I 

108TH CONGRESS 

2D SESSION H. R. 4251

To amend various laws relating to maritime transportation, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2004

Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. LOBIONDO, and Mr. 

FILNER) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL

To amend various laws relating to maritime transportation, 

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 Transpor5 tation Amendments of 2004’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 
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Sec. 102. Maximum service in active status for reserve rear admirals. 

Sec. 103. Confidential investigative expenses. 

Sec. 104. Renewal of advisory groups. 

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.

1 TITLE I—COAST GUARD 

2 SEC. 101. CONTINGENT EXPENSES. 

3 Section 476 of title 14, United States Code, is 

4 amended—

5 (1) by striking ‘‘$7,500’’ and inserting 

6 ‘‘$50,000’’; and 

7 (2) by striking the second sentence. 

8 SEC. 102. MAXIMUM SERVICE IN ACTIVE STATUS FOR RE9 SERVE REAR ADMIRALS. 

10 Section 743 of title 14, United States Code, is 

11 amended by striking ‘‘combined service in the grades of 

12 rear admiral and rear admiral (lower half)’’ and inserting 

13 ‘‘of service after the appointment of the officer to rear ad14 miral (lower half).’’. 

15 SEC. 103. CONFIDENTIAL INVESTIGATIVE EXPENSES. 

16 Section 658 of title 14, United States Code, is 

17 amended by striking ‘‘$15,000 per annum’’ and inserting 

18 ‘‘$45,000 each fiscal year’’. 
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1 SEC. 104. RENEWAL OF ADVISORY GROUPS. 

2 (a) COMMERCIAL FISHING INDUSTRY VESSEL SAFE3 TY ADVISORY COMMITTEE.—Section 4508(e)(1) of title 

4 46, United States Code, is amended by striking ‘‘of Sep5 tember 30, 2005’’ and inserting ‘‘on September 30, 

6 2010’’. 

7 (b) HOUSTON-GALVESTON NAVIGATION SAFETY AD8 VISORY COMMITTEE.—Section 18 of the Coast Guard Au9 thorization Act of 1991 (Public Law 102–241; 105 Stat. 

10 2213) is amended—

11 (1) in subsection (b) by striking ‘‘eighteen’’ and 

12 inserting ‘‘19’’; 

13 (2) by adding at the end of subsection (b) the 

14 following: 

15 ‘‘(12) One member representing recreational 

16 boating interests.’’; and 

17 (3) in subsection (h) by striking ‘‘September 

18 30, 2005’’ and inserting ‘‘September 30, 2010’’. 

19 (c) LOWER MISSISSIPPI RIVER WATERWAY SAFETY

20 ADVISORY COMMITTEE.—Section 19(g) of the Coast 

21 Guard Authorization Act of 1991 (Public Law 102–241) 

22 is amended by striking ‘‘September 30, 2005’’ and insert23 ing ‘‘September 30, 2010’’. 

24 (d) GREAT LAKES PILOTAGE ADVISORY COM25 MITTEE.—Section 9307(f)(1) of title 46, United States 
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1 Code, is amended by striking ‘‘September 30, 2005’’ and 

2 inserting ‘‘September 30, 2010’’. 

3 (e) NAVIGATION SAFETY ADVISORY COUNCIL.—Sec4 tion 5(d) of the Inland Navigational Rules Act of 1980 

5 (33 U.S.C. 2073(d)) is amended by striking ‘‘September 

6 30, 2005’’ and inserting ‘‘September 30, 2010’’. 

7 (f) NATIONAL BOATING SAFETY ADVISORY COUN8 CIL.—Section 13110(e) of title 46, United States Code, 

9 is amended by striking ‘‘September 30, 2005’’ and insert10 ing ‘‘September 30, 2010’’. 

11 (g) TOWING SAFETY ADVISORY COMMITTEE.—Public 

12 Law 96–380 (33 U.S.C. 1231a) is amended in subsection 

13 (e) by striking ‘‘September 30, 2005’’ and inserting ‘‘Sep14 tember 30, 2010’’. 

15 TITLE II—MARINE SAFETY AND 

16 ENVIRONMENTAL PROTECTION 

17 SEC. 201. ENFORCEMENT. 

18 (a) IN GENERAL.—Chapter 701 of title 46, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘§ 70118. Firearms, arrests, and seizure of property 

22 ‘‘Subject to guidelines approved by the Secretary, 

23 members of the Coast Guard may, in the performance of 

24 official duties—

25 ‘‘(1) carry a firearm; and 
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1 ‘‘(2) while at a facility—

2 ‘‘(A) make an arrest without warrant for 

3 any offense against the United States com4 mitted in their presence; and 

5 ‘‘(B) seize property as otherwise provided 

6 by law. 

