International Safe Container Act

• By: www.dhs.gov
• Date: October 14, 2011

"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, Switzerland, 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 carriers.
"(4) OWNER.--The term "owner" includes the lessee or bailee of a container 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 approving containers and designs for containers, including procedures for attaching, invalidating, and removing safety approval plates for containers;
"(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 information about container safety and the international transport of containers.

"(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 attached 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 approval 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 expeditious 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 government of another country that is a party to the Convention; and
"(2) examined periodically as provided in the Convention under procedures 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 Convention; and
"(2) examined periodically as provided in the Convention, under procedures 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 submit a container for initial approval and periodic examination under procedures prescribed by the Secretary.

"§ 80505. Enforcement

"(a) IN GENERAL.--To enforce the Convention, this chapter, and regulations 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 con
tainer from service until the container owner satisfies the Secretary that the container 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 nec
essary 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 prescribed 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 container 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 testing, inspection, and initial approval, and the manufacturer of a container 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 approval.
"(3) CREDIT TO APPROPRIATION.--Amounts received by the Secretary as reimbursement shall be credited to the appropriation for operating expenses of the Coast Guard.

"(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 significant 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 writing--
"(A) the owner of the container;

"(b) the owner"s agent; or

"(c) if the identity of the owner is not apparent from the container 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 APPROVAL PLATE.--If the Secretary has reason to believe that a container bearing 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 containers 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.

"(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 violation of the Convention, this chapter, or an order issued by the Secretary 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 delegated;
"(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 container or a violation of this chapter or a regulation prescribed under this chapter.

"(b) COMPLAINTS.--An employee alleging to have been discharged or discriminated 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 complaint. If the Secretary of Labor finds there has been a violation, the Secretary of Labor may bring a civil action in an appropriate district court of the United States. The court has jurisdiction to restrain violations of subsection (a) and order appropriate relief, including reinstatement of the employee to the employee"s former position with back pay.

"(d) NOTICE TO COMPLAINANT.--Within 30 days after receiving a complaint 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.

"(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 amendment.

"(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 Convention; and

"(c) shall consider and act on amendments to the annexes to the Convention adopted by the Maritime Safety Committee of the International Maritime Organization and communicated to the United States under article X(2) of the Convention.
"(2) ACTION FOLLOWING APPROVAL OR OBJECTION.--If a pro
posed amendment to an annex is approved by the United States, the amendment 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 Convention.

"(d) APPOINTMENT OF ARBITRATOR.--The Secretary of State,
with the concurrence of the Secretary of the department in which the Coast Guard is operating, 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 Government 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 penalty, the Secretary shall consider the gravity of the violation, the hazards involved, and the record of the person charged with respect to violations 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 Administration is the Maritime Administrator, who is appointed

H. R. 1442--215

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 prescribed by the Secretary.

"(c) DEPUTY MARITIME ADMINISTRATOR.--The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates 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 regional 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 Administration through the regional offices.

"(f) INTERAGENCY AND INDUSTRY RELATIONS.--The Secretary shall establish 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 Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer"s pay and allowances as an officer in the armed forces, makes the officer"s total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail.

"(h) CONTRACTS AND AUDITS.--
"(1) CONTRACTS.--In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts for the United States Government and disburse amounts to--
"(A) carry out the Secretary"s duties and powers under this section and subtitle V of title 46; and

"(b) protect, preserve, and improve collateral held by the Secretary to secure indebtedness.
"(2) AUDITS.--The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46.
"(i) AUTHORIZATION OF APPROPRIATIONS.--
"(1) IN GENERAL.--Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration.
"(2) LIMITATIONS.--Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for--
"(A) acquisition, construction, or reconstruction of vessels;

"(b) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;

"(c) costs of national defense features;

"(d) payments of obligations incurred for operating-differential subsidies;

"(e) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations;

"(f) the Vessel Operations Revolving Fund;

"(g) National Defense Reserve Fleet expenses;

"(h) expenses necessary to carry out part B of subtitle V of title 46; and

"(I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.
"(3) TRAINING VESSELS.--Amounts may not be appropriated for the purchase or construction of training vessels for State maritime academies unless the Secretary has approved a plan for sharing training vessels between State maritime academies.".

