H. R. 1442—207
‘‘§ 80104. Salvaging operations by foreign vessels 
‘‘(a) PROHIBITION.—Except as provided in this section or section 
80105 of this title, a foreign vessel may not, under penalty of 
forfeiture, engage in salvaging operations on the Atlantic or Pacific 
coast of the United States, in any portion of the Great Lakes 
or their connecting or tributary waters, including any portion of 
the Saint Lawrence River through which the international boundary 
line extends, or in territorial waters of the United States on the 
Gulf of Mexico. 
‘‘(b) WHEN SUITABLE VESSEL NOT AVAILABLE.—The Secretary 
of Homeland Security may authorize a foreign vessel to engage 
in salvaging operations in a particular locality if, on investigation, 
the Secretary is satisfied that there is not available in that locality 
a suitable vessel that is—
‘‘(1) owned only by citizens of the United States (including 
a Bowaters corporation under section 12118 of this title); and 
‘‘(2) documented under chapter 121 of this title or numbered 
under chapter 123 of this title. 
‘‘(c) OPERATIONS AUTHORIZED BY TREATY.—This section does 
not prohibit or restrict assistance to vessels or salvaging operations 
authorized by treaty, including—
‘‘(1) article II of the Treaty between the United States 
and Great Britain concerning reciprocal rights for United States 
and Canada in the conveyance of prisoners and wrecking and 
salvage, signed at Washington, May 18, 1908 (35 Stat. 2036); 
or 
‘‘(2) the Treaty between the United States of America and 
Mexico to facilitate assistance to and salvage of vessels in 
territorial waters, signed at Mexico City, June 13, 1935 (49 
Stat. 3359). 
‘‘§ 80105. Canadian vessels aiding vessels in United States 
waters 
‘‘(a) IN GENERAL.—Canadian vessels and wrecking equipment 
may give aid to Canadian or other vessels and property wrecked, 
disabled, or in distress in the waters of the United States contiguous 
to Canada, including—
‘‘(1) the canal and improvement of the waters between 
Lake Erie and Lake Huron; and 
‘‘(2) the Saint Marys River and canal. 
‘‘(b) RECIPROCITY.—This section does not apply after the Presi-
dent proclaims that privileges reciprocal to those under subsection 
(a) have been withdrawn or rendered inoperative by the Government 
of Canada. 
‘‘§ 80106. International agreement on derelicts 
‘‘The President may make an international agreement with 
other governments interested in the navigation of the North Atlantic 
Ocean, providing for the reporting, marking, and removal of dan-
gerous wrecks, derelicts, and other menaces to navigation outside 
the coast waters of the countries bordering the North Atlantic 
Ocean. 
‘‘§ 80107. Salvors of life to share in remuneration 
‘‘(a) ENTITLEMENT OF SALVORS.—A salvor of human life, who 
gave aid following an accident giving rise to salvage, is entitled 
to a fair share of the payment awarded to the salvor for salvaging
H. R. 1442—208
the vessel or other property or preventing or minimizing damage 
to the environment. 
‘‘(b) COMMON OWNERSHIP OF VESSELS.—The right to remunera-
tion for aid or salvage services is not affected by common ownership 
of the vessels giving and receiving the aid or salvage services. 
‘‘(c) TIME LIMIT ON BRINGING ACTIONS.—A civil action to recover 
remuneration for giving aid or salvage services must be brought 
within 2 years after the date the aid or salvage services were 
given, unless the court in which the action is brought is satisfied 
that during that 2-year period there had not been a reasonable 
opportunity to seize the aided or salvaged vessel within the jurisdic-
tion of the court or within the territorial waters of the country 
of the plaintiff’s residence or principal place of business. 
‘‘(d) NONAPPLICATION.—This section does not apply to a vessel 
of war or a vessel owned by the United States Government appro-
priated only to a public service.
‘‘CHAPTER 803—ICE AND DERELICTS
‘‘Sec. 
‘‘80301.
International agreements. 
‘‘80302.
Patrol services. 
‘‘80303.
Speed of vessel in ice region.
