I 
109TH CONGRESS 
2D SESSION 
H. R. 5413 
To make improvements in the codification of title 46, United States Code. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2006 
Mr. SENSENBRENNER (for himself and Mr. CONYERS) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To make improvements in the codification of title 46, United 
States Code. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION. 1. PURPOSE. 
The purpose of this Act is to make improvements in 
the codification of title 46, United States Code, as enacted 
by H.R. 1442 (109th Congress), based on— 
(1) public comments submitted too late to be in-
corporated in the codification; and 
(2) amendments to laws, made after the cutoff 
date specified in section 18(a) of that bill, which 
were repealed and replaced by the codification. 
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SEC. 2. PERSONAL INJURY TO OR DEATH OF SEAMEN. 
Section 30104 of title 46, United States Code, is 
amended by striking subsections (a) and (b) and inserting 
the following: 
‘‘(a) CAUSE OF ACTION.—A seaman injured in the 
course of employment or, if the seaman dies from the in-
jury, the personal representative of the seaman may bring 
an action relying on the laws of the United States regu-
lating recovery for personal injury to, or death of, a rail-
way employee. Such an action may be maintained in admi-
ralty or, at the plaintiff’s election, as an action at law, 
with the right of trial by jury. 
‘‘(b) VENUE.—When the plaintiff elects to maintain an 
action at law, venue shall be in the judicial district in 
which the employer resides or the employer’s principal of-
fice is located.’’. 
SEC. 3. AMENDMENTS TO CHAPTER 537. 
(1) Section 53701 of title 46, United States Code, is 
amended by— 
(A) redesignating paragraphs (2)–(13) as para-
graphs (3)–(14), respectively; 
(B) inserting after paragraph (1) the following: 
‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ 
means the Administrator of the Maritime Adminis-
tration.’’; and 
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(C) amending paragraph (13) (as redesignated) to 
read as follows: 
‘‘(13) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Commerce with respect to fishing 
vessels and fishery facilities.’’. 
(2) Section 53706(c) of title 46, United States Code, 
is amended to read as follows: 
‘‘(c) PRIORITIES FOR CERTAIN VESSELS.— 
‘‘(1) VESSELS.—In guaranteeing or making a 
commitment to guarantee an obligation under this 
chapter, the Administrator shall give priority to— 
‘‘(A) a vessel that is otherwise eligible for a 
guarantee and is constructed with assistance 
under subtitle D of the Maritime Security Act 
of 2003 (46 U.S.C. 53101 note); and 
‘‘(B) after applying subparagraph (A), a ves-
sel that is otherwise eligible for a guarantee and 
that the Secretary of Defense determines— 
‘‘(i) is suitable for service as a naval 
auxiliary in time of war or national emer-
gency; and 
‘‘(ii) meets a shortfall in sealift capacity 
or capability. 
‘‘(2) TIME FOR DETERMINATION.—The Secretary 
of Defense shall determine whether a vessel satisfies 
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paragraph (1)(B) not later than 30 days after re-
ceipt of a request from the Administrator for such 
a determination.’’. 
(3) Section 53707 of title 46, United States Code, is 
amended in— 
(A) subsections (a) and (d), by inserting ‘‘or Ad-
ministrator’’ after ‘‘Secretary’’ each place it appears; 
(B) subsection (b), by striking ‘‘Secretary of 
Transportation’’ and inserting ‘‘Administrator’’; 
(C) subsection (c), by striking ‘‘of Commerce’’; 
and 
(D) subsection (d)(2), by— 
(i) inserting ‘‘if the Secretary or Adminis-
trator considers necessary,’’ before ‘‘the waiv-
er’’; and 
(ii) striking ‘‘the increased’’ and inserting 
‘‘any significant increase in’’. 
