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‘‘§ 80508. Amendments to Convention
‘‘(a) PROPOSALS BY UNITED STATES GOVERNMENT.—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 communicated
to the United States Government under article IX(2) of the Convention may
be accepted for the Government by the President, with the advice and con-
sent of the Senate. The President may declare that the Government 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
operating—
‘‘(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
Government under article X(2) of the Convention.
‘‘(2) ACTION FOLLOWING APPROVAL OR OBJECTION.—If a proposed
amendment to an annex is approved by the Government, 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.
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‘‘(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 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. 11. 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.
255
‘‘(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
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 Sec-
retary 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 corporation
may make a contract within the scope of its authority under its char-
ter, the Secretary may make contracts for the United States Govern-
ment and disburse amounts to—
‘‘(A) carry out the Secretary’s duties and powers under this sec-
tion and subtitle V of title 46; and
‘‘(B) protect, preserve, and improve collateral held by the Sec-
retary to secure indebtedness.
‘‘(2) AUDITS.—The financial transactions of the Secretary under
paragraph (1) shall be audited by the Comptroller General. The Comp-
troller General shall allow credit for an expenditure shown to be nec-
essary because of the nature of the business activities authorized by
this section or subtitle V of title 46. At least once a year, the Comp-
troller General shall report to Congress any departure by the Secretary
from this section or subtitle V of title 46.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—Except as otherwise provided in this subsection,
there are authorized to be appropriated such amounts as may be nec-
essary to carry out the duties and powers of the Secretary relating to
the Maritime Administration.
‘‘(2) LIMITATIONS.—Only those amounts specifically authorized by
law may be appropriated for the use of the Maritime Administration
for—
‘‘(A) acquisition, construction, or reconstruction of vessels;
256
‘‘(B) construction-differential subsidies incident to the construc-
tion, reconstruction, or reconditioning of vessels;
‘‘(C) costs of national defense features;
‘‘(D) payments of obligations incurred for operating-differential
subsidies;
‘‘(E) expenses necessary for research and development activities,
including reimbursement of the Vessel Operations Revolving Fund
for losses resulting from expenses of experimental vessel oper-
ations;
‘‘(F) the Vessel Operations Revolving Fund;
‘‘(G) National Defense Reserve Fleet expenses;
‘‘(H) expenses necessary to carry out part B of subtitle V of
title 46; and
‘‘(I) other operations and training expenses related to the devel-
opment of waterborne transportation systems, the use of water-
borne transportation systems, and general administration.
‘‘(3) TRAINING VESSELS.—Amounts may not be appropriated for the
purchase or construction of training vessels for State maritime acad-
emies unless the Secretary has approved a plan for sharing training
vessels between State maritime academies.’’.
SEC. 12. AMENDMENTS RELATING TO MARITIME SECURITY ACT OF
2003.
(a) AMENDMENTS TO CHAPTER 531.—Chapter 531 of title 46, United
States Code, is amended as follows:
(1) In section 53102—
(A) in the headings of paragraphs (1), (2), and (4) of sub-
section (c), strike ‘‘SECTION 2’’ and substitute ‘‘SECTION 50501’’;
(B) in subsection (c)(1), (2)(A)(i) and (ii)(II) and (B), and
(4)(B), strike ‘‘section 2 of the Shipping Act, 1916 (46 U.S.C.
App. 802)’’ and substitute ‘‘section 50501 of this title’’;
(C) in subsection (d), strike ‘‘the first section of Public Law
81–891 (64 Stat. 1120; 46 U.S.C. App. note prec. 3)’’ and sub-
stitute ‘‘section 501 of this title’’; and
(D) in subsection (e)(1)—
(i) strike ‘‘a documented vessel (as that term is defined in
section 12101 of this title)’’ and substitute ‘‘documented
under chapter 121 of this title,’’; and
(ii) in clause (B), strike ‘‘a documented vessel (as defined
in that section)’’ and substitute ‘‘documented under chapter
121’’.
