Text: H.R.3387 — 110th Congress (2007-2008)All Bill Information (Except Text)

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Reported in House (11/08/2007)

House Calendar No. 151

110th CONGRESS
1st Session
H. R. 3387

[Report No. 110–437]


To update and improve the codification of title 46, United States Code.


IN THE HOUSE OF REPRESENTATIVES
August 3, 2007

Mr. Conyers (for himself and Mr. Smith of Texas) introduced the following bill; which was referred to the Committee on the Judiciary

November 8, 2007

Reported with an amendment, referred to the House Calendar, 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 August 3, 2007]


A BILL

To update and improve the codification of title 46, United States Code.

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.

Sec. 3. Personal injury to or death of seamen.

Sec. 4. Amendments to chapter 537 based on Public Law 109–163.

Sec. 5. Additional amendments based on Public Law 109–163.

Sec. 6. Amendments based on Public Law 109–171.

Sec. 7. Amendments based on Public Law 109–241.

Sec. 8. Amendments based on Public Law 109–364.

Sec. 9. Miscellaneous amendments.

Sec. 10. Application of sunset provision to codified provision.

Sec. 11. Technical corrections.

SEC. 2. Purpose.

The purposes of this Act are to—

(1) update certain provisions codified in title 46, United States Code, by Public Law 109–304, to reflect amendments enacted after the cutoff date specified in section 18(a) of that law, which amendments were to provisions restated and repealed by that law;

(2) improve certain provisions codified by that law to reflect public comments submitted too late to be reflected in that law; and

(3) correct technical errors in that law.

SEC. 3. Personal injury to or death of seamen.

(a) Amendment.—Section 30104 of title 46, United States Code, is amended by—

(1) striking “(a) Cause of Action.—”; and

(2) by striking subsection (b).

(b) Effective Date.—The amendment made by subsection (a) shall be effective as if included in the enactment of Public Law 109–304.

SEC. 4. AMENDMENTS TO CHAPTER 537 BASED ON Public Law 109–163.

(a) Amendments.—Title 46, United States Code, is amended as follows:

(1) Section 53701 is amended by—

(A) redesignating paragraphs (2)–(13) as paragraphs (3)–(14), respectively;

(B) inserting after paragraph (1) the following:

“(2) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Maritime Administration.”; and

(C) amending paragraph (13) (as redesignated) to read as follows:

“(13) SECRETARY.—The term ‘Secretary’ means the Secretary of Commerce with respect to fishing vessels and fishery facilities.”.

(2) Section 53706(c) is amended to read as follows:

“(c) Priorities for Certain Vessels.—

“(1) VESSELS.—In guaranteeing or making a commitment to guarantee an obligation under this chapter, the Administrator shall give priority to—

“(A) a vessel that is otherwise eligible for a guarantee and is constructed with assistance under subtitle D of the Maritime Security Act of 2003 (46 U.S.C. 53101 note); and

“(B) after applying subparagraph (A), a vessel that is otherwise eligible for a guarantee and that the Secretary of Defense determines—

“(i) is suitable for service as a naval auxiliary in time of war or national emergency; and

“(ii) meets a shortfall in sealift capacity or capability.

“(2) TIME FOR DETERMINATION.—The Secretary of Defense shall determine whether a vessel satisfies paragraph (1)(B) not later than 30 days after receipt of a request from the Administrator for such a determination.”.

(3) Section 53707 is amended in—

(A) subsections (a) and (d), by inserting “or Administrator” after “Secretary” each place it appears;

(B) subsection (b), by striking “Secretary of Transportation” and inserting “Administrator”;

(C) subsection (c), by striking “of Commerce”; and

(D) subsection (d)(2), by—

(i) inserting “if the Secretary or Administrator considers necessary,” before “the waiver”; and

(ii) striking “the increased” and inserting “any significant increase in”.

(4) Section 53708 is amended in—

(A) subsection (a), by striking “Secretary” and “Secretary of Transportation” each place they appear in the heading and in text and inserting “Administrator”;

(B) subsections (b) and (c), by striking “of Commerce” each place it appears in a heading and in text;

(C) subsection (d), by—

(i) inserting “or Administrator” after “Secretary” the first place it appears; and

(ii) striking “financial structures, or other risk factors identified by the Secretary. Any independent analysis conducted under this subsection shall be performed by a party chosen by the Secretary.” and inserting “or financial structures. A third party independent analysis conducted under this subsection shall be performed by a private sector expert in assessing such risk factors who is selected by the Secretary or Administrator.”; and

(D) subsection (e), by—

(i) inserting “or Administrator” after “Secretary” the first place it appears; and

(ii) striking “financial structures, or other risk factors identified by the Secretary” and inserting “or financial structures”.

