-CITE-
    46 USC TITLE 46 - SHIPPING                                  01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    
-HEAD-    
                            TITLE 46 - SHIPPING                        


-MISC1-
    THIS TITLE WAS ENACTED BY PUB. L. 98-89, SEC. 1, AUG. 26, 1983, 97
    STAT. 500; PUB. L. 99-509, TITLE V, SUBTITLE B, SEC. 5101, OCT. 21,
     1986, 100 STAT. 1913; PUB. L. 100-424, SEC. 6, SEPT. 9, 1988, 102
    STAT. 1591; PUB. L. 100-710, TITLE I, SEC. 102, NOV. 23, 1988, 102
         STAT. 4738; PUB. L. 109-304, OCT. 6, 2006, 120 STAT. 1485

                                                                
    Subtitle                                                         Sec.
    I.      GENERAL                                                  101
    II.     VESSELS AND SEAMEN                                      2101
    III.    MARITIME LIABILITY                                     30101
    IV.     REGULATION OF OCEAN SHIPPING                           40101
    V.      MERCHANT MARINE                                        50101
    VI.     CLEARANCE, TONNAGE TAXES, AND DUTIES                   60101
    VII.    SECURITY AND DRUG ENFORCEMENT                          70101
    VIII.   MISCELLANEOUS                                          80101

                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 3, Oct. 6, 2006, 120 Stat. 1485,
    amended title analysis generally, adding item IV, substituting
    "50101" for "53101" in item V, adding item VI, substituting
    "SECURITY AND DRUG ENFORCEMENT" for "MISCELLANEOUS" in item VII,
    and adding item VIII.
      Pub. L. 109-241, title IX, Sec. 901(k)(2), July 11, 2006, 120
    Stat. 565, redesignated item VI "MISCELLANEOUS" as item VII.
      2003 - Pub. L. 108-136, div. C, title XXXV, Sec. 3531(b), Nov.
    24, 2003, 117 Stat. 1817, added item V.
      2002 - Pub. L. 107-295, title I, Sec. 102(b), Nov. 25, 2002, 116
    Stat. 2084, added item VI.
      1988 - Pub. L. 100-710, title I, Sec. 102(b), Nov. 23, 1988, 102
    Stat. 4738, amended title analysis generally, substituting
    "GENERAL" for "[Reserved - general]" in item I and adding item III.



                             DISPOSITION TABLE                         
      (SHOWING DISPOSITION OF FORMER SECTIONS OF TITLE 46 OR TITLE 46
                                 APPENDIX)
    --------------------------------------------------------------------
     Title 46 or Title 46 Appendix                  Title 46            
                                                  New Sections          
            Former Sections                                             
    --------------------------------------------------------------------
    1                                  Rep.                             
    2                                  2103                             
    3 note prec. (Act 12-27-1950,      501                              
     Secs. 1, 2)                                                        
    3                                  Rep.                             
    4                                  2105                             
    5, 6                               Rep.                             
    7                                  2107                             
    8                                  2108                             
    9(a), (b)                          3316                             
    9(c)                               Rep.                             
    9(d)                               3316                             
    11, 12                             Rep.                             
    13                                 Rep.                             
    14 (words before last proviso)     12107                            
    14 (last proviso)                  12151                            
    15-41                              Rep.                             
    42                                 60103                            
    43-56                              Rep.                             
    57                                 60102                            
    58                                 Rep.                             
    59                                 Rep.                             
    60-63                              Rep.                             
    65(1)                              2101(10)                         
    65(2)                              2101(11)                         
    65(3)                              2101(34)                         
    65a                                12113                            
    65b                                12102                            
    65c                                12114                            
    65d                                12115                            
    65e                                12103                            
    65f                                12116                            
    65g                                12104                            
    65h                                12105                            
    65i                                12106                            
    65j                                12107                            
    65k                                12108                            
    65l                                12109                            
    65m                                12110                            
    65n                                12122                            
    65o                                12111                            
    65p                                12112                            
    65q                                12117                            
    65r                                12118                            
    65s                                12119                            
    65t                                12120                            
    65u                                2107, 12122(a)                   
    65v(1)                             2104                             
    65v(2)                             12121                            
    65w                                12101                            
    71                                 12102, 14102, 14104, 14501,      
                                        14502, 14504, 14511, 14521, 14522
    72                                 14503                            
    73, 74                             Rep.                             
    75                                 14512                            
    76                                 Rep.                             
    77                                 14502, 14512                     
    78, 79                             Rep.                             
    80                                 (See former 660-1)               
    81                                 14306                            
    82                                 3101                             
    83                                 14502, 14513                     
    83a-83g                            14513                            
    83h                                14102                            
    83i                                14702                            
    83j                                14701                            
    83k                                2107                             
    85-85g                             Rep.                             
    86                                 5114, 5115                       
    86a                                5101                             
    86b                                5102                             
    86c                                5102, 5103, 5104, 5106           
    86d                                5107                             
    86e                                5108                             
    86f                                5109                             
    86g                                5112                             
    86h                                5113                             
    86i                                5116                             
    88                                 5102                             
    88a                                5104, 5108                       
    88b                                5103, 5107                       
    88c                                5112                             
    88d                                5109                             
    88e                                5112                             
    88f                                5113                             
    88g                                5116                             
    88h, 88i                           Rep.                             
    91                                 60105                            
    91a-96                             Rep.                             
    97                                 60106                            
    98                                 60109                            
    99                                 Rep.                             
    100                                60107                            
    101, 102                           Rep.                             
    103                                Rep.                             
    104                                60504                            
    105-110                            Rep.                             
    111                                Elim.                            
    112, 113                           Rep.                             
    121 (1st sentence)                 60302                            
    121 (2d sentence)                  60301                            
    121 (3d sentence related to        60305                            
     distress)                                                          
    121 (3d sentence related to        60306                            
     trade)                                                             
    121 (4th sentence)                 60302                            
    121 (5th sentence words before     60302                            
     semicolon)                                                         
    121 (5th sentence words after      60304                            
     semicolon)                                                         
    121 (last sentence words           60312                            
     before semicolon)                                                  
    121 (last sentence words after     60302                            
     semicolon)                                                         
    122                                60307                            
    123                                60308                            
    124                                60309                            
    125                                60310                            
    126, 127                           Rep.                             
    128, 129                           60303                            
    130, 131                           Rep.                             
    132                                60301                            
    133, 134                           60311                            
    135                                60312                            
    141                                60503                            
    142                                60505                            
    143                                60506                            
    144, 145                           60507                            
    146                                60502                            
    151-162                            Rep.                             
    163                                60101                            
    170                                3306(a)(5), Rep. in part         
    170(14)                            2106                             
    170a, 170b                         Rep.                             
    171-175                            Rep.                             
    178, 179                           Rep.                             
    181                                30503                            
    182                                30504                            
    183(a)                             30505                            
    183(b) (1st sentence)              30506                            
    183(b) (last sentence)             30507                            
    183(c)-(e)                         30506                            
    183(f) (related to 46              30506                            
     App.:183(b)-(e))                                                   
    183(f) (related to 46              30508                            
     App.:183b)                                                         
    183(g)                             30510                            
    183a                               Rep.                             
    183b                               30508                            
    183c                               30509                            
    184                                30507                            
    185                                30511                            
    186                                30501                            
    187                                30512                            
    188                                30502                            
    189                                30505                            
    190                                30704                            
    191                                30705                            
    192                                30706                            
    193                                30703                            
    194                                30707                            
    195                                30702                            
    196                                Rep.                             
    201                                11301                            
    202                                11302                            
    203                                11303                            
    211                                8501(a)                          
    212                                8501(b)                          
    213                                8501(c), (e)                     
    214                                7101                             
    214(c)                             7106                             
    215                                8501(d), 8502                    
    216(a)                             9301(2)                          
    216(b)                             2101(34)                         
    216(c)                             9301(3)                          
    216(d)                             9301(1)                          
    216(e), (f)                        Rep.                             
    216a                               9302(a), (b), (d)                
    216b(a)-(c)                        9303                             
    216b(d)                            9305                             
    216b(e)                            9304                             
    216c                               9303                             
    216d                               9305                             
    216e(a)-(c)                        9308                             
    216e(d)                            2107                             
    216e(e)                            2106                             
    216f                               9302(c)                          
    216g                               9306                             
    216h                               9307                             
    216i                               Rep.                             
    221                                8103                             
    222                                8101                             
    223                                8301                             
    224                                7101, 8101                       
    224a                               8303, 8304                       
    224a(2)                            7111                             
    225                                7106, 7109, 7113                 
    226                                7101, 7106, 7703                 
    227                                Rep.                             
    228                                7101, 7106, 7703                 
    229                                7101, 7106, 7703                 
    229a                               7101, 7103                       
    229b                               7101, 7103                       
    229c                               7106, 7108, 7318                 
    229d                               Rep.                             
    229e                               7105                             
    229f                               7110                             
    229g                               7103, 7318                       
    229h                               Rep.                             
    230                                7112                             
    231                                7105                             
    232                                7110                             
    233                                7109                             
    234                                3315                             
    235                                8104                             
    236                                8103                             
    237, 238                           Rep.                             
    239                                6101, 6301, 7703                 
    239(d)                             6303                             
    239(e)                             6304, 7705                       
    239(f)                             6304                             
    239(g)                             6305, 7701                       
    239(i)                             6306                             
    239(j)                             6301, 6307                       
    239(k)                             6305                             
    239a(a)                            7503(a), 7704(a)                 
    239a(b)                            2101(34)                         
    239a(c)                            7302                             
    239b(a)                            7503(b)                          
    239b(b)                            7704(b), (c)                     
    240                                7703                             
    241                                8304                             
    242                                7101, 7102, 8302(a)-(d)          
    243                                7101, 7104, 7107, 7108           
    244                                7101, 7105                       
    245                                8302(g), (h)                     
    246(a)                             8302(a)-(d)                      
    246(b)                             Rep.                             
    246(c)                             7703                             
    247                                7101                             
    248                                8302                             
    249-249c                           Rep.                             
    251, 251a                          55114                            
    251b                               Rep.                             
    252-262                            Rep.                             
    263-276                            Rep.                             
    277                                12133                            
    278-288                            Rep.                             
    289                                55103                            
    289a, 289b                         55121                            
    289c                               55104                            
    290                                Rep.                             
    291                                55120                            
    292                                55109                            
    293-293b                           Rep.                             
    294-315                            Rep.                             
    316(a), (b)                        55111                            
    316(c)                             55118                            
    316(d), (e)                        80104                            
    316a                               55112                            
    317, 318                           Rep.                             
    319                                T. 19 Sec. 1706a                 
    320-325                            Rep.                             
    326                                502                              
    327                                503                              
    328                                Rep.                             
    329, 330                           Rep.                             
    331                                2110                             
    332-336                            Rep.                             
    351-353                            Rep.                             
    354, 355                           60104                            
    361                                2101(16), (37)                   
    362                                2109, 3301(9), 3314              
    362(a)                             3303                             
    362(b)                             3504                             
    362(c)                             3505                             
    363                                2109                             
    364                                8502                             
    365                                Rep.                             
    366                                3306                             
    367                                2101(16), (33), 2303, 3301(7),   
                                        3302                            
    369                                3305, 3306, 3316                 
    369(b)                             3503                             
    369(e)                             3318                             
    371                                Rep.                             
    372                                2103                             
    373-374a                           Rep.                             
    375                                3306                             
    376-382a-1                         Rep.                             
    382b                               2104, 2111, 2112                 
    382b-1                             3317(b)                          
    382c-385                           Rep.                             
    390                                3302, 3304                       
    390(a)                             2101(21)(B)                      
    390(b)                             2101(35)                         
    390(d)                             2101(34)                         
    390(e)                             2101(13)                         
    390(f)                             2101(27)                         
    390(g)                             2101(30)                         
    390(h)                             2101(28)                         
    390(i)                             2101(29)                         
    390a                               3301(4), (5), (8), 3305          
    390a(a)                            3307(2)                          
    390a(b)                            3317(a), 7114                    
    390b                               3306, 8901, 8902                 
    390c                               3303(a), 3309, 3311              
    390c(b), (c)                       3313                             
    390d                               2106, 3318(a), 8906              
    390e-390g                          Rep.                             
    391                                3301(1), (4), (9), 3304, 3305    
    391(b)                             3307(3)                          
    391(c)                             2101(22), 3307(1)                
    391(e)                             3302                             
    391a                               3301(10), 3702, 8502             
    391a(2)(A)                         2101(9)                          
    391a(2)(B)                         2101(12)                         
    391a(2)(C)                         2101(14)                         
    391a(2)(D)                         2101(15)                         
    391a(2)(E)                         2101(20)                         
    391a(2)(F)                         3701(4)                          
    391a(2)(G)                         2101(24)                         
    391a(2)(H)                         2101(5)                          
    391a(2)(I)                         2101(34)                         
    391a(2)(J)                         3701(5)                          
    391a(2)(K)                         3701(6)                          
    391a(2)(L)                         2101(46)                         
    391a(2)(M)                         2101(38)                         
    391a(2)(N)                         2101(8)                          
    391a(2)(O)                         2101(23)                         
    391a(2)(P)                         3701(2)                          
    391a(2)(Q)                         3701(3)                          
    391a(2)(R)                         3701(1)                          
    391a(2)(S)                         2101(7)                          
    391a(3)                            2101(39), 2301, 3303, 3702(a)    
    391a(4)                            2109                             
    391a(4)(B)                         8703(c)                          
    391a(5)                            3702                             
    391a(6)                            3703                             
    391a(7)                            3704-3709                        
    391a(8)                            3309, 3313                       
    391a(8)(A)                         3710, 3712                       
    391a(8)(B)                         3711, 3712                       
    391a(8)(C)                         3711                             
    391a(8)(D)                         3710                             
    391a(8)(E)                         3710, 3711                       
    391a(9)                            9102                             
    391a(10)(A)                        8703(a)                          
    391a(10)(B)                        9101(b)                          
    391a(10)(C)                        7317, 8703(b)                    
    391a(10)(D)                        Rep. See 7701 et seq.            
    391a(11)                           9101(a)                          
    391a(12)                           3703                             
    391a(13)                           3713                             
    391a(14)                           2107, 3718                       
    391a(14)(C)                        2106                             
    391a(15)                           3714                             
    391a(16)                           3717                             
    391a(17)                           3715                             
    391a(18)                           3716                             
    391b                               Rep.                             
    392                                3304-3306                        
    392(b)                             3307(3)                          
    393, 394                           Rep.                             
    395                                3301(6), 3305, 3311              
    395(d)                             3309                             
    395(e)                             2101(32)                         
    396, 397                           Rep.                             
    398                                3318                             
    399                                3309, 3311, 3314                 
    400                                3312                             
    401, 402                           Rep.                             
    403                                3318                             
    404                                2101(13), (16), (17), 3301(1),   
                                        3302, 3306, 3307                
    404-1                              3301(3), 3305, 3501              
    404-1(1)                           2101(19)                         
    404-1(4)                           2101(21)(C)                      
    404-1(6)                           3307(2), (3)                     
    404-1(8)                           8301                             
    404a                               Rep.                             
    405                                2101(40), 3301(9), 3305          
    405(b)                             8104                             
    405(b)(1)(A)                       2101(34)                         
    405(b)(2)                          8904                             
    405(b)(3)                          8905(b)                          
    406                                3305                             
    407                                3305, 3318                       
    408                                3305, 3306, 3318                 
    409                                Rep.                             
    410                                3318                             
    411, 412                           3306                             
    413                                3318                             
    414                                3310, 7502                       
    415                                Rep.                             
    416                                2104, 3306                       
    417                                (See former 416)                 
    418, 419                           Rep.                             
    420                                3302, 3306                       
    431-434                            Rep.                             
    435                                3308, 3313                       
    436                                2106, 3318                       
    437-440                            Rep.                             
    441(1)                             2101(18), 50503                  
    441(2)                             2101(31), 50503                  
    442                                3302                             
    443                                50503                            
    444                                8701, 50503                      
    445                                2113, 3306                       
    446-446c                           50504                            
    446 note (Pub. L. 97-322, Sec.     Rep.                             
     201)                                                               
    446d                               8101                             
    451                                3501                             
    452                                3501(b), (c)                     
    453                                2113                             
    454-457                            T. 33 Secs. 1233-1236            
    458                                Rep.                             
    459                                3306                             
    460, 460a, 461                     3502                             
    462                                2106, 3501, 3502                 
    463, 463a, 464                     Rep.                             
    465                                (See former 170)                 
    466                                Rep.                             
    466a                               3901                             
    466b                               3902                             
    466c                               T. 15 Sec. 1824a                 
    467-469                            Rep.                             
    470, 471                           8102                             
    472                                Rep.                             
    473                                3306                             
    474-476                            Rep.                             
    477-479                            3306                             
    480                                2301                             
    481                                2106, 3306                       
    481(a)                             2101(34)                         
    481(c)                             2106                             
    481(d)                             3318                             
    482, 483                           3306                             
    484-488                            Rep.                             
    489                                3306                             
    490                                Rep.                             
    491 (words before semicolon)       30102                            
    491 (words after semicolon)        30103                            
    492                                3506                             
    493-496                            Rep.                             
    497                                2106, 3318, 8502                 
    498                                Rep.                             
    511-522                            Rep.                             
    526                                2101(43)                         
    526a-526d                          Rep.                             
    526e                               4102(b)                          
    526f                               Rep.                             
    526g                               4102(a)                          
    526h                               4103                             
    526i                               4102(c)                          
    526j                               4102(d)                          
    526k-526n                          Rep.                             
    526o                               2106, 2107, 4106                 
    526p                               2107, 3306, 4104                 
    526q-526t                          Rep.                             
    526u                               4101                             
    527-527h                           Rep.                             
    531                                10601                            
    532                                Rep. See 11501                   
    533, 534                           10602                            
    541-542a                           Rep.                             
    543                                2104                             
    544, 545                           Rep.                             
    546                                10102                            
    547-549                            Rep.                             
    561, 562                           Rep.                             
    563                                11110                            
    564                                10301, 10302                     
    565                                10305                            
    566                                10301                            
    567, 568                           10321                            
    569                                10309                            
    570                                10308                            
    571                                10321                            
    572, 573                           Rep.                             
    574                                10301, 10501, 10502              
    575                                10508                            
    576                                10509                            
    577                                10307                            
    578                                11107                            
    579                                Rep.                             
    591                                10313(a)                         
    592                                10313(b)                         
    593                                10313(b)                         
    594                                10313(c)                         
    595                                10313(d)                         
    596                                10313(e)-(i), 10504              
    597                                2101(12), 10313(e)-(i), 10504    
    598                                10313(e), 10504(a), (d), 10505(d)
    599                                2101(12), 10314, 10315, 10505,   
                                        10506                           
    599(g)                             10316                            
    600                                10317                            
    601                                11108, 11109                     
    602                                11111                            
    603-608, 611                       Rep.                             
    621                                10701, 10702                     
    622                                10703                            
    623                                10711                            
    624                                10704, 10705                     
    625                                10706                            
    626                                10707                            
    627                                10709                            
    628                                10708, 10710                     
    641, 642                           10310                            
    643                                8701, 8702, 10102(c), 10311,     
                                        10503                           
    643(a)                             7302, 7303, 7318                 
    643(b)                             7304                             
    643(c)                             7302, 10306                      
    643(e)                             10311                            
    643(f)                             7319, 7502                       
    643(h)                             7501                             
    643(l)                             7316, 10103                      
    643a                               8701                             
    643b                               Rep.                             
    644                                10312(a), (b), (d)-(f)           
    645, 646, 651                      Rep.                             
    652                                10312(c)                         
    653                                10901, 10902(a), 10907           
    654                                10901, 10903(a), (b)             
    655                                10901, 10904                     
    656                                10901, 10905                     
    657                                10905                            
    658                                10901, 10906, 10908              
    659                                10903(c)                         
    660                                10903(d)                         
    660-1                              11101                            
    660a                               3305, 3308                       
    660b                               3308                             
    661                                10321                            
    662                                10902(b)                         
    663                                Rep.                             
    664                                10907                            
    665                                10321, 11106(b)-(d)              
    666                                11102(a)                         
    667                                11102(b)                         
    668, 669                           Rep.                             
    670, 671                           11103                            
    672                                8701, 8702                       
    672(a)                             2101(34)                         
    672(b)                             7306                             
    672(b)(1)                          7307                             
    672(b)(2)                          7308                             
    672(b)(3)                          7309, 7310                       
    672(b)(4)                          7311                             
    672(c)                             7301, 7315                       
    672(d)                             8702(d)                          
    672(e)                             8702(b), (c)                     
    672(f)                             7312                             
    672(g)                             7313, 7314                       
    672(h)                             8103                             
    672(i)                             7302                             
    672(j)                             2106, 8702(e)                    
    672-1, 672-2                       Rep.                             
    672a                               8103                             
    672b, 672b-1, 672c                 Rep.                             
    673                                8104                             
    674-677                            Rep.                             
    678                                11104(a)                         
    679                                11104(b)-(d)                     
    680, 681                           Rep.                             
    682                                10318, 10507                     
    683                                10318, 10507                     
    684                                11105                            
    685                                11106(a)                         
    686, 687                           Rep.                             
    688(a)                             30104                            
    688(b)                             30105                            
    689                                2103, 2104                       
    690                                8103                             
    691                                Sec. 2(f) of Pub. L. 98-89       
    692                                Rep.                             
    701                                11501                            
    702                                11502                            
    703                                11503                            
    704                                T. 18 Sec. 2196                  
    705                                11504                            
    706                                11505                            
    707                                10319                            
    708                                T. 18 Sec. 2279                  
    709                                Rep.                             
    710                                11506                            
    710a                               Rep.                             
    710b                               (See former 239a)                
    710c                               (See former 239b)                
    711                                Rep.                             
    712                                11507                            
    713                                10101, 10303, 10304              
    721                                80101                            
    722, 723                           80103                            
    724                                80102                            
    725                                80105                            
    726                                80106                            
    727                                80107                            
    728                                2304                             
    729, 730                           80107                            
    731                                2304, 80107                      
    732-735                            Rep.                             
    738                                80301                            
    738a                               80302                            
    738b                               Rep.                             
    738c                               80303                            
    738d                               Rep.                             
    740                                30101                            
    741 (11th-26th words)              30902                            
    741 (less 11th-26th words)         30908                            
    742 (1st sentence)                 30903                            
    742 (2d sentence)                  30906                            
    742 (3d sentence)                  30903                            
    742 (last sentence)                30906                            
    743 (1st sentence)                 30907                            
    743 (2d, 3d sentences)             30911                            
    743 (4th-6th sentences)            30907                            
    743 (last sentence)                30909                            
    743a                               Rep.                             
    744                                30914                            
    745 (words before 1st proviso)     30905                            
    745 (1st proviso)                  30904                            
    745 (2d proviso)                   Rep.                             
    745 (last proviso)                 30911                            
    746                                30910                            
    747                                30915                            
    748                                30913                            
    749                                30912                            
    750                                30916                            
    751                                30917                            
    752                                30918                            
    761(a)                             30302                            
    761(b)                             30307                            
    762(a)                             30303                            
    762(b)                             30307                            
    763                                Rep.                             
    763a                               30106                            
    764                                30306                            
    765                                30305                            
    766                                30304                            
    767                                30308                            
    768                                Rep.                             
    781                                31102                            
    782 (1st sentence)                 31104                            
    782 (last sentence words           31103                            
     before last comma)                                                 
    782 (last sentence words after     31107                            
     last comma)                                                        
    783 (words before proviso)         31102                            
    783 (proviso)                      31105                            
    784                                31110                            
    785                                31111                            
    786                                31108                            
    787                                31109                            
    788                                31112                            
    789                                31106                            
    790                                31113                            
    791-799                            Rep.                             
    801                                Rep.                             
    802                                50501                            
    803                                50502                            
    804                                Rep.                             
    804a                               Rep.                             
    805-807                            Rep.                             
    808(4th par., prior to             31328                            
     amendment by Pub. L. 100-710)                                      
    808(a)                             Rep.                             
    808(b)                             57109                            
    808(c)-(f)                         56101                            
    808a                               56101                            
    809-810a                           Rep.                             
    811 (1st sentence words before     50105                            
     1st comma)                                                         
    811 (1st sentence words after      50106                            
     1st comma)                                                         
    811 (2d sentence words before      50105                            
     2d comma)                                                          
    811 (2d sentence words after       50107                            
     2d comma)                                                          
    811 (3d sentence)                  50106                            
    811 (4th sentence)                 50109                            
    811 (last sentence)                50111                            
    812-817c                           Rep.                             
    817d(a) (1st-5th, 29th-last        44103                            
     words)                                                             
    817d(a) (6th-28th words)           44101                            
    817d(b)                            44103                            
    817d(c)                            44104                            
    817d(d)                            44106                            
    817d(e)                            44105                            
    817e(a) (1st-14th, 37th-last       44102                            
     words)                                                             
    817e(a) (15th-36th words)          44101                            
    817e(b)                            44102                            
    817e(c)                            44104                            
    817e(d)                            44106                            
    817e(e)                            44105                            
    818-832                            Rep.                             
    833, 833a                          Rep.                             
    834                                60108                            
    835                                56102                            
    836, 837                           56105                            
    838                                31306                            
    839 (1st par.)                     56103                            
    839 (last par.)                    56104                            
    840-841c                           Rep.                             
    842                                Rep.                             
    843-848                            Rep.                             
    861                                50101                            
    862-864                            Rep.                             
    864a                               Rep.                             
    864b                               57108                            
    865                                Rep.                             
    865a                               53101 note                       
    866                                Rep.                             
    867                                50302                            
    868, 869                           Rep.                             
    870-870d                           Rep.                             
    871                                57106                            
    872                                50304                            
    873, 874                           Rep.                             
    875                                50304                            
    876(a)(1)                          Rep.                             
    876(a)(2)                          42101                            
    876(a)(3)                          42102                            
    876(b), (c)                        42102                            
    876(d)                             42103                            
    876(e)                             42101                            
    876(f), (g)                        42104                            
    876(h)                             42105                            
    876(i)                             42106                            
    876(j)                             42107                            
    876(k)                             42108                            
    876(l )                            42109                            
    877                                55101                            
    877 note (Proc. No. 3215, Dec.     55101                            
     12, 1957)                                                          
    878-880                            Rep.                             
    881                                3305, 3316, 12119                
    882                                3304                             
    883 (words before 1st proviso)     55102                            
    883 (1st proviso, 2d proviso       12132                            
     less meaning of "rebuilt")                                         
    883 (2d proviso related to         12101                            
     meaning of "rebuilt")                                              
    883 (3d proviso)                   55116                            
    883 (4th proviso)                  55119                            
    883 (5th proviso)                  55117                            
    883 (6th proviso)                  55107                            
    883 (7th proviso)                  55106                            
    883 (8th proviso)                  Rep.                             
    883 (2d-6th sentences, last        55105                            
     sentence less provisos)                                            
    883 (10th proviso)                 55115                            
    883 (11th proviso)                 55102                            
    883 (12th proviso)                 55110                            
    883 (last proviso)                 55108                            
    883 note (Pub. L. 104-324,         12120                            
     Sec. 1120(f))                                                      
    883-1                              12118                            
    883a (1st sentence)                12139                            
    883a (2d, last sentences)          12151                            
    883b                               Rep.                             
    884                                58108                            
    885                                T. 15 Sec. 38                    
    886                                Rep.                             
    887-889                            Rep.                             
    891                                50101                            
    891a                               Rep.                             
    891b                               57106                            
    891c-891y                          Rep.                             
    911(1), (2)                        30101(1)                         
    911(3)                             Rep.                             
    911(4)                             30101(1)                         
    911(5)                             31301(3)                         
    921                                31321(a)(1), (e)                 
    922(a), (b)                        31322(a)(1)                      
    922(b)                             31301(6)(A)                      
    922(c), (d)                        Rep.                             
    922(e), (f)                        31322(c)                         
    923                                31324                            
    924                                31323(a), (b)                    
    925                                31343                            
    925(b)                             31321(f), (h)                    
    926(a), (b)                        31321(b)                         
    926(c)                             Rep.                             
    926(d)                             31322(b)                         
    927                                31302(1), (2)                    
    941(a)                             Rep.                             
    941(b) (1st sentence)              31330(a), (c)                    
    941(b) (last sentence)             31323(c)                         
    941(c)                             31304                            
    951 (1st par.)                     31325(a), (b)(1), (c), (d)       
    951 (2d par. less proviso)         31301(6)(B)                      
    951 (2d par. proviso)              31326(b)(2)                      
    952 (1st, 2d sentences)            31325(e)                         
    952 (last sentence)                31308                            
    953(a)                             31301(5)                         
    953(b)                             31326(a), (b)(1)                 
    954(a)                             31325(b)(2)                      
    954(b)                             31303                            
    961(a)                             Rep.                             
    961(b)                             31327                            
    961(c)                             31326(a)                         
    961(d), (e)                        31328                            
    961(f)                             31329                            
    971                                31342                            
    972                                31341                            
    973                                31341(a)                         
    974                                31305                            
    975                                31307                            
    981-984                            Rep.                             
    1011                               Rep.                             
    1012                               31321(a)(2)                      
    1013, 1014                         Rep.                             
    1101                               50101                            
    1111(a), (b)                       Rep.                             
    1111(c) (related to seal)          301                              
    1111(c) (related to records)       303                              
    1111(c) (related to rules and      305                              
     regulations)                                                       
    1111(d) (related to Commission)    307                              
    1111(d) (related to Secretary)     Rep.                             
    1111(e)                            Rep.                             
    1111(f) (1st, last sentences)      Rep.                             
    1111(f) (2d sentence related       Rep.                             
     to Commission)                                                     
    1111(f) (2d sentence related       T. 49 Sec. 109                   
     to Secretary)                                                      
    1111 note (Pub. L. 89-56)          301                              
    1111 note (Reorg. Plan No. 6       301                              
     of 1949)                                                           
    1111 note (Reorg. Plan No. 21      T. 49 Sec. 109                   
     of 1950, Secs. 201, 203, 204)                                      
    1111 note (Reorg. Plan No. 7       301                              
     of 1961, Secs. 101,                                                
     102(a)-(c), 104, 105(d))                                           
    1111 note (Reorg. Plan No. 7       302                              
     of 1961, Sec. 102(d))                                              
    1111 note (Reorg. Plan No. 7       304                              
     of 1961, Sec. 105(a)-(c))                                          
    1111 note (Reorg. Plan No. 7       T. 49 Sec. 109                   
     of 1961, Sec. 201)                                                 
    1111a-1111c                        Rep.                             
    1112                               50303                            
    1113                               Rep.                             
    1114                               Rep.                             
    1115                               58107                            
    1116, 1116a                        Rep.                             
    1117 (related to Commission)       Rep.                             
    1117 (related to Secretary)        T. 49 Sec. 109                   
    1118 (related to Commission)       306                              
    1118 (related to Secretary)        50111                            
    1118 note (Pub. L. 106-398,        50111                            
     [Sec. 3506])                                                       
    1119                               T. 49 Sec. 109                   
    1119a, 1119b                       Rep.                             
    1120                               50102                            
    1121(a)-(c)                        50103                            
    1121(d)                            50105                            
    1121(e)                            50106                            
    1121(f)                            50109                            
    1121(g)                            50106                            
    1121(h), (i)                       50109                            
    1121(j) (words before 1st          50105                            
     semicolon)                                                         
    1121(j) (words between 1st and     50110                            
     2d semicolons)                                                     
    1121(j) (words after 2d            50109                            
     semicolon)                                                         
    1121-1                             55301                            
    1121-2                             50112                            
    1122(a)                            50104                            
    1122(b)(1)                         50110                            
    1122(b)(2)                         50105                            
    1122(c)                            50105                            
    1122(d)                            50110, T. 49 Sec. 109            
    1122(e)                            Rep.                             
    1122(f)                            50108                            
    1122(g)                            50111                            
    1122a                              50113                            
    1122b                              55501                            
    1123                               50109                            
    1124                               50306                            
    1125                               57105                            
    1125 note (Pub. L. 86-518,         57105, 57506                     
     Sec. 9)                                                            
    1125a                              57107                            
    1126                               Rep.                             
    1126-1(a) (1st sentence)           51101                            
    1126-1(a) (last sentence), (b)     51104                            
    1126a, 1126a-1                     Rep.                             
    1126b, 1126b-1                     Rep.                             
    1126c, 1126d                       Rep.                             
    1127-1128h                         Rep.                             
    1131                               53101 note                       
    1132 (prior provision)             8103                             
    1132(a) (prior provision)          7102                             
    1132 (added by Pub. L. 104-239)    52101                            
    1141-1144                          Rep.                             
    1145                               Rep.                             
    1151-1155                          53101 note                       
    1155a                              Rep.                             
    1156, 1157                         53101 note                       
    1158(a)                            57102                            
    1158(b)                            57103                            
    1159                               53101 note                       
    1160(a)                            57301                            
    1160(b) (1st sentence)             57302                            
    1160(b) (2d sentence)              57304                            
    1160(b) (3d sentence)              57305                            
    1160(b) (4th-7th sentences)        57306                            
    1160(b) (last sentence)            57302                            
    1160(c)                            57303                            
    1160(d)                            57305                            
    1160(e)                            57307                            
    1160(f)                            50111                            
    1160(g)                            57308                            
    1160(h)                            Rep.                             
    1160(i)                            57104                            
    1160(j)                            57101                            
    1161(a)                            53301                            
    1161(b) (1st sentence words        53302                            
     before 6th comma)                                                  
    1161(b) (1st sentence words        53303                            
     between 6th and 10th commas)                                       
    1161(b) (1st sentence between      53302                            
     10th and 16th commas)                                              
    1161(b) (1st sentence words        53305                            
     after 16th comma)                                                  
    1161(b) (last sentence)            53302                            
    1161(c)                            53306                            
    1161(d)                            53307                            
    1161(e)                            53308                            
    1161(f)                            53309                            
    1161(g), (h)                       53310                            
    1161(i)                            53311                            
    1161(j)                            53312                            
    1161(k)                            Rep.                             
    1161(l )                           53304                            
    1161(m)-(o)                        53301                            
    1162, 1171-1176                    53101 note                       
    1177(a) (1st sentence)             53503                            
    1177(a) (2d sentence related       53503                            
     to purpose)                                                        
    1177(a) (2d sentence related       53504                            
     to deposits)                                                       
    1177(a) (last sentence)            53504                            
    1177(b)(1), (2)                    53505                            
    1177(b)(3)                         53501                            
    1177(c)                            53506                            
    1177(d)                            53507                            
    1177(e)                            53508                            
    1177(f)                            53509                            
    1177(g)                            53510                            
    1177(h) (less (2) (last            53511                            
     sentence))                                                         
    1177(h)(2) (last sentence)         53512                            
    1177(i)                            53513                            
    1177(j)                            53514                            
    1177(k)(1)-(3)                     53501                            
    1177(k)(4)                         Rep.                             
    1177(k)(5)-(9)                     53501                            
    1177(l ) (1st sentence)            53515                            
    1177(l ) (2d sentence)             53502                            
    1177(l ) (last sentence)           53516                            
    1177(m)                            53517                            
    1177-1                             53501                            
    1177a                              Rep.                             
    1178-1181                          53101 note                       
    1182                               Rep.                             
    1183-1185a                         53101 note                       
    1187-1187e                         Rep.                             
    1191                               57501                            
    1192                               57502                            
    1193(a)                            57503                            
    1193(b)                            57502                            
    1193(c) (related to                57503                            
     construction, reconstruction,                                      
     or reconditioning)                                                 
    1193(c) (related to chartering)    57512                            
    1194                               57504                            
    1195 (1st, 2d sentences)           57505                            
    1195 (last sentence)               57506                            
    1196(a)                            57512                            
    1196(b) (1st sentence related      57512                            
     to announcement)                                                   
    1196(b) (1st sentence related      57515                            
     to authority)                                                      
    1196(b) (last sentence)            57513                            
    1197                               57515                            
    1198                               57516                            
    1199                               57517                            
    1200                               57518                            
    1201                               57511                            
    1202(a)                            57519                            
    1202(b), (c)                       57520                            
    1202(d)                            57521                            
    1203                               57514                            
    1204                               57531                            
    1205                               57532                            
    1206                               Rep.                             
    1211, 1212                         53101 note                       
    1213(a) (less 3d sentence as       53101 note                       
     related to 1121(a))                                                
    1213(a) (3d sentence related       50103                            
     to 1121(a))                                                        
    1213(b)                            T. 49 Sec. 109                   
    1214                               Rep.                             
    1221                               Rep.                             
    1222                               Rep.                             
    1223(a)                            58101                            
    1223(b)                            58102                            
    1223(c)                            Rep.                             
    1223(d)                            58103                            
    1223(e)                            Rep.                             
    1223(f)                            58104                            
    1224, 1225                         Rep.                             
    1226                               58105                            
    1227                               58106                            
    1228 (1st, 2d pars.)               58109                            
    1228 (last par.)                   505                              
    1241(a)                            55302                            
    1241(b)                            55305                            
    1241(c)                            55303                            
    1241-1                             55304                            
    1241a, 1241b                       50301                            
    1241b note (limitation on          50301                            
     funds for fiscal year 1957)                                        
    1241c                              50301                            
    1241d                              55311                            
    1241e                              55313                            
    1241f(a)-(d)                       55314                            
    1241f(e)                           55312                            
    1241g                              55315                            
    1241h                              55316                            
    1241h note (Pub. L. 100-202,       55316                            
     Sec. 101(a) [title V, Sec.                                         
     501])                                                              
    1241i                              Rep.                             
    1241j                              55317                            
    1241k-1241n                        Rep.                             
    1241o                              55314                            
    1241p                              55318                            
    1241q                              55333                            
    1241r                              55332                            
    1241s                              55334                            
    1241t(a), (c)                      55335                            
    1241t(b)                           55336                            
    1241u                              Rep.                             
    1241v                              55331                            
    1242(a) (1st, 2d sentences)        56301                            
    1242(a) (3d sentence)              56303                            
    1242(a) (4th sentence)             56307                            
    1242(a) (last sentence)            56303                            
    1242(b)                            56303                            
    1242(c) (1st sentence)             56302                            
    1242(c) (2d sentence)              56304                            
    1242(c) (last sentence)            56303                            
    1242(d) (1st par. words before     56303                            
     2d comma)                                                          
    1242(d) (1st par. words after      56304                            
     2d comma)                                                          
    1242(d) (last par.)                56305                            
    1242(e)                            56306                            
    1242-1                             Rep.                             
    1242a(a)                           56501                            
    1242a(b)                           56502                            
    1242a(c)                           56503                            
    1242a(d)                           56504                            
    1242a(e)                           56502                            
    1243                               Rep.                             
    1244(a)                            109                              
    1244(b)                            Rep.                             
    1244(c)                            50501                            
    1244(d)-(f)                        Rep.                             
    1244(g)                            114                              
    1245 (1st sentence)                Rep.                             
    1245 (last sentence)               101 note                         
    1246                               Rep.                             
    1247                               50305                            
    1248, 1249                         53101 note                       
    1251-1262                          Rep.                             
    1271                               53701                            
    1272                               53717                            
    1273(a)                            53702                            
    1273(b)                            53711                            
    1273(c)                            53709                            
    1273(d)                            53705                            
    1273(e) (1st sentence)             53705                            
    1273(e) (last sentence)            53721, 53722                     
    1273(f)                            53704                            
    1273(g)                            53732                            
    1273(h)                            53704                            
    1273(i), (j)                       53706                            
    1273a                              53707                            
    1274(a)                            53706                            
    1274(b)(1)                         53707                            
    1274(b)(2)                         53709                            
    1274(b)(3)-(7)                     53710                            
    1274(b) (last 2 sentences)         53709                            
    1274(c)(1) (1st sentence)          53711                            
    1274(c)(1) (last sentence)         53709                            
    1274(c)(2)                         53711                            
    1274(d)(1), (2)                    53708                            
    1274(d)(3)                         53732                            
    1274(d)(4)                         53707                            
    1274(d)(5)                         Rep.                             
    1274(e)                            53714                            
    1274(f)(1)                         53713                            
    1274(f)(2), (3)                    53708                            
    1274(f)(4)                         53713                            
    1274(g)                            53717                            
    1274(h)                            53710                            
    1274(i)                            53709                            
    1274(j)                            53732                            
    1274(k)                            53712                            
    1274(l )                           53703                            
    1274(m)                            53712                            
    1274(n)                            53703                            
    1274a                              53734                            
    1275(a)                            53721                            
    1275(b)                            53722                            
    1275(c)                            53724                            
    1275(d)                            53723                            
    1275(e)                            53725                            
    1275(f)                            53722                            
    1276-1279                          Rep.                             
    1279a                              53715                            
    1279b (prior provision)            Rep.                             
    1279b (added by Pub. L.            53716                            
     107-107)                                                           
    1279c                              53731                            
    1279d                              53732                            
    1279e                              53733                            
    1279f                              53735                            
    1279g                              53702                            
    1280                               53717                            
    1280a                              53733                            
    1280b                              53718                            
    1281(a)-(c)                        53901                            
    1281(d), (e)                       Rep.                             
    1282                               53902                            
    1283(a) (1st, 2d sentences)        53903                            
    1283(a) (last sentence)            53910                            
    1283(b) (1st sentence)             53903                            
    1283(b) (last sentence)            53901                            
    1283(c)-(f)                        53903                            
    1284                               53903                            
    1285                               53905                            
    1286                               53904                            
    1287                               53907                            
    1288, 1288a                        53909                            
    1289(a)(1)                         53910                            
    1289(a)(2)                         53906                            
    1289(b)-(f)                        53910                            
    1290                               Rep.                             
    1291                               50111                            
    1292                               53911                            
    1293                               53908                            
    1294                               53912                            
    1295 (1st sentence)                51101                            
    1295 (last sentence cl. (1))       51103                            
    1295 (last sentence cl. (2))       51104                            
    1295a                              51102                            
    1295b(a)                           51301                            
    1295b(b)(1)-(3)(C)                 51302                            
    1295b(b)(3)(D)                     51303                            
    1295b(b)(3)(E)                     51305                            
    1295b(b)(3)(F)                     51311                            
    1295b(b)(3)(G)                     Rep.                             
    1295b(b)(4)                        Rep.                             
    1295b(b)(5)-(7)                    51304                            
    1295b(b)(8)                        51309                            
    1295b(c)                           51311                            
    1295b(d)                           51308                            
    1295b(e)(1)-(4)                    51306                            
    1295b(e)(5)                        51310                            
    1295b(f)                           51307                            
    1295b(g)                           51309                            
    1295b(h)                           51312                            
    1295b(i)                           51313                            
    1295b(j)                           51314                            
    1295c(a)                           51501                            
    1295c(b)                           51503                            
    1295c(c)(1), (2)                   51504                            
    1295c(c)(3)(A)                     51507                            
    1295c(c)(3)(B)                     51508                            
    1295c(d)(1)                        51505                            
    1295c(d)(2)                        51501                            
    1295c(e)                           51502                            
    1295c(f)                           51506                            
    1295c(g)(1)-(6)                    51509                            
    1295c(g)(7)                        51510                            
    1295c(g)(8)                        51509                            
    1295c(h)                           51511                            
    1295c note (Pub. L. 101-115,       51504                            
     Sec. 4)                                                            
    1295c-1                            T. 49 Sec. 109                   
    1295d(a), (b)                      51703                            
    1295d(c)                           51704                            
    1295e                              51701                            
    1295f(a), (b)                      51702                            
    1295f(c)                           2101(17), 3301(2), 3306, 3307(1) 
    1295f(d)(1)                        51702                            
    1295f(d)(2), (3)                   3318(g)                          
    1295g(a)                           Rep.                             
    1295g(b)-(d)                       51103                            
    1295g(e)(1)                        2101(17)                         
    1295g(e)(2)-(5)                    Rep.                             
    1300-1315                          30701 note                       
    1331-1341                          Rep.                             
    1351-1364                          Rep.                             
    1381-1388                          Rep.                             
    1401-1413                          Rep.                             
    1451                               Rep.                             
    1452(1)(A), (B)                    2101(25)                         
    1452(1)(C)                         2101(42)                         
    1452(2)                            2101(45)                         
    1452(3)                            2101(41)                         
    1452(5)                            2101(21)(D)                      
    1452(7)                            2101(26)                         
    1452(8)                            2101(1)                          
    1452(9)                            2101(34)                         
    1452(10)                           2102(2)                          
    1452(11)                           2102(1)                          
    1452(12)                           2102(4)                          
    1452(13)                           2102(5)                          
    1452(14)                           2102(3)                          
    1453                               4105, 4301                       
    1454, 1455                         4302                             
    1456                               4302(a)(3)                       
    1457                               4303                             
    1458                               4305                             
    1459                               4306                             
    1460                               4304, 4306                       
    1461(a)                            4307(a)                          
    1461(b)                            4311(f)                          
    1461(c)                            4307(b)                          
    1461(d)                            2302(a), (b)                     
    1461(e)                            8903                             
    1461(f)                            8903, 8905(a)                    
    1462                               4308                             
    1463                               4309                             
    1464                               4310                             
    1464(g)                            4302                             
    1465                               2303                             
    1466                               12301                            
    1467                               12302                            
    1468                               12303                            
    1469                               12304                            
    1470                               12305                            
    1471                               12306                            
    1472                               12307                            
    1473                               12308                            
    1474                               13101                            
    1475                               13102                            
    1476                               13103                            
    1477                               13104                            
    1478                               13105                            
    1479                               13106                            
    1479a                              13107                            
    1480                               13108                            
    1481                               13109                            
    1482                               13110                            
    1483                               2302(b), 4311(a), 12309(a)       
    1484(a)                            4311(b)                          
    1484(b)                            2106, 2302(a), (c), 4311(c),     
                                        12309(b)                        
    1484(c)                            2107                             
    1484(d)                            4311(d), 12309(c)                
    1485                               2305, 4311(e)                    
    1486                               6101, 6102                       
    1487                               Rep.                             
    1488                               4302                             
    1489                               4311(g)                          
    1501                               80501                            
    1502(a) (related to                80502                            
     application of Convention)                                         
    1502(a) (related to approval       80504                            
     and examination)                                                   
    1502(b)                            Rep.                             
    1503(a)-(c)(1)                     80503                            
    1503(c)(2)                         80506                            
    1503(c)(3)                         80503                            
    1503(d)                            80506                            
    1503(e)                            80503                            
    1504                               80505                            
    1505                               80509                            
    1506                               80507                            
    1507                               80508                            
    1508                               Rep.                             
    1601-1603                          T. 49 Sec. 109                   
    1604-1608                          Rep.                             
    1609                               T. 49 Sec. 109 note              
    1610                               Elim.                            
    1701                               40101                            
    1702                               40102                            
    1703                               40301                            
    1704(a)                            40302                            
    1704(b)-(d)                        40303                            
    1704(e) (less last sentence)       40305                            
    1704(e) (last sentence)            40301                            
    1704(f)                            40301                            
    1704(g)                            40303                            
    1705(a)-(f)                        40304                            
    1705(g)-(i)                        41307                            
    1705(j)                            40306                            
    1705(k)                            41307                            
    1706                               40307                            
    1707(a), (b)                       40501                            
    1707(c)                            40502                            
    1707(d)                            40501                            
    1707(e)                            40503                            
    1707(f), (g)                       40501                            
    1707a                              Rep.                             
    1708(a)                            40701                            
    1708(b)                            40702                            
    1708(c) (1st sentence)             40703                            
    1708(c) (last sentence), (d)       40704                            
    1708(e)                            40705                            
    1708(f)                            40706                            
    1709(a)                            41102                            
    1709(b)(1)-(12)                    41104                            
    1709(b)(13), (words after cl.      41103                            
     (13))                                                              
    1709(c)                            41105                            
    1709(d)(1)                         41102                            
    1709(d)(2)                         41106                            
    1709(d)(3) (related to (b)(10))    41106                            
    1709(d)(3) (related to (b)(13))    41103                            
    1709(d)(4)                         41106                            
    1709(d)(5)                         41103                            
    1709(e)                            41101                            
    1710(a), (b)                       41301                            
    1710(c) (1st-3d sentences)         41302                            
    1710(c) (last sentence)            41307                            
    1710(d)-(f)                        41302                            
    1710(g) (related to time limit)    41301                            
    1710(g) (less time limit)          41305                            
    1710(h)(1)                         41307                            
    1710(h)(2)                         41306                            
    1710a(a)                           42301                            
    1710a(b), (c)                      42302                            
    1710a(d)                           42303                            
    1710a(e)(1), (2)                   42304                            
    1710a(e)(3)                        42306                            
    1710a(f)                           42305                            
    1710a(g)                           306                              
    1710a(h) (related to 876(a)(2))    42101                            
    1710a(h) (related to               41108                            
     1712(b)(6))                                                        
    1710a(i)                           42307                            
    1711                               41303                            
    1712(a)                            41107                            
    1712(b)                            41108                            
    1712(c)-(f)                        41109                            
    1713(a), (b)                       41304                            
    1713(c)                            41308                            
    1713(d)                            41309                            
    1713(e)                            41308, 41309                     
    1714                               40104                            
    1715                               40103                            
    1716                               305                              
    1717                               Rep.                             
    1718(a)                            40901                            
    1718(b)                            40902                            
    1718(c)                            40903                            
    1718(d)                            40901                            
    1718(e)                            40904                            
    1719(a)-(c)                        Rep.                             
    1719(d)                            40101 note                       
    1719(e)                            Rep.                             
    1720                               Rep.                             
    1721                               Rep.                             
    1801                               70302                            
    1802                               70306                            
    1803                               70303                            
    1804                               70304                            
    1805                               70305                            
    1806                               Rep.                             
    1807                               70301                            
    1808                               Rep.                             
    1809                               70306                            
    1901                               Rep.                             
    1902                               70501                            
    1903(a)                            70503                            
    1903(b), (c)                       70502                            
    1903(d)                            70505                            
    1903(e)                            70503                            
    1903(f)                            70504                            
    1903(g)                            70506                            
    1903(h)                            70503                            
    1903(i)                            70502                            
    1903(j)                            70506                            
    1904                               70507                            
    2001                               51901                            
    2002                               51901                            
    2003                               51902                            
    2004(a)                            51903                            
    2004(b)                            51904                            
    2004(c)                            51907                            
    2004(d)                            51901                            
    2005                               51905                            
    2006                               51906                            
    2007                               51908                            
    12101 note (Pub. L. 104-324,       55113                            
     Sec. 1117)                                                         
    12102 note (Pub. L. 105-277,       12113                            
     Sec. 203(b)-(e))                                                   
    12106 note (Pub. L. 105-383,       12121                            
     Secs. 502-504)                                                     
    12119 note (Pub. L. 107-295,       12138                            
     Sec. 403)                                                          
    --------------------------------------------------------------------


                             ENACTING CLAUSES                         
      Pub. L. 100-710, title I, Sec. 102(a), Nov. 23, 1988, 102 Stat.
    4738, provided that: "Certain general and permanent laws of the
    United States, related to definitions and maritime commercial
    instruments and liens, are revised, consolidated, and enacted by
    paragraph (3) of this subsection [probably means subsection (c) of
    this section] as subtitle III of title 46, United States Code,
    'Shipping'."
      Pub. L. 98-89, Sec. 1, Aug. 26, 1983, 97 Stat. 500, provided in
    part that: "Certain general and permanent laws of the United
    States, related to vessels and seamen, are revised, consolidated,
    and enacted as title 46, United States Code, 'Shipping' ".