(4) Section 53708 of title 46, United States Code, is 
amended in— 
(A) subsection (a), by striking ‘‘Secretary’’ and 
‘‘Secretary of Transportation’’ each place they ap-
pear in the heading and in text and inserting ‘‘Ad-
ministrator’’; 
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(B) subsections (b) and (c), by striking ‘‘of Com-
merce’’ each place it appears in a heading and in 
text; 
(C) subsection (d), by— 
(i) inserting ‘‘or Administrator’’ after ‘‘Sec-
retary’’ the first place it appears; and 
(ii) striking ‘‘financial structures, or other 
risk factors identified by the Secretary. Any 
independent analysis conducted under this sub-
section shall be performed by a party chosen by 
the Secretary.’’ and inserting ‘‘or financial 
structures. A third party independent analysis 
conducted under this subsection shall be per-
formed by a private sector expert in assessing 
such risk factors who is selected by the Sec-
retary or Administrator.’’; and 
(D) subsection (e), by— 
(i) inserting ‘‘or Administrator’’ after ‘‘Sec-
retary’’ the first place it appears; and 
(ii) striking ‘‘financial structures, or other 
risk factors identified by the Secretary’’ and in-
serting ‘‘or financial structures’’. 
(5) Section 53712(b) of title 46, United States Code, 
is amended by striking the last sentence and inserting ‘‘If 
the Secretary or Administrator has waived a requirement 
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under section 53707(d) of this title, the loan agreement 
shall include requirements for additional payments, collat-
eral, or equity contributions to meet the waived require-
ment upon the occurrence of verifiable conditions indi-
cating that the obligor’s financial condition enables the ob-
ligor to meet the waived requirement.’’. 
(6) Subsections (c) and (d) of section 53717 of title 46, 
United States Code, are amended by striking ‘‘of Com-
merce’’ each place it appears in a heading and in text. 
(7) Section 53732(e)(2) of title 46, United States Code, 
is amended by inserting ‘‘of Defense’’ after ‘‘Secretary’’ 
the second time it appears. 
(8) The following provisions of title 46, United States 
Code, are amended by striking ‘‘Secretary’’ and ‘‘Sec-
retary of Transportation’’ and inserting ‘‘Administrator’’: 
(A) Section 53710(b)(2)(A)(i). 
(B) Section 53717(b) each place it appears in a 
heading and in text. 
(C) Section 53718. 
(D) Section 53731 each place it appears, except 
when ‘‘Secretary’’ is followed by ‘‘of Energy’’. 
(E) Section 53732 each place it appears, except 
when ‘‘Secretary’’ is followed by ‘‘of the Treasury’’, 
‘‘of State’’, or ‘‘of Defense’’. 
(F) Section 53733 each place it appears. 
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(9) Section 53710(b)(1) of title 46, United States Code, 
is amended by striking ‘‘Secretary’s’’ and inserting ‘‘Ad-
ministrator’s’’. 
(10) The following provisions of title 46, United States 
Code, are amended by inserting ‘‘or Administrator’’ after 
‘‘Secretary’’ each place it appears in headings and text, 
except when ‘‘Secretary’’ is followed by ‘‘of Transpor-
tation’’ or ‘‘of the Treasury’’: 
(A) The items relating to sections 53722 and 
53723 in the table of sections at the beginning of 
chapter 537. 
(B) Sections 53701(1), (4), and (9) (as redesig-
nated by paragraph (1)(A)), 53702(a), 53703, 
53704, 53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and 
(2)(A), and (d), 53710(a) and (c), 53711, 53712 
(except the last place it appears, as amended by 
paragraph (5)), 53713 to 53716, 53721 to 53725, 
and 53734. 
(11) Sections 53715(d)(1), 53716(d)(3), 53721(c), 
53722(a)(1) and (b)(1)(B), and 53724(b) of title 46, 
United States Code, are amended by inserting ‘‘or Admin-
istrator’s’’ after ‘‘Secretary’s’’. 
SEC. 4. MISCELLANEOUS AMENDMENTS. 
Title 46, United States Code, is amended as follows: 
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(1) Chapters 513 and 515 are amended by strik-
ing ‘‘Naval Reserve’’ each place it appears in anal-
yses, headings, and text and inserting ‘‘Navy Re-
serve’’. 
(2) Section 51504(f) is amended to read as fol-
lows: 
‘‘(f) FUEL COSTS.— 
‘‘(1) IN GENERAL.—Subject to the availability of 
appropriations, the Secretary shall pay to each State 
maritime academy the costs of fuel used by a vessel 
provided under this section while used for training. 
‘‘(2) MAXIMUM
AMOUNTS.—The amount of the 
payment to a State maritime academy under para-
graph (1) may not exceed— 
‘‘(A) $100,000 for fiscal year 2006; 
‘‘(B) $200,000 for fiscal year 2007; and 
‘‘(C) $300,000 for fiscal year 2008 and each 
fiscal year thereafter.’’ 
