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 Com-
mittee 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Maritime Transpor-
tation Amendments of 2004’’. 
SEC. 2. TABLE OF CONTENTS. 
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.
TITLE I—COAST GUARD 
SEC. 101. CONTINGENT EXPENSES. 
Section 476 of title 14, United States Code, is amend-
ed—
(1) 
by 
striking 
‘‘$7,500’’ 
and 
inserting 
‘‘$50,000’’; and 
(2) by striking the second sentence.
SEC. 102. MAXIMUM SERVICE IN ACTIVE STATUS FOR RE-
SERVE REAR ADMIRALS. 
Section 743 of title 14, United States Code, is amended 
by striking ‘‘combined service in the grades of rear admiral 
and rear admiral (lower half)’’ and inserting ‘‘of service 
after the appointment of the officer to rear admiral (lower 
half)’’. 
SEC. 103. CONFIDENTIAL INVESTIGATIVE EXPENSES. 
Section 658 of title 14, United States Code, is amended 
by striking ‘‘$15,000 per annum’’ and inserting ‘‘$45,000 
each fiscal year’’. 
SEC. 104. RENEWAL OF ADVISORY GROUPS. 
(a) COMMERCIAL FISHING INDUSTRY VESSEL SAFETY 
ADVISORY COMMITTEE.—Section 4508(e)(1) of title 46, 
United States Code, is amended by striking ‘‘on September 
30, 2005’’ and inserting ‘‘on September 30, 2010’’. 
(b) HOUSTON-GALVESTON NAVIGATION SAFETY ADVI-
SORY COMMITTEE.—Section 18 of the Coast Guard Author-
ization Act of 1991 (Public Law 102–241; 105 Stat. 2213) 
is amended—
(1) in subsection (b) by striking ‘‘eighteen’’ and 
inserting ‘‘19’’; 
(2) by adding at the end of subsection (b) the fol-
lowing: 
‘‘(12) One member representing recreational 
boating interests.’’; and
(3) in subsection (h) by striking ‘‘September 30, 
2005’’ and inserting ‘‘September 30, 2010’’. 
(c) LOWER MISSISSIPPI RIVER WATERWAY SAFETY 
ADVISORY COMMITTEE.—Section 19(g) of the Coast Guard 
Authorization Act of 1991 (Public Law 102–241) is amend-
ed by striking ‘‘September 30, 2005’’ and inserting ‘‘Sep-
tember 30, 2010’’. 
(d) GREAT
LAKES
PILOTAGE
ADVISORY
COM-
MITTEE.—Section 9307(f)(1) of title 46, United States 
Code, is amended by striking ‘‘September 30, 2005’’ and 
inserting ‘‘September 30, 2010’’. 
(e) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 
5(d) of the Inland Navigational Rules Act of 1980 (33 
U.S.C. 2073(d)) is amended by striking ‘‘September 30, 
2005’’ and inserting ‘‘September 30, 2010’’. 
(f) NATIONAL BOATING SAFETY ADVISORY COUNCIL.—
Section 13110(e) of title 46, United States Code, is amended 
by striking ‘‘September 30, 2005’’ and inserting ‘‘September 
30, 2010’’. 
(g) TOWING SAFETY ADVISORY COMMITTEE.—Public 
Law 96–380 (33 U.S.C. 1231a) is amended in subsection 
(e) by striking ‘‘September 30, 2005’’ and inserting ‘‘Sep-
tember 30, 2010’’.
SEC. 105. RESTRICTION ON PROCUREMENT OF RESPONSE 
BOAT-MEDIUM VESSELS WITH FOREIGN MAN-
UFACTURED ENGINES. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the Coast Guard may not procure a Response Boat-
Medium vessel if—
(1) the engine is not manufactured in the United 
States; or 
(2) substantially all of the components of the en-
gine are not produced or manufactured in the United 
States. 
(b) EXCEPTION.—The Coast Guard may procure a ves-
sel having an engine that does not comply with subsection 
(a) if the Secretary of the department in which the Coast 
Guard is operating determines that—
(1) the price of a vessel with an engine that com-
plies with subsection (a) is unreasonable; or 
(2) emergency circumstances exist. 
TITLE II—MARINE SAFETY AND 
ENVIRONMENTAL PROTECTION 
SEC. 201. ENFORCEMENT. 
(a) IN GENERAL.—Chapter 701 of title 46, United 
States Code, is amended by adding at the end the following:
‘‘§ 70118. Firearms, arrests, and seizure of property 
‘‘Subject to guidelines approved by the Secretary, 
members of the Coast Guard may, in the performance of 
official duties—
‘‘(1) carry a firearm; and 
‘‘(2) while at a facility—
‘‘(A) make an arrest without warrant for 
any offense against the United States committed 
in their presence; and 
‘‘(B) seize property as otherwise provided 
by law. 
