II

Calendar No. 107

107TH CONGRESS

1ST SESSION H. R. 1098

[Report No. 107–48]

IN THE SENATE OF THE UNITED STATES

MARCH 22, 2001

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

JULY 27, 2001

Reported by Mr. HOLLINGS, without amendment

AN ACT

To improve the recording and discharging of maritime liens

and expand the American Merchant Marine Memorial

Wall of Honor, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Maritime Policy Im5 provement Act of 2001’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.
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Sec. 2. Table of contents.

Sec. 3. Vessel COASTAL VENTURE.

Sec. 4. Expansion of American Merchant Marine Memorial Wall of Honor.

Sec. 5. Discharge of agricultural cargo residue.

Sec. 6. Recording and discharging maritime liens.

Sec. 7. Tonnage of R/V DAVIDSON.

Sec. 8. Miscellaneous certificates of documentation.

Sec. 9. Exemption for Victory Ships.

Sec. 10. Certificate of documentation for 3 barges.

Sec. 11. Certificate of documentation for the EAGLE.

Sec. 12. Waiver for vessels in New World Challenge Race.

Sec. 13. Vessel ASPHALT COMMANDER.

1 SEC. 3. VESSEL COASTAL VENTURE.

2 Section 1120(g) of the Coast Guard Authorization

3 Act of 1996 (Public Law 104–324; 110 Stat. 3978) is

4 amended by inserting ‘‘COASTAL VENTURE (United

5 States official number 971086),’’ after ‘‘vessels’’.

6 SEC. 4. EXPANSION OF AMERICAN MERCHANT MARINE ME7 MORIAL WALL OF HONOR.

8 (a) FINDINGS.—The Congress finds that—

9 (1) the United States Merchant Marine has

10 served the people of the United States in all wars

11 since 1775;

12 (2) the United States Merchant Marine served

13 as the Nation’s first navy and defeated the British

14 Navy to help gain the Nation’s independence;

15 (3) the United States Merchant Marine kept

16 the lifeline of freedom open to the allies of the

17 United States during the Second World War, mak18 ing one of the most significant contributions made

19 by any nation to the victory of the allies in that war;
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1 (4) President Franklin D. Roosevelt and many

2 military leaders praised the role of the United States

3 Merchant Marine as the ‘‘Fourth Arm of Defense’’

4 during the Second World War;

5 (5) more than 250,000 men and women served

6 in the United States Merchant Marine during the

7 Second World War;

8 (6) during the Second World War, members of

9 the United States Merchant Marine faced dangers

10 from the elements and from submarines, mines,

11 armed raiders, destroyers, aircraft, and ‘‘kamikaze’’

12 pilots;

13 (7) during the Second World War, at least

14 6,830 members of the United States Merchant Ma15 rine were killed at sea;

16 (8) during the Second World War, 11,000

17 members of the United States Merchant Marine

18 were wounded, at least 1,100 of whom later died

19 from their wounds;

20 (9) during the Second World War, 604 mem21 bers of the United States Merchant Marine were

22 taken prisoner;

23 (10) 1 in 32 members of the United States

24 Merchant Marine serving in the Second World War

25 died in the line of duty, suffering a higher percent-
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1 age of war-related deaths than any of the other

2 armed services of the United States; and

3 (11) the United States Merchant Marine con4 tinues to serve the United States, promoting free5 dom and meeting the high ideals of its former mem6 bers.

7 (b) GRANTS TO CONSTRUCT ADDITION TO AMER8 ICAN MERCHANT MARINE MEMORIAL WALL OF

9 HONOR.—

10 (1) IN GENERAL.—The Secretary of Transpor11 tation may make grants to the American Merchant

12 Marine Veterans Memorial Committee, Inc., to con13 struct an addition to the American Merchant Marine

14 Memorial Wall of Honor located at the Los Angeles

15 Maritime Museum in San Pedro, California.

16 (2) FEDERAL SHARE.—The Federal share of

17 the cost of activities carried out with a grant made

18 under this section shall be 50 percent.

