I 
109TH CONGRESS 
1ST SESSION H. R. 1442 
To complete the codification of title 46, United States Code, ‘‘Shipping’’, 
as positive law. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2005 
Mr. SENSENBRENNER (for himself and Mr. CONYERS) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To complete the codification of title 46, United States Code, 
‘‘Shipping’’, as positive law. 
Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1.
Table of contents. 
Sec. 2.
Purpose; conformity with original intent. 
Sec. 3.
Title analysis. 
Sec. 4.
Subtitle I of title 46. 
Sec. 5.
Subtitle II of title 46. 
Sec. 6.
Subtitle III of title 46. 
Sec. 7.
Subtitle IV of title 46. 
Sec. 8.
Subtitle V of title 46. 
Sec. 9.
Subtitle VI of title 46. 
Sec. 10.
Subtitle VII of title 46. 
Sec. 11.
Subtitle VIII of title 46. 
Sec. 12.
Maritime Administration. 
Sec. 13.
Amendments relating to Maritime Security Act of 2003. 
Sec. 14.
Amendments to partially restated provisions. 
Sec. 15.
Additional amendments to title 46. 
Sec. 16.
Conforming amendments to other laws. 
Sec. 17.
Transitional and savings provisions. 
Sec. 18.
Repeals.
SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT. 
(a) PURPOSE.—The purpose of this Act is to complete the codification 
of title 46, United States Code, ‘‘Shipping’’, as positive law, by reorganizing 
and restating the laws currently in the appendix to title 46. 
(b) CONFORMITY WITH ORIGINAL INTENT.—In the codification of laws 
by this Act, the intent is to conform to the understood policy, intent, and 
purpose of the Congress in the original enactments, with such amendments 
and corrections as will remove ambiguities, contradictions, and other imper-
fections, in accordance with section 205(c)(1) of House Resolution No. 988, 
93d Congress, as enacted into law by Public Law 93–554 (2 U.S.C. 
285b(1)). 
SEC. 3. TITLE ANALYSIS. 
The title analysis of title 46, United States Code, is amended to read as 
follows: 
‘‘Subtitle 
Sec.
‘‘I. GENERAL .....................................................................................................
101
‘‘II. VESSELS AND SEAMEN ........................................................................
2101
‘‘III. MARITIME LIABILITY ...........................................................................
30101
‘‘IV. REGULATION OF OCEAN SHIPPING ..............................................
40101
‘‘V. MERCHANT MARINE ..............................................................................
50101
‘‘VI. CLEARANCE, TONNAGE TAXES, AND DUTIES ..........................
60101
‘‘VII. SECURITY AND DRUG ENFORCEMENT ........................................
70101
‘‘VIII. MISCELLANEOUS ....................................................................................
80101’’. 
SEC. 4. SUBTITLE I OF TITLE 46. 
Title 46, United States Code, is amended by inserting after the title anal-
ysis the following: 
‘‘Subtitle I—General 
‘‘Chapter 
Sec. 
‘‘1. Definitions ...................................................................................................
101 
‘‘3. Federal Maritime Commission .............................................................
301 
‘‘5. Other General Provisions ......................................................................
501 
‘‘CHAPTER 1—DEFINITIONS 
‘‘Sec. 
‘‘101.
Agency. 
‘‘102.
Barge. 
‘‘103.
Boundary Line. 
‘‘104.
Citizen of the United States. 
‘‘105.
Consular officer. 
‘‘106.
Documented vessel. 
‘‘107.
Exclusive economic zone. 
‘‘108.
Fisheries. 
‘‘109.
Foreign commerce or trade. 
‘‘110.
Foreign vessel. 
‘‘111.
Numbered vessel. 
‘‘112.
State. 
‘‘113.
Undocumented. 
‘‘114.
United States. 
‘‘115.
Vessel. 
‘‘116.
Vessel of the United States. 
‘‘§ 101. Agency 
‘‘In this title, the term ‘agency’ means a department, agency, or instru-
mentality of the United States Government.
‘‘§ 102. Barge 
‘‘In this title, the term ‘barge’ means a non-self-propelled vessel. 
‘‘§ 103. Boundary Line 
‘‘In this title, the term ‘Boundary Line’ means a line established under 
section 2(b) of the Act of February 19, 1895 (33 U.S.C. 151). 
‘‘§ 104. Citizen of the United States 
‘‘In this title, the term ‘citizen of the United States’, when used in ref-
erence to a natural person, means an individual who is a national of the 
United States as defined in section 101(a)(22) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(22)). 
‘‘§ 105. Consular officer 
‘‘In this title, the term ‘consular officer’ means an officer or employee of 
the United States Government designated under regulations to issue visas. 
‘‘§ 106. Documented vessel 
‘‘In this title, the term ‘documented vessel’ means a vessel for which a 
certificate of documentation has been issued under chapter 121 of this title. 
‘‘§ 107. Exclusive economic zone 
‘‘In this title, the term ‘exclusive economic zone’ means the zone estab-
lished by Presidential Proclamation 5030 of March 10, 1983 (16 U.S.C. 
1453 note). 
‘‘§ 108. Fisheries 
‘‘In this title, the term ‘fisheries’ includes processing, storing, trans-
porting (except in foreign commerce), planting, cultivating, catching, taking, 
or harvesting fish, shellfish, marine animals, pearls, shells, or marine vege-
tation in the navigable waters of the United States or in the exclusive eco-
nomic zone. 