‘‘§ 70119. Enforcement by State and local officers 
‘‘(a) IN GENERAL.—Any State or local government 
law enforcement officer who has authority to enforce State 
criminal laws may make an arrest for violation of a secu-
rity zone regulation under section 1 of title II of the Act 
of June 15, 1917 (chapter 30; 50 U.S.C. 191) or security 
or safety zone regulation under section 7(b) of the Ports and 
Waterways Safety Act (33 U.S.C. 1226(b)) prescribed by 
a Coast Guard official authorized by law to prescribe such 
regulations, if—
‘‘(1) such violation is a felony; and 
‘‘(2) the officer has reasonable grounds to believe 
that the person to be arrested has committed or is 
committing such violation.
‘‘(b) OTHER POWERS NOT AFFECTED.—The provisions 
of this section are in addition to any power conferred by 
law to such officers. This section shall not be construed as 
a limitation of any power conferred by law to such officers, 
or any other officer of the United States or any State. This 
section does not grant to such officers any powers not au-
thorized by the law of the State in which those officers are 
employed.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis at 
the beginning of chapter 701 of title 46, United States Code, 
is amended by adding at the end the following:
‘‘70118. Firearms, arrests, and seizure of property. 
‘‘70119. Enforcement by State and local officers.’’.
SEC. 202. IN REM LIABILITY FOR CIVIL PENALTIES. 
(a) MARITIME TRANSPORTATION SECURITY ACT.—
(1) IN
GENERAL.—Section 70117 of title 46, 
United States Code, is amended—
(A) by striking the section heading and in-
serting the following: 
‘‘§ 70117. Penalties’’; 
(B) by inserting ‘‘(a) IN GENERAL.—’’ be-
fore ‘‘Any’’; and 
(C) by adding at the end the following: 
‘‘(b) IN REM LIABILITY.—Any vessel that is used in 
violation of this chapter, or of any regulation issued under 
this chapter, shall be liable in rem for any civil penalty
assessed pursuant to subsection (a) and may be proceeded 
against in the United States district court for any district 
in which such vessel may be found. 
‘‘(c) WITHHOLDING OF CLEARANCE.—
‘‘(1) IN GENERAL.—If any owner, agent, master, 
officer, or person in charge of a vessel is liable for a 
penalty or fine under subsection (a), or if reasonable 
cause exists to believe that the owner, agent, master, 
officer, or person in charge may be subject to a pen-
alty or fine under subsection (a), the Secretary may, 
with respect to such vessel, refuse or revoke any clear-
ance required by section 4197 of the Revised Statutes 
of the United States (46 U.S.C. App. 91). 
‘‘(2) CLEARANCE
UPON
FILING
OF
BOND
OR 
OTHER SURETY.—The Secretary may require the fil-
ing of a bond or other surety as a condition of grant-
ing clearance refused or revoked under this sub-
section.’’. 
(2) CONFORMING
AMENDMENT.—The chapter 
analysis for chapter 701 of title 46, United States 
Code, is amended by revising the item relating to sec-
tion 70117 to read as follows:
‘‘70117. Penalties.’’.
(b) MAGNUSON ACT.—Section 2 of title II of the Act 
of June 15, 1917 (chapter 30; 50 U.S.C. 192), is amended—
(1) in subsection (c) by striking ‘‘Act’’ each time 
it appears and inserting ‘‘title’’; and 
(2) by inserting at the end the following: 
‘‘(d) IN REM LIABILITY.—Any vessel that is used in 
violation of this title, or of any regulation issued under this 
title, shall be liable in rem for any civil penalty assessed 
pursuant to subsection (c) and may be proceeded against 
in the United States district court for any district in which 
such vessel may be found. 
‘‘(e) WITHHOLDING OF CLEARANCE.—
‘‘(1) IN GENERAL.—If any owner, agent, master, 
officer, or person in charge of a vessel is liable for a 
penalty or fine under subsection (c), or if reasonable 
cause exists to believe that the owner, agent, master, 
officer, or person in charge may be subject to a pen-
alty or fine under this section, the Secretary may, 
with respect to such vessel, refuse or revoke any clear-
ance required by section 4197 of the Revised Statutes 
of the United States (46 U.S.C. App. 91). 
‘‘(2) CLEARANCE
UPON
FILING
OF
BOND
OR 
OTHER SURETY.—The Secretary may require the fil-
ing of a bond or other surety as a condition of grant-
ing clearance refused or revoked under this sub-
section.’’.
SEC. 203. DELEGATION OF PORT SECURITY AUTHORITY. 
The undesignated text following paragraph (b) of the 
second unnumbered paragraph of section 1 of title II of the 
Act of June 15, 1917 (chapter 30; 40 Stat. 220; 50 U.S.C. 