‘‘§ 80301. International agreements 
‘‘(a) GENERAL AUTHORITY.—The President may make agree-
ments with interested maritime countries to—
‘‘(1) maintain in the North Atlantic Ocean a service of 
ice patrol, of study and observation of ice and current condi-
tions, and of assistance to vessels and their crews requiring 
assistance within the limits of the patrol; 
‘‘(2) maintain a service of study and observation of ice 
and current conditions in the waters affecting the set and 
drift of ice in the North Atlantic Ocean; and 
‘‘(3) take all practicable steps to ensure the destruction 
or removal of derelicts in the northern part of the Atlantic 
Ocean, east of the line drawn from Cape Sable to a point 
in latitude 34 degrees north, longitude 70 degrees west, if 
the destruction or removal is necessary. 
‘‘(b) PAYMENT
BETWEEN
COUNTRIES.—The President may 
include in an agreement under subsection (a) a provision for—
‘‘(1) payment to the United States Government by other 
countries for their proportionate share of the expense of 
maintaining the services; or 
‘‘(2) contribution by the Government for its proportionate 
share if the agreement provides for another country to maintain 
the services. 
‘‘§ 80302. Patrol services 
‘‘(a) GENERAL REQUIREMENTS.—Unless the agreements made 
under section 80301 of this title provide otherwise, an ice patrol 
shall be maintained during the entire ice season in guarding the 
southeastern, southern, and southwestern limits of the region of 
icebergs in the vicinity of the Grand Banks of Newfoundland. The 
patrol shall inform trans-Atlantic and other passing vessels by 
radio and other available means of the ice conditions and the 
extent of the dangerous region. During the ice season, there shall 
be maintained a service of study of ice and current conditions,
H. R. 1442—209
a service of providing assistance to vessels and crews requiring 
assistance, and a service of removing and destroying derelicts. 
Any of these services may be maintained during the remainder 
of the year as may be advisable. 
‘‘(b) WARNINGS TO VESSELS.—An ice patrol vessel shall warn 
any vessel known to be approaching a dangerous area and rec-
ommend safe routes. 
‘‘(c) RECORDING AND REPORTING INCIDENTS.—
‘‘(1) RECORDING.—An ice patrol vessel shall record the name 
of a vessel and the facts of the case when the patrol observes 
or knows that the vessel—
‘‘(A) is on other than a regular recognized or advertised 
route crossing the North Atlantic Ocean; 
‘‘(B) has crossed the fishing banks of Newfoundland 
north of latitude 43 degrees north during the fishing sea-
son; or 
‘‘(C) has passed through regions known or believed 
to be endangered by ice when proceeding to and from 
ports of North America. 
‘‘(2) REPORTING.—The name of the vessel and all pertinent 
information about the incident shall be reported to the govern-
ment of the country to which the vessel belongs if that govern-
ment requests. 
‘‘(d) ADMINISTRATION.—The Commandant of the Coast Guard, 
under the direction of the Secretary of the department in which 
the Coast Guard is operating, shall carry out the services provided 
for in this section and shall assign necessary vessels, material, 
and personnel of the Coast Guard. On request of such Secretary, 
the head of an agency may detail personnel, lend or contribute 
material or equipment, or otherwise assist in carrying out the 
services provided for in this section. 
‘‘(e) ANNUAL REPORT.—The Commandant shall publish an 
annual report of the activities of the services provided for in this 
section. A copy of the report shall be provided to each interested 
foreign government and to each agency assisting in the work. 
‘‘§ 80303. Speed of vessel in ice region 
‘‘(a) REQUIREMENT.—The master of a vessel of the United 
States, when ice is reported on or near the vessel’s course, shall 
proceed at a moderate speed or change the course of the vessel 
to go well clear of the danger zone. 
‘‘(b) CIVIL PENALTY.—A master violating this section is liable 
to the United States Government for a civil penalty of not more 
than $500.
‘‘CHAPTER 805—SAFE CONTAINERS FOR 
INTERNATIONAL CARGO
‘‘Sec. 
‘‘80501.
Definitions. 
‘‘80502.
Application of Convention. 
‘‘80503.
General authority of the Secretary. 
‘‘80504.
Approval and examination. 
‘‘80505.
Enforcement. 
‘‘80506.
Delegation of authority. 
‘‘80507.
Employee protection. 
‘‘80508.
Amendments to Convention. 
‘‘80509.
