IB 

Union Calendar No. 476

108TH CONGRESS 

2D SESSION H. R. 4251

[Report No. 108–775] 

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 

NOVEMBER 16, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 30, 2004] 

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,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Maritime Transpor3 tation Amendments of 2004’’. 

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. 

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.

6 TITLE I—COAST GUARD 

7 SEC. 101. CONTINGENT EXPENSES. 

8 Section 476 of title 14, United States Code, is amend9 ed—

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

11 ‘‘$50,000’’; and 

12 (2) by striking the second sentence. 
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1 SEC. 102. MAXIMUM SERVICE IN ACTIVE STATUS FOR RE2 SERVE REAR ADMIRALS. 

3 Section 743 of title 14, United States Code, is amended 

4 by striking ‘‘combined service in the grades of rear admiral 

5 and rear admiral (lower half)’’ and inserting ‘‘of service 

6 after the appointment of the officer to rear admiral (lower 

7 half)’’. 

8 SEC. 103. CONFIDENTIAL INVESTIGATIVE EXPENSES. 

9 Section 658 of title 14, United States Code, is amended 

10 by striking ‘‘$15,000 per annum’’ and inserting ‘‘$45,000 

11 each fiscal year’’. 

12 SEC. 104. RENEWAL OF ADVISORY GROUPS. 

13 (a) COMMERCIAL FISHING INDUSTRY VESSEL SAFETY

14 ADVISORY COMMITTEE.—Section 4508(e)(1) of title 46, 

15 United States Code, is amended by striking ‘‘on September 

16 30, 2005’’ and inserting ‘‘on September 30, 2010’’. 

17 (b) HOUSTON-GALVESTON NAVIGATION SAFETY ADVI18 SORY COMMITTEE.—Section 18 of the Coast Guard Author19 ization Act of 1991 (Public Law 102–241; 105 Stat. 2213) 

20 is amended—

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

22 inserting ‘‘19’’; 

23 (2) by adding at the end of subsection (b) the fol24 lowing: 

25 ‘‘(12) One member representing recreational 

26 boating interests.’’; and 
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1 (3) in subsection (h) by striking ‘‘September 30, 

2 2005’’ and inserting ‘‘September 30, 2010’’. 

3 (c) LOWER MISSISSIPPI RIVER WATERWAY SAFETY

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

5 Authorization Act of 1991 (Public Law 102–241) is amend6 ed by striking ‘‘September 30, 2005’’ and inserting ‘‘Sep7 tember 30, 2010’’. 

8 (d) GREAT LAKES PILOTAGE ADVISORY COM9 MITTEE.—Section 9307(f)(1) of title 46, United States 

10 Code, is amended by striking ‘‘September 30, 2005’’ and 

11 inserting ‘‘September 30, 2010’’. 

12 (e) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 

13 5(d) of the Inland Navigational Rules Act of 1980 (33 

14 U.S.C. 2073(d)) is amended by striking ‘‘September 30, 

15 2005’’ and inserting ‘‘September 30, 2010’’. 

16 (f) NATIONAL BOATING SAFETY ADVISORY COUNCIL.—

17 Section 13110(e) of title 46, United States Code, is amended 

18 by striking ‘‘September 30, 2005’’ and inserting ‘‘September 

19 30, 2010’’. 

20 (g) TOWING SAFETY ADVISORY COMMITTEE.—Public 

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

22 (e) by striking ‘‘September 30, 2005’’ and inserting ‘‘Sep23 tember 30, 2010’’. 
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1 SEC. 105. RESTRICTION ON PROCUREMENT OF RESPONSE 

2 BOAT-MEDIUM VESSELS WITH FOREIGN MAN3 UFACTURED ENGINES. 

4 (a) IN GENERAL.—Except as provided in subsection 

5 (b), the Coast Guard may not procure a Response Boat6 Medium vessel if—

7 (1) the engine is not manufactured in the United 

8 States; or 

9 (2) substantially all of the components of the en10 gine are not produced or manufactured in the United 

11 States. 

12 (b) EXCEPTION.—The Coast Guard may procure a ves13 sel having an engine that does not comply with subsection 

14 (a) if the Secretary of the department in which the Coast 

15 Guard is operating determines that—

16 (1) the price of a vessel with an engine that com17 plies with subsection (a) is unreasonable; or 

18 (2) emergency circumstances exist. 