SEC. 13. AMENDMENTS RELATING TO MARITIME SECURITY ACT OF 2003.
(a) AMENDMENTS TO CHAPTER 531.--Chapter 531 of title 46, United States Code, is amended as follows: (1) In section 53102--
(A) in the headings of paragraphs (1), (2), and (4) of subsection (c), strike
"SECTION 2" and substitute
"SECTION 50501";
(B) in subsection (c)(1), (2)(A)(i) and (ii)(II) and (B), and (4)(B), strike
"section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)" and substitute
"section 50501 of this title"; (C) in subsection (d), strike
"the first section of Public Law 81–891 (64 Stat. 1120; 46 U.S.C. App. note prec. 3)" and substitute
"section 501 of this title"; and (D) in subsection (e)(1)--
(i) strike
"a documented vessel (as that term is defined in section 12101 of this title)" and substitute
"documented under chapter 121 of this title,"; and
(ii) in subparagraph (B), strike
"a documented vessel (as defined in that section)" and substitute
"documented under chapter 121". (2) In section 53103(c)-- H. R. 1442--217
(A) in the heading of paragraph (1)(C), strike
"SECTION 2" and substitute
"SECTION 50501";
(B) in paragraphs (1)(A)(iii) and (C)(i) and (ii), strike
"section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)" and substitute
"section 50501 of this title";
(C) in paragraph (1)(B), strike
"subparagraphs" and substitute
"subparagraph"; and
(D) in paragraph (3)(B), strike
"agreement" and substitute
"agreements".
(3) In section 53104--
(A) in subsection (c)(3)(B)(ii)(I) and (II), strike
"section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)" and substitute
"section 50501 of this title";
(B) in subsection (e)(2), strike
"section 9 of the Shipping Act, 1916 (46 U.S.C. App. 808)" and substitute
"section 56101 of this title"; and
(C) in subsection (e)(3), strike
"section 902 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1242)" and
"section 902 of such Act" and substitute
"chapter 563 of this title" and
"chapter 563", respectively.
(4) In section 53105--
(A) in subsection (a)(1)(A), strike
"section 12105" and substitute
"section 12111"; and
(B) in subsection (f), strike
"approve" and substitute
"approves".
(5) In section 53106--
(A) in subsection (d)(1), strike
"section 2631 of title 10, United States Code, the Act of March 26, 1934 (46 U.S.C. App. 1241–1), section 901(a), 901(b), or 901b of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b), or 1241f)" and substitute
"section 55302(a), 55304, 55305, or 55314 of this title, section 2631 of title 10"; (B) in subsection (d)(2), strike
"section 901(a), 901(b), or 901b of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b), or 1241f)," and substitute
"section 55302(a), 55305, or 55314 of this title"; and
(C) in subsection (e)(2), strike
"section 2(c) of the Shipping Act, 1916 (46 U.S.C. App. 802(c))" and substitute
"section 50501 of this title, applying the 75 percent ownership requirement of that section".
(6) In section 53107(f)--
(A) strike
"section 2631 of title 10, United States Code, the Act of March 26, 1934 (46 U.S.C. App. 1241–1), section 901(a), 901(b), or 901b of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b), or 1241f)" and substitute
"section 55302(a), 55304, 55305, or 55314 of this title, section 2631 of title 10"; and
(B) strike
"section 2631 of title 10, United States Code, the Act of March 26, 1934 (46 U.S.C. App. 1241–1), and sections 901(a), 901(b), and 901b of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b), and 1241b)" and substitute
"sections 55302(a), 55304, 55305, and 55314 of this title and section 2631 of title 10". (7) In section 53108(b), strike
"section 901(b)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b)(1))" and substitute
"section 55305(a) of this title". H. R. 1442--218 (b) OTHER CONFORMING PROVISIONS.--If this Act is enacted prior to October 1, 2005, then-- (1) until that date, the reference in section 12111(c)(3) of title 46, United States Code, as enacted by this Act, to
"chapter 531 of this title" is deemed instead to be a reference to
"subtitle B of title VI of the Merchant Marine Act, 1936"; and
(2) section 3534(b)(1) of the Maritime Security Act of 2003 (Public Law 108–136, 117 Stat. 1818) is repealed. SEC. 14. AMENDMENTS TO PARTIALLY RESTATED PROVISIONS. (a) Section 2793 of the Revised Statutes (19 U.S.C. 288, 46 App. U.S.C. 111, 123) is amended by striking
"or tonnage tax". (b) Section 809(a) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1213(a)), is amended by striking
"and section 211(a)". SEC. 15. ADDITIONAL AMENDMENTS TO TITLE 46. Title 46, United States Code, is amended as follows: (1) The analysis of subtitle II is amended as follows: (A) In each chapter item, capitalize the first letter of each word containing 4 or more letters. (B) Strike the item for chapter 39.
(C) The item for chapter 45 is amended to read as
follows:
"45. Uninspected Commercial Fishing Industry Vessels ...................... 4501". (2) Section 2101 is amended as follows:
(A) Paragraphs (2), (3), (3a), (6), (10), (10a), (12), (17b), (36), (41), (44), (45), and (46) are repealed. (B)
In paragraph (8a), insert
"Prevention" after
"Abuse". (C) In paragraph (18), strike
"those". (D) In paragraph (34)-- (i) strike
", except in part H,"; and
(ii) strike
"head" and substitute
"Secretary". (3) In section 2102(b), strike
"West" and
"East" and substitute
"west" and
"east", respectively. (4) In section 2106, strike
"a district court of the United States" and substitute
"the district court of the United States for any district". (5) Section 2108 is repealed.
(6) In section 2110--
(A) in subsection (a)(2), strike
"part B of this title" and substitute
"part B of this subtitle";
(B) in subsection (b)(2)(A)(iii), strike the period at the end and substitute
"; and";
(C) in subsection (b)(5), strike
"fees" and substitute
"fee";
(D) In subsection (f), strike
"Secretary of the Treasury shall deny the clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)" and substitute
"Secretary of Homeland Security shall deny the clearance required by section 60105 of this title"; and
(E) In subsection (j), strike
"state" and substitute
"State".
(7) In section 2301, strike
"section" and substitute
"sections 2304 and". H. R. 1442--219 (8) In section 2304--
(A) insert the paragraph designation
"(1)" after