Civil penalty.
H. R. 1442—210
‘‘§ 80501. Definitions 
‘‘In this chapter: 
‘‘(1) CONTAINER.—The term ‘container’ has the meaning 
given that term in the Convention. 
‘‘(2) CONVENTION.—The term ‘Convention’ means the Inter-
national Convention for Safe Containers, and its annexes, done 
at Geneva, Switzerland, December 2, 1972. 
‘‘(3) INTERNATIONAL TRANSPORT.—The term ‘international 
transport’ means the transportation of a container between—
‘‘(A) a place in a foreign country and a place in the 
jurisdiction of the United States; or 
‘‘(B) two places outside the United States by United 
States carriers. 
‘‘(4) OWNER.—The term ‘owner’ includes the lessee or bailee 
of a container if a written lease or bailment provides for the 
lessee or bailee to exercise the owner’s responsibility for 
maintaining and examining the container. 
‘‘(5) SAFETY APPROVAL PLATE.—The term ‘safety approval 
plate’ has the meaning given that term in annex I of the 
Convention. 
‘‘§ 80502. Application of Convention 
‘‘The Convention applies to an owner of a container used in 
international transport if the owner is domiciled or has its principal 
office in the United States. 
‘‘§ 80503. General authority of the Secretary 
‘‘(a) IN GENERAL.—The Secretary of the department in which 
the Coast Guard is operating shall carry out the Convention and 
this chapter in the United States. 
‘‘(b) REGULATIONS.—The Secretary shall prescribe regulations 
to carry out this chapter. The regulations shall—
‘‘(1) establish procedures for testing, inspecting, and ini-
tially approving containers and designs for containers, including 
procedures for attaching, invalidating, and removing safety 
approval plates for containers; 
‘‘(2) establish procedures to be followed by the owners of 
containers for the periodic examination of containers as pro-
vided in the Convention; and 
‘‘(3) provide a method for developing, collecting, and 
disseminating information about container safety and the inter-
national transport of containers. 
‘‘(c) SAFETY APPROVAL PLATES.—If the owner of a container 
without a safety approval plate establishes that the container satis-
fies the standards of the Convention, the Secretary may authorize 
a safety approval plate to be attached to the container. 
‘‘(d) SCHEDULE
OF FEES.—The Secretary may prescribe a 
schedule of fees for services performed by the Secretary, or by 
a person delegated authority under section 80506 of this title, 
for the testing, inspection, and initial approval of containers and 
container designs. 
‘‘(e) ENCOURAGING INTERMODAL TRANSPORT.—To the maximum 
extent possible, the Secretary shall encourage the development 
and use of intermodal transport, using containers built to facilitate 
economical, safe, and expeditious handling of containerized cargo 
without intermediate reloading when it is being transported over 
land, air, and sea areas.
H. R. 1442—211
‘‘§ 80504. Approval and examination 
‘‘(a) DOMICILE
AND PRINCIPAL OFFICE
IN UNITED STATES.—
A container owner domiciled and having its principal office in 
the United States shall have the container—
‘‘(1) approved initially under procedures prescribed by the 
Secretary of the department in which the Coast Guard is oper-
ating or by the government of another country that is a party 
to the Convention; and 
‘‘(2) examined periodically as provided in the Convention 
under procedures prescribed by the Secretary. 
‘‘(b) DOMICILE
OR PRINCIPAL OFFICE
IN UNITED STATES.—A 
container owner domiciled or having its principal office in the 
United States shall have the container—
‘‘(1) approved initially under procedures prescribed by the 
Secretary or by the government of another country that is 
a party to the Convention; and 
‘‘(2) examined periodically as provided in the Convention, 
under procedures prescribed by the government of the country 
in which the owner is domiciled or has its principal office, 
as long as that country is a party to the Convention. 
‘‘(c) NEITHER DOMICILE NOR PRINCIPAL OFFICE
IN UNITED 
STATES.—A container owner neither domiciled nor having its prin-
cipal office in the United States or another country that is a 
party to the Convention may submit a container for initial approval 
and periodic examination under procedures prescribed by the Sec-
retary. 
