242 
‘‘(b) COMMON OWNERSHIP OF VESSELS.—The right to remuneration for 
aid or salvage services is not affected by common ownership of the vessels giv-
ing and receiving the aid or salvage services. 
‘‘(c) TIME LIMIT ON BRINGING ACTIONS.—A civil action to recover remu-
neration 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 
jurisdiction 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 appropriated only to a pub-
lic 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 agreements with in-
terested maritime countries to— 
‘‘(1) maintain in the North Atlantic Ocean a service of ice patrol, of 
study and observation of ice and current conditions, 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 sec-
tion 80301 of this title provide otherwise, an ice patrol shall be maintained 
during the entire ice season in guarding the southeastern, southern, and
243 
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 main-
tained a service of study of ice and current conditions, 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 recommend safe routes. 
‘‘(c) RECORDING AND REPORTING INCIDENTS.— 
‘‘(1) RECORDING.—An ice patrol vessel shall record the name of a ves-
sel 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 lati-
tude 43 degrees north during the fishing season; or 
‘‘(C) has passed through regions known or believed to be endan-
gered by ice when proceeding to and from ports of North America. 
‘‘(2) REPORTING.—The name of the vessel and all pertinent informa-
tion about the incident shall be reported to the government of the country 
to which the vessel belongs if that government requests. 
‘‘(d) ADMINISTRATION.—The Commandant of the Coast Guard, under the 
direction of the Secretary of the department in which the Coast Guard is op-
erating, shall carry out the services provided for in this section and shall as-
sign necessary vessels, material, and personnel of the Coast Guard. On request 
of such Secretary, the head of an agency may detail personnel, lend or con-
tribute 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 re-
port shall be provided to each interested foreign government and to each agen-
cy 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.
244 
‘‘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. 
‘‘§ 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 International 
Convention for Safe Containers, and its annexes, done at Geneva, Swit-
zerland, 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 car-
riers. 
‘‘(4) OWNER.—The term ‘owner’ includes the lessee or bailee of a con-
tainer 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 initially approv-
ing containers and designs for containers, including procedures for at-
taching, invalidating, and removing safety approval plates for con-
tainers;
245 
‘‘(2) establish procedures to be followed by the owners of containers for 
the periodic examination of containers as provided in the Convention; 
and 
‘‘(3) provide a method for developing, collecting, and disseminating in-
formation about container safety and the international transport of con-
tainers. 
‘‘(c) SAFETY APPROVAL PLATES.—If the owner of a container without a 
safety approval plate establishes that the container satisfies the standards of 
the Convention, the Secretary may authorize a safety approval plate to be at-
tached 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 ap-
proval 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 expedi-
tious handling of containerized cargo without intermediate reloading when it 
is being transported over land, air, and sea areas. 
‘‘§ 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 operating or by the gov-
ernment of another country that is a party to the Convention; and 
‘‘(2) examined periodically as provided in the Convention under pro-
cedures 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 Conven-
tion; and 
‘‘(2) examined periodically as provided in the Convention, under pro-
cedures 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 principal office in the 
United States or another country that is a party to the Convention may sub-
246 
mit a container for initial approval and periodic examination under proce-
dures prescribed by the Secretary. 
‘‘§ 80505. Enforcement 
‘‘(a) IN GENERAL.—To enforce the Convention, this chapter, and regula-
tions 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 container from 
service until the container owner satisfies the Secretary that the con-
tainer meets the standards of the Convention, 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 necessary 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 pre-
scribed 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 examination of the con-
tainer shall pay or reimburse the Secretary 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 test-
ing, inspection, and initial approval, and the manufacturer of a con-
tainer that submits a design to the procedure established by the Secretary 
for testing, inspection, and initial approval, shall pay or reimburse the 
Secretary for the expenses arising from the testing, inspection, or ap-
proval. 
‘‘(3) CREDIT TO APPROPRIATION.—Amounts received by the Secretary 
as reimbursement shall be credited to the appropriation for operating ex-
penses of the Coast Guard.
247 
‘‘(c) PRESUMPTION BASED ON SAFETY APPROVAL PLATE.—A container 
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 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 AP-
PROVAL PLATE.—If the Secretary has reason to believe that a container bear-
ing 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 person 
is carrying out the delegated duties and powers properly.
248 
‘‘(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. 
‘‘(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 vio-
lation 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 con-
tainer 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 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.
249 
‘‘(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 Senate. 
The President may declare that the United States does not accept an amend-
ment. 
‘‘(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 Convention; 
‘‘(B) may propose a conference for amending annexes to the Con-
vention; and 
‘‘(C) shall consider and act on amendments to the annexes to the 
Convention adopted by the Maritime Safety Committee of the Inter-
national 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 promptly 
shall communicate the objection as provided in article X(3) of the Con-
vention. 
‘‘(d) APPOINTMENT OF ARBITRATOR.—The Secretary of State, with the con-
currence of the Secretary of the department in which the Coast Guard is oper-
ating, 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 Govern-
ment 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 pen-
alty, the Secretary shall consider the gravity of the violation, the hazards 
involved, and the record of the person charged with respect to violations
250 
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. 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 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 report 
directly to the Secretary of Transportation and carry out the duties pre-
scribed 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 during 
the absence or disability of the Administrator and, unless the Secretary des-
ignates 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 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 appoint a 
qualified individual as Director of each regional office. The Secretary shall 
carry out appropriate activities and programs of the Maritime Administra-
tion through the regional offices. 
‘‘(f) INTERAGENCY AND INDUSTRY RELATIONS.—The Secretary shall estab-
lish 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 Sec-