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Donate NowH.R.3387 - To update and improve the codification of title 46, United States Code.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 3,640 | n/a | n/a |
| Reported in House | 3,625 | 50 Show Changes Hide Changes | 15% |
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HR 3387 IHRHCommentsClose CommentsPermalink
To update and improve the codification of title 46, United States Code.CommentsClose CommentsPermalink
August 3, 2007
Mr. CONYERS (for himself and Mr. SMITH of Texas) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
November 8, 2007
Reported with an amendment, referred to the House Calendar, and ordered to be printedCommentsClose CommentsPermalink
[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]
To update and improve the codification of title 46, United States Code.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows: CommentsClose CommentsPermalink
Sec. 1. Table of contents. CommentsClose CommentsPermalink
Sec. 2. Purpose. CommentsClose CommentsPermalink
Sec. 3. Personal injury to or death of seamen. CommentsClose CommentsPermalink
Sec. 4. Amendments to chapter 537 based on
Sec. 5. Additional amendments based on
Sec. 6. Amendments based on
Sec. 7. Amendments based on
Sec. 8. Amendments based on
Sec. 9. Miscellaneous amendments. CommentsClose CommentsPermalink
Sec. 10. Application of sunset provision to codified provision. CommentsClose CommentsPermalink
Sec. 11. Technical corrections. CommentsClose CommentsPermalink
SEC. 2. PURPOSE.
(a) IN GENERAL- The purposes of this Act are to-- CommentsClose CommentsPermalink
(1) update certain provisions codified in title 46, United States Code, by
(2) improve certain provisions codified by that law to reflect public comments submitted too late to be reflected in that law; and CommentsClose CommentsPermalink
(3) correct technical errors in that law. CommentsClose CommentsPermalink
SEC. 3. PERSONAL INJURY TO OR DEATH OF SEAMEN.
(a) AMENDMENT- mendment-
(1) striking `(a) CAUSE OF ACTION- A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may bring an action against the employer. In such an action, the laws of the United States regulating recovery for personal injury to, or death of, a railway employee shall apply. Such an action may be maintained in admiralty or, at the plaintiff's election, as an action at law, with the right of trial by jury.`(b) VENUE- When the plaintiff elects to maintain an action at law, venue shall be in the judicial district in which the employer resides or the employer's principal office is located.'.ause of Action- '; and CommentsClose CommentsPermalink
(2) by striking subsection (b)INTENT- The amendment made by subsection (a) is intended to ensure that the codification of section 20(a) of the Act of March 4, 1915, as amended, in
(b) Effective Date- The amendment made by subsection (a) shall be effective as if included in the enactment of
SEC. 4. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW 109-163.
(a) AMENDMENTSmendments- Title 46, United States Code, is amended as follows: CommentsClose CommentsPermalink
(1) Section 53701 is amended by-- CommentsClose CommentsPermalink
(A) redesignating paragraphs (2)-(13) as paragraphs (3)-(14), respectively; CommentsClose CommentsPermalink
(B) inserting after paragraph (1) the following: CommentsClose CommentsPermalink
`(2) ADMINISTRATOR- The term `Administrator' means the Administrator of the Maritime Administration.'; and CommentsClose CommentsPermalink
(C) amending paragraph (13) (as redesignated) to read as follows: CommentsClose CommentsPermalink
`(13) SECRETARY- The term `Secretary' means the Secretary of Commerce with respect to fishing vessels and fishery facilities.'. CommentsClose CommentsPermalink
(2) Section 53706(c) is amended to read as follows: CommentsClose CommentsPermalink
`(c) PRIORITIES FOR CERTAIN VESSELSriorities for Certain Vessels- CommentsClose CommentsPermalink
`(1) VESSELS- In guaranteeing or making a commitment to guarantee an obligation under this chapter, the Administrator shall give priority to-- CommentsClose CommentsPermalink
`(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 (
`(B) after applying subparagraph (A), a vessel that is otherwise eligible for a guarantee and that the Secretary of Defense determines-- CommentsClose CommentsPermalink
`(i) is suitable for service as a naval auxiliary in time of war or national emergency; and CommentsClose CommentsPermalink
`(ii) meets a shortfall in sealift capacity or capability. CommentsClose CommentsPermalink
`(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.'. CommentsClose CommentsPermalink
(3) Section 53707 is amended in-- CommentsClose CommentsPermalink
(A) subsections (a) and (d), by inserting `or Administrator' after `Secretary' each place it appears; CommentsClose CommentsPermalink
(B) subsection (b), by striking `Secretary of Transportation' and inserting `Administrator'; CommentsClose CommentsPermalink
(C) subsection (c), by striking `of Commerce'; and CommentsClose CommentsPermalink
(D) subsection (d)(2), by-- CommentsClose CommentsPermalink
