I 
108TH CONGRESS 
2D SESSION 
H. R. 4251
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 
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.
‘‘(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 as-
sessed 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, mas-
ter, officer, or person in charge of a vessel is liable 
for a penalty or fine under subsection (c), or if rea-
sonable cause exists to believe that the owner, agent, 
master, officer, or person in charge may be subject 
to a penalty or fine under this section, the Secretary 
may, with respect to such vessel, refuse or revoke 
any clearance required by section 4197 of the Re-
vised 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 
granting clearance refused or revoked under this 
subsection.’’. 
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
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 em-
ployed in any capacity on board a vessel operated by the 
agency, the head of the agency shall release to the Com-
mandant of the Coast Guard the report. 
‘‘(b) STANDARDS, PROCEDURES, 
AND
REGULA-
TIONS.—The head of a Federal agency shall carry out a 
release under subsection (a) in accordance with the stand-
ards, procedures, and regulations applicable to the disclo-
sure and reporting to the Coast Guard of drug tests re-
sults and drug test records of individuals employed on ves-
sels 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 released under this section without the prior written 
consent of the employee.’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis 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 
amended 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 add-
ing 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 safe-
ty 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 certifi-
cate of documentation with appropriate endorsement for 
employment in the coastwise trade for each of the fol-
lowing 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 
subsection (b) to the recipient listed in subsection (b) with 
respect to that vessel, without consideration, if the recipi-
ent 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 
before 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 
require 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 
Commandant shall, to the extent practical, and subject to 
other Coast Guard mission requirements, make every ef-
fort to maintain the integrity of the vessel and its equip-
ment 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 ves-
sel under this section shall not be considered a distribution 
in commerce for purposes 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 fol-
lowing: 
‘‘(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 
(excluding interest), a claim may be compromised and set-
tled under the preceding sentence only with the prior writ-
ten approval of the Attorney General.’’.
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