(3) Section 51505(b)(2)(B) is amended by strik-
ing ‘‘$200,000’’ and inserting ‘‘$300,000 for fiscal 
year 2006, $400,000 for fiscal year 2007, and 
$500,000 for fiscal year 2008 and each fiscal year 
thereafter’’. 
(4) Section 51701(a) is amended by inserting be-
fore the period at the end ‘‘and to perform functions 
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to assist the United States merchant marine, as de-
termined necessary by the Secretary’’. 
(5)(A) Section 51907 is amended to read as fol-
lows: 
‘‘§ 51907. Provision of decorations, medals, and re-
placements 
‘‘The Secretary of Transportation may provide— 
‘‘(1) the decorations and medals authorized by 
this chapter and replacements for those decorations 
and medals; and 
‘‘(2) replacements for decorations and medals 
issued under a prior law.’’. 
(B) In the table of sections of chapter 519, the 
item relating to section 51907 is amended to read 
as follows: 
‘‘51907.
Provision of decorations, medals, and replacements.’’. 
(6)(A) The following new chapter is inserted after 
chapter 539: 
‘‘CHAPTER 541—MISCELLANEOUS 
‘‘Sec. 
‘‘54101.
Assistance for small shipyards and maritime communities.’’. 
(B) Section 3506 of the National Defense Author-
ization Act for Fiscal Year 2006 (46 App. U.S.C. 
1249) is transferred to and redesignated as section 
54101 of title 46, United States Code, to appear at 
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the end of chapter 541 of title 46, as enacted by 
subparagraph (A). 
(C) The heading of section 54101 is amended to 
read as follows: 
‘‘§ 54101. Assistance for small shipyards and mari-
time communities’’. 
(D) The table of chapters at the beginning of sub-
title V is amended by inserting after the item relat-
ing to chapter 539 the following new item: 
‘‘541. Miscellaneous .............................................................................................
54101’’. 
(7) Section 55101(b) is amended by— 
(A) inserting ‘‘or’’ after the semicolon at the 
end of paragraph (2); 
(B) striking paragraph (3); and 
(C) redesignating paragraph (4) as para-
graph (3). 
(8) Section 60301 is amended in— 
(A) subsection (a), by striking ‘‘2 cents per 
ton (but not more than a total of 10 cents per 
ton per year)’’ and inserting ‘‘4.5 cents per ton, 
not to exceed a total of 22.5 cents per ton per 
year, for fiscal years 2006 through 2010, and 
2 cents per ton, not to exceed a total of 10 
cents per ton per year, for each fiscal year 
thereafter,’’; and 
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(B) subsection (b), by striking ‘‘6 cents per 
ton (but not more than a total of 30 cents per 
ton per year)’’ and inserting ‘‘13.5 cents per 
ton, not to exceed a total of 67.5 cents per ton 
per year, for fiscal years 2006 through 2010, 
and 6 cents per ton, not to exceed a total of 30 
cents per ton per year, for each fiscal year 
thereafter,’’. 
SEC. 5. REPEALS. 
The following provisions are repealed, except with re-
spect to rights and duties that matured, penalties that 
were incurred, or proceedings that were begun before the 
date of enactment of this Act: 
Statutes at Large 
Date 
Public Law 
Section 
Statutes at Large 
U.S. Code 
(46 App.) 
Vol-
ume 
Page 
1936 
June 29 
858 
1113 ..........................................................
........
........................
1279f 
1114 ..........................................................
........
........................
1279g 
2006 
Jan. 6 
109–163 
515(g)(2) ..................................................
119 
3236 ...............
1131, 1295b, 
1295c 
3502 ..........................................................
119 
3547 ...............
1295c 
3507(a)–(c)(3), (d) ...................................
119 
3555, 3557 ....
1271–1280, 
1280b 
3509 ..........................................................
119 
3557 ...............
1295e 
3510 ..........................................................
119 
3557 ...............
2004 
Feb. 8 
109–171 
4001 ..........................................................
120 
27 ...................
121, 132 
SEC. 6. EFFECTIVE DATE. 
This Act shall be effective only if H.R. 1442 in the 
109th Congress is enacted. If such bill is enacted, this Act 
shall be effective on the date of, and immediately after, 
enactment of such bill. 
Æ 
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