‘‘§ 80505. Enforcement 
‘‘(a) IN GENERAL.—To enforce the Convention, this chapter, 
and regulations prescribed under this chapter, the Secretary of 
the department in which the Coast Guard is operating may—
‘‘(1) examine, or require to be examined, containers in 
international transport; 
‘‘(2) approve designs for containers; 
‘‘(3) inspect and test containers being manufactured; 
‘‘(4) issue a detention order removing or excluding a con-
tainer from service until the container owner satisfies the Sec-
retary that the container meets the standards of the Conven-
tion, if the container—
‘‘(A) does not have a safety approval plate attached 
to it; or 
‘‘(B) has a safety approval plate attached but there 
is significant evidence that the container is in a condition 
that creates an obvious risk to safety; 
‘‘(5) take other appropriate action, including issuing nec-
essary orders, to remove a container from service or restrict 
its use if the container is not in compliance with the Convention, 
this chapter, or regulations prescribed under this chapter, but 
does not present an obvious risk to safety; and 
‘‘(6) allow a container found to be unsafe or without a 
safety approval plate to be moved to another location for repair 
or other disposition, under restrictions consistent with the 
intent of the Convention. 
‘‘(b) PAYMENT OF EXPENSES.—
‘‘(1) EXAMINATION.—The owner of a container involved in 
an action by the Secretary under this section related to an
H. R. 1442—212
examination of the container shall pay or reimburse the Sec-
retary for the expenses arising from that action, except for 
the costs of routine examinations of the container or a safety 
approval plate. 
‘‘(2) TESTING, INSPECTION, AND
INITIAL
APPROVAL.—The 
owner of a container submitted to the procedure established 
by the Secretary for testing, inspection, and initial approval, 
and the manufacturer of a container that submits a design 
to the procedure established by the Secretary for testing, inspec-
tion, and initial approval, shall pay or reimburse the Secretary 
for the expenses arising from the testing, inspection, or 
approval. 
‘‘(3) CREDIT TO APPROPRIATION.—Amounts received by the 
Secretary as reimbursement shall be credited to the appropria-
tion for operating expenses of the Coast Guard. 
‘‘(c) PRESUMPTION BASED ON SAFETY APPROVAL PLATE.—A con-
tainer bearing a safety approval plate authorized by a country 
that is a party to the Convention is presumed to be in a safe 
condition unless there is significant evidence that the container 
is in a condition that creates an obvious risk to safety. 
‘‘(d) NOTICE OF ORDERS.—
‘‘(1) IN GENERAL.—When the Secretary issues a detention 
or other order under this section, the Secretary promptly shall 
notify in writing—
‘‘(A) the owner of the container; 
‘‘(B) the owner’s agent; or 
‘‘(C) if the identity of the owner is not apparent from 
the container or shipping documents, the custodian. 
‘‘(2) INFORMATION TO INCLUDE.—The notification shall iden-
tify the container involved, give the location of the container, 
and describe the condition or situation giving rise to the order. 
‘‘(e) DURATION OF ORDERS.—An order issued by the Secretary 
under this section remains in effect until—
‘‘(1) the Secretary declares the container to be in compliance 
with the standards of the Convention; or 
‘‘(2) the container is removed permanently from service. 
‘‘(f) NOTICE OF DEFECTIVE CONTAINER TO COUNTRY ISSUING 
SAFETY APPROVAL PLATE.—If the Secretary has reason to believe 
that a container bearing a safety approval plate issued by another 
country was defective at the time of approval, the Secretary shall 
notify that country. 
‘‘§ 80506. Delegation of authority 
‘‘(a) IN GENERAL.—The Secretary of the department in which 
the Coast Guard is operating may delegate to any person, including 
a public or private agency or nonprofit organization, authority to 
grant initial approval for containers and designs and to attach 
safety approval plates. 
‘‘(b) REGULATIONS.—Before making a delegation under this sec-
tion, the Secretary shall prescribe regulations establishing—
‘‘(1) criteria to be followed in selecting a person to whom 
authority is to be delegated; 
‘‘(2) a detailed description of the duties and powers to 
be carried out by the person to whom authority is delegated, 
including the records the person shall keep; and
H. R. 1442—213
‘‘(3) the review the Secretary will conduct to decide whether 
the person is carrying out the delegated duties and powers 
properly. 