‘‘§ 109. Foreign commerce or trade 
‘‘(a) IN GENERAL.—In this title, the terms ‘foreign commerce’ and ‘for-
eign trade’ mean commerce or trade between a place in the United States 
and a place in a foreign country. 
‘‘(b) CAPITAL CONSTRUCTION FUNDS AND CONSTRUCTION-DIFFEREN-
TIAL SUBSIDIES.—In the context of capital construction funds under chap-
ter 535 of this title, and in the context of construction-differential subsidies 
under title V of the Merchant Marine Act, 1936, the terms ‘foreign com-
merce’ and ‘foreign trade’ also include, in the case of liquid and dry bulk 
cargo carrying services, trading between foreign ports in accordance with 
normal commercial bulk shipping practices in a manner that will permit 
United States documented bulk vessels to compete freely with foreign bulk 
vessels in their operation or competition for charters, subject to regulations 
prescribed by the Secretary of Transportation.
‘‘§ 110. Foreign vessel 
‘‘In this title, the term ‘foreign vessel’ means a vessel of foreign registry 
or operated under the authority of a foreign country. 
‘‘§ 111. Numbered vessel 
‘‘In this title, the term ‘numbered vessel’ means a vessel for which a num-
ber has been issued under chapter 123 of this title. 
‘‘§ 112. State 
‘‘In this title, the term ‘State’ means a State of the United States, the 
District of Columbia, Guam, Puerto Rico, the Virgin Islands, American 
Samoa, the Northern Mariana Islands, and any other territory or possession 
of the United States. 
‘‘§ 113. Undocumented 
‘‘In this title, the term ‘undocumented’ means not having and not re-
quired to have a certificate of documentation issued under chapter 121 of 
this title. 
‘‘§ 114. United States 
‘‘In this title, the term ‘United States’, when used in a geographic sense, 
means the States of the United States, the District of Columbia, Guam, 
Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana 
Islands, and any other territory or possession of the United States. 
‘‘§ 115. Vessel 
‘‘In this title, the term ‘vessel’ has the meaning given that term in section 
3 of title 1. 
‘‘§ 116. Vessel of the United States 
‘‘In this title, the term ‘vessel of the United States’ means a vessel docu-
mented under chapter 121 of this title, numbered under chapter 123 of this 
title, or titled under the law of a State. 
‘‘CHAPTER 3—FEDERAL MARITIME COMMISSION 
‘‘Sec. 
‘‘301.
General organization. 
‘‘302.
Quorum. 
‘‘303.
Record of meetings and votes. 
‘‘304.
Delegation of authority. 
‘‘305.
Regulations. 
‘‘306.
Annual report. 
‘‘307.
Expenditures. 
‘‘§ 301. General organization 
‘‘(a) ORGANIZATION.—The Federal Maritime Commission is an inde-
pendent establishment of the United States Government. 
‘‘(b) COMMISSIONERS.— 
‘‘(1) COMPOSITION.—The Commission is composed of 5 Commis-
sioners, appointed by the President by and with the advice and consent 
of the Senate. Not more than 3 Commissioners may be appointed from 
the same political party.
‘‘(2) TERMS.—The term of each Commissioner is 5 years, with each 
term beginning one year apart. An individual appointed to fill a va-
cancy is appointed only for the unexpired term of the individual being 
succeeded. A vacancy shall be filled in the same manner as the original 
appointment. When the term of a Commissioner ends, the Commis-
sioner may continue to serve until a successor is appointed and quali-
fied. 
‘‘(3) REMOVAL.—The President may remove a Commissioner for in-
efficiency, neglect of duty, or malfeasance in office. 
‘‘(c) CHAIRMAN.— 
‘‘(1) DESIGNATION.—The President shall designate one of the Com-
missioners as Chairman. 
‘‘(2) GENERAL AUTHORITY.—The Chairman is the chief executive 
and administrative officer of the Commission. In carrying out the du-
ties and powers of the Commission (other than under paragraph (3)), 
the Chairman is subject to the policies, regulatory decisions, findings, 
and determinations of the Commission. 
‘‘(3) PARTICULAR DUTIES.— 
‘‘(A) IN GENERAL.—The Chairman shall— 
‘‘(i) appoint and supervise officers and employees of the 
Commission; 
‘‘(ii) appoint the heads of major organizational units, but 
only after consultation with the other Commissioners; 
‘‘(iii) distribute the business of the Commission among per-
sonnel and organizational units; 
‘‘(iv) supervise the expenditure of money for administrative 
purposes; and 
‘‘(v) assign Commission personnel, including Commis-
sioners, to perform duties and powers delegated by the Com-
mission under section 304 of this title. 
‘‘(B) NONAPPLICATION.—Subparagraph (A) (other than clause 
(v)) does not apply to personnel employed regularly and full-time 
in the offices of Commissioners other than the Chairman. 
‘‘(4) DELEGATION.—The Chairman may designate officers and em-
ployees under the Chairman’s jurisdiction to perform duties and powers 
of the Chairman, subject to the Chairman’s supervision and direction. 
‘‘(d) SEAL.—The Commission shall have a seal which shall be judicially 
recognized. 
‘‘§ 302. Quorum 
‘‘A vacancy or vacancies in the membership of the Federal Maritime 
Commission do not impair the power of the Commission to execute its func-