"(a)"; and
(B) insert at the end of subsection (a) the following new paragraph:
"(2) Paragraph (1) does not apply to a vessel of war or a vessel owned by the United States Government appropriated only to a public service.". (9) In section 2306(a)(2), strike
"section 212(A) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1122a)," and substitute
"section 50113 of this title". (10) In section 3205(d), strike
"Secretary of the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes (46 App. U.S.C. 91)" and substitute
"Secretary of Homeland Security shall withhold or revoke the clearance required by section 60105 of this title". (11) In section 3302--
(A) in subsection (b), insert a comma after
"fishing vessel";
(B) in subsection (j)(2)(B), strike
"section 1304 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c)" and substitute
"chapter 515 of this title"; and
(C) in subsection (l)(1)(C), strike
"Inc.." and substitute
"Inc.". (12) In section 3306(d), strike
"section 1302(3) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295a(3))" and substitute
"section 51102 of this title". (13) In section 3318(f), strike the period after
"felony".
(14) In the analysis of chapter 37, the item for section 3719 is amended to read as follows:
"3719. Reduction of oil spills from single hull non-self-propelled tank vessels.". (15) In paragraphs (1)(C), (2), and (3) of section 3703a(c), strike
"documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14)" and substitute
"documentation as a wrecked vessel under section 12112 of this title".
(16) In section 3704, strike
"section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883)," and substitute
"chapter 551 of this title". (17) In section 3718(e)(1), strike
"Secretary of the Treasury" and
"section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)" and substitute
"Secretary of Homeland Security" and
"section 60105 of this title", respectively. (18) In section 4702, strike the subsection