19 (3) AUTHORIZATION OF APPROPRIATIONS.—

20 There is authorized to be appropriated to carry out

21 this section $500,000 for fiscal year 2002.

22 SEC. 5. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.

23 Notwithstanding any other provision of law, the dis24 charge from a vessel of any agricultural cargo residue ma25 terial in the form of hold washings shall be governed exclu-
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1 sively by the provisions of the Act to Prevent Pollution

2 from Ships (33 U.S.C. 1901 et seq.) that implement

3 Annex V to the International Convention for the Preven4 tion of Pollution from Ships.

5 SEC. 6. RECORDING AND DISCHARGING MARITIME LIENS.

6 (a) LIENS ON ANY DOCUMENTED VESSEL.—

7 (1) IN GENERAL.—Section 31343 of title 46,

8 United States Code, is amended as follows:

9 (A) By amending the section heading to

10 read as follows:

11 ‘‘§ 31343. Recording and discharging liens’’.

12 (B) In subsection (a) by striking ‘‘covered

13 by a preferred mortgage filed or recorded under

14 this chapter’’ and inserting ‘‘documented, or for

15 which an application for documentation has

16 been filed, under chapter 121’’.

17 (C) By amending subsection (b) to read as

18 follows:

19 ‘‘(b)(1) The Secretary shall record a notice complying

20 with subsection (a) of this section if, when the notice is

21 presented to the Secretary for recording, the person hav22 ing the claim files with the notice a declaration stating

23 the following:
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1 ‘‘(A) The information in the notice is true and

2 correct to the best of the knowledge, information,

3 and belief of the individual who signed it.

4 ‘‘(B) A copy of the notice, as presented for rec5 ordation, has been sent to each of the following:

6 ‘‘(i) The owner of the vessel.

7 ‘‘(ii) Each person that recorded under sec8 tion 31343(a) of this title an unexpired notice

9 of a claim of an undischarged lien on the vessel.

10 ‘‘(iii) The mortgagee of each mortgage

11 filed or recorded under section 31321 of this

12 title that is an undischarged mortgage on the

13 vessel.

14 ‘‘(2) A declaration under this subsection filed by a

15 person that is not an individual must be signed by the

16 president, member, partner, trustee, or other official au17 thorized to execute the declaration on behalf of the per18 son.’’.

19 (D) By amending subsection (c) to read as

20 follows:

21 ‘‘(c)(1) On full and final discharge of the indebted22 ness that is the basis for a notice of claim of lien recorded

23 under subsection (b) of this section, the person having the

24 claim shall provide the Secretary with an acknowledged
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1 certificate of discharge of the indebtedness. The Secretary

2 shall record the certificate.

3 ‘‘(2) The district courts of the United States shall

4 have jurisdiction over a civil action to declare that a vessel

5 is not subject to a lien claimed under subsection (b) of

6 this section, or that the vessel is not subject to the notice

7 of claim of lien, or both, regardless of the amount in con8 troversy or the citizenship of the parties. Venue in such

9 an action shall be in the district where the vessel is found,

10 or where the claimant resides, or where the notice of claim

11 of lien is recorded. The court may award costs and attor12 neys fees to the prevailing party, unless the court finds

13 that the position of the other party was substantially justi14 fied or other circumstances make an award of costs and

15 attorneys fees unjust.’’.

16 (E) By adding at the end the following:

17 ‘‘(e) A notice of claim of lien recorded under sub18 section (b) of this section shall expire 3 years after the

19 date specified in the notice under subsection (b) of this

20 section.

21 ‘‘(f) This section does not alter in any respect the

22 law pertaining to the establishment of a maritime lien, the

23 remedy provided by such a lien, or the defenses thereto,

24 including any defense under the doctrine of laches.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 313 of title 46,

3 United States Code, is amended by striking the item

4 relating to section 31343 and inserting the fol5 lowing:

‘‘31343. Recording and discharging liens.’’.

