IIB

107TH CONGRESS

1ST SESSION H. R. 1098

IN THE SENATE OF THE UNITED STATES

MARCH 22, 2001

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

and Transportation

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Maritime Policy Im3 provement Act of 2001’’.

4 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Vessel COASTAL VENTURE.

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

Sec. 5. Discharge of agricultural cargo residue.

Sec. 6. Recording and discharging maritime liens.

Sec. 7. Tonnage of R/V DAVIDSON.

Sec. 8. Miscellaneous certificates of documentation.

Sec. 9. Exemption for Victory Ships.

Sec. 10. Certificate of documentation for 3 barges.

Sec. 11. Certificate of documentation for the EAGLE.

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

Sec. 13. Vessel ASPHALT COMMANDER.

6 SEC. 3. VESSEL COASTAL VENTURE.

7 Section 1120(g) of the Coast Guard Authorization

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

9 amended by inserting ‘‘COASTAL VENTURE (United

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

11 SEC. 4. EXPANSION OF AMERICAN MERCHANT MARINE ME12 MORIAL WALL OF HONOR.

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

14 (1) the United States Merchant Marine has

15 served the people of the United States in all wars

16 since 1775;

17 (2) the United States Merchant Marine served

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

19 Navy to help gain the Nation’s independence;
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1 (3) the United States Merchant Marine kept

2 the lifeline of freedom open to the allies of the

3 United States during the Second World War, mak4 ing one of the most significant contributions made

5 by any nation to the victory of the allies in that war;

6 (4) President Franklin D. Roosevelt and many

7 military leaders praised the role of the United States

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

9 during the Second World War;

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

11 in the United States Merchant Marine during the

12 Second World War;

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

14 the United States Merchant Marine faced dangers

15 from the elements and from submarines, mines,

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

17 pilots;

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

19 6,830 members of the United States Merchant Ma20 rine were killed at sea;

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

22 members of the United States Merchant Marine

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

24 from their wounds;
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1 (9) during the Second World War, 604 mem2 bers of the United States Merchant Marine were

3 taken prisoner;

4 (10) 1 in 32 members of the United States

5 Merchant Marine serving in the Second World War

6 died in the line of duty, suffering a higher percent7 age of war-related deaths than any of the other

8 armed services of the United States; and

9 (11) the United States Merchant Marine con10 tinues to serve the United States, promoting free11 dom and meeting the high ideals of its former mem12 bers.

13 (b) GRANTS TO CONSTRUCT ADDITION TO AMER14 ICAN MERCHANT MARINE MEMORIAL WALL OF

15 HONOR.—

16 (1) IN GENERAL.—The Secretary of Transpor17 tation may make grants to the American Merchant

18 Marine Veterans Memorial Committee, Inc., to con19 struct an addition to the American Merchant Marine

20 Memorial Wall of Honor located at the Los Angeles

21 Maritime Museum in San Pedro, California.

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

23 the cost of activities carried out with a grant made

24 under this section shall be 50 percent.
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1 (3) AUTHORIZATION OF APPROPRIATIONS.—

2 There is authorized to be appropriated to carry out

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

4 SEC. 5. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.

5 Notwithstanding any other provision of law, the dis6 charge from a vessel of any agricultural cargo residue ma7 terial in the form of hold washings shall be governed exclu8 sively by the provisions of the Act to Prevent Pollution

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

10 Annex V to the International Convention for the Preven11 tion of Pollution from Ships.

12 SEC. 6. RECORDING AND DISCHARGING MARITIME LIENS.

13 (a) LIENS ON ANY DOCUMENTED VESSEL.—

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

15 United States Code, is amended as follows:

16 (A) By amending the section heading to

17 read as follows:

18 ‘‘§ 31343. Recording and discharging liens’’.

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

20 by a preferred mortgage filed or recorded under

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

22 which an application for documentation has

23 been filed, under chapter 121’’.

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

25 follows:
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1 ‘‘(b)(1) The Secretary shall record a notice complying

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

3 presented to the Secretary for recording, the person hav4 ing the claim files with the notice a declaration stating

5 the following:

6 ‘‘(A) The information in the notice is true and

7 correct to the best of the knowledge, information,

8 and belief of the individual who signed it.

9 ‘‘(B) A copy of the notice, as presented for rec10 ordation, has been sent to each of the following:

11 ‘‘(i) The owner of the vessel.

12 ‘‘(ii) Each person that recorded under sec13 tion 31343(a) of this title an unexpired notice

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

15 ‘‘(iii) The mortgagee of each mortgage

16 filed or recorded under section 31321 of this

17 title that is an undischarged mortgage on the

18 vessel.

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

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

21 president, member, partner, trustee, or other official au22 thorized to execute the declaration on behalf of the per23 son.’’.

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

25 follows:
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1 ‘‘(c)(1) On full and final discharge of the indebted2 ness that is the basis for a notice of claim of lien recorded

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

4 claim shall provide the Secretary with an acknowledged

5 certificate of discharge of the indebtedness. The Secretary

6 shall record the certificate.

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

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

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

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

11 of claim of lien, or both, regardless of the amount in con12 troversy or the citizenship of the parties. Venue in such

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

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

15 of lien is recorded. The court may award costs and attor16 neys fees to the prevailing party, unless the court finds

17 that the position of the other party was substantially justi18 fied or other circumstances make an award of costs and

19 attorneys fees unjust.’’.

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

21 ‘‘(e) A notice of claim of lien recorded under sub22 section (b) of this section shall expire 3 years after the

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

24 section.
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1 ‘‘(f) This section does not alter in any respect the

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

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

4 including any defense under the doctrine of laches.’’.