191) is amended by adding at the beginning the following: 
‘‘The President may delegate the authority to issue such 
rules and regulations to the Secretary of the department 
in which the Coast Guard is operating.’’. 
SEC. 204. NOTIFICATION OF DEFICIENCIES. 
(a) 
CORRECTION
OF
DEFICIENCIES.—Section 
3313(b)(1) of title 46, United States Code, is amended by 
striking ‘‘be ordered in writing to correct the noted defi-
ciencies promptly’’ and inserting ‘‘promptly correct any de-
ficiencies’’. 
(b) NOTIFICATION TO VESSEL.—
(1) IN
GENERAL.—Section 3712 of title 46, 
United States Code, is amended to read as follows: 
‘‘§ 3712. Notification of deficiencies 
‘‘The Secretary shall notify the owner, charterer, man-
aging operator, agent, master, or individual in charge of 
a vessel of deficiencies found during any inspection or ex-
amination under this chapter.’’. 
(2) CLERICAL AMENDMENT.—The chapter anal-
ysis for chapter 37 of title 46, United States Code, is
amended by striking the item related to section 3712 
and inserting the following:
‘‘3712. Notification of deficiencies.’’.
SEC. 205. DRUG TESTING REPORTING. 
(a) IN GENERAL.—Chapter 77 of title 46, United 
States Code, is amended by adding at the end: 
‘‘§ 7706. Drug testing reporting 
‘‘(a) RELEASE OF DRUG TEST RESULTS TO COAST 
GUARD.—Not later than 2 weeks after receiving from a 
Medical Review Officer a report of a verified positive drug 
test or verified test violation by a civilian employee of a 
Federal agency, an officer in the Public Health Services, 
or an officer in the National Oceanic and Atmospheric Ad-
ministration Commissioned Officer Corps, who is employed 
in any capacity on board a vessel operated by the agency, 
the head of the agency shall release to the Commandant of 
the Coast Guard the report. 
‘‘(b) STANDARDS, PROCEDURES, AND REGULATIONS.—
The head of a Federal agency shall carry out a release under 
subsection (a) in accordance with the standards, procedures, 
and regulations applicable to the disclosure and reporting 
to the Coast Guard of drug tests results and drug test 
records of individuals employed on vessels documented 
under the laws of the United States. 
‘‘(c) WAIVER.—Notwithstanding section 503(e) of the 
Supplemental Appropriations Act, 1987 (5 U.S.C. 7301
note), the report of a drug test of an employee may be re-
leased under this section without the prior written consent 
of the employee.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 77 of title 46, United States Code, is amended 
by adding at the end the following:
‘‘7706. Drug testing reporting.’’.
SEC. 206. JUDICIAL REVIEW OF NATIONAL TRANSPOR-
TATION SAFETY BOARD FINAL ORDERS. 
Section 1153 of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘(d) COMMANDANT SEEKING JUDICIAL REVIEW OF 
MARITIME MATTERS.—If the Commandant of the Coast 
Guard decides that an order of the Board issued pursuant 
to a review of a Coast Guard action under section 1133 
of this title will have an adverse impact on maritime safety 
or security, the Commandant may obtain judicial review 
of the order under subsection (a). The Commandant, in the 
official capacity of the Commandant, shall be a party to 
the judicial review proceedings.’’. 
SEC. 207. INSPECTION OF TOWING VESSELS. 
(a) VESSELS SUBJECT TO INSPECTION.—Section 3301 
of title 46, United States Code, is amended by adding at 
the end the following: 
‘‘(15) towing vessels.’’.
(b) SAFETY MANAGEMENT SYSTEM.—Section 3306 of 
chapter 33 of title 46, United States Code, is amended by 
adding at the end the following: 
‘‘(j) The Secretary may establish by regulation a safety 
management system appropriate for the characteristics, 
methods of operation, and nature of service of towing ves-
sels.’’. 
SEC. 208. WESTLAKE CHEMICAL BARGE DOCUMENTATION. 
Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 App. U.S.C. 883) and section 12106 of title 
46, United States Code, the Secretary of the department in 
which the Coast Guard is operating may issue a certificate 
of documentation with appropriate endorsement for em-
ployment in the coastwise trade for each of the following 
vessels: 
(1) Barge WCAO–101 (United States official 
number 506677). 
(2) Barge WCAO–102 (United States official 
number 506851). 
(3) Barge WCAO–103 (United States official 
number 506852). 
(4) Barge WCAO–104 (United States official 
number 507172). 
(5) Barge WCAO–105 (United States official 
number 507173).
(6) Barge WCAO–106 (United States official 
number 620514). 
(7) Barge WCAO–107 (United States official 
number 620515). 