(5) Section 53710(b)(1) is amended by striking “Secretary’s” and inserting “Administrator’s”.

(6) Section 53712(b) is amended by striking the last sentence and inserting “If the Secretary or Administrator has waived a requirement under section 53707(d) of this title, the loan agreement shall include requirements for additional payments, collateral, or equity contributions to meet the waived requirement upon the occurrence of verifiable conditions indicating that the obligor’s financial condition enables the obligor to meet the waived requirement.”.

(7) Subsections (c) and (d) of section 53717 are amended by striking “of Commerce” each place it appears in a heading and in text.

(8) Section 53732(e)(2) is amended by inserting “of Defense” after “Secretary” the second place it appears.

(9) The following provisions are amended by striking “Secretary” and “Secretary of Transportation” and inserting “Administrator”:

(A) Section 53710(b)(2)(A)(i).

(B) Section 53717(b) each place it appears in a heading and in text.

(C) Section 53718.

(D) Section 53731 each place it appears, except where “Secretary” is followed by “of Energy”.

(E) Section 53732 (as amended by paragraph (8)) each place it appears, except where “Secretary” is followed by “of the Treasury”, “of State”, or “of Defense”.

(F) Section 53733 each place it appears.

(10) The following provisions are amended by inserting “or Administrator” after “Secretary” each place it appears in headings and text, except where “Secretary” is followed by “of Transportation” or “of the Treasury”:

(A) The items relating to sections 53722 and 53723 in the analysis of chapter 537.

(B) Sections 53701(1), (4), and (9) (as redesignated by paragraph (1)(A)), 53702(a), 53703, 53704, 53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and (2)(A), and (d), 53710(a) and (c), 53711, 53712 (except in the last sentence of subsection (b) as amended by paragraph (6)), 53713 to 53716, 53721 to 53725, and 53734.

(11) Sections 53715(d)(1), 53716(d)(3), 53721(c), 53722(a)(1) and (b)(1)(B), and 53724(b) are amended by inserting “or Administrator’s” after “Secretary’s”.

(b) Repeal of Superseded Amendments.—Section 3507 (except subsection (c)(4)) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) is repealed.

SEC. 5. Additional amendments based on Public Law 109–163.

(a) Amendments.—Title 46, United States Code, is amended as follows:

(1) Chapters 513 and 515 are amended by striking “Naval Reserve” each place it appears in analyses, headings, and text and inserting “Navy Reserve”.

(2) Section 51504(f) is amended to read as follows:

“(f) Fuel Costs.—

“(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall pay to each State maritime academy the costs of fuel used by a vessel provided under this section while used for training.

“(2) MAXIMUM AMOUNTS.—The amount of the payment to a State maritime academy under paragraph (1) may not exceed—

“(A) $100,000 for fiscal year 2006;

“(B) $200,000 for fiscal year 2007; and

“(C) $300,000 for fiscal year 2008 and each fiscal year thereafter.”.

(3) Section 51505(b)(2)(B) is amended by striking “$200,000” and inserting “$300,000 for fiscal year 2006, $400,000 for fiscal year 2007, and $500,000 for fiscal year 2008 and each fiscal year thereafter”.

(4) Section 51701(a) is amended by inserting before the period at the end “and to perform functions to assist the United States merchant marine, as determined necessary by the Secretary”.

(5)(A) Section 51907 is amended to read as follows:

§ 51907. Provision of decorations, medals, and replacements

“The Secretary of Transportation may provide—

“(1) the decorations and medals authorized by this chapter and replacements for those decorations and medals; and

“(2) replacements for decorations and medals issued under a prior law.”.

(B) In the analysis of chapter 519, the item relating to section 51907 is amended to read as follows:


“51907. Provision of decorations, medals, and replacements.”.






(6)(A) The following new chapter is inserted after chapter 539:

“CHAPTER 541MISCELLANEOUS

“Sec.

“54101. Assistance for small shipyards and maritime communities.”.

(B) Section 3506 of the National Defense Authorization Act for Fiscal Year 2006 (46 U.S.C. 53101 note) is transferred to and redesignated as section 54101 of title 46, United States Code, to appear at the end of chapter 541 of title 46, as enacted by subparagraph (A).

(C) The heading of such section 54101 is amended to read as follows:

§ 54101. Assistance for small shipyards and maritime communities”.

(D) Subsection (h)(1) of such section 54101 is amended by stiking “632)” and inserting “632))”.

(E) The table of chapters at the beginning of subtitle V is amended by inserting after the item relating to chapter 539 the following new item:

“541. Miscellaneous .............................................................................
 54101”.







