SEC. 6. Whoever willfully violates a regulation issued under this Act shall be fined not less than $1,000 nor more than $10,000 or imprisoned for not more than ten years, or both. [H.R. 15710, 91st Cong., second sess.] A BILL To amend title 14 of the United States Code to authorize the Secretary to control movement of vessels in navigable waters of the United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 91 of title 14, United States Code, is amended to read as follows: "CONTROL OF VESSEL MOVEMENTS "SEC. 91. (a) The Secretary may prescribe and enforce necessary and reasonable rules and regulations to control the anchorage and movement of any boat, vessel, or other craft, foreign or domestic, located in the navigable waters of the United States, so as to insure the safety and security of any vessel or fixed structure located in, over, or adjacent to such waters. Such rules and regulations may include, but shall not be limited to, size, operational capability, and time of movement of any such boat, vessel, or other craft, type and amount of cargo, size and arrangement of tows, and requirements as to notice of any and all of the foregoing. "(b) In the enforcement of such rules, regulations, or orders, the Secretary, with the consent of the head of the agency concerned, may utilize the personnel and facilities of any Federal agency or any State or political subdivision thereof. "(c) Any person who violates any rule or regulation prescribed hereunder, or any order authorized by such rule or regulation, shall be subject to a penalty of not more than $5,000 for each such violation. Any boat, vessel, or other craft which is used or employed in violation of any such rule, regulation, or order, shall be liable for a separate penalty of not more than $10,000, for which such boat, vessel, or other craft may be proceeded against summarily by way of libel in any district court of the United States having jurisdiction thereof." [Executive Communication 2071] Hon. JOHN W. MCCORMACK, THE SECRETARY OF TRANSPORTATION, Speaker of the House of Representatives, DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill, to promote the safety of ports, harbors, waterfront areas, and navigable waters of the United States. The proposed bill, which would implement a recommendation set forth in the President's message on oil spills, would authorize the Secretary of the Department in which the Coast Guard is operating to institute measures and issue regulations to safeguard vessels, harbors, ports, waterfront areas, waterfront facilities, and navigable waters from loss or damage or the threat thereof resulting from the operation of vessels and facilities, and to investigate accidents and casualties occurring on or involving such facilities. In 1950 the President, acting pursuant to the Magnuson Act, 50 United States Code 191, which authorizes him to make rules governing the movement, inspection and guarding of vessels, harbors, ports, and waterfront facilities in the United States upon a determination that our national security is endangered, issued Executive Order 10173. This order, as subsequently modified, is currently the basic authority for the Coast Guard's port security and safety programs. During the past twenty years ports, waterways, and waterfront facilities have continued to expand and tankers and other vessels have grown in size to accommodate an increasing flow of dangerous cargoes. New and complex problems resulting from these changes have gradually made it evident that action must be taken to improve our port security programs from the standpoint of public safety and environmental protection. Although Executive Order 10173 is manifestly linked with prevention of sabotage and subversive activity in our waterfront areas, there are numerous safety functions as well which are now carried out by the Coast Guard in its port security programs and which rest solely upon that Executive Order as the source of authority. These include, but are not limited to, the supervision and control of vessel movements to prevent damage to vessels or waterfront facilities, the imposition of conditions and restrictions regarding inspection, operation, maintenance, guarding, manning, ad fire prevention aboard vessels and in waterfront facilities, and the important task of supervision and control of the transportation, handling, loading, discharging, stowage and storage of explosives, inflammable or combustible materials and other dangerous articles or cargo. It is important that such functions be performed regardless of the international situation and that they be based upon permanent statutory authority which adequately reflects that need. The draft bill is designed to provide continuing general authority to protect vessels, structures, harbors, ports, and waterways from damage or loss resulting from causes other than subversive activity. Recent incidents such as vessels grounding or colliding with bridges and other structures, with the attendant risk of release of oil or other harmful substance, points up the need for the legislation. The favorable impact that more carefully supervised vessel traffic can have on the environment, specifically consonant with the recently enacted National Environmental Policy Act of 1969, Public Law 91-190, is apparent. The best possible solution to the oil pollution problem in the waterways of the United States, for example, is, of course, to prevent the oil from being discharged into the water in the first place. Reduction of vessel casualty risks through closer attention to vessel control and equipment in congested waters can make a significant contribution in that regard. The bill would also permit the establishment of safety zones wherein vessel traffic or other activities could be prohibited or curtailed for a particular reason or purpose, and usually for brief periods. A need might arise, for example, in the area of a collision or other accident, or to assure safety at a vessel launching or in connection with other special occasions. The draft bill contains provisions which make it clear that it will not hamper the right of innocent passage, as recognized in international law, in the territorial seas of the United States and that it would not apply in straits used for international navigation. The proposal would also streamline present enforcement procedures by authorizing investigations and hearings (including the power to subpoena witnesses and documents) and by instituting a system of civil penalties to supplement the criminal penalties. Such investigations