7 ‘‘§ 70119. Enforcement by State and local officers 

8 ‘‘(a) IN GENERAL.—Any State or local government 

9 law enforcement officer who has authority to enforce State 

10 criminal laws may make an arrest for violation of a secu11 rity zone regulation under section 1 of title II of the Act 

12 of June 15, 1917 (chapter 30; 50 U.S.C. 191) or security 

13 or safety zone regulation under section 7(b) of the Ports 

14 and Waterways Safety Act (33 U.S.C. 1226(b)) prescribed 

15 by a Coast Guard official authorized by law to prescribe 

16 such regulations, if—

17 ‘‘(1) such violation is a felony; and 

18 ‘‘(2) the officer has reasonable grounds to be19 lieve that the person to be arrested has committed 

20 or is committing such violation. 

21 ‘‘(b) OTHER POWERS NOT AFFECTED.—The provi22 sions of this section are in addition to any power conferred 

23 by law to such officers. This section shall not be construed 

24 as a limitation of any power conferred by law to such offi25 cers, or any other officer of the United States or any 
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1 State. This section does not grant to such officers any 

2 powers not authorized by the law of the State in which 

3 those officers are employed.’’. 

4 (b) CLERICAL AMENDMENT.—The chapter analysis 

5 at the beginning of chapter 701 of title 46, United States 

6 Code, is amended by adding at the end the following:

‘‘70118. Enforcement. 

‘‘70119. Enforcement by State and local officers.’’.

7 SEC. 202. IN REM LIABILITY FOR CIVIL PENALTIES. 

8 (a) MARITIME TRANSPORTATION SECURITY ACT.—

9 (1) IN GENERAL.—Section 70117 of title 46, 

10 United States Code, is amended—

11 (A) by striking the section heading and in12 serting the following: 

13 ‘‘§ 70117. Penalties’’; 

14 (B) by inserting ‘‘(a) IN GENERAL.—’’ be15 fore ‘‘Any’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(b) IN REM LIABILITY.—Any vessel that is used in 

18 violation of this chapter, or of any regulation issued under 

19 this chapter, shall be liable in rem for any civil penalty 

20 assessed pursuant to subsection (a) and may be proceeded 

21 against in the United States district court for any district 

22 in which such vessel may be found. 

23 ‘‘(c) WITHHOLDING OF CLEARANCE.—
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1 ‘‘(1) IN GENERAL.—If any owner, agent, mas2 ter, officer, or person in charge of a vessel is liable 

3 for a penalty or fine under subsection (a), or if rea4 sonable cause exists to believe that the owner, agent, 

5 master, officer, or person in charge may be subject 

6 to a penalty or fine under subsection (a), the Sec7 retary may, with respect to such vessel, refuse or re8 voke any clearance required by section 4197 of the 

9 Revised Statutes of the United States (46 U.S.C. 

10 App. 91). 

11 ‘‘(2) CLEARANCE UPON FILING OF BOND OR

12 OTHER SURETY.—The Secretary may require the fil13 ing of a bond or other surety as a condition of 

14 granting clearance refused or revoked under this 

15 subsection.’’. 

16 (2) CONFORMING AMENDMENT.—The chapter 

17 analysis for chapter 701 of title 46, United States 

18 Code, is amended by revising the item relating to 

19 section 70117 to read as follows:

‘‘70117. Penalties.’’.

20 (b) MAGNUSON ACT.—Section 2 of title II of the Act 

21 of June 15, 1917 (chapter 30; 50 U.S.C. 192), is amend22 ed—

23 (1) in subsection (c) by striking ‘‘Act’’ each 

24 time it appears and inserting ‘‘title’’; and 

25 (2) by inserting at the end the following: 
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1 ‘‘(d) IN REM LIABILITY.—Any vessel that is used in 

2 violation of this title, or of any regulation issued under 

3 this title, shall be liable in rem for any civil penalty as4 sessed pursuant to subsection (c) and may be proceeded 

5 against in the United States district court for any district 

6 in which such vessel may be found. 

7 ‘‘(e) WITHHOLDING OF CLEARANCE.—

8 ‘‘(1) IN GENERAL.—If any owner, agent, mas9 ter, officer, or person in charge of a vessel is liable 

10 for a penalty or fine under subsection (c), or if rea11 sonable cause exists to believe that the owner, agent, 

12 master, officer, or person in charge may be subject 

13 to a penalty or fine under this section, the Secretary 

14 may, with respect to such vessel, refuse or revoke 

15 any clearance required by section 4197 of the Re16 vised Statutes of the United States (46 U.S.C. App. 

17 91). 

18 ‘‘(2) CLEARANCE UPON FILING OF BOND OR

19 OTHER SURETY.—The Secretary may require the fil20 ing of a bond or other surety as a condition of 

21 granting clearance refused or revoked under this 

22 subsection.’’. 