(2) In section 53103(c)—
257
(A) in the heading of paragraph (1)(C), strike ‘‘SECTION 2’’ and
substitute ‘‘SECTION 50501’’;
(B) in paragraphs (1)(A)(iii) and (C)(i) and (ii), strike ‘‘section
2 of the Shipping Act, 1916 (46 U.S.C. App. 802)’’ and substitute
‘‘section 50501 of this title’’;
(C) in paragraph (1)(B), strike ‘‘subparagraphs’’ and substitute
‘‘subparagraph’’; and
(D) in paragraph (3)(B), strike ‘‘agreement’’ and substitute
‘‘agreements’’.
(3) In section 53104—
(A) in subsection (c)(3)(B)(ii)(I) and (II), strike ‘‘section 2 of
the Shipping Act, 1916 (46 U.S.C. App. 802)’’ and substitute
‘‘section 50501 of this title’’;
(B) in subsection (e)(2), strike ‘‘section 9 of the Shipping Act,
1916 (46 U.S.C. App. 808)’’ and substitute ‘‘section 56101 of this
title’’; and
(C) in subsection (e)(3), strike ‘‘section 902 of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1242)’’ and ‘‘section 902 of
such Act’’ and substitute ‘‘chapter 563 of this title’’ and ‘‘chapter
563’’, respectively.
(4) In section 53105—
(A) in subsection (a)(1)(A), strike ‘‘section 12105’’ and sub-
stitute ‘‘section 12111’’; and
(B) in subsection (f), strike ‘‘approve’’ and substitute ‘‘ap-
proves’’.
(5) In section 53106—
(A) in subsection (d)(1), strike ‘‘section 2631 of title 10, United
States Code, the Act of March 26, 1934 (46 U.S.C. App. 1241–
1), section 901(a), 901(b), or 901b of the Merchant Marine Act,
1936 (46 U.S.C. App. 1241(a), 1241(b), or 1241f)’’ and sub-
stitute ‘‘section 55302(a), 55304, 55305, or 55314 of this title,
section 2631 of title 10’’;
(B) in subsection (d)(2), strike ‘‘section 901(a), 901(b), or 901b
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a),
1241(b), or 1241f),’’ and substitute ‘‘section 55302(a), 55305, or
55314 of this title’’; and
(C) in subsection (e)(2), strike ‘‘section 2(c) of the Shipping
Act, 1916 (46 U.S.C. App. 802(c))’’ and substitute ‘‘section
50501 of this title, applying the 75 percent ownership requirement
of that section’’.
(6) In section 53107(f)—
258
(A) strike ‘‘section 2631 of title 10, United States Code, the Act
of March 26, 1934 (46 U.S.C. App. 1241–1), section 901(a),
901(b), or 901b of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1241(a), 1241(b), or 1241f)’’ and substitute ‘‘section
55302(a), 55304, 55305, or 55314 of this title, section 2631 of
title 10’’; and
(B) strike ‘‘section 2631 of title 10, United States Code, the
Act of March 26, 1934 (46 U.S.C. App. 1241–1), and sections
901(a), 901(b), and 901b of the Merchant Marine Act, 1936 (46
U.S.C. App. 1241(a), 1241(b), and 1241b)’’ and substitute ‘‘sec-
tions 55302(a), 55304, 55305, and 55314 of this title and section
2631 of title 10’’; and
(7) In section 53108(b), strike ‘‘section 901(b)(1) of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1241(b)(1))’’ and substitute ‘‘sec-
tion 55305(a) of this title’’.
(b) OTHER CONFORMING AMENDMENTS.—
(1) SECTION 12111.—
(A) AMENDMENT.—Section 12111(c)(3) of title 46, United
States Code, as enacted by this Act, is amended by striking ‘‘sub-
title B of title VI of the Merchant Marine Act, 1936’’ and sub-
stituting ‘‘chapter 531 of this title’’.
