253 
the Convention is presumed to be in a safe condition unless there is signifi-
cant 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 writ-
ing— 
‘‘(A) the owner of the container; 
‘‘(B) the owner’s agent; or 
‘‘(C) if the identity of the owner is not apparent from the con-
tainer or shipping documents, the custodian. 
‘‘(2) INFORMATION TO INCLUDE.—The notification shall identify 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 con-
tainers and designs and to attach safety approval plates. 
‘‘(b) REGULATIONS.—Before making a delegation under this section, 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 
‘‘(3) the review the Secretary will conduct to decide whether the per-
son 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 inspection, on request, 
records the person is required to keep. 
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254 
‘‘(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 Sec-
retary 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 dele-
gated; 
‘‘(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 existence 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 discharged or dis-
criminated 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 com-
plaint. If the Secretary of Labor finds there has been a violation, the Sec-
retary of Labor may bring a civil action in an appropriate district court of 
the United States. The court has jurisdiction to restrain violations of sub-
section (a) and order appropriate relief, including reinstatement of the em-
ployee to the employee’s former position with back pay. 
‘‘(d) NOTICE TO COMPLAINANT.—Within 30 days after receiving a com-
plaint under this section, the Secretary of Labor shall notify the complain-
ant 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 con-
ference for amending the Convention as provided in article IX of the Con-
vention. 
‘‘(b) PROPOSALS BY OTHER COUNTRIES.—An amendment communicated 
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 
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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 concurrence of 
the Secretary of the department in which the Coast Guard is oper-
ating— 
‘‘(A) may propose amendments to the annexes to the Conven-
tion; 
‘‘(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 proposed 
amendment to an annex is approved by the United States, the amend-
ment shall enter into force as provided in article X of the Convention. 
If a proposed amendment is objected to, the Secretary of State prompt-
ly 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 reason-
able 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. 
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‘‘(3) REMISSION, MITIGATION, OR COMPROMISE.—The Secretary 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 fol-
lows: 
‘‘§ 109. Maritime Administration 
‘‘(a) ORGANIZATION.—The Maritime Administration is an administration 
in the Department of Transportation. 
‘‘(b) MARITIME ADMINISTRATOR.—The head of the Maritime Administra-
tion is the Maritime Administrator, who is appointed by the President by 
and with the advice and consent of the Senate. The Administrator shall re-
port directly to the Secretary of Transportation 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 com-
petitive service by the Secretary, after consultation with the Administrator. 
The Deputy Administrator shall carry out the duties prescribed by the Ad-
ministrator. The Deputy Administrator shall be Acting Administrator dur-
ing the absence or disability of the Administrator and, unless the Secretary 
designates another individual, during a vacancy in the office of Adminis-
trator. 
‘‘(d) DUTIES AND POWERS VESTED IN SECRETARY.—All duties and pow-
ers of the Maritime Administration are vested in the Secretary. 
‘‘(e) REGIONAL OFFICES.—The Maritime Administration shall have re-
gional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, 
and may have other regional offices as necessary. The Secretary shall ap-
point a qualified individual as Director of each regional office. The Sec-
retary shall carry out appropriate activities and programs of the Maritime 
Administration through the regional offices. 
‘‘(f) INTERAGENCY AND INDUSTRY RELATIONS.—The Secretary shall es-
tablish and maintain liaison with other agencies, and with representative 
trade organizations throughout the United States, concerned with the trans-
portation of commodities by water in the export and import foreign com-
merce 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 Sec-
retary in carrying out duties and powers relating to the Maritime Adminis-
tration, not more than five officers of the armed forces may be detailed to 
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