23 SEC. 203. DELEGATION OF PORT SECURITY AUTHORITY. 

24 The undesignated text following paragraph (b) of the 

25 second unnumbered paragraph of section 1 of title II of 
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1 the Act of June 15, 1917 (chapter 30; 40 Stat. 220; 50 

2 U.S.C. 191) is amended by adding at the beginning the 

3 following: ‘‘The President may delegate the authority to 

4 issue such rules and regulations to the Secretary of the 

5 department in which the Coast Guard is operating.’’. 

6 SEC. 204. NOTIFICATION OF DEFICIENCIES. 

7 (a) CORRECTION OF DEFICIENCIES.—Section 

8 3313(b)(1) of title 46, United States Code, is amended 

9 by striking ‘‘be ordered in writing to correct the noted de10 ficiencies promptly’’ and inserting ‘‘promptly correct any 

11 deficiencies’’. 

12 (b) NOTIFICATION TO VESSEL.—

13 (1) IN GENERAL.—Section 3712 of title 46, 

14 United States Code, is amended to read as follows: 

15 ‘‘§ 3712. Notification of deficiencies 

16 ‘‘The Secretary shall notify the owner, charterer, 

17 managing operator, agent, master, or individual in charge 

18 of a vessel of deficiencies found during any inspection or 

19 examination under this chapter.’’. 

20 (2) CLERICAL AMENDMENT.—The chapter anal21 ysis for chapter 37 of title 46, United States Code, 

22 is amended by striking the item related to section 

23 3712 and inserting the following:

‘‘3712. Notification of deficiencies.’’.
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1 SEC. 205. DRUG TESTING REPORTING. 

2 (a) IN GENERAL.—Chapter 77 of title 46, United 

3 States Code, is amended by adding at the end: 

4 ‘‘§ 7706. Drug testing reporting 

5 ‘‘(a) RELEASE OF DRUG TEST RESULTS TO COAST

6 GUARD.—Not later than 2 weeks after receiving from a 

7 Medical Review Officer a report of a verified positive drug 

8 test or verified test violation by a civilian employee of a 

9 Federal agency, an officer in the Public Health Services, 

10 or an officer in the National Oceanic and Atmospheric Ad11 ministration Commissioned Officer Corps, who is em12 ployed in any capacity on board a vessel operated by the 

13 agency, the head of the agency shall release to the Com14 mandant of the Coast Guard the report. 

15 ‘‘(b) STANDARDS, PROCEDURES, AND REGULA16 TIONS.—The head of a Federal agency shall carry out a 

17 release under subsection (a) in accordance with the stand18 ards, procedures, and regulations applicable to the disclo19 sure and reporting to the Coast Guard of drug tests re20 sults and drug test records of individuals employed on ves21 sels documented under the laws of the United States. 

22 ‘‘(c) WAIVER.—Notwithstanding section 503(e) of 

23 the Supplemental Appropriations Act, 1987 (5 U.S.C. 

24 7301 note), the report of a drug test of an employee may 

25 be released under this section without the prior written 

26 consent of the employee.’’. 
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1 (b) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 77 of title 46, United States Code, is 

3 amended by adding at the end the following:

‘‘7706. Drug testing reporting.’’.

4 SEC. 206. JUDICIAL REVIEW OF NATIONAL TRANSPOR5 TATION SAFETY BOARD FINAL ORDERS. 

6 Section 1153 of title 49, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(d) COMMANDANT SEEKING JUDICIAL REVIEW OF

9 MARITIME MATTERS.—If the Commandant of the Coast 

10 Guard decides that an order of the Board issued pursuant 

11 to a review of a Coast Guard action under section 1133 

12 of this title will have an adverse impact on maritime safety 

13 or security, the Commandant may obtain judicial review 

14 of the order under subsection (a). The Commandant, in 

15 the official capacity of the Commandant, shall be a party 

16 to the judicial review proceedings.’’. 

17 SEC. 207. INSPECTION OF TOWING VESSELS. 

18 (a) VESSELS SUBJECT TO INSPECTION.—Section 

19 3301 of title 46, United States Code, is amended by add20 ing at the end the following: 

21 ‘‘(15) towing vessels.’’. 

22 (b) SAFETY MANAGEMENT SYSTEM.—Section 3306 

23 of chapter 33 of title 46, United States Code, is amended 

24 by adding at the end the following: 
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1 ‘‘(j) The Secretary may establish by regulation a safe2 ty management system appropriate for the characteristics, 

3 methods of operation, and nature of service of towing ves4 sels.’’. 