(B) EFFECTIVE DATE.—The amendment made by subpara-
graph (A) is effective the date of enactment of this Act, or the
effective date of section 3534(b)(1) of the Maritime Security Act
of 2003 (117 Stat. 1818), whichever is later.
(2) REPEAL.—If this Act takes effect before the amendment made
by section 3534(b)(1) of the Maritime Security Act of 2003 (Public
Law 108–136, 117 Stat. 1818), such section 3534(b)(1) is repealed.
SEC. 13. AMENDMENTS TO PARTIALLY RESTATED PROVISIONS.
(a) Section 2793 of the Revised Statutes (19 U.S.C. 288, 46 App. U.S.C.
111, 123) is amended by striking ‘‘or tonnage tax’’.
(b) Section 809(a) of the Merchant Marine Act, 1936 (46 App. U.S.C.
1213(a)), is amended by striking ‘‘and section 211(a)’’.
SEC. 14. ADDITIONAL AMENDMENTS TO TITLE 46.
Title 46, United States Code, is amended as follows:
(1) The analysis of subtitle II is amended as follows:
(A) In each chapter item, capitalize the first letter of each word
containing 4 or more letters.
(B) Strike the item for chapter 39.
(C) The item for chapter 45 is amended to read as follows:
‘‘45.
Uninspected Commercial Fishing Industry Vessels ....................
4501’’.
259
(2) Section 2101 is amended as follows:
(A) Clauses (2), (3), (3a), (6), (10), (10a), (12), (17b), (36),
(41), (44), (45), and (46) are repealed.
(B) In clause (8a), insert ‘‘Prevention’’ after ‘‘Abuse’’.
(C) In clause (18), strike ‘‘those’’.
(D) In clause (34)—
(i) strike ‘‘, except in part H,’’; and
(ii) strike ‘‘head’’ and substitute ‘‘Secretary’’.
(3) In section 2102—
(A) in subsection (a)(2), strike ‘‘section 2101(36) and (44)’’
and substitute ‘‘chapter 1’’; and
(B) in subsection (b), strike ‘‘West’’ and ‘‘East’’ and substitute
‘‘west’’ and ‘‘east’’, respectively.
(4) In section 2106, strike ‘‘a district court of the United States’’
and substitute ‘‘the district court of the United States for any district’’.
(5) Section 2108 is repealed.
(6) In section 2110—
(A) in subsection (a)(2), strike ‘‘part B of this title’’ and sub-
stitute ‘‘part B of this subtitle’’;
(B) in subsection (b)(2)(A)(iii), strike the period at the end and
substitute ‘‘; and’’;
(C) in subsection (b)(5), strike ‘‘fees’’ and substitute ‘‘fee’’;
(D) In subsection (f), strike ‘‘Secretary of the Treasury shall
deny the clearance required by section 4197 of the Revised Stat-
utes of the United States (46 App. U.S.C. 91)’’ and substitute
‘‘Secretary of Homeland Security shall deny the clearance required
by section 60105 of this title’’; and
(E) In subsection (j), strike ‘‘state’’ and substitute ‘‘State’’.
(7) In section 2301, strike ‘‘section’’ and substitute ‘‘sections 2304
and’’.
(8) In section 2304—
(A) insert the paragraph designation ‘‘(1)’’ after ‘‘(a)’’; and
(B) insert at the end of subsection (a) the following new para-
graph:
‘‘(2) Paragraph (1) does not apply to a vessel of war or a vessel owned
by the United States Government appropriated only to a public service.’’.
(9) In section 2306(a)(2), strike ‘‘section 212(A) of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1122a),’’ and substitute ‘‘section
50113 of this title’’.
(10) In section 3205(d), strike ‘‘Secretary of the Treasury shall
withhold or revoke the clearance required by section 4197 of the Re-