                   LEGISLATIVE PURPOSE AND CONSTRUCTION               
      Pub. L. 109-304, Sec. 2, Oct. 6, 2006, 120 Stat. 1485, provided
    that:
      "(a) Purpose. - The purpose of this Act [see Tables for
    classification] 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))."
      Pub. L. 109-304, Sec. 18, Oct. 6, 2006, 120 Stat. 1709, provided
    that:
      "(a) Cutoff Date. - This Act [see Tables for classification]
    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 Act is
    deemed to have been taken or committed under the corresponding
    provision enacted by this Act."
      Pub. L. 100-710, title I, Sec. 105, Nov. 23, 1988, 102 Stat.
    4751, provided that:
      "(a) A reference to a law replaced by section 102 of this Act
    [see Tables for classification], including a reference in a
    regulation, order, or other law, is deemed to refer to the
    corresponding provision of this Act.
      "(b) An order, rule, or regulation in effect under a law replaced
    by section 102 of this Act continues in effect under the
    corresponding provision of this Act until repealed, amended, or
    superseded.
      "(c) An action taken or an offense committed under a law replaced
    by section 102 of this Act is deemed to have been taken or
    committed under the corresponding provision of this Act.
      "(d) An inference of legislative construction is not to be drawn
    by reason of the caption or catch line of a provision enacted by
    section 102 of this Act.
      "(e) If a provision of this Act is held invalid, all valid
    provisions that are severable from the invalid provision remain in
    effect. If a provision of this Act is held invalid in any of its
    applications, the provision remains valid for all valid
    applications that are severable from any of the invalid
    applications."
      Pub. L. 99-509, title V, subtitle B, Sec. 5103(a)-(f), Oct. 21,
    1986, 100 Stat. 1927, provided that:
      "(a) Laws effective after January 1, 1986, that are inconsistent
    with this subtitle [see Tables for classification] supersede this
    subtitle to the extent of the inconsistency.
      "(b) A reference to a law replaced by this subtitle, including a
    reference in a regulation, order, or other law, is deemed to refer
    to the corresponding provision of this subtitle.
      "(c) An order, rule, or regulation in effect under a law replaced
    by this subtitle continues in effect under the corresponding
    provision of this subtitle until repealed, amended, or superseded.
      "(d) An action taken or an offense committed under a law replaced
    by this subtitle is deemed to have been taken or committed under
    the corresponding provision of this subtitle.
      "(e) An inference of legislative construction is not to be drawn
    by reason of the caption or catch line of a provision enacted by
    this subtitle.
      "(f) If a provision enacted by this subtitle is held invalid, all
    valid provisions that are severable from the invalid provision
    remain in effect. If a provision of this subtitle is held invalid
    in one or more of its applications, the provision remains in effect
    in all valid applications that are severable from the invalid
    application or applications."
      Pub. L. 98-89, Sec. 2(a)-(f), Aug. 26, 1983, 97 Stat. 598,
    provided that:
      "(a) Laws effective after December 31, 1982, that are
    inconsistent with this Act [see Tables for classification]
    supersede this Act to the extent of the inconsistency.
      "(b) A reference to a law replaced by this Act, including a
    reference in a regulation, order, or other law, is deemed to refer
    to the corresponding provision of this Act.
      "(c) An order, rule, or regulation in effect under a law replaced
    by this Act continues in effect under the corresponding provision
    of this Act until repealed, amended, or superseded.
      "(d) An action taken or an offense committed under a law replaced
    by this Act is deemed to have been taken or committed under the
    corresponding provision of this Act.
      "(e) An inference of legislative construction is not to be drawn
    by reason of the caption or catch line of a provision enacted by
    this Act.
      "(f) If a provision enacted by this Act is held invalid, all
    valid provisions that are severable from the invalid provision
    remain in effect. If a provision of this Act is held invalid in one
    or more of its applications, the provision remains in effect in all
    valid applications that are severable from the invalid application
    or applications."

      CODIFICATION OF SHIPPING AND MARITIME LAWS BY FEDERAL MARITIME
                COMMISSION AND SECRETARY OF TRANSPORTATION
      Pub. L. 98-89, Sec. 2(j), Aug. 26, 1983, 97 Stat. 599, provided
    that: "Within 2 years after the date of enactment of this Act [Aug.
    26, 1983], the Federal Maritime Commission and the Secretary of
    Transportation each shall submit to Congress a proposed
    codification of the laws within their respective jurisdictions
    related to shipping and maritime matters."

                      REPEALS AND SAVINGS PROVISIONS                  
      Pub. L. 109-304, Sec. 19, Oct. 6, 2006, 120 Stat. 1710, repealed
    specified laws relating to shipping, except with respect to rights
    and duties that matured, penalties that were incurred, or
    proceedings that were begun before Oct. 6, 2006.
      Pub. L. 100-710, title I, Sec. 106(a), Nov. 23, 1988, 102 Stat.
    4752, provided that: "The repeal of a law by this title may not be
    construed as a legislative implication that the provision was or
    was not in effect before its repeal."
      Pub. L. 100-710, title I, Sec. 106(b), Nov. 23, 1988, 102 Stat.
    4752, repealed specified laws relating to shipping, except for
    rights and duties that matured, penalties that were incurred, and
    proceedings that were begun before the effective date of this
    title, which is Jan. 1, 1989, with certain exceptions and
    qualifications, see section 107 of Pub. L. 100-710, set out as an
    Effective Date note under section 31301 of this title.
      Pub. L. 99-509, title V, subtitle B, Sec. 5104(a), Oct. 21, 1986,
    100 Stat. 1928, provided that: "The repeal of a law by this
    subtitle may not be construed as a legislative implication that the
    provision was or was not in effect before its repeal."
      Pub. L. 99-509, title V, subtitle B, Sec. 5104(b), Oct. 21, 1986,
    100 Stat. 1928, repealed specified laws relating to shipping,
    except for rights and duties that matured, penalties that were
    incurred, and proceedings that were begun before Oct. 21, 1986.
      Pub. L. 98-89, Sec. 4(a), Aug. 26, 1983, 97 Stat. 599, provided
    that: "The repeal of a law by this Act may not be construed as a
    legislative implication that the provision was or was not in effect
    before its repeal."
      Pub. L. 98-89, Sec. 4(b), Aug. 26, 1983, 97 Stat. 599, repealed
    specified laws relating to shipping, except for rights and duties
    that matured, penalties that were incurred, and proceedings that
    were begun before Aug. 26, 1983, and except as provided by section
    2 of Pub. L. 98-89, set out as notes above and notes under sections
    3101, 3302, 3715, and 6301 of this title.

-End-


-CITE-
    46 USC Subtitle I - General                                 01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General

-HEAD-
    Subtitle I - General

-MISC1-
    Chapter                                                          Sec.
    1.      Definitions                                              101
    3.      Federal Maritime Commission                              301
    5.      Other General Provisions                                 501

-End-


-CITE-
    46 USC CHAPTER 1 - DEFINITIONS                              01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
                          CHAPTER 1 - DEFINITIONS                      

-MISC1-
    Sec.                                                     
    101.        Agency.                                               
    102.        Barge.                                                
    103.        Boundary Line.                                        
    104.        Citizen of the United States.                         
    105.        Consular officer.                                     
    106.        Documented vessel.                                    
    107.        Exclusive economic zone.                              
    108.        Fisheries.                                            
    109.        Foreign commerce or trade.                            
    110.        Foreign vessel.                                       
    111.        Numbered vessel.                                      
    112.        State.                                                
    113.        Undocumented.                                         
    114.        United States.                                        
    115.        Vessel.                                               
    116.        Vessel of the United States.                          

-End-



-CITE-
    46 USC Sec. 101                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 101. Agency

-STATUTE-
      In this title, the term "agency" means a department, agency, or
    instrumentality of the United States Government.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1486.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    101            (no source).                                         
    --------------------------------------------------------------------

      A definition of "agency" is added to avoid having to repeat the
    substance of the definition at various places in the revised title.

                       SHORT TITLE OF 2003 AMENDMENT                   
      Pub. L. 108-136, div. C, title XXXV, Sec. 3501, Nov. 24, 2003,
    117 Stat. 1789, provided that: "This title [see Tables for
    classification] may be cited as the 'Maritime Security Act of
    2003'."

                       SHORT TITLE OF 2002 AMENDMENT                   
      Pub. L. 107-295, Sec. 1(a), Nov. 25, 2002, 116 Stat. 2064,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Maritime Transportation Security Act of 2002'."
      Pub. L. 107-295, title II, Sec. 201, Nov. 25, 2002, 116 Stat.
    2093, provided that: "This title [see Tables for classification]
    may be cited as the 'Maritime Policy Improvement Act of 2002'."

                       SHORT TITLE OF 1999 AMENDMENT                   
      Pub. L. 106-65, div. C, title XXXVI, Sec. 3601, Oct. 5, 1999, 113
    Stat. 975, provided that: "This title [see Tables for
    classification] may be cited as the 'Maritime Administration
    Authorization Act for Fiscal Year 2000'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-277, div. C, title II, Sec. 201, Oct. 21, 1998, 112
    Stat. 2681-616, provided that: "This title [see Tables for
    classification] may be cited as the 'American Fisheries Act'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-324, title VI, Sec. 601, Oct. 19, 1996, 110 Stat.
    3927, provided that: "This title [see Tables for classification]
    may be cited as the 'Coast Guard Regulatory Reform Act of 1996'."
      Pub. L. 104-297, title III, Sec. 301, Oct. 11, 1996, 110 Stat.
    3615, provided that: "This title [see Tables for classification]
    may be cited as the 'Fisheries Financing Act'."
      Pub. L. 104-239, Sec. 1, Oct. 8, 1996, 110 Stat. 3118, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Maritime Security Act of 1996'."

                       SHORT TITLE OF 1993 AMENDMENT                   
      Pub. L. 103-206, title V, Sec. 501, Dec. 20, 1993, 107 Stat.
    2439, provided that: "This title [see Tables for classification]
    may be cited as the 'Passenger Vessel Safety Act of 1993'."

                       SHORT TITLE OF 1992 AMENDMENT                   
      Pub. L. 102-587, title V, Sec. 5301, Nov. 4, 1992, 106 Stat.
    5081, provided that: "This subtitle [subtitle C (Secs. 5301-5305)
    of title V of Pub. L. 102-587, see Tables for classification] may
    be cited as the 'Abandoned Barge Act of 1992'."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Pub. L. 101-595, title VI, Sec. 601, Nov. 16, 1990, 104 Stat.
    2990, provided that: "This title [see Tables for classification]
    may be cited as the 'Aleutian Trade Act of 1990'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-424, Sec. 1, Sept. 9, 1988, 102 Stat. 1585, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Commercial Fishing Industry Vessel Safety Act of 1988'."
      Pub. L. 100-418, title X, Sec. 10001, Aug. 23, 1988, 102 Stat.
    1570, provided that: "This subtitle [subtitle A (Secs. 10001-10003)
    of title X of Pub. L. 100-418, see Tables for classification] may
    be cited as the 'Foreign Shipping Practices Act of 1988'."
      Pub. L. 100-239, Sec. 1, Jan. 11, 1988, 101 Stat. 1778, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987'."

                       SHORT TITLE OF 1986 AMENDMENT                   
      Pub. L. 99-626, Sec. 1, Nov. 7, 1986, 100 Stat. 3504, provided
    that: "This act [see Tables for classification] may be cited as the
    'Recreational Boating Safety Act of 1986'."

                       SHORT TITLE OF 1984 AMENDMENT                   
      Pub. L. 98-498, title II, Sec. 210, Oct. 19, 1984, 98 Stat. 2303,
    provided that: "This subtitle [subtitle A (Secs. 210-214) of title
    II of Pub. L. 98-498, see Tables for classification] may be cited
    as the 'Maritime Safety Act of 1984'."
      Pub. L. 98-364, title IV, Sec. 401, July 17, 1984, 98 Stat. 445,
    provided that: "This title [see Tables for classification] may be
    cited as the 'Commercial Fishing Industry Vessel Act'."

                       SHORT TITLE OF 1981 AMENDMENT                   
      Pub. L. 97-31, Sec. 1, Aug. 6, 1981, 95 Stat. 151, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Maritime Act of 1981'."

                       SHORT TITLE OF 1976 AMENDMENT                   
      Pub. L. 94-372, Sec. 1, July 31, 1976, 90 Stat. 1042, provided:
    "That this Act [see Tables for classification] may be cited as the
    'Negotiated Shipbuilding Contracting Act of 1976'."

                       SHORT TITLE OF 1970 AMENDMENT                   
      Pub. L. 91-469, Sec. 44, Oct. 21, 1970, 84 Stat. 1039, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Merchant Marine Act of 1970'."

                       SHORT TITLE OF 1936 AMENDMENT                   
      Act June 29, 1936, ch. 858, title IX, Sec. 906, 49 Stat. 2016, as
    amended by Pub. L. 109-304, Sec. 19, Oct. 6, 2006, 120 Stat. 1710,
    provided that: "This Act [see Tables for classification] may be
    cited as the Merchant Marine Act, 1936."

-End-



-CITE-
    46 USC Sec. 102                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 102. Barge

-STATUTE-
      In this title, the term "barge" means a non-self-propelled
    vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1486.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    102            46:2101(2).                                          
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 103                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 103. Boundary Line

-STATUTE-
      In this title, the term "Boundary Line" means a line established
    under section 2(b) of the Act of February 19, 1895 (33 U.S.C.
    151).(!1)


-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1486.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    103            46:2101(3).                                          
    --------------------------------------------------------------------


-FOOTNOTE-               

    (!1) So in original. Probably should be "(33 U.S.C. 151(b)).".


-End-



-CITE-
    46 USC Sec. 104                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 104. Citizen of the United States

-STATUTE-
      In this title, the term "citizen of the United States", when used
    in reference to a natural person, means an individual who is a
    national of the United States as defined in section 101(a)(22) of
    the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1486.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    104            46:2101(3a).                                         
    --------------------------------------------------------------------

      The words "when used in reference to a natural person" are added
    because of provisions in the title which treat entities as
    citizens. The words "or an individual citizen of the Trust
    Territory of the Pacific Islands who is exclusively domiciled in
    the Northern Mariana Islands within the meaning of section 1005(e)
    of the Covenant to Establish a Commonwealth of the Northern Mariana
    Islands in Political Union with the United States of America (48
    U.S.C. 1801 note)" are omitted because the Covenant referred to
    became effective November 4, 1986, making citizens of the Northern
    Mariana Islands citizens or non-citizen nationals of the United
    States.

-End-



-CITE-
    46 USC Sec. 105                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 105. Consular officer

-STATUTE-
      In this title, the term "consular officer" means an officer or
    employee of the United States Government designated under
    regulations to issue visas.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1486.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    105            46:2101(6).                                          
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 106                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 106. Documented vessel

-STATUTE-
      In this title, the term "documented vessel" means a vessel for
    which a certificate of documentation has been issued under chapter
    121 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1486.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    106            46:2101(10).                                         
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 107                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 107. Exclusive economic zone

-STATUTE-
      In this title, the term "exclusive economic zone" means the zone
    established by Presidential Proclamation 5030 of March 10, 1983 (16
    U.S.C. 1453 note).

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1487.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    107            46:2101(10a).                                        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 108                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 108. Fisheries

-STATUTE-
      In this title, the term "fisheries" includes processing, storing,
    transporting (except in foreign commerce), planting, cultivating,
    catching, taking, or harvesting fish, shellfish, marine animals,
    pearls, shells, or marine vegetation in the navigable waters of the
    United States or in the exclusive economic zone.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1487.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    108            46:12101(a)(1).                                      
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 109                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 109. Foreign commerce or trade

-STATUTE-
      (a) In General. - In this title, the terms "foreign commerce" and
    "foreign trade" mean commerce or trade between a place in the
    United States and a place in a foreign country.
      (b) Capital Construction Funds and Construction-Differential
    Subsidies. - In the context of capital construction funds under
    chapter 535 of this title, and in the context of construction-
    differential subsidies under title V of the Merchant Marine Act,
    1936, the terms "foreign commerce" and "foreign trade" also
    include, in the case of liquid and dry bulk cargo carrying
    services, trading between foreign ports in accordance with normal
    commercial bulk shipping practices in a manner that will permit
    bulk vessels of the United States to compete freely with foreign
    bulk vessels in their operation or competition for charters,
    subject to regulations prescribed by the Secretary of
    Transportation.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1487.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    109            46 App.:1244(a).        June 29, 1936, ch. 858,      
                                            title IX, Sec. 905(a), 49   
                                            Stat. 2016; June 23, 1938,  
                                            ch. 600, Sec. 39(a), 52     
                                            Stat. 964; Pub. L. 91-469,  
                                            Sec. 28, Oct. 21, 1970, 84  
                                            Stat. 1034; Pub. L. 92-402, 
                                            Sec. 2, Aug. 22, 1972, 86   
                                            Stat. 617; Pub. L. 97-31,   
                                            Sec. 12(133)(A), Aug. 6,    
                                            1981, 95 Stat. 165.         
    --------------------------------------------------------------------

      In subsection (a), the words "its Territories or possessions, or
    the District of Columbia" are omitted because of the definition of
    "United States" in this chapter.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Merchant Marine Act, 1936, referred to in subsec. (b), is act
    June 29, 1936, ch. 858, 49 Stat. 1985. Title V of the Act enacted
    provisions set out as notes under section 53101 of this title. For
    complete classification of this Act to the Code, see Short Title of
    1936 Amendment note set out under section 101 of this title and
    Tables.

-End-



-CITE-
    46 USC Sec. 110                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 110. Foreign vessel

-STATUTE-
      In this title, the term "foreign vessel" means a vessel of
    foreign registry or operated under the authority of a foreign
    country.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1487.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    110            46:2101(12).                                         
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 111                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 111. Numbered vessel

-STATUTE-
      In this title, the term "numbered vessel" means a vessel for
    which a number has been issued under chapter 123 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1487.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    111            46:2101(17b).                                        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 112                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 112. State

-STATUTE-
      In this title, the term "State" means a State of the United
    States, the District of Columbia, Guam, Puerto Rico, the Virgin
    Islands, American Samoa, the Northern Mariana Islands, and any
    other territory or possession of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1487.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    112            46:2101(36).                                         
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 113                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 113. Undocumented

-STATUTE-
      In this title, the term "undocumented" means not having and not
    required to have a certificate of documentation issued under
    chapter 121 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1487.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    113            46:2101(41).                                         
    --------------------------------------------------------------------

      The words "certificate of documentation" are substituted for
    "document" for consistency with chapter 121.

-End-



-CITE-
    46 USC Sec. 114                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 114. United States

-STATUTE-
      In this title, the term "United States", when used in a
    geographic sense, means the States of the United States, the
    District of Columbia, Guam, Puerto Rico, the Virgin Islands,
    American Samoa, the Northern Mariana Islands, and any other
    territory or possession of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1487.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    114            46:2101(44).                                         
                   46 App.:1244(g).        June 29, 1936, ch. 858,      
                                            title IX, Sec. 905(g), 49   
                                            Stat. 2016; as added Pub. L.
                                            96-453, Sec. 3(b), Oct. 15, 
                                            1980, 94 Stat. 2008.        
    --------------------------------------------------------------------

      The language in 46 App. U.S.C. 1244(g) relating to the areas and
    installations in the Republic of Panama is omitted because those
    areas and installations were turned over to Panama by the end of
    1999.

-End-



-CITE-
    46 USC Sec. 115                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 115. Vessel

-STATUTE-
      In this title, the term "vessel" has the meaning given that term
    in section 3 of title 1.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1487.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    115            46:2101(45).                                         
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 116                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 1 - DEFINITIONS

-HEAD-
    Sec. 116. Vessel of the United States

-STATUTE-
      In this title, the term "vessel of the United States" means a
    vessel documented under chapter 121 of this title (or exempt from
    documentation under section 12102(c) of this title), numbered under
    chapter 123 of this title, or titled under the law of a State.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1488.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    116            46:2101(46).                                         
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 3 - FEDERAL MARITIME COMMISSION              01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 3 - FEDERAL MARITIME COMMISSION

-HEAD-
                  CHAPTER 3 - FEDERAL MARITIME COMMISSION              

-MISC1-
    Sec.                                                     
    301.        General organization.                                 
    302.        Quorum.                                               
    303.        Record of meetings and votes.                         
    304.        Delegation of authority.                              
    305.        Regulations.                                          
    306.        Annual report.                                        
    307.        Expenditures.                                         

-End-



-CITE-
    46 USC Sec. 301                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 3 - FEDERAL MARITIME COMMISSION

-HEAD-
    Sec. 301. General organization

-STATUTE-
      (a) Organization. - The Federal Maritime Commission is an
    independent establishment of the United States Government.
      (b) Commissioners. - 
        (1) Composition. - The Commission is composed of 5
      Commissioners, appointed by the President by and with the advice
      and consent of the Senate. Not more than 3 Commissioners may be
      appointed from the same political party.
        (2) Terms. - The term of each Commissioner is 5 years, with
      each term beginning one year apart. An individual appointed to
      fill a vacancy is appointed only for the unexpired term of the
      individual being succeeded. A vacancy shall be filled in the same
      manner as the original appointment. When the term of a
      Commissioner ends, the Commissioner may continue to serve until a
      successor is appointed and qualified.
        (3) Removal. - The President may remove a Commissioner for
      inefficiency, neglect of duty, or malfeasance in office.

      (c) Chairman. - 
        (1) Designation. - The President shall designate one of the
      Commissioners as Chairman.
        (2) General authority. - The Chairman is the chief executive
      and administrative officer of the Commission. In carrying out the
      duties and powers of the Commission (other than under paragraph
      (3)), the Chairman is subject to the policies, regulatory
      decisions, findings, and determinations of the Commission.
        (3) Particular duties. - 
          (A) In general. - The Chairman shall - 
            (i) appoint and supervise officers and employees of the
          Commission;
            (ii) appoint the heads of major organizational units, but
          only after consultation with the other Commissioners;
            (iii) distribute the business of the Commission among
          personnel and organizational units;
            (iv) supervise the expenditure of money for administrative
          purposes; and
            (v) assign Commission personnel, including Commissioners,
          to perform duties and powers delegated by the Commission
          under section 304 of this title.

          (B) Nonapplication. - Subparagraph (A) (other than clause
        (v)) does not apply to personnel employed regularly and full-
        time in the offices of Commissioners other than the Chairman.

        (4) Delegation. - The Chairman may designate officers and
      employees under the Chairman's jurisdiction to perform duties and
      powers of the Chairman, subject to the Chairman's supervision and
      direction.

      (d) Seal. - The Commission shall have a seal which shall be
    judicially recognized.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1488.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    301(a)         46 App.:1111 note.      Reorg. Plan No. 7 of 1961,   
                                            eff. Aug. 12, 1961, Sec.    
                                            101, 75 Stat. 840.          
    301(b)         46 App.:1111 note.      Reorg. Plan No. 7 of 1961,   
                                            eff. Aug. 12, 1961, Sec.    
                                            102(a), (c), 75 Stat. 840;  
                                            Pub. L. 88-426, title III,  
                                            Sec. 305(19)(A), Aug. 14,   
                                            1964, 78 Stat. 425.         
                   46 App.:1111 note.      Pub. L. 89-56, June 30,      
                                            1965, 79 Stat. 195.         
    301(c)         46 App.:1111 note.      Reorg. Plan No. 6 of 1949,   
                                            eff. Aug. 20, 1949, 63 Stat.
                                            1069.                       
                   46 App.:1111 note.      Reorg. Plan No. 7 of 1961,   
                                            eff. Aug. 12, 1961, Secs.   
                                            102(b), 104, 105(d), 75     
                                            Stat. 840, 841.             
    301(d)         46 App.:1111(c)         June 29, 1936, ch. 858,      
                    (related to seal).      title II, Sec. 201(c)       
                                            (related to seal), 49 Stat. 
                                            1986.                       
    --------------------------------------------------------------------

      In subsection (a), the words "is an independent establishment"
    are substituted for "shall not be a part of any executive
    department or under the authority of the head of any executive
    department" for consistency with other titles of the United States
    Code and to eliminate unnecessary words.
      In subsection (b)(2), the words "The term of each Commissioner is
    5 years, with each term beginning one year apart" are substituted
    for the language about terms in section 102(c) of Reorganization
    Plan No. 7 of 1961 (46 App. U.S.C. 1111 note) and the Act of June
    30, 1965 (Pub. L. 89-56, 79 Stat. 195), for clarity and to
    eliminate executed and obsolete language.
      In subsection (c), section 104 of Reorganization Plan No. 7 of
    1961 is omitted as executed.
      Subsection (c)(1) is based on section 102(b) of Reorganization
    Plan No. 7 of 1961. The words "from time to time" are omitted as
    unnecessary.
      Subsection (c)(2) is based on section 1 of Reorganization Plan
    No. 6 of 1949.
      Subsection (c)(3) is based on section 2 of Reorganization Plan
    No. 6 of 1949 and section 105(d) of Reorganization Plan No. 7 of
    1961.
      Subsection (c)(4) is based on section 3 of Reorganization Plan
    No. 6 of 1949.

-End-



-CITE-
    46 USC Sec. 302                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 3 - FEDERAL MARITIME COMMISSION

-HEAD-
    Sec. 302. Quorum

-STATUTE-
      A vacancy or vacancies in the membership of the Federal Maritime
    Commission do not impair the power of the Commission to execute its
    functions. The affirmative vote of a majority of the Commissioners
    serving on the Commission is required to dispose of any matter
    before the Commission.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1489.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    302            46 App.:1111 note.      Reorg. Plan No. 7 of 1961,   
                                            eff. Aug. 12, 1961, Sec.    
                                            102(d), 75 Stat. 840; Pub.  
                                            L. 105-258, title II, Sec.  
                                            202, Oct. 14, 1998, 112     
                                            Stat. 1915.                 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 303                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 3 - FEDERAL MARITIME COMMISSION

-HEAD-
    Sec. 303. Record of meetings and votes

-STATUTE-
      The Federal Maritime Commission, through its secretary, shall
    keep a record of its meetings and the votes taken on any action,
    order, contract, or financial transaction of the Commission.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1489.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    303            46 App.:1111(c)         June 29, 1936, ch. 858,      
                    (related to             title II, Sec. 201(c)       
                    records).               (related to records), 49    
                                            Stat. 1986.                 
    --------------------------------------------------------------------

      The words "true" and "yea-and-nay" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 304                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 3 - FEDERAL MARITIME COMMISSION

-HEAD-
    Sec. 304. Delegation of authority

-STATUTE-
      (a) Delegation. - The Federal Maritime Commission, by published
    order or regulation, may delegate to a division of the Commission,
    an individual Commissioner, an employee board, or an officer or
    employee of the Commission, any of its duties or powers, including
    those relating to hearing, determining, ordering, certifying,
    reporting, or otherwise acting on any matter. This subsection does
    not affect section 556(b) of title 5.
      (b) Review. - The Commission may review any action taken under a
    delegation of authority under subsection (a). The review may be
    taken on the Commission's own initiative or on the petition of a
    party to or an intervenor in the action, within the time and in the
    manner prescribed by the Commission. The vote of a majority of the
    Commission, less one member, is sufficient to bring an action
    before the Commission for review.
      (c) Deemed Action of Commission. - If the Commission declines
    review, or if review is not sought, within the time prescribed
    under subsection (b), the action taken under the delegation of
    authority is deemed to be the action of the Commission.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1489.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    304            46 App.:1111 note.      Reorg. Plan No. 7 of 1961,   
                                            eff. Aug. 12, 1961, Sec.    
                                            105(a)-(c), 75 Stat. 841.   
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 305                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 3 - FEDERAL MARITIME COMMISSION

-HEAD-
    Sec. 305. Regulations

-STATUTE-
      The Federal Maritime Commission may prescribe regulations to
    carry out its duties and powers.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1489.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    305            46 App.:1111(c)         June 29, 1936, ch. 858,      
                    (related to rules       title II, Sec. 201(c)       
                    and regulations).       (related to rules and       
                                            regulations), 49 Stat. 1986.
                   46 App.:1716.           Pub. L. 98-237, Sec. 17,     
                                            Mar. 20, 1984, 98 Stat. 84. 
    --------------------------------------------------------------------

      The words "to carry out its duties and powers" are substituted
    for "in regard to its procedure and the conduct of its business" in
    46 App. U.S.C. 1111(c) and "to carry out this chapter" in 46 App.
    U.S.C. 1716(a) for consistency in the revised title. The text of 46
    App. U.S.C. 1716(b) is omitted as executed and obsolete.

-End-



-CITE-
    46 USC Sec. 306                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 3 - FEDERAL MARITIME COMMISSION

-HEAD-
    Sec. 306. Annual report

-STATUTE-
      (a) In General. - Not later than April 1 of each year, the
    Federal Maritime Commission shall submit a report to Congress. The
    report shall include the results of its investigations, a summary
    of its transactions, the purposes for which all of its expenditures
    were made, and any recommendations for legislation.
      (b) Report on Foreign Laws and Practices. - The Commission shall
    include in its annual report to Congress - 
        (1) a list of the 20 foreign countries that generated the
      largest volume of oceanborne liner cargo for the most recent
      calendar year in bilateral trade with the United States;
        (2) an analysis of conditions described in section 42302(a) of
      this title being investigated or found to exist in foreign
      countries;
        (3) any actions being taken by the Commission to offset those
      conditions;
        (4) any recommendations for additional legislation to offset
      those conditions; and
        (5) a list of petitions filed under section 42302(b) of this
      title that the Commission rejected and the reasons for each
      rejection.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1489.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    306(a)         46 App.:1118            June 29, 1936, ch. 858,      
                    (related to             title II, Sec. 208 (related 
                    Commission).            to Commission), 49 Stat.    
                                            1988; Pub. L. 94-273, Sec.  
                                            36, Apr. 21, 1976, 90 Stat. 
                                            380; Pub. L. 97-31, Sec.    
                                            12(65), Aug. 6, 1981, 95    
                                            Stat. 159.                  
    306(b)         46 App.:1710a(g).       Pub. L. 100-418, title X,    
                                            Sec. 10002(g), Aug. 23,     
                                            1988, 102 Stat. 1572.       
    --------------------------------------------------------------------

      In subsection (a), the words "a statement of all receipts under
    this chapter" are omitted as inapplicable to the Commission.

-End-



-CITE-
    46 USC Sec. 307                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 3 - FEDERAL MARITIME COMMISSION

-HEAD-
    Sec. 307. Expenditures

-STATUTE-
      The Federal Maritime Commission may make such expenditures as are
    necessary in the performance of its functions from funds
    appropriated or otherwise made available to it, which
    appropriations are authorized.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1490.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    307            46 App.:1111(d)         June 29, 1936, ch. 858,      
                    (related to             title II, Sec. 201(d)       
                    Commission).            (related to Commission), 49 
                                            Stat. 1986; Pub. L. 97-31,  
                                            Sec. 12(58)(B), Aug. 6,     
                                            1981, 95 Stat. 158.         
    --------------------------------------------------------------------

      The words "by this chapter", "after June 29, 1936", and "further"
    are omitted as unnecessary.

-End-


-CITE-
    46 USC CHAPTER 5 - OTHER GENERAL PROVISIONS                 01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 5 - OTHER GENERAL PROVISIONS

-HEAD-
                   CHAPTER 5 - OTHER GENERAL PROVISIONS               

-MISC1-
    Sec.                                                     
    501.        Waiver of navigation and vessel-inspection laws.      
    502.        Cargo exempt from forfeiture.                         
    503.        Notice of seizure.                                    
    504.        Remission of fees and penalties.                      
    505.        Penalty for violating regulation or order.            

-End-



-CITE-
    46 USC Sec. 501                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 5 - OTHER GENERAL PROVISIONS

-HEAD-
    Sec. 501. Waiver of navigation and vessel-inspection laws

-STATUTE-
      (a) On Request of Secretary of Defense. - On request of the
    Secretary of Defense, the head of an agency responsible for the
    administration of the navigation or vessel-inspection laws shall
    waive compliance with those laws to the extent the Secretary
    considers necessary in the interest of national defense.
      (b) By Head of Agency. - When the head of an agency responsible
    for the administration of the navigation or vessel-inspection laws
    considers it necessary in the interest of national defense, the
    individual may waive compliance with those laws to the extent, in
    the manner, and on the terms the individual prescribes.
      (c) Termination of Authority. - The authority granted by this
    section shall terminate at such time as the Congress by concurrent
    resolution or the President may designate.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1490.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    501            46 App.:3 note prec.    Dec. 27, 1950, ch. 1155,     
                                            Secs. 1, 2, 64 Stat. 1120.  
    --------------------------------------------------------------------

      In subsection (b), the words "When the head of an agency . . .
    considers it necessary" are substituted for "either upon his own
    initiative or upon the written recommendation of the head of any
    other Government agency, when he deems that such action is
    necessary" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 502                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 5 - OTHER GENERAL PROVISIONS

-HEAD-
    Sec. 502. Cargo exempt from forfeiture

-STATUTE-
      Cargo on a vessel is exempt from forfeiture under this title 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 or secured
      for payment as provided by law.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1490.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    502            46 App.:326.            R.S. Sec. 4378.              
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 503                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 5 - OTHER GENERAL PROVISIONS

-HEAD-
    Sec. 503. Notice of seizure

-STATUTE-
      When a forfeiture of a vessel or cargo accrues, the official of
    the United States Government required to give notice of the seizure
    of the vessel or cargo shall include in the notice, if they are
    known to that official, the name and the place of residence of the
    owner or consignee at the time of the seizure.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1490.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    503            46 App.:327.            R.S. Sec. 4379.              
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 504                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 5 - OTHER GENERAL PROVISIONS

-HEAD-
    Sec. 504. Remission of fees and penalties

-STATUTE-
      Any part of a fee, tax, or penalty paid or a forfeiture incurred
    under a law or regulation relating to vessels or seamen may be
    remitted if - 
        (1) application for the remission is made within one year after
      the date of the payment or forfeiture; and
        (2) it is found that the fee, tax, penalty, or forfeiture was
      improperly or excessively imposed.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1491.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    504            46:2108.                                             
    --------------------------------------------------------------------

      This section replaces 46 U.S.C. 2108, which was enacted as part
    of the codification of subtitle II of title 46 in 1983. That
    provision was based on section 26 of the Act of June 26, 1884, ch.
    121, 23 Stat. 59, which prior to the subtitle II codification
    appeared at 46 U.S.C. 8 (1982 ed.). In the enactment of 46 U.S.C.
    2108, the scope of the 1884 provision was narrowed, presumably
    inadvertently. This section restores the remissions authority to
    its prior scope. Note that 19 C.F.R. Sec. 4.24 (2003) still refers
    to "the authority to make refunds in accordance with section 26 of
    the Act of June 26, 1884 (46 U.S.C. 8)" as if that provision had
    not been replaced by 46 U.S.C. 2108 in 1983.

-End-



-CITE-
    46 USC Sec. 505                                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle I - General
    CHAPTER 5 - OTHER GENERAL PROVISIONS

-HEAD-
    Sec. 505. Penalty for violating regulation or order

-STATUTE-
      A person convicted of knowingly and willfully violating a
    regulation or order of the Federal Maritime Commission or the
    Secretary of Transportation under subtitle IV or V of this title,
    for which no penalty is expressly provided, shall be fined not more
    than $500. Each day of a continuing violation is a separate
    offense.

-SOURCE-
    (Pub. L. 109-304, Sec. 4, Oct. 6, 2006, 120 Stat. 1491.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    505            46 App.:1228 (last      June 29, 1936, ch. 858,      
                    par.).                  title VIII, Sec. 806(d); as 
                                            added Aug. 4, 1939, ch. 417,
                                            Sec. 13, 53 Stat. 1187; Pub.
                                            L. 97-31, Sec. 12(125), Aug.
                                            6, 1981, 95 Stat. 164.      
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC Subtitle II - Vessels and Seamen                     01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen

-HEAD-
    Subtitle II - Vessels and Seamen


-MISC1-
                        PART A - GENERAL PROVISIONS                    
    Chapter                                                          Sec.
    21.     General                                                 2101
    23.     Operation of Vessels Generally                          2301

               PART B - INSPECTION AND REGULATION OF VESSELS           
    31.     General                                                 3101
    32.     Management of Vessels                                   3201
    33.     Inspection Generally                                    3301
    35.     Carriage of Passengers                                  3501
    37.     Carriage of Liquid Bulk Dangerous Cargoes               3701
    [39.    Repealed.]                                          
    41.     Uninspected Vessels Generally                           4101
    43.     Recreational Vessels                                    4301
    45.     Uninspected Commercial Fishing Industry Vessels         4501
    47.     Abandonment of Barges                                   4701

                      PART C - LOAD LINES OF VESSELS                  
    51.     Load Lines                                              5101

                        PART D - MARINE CASUALTIES                    
    61.     Reporting Marine Casualties                             6101
    63.     Investigating Marine Casualties                         6301

      PART E - MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS  
    71.     Licenses and Certificates of Registry                   7101
    73.     Merchant Mariners' Documents                            7301
    75.     General Procedures for Licensing, Certification, and
             Documentation                                          7501
    77.     Suspension and Revocation                               7701

                        PART F - MANNING OF VESSELS                    
    81.     General                                                 8101
    83.     Masters and Officers                                    8301
    85.     Pilots                                                  8501
    87.     Unlicensed Personnel                                    8701
    89.     Small Vessel Manning                                    8901
    91.     Tank Vessel Manning Standards                           9101
    93.     Great Lakes Pilotage                                    9301

              PART G - MERCHANT SEAMEN PROTECTION AND RELIEF          
    101.    General                                                10101
    103.    Foreign and Intercoastal Voyages                       10301
    105.    Coastwise Voyages                                      10501
    106.    Fishing Voyages                                        10601
    107.    Effects of Deceased Seamen                             10701
    109.    Proceedings on Unseaworthiness                         10901
    111.    Protection and Relief                                  11101
    112.    Merchant Mariner Benefits                              11201
    113.    Official Logbooks                                      11301
    115.    Offenses and Penalties                                 11501

                    PART H - IDENTIFICATION OF VESSELS                
    121.    Documentation of Vessels                               12101
    123.    Numbering Undocumented Vessels                         12301
    125.    Vessel Identification System                           12501

                  PART I - STATE BOATING SAFETY PROGRAMS              
    131.    Recreational Boating Safety                            13101

                      PART J - MEASUREMENT OF VESSELS                  
    141.    General                                                14101
    143.    Convention Measurement                                 14301
    145.    Regulatory Measurement                                 14501
    147.    Penalties                                              14701

                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 15(1), Oct. 6, 2006, 120 Stat. 1702,
    in each chapter item, capitalized first letter of each word
    containing 4 or more letters, struck out item for chapter 39
    "Carriage of animals", and substituted "Uninspected Commercial
    Fishing Industry Vessels" for "Fish processing vessels" in item 45.
      2000 - Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
    1087(g)(6)], Oct. 30, 2000, 114 Stat. 1654, 1654A-294, substituted
    "mariner benefits" for "Mariner Benefits" in item 112.
      1998 - Pub. L. 105-368, title IV, Sec. 402(b), Nov. 11, 1998, 112
    Stat. 3337, added item 112.
      1996 - Pub. L. 104-324, title VI, Sec. 602(b), Oct. 19, 1996, 110
    Stat. 3930, added item 32.
      1992 - Pub. L. 102-587, title V, Sec. 5304, Nov. 4, 1992, 106
    Stat. 5083, added item 47.
      1988 - Pub. L. 100-710, title I, Sec. 101(b), Nov. 23, 1988, 102
    Stat. 4738, added item 125.
      Pub. L. 100-424, Sec. 6(b), Sept. 9, 1988, 102 Stat. 1592, added
    item 106.
      1986 - Pub. L. 99-509, title V, Sec. 5101(1), Oct. 21, 1986, 100
    Stat. 1913, inserted items for parts C and J.
      1985 - Pub. L. 99-36, Sec. 1(a)(9)(A), May 15, 1985, 99 Stat. 67,
    substituted "Merchant Seamen Licenses, Certifications, and" for
    "Licenses, Certificates, and Merchant Mariners' " in heading for
    part E.
      1984 - Pub. L. 98-364, title IV, Sec. 402(7)(A), July 17, 1984,
    98 Stat. 446, inserted "generally" in item 41, reenacted item 43
    without change, and added item 45.

-End-


-CITE-
    46 USC Part A - General Provisions                          01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions

-HEAD-
                        PART A - GENERAL PROVISIONS                    


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Part A contains general provisions that apply throughout the
    subtitle and provisions that apply generally to the operation of
    all vessels.

-End-


-CITE-
    46 USC CHAPTER 21 - GENERAL                                 01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
                           CHAPTER 21 - GENERAL                       

-MISC1-
    Sec.                                                     
    2101.       General definitions.                                  
    2102.       Limited definitions.                                  
    2103.       Superintendence of the merchant marine.               
    2104.       Delegation.                                           
    2105.       Report.                                               
    2106.       Liability in rem.                                     
    2107.       Civil penalty procedures.                             
    2108.       Refund of penalties.(!1)                              

    2109.       Public vessels.                                       
    2110.       Fees.                                                 
    2111.       Pay for overtime services.                            
    2112.       Authority to change working hours.                    
    2113.       Authority to exempt certain vessels.                  
    2114.       Protection of seamen against discrimination.          
    2115.       Civil penalty to enforce alcohol and dangerous drug
                 testing.                                             

                       HISTORICAL AND REVISION NOTES                   
      Chapter 21 contains definitions that are general in nature and
    applicable to all references within Subtitle II - Vessels and
    Seamen. The chapter provides the basic authority and responsibility
    for the enforcement and administration of this subtitle with
    appropriate delegation and reporting requirements.

                                AMENDMENTS                            
      1996 - Pub. L. 104-324, title III, Sec. 303(b), Oct. 19, 1996,
    110 Stat. 3917, added item 2115.
      1990 - Pub. L. 101-508, title X, Sec. 10401(b), Nov. 5, 1990, 104
    Stat. 1388-398, substituted "Fees" for "Fees prohibited" in item
    2110.
      1984 - Pub. L. 98-557, Sec. 13(b), Oct. 30, 1984, 98 Stat. 2864,
    added item 2114.

-FOOTNOTE-               

    (!1) Section repealed by Pub. L. 109-304 without corresponding
         amendment of chapter analysis.


-End-



-CITE-
    46 USC Sec. 2101                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2101. General definitions

-STATUTE-
      In this subtitle - 
        (1) "associated equipment" - 
          (A) means - 
            (i) a system, accessory, component, or appurtenance of a
          recreational vessel; or
            (ii) a marine safety article intended for use on board a
          recreational vessel; but

          (B) does not include radio equipment.

        [(2) to (3a) Repealed. Pub. L. 109-304, Sec. 15(2)(A), Oct. 6,
      2006, 120 Stat. 1702.]
        (4) "Coast Guard" means the organization established and
      continued under section 1 of title 14.
        (5) "commercial service" includes any type of trade or business
      involving the transportation of goods or individuals, except
      service performed by a combatant vessel.
        (5a) "consideration" means an economic benefit, inducement,
      right, or profit including pecuniary payment accruing to an
      individual, person, or entity, but not including a voluntary
      sharing of the actual expenses of the voyage, by monetary
      contribution or donation of fuel, food, beverage, or other
      supplies.
        [(6) Repealed. Pub. L. 109-304, Sec. 15(2)(A), Oct. 6, 2006,
      120 Stat. 1702.]
        (7) "crude oil" means a liquid hydrocarbon mixture occurring
      naturally in the earth, whether or not treated to render it
      suitable for transportation, and includes crude oil from which
      certain distillate fractions may have been removed, and crude oil
      to which certain distillate fractions may have been added.
        (8) "crude oil tanker" means a tanker engaged in the trade of
      carrying crude oil.
        (8a) "dangerous drug" means a narcotic drug, a controlled
      substance, or a controlled substance analog (as defined in
      section 102 of the Comprehensive Drug Abuse Prevention and
      Control Act of 1970 (21 U.S.C. 802)).
        (9) "discharge", when referring to a substance discharged from
      a vessel, includes spilling, leaking, pumping, pouring, emitting,
      emptying, or dumping, however caused.
        [(10), (10a) Repealed. Pub. L. 109-304, Sec. 15(2)(A), Oct. 6,
      2006, 120 Stat. 1702.]
        (10b) "ferry" means a vessel that is used on a regular schedule
      - 
          (A) to provide transportation only between places that are
        not more than 300 miles apart; and
          (B) to transport only - 
            (i) passengers; or
            (ii) vehicles, or railroad cars, that are being used, or
          have been used, in transporting passengers or goods.

        (11) "fish" means finfish, mollusks, crustaceans, and all other
      forms of marine animal and plant life, except marine mammals and
      birds.
        (11a) "fishing vessel" means a vessel that commercially engages
      in the catching, taking, or harvesting of fish or an activity
      that can reasonably be expected to result in the catching,
      taking, or harvesting of fish.
        (11b) "fish processing vessel" means a vessel that commercially
      prepares fish or fish products other than by gutting,
      decapitating, gilling, skinning, shucking, icing, freezing, or
      brine chilling.
        (11c) "fish tender vessel" means a vessel that commercially
      supplies, stores, refrigerates, or transports fish, fish
      products, or materials directly related to fishing or the
      preparation of fish to or from a fishing, fish processing, or
      fish tender vessel or a fish processing facility.
        [(12) Repealed. Pub. L. 109-304, Sec. 15(2)(A), Oct. 6, 2006,
      120 Stat. 1702.]
        (13) "freight vessel" means a motor vessel of more than 15
      gross tons as measured under section 14502 of this title, or an
      alternate tonnage measured under section 14302 of this title as
      prescribed by the Secretary under section 14104 of this title
      that carries freight for hire, except an oceanographic research
      vessel or an offshore supply vessel.
        (13a) "Great Lakes barge" means a non-self-propelled vessel of
      at least 3,500 gross tons as measured under section 14502 of this
      title, or an alternate tonnage measured under section 14302 of
      this title as prescribed by the Secretary under section 14104 of
      this title operating on the Great Lakes.
        (14) "hazardous material" means a liquid material or substance
      that is - 
          (A) flammable or combustible;
          (B) designated a hazardous substance under section 311(b) of
        the Federal Water Pollution Control Act (33 U.S.C. 1321); or
          (C) designated a hazardous material under section 5103(a) of
        title 49;

        (14a) "major conversion" means a conversion of a vessel that - 
          (A) substantially changes the dimensions or carrying capacity
        of the vessel;
          (B) changes the type of the vessel;
          (C) substantially prolongs the life of the vessel; or
          (D) otherwise so changes the vessel that it is essentially a
        new vessel, as decided by the Secretary.

        (15) "marine environment" means - 
          (A) the navigable waters of the United States and the land
        and resources in and under those waters;
          (B) the waters and fishery resources of an area over which
        the United States asserts exclusive fishery management
        authority;
          (C) the seabed and subsoil of the outer Continental Shelf of
        the United States, the resources of the Shelf, and the waters
        superjacent to the Shelf; and
          (D) the recreational, economic, and scenic values of the
        waters and resources referred to in subclauses (A)-(C) of this
        clause.

        (15a) "mobile offshore drilling unit" means a vessel capable of
      engaging in drilling operations for the exploration or
      exploitation of subsea resources.
        (16) "motor vessel" means a vessel propelled by machinery other
      than steam.
        (17) "nautical school vessel" means a vessel operated by or in
      connection with a nautical school or an educational institution
      under section 558 of title 40.
        (17a) "navigable waters of the United States" includes all
      waters of the territorial sea of the United States as described
      in Presidential Proclamation No. 5928 of December 27, 1988.
        [(17b) Repealed. Pub. L. 109-304, Sec. 15(2)(A), Oct. 6, 2006,
      120 Stat. 1702.]
        (18) "oceanographic research vessel" means a vessel that the
      Secretary finds is being employed only in instruction in
      oceanography or limnology, or both, or only in oceanographic or
      limnological research, including studies about the sea such as
      seismic, gravity meter, and magnetic exploration and other marine
      geophysical or geological surveys, atmospheric research, and
      biological research.
        (19) "offshore supply vessel" means a motor vessel of more than
      15 gross tons but less than 500 gross tons as measured under
      section 14502 of this title, or an alternate tonnage measured
      under section 14302 of this title as prescribed by the Secretary
      under section 14104 of this title that regularly carries goods,
      supplies, individuals in addition to the crew, or equipment in
      support of exploration, exploitation, or production of offshore
      mineral or energy resources.
        (20) "oil" includes oil of any type or in any form, including
      petroleum, fuel oil, sludge, oil refuse, and oil mixed with
      wastes except dredged spoil.
        (20a) "oil spill response vessel" means a vessel that is
      designated in its certificate of inspection as such a vessel, or
      that is adapted to respond to a discharge of oil or a hazardous
      material.
        (20b) "overall in length" means - 
          (A) for a foreign vessel or a vessel engaged on a foreign
        voyage, the greater of - 
            (i) 96 percent of the length on a waterline at 85 percent
          of the least molded depth measured from the top of the keel
          (or on a vessel designed with a rake of keel, on a waterline
          parallel to the designed waterline); or
            (ii) the length from the fore side of the stem to the axis
          of the rudder stock on that waterline; and

          (B) for any other vessel, the horizontal distance of the hull
        between the foremost part of the stem and the aftermost part of
        the stern, excluding fittings and attachments.