19 TITLE II—MARINE SAFETY AND 

20 ENVIRONMENTAL PROTECTION 

21 SEC. 201. ENFORCEMENT. 

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

23 States Code, is amended by adding at the end the following:
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1 ‘‘§ 70118. Firearms, arrests, and seizure of property 

2 ‘‘Subject to guidelines approved by the Secretary, 

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

4 official duties—

5 ‘‘(1) carry a firearm; and 

6 ‘‘(2) while at a facility—

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

8 any offense against the United States committed 

9 in their presence; and 

10 ‘‘(B) seize property as otherwise provided 

11 by law. 

12 ‘‘§ 70119. Enforcement by State and local officers 

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

14 law enforcement officer who has authority to enforce State 

15 criminal laws may make an arrest for violation of a secu16 rity zone regulation under section 1 of title II of the Act 

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

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

19 Waterways Safety Act (33 U.S.C. 1226(b)) prescribed by 

20 a Coast Guard official authorized by law to prescribe such 

21 regulations, if—

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

23 ‘‘(2) the officer has reasonable grounds to believe 

24 that the person to be arrested has committed or is 

25 committing such violation. 
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1 ‘‘(b) OTHER POWERS NOT AFFECTED.—The provisions 

2 of this section are in addition to any power conferred by 

3 law to such officers. This section shall not be construed as 

4 a limitation of any power conferred by law to such officers, 

5 or any other officer of the United States or any State. This 

6 section does not grant to such officers any powers not au7 thorized by the law of the State in which those officers are 

8 employed.’’. 

9 (b) CLERICAL AMENDMENT.—The chapter analysis at 

10 the beginning of chapter 701 of title 46, United States Code, 

11 is amended by adding at the end the following:

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

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

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

13 (a) MARITIME TRANSPORTATION SECURITY ACT.—

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

15 United States Code, is amended—

16 (A) by striking the section heading and in17 serting the following: 

18 ‘‘§ 70117. Penalties’’; 

19 (B) by inserting ‘‘(a) IN GENERAL.—’’ be20 fore ‘‘Any’’; and 

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

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

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

24 this chapter, shall be liable in rem for any civil penalty 
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1 assessed pursuant to subsection (a) and may be proceeded 

2 against in the United States district court for any district 

3 in which such vessel may be found. 

4 ‘‘(c) WITHHOLDING OF CLEARANCE.—

5 ‘‘(1) IN GENERAL.—If any owner, agent, master, 

6 officer, or person in charge of a vessel is liable for a 

7 penalty or fine under subsection (a), or if reasonable 

8 cause exists to believe that the owner, agent, master, 

9 officer, or person in charge may be subject to a pen10 alty or fine under subsection (a), the Secretary may, 

11 with respect to such vessel, refuse or revoke any clear12 ance required by section 4197 of the Revised Statutes 

13 of the United States (46 U.S.C. App. 91). 

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

15 OTHER SURETY.—The Secretary may require the fil16 ing of a bond or other surety as a condition of grant17 ing clearance refused or revoked under this sub18 section.’’. 

19 (2) CONFORMING AMENDMENT.—The chapter 

20 analysis for chapter 701 of title 46, United States 

21 Code, is amended by revising the item relating to sec22 tion 70117 to read as follows:

‘‘70117. Penalties.’’.

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

24 of June 15, 1917 (chapter 30; 50 U.S.C. 192), is amended—
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1 (1) in subsection (c) by striking ‘‘Act’’ each time 

2 it appears and inserting ‘‘title’’; and 

3 (2) by inserting at the end the following: 

4 ‘‘(d) IN REM LIABILITY.—Any vessel that is used in 

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

6 title, shall be liable in rem for any civil penalty assessed 

7 pursuant to subsection (c) and may be proceeded against 

8 in the United States district court for any district in which 

9 such vessel may be found. 