6 (b) NOTICE REQUIREMENTS.—Section 31325 of title

7 46, United States Code, is amended as follows:

8 (1) In subsection (d)(1)(B) by striking ‘‘a no9 tice of a claim’’ and inserting ‘‘an unexpired notice

10 of a claim’’.

11 (2) In subsection (f)(1) by striking ‘‘a notice of

12 a claim’’ and inserting ‘‘an unexpired notice of a

13 claim’’.

14 (c) APPROVAL OF SURRENDER OF DOCUMENTA15 TION.—Section 12111 of title 46, United States Code, is

16 amended by adding at the end the following:

17 ‘‘(d)(1) The Secretary shall not refuse to approve the

18 surrender of the certificate of documentation for a vessel

19 solely on the basis that a notice of a claim of a lien on

20 the vessel has been recorded under section 31343(a) of

21 this title.

22 ‘‘(2) The Secretary may condition approval of the

23 surrender of the certificate of documentation for a vessel

24 over 1,000 gross tons.’’.
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1 (d) TECHNICAL CORRECTION.—Section 9(c) of the

2 Shipping Act, 1916 (46 U.S.C. App. 808(c)) is amended

3 in the matter preceding paragraph (1) by striking ‘‘Ex4 cept’’ and all that follows ‘‘12106(e) of title 46,’’ and in5 serting ‘‘Except as provided in section 611 of the Mer6 chant Marine Act, 1936 (46 App. U.S.C. 1181) and in

7 sections 12106(e) and 31322(a)(1)(D) of title 46,’’.

8 (e) EFFECTIVE DATE.—This section shall take effect

9 July 1, 2002.

10 SEC. 7. TONNAGE OF R/V DAVIDSON.

11 (a) IN GENERAL.—The Secretary of Transportation

12 shall prescribe a tonnage measurement as a small pas13 senger vessel as defined in section 2101 of title 46, United

14 States Code, for the vessel R/V DAVIDSON (United

15 States official number D1066485) for purposes of apply16 ing the optional regulatory measurement under section

17 14305 of that title.

18 (b) APPLICATION.—Subsection (a) shall apply only

19 when the vessel is operating in compliance with the re20 quirements of section 3301(8) of title 46, United States

21 Code.

22 SEC. 8. MISCELLANEOUS CERTIFICATES OF DOCUMENTA23 TION.

24 Notwithstanding section 27 of the Merchant Marine

25 Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of
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1 June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App.

2 289), and sections 12106 and 12108 of title 46, United

3 States Code, the Secretary of Transportation may issue

4 a certificate of documentation with appropriate endorse5 ment for employment in the coastwise trade for the fol6 lowing vessels:

7 (1) LOOKING GLASS (United States official

8 number 925735).

9 (2) YANKEE (United States official number

10 1076210).

11 (3) LUCKY DOG of St. Petersburg, Florida

12 (State of Florida registration number

13 FLZP7569E373).

14 (4) ENTERPRIZE (United States official

15 number 1077571).

16 (5) M/V SANDPIPER (United States official

17 number 1079439).

18 (6) FRITHA (United States official number

19 1085943).

20 (7) PUFFIN (United States official number

21 697029).

22 (8) VICTORY OF BURNHAM (United States

23 official number 663780).

24 (9) R’ADVENTURE II (United States official

25 number 905373).
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1 (10) ANTJA (State of Florida registration

2 number FL3475MA).

3 (11) SKIMMER, manufactured by Contour

4 Yachts, Inc. (hull identification number

5 QHG34031D001).

6 (12) TOKEENA (State of South Carolina reg7 istration number SC 1602 BJ).

8 (13) DOUBLE EAGLE2 (United States offi9 cial number 1042549).

10 (14) ENCOUNTER (United States official

11 number 998174).

12 (15) AJ (United States official number

13 599164).

14 (16) BARGE 10 (United States official number

15 1101368).

16 (17) NOT A SHOT (United States official

17 number 911064).

18 (18) PRIDE OF MANY (Canadian official

19 number 811529).

20 (19) AMAZING GRACE (United States official

21 number 92769).