        (21) "passenger" - 
          (A) means an individual carried on the vessel except - 
            (i) the owner or an individual representative of the owner
          or, in the case of a vessel under charter, an individual
          charterer or individual representative of the charterer;
            (ii) the master; or
            (iii) a member of the crew engaged in the business of the
          vessel who has not contributed consideration for carriage and
          who is paid for on board services;

          (B) on an offshore supply vessel, means an individual carried
        on the vessel except - 
            (i) an individual included in clause (i), (ii), or (iii) of
          subparagraph (A) of this paragraph;
            (ii) an employee of the owner, or of a subcontractor to the
          owner, engaged in the business of the owner;
            (iii) an employee of the charterer, or of a subcontractor
          to the charterer, engaged in the business of the charterer;
          or
            (iv) an individual employed in a phase of exploration,
          exploitation, or production of offshore mineral or energy
          resources served by the vessel;

          (C) on a fishing vessel, fish processing vessel, or fish
        tender vessel, means an individual carried on the vessel except
        - 
            (i) an individual included in clause (i), (ii), or (iii) of
          subparagraph (A) of this paragraph;
            (ii) a managing operator;
            (iii) an employee of the owner, or of a subcontractor to
          the owner, engaged in the business of the owner;
            (iv) an employee of the charterer, or of a subcontractor to
          the charterer, engaged in the business of the charterer; or
            (v) an observer or sea sampler on board the vessel pursuant
          to a requirement of State or Federal law; or

          (D) on a sailing school vessel, means an individual carried
        on the vessel except - 
            (i) an individual included in clause (i), (ii), or (iii) of
          subparagraph (A) of this paragraph;
            (ii) an employee of the owner of the vessel engaged in the
          business of the owner, except when the vessel is operating
          under a demise charter;
            (iii) an employee of the demise charterer of the vessel
          engaged in the business of the demise charterer; or
            (iv) a sailing school instructor or sailing school student.

        (21a) "passenger for hire" means a passenger for whom
      consideration is contributed as a condition of carriage on the
      vessel, whether directly or indirectly flowing to the owner,
      charterer, operator, agent, or any other person having an
      interest in the vessel.
        (22) "passenger vessel" means a vessel of at least 100 gross
      tons as measured under section 14502 of this title, or an
      alternate tonnage measured under section 14302 of this title as
      prescribed by the Secretary under section 14104 of this title - 
          (A) carrying more than 12 passengers, including at least one
        passenger for hire;
          (B) that is chartered and carrying more than 12 passengers;
          (C) that is a submersible vessel carrying at least one
        passenger for hire; or
          (D) that is a ferry carrying a passenger.

        (23) "product carrier" means a tanker engaged in the trade of
      carrying oil except crude oil.
        (24) "public vessel" means a vessel that - 
          (A) is owned, or demise chartered, and operated by the United
        States Government or a government of a foreign country; and
          (B) is not engaged in commercial service.

        (25) "recreational vessel" means a vessel - 
          (A) being manufactured or operated primarily for pleasure; or
          (B) leased, rented, or chartered to another for the latter's
        pleasure.

        (26) "recreational vessel manufacturer" means a person engaged
      in the manufacturing, construction, assembly, or importation of
      recreational vessels, components, or associated equipment.
        (26a) "riding gang member" means an individual who - 
          (A) has not been issued a merchant mariner document under
        chapter 73;
          (B) does not perform - 
            (i) watchstanding, automated engine room duty watch, or
          personnel safety functions; or
            (ii) cargo handling functions, including any activity
          relating to the loading or unloading of cargo, the operation
          of cargo-related equipment (whether or not integral to the
          vessel), and the handling of mooring lines on the dock when
          the vessel is made fast or let go;

          (C) does not serve as part of the crew complement required
        under section 8101;
          (D) is not a member of the steward's department; and
          (E) is not a citizen or temporary or permanent resident of a
        country designated by the United States as a sponsor of
        terrorism or any other country that the Secretary, in
        consultation with the Secretary of State and the heads of other
        appropriate United States agencies, determines to be a security
        threat to the United States.

        (27) "sailing instruction" means teaching, research, and
      practical experience in operating vessels propelled primarily by
      sail and may include - 
          (A) any subject related to that operation and to the sea,
        including seamanship, navigation, oceanography, other nautical
        and marine sciences, and maritime history and literature; and
          (B) only when in conjunction with a subject referred to in
        subclause (A) of this clause, instruction in mathematics and
        language arts skills to sailing school students having learning
        disabilities.

        (28) "sailing school instructor" means an individual who is on
      board a sailing school vessel to provide sailing instruction, but
      does not include an operator or crewmember who is among those
      required to be on board the vessel to meet a requirement
      established under part F of this subtitle.
        (29) "sailing school student" means an individual who is on
      board a sailing school vessel to receive sailing instruction.
        (30) "sailing school vessel" means a vessel - 
          (A) that is less than 500 gross tons as measured under
        section 14502 of this title, or an alternate tonnage measured
        under section 14302 of this title as prescribed by the
        Secretary under section 14104 of this title;
          (B) carrying more than 6 individuals who are sailing school
        instructors or sailing school students;
          (C) principally equipped for propulsion by sail, even if the
        vessel has an auxiliary means of propulsion; and
          (D) owned or demise chartered, and operated by an
        organization described in section 501(c)(3) of the Internal
        Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax
        under section 501(a) of that Code, or by a State or political
        subdivision of a State, during times that the vessel is
        operated by the organization, State, or political subdivision
        only for sailing instruction.

        (31) "scientific personnel" means individuals on board an
      oceanographic research vessel only to engage in scientific
      research, or to instruct or receive instruction in oceanography
      or limnology.
        (32) "seagoing barge" means a non-self-propelled vessel of at
      least 100 gross tons as measured under section 14502 of this
      title, or an alternate tonnage measured under section 14302 of
      this title as prescribed by the Secretary under section 14104 of
      this title making voyages beyond the Boundary Line.
        (33) "seagoing motor vessel" means a motor vessel of at least
      300 gross tons as measured under section 14502 of this title, or
      an alternate tonnage measured under section 14302 of this title
      as prescribed by the Secretary under section 14104 of this title
      making voyages beyond the Boundary Line.
        (34) "Secretary" means the Secretary of the department in which
      the Coast Guard is operating.
        (35) "small passenger vessel" means a wing-in-ground craft,
      regardless of tonnage, carrying at least one passenger for hire,
      and a vessel of less than 100 gross tons as measured under
      section 14502 of this title, or an alternate tonnage measured
      under section 14302 of this title as prescribed by the Secretary
      under section 14104 of this title - 
          (A) carrying more than 6 passengers, including at least one
        passenger for hire;
          (B) that is chartered with the crew provided or specified by
        the owner or the owner's representative and carrying more than
        6 passengers;
          (C) that is chartered with no crew provided or specified by
        the owner or the owner's representative and carrying more than
        12 passengers;
          (D) that is a submersible vessel carrying at least one
        passenger for hire; or
          (E) that is a ferry carrying more than 6 passengers.

        [(36) Repealed. Pub. L. 109-304, Sec. 15(2)(A), Oct. 6, 2006,
      120 Stat. 1702.]
        (37) "steam vessel" means a vessel propelled in whole or in
      part by steam, except a recreational vessel of not more than 40
      feet in length.
        (37a) "submersible vessel" means a vessel that is capable of
      operating below the surface of the water.
        (38) "tanker" means a self-propelled tank vessel constructed or
      adapted primarily to carry oil or hazardous material in bulk in
      the cargo spaces.
        (39) "tank vessel" means a vessel that is constructed or
      adapted to carry, or that carries, oil or hazardous material in
      bulk as cargo or cargo residue, and that - 
          (A) is a vessel of the United States;
          (B) operates on the navigable waters of the United States; or
          (C) transfers oil or hazardous material in a port or place
        subject to the jurisdiction of the United States.

        (40) "towing vessel" means a commercial vessel engaged in or
      intending to engage in the service of pulling, pushing, or
      hauling along side, or any combination of pulling, pushing, or
      hauling along side.
        [(41) Repealed. Pub. L. 109-304, Sec. 15(2)(A), Oct. 6, 2006,
      120 Stat. 1702.]
        (42) "uninspected passenger vessel" means an uninspected vessel
      - 
          (A) of at least 100 gross tons as measured under section
        14502 of this title, or an alternate tonnage measured under
        section 14302 of this title as prescribed by the Secretary
        under section 14104 of this title - 
            (i) carrying not more than 12 passengers, including at
          least one passenger for hire; or
            (ii) that is chartered with the crew provided or specified
          by the owner or the owner's representative and carrying not
          more than 12 passengers; and

          (B) of less than 100 gross tons as measured under section
        14502 of this title, or an alternate tonnage measured under
        section 14302 of this title as prescribed by the Secretary
        under section 14104 of this title - 
            (i) carrying not more than 6 passengers, including at least
          one passenger for hire; or
            (ii) that is chartered with the crew provided or specified
          by the owner or the owner's representative and carrying not
          more than 6 passengers.

        (43) "uninspected vessel" means a vessel not subject to
      inspection under section 3301 of this title that is not a
      recreational vessel.
        [(44) to (46) Repealed. Pub. L. 109-304, Sec. 15(2)(A), Oct. 6,
      2006, 120 Stat. 1702.]
        (47) "vessel of war" means a vessel - 
          (A) belonging to the armed forces of a country;
          (B) bearing the external marks distinguishing vessels of war
        of that country;
          (C) under the command of an officer commissioned by the
        government of that country and whose name appears in the
        appropriate service list or its equivalent; and
          (D) staffed by a crew under regular armed forces discipline.

        (48) "wing-in-ground craft" means a vessel that is capable of
      operating completely above the surface of the water on a dynamic
      air cushion created by aerodynamic lift due to the ground effect
      between the vessel and the water's surface.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 501; Pub. L. 98-364, title
    IV, Sec. 402(1), July 17, 1984, 98 Stat. 445; Pub. L. 98-454, title
    III, Sec. 301(a), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 98-557, Sec.
    34(a), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99-307, Sec. 1(1),
    (2), May 19, 1986, 100 Stat. 444; Pub. L. 99-509, title V, Sec.
    5102(b)(1), Oct. 21, 1986, 100 Stat. 1926; Pub. L. 99-514, Sec. 2,
    Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-640, Secs. 10(b)(1),
    11(a), 13(d), Nov. 10, 1986, 100 Stat. 3549-3551; Pub. L. 100-239,
    Sec. 6(a)(1), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 100-424, Sec.
    8(c)(1), Sept. 9, 1988, 102 Stat. 1593; Pub. L. 100-710, title I,
    Sec. 104(a)(1), (2), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 101-
    225, title II, Sec. 209, Dec. 12, 1989, 103 Stat. 1913; Pub. L.
    101-380, title IV, Sec. 4103(a)(2)(A), Aug. 18, 1990, 104 Stat.
    511; Pub. L. 101-595, title VI, Sec. 603(1), Nov. 16, 1990, 104
    Stat. 2993; Pub. L. 102-587, title V, Sec. 5208(a), Nov. 4, 1992,
    106 Stat. 5075; Pub. L. 103-206, title V, Secs. 502-510, Dec. 20,
    1993, 107 Stat. 2439-2441; Pub. L. 103-272, Sec. 5(l), July 5,
    1994, 108 Stat. 1375; Pub. L. 104-324, title VII, Sec. 709, title
    XI, Sec. 1104(a), Oct. 19, 1996, 110 Stat. 3934, 3966; Pub. L. 105-
    383, title III, Sec. 301(b)(1), Nov. 13, 1998, 112 Stat. 3417;
    Pub. L. 107-217, Sec. 3(m)(1), Aug. 21, 2002, 116 Stat. 1302; Pub.
    L. 107-295, title IV, Sec. 419, Nov. 25, 2002, 116 Stat. 2124; Pub.
    L. 109-241, title III, Secs. 301, 312(b), July 11, 2006, 120 Stat.
    526, 533; Pub. L. 109-304, Sec. 15(2), Oct. 6, 2006, 120 Stat.
    1702.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      A number of definitions are provided because of the need to
    define jurisdictional and applicability limits of various sections
    to the many types and classes of vessels.


              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2101(1)                               46:1452(8)                    
    2101(2)                               ................              
                                           ..............................
    2101(3)                               ................              
                                           ..............................
    2101(4)                               14:1                          
    2101(5)                               46:391a(2)(H)                 
    2101(6)                               ................              
                                           ..............................
    2101(7)                               46:391a(2)(S)                 
    2101(8)                               46:391a(2)(N)                 
    2101(9)                               46:391a(2)(A)                 
    2101(10)                              46:65(1)                      
    2101(11)                              46:65(2)                      
    2101(12)                              46:391a(2)(B)                 
                                          46:597                        
                                          46:599                        
    2101(13)                              46:404                        
                                          46:390(e)                     
    2101(14)                              46:391a(2)(C)                 
    2101(15)                              46:391a(2)(D)                 
    2101(16)                              46:361                        
                                          46:367                        
                                          46:404                        
    2101(17)                              46:404                        
                                          46:1295f(c)                   
                                          46:1295g(e)(1)                
    2101(18)                              46:441(1)                     
    2101(19)                              46:404-1(1)                   
    2101(20)                              46:391a(2)(E)                 
    2101(21)                              46:390(a)                     
                                          46:404-1(4)                   
                                          46:1452(5)                    
    2101(22)                              46:391(c)                     
    2101(23)                              46:391a(2)(O)                 
    2101(24)                              46:391a(2)(G)                 
    2101(25)                              46:1452(1)(A), (B)            
    2101(26)                              46:1452(7)                    
    2101(27)                              46:390(f)                     
    2101(28)                              46:390(h)                     
    2101(29)                              46:390(i)                     
    2101(30)                              46:390(g)                     
    2101(31)                              46:441(2)                     
    2101(32)                              46:395(e)                     
    2101(33)                              46:367                        
    2101(34)                              33:151                        
                                          46:216(b)                     
                                          46:239a(b)                    
                                          46:390(d)                     
                                          46:391a(2)(I)                 
                                          46:405(b)(1)(A)               
                                          46:481(a)                     
                                          46:672(a)                     
                                          46:1452(9)                    
    2101(35)                              46:390(b)                     
    2101(36)                              ................              
                                           ..............................
    2101(37)                              46:361                        
    2101(38)                              46:391a(2)(M)                 
    2101(39)                              46:391a(3)                    
    2101(40)                              46:405                        
    2101(41)                              46:1452(3)                    
    2101(42)                              46:1452(1)(C)                 
    2101(43)                              46:526                        
    2101(44)                              ................              
                                           ..............................
    2101(45)                              1:3                           
                                          46:1452(2)                    
    2101(46)                              46:391a(2)(L)                 
    --------------------------------------------------------------------

      Section 2101(1) defines the type of "associated equipment" that
    is involved in the use of recreational boats that are subject to
    Federal regulatory authority. This equipment is subject to a number
    of controls under federally established construction and
    performance standards. Radio equipment is exempt from these
    regulatory controls, since this equipment continues to be regulated
    by the Federal Communications Commission.
      Section 2101(2) defines "barge" as a vessel that is non-self-
    propelled and that is often pushed ahead, towed alongside, or
    towed astern on a hawser by a towing vessel. It does not include a
    vessel that is propelled by sail only.
      Section 2101(3) defines "boundary line" for the establishment of
    jurisdictional parameters for various maritime safety laws. Public
    Law 96-324, codified at 33 U.S.C. 151, permits the Secretary to
    establish appropriate identifiable lines dividing inland waters of
    the U.S. from the high seas for the purpose of determining the
    applicability of these laws. These laws will now be included within
    subtitle II of title 46 - Shipping. These lines may not be located
    more than twelve nautical miles seaward of the baseline from which
    the territorial sea is measured and may differ in position for the
    purposes of different parts or sections of subtitle II.
      Section 2101(4) defines "Coast Guard".
      Section 2101(5) provides that wherever the term "commercial
    service" is used it is to include all vessels except those that are
    primarily used for combatant purposes. This is to make sure that
    vessels that are engaged in the transportation of goods or
    individuals are subject to the applicable maritime and
    environmental safety laws, even if they are sovereign controlled
    vessels.
      Section 2101(6) defines "consular officer" as one who has
    authority to issue visas. Traditionally this person is
    knowledgeable and familiar with the maritime safety and seamen's
    welfare laws.
      Section 2101(7) defines "crude oil" because certain equipment
    requirements like inert gas systems, segregated ballast tanks,
    crude oil washing systems or special ballast arrangements are
    applicable only to tank vessels that carry crude oil. Crude oil is
    still included within the definition of "hazardous material" and
    "oil".
      Section 2101(8) defines a "crude oil tanker" as one engaged in
    carrying crude oil. The definition does not include a tank barge
    since a tanker is defined as a self-propelled tank vessel. See also
    2101(38).
      Section 2101(9) makes it clear that the term "discharge" when
    referring to a substance that emanates from a vessel and is related
    to the marine environmental laws concerning pollution by oil or
    hazardous substances.
      Section 2101(10) defines a "documented vessel" as any vessel of
    the United States that has been issued a certificate of
    documentation that might include a register, enrollment, license,
    or enrollment and license for various trades.
      Section 2101(11) lists what is included in the term "fisheries"
    for the purpose of documentation of vessels and is intended to be
    all-inclusive of the numerous types of fishing activities.
      Section 2101(12) defines "foreign vessel" as any foreign flag or
    foreign operated vessel that is operated under the jurisdiction or
    authority of a government other than the United States.
      Section 2101(13) defines a "freight vessel" as a motor vessel or
    any vessel propelled by diesel or other internal combustion engines
    and that carries freight for hire.
      Section 2101(14) defines "hazardous materials" as a broad range
    of materials that are not only flammable or combustible but are
    also designated under related maritime safety and environmental
    laws.
      Section 2101(15) defines "marine environment" as an all-inclusive
    term that was developed to cover land and water areas that could be
    affected by pollution from all vessels and not only tank vessels.
      Section 2101(16) defines "motor vessel" as a vessel propelled by
    machinery other than steam to make it clear that these vessels are
    not steam vessels.
      Section 2101(17) defines "nautical school vessel" as a vessel
    that can be a privately owned and operated as well as a publicly
    owned and operated school vessel.
      Section 2101(18) defines "oceanographic research vessel" as a
    vessel employed in oceanography or limnology research or
    instruction. It is defined because this type of vessel, while not
    inspected and certified as such, is subject to a number of special
    statutory and regulatory requirements.
      Section 2101(19) defines "offshore supply vessel" as a class of
    vessel that is limited by tonnage and its employment in the mineral
    and oil industry and while so employed it is not a small passenger
    vessel.
      Section 2101(20) defines "oil" to include oil of any type, in any
    form, or in any mixture. This is the definition that originated
    with marine environment and pollution laws and continues the
    definition that was adopted by port and tanker safety laws.
      Section 2101(21) defines the term "passengers" in relation to
    various types of vessels. Due to the complexity of existing laws
    with respect to the definitions of "passenger" on various
    categories of vessels and the need to not make any changes of a
    substantive nature that could be construed as controversial, four
    definitions of "passenger" have been included.
      Section 2101(22) defines "passenger vessel" as one that is at
    least 100 gross tons and carries at least one passenger for hire.
      Section 2101(23) defines "product carrier" as a tanker that is
    engaged in carrying oil. This definition when read with the
    definition of tanker means that it is a self-propelled vessel. A
    tank barge carrying oil products is a tank vessel but is not
    subject to the special standards or requirements for a product
    carrier.
      Section 2101(24) defines a "public vessel" as a governmental
    vessel that is not in commercial service. It should be noted that a
    sovereign-controlled foreign-flag vessel that is engaged in
    commercial service is not a public vessel and is subject to
    maritime safety and environment laws.
      Section 2101(25) defines a "recreational vessel" as a class of
    vessel whose primary purpose is for pleasure. These vessels while
    not subject to inspection are subject to certain requirements of
    law to improve boating safety.
      Section 2101(26) defines a "recreational vessel manufacturer" as
    one that is involved with not only the recreational vessels
    themselves but also with their components or associated equipment.
      Section 2101(27), (28), (29), and (30) provides a number of
    definitions that define the type of instruction, instructor,
    student, and vessel that is involved in the teaching of sailing.
      Section 2101(31) defines "scientific personnel" as individuals
    engaged in oceanography or limnology because they are specially
    treated under various maritime safety requirements.
      Section 2101(32) defines a "seagoing barge" as a vessel that is
    at least 100 gross tons making voyages to sea beyond the boundary
    line.
      Section 2101(33) defines a "seagoing motor vessel" as a vessel
    that must be a motor vessel, as defined in 2101(15), of at least
    300 gross tons making voyages to sea beyond the boundary line.
      Section 2101(34) defines "Secretary" so that maritime safety and
    seamen's welfare jurisdiction remains within the Coast Guard at all
    times.
      Section 2101(35) defines "small passenger vessel" as one that is
    less than 100 gross tons carrying more than six passengers as
    defined in section 2101(21).
      Section 2101(36) defines "State" as a State, territory or
    possession of the United States and is used to establish
    jurisdictional limits for the application of the various maritime
    safety and environmental safety laws of this subtitle. This
    definition is further limited by definitions in section 2102 that
    relate to recreational boating safety and facility improvement
    programs.
      Section 2101(37) defines a "steam vessel" as a vessel propelled
    by steam. However, steam vessels of not more than 40 feet that are
    used exclusively for pleasure are not included.
      Section 2101(38) defines "tanker" as a self-propelled tank vessel
    that has been constructed or primarily adapted to carry oil or
    hazardous material in bulk in the cargo spaces. This vessel is a
    subclass of tank vessel, which is defined in section 2101(39). This
    subclass definition is necessary because certain statutory minimum
    requirements that are consistent with internationally accepted
    standards are solely applicable to these vessels.
      Section 2101(39) defines a "tank vessel" as a vessel carrying oil
    or hazardous materials in bulk or residue including a tanker as
    defined in section 2101(38).
      Section 2101(40) defines "towing vessel" as a vessel in
    commercial service that pushes, pulls, or tows alongside and
    includes what is traditionally known as a tug.
      Section 2101(41) defines "undocumented" which, in part,
    facilitates the classification of vessels that may be numbered by
    the proper issuing authority in a State.
      Section 2101(42) defines an "uninspected passenger vessel" as a
    vessel carrying six or less passengers.
      Section 2101(43) defines an "uninspected vessel" as a vessel not
    subject to inspection and certification by the Coast Guard under
    section 3301. Recreational vessels and inland towing vessels are
    typical uninspected vessels.
      Section 2101(44) defines "United States" to establish
    geographical boundaries for the applicability of the various
    maritime safety and environmental safety laws of this subtitle.
    This definition is further limited by definitions in section 2102
    that relate to recreational boating safety and facility improvement
    programs.
      Section 2101(45) makes it clear that "vessel" as used in this
    subtitle has the same meaning as is provided in section 3 of title
    1, of the U.S.C.
      Section 2101(46) defines "vessel of the United States" as a
    vessel that is documented or numbered under the laws of the United
    States. A documented vessel and those vessels that are numbered by
    a State or Federal authority are afforded the protection of the
    laws of the United States.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Presidential Proclamation No. 5928, referred to in par. (17a), is
    set out under section 1331 of Title 43, Public Lands.


-MISC2-
                                AMENDMENTS                            
      2006 - Pars. (2) to (3a). Pub. L. 109-304, Sec. 15(2)(A), struck
    out pars. (2), (3), and (3a), which defined "barge", "Boundary
    Line", and "citizen of the United States", respectively. See
    sections 102, 103, and 104 of this title.
      Par. (6). Pub. L. 109-304, Sec. 15(2)(A), struck out par. (6)
    which read as follows: " 'consular officer' means an officer or
    employee of the United States Government designated under
    regulations to grant visas." See section 105 of this title.
      Par. (8a). Pub. L. 109-304, Sec. 15(2)(B), inserted "Prevention"
    after "Abuse".
      Pars. (10), (10a). Pub. L. 109-304, Sec. 15(2)(A), struck out
    pars. (10) and (10a) which defined "documented vessel" and
    "Exclusive Economic Zone", respectively. See sections 106 and 107
    of this title.
      Par. (10b). Pub. L. 109-241, Sec. 301(a), added par. (10b).
      Par. (12). Pub. L. 109-304, Sec. 15(2)(A), struck out par. (12)
    which read as follows: " 'foreign vessel' means a vessel of foreign
    registry or operated under the authority of a country except the
    United States." See section 110 of this title.
      Par. (17b). Pub. L. 109-304, Sec. 15(2)(A), struck out par. (17b)
    which read as follows: " 'numbered vessel' means a vessel for which
    a number has been issued under chapter 123 of this title." See
    section 111 of this title.
      Par. (18). Pub. L. 109-304, Sec. 15(2)(C), struck out "those"
    after "including".
      Par. (22)(D). Pub. L. 109-241, Sec. 301(b), added subpar. (D).
      Par. (26a). Pub. L. 109-241, Sec. 312(b), added par. (26a).
      Par. (34). Pub. L. 109-304, Sec. 15(2)(D), struck out ", except
    in part H," before "means" and substituted "Secretary of" for "head
    of".
      Par. (35)(E). Pub. L. 109-241, Sec. 301(c), added subpar. (E).
      Par. (36). Pub. L. 109-304, Sec. 15(2)(A), struck out par. (36)
    which read as follows: " 'State' means a State of the United
    States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the
    District of Columbia, the Northern Mariana Islands, and any other
    territory or possession of the United States." See section 112 of
    this title.
      Par. (41). Pub. L. 109-304, Sec. 15(2)(A), struck out par. (41)
    which read as follows: " 'undocumented' means not having and not
    required to have a document issued under chapter 121 of this
    title." See section 113 of this title.
      Pars. (44) to (46). Pub. L. 109-304, Sec. 15(2)(A), struck out
    pars. (44) to (46), which defined "United States", "vessel", and
    "vessel of the United States", respectively. See sections 114, 115,
    and 116 of this title.
      2002 - Par. (17). Pub. L. 107-217 substituted "section 558 of
    title 40" for "section 13 of the Coast Guard Authorization Act of
    1986".
      Par. (35). Pub. L. 107-295, Sec. 419(a), inserted "a wing-in-
    ground craft, regardless of tonnage, carrying at least one
    passenger for hire, and" after " 'small passenger vessel' means" in
    introductory provisions.
      Par. (48). Pub. L. 107-295, Sec. 419(b), added par. (48).
      1998 - Pars. (17a), (17b). Pub. L. 105-383 added par. (17a) and
    redesignated former par. (17a) as (17b).
      1996 - Par. (13). Pub. L. 104-324, Sec. 709(1), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "15 gross tons".
      Par. (13a). Pub. L. 104-324, Sec. 709(2), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "3,500 gross tons".
      Par. (19). Pub. L. 104-324, Sec. 709(3), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "500 gross tons".
      Par. (20a). Pub. L. 104-324, Sec. 1104(a)(2), added par. (20a).
    Former par. (20a) redesignated (20b).
      Par. (20b). Pub. L. 104-324, Sec. 1104(a)(1), redesignated par.
    (20a) as (20b).
      Par. (22). Pub. L. 104-324, Sec. 709(4), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "100 gross tons".
      Par. (30)(A). Pub. L. 104-324, Sec. 709(5), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "500 gross tons".
      Par. (32). Pub. L. 104-324, Sec. 709(6), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "100 gross tons".
      Par. (33). Pub. L. 104-324, Sec. 709(7), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "300 gross tons".
      Par. (35). Pub. L. 104-324, Sec. 709(8), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "100 gross tons".
      Par. (42). Pub. L. 104-324, Sec. 709(9), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "100 gross tons" in
    subpars. (A) and (B).
      1994 - Par. (14)(C). Pub. L. 103-272 substituted "section 5103(a)
    of title 49" for "section 104 of the Hazardous Materials
    Transportation Act (49 App. U.S.C. 1803)".
      1993 - Par. (5a). Pub. L. 103-206, Sec. 507, added par. (5a).
      Par. (19). Pub. L. 103-206, Sec. 508, inserted "individuals in
    addition to the crew," after "supplies," and struck out "and is not
    a small passenger vessel" after "resources".
      Par. (21). Pub. L. 103-206, Sec. 502, amended par. (21)
    generally, substituting subpars. (A) to (D) defining "passenger"
    for former subpars. (A) to (F) defining "passenger".
      Par. (21a). Pub. L. 103-206, Sec. 506, added par. (21a).
      Par. (22). Pub. L. 103-206, Sec. 503, amended par. (22)
    generally. Prior to amendment, par. (22) read as follows: "
    'passenger vessel' means a vessel of at least 100 gross tons
    carrying at least one passenger for hire."
      Par. (30)(B). Pub. L. 103-206, Sec. 509, substituted "more than
    6" for "at least 6".
      Par. (35). Pub. L. 103-206, Sec. 504, amended par. (35)
    generally. Prior to amendment, par. (35) read as follows: " 'small
    passenger vessel' means a vessel of less than 100 gross tons
    carrying more than 6 passengers (as defined in clause (21)(B) and
    (C) of this section)."
      Par. (37a). Pub. L. 103-206, Sec. 510, added par. (37a).
      Par. (42). Pub. L. 103-206, Sec. 505, amended par. (42)
    generally. Prior to amendment, par. (42) read as follows: "
    'uninspected passenger vessel' means an uninspected vessel carrying
    not more than 6 passengers."
      1992 - Par. (13a). Pub. L. 102-587 added par. (13a).
      1990 - Par. (8a). Pub. L. 101-380 added par. (8a).
      Par. (14)(C). Pub. L. 101-595 substituted "(49 App. U.S.C. 1803)"
    for "(49 U.S.C. 1803)".
      1989 - Par. (17a). Pub. L. 101-225 added par. (17a).
      1988 - Par. (10a). Pub. L. 100-239 added par. (10a).
      Par. (14a). Pub. L. 100-424 added par. (14a).
      Par. (34). Pub. L. 100-710, Sec. 104(a)(1), inserted ", except in
    part H," before "means".
      Par. (46). Pub. L. 100-710, Sec. 104(a)(2), inserted "or titled
    under the law of a State" before period at end.
      1986 - Par. (11b). Pub. L. 99-640, Sec. 10(b)(1), inserted
    "freezing,".
      Par. (14)(C). Pub. L. 99-307, Sec. 1(1), substituted "Materials"
    for "Material".
      Par. (15a). Pub. L. 99-640, Sec. 11(a), added par. (15a).
      Par. (17). Pub. L. 99-640, Sec. 13(d), inserted "or an
    educational institution under section 13 of the Coast Guard
    Authorization Act of 1986".
      Par. (20a). Pub. L. 99-509, Sec. 5102(b)(1)(A), added par. (20a).
      Par. (21)(A)(ii). Pub. L. 99-307, Sec. 1(2)(A), inserted "or
    other individual engaged in the business of the vessel who has not
    contributed consideration for carriage on board the vessel" after
    "crewmember".
      Par. (21)(B). Pub. L. 99-307, Sec. 1(2)(D), struck out "or a
    sailing school vessel," after "passenger vessel".
      Par. (21)(B)(v) to (vii). Pub. L. 99-307, Sec. 1(2)(B), added
    cls. (v) and (vi) and struck out former cls. (v) to (vii) which
    read as follows:
      "(v) a guest on board a vessel that is being operated only for
    pleasure, or a guest on board a sailing school vessel, who has not
    contributed consideration for carriage on board;
      "(vi) an individual on board a towing vessel of at least 50 gross
    tons who has not contributed consideration for carriage on board;
    or
      "(vii) a sailing school instructor or sailing school student."
      Par. (21)(F). Pub. L. 99-307, Sec. 1(2)(C), added subpar. (F).
      Par. (30)(D). Pub. L. 99-514 substituted "Internal Revenue Code
    of 1986" for "Internal Revenue Code of 1954".
      Par. (47). Pub. L. 99-509, Sec. 5102(b)(1)(B), added par. (47).
      1984 - Par. (3a). Pub. L. 98-454 added par. (3a).
      Par. (11). Pub. L. 98-364, Sec. 402(1)(A), substituted " 'fish'
    means finfish, mollusks, crustaceans, and all other forms of marine
    animal and plant lift, except marine mammals and birds" for "
    'fisheries' includes planting, cultivating, catching, taking, or
    harvesting fish, shellfish, marine animals, pearls, shells, or
    marine vegetation at a place in the fishery conservation zone
    established by section 101 of the Magnuson Fishery Conservation and
    Management Act of 1976 (16 U.S.C. 1811)", which is now covered in
    section 12101 of this title.
      Pars. (11a) to (11c). Pub. L. 98-364, Sec. 402(1)(B), added pars.
    (11a) to (11c).
      Par. (21)(B). Pub. L. 98-557, Sec. 34(a)(1), inserted reference
    to a sailing school vessel in provisions preceding cl. (i).
      Par. (21)(E). Pub. L. 98-364, Sec. 402(1)(C), added subpar. (E).
      Par. (27). Pub. L. 98-557, Sec. 34(a)(2), designated existing
    provisions as subpar. (A) and added subpar. (B).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Pub. L. 102-587, title V, Sec. 5208(c), (d), Nov. 4, 1992, 106
    Stat. 5076, provided that:
      "(c) For Great Lakes barges placed in operation after the date of
    enactment of this Act [Nov. 4, 1992], the amendments made by this
    section [amending this section and section 3301 of this title] take
    effect on the date of enactment of this Act.
      "(d)(1) For Great Lakes barges in operation on the date of
    enactment of this Act, the amendments made by this section take
    effect one year after the date of enactment of this Act.
      "(2) The Secretary of Transportation may impose reasonable
    interim requirements to assure safe operation of the barges
    affected by paragraph (1)."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-710 effective Jan. 1, 1989, with certain
    exceptions and qualifications, see section 107 of Pub. L. 100-710,
    set out as an Effective Date note under section 31301 of this
    title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC3-
                      FISHING AND FISH TENDER VESSELS                  
      Pub. L. 103-206, title III, Sec. 321, Dec. 20, 1993, 107 Stat.
    2427, provided that:
      "(a) In this section, 'fish tender vessel', 'fishing vessel', and
    'tank vessel' have the meanings given those terms under section
    2101 of title 46, United States Code.
      "(b) A fishing vessel or fish tender vessel of not more than 750
    gross tons, when engaged only in the fishing industry, shall not be
    deemed to be a tank vessel for the purposes of any law.
      "(c)(1) This section does not affect the authority of the
    Secretary of Transportation under chapter 33 of title 46, United
    States Code, to regulate the operation of the vessels listed in
    subsection (b) to ensure the safe carriage of oil and hazardous
    substances.
      "(2) This section does not affect the requirement for fish tender
    vessels engaged in the Aleutian trade to comply with chapters 33,
    45, 51, 81, and 87 of title 46, United States Code, as provided in
    the Aleutian Trade Act of 1990 (Public Law 101-595) [see Short
    Title of 1990 Amendment note set out under section 101 of this
    title]."

                APPLICABILITY DATE FOR REVISED REGULATIONS            
      Pub. L. 103-206, title V, Sec. 513, Dec. 20, 1993, 107 Stat.
    2443, provided that:
      "(a) Applicability Date for Certain Chartered Vessels. - Revised
    regulations governing small passenger vessels and passenger vessels
    (as the definitions of those terms in section 2101 of title 46,
    United States Code, are amended by this Act) shall not, before the
    date that is 6 months after the date of enactment of this Act [Dec.
    20, 1993], apply to such vessels when chartered with no crew
    provided.
      "(b) Extension of Period. - The Secretary of the department in
    which the Coast Guard is operating shall extend for up to 30
    additional months or until issuance of a certificate of inspection,
    whichever occurs first, the period of inapplicability specified in
    subsection (a) if the owner of the vessel concerned carries out the
    provisions of subsection (c) to the satisfaction of the Secretary.
      "(c) Conditions for Extension. - To receive an extension
    authorized by subsection (b), the owner of the vessel shall - 
        "(1) make application for inspection with the Coast Guard
      within 6 months after the date of enactment of this Act [Dec. 20,
      1993];
        "(2) make the vessel available for examination by the Coast
      Guard prior to the carriage of passengers;
        "(3)(A) correct especially any hazardous conditions involving
      the vessel's structure, electrical system, and machinery
      installation, such as (i) grossly inadequate, missing, unsound,
      or severely deteriorated frames or major structural members; (ii)
      wiring systems or electrical appliances without proper grounding
      or overcurrent protection; and (iii) significant fuel or exhaust
      system leaks;
        "(B) equip the vessel with lifesaving and fire fighting
      equipment, or the portable equivalent, required for the route and
      number of persons carried; and
        "(C) verify through stability tests, calculations, or other
      practical means (which may include a history of safe operations)
      that the vessel's stability is satisfactory for the size, route,
      and number of passengers; and
        "(4) develop a work plan approved by the Coast Guard to
      complete in a good faith effort all requirements necessary for
      issuance of a certificate of inspection as soon as practicable.
      "(d) Operation of Vessel During Extension Period. - The owner of
    a vessel receiving an extension under this section shall operate
    the vessel under the conditions of route, service, number of
    passengers, manning, and equipment as may be prescribed by the
    Coast Guard for the extension period."

                   TANK VESSEL DEFINITION CLARIFICATION               
      Pub. L. 102-587, title V, Sec. 5209, Nov. 4, 1992, 106 Stat.
    5076, as amended by Pub. L. 105-383, title IV, Sec. 422, Nov. 13,
    1998, 112 Stat. 3439, provided that:
      "(a) In this section, 'offshore supply vessel', 'fish tender
    vessel', 'fishing vessel', and 'tank vessel' have the meanings
    given those terms under section 2101 of title 46, United States
    Code.
      "(b) The following vessels are deemed not to be a tank vessel for
    the purposes of any law:
        "(1) An offshore supply vessel.
        "(2) A fishing or fish tender vessel of not more than 750 gross
      tons that transfers without charge to a fishing vessel owned by
      the same person.
        "(3) A vessel - 
          "(A) configured, outfitted, and operated primarily for
        dredging operations; and
          "(B) engaged in dredging operations which transfers fuel to
        other vessels engaged in the same dredging operations without
        charge.
      "(c)(1) This section does not affect the authority of the
    Secretary of Transportation under chapter 33 of title 46, United
    States Code, to regulate the operation of the vessels listed in
    subsection (b) to ensure the safe carriage of oil and hazardous
    substances.
      "(2) This section does not affect the requirement for fish tender
    vessels engaged in the Aleutian trade to comply with chapters 33,
    45, 51, 81, and 87 of title 46, United States Code, as provided in
    the Aleutian Trade Act of 1990 ([title VI of] Public Law 101-595)
    [see Short Title of 1990 Amendment note set out under section 101
    of this title].
      "(d) Current regulations governing the vessels in subsection (b)
    remain in effect."

-End-



-CITE-
    46 USC Sec. 2102                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2102. Limited definitions

-STATUTE-
      In chapters 33, 45, 51, 81, and 87 of this title, "Aleutian
    trade" means the transportation of cargo (including fishery related
    products) for hire on board a fish tender vessel to or from a place
    in Alaska west of 153 degrees west longitude and east of 172
    degrees east longitude, if that place receives weekly common
    carrier service by water, to or from a place in the United States
    (except a place in Alaska).

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 505; Pub. L. 98-369, div.
    A, title X, Sec. 1011(a), July 18, 1984, 98 Stat. 1013; Pub. L. 99-
    509, title V, Sec. 5102(b)(2), Oct. 21, 1986, 100 Stat. 1926; Pub.
    L. 101-595, title VI, Sec. 602(a), Nov. 16, 1990, 104 Stat. 2990;
    Pub. L. 109-304, Secs. 15(3), 16(a), Oct. 6, 2006, 120 Stat. 1702,
    1705.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2102                                  46:1452(10)-(14)              
    --------------------------------------------------------------------

      Section 2102 contains a number of definitions that are limited to
    recreational vessels in Chapter 43 of Part B and the numbering of
    these vessels in Chapter 123 of Part H.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304 redesignated subsec. (b) as entire
    section, substituted "west" for "West" and "east" for "East", and
    struck out subsec. (a) which defined "eligible State", "State",
    "United States", and "State recreational boating safety program" in
    chapters 37, 43, 51, and 123 of this title and part I of this
    subtitle.
      1990 - Pub. L. 101-595 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1986 - Pub. L. 99-509 inserted reference to chapters 37 and 51.
      1984 - Par. (1). Pub. L. 98-369, Sec. 1011(a)(1), struck out "and
    facilities improvement" after "recreational boating safety".
      Par. (3). Pub. L. 98-369, Sec. 1011(a)(2), (3), redesignated par.
    (5) as (3) and struck out former par. (3) which defined a State
    recreational boating facilities improvement program.
      Par. (4). Pub. L. 98-369, Sec. 1011(a)(2), struck out par. (4)
    which defined State recreational boating safety and facilities
    improvement program.
      Par. (5). Pub. L. 98-369, Sec. 1011(a)(3), redesignated par. (5)
    as (3).

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-369 effective Oct. 1, 1984, to apply with
    respect to fiscal years beginning after Sept. 30, 1984, see section
    1013 of Pub. L. 98-369, set out as a note under section 13101 of
    this title.

-End-



-CITE-
    46 USC Sec. 2103                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2103. Superintendence of the merchant marine

-STATUTE-
      The Secretary has general superintendence over the merchant
    marine of the United States and of merchant marine personnel
    insofar as the enforcement of this subtitle is concerned and
    insofar as those vessels and personnel are not subject, under other
    law, to the supervision of another official of the United States
    Government. In the interests of marine safety and seamen's welfare,
    the Secretary shall enforce this subtitle and shall carry out
    correctly and uniformly administer this subtitle. The Secretary may
    prescribe regulations to carry out the provisions of this subtitle.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 99-307, Sec.
    9, May 19, 1986, 100 Stat. 447.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2103                                  46:2                          
                                          46:372                        
                                          46:689                        
    --------------------------------------------------------------------

      Section 2103 provides the Secretary with the authority to
    superintend the merchant marine and those involved personnel
    insofar as the vessels and personnel are not subject, under other
    laws, to the supervision of another official. The Secretary has the
    duty to enforce the laws with respect to vessels and seamen and to
    carry out correctly and uniformly these laws and regulations. The
    term "superintendence" is used to indicate the Secretary's broad
    responsibility for overseeing maritime safety and seamen's welfare,
    including employment, shipping, navigation, and protection of the
    marine environment.

                                AMENDMENTS                            
      1986 - Pub. L. 99-307 substituted "subtitle. The Secretary may
    prescribe regulations to carry out the provisions of this subtitle"
    for "subtitle and regulations prescribed under this subtitle".

-End-



-CITE-
    46 USC Sec. 2104                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2104. Delegation

-STATUTE-
      (a) The Secretary may delegate the duties and powers conferred by
    this subtitle to any officer, employee, or member of the Coast
    Guard, and may provide for the subdelegation of those duties and
    powers.
      (b) When this subtitle authorizes an officer or employee of the
    Customs Service to act in place of a Coast Guard official, the
    Secretary may designate that officer or employee subject to the
    approval of the Secretary of the Treasury.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2104                                  46:65v(1)                     
                                          46:382b                       
                                          46:416                        
                                          46:543                        
                                          46:689                        
    --------------------------------------------------------------------

      Section 2104 provides the Secretary with authority to delegate
    duties and powers to others. It also contains the authority to
    designate an officer or employee of the United States Customs
    Service to act in the place of a Coast Guard official.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 2105                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2105. Report

-STATUTE-
      The Secretary shall provide for the investigation of the
    operation of this subtitle and of all laws related to marine
    safety, and shall require that a report be made to the Secretary
    annually about those matters that may require improvement or
    amendment.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2105                                  46:4                          
    --------------------------------------------------------------------

      Section 2105 requires the Secretary to investigate the operation
    of this subtitle and all laws related to maritime safety and
    requires appropriate reports to ensure that the Secretary is
    attentive to all the shipping laws under the Secretary's
    superintendence.

-End-



-CITE-
    46 USC Sec. 2106                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2106. Liability in rem

-STATUTE-
      When a vessel is made liable in rem under this subtitle, the
    vessel may be libeled and proceeded against in the district court
    of the United States for any district in which the vessel is found.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 109-304, Sec.
    15(4), Oct. 6, 2006, 120 Stat. 1702.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2106                                  46:170(14)                    
                                          46:216e(e)                    
                                          46:390d                       
                                          46:391a(14)(C)                
                                          46:436                        
                                          46:462                        
                                          46:481(c)                     
                                          46:497                        
                                          46:526o                       
                                          46:672(j)                     
                                          46:1484(b)                    
    --------------------------------------------------------------------

      Section 2106 provides that when a vessel is made liable in rem
    the vessel may be libeled and proceeded against in a United States
    district court.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304 substituted "the district court of the
    United States for any district" for "a district court of the United
    States".

-End-



-CITE-
    46 USC Sec. 2107                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2107. Civil penalty procedures

-STATUTE-
      (a) After notice and an opportunity for a hearing, a person found
    by the Secretary to have violated this subtitle or subtitle VII or
    a regulation prescribed under this subtitle or subtitle VII for
    which a civil penalty is provided, is liable to the United States
    Government for the civil penalty provided. The amount of the civil
    penalty shall be assessed by the Secretary by written notice. In
    determining the amount of the penalty, the Secretary shall consider
    the nature, circumstances, extent, and gravity of the prohibited
    acts committed and, with respect to the violator, the degree of
    culpability, any history of prior offenses, ability to pay, and
    other matters that justice requires.
      (b) The Secretary may compromise, modify, or remit, with or
    without consideration, a civil penalty under this subtitle or
    subtitle VII until the assessment is referred to the Attorney
    General.
      (c) If a person fails to pay an assessment of a civil penalty
    after it has become final, the Secretary may refer the matter to
    the Attorney General for collection in an appropriate district
    court of the United States.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 109-241, title
    III, Sec. 306(b), July 11, 2006, 120 Stat. 528.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2107                                  33:364                        
                                          46:7                          
                                          46:65u                        
                                          46:216e(d)                    
                                          46:391a(14)                   
                                          46:526o                       
                                          46:526p                       
                                          46:1484(c)                    
    --------------------------------------------------------------------

      Section 2107 provides for standard procedures for the handling of
    civil penalties for infractions of law or regulation. Some changes
    were made to increase some antiquated and inadequate penalties.
      The assessment of civil penalties under this section should not
    require an "on the record" hearing within the meaning of the
    Administrative Procedures Act (APA). It is intended that these
    civil penalties be assessed in a fair manner. However, the
    Committee recognizes that statutes passed in the last decade have
    involved the Coast Guard in tens of thousands of civil penalty
    enforcement cases and that it is necessary that the penalties be
    assessed efficiently. The Coast Guard's procedural regulations for
    assessing civil penalties ensure that the essential elements of due
    process, notice, and opportunity to be heard, are provided to
    alleged violators (see 33 CFR Subpart 1.07). The more rigid and
    time-consuming procedures applicable to APA adjudications are
    unwarranted in the case of Coast Guard civil penalty assessment
    procedures and would seriously hamper the orderly enforcement of
    these administrative penalties.

                                AMENDMENTS                            
      2006 - Pub. L. 109-241 substituted "this subtitle or subtitle
    VII" for "this subtitle" in two places in subsec. (a) and in one
    place in subsec. (b).

-End-



-CITE-
    46 USC Sec. 2108                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2108. Repealed.

-MISC1-
    [Sec. 2108. Repealed. Pub. L. 109-304, Sec. 15(5), Oct. 6, 2006,
      120 Stat. 1702].
      Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507, related to
    refund of penalties unlawfully, improperly, or excessively imposed.
    See section 504 of this title.

-End-



-CITE-
    46 USC Sec. 2109                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2109. Public vessels

-STATUTE-
      Except as otherwise provided, this subtitle does not apply to a
    public vessel of the United States. However, this subtitle does
    apply to a vessel (except a Saint Lawrence Seaway Development
    Corporation vessel) owned or operated by the Department of
    Transportation or by any corporation organized or controlled by the
    Department.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99-509, title
    V, Sec. 5102(b)(3), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 109-241,
    title IX, Sec. 902(e)(1), July 11, 2006, 120 Stat. 567.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2109                                  46:362                        
                                          46:363                        
                                          46:391a(4)                    
    --------------------------------------------------------------------

      Section 2109 exempts public vessels from the applicability of the
    maritime safety and seamen's welfare laws of this subtitle although
    some public vessels are inspected under interagency voluntary
    agreements.

                                AMENDMENTS                            
      2006 - Pub. L. 109-241 struck out "a Coast Guard or" after
    "(except".
      1986 - Pub. L. 99-509 substituted "Except as otherwise provided,
    this" for "This".

-End-



-CITE-
    46 USC Sec. 2110                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2110. Fees

-STATUTE-
      (a)(1) Except as otherwise provided in this title, the Secretary
    shall establish a fee or charge for a service or thing of value
    provided by the Secretary under this subtitle, in accordance with
    section 9701 of title 31.
      (2) The Secretary may not establish a fee or charge under
    paragraph (1) for inspection or examination of a non-self-propelled
    tank vessel under part B of this subtitle that is more than $500
    annually. The Secretary may not establish a fee or charge under
    paragraph (1) for inspection or examination of a small passenger
    vessel under this title that is more than $300 annually for such
    vessels under 65 feet in length, or more than $600 annually for
    such vessels 65 feet in length and greater. The Secretary may not
    establish a fee or charge under paragraph (1) for inspection or
    examination under this title for any publicly-owned ferry.
      (3) The Secretary may, by regulation, adjust a fee or charge
    collected under this subsection to accommodate changes in the cost
    of providing a specific service or thing of value, but the adjusted
    fee or charge may not exceed the total cost of providing the
    service or thing of value for which the fee or charge is collected,
    including the cost of collecting the fee or charge.
      (4) The Secretary may not collect a fee or charge under this
    subsection that is in conflict with the international obligations
    of the United States.
      (5) The Secretary may not collect a fee or charge under this
    subsection for any search or rescue service.
      (b)(1) The Secretary shall establish a fee or charge as provided
    in paragraph (2) of this subsection, and collect it annually in
    fiscal years 1993 and 1994, from the owner or operator of each
    recreational vessel to which paragraph (2) of this subsection
    applies.
      (2) The fee or charge established under paragraph (1) of this
    subsection is as follows:
        (A) in fiscal year 1993 - 
          (i) for vessels of more than 21 feet in length but less than
        27 feet, not more than $35;
          (ii) for vessels of at least 27 feet in length but less than
        40 feet, not more than $50; and
          (iii) for vessels of at least 40 feet in length, not more
        than $100; and

        (B) in fiscal year 1994 - 
          (i) for vessels of at least 37 feet in length but less than
        40 feet, not more than $50; and
          (ii) for vessels of at least 40 feet in length, not more than
        $100.