10 ‘‘(e) WITHHOLDING OF CLEARANCE.—

11 ‘‘(1) IN GENERAL.—If any owner, agent, master, 

12 officer, or person in charge of a vessel is liable for a 

13 penalty or fine under subsection (c), or if reasonable 

14 cause exists to believe that the owner, agent, master, 

15 officer, or person in charge may be subject to a pen16 alty or fine under this section, the Secretary may, 

17 with respect to such vessel, refuse or revoke any clear18 ance required by section 4197 of the Revised Statutes 

19 of the United States (46 U.S.C. App. 91). 

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

21 OTHER SURETY.—The Secretary may require the fil22 ing of a bond or other surety as a condition of grant23 ing clearance refused or revoked under this sub24 section.’’.
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1 SEC. 203. DELEGATION OF PORT SECURITY AUTHORITY. 

2 The undesignated text following paragraph (b) of the 

3 second unnumbered paragraph of section 1 of title II of the 

4 Act of June 15, 1917 (chapter 30; 40 Stat. 220; 50 U.S.C. 

5 191) is amended by adding at the beginning the following: 

6 ‘‘The President may delegate the authority to issue such 

7 rules and regulations to the Secretary of the department 

8 in which the Coast Guard is operating.’’. 

9 SEC. 204. NOTIFICATION OF DEFICIENCIES. 

10 (a) CORRECTION OF DEFICIENCIES.—Section 

11 3313(b)(1) of title 46, United States Code, is amended by 

12 striking ‘‘be ordered in writing to correct the noted defi13 ciencies promptly’’ and inserting ‘‘promptly correct any de14 ficiencies’’. 

15 (b) NOTIFICATION TO VESSEL.—

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

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

18 ‘‘§ 3712. Notification of deficiencies 

19 ‘‘The Secretary shall notify the owner, charterer, man20 aging operator, agent, master, or individual in charge of 

21 a vessel of deficiencies found during any inspection or ex22 amination under this chapter.’’. 

23 (2) CLERICAL AMENDMENT.—The chapter anal24 ysis for chapter 37 of title 46, United States Code, is 
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1 amended by striking the item related to section 3712 

2 and inserting the following:

‘‘3712. Notification of deficiencies.’’.

3 SEC. 205. DRUG TESTING REPORTING. 

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

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

6 ‘‘§ 7706. Drug testing reporting 

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

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

9 Medical Review Officer a report of a verified positive drug 

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

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

12 or an officer in the National Oceanic and Atmospheric Ad13 ministration Commissioned Officer Corps, who is employed 

14 in any capacity on board a vessel operated by the agency, 

15 the head of the agency shall release to the Commandant of 

16 the Coast Guard the report. 

17 ‘‘(b) STANDARDS, PROCEDURES, AND REGULATIONS.—

18 The head of a Federal agency shall carry out a release under 

19 subsection (a) in accordance with the standards, procedures, 

20 and regulations applicable to the disclosure and reporting 

21 to the Coast Guard of drug tests results and drug test 

22 records of individuals employed on vessels documented 

23 under the laws of the United States. 

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

25 Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 
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1 note), the report of a drug test of an employee may be re2 leased under this section without the prior written consent 

3 of the employee.’’. 

4 (b) CONFORMING AMENDMENT.—The chapter analysis 

5 for chapter 77 of title 46, United States Code, is amended 

6 by adding at the end the following:

‘‘7706. Drug testing reporting.’’.

7 SEC. 206. JUDICIAL REVIEW OF NATIONAL TRANSPOR8 TATION SAFETY BOARD FINAL ORDERS. 

9 Section 1153 of title 49, United States Code, is amend10 ed by adding at the end the following: 

11 ‘‘(d) COMMANDANT SEEKING JUDICIAL REVIEW OF

12 MARITIME MATTERS.—If the Commandant of the Coast 

13 Guard decides that an order of the Board issued pursuant 

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

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

16 or security, the Commandant may obtain judicial review 

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

18 official capacity of the Commandant, shall be a party to 

19 the judicial review proceedings.’’. 

20 SEC. 207. INSPECTION OF TOWING VESSELS. 

21 (a) VESSELS SUBJECT TO INSPECTION.—Section 3301 

22 of title 46, United States Code, is amended by adding at 

23 the end the following: 

24 ‘‘(15) towing vessels.’’. 
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1 (b) SAFETY MANAGEMENT SYSTEM.—Section 3306 of 

2 chapter 33 of title 46, United States Code, is amended by 

3 adding at the end the following: 

4 ‘‘(j) The Secretary may establish by regulation a safety 

5 management system appropriate for the characteristics, 

6 methods of operation, and nature of service of towing ves7 sels.’’. 

