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October 2006 amendment of the Bankruptcy Code (Pub. L. 109-304)

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Act of Oct. 6, 2006, Pub. L. No. 109-304, 120 Stat. 1485

An Act To complete the codification of title 46, United States Code, “Shipping”, as positive law

One Hundred Ninth Congress, Session II · Approved October 6, 2006

This is an unofficial transcription, prepared by Robert J. Pfister for ease of reading and copying. The authoritative text is the United States Statutes at Large.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1.Table of contents.
Sec. 2.Purpose; conformity with original intent.
Sec. 3.Title analysis.
Sec. 4.Subtitle I of title 46.
Sec. 5.Subtitle II of title 46.
Sec. 6.Subtitle III of title 46.
Sec. 7.Subtitle IV of title 46.
Sec. 8.Subtitle V of title 46.
Sec. 9.Subtitle VI of title 46.
Sec. 10.Subtitle VII of title 46.
Sec. 11.Subtitle VIII of title 46.
Sec. 12.Maritime Administration.
Sec. 13.Amendments relating to Maritime Security Act of 2003.
Sec. 14.Amendments to partially restated provisions.
Sec. 15.Additional amendments to title 46.
Sec. 16.Recreational boating safety technical amendments.
Sec. 17.Conforming amendments to other laws.
Sec. 18.Transitional and savings provisions.
Sec. 19.Repeals.

SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT.

(a) Purpose.—The purpose of this Act is to complete the codification of title 46, United States Code, “Shipping”, as positive law, by reorganizing and restating the laws currently in the appendix to title 46.

(b) Conformity With Original Intent.—In the codification of laws by this Act, the intent is to conform to the understood policy, intent, and purpose of the Congress in the original enactments, with such amendments and corrections as will remove ambiguities, contradictions, and other imperfections, in accordance with section 205(c)(1) of House Resolution No. 988, 93d Congress, as enacted into law by Public Law 93-554 (2 U.S.C. 285b(1)).

SEC. 3. TITLE ANALYSIS.

The title analysis of title 46, United States Code, is amended to read as follows:

“SubtitleSec.
“I.GENERAL101
“II.VESSELS AND SEAMEN2101
“III.MARITIME LIABILITY30101
“IV.REGULATION OF OCEAN SHIPPING40101
“V.MERCHANT MARINE50101

[120 Stat. 1486–1705 omitted (220 pages)]

(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)—

(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

[120 Stat. 1708–1717 omitted (10 pages)]

Reorganization Plans

Statutes at Large
YearPlan No.SectionVolumePage
19496631069
195021201, 203, 204641276
19617101–105, 201, 301, 30275840, 842

Approved October 6, 2006.