‘‘(c) INSPECTION OF RECORDS.—A person delegated authority 
under this section shall make available to the Secretary for inspec-
tion, on request, records the person is required to keep. 
‘‘(d) PENALTIES
AND ORDERS.—A person delegated authority 
under this section may not—
‘‘(1) assess or collect, or attempt to assess or collect, a 
penalty for violation of the Convention, this chapter, or an 
order issued by the Secretary under this chapter; or 
‘‘(2) issue or attempt to issue a detention or other order. 
‘‘(e) PUBLICATION.—The Secretary shall publish in the Federal 
Register or other appropriate publication—
‘‘(1) the name and address of each person to whom authority 
is delegated; 
‘‘(2) the duties and powers delegated; and 
‘‘(3) the period of the delegation. 
‘‘(f) REVOCATION.—The Secretary may revoke a delegation of 
authority under this section at any time. 
‘‘§ 80507. Employee protection 
‘‘(a) PROHIBITION.—A person may not discharge or discriminate 
against an employee because the employee has reported the exist-
ence of an unsafe container or a violation of this chapter or a 
regulation prescribed under this chapter. 
‘‘(b) COMPLAINTS.—An employee alleging to have been dis-
charged or discriminated against in violation of subsection (a) may 
file a complaint with the Secretary of Labor. The complaint must 
be filed within 60 days after the violation. 
‘‘(c) ENFORCEMENT.—The Secretary of Labor may investigate 
the complaint. If the Secretary of Labor finds there has been a 
violation, the Secretary of Labor may bring a civil action in an 
appropriate district court of the United States. The court has juris-
diction to restrain violations of subsection (a) and order appropriate 
relief, including reinstatement of the employee to the employee’s 
former position with back pay. 
‘‘(d) NOTICE TO COMPLAINANT.—Within 30 days after receiving 
a complaint under this section, the Secretary of Labor shall notify 
the complainant of the intended action on the complaint. 
‘‘§ 80508. Amendments to Convention 
‘‘(a) PROPOSALS BY UNITED STATES.—The Secretary of State, 
with the concurrence of the Secretary of the department in which 
the Coast Guard is operating, may propose amendments to the 
Convention or request a conference for amending the Convention 
as provided in article IX of the Convention. 
‘‘(b) PROPOSALS BY OTHER COUNTRIES.—An amendment commu-
nicated to the United States under article IX(2) of the Convention 
may be accepted for the United States by the President, with 
the advice and consent of the Senate. The President may declare 
that the United States does not accept an amendment. 
‘‘(c) AMENDMENTS TO ANNEXES.—
‘‘(1) IN GENERAL.—The Secretary of State, with the concur-
rence of the Secretary of the department in which the Coast 
Guard is operating—
H. R. 1442—214
‘‘(A) may propose amendments to the annexes to the 
Convention; 
‘‘(B) may propose a conference for amending annexes 
to the Convention; and 
‘‘(C) shall consider and act on amendments to the 
annexes to the Convention adopted by the Maritime Safety 
Committee of the International Maritime Organization and 
communicated to the United States under article X(2) of 
the Convention. 
‘‘(2) ACTION FOLLOWING APPROVAL OR OBJECTION.—If a pro-
posed amendment to an annex is approved by the United States, 
the amendment shall enter into force as provided in article 
X of the Convention. If a proposed amendment is objected 
to, the Secretary of State promptly shall communicate the 
objection as provided in article X(3) of the Convention. 
‘‘(d) APPOINTMENT
OF ARBITRATOR.—The Secretary of State, 
with the concurrence of the Secretary of the department in which 
the Coast Guard is operating, shall appoint an arbitrator when 
one is required to resolve a dispute within the meaning of article 
XIII of the Convention. 
‘‘§ 80509. Civil penalty 
‘‘(a) IN GENERAL.—An owner, agent, or custodian who has been 
notified of an order issued under section 80505 of this title and 
fails to take reasonable and prompt action to prevent or stop a 
container subject to the order from being moved in violation of 
the order is liable to the United States Government for a civil 
penalty of not more than $5,000 for each container moved. Each 
day the container remains in service while the order is in effect 
is a separate violation. 