      (3) The fee or charge established under this subsection applies
    only to vessels operated on the navigable waters of the United
    States where the Coast Guard has a presence.
      (4) The fee or charge established under this subsection does not
    apply to a - 
        (A) public vessel; or
        (B) vessel deemed to be a public vessel under section 827 of
      title 14.

      (5) The Secretary shall provide to each person who pays a fee or
    charge under this subsection a separate document on which appears,
    in readily discernible print, only the following statement: "The
    fee for which this document was provided was established under the
    Omnibus Budget Reconciliation Act of 1990. Persons paying this fee
    can expect no increase in the quantity, quality, or variety of
    services the person receives from the Coast Guard as a result of
    that payment."
      (c) In addition to the collection of fees and charges established
    under subsections (a) and (b), the Secretary may recover
    appropriate collection and enforcement costs associated with
    delinquent payments of the fees and charges.
      (d)(1) The Secretary may employ any Federal, State, or local
    agency or instrumentality, or any private enterprise or business,
    to collect a fee or charge established under this section. A
    private enterprise or business selected by the Secretary to collect
    fees or charges - 
        (A) shall be subject to reasonable terms and conditions agreed
      to by the Secretary and the enterprise or business;
        (B) shall provide appropriate accounting to the Secretary; and
        (C) may not institute litigation as part of that collection.

      (2) A Federal agency shall account for the agency's costs of
    collecting the fee or charge under this subsection as a
    reimbursable expense, and the costs shall be credited to the
    account from which expended.
      (e) A person that violates this section by failing to pay a fee
    or charge established under this section is liable to the United
    States Government for a civil penalty of not more than $5,000 for
    each violation.
      (f) When requested by the Secretary, the Secretary of Homeland
    Security shall deny the clearance required by section 60105 of this
    title to a vessel for which a fee or charge established under this
    section has not been paid until the fee or charge is paid or until
    a bond is posted for the payment.
      (g) The Secretary may exempt a person from paying a fee or charge
    established under this section if the Secretary determines that it
    is in the public interest to do so.
      (h) Fees and charges collected by the Secretary under this
    section shall be deposited in the general fund of the Treasury as
    offsetting receipts of the department in which the Coast Guard is
    operating and ascribed to Coast Guard activities.
      (i) The collection of a fee or charge under this section does not
    alter or expand the functions, powers, responsibilities, or
    liability of the United States under any law for the performance of
    services or the provision of a thing of value for which a fee or
    charge is collected under this section.
      (j) The Secretary may not establish or collect a fee or charge
    for the inspection under part B of this subtitle of training
    vessels operated by State maritime academies.
      (k) The Secretary may not plan, implement or finalize any
    regulation that would promulgate any new maritime user fee which
    was not implemented and collected prior to January 1, 1998,
    including a fee or charge for any domestic icebreaking service or
    any other navigational assistance service. This subsection expires
    on September 30, 2006.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99-509, title
    V, Sec. 5102(b)(4), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100-710,
    title I, Sec. 104(a)(3), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 101-
    508, title X, Sec. 10401(a), Nov. 5, 1990, 104 Stat. 1388-397;
    Pub. L. 102-241, Sec. 53, Dec. 19, 1991, 105 Stat. 2232; Pub. L.
    102-582, title V, Sec. 501(a), Nov. 2, 1992, 106 Stat. 4909; Pub.
    L. 102-587, title V, Sec. 5207, Nov. 4, 1992, 106 Stat. 5075; Pub.
    L. 104-324, title XI, Sec. 1112, Oct. 19, 1996, 110 Stat. 3970;
    Pub. L. 105-383, title II, Sec. 207, Nov. 13, 1998, 112 Stat. 3416;
    Pub. L. 107-295, title III, Sec. 344, Nov. 25, 2002, 116 Stat.
    2106; Pub. L. 109-304, Sec. 15(6), Oct. 6, 2006, 120 Stat. 1702.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2110                                  46:331                        
    --------------------------------------------------------------------

      Section 2110 prevents the assessment of user fees for certain
    maritime safety and seamen's welfare services unless otherwise
    provided for by law. These include:
      Measurement of tonnage and certifying the same, except that the
    compensation and necessary travel and subsistence expenses of the
    officers so measuring or certifying such vessels at the request of
    the owners thereof at a place other than a port of entry or a
    customs station shall be paid by such owners; issuing of license or
    granting of certificate of registry, record, or enrollment,
    including all indorsements on the same and oath; indorsement of
    change of master; certifying and receiving manifest, including
    master's oath and permit; granting permit to vessels licensed for
    the fisheries to touch and trade; granting certificate of payment
    of tonnage dues; recording bill of sale, mortgage, hypothecation or
    conveyance, or the discharge of such mortgage or hypothecation;
    furnishing certificate of title; furnishing the crew list;
    certificate of protection to seamen; bill of health; shipping or
    discharging of seamen; apprenticing boys to the merchant service;
    inspecting, examining, and licensing steam vessels, including
    inspection certificate and copies thereof; and licensing of master,
    engineer, pilot, or mate of a vessel.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Omnibus Budget Reconciliation Act of 1990, referred to in
    subsec. (b)(5), is Pub. L. 101-508, Nov. 5, 1990, 104 Stat. 1388.
    For complete classification of this Act to the Code, see Tables.


-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (a)(2). Pub. L. 109-304, Sec. 15(6)(A),
    substituted "part B of this subtitle" for "part B of this title".
      Subsec. (b)(2)(A)(iii). Pub. L. 109-304, Sec. 15(6)(B),
    substituted "; and" for period at end.
      Subsec. (b)(5). Pub. L. 109-304, Sec. 15(6)(C), substituted "The
    fee" for "The fees".
      Subsec. (f). Pub. L. 109-304, Sec. 15(6)(D), substituted
    "Secretary of Homeland Security shall deny the clearance required
    by section 60105 of this title" for "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)".
      Subsec. (j). Pub. L. 109-304, Sec. 15(6)(E), substituted "State"
    for "state".
      2002 - Subsec. (k). Pub. L. 107-295 substituted "2006" for
    "2001".
      1998 - Subsec. (k). Pub. L. 105-383 added subsec. (k).
      1996 - Subsec. (a)(2). Pub. L. 104-324, Sec. 1112, which directed
    amendment of section 10401(g) of Pub. L. 101-508 by inserting "The
    Secretary may not establish a fee or charge under paragraph (1) for
    inspection or examination of a small passenger vessel under this
    title that is more than $300 annually for such vessels under 65
    feet in length, or more than $600 annually for such vessels 65 feet
    in length and greater. The Secretary may not establish a fee or
    charge under paragraph (1) for inspection or examination under this
    title for any publicly-owned ferry." after "annually.", was
    executed by making insertion in subsec. (a)(2) of this section to
    reflect the probable intent of Congress, because section 10401(a)
    of Pub. L. 101-508 amended this section generally, and section
    10401 of Pub. L. 101-508 did not contain a subsec. (g).
      1992 - Subsec. (b)(1). Pub. L. 102-582, Sec. 501(a)(1),
    substituted "1993 and 1994" for "1991, 1992, 1993, 1994, and 1995"
    and "to which paragraph (2) of this subsection applies" for "that
    is greater than 16 feet in length".
      Subsec. (b)(2). Pub. L. 102-582, Sec. 501(a)(2), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "The fee
    or charge established under paragraph (1) of this subsection is as
    follows:
        "(A) for vessels greater than 16 feet in length but less than
      20 feet, not more than $25;
        "(B) for vessels of at least 20 feet in length but less than 27
      feet, not more than $35;
        "(C) for vessels of at least 27 feet in length but less than 40
      feet, not more than $50; and
        "(D) for vessels of at least 40 feet in length, not more than
      $100."
      Subsec. (j). Pub. L. 102-587 added subsec. (j).
      1991 - Subsec. (b)(5). Pub. L. 102-241 added par. (5).
      1990 - Pub. L. 101-508, as amended by Pub. L. 104-324,
    substituted "Fees" for "Fees prohibited" as section catchline and
    amended text generally. Prior to amendment, text read as follows:
    "Fees may not be charged or collected by the Secretary for services
    provided for in this subtitle related to the engagement and
    discharge of seamen, the inspection and examination of vessels
    under part B of this subtitle, and the licensing of masters, mates,
    pilots, and engineers, except when specifically provided for in
    this subtitle." See 1996 Amendment note above.
      1988 - Pub. L. 100-710 substituted "and the licensing of masters,
    mates, pilots, and engineers" for "the licensing of masters, mates,
    pilots, and engineers, and the documentation of vessels".
      1986 - Pub. L. 99-509 substituted "examination of vessels under
    part B of this subtitle" for "examination of vessels" and struck
    out "measurement or" before "documentation".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Pub. L. 102-582, title V, Sec. 501(b), Nov. 2, 1992, 106 Stat.
    4910, provided that: "The amendments made by this section [amending
    this section] are effective October 1, 1992."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-710 effective Jan. 1, 1989, with certain
    exceptions and qualifications, see section 107 of Pub. L. 100-710,
    set out as an Effective Date note under section 31301 of this
    title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC3-
           ACCEPTANCE OF EVIDENCE OF PAYMENT OF COAST GUARD FEES       
      Pub. L. 102-587, title V, Sec. 5214, Nov. 4, 1992, 106 Stat.
    5077, provided that: "The Secretary of Transportation may not issue
    a citation for failure to pay a fee or charge established under
    section 2110 of title 46, United States Code, to an owner or
    operator of a recreational vessel who provides reasonable evidence
    of prior payment of the fee or charge to a Coast Guard boarding
    officer."

-End-



-CITE-
    46 USC Sec. 2111                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2111. Pay for overtime services

-STATUTE-
      (a) The Secretary may prescribe a reasonable rate of extra pay
    for overtime services of civilian officers and employees of the
    Coast Guard required to remain on duty between 5 p.m. and 8 a.m.,
    or on Sundays or holidays, to perform services related to - 
        (1) the inspection of vessels or their equipment;
        (2) the engagement and discharge of crews of vessels;
        (3) the measurement of vessels; and
        (4) the documentation of vessels.

      (b) Except for Sundays and holidays, the overtime rate provided
    under subsection (a) of this section is one-half day's additional
    pay for each 2 hours of overtime (or part of 2 hours of at least
    one hour). The total extra pay may be not more than 2 and one-half
    days' pay for any one period from 5 p.m. to 8 a.m.
      (c) The overtime rate provided under subsection (a) of this
    section for Sundays and holidays is 2 additional days' pay.
      (d) The owner, charterer, managing operator, agent, master, or
    individual in charge of the vessel shall pay the amount of the
    overtime pay provided under this section to the official designated
    by regulation. The official shall deposit the amount paid to the
    Treasury as miscellaneous receipts. Payment to the officer or
    employee entitled to the pay shall be made from the annual
    appropriations for salaries and expenses of the Coast Guard.
      (e) The overtime pay provided under this section shall be paid if
    the authorized officers and employees have been ordered to report
    for duty and have reported, even if services requested were not
    performed.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2111                                  46:382b                       
    --------------------------------------------------------------------

      Section 2111 provides for the payment of overtime rates for work
    performed by civilian officers and employees of the Coast Guard for
    certain specified activities.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 2112                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2112. Authority to change working hours

-STATUTE-
      In a port at which the customary working hours begin before 8
    a.m. or end after 5 p.m., the Secretary may regulate the working
    hours of the officers and employees referred to in section 2111 of
    this title so that those hours conform to the prevailing working
    hours of the port. However - 
        (1) the total period for which overtime pay may be required
      under section 2111 of this title may not be more than 15 hours
      between any 2 periods of ordinary working hours on other than
      Sundays and holidays;
        (2) the length of the working day for the officers and
      employees involved may not be changed; and
        (3) the rate of overtime pay may not be changed.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2112                                  46:382b                       
    --------------------------------------------------------------------

      Section 2112 provides the Secretary with the authority to
    regulate the working hours of civilian officers and employees of
    the Coast Guard to conform with the prevailing working hours of a
    port.

-End-



-CITE-
    46 USC Sec. 2113                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2113. Authority to exempt certain vessels

-STATUTE-
      If the Secretary decides that the application of a provision of
    part B, C, F, or G of this subtitle is not necessary in performing
    the mission of the vessel engaged in excursions or an oceanographic
    research vessel, or not necessary for the safe operation of certain
    vessels carrying passengers, the Secretary by regulation may - 
        (1) for a vessel, issue a special permit specifying the
      conditions of operation and equipment;
        (2) exempt an oceanographic research vessel from that provision
      under conditions the Secretary may specify;
        (3) establish different operating and equipment requirements
      for vessels defined in section 2101(42)(A) of this title;
        (4) establish different structural fire protection, manning,
      operating, and equipment requirements for vessels of at least 100
      gross tons but less than 300 gross tons as measured under section
      14502 of this title, or an alternate tonnage measured under
      section 14302 of this title as prescribed by the Secretary under
      section 14104 of this title carrying not more than 150 passengers
      on domestic voyages if the owner of the vessel - 
          (A) makes application for inspection to the Coast Guard
        within 6 months of the date of enactment of the Passenger
        Vessel Safety Act of 1993; and
          (B) provides satisfactory documentation that the vessel was
        chartered at least once within the previous 12 months prior to
        the date of enactment of that Act; and

        (5) establish different structural fire protection, manning,
      operating, and equipment requirements for former public vessels
      of the United States of at least 100 gross tons but less than 500
      gross tons as measured under section 14502 of this title, or an
      alternate tonnage measured under section 14302 of this title as
      prescribed by the Secretary under section 14104 of this title,
      carrying not more than 150 passengers on domestic voyages, if the
      owner of the vessel - 
          (A) makes application for inspection to the Coast Guard
        within 6 months of the date of enactment of the Passenger
        Vessel Safety Act of 1993; and
          (B) provides satisfactory documentation that the vessel was
        chartered at least once within the previous 12 months prior to
        the date of enactment of that Act.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 103-206, title
    V, Sec. 511(a), Dec. 20, 1993, 107 Stat. 2441; Pub. L. 104-324,
    title VII, Sec. 710, Oct. 19, 1996, 110 Stat. 3935.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2113                                  46:445                        
                                          46:453                        
    --------------------------------------------------------------------

      Section 2113 provides the Secretary with the authority to exempt
    certain vessels from the inspection and manning requirements of law
    when vessels are engaged in excursions or oceanographic research.
    This is the authority of the issuance of excursion permits when
    special circumstances justify the waiver of certain maritime safety
    and seamen's welfare laws for a short period of time. It also
    contains flexible exemption authority for regulation of
    oceanographic research vessels.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Passenger Vessel Safety Act of 1993,
    referred to in pars. (4) and (5), is the date of the enactment of
    Pub. L. 103-206, which was approved Dec. 20, 1993.


-MISC2-
                                AMENDMENTS                            
      1996 - Par. (4). Pub. L. 104-324, Sec. 710(1), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "less than 300
    gross tons".
      Par. (5). Pub. L. 104-324, Sec. 710(2), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "less than 500 gross
    tons".
      1993 - Pub. L. 103-206 amended section catchline and text
    generally. Prior to amendment, text read as follows: "If the
    Secretary decides that the application of a provision of part B or
    F of this subtitle is not necessary in performing the mission of a
    vessel engaged in excursions or an oceanographic research vessel,
    the Secretary by regulation may - 
        "(1) for an excursion vessel, issue a special permit specifying
      the conditions of operation and equipment; and
        "(2) exempt the oceanographic research vessel from that
      provision under conditions the Secretary may specify."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 2114                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2114. Protection of seamen against discrimination

-STATUTE-
      (a)(1) A person may not discharge or in any manner discriminate
    against a seaman because - 
        (A) the seaman in good faith has reported or is about to report
      to the Coast Guard or other appropriate Federal agency or
      department that the seaman believes that a violation of a
      maritime safety law or regulation prescribed under that law or
      regulation has occurred; or
        (B) the seaman has refused to perform duties ordered by the
      seaman's employer because the seaman has a reasonable
      apprehension or expectation that performing such duties would
      result in serious injury to the seaman, other seamen, or the
      public.

      (2) The circumstances causing a seaman's apprehension of serious
    injury under paragraph (1)(B) must be of such a nature that a
    reasonable person, under similar circumstances, would conclude that
    there is a real danger of an injury or serious impairment of health
    resulting from the performance of duties as ordered by the seaman's
    employer.
      (3) To qualify for protection against the seaman's employer under
    paragraph (1)(B), the employee must have sought from the employer,
    and been unable to obtain, correction of the unsafe condition.
      (b) A seaman discharged or otherwise discriminated against in
    violation of this section may bring an action in an appropriate
    district court of the United States. In that action, the court may
    order any appropriate relief, including - 
        (1) restraining violations of this section;
        (2) reinstatement to the seaman's former position with back
      pay;
        (3) an award of costs and reasonable attorney's fees to a
      prevailing plaintiff not exceeding $1,000; and
        (4) an award of costs and reasonable attorney's fees to a
      prevailing employer not exceeding $1,000 if the court finds that
      a complaint filed under this section is frivolous or has been
      brought in bad faith.

-SOURCE-
    (Added Pub. L. 98-557, Sec. 13(a), Oct. 30, 1984, 98 Stat. 2863;
    amended Pub. L. 107-295, title IV, Sec. 428, Nov. 25, 2002, 116
    Stat. 2127.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-295, Sec. 428(a), amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows: "An
    owner, charterer, managing operator, agent, master, or individual
    in charge of a vessel may not discharge or in any manner
    discriminate against a seaman because the seaman in good faith has
    reported or is about to report to the Coast Guard that the seaman
    believes that a violation of this subtitle, or a regulation issued
    under this subtitle, has occurred."
      Subsec. (b)(3), (4). Pub. L. 107-295, Sec. 428(b), added pars.
    (3) and (4).


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 2115                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 21 - GENERAL

-HEAD-
    Sec. 2115. Civil penalty to enforce alcohol and dangerous drug
      testing

-STATUTE-
      Any person who fails to implement or conduct, or who otherwise
    fails to comply with the requirements prescribed by the Secretary
    for, chemical testing for dangerous drugs or for evidence of
    alcohol use, as prescribed under this subtitle or a regulation
    prescribed by the Secretary to carry out the provisions of this
    subtitle, is liable to the United States Government for a civil
    penalty of not more than $5,000 for each violation. Each day of a
    continuing violation shall constitute a separate violation.

-SOURCE-
    (Added Pub. L. 104-324, title III, Sec. 303(a), Oct. 19, 1996, 110
    Stat. 3917; amended Pub. L. 105-383, title III, Sec. 304(b), Nov.
    13, 1998, 112 Stat. 3419.)


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-383 substituted "$5,000" for "$1,000".

-End-


-CITE-
    46 USC CHAPTER 23 - OPERATION OF VESSELS GENERALLY          01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-
                CHAPTER 23 - OPERATION OF VESSELS GENERALLY            

-MISC1-
    Sec.                                                     
    2301.       Application.                                          
    2302.       Penalties for negligent operations and interfering
                 with safe operation.                                 
    2303.       Duties related to marine casualty assistance and
                 information.                                         
    2303a.      Post serious marine casualty alcohol testing.         
    2304.       Duty to provide assistance at sea.                    
    2305.       Injunctions.                                          
    2306.       Vessel reporting requirements.                        
    2307.       Limitation of liability for Coast Guard Vessel Traffic
                 Service pilots.                                      

                       HISTORICAL AND REVISION NOTES                   
      Chapter 23 lists requirements that relate to the general
    operation of all vessels. These include penalties and injunctive
    relief for negligent operation of a vessel. It also provides
    penalties for failure to render assistance.

                                AMENDMENTS                            
      2002 - Pub. L. 107-295, title IV, Sec. 431(b), Nov. 25, 2002, 116
    Stat. 2128, added item 2307.
      1998 - Pub. L. 105-383, title III, Secs. 302(b), 304(d)(2), Nov.
    13, 1998, 112 Stat. 3418, 3420, added item 2302, struck out former
    item 2302 "Penalties for negligent operations", and added item
    2303a.
      1984 - Pub. L. 98-498, title II, Sec. 212(a)(1), Oct. 19, 1984,
    98 Stat. 2305, added item 2306.

-End-



-CITE-
    46 USC Sec. 2301                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-
    Sec. 2301. Application

-STATUTE-
      Except as provided in sections 2304 and 2306 of this title, this
    chapter applies to a vessel operated on waters subject to the
    jurisdiction of the United States (including the territorial sea of
    the United States as described in Presidential Proclamation No.
    5928 of December 27, 1988) and, for a vessel owned in the United
    States, on the high seas.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 98-498, title
    II, Sec. 212(a)(2), Oct. 19, 1984, 98 Stat. 2305; Pub. L. 105-383,
    title III, Sec. 301(b)(2), Nov. 13, 1998, 112 Stat. 3417; Pub. L.
    109-304, Sec. 15(7), Oct. 6, 2006, 120 Stat. 1702.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2301                                  46:480                        
    --------------------------------------------------------------------

      Section 2301 provides that this chapter is applicable to all
    vessels, including foreign flag vessels, when operating on waters
    subject to the jurisdiction of the United States. Any vessel owned
    in the United States while operating on the high seas would be
    included. By ownership the Committee means those vessels that are
    documented or numbered under United States laws and those other
    vessels that are neither documented or numbered but are of national
    origin and are not documented under the laws of a foreign nation.
    This chapter is applicable to a foreign flag vessel that is in
    innocent passage through territorial waters of the United States,
    presently 3 miles seaward, whether or not it is bound to or from a
    port subject to the jurisdiction of the United States.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Presidential Proclamation No. 5928, referred to in text, is set
    out under section 1331 of Title 43, Public Lands.


-MISC2-
                                AMENDMENTS                            
      2006 - Pub. L. 109-304 substituted "sections 2304 and" for
    "section".
      1998 - Pub. L. 105-383 inserted "(including the territorial sea
    of the United States as described in Presidential Proclamation No.
    5928 of December 27, 1988)" after "of the United States".
      1984 - Pub. L. 98-498 substituted "Except as provided in section
    2306 of this title, this chapter" for "This chapter".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-498 effective 180 days after Oct. 19,
    1984, see section 214 of Pub. L. 98-498, set out as an Effective
    Date note under section 2306 of this title.

-End-



-CITE-
    46 USC Sec. 2302                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-
    Sec. 2302. Penalties for negligent operations and interfering with
      safe operation

-STATUTE-
      (a) A person operating a vessel in a negligent manner or
    interfering with the safe operation of a vessel, so as to endanger
    the life, limb, or property of a person is liable to the United
    States Government for a civil penalty of not more than $5,000 in
    the case of a recreational vessel, or $25,000 in the case of any
    other vessel.
      (b) A person operating a vessel in a grossly negligent manner
    that endangers the life, limb, or property of a person commits a
    class A misdemeanor.
      (c) An individual who is under the influence of alcohol, or a
    dangerous drug in violation of a law of the United States when
    operating a vessel, as determined under standards prescribed by the
    Secretary by regulation - 
        (1) is liable to the United States Government for a civil
      penalty of not more than $5,000; or
        (2) commits a class A misdemeanor.

      (d) For a penalty imposed under this section, the vessel also is
    liable in rem unless the vessel is - 
        (1) owned by a State or a political subdivision of a State;
        (2) operated principally for governmental purposes; and
        (3) identified clearly as a vessel of that State or
      subdivision.

      (e)(1) A vessel may not transport Government-impelled cargoes if -
     
        (A) the vessel has been detained and determined to be
      substandard by the Secretary for violation of an international
      safety convention to which the United States is a party, and the
      Secretary has published notice of that detention and
      determination in an electronic form, including the name of the
      owner of the vessel; or
        (B) the operator of the vessel has on more than one occasion
      had a vessel detained and determined to be substandard by the
      Secretary for violation of an international safety convention to
      which the United States is a party, and the Secretary has
      published notice of that detention and determination in an
      electronic form, including the name of the owner of the vessel.

      (2) The prohibition in paragraph (1) expires for a vessel on the
    earlier of - 
        (A) 1 year after the date of the publication in electronic form
      on which the prohibition is based; or
        (B) any date on which the owner or operator of the vessel
      prevails in an appeal of the violation of the relevant
      international convention on which the detention is based.

      (3) As used in this subsection, the term "Government-impelled
    cargo" means cargo for which a Federal agency contracts directly
    for shipping by water or for which (or the freight of which) a
    Federal agency provides financing, including financing by grant,
    loan, or loan guarantee, resulting in shipment of the cargo by
    water.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 98-557, Sec.
    7(a), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 101-380, title IV,
    Secs. 4105(b)(2), 4302(a), Aug. 18, 1990, 104 Stat. 513, 537; Pub.
    L. 102-587, title V, Sec. 5102, Nov. 4, 1992, 106 Stat. 5071; Pub.
    L. 105-383, title III, Secs. 302(a), 304(c), title IV, Sec. 408(a),
    Nov. 13, 1998, 112 Stat. 3417, 3419, 3430; Pub. L. 107-295, title
    III, Sec. 325, Nov. 25, 2002, 116 Stat. 2105.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2302(a)                               46:1461(d)                    
                                          46:1484(b)                    
    2302(b)                               46:1461(d)                    
                                          46:1483                       
    2302(c)                               46:1484(b)                    
    --------------------------------------------------------------------

      Section 2302 states that the negligent operation of a vessel is
    prohibited. These acts are subject to civil and criminal penalties
    and the involved vessel is subject to an in rem action. The
    negligent operation provisions have their genesis in the Act of
    April 25, 1940, 54 Stat. 167, when Congress prescribed that no
    person shall operate any motorboat or any vessel in a reckless or
    negligent manner. This provision was directed at all vessels and
    not those solely engaged in recreational boating. When the Federal
    Boat Safety Act of 1971, P.L. 92-75, 85 Stat. 217 (46 U.S.C. 1461)
    was enacted it adopted the reckless or negligent operation
    provisions of the 1940 Act. It adopted for the first time a
    provision for assessing civil penalties in addition to criminal
    penalties. It dropped the word "reckless" because of redundancy. It
    also combined the two classes of vessels; "any motorboat or any
    vessel" into one class by using the word "vessel" and defined
    vessel as including every description of watercraft.

                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-295 substituted "$5,000 in the
    case of a recreational vessel, or $25,000 in the case of any other
    vessel" for "$1,000"
      1998 - Pub. L. 105-383, Sec. 302(a)(1), substituted "Penalties
    for negligent operations and interfering with safe operation" for
    "Penalties for negligent operations" in section catchline.
      Subsec. (a). Pub. L. 105-383, Sec. 302(a)(2), substituted "or
    interfering with the safe operation of a vessel, so as to endanger"
    for "that endangers".
      Subsec. (c)(1). Pub. L. 105-383, Sec. 304(c), substituted
    "$5,000; or" for "$1,000 for a first violation and not more than
    $5,000 for a subsequent violation; or".
      Subsec. (e). Pub. L. 105-383, Sec. 408(a), added subsec. (e).
      1992 - Subsec. (c)(1). Pub. L. 102-587 substituted "$1,000 for a
    first violation and not more than $5,000 for a subsequent
    violation" for "$1,000".
      1990 - Subsec. (b). Pub. L. 101-380, Sec. 4302(a)(1), substituted
    "commits a class A misdemeanor" for "shall be fined not more than
    $5,000, imprisoned for not more than one year, or both".
      Subsec. (c). Pub. L. 101-380, Secs. 4105(b)(2), 4302(a)(2)(A),
    substituted "under the influence of alcohol, or a dangerous drug in
    violation of a law of the United States" for "intoxicated" and
    struck out ", shall be" after "by the Secretary by regulation".
      Subsec. (c)(1). Pub. L. 101-380, Sec. 4302(a)(2)(B), substituted
    "is liable" for "liable".
      Subsec. (c)(2). Pub. L. 101-380, Sec. 4302(a)(2)(C), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows: "fined
    not more than $5,000, imprisoned for not more than one year, or
    both."
      1984 - Subsecs. (c), (d). Pub. L. 98-557 added subsec. (c) and
    redesignated former subsec. (c) as (d).

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-383, title IV, Sec. 408(b), Nov. 13, 1998, 112 Stat.
    3431, provided that: "The amendment made by subsection (a)
    [amending this section] takes effect January 1, 1999."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-



-CITE-
    46 USC Sec. 2303                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-
    Sec. 2303. Duties related to marine casualty assistance and
      information

-STATUTE-
      (a) The master or individual in charge of a vessel involved in a
    marine casualty shall - 
        (1) render necessary assistance to each individual affected to
      save that affected individual from danger caused by the marine
      casualty, so far as the master or individual in charge can do so
      without serious danger to the master's or individual's vessel or
      to individuals on board; and
        (2) give the master's or individual's name and address and
      identification of the vessel to the master or individual in
      charge of any other vessel involved in the casualty, to any
      individual injured, and to the owner of any property damaged.

      (b) An individual violating this section or a regulation
    prescribed under this section shall be fined not more than $1,000
    or imprisoned for not more than 2 years. The vessel also is liable
    in rem to the United States Government for the fine.
      (c) An individual complying with subsection (a) of this section
    or gratuitously and in good faith rendering assistance at the scene
    of a marine casualty without objection by an individual assisted,
    is not liable for damages as a result of rendering assistance or
    for an act or omission in providing or arranging salvage, towage,
    medical treatment, or other assistance when the individual acts as
    an ordinary, reasonable, and prudent individual would have acted
    under the circumstances.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 509.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2303(a)                               33:367                        
                                          46:1465(a)                    
    2303(b)                               33:368                        
    2303(c)                               46:1465(b)                    
    --------------------------------------------------------------------

      Section 2303 requires a master or anyone in charge of a vessel to
    provide assistance and render aid to those involved in a marine
    casualty and to exchange information in a manner similar to
    automobile accident cases. It also includes a "Good Samaritan"
    clause that exonerates anyone from liability when rendering
    assistance in an ordinary, reasonable, or prudent manner.

-End-



-CITE-
    46 USC Sec. 2303a                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-
    Sec. 2303a. Post serious marine casualty alcohol testing

-STATUTE-
      (a) The Secretary shall establish procedures to ensure that after
    a serious marine casualty occurs, alcohol testing of crew members
    or other persons responsible for the operation or other safety-
    sensitive functions of the vessel or vessels involved in such
    casualty is conducted no later than 2 hours after the casualty
    occurs, unless such testing cannot be completed within that time
    due to safety concerns directly related to the casualty.
      (b) The procedures in subsection (a) shall require that if
    alcohol testing cannot be completed within 2 hours of the
    occurrence of the casualty, such testing shall be conducted as soon
    thereafter as the safety concerns in subsection (a) have been
    adequately addressed to permit such testing, except that such
    testing may not be required more than 8 hours after the casualty
    occurs.

-SOURCE-
    (Added Pub. L. 105-383, title III, Sec. 304(d)(1), Nov. 13, 1998,
    112 Stat. 3419.)

-End-



-CITE-
    46 USC Sec. 2304                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-
    Sec. 2304. Duty to provide assistance at sea

-STATUTE-
      (a)(1) A master or individual in charge of a vessel shall render
    assistance to any individual found at sea in danger of being lost,
    so far as the master or individual in charge can do so without
    serious danger to the master's or individual's vessel or
    individuals on board.
      (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.
      (b) A master or individual violating this section shall be fined
    not more than $1,000, imprisoned for not more than 2 years, or
    both.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 509; Pub. L. 109-304, Sec.
    15(8), Oct. 6, 2006, 120 Stat. 1703.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2304                                  46:728                        
    --------------------------------------------------------------------

      Section 2304 requires a master or individual in charge of a
    vessel to render assistance to those in danger at sea if able to do
    so without seriously endangering the vessel or crew.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-304 designated existing
    provisions as par. (1) and added par. (2).

-End-



-CITE-
    46 USC Sec. 2305                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-
    Sec. 2305. Injunctions

-STATUTE-
      (a) The district courts of the United States have jurisdiction to
    enjoin the negligent operation of vessels prohibited by this
    chapter on the petition of the Attorney General for the United
    States Government.
      (b) When practicable, the Secretary shall - 
        (1) give notice to any person against whom an action for
      injunctive relief is considered under this section an opportunity
      to present that person's views; and
        (2) except for a knowing and willful violation, give the person
      a reasonable opportunity to achieve compliance.

      (c) The failure to give notice and opportunity to present views
    under subsection (b) of this section does not preclude the court
    from granting appropriate relief.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 509.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    2305                                  46:1485                       
    --------------------------------------------------------------------

      Section 2305 provides injunctive authority to enjoin the
    negligent operation of vessels. This authority can also be used to
    enjoin the operation of foreign or domestic vessels on our waters
    when they are unsuitable for the voyage intended.

-End-



-CITE-
    46 USC Sec. 2306                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-
    Sec. 2306. Vessel reporting requirements

-STATUTE-
      (a)(1) An owner, charterer, managing operator, or agent of a
    vessel of the United States, having reason to believe (because of
    lack of communication with or nonappearance of a vessel or any
    other incident) that the vessel may have been lost or imperiled,
    immediately shall - 
        (A) notify the Coast Guard; and
        (B) use all available means to determine the status of the
      vessel.

      (2) When more than 48 hours have passed since the owner,
    charterer, managing operator, or agent of a vessel required to
    report to the United States Flag Merchant Vessel Location Filing
    System under authority of section 50113 of this title has received
    a communication from the vessel, the owner, charterer, managing
    operator, or agent immediately shall - 
        (A) notify the Coast Guard; and
        (B) use all available means to determine the status of the
      vessel.

      (3) A person notifying the Coast Guard under paragraph (1) or (2)
    of this subsection shall provide the name and identification number
    of the vessel, the names of individuals on board, and other
    information that may be requested by the Coast Guard. The owner,
    charterer, managing operator, or agent also shall submit written
    confirmation to the Coast Guard within 24 hours after nonwritten
    notification to the Coast Guard under those paragraphs.
      (4) An owner, charterer, managing operator, or agent violating
    this subsection is liable to the United States Government for a
    civil penalty of not more than $5,000 for each day during which the
    violation occurs.
      (b)(1) The master of a vessel of the United States required to
    report to the System shall report to the owner, charterer, managing
    operator, or agent at least once every 48 hours.
      (2) A master violating this subsection is liable to the
    Government for a civil penalty of not more than $1,000 for each day
    during which the violation occurs.
      (c) The Secretary may prescribe regulations to carry out this
    section.

-SOURCE-
    (Added Pub. L. 98-498, title II, Sec. 212(a)(3), Oct. 19, 1984, 98
    Stat. 2305; amended Pub. L. 109-304, Sec. 15(9), Oct. 6, 2006, 120
    Stat. 1703.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(2). Pub. L. 109-304 substituted "section 50113
    of this title" for "section 212(A) of the Merchant Marine Act, 1936
    (46 App. U.S.C. 1122a),".

                              EFFECTIVE DATE                          
      Pub. L. 98-498, title II, Sec. 214, Oct. 19, 1984, 98 Stat. 2306,
    provided that: "Sections 211(a) and 212 of this subtitle [enacting
    this section and amending sections 2302, 3309, 6101, and 6103 of
    this title] are effective one hundred and eighty days after the
    date of enactment of this Act [Oct. 19, 1984]."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 2307                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part A - General Provisions
    CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-
    Sec. 2307. Limitation of liability for Coast Guard Vessel Traffic
      Service pilots

-STATUTE-
      Any pilot, acting in the course and scope of his or her duties
    while at a United States Coast Guard Vessel Traffic Service, who
    provides information, advice, or communication assistance while
    under the supervision of a Coast Guard officer, member, or employee
    shall not be liable for damages caused by or related to such
    assistance unless the acts or omissions of such pilot constitute
    gross negligence or willful misconduct.

-SOURCE-
    (Added Pub. L. 107-295, title IV, Sec. 431(a), Nov. 25, 2002, 116
    Stat. 2128.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-


-CITE-
    46 USC Part B - Inspection and Regulation of Vessels        01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels

-HEAD-
               PART B - INSPECTION AND REGULATION OF VESSELS           


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Part B provides authority and responsibility for the inspection
    and regulation of vessels by the Coast Guard. This part specifies
    those vessels subject to inspection, those that are specifically
    exempt from inspection, and related inspection requirements and
    procedures. Due to the need for special requirements for the
    inspection and regulation of passenger vessels and those vessels
    carrying liquid bulk dangerous cargoes separate chapters have been
    developed. Additional chapters provide for recreational vessels and
    those other vessels that are regulated but are not subject to
    inspection and certification by the Coast Guard. It should also be
    noted that the United States is signatory to a number of
    international treaties on maritime safety and seamen's welfare,
    such as the various Safety of Life at Sea (SOLAS) treaties, and
    that their provisions and requirements are part of United States
    maritime law and in many cases are quite extensive.

-End-


-CITE-
    46 USC CHAPTER 31 - GENERAL                                 01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 31 - GENERAL

-HEAD-
                           CHAPTER 31 - GENERAL                       

-MISC1-
    Sec.                                                     
    3101.       Authority to suspend inspection.                      
    3102.       Immersion suits.                                      
    3103.       Use of reports, documents, and records.               

                                AMENDMENTS                            
      1996 - Pub. L. 104-324, title VI, Sec. 603(b), Oct. 19, 1996, 110
    Stat. 3930, added item 3103.
      1988 - Pub. L. 100-424, Sec. 8(a)(3), Sept. 9, 1988, 102 Stat.
    1593, substituted "Immersion" for "Exposure" in item 3102.
      1985 - Pub. L. 99-36, Sec. 2, May 15, 1985, 99 Stat. 68, repealed
    section 22 of Pub. L. 98-557 and the amendments made by that
    section, which added first identical item 3102, effective Nov. 8,
    1984, thereby leaving Pub. L. 98-623 as the sole authority for the
    addition of item 3102. See 1984 Amendment note below.
      1984 - Pub. L. 98-557, Sec. 22(a)(2), Oct. 30, 1984, 98 Stat.
    2871, and Pub. L. 98-623, title VII, Sec. 701(a)(2), Nov. 8, 1984,
    98 Stat. 3413, added identical item 3102. See 1985 Amendment note
    above.

-End-



-CITE-
    46 USC Sec. 3101                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 31 - GENERAL

-HEAD-
    Sec. 3101. Authority to suspend inspection

-STATUTE-
      When the President decides that the needs of foreign commerce
    require, the President may suspend a provision of this part for a
    foreign-built vessel registered as a vessel of the United States on
    conditions the President may specify.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3101                                  46:82                         
    --------------------------------------------------------------------

      Section 3101 provides the President with the authority to suspend
    the inspection laws for a foreign-built reflagged U.S. vessel when
    the needs of foreign commerce require this. For example, if a
    foreign-flag vessel is reflagged in the U.S. but does not meet the
    specific Coast Guard inspection requirements, the President could
    suspend these requirements.

                              EFFECTIVE DATE                          
      Pub. L. 98-89, Sec. 2(g)(1), Aug. 26, 1983, 97 Stat. 599,
    provided that: "Part B [chapters 31 to 43] of subtitle II and
    sections 7306 (related to able seaman sail) and 7311 of title 46
    (as enacted by section 1 of this Act) take effect April 15, 1984,
    or when regulations for sailing school vessels under part B are
    effective, whichever is earlier." [Part B of subtitle II and
    sections 7306 (related to able seaman sail) and 7311 of title 46
    effective Apr. 15, 1984, in absence of regulations for sailing
    school vessels under part B on that date.]


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation to Secretary of the Treasury of authority vested
    in President by this section, see Ex. Ord. No. 10289, Sept. 17,
    1951, 16 F.R. 9499, as amended, set out as a note under section 301
    of Title 3, The President.

-End-



-CITE-
    46 USC Sec. 3102                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 31 - GENERAL

-HEAD-
    Sec. 3102. Immersion suits

-STATUTE-
      (a) The Secretary shall by regulation require immersion suits on
    vessels designated by the Secretary that operate in the Atlantic
    Ocean north of 32 degrees North latitude or south of 32 degrees
    South latitude and in all other waters north of 35 degrees North
    latitude or south of 35 degrees South latitude. The Secretary may
    not exclude a vessel from designation under this section only
    because that vessel carries other lifesaving equipment.
      (b) The Secretary shall establish standards for an immersion suit
    required by this section, including standards to guarantee adequate
    thermal protection, buoyance, and flotation stability.
      (c)(1) The owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel violating this section or a
    regulation prescribed under this section is liable to the United
    States Government for a civil penalty of not more than $5,000. The
    vessel also is liable in rem for the penalty.
      (2) The owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel violating this section or a
    regulation prescribed under this section may be fined not more than
    $25,000, imprisoned for not more than 5 years, or both.

-SOURCE-
    (Added Pub. L. 98-557, Sec. 22(a)(1), Oct. 30, 1984, 98 Stat. 2871;
    amended Pub. L. 98-623, title VII, Sec. 701(a)(1), Nov. 8, 1984, 98
    Stat. 3413; Pub. L. 99-36, Sec. 2, May 15, 1985, 99 Stat. 68; Pub.
    L. 100-424, Sec. 8(a)(1), (2), Sept. 9, 1988, 102 Stat. 1592,
    1593.)

-COD-
                               CODIFICATION                           
      Pub. L. 98-557 and Pub. L. 98-623 enacted identical section 3102
    of this title. Section 22 of Pub. L. 98-557, which enacted first
    identical section 3102 of this title, was repealed by section 2 of
    Pub. L. 99-36, set out below as a Repeal of Duplicate Section note.


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-424 substituted "Immersion" for "Exposure" in
    section catchline, and "immersion" for "exposure" in subsecs. (a)
    and (b).

         REPEAL OF DUPLICATE SECTION 3102; REFERENCES THERETO AND
                    REGULATIONS AND ACTIONS THEREUNDER
      Pub. L. 99-36, Sec. 2, May 15, 1985, 99 Stat. 68, provided that:
    "Section 22 of the Coast Guard Authorization Act of 1984 (Public
    Law 98-557; 98 Stat. 2871), and the amendments made by such section
    [enacting first identical section 3102 of this title and provisions
    set out as a note under this section and amending the analysis of
    chapter 31 of this title], are repealed as of November 8, 1984.
    Regulations prescribed and actions taken under, and references to,
    such section and the amendments made by such section are deemed to
    be regulations prescribed and actions taken under, and references
    to, section 701 of the Act of November 8, 1984 (Public Law 98-623;
    98 Stat. 3413), and the amendments made by such section 701
    [enacting second identical section 3102 of this title and
    provisions set out as a note under this section and amending the
    analysis of chapter 31 of this title]."

                                REGULATIONS                            
      Pub. L. 98-623, title VII, Sec. 701(b), (c), Nov. 8, 1984, 98
    Stat. 3413, provided:
      "(b) Section 3102 of title 46, United States Code (as added by
    subsection (a) of this section), does not limit the authority of
    the Secretary of the department in which the Coast Guard is
    operating to prescribe regulations requiring exposure suits on
    vessels not required by section 3102 to have exposure suits.
      "(c) The regulations prescribed under section 3102 of title 46,
    United States Code (as added by subsection (a) of this section),
    shall be effective not later than 60 days after the date of
    enactment of this title [Nov. 8, 1984]." [Regulations effective
    Dec. 30, 1984, see 49 F.R. 50722, Dec. 31, 1984.]
      [For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.]
      Similar provisions were contained in section 22(b), (c) of Pub.
    L. 98-557, which was repealed by section 2 of Pub. L. 99-36, set
    out above as a Repeal of Duplicate Section note.

-End-



-CITE-
    46 USC Sec. 3103                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 31 - GENERAL

-HEAD-
    Sec. 3103. Use of reports, documents, and records

-STATUTE-
      The Secretary may rely, as evidence of compliance with this
    subtitle, on - 
        (1) reports, documents, and records of other persons who have
      been determined by the Secretary to be reliable; and
        (2) other methods the Secretary has determined to be reliable.

-SOURCE-
    (Added Pub. L. 104-324, title VI, Sec. 603(a), Oct. 19, 1996, 110
    Stat. 3930.)

-End-


-CITE-
    46 USC CHAPTER 32 - MANAGEMENT OF VESSELS                   01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 32 - MANAGEMENT OF VESSELS

-HEAD-
                    CHAPTER 32 - MANAGEMENT OF VESSELS                

-MISC1-
    Sec.                                                     
    3201.       Definitions.                                          
    3202.       Application.                                          
    3203.       Safety management system.                             
    3204.       Implementation of safety management system.           
    3205.       Certification.                                        

-End-



-CITE-
    46 USC Sec. 3201                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 32 - MANAGEMENT OF VESSELS

-HEAD-
    Sec. 3201. Definitions

-STATUTE-
      In this chapter - 
        (1) "International Safety Management Code" has the same meaning
      given that term in chapter IX of the Annex to the International
      Convention for the Safety of Life at Sea, 1974;
        (2) "responsible person" means - 
          (A) the owner of a vessel to which this chapter applies; or
          (B) any other person that has - 
            (i) assumed the responsibility for operation of a vessel to
          which this chapter applies from the owner; and
            (ii) agreed to assume with respect to the vessel
          responsibility for complying with all the requirements of
          this chapter and the regulations prescribed under this
          chapter.

        (3) "vessel engaged on a foreign voyage" means a vessel to
      which this chapter applies - 
          (A) arriving at a place under the jurisdiction of the United
        States from a place in a foreign country;
          (B) making a voyage between places outside the United States;
        or
          (C) departing from a place under the jurisdiction of the
        United States for a place in a foreign country.

-SOURCE-
    (Added Pub. L. 104-324, title VI, Sec. 602(a), Oct. 19, 1996, 110
    Stat. 3928.)


-MISC1-
                 SAFETY MANAGEMENT CODE REPORT AND POLICY             
      Pub. L. 105-383, title III, Sec. 306, Nov. 13, 1998, 112 Stat.
    3420, provided that:
      "(a) Report on Implementation and Enforcement of the
    International Safety Management Code. - 
        "(1) The Secretary of Transportation (in this section referred
      to as the 'Secretary') shall conduct a study - 
          "(A) reporting on the status of implementation of the
        International Safety Management Code (hereafter referred to in
        this section as 'Code');
          "(B) detailing enforcement actions involving the Code,
        including the role documents and reports produced pursuant to
        the Code play in such enforcement actions;
          "(C) evaluating the effects the Code has had on marine safety
        and environmental protection, and identifying actions to
        further promote marine safety and environmental protection
        through the Code;
          "(D) identifying actions to achieve full compliance with and
        effective implementation of the Code; and
          "(E) evaluating the effectiveness of internal reporting and
        auditing under the Code, and recommending actions to ensure the
        accuracy and candidness of such reporting and auditing.
      These recommended actions may include proposed limits on the use
      in legal proceedings of documents produced pursuant to the Code.
        "(2) The Secretary shall provide opportunity for the public to
      participate in and comment on the study conducted under paragraph
      (1).
        "(3) Not later than 18 months after the date of the enactment
      of this Act [Nov. 13, 1998], the Secretary shall submit to the
      Congress a report on the results of the study conducted under
      paragraph (1).
      "(b) Policy. - 
        "(1) Not later than 9 months after submission of the report in
      subsection (a)(3), the Secretary shall develop a policy to
      achieve full compliance with and effective implementation of the
      Code. The policy may include - 
          "(A) enforcement penalty reductions and waivers, limits on
        the use in legal proceedings of documents produced pursuant to
        the Code, or other incentives to ensure accurate and candid
        reporting and auditing;
          "(B) any other measures to achieve full compliance with and
        effective implementation of the Code; and
          "(C) if appropriate, recommendations to Congress for any
        legislation necessary to implement one or more elements of the
        policy.
        "(2) The Secretary shall provide opportunity for the public to
      participate in the development of the policy in paragraph (1).
        "(3) Upon completion of the policy in paragraph (1), the
      Secretary shall publish the policy in the Federal Register and
      provide opportunity for public comment on the policy."

                      VESSEL MANAGEMENT METHODS STUDY                  
      Pub. L. 104-324, title VI, Sec. 602(c), Oct. 19, 1996, 110 Stat.
    3930, provided that:
      "(1) In general. - The Secretary of the department in which the
    Coast Guard is operating shall conduct, in cooperation with the
    owners, charterers, and managing operators of vessels documented
    under chapter 121 of title 46, United States Code, and other
    interested persons, a study of the methods that may be used to
    implement and enforce the International Management Code for the
    Safe Operation of Ships and for Pollution Prevention under chapter
    IX of the Annex to the International Convention for the Safety of
    Life at Sea, 1974.
      "(2) Report. - The Secretary shall submit to the Congress a
    report of the results of the study required under paragraph (1)
    before the earlier of - 
        "(A) the date that final regulations are prescribed under
      section 3203 of title 46, United States Code (as enacted by
      subsection (a)[)]; or
        "(B) the date that is 1 year after the date of enactment of
      this Act [Oct. 19, 1996]."

            INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA        
      For International Conventions for the Safety of Life at Sea to
    which the United States has been a party, see section 1602 of Title
    33, Navigation and Navigable Waters, and notes thereunder.

-End-



-CITE-
    46 USC Sec. 3202                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 32 - MANAGEMENT OF VESSELS

-HEAD-
    Sec. 3202. Application

-STATUTE-
      (a) Mandatory Application. - This chapter applies to a vessel
    that - 
        (1)(A) is transporting more than 12 passengers described in
      section 2101(21)(A) of this title; or
        (B) is of at least 500 gross tons as measured under section
      14302 of this title and is a tanker, freight vessel, bulk freight
      vessel, high speed freight vessel, or self-propelled mobile
      offshore drilling unit; and
        (2)(A) is engaged on a foreign voyage; or
        (B) is a foreign vessel departing from a place under the
      jurisdiction of the United States on a voyage, any part of which
      is on the high seas.

      (b) Voluntary Application. - This chapter applies to a vessel not
    described in subsection (a) of this section if the owner of the
    vessel requests the Secretary to apply this chapter to the vessel.
      (c) Exception. - Except as provided in subsection (b) of this
    section, this chapter does not apply to - 
        (1) a barge;
        (2) a recreational vessel not engaged in commercial service;
        (3) a fishing vessel;
        (4) a vessel operating on the Great Lakes or its tributary and
      connecting waters; or
        (5) a public vessel.

-SOURCE-
    (Added Pub. L. 104-324, title VI, Sec. 602(a), Oct. 19, 1996, 110
    Stat. 3928; amended Pub. L. 108-293, title IV, Sec. 405(a), Aug. 9,
    2004, 118 Stat. 1043.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-293 reenacted heading without
    change and amended text generally. Prior to amendment, text read as
    follows: "This chapter applies to the following vessels engaged on
    a foreign voyage:
        "(1) Beginning July 1, 1998 - 
          "(A) a vessel transporting more than 12 passengers described
        in section 2101(21)(A) of this title; and
          "(B) a tanker, bulk freight vessel, or high-speed freight
        vessel, of at least 500 gross tons.
        "(2) Beginning July 1, 2002, a freight vessel and a self-
      propelled mobile offshore drilling unit of at least 500 gross
      tons."