(i) inserting `if the Secretary or Administrator considers necessary,' before `the waiver'; and CommentsClose CommentsPermalink
(ii) striking `the increased' and inserting `any significant increase in'. CommentsClose CommentsPermalink
(4) Section 53708 is amended in-- CommentsClose CommentsPermalink
(A) subsection (a), by striking `Secretary' and `Secretary of Transportation' each place they appear in the heading and in text and inserting `Administrator'; CommentsClose CommentsPermalink
(B) subsections (b) and (c), by striking `of Commerce' each place it appears in a heading and in text; CommentsClose CommentsPermalink
(C) subsection (d), by-- CommentsClose CommentsPermalink
(i) inserting `or Administrator' after `Secretary' the first place it appears; and CommentsClose CommentsPermalink
(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 CommentsClose CommentsPermalink
(D) subsection (e), by-- CommentsClose CommentsPermalink
(i) inserting `or Administrator' after `Secretary' the first place it appears; and CommentsClose CommentsPermalink
(ii) striking `financial structures, or other risk factors identified by the Secretary' and inserting `or financial structures'. CommentsClose CommentsPermalink
(5) Section 53710(b)(1) is amended by striking `Secretary's' and inserting `Administrator's'. CommentsClose CommentsPermalink
(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.'. CommentsClose CommentsPermalink
(7) Subsections (c) and (d) of section 53717 are amended by striking `of Commerce' each place it appears in a heading and in text. CommentsClose CommentsPermalink
(8) Section 53732(e)(2) is amended by inserting `of Defense' after `Secretary' the second place it appears. CommentsClose CommentsPermalink
(9) The following provisions are amended by striking `Secretary' and `Secretary of Transportation' and inserting `Administrator': CommentsClose CommentsPermalink
(A) Section 53710(b)(2)(A)(i). CommentsClose CommentsPermalink
(B) Section 53717(b) each place it appears in a heading and in text. CommentsClose CommentsPermalink
(C) Section 53718. CommentsClose CommentsPermalink
(D) Section 53731 each place it appears, except where `Secretary' is followed by `of Energy'. CommentsClose CommentsPermalink
(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'. CommentsClose CommentsPermalink
(F) Section 53733 each place it appears. CommentsClose CommentsPermalink
(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': CommentsClose CommentsPermalink
(A) The items relating to sections 53722 and 53723 in the analysis of chapter 537. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(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'. CommentsClose CommentsPermalink
(b) REPEAL OF SUPERSEDED AMENDMENTSepeal of Superseded Amendments- Section 3507 (except subsection (c)(4)) of the National Defense Authorization Act for Fiscal Year 2006 (
SEC. 5. ADDITIONAL AMENDMENTS BASED ON PUBLIC LAW 109-163.
(a) AMENDMENTSmendments- Title 46, United States Code, is amended as follows: CommentsClose CommentsPermalink
(1) Chapters 513 and 515 are amended by striking `Naval Reserve' each place it appears in analyses, headings, and text and inserting `Navy Reserve'. CommentsClose CommentsPermalink
(2) Section 51504(f) is amended to read as follows: CommentsClose CommentsPermalink
`(f) FUEL COSTSuel Costs- CommentsClose CommentsPermalink
`(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. CommentsClose CommentsPermalink
`(2) MAXIMUM AMOUNTS- The amount of the payment to a State maritime academy under paragraph (1) may not exceed-- CommentsClose CommentsPermalink
`(A) $100,000 for fiscal year 2006; CommentsClose CommentsPermalink
`(B) $200,000 for fiscal year 2007; and CommentsClose CommentsPermalink
`(C) $300,000 for fiscal year 2008 and each fiscal year thereafter.'. CommentsClose CommentsPermalink
(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'. CommentsClose CommentsPermalink
(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'. CommentsClose CommentsPermalink
(5)(A) Section 51907 is amended to read as follows: CommentsClose CommentsPermalink
`Sec. 51907. Provision of decorations, medals, and replacements
`The Secretary of Transportation may provide-- CommentsClose CommentsPermalink
`(1) the decorations and medals authorized by this chapter and replacements for those decorations and medals; and CommentsClose CommentsPermalink
`(2) replacements for decorations and medals issued under a prior law.'. CommentsClose CommentsPermalink
(B) In the analysis of chapter 519, the item relating to section 51907 is amended to read as follows: CommentsClose CommentsPermalink
`51907. Provision of decorations, medals, and replacements.'. CommentsClose CommentsPermalink
(6)(A) The following new chapter is inserted after chapter 539: CommentsClose CommentsPermalink
`CHAPTER 541--MISCELLANEOUS
`Sec. CommentsClose CommentsPermalink
`54101. Assistance for small shipyards and maritime communities.'. CommentsClose CommentsPermalink
(B) Section 3506 of the National Defense Authorization Act for Fiscal Year 2006 (
(C) The heading of such section 54101 is amended to read as follows: CommentsClose CommentsPermalink
`Sec. 54101. Assistance for small shipyards and maritime communities'.