"(a)" designation.
(19) In section 4705-- (A) strike
"subcontractor not" and substitute
"subcontractor are not"; (B) strike

"(a)(1)" and substitute

"(a)"; (C) strike
"(2) Paragraph (1)" and substitute

"(b) Subsection (a)"; (D) strike
"(A)" and substitute
"(1)"; and
(E) strike

"(b)" and substitute
"(2)". (20) In section 5113(b), strike
"section 4197 of the Revised Statutes (46 App. U.S.C. 91)" and substitute
"section 60105 of this title". H. R. 1442--220 (21) In section 6101, redesignate the second subsection
(g) and subsection (h) as subsections (h) and (i), respectively.
(22) In section 8103(a), strike
"Only" and substitute
"Except as otherwise provided in this title, only".
(23) In section 9307(b)(2)(A), strike
"The" and substitute
"the".
(24) In section 12503(a), in the matter before paragraph (1), strike
"delegee" and substitute
"delegate". (25) In section 13102(a), insert
"(26 U.S.C. 9504)" after
"Internal Revenue Code of 1986". (26) In section 14305(a)--
(A) in paragraph (1), strike
"and sections 12106(c) and 12108(c)" and substitute
"of this subtitle and section 12116";
(B) in paragraph (5), strike
"section 4283 of the Revised Statutes of the United States (46 App. U.S.C. 183)" and substitute
"section 30506 of this title";
(C) in paragraph (6), strike
"sections 27 and 27A of the Act of June 5, 1920 (46 App. U.S.C. 883 and 883– 1)" and substitute
"sections 12118 and 12132 of this title"; and
(D) in paragraph (7), strike
"Act of July 14, 1956 (46 App. U.S.C. 883a)" and substitute
"section 12139(b) of this title".
(27) In section 31306(a), strike
"section 9 or 37 of the Shipping Act, 1916 (46 App. U.S.C. 808, 835)" and substitute
"section 56102 or 56103 of this title". (28) In section 31308, strike
"title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.)" and substitute
"chapter 537 of this title". (29) In section 31322--
(A) in subsection (a)(4)(A), strike
"section 12102(c)" and substitute
"section 12113(c)";
(B)
in subsection (a)(4)(E), strike
"under section 12102(a)" and substitute
"for purposes of documentation under section 12103"; and
(C) in subsection (f)(2), strike
"section 12102(c)" and substitute
"section 12113(c)". (30) In section 31325(b)(3)(B), strike
"section 9 or 37 of the Shipping Act, 1936 (46 App. U.S.C. 808, 835)" and substitute
"section 56101 or 56102 of this title". (31) In section 31326(b)--
(A) in paragraph (1), strike
"title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.)" and substitute
"chapter 537 of this title,"; and
(B) in paragraph (2), strike
"title XI of that Act" and substitute
"chapter 537 of this title".
(32) In section 31329-- (A) in subsection (a)(1), strike
"section 12102" and substitute
"section 12103"; and (B) in subsection (b)--
(i) in paragraph (2), strike
"section 902 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1242)" and substitute
"chapter 563 of this title"; and
(ii) in paragraph (3), strike
"sale foreign within the terms of the first proviso of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883)" and H. R. 1442--221 substitute
"sale to a person not a citizen of the United States under section 12132 of this title". (33)(A) Sections 70118 and 70119, as added by section 801(a) of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108–293, 118 Stat. 1078), are redesignated as sections 70117 and 70118, respectively, and moved to appear immediately after section 70116 of title 46, United States Code. (B) Sections 70117 and 70118, as added by section 802(a)(2) of such Act, are redesignated as sections 70120 and 70121, respectively, and moved to appear immediately after section 70119 of title 46, United States Code.
(C) In section 70120(a) (as redesignated by subparagraph (B)), strike
"section 70120" and substitute
"section 70119". (D) In section 70121(a) (as redesignated by subparagraph (B))-- (i) strike
"section 70120" and substitute
"section 70119"; and
(ii) strike
"section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)" and substitute
"section 60105 of this title".
(E) In the analysis of chapter 701, strike the items relating to sections 70117–70119 and substitute the following:
"70117. Firearms, arrests, and seizure of property.
"70118. Enforcement by State and local officers.
"70119. Civil penalty.
"70120. In rem liability for civil penalties and certain costs.
"70121. Withholding of clearance.".
SEC. 16. RECREATIONAL BOATING SAFETY TECHNICAL AMENDMENTS.
(a) SECTION 2102.--Section 2102 of title 46, United States Code, is amended by-- (1) striking subsection (a); and
(2) striking the subsection (b) designation.
(b) CHAPTER 131.--Chapter 131 of title 46, United States Code, is amended as follows: (1) Redesignate sections 13101 to 13106 as sections 13102 to 13107. (2) Insert as the first section the following:

"§ 13101. Definitions
"In this chapter:
"(1) ELIGIBLE STATE.--The term "eligible State" means a State that has a State recreational boating safety program accepted by the Secretary.
"(2) STATE RECREATIONAL BOATING SAFETY PROGRAM.--The term "State recreational boating safety program" means education, assistance, and enforcement activities conducted for maritime casualty prevention, reduction, and reporting for recreational boating.". (3) In the chapter analysis, redesignate items 13101 to 13106 as items 13102 to 13107 and insert as the first item the following:
"13101. Definitions.". (c) CROSS REFERENCES.-- (1) Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended by striking
"13106" wherever appearing and substituting
"13107". H. R. 1442--222
(2) Section 9504(c) of the Internal Revenue Code of 1986 (26 U.S.C. 9504(c)) is amended by striking
"section 13106" and substituting
"section 13107".
(3) Section 13102(c) of title 46, United States Code, as redesignated by subsection (b), is amended by striking
"section 13103" and substituting
"section 13104".
(4) Section 13103(c) of title 46, United States Code, as redesignated by subsection (b), is amended by striking
"section 13106" and substituting
"section 13107".
(5) Section 13107(a)(1) of title 46, United States Code, as redesignated by subsection (b), is amended by striking
"section 13103" and substituting
"section 13104". (6) Section 13108(a) of title 46, United States Code, is amended by-- (A) striking
"section 13103" and substituting
"section 13104"; and
(B) striking
"section 13105" and substituting
"section 13106".
(7) Section 31322(d)(1)(A) of title 46, United States Code, is amended by striking
"section 13106(b)(8)" and substituting
"section 13107(b)(8)". SEC. 17. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) TITLE 10.--Title 10, United States Code, is amended as follows: (1) In section 374(b)(4)(A)(iv), strike
"The Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)" and substitute
"Chapter 705 of title 46".
(2) In section 2218(d)(2), strike
"sections 508 and 510 of the Merchant Marine Act of 1936 (46 U.S.C. App. 1158, 1160), shall be deposited in the Fund" and substitute
"sections 57101– 57104 and chapter 573 of title 46". (3) In section 2350b(g)(2), strike
"section 901(b) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b))" and substitute
"section 55305 of title 46". (4) In section 2645--
(A) in subsection (c), strike
"the second sentence of section 1208(a) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1288(a))" and substitute
"section 53909(b) of title 46"; (B) in subsection (h)(1), strike
"title XII of the Merchant Marine Act, 1936 (46 U.S.C. App. 1281 et seq.)," and substitute
"chapter 539 of title 46"; and
(C) in subsection (h)(2), strike
"the first sentence of section 1208(a) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1288(a))" and substitute
"section 53909(a) of title 46".
(5) In section 5985, strike
"section 1304 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1295c)," and substitute
"chapter 515 of title 46".
(6) In section 7721(a), strike
"the Act of March 3, 1925 (commonly referred to as the "Public Vessels Act") (46 U.S.C. App. 781–790)" and substitute
"chapter 311 of title 46". (b) TITLE 11.--Title 11, United States Code, is amended as follows:
(1) In section 362(b)-- H. R. 1442--223
(A) in paragraph (12), strike
"section 207 or title XI of the Merchant Marine Act, 1936" and substitute
"chapter 537 of title 46 or section 109(h) of title 49"; and
(B) in paragraph (13), strike
"section 207 or title XI of the Merchant Marine Act, 1936" and substitute
"chapter 537 of title 46". (2) In section 1110(a)(3)(A)(ii), strike
"documented vessel (as defined in section 30101(1) of title 46)" and substitute
"vessel documented under chapter 121 of title 46". (c) TITLE 14.--Sections 821(b) and 823a(b) of title 14, United States Code, are each amended by striking paragraphs (3)–(5) and substituting the following:
"(3) Section 30101 of title 46 (popularly known as the Admiralty Extension Act).
"(4) Chapter 309 of title 46 (known as the Suits in Admiralty Act).