-End-



-CITE-
    46 USC Sec. 3203                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 32 - MANAGEMENT OF VESSELS

-HEAD-
    Sec. 3203. Safety management system

-STATUTE-
      (a) In General. - The Secretary shall prescribe regulations which
    establish a safety management system for responsible persons and
    vessels to which this chapter applies, including - 
        (1) a safety and environmental protection policy;
        (2) instructions and procedures to ensure safe operation of
      those vessels and protection of the environment in compliance
      with international and United States law;
        (3) defined levels of authority and lines of communications
      between, and among, personnel on shore and on the vessel;
        (4) procedures for reporting accidents and nonconformities with
      this chapter;
        (5) procedures for preparing for and responding to emergency
      situations; and
        (6) procedures for internal audits and management reviews of
      the system.

      (b) Compliance With Code. - Regulations prescribed under this
    section shall be consistent with the International Safety
    Management Code with respect to vessels to which this chapter
    applies under section 3202(a) of this title.

-SOURCE-
    (Added Pub. L. 104-324, title VI, Sec. 602(a), Oct. 19, 1996, 110
    Stat. 3928; amended Pub. L. 108-293, title IV, Sec. 405(b), Aug. 9,
    2004, 118 Stat. 1043.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-293 substituted "vessels to which
    this chapter applies under section 3202(a) of this title" for
    "vessels engaged on a foreign voyage".

-End-



-CITE-
    46 USC Sec. 3204                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 32 - MANAGEMENT OF VESSELS

-HEAD-
    Sec. 3204. Implementation of safety management system

-STATUTE-
      (a) Safety Management Plan. - Each responsible person shall
    establish and submit to the Secretary for approval a safety
    management plan describing how that person and vessels of the
    person to which this chapter applies will comply with the
    regulations prescribed under section 3203(a) of this title.
      (b) Approval. - Upon receipt of a safety management plan
    submitted under subsection (a), the Secretary shall review the plan
    and approve it if the Secretary determines that it is consistent
    with and will assist in implementing the safety management system
    established under section 3203.
      (c) Prohibition on Vessel Operation. - A vessel to which this
    chapter applies under section 3202(a) may not be operated without
    having on board a Safety Management Certificate and a copy of a
    Document of Compliance issued for the vessel under section 3205 of
    this title.

-SOURCE-
    (Added Pub. L. 104-324, title VI, Sec. 602(a), Oct. 19, 1996, 110
    Stat. 3929.)

-End-



-CITE-
    46 USC Sec. 3205                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 32 - MANAGEMENT OF VESSELS

-HEAD-
    Sec. 3205. Certification

-STATUTE-
      (a) Issuance of Certificate and Document. - After verifying that
    the responsible person for a vessel to which this chapter applies
    and the vessel comply with the applicable requirements under this
    chapter, the Secretary shall issue for the vessel, on request of
    the responsible person, a Safety Management Certificate and a
    Document of Compliance.
      (b) Maintenance of Certificate and Document. - A Safety
    Management Certificate and a Document of Compliance issued for a
    vessel under this section shall be maintained by the responsible
    person for the vessel as required by the Secretary.
      (c) Verification of Compliance. - The Secretary shall - 
        (1) periodically review whether a responsible person having a
      safety management plan approved under section 3204(b) and each
      vessel to which the plan applies is complying with the plan; and
        (2) revoke the Secretary's approval of the plan and each Safety
      Management Certificate and Document of Compliance issued to the
      person for a vessel to which the plan applies, if the Secretary
      determines that the person or a vessel to which the plan applies
      has not complied with the plan.

      (d) Enforcement. - At the request of the Secretary, the Secretary
    of Homeland Security shall withhold or revoke the clearance
    required by section 60105 of this title of a vessel that is subject
    to this chapter under section 3202(a) of this title or to the
    International Safety Management Code, if the vessel does not have
    on board a Safety Management Certificate and a copy of a Document
    of Compliance for the vessel. Clearance may be granted on filing a
    bond or other surety satisfactory to the Secretary.

-SOURCE-
    (Added Pub. L. 104-324, title VI, Sec. 602(a), Oct. 19, 1996, 110
    Stat. 3929; amended Pub. L. 109-304, Sec. 15(10), Oct. 6, 2006, 120
    Stat. 1703.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (d). Pub. L. 109-304, which directed the
    substitution of "Secretary of Homeland Security shall withhold or
    revoke the clearance required by section 60105 of this title" for
    "Secretary of the Treasury shall withhold or revoke the clearance
    required by section 4197 of the Revised Statutes (46 App. U.S.C.
    91)", was executed by making the substitution for text which
    included "(46 U.S.C. App. 91)" rather than "(46 App. U.S.C. 91)",
    to reflect the probable intent of Congress.

-End-


-CITE-
    46 USC CHAPTER 33 - INSPECTION GENERALLY                    01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
                     CHAPTER 33 - INSPECTION GENERALLY                 

-MISC1-
    Sec.                                                     
    3301.       Vessels subject to inspection.                        
    3302.       Exemptions.                                           
    3303.       Reciprocity for foreign vessels.                      
    3304.       Transporting individuals in addition to crew.         
    3305.       Scope and standards of inspection.                    
    3306.       Regulations.                                          
    3307.       Frequency of inspection.                              
    3308.       Examinations.                                         
    3309.       Certificate of inspection.                            
    3310.       Records of certification.                             
    3311.       Certificate of inspection required.                   
    3312.       Display of certificate of inspection.                 
    3313.       Compliance with certificate of inspection.            
    3314.       Expiration of certificate of inspection.              
    3315.       Disclosure of defects and protection of informants.   
    3316.       Classification societies.                             
    3317.       Fees.                                                 
    3318.       Penalties.                                            

                       HISTORICAL AND REVISION NOTES                   
      Chapter 33 consolidates the laws governing the inspection and
    certification of vessels by the Coast Guard that have developed
    over a period in excess of 140 years. The original laws were
    directed to the safety of the relatively new and potentially
    dangerous steam vessel. The demand for Federal remedial legislation
    began during the early 1800's after frequent and disastrous
    explosions of steam boilers on passenger vessels. This directly led
    to the first maritime safety laws in 1838 that required periodic
    inspection and certification of vessels engaged in the
    transportation of passengers and freight on the waters of the
    United States. This was followed by a more extensive steamboat
    inspection law in 1852 which adopted for the first time the
    principle of licensing for river pilots and engineers. It also
    created a new Federal maritime safety inspection service called the
    Federal Inspection Service that eventually became the Bureau of
    Marine Inspection and Navigation, whose duties were temporarily
    assumed in 1941 and permanently assumed in 1946 by the United
    States Coast Guard.
      In 1864 the principal inspection and licensing provisions of the
    1852 act were made applicable to ferries, towing vessels, and canal
    boats. However, steamboat explosions continued with high loss of
    life and property. One of the greatest of all disasters, the
    destruction of the passenger vessel Sultana by explosion and fire
    with a loss of life estimated at more than 1500 lives in April
    1865, led to renewed legislation efforts. In 1871 this culminated
    with legislation that combined a number of new requirements into a
    coherent and unified body of maritime safety laws. At the time of
    the adoption of the Revised Statutes in 1874, a maritime safety
    code was well established for vessels propelled in whole or in part
    by steam.
      In the more than 100 years since then, as the public recognized
    the need for vessel safety legislation, primarily as the result of
    maritime disasters, other classes of vessels were subjected to
    Federal inspection or regulatory control. These included vessels
    propelled by gas, fluid, naphtha, or electric motors in 1897; sail
    vessels and barges carrying passengers for hire in 1898; seagoing
    barges in 1908; motorboats in 1910; steam vessels owned by the
    Department of Commerce in 1919; seagoing vessels of 300 gross tons
    and over on June 20, 1936; all tank vessels carrying flammable or
    combustible liquid cargo in bulk regardless of size or means of
    propulsion of June 23, 1936; motorboats again in 1940; all vessels
    carrying more than six passengers in 1956; tank vessels again in
    1978; and offshore supply vessels in 1980. There was also
    considerable legislation that amended or supplemented these primary
    maritime safety laws.
      The net result has been a patchwork quilt of categories and
    classifications that requires a tabulation of more than seventy
    different classes of inspected vessels. This revision gathers into
    one section of the law all classes of vessels that are subject to
    inspection and certification without changing the application of
    present law as to any one class of vessel. The revision does not
    alter the application of the present law so as to expand inspection
    requirements to any vessel presently not subject to inspection nor
    to remove from inspection any vessel that is presently subject to
    inspection.

                                AMENDMENTS                            
      1996 - Pub. L. 104-324, title VI, Sec. 607(b)(2), Oct. 19, 1996,
    110 Stat. 3932, substituted "Classification societies" for "United
    States classification societies" in item 3316.
      1986 - Pub. L. 99-307, Sec. 1(5)(B), May 19, 1986, 100 Stat. 445,
    substituted "Transporting" for "Carrying" in item 3304.

-End-



-CITE-
    46 USC Sec. 3301                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3301. Vessels subject to inspection

-STATUTE-
      The following categories of vessels are subject to inspection
    under this part:
        (1) freight vessels.
        (2) nautical school vessels.
        (3) offshore supply vessels.
        (4) passenger vessels.
        (5) sailing school vessels.
        (6) seagoing barges.
        (7) seagoing motor vessels.
        (8) small passenger vessels.
        (9) steam vessels.
        (10) tank vessels.
        (11) fish processing vessels.
        (12) fish tender vessels.
        (13) Great Lakes barges.
        (14) oil spill response vessels.
        (15) towing vessels.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510; Pub. L. 98-364, title
    IV, Sec. 402(2), July 17, 1984, 98 Stat. 445; Pub. L. 102-587,
    title V, Sec. 5208(b), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104-
    324, title XI, Sec. 1104(g), Oct. 19, 1996, 110 Stat. 3967; Pub.
    L. 108-293, title IV, Sec. 415(a), Aug. 9, 2004, 118 Stat. 1047.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3301(1)                               46:391                        
                                          46:404                        
    3301(2)                               46:1295f(c)                   
    3301(3)                               46:404-1                      
    3301(4)                               46:390a                       
                                          46:391                        
    3301(5)                               46:390a                       
    3301(6)                               46:395                        
    3301(7)                               46:367                        
    3301(8)                               46:390a                       
    3301(9)                               46:362                        
                                          46:391                        
                                          46:405                        
    3301(10)                              46:391a                       
    --------------------------------------------------------------------

      Section 3301 lists all classes of vessels that are subject to
    inspection and certification by the Coast Guard. This section
    represents one of the sought-after advantages of the bill to
    simplify access to the provisions of law governing the regulation
    of vessels. Under the present law, a vessel's inspection status
    must be determined by examining a table appearing at section 2.01-
    7A of title 46, Code of Federal Regulations that divides all
    vessels into more than 70 separate classes.
      It is important to note that while the classes of vessels are now
    limited to ten, there is no prohibition against developing
    regulations to meet the special needs of various size vessels
    within any one category. For example, it is expected that the Coast
    Guard will continue the practice of establishing standards for
    freight vessels of not more than 100 gross tons and other standards
    for larger freight vessels.
      It should also be noted that a particular vessel can, when
    engaged in various types of operations, be subject to varying
    inspection laws. For example, an offshore supply vessel could be
    classed as a small passenger vessel or a passenger vessel when it
    operates as a crew boat carrying individuals other than those
    defined in section 2101(21). If the offshore supply vessel is 500
    gross tons and over it would then be subject to inspection as a
    seagoing motor vessel, a freight vessel, or a passenger vessel.

                                AMENDMENTS                            
      2004 - Par. (15). Pub. L. 108-293 added par. (15).
      1996 - Par. (14). Pub. L. 104-324 added par. (14).
      1992 - Par. (13). Pub. L. 102-587 added par. (13).
      1984 - Pars. (11), (12). Pub. L. 98-364 added pars. (11) and
    (12).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-587 effective Nov. 4, 1992, for Great
    Lakes barges placed in operation after Nov. 4, 1992, and effective
    one year after Nov. 4, 1992, for Great Lakes barges in operation on
    Nov. 4, 1992, with provision for interim safety requirements, see
    section 5208(c), (d) of Pub. L. 102-587, set out as a note under
    section 2101 of this title.

                              EFFECTIVE DATE                          
      Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L.
    98-89, set out as a note under section 3101 of this title.

                               PILOT PROGRAM                           
      Pub. L. 105-383, title IV, Sec. 412(b), Nov. 13, 1998, 112 Stat.
    3432, provided that:
      "(1) In general. - The Secretary may establish a pilot program to
    exempt a vessel of at least 300 gross tons as measured under
    chapter 143 or chapter 145 of title 46, United States Code, from
    the requirement to be inspected under section 3301(7) of title 46,
    United States Code, as a seagoing motor vessel, if - 
        "(A) the vessel does not carry any cargo or passengers for
      hire;
        "(B) the vessel does not engage in commercial service,
      commercial fisheries, or oceanographic research; and
        "(C) the vessel does not engage in towing.
      "(2) Expiration of authority. - The authority to grant the
    exemptions under this subsection expires 2 years after the date of
    the enactment of this Act [Nov. 13, 1998]. Any specific exemptions
    granted under this subsection shall nonetheless remain in effect."

       SMALL PASSENGER VESSEL PILOT INSPECTION PROGRAM WITH STATE OF
                                 MINNESOTA
      Pub. L. 104-324, title XI, Sec. 1122, Oct. 19, 1996, 110 Stat.
    3979, provided that:
      "(a) In General. - The Secretary may enter into an agreement with
    the State under which the State may inspect small passenger vessels
    operating in waters of that State designated by the Secretary, if -
    
        "(1) the State plan for the inspection of small passenger
      vessels meets such requirements as the Secretary may require to
      ensure the safety and operation of such vessels in accordance
      with the standards that would apply if the Coast Guard were
      inspecting such vessels; and
        "(2) the State will provide such information obtained through
      the inspection program to the Secretary annually in such form and
      in such detail as the Secretary may require.
      "(b) Fees. - The Secretary may adjust or waive the user fee
    imposed under section 3317 of title 46, United States Code, for the
    inspection of small passenger vessels inspected under the State
    program.
      "(c) Termination. - The authority provided by subsection (a)
    terminates on December 31, 1999.
      "(d) Definitions. - For purposes of this section - 
        "(1) Secretary. - The term 'Secretary' means the Secretary of
      the department in which the Coast Guard is operating.
        "(2) State. - The term 'State' means the State of Minnesota.
        "(3) Small passenger vessel. - The term 'small passenger
      vessel' means a small passenger vessel (as defined in section
      2101(35) of title 46, United States Code) of not more than 40
      feet overall in length."
      [For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.]

-End-



-CITE-
    46 USC Sec. 3302                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3302. Exemptions

-STATUTE-
      (a) A vessel is not excluded from one category only because the
    vessel is - 
        (1) included in another category of section 3301 of this title;
      or
        (2) excluded by this section from another category of section
      3301 of this title.

      (b) Except as provided in subsection (c)(3) of this section, a
    fishing vessel, including a vessel chartered part-time as a fish
    tender vessel, is exempt from section 3301(1), (7), (11), and (12)
    of this title.
      (c)(1) Except as provided in paragraph (3) of this subsection, a
    fish processing vessel of not more than 5,000 gross tons as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title is exempt from section
    3301(1), (6), (7), (11), and (12) of this title.
      (2) Except as provided in paragraphs (3) and (4) of this
    subsection, the following fish tender vessels are exempt from
    section 3301(1), (6), (7), (11), and (12) of this title:
        (A) A vessel of not more than 500 gross tons as measured under
      section 14502 of this title or an alternate tonnage measured
      under section 14302 of this title as prescribed by the Secretary
      under section 14104 of this title.
        (B) A vessel engaged in the Aleutian trade that is not more
      than 2,500 gross tons as measured under section 14302 of this
      title.

      (3)(A) A fishing vessel or fish processing vessel is exempt from
    section 3301(1), (6), and (7) of this title when transporting cargo
    (including fisheries-related cargo) to or from a place in Alaska if
    - 
        (i) that place does not receive weekly common carrier service
      by water from a place in the United States;
        (ii) that place receives such common carrier service and the
      cargo is of a type not accepted by that common carrier service;
      or
        (iii) the cargo is proprietary cargo owned by the owner of the
      vessel or any affiliated entity or subsidiary.

      (B) A fish tender vessel of not more than 500 gross tons as
    measured under section 14502 of this title, or less than 500 gross
    tons as measured under section 14502 of this title, or is less than
    2,500 gross tons as measured under section 14302 of this title,
    which is qualified to engage in the Aleutian trade is exempt from
    section 3301(1), (6), and (7) of this title when transporting cargo
    (including fisheries-related cargo) to or from a place in Alaska
    outside the Aleutian trade geographic area if - 
        (i) that place does not receive weekly common carrier service
      by water from a place in the United States;
        (ii) that place receives such common carrier service and the
      cargo is of a type not accepted by that common carrier service;
      or
        (iii) the cargo is proprietary cargo owned by the owner of the
      vessel or any affiliated entity or subsidiary.

      (C) In this paragraph, the term "proprietary cargo" means cargo
    that - 
        (i) is used by the owner of the vessel or any affiliated entity
      or subsidiary in activities directly related to fishing or the
      processing of fish;
        (ii) is consumed by employees of the owner of the vessel or any
      affiliated entity or subsidiary who are engaged in fishing or in
      the processing of fish; or
        (iii) consists of fish or fish products harvested or processed
      by the owner of the vessel or any affiliated entity or
      subsidiary.

      (D) Notwithstanding the restrictions in subparagraph (B) of this
    paragraph, vessels qualifying under subparagraph (B) may transport
    cargo (including fishery-related products) from a place in Alaska
    receiving weekly common carrier service by water to a final
    destination in Alaska not receiving weekly service by water from
    common carriers.
      (4) A fish tender vessel is exempt from section 3301(1), (6), and
    (7) of this title when engaged in the Aleutian trade if the vessel -
     
        (A) is not more than 500 gross tons as measured under section
      14502 of this title, or less than 500 gross tons as measured
      under section 14502 of this title, or is less than 2,500 gross
      tons as measured under section 14302 of this title;
        (B) has an incline test performed by a marine surveyor; and
        (C) has written stability instructions posted on board the
      vessel.

      (d)(1) A motor vessel of less than 150 gross tons as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title, constructed before August 23,
    1958, is not subject to inspection under section 3301(1) of this
    title if the vessel is owned or demise chartered to a cooperative
    or association that only transports cargo owned by at least one of
    its members on a nonprofit basis between places within the waters
    of - 
        (A) southeastern Alaska shoreward of the Boundary Line; or
        (B) southeastern Alaska shoreward of the Boundary Line and - 
          (i) Prince Rupert, British Columbia; or
          (ii) waters of Washington shoreward of the Boundary Line, via
        sheltered waters, as defined in article I of the treaty dated
        December 9, 1933, between the United States and Canada defining
        certain waters as sheltered waters.

      (2) The transportation authorized under this subsection is
    limited to and from places not receiving annual weekly
    transportation service from any part of the United States by an
    established water common carrier. However, the limitation does not
    apply to transporting cargo of a character not accepted for
    transportation by that carrier.
      (e) A vessel laid up, dismantled, or out of commission is exempt
    from inspection.
      (f) Section 3301(4) and (8) of this title does not apply to an
    oceanographic research vessel because it is carrying scientific
    personnel.
      (g)(1) Except when compliance with major structural or major
    equipment requirements is necessary to remove an especially
    hazardous condition, an offshore supply vessel is not subject to
    regulations or standards for those requirements if the vessel - 
        (A) was operating as an offshore supply vessel before January
      2, 1979; or
        (B) was contracted for before January 2, 1979, and entered into
      service as an offshore supply vessel before October 6, 1980.

      (2) After December 31, 1988, this subsection does not apply to an
    offshore supply vessel that is at least 20 years of age.
      (h) An offshore supply vessel operating on January 1, 1979, under
    a certificate of inspection issued by the Secretary, is subject to
    an inspection standard or requirement only if the standard or
    requirement could have been prescribed for the vessel under
    authority existing under law on October 5, 1980.
      (i)(1) The Secretary may issue a permit exempting a vessel from
    any part of the requirements of this part for vessels transporting
    cargo, including bulk fuel, from one place in Alaska to another
    place in Alaska only if the vessel - 
        (A) is not more than 300 gross tons as measured under section
      14502 of this title, or an alternate tonnage measured under
      section 14302 of this title as prescribed by the Secretary under
      section 14104 of this title;
        (B) is in a condition that does not present an immediate threat
      to the safety of life or the environment; and
        (C) was operating in the waters off Alaska as of June 1, 1976,
      or the vessel is a replacement for a vessel that was operating in
      the waters off Alaska as of June 1, 1976, if the vessel being
      replaced is no longer in service.

      (2) Except in a situation declared to be an emergency by the
    Secretary, a vessel operating under a permit may not transport
    cargo to or from a place if the cargo could be transported by
    another commercial vessel that is reasonably available and that
    does not require exemptions to operate legally or if the cargo
    could be readily transported by overland routes.
      (3) A permit may be issued for a specific voyage or for not more
    than one year. The permit may impose specific requirements about
    the amount or type of cargo to be carried, manning, the areas or
    specific routes over which the vessel may operate, or other similar
    matters. The duration of the permit and restrictions contained in
    the permit shall be at the sole discretion of the Secretary.
      (4) A designated Coast Guard official who has reason to believe
    that a vessel issued a permit is in a condition or is operated in a
    manner that creates an immediate threat to the safety of life or
    the environment or is operated in a manner that is inconsistent
    with the terms of the permit, may direct the master or individual
    in charge to take immediate and reasonable steps to safeguard life
    and the environment, including directing the vessel to a port or
    other refuge.
      (5) If a vessel issued a permit creates an immediate threat to
    the safety of life or the environment, or is operated in a manner
    inconsistent with the terms of the permit or the requirements of
    paragraph (2) of this subsection, the permit may be revoked. The
    owner, charterer, managing operator, agent, master, or individual
    in charge of a vessel issued a permit, that willfully permits the
    vessel to be operated, or operates, the vessel in a manner
    inconsistent with the terms of the permit, is liable to the United
    States Government for a civil penalty of not more than $1,000.
      (j) Notwithstanding another provision of this chapter, the
    Secretary is not required to inspect or prescribe regulations for a
    nautical school vessel of not more than 15 gross tons as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title - 
        (1) when used in connection with a course of instruction
      dealing with any aspect of maritime education or study; and
        (2) operated by - 
          (A) the United States Merchant Marine Academy; or
          (B) a State maritime academy assisted under chapter 515 of
        this title.

      (k) Only the boiler, engine, and other operating machinery of a
    steam vessel that is a recreational vessel of not more than 65 feet
    overall in length are subject to inspection under section 3301(9)
    of this title.
      (l)(1) The Secretary may issue a permit exempting the following
    vessels from the requirements of this part for passenger vessels so
    long as the vessels are owned by nonprofit organizations and
    operated as nonprofit memorials to merchant mariners:
        (A) The steamship John W. Brown (United States official number
      242209), owned by Project Liberty Ship Baltimore, Incorporated,
      located in Baltimore, Maryland.
        (B) The steamship Lane Victory (United States official number
      248094), owned by the United States Merchant Marine Veterans of
      World War II, located in San Pedro, California.
        (C) The steamship Jeremiah O'Brien (United States official
      number 243622), owned by the National Liberty Ship Memorial, Inc.
        (D) The SS Red Oak Victory (United States official number
      249410), owned by the Richmond Museum Association, located in
      Richmond, California.
        (E) The SS American Victory (United States official number
      248005), owned by Victory Ship, Inc., of Tampa, Florida.
        (F) The LST-325, owned by USS LST Ship Memorial, Incorporated,
      located in Mobile, Alabama.

      (2) The Secretary may issue a permit for a specific voyage or for
    not more than one year. The Secretary may impose specific
    requirements about the number of passengers to be carried, manning,
    the areas or specific routes over which the vessel may operate, or
    other similar matters.
      (3) A designated Coast Guard official who has reason to believe
    that a vessel operating under this subsection is in a condition or
    is operated in a manner that creates an immediate threat to life or
    the environment or is operated in a manner that is inconsistent
    with this section, may direct the master or individual in charge to
    take immediate and reasonable steps to safeguard life and the
    environment, including directing the vessel to a port or other
    refuge.
      (m) A seagoing barge is not subject to inspection under section
    3301(6) of this title if the vessel is unmanned and does not carry -
     
        (1) a hazardous material as cargo; or
        (2) a flammable or combustible liquid, including oil, in bulk.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510; Pub. L. 98-364, title
    IV, Sec. 402(3), July 17, 1984, 98 Stat. 445; Pub. L. 99-307, Sec.
    1(3), (4), May 19, 1986, 100 Stat. 444; Pub. L. 101-595, title III,
    Sec. 303(a), title VI, Secs. 602(b), 603(2), Nov. 16, 1990, 104
    Stat. 2983, 2990, 2993; Pub. L. 103-206, title III, Sec. 311, Dec.
    20, 1993, 107 Stat. 2426; Pub. L. 104-324, title VII, Sec. 711,
    title XI, Sec. 1110, Oct. 19, 1996, 110 Stat. 3935, 3969; Pub. L.
    106-65, div. C, title XXXVI, Sec. 3604, Oct. 5, 1999, 113 Stat.
    976; Pub. L. 107-295, title II, Sec. 208, Nov. 25, 2002, 116 Stat.
    2098; Pub. L. 109-241, title III, Sec. 311, July 11, 2006, 120
    Stat. 530; Pub. L. 109-304, Sec. 15(11), Oct. 6, 2006, 120 Stat.
    1703.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3302                                  46:367                        
                                          46:390                        
                                          46:391(e)                     
                                          46:404                        
                                          46:420                        
                                          46:442                        
    --------------------------------------------------------------------

      Section 3302 does three things. It makes clear that a vessel
    included in one of the ten categories of vessels subject to
    inspection is not necessarily excluded from another category of
    vessel that is subject to inspection. For example, a vessel
    inspected and certified as a small passenger vessel would, when
    carrying oil or hazardous materials in bulk as cargo or cargo
    residue, also have to be inspected as a tank vessel. It makes it
    clear that a vessel excluded by section 3302 from the requirements
    of inspection in any one of the ten categories is not necessarily
    excluded from inspection as a vessel in another category. This
    section also contains a number of exemptions for certain classes of
    vessels and for those vessels engaged in a specific trade that have
    been considered to be of a special circumstance.

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-304, Sec. 15(11)(A), inserted
    comma after "fishing vessel".
      Subsec. (c)(2). Pub. L. 109-241, Sec. 311(a), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "Except as
    provided in paragraphs (3) and (4) of this subsection, a fish
    tender vessel of not more than 500 gross tons as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title is exempt from section 3301(1), (6),
    (7), (11), and (12) of this title."
      Subsec. (c)(3)(B), (4)(A). Pub. L. 109-241, Sec. 311(b),
    substituted "or less than 500 gross tons as measured under section
    14502 of this title, or is less than 2,500 gross tons as measured
    under section 14302 of this title" for "or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title".
      Subsec. (j)(2)(B). Pub. L. 109-304, Sec. 15(11)(B), substituted
    "chapter 515 of this title" for "section 1304 of the Merchant
    Marine Act, 1936 (46 App. U.S.C. 1295c)".
      Subsec. (l)(1)(C). Pub. L. 109-304, Sec. 15(11)(C), substituted
    "Inc." for "Inc..".
      2002 - Subsec. (l)(1)(D) to (F). Pub. L. 107-295 added subpars.
    (D) to (F).
      1999 - Subsec. (l)(1)(C). Pub. L. 106-65 substituted "owned by
    the National Liberty Ship Memorial, Inc." for "owned by the United
    States Maritime Administration".
      1996 - Subsec. (b). Pub. L. 104-324, Sec. 1110(1), substituted
    "Except as provided in subsection (c)(3) of this section, a fishing
    vessel" for "A fishing vessel,".
      Subsec. (c)(1). Pub. L. 104-324, Secs. 711(1), 1110(2),
    substituted "Except as provided in paragraph (3) of this
    subsection, a fish processing vessel" for "A fish processing
    vessel" and inserted "as measured under section 14502 of this
    title, or an alternate tonnage measured under section 14302 of this
    title as prescribed by the Secretary under section 14104 of this
    title" after "5,000 gross tons".
      Subsec. (c)(2). Pub. L. 104-324, Secs. 711(2), 1110(3),
    substituted "Except as provided in paragraphs (3) and (4) of this
    subsection, a fish tender vessel" for "A fish tender vessel" and
    inserted "as measured under section 14502 of this title, or an
    alternate tonnage measured under section 14302 of this title as
    prescribed by the Secretary under section 14104 of this title"
    after "500 gross tons".
      Subsec. (c)(3). Pub. L. 104-324, Sec. 1110(4), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "A
    fishing, fish processing, or fish tender vessel of not more than
    500 gross tons is exempt from section 3301(1), (6), and (7) of this
    title if - 
        "(A) when transporting cargo to or from a place in Alaska - 
          "(i) that place does not receive weekly common carrier
        service by water from a place in the United States; or
          "(ii) the cargo is of a type not accepted by that common
        carrier service; or
        "(B) in the case of a fish tender vessel, the vessel is not
      engaged in the Aleutian trade."
      Subsec. (c)(4)(A). Pub. L. 104-324, Sec. 711(3), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "500 gross
    tons".
      Subsec. (d)(1). Pub. L. 104-324, Sec. 711(4), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "150 gross
    tons".
      Subsec. (i)(1)(A). Pub. L. 104-324, Sec. 711(5), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "300 gross
    tons".
      Subsec. (j). Pub. L. 104-324, Sec. 711(6), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "15 gross tons".
      1993 - Subsec. (m). Pub. L. 103-206 added subsec. (m).
      1990 - Subsec. (c)(3), (4). Pub. L. 101-595, Sec. 602(b), added
    pars. (3) and (4).
      Subsec. (j)(2)(B). Pub. L. 101-595, Sec. 603(2), substituted "(46
    App. U.S.C. 1295c)" for "(46 App. U.S.C. 1295(c))".
      Subsec. (l). Pub. L. 101-595, Sec. 303(a), added subsec. (l).
      1986 - Subsec. (i)(5). Pub. L. 99-307, Sec. 1(3), substituted
    "charterer" for "charter".
      Subsec. (k). Pub. L. 99-307, Sec. 1(4), added subsec. (k).
      1984 - Subsec. (b). Pub. L. 98-364 amended subsec. (b) generally,
    which prior to amendment read as follows: "A motor vessel engaged
    in fishing as a regular business, including oystering, clamming,
    crabbing, or the kelp or sponge industry, is exempt from section
    3301(1), (4), and (7) of this title."
      Subsec. (c). Pub. L. 98-364 amended subsec. (c) generally, which
    prior to amendment read as follows:
      "(1) Before January 1, 1988, a motor vessel is exempt from
    section 3301(1), (4), and (7) of this title if the vessel is not
    more than 500 gross tons and - 
        "(A) is a cannery tender or a fishing tender in the salmon or
      crab fisheries of Alaska, Oregon, and Washington; and
        "(B) only carries cargo to or from vessels in those fisheries
      or a facility used in processing or assembling fishery products,
      or transports cannery or fishing personnel to or from operating
      locations.
      "(2) Before January 1, 1988, a vessel is exempt from section
    3301(1), (4), (6), and (7) of this title if the vessel is not more
    than 5,000 gross tons and is used only in processing and assembling
    fishery products in the fisheries of Alaska, Oregon, and
    Washington."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 602(b) of Pub. L. 101-595 effective Nov. 16,
    1990, except that requirements imposed by subsec. (c)(4)(B) and
    (C), effective six months after Nov. 16, 1990, see section 602(f)
    of Pub. L. 101-595, set out as a note under section 4502 of this
    title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC2-
      VESSELS REPAIRED OR RETROFITTED FOR MOBILE TRADE FAIR PURPOSES
                         DEEMED OUT OF COMMISSION
      Pub. L. 100-418, title X, Sec. 10003(b), Aug. 23, 1988, 102 Stat.
    1573, provided that: "For one year after the date of enactment of
    this Act [Aug. 23, 1988], a vessel that is undergoing repair or
    retrofitting for use solely for mobile trade fair purposes is
    deemed to be out of commission under section 3302(e) of title 46,
    United States Code, during the repair or retrofitting."

         EXEMPTION OF CERTAIN FISHING AND FISH PROCESSING VESSELS     
      Pub. L. 98-364, title IV, Sec. 403, July 17, 1984, 98 Stat. 450,
    as amended by Pub. L. 99-36, Sec. 3, May 15, 1985, 99 Stat. 68;
    Pub. L. 101-225, title III, Sec. 306, Dec. 12, 1989, 103 Stat.
    1925, provided that:
      "(a) Except as provided in chapter 37 of title 46, United States
    Code, and before January 1, 1991, a fishing, fish processing, or
    fish tender vessel, that is (1) not more than 500 gross tons and
    (2) in operation, or contracted for purchase to be used as a vessel
    of this type, before July 1, 1984, may transport cargo to or from a
    place in Alaska not receiving weekly transportation service from a
    port of the United States by an established water common carrier,
    except that the service limitation does not apply to transporting
    cargo of a type not accepted by that carrier.
      "(b) A fish processing vessel entered into service before January
    1, 1988, and more than 1,600 gross tons or entered into service
    after December 31, 1987, and having more than 16 individuals on
    board primarily employed in the preparation of fish or fish
    products is exempt from section 8702(b) of title 46, United States
    Code, until 18 months after the date of enactment of this Act [July
    17, 1984].
      "(c) As used in subsections (a) and (b) of this section, the
    terms 'fishing vessel', 'fish processing vessel' and 'fish tender
    vessel' shall have the meaning given to such terms in section 2101
    of title 46, United States Code."

      OFFSHORE SUPPLY VESSELS; TRANSITION PERIOD FOR COMPLIANCE WITH
                       VESSEL INSPECTION PROVISIONS
      Pub. L. 98-89, Sec. 2(i), Aug. 26, 1983, 97 Stat. 599, provided
    that: "Each offshore supply vessel described in section 3302(g) of
    title 46 (as enacted by section 1 of this Act), that was registered
    with the Secretary of Transportation under section 4426a(7) of the
    Revised Statutes [former 46 U.S.C. 404-1(7)] but that has not been
    inspected by the Secretary shall be held to be in compliance with
    all applicable vessel inspection laws pending verification by
    actual inspection or until one year after the date of enactment of
    this Act [Aug. 26, 1983], whichever is earlier."

-End-



-CITE-
    46 USC Sec. 3303                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3303. Reciprocity for foreign vessels

-STATUTE-
      Except as provided in chapter 37 and section 3505 of this title,
    a foreign vessel of a country having inspection laws and standards
    similar to those of the United States and that has an unexpired
    certificate of inspection issued by proper authority of its
    respective country, is subject to an inspection to ensure that the
    condition of the vessel is as stated in its current certificate of
    inspection. A foreign country is considered to have inspection laws
    and standards similar to those of the United States when it is a
    party to an International Convention for Safety of Life at Sea to
    which the United States Government is currently a party. A foreign
    certificate of inspection may be accepted as evidence of lawful
    inspection only when presented by a vessel of a country that has by
    its laws accorded to vessels of the United States visiting that
    country the same privileges accorded to vessels of that country
    visiting the United States.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 512; Pub. L. 102-587, title
    V, Sec. 5210(a), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104-324,
    title XI, Sec. 1111, Oct. 19, 1996, 110 Stat. 3970; Pub. L. 108-
    293, title IV, Sec. 411(b), Aug. 9, 2004, 118 Stat. 1046.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3303                                  46:362(a)                     
                                          46:390c                       
                                          46:391a(3)                    
    --------------------------------------------------------------------

      Section 3303 acknowledges the international concept of comity
    with respect to recognizing inspection laws and standards for
    foreign flag vessels that are similar to those of the United
    States. If a foreign nation is signatory to the International
    Convention for Safety of Life at Sea, it is presumed to have
    similar standards. However, reciprocity requirements for foreign
    flag tank vessels are included in chapter 37. Subsection (b)
    provides for a mutual waiver of fees for the inspection of foreign
    vessels carrying passengers from the United States.

                                AMENDMENTS                            
      2004 - Pub. L. 108-293 inserted "and section 3505" after "chapter
    37".
      1996 - Pub. L. 104-324 struck out subsec. (a) designation and
    subsec. (b) which read as follows: "The Secretary shall collect and
    pay to the Treasury the same fees for the inspection of foreign
    vessels carrying passengers from the United States that a foreign
    country charges vessels of the United States trading to the ports
    of that country. The Secretary may waive at any time the collection
    of the fees on notice of the proper authorities of any country
    concerned that the collection of fees for the inspection of vessels
    of the United States has been discontinued."
      1992 - Subsec. (a). Pub. L. 102-587, in first sentence, struck
    out "only" after "is subject" and substituted "the condition of the
    vessel is" for "the condition of the vessel's propulsion equipment
    and lifesaving equipment are".

            INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA        
      For International Conventions for the Safety of Life at Sea to
    which the United States has been a party, see section 1602 of Title
    33, Navigation and Navigable Waters, and notes thereunder.

-End-



-CITE-
    46 USC Sec. 3304                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3304. Transporting individuals in addition to crew

-STATUTE-
      (a) A documented vessel transporting cargo that transports not
    more than 12 individuals in addition to the crew on international
    voyages, or not more than 16 individuals in addition to the crew on
    other voyages, is not subject to inspection as a passenger vessel
    or a small passenger vessel if the vessel is otherwise subject to
    inspection under this chapter.
      (b) Except when subsection (e) of this section applies, before an
    individual in addition to the crew is transported on a vessel as
    permitted by this section, the owner, charterer, managing operator,
    agent, master, or individual in charge of the vessel first shall
    notify the individual of the presence on board of dangerous
    articles as defined by law, and of other conditions or
    circumstances that would constitute a risk of safety to the
    individual on board.
      (c) A privilege authorized by this section applies to a vessel of
    a foreign country that affords a similar privilege to vessels of
    the United States in trades not restricted to vessels under its own
    flag.
      (d) A fishing, fish processing, or fish tender vessel that
    transports not more than 12 individuals employed in the fishing
    industry in addition to the crew is not subject to inspection as a
    passenger or small passenger vessel.
      (e) The Secretary may by regulation allow individuals in addition
    to the crew to be transported in an emergency or under section 2304
    of this title.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98-364, title
    IV, Sec. 402(4), July 17, 1984, 98 Stat. 446; Pub. L. 99-307, Sec.
    1(5)(A), May 19, 1986, 100 Stat. 444.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3304                                  46:390-393                    
                                          46:882                        
    --------------------------------------------------------------------

      Section 3304 permits the carriage of not more than 12 individuals
    in addition to the crew on international voyages or not more than
    16 individuals in addition to the crew on other voyages without
    subjecting a documented vessel carrying cargo to the inspection
    requirements of a passenger vessel. This section permits the bulk
    of vessels subject to the International Convention for Safety of
    Life at Sea to carry up to 12 passengers and to permit other cargo
    vessels, primarily those engaged in the coastwise trade, to carry
    up to 16 passengers without being categorized as passenger vessels.
    It also requires that these individuals be notified of the presence
    of dangerous articles or other conditions or circumstances that
    constitute a risk of safety. This is of prime importance on tank
    vessels that carry flammable or hazardous cargoes.

                                AMENDMENTS                            
      1986 - Pub. L. 99-307, Sec. 1(5)(A)(i), substituted
    "Transporting" for "Carrying" in section catchline.
      Subsec. (a). Pub. L. 99-307, Sec. 1(5)(A)(ii), substituted
    "transporting cargo that transports" for "carrying cargo that
    carries" and inserted "if the vessel is otherwise subject to
    inspection under this chapter".
      Subsec. (b). Pub. L. 99-307, Sec. 1(5)(A)(iii), substituted
    "Except when subsection (e) of this section applies, before" for
    "Before" and "transported" for "carried".
      Subsec. (c). Pub. L. 99-307, Sec. 1(5)(A)(iv), substituted "A
    privilege" for "The privilege".
      Subsec. (e). Pub. L. 99-307, Sec. 1(5)(A)(v), added subsec. (e).
      1984 - Subsec. (d). Pub. L. 98-364 added subsec. (d).

-End-



-CITE-
    46 USC Sec. 3305                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3305. Scope and standards of inspection

-STATUTE-
      (a)(1) The inspection process shall ensure that a vessel subject
    to inspection - 
        (A) is of a structure suitable for the service in which it is
      to be employed;
        (B) is equipped with proper appliances for lifesaving, fire
      prevention, and firefighting;
        (C) has suitable accommodations for the crew, sailing school
      instructors, and sailing school students, and for passengers on
      the vessel if authorized to carry passengers;
        (D) has an adequate supply of potable water for drinking and
      washing by passengers and crew;
        (E) is in a condition to be operated with safety to life and
      property; and
        (F) complies with applicable marine safety laws and
      regulations.

      (2) In determining the adequacy of the supply of potable water
    under paragraph (1)(D), the Secretary shall consider - 
        (A) the size and type of vessel;
        (B) the number of passengers or crew on board;
        (C) the duration and routing of voyages; and
        (D) guidelines for potable water recommended by the Centers for
      Disease Control and Prevention and the Public Health Service.

      (b) If an inspection, or examination under section 3308 of this
    title, reveals that a life preserver, lifesaving device, or
    firehose is defective and incapable of being repaired, the owner or
    master shall destroy the life preserver, lifesaving device, or
    firehose in the presence of the official conducting the inspection
    or examination.
      (c) A nautical school vessel operated by a civilian nautical
    school or by an educational institution under section 558 of title
    40 shall be inspected like a small passenger vessel or a passenger
    vessel, depending on its tonnage.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 99-36, Sec.
    1(a)(1), May 15, 1985, 99 Stat. 67; Pub. L. 99-640, Sec. 13(e),
    Nov. 10, 1986, 100 Stat. 3551; Pub. L. 107-217, Sec. 3(m)(2), Aug.
    21, 2002, 116 Stat. 1302; Pub. L. 108-293, title IV, Sec. 416, Aug.
    9, 2004, 118 Stat. 1047; Pub. L. 109-241, title IX, Sec. 901(f),
    July 11, 2006, 120 Stat. 564.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3305                                  46:369                        
                                          46:390a                       
                                          46:391                        
                                          46:392                        
                                          46:395                        
                                          46:404-1                      
                                          46:405                        
                                          46:406                        
                                          46:407                        
                                          46:408                        
                                          46:660a                       
                                          46:881                        
    --------------------------------------------------------------------

      Section 3305 consolidates, at one place, the basic scope of
    coverage of the inspection process. It is to be noted that the time
    difference in enactment of various statutes has resulted in some
    anomalies. Thus, for example, R.S. 4417 (46 U.S.C. 391) which had
    originally set periods of inspection and vested authority in "local
    inspectors" was expanded over the years to provide the base for
    inspection of certain classes of vessels as well as setting out the
    periods and scope. The distillation of inspection objectives and
    standards in later laws and the transfer of all functions of
    separately created bureaus and functionaries to the Coast Guard
    permit this consolidation. There are those who have a desire to see
    the scope and standards of inspection be more specific in law
    similar to those presently applicable to boilers and boiler plating
    that predate 1871. The Committee believes this serves no useful
    purpose since the specifics are either antiquated or too limiting
    and have, in fact, been superceded by the statutorily authorized
    adoption of various industrial specifications, standards, and codes
    by the Coast Guard. These include the American Bureau of Shipping
    (ABS), American Society of Mechanical Engineers (ASME), American
    National Standards Institute (ANSI), American Society for Testing
    and Materials (ASTM), American Welding Society (AWS), Underwriters
    Laboratories (UL), and many others. In addition, Coast Guard
    regulations must also implement and conform to the numerous
    international maritime safety treaties to which the United States
    is signatory. The Committee expects that the regulatory flexibility
    being provided will not reduce the present vessel inspection
    requirements that have been historically developed.
      Section 3305(a) establishes the statutory scope of the Coast
    Guard's vessel inspection authority and duty. The inspection
    process shall ensure that a vessel is of suitable structure,
    equipment, and accommodations, is maintained in an operating
    condition consistent with safety of life and property, and complies
    with applicable marine safety laws and regulations.
      Subsection (b) requires that defective life preservers and
    firehose be destroyed in the presence of the inspecting official,
    normally a qualified Coast Guard marine inspector. The Committee
    believes that if this equipment is defective for use on an
    inspected vessel, it should be destroyed so that it cannot be used
    on an uninspected or recreational vessel.
      Subsection (c) provides flexibility in the inspection of various
    sizes of nautical school vessels.

                                AMENDMENTS                            
      2006 - Subsec. (a)(2). Pub. L. 109-241 realigned margins.
      2004 - Subsec. (a). Pub. L. 108-293, Sec. 416(b), designated
    existing provisions as par. (1), redesignated former pars. (1) to
    (6) as subpars. (A) to (F), respectively, of par. (1), and added
    par. (2).
      Subsec. (a)(4) to (6). Pub. L. 108-293, Sec. 416(a), added par.
    (4) and redesignated former pars. (4) and (5) as (5) and (6),
    respectively.
      2002 - Subsec. (c). Pub. L. 107-217 substituted "section 558 of
    title 40" for "section 13 of the Coast Guard Authorization Act of
    1986".
      1986 - Subsec. (c). Pub. L. 99-640 inserted "or by an educational
    institution under section 13 of the Coast Guard Authorization Act
    of 1986".
      1985 - Subsec. (b). Pub. L. 99-36 substituted "lifesaving" and
    "life preserver, lifesaving device, or firehose" for "life-saving"
    and "life preserver or firehose", respectively.

-End-



-CITE-
    46 USC Sec. 3306                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3306. Regulations

-STATUTE-
      (a) To carry out this part and to secure the safety of
    individuals and property on board vessels subject to inspection,
    the Secretary shall prescribe necessary regulations to ensure the
    proper execution of, and to carry out, this part in the most
    effective manner for - 
        (1) the design, construction, alteration, repair, and operation
      of those vessels, including superstructures, hulls, fittings,
      equipment, appliances, propulsion machinery, auxiliary machinery,
      boilers, unfired pressure vessels, piping, electric
      installations, and accommodations for passengers and crew,
      sailing school instructors, and sailing school students;
        (2) lifesaving equipment and its use;
        (3) firefighting equipment, its use, and precautionary measures
      to guard against fire;
        (4) inspections and tests related to paragraphs (1), (2), and
      (3) of this subsection; and
        (5) the use of vessel stores and other supplies of a dangerous
      nature.

      (b)(1) Equipment and material subject to regulation under this
    section may not be used on any vessel without prior approval of the
    Secretary.
      (2) Except with respect to use on a public vessel, the Secretary
    may treat an approval of equipment or materials by a foreign
    government as approval by the Secretary for purposes of paragraph
    (1) if the Secretary determines that - 
        (A) the design standards and testing procedures used by that
      government meet the requirements of the International Convention
      for the Safety of Life at Sea, 1974;
        (B) the approval of the equipment or material by the foreign
      government will secure the safety of individuals and property on
      board vessels subject to inspection; and
        (C) for lifesaving equipment, the foreign government - 
          (i) has given equivalent treatment to approvals of lifesaving
        equipment by the Secretary; and
          (ii) otherwise ensures that lifesaving equipment approved by
        the Secretary may be used on vessels that are documented and
        subject to inspection under the laws of that country.

      (c) In prescribing regulations for sailing school vessels, the
    Secretary shall consult with representatives of the private sector
    having experience in the operation of vessels likely to be
    certificated as sailing school vessels. The regulations shall - 
        (1) reflect the specialized nature of sailing school vessel
      operations, and the character, design, and construction of
      vessels operating as sailing school vessels; and
        (2) include requirements for notice to sailing school
      instructors and sailing school students about the specialized
      nature of sailing school vessels and applicable safety
      regulations.

      (d) In prescribing regulations for nautical school vessels
    operated by the United States Merchant Marine Academy or by a State
    maritime academy (as defined in section 51102 of this title), the
    Secretary shall consider the function, purpose, and operation of
    the vessels, their routes, and the number of individuals who may be
    carried on the vessels.
      (e) When the Secretary finds it in the public interest, the
    Secretary may suspend or grant exemptions from the requirements of
    a regulation prescribed under this section related to lifesaving
    and firefighting equipment, muster lists, ground tackle and
    hawsers, and bilge systems.
      (f) In prescribing regulations for offshore supply vessels, the
    Secretary shall consider the characteristics, methods of operation,
    and the nature of the service of offshore supply vessels.
      (g) In prescribing regulations for fish processing or fish tender
    vessels, the Secretary shall consult with representatives of the
    private sector having experience in the operation of these vessels.
    The regulations shall reflect the specialized nature and economics
    of fish processing or fish tender vessel operations and the
    character, design, and construction of fish processing or fish
    tender vessels.
      (h) The Secretary shall establish appropriate structural fire
    protection, manning, operating, and equipment requirements for
    vessels of at least 100 gross tons but less than 300 gross tons as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title carrying not more than
    150 passengers on domestic voyages, which meet the eligibility
    criteria of section 2113(4) of this title.
      (i) The Secretary shall establish appropriate structural fire
    protection, manning, operating, and equipment requirements for
    former public vessels of the United States of at least 100 gross
    tons but less that 500 gross tons as measured under section 14502
    of this title, or an alternate tonnage measured under section 14302
    of this title as prescribed by the Secretary under section 14104 of
    this title carrying not more than 150 passengers on domestic
    voyages, which meet the eligibility criteria of section 2113(5) of
    this title.
      (j) The Secretary may establish by regulation a safety management
    system appropriate for the characteristics, methods of operation,
    and nature of service of towing vessels.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98-364, title
    IV, Sec. 402(5), July 17, 1984, 98 Stat. 446; Pub. L. 103-206,
    title V, Sec. 512(a), Dec. 20, 1993, 107 Stat. 2442; Pub. L. 104-
    324, title VI, Sec. 604(a), (c), title VII, Sec. 712, Oct. 19,
    1996, 110 Stat. 3930, 3931, 3936; Pub. L. 108-293, title IV, Sec.
    415(b), Aug. 9, 2004, 118 Stat. 1047; Pub. L. 109-304, Sec. 15(12),
    Oct. 6, 2006, 120 Stat. 1703.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3306                                  46:366                        
                                          46:369                        
                                          46:375                        
                                          46:390b                       
                                          46:392                        
                                          46:404                        
                                          46:408                        
                                          46:411                        
                                          46:412                        
                                          46:416                        
                                          46:420                        
                                          46:445                        
                                          46:459                        
                                          46:473                        
                                          46:477                        
                                          46:478                        
                                          46:479                        
                                          46:481                        
                                          46:482                        
                                          46:483                        
                                          46:489                        
                                          46:526p                       
                                          46:1295f(c)                   
    --------------------------------------------------------------------

      Section 3306 contains broad authority to prescribe regulations
    for the proper inspection and certification of vessels. It provides
    regulatory flexibility for meeting technological changes. The
    section also permits flexibility in prescribing regulations for
    nautical school vessels operated by the United States Merchant
    Marine Academy or by a State maritime academy. The Secretary may
    suspend or grant exemptions to certain limited inspection
    requirements when the Secretary finds that this is necessary in the
    public interest. It also contains the requirement that in
    regulating offshore supply vessels consideration must be given to
    the special nature of their operations.