8 SEC. 208. WESTLAKE CHEMICAL BARGE DOCUMENTATION. 

9 Notwithstanding section 27 of the Merchant Marine 

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

11 46, United States Code, the Secretary of the department in 

12 which the Coast Guard is operating may issue a certificate 

13 of documentation with appropriate endorsement for em14 ployment in the coastwise trade for each of the following 

15 vessels: 

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

17 number 506677). 

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

19 number 506851). 

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

21 number 506852). 

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

23 number 507172). 

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

25 number 507173).
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1 (6) Barge WCAO–106 (United States official 

2 number 620514). 

3 (7) Barge WCAO–107 (United States official 

4 number 620515). 

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

6 number 620516). 

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

8 number 295147). 

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

10 number 517396). 

11 SEC. 209. CONVEYANCES. 

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

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

14 United States in and to each of the vessels described in sub15 section (b) to the recipient listed in subsection (b) with re16 spect to that vessel, without consideration, if the recipient 

17 complies with the conditions under subsection (c). 

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

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

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

21 Vessel #44345 formally assigned to the Group Grand 

22 Haven Command, to the city of Ludington, Michigan. 

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

24 foot Coast Guard vessel (whether decommissioned be25 fore or after the date of enactment of this Act) to CAS 
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1 Foundation, Inc. (a nonprofit corporation under the 

2 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 re5 quire 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.—Prior 

4 to conveyance of a vessel under this section, the Com5 mandant shall, to the extent practical, and subject to other 

6 Coast Guard mission requirements, make every effort to 

7 maintain the integrity of the vessel and its equipment until 

8 the time of delivery. The Commandant shall deliver a vessel 

9 conveyed under this section at the place where the vessel 

10 is located, in its present condition, and without cost to the 

11 Government. The conveyance of a vessel under this section 

12 shall not be considered a distribution in commerce for pur13 poses of section 6(e) of Public Law 94–469 (15 U.S.C. 

14 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 following: 

23 ‘‘(d) AUTHORITY TO SETTLE.—The head of any de24 partment or agency responsible for recovering amounts for 

25 which a person is liable under this title may consider, com-
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1 promise, and settle a claim for such amounts, including 

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

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

4 total amount to be recovered may exceed $500,000 (exclud5 ing interest), a claim may be compromised and settled 

6 under the preceding sentence only with the prior written 

7 approval of the Attorney General.’’. 

8 SEC. 211. POTABLE WATER. 

9 Section 3305(a) of title 46, United States Code, is 

10 amended—

11 (1) by redesignating paragraphs (4) and (5) in 

12 order as paragraphs (5) and (6); and 

13 (2) by inserting after paragraph (3) the fol14 lowing: 

15 ‘‘(4) has an adequate supply of potable water for 

16 drinking and washing by the passengers and crew;’’. 

17 SEC. 212. INTERIM AUTHORITY FOR DRY BULK CARGO RES18 IDUE DISPOSAL. 

19 (a) EXTENSION OF INTERIM AUTHORITY.—The Sec20 retary of the department in which the Coast Guard is oper21 ating shall continue to implement and enforce the notice 

22 to mariners entitled ‘‘2004 Enforcement Policy for Cargo 

23 Residues on the Great Lakes’’ in accordance with such no24 tice until the earlier of—
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1 (1) the date regulations are promulgated under 

2 subsection (b) for the regulation of incidental dis3 charges from vessels of dry bulk cargo residue into the 

4 waters of the Great Lakes under the jurisdiction of the 

5 United States; or 

6 (2) September 30, 2006. 

7 (b) PERMANENT AUTHORITY.—The Commandant of 

8 the Coast Guard may promulgate regulations governing the 

9 discharge of dry bulk cargo residue on the Great Lakes.

Union Calendar No. 476

108TH CONGRESS 

2D SESSION H. R. 4251

[Report No. 108–775] 

A BILL

To amend various laws relating to maritime 

transportation, and for other purposes. 

NOVEMBER 16, 2004

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,