22 (20) SHEWHO (United States official number

23 1104094).
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1 SEC. 9. EXEMPTION FOR VICTORY SHIPS.

2 Section 3302(l)(1) of title 46, United States Code,

3 is amended by adding at the end the following:

4 ‘‘(D) The steamship SS Red Oak Victory

5 (United States official number 249410), owned by

6 the Richmond Museum Association, located in Rich7 mond, California.

8 ‘‘(E) The SS American Victory (United States

9 official number 248005), owned by Victory Ship,

10 Inc., of Tampa, Florida.’’.

11 SEC. 10. CERTIFICATE OF DOCUMENTATION FOR 3 BARGES.

12 (a) DOCUMENTATION CERTIFICATE.—Notwith13 standing section 12106 of title 46, United States Code,

14 and section 27 of the Merchant Marine Act, 1920 (46

15 App. U.S.C. 883), and subject to subsection (c) of this

16 section, the Secretary of Transportation may issue a cer17 tificate of documentation with an appropriate endorsement

18 for employment in the coastwise trade for each of the ves19 sels listed in subsection (b).

20 (b) VESSELS DESCRIBED.—The vessels referred to in

21 subsection (a) are the following:

22 (1) The former Navy deck barge JIM, having

23 a length of 110 feet and a width of 34 feet.

24 (2) The former railroad car barge HUGH, hav25 ing a length of 185 feet and a width of 34 feet.
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1 (3) The former railroad car barge TOMMY,

2 having a length of 185 feet and a width of 34 feet.

3 (c) LIMITATION ON OPERATION.—A vessel issued a

4 certificate of documentation under this section may be

5 used only as a floating platform for launching fireworks,

6 including transportation of materials associated with that

7 use.

8 SEC. 11. CERTIFICATE OF DOCUMENTATION FOR THE

9 EAGLE.

10 Notwithstanding section 27 of the Merchant Marine

11 Act, 1920 (46 U.S.C. App. 883), chapter 121 of title 46,

12 United States Code, and section 1 of the Act of May 28,

13 1906 (46 U.S.C. App. 292), the Secretary of Transpor14 tation shall issue a certificate of documentation with ap15 propriate endorsement for employment in the coastwise

16 trade for the vessel EAGLE (hull number BK—1754,

17 United States official number 1091389) if the vessel is—

18 (1) owned by a State, a political subdivision of

19 a State, or a public authority chartered by a State;

20 (2) if chartered, chartered to a State, a political

21 subdivision of a State, or a public authority char22 tered by a State;

23 (3) operated only in conjunction with—

24 (A) scour jet operations; or
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1 (B) dredging services adjacent to facilities

2 owned by the State, political subdivision, or

3 public authority; and

4 (4) externally identified clearly as a vessel of

5 that State, subdivision or authority.

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

7 RACE.

8 Notwithstanding section 8 of the Act of June 19,

9 1886 (46 App. U.S.C. 289), beginning on April 1, 2002,

10 the 10 sailboats participating in the New World Challenge

11 Race may transport guests, who have not contributed con12 sideration for their passage, from and around the ports

13 of San Francisco and San Diego, California, before and

14 during stops of that race. This section shall have no force

15 or effect beginning on the earlier of—

16 (1) 60 days after the last competing sailboat

17 reaches the end of that race in San Francisco, Cali18 fornia; or

19 (2) December 31, 2003.

20 SEC. 13. VESSEL ASPHALT COMMANDER.

21 Notwithstanding any other law or agreement with the

22 United States Government, the vessel ASPHALT COM23 MANDER (United States official number 663105) may

24 be transferred to or placed under a foreign registry or sold
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1 to a person that is not a citizen of the United States and

2 transferred to or placed under a foreign registry.
Calendar No. 107

107TH CONGRESS

1ST SESSION H. R. 1098

[Report No. 107–48]

AN ACT

To improve the recording and discharging of maritime liens and expand the American Merchant

Marine Memorial Wall of Honor, and for otherpurposes.

JULY 27, 2001

Reported without amendment