                                AMENDMENTS                            
      2006 - Subsec. (d). Pub. L. 109-304 substituted "section 51102 of
    this title" for "section 1302(3) of the Merchant Marine Act, 1936
    (46 App. U.S.C. 1295a(3))".
      2004 - Subsec. (j). Pub. L. 108-293 added subsec. (j).
      1996 - Subsec. (a)(4). Pub. L. 104-324, Sec. 604(c), substituted
    "paragraphs (1), (2), and (3)" for "clauses (1)-(3)".
      Subsec. (b). Pub. L. 104-324, Sec. 604(a), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows:
    "Equipment subject to regulation under this section may not be used
    on any vessel without prior approval as prescribed by regulation."
      Subsec. (h). Pub. L. 104-324, Sec. 712(1), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "300 gross tons".
      Subsec. (i). Pub. L. 104-324, Sec. 712(2), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "500 gross tons".
      1993 - Subsecs. (h), (i). Pub. L. 103-206 added subsecs. (h) and
    (i).
      1984 - Subsec. (g). Pub. L. 98-364 added subsec. (g).

                                REGULATIONS                            
      Pub. L. 103-206, title V, Sec. 512(b), (c), Dec. 20, 1993, 107
    Stat. 2442, provided that:
      "(b) The Secretary of Transportation shall, within twenty-four
    months of the date of enactment of this Act [Dec. 20, 1993],
    prescribe regulations establishing the structural fire protection,
    manning, operating, and equipment requirements for vessels which
    meet the requirements of subsections (h) and (i) of section 3306 of
    title 46, United States Code, as amended by this Act.
      "(c) Before the Secretary of Transportation prescribes
    regulations under subsections (h) and (i) of section 3306 of title
    46, United States Code, as amended by this Act, the Secretary may
    prescribe the route, service, manning, and equipment for those
    vessels based on existing passenger vessel and small passenger
    vessel regulations."

                             FOREIGN APPROVALS                         
      Pub. L. 104-324, title VI, Sec. 604(b), Oct. 19, 1996, 110 Stat.
    3931, provided that: "The Secretary of Transportation, in
    consultation with other interested Federal agencies, shall work
    with foreign governments to have those governments approve the use
    of the same equipment and materials on vessels documented under the
    laws of those countries that the Secretary requires on United
    States documented vessels."

            INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA        
      For International Conventions for the Safety of Life at Sea to
    which the United States has been a party, see section 1602 of Title
    33, Navigation and Navigable Waters, and notes thereunder.

-End-



-CITE-
    46 USC Sec. 3307                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3307. Frequency of inspection

-STATUTE-
      Each vessel subject to inspection under this part shall undergo
    an initial inspection for certification before being put into
    service. After being put into service - 
        (1) each passenger vessel, nautical school vessel, and small
      passenger vessel allowed to carry more than 12 passengers on a
      foreign voyage shall be inspected at least once a year; and
        (2) any other vessel shall be inspected at least once every 5
      years.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104-324, title
    VI, Sec. 605(a), Oct. 19, 1996, 110 Stat. 3931.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3307(1)                               46:391(c)                     
                                          46:1295f(c)                   
    3307(2)                               46:390a(a)                    
                                          46:404-1(6)(i)                
    3307(3)                               46:391(b)                     
                                          46:392(b)                     
                                          46:404-1(6)(ii)               
    --------------------------------------------------------------------

      Section 3307 requires each vessel subject to inspection to
    undergo an initial inspection prior to being placed in service.
    This is normally started during the construction or reconstruction
    phase and is a continuing process until final certification for
    operation in a particular trade. Subsequent periodic inspections
    are also required for various types of vessels. It is to be noted
    that a freight vessel of less than 100 gross tons shall be
    inspected at 3 year intervals while the larger freight vessel has a
    2 year inspection period. This is being done to retain the existing
    procedure of issuing 3 year certificates of inspection to smaller
    vessels, however, this does not prevent periodic inspections or
    examinations at intervening periods.

                                AMENDMENTS                            
      1996 - Par. (1). Pub. L. 104-324, Sec. 605(a)(1), substituted ",
    nautical school vessel, and small passenger vessel allowed to carry
    more than 12 passengers on a foreign voyage" for "and nautical
    school vessel" and inserted "and" at end.
      Pars. (2), (3). Pub. L. 104-324, Sec. 605(a)(2), (3),
    redesignated par. (3) as (2), substituted "5 years" for "2 years",
    and struck out former par. (2) which read as follows: "each small
    passenger vessel, freight vessel or offshore supply vessel of less
    than 100 gross tons, and sailing school vessel shall be inspected
    at least once every 3 years; and".

-End-



-CITE-
    46 USC Sec. 3308                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3308. Examinations

-STATUTE-
      In addition to inspections required by section 3307 of this
    title, the Secretary shall examine or have examined - 
        (1) each vessel subject to inspection at proper times to ensure
      compliance with law and regulations; and
        (2) crewmember accommodations on each vessel subject to
      inspection at least once a month or when the vessel enters United
      States ports to ensure that the accommodations are - 
          (A) of the size required by law and regulations;
          (B) properly ventilated and in a clean and sanitary
        condition; and
          (C) equipped with proper plumbing and mechanical appliances
        required by law and regulations, and the appliances are in good
        working condition.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104-324, title
    VI, Sec. 603(c), Oct. 19, 1996, 110 Stat. 3930.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3308                                  46:435                        
                                          46:660a                       
                                          46:660b                       
    --------------------------------------------------------------------

      Section 3308 requires the Secretary to carry out additional
    inspections as might be necessary to ensure compliance with
    applicable laws and regulations, and to ensure that accommodations
    are maintained in a sanitary condition and that all appliances are
    in good working order.

                                AMENDMENTS                            
      1996 - Pub. L. 104-324 inserted "or have examined" after
    "examine" in introductory provisions.

-End-



-CITE-
    46 USC Sec. 3309                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3309. Certificate of inspection

-STATUTE-
      (a) When an inspection under section 3307 of this title has been
    made and a vessel has been found to be in compliance with the
    requirements of law and regulations, a certificate of inspection,
    in a form prescribed by the Secretary, shall be issued to the
    vessel.
      (b) The Secretary may issue a temporary certificate of inspection
    in place of a regular certificate of inspection issued under
    subsection (a) of this section.
      (c) At least 30 days before the current certificate of inspection
    issued to a vessel under subsection (a) of this section expires,
    the owner, charterer, managing operator, agent, master, or
    individual in charge of the vessel shall submit to the Secretary in
    writing a notice that the vessel - 
        (1) will be required to be inspected; or
        (2) will not be operated so as to require an inspection.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515; Pub. L. 98-498, title
    II, Sec. 211(a), Oct. 19, 1984, 98 Stat. 2303; Pub. L. 104-324,
    title VI, Sec. 606, Oct. 19, 1996, 110 Stat. 3931.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3309                                  46:390c                       
                                          46:391a(8)                    
                                          46:395(d)                     
                                          46:399                        
    --------------------------------------------------------------------

      Section 3309 provides for the issuance of a certificate of
    inspection that attests to the fact that the vessel has been found
    to be in compliance with the applicable maritime safety laws and
    regulations. Under this provision the Coast Guard can issue a
    temporary certificate of inspection upon compliance with the
    applicable laws or regulations to facilitate the preparation,
    processing, and forwarding of the regular certificate of inspection
    to the vessel. A temporary certificate does not imply less than
    satisfactory compliance.

                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-324 struck out "(but not more
    than 60 days)" after "30 days" in introductory provisions.
      1984 - Subsec. (c). Pub. L. 98-498 added subsec. (c).

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-498 effective 180 days after Oct. 19,
    1984, see section 214 of Pub. L. 98-498, set out as an Effective
    Date note under section 2306 of this title.

-End-



-CITE-
    46 USC Sec. 3310                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3310. Records of certification

-STATUTE-
      The Secretary shall keep records of certificates of inspection of
    vessels and of all acts in the examination and inspection of
    vessels, whether of approval or disapproval.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3310                                  46:414                        
    --------------------------------------------------------------------

      Section 3310 contains the requirement for maintaining inspection
    records.

-End-



-CITE-
    46 USC Sec. 3311                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3311. Certificate of inspection required

-STATUTE-
      (a) Except as provided in subsection (b), a vessel subject to
    inspection under this part may not be operated without having on
    board a certificate of inspection issued under section 3309 of this
    title.
      (b) The Secretary may direct the owner, charterer, managing
    operator, agent, master, or individual in charge of a vessel
    subject to inspection under this chapter and not having on board a
    certificate of inspection - 
        (1) to have the vessel proceed to mooring and remain there
      until a certificate of inspection is issued;
        (2) to take immediate steps necessary for the safety of the
      vessel, individuals on board the vessel, or the environment; or
        (3) to have the vessel proceed to a place to make repairs
      necessary to obtain a certificate of inspection.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515; Pub. L. 98-498, title
    II, Sec. 211(b), Oct. 19, 1984, 98 Stat. 2304.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3311                                  46:390c                       
                                          46:395                        
                                          46:399                        
    --------------------------------------------------------------------

      Section 3311 prohibits the operation of a vessel subject to
    inspection without having on board a valid certificate of
    inspection.

                                AMENDMENTS                            
      1984 - Pub. L. 98-498 designated existing provisions as subsec.
    (a), substituted "Except as provided in subsection (b), a vessel"
    for "A vessel", struck out "valid" before "certificate of
    inspection", and added subsec. (b).

-End-



-CITE-
    46 USC Sec. 3312                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3312. Display of certificate of inspection

-STATUTE-
      The certificate of inspection issued to a vessel under section
    3309 of this title shall be displayed, suitably framed, in a
    conspicuous place on the vessel. When it is not practicable to so
    display the certificate, it shall be carried in the manner
    prescribed by regulation.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3312                                  46:400                        
    --------------------------------------------------------------------

      Section 3312 requires the conspicuous display of the certificate
    of inspection to provide notice that the vessel is in compliance
    with applicable maritime safety laws and regulations. The section
    also applies to the posting of the temporary certificate of
    inspection.

-End-



-CITE-
    46 USC Sec. 3313                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3313. Compliance with certificate of inspection

-STATUTE-
      (a) During the term of a vessel's certificate of inspection, the
    vessel must be in compliance with its conditions, unless relieved
    by a suspension or an exemption granted under section 3306(e) of
    this title.
      (b) When a vessel is not in compliance with its certificate or
    fails to meet a standard prescribed by this part or a regulation
    prescribed under this part - 
        (1) the owner, charterer, managing operator, agent, master, or
      individual in charge shall be ordered in writing to correct the
      noted deficiencies promptly;
        (2) the Secretary may permit any repairs to be made at a place
      most convenient to the owner, charterer, or managing operator
      when the Secretary decides the repairs can be made with safety to
      those on board and the vessel;
        (3) the vessel may be required to cease operating at once; and
        (4) if necessary, the certificate shall be suspended or
      revoked.

      (c) The vessel's certificate of inspection shall be revoked if a
    condition unsafe to life that is ordered to be corrected under this
    section is not corrected at once.
      (d) The owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel whose certificate has been
    suspended or revoked shall be given written notice immediately of
    the suspension or revocation. The owner or master may appeal to the
    Secretary the suspension or revocation within 30 days of receiving
    the notice, as provided by regulations prescribed by the Secretary.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3313                                  46:390c                       
                                          46:391a(8)                    
                                          46:435                        
    --------------------------------------------------------------------

      Section 3313 requires a vessel to be maintained in a condition so
    as to always be in compliance with the applicable laws and
    regulations. Here the master, owner, or other responsible party is
    required to maintain the vessel to inspection standards and to
    correct all deficiencies observed. When a vessel is not in
    compliance with its certificate the responsible parties shall be
    ordered in writing to correct the deficiencies promptly. The
    section provides flexibility as to when and where these
    deficiencies may be corrected consistent with the safety of the
    vessel and crew. The section provides authority to require the
    vessel to cease operating or, if necessary, to suspend or revoke
    its certificate of inspection when found not to be in compliance
    with its certificate or regulations. The owner or master, or other
    responsible party must be given written notice and may appeal this
    action within 30 days of receiving the notice.

-End-



-CITE-
    46 USC Sec. 3314                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3314. Expiration of certificate of inspection

-STATUTE-
      (a) If the certificate of inspection of a vessel expires when the
    vessel is on a foreign voyage, the vessel may complete the voyage
    to a port of the United States within 30 days of the expiration of
    the certificate without incurring the penalties for operating
    without a certificate of inspection.
      (b) If the certificate of inspection would expire within 15 days
    of sailing on a foreign voyage from a United States port, the
    vessel shall secure a new certificate of inspection before sailing,
    unless the voyage is scheduled to be completed prior to the
    expiration date of the certificate. If a voyage scheduled to be
    completed in that time is not so completed, the applicable
    penalties may be enforced unless the failure to meet the schedule
    was beyond the control of the owner, charterer, managing operator,
    agent, master, or individual in charge of the vessel.
      (c) When the certificate of inspection of a foreign vessel
    carrying passengers, operated on a regularly established line,
    expires at sea after leaving the country to which it belongs or
    when the vessel is in the United States, the Secretary may permit
    the vessel to sail on its regular route without further inspection
    than would have been required had the certificate not expired. This
    permission applies only when the vessel will be regularly inspected
    and issued a certificate before the vessel's next return to the
    United States.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 516.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3314                                  46:362                        
                                          46:399                        
    --------------------------------------------------------------------

      Section 3314 contains the procedures for when a vessel's
    certificate of inspection expires while on a foreign voyage.

-End-



-CITE-
    46 USC Sec. 3315                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3315. Disclosure of defects and protection of informants

-STATUTE-
      (a) Each individual licensed under part E of this subtitle shall
    assist in the inspection or examination under this part of the
    vessel on which the individual is serving, and shall point out
    defects and imperfections known to the individual in matters
    subject to regulations and inspection. The individual also shall
    make known to officials designated to enforce this part, at the
    earliest opportunity, any marine casualty producing serious injury
    to the vessel, its equipment, or individuals on the vessel.
      (b) An official may not disclose the name of an individual
    providing information under this section, or the source of the
    information, to a person except a person authorized by the
    Secretary. An official violating this subsection is liable to
    disciplinary action under applicable law.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 516.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3315                                  46:234                        
    --------------------------------------------------------------------

      Section 3315 requires an individual holding a license issued by
    the Coast Guard to assist inspection authorities and to make
    defects and imperfections known to those authorities. Anyone
    licensed also has a duty to report any marine casualty producing
    serious injury to the vessel, its equipment, or individuals on
    board the vessel. These licensed individuals who have this
    statutorily imposed duty to disclose are also protected by
    prohibiting any government official from disclosing the identity or
    source of the information except as authorized by the Secretary.

-End-



-CITE-
    46 USC Sec. 3316                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3316. Classification societies

-STATUTE-
      (a) Each department, agency, and instrumentality of the United
    States Government shall recognize the American Bureau of Shipping
    as its agent in classifying vessels owned by the Government and in
    matters related to classification, as long as the Bureau is
    maintained as an organization having no capital stock and paying no
    dividends. The Secretary and the Secretary of Transportation each
    shall appoint one representative (except when the Secretary is the
    Secretary of Transportation, in which case the Secretary shall
    appoint both representatives) who shall represent the Government on
    the executive committee of the Bureau. The Bureau shall agree that
    the representatives shall be accepted by it as active members of
    the committee. The representatives shall serve without
    compensation, except for necessary traveling expenses.
      (b)(1) The Secretary may delegate to the American Bureau of
    Shipping or another classification society recognized by the
    Secretary as meeting acceptable standards for such a society, for a
    vessel documented or to be documented under chapter 121 of this
    title, the authority to - 
        (A) review and approve plans required for issuing a certificate
      of inspection required by this part;
        (B) conduct inspections and examinations; and
        (C) issue a certificate of inspection required by this part and
      other related documents.

      (2) The Secretary may make a delegation under paragraph (1) to a
    foreign classification society only - 
        (A) to the extent that the government of the foreign country in
      which the society is headquartered delegates authority and
      provides access to the American Bureau of Shipping to inspect,
      certify, and provide related services to vessels documented in
      that country; and
        (B) if the foreign classification society has offices and
      maintains records in the United States.

      (3) When an inspection or examination has been delegated under
    this subsection, the Secretary's delegate - 
        (A) shall maintain in the United States complete files of all
      information derived from or necessarily connected with the
      inspection or examination for at least 2 years after the vessel
      ceases to be certified; and
        (B) shall permit access to those files at all reasonable times
      to any officer, employee, or member of the Coast Guard designated
      - 
          (i) as a marine inspector and serving in a position as a
        marine inspector; or
          (ii) in writing by the Secretary to have access to those
        files.

      (c)(1) A classification society (including an employee or agent
    of that society) may not review, examine, survey, or certify the
    construction, repair, or alteration of a vessel in the United
    States unless - 
        (A) the society has applied for approval under this subsection
      and the Secretary has reviewed and approved that society with
      respect to the conduct of that society under paragraph (2); or
        (B) the society is a full member of the International
      Association of Classification Societies.

      (2) The Secretary may approve a person for purposes of paragraph
    (1) only if the Secretary determines that - 
        (A) the vessels surveyed by the person while acting as a
      classification society have an adequate safety record; and
        (B) the person has an adequate program to - 
          (i) develop and implement safety standards for vessels
        surveyed by the person;
          (ii) make the safety records of the person available to the
        Secretary in an electronic format;
          (iii) provide the safety records of a vessel surveyed by the
        person to any other classification society that requests those
        records for the purpose of conducting a survey of the vessel;
        and
          (iv) request the safety records of a vessel the person will
        survey from any classification society that previously surveyed
        the vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 516; Pub. L. 104-324, title
    VI, Sec. 607(a), (b)(1), Oct. 19, 1996, 110 Stat. 3931, 3932; Pub.
    L. 108-293, title IV, Sec. 413(a), Aug. 9, 2004, 118 Stat. 1046.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3316                                  46:9 (less (c))               
                                          46:369                        
                                          46:881                        
    --------------------------------------------------------------------

      Section 3316 prescribes the relationship between certain
    classification societies and the Federal Government with respect to
    the promotion of maritime safety and the security of life and
    property at sea. Briefly stated, a classification society, like the
    American Bureau of Shipping (ABS), establishes and administers
    standards for the design, construction, and periodic survey of
    commercial vessels, yachts, and other marine structures.
    Classification certifies adherence to these standards, thus
    representing that a vessel or structure possesses the structural
    and mechanical fitness required for its intended service.
      The section requires that a Federal department, agency, or
    instrumentality recognize the American Bureau of Shipping as its
    agent for classing vessels owned by the Federal Government and in
    any matters related to classification. In effect, the ABS has a
    statutory monopoly on classing vessels of the United States
    Government. Additionally, the section contains the authority to
    permit the Secretary to rely on reports, documents, and
    certificates issued by a classification society that is similar to
    the American Bureau of Shipping. However, a "similar classification
    society" continues to mean one that is organized like the American
    Bureau of Shipping with attendant governmental representation.

                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-293 added subsec. (c).
      1996 - Pub. L. 104-324, Sec. 607(b)(1), substituted
    "Classification societies" for "United States classification
    societies" in section catchline.
      Subsec. (a). Pub. L. 104-324, Sec. 607(a)(3), which directed the
    substitution of "American Bureau of Shipping" for "Bureau", was
    executed by making the substitution the first place appearing, to
    reflect the probable intent of Congress.
      Pub. L. 104-324, Sec. 607(a)(1), (2), redesignated subsec. (b) as
    (a) and struck out former subsec. (a) which read as follows: "In
    carrying out this part, the Secretary may rely on reports,
    documents, and certificates issued by the American Bureau of
    Shipping or a similar United States classification society, or an
    agent of the Bureau or society."
      Subsec. (b). Pub. L. 104-324, Sec. 607(a)(2), (4), redesignated
    subsec. (c) as (b), added pars. (1) and (2), redesignated former
    par. (2) as (3), and struck out former par. (1) which read as
    follows: "To the maximum extent practicable, the Secretary may
    delegate to the Bureau or a similar United States classification
    society, or an agent of the Bureau or society, the inspection or
    examination, in the United States or in a foreign country, of a
    vessel documented or to be documented as a vessel of the United
    States. The Bureau, society, or agent may issue the certificate of
    inspection required by this part and other certificates essential
    to documentation." Former subsec. (b) redesignated (a).
      Subsec. (c). Pub. L. 104-324, Sec. 607(a)(2), redesignated
    subsec. (c) as (b).
      Subsec. (d). Pub. L. 104-324, Sec. 607(a)(1), struck out subsec.
    (d) which read as follows: "The Secretary also may make an
    agreement with or use the Bureau or a similar United States
    classification society, or an agent of the Bureau or society, for
    reviewing and approving plans required for issuing a certificate of
    inspection."

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-293, title IV, Sec. 413(b), Aug. 9, 2004, 118 Stat.
    1046, provided that: "Section 3316(c)(1) of title 46, United States
    Code, shall apply with respect to operation as a classification
    society on or after January 1, 2005."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 3317                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3317. Fees

-STATUTE-
      (a) The Secretary may prescribe by regulation fees for inspecting
    or examining a small passenger vessel or a sailing school vessel.
      (b) When an inspection or examination under this part of a
    documented vessel or a foreign vessel is conducted at a foreign
    port or place at the request of the owner or managing operator of
    the vessel, the owner or operator shall reimburse the Secretary for
    the travel and subsistence expenses incurred by the personnel
    assigned to perform the inspection or examination. Amounts received
    as reimbursement for these expenses shall be credited to the
    appropriation for operating expenses of the Coast Guard.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 517; Pub. L. 102-587, title
    V, Sec. 5211, Nov. 4, 1992, 106 Stat. 5076.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3317                                  46:390a(b)                    
                                          46:382b-1                     
    --------------------------------------------------------------------

      Section 3317 provides the regulatory authority for prescribing
    fees for the inspection of small passenger vessels and sailing
    school vessels. Although section 2110 generally prohibits fees of
    this nature, this provision is consistent with the exception that
    permits specific statutory authorization for fee collection.
    Subsection (b) requires the reimbursement of expenses for the
    conduct of an inspection or examination at a foreign port or place
    when done there for the convenience of the owner or operator of the
    vessel.

                                AMENDMENTS                            
      1992 - Subsec. (b). Pub. L. 102-587 substituted "under this part
    of a documented vessel or a foreign vessel" for "under this chapter
    of a documented vessel".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 3318                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 33 - INSPECTION GENERALLY

-HEAD-
    Sec. 3318. Penalties

-STATUTE-
      (a) Except as otherwise provided in this part, the owner,
    charterer, managing operator, agent, master, or individual in
    charge of a vessel operated in violation of this part or a
    regulation prescribed under this part, and a person violating a
    regulation that applies to a small passenger vessel, freight vessel
    of less than 100 gross tons as measured under section 14502 of this
    title, or an alternate tonnage measured under section 14302 of this
    title as prescribed by the Secretary under section 14104 of this
    title, or sailing school vessel, are liable to the United States
    Government for a civil penalty of not more than $5,000. The vessel
    also is liable in rem for the penalty.
      (b)(1) A person that knowingly manufactures, sells, offers for
    sale, or possesses with intent to sell, any equipment subject to
    this part, and the equipment is so defective as to be insufficient
    to accomplish the purpose for which it is intended, commits a class
    D felony.
      (2) A person commits a class D felony if the person - 
        (A) alters or services lifesaving, fire safety, or any other
      equipment subject to this part for compensation; and
        (B) by that alteration or servicing, intentionally renders that
      equipment unsafe and unfit for the purpose for which it is
      intended.

      (c) A person that employs a means or device whereby a boiler may
    be subjected to a pressure greater than allowed by the terms of the
    vessel's certificate of inspection commits a class D felony.
      (d) A person that deranges or hinders the operation of any
    machinery or device employed on a vessel to denote the state of
    steam or water in any boiler or to give warning of approaching
    danger, or permits the water level of any boiler when in operation
    of a vessel to fall below its prescribed low-water line, commits a
    class D felony.
      (e) A person that alters, defaces, obliterates, removes, or
    destroys any plans or specifications required by and approved under
    a regulation prescribed under section 3306 of this title, with
    intent to deceive or impede any official of the United States in
    carrying out that official's duties, commits a class A misdemeanor.
      (f) A person commits a class D felony if the person - 
        (1) forges or counterfeits with intent to make it appear
      genuine any mark or stamp prescribed for material to be tested
      and approved under section 3306 of this title or a regulation
      prescribed under section 3306;
        (2) knowingly uses, affixes, or causes to be used or affixed,
      any such forged or counterfeited mark or stamp to or on material
      of any description;
        (3) with fraudulent intent, possesses any such mark, stamp, or
      other device knowing it to be forged or counterfeited; or
        (4) with fraudulent intent, marks or causes to be marked with
      the trademark or name of another, material required to be tested
      and approved under section 3306 of this title or a regulation
      prescribed under section 3306.

      (g) A person is liable to the Government for a civil penalty of
    not more than $5,000, if the person - 
        (1) interferes with the inspection of a nautical school vessel;
        (2) violates a regulation prescribed for a nautical school
      vessel;
        (3) is an owner of a nautical school vessel operated in
      violation of this part; or
        (4) is an officer or member of the board of directors of a
      school, organization, association, partnership, or corporation
      owning a nautical school vessel operated in violation of a
      regulation prescribed for a nautical school vessel.

      (h) An owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel that fails to give the notice
    required by section 3304(b) of this title is liable to the
    Government for a civil penalty of not more than $1,000. The vessel
    also is liable in rem for the penalty.
      (i) A person violating section 3309(c) of this title is liable to
    the Government for a civil penalty of not more than $1,000.
      (j)(1) An owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel required to be inspected under
    this chapter operating the vessel without the certificate of
    inspection is liable to the Government for a civil penalty of not
    more than $10,000 for each day during which the violation occurs,
    except when the violation involves operation of a vessel of less
    than 1,600 gross tons as measured under section 14502 of this
    title, or an alternate tonnage measured under section 14302 of this
    title as prescribed by the Secretary under section 14104 of this
    title, the penalty is not more than $2,000 for each day during
    which the violation occurs. The vessel also is liable in rem for
    the penalty.
      (2) A person is not liable for a penalty under this subsection if
    - 
        (A) the owner, charterer, managing operator, agent, master, or
      individual in charge of the vessel has notified the Secretary
      under section 3309(c) of this title;
        (B) the owner, charterer, managing operator, agent, master, or
      individual in charge of the vessel has complied with all other
      directions and requirements for obtaining an inspection under
      this part; and
        (C) the Secretary believes that unforeseen circumstances exist
      so that it is not feasible to conduct a scheduled inspection
      before the expiration of the certificate of inspection.

      (k) The owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel failing to comply with a direction
    issued by the Secretary under section 3311(b) of this title is
    liable to the Government for a civil penalty of not more than
    $10,000 for each day during which the violation occurs. The vessel
    also is liable in rem for the penalty.
      (l) A person committing an act described by subsections (b)-(f)
    of this section is liable to the Government for a civil penalty of
    not more than $5,000. If the violation involves the operation of a
    vessel, the vessel also is liable in rem for the penalty.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 517; Pub. L. 98-498, title
    II, Sec. 211(c), Oct. 19, 1984, 98 Stat. 2304; Pub. L. 99-307, Sec.
    1(6), May 19, 1986, 100 Stat. 445; Pub. L. 101-380, title IV, Sec.
    4302(b), Aug. 18, 1990, 104 Stat. 538; Pub. L. 104-324, title III,
    Sec. 310, title VII, Sec. 713, Oct. 19, 1996, 110 Stat. 3919, 3936;
    Pub. L. 109-304, Sec. 15(13), Oct. 6, 2006, 120 Stat. 1703.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3318                                  46:369(e)                     
                                          46:390d                       
                                          46:398                        
                                          46:403                        
                                          46:407                        
                                          46:408                        
                                          46:410                        
                                          46:413                        
                                          46:436                        
                                          46:481(d)                     
                                          46:1295f(d)(2), (3)           
    --------------------------------------------------------------------

      Section 3318 provides for a number of specific civil and criminal
    penalties.

                                AMENDMENTS                            
      2006 - Subsec. (f). Pub. L. 109-304 struck out period after
    "felony".
      1996 - Subsec. (a). Pub. L. 104-324, Sec. 713(1), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "100 gross
    tons".
      Subsec. (b)(1). Pub. L. 104-324, Sec. 310, designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (j)(1). Pub. L. 104-324, Sec. 713(2), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "1,600 gross
    tons".
      1990 - Subsec. (b). Pub. L. 101-380, Sec. 4302(b)(1), substituted
    "commits a class D felony" for "shall be fined not more than
    $10,000, imprisoned for not more than 5 years, or both".
      Subsec. (c). Pub. L. 101-380, Sec. 4302(b)(2), substituted
    "commits a class D felony" for "shall be fined not more than
    $5,000, imprisoned for not more than 5 years, or both".
      Subsec. (d). Pub. L. 101-380, Sec. 4302(b)(3), substituted
    "commits a class D felony" for "shall be fined not more than
    $5,000, imprisoned for not more than 5 years, or both".
      Subsec. (e). Pub. L. 101-380, Sec. 4302(b)(4), substituted
    "commits a class A misdemeanor" for "shall be fined not more than
    $10,000, imprisoned for not more than 2 years, or both".
      Subsec. (f). Pub. L. 101-380, Sec. 4302(b)(5), substituted
    "commits a class D felony." for "shall be fined not less than
    $1,000 but not more than $10,000, and imprisoned for not less than
    2 years but not more than 5 years,".
      1986 - Subsec. (f). Pub. L. 99-307 in provision preceding par.
    (1) substituted "than" for "then" in two places.
      1984 - Subsec. (a). Pub. L. 98-498, Sec. 211(c)(1), substituted
    "Except as otherwise provided in this part, the" for "The" and "not
    more than $5,000" for "$1,000, except that when the violation
    involves operation of a barge, the penalty is $500".
      Subsec. (c). Pub. L. 98-498, Sec. 211(c)(2), substituted "$5,000"
    for "$2,000".
      Subsec. (d). Pub. L. 98-498, Sec. 211(c)(3), substituted "$5,000"
    for "$2,000".
      Subsec. (e). Pub. L. 98-498, Sec. 211(c)(4), substituted
    "$10,000" for "$2,000".
      Subsec. (f). Pub. L. 98-498, Sec. 211(c)(5), substituted
    "$10,000" for "$5,000".
      Subsec. (g). Pub. L. 98-498, Sec. 211(c)(6), substituted "is
    liable to the Government for a civil penalty of not more than
    $5,000" for "shall be fined not more than $10,000, imprisoned for
    not more than one year, or both".
      Subsec. (h). Pub. L. 98-498, Sec. 211(c)(7), substituted
    "Government for a civil penalty of not more than $1,000." for
    "United States Government for a civil penalty of not more than
    $500."
      Subsecs. (i) to (l). Pub. L. 98-498, Sec. 211(c)(8), added
    subsecs. (i) to (l).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-


-CITE-
    46 USC CHAPTER 35 - CARRIAGE OF PASSENGERS                  01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-
                    CHAPTER 35 - CARRIAGE OF PASSENGERS                

-MISC1-
    Sec.                                                     
    3501.       Number of passengers.                                 
    3502.       List or count of passengers.                          
    3503.       Fire-retardant materials.                             
    3504.       Notification to passengers.                           
    3505.       Prevention of departure.                              
    3506.       Copies of laws.                                       

                       HISTORICAL AND REVISION NOTES                   
      Chapter 35 consolidates the laws that have specific application
    to the carriage of passengers. They provide special provisions for
    listing and counting the number of passengers on board a vessel,
    for notifying the general public of the safety standards that are
    applicable, and for related control measures.

-End-



-CITE-
    46 USC Sec. 3501                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-
    Sec. 3501. Number of passengers

-STATUTE-
      (a) Each certificate of inspection issued to a vessel carrying
    passengers (except a ferry) shall include a statement on the number
    of passengers that the vessel is permitted to carry.
      (b) The owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel is liable to a person suing them
    for carrying more passengers than the number of passengers
    permitted by the certificate of inspection in an amount equal to - 
        (1) passage money; and
        (2) $100 for each passenger in excess of the number of
      passengers permitted.

      (c) An owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel that knowingly carries more
    passengers than the number of passengers permitted by the
    certificate of inspection also shall be fined not more than $100,
    imprisoned for not more than 30 days, or both.
      (d) The vessel also is liable in rem for a penalty under this
    section.
      (e) An offshore supply vessel may not carry passengers except in
    an emergency.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519; Pub. L. 99-36, Sec.
    1(a)(2), May 15, 1985, 99 Stat. 67.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3501                                  46:404-1                      
                                          46:451                        
                                          46:452                        
                                          46:462                        
    --------------------------------------------------------------------

      Section 3501 requires that a vessel carrying passengers,
    including a passenger vessel as well as a small passenger vessel
    (except a ferry), shall have on the certificate of inspection a
    statement as to the number of passengers the vessel is permitted to
    carry. It also provides penalties for carrying passengers in excess
    of the number permitted.

                                AMENDMENTS                            
      1985 - Subsec. (a). Pub. L. 99-36, Sec. 1(a)(2)(A), struck out
    the comma after "(except a ferry)".
      Subsec. (c). Pub. L. 99-36, Sec. 1(a)(2)(B), substituted "carries
    more passengers than the number of passengers permitted by the
    certificate of inspection" for "violates subsection (b) of this
    section".

                              EFFECTIVE DATE                          
      Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L.
    98-89, set out as a note under section 3101 of this title.

-End-



-CITE-
    46 USC Sec. 3502                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-
    Sec. 3502. List or count of passengers

-STATUTE-
      (a) The owner, charterer, managing operator, master, or
    individual in charge of the following categories of vessels
    carrying passengers shall keep a correct list of passengers
    received and delivered from day to day:
        (1) vessels arriving from foreign ports (except at United
      States Great Lakes ports from Canadian Great Lakes ports).
        (2) seagoing vessels in the coastwise trade.
        (3) passenger vessels making voyages of more than 300 miles on
      the Great Lakes except from a Canadian to a United States port.

      (b) The master of a vessel carrying passengers (except a vessel
    listed in subsection (a) of this section) shall keep a correct
    count of all passengers received and delivered.
      (c) Lists and counts required under this section shall be open to
    the inspection of designated officials of the Coast Guard and the
    Customs Service at all times. The total number of passengers shall
    be provided to the Coast Guard when requested.
      (d) This section applies to a foreign vessel arriving at a United
    States port.
      (e) The owner, charterer, managing operator, master, or
    individual in charge of a passenger vessel failing to make a list
    or count of passengers as required by this section is liable to the
    United States Government for a civil penalty of $100. The vessel
    also is liable in rem for the penalty.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3502                                  46:460                        
                                          46:460a                       
                                          46:461                        
                                          46:462                        
    --------------------------------------------------------------------

      Section 3502 is related to section 3501 and requires the listing
    or counting of passengers on certain vessels. This requirement
    applies to large as well as small passenger vessels when operating
    on the types of voyages enumerated. This section also applies to a
    foreign vessel arriving at a port or place in the United States.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 3503                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-
    Sec. 3503. Fire-retardant materials

-STATUTE-
      (a) A passenger vessel of the United States having berth or
    stateroom accommodations for at least 50 passengers shall be
    granted a certificate of inspection only if the vessel is
    constructed of fire-retardant materials. Before November 1, 2008,
    this section does not apply to any vessel in operation before
    January 1, 1968, and operating only within the Boundary Line.
      (b)(1) When a vessel is exempted from the fire-retardant
    standards of this section - 
        (A) the owner or managing operator of the vessel shall notify
      prospective passengers that the vessel does not comply with
      applicable fire safety standards due primarily to the wooden
      construction of passenger berthing areas;
        (B) the owner or managing operator of the vessel may not
      disclaim liability to a passenger for death, injury, or any other
      loss caused by fire due to the negligence of the owner or
      managing operator;
        (C) the penalties provided in section 3504(c) of this title
      apply to a violation of this subsection; and
        (D) the owner or managing operator of the vessel shall notify
      the Coast Guard of structural alterations to the vessel, and with
      regard to those alterations comply with any noncombustible
      material requirements that the Coast Guard prescribes for
      nonpublic spaces. Coast Guard requirements shall be consistent
      with preservation of the historic integrity of the vessel in
      areas carrying or accessible to passengers or generally visible
      to the public.

      (2) The Secretary shall prescribe regulations under this
    subsection on the manner in which prospective passengers are to be
    notified.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519; Pub. L. 99-307, Sec.
    1(7)(A), May 19, 1986, 100 Stat. 445; Pub. L. 102-241, Sec. 20,
    Dec. 19, 1991, 105 Stat. 2216; Pub. L. 104-324, title XI, Sec.
    1133, Oct. 19, 1996, 110 Stat. 3985.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3503                                  46:369(b)                     
    --------------------------------------------------------------------

      Section 3503 requires the use of fire retardant materials on a
    vessel having berthing facilities for at least 50 passengers. This
    requirement in the case of vessels engaged in foreign trade is
    consistent with our international treaty obligations, which impose
    extensive and additional fire safety standards. A waiver that
    grandfathers existing inland river passenger vessels is also
    included.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-324 substituted "Before November
    1, 2008, this section does not apply to any vessel in operation
    before January 1, 1968, and operating only within the Boundary
    Line." for "Before November 1, 1998, this section does not apply to
    a vessel in operation before January 1, 1968, and operating only on
    the inland rivers."
      1991 - Subsec. (a). Pub. L. 102-241, Sec. 20(1), substituted
    "1998" for "1993".
      Subsec. (b)(1)(D). Pub. L. 102-241, Sec. 20(2), added subpar.
    (D).
      1986 - Pub. L. 99-307 designated existing provision as subsec.
    (a), substituted "November 1, 1993" for "November 1, 1988" and
    inserted "in operation before January 1, 1968, and" after "to a
    vessel", and added subsec. (b).


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC2-
       NOTIFICATION TO PROSPECTIVE PASSENGERS OF NONCOMPLIANCE WITH
                         FIRE-RETARDANT STANDARDS
      Pub. L. 99-307, Sec. 1(7)(B), May 19, 1986, 100 Stat. 445,
    provided that: "Until the regulations required by subclause (A) of
    this clause [see subsec. (b)(2) of this section] become effective,
    the owner or managing operator shall notify prospective passengers
    in all promotional literature and on each ticket that the vessel
    does not comply with those standards due primarily to the wooden
    construction of passenger berthing areas."

-End-



-CITE-
    46 USC Sec. 3504                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-
    Sec. 3504. Notification to passengers

-STATUTE-
      (a) A person selling passage on a foreign or domestic passenger
    vessel having berth or stateroom accommodations for at least 50
    passengers and embarking passengers at United States ports for a
    coastwise or an international voyage shall notify each prospective
    passenger of the safety standards applicable to the vessel in a
    manner prescribed by regulation.
      (b) All promotional literature or advertising through any medium
    of communication in the United States offering passage or
    soliciting passengers for ocean voyages anywhere in the world shall
    include information similar to the information described in
    subsection (a) of this section, and shall specify the registry of
    each vessel named, as a part of the advertisement or description of
    the voyage. Except for the inclusion of the country of registry of
    the vessel, this subsection does not apply to voyages by vessels
    meeting the safety standards described in section 3505 of this
    title.
      (c) A person violating this section or a regulation prescribed
    under this section is liable to the United States Government for a
    civil penalty of not more than $10,000. If the violation involves
    the sale of tickets for passage, the owner, charterer, managing
    operator, agent, master, individual in charge, or any other person
    involved in each violation also is liable to the Government for a
    civil penalty of $500 for each ticket sold. The vessel on which
    passage is sold also is liable in rem for a violation of this
    section or a regulation prescribed under this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3504                                  46:362(b)                     
    --------------------------------------------------------------------

      Section 3504 requires notification to the public of the safety
    standards that are applicable to certain foreign flag or United
    States passenger vessels. In addition, all promotional literature
    or advertising that offers passage or solicits passengers for ocean
    voyages anywhere in the world shall include a safety standard
    statement and shall specify the registry of the vessel. If the
    vessel meets the international standards to which the United States
    adheres, then the safety standard statement need not be included.
    In all other cases the type of safety standard statement that must
    be included is as prescribed by regulation. This section is
    intended to place the United States public on notice as to the
    degree of fire safety compliance of a foreign-flag passenger vessel
    that does not operate or depart from a port or place in the United
    States but does embark passengers from the United States at nearby
    foreign ports. Departures from foreign ports are undertaken because
    the foreign-flag passenger vessel cannot comply with the safety
    standards applicable to a United States flag passenger vessel.

-End-



-CITE-
    46 USC Sec. 3505                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-
    Sec. 3505. Prevention of departure

-STATUTE-
      Notwithstanding section 3303 of this title, a foreign vessel
    carrying a citizen of the United States as a passenger or embarking
    passengers from a United States port may not depart from a United
    States port if the Secretary finds that the vessel does not comply
    with the standards stated in the International Convention for the
    Safety of Life at Sea to which the United States Government is
    currently a party.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 520; Pub. L. 102-587, title
    V, Sec. 5210(b), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 108-293,
    title IV, Sec. 411(a), Aug. 9, 2004, 118 Stat. 1045.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3505                                  46:362(c)                     
    --------------------------------------------------------------------

      Section 3505 prohibits the departure from a United States port or
    place of any passenger vessel of more than 100 gross tons having
    berthing for at least 50 passengers, if the vessel does not comply
    with the international maritime safety standards applicable to
    United States vessels.

                                AMENDMENTS                            
      2004 - Pub. L. 108-293 reenacted section catchline without change
    and amended text generally. Prior to amendment, text read as
    follows: "Notwithstanding section 3303(a) of this title, a foreign
    vessel may not depart from a United States port with passengers who
    are embarked at that port, if the Secretary finds that the vessel
    does not comply with the standards stated in the International
    Convention for the Safety of Life at Sea to which the United States
    Government is currently a party."
      1992 - Pub. L. 102-587 substituted "foreign vessel may not
    depart" for "foreign or domestic vessel of more than 100 gross tons
    having berth or stateroom accommodations for at least 50 passengers
    may not depart".

            INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA        
      For International Conventions for the Safety of Life at Sea to
    which the United States has been a party, see section 1602 of Title
    33, Navigation and Navigable Waters, and notes thereunder.

-End-



-CITE-
    46 USC Sec. 3506                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-
    Sec. 3506. Copies of laws

-STATUTE-
      A master of a passenger vessel shall keep on board a copy of this
    subtitle, to be provided by the Secretary at reasonable cost. If
    the master fails to do so, the master is liable to the United
    States Government for a civil penalty of $200.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 520.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3506                                  46:492                        
    --------------------------------------------------------------------

      Section 3506 requires the master of a passenger vessel to keep on
    board a copy of subtitle II of title 46, U.S.C. Copies of the
    subtitle shall be provided by the Secretary at reasonable cost.

-End-


-CITE-
    46 USC CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS
           CARGOES                                         01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
          CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES      

-MISC1-
    Sec.                                                     
    3701.       Definitions.                                          
    3702.       Application.                                          
    3703.       Regulations.                                          
    3703a.      Tank vessel construction standards.                   
    3704.       Coastwise trade vessels.                              
    3705.       Crude oil tanker minimum standards.                   
    3706.       Product carrier minimum standards.                    
    3707.       Tanker minimum standards.                             
    3708.       Self-propelled tank vessel minimum standards.         
    3709.       Exemptions.                                           
    3710.       Evidence of compliance by vessels of the United
                 States.                                              
    3711.       Evidence of compliance by foreign vessels.            
    3712.       Notification of noncompliance.                        
    3713.       Prohibited acts.                                      
    3714.       Inspection and examination.                           
    3715.       Lightering.                                           
    3716.       Tank washings.                                        
    3717.       Marine safety information system.                     
    3718.       Penalties.                                            
    3719.       Reduction of oil spills from single hull
                 non-self-propelled tank vessels.                     

                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 15(14), Oct. 6, 2006, 120 Stat.
    1703, inserted "single hull" before "non-self-propelled" in item
    3719.
      1996 - Pub. L. 104-324, title IX, Sec. 901(c), Oct. 19, 1996, 110
    Stat. 3947, added item 3719.
      1990 - Pub. L. 101-380, title IV, Sec. 4115(c), Aug. 18, 1990,
    104 Stat. 520, added item 3703a.

                       HISTORICAL AND REVISION NOTES                   
      Chapter 37 consolidates the laws that are applicable to vessels
    that transport oil or hazardous material in bulk as cargo or cargo
    residue.
      The history of Federal authority to carry out a tank vessel
    safety program begins with the enactment of the so-called Tank
    Vessel Act of 1936 which, as amended, is presently codified in
    section 391a of title 46, United States Code. The 1936 Act remained
    essentially the same until it was amended by the Ports and
    Waterways Safety Act of 1972. The 1972 amendment contained more
    specific standards for the protection of a tank vessel and its crew
    and added vessel standards to improve the quality of the marine
    environment. After a rash of tank vessel accidents during the
    latter part of 1976 and early 1977 within our territorial seas and
    in nearby coastal waters, there was an outpouring of public
    attention to the need to protect United States ports and waterways,
    for the safety of tank vessels, and for the protection of the
    marine environment. This led to the enactment of the Port and
    Tanker Safety Act of 1978, which provided broader and more
    extensive regulatory authority over areas already regulated and
    over many areas not previously regulated. It provided for
    improvements in the supervision and control of vessels of all types
    operating in the navigable waters of the United States, and in the
    safety of all tank vessels, foreign or domestic, that transport or
    transfer oil or hazardous cargoes in ports or places subject to the
    jurisdiction of the United States. The 1978 amendments also
    reflect, in part, certain tank vessel standards and requirements
    that have been accepted internationally, in particular those
    developed by the International Conference on Tanker Safety and
    Pollution Prevention held in London in February, 1978.

-End-



-CITE-
    46 USC Sec. 3701                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3701. Definitions

-STATUTE-
      In this chapter - 
        (1) "existing", when referring to a type of vessel to which
      this chapter applies, means a vessel that is not a new vessel.
        [(2) Repealed. Pub. L. 100-424, Sec. 8(c)(2), Sept. 9, 1988,
      102 Stat. 1593.]
        (3) "new", when referring to a type of vessel to which this
      chapter applies, means a vessel - 
          (A) for which the building contract is placed after June 1,
        1979;
          (B) in the absence of a building contract, the keel of which
        is laid, or which is at a similar stage of construction, after
        January 1, 1980;
          (C) the delivery of which is after June 1, 1982; or
          (D) that has undergone a major conversion under a contract
        made after June 1, 1979, or construction work that began after
        January 1, 1980, or was completed after June 1, 1982.

        (4) "person" means an individual (even if not a citizen or
      national of the United States), a corporation, partnership,
      association, or other entity (even if not organized or existing
      under the laws of a State), the United States Government, a State
      or local government, a government of a foreign country, or an
      entity of one of those governments.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 521; Pub. L. 99-509, title
    V, Sec. 5102(b)(5), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100-424,
    Sec. 8(c)(2), Sept. 9, 1988, 102 Stat. 1593.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3701(1)                               46:391a(2)(R)                 
    3701(2)                               46:391a(2)(P)                 
    3701(3)                               46:391a(2)(Q)                 
    3701(4)                               46:391a(2)(F)                 
    3701(5)                               46:391a(2)(J)                 
    3701(6)                               46:391a(2)(K)                 
    --------------------------------------------------------------------

      Section 3701 contains definitions that are of a special nature
    with limited applicability to this chapter.

                                AMENDMENTS                            
      1988 - Par. (2). Pub. L. 100-424 struck out par. (2) which read
    as follows: " 'major conversion' means a conversion of an existing
    vessel that substantially changes the dimensions or carrying
    capacity of the vessel or changes the type of vessel or
    substantially prolongs its life or that otherwise so changes the
    vessel that it is essentially a new vessel, as decided by the
    Secretary."
      1986 - Pars. (5), (6). Pub. L. 99-509 struck out par. (5)
    defining "State" as including Trust Territory of the Pacific
    Islands in addition to its meaning under section 2101(36) of this
    title, and struck out par. (6) defining "United States" as
    including the Trust Territory of the Pacific Islands in addition to
    its meaning under section 2101(44) of this title.

                              EFFECTIVE DATE                          
      Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L.
    98-89, set out as a note under section 3101 of this title.

-End-



-CITE-
    46 USC Sec. 3702                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3702. Application

-STATUTE-
      (a) Subject to subsections (b)-(e) of this section, this chapter
    applies to a tank vessel.
      (b) This chapter does not apply to a documented vessel that would
    be subject to this chapter only because of the transfer of fuel
    from the fuel supply tanks of the vessel to offshore drilling or
    production facilities in the oil industry if the vessel is - 
        (1) not more than 500 gross tons as measured under section
      14502 of this title, or an alternate tonnage measured under
      section 14302 of this title as prescribed by the Secretary under
      section 14104 of this title;
        (2) not a tanker; and
        (3) in the service of oil exploitation.