‘‘(b) ASSESSMENT AND COLLECTION.—
‘‘(1) IN GENERAL.—After notice and an opportunity for a 
hearing, the Secretary of the department in which the Coast 
Guard is operating shall assess and collect any penalty under 
this section. 
‘‘(2) FACTORS TO CONSIDER.—In determining the amount 
of the penalty, the Secretary shall consider the gravity of the 
violation, the hazards involved, and the record of the person 
charged with respect to violations of the Convention, this 
chapter, or regulations prescribed under this chapter. 
‘‘(3) REMISSION, MITIGATION, OR
COMPROMISE.—The Sec-
retary may remit, mitigate, or compromise a penalty under 
this section. 
‘‘(4) ENFORCEMENT.—If a person fails to pay a penalty 
under this section, the Secretary shall refer the matter to 
the Attorney General for collection in an appropriate district 
court of the United States.’’.
SEC. 12. MARITIME ADMINISTRATION. 
Section 109 of title 49, United States Code, is amended to 
read as follows: 
‘‘§ 109. Maritime Administration 
‘‘(a) ORGANIZATION.—The Maritime Administration is an 
administration in the Department of Transportation. 
‘‘(b) MARITIME ADMINISTRATOR.—The head of the Maritime 
Administration is the Maritime Administrator, who is appointed
H. R. 1442—215
by the President by and with the advice and consent of the Senate. 
The Administrator shall report directly to the Secretary of Transpor-
tation and carry out the duties prescribed by the Secretary. 
‘‘(c) 
DEPUTY
MARITIME
ADMINISTRATOR.—The 
Maritime 
Administration shall have a Deputy Maritime Administrator, who 
is appointed in the competitive service by the Secretary, after 
consultation with the Administrator. The Deputy Administrator 
shall carry out the duties prescribed by the Administrator. The 
Deputy Administrator shall be Acting Administrator during the 
absence or disability of the Administrator and, unless the Secretary 
designates another individual, during a vacancy in the office of 
Administrator. 
‘‘(d) DUTIES AND POWERS VESTED IN SECRETARY.—All duties 
and powers of the Maritime Administration are vested in the Sec-
retary. 
‘‘(e) REGIONAL OFFICES.—The Maritime Administration shall 
have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific 
port ranges, and may have other regional offices as necessary. 
The Secretary shall appoint a qualified individual as Director of 
each regional office. The Secretary shall carry out appropriate activi-
ties and programs of the Maritime Administration through the 
regional offices. 
‘‘(f) INTERAGENCY
AND INDUSTRY RELATIONS.—The Secretary 
shall establish and maintain liaison with other agencies, and with 
representative trade organizations throughout the United States, 
concerned with the transportation of commodities by water in the 
export and import foreign commerce of the United States, for the 
purpose of securing preference to vessels of the United States 
for the transportation of those commodities. 
‘‘(g) DETAILING OFFICERS FROM ARMED FORCES.—To assist the 
Secretary in carrying out duties and powers relating to the Maritime 
Administration, not more than five officers of the armed forces 
may be detailed to the Secretary at any one time, in addition 
to details authorized by any other law. During the period of a 
detail, the Secretary shall pay the officer an amount that, when 
added to the officer’s pay and allowances as an officer in the 
armed forces, makes the officer’s total pay and allowances equal 
to the amount that would be paid to an individual performing 
work the Secretary considers to be of similar importance, difficulty, 
and responsibility as that performed by the officer during the detail. 
‘‘(h) CONTRACTS AND AUDITS.—
‘‘(1) CONTRACTS.—In the same manner that a private cor-
poration may make a contract within the scope of its authority 
under its charter, the Secretary may make contracts for the 
United States Government and disburse amounts to—
‘‘(A) carry out the Secretary’s duties and powers under 
this section and subtitle V of title 46; and 
‘‘(B) protect, preserve, and improve collateral held by 
the Secretary to secure indebtedness. 
‘‘(2) AUDITS.—The financial transactions of the Secretary 
under paragraph (1) shall be audited by the Comptroller Gen-
eral. The Comptroller General shall allow credit for an expendi-
ture shown to be necessary because of the nature of the business 
activities authorized by this section or subtitle V of title 46. 
At least once a year, the Comptroller General shall report 
to Congress any departure by the Secretary from this section 
or subtitle V of title 46.