(D) Subsection (h)(1) of such section 54101 is amended by stiking `632)' and inserting `632))'. CommentsClose CommentsPermalink
(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: CommentsClose CommentsPermalink
-`541.-Miscellaneous-54101'. CommentsClose CommentsPermalink
(b) REPEAL OF SUPERSEDED AMENDMENTSepeal of Superseded Amendments- Sections 515(g)(2), 3502, 3509, and 3510 of the National Defense Authorization Act for Fiscal Year 2006 (
SEC. 6. AMENDMENTS BASED ON PUBLIC LAW 109-171.
(a) AMENDMENTS- mendments-
(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 CommentsClose CommentsPermalink
(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,'. CommentsClose CommentsPermalink
(b) REPEAL OF SUPERSEDED AMENDMENTSepeal of Superseded Amendments- Section 4001 of the Deficit Reduction Act of 2005 (
SEC. 7. AMENDMENTS BASED ON PUBLIC LAW 109-241.
(a) AMENDMENTSmendments- Title 46, United States Code, is amended as follows: CommentsClose CommentsPermalink
(1) Section 12111 is amended by adding at the end the following: CommentsClose CommentsPermalink
`(d) ACTIVITIES INVOLVING MOBILE OFFSHORE DRILLING UNITSctivities Involving Mobile Offshore Drilling Units- CommentsClose CommentsPermalink
`(1) IN GENERAL- Only a vessel for which a certificate of documentation with a registry endorsement is issued may engage in-- CommentsClose CommentsPermalink
`(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 (
`(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. CommentsClose CommentsPermalink
`(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.'. CommentsClose CommentsPermalink
(2) Section 12139(a) is amended by striking `and charterers' and inserting `charterers, and mortgagees'. CommentsClose CommentsPermalink
(3) Section 51307 is amended by-- CommentsClose CommentsPermalink
(A) striking `and' at the end of paragraph (2); CommentsClose CommentsPermalink
(B) striking the period at the end of paragraph (3) and inserting `; and'; and CommentsClose CommentsPermalink
(C) adding at the end the following: CommentsClose CommentsPermalink
`(4) on any other vessel considered by the Secretary to be necessary or appropriate or in the national interest.'. CommentsClose CommentsPermalink
(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'. CommentsClose CommentsPermalink
(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'. CommentsClose CommentsPermalink
(6) Section 70502(d)(2) is amended to read as follows: CommentsClose CommentsPermalink
`(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.'. CommentsClose CommentsPermalink
(b) REPEAL OF SUPERSEDED AMENDMENTSepeal of Superseded Amendments- Sections 303, 307, 308, 310, 901(q), and 902(o) of the Coast Guard and Maritime Transportation Act of 2006 (
SEC. 8. AMENDMENTS BASED ON PUBLIC LAW 109-364.