      (c) This chapter does not apply to a fishing or fish tender
    vessel of not more than 500 gross tons as measured under section
    14502 of this title, or an alternate tonnage measured under section
    14302 of this title as prescribed by the Secretary under section
    14104 of this title when engaged only in the fishing industry.
      (d) This chapter does not apply to a fish processing vessel of
    not more than 5,000 gross tons as measured under section 14502 of
    this title, or an alternate tonnage measured under section 14302 of
    this title as prescribed by the Secretary under section 14104 of
    this title. However, the vessel is subject to regulation by the
    Secretary when carrying flammable or combustible liquid cargo in
    bulk.
      (e) This chapter does not apply to a foreign vessel on innocent
    passage on the navigable waters of the United States.
      (f) This chapter does not apply to an oil spill response vessel
    if - 
        (1) the vessel is used only in response-related activities; or
        (2) the vessel is - 
          (A) not more than 500 gross tons as measured under section
        14502 of this title, or an alternate tonnage measured under
        section 14302 of this title as prescribed by the Secretary
        under section 14104 of this title;
          (B) designated in its certificate of inspection as an oil
        spill response vessel; and
          (C) engaged in response-related activities.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 521; Pub. L. 98-364, title
    IV, Sec. 402(6), July 17, 1984, 98 Stat. 446; Pub. L. 104-324,
    title VII, Sec. 714, title XI, Sec. 1104(b), Oct. 19, 1996, 110
    Stat. 3936, 3966.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3702                                  46:391a                       
    --------------------------------------------------------------------

      Section 3702, with certain exceptions, makes this chapter
    applicable to any tank vessel operating in the navigable waters of
    the United States or transferring oil or hazardous materials in any
    port or place subject to the jurisdiction of the United States, and
    which carries oil or any hazardous materials in bulk as cargo or in
    residue, regardless of tonnage, size or manner of propulsion;
    whether it is self-propelled or not; whether it is carrying freight
    or passengers for hire or not; and whether it is a vessel of the
    United States or a foreign vessel.
      It exempts certain small vessels documented in the service of oil
    exploitation, certain small tender and fishing vessels used in the
    Northwest salmon or crab fisheries, certain vessels used in the
    processing and assembling of fishery products used in the Northwest
    fisheries, public vessels, and foreign vessels engaged on innocent
    passage on the navigable waters of the United States. However,
    processing vessels, while not treated as tank vessels, are still
    subject to regulation when carrying flammable or combustible liquid
    cargo in bulk.

                                AMENDMENTS                            
      1996 - Subsec. (b)(1). Pub. L. 104-324, Sec. 714(1), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "500 gross
    tons".
      Subsec. (c). Pub. L. 104-324, Sec. 714(2), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "500 gross tons".
      Subsec. (d). Pub. L. 104-324, Sec. 714(3), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "5,000 gross tons".
      Subsec. (f). Pub. L. 104-324, Sec. 1104(b), added subsec. (f).
      1984 - Subsec. (c). Pub. L. 98-364, Sec. 402(6)(A), substituted
    "This chapter does not apply to a fishing or fish tender vessel of
    not more than 500 gross tons when engaged only in the fishing
    industry" for "This chapter does not apply to a cannery tender,
    fishing tender, or fishing vessel of not more than 500 gross tons,
    used in the salmon or crab fisheries of Alaska, Oregon, or
    Washington, when engaged only in the fishing industry".
      Subsec. (d). Pub. L. 98-364, Sec. 402(6)(B), substituted "This
    chapter does not apply to a fish processing vessel of not more than
    5,000 gross tons" for "This chapter does not apply to a vessel of
    not more than 5,000 gross tons used in processing and assembling
    fishery products of the fisheries of Alaska, Oregon, and
    Washington".

-End-



-CITE-
    46 USC Sec. 3703                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3703. Regulations

-STATUTE-
      (a) The Secretary shall prescribe regulations for the design,
    construction, alteration, repair, maintenance, operation,
    equipping, personnel qualification, and manning of vessels to which
    this chapter applies, that may be necessary for increased
    protection against hazards to life and property, for navigation and
    vessel safety, and for enhanced protection of the marine
    environment. The Secretary may prescribe different regulations
    applicable to vessels engaged in the domestic trade, and also may
    prescribe regulations that exceed standards set internationally.
    Regulations prescribed by the Secretary under this subsection are
    in addition to regulations prescribed under other laws that may
    apply to any of those vessels. Regulations prescribed under this
    subsection shall include requirements about - 
        (1) superstructures, hulls, cargo holds or tanks, fittings,
      equipment, appliances, propulsion machinery, auxiliary machinery,
      and boilers;
        (2) the handling or stowage of cargo, the manner of handling or
      stowage of cargo, and the machinery and appliances used in the
      handling or stowage;
        (3) equipment and appliances for lifesaving, fire protection,
      and prevention and mitigation of damage to the marine
      environment;
        (4) the manning of vessels and the duties, qualifications, and
      training of the officers and crew;
        (5) improvements in vessel maneuvering and stopping ability and
      other features that reduce the possibility of marine casualties;
        (6) the reduction of cargo loss if a marine casualty occurs;
      and
        (7) the reduction or elimination of discharges during
      ballasting, deballasting, tank cleaning, cargo handling, or other
      such activity.

      (b) In prescribing regulations under subsection (a) of this
    section, the Secretary shall consider the types and grades of cargo
    permitted to be on board a tank vessel.
      (c) In prescribing regulations under subsection (a) of this
    section, the Secretary shall establish procedures for consulting
    with, and receiving and considering the views of - 
        (1) interested departments, agencies, and instrumentalities of
      the United States Government;
        (2) officials of State and local governments;
        (3) representatives of port and harbor authorities and
      associations;
        (4) representatives of environmental groups; and
        (5) other interested parties knowledgeable or experienced in
      dealing with problems involving vessel safety, port and waterways
      safety, and protection of the marine environment.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 522.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3703                                  46:391a(6)                    
                                          46:391a(12)                   
    --------------------------------------------------------------------

      Section 3703 requires the Secretary to issue regulations to
    implement this section. Specific items are listed to be included
    within the regulations issued. The regulatory authority must be
    exercised under the Administrative Procedure Act and, in
    prescribing these regulations, the Secretary must consider the
    kinds and grades of cargo carried on board. Furthermore, in
    addition to any requirements of the Administrative Procedure Act,
    the Secretary must establish specific consultation procedures for
    considering the views of various specified interested officials,
    groups, and individuals. The procedures are intended to provide for
    consultation as early as possible in the regulatory process.

           STUDIES ADDRESSING VARIOUS SOURCES OF OIL SPILL RISK       
      Pub. L. 104-324, title IX, Sec. 903, Oct. 19, 1996, 110 Stat.
    3947, provided that:
      "(a) Study of Group-5 Fuel Oil Spills. - 
        "(1) Definition. - In this subsection, the term 'group-5 fuel
      oil' means a petroleum-based oil that has a specific gravity of
      greater than 1.0.
        "(2) Coordination of study. - The Secretary of Transportation
      shall coordinate with the Marine Board of the National Research
      Council to conduct a study of the relative environmental and
      public health risks posed by discharges of group-5 fuel oil.
        "(3) Matters to be included. - The study under this subsection
      shall include a review and analysis of - 
          "(A) the specific risks posed to the public health or welfare
        of the United States, including fish, shellfish and wildlife,
        public and private property, shorelines, beaches, habitat, and
        other natural resources under the jurisdiction or control of
        the United States, as a result of an actual or threatened
        discharge of group-5 fuel oil from a vessel or facility;
          "(B) cleanup technologies currently available to address
        actual or threatened discharge of group-5 fuel oil; and
          "(C) any technological and financial barriers that prevent
        the prompt remediation of discharges of group-5 fuel oil.
        "(4) Report. - Not later than 18 months after the date of
      enactment of this Act [Oct. 19, 1996], the Secretary of
      Transportation shall submit to the Committee on Environment and
      Public Works and the Committee on Commerce, Science, and
      Transportation of the Senate, and the Committee on Transportation
      and Infrastructure of the House of Representatives a report on
      the results of the study under this subsection.
        "(5) Rulemaking. - If the Secretary of Transportation
      determines, based on the results of the study under this
      subsection, that there are significant risks to public health or
      the environment resulting from the actual or threatened discharge
      of group-5 fuel oil from a vessel or facility that cannot be
      technologically or economically addressed by existing or
      anticipated cleanup efforts, the Secretary may initiate a
      rulemaking to take such action as is necessary to abate the
      threat.
      "(b) Study of Automatic Fueling Shutoff Equipment. - 
        "(1) Coordination of study. - The Secretary of Transportation
      shall coordinate with the Marine Board of the National Research
      Council to conduct a study of the unintentional or accidental
      discharge of fuel oil during lightering or fuel loading or off-
      loading activity.
        "(2) Matters to be included. - The study under this subsection
      shall include a review and analysis of current monitoring and
      fueling practices to determine the need for automatic fuel
      shutoff equipment to prevent the accidental discharge of fuel
      oil, and whether such equipment is needed as a supplement to or
      replacement of existing preventive equipment or procedures.
        "(3) Report. - Not later than 18 months after the date of
      enactment of this Act [Oct. 19, 1996], the Secretary of
      Transportation shall submit to the Committee on Environment and
      Public Works and the Committee on Commerce, Science, and
      Transportation of the Senate and the Committee on Transportation
      and Infrastructure of the House of Representatives a report on
      the results of the study under this subsection.
        "(4) Rulemaking. - If the Secretary of Transportation
      determines, based on the results of the study conducted under
      this subsection, that the use of automatic oil shutoff equipment
      is necessary to prevent the actual or threatened discharge of oil
      during lightering or fuel loading or off[-]loading activity, the
      Secretary may initiate a rulemaking to take such action as is
      necessary to abate a threat to public health or the environment.
      "(c) Lightering Study. - The Secretary of Transportation shall
    coordinate with the Marine Board of the National Research Council
    on a study into the actual incidence and risk of oil spills from
    lightering operations off the coast of the United States. Among
    other things, the study shall address the manner in which existing
    regulations are serving to reduce oil spill risks. The study shall
    take into account current or proposed international rules and
    standards and also include recommendations on measures that would
    be likely to further reduce the risks of oil spills from lightering
    operations. Not later than 18 months after the date of enactment of
    this Act [Oct. 19, 1996], the Secretary shall submit a report on
    the study to the Committee on Commerce, Science, and Transportation
    of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives."

                       EXISTING TANK VESSEL RESEARCH                   
      Pub. L. 104-324, title XI, Sec. 1134, Oct. 19, 1996, 110 Stat.
    3985, provided that:
      "(a) Funding. - The Secretary of Transportation shall take steps
    to allocate funds appropriated for research, development, testing,
    and evaluation, including the combination of funds from any source
    available and authorized for this purpose, to ensure that any
    Government-sponsored project intended to evaluate double hull
    alternatives that provide equal or greater protection to the marine
    environment, or interim solutions to remediate potential
    environmental damage resulting from oil spills from existing tank
    vessels, commenced prior to the date of enactment of this section
    [Oct. 19, 1996], is fully funded for completion by the end of
    fiscal year 1997. Any vessel construction or repair necessary to
    carry out the purpose of this section must be performed in a
    shipyard located in the United States.
      "(b) Use of Public Vessels. - The Secretary may provide vessels
    owned by, or demise chartered to, and operated by the Government
    and not engaged in commercial service, without reimbursement, for
    use in and the support of projects sponsored by the Government for
    research, development, testing, evaluation, and demonstration of
    new or improved technologies that are effective in preventing or
    mitigating oil discharges and protecting the environment."

     OIL SPILL PREVENTION AND RESPONSE TECHNOLOGY TEST AND EVALUATION
                                  PROGRAM
      Pub. L. 103-206, title III, Sec. 310, Dec. 20, 1993, 107 Stat.
    2425, provided that:
      "(a) Not later than 6 months after the date of enactment of this
    Act [Dec. 20, 1993], the Secretary of Transportation shall
    establish a program to evaluate the technological feasibility and
    environmental benefits of having tank vessels carry oil spill
    prevention and response technology. To implement the program the
    Secretary shall - 
        "(1) publish in the Federal Register an invitation for
      submission of proposals including plans and procedures for
      testing; and
        "(2) review and evaluate technology using, to the maximum
      extent possible, existing evaluation and performance standards.
      "(b) The Secretary shall, to the maximum extent possible,
    incorporate in the program established in subsection (a), the
    results of existing studies and evaluations of oil spill prevention
    and response technology carried on tank vessels.
      "(c) Not later than 2 years after the date of the enactment of
    this Act [Dec. 20, 1993], the Secretary shall evaluate the results
    of the program established in subsection (a) and submit a report to
    Congress with recommendations on the feasibility and environmental
    benefits of, and appropriate equipment and utilization standards
    for, requiring tank vessels to carry oil spill prevention and
    response equipment.
      "(d) Not later than 6 months after the date of the enactment of
    this Act [Dec. 20, 1993], the Secretary shall evaluate and report
    to the Congress on the feasibility of using segregated ballast
    tanks for emergency transfer of cargo and storage of recovered
    oil."

    REGULATIONS REQUIRING PERIODIC GAUGING OF PLATING THICKNESS FOR OIL
                        CARRYING COMMERCIAL VESSELS
      Pub. L. 101-380, title IV, Sec. 4109, Aug. 18, 1990, 104 Stat.
    515, provided that: "Not later than 1 year after the date of the
    enactment of this Act [Aug. 18, 1990], the Secretary shall issue
    regulations for vessels constructed or adapted to carry, or that
    carry, oil in bulk as cargo or cargo residue - 
        "(1) establishing minimum standards for plating thickness; and
        "(2) requiring, consistent with generally recognized principles
      of international law, periodic gauging of the plating thickness
      of all such vessels over 30 years old operating on the navigable
      waters or the waters of the exclusive economic zone."

    REGULATIONS REQUIRING USE OF OVERFILL AND TANK LEVEL OR MONITORING
                DEVICES ON OIL CARRYING COMMERCIAL VESSELS
      Pub. L. 101-380, title IV, Sec. 4110, Aug. 18, 1990, 104 Stat.
    515, as amended by Pub. L. 108-293, title VII, Sec. 702(a), Aug. 9,
    2004, 118 Stat. 1068, provided that:
      "(a) Standards. - The Secretary may establish, by regulation,
    minimum standards for devices for warning persons of overfills and
    tank levels of oil in cargo tanks and devices for monitoring the
    pressure of oil cargo tanks.
      "(b) Use. - No sooner than 1 year after the Secretary prescribes
    regulations under subsection (a), the Secretary may issue
    regulations establishing, consistent with generally recognized
    principles of international law, requirements concerning the use of
    - 
        "(1) overfill devices, and
        "(2) tank level or pressure monitoring devices,
    which are referred to in subsection (a) and which meet any
    standards established by the Secretary under subsection (a), on
    vessels constructed or adapted to carry, or that carry, oil in bulk
    as cargo or cargo residue on the navigable waters and the waters of
    the exclusive economic zone."

                 TANKER NAVIGATION SAFETY STANDARDS STUDY             
      Pub. L. 101-380, title IV, Sec. 4111, Aug. 18, 1990, 104 Stat.
    515, directed Secretary, not later than 2 years after Aug. 18,
    1990, to conduct a study and report to Congress on whether existing
    laws and regulations are adequate to ensure safe navigation of
    vessels transporting oil or hazardous substances in bulk on
    navigable waters and waters of the exclusive economic zone.

        RULES GOVERNING OPERATION OF VESSELS ON AUTO-PILOT OR WITH
                          UNATTENDED ENGINE ROOM
      Pub. L. 101-380, title IV, Sec. 4114(a), Aug. 18, 1990, 104 Stat.
    517, provided that: "In order to protect life, property, and the
    environment, the Secretary shall initiate a rulemaking proceeding
    within 180 days after the date of the enactment of this Act [Aug.
    18, 1990] to define the conditions under, and designate the waters
    upon, which tank vessels subject to section 3703 of title 46,
    United States Code, may operate in the navigable waters with the
    auto-pilot engaged or with an unattended engine room."

    REGULATIONS REQUIRING ESCORTS FOR CERTAIN TANKERS; "TANKER" DEFINED
      Pub. L. 101-380, title IV, Sec. 4116(c), (d), Aug. 18, 1990, 104
    Stat. 523, provided that:
      "(c) Escorts for Certain Tankers. - Not later than 6 months after
    the date of the enactment of this Act [Aug. 18, 1990], the
    Secretary shall initiate issuance of regulations under section
    3703(a)(3) of title 46, United States Code, to define those areas,
    including Prince William Sound, Alaska, and Rosario Strait and
    Puget Sound, Washington (including those portions of the Strait of
    Juan de Fuca east of Port Angeles, Haro Strait, and the Strait of
    Georgia subject to United States jurisdiction), on which single
    hulled tankers over 5,000 gross tons transporting oil in bulk shall
    be escorted by at least two towing vessels (as defined under
    section 2101 of title 46, United States Code) or other vessels
    considered appropriate by the Secretary.
      "(d) Tanker Defined. - In this section [amending section 8502 of
    this title] the term 'tanker' has the same meaning the term has in
    section 2101 of title 46, United States Code."

-End-



-CITE-
    46 USC Sec. 3703a                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3703a. Tank vessel construction standards

-STATUTE-
      (a) Except as otherwise provided in this section, a vessel to
    which this chapter applies shall be equipped with a double hull - 
        (1) if it is constructed or adapted to carry, or carries, oil
      in bulk as cargo or cargo residue; and
        (2) when operating on the waters subject to the jurisdiction of
      the United States, including the Exclusive Economic Zone.

      (b) This section does not apply to - 
        (1) a vessel used only to respond to a discharge of oil or a
      hazardous substance;
        (2) a vessel of less than 5,000 gross tons as measured under
      section 14502 of this title, or an alternate tonnage measured
      under section 14302 of this title as prescribed by the Secretary
      under section 14104 of this title equipped with a double
      containment system determined by the Secretary to be as effective
      as a double hull for the prevention of a discharge of oil;
        (3) before January 1, 2015 - 
          (A) a vessel unloading oil in bulk at a deepwater port
        licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501
        et seq.); or
          (B) a delivering vessel that is offloading in lightering
        activities - 
            (i) within a lightering zone established under section
          3715(b)(5) of this title; and
            (ii) more than 60 miles from the baseline from which the
          territorial sea of the United States is measured;

        (4) a vessel documented under chapter 121 of this title that
      was equipped with a double hull before August 12, 1992;
        (5) a barge of less than 1,500 gross tons (as measured under
      chapter 145 of this title) carrying refined petroleum product in
      bulk as cargo in or adjacent to waters of the Bering Sea, Chukchi
      Sea, and Arctic Ocean and waters tributary thereto and in the
      waters of the Aleutian Islands and the Alaskan Peninsula west of
      155 degrees west longitude; or
        (6) a vessel in the National Defense Reserve Fleet pursuant to
      section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C.
      1744).

      (c)(1) In this subsection, the age of a vessel is determined from
    the later of the date on which the vessel - 
        (A) is delivered after original construction;
        (B) is delivered after completion of a major conversion; or
        (C) had its appraised salvage value determined by the Coast
      Guard and is qualified for documentation as a wrecked vessel
      under section 12112 of this title.

      (2) A vessel of less than 5,000 gross tons as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title for which a building contract or
    contract for major conversion was placed before June 30, 1990, and
    that is delivered under that contract before January 1, 1994, and a
    vessel of less than 5,000 gross tons as measured under section
    14502 of this title, or an alternate tonnage measured under section
    14302 of this title as prescribed by the Secretary under section
    14104 of this title that had its appraised salvage value determined
    by the Coast Guard before June 30, 1990, and that qualifies for
    documentation as a wrecked vessel under section 12112 of this title
    before January 1, 1994, may not operate in the navigable waters or
    the Exclusive Economic Zone of the United States after January 1,
    2015, unless the vessel is equipped with a double hull or with a
    double containment system determined by the Secretary to be as
    effective as a double hull for the prevention of a discharge of
    oil.
      (3) A vessel for which a building contract or contract for major
    conversion was placed before June 30, 1990, and that is delivered
    under that contract before January 1, 1994, and a vessel that had
    its appraised salvage value determined by the Coast Guard before
    June 30, 1990, and that qualifies for documentation as a wrecked
    vessel under section 12112 of this title before January 1, 1994,
    may not operate in the navigable waters or Exclusive Economic Zone
    of the United States unless equipped with a double hull - 
        (A) in the case of a vessel of at least 5,000 gross tons but
      less than 15,000 gross tons as measured under section 14502 of
      this title, or an alternate tonnage measured under section 14302
      of this title as prescribed by the Secretary under section 14104
      of this title - 
          (i) after January 1, 1995, if the vessel is 40 years old or
        older and has a single hull, or is 45 years old or older and
        has a double bottom or double sides;
          (ii) after January 1, 1996, if the vessel is 39 years old or
        older and has a single hull, or is 44 years old or older and
        has a double bottom or double sides;
          (iii) after January 1, 1997, if the vessel is 38 years old or
        older and has a single hull, or is 43 years old or older and
        has a double bottom or double sides;
          (iv) after January 1, 1998, if the vessel is 37 years old or
        older and has a single hull, or is 42 years old or older and
        has a double bottom or double sides;
          (v) after January 1, 1999, if the vessel is 36 years old or
        older and has a single hull, or is 41 years old or older and
        has a double bottom or double sides;
          (vi) after January 1, 2000, if the vessel is 35 years old or
        older and has a single hull, or is 40 years old or older and
        has a double bottom or double sides; and
          (vii) after January 1, 2005, if the vessel is 25 years old or
        older and has a single hull, or is 30 years old or older and
        has a double bottom or double sides;

        (B) in the case of a vessel of at least 15,000 gross tons but
      less than 30,000 gross tons as measured under section 14502 of
      this title, or an alternate tonnage measured under section 14302
      of this title as prescribed by the Secretary under section 14104
      of this title - 
          (i) after January 1, 1995, if the vessel is 40 years old or
        older and has a single hull, or is 45 years old or older and
        has a double bottom or double sides;
          (ii) after January 1, 1996, if the vessel is 38 years old or
        older and has a single hull, or is 43 years old or older and
        has a double bottom or double sides;
          (iii) after January 1, 1997, if the vessel is 36 years old or
        older and has a single hull, or is 41 years old or older and
        has a double bottom or double sides;
          (iv) after January 1, 1998, if the vessel is 34 years old or
        older and has a single hull, or is 39 years old or older and
        has a double bottom or double sides;
          (v) after January 1, 1999, if the vessel is 32 years old or
        older and has a single hull, or 37 years old or older and has a
        double bottom or double sides;
          (vi) after January 1, 2000, if the vessel is 30 years old or
        older and has a single hull, or is 35 years old or older and
        has a double bottom or double sides;
          (vii) after January 1, 2001, if the vessel is 29 years old or
        older and has a single hull, or is 34 years old or older and
        has a double bottom or double sides;
          (viii) after January 1, 2002, if the vessel is 28 years old
        or older and has a single hull, or is 33 years old or older and
        has a double bottom or double sides;
          (ix) after January 1, 2003, if the vessel is 27 years old or
        older and has a single hull, or is 32 years old or older and
        has a double bottom or double sides;
          (x) after January 1, 2004, if the vessel is 26 years old or
        older and has a single hull, or is 31 years old or older and
        has a double bottom or double sides; and
          (xi) after January 1, 2005, if the vessel is 25 years old or
        older and has a single hull, or is 30 years old or older and
        has a double bottom or double sides; and

        (C) in the case of a vessel of at least 30,000 gross tons as
      measured under section 14502 of this title, or an alternate
      tonnage measured under section 14302 of this title as prescribed
      by the Secretary under section 14104 of this title - 
          (i) after January 1, 1995, if the vessel is 28 years old or
        older and has a single hull, or 33 years old or older and has a
        double bottom or double sides;
          (ii) after January 1, 1996, if the vessel is 27 years old or
        older and has a single hull, or is 32 years old or older and
        has a double bottom or double sides;
          (iii) after January 1, 1997, if the vessel is 26 years old or
        older and has a single hull, or is 31 years old or older and
        has a double bottom or double sides;
          (iv) after January 1, 1998, if the vessel is 25 years old or
        older and has a single hull, or is 30 years old or older and
        has a double bottom or double sides;
          (v) after January 1, 1999, if the vessel is 24 years old or
        older and has a single hull, or 29 years old or older and has a
        double bottom or double sides; and
          (vi) after January 1, 2000, if the vessel is 23 years old or
        older and has a single hull, or is 28 years old or older and
        has a double bottom or double sides.

      (4) Except as provided in subsection (b) of this section - 
        (A) a vessel that has a single hull may not operate after
      January 1, 2010; and
        (B) a vessel that has a double bottom or double sides may not
      operate after January 1, 2015.

      (d) The operation of barges described in subsection (b)(5)
    outside waters described in that subsection shall be on any
    conditions as the Secretary may require.
      (e)(1) For the purposes of this section and except as otherwise
    provided in paragraphs (2) and (3) of this subsection, the gross
    tonnage of a vessel shall be the gross tonnage that would have been
    recognized by the Secretary on July 1, 1997, as the tonnage
    measured under section 14502 of this title, or as an alternate
    tonnage measured under section 14302 of this title as prescribed by
    the Secretary under section 14104 of this title.
      (2)(A) The Secretary may waive the application of paragraph (1)
    to a tank vessel if - 
        (i) the owner of the tank vessel applies to the Secretary for
      the waiver before January 1, 1998;
        (ii) the Secretary determines that - 
          (I) the owner of the tank vessel has entered into a binding
        agreement to alter the tank vessel in a shipyard in the United
        States to reduce the gross tonnage of the tank vessel by
        converting a portion of the cargo tanks of the tank vessel into
        protectively located segregated ballast tanks; and
          (II) that conversion will result in a significant reduction
        in the risk of a discharge of oil;

        (iii) at least 60 days before the date of the issuance of the
      waiver, the Secretary - 
          (I) publishes notice that the Secretary has received the
        application and made the determinations required by clause
        (ii), including a description of the agreement entered into
        pursuant to clause (ii)(I); and
          (II) provides an opportunity for submission of comments
        regarding the application; and

        (iv) the alterations referred to in clause (ii)(I) are
      completed before the later of - 
          (I) the date by which the first special survey of the tank
        vessel is required to be completed after the date of the
        enactment of the National Defense Authorization Act for Fiscal
        Year 1998; or
          (II) July 1, 1999.

      (B) A waiver under subparagraph (A) shall not be effective after
    the expiration of the 3-year period beginning on the first date on
    which the tank vessel would have been prohibited by subsection (c)
    from operating if the alterations referred to in subparagraph
    (A)(ii)(I) were not made.
      (3) This subsection does not apply to a tank vessel that, before
    July 1, 1997, had undergone, or was the subject of a contract for,
    alterations that reduce the gross tonnage of the tank vessel, as
    shown by reliable evidence acceptable to the Secretary.

-SOURCE-
    (Added Pub. L. 101-380, title IV, Sec. 4115(a), Aug. 18, 1990, 104
    Stat. 517; amended Pub. L. 104-324, title VII, Sec. 715, title XI,
    Sec. 1103, Oct. 19, 1996, 110 Stat. 3937, 3966; Pub. L. 105-85,
    div. C, title XXXVI, Sec. 3606, Nov. 18, 1997, 111 Stat. 2077; Pub.
    L. 109-304, Sec. 15(15), Oct. 6, 2006, 120 Stat. 1703.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Deepwater Port Act of 1974, referred to in subsec. (b)(3)(A),
    is Pub. L. 93-627, Jan. 3, 1975, 88 Stat. 2126, as amended, which
    is classified generally to chapter 29 (Sec. 1501 et seq.) of Title
    33, Navigation and Navigable Waters. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1501 of Title 33 and Tables.
      The date of the enactment of the National Defense Authorization
    Act for Fiscal Year 1998, referred to in subsec. (e)(2)(A)(iv)(I),
    is the date of enactment of Pub. L. 105-85, which was approved Nov.
    18, 1997.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(1)(C), (2), (3). Pub. L. 109-304 substituted
    "documentation as a wrecked vessel under section 12112 of this
    title" for "documentation under section 4136 of the Revised
    Statutes of the United States (46 App. U.S.C. 14)".
      1997 - Subsec. (e). Pub. L. 105-85 added subsec. (e).
      1996 - Subsec. (b)(2). Pub. L. 104-324, Sec. 715(1), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "5,000 gross
    tons".
      Subsec. (b)(4) to (6). Pub. L. 104-324, Sec. 1103(1), added pars.
    (4) to (6).
      Subsec. (c)(2). Pub. L. 104-324, Sec. 715(2), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "5,000 gross
    tons" in two places.
      Subsec. (c)(3)(A). Pub. L. 104-324, Sec. 715(3), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "15,000 gross
    tons".
      Subsec. (c)(3)(B). Pub. L. 104-324, Sec. 715(4), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "30,000 gross
    tons".
      Subsec. (c)(3)(C). Pub. L. 104-324, Sec. 715(5), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "30,000 gross
    tons".
      Subsec. (d). Pub. L. 104-324, Sec. 1103(2), added subsec. (d).

                              EFFECTIVE DATE                          
      Section applicable to incidents occurring after Aug. 18, 1990,
    see section 1020 of Pub. L. 101-380, set out as a note under
    section 2701 of Title 33, Navigation and Navigable Waters.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC2-
    TANK VESSELS OVER 5,000 GROSS TONS TO COMPLY UNTIL JANUARY 1, 2015,
        WITH ENVIRONMENTALLY PROTECTIVE STRUCTURAL AND OPERATIONAL
                               REQUIREMENTS
      Pub. L. 101-380, title IV, Sec. 4115(b), Aug. 18, 1990, 104 Stat.
    520, provided that: "The Secretary shall, within 12 months after
    the date of the enactment of this Act [Aug. 18, 1990], complete a
    rulemaking proceeding and issue a final rule to require that tank
    vessels over 5,000 gross tons affected by section 3703a of title
    46, United States Code, as added by this section, comply until
    January 1, 2015, with structural and operational requirements that
    the Secretary determines will provide as substantial protection to
    the environment as is economically and technologically feasible."

    STUDY ON OTHER STRUCTURAL AND OPERATIONAL TANK VESSEL REQUIREMENTS
      Pub. L. 101-380, title IV, Sec. 4115(e), Aug. 18, 1990, 104 Stat.
    520, as amended by Pub. L. 105-383, title IV, Sec. 423, Nov. 13,
    1998, 112 Stat. 3440; Pub. L. 108-293, title VII, Sec. 705, Aug. 9,
    2004, 118 Stat. 1075; Pub. L. 109-241, title IX, Sec. 901(n), July
    11, 2006, 120 Stat. 565, provided that:
      "(1) Other requirements. - Not later than 6 months after the date
    of enactment of this Act [Aug. 18, 1990], the Secretary shall
    determine, based on recommendations from the National Academy of
    Sciences or other qualified organizations, whether other structural
    and operational tank vessel requirements will provide protection to
    the marine environment equal to or greater than that provided by
    double hulls, and shall report to the Congress that determination
    and recommendations for legislative action.
      "(2) Review and assessment. - The Secretary shall - 
        "(A) periodically review recommendations from the National
      Academy of Sciences and other qualified organizations on methods
      for further increasing the environmental and operational safety
      of tank vessels;
        "(B) not later than 5 years after the date of enactment of this
      Act [Aug. 18, 1990], assess the impact of this section on the
      safety of the marine environment and the economic viability and
      operational makeup of the maritime oil transportation industry;
      and
        "(C) report the results of the review and assessment to the
      Congress with recommendations for legislative or other action.
      "(3) No later than one year after the date of enactment of the
    Coast Guard and Maritime Transportation Act of 2004 [Aug. 9, 2004],
    the Secretary shall, taking into account the recommendations
    contained in the report by the Marine Board of the National
    Research Council entitled 'Environmental Performance of Tanker
    Design in Collision and Grounding' and dated 2001, establish and
    publish an environmental equivalency evaluation index (including
    the methodology to develop that index) to assess overall outflow
    performance due to collisions and groundings for double hull tank
    vessels and alternative designs."


-EXEC-
                     TERRITORIAL SEA OF UNITED STATES                 
      For extension of territorial sea of United States, see Proc. No.
    5928, set out as a note under section 1331 of Title 43, Public
    Lands.

-End-



-CITE-
    46 USC Sec. 3704                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3704. Coastwise trade vessels

-STATUTE-
      A segregated ballast tank, a crude oil washing system, or an
    inert gas system, required by this chapter or a regulation
    prescribed under this chapter, on a vessel entitled to engage in
    the coastwise trade under chapter 551 of this title shall be
    installed in the United States (except the trust territories). A
    vessel failing to comply with this section may not engage in the
    coastwise trade.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 522; Pub. L. 109-304, Sec.
    15(16), Oct. 6, 2006, 120 Stat. 1703.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3704                                  46:391a(7)                    
    --------------------------------------------------------------------

      Section 3704 requires any tank vessel that is entitled to engage
    in the coastwise trade to install certain equipment in the United
    States under the penalty of losing coastwise trading privileges if
    the installation work is done in a foreign country.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304 substituted "chapter 551 of this title"
    for "section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C.
    883),".

-End-



-CITE-
    46 USC Sec. 3705                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3705. Crude oil tanker minimum standards

-STATUTE-
      (a) A new crude oil tanker of at least 20,000 deadweight tons
    shall be equipped with - 
        (1) protectively located segregated ballast tanks;
        (2) a crude oil washing system; and
        (3) a cargo tank protection system consisting of a fixed deck
      froth system and a fixed inert gas system.

      (b)(1) An existing crude oil tanker of at least 40,000 deadweight
    tons shall be equipped with - 
        (A) segregated ballast tanks; or
        (B) a crude oil washing system.

      (2) Compliance with paragraph (1) of this subsection may be
    delayed until June 1, 1985, for any tanker of less than 70,000
    deadweight tons that has dedicated clean ballast tanks.
      (c) An existing crude oil tanker of at least 20,000 deadweight
    tons but less than 40,000 deadweight tons, and at least 15 years of
    age, shall be equipped with segregated ballast tanks or a crude oil
    washing system before January 2, 1986, or the date on which the
    tanker reaches 15 years of age, whichever is later.
      (d) An existing crude oil tanker of at least 20,000 deadweight
    tons shall be equipped with an inert gas system. However, for a
    crude oil tanker of less than 40,000 deadweight tons not fitted
    with high capacity tank washing machines, the Secretary may grant
    an exemption if the vessel's owner can show clearly that compliance
    would be unreasonable and impracticable due to the vessel's design
    characteristics.
      (e) A crude oil tanker engaged in transferring oil from an
    offshore oil exploitation or production facility on the Outer
    Continental Shelf of the United States shall be equipped with
    segregated ballast tanks, or may operate with dedicated clean
    ballast tanks or special ballast arrangements. However, the tanker
    shall comply with other applicable minimum standards of this
    section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 523.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3705(a)                               46:391a(7)(A)                 
    3705(b)                               46:391a(7)(D)                 
    3705(c)                               46:391a(7)(E)                 
    3705(d)                               46:391a(7)(F)                 
    3705(e)                               46:391a(7)(M)                 
    --------------------------------------------------------------------

      Section 3705 requires compliance with certain minimum standards
    by a crude oil tanker, which is self-propelled. In general, the
    minimum required standards are consistent with those international
    standards that have been adopted as Protocols to the 1974 Safety of
    Life at Sea Convention and the 1973 Marine Pollution Convention.
      Section 3705(a) requires new crude oil tankers of 20,000
    deadweight tons or above to have protectively located segregated
    ballast tanks, a crude oil washing system, and a specified cargo
    tank protection system.
      Section 3705(b) requires existing crude oil tankers of 40,000
    deadweight tons or above to have segregated ballast tanks or a
    crude oil washing system. Compliance may be delayed until June 1,
    1985 for smaller tankers that have dedicated clean ballast tanks.
      Section 3705(c) requires existing crude oil tankers of 20,000
    deadweight tons or above, but less than 40,000 deadweight tons,
    that are 15 years or older, to have segregated ballast tanks or a
    crude oil washing system by January 1, 1985 or if less than 15
    years old, by the date on which it reaches 15 years of age.
      Section 3705(d) requires existing crude oil tankers of 20,000
    deadweight tons or above, to install an inert gas system. An
    exemption for crude oil tankers of less than 40,000 deadweight tons
    not fitted with high-capacity tank washing machines may be granted
    by the Secretary, only if it is demonstrated that compliance would
    be unreasonable and impracticable due to the vessel's design
    characteristics.
      Section 3705(e) requires existing crude oil tankers of 20,000
    deadweight tons or above, engaged in the transfer of oil from Outer
    Continental Shelf oil exploitation or production facilities, to
    have segregated ballast tanks or be operated with dedicated clean
    ballast tanks or special ballast arrangements.

-End-



-CITE-
    46 USC Sec. 3706                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3706. Product carrier minimum standards

-STATUTE-
      (a) A new product carrier of at least 30,000 deadweight tons
    shall be equipped with protectively located segregated ballast
    tanks.
      (b) A new product carrier of at least 20,000 deadweight tons
    shall be equipped with a cargo tank protection system consisting of
    a fixed deck froth system and a fixed inert gas system or, if the
    product carrier carries dedicated products incompatible with the
    cargo tank protection system, an alternate protection system
    authorized by the Secretary.
      (c) An existing product carrier of at least 40,000 deadweight
    tons shall be equipped with segregated ballast tanks or may operate
    with dedicated clean ballast tanks.
      (d) An existing product carrier of at least 20,000 deadweight
    tons but less than 40,000 deadweight tons, and at least 15 years of
    age, shall be equipped with segregated ballast tanks or may operate
    with dedicated clean ballast tanks before January 2, 1986, or the
    date on which it reaches 15 years of age, whichever is later.
      (e) An existing product carrier of at least 40,000 deadweight
    tons, or an existing product carrier of at least 20,000 deadweight
    tons but less than 40,000 deadweight tons that is fitted with high-
    capacity tank washing machines, shall be equipped with an inert
    gas system.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 523.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3706(a)                               46:391a(7)(B)                 
    3706(b)                               46:391a(7)(C)                 
    3706(c)                               46:391a(7)(G)                 
    3706(d)                               46:391a(7)(H)                 
    3706(e)                               46:391a(7)(I)                 
    --------------------------------------------------------------------

      Section 3706 requires compliance with certain minimum standards
    by a product carrier, which is a self-propelled tank vessel.
      Section 3706(a) requires new product carriers of 30,000
    deadweight tons or above, to have protectively located segregated
    ballast tanks.
      Section 3706(b) requires new product carriers of 20,000
    deadweight tons or above, to have a cargo tank protection system
    consisting of a fixed deck froth system or a fixed inert gas
    system. If the products carried are incompatible with the cargo
    tank protection system, then an alternative protection system may
    be authorized.
      Section 3706(c) requires existing product carriers of 40,000
    deadweight tons or above, to have segregated ballast tanks or to
    operate with dedicated clean ballast tanks.
      Section 3706(d) requires existing product carriers of 20,000
    deadweight tons or above, but less than 40,000 deadweight tons,
    that are 15 years or older, to have segregated ballast tanks by
    January 1, 1985, or on the date on which it reaches 15 years of age
    or, in the alternative, that the vessel operate with dedicated
    clean ballast tanks.
      Section 3706(e) requires existing product carriers of 40,000
    deadweight tons or above, or to existing product carriers, fitted
    with high-capacity tank washing machines, of 20,000 deadweight tons
    but less than 40,000 deadweight tons, to install an inert gas
    system.

-End-



-CITE-
    46 USC Sec. 3707                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3707. Tanker minimum standards

-STATUTE-
      (a) A new tanker of at least 10,000 gross tons as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title shall be equipped with - 
        (1) 2 remote steering gear control systems operable separately
      from the navigating bridge;
        (2) the main steering gear control in the steering gear
      compartment;
        (3) means of communications and rudder angle indicators on the
      navigating bridge, a remote steering gear control station, and
      the steering gear compartment;
        (4) at least 2 identical and adequate power units for the main
      steering gear;
        (5) an alternative and adequate power supply, either from an
      emergency source of electrical power or from another independent
      source of power located in the steering gear compartment; and
        (6) means of automatic starting and stopping of power units
      with attendant alarms at all steering stations.

      (b) An existing tanker of at least 10,000 gross tons as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title shall be equipped with - 
        (1) 2 remote steering gear control systems operable separately
      from the navigating bridge;
        (2) the main steering gear control in the steering gear
      compartment; and
        (3) means of communications and rudder angle indicators on the
      navigating bridge, a remote steering gear control station, and
      the steering gear compartment.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524; Pub. L. 104-324, title
    VII, Sec. 716, Oct. 19, 1996, 110 Stat. 3937.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3707(a)                               46:391a(7)(K)                 
    3707(b)                               46:391a(7)(L)                 
    --------------------------------------------------------------------

      Section 3707 requires compliance with certain minimum standards
    by a tanker, which is a self-propelled tank vessel.
      Section 3707(a) requires new tankers of 10,000 gross tons or
    above, to have two remote steering gear control systems, a main
    steering gear control in the steering gear compartment, a means of
    communications and rudder angle indicators at specified locations,
    two or more specified power units for the main steering gear, an
    alternative and adequate power supply of specified characteristics,
    and a means of automatic operation of power units, with attendant
    alarms at all steering stations.
      Section 3707(b) requires existing tankers of 10,000 gross tons or
    above, to have two remote steering gear control systems, a main
    steering gear control in the steering gear compartment, and a means
    of communication and rudder angle indicators at specified
    locations.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-324, Sec. 716(1), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "10,000 gross
    tons" in introductory provisions.
      Subsec. (b). Pub. L. 104-324, Sec. 716(2), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "10,000 gross tons".

-End-



-CITE-
    46 USC Sec. 3708                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3708. Self-propelled tank vessel minimum standards

-STATUTE-
      A self-propelled tank vessel of at least 10,000 gross tons as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title shall be equipped with -
     
        (1) a dual radar system with short-range and long-range
      capabilities, each with true-north features;
        (2) an electronic relative motion analyzer that is at least
      functionally equivalent to equipment complying with
      specifications established by the Secretary of Transportation;
        (3) an electronic position-fixing device;
        (4) adequate communications equipment;
        (5) a sonic depth finder;
        (6) a gyrocompass; and
        (7) up-to-date charts.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524; Pub. L. 104-324, title
    VII, Sec. 717, Oct. 19, 1996, 110 Stat. 3937.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3708                                  46:391a(7)(J)                 
    --------------------------------------------------------------------

      Section 3708 requires compliance with certain minimum standards
    by a self-propelled tank vessel. These requirements apply to any
    tank vessel of 10,000 gross tons or above with no distinction being
    made as to whether or not the vessel is "primarily" constructed or
    adapted to carry oil or hazardous material in bulk in the cargo
    spaces. These vessels are required to be equipped with a dual radar
    system, a computerized relative motion analyzer, an electronic
    position fixing device, adequate communications equipment, a sonic
    depth finder, a gyrocompass, and up-to-date charts.

                                AMENDMENTS                            
      1996 - Pub. L. 104-324 inserted "as measured under section 14502
    of this title, or an alternate tonnage measured under section 14302
    of this title as prescribed by the Secretary under section 14104 of
    this title" after "10,000 gross tons".

-End-



-CITE-
    46 USC Sec. 3709                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3709. Exemptions

-STATUTE-
      The Secretary may exempt a vessel from the minimum requirements
    established by sections 3704-3706 of this title for segregated
    ballast, crude oil washing, and dedicated clean ballast if the
    Secretary decides that shore-based reception facilities are a
    preferred method of handling ballast and that adequate facilities
    are readily available.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3709                                  46:391a(7)(N)                 
    --------------------------------------------------------------------

      Section 3709 provides the Secretary with the authority to exempt
    certain minimum tanker requirements of sections 3704, 3705, and
    3706 when shorebased reception facilities are a better way of
    handling ballast and when the facilities are adequate and readily
    available.

-End-



-CITE-
    46 USC Sec. 3710                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3710. Evidence of compliance by vessels of the United States

-STATUTE-
      (a) A vessel of the United States to which this chapter applies
    that has on board oil or hazardous material in bulk as cargo or
    cargo residue must have a certificate of inspection issued under
    this part, endorsed to indicate that the vessel complies with
    regulations prescribed under this chapter.
      (b) Each certificate endorsed under this section is valid for not
    more than 5 years and may be renewed as specified by the Secretary.
    In appropriate circumstances, the Secretary may issue a temporary
    certificate valid for not more than 30 days. A certificate shall be
    suspended or revoked if the Secretary finds that the vessel does
    not comply with the conditions under which the certificate was
    issued.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524; Pub. L. 104-324, title
    VI, Sec. 605(b), Oct. 19, 1996, 110 Stat. 3931.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3710                                  46:391a(8)(A)                 
                                          46:391a(8)(E)                 
    --------------------------------------------------------------------

      Section 3710 prohibits any vessels of the United States subject
    to this chapter from having on board oil or hazardous material in
    bulk as cargo or in residue, unless it has a required Certificate
    of Inspection endorsed to indicate vessel compliance with
    applicable regulations. Certificates shall be valid for a period
    not to exceed two years and may be renewed as specified by the
    Secretary. The Secretary may issue temporary certificates of not
    more than thirty days duration and may revoke or suspend any
    certificate under designated circumstances.

                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-324 substituted "5 years" for "24
    months".

-End-



-CITE-
    46 USC Sec. 3711                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3711. Evidence of compliance by foreign vessels

-STATUTE-
      (a) A foreign vessel to which this chapter applies may operate on
    the navigable waters of the United States, or transfer oil or
    hazardous material in a port or place under the jurisdiction of the
    United States, only if the vessel has been issued a certificate of
    compliance by the Secretary. The Secretary may issue the
    certificate only after the vessel has been examined and found to be
    in compliance with this chapter and regulations prescribed under
    this chapter. The Secretary may accept any part of a certificate,
    endorsement, or document, issued by the government of a foreign
    country under a treaty, convention, or other international
    agreement to which the United States is a party, as a basis for
    issuing a certificate of compliance.
      (b) A certificate issued under this section is valid for not more
    than 24 months and may be renewed as specified by the Secretary. In
    appropriate circumstances, the Secretary may issue a temporary
    certificate valid for not more than 30 days.
      (c) A certificate shall be suspended or revoked if the Secretary
    finds that the vessel does not comply with the conditions under
    which the certificate was issued.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 525.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3711                                  46:391a(8)(B)                 
                                          46:391a(8)(C)                 
                                          46:391a(8)(E)                 
    --------------------------------------------------------------------

      Section 3711 prohibits any foreign vessel from operating on the
    navigable waters of the United States or from transferring oil or
    hazardous material in any port or place under the jurisdiction of
    the United States, unless it has a certificate of compliance issued
    by the Secretary indicating that the vessel has been examined and
    found to be in compliance with the provisions of the applicable
    regulations. It also authorizes the Secretary to accept, in whole
    or in part, an appropriate foreign certificate issued pursuant to
    any international agreement to which the United States is a party,
    as a basis for issuing the certificate of compliance. This means
    that the Secretary does not have to accept foreign certificates as
    evidence of compliance, but may take additional action to assure
    compliance with applicable domestic laws and regulations and
    international treaty provisions.

-End-



-CITE-
    46 USC Sec. 3712                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3712. Notification of noncompliance

-STATUTE-
      The Secretary shall notify the owner, charterer, managing
    operator, agent, master, or individual in charge of a vessel found
    not to be in compliance with a regulation prescribed under this
    part and state how compliance may be achieved.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 525.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3712                                  46:391a(8)(A)                 
                                          46:391a(8)(B)                 
    --------------------------------------------------------------------

      Section 3712 requires the Secretary to notify appropriate parties
    when a vessel is found not to be in compliance with applicable
    requirements, standards, or regulations and what remedial steps
    must be taken in order to comply with them.

-End-



-CITE-
    46 USC Sec. 3713                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3713. Prohibited acts

-STATUTE-
      (a) A person may not - 
        (1) violate this chapter or a regulation prescribed under this
      chapter;
        (2) refuse to permit any official, authorized by the Secretary
      to enforce this chapter, to board a vessel or to enter a shore
      area, place, or premises, under a person's control to make an
      inspection under this chapter; or
        (3) refuse to obey a lawful directive issued under this
      chapter.

      (b) A vessel to which this chapter applies may not - 
        (1) operate on the navigable waters of the United States or use
      a port or place subject to the jurisdiction of the United States
      when not in compliance with this chapter or a regulation
      prescribed under this chapter;
        (2) fail to comply with a lawful directive issued under this
      chapter; or
        (3) carry a type or grade of oil or hazardous material in bulk
      as cargo or cargo residue unless its certificate is endorsed to
      allow that carriage.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 525.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3713                                  46:391a(13)                   
    --------------------------------------------------------------------

      Section 3713(a) prohibits any person from violating any provision
    of this chapter or a regulation prescribed under its authority. It
    prohibits the refusal to permit authorized officials to board a
    vessel or to enter a shore area for the purposes of inspection of
    the vessel or premises. It also prohibits the refusal to obey any
    lawful directive issued under this chapter.
      Section 3713(b) prohibits any vessel, subject to the provisions
    of this chapter from operating on the navigable waters of the
    United States, or from using any port or place subject to the
    jurisdiction of the United States while not in compliance with any
    provision of applicable law or regulation. It further prohibits any
    vessel from failing to comply with a lawful directive issued
    pursuant to the authority of this chapter. It also prohibits the
    vessel from carrying oil or hazardous material as cargo or cargo
    residue unless its certificate is so endorsed to permit its
    carriage.

-End-



-CITE-
    46 USC Sec. 3714                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3714. Inspection and examination

-STATUTE-
      (a)(1) The Secretary shall have each vessel to which this chapter
    applies inspected or examined at least once each year.
      (2) Each of those vessels that is more than 10 years of age shall
    undergo a special and detailed inspection of structural strength
    and hull integrity as specified by the Secretary.
      (3) The Secretary may make contracts for conducting inspections
    or examinations in the United States and in foreign countries. An
    inspector conducting an inspection or examination under contract
    may not issue a certificate of inspection or a certificate of
    compliance, but the inspector may issue a temporary certificate.
      (4) The Secretary shall prescribe by regulation reasonable fees
    for an inspection or examination conducted under this section
    outside the United States, or which, when involving a foreign
    vessel, is conducted under a contract authorized by paragraph (3)
    of this subsection. The owner, charterer, or managing operator of a
    vessel inspected or examined by the Secretary is liable for the
    fees. Amounts received as fees shall be deposited in the Treasury.
      (5) The Secretary may allow provisional entry of a vessel to
    conduct an inspection or examination under this chapter.
      (b) Each vessel to which this chapter applies shall have on board
    those documents the Secretary considers necessary for inspection
    and enforcement, including documents listing - 
        (1) the type, grade, and approximate quantities of cargo on
      board;
        (2) the shipper and consignee of the cargo;
        (3) the places of origin and destination of the vessel; and
        (4) the name of an agent in the United States authorized to
      accept service of legal process.