(b) Repeal of Superseded Amendments.—Sections 515(g)(2), 3502, 3509, and 3510 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) are repealed.

SEC. 6. Amendments based on Public Law 109–171.

(a) Amendments.—Section 60301 of title 46, United States Code, is amended in—

(1) subsection (a), by striking “2 cents per ton (but not more than a total of 10 cents per ton per year)” and inserting “4.5 cents per ton, not to exceed a total of 22.5 cents per ton per year, for fiscal years 2006 through 2010, and 2 cents per ton, not to exceed a total of 10 cents per ton per year, for each fiscal year thereafter,”; and

(2) subsection (b), by striking “6 cents per ton (but not more than a total of 30 cents per ton per year)” and inserting “13.5 cents per ton, not to exceed a total of 67.5 cents per ton per year, for fiscal years 2006 through 2010, and 6 cents per ton, not to exceed a total of 30 cents per ton per year, for each fiscal year thereafter,”.

(b) Repeal of Superseded Amendments.—Section 4001 of the Deficit Reduction Act of 2005 (Public Law 109–171) is repealed.

SEC. 7. Amendments based on Public Law 109–241.

(a) Amendments.—Title 46, United States Code, is amended as follows:

(1) Section 12111 is amended by adding at the end the following:

“(d) Activities Involving Mobile Offshore Drilling Units.—

“(1) IN GENERAL.—Only a vessel for which a certificate of documentation with a registry endorsement is issued may engage in—

“(A) the setting, relocation, or recovery of the anchors or other mooring equipment of a mobile offshore drilling unit that is located over the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a))); or

“(B) the transportation of merchandise or personnel to or from a point in the United States from or to a mobile offshore drilling unit located over the outer Continental Shelf that is not attached to the seabed.

“(2) COASTWISE TRADE NOT AUTHORIZED.—Nothing in paragraph (1) authorizes the employment in the coastwise trade of a vessel that does not meet the requirements of section 12112 of this title.”.

(2) Section 12139(a) is amended by striking “and charterers” and inserting “charterers, and mortgagees”.

(3) Section 51307 is amended by—

(A) striking “and” at the end of paragraph (2);

(B) striking the period at the end of paragraph (3) and inserting “; and”; and

(C) adding at the end the following:

“(4) on any other vessel considered by the Secretary to be necessary or appropriate or in the national interest.”.

(4) Section 55105(b)(3) is amended by striking “Secretary of the department in which the Coast Guard is operating” and inserting “Secretary of Homeland Security”.

(5) Section 70306(a) is amended by striking “Not later than February 28 of each year, the Secretary shall submit a report” and inserting “The Secretary shall submit an annual report”.

(6) Section 70502(d)(2) is amended to read as follows:

“(2) RESPONSE TO CLAIM OF REGISTRY.—The response of a foreign nation to a claim of registry under paragraph (1)(A) or (C) may be made by radio, telephone, or similar oral or electronic means, and is proved conclusively by certification of the Secretary of State or the Secretary’s designee.”.

(b) Repeal of Superseded Amendments.—Sections 303, 307, 308, 310, 901(q), and 902( o) of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241) are repealed.

SEC. 8. Amendments based on Public Law 109–364.

(a) Updating of Cross References.—Section 1017(b)(2) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364, 10 U.S.C. 2631 note) is amended by striking “section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 883), section 12106 of title 46, United States Code, and section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)” and inserting “sections 12112, 50501, and 55102 of title 46, United States Code”.

(b) Section 51306(e).—

(1) IN GENERAL.—Section 51306 of title 46, United States Code, is amended by adding at the end the following:

“(e) Alternate Service.—

“(1) SERVICE AS COMMISSIONED OFFICER.—An individual who, for the 5-year period following graduation from the Academy, serves as a commissioned officer on active duty in an armed force of the United States or as a commissioned officer of the National Oceanic and Atmospheric Administration or the Public Health Service shall be excused from the requirements of subsection (a)(3)–(5).

“(2) MODIFICATION OR WAIVER.—The Secretary may modify or waive any of the terms and conditions set forth in subsection (a) through the imposition of alternative service requirements.”.

(2) APPLICATION.—Section 51306(e) of title 46, United States Code, as added by this subsection, applies only to an individual who enrolls as a cadet at the United States Merchant Marine Academy, and signs an agreement under section 51306(a) of title 46, after October 17, 2006.