5 SEC. 208. WESTLAKE CHEMICAL BARGE DOCUMENTATION. 

6 Notwithstanding section 27 of the Merchant Marine 

7 Act, 1920 (46 App. U.S.C. 883) and section 12106 of title 

8 46, United States Code, the Secretary of the department 

9 in which the Coast Guard is operating may issue a certifi10 cate of documentation with appropriate endorsement for 

11 employment in the coastwise trade for each of the fol12 lowing vessels: 

13 (1) Barge WCAO–101 (United States official 

14 number 506677). 

15 (2) Barge WCAO–102 (United States official 

16 number 506851). 

17 (3) Barge WCAO–103 (United States official 

18 number 506852). 

19 (4) Barge WCAO–104 (United States official 

20 number 507172). 

21 (5) Barge WCAO–105 (United States official 

22 number 507173). 

23 (6) Barge WCAO–106 (United States official 

24 number 620514). 
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1 (7) Barge WCAO–107 (United States official 

2 number 620515). 

3 (8) Barge WCAO–108 (United States official 

4 number 620516). 

5 (9) Barge WCAO–3002 (United States official 

6 number 295147). 

7 (10) Barge WCAO–3004 (United States official 

8 number 517396). 

9 SEC. 209. CONVEYANCES. 

10 (a) IN GENERAL.—The Commandant of the Coast 

11 Guard shall convey all right, title, and interest of the 

12 United States in and to each of the vessels described in 

13 subsection (b) to the recipient listed in subsection (b) with 

14 respect to that vessel, without consideration, if the recipi15 ent complies with the conditions under subsection (c). 

16 (b) VESSEL DESCRIBED.—The vessels and recipients 

17 referred to in subsection (a) are the following: 

18 (1) The Coast Guard 44-foot Motor Life Boat 

19 Vessel #44345 formally assigned to the Group 

20 Grand Haven Command, to the city of Ludington, 

21 Michigan. 

22 (2) One decommissioned ‘‘Balsam Class’’ 180-

23 foot Coast Guard vessel (whether decommissioned 

24 before or after the date of enactment of this Act) to 
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1 CAS Foundation, Inc. (a nonprofit corporation 

2 under the laws of the State of Indiana). 

3 (c) CONDITIONS.—As a condition of any conveyance 

4 of a vessel under subsection (a), the Commandant shall 

5 require the recipient to—

6 (1) agree—

7 (A) to use the vessel for purposes of edu8 cation and historical display; 

9 (B) not to use the vessel for commercial 

10 transportation purposes; 

11 (C) to make the vessel available to the 

12 United States Government if needed for use by 

13 the Commandant in time of war or a national 

14 emergency; and 

15 (D) to hold the Government harmless for 

16 any claims arising from exposure to hazardous 

17 materials, including asbestos and poly18 chlorinated biphenyls (PCBs), after conveyance 

19 of the vessel, except for claims arising from use 

20 of the vessel by the Government under subpara21 graph (C); 

22 (2) have funds available that will be committed 

23 to operate and maintain the vessel conveyed in good 

24 working condition, in the form of cash, liquid assets, 

25 or a written loan commitment; and 
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1 (3) agree to any other conditions the Com2 mandant considers appropriate. 

3 (d) MAINTENANCE AND DELIVERY OF VESSEL.—

4 Prior to conveyance of a vessel under this section, the 

5 Commandant shall, to the extent practical, and subject to 

6 other Coast Guard mission requirements, make every ef7 fort to maintain the integrity of the vessel and its equip8 ment until the time of delivery. The Commandant shall 

9 deliver a vessel conveyed under this section at the place 

10 where the vessel is located, in its present condition, and 

11 without cost to the Government. The conveyance of a ves12 sel under this section shall not be considered a distribution 

13 in commerce for purposes of section 6(e) of Public Law 

14 94–469 (15 U.S.C. 2605(e)). 

15 (e) OTHER EXCESS EQUIPMENT.—The Commandant 

16 may convey to the recipient of a vessel under this section 

17 any excess equipment or parts from other decommissioned 

18 Coast Guard vessels for use to enhance the vessel’s oper19 ability and function as an historical display. 

20 SEC. 210. AUTHORITY TO SETTLE. 

21 Section 1015 of the Oil Pollution Act of 1990 (33 

22 U.S.C. 2715) is amended by adding at the end the fol23 lowing: 

24 ‘‘(d) AUTHORITY TO SETTLE.—The head of any de25 partment or agency responsible for recovering amounts for 
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1 which a person is liable under this title may consider, com2 promise, and settle a claim for such amounts, including 

3 such costs paid from the Fund, if the claim has not been 

4 referred to the Attorney General. In any case in which 

5 the total amount to be recovered may exceed $500,000 

6 (excluding interest), a claim may be compromised and set7 tled under the preceding sentence only with the prior writ8 ten approval of the Attorney General.’’.

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