(8) Barge WCAO–108 (United States official 
number 620516). 
(9) Barge WCAO–3002 (United States official 
number 295147). 
(10) Barge WCAO–3004 (United States official 
number 517396). 
SEC. 209. CONVEYANCES. 
(a) IN GENERAL.—The Commandant of the Coast 
Guard shall convey all right, title, and interest of the 
United States in and to each of the vessels described in sub-
section (b) to the recipient listed in subsection (b) with re-
spect to that vessel, without consideration, if the recipient 
complies with the conditions under subsection (c). 
(b) VESSEL DESCRIBED.—The vessels and recipients 
referred to in subsection (a) are the following: 
(1) The Coast Guard 44-foot Motor Life Boat 
Vessel #44345 formally assigned to the Group Grand 
Haven Command, to the city of Ludington, Michigan. 
(2) One decommissioned ‘‘Balsam Class’’ 180-
foot Coast Guard vessel (whether decommissioned be-
fore or after the date of enactment of this Act) to CAS
Foundation, Inc. (a nonprofit corporation under the 
laws of the State of Indiana). 
(c) CONDITIONS.—As a condition of any conveyance 
of a vessel under subsection (a), the Commandant shall re-
quire the recipient to—
(1) agree—
(A) to use the vessel for purposes of edu-
cation and historical display; 
(B) not to use the vessel for commercial 
transportation purposes; 
(C) to make the vessel available to the 
United States Government if needed for use by 
the Commandant in time of war or a national 
emergency; and 
(D) to hold the Government harmless for 
any claims arising from exposure to hazardous 
materials, 
including 
asbestos 
and 
poly-
chlorinated biphenyls (PCBs), after conveyance 
of the vessel, except for claims arising from use 
of the vessel by the Government under subpara-
graph (C); 
(2) have funds available that will be committed 
to operate and maintain the vessel conveyed in good 
working condition, in the form of cash, liquid assets, 
or a written loan commitment; and
(3) agree to any other conditions the Com-
mandant considers appropriate. 
(d) MAINTENANCE AND DELIVERY OF VESSEL.—Prior 
to conveyance of a vessel under this section, the Com-
mandant shall, to the extent practical, and subject to other 
Coast Guard mission requirements, make every effort to 
maintain the integrity of the vessel and its equipment until 
the time of delivery. The Commandant shall deliver a vessel 
conveyed under this section at the place where the vessel 
is located, in its present condition, and without cost to the 
Government. The conveyance of a vessel under this section 
shall not be considered a distribution in commerce for pur-
poses of section 6(e) of Public Law 94–469 (15 U.S.C. 
2605(e)). 
(e) OTHER EXCESS EQUIPMENT.—The Commandant 
may convey to the recipient of a vessel under this section 
any excess equipment or parts from other decommissioned 
Coast Guard vessels for use to enhance the vessel’s oper-
ability and function as an historical display. 
SEC. 210. AUTHORITY TO SETTLE. 
Section 1015 of the Oil Pollution Act of 1990 (33 
U.S.C. 2715) is amended by adding at the end the following: 
‘‘(d) AUTHORITY TO SETTLE.—The head of any de-
partment or agency responsible for recovering amounts for 
which a person is liable under this title may consider, com-
promise, and settle a claim for such amounts, including 
such costs paid from the Fund, if the claim has not been 
referred to the Attorney General. In any case in which the 
total amount to be recovered may exceed $500,000 (exclud-
ing interest), a claim may be compromised and settled 
under the preceding sentence only with the prior written 
approval of the Attorney General.’’. 
SEC. 211. POTABLE WATER. 
Section 3305(a) of title 46, United States Code, is 
amended—
(1) by redesignating paragraphs (4) and (5) in 
order as paragraphs (5) and (6); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) has an adequate supply of potable water for 
drinking and washing by the passengers and crew;’’. 
SEC. 212. INTERIM AUTHORITY FOR DRY BULK CARGO RES-
IDUE DISPOSAL. 
(a) EXTENSION OF INTERIM AUTHORITY.—The Sec-
retary of the department in which the Coast Guard is oper-
ating shall continue to implement and enforce the notice 
to mariners entitled ‘‘2004 Enforcement Policy for Cargo 
Residues on the Great Lakes’’ in accordance with such no-
tice until the earlier of—
(1) the date regulations are promulgated under 
subsection (b) for the regulation of incidental dis-
charges from vessels of dry bulk cargo residue into the 
waters of the Great Lakes under the jurisdiction of the 
United States; or 
(2) September 30, 2006. 
(b) PERMANENT AUTHORITY.—The Commandant of 
the Coast Guard may promulgate regulations governing the 
discharge of dry bulk cargo residue on the Great Lakes.