"(5) Chapter 311 of title 46 (known as the Public Vessels Act).". (d) TITLE 18.--Title 18, United States Code, is amended as follows:
(1) In section 229F(9)(C), strike
"section 3(b) of the Maritime Drug Enforcement Act, as amended (46 U.S.C., App. sec. 1903(b))" and substitute
"section 70502(b) of title 46, United States Code". (2) In section 507--
(A) in the first paragraph, strike
"recording, registry, or enrollment of any vessel, in the office of any collector of the customs, or a license to any vessel for carrying on the coasting trade or fisheries of the United States" and substitute
"documentation of any vessel"; (B) in the first paragraph, strike
"collector or other"; and (C) in the second paragraph, strike
"license,".
(3) In section 924--
(A) in subsections (c)(2), (e)(2)(A)(i), (g)(2), and (k)(1), strike
"the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)" and substitute
"chapter 705 of title 46"; and
(B) in subsection (g)(2), strike
"802 et seq." and substitute
"801 et seq.".
(4) In section 929(a)(2), strike
"the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)" and substitute
"chapter 705 of title 46".
(5) In section 965(a), strike
"section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)" and substitute
"section 60105 of title 46".
(6) In section 2277(a), strike
"registered, enrolled, or licensed" and substitute
"documented".
(7) In section 3142(e) and (f)(1)(C), strike
"the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)" and substitute
"chapter 705 of title 46". (e) INTERNAL REVENUE CODE OF 1986.--The Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) is amended as follows: (1) In section 56(c)(2)-- (A) strike
"section 607 of the Merchant Marine Act, 1936 (46 U.S.C. 1177)" and substitute
"chapter 535 of title 46, United States Code"; and H. R. 1442--224
(B) in subparagraphs (A) and (B), strike
"such section 607" substitute
"such chapter 535". (2) In section 140(a)(4), strike
"section 607(d) of the Merchant Marine Act, 1936 (46 U.S.C. 1177)" and substitute
"section 53507 of title 46, United States Code".
(3) In section 543(a)(1)(B), strike
"section 511 or 607 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1161 or 1177)" and substitute
"chapter 533 or 535 of title 46, United States Code". (4) In section 1023(2), strike
"section 511 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1161)" and substitute
"chapter 533 of title 46, United States Code". (5) In section 1061--
(A) in paragraph (1), strike
"section 510 of the Merchant Marine Act, 1936, see subsection (e) of that section, as amended August 4, 1939 (46 U.S.C. App. 1160)" and substitute
"chapter 573 of title 46, United States Code, see section 57307 of title 46"; (B) in paragraph (2), strike
"section 511 of such Act, as amended (46 U.S.C. App. 1161)" and substitute
"chapter 533 of title 46, United States Code"; and (C) strike paragraph (3).
(6) In section 7518--
(A) in subsection (a)(1), strike
"section 607 of the Merchant Marine Act, 1936" and substitute
"chapter 535 of title 46 of the United States Code";
(B) in subsections (a)(2) and (c)(1)(A) and (D), strike
"section 607 of the Merchant Marine Act, 1936" and substitute
"chapter 535 of title 46, United States Code"; and
(C) in subsection (g)(3)(C)(iii), strike
"Merchant Marine Act of 1936" and substitute
"Merchant Marine Act, 1936,". (f) TITLE 28.--Title 28, United States Code, is amended as follows: (1) In section 994(h)(1)(B) and (2)(B), strike
"the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)" and substitute
"chapter 705 of title 46". (2) In section 1605(d), strike
"the Ship Mortgage Act, 1920 (46 U.S.C. 911 and following)" and
"that Act" and substitute
"section 31301 of title 46" and
"chapter 313 of title 46", respectively. (3) In section 2342(3)--
(A) in subparagraph (A), strike
"section 2, 9, 37, or 41 of the Shipping Act, 1916 (46 U.S.C. App. 802, 803, 808, 835, 839, and 841a)" and substitute
"section 50501, 50502, 56101–56104, or 57109 of title 46"; and
(B) strike subparagraph (B) and substitute the following:

"(b) the Federal Maritime Commission issued pursuant to section 305, 41304, 41308, or 41309 or chapter 421 or 441 of title 46;". (4) In section 2680(d), strike
"sections 741–752, 781–790 of Title 46," and substitute
"chapter 309 or 311 of title 46".
(g) TITLE 40.--Title 40, United States Code, is amended as follows:
(1) In section 548, strike
"the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.)," and substitute
"part F of subtitle V of title 46". H. R. 1442--225 (2) In section 3134(b), strike
"the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.)" and substitute
"subtitle V of title 46". (3) In section 3313(a)--
(A) in the matter before paragraph (1), strike
"Except for the authority contained in section 3305(b) of this title, the" and substitute
"The"; and
(B) in paragraph (1), strike
"shall" and substitute
"shall, except for the authority contained in section 3305(b) of this title,". (h) TITLE 49.--Title 49, United States Code, is amended as follows: (1) In section 5122(c)(1), strike
"Secretary of the Treasury" and
"section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)" and substitute
"Secretary of Homeland Security" and
"section 60105 of title 46", respectively.
(2) In section 5901(3)(B), strike
"section 3 of the Shipping Act of 1984 (46 App. U.S.C. 1702)" and substitute
"section 40102 of title 46".
(i) MISCELLANEOUS.--Section 5501(a) of the Oceans Act of 1992 (Public Law 102–587, 106 Stat. 5084) is amended by adding the following:
"(3) The exceptions provided by paragraph (2) shall apply under section 55109 of title 46, United States Code, to the same extent as under former section 1 of the Act of May 28, 1906, as amended by paragraph (1).". SEC. 18. TRANSITIONAL AND SAVINGS PROVISIONS. (a) CUTOFF DATE.--This Act replaces certain provisions enacted on or before April 30, 2005. If a law enacted after that date amends or repeals a provision replaced by this Act, that law is deemed to amend or repeal, as the case may be, the corresponding provision enacted by this Act. If a law enacted after that date is otherwise inconsistent with this Act, it supersedes this Act to the extent of the inconsistency.
(b) ORIGINAL DATE OF ENACTMENT UNCHANGED.--For purposes of determining whether one provision supersedes another based on enactment later in time, the date of enactment of a provision enacted by this Act is deemed to be the date of enactment of the provision it replaced.
(c) REFERENCES TO PROVISIONS REPLACED.--A reference to a provision replaced by this Act is deemed to refer to the corresponding provision enacted by this Act.
(d) LAWS GOVERNING APPLICABILITY OF PRIOR AMENDMENTS.-- This Act does not affect any law governing the applicability of an amendment to a provision replaced by this Act, notwithstanding the repeal by this Act of the provision that was amended. To the extent that any such law governed the applicability of a provision replaced by this Act, that law governs the applicability of the corresponding provision enacted by this Act.
(e) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.--A regulation, order, or other administrative action in effect under a provision replaced by this Act continues in effect under the corresponding provision enacted by this Act.
(f) ACTIONS TAKEN AND OFFENSES COMMITTED.--An action taken or an offense committed under a provision replaced by this H. R. 1442--226 Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.