would not only serve to determine the causes of casualties but would also contribute to the important functions of critically reviewing existing safety regulations with a view of modernizing them as needed and of making other recommendations to enhance the overall safety posture of our port facilities. Cities and municipalities which border on ports and harbors have placed considerable reliance on the Coast Guard's continuing ability to prevent and eliminate dangers which represent potential major disasters. This proposed legislation is necessary to insure continued justification for that reliance. At the same time, we would expect to continue to encourage greater involvement and allocation of resources by state and local port authorities. Though the regulatory authority of our proposal will assure appropriate federal coordination and general uniformity, the scope of the port safety task as well as unique local conditions and problems virtually compels local as well as as federal effort. Because the Coast Guard is now involved, in varying degree, in all of the functional areas addressed, enactment of the bill would have no immediate budgetary impact. Future costs will, of course, depend on the extent of activities found necessary to implement further the port safety function defined in the proposed bill. It would be appreciated if you would lay this proposal before the House of Representatives. A similar proposal has been submitted to the President of the Senate. The Bureau of the Budget has advised that enactment of this proposed legislation is in accord with the President's program. Sincerely, JOHN A. VOLPE. GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE, Hon. EDWARD A. GARMATZ, DEAR MR. CHAIRMAN: This is in further reply to your request for the views of this Department concerning H.R. 17830, a bill to promote the safety of ports, harbors, waterfront areas, and navigable waters of the United States. H.R. 17830, introduced at the request of the Department of Transportation, would authorize the Secretary of the Department in which the Coast Guard is operating to institute measures and issue regulations to safeguard United States vessels, harbors, ports, waterfront areas, waterfront facilities, and waters from loss or damage or the threat thereof resulting fom the operation of vessels and facilities, and to investigate accidents and casualties occurring on or near such facilities. This Department would defer to the views of the Department of Transportation concerning this bill. We have been advised by the Office of Management and Budget that there would be no objection to the submission of our report to the Congress from the standpoint of the Administration's program. Sincerely, WILLIAM E. MURANE, GENERAL COUNSEL OF THE Department of COMMERCE, Hon. EDWARD A. GARMATZ, Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: This is in further reply to your request for the views of this Department with respect to H.R. 15710, a bill "To amend title 14 of the United States Code to authorize the Secretary to control movement of vessels in navigable waters of the United States." Section 91 of title 14, United States Code generally provides that the United States Coast Guard shall control the anchorage and movement of any vessel in the territorial waters of the United States so as to insure the safety or security of United States Naval vessels. H.R. 15710 would amend section 91 to authorize the Secretary of Transportation to prescribe and enforce necessary and reasonable rules and regulations to control the anchorage and movement of any vessel in the navigable waters of the United States so as to insure the safety and security of any vessel or fixed structure located in, over or adjacent to such waters. In the enforcement of such rules and regulations, the Secretary, with the consent of the head of the agency concerned, would be authorized to utilize the personnel and facilities of any Federal agency or any State or political subdivision thereof. Violations would be punishable by a fine of not more than $5,000 levied against the person, and a separate penalty of not more than $10,000 against the vessel. At the present time the responsibility for the anchorage and movement of merchant vessels on the navigable waters of the United States comes within the jurisdiction of the Coast Guard. We understand that United States naval vessels are not subject to this jurisdiction. This Deparment has no special knowledge as to the need or desirability of the amendments proposed by H.R. 15710. As to its application to merchant vessels, we defer to the Department of Transportation. As to the applicaton of the bill to United States naval vessels, we defer to those Departments directly affected. We have been advised by the Bureau of the Budget that there would be no objection of the submission of this report from the standpoint of the Administration's program. Sincerely, JAMES T. LYNN, General Counsel. Hon. EDWARD A. GARMATZ, DEPARTMENT OF THE NAVY, Washington, D.C., July 23, 1970. Chairman, Committee on Merchant Marine and Fisheries, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: Your request for comment on H.R. 17830, a bill "To promote the safety of ports, harbors, waterfront areas, and navigable waters of the United States," has been assigned to this Department by the Secretary of Defense for the preparation of a report expressing the views of the Department of Defense. The purpose of this bill is to promote safe and efficient maritime transportation and the safety and environmental quality of the ports and navigable waters of the United States. The bill would authorize the Secretary of the department in which the Coast Guard is operating to prescribe measures designed to protect the navigable waters of the United States, resouces therein, and vessels or structures in or on such waters. The Secretary would also be authorized to investigate incidents involving damages to any facilities subject to this act or which may affect the safety of the ports or navigable waters of the United States. Finally, a penalty is provided against persons or vessels who violate a regulation issued under this act. It is noted that the penalty provisions of the bill are so worded that they could be construed to include military serving on public vessels thereby subjecting them to a civil liability and resulting monetary penalties. Such a provision could have an adverse effect on military operational readiness and morale. Subject to the foregoing comment, the Department of the Navy, on behalf of the Department of Defense, defers to the views of the Department of Transportation on H.R. 17830. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Office of Management and Budget advises that, from the standpoint of the Administration's program, there is no objection to the presentation of this report on H.R. 17830 for the consideration of the Committee. For the Secretary of the Navy. LANDO W. ZECH, JR., Captain, U.S. Navy, Hon. EDWARD A. GARMATZ, DEPARTMENT OF THE NAVY, Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: Your request for comment on H.R. 15710, a bill “To amend title 14 of the United States Code to authorize the Secretary to control movement of vessels in navigable waters of the United States," has been assigned to this Department by the Secretary of Defense for the preparation of a report thereon expressing the views of the Department of Defense. This bill would amend section 91 of title 14, United States Code, to authorize the Secretary of the department in which the Coast Guard is operating to prescribe rules to control the anchorage and movement of any vessel in the navigable waters of the United States. The purpose of the rules would be to insure the safety of vessels in or adjacent to the navigable waters. The rules could include size, operational capability, and time of movement of vessels and the amount of cargo, size and arrangement of tows. The bill also provides that the Secretary, with consent of the agency concerned, may use the personnel and facilities of any Federal or State agency to enforce the rules. A penalty against persons or vessels is provided for violation of any prescribed rules. In order to make it clear that the provisions of this bill will not hamper the right of innocent passage, as recognized in international law, in the territorial seas of the United States and that it would not apply in straits used for international navigation, it is recommended that the following new subsection (b) be inserted after line 6 on page 2 of the bill and that the present subsections (b) and (e) be redesignated (c) and (d): "(b) This Act does not apply to foreign vessels in transit through straits used for international navigation; nor is it to be applied in other territorial seas to hamper the right of innocent passage as recognized under international law." The provision of the bill which authorizes utilization of personnel and facilities of Federal and State agencies appears to duplicate that found in 14 U.S.C. 141. With respect to the use of such authority, it should be understood that the Department of Defense cannot support the allocation of assets for routine policing of territorial waters at the present expected funding levels. It is noted that the section of the bill providing penalties for violation of the prescribed rules is so worded that it could be construed to include personnel of the armed forces, thereby subjecting them to a civil liability and resulting monetary penalties. Such a provision could have an adverse effect on military operational readiness and morale. It is recommended that the specific authority for naval commanders to insure the safety and security of their commands as now set forth in the following language from the present section 91 be added to the bill at the end of line 6, page 2. "In territorial waters of the United States where immediate action is required, or where representatives of the Coast Guard are not present, or not present in sufficient force to exercise effective control of shipping as provided herein, the senior naval officer present in command of any naval force may control the anchorage or movement of any vessel, foreign or domestic, to the extent deemed necessary to insure the safety and security of his command.” When the Coast Guard was transferred from the Department of the Treasury to Transportation, it was assigned responsibility for vessels, anchorages, draw bridge operating regulations, obstructive bridges, tolls, prevention of pollution of the sea by oil, and location and clearance of bridges and causeways on navigable waters. All these duties formerly were assigned to the Army Corps of Engineers. The Navy by custom and without the benefit of any legislative immunity has always observed regulations issued under these statutes. In the administration of such regulations, there has been close cooperation and coordination where Navy interests were involved both under Army administration as well as under the Coast Guard. In the event H.R. 15710 is eancted, it would certainly be the intention of the Department of Defense to continue to cooperate fully in the administration of any rules and regulations issued thereunder. Subject to the above comments, the Department of the Navy, on behalf of the Department of Defense, interposes no objection to the enactment of H.R. 15710. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Office of Management and Budget advises that, from the standpoint of the Administration's program, there is no objection to the presentation of this report on H.R. 15710 for the consideration of the Committee. For the Secretary of the Navy. LANDO W. ZECH, Jr., Captain, U.S. Navy, Deputy Chief. Hon. EDWARD A. GARMATZ, DEPARTMENT OF STATE, Washington, D.C., August 7, 1970. Chairman, Committee on Merchant Marine and Fisheries, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: The Secretary has asked me to reply to your letter of July 23, 1970 requesting comment on H.R. 17830, a bill "To promote the safety of ports, harbors, waterfront areas, and navigable waters of the United States." The Department of State has no objection to the proposed legislation from the standpoint of foreign policy. The Office of Management and Budget advises that from the standpoint of the Administration's program there is no objection to the submission of this report. Sincerely yours, Hon. EDWARD A. GARMATZ, DAVID M. ABSHIRE, Asistant Secretary, for Congressional Relations. OFFICE OF THE SECRETARY OF TRANSPORTATION, Chairman, Committee on Merchant Marine and Fisheries, House of Representatives, Washington, DC. DEAR MR. CHAIRMAN: This is in response to your request for our views on H.R. 15710 (and H.R. 16009), a bill “To amend title 14 of the United States Code to authorize the Secretary to control movement of vessels in navigable waters of the United States." The proposed bill would amend section 91 of title 14 to authorize the Secretary of the Department in which the Coast Guard is operating to regulate the movement and anchorage of any vessel in the navigable waters for the purpose of |