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 313 of title 46,

7 United States Code, is amended by striking the item

8 relating to section 31343 and inserting the fol9 lowing:

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

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

11 46, United States Code, is amended as follows:

12 (1) In subsection (d)(1)(B) by striking ‘‘a no13 tice of a claim’’ and inserting ‘‘an unexpired notice

14 of a claim’’.

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

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

17 claim’’.

18 (c) APPROVAL OF SURRENDER OF DOCUMENTA19 TION.—Section 12111 of title 46, United States Code, is

20 amended by adding at the end the following:

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

22 surrender of the certificate of documentation for a vessel

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

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

25 this title.
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1 ‘‘(2) The Secretary may condition approval of the

2 surrender of the certificate of documentation for a vessel

3 over 1,000 gross tons.’’.

4 (d) TECHNICAL CORRECTION.—Section 9(c) of the

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

6 in the matter preceding paragraph (1) by striking ‘‘Ex7 cept’’ and all that follows ‘‘12106(e) of title 46,’’ and in8 serting ‘‘Except as provided in section 611 of the Mer9 chant Marine Act, 1936 (46 App. U.S.C. 1181) and in

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

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

12 July 1, 2002.

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

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

15 shall prescribe a tonnage measurement as a small pas16 senger vessel as defined in section 2101 of title 46, United

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

18 States official number D1066485) for purposes of apply19 ing the optional regulatory measurement under section

20 14305 of that title.

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

22 when the vessel is operating in compliance with the re23 quirements of section 3301(8) of title 46, United States

24 Code.
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1 SEC. 8. MISCELLANEOUS CERTIFICATES OF DOCUMENTA2 TION.

3 Notwithstanding section 27 of the Merchant Marine

4 Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of

5 June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App.

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

7 States Code, the Secretary of Transportation may issue

8 a certificate of documentation with appropriate endorse9 ment for employment in the coastwise trade for the fol10 lowing vessels:

11 (1) LOOKING GLASS (United States official

12 number 925735).

13 (2) YANKEE (United States official number

14 1076210).

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

16 (State of Florida registration number

17 FLZP7569E373).

18 (4) ENTERPRIZE (United States official

19 number 1077571).

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

21 number 1079439).

22 (6) FRITHA (United States official number

23 1085943).

24 (7) PUFFIN (United States official number

25 697029).
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1 (8) VICTORY OF BURNHAM (United States

2 official number 663780).

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

4 number 905373).

5 (10) ANTJA (State of Florida registration

6 number FL3475MA).

7 (11) SKIMMER, manufactured by Contour

8 Yachts, Inc. (hull identification number

9 QHG34031D001).

10 (12) TOKEENA (State of South Carolina reg11 istration number SC 1602 BJ).

12 (13) DOUBLE EAGLE2 (United States offi13 cial number 1042549).

14 (14) ENCOUNTER (United States official

15 number 998174).

16 (15) AJ (United States official number

17 599164).

18 (16) BARGE 10 (United States official number

19 1101368).

20 (17) NOT A SHOT (United States official

21 number 911064).

22 (18) PRIDE OF MANY (Canadian official

23 number 811529).

24 (19) AMAZING GRACE (United States official

25 number 92769).
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1 (20) SHEWHO (United States official number

2 1104094).

3 SEC. 9. EXEMPTION FOR VICTORY SHIPS.

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

5 is amended by adding at the end the following:

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

7 (United States official number 249410), owned by

8 the Richmond Museum Association, located in Rich9 mond, California.

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

11 official number 248005), owned by Victory Ship,

12 Inc., of Tampa, Florida.’’.

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

14 (a) DOCUMENTATION CERTIFICATE.—Notwith15 standing section 12106 of title 46, United States Code,

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

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

18 section, the Secretary of Transportation may issue a cer19 tificate of documentation with an appropriate endorsement

20 for employment in the coastwise trade for each of the ves21 sels listed in subsection (b).

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

23 subsection (a) are the following:

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

25 a length of 110 feet and a width of 34 feet.
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1 (2) The former railroad car barge HUGH, hav2 ing a length of 185 feet and a width of 34 feet.

3 (3) The former railroad car barge TOMMY,

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

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

6 certificate of documentation under this section may be

7 used only as a floating platform for launching fireworks,

8 including transportation of materials associated with that

9 use.

10 SEC. 11. CERTIFICATE OF DOCUMENTATION FOR THE

11 EAGLE.

12 Notwithstanding section 27 of the Merchant Marine

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

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

15 1906 (46 U.S.C. App. 292), the Secretary of Transpor16 tation shall issue a certificate of documentation with ap17 propriate endorsement for employment in the coastwise

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

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

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

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

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

23 subdivision of a State, or a public authority char24 tered by a State;

25 (3) operated only in conjunction with—
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1 (A) scour jet operations; or

2 (B) dredging services adjacent to facilities

3 owned by the State, political subdivision, or

4 public authority; and

5 (4) externally identified clearly as a vessel of

6 that State, subdivision or authority.

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

8 RACE.

9 Notwithstanding section 8 of the Act of June 19,

10 1886 (46 App. U.S.C. 289), beginning on April 1, 2002,

11 the 10 sailboats participating in the New World Challenge

12 Race may transport guests, who have not contributed con13 sideration for their passage, from and around the ports

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

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

16 or effect beginning on the earlier of—

17 (1) 60 days after the last competing sailboat

18 reaches the end of that race in San Francisco, Cali19 fornia; or

20 (2) December 31, 2003.

21 SEC. 13. VESSEL ASPHALT COMMANDER.

22 Notwithstanding any other law or agreement with the

23 United States Government, the vessel ASPHALT COM24 MANDER (United States official number 663105) may

25 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.

Passed the House of Representatives March 21,

2001.

Attest: JEFF TRANDAHL,

Clerk.