(c) Section 51306(f).—

(1) IN GENERAL.—Section 51306 of title 46, United States Code, is further amended by adding at the end the following:

“(f) Service Obligation Performance Reporting Requirement.—

“(1) IN GENERAL.—Subject to any otherwise applicable restrictions on disclosure in section 552a of title 5, the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating, the Administrator of the National Oceanic and Atmospheric Administration, and the Surgeon General of the Public Health Service—

“(A) shall report the status of obligated service of an individual graduate of the Academy upon request of the Secretary; and

“(B) may, in their discretion, notify the Secretary of any failure of the graduate to perform the graduate’s duties, either on active duty or in the Ready Reserve component of their respective service, or as a commissioned officer of the National Oceanic and Atmospheric Administration or the Public Health Service, respectively.

“(2) INFORMATION TO BE PROVIDED.—A report or notice under paragraph (1) shall identify any graduate determined to have failed to comply with service obligation requirements and provide all required information as to why such graduate failed to comply.

“(3) CONSIDERED AS IN DEFAULT.—Upon receipt of such a report or notice, such graduate may be considered to be in default of the graduate’s service obligations by the Secretary, and subject to all remedies the Secretary may have with respect to such a default.”.

(2) APPLICATION.—Section 51306(f) of title 46, United States Code, as added by this subsection, does not apply with respect to an agreement entered into under section 51306(a) of title 46 before October 17, 2006.

(d) Section 51509(c).—Section 51509(c) of title 46, United States Code, is amended by—

(1) striking “Midshipman and” in the subsection heading and “midshipman and” in the text; and

(2) inserting “or the Coast Guard Reserve” after “Reserve)”.

(e) Section 51908(a).—Section 51908(a) of title 46, United States Code, is amended by striking “under this chapter” and inserting “by this chapter or the Secretary of Transportation”.

(f) Section 53105(e)(2).—Section 53105(e)(2) of title 46, United States Code, is amended by striking “section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802),” and inserting “section 50501 of this title”.

(g) Repeal of Superseded Amendments.—Sections 3505, 3506, 3508, and 3510(a) and (b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) are repealed.

SEC. 9. Miscellaneous amendments.

(a) Deletion of Obsolete Reference to Canton Island.—Section 55101(b) of title 46, United States Code, is amended by—

(1) inserting “or” after the semicolon at the end of paragraph (2);

(2) striking paragraph (3); and

(3) redesignating paragraph (4) as paragraph (3).

(b) Improvement of Heading.—Title 46, United States Code, is amended as follows:

(1) The heading of section 55110 is amended by inserting “valueless material or” before “dredged material”.

(2) The item for section 55110 in the analysis of chapter 551 is amended by inserting “valueless material or” before “dredged material”.

SEC. 10. Application of sunset provision to codified provision.

For purposes of section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Public Law 108–27, 26 U.S.C. 1 note), the amendment made by section 301(a)(2)(E) of that Act shall be deemed to have been made to section 53511(f)(2) of title 46, United States Code.

SEC. 11. Technical corrections.

(a) Amendments to Title 46.—Title 46, United States Code, is amended as follows:

(1) The analysis of chapter 21 is amended by striking the item for section 2108.

(2) Section 12113(g) is amended by inserting “and” after “Conservation”.

(3) Section 12131 is amended by striking “commmand” and inserting “command”.

(b) Amendments to Public Law 109–304.—

(1) AMENDMENTS.—Public Law 109–304 is amended as follows:

(A) Section 15(10) is amended by striking “46 App. U.S.C.” and inserting “46 U.S.C. App.”.

(B) Section 15(30) is amended by striking “Shipping Act, 1936” and inserting “Shipping Act, 1916”.

(C) The schedule of Statutes at Large repealed in section 19, as it relates to the Act of June 29, 1936, is amended by—

(i) striking the second section “1111” (relating to 46 App. U.S.C. 1279f) and inserting section “1113”; and

(ii) striking the second section “1112” (relating to 46 App. U.S.C. 1279g) and inserting section “1114”.

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall be effective as if included in the enactment of Public Law 109–304.

(c) Repeal of Duplicative or Unexecutable Amendments.—

(1) REPEAL.—Sections 9(a), 15(21) and (33)(A)–(D)(i), and 16(c)(2) of Public Law 109–304 are repealed.

(2) INTENDED EFFECT.—The provisions repealed by paragraph (1) shall be treated as if never enacted.

(d) Large Passenger Vessel Crew Requirements.—Section 8103(k)(3)(C)(iv) of title 46, United States Code, is amended by inserting “and section 252 of the Immigration and Nationality Act (8 U.S.C. 1282)” after “of such section”.


House Calendar No. 151

110th CONGRESS
     1st Session
H. R. 3387
[Report No. 110–437]

A BILL
To update and improve the codification of title 46, United States Code.

November 8, 2007
Reported with an amendment, referred to the House Calendar, and ordered to be printed