(a) UPDATING OF CROSS REFERENCESpdating of Cross References- Section 1017(b)(2) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(b) SECTIONection 51306(e)- CommentsClose CommentsPermalink
(1) IN GENERAL-
`(e) ALTERNATE SERVICElternate Service- CommentsClose CommentsPermalink
`(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). CommentsClose CommentsPermalink
`(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.'. CommentsClose CommentsPermalink
(2) APPLICATION-
(c) SECTIONection 51306(f)- CommentsClose CommentsPermalink
(1) IN GENERAL-
`(f) SERVICE OBLIGATION PERFORMANCE REPORTING REQUIREMENTervice Obligation Performance Reporting Requirement- CommentsClose CommentsPermalink
`(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-- CommentsClose CommentsPermalink
`(A) shall report the status of obligated service of an individual graduate of the Academy upon request of the Secretary; and CommentsClose CommentsPermalink
`(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. CommentsClose CommentsPermalink
`(2) INFORMATION TO BE PROVIDED- A report or notice under subparagraph (Aparagraph (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. CommentsClose CommentsPermalink
`(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.'. CommentsClose CommentsPermalink
(2) APPLICATION-
(d) SECTION 51509(c)- ection 51509(c)-
(1) striking `Midshipman and' in the subsection heading and `midshipman and' in the text; and CommentsClose CommentsPermalink
(2) inserting `or the Coast Guard Reserve' after `Reserve)'. CommentsClose CommentsPermalink
(e) SECTION 51908(a)- ection 51908(a)-
(f) SECTION 53105(e)(2)- ection 53105(e)(2)-
(g) REPEAL OF SUPERSEDED AMENDMENTSepeal of Superseded Amendments- Sections 3505, 3506, 3508, and 3510(a) and (b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
SEC. 9. MISCELLANEOUS AMENDMENTS.
(a) DELETION OF OBSOLETE REFERENCE TO CANTON ISLAND- eletion of Obsolete Reference to Canton Island-
(1) inserting `or' after the semicolon at the end of paragraph (2); CommentsClose CommentsPermalink
(2) striking paragraph (3); and CommentsClose CommentsPermalink
(3) redesignating paragraph (4) as paragraph (3). CommentsClose CommentsPermalink
(b) IMPROVEMENT OF HEADINGmprovement of Heading- Title 46, United States Code, is amended as follows: CommentsClose CommentsPermalink
(1) The heading of section 55110 is amended by inserting `valueless material or' before `dredged material'. CommentsClose CommentsPermalink
(2) The item for section 55110 in the analysis of chapter 551 is amended by inserting `valueless material or' before `dredged material'. CommentsClose CommentsPermalink
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 (
SEC. 11. TECHNICAL CORRECTIONS.
(a) AMENDMENTS TO TITLEmendments to Title 46- Title 46, United States Code, is amended as follows: CommentsClose CommentsPermalink
(1) The analysis of chapter 21 is amended by striking the item for section 2108. CommentsClose CommentsPermalink
(2) Section 12113(g) is amended by inserting `and' after `Conservation'. CommentsClose CommentsPermalink
(3) Section 12131 is amended by striking `commmand' and inserting `command'. CommentsClose CommentsPermalink
(b) AMENDMENTS TO PUBLIC LAW 109-304-(1) AMENDMENTS- mendments to
(1) AMENDMENTS-
(A) Section 15(10) is amended by striking `46 App. U.S.C.' and inserting `46 U.S.C. App.'. CommentsClose CommentsPermalink
(B) Section 15(30) is amended by striking `Shipping Act, 1936' and inserting `Shipping Act, 1916'. CommentsClose CommentsPermalink
(C) The schedule of Statutes at Large repealed in section 19, as it relates to the Act of June 29, 1936, is amended by-- CommentsClose CommentsPermalink
(i) striking the second section `1111' (relating to 46 App. U.S.C. 1279f) and inserting section `1113'; and CommentsClose CommentsPermalink
(ii) striking the second section `1112' (relating to 46 App. U.S.C. 1279g) and inserting section `1114'. CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall be effective as if included in the enactment of
(c) REPEAL OF DUPLICATIVE OR UNEXECUTABLE AMENDMENTSepeal of Duplicative or Unexecutable Amendments- CommentsClose CommentsPermalink
(1) REPEAL- Sections 9(a), 15(21) and (33)(A)-(D)(i), and 16(c)(2) of
(2) INTENDED EFFECT- The provisions repealed by paragraph (1) shall be treated as if never enacted. CommentsClose CommentsPermalink
(d) Large Passenger Vessel Crew Requirements-
House Calendar No. 151CommentsClose CommentsPermalink
To update and improve the codification of title 46, United States Code.CommentsClose CommentsPermalink
November 8, 2007
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U.S. Congress - Text of H.R.3387 as Reported in House To update and improve the codification of title 46, United States Code.



