To complete the codification of title 46, United States Code, "Shipping", as positive law.
Latest Action
Became Public Law No: 109-304.
Official Summary
(This measure has not been amended since it was reported to the House on July 14, 2005. The summary of that version is repeated here.) Declares that the purpose of this Act is to enact into positive law title 46 of the United States Code, entitled "Shipping." Sets forth organizational and administrative provisions regarding the Federal Maritime Commission (FMC). Amends federal shipping law to require, upon the request of the Secretary of Defense, the head of an agency responsible for the administration of navigation or vessel-inspection laws to waive compliance with such laws in the interest of national defense. Exempts cargo on a vessel from forfeiture if: (1) the cargo is owned in good faith by a person not the owner, master, or crewmember of the vessel; and (2) the customs duties on the cargo have been paid. Sets forth a civil penalty (if no penalty exists) for persons convicted of violating a regulation or order of the FMC or the Secretary of Transportation. Makes technical and conforming amendments and sets forth requirements with respect to: (1) documentation of vessels; (2) maritime liability; (3) regulation of ocean shipping, including shipping in foreign trade; (4) the Merchant Marine and the Merchant Marine Service; (5) clearance of, and tonnage taxes and duties levied against, vessels; (6) maritime security and drug enforcement; (7) vessel wrecks and salvage; (8) ice patrol and the destruction or removal of vessel derelicts; (9) safe containers for international cargo; and (10) the Maritime Administration in the Department of Transportation. Amends various federal maritime laws to require the Secretary of Homeland Security (currently, the Secretary of the Treasury) to withhold or revoke clearance of a vessel that has committed certain maritime violations. Repeals specified shipping laws.
GovScope Watchdog™
AI Government Intelligence™This law completes the codification of Title 46 of the United States Code, which governs shipping, into positive law. It organizes and updates federal maritime regulations, including provisions related to the Federal Maritime Commission, vessel documentation, maritime liability, ocean shipping regulation, maritime security, and enforcement mechanisms. The law also authorizes the Secretary of Defense to request waivers of navigation or vessel-inspection laws for national defense purposes and exempts certain cargo from forfeiture. It transfers certain enforcement responsibilities to the Secretary of Homeland Security and repeals outdated shipping laws.
The law modernizes and consolidates U.S. maritime shipping regulations into positive law, enhancing clarity and enforcement authority while supporting national defense and maritime security.
- Enacts Title 46 of the U.S. Code, 'Shipping,' as positive law to clarify and organize maritime statutes.
- Allows the Secretary of Defense to request waivers of navigation or vessel-inspection laws for national defense.
- Establishes civil penalties for violations of Federal Maritime Commission or Secretary of Transportation regulations where none existed.
- Transfers authority to the Secretary of Homeland Security to withhold or revoke vessel clearance for maritime violations.
- Repeals certain outdated shipping laws and updates provisions on vessel documentation, maritime liability, and security.
['Federal Maritime Commission', 'Secretary of Defense', 'Secretary of Homeland Security', "Department of Transportation's Maritime Administration", 'Shipping industry stakeholders including vessel owners and operators', 'Customs and maritime enforcement agencies']
['Implementation complexity in coordinating waivers for national defense across agencies.', 'Potential administrative burden in enforcing new civil penalties and clearance revocations.', 'Oversight challenges in ensuring proper use of waiver authority and enforcement powers.', 'Costs associated with updating regulations, documentation, and enforcement procedures.']
The bill was reported to the House in 2005 and signed into law in 2006 as Public Law No: 109-304. It reflects a legislative effort to modernize and codify maritime shipping laws comprehensively, aligning enforcement authority with evolving federal agency structures, including the transfer of certain responsibilities to the Department of Homeland Security.
Hidden impact flags detected: 2
GovScope reviewed 2 policy-risk categories. Hover for a quick definition. Click detected flags for bill-specific details.
['Improved clarity and consolidation of maritime laws may reduce legal ambiguities for shipping industry stakeholders.', 'Enhanced enforcement authority could lead to more consistent compliance with maritime regulations.', 'The waiver provision for national defense may facilitate rapid operational adjustments during defense-related activities.', 'Shifting enforcement responsibilities to the Department of Homeland Security may affect interagency coordination and resource allocation.']
The bill consolidates and updates maritime shipping laws, which improves legal clarity but introduces new enforcement authorities and waiver provisions that require careful oversight. Transparency in the use of waiver authority and enforcement actions by the Secretary of Homeland Security will be important to monitor. The absence of full bill text limits detailed analysis of specific provisions and their implementation mechanisms.
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