      (c) Each vessel to which this chapter applies that operates in
    the United States shall have a person designated as authorized to
    accept service of legal process for the vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 526; Pub. L. 99-307, Sec.
    1(8), May 19, 1986, 100 Stat. 445.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3714                                  46:391a(15)                   
    --------------------------------------------------------------------

      Section 3714(a) requires the Secretary to establish a program for
    the inspection of tank vessels, foreign or domestic, at least once
    each year. The Committee contemplates that United States vessels
    will be issued a 2 year certificate of inspection with a mid-period
    examination. The Committee also contemplates that foreign-flag
    vessels will continue to be tracked and boarded at least once a
    year or when they first arrive in the United States. The Secretary
    may examine the foreign-flag tank vessel but may accept, as a basis
    for the issuance of a certificate of compliance, in whole or in
    part a foreign-issued certificate.
      Each vessel over 10 years of age must undergo a special and
    detailed inspection of structural strength and hull integrity, as
    specified by the Secretary. An inspection or examination may be
    conducted by any officer authorized by the Secretary. The Committee
    expects that, whenever possible, a qualified marine inspector will
    be used wherever the vessel undergoes these 10-year inspections.
    The Secretary may also contract for inspections or examinations in
    the United States and in foreign countries.
      The primary reason for including a provision that permits the
    contracting for the conduct of inspections and examinations is to
    provide flexibility in foreign areas where Coast Guard marine
    inspectors are not normally available.
      A contract inspector may be authorized to act on behalf of the
    Secretary, but may not issue a certificate of inspection or
    compliance. The inspector may, however, issue a temporary
    certificate.
      The Committee understands that the 10-year inspections of United
    States-flag and foreign-flag vessels may occur at the time the
    vessel is scheduled for shipyard availability to complete the
    periodic classification society survey.
      The Secretary is also authorized and directed to prescribe by
    regulation reasonable fees for certain inspections or examinations
    conducted pursuant to this section based on the cost incurred. The
    owner of any vessel inspected or examined by the Secretary or his
    designee shall be liable for the fee. Amounts received as fees
    under this section are to be deposited in the Treasury.
      Section 3714(b) requires each vessel subject to this chapter to
    have on board those documents the Secretary declares are necessary
    for inspection or enforcement, including, but not limited to
    documents indicating the kind, grade, and approximate quantities of
    any cargo on board; the shipper and consignee of the cargo; the
    points of origin and destination of the vessel; and the name of an
    agent in the United States authorized to accept legal process.
      Section 3714(c) requires each vessel subject to this chapter to
    have a person authorized to accept service of legal process for the
    vessel.

                                AMENDMENTS                            
      1986 - Subsec. (a)(4). Pub. L. 99-307 substituted "charterer" for
    "charter".

-End-



-CITE-
    46 USC Sec. 3715                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3715. Lightering

-STATUTE-
      (a) A vessel may transfer oil or hazardous material in a port or
    place subject to the jurisdiction of the United States, when the
    cargo has been transferred from another vessel on the navigable
    waters of the United States or in the marine environment, only if -
    
        (1) the transfer was conducted consistent with regulations
      prescribed by the Secretary;
        (2) both the delivering and receiving vessels had on board, at
      the time of transfer, a certificate of inspection or a
      certificate of compliance, as would have been required under
      section 3710 or 3711 of this title, had the transfer taken place
      in a port or place subject to the jurisdiction of the United
      States; and (!1)

        (3) the delivering and the receiving vessel had on board at the
      time of transfer, a certificate of financial responsibility as
      would have been required under section 1016 of the Oil Pollution
      Act of 1990, had the transfer taken place in a place subject to
      the jurisdiction of the United States;
        (4) the delivering and the receiving vessel had on board at the
      time of transfer, evidence that each vessel is operating in
      compliance with section 311(j) of the Federal Water Pollution
      Control Act (33 U.S.C. 1321(j)); and
        (5) the delivering and the receiving vessel are operating in
      compliance with section 3703a of this title.

      (b) The Secretary shall prescribe regulations to carry out
    subsection (a) of this section. The regulations shall include
    provisions on - 
        (1) minimum safe operating conditions, including sea state,
      wave height, weather, proximity to channels or shipping lanes,
      and other similar factors;
        (2) the prevention of spills;
        (3) equipment for responding to a spill;
        (4) the prevention of any unreasonable interference with
      navigation or other reasonable uses of the high seas, as those
      uses are defined by treaty, convention, or customary
      international law;
        (5) the establishment of lightering zones; and
        (6) requirements for communication and prearrival messages.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 526; Pub. L. 101-380, title
    IV, Sec. 4115(d), Aug. 18, 1990, 104 Stat. 520.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3715                                  46:391a(17)                   
    --------------------------------------------------------------------

      Section 3715 requires the Secretary to control lightering
    operations; that is, the transferring of cargoes at sea from large
    deep-draft vessels to shallow-draft vessels for subsequent transfer
    to shoreside terminals due to the inability of the larger tank
    vessels to enter shallow ports. It prohibits a tank vessel from
    unloading any cargo of oil or hazardous material at any port or
    terminal under the jurisdiction of the United States, unless the
    cargo has been transferred in accordance with lightering
    regulations. It also prohibits the shoreside transfer unless both
    the delivering and receiving vessels involved in the prior
    lightering had on board at the time of the offshore transfer, the
    certificates that would have been required had the transfer taken
    place in a port or place subject to the jurisdiction of the United
    States.
      The regulations to be prescribed by the Secretary shall include a
    number of specific considerations but may include any related
    matters deemed necessary to promote navigation and vessel safety
    and protection of the marine environment. The Secretary must
    consider standards for minimum safe operating conditions, including
    sea state, wave height, weather, vessel traffic, the prevention of
    oil spills, and oil spill response equipment. In regulating this
    operation, there must not be any unreasonable interference with
    international navigation or reasonable uses of the high seas, and
    there must be established lightering zones with attendant
    communications and prearrival message requirements.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1016 of the Oil Pollution Act of 1990, referred to in
    subsec. (a)(3), is classified to section 2716 of Title 33,
    Navigation and Navigable Waters.


-MISC2-
                                AMENDMENTS                            
      1990 - Subsec. (a)(3) to (5). Pub. L. 101-380 added pars. (3) to
    (5).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

                              EFFECTIVE DATE                          
      Pub. L. 98-89, Sec. 2(g)(2), Aug. 26, 1983, 97 Stat. 599,
    provided that: "Section 3715(a) of title 46 (as enacted by section
    1 of this Act) is effective on the day after the effective date of
    the regulations prescribed by the Secretary under section 3715(b)
    of title 46." [Regulations effective Apr. 26, 1984, see 49 F.R.
    11170, Mar. 26, 1984.]

-FOOTNOTE-               

    (!1) So in original. The word "and" probably should not appear.


-End-



-CITE-
    46 USC Sec. 3716                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3716. Tank washings

-STATUTE-
      (a) A vessel may not transfer cargo in a port or place subject to
    the jurisdiction of the United States if, before arriving, the
    vessel has discharged tank washings containing oil or hazardous
    material in preparation for loading at that port or place in
    violation of the laws of the United States or in a manner or
    quantities inconsistent with a treaty to which the United States is
    a party.
      (b) The Secretary shall establish effective control and
    supervisory measures to carry out this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 527.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3716                                  46:391a(18)                   
    --------------------------------------------------------------------

      Section 3716 requires the Secretary to establish effective
    control and supervisory measures to prohibit the discharge of tank
    washings by dumping at sea. The section also prohibits the dumping
    vessel from subsequently loading any cargo at a port or terminal
    subject to the jurisdiction of the United States. This section is
    intended to prohibit the practice of discharging a cargo of oil or
    hazardous substance, then going to sea to clean tanks by pumping
    tank washing mixtures overboard, and then returning to a port or
    terminal subject to the jurisdiction of the United States for the
    purpose of loading a cargo that was incompatible with the prior
    cargo.

-End-



-CITE-
    46 USC Sec. 3717                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3717. Marine safety information system

-STATUTE-
      (a) The Secretary shall establish a marine safety information
    system that shall contain information about each vessel to which
    this chapter applies that operates on the navigable waters of the
    United States, or that transfers oil or hazardous material in a
    port or place under the jurisdiction of the United States. In
    acquiring this information, the Secretary shall make full use of
    publicly available information. The Secretary may by regulation
    require the vessel to provide information that the Secretary
    considers necessary to carry out this subsection, including - 
        (1) the name of each person with an ownership interest in the
      vessel;
        (2) details of compliance with the financial responsibility
      requirements of applicable laws or regulations;
        (3) registration information, including all changes in the name
      of the vessel;
        (4) the history of marine casualties and serious repair
      problems of the vessel; and
        (5) a record of all inspections and examinations of a vessel
      conducted under section 3714 of this title.

      (b) On written request from the Secretary, the head of each
    department, agency, or instrumentality of the United States
    Government shall provide available information that the Secretary
    considers necessary to confirm the information received under
    subsection (a) of this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 527.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3717                                  46:391a(16)                   
    --------------------------------------------------------------------

      Section 3717 requires the Secretary to establish a marine safety
    information system which is to contain selected information on any
    tank vessel, foreign or domestic, that comes within the
    jurisdiction of the United States. This information must be
    recorded and maintained up-to-date and is available from a number
    of sources. In some instances, this information is required as a
    condition of entry. This information shall include certain
    ownership interests, financial responsibility information, all
    registered names that the vessel has had since it was built, the
    present and prior countries of registry, history of accidents or
    serious repair problems, record of the various inspections or
    examinations required, and any other data the Secretary deems
    appropriate to carry out the intent of the section. The section
    also provides for interagency cooperation and the furnishing of
    available data and information.

-End-



-CITE-
    46 USC Sec. 3718                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3718. Penalties

-STATUTE-
      (a)(1) A person violating this chapter or a regulation prescribed
    under this chapter is liable to the United States Government for a
    civil penalty of not more than $25,000. Each day of a continuing
    violation is a separate violation.
      (2) Each vessel to which this chapter applies that is operated in
    violation of this chapter or a regulation prescribed under this
    chapter is liable in rem for a civil penalty under this subsection.
      (b) A person willfully and knowingly violating this chapter or a
    regulation prescribed under this chapter commits a class D felony.
      (c) Instead of the penalties provided by subsection (b) of this
    section, a person willfully and knowingly violating this chapter or
    a regulation prescribed under this chapter, and using a dangerous
    weapon, or engaging in conduct that causes bodily injury or fear of
    imminent bodily injury to an official authorized to enforce this
    chapter or a regulation prescribed under this chapter, commits a
    class C felony.
      (d) The district courts of the United States have jurisdiction to
    restrain a violation of this chapter or a regulation prescribed
    under this chapter.
      (e)(1) If any owner, operator, or individual in charge of a
    vessel is liable for any penalty or fine under this section, or if
    reasonable cause exists to believe that the owner, operator, or
    individual in charge may be subject to any penalty or fine under
    this section, the Secretary of Homeland Security, upon the request
    of the Secretary, shall with respect to such vessel refuse or
    revoke any clearance required by section 60105 of this title.
      (2) Clearance or a permit refused or revoked under this
    subsection may be granted upon filing of a bond or other surety
    satisfactory to the Secretary.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 527; Pub. L. 101-380, title
    IV, Sec. 4302(c), Aug. 18, 1990, 104 Stat. 538; Pub. L. 104-324,
    title III, Sec. 312(d), Oct. 19, 1996, 110 Stat. 3921; Pub. L. 109-
    304, Sec. 15(17), Oct. 6, 2006, 120 Stat. 1703.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    3718                                  46:391a(14)                   
    --------------------------------------------------------------------

      Section 3718 provides the authority to assess civil penalties for
    violation of the chapter or regulations. Each violation subjects
    the violator to a penalty not to exceed $25,000 for each violation
    and, in the case of a continuing violation, each day shall
    constitute a separate violation and the vessel is liable in rem.
    The procedures for assessing penalties are found in section 2107 of
    part A.
      With respect to criminal penalties, a willful or knowing
    violation of the section or a regulation subjects the offender,
    upon conviction, to a criminal fine of not more than $50,000 for
    each violation or imprisonment for not more than 1 year, or both.
    If the willful and knowing violation involves the use of a
    dangerous weapon or constitutes an assault or battery, the offender
    is subjected to a fine of not more than $100,000 or imprisonment of
    not more than 10 years, or both.
      In addition, where the owner or operator of the vessel is subject
    to any of the penalties prescribed, the Secretary of the Treasury
    is directed to withhold required Customs clearance, at the request
    of the Secretary. Clearance may be granted upon the filing of a
    bond or other surety satisfactory to the Secretary.

                                AMENDMENTS                            
      2006 - Subsec. (e)(1). Pub. L. 109-304 substituted "Secretary of
    Homeland Security" and "section 60105 of this title" for "Secretary
    of the Treasury" and "section 4197 of the Revised Statutes of the
    United States (46 App. U.S.C. 91)", respectively.
      1996 - Subsec. (e). Pub. L. 104-324 amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "At the
    request of the Secretary, the Secretary of the Treasury shall
    withhold or revoke the clearance required by section 4197 of the
    Revised Statutes (46 App. U.S.C. 91) of a vessel the owner or
    operator of which is subject to a penalty under this section.
    Clearance may be granted on filing a bond or other surety
    satisfactory to the Secretary."
      1990 - Subsec. (b). Pub. L. 101-380, Sec. 4302(c)(1), substituted
    "commits a class D felony" for "shall be fined not more than
    $50,000, imprisoned for not more than 5 years, or both".
      Subsec. (c). Pub. L. 101-380, Sec. 4302(c)(2), substituted
    "commits a class C felony" for "shall be fined not more than
    $100,000, imprisoned for not more than 10 years, or both".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-



-CITE-
    46 USC Sec. 3719                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-
    Sec. 3719. Reduction of oil spills from single hull non-self-
      propelled tank vessels

-STATUTE-
      The Secretary shall, in consultation with the Towing Safety
    Advisory Committee and taking into consideration the
    characteristics, methods of operation, and the size and nature of
    service of single hull non-self-propelled tank vessels and towing
    vessels, prescribe regulations requiring a single hull non-self-
    propelled tank vessel that operates in the open ocean or coastal
    waters, or the vessel towing it, to have at least one of the
    following:
        (1) A crew member and an operable anchor on board the tank
      vessel that together are capable of arresting the tank vessel
      without additional assistance under reasonably foreseeable sea
      conditions.
        (2) An emergency system on the tank vessel or towing vessel
      that without additional assistance under reasonably foreseeable
      sea conditions will allow the tank vessel to be retrieved by the
      towing vessel if the tow line ruptures.
        (3) Any other measure or combination of measures that the
      Secretary determines will provide protection against grounding of
      the tank vessel comparable to that provided by the measures
      described in paragraph (1) or (2).

-SOURCE-
    (Added Pub. L. 104-324, title IX, Sec. 901(a), Oct. 19, 1996, 110
    Stat. 3946.)


-MISC1-
                                REGULATIONS                            
      Pub. L. 104-324, title IX, Sec. 901(b), Oct. 19, 1996, 110 Stat.
    3946, provided that: "The Secretary of the department in which the
    Coast Guard is operating shall issue regulations required under
    section 3719 of title 46, United States Code, as added by
    subsection (a), by not later than October 1, 1997."

-End-


-CITE-
    46 USC [CHAPTER 39 - REPEALED]                              01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    [CHAPTER 39 - REPEALED]

-HEAD-
                          [CHAPTER 39 - REPEALED]                      

-End-



-CITE-
    46 USC Secs. 3901, 3902                                     01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    [CHAPTER 39 - REPEALED]

-HEAD-
    Secs. 3901, 3902. Repealed.

-MISC1-
    [Secs. 3901, 3902. Repealed. Pub. L. 107-171, title X, Sec.
      10418(a)(20), May 13, 2002, 116 Stat. 508].
      Section 3901, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 528, related
    to regulations for accommodations for export animals.
      Section 3902, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 528, related
    to penalties.

-End-


-CITE-
    46 USC CHAPTER 41 - UNINSPECTED VESSELS GENERALLY           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-
                CHAPTER 41 - UNINSPECTED VESSELS GENERALLY            

-MISC1-
    Sec.                                                     
    4101.       Application.                                          
    4102.       Safety equipment.                                     
    4103.       Exemptions.                                           
    [4104.      Repealed.]                                            
    4105.       Uninspected passenger vessels.                        
    4106.       Penalties.                                            

                       HISTORICAL AND REVISION NOTES                   
      Chapter 41 applies to vessels that are not subject to inspection
    and certification under chapter 33.
      The Federal authority to regulate uninspected vessels originated
    with the Motorboat Act of 1910 (Public Law 61-201, 36 Stat. 462)
    when Congress established standards with respect to navigation
    lights, machinery requirements, life preservers, and for the
    licensing of operators on small vessels carrying passengers. This
    was an extension of Federal regulatory authority over certain non-
    steam-propelled vessels, that is, those recreational vessels and
    commercial vessels that are propelled by machinery other than
    steam.
      Thirty years later, the 1910 Act was amended by the Motorboat Act
    of 1940 (Public Law 76-484, 54 Stat. 163), which added to the
    equipment that was required and provided for other regulatory
    controls. In this manner the Federal Government continued to
    exercise some degree of maritime safety supervision over the
    commercial and recreational vessel sector that was "uninspected".
    This was important because steam towing vessels were converting to
    diesel propulsion and were therefore no longer subject to the
    detailed periodic and extensive hull, machinery, and equipment
    inspections of a Federal agency. In addition, the number of
    recreational vessels primarily propelled by gasoline were
    increasing and were also suffering casualties from explosions and
    fires.

                                AMENDMENTS                            
      1990 - Pub. L. 101-595, title VI, Sec. 603(3)(B), Nov. 16, 1990,
    104 Stat. 2993, struck out item 4104 "Regulations".
      1984 - Pub. L. 98-364, title IV, Sec. 402(7)(B), July 17, 1984,
    98 Stat. 446, inserted "GENERALLY" in chapter heading.

-End-



-CITE-
    46 USC Sec. 4101                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-
    Sec. 4101. Application

-STATUTE-
      This chapter applies to an uninspected vessel not subject to
    chapter 45 of this title - 
        (1) on the navigable waters of the United States; or
        (2) owned in the United States and operating on the high seas.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 528; Pub. L. 100-424, Sec.
    8(b), Sept. 9, 1988, 102 Stat. 1593.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4101                                  46:526u                       
    --------------------------------------------------------------------

      Section 4101 makes this chapter applicable to uninspected
    vessels, as defined in section 2101(43), that operate on the
    navigable waters of the United States or that are owned in the
    United States and while operating on the high seas. Therefore a
    vessel that operates on waters that are considered to be solely
    State waters would not be subject to these Federal requirements.

                                AMENDMENTS                            
      1988 - Pub. L. 100-424 inserted "not subject to chapter 45 of
    this title" after "an uninspected vessel".

                              EFFECTIVE DATE                          
      Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L.
    98-89, set out as a note under section 3101 of this title.

-End-



-CITE-
    46 USC Sec. 4102                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-
    Sec. 4102. Safety equipment

-STATUTE-
      (a) Each uninspected vessel propelled by machinery shall be
    provided with the number, type, and size of fire extinguishers,
    capable of promptly and effectively extinguishing burning liquid
    fuel, that may be prescribed by regulation. The fire extinguishers
    shall be kept in condition for immediate and effective use and so
    placed as to be readily accessible.
      (b) Each uninspected vessel propelled by machinery shall carry at
    least one readily accessible life preserver or other lifesaving
    device, of the type prescribed by regulation, for each individual
    on board.
      (c) Each uninspected vessel shall have the carburetors of each
    engine of the vessel (except an outboard motor) using gasoline as
    fuel, equipped with an efficient flame arrestor, backfire trap, or
    other similar device prescribed by regulation.
      (d) Each uninspected vessel using a volatile liquid as fuel shall
    be provided with the means prescribed by regulation for properly
    and efficiently ventilating the bilges of the engine and fuel tank
    compartments, so as to remove any explosive or flammable gases.
      (e) Each manned uninspected vessel owned in the United States and
    operating beyond 3 nautical miles from the baselines from which the
    territorial sea of the United States is measured or beyond three
    nautical miles from the coastline of the Great Lakes shall be
    equipped with the number and type of alerting and locating
    equipment, including emergency position indicating radio beacons,
    prescribed by the Secretary.
      (f)(1) The Secretary, in consultation with the Towing Safety
    Advisory Committee and taking into consideration the
    characteristics, methods of operation, and nature of service of
    towing vessels, may require the installation, maintenance, and use
    of a fire suppression system or other measures to provide adequate
    assurance that fires on board towing vessels can be suppressed
    under reasonably foreseeable circumstances.
      (2) The Secretary shall require under paragraph (1) the use of a
    fire suppression system or other measures to provide adequate
    assurance that a fire on board a towing vessel that is towing a non-
    self-propelled tank vessel can be suppressed under reasonably
    foreseeable circumstances.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 528; Pub. L. 99-640, Sec.
    16, Nov. 10, 1986, 100 Stat. 3552; Pub. L. 100-424, Sec. 2(c),
    Sept. 9, 1988, 102 Stat. 1590; Pub. L. 100-540, Sec. 1(a), Oct. 28,
    1988, 102 Stat. 2719; Pub. L. 104-324, title IX, Sec. 902(a), Oct.
    19, 1996, 110 Stat. 3947; Pub. L. 105-383, title III, Sec.
    301(b)(3), Nov. 13, 1998, 112 Stat. 3417.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4102(a)                               46:526g                       
    4102(b)                               46:526e                       
    4102(c)                               46:526i                       
    4102(d)                               46:526j                       
    --------------------------------------------------------------------

      Section 4102 requires uninspected vessels to comply with certain
    provisions that incorporate minimum safety equipment and
    construction requirements. The Committee intends that the term life
    preserver include all types of personal equipment, including
    exposure suits with floatation characteristics.

                                AMENDMENTS                            
      1998 - Subsec. (e). Pub. L. 105-383 substituted "owned in the
    United States and operating beyond 3 nautical miles from the
    baselines from which the territorial sea of the United States is
    measured" for "operating on the high seas".
      1996 - Subsec. (f). Pub. L. 104-324 added subsec. (f).
      1988 - Subsec. (e). Pub. L. 100-540 amended subsec. (e) generally
    without regard to the prior repeal of subsec. (e) by Pub. L. 100-
    424.
      Pub. L. 100-424 struck out subsec. (e) which read as follows:
    "Each uninspected fishing, fish processing, or fish tender vessel
    operating on the high seas shall be equipped with the number and
    type of emergency position indicating radio beacons prescribed by
    regulation." See section 4502(a)(7) of this title.
      1986 - Subsec. (e). Pub. L. 99-640 added subsec. (e).

                                REGULATIONS                            
      Pub. L. 104-324, title IX, Sec. 902(b), Oct. 19, 1996, 110 Stat.
    3947, provided that: "The Secretary of the department in which the
    Coast Guard is operating shall issue regulations establishing the
    requirement described in subsection (f)(2) of section 4102 of title
    46, United States Code, as added by this section, by not later than
    October 1, 1997."


-EXEC-
                     TERRITORIAL SEA OF UNITED STATES                 
      For extension of territorial sea of United States, see Proc. No.
    5928, set out as a note under section 1331 of Title 43, Public
    Lands.

-End-



-CITE-
    46 USC Sec. 4103                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-
    Sec. 4103. Exemptions

-STATUTE-
      (a) The Secretary may exempt a vessel from any part of this
    chapter if, under regulations prescribed by the Secretary
    (including regulations on special operating conditions), the
    Secretary finds that - 
        (1) good cause exists for granting an exemption; and
        (2) the safety of the vessel and individuals on board will not
      be adversely affected.

      (b) Section 4102(a) of this title does not apply to a vessel
    propelled by outboard motors when competing in a race previously
    arranged and announced or, if the vessel is designed and intended
    only for racing, when operated incidental to tuning up the vessel
    and its engines for the race.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 100-540, Sec.
    2, Oct. 28, 1988, 102 Stat. 2719.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4103                                  46:525h                       
    --------------------------------------------------------------------

      Section 4103 contains an exemption from carrying fire
    extinguishers, for on a vessel competing in an organized race or a
    vessel designed and intended for racing only.

                                AMENDMENTS                            
      1988 - Pub. L. 100-540 added subsec. (a) and designated existing
    provisions as subsec. (b).

-End-



-CITE-
    46 USC Sec. 4104                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-
    Sec. 4104. Repealed.

-MISC1-
    [Sec. 4104. Repealed. Pub. L. 101-595, title VI, Sec. 603(3)(A),
      Nov. 16, 1990, 104 Stat. 2993].
      Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529, required
    Secretary to prescribe regulations to carry out provisions of this
    chapter.

-End-



-CITE-
    46 USC Sec. 4105                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-
    Sec. 4105. Uninspected passenger vessels

-STATUTE-
      (a) Chapter 43 of this title applies to an uninspected passenger
    vessel.
      (b) Within twenty-four months of the date of enactment of this
    subsection, the Secretary shall, by regulation, require certain
    additional equipment which may include liferafts or other
    lifesaving equipment, construction standards, or specify additional
    operating standards for those uninspected passenger vessels defined
    in section 2101(42)(A) of this title.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 103-206, title
    V, Sec. 511(b), Dec. 20, 1993, 107 Stat. 2442.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4105                                  46:1452                       
                                          46:1453                       
    --------------------------------------------------------------------

      Section 4105 provides that an uninspected passenger vessel is
    subject to Chapter 43, as a recreational vessel even when it is
    carrying not more than six passengers.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this subsection, referred to in subsec.
    (b), is the date of enactment of Pub. L. 103-206, which was
    approved Dec. 20, 1993.


-MISC2-
                                AMENDMENTS                            
      1993 - Pub. L. 103-206 designated existing provisions as subsec.
    (a) and added subsec. (b).

-End-



-CITE-
    46 USC Sec. 4106                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-
    Sec. 4106. Penalties

-STATUTE-
      If a vessel to which this chapter applies is operated in
    violation of this chapter or a regulation prescribed under this
    chapter, the owner, charterer, managing operator, agent, master,
    and individual in charge are each liable to the United States
    Government for a civil penalty of not more than $5,000. The vessel
    also is liable in rem for the penalty.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 100-540, Sec.
    3, Oct. 28, 1988, 102 Stat. 2719.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4106                                  46:526o                       
    --------------------------------------------------------------------

      Section 4106 provides a civil penalty of $100 for a violation of
    this chapter or a regulation under this chapter. The vessel also is
    liable in rem.

                                AMENDMENTS                            
      1988 - Pub. L. 100-540 substituted "not more than $5,000" for
    "$100".

-End-


-CITE-
    46 USC CHAPTER 43 - RECREATIONAL VESSELS                    01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 43 - RECREATIONAL VESSELS

-HEAD-
                     CHAPTER 43 - RECREATIONAL VESSELS                 

-MISC1-
    Sec.                                                     
    4301.       Application.                                          
    4302.       Regulations.                                          
    4303.       Inspection and testing.                               
    4304.       Importation of nonconforming vessels and equipment.   
    4305.       Exemptions.                                           
    4306.       Federal preemption.                                   
    4307.       Prohibited acts.                                      
    4308.       Termination of unsafe operation.                      
    4309.       Investigation and reporting.                          
    4310.       Repair and replacement of defects.                    
    4311.       Penalties and injunctions.                            

                       HISTORICAL AND REVISION NOTES                   
      Chapter 43 contains the laws applicable to recreational vessels,
    which originated primarily with the enactment of the Federal Boat
    Safety Act of 1971 (Public Law 92-75, 85 Stat. 213). That Act
    embraced a number of activities, but the portion restated in this
    chapter deals with the establishment of national construction and
    performance standards for recreational vessels and their associated
    equipment, the necessary flexible regulatory authority for
    inspection and testing, Federal preemption, certain necessary
    prohibited acts, enforcement authority, investigation and reporting
    requirements, procedures for repair and defect notification, and
    attendant penalties and injunctive relief. These laws are a direct
    response to the dramatic increase in the number of recreational
    boats and the Congressional recognition of the maritime safety
    problems that recreational boating has imposed upon our more than
    25 million miles of waterways.

-End-



-CITE-
    46 USC Sec. 4301                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 43 - RECREATIONAL VESSELS

-HEAD-
    Sec. 4301. Application

-STATUTE-
      (a) This chapter applies to a recreational vessel and associated
    equipment carried in the vessel on waters subject to the
    jurisdiction of the United States (including the territorial sea of
    the United States as described in Presidential Proclamation No.
    5928 of December 27, 1988) and, for a vessel owned in the United
    States, on the high seas.
      (b) Except when expressly otherwise provided, this chapter does
    not apply to a foreign vessel temporarily operating on waters
    subject to the jurisdiction of the United States.
      (c) Until there is a final judicial decision that they are
    navigable waters of the United States, the following waters lying
    entirely in New Hampshire are declared not to be waters subject to
    the jurisdiction of the United States within the meaning of this
    section: Lake Winnisquam, Lake Winnipesaukee, parts of the
    Merrimack River, and their tributary and connecting waters.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 105-383, title
    III, Sec. 301(b)(4), Nov. 13, 1998, 112 Stat. 3417.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4301                                  46:1453                       
    --------------------------------------------------------------------

      Section 4301 provides that this chapter is applicable to a
    recreational vessel that operates on waters subject to the
    jurisdiction of the United States or that is owned in the United
    States and while operating on the high seas.
      It also provides that a foreign recreational vessel that
    temporarily uses our waters is not subject to the requirements of
    this chapter. However, if the vessel remains permanently in the
    United States, it would be subject to the provisions of this
    chapter.
      Section 4301(c) recognizes the ongoing controversy over the
    navigability of certain waters of New Hampshire. While a
    recreational vessel operating on these waters need not meet the
    requirements of this chapter, it would be prohibited from operating
    on any other waters subject to the jurisdiction of the United
    States if it does not comply with these requirements.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Presidential Proclamation No. 5928, referred to in subsec. (a),
    is set out under section 1331 of Title 43, Public Lands.


-MISC2-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-383 inserted "(including the
    territorial sea of the United States as described in Presidential
    Proclamation No. 5928 of December 27, 1988)" after "of the United
    States".

                              EFFECTIVE DATE                          
      Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L.
    98-89, set out as a note under section 3101 of this title.

-End-



-CITE-
    46 USC Sec. 4302                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 43 - RECREATIONAL VESSELS

-HEAD-
    Sec. 4302. Regulations

-STATUTE-
      (a) The Secretary may prescribe regulations - 
        (1) establishing minimum safety standards for recreational
      vessels and associated equipment, and establishing procedures and
      tests required to measure conformance with those standards, with
      each standard - 
          (A) meeting the need for recreational vessel safety; and
          (B) being stated, insofar as practicable, in terms of
        performance;

        (2) requiring the installation, carrying, or use of associated
      equipment (including fuel systems, ventilation systems,
      electrical systems, sound-producing devices, firefighting
      equipment, lifesaving devices, signaling devices, ground tackle,
      life- and grab-rails, and navigational equipment) on recreational
      vessels and classes of recreational vessels subject to this
      chapter, and prohibiting the installation, carrying, or use of
      associated equipment that does not conform with safety standards
      established under this section; and
        (3) requiring or permitting the display of seals, labels,
      plates, insignia, or other devices for certifying or evidencing
      compliance with safety regulations and standards of the United
      States Government for recreational vessels and associated
      equipment.

      (b) Each regulation prescribed under this section shall specify
    an effective date that is not earlier than 180 days from the date
    the regulation was published, unless the Secretary finds that there
    exists a recreational vessel safety hazard so critical as to
    require an earlier effective date. However, this period may not be
    more than 24 months for cases involving, in the discretion of the
    Secretary, major product design, retooling, or major changes in the
    manufacturing process.
      (c) In prescribing regulations under this section, the Secretary
    shall, among other things - 
        (1) consider the need for and the extent to which the
      regulations will contribute to recreational vessel safety;
        (2) consider relevant available recreational vessel safety
      standards, statistics, and data, including public and private
      research, development, testing, and evaluation;
        (3) not compel substantial alteration of a recreational vessel
      or item of associated equipment that is in existence, or the
      construction or manufacture of which is begun before the
      effective date of the regulation, but subject to that limitation
      may require compliance or performance, to avoid a substantial
      risk of personal injury to the public, that the Secretary
      considers appropriate in relation to the degree of hazard that
      the compliance will correct; and
        (4) consult with the National Boating Safety Advisory Council
      established under section 13110 of this title about the
      considerations referred to in clauses (1)-(3) of this subsection.

      (d) Section 8903 of this title does not apply to a vessel being
    operated for bona fide dealer demonstrations provided without fee
    to business invitees. However, if on the basis of substantial
    evidence, the Secretary decides under this section that requiring
    vessels so operated to be under the control of licensed individuals
    is necessary for boating safety, then the Secretary may prescribe
    regulations requiring the licensing of individuals controlling
    these vessels in the same manner as provided in chapter 89 of this
    title for individuals in control of vessels carrying passengers for
    hire.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 530.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4302                                  46:1454                       
                                          46:1455                       
                                          46:1456                       
                                          46:1464(g)                    
                                          46:1488                       
    --------------------------------------------------------------------

      Section 4302 authorizes the Secretary to prescribe regulations to
    carry out the provisions of this chapter. In lieu of establishing
    specific statutory safety requirements, subsection (a) provides
    flexible regulatory authority to establish uniform standards for
    the design, construction, materials, and performance of the boats
    themselves and all associated equipment. It also provides for the
    display of seals and other devices for certifying or evidencing
    compliance with applicable safety regulations or standards.
      Section 4302(b) requires a regulation prescribed under this
    section to have an effective date that is not earlier than 180 days
    from publication. However, in those instances where a safety hazard
    may be critical an earlier effective date is authorized.
      Section 4302(c) requires the Secretary to consider certain
    objectives in developing regulatory controls and regulations or
    standards and that there must be an effective consultation process.
      Section 4302(d) exempts dealer demonstration boats from the
    requirement of having to be named by a licensed individual when
    demonstrating boats to prospective purchasers or other business
    invitees when no fees are charged. The Secretary may require that
    boats so used be under control of a licensed individual.

          AVAILABILITY AND USE OF EPIRBS FOR RECREATIONAL VESSELS      
      Pub. L. 105-383, title III, Sec. 309, Nov. 13, 1998, 112 Stat.
    3422, provided that: "The Secretary of Transportation, through the
    Coast Guard and in consultation with the National Transportation
    Safety Board and recreational boating organizations, shall, within
    24 months of the date of the enactment of this Act [Nov. 13, 1998],
    assess and report to Congress on the use of emergency position
    indicating beacons (EPIRBs) and similar devices by operators of
    recreational vessels on the Intracoastal Waterway and operators of
    recreational vessels beyond the Boundary Line. The assessment shall
    at a minimum - 
        "(1) evaluate the current availability and use of EPIRBs and
      similar devices by the operators of recreational vessels and the
      actual and potential contribution of such devices to recreational
      boating safety; and
        "(2) provide recommendations on policies and programs to
      encourage the availability and use of EPIRBS [sic] and similar
      devices by the operators of recreational vessels."

-End-



-CITE-
    46 USC Sec. 4303                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 43 - RECREATIONAL VESSELS

-HEAD-
    Sec. 4303. Inspection and testing

-STATUTE-
      (a) Subject to regulations, supervision, and reviews that the
    Secretary may prescribe, the Secretary may delegate to a person,
    private or public agency, or organization, or to an officer or
    employee under the supervision of that person or agency, any work,
    business, or function related to the testing, inspection, and
    examination necessary for compliance enforcement and for the
    development of data to enable the Secretary to prescribe
    regulations under section 4302 of this title.
      (b) The Secretary may - 
        (1) conduct research, testing, and development necessary to
      carry out this chapter, including the procurement by negotiation
      or otherwise of experimental and other recreational vessels or
      associated equipment for research and testing purposes; and
        (2) subsequently sell those vessels.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 531.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4303                                  46:1457                       
    --------------------------------------------------------------------

      Section 4303 authorizes the Secretary to delegate to certain
    persons or agencies or organizations any work, business, or
    function related to the testing, inspection, and examination
    necessary for compliance enforcement. The Secretary may also
    conduct research, testing, and development necessary to carry out
    this chapter, including procurement of vessels and equipment and
    their subsequent sale. The Committee wishes to make clear that the
    Secretary may sell anything that was purchased to test.

-End-



-CITE-
    46 USC Sec. 4304                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 43 - RECREATIONAL VESSELS

-HEAD-
    Sec. 4304. Importation of nonconforming vessels and equipment

-STATUTE-
      The Secretary and the Secretary of the Treasury may authorize by
    joint regulations the importation of any nonconforming recreational
    vessel or associated equipment on conditions, including providing a
    bond, that will ensure that the recreational vessel or associated
    equipment will be brought into conformity with applicable safety
    regulations and standards of the Government before the vessel or
    equipment is operated on waters subject to the jurisdiction of the
    United States.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 531.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4304                                  46:1460                       
    --------------------------------------------------------------------

      Section 4304 requires the regulation and control of the
    importation of nonconforming recreational vessels and associated
    equipment. This is to assure United States manufacturers that
    foreign imports comply with those regulations and standards in
    effect for United States products so that all manufacturers will be
    on this same competitive footing. This is being done in lieu of
    providing a specific prohibition against the importation of these
    vessels and equipment that might be considered an imposition of a
    non-tariff barrier to trade.

-End-



-CITE-
    46 USC Sec. 4305                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 43 - RECREATIONAL VESSELS

-HEAD-
    Sec. 4305. Exemptions

-STATUTE-
      If the Secretary considers that recreational vessel safety will
    not be adversely affected, the Secretary may issue an exemption
    from this chapter or a regulation prescribed under this chapter.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 531.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4305                                  46:1458                       
    --------------------------------------------------------------------

      Section 4305 permits the Secretary to grant appropriate
    exemptions from the requirements of this chapter when recreational
    vessel safety will not be adversely affected.

-End-



-CITE-
    46 USC Sec. 4306                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 43 - RECREATIONAL VESSELS

-HEAD-
    Sec. 4306. Federal preemption

-STATUTE-
      Unless permitted by the Secretary under section 4305 of this
    title, a State or political subdivision of a State may not
    establish, continue in effect, or enforce a law or regulation
    establishing a recreational vessel or associated equipment
    performance or other safety standard or imposing a requirement for
    associated equipment (except insofar as the State or political
    subdivision may, in the absence of the Secretary's disapproval,
    regulate the carrying or use of marine safety articles to meet
    uniquely hazardous conditions or circumstances within the State)
    that is not identical to a regulation prescribed under section 4302
    of this title.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 531.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4306                                  46:1459                       
                                          46:1460                       
    --------------------------------------------------------------------

      Section 4306 establishes the Federal preemption of recreational
    boating standards and requirements. A State or a political
    subdivision may not establish, continue, or enforce a law or
    regulation establishing a performance or other safety standard that
    is not identical to a Federal standard. The Secretary may grant an
    exemption to a State when the State requirement is one that is
    needed to meet uniquely hazardous conditions or circumstances
    within a State. This is to provide uniform standards without the
    imposition of excessive special requirements by individual States.

-End-



-CITE-
    46 USC Sec. 4307                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 43 - RECREATIONAL VESSELS

-HEAD-
    Sec. 4307. Prohibited acts

-STATUTE-
      (a) A person may not - 
        (1) manufacture, construct, assemble, sell or offer for sale,
      introduce or deliver for introduction into interstate commerce,
      or import into the United States, a recreational vessel,
      associated equipment, or component of the vessel or equipment
      unless - 
          (A)(i) it conforms with this chapter or a regulation
        prescribed under this chapter; and
          (ii) it does not contain a defect which has been identified,
        in any communication to such person by the Secretary or the
        manufacturer of that vessel, equipment or component, as
        creating a substantial risk of personal injury to the public;
        or
          (B) it is intended only for export and is so labeled, tagged,
        or marked on the recreational vessel or equipment, including
        any markings on the outside of the container in which it is to
        be exported;

        (2) affix, attach, or display a seal, document, label, plate,
      insignia, or other device indicating or suggesting compliance
      with standards of the United States Government on, in, or in
      connection with, a recreational vessel or item of associated
      equipment that is false or misleading; or
        (3) fail to provide a notification as required by this chapter
      or fail to exercise reasonable diligence in carrying out the
      notification and reporting requirements of this chapter.

      (b) A person may not operate a vessel in violation of this
    chapter or a regulation prescribed under this chapter.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 531; Pub. L. 98-557, Sec.
    8(a), Oct. 30, 1984, 98 Stat. 2862.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4307(a)                               46:1461(a)                    
    4307(b)                               46:1461(c)                    
    --------------------------------------------------------------------

      Section 4307 prohibits certain acts in the manufacture and
    operation of recreational vessels.

                                AMENDMENTS                            
      1984 - Subsec. (a)(1)(A). Pub. L. 98-557 designated existing
    provisions as cl. (i), substituted "and" for "or", and added cl.
    (ii).

-End-



-CITE-
    46 USC Sec. 4308                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 43 - RECREATIONAL VESSELS

-HEAD-
    Sec. 4308. Termination of unsafe operation

-STATUTE-
      If an official charged with the enforcement of this chapter
    observes a recreational vessel being operated without sufficient
    lifesaving or firefighting devices or in an overloaded or other
    unsafe condition (as defined in regulations prescribed under this
    chapter) and, in the judgment of the official, the operation
    creates an especially hazardous condition, the official may direct
    the individual in charge of the recreational vessel to take
    immediate and reasonable steps necessary for the safety of
    individuals on board the vessel, including directing the individual
    in charge to return to a mooring and to remain there until the
    situation creating the hazard is corrected or ended.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 532; Pub. L. 99-307, Sec.
    1(9), May 19, 1986, 100 Stat. 445.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4308                                  46:1462                       
    --------------------------------------------------------------------

      Section 4308 authorizes an appropriate official to terminate the
    unsafe operation of recreational vessels. If the official observes
    the vessel being operated without sufficient lifesaving or
    firefighting devices or in an overloaded or other unsafe condition
    (as defined in regulations) and believes the operation creates an
    especially hazardous condition, the operator may be directed to
    take immediate and reasonable steps necessary for safety, including
    returning to a mooring and remaining there until the hazard is
    corrected or ended. This does not prevent the assessment of any
    applicable civil penalties nor the pursuing of appropriate criminal
    action.

                                AMENDMENTS                            
      1986 - Pub. L. 99-307 substituted "individual in charge" for
    "operator" in two places.

-End-



-CITE-
    46 USC Sec. 4309                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 43 - RECREATIONAL VESSELS

-HEAD-
    Sec. 4309. Investigation and reporting

-STATUTE-
      (a) A recreational vessel manufacturer to whom this chapter
    applies shall establish and maintain records and reports and
    provide information the Secretary may require to enable the
    Secretary to decide whether the manufacturer has acted or is acting
    in compliance with this chapter and regulations prescribed under
    this chapter. On request of an officer, employee, or agent
    authorized by the Secretary, a recreational vessel manufacturer
    shall permit the officer, employee, or agent to inspect, at
    reasonable times, factories or other facilities, and records
    related to deciding whether the manufacturer has acted or is acting
    in compliance with this chapter and regulations prescribed under
    this chapter.
      (b) Information reported to or otherwise obtained by the
    Secretary or the representative of the Secretary under this section
    containing or related to a trade secret or other matter referred to
    in section 1905 of title 18, or authorized to be exempt from public
    disclosure by section 552(b) of title 5, is confidential under
    section 1905. However, on approval of the Secretary, the
    information may be disclosed to other officers, employees, or
    agents concerned with carrying out this chapter or when it is
    relevant in a proceeding under this chapter.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 532.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4309                                  46:1463                       
    --------------------------------------------------------------------

      Section 4309 requires the establishment and maintenance of
    certain records by manufacturers, and the inspection and access to
    these records by the Secretary, at reasonable times, so as to
    assure Federal enforcement officials that the manufacturer has
    acted or is in compliance with applicable laws and regulations. It
    also provides protection for matters related to trade secrets and
    exemptions from public disclosure.

-End-



-CITE-
    46 USC Sec. 4310                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 43 - RECREATIONAL VESSELS

-HEAD-
    Sec. 4310. Repair and replacement of defects

-STATUTE-
      (a) In this section, "associated equipment" includes only items
    or classes of associated equipment that the Secretary shall
    prescribe by regulation after deciding that the application of the
    requirements of this section to those items or classes of
    associated equipment is reasonable and in furtherance of this
    chapter.
      (b) If a recreational vessel or associated equipment has left the
    place of manufacture and the recreational vessel manufacturer
    discovers or acquires information that the manufacturer decides, in
    the exercise of reasonable and prudent judgment, indicates that a
    recreational vessel or associated equipment subject to an
    applicable regulation prescribed under section 4302 of this title
    either fails to comply with the regulation, or contains a defect
    that creates a substantial risk of personal injury to the public,
    the manufacturer shall provide notification of the defect or
    failure of compliance as provided by subsections (c) and (d) of
    this section within a reasonable time after the manufacturer has
    discovered the defect.
      (c)(1) The notification required by subsection (b) of this
    section shall be given to the following persons in the following
    manner:
        (A) by first class mail or by certified mail to the first
      purchaser for other than resale, except that the requirement for
      notification of the first purchaser shall be satisfied if the
      recreational vessel manufacturer exercises reasonable diligence
      in establishing and maintaining a list of those purchasers and
      their current addresses, and sends the required notice to each
      person on that list at the address appearing on the list.
        (B) by first class mail or by certified mail to subsequent
      purchasers if known to the manufacturer.
        (C) by first class mail or by certified mail or other more
      expeditious means to the dealers and distributors of the
      recreational vessels or associated equipment.

      (2) The notification required by subsection (b) of this section
    is required to be given only for a defect or failure of compliance
    discovered by the recreational vessel manufacturer within a
    reasonable time after the manufacturer has discovered the defect or
    failure, except that the manufacturer's duty of notification under
    paragraph (1)(A) and (B) of this subsection applies only to a
    defect or failure of compliance discovered by the manufacturer
    within one of the following appropriate periods:
        (A) if a recreational vessel or associated equipment required
      by regulation to have a date of certification affixed, 10 years
      from the date of certification.
        (B) if a recreational vessel or associated equipment not
      required by regulation to have a date of certification affixed,
      10 years from the date of manufacture.

      (d) The notification required by subsection (b) of this section
    shall contain a clear description of the defect or failure to
    comply, an evaluation of the hazard reasonably related to the
    defect or failure, a statement of the measures to correct the
    defect or failure, and an undertaking by the recreational vessel
    manufacturer to take those measures only at the manufacturer's cost
    and expense.
      (e) Each recreational vessel manufacturer shall provide the
    Secretary with a copy of all notices, bulletins, and other
    communications to dealers and distributors of that manufacturer,
    and to purchasers of recreational vessels or associated equipment
    of that manufacturer, about a defect related to safety in the
    recreational vessels or associated equipment, and any failure to
    comply with the regulation or order applicable to the recreational
    vessels or associated equipment. The Secretary may publish or
    otherwise disclose to the public information in the notices or
    other information the Secretary has that the Secretary considers
    will assist in carrying out this chapter. However, the Secretary
    may disclose any information that contains or relates to a trade
    secret only if the Secretary decides that the information is
    necessary to carry out this chapter.
      (f) If, through testing, inspection, investigation, or
    examination of reports, the Secretary decides that a recreational
    vessel or associated equipment to which this chapter applies
    contains a defect related to safety or fails to comply with an
    applicable regulation prescribed under this chapter and
    notification under this chapter is appropriate, the Secretary shall
    notify the recreational vessel manufacturer of the defect or
    failure. The notice shall contain the findings of the Secretary and
    shall include a synopsis of the information on which they are
    based. The manufacturer may then provide the notification required
    by this chapter to the persons designated in this chapter or
    dispute the Secretary's decision. If disputed, the Secretary shall
    provide the manufacturer with an opportunity to present views and
    establish that there is no such defect or failure. When the
    Secretary considers it to be in the public interest, the Secretary
    may publish notice of the proceeding in the Federal Register and
    provide interested persons, including the National Boating Safety
    Advisory Council, with an opportunity to comment. If, after
    presentation by the manufacturer, the Secretary decides that the
    recreational vessel or associated equipment contains a defect
    related to safety or fails to comply with an applicable regulation,
    the Secretary may direct the manufacturer to provide the
    notifications specified in this chapter.
      (g) The Secretary may prescribe regulations to carry out this
    section, including the establishment of procedures that require
    dealers and distributors to assist manufacturers in obtaining
    information required by this section. A regulation prescribed under
    this subsection does not relieve a manufacturer of any obligation
    imposed by this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 532; Pub. L. 107-295, title
    IV, Sec. 433, Nov. 25, 2002, 116 Stat. 2129.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4310                                  46:1464                       
    --------------------------------------------------------------------

      Section 4310 imposes certain requirements on a recreational
    vessel and associated equipment manufacturer to provide
    notification of a defect or the failure of compliance after a
    manufacturer discovers the defect or failure. This section spells
    out the procedure for notification and who shall be notified. It
    assures the public of notification while protecting the
    manufacturer from the potential of damaging and inaccurate
    disclosures.

                                AMENDMENTS                            
      2002 - Subsec. (c)(1)(A) to (C). Pub. L. 107-295, Sec. 433(2),
    inserted "by first class mail or" before "by certified mail".
      Subsec. (c)(2)(A), (B). Pub. L. 107-295, Sec. 433(1), substituted
    "10" for "5".

-End-



-CITE-
    46 USC Sec. 4311                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 43 - RECREATIONAL VESSELS

-HEAD-
    Sec. 4311. Penalties and injunctions

-STATUTE-
      (a) A person willfully operating a recreational vessel in
    violation of this chapter or a regulation prescribed under this
    chapter shall be fined not more than $5,000, imprisoned for not
    more than one year, or both.
      (b)(1) A person violating section 4307(a) of this title is liable
    to the United States Government for a civil penalty of not more
    than $5,000, except that the maximum civil penalty may be not more
    than $250,000 for a related series of violations.
      (2) If the Secretary decides under section 4310(f) that a
    recreational vessel or associated equipment contains a defect
    related to safety or fails to comply with an applicable regulation
    and directs the manufacturer to provide the notifications specified
    in this chapter, any person, including a director, officer or
    executive employee of a corporation, who knowingly and willfully
    fails to comply with that order, may be fined not more than
    $10,000, imprisoned for not more than one year, or both.
      (3) When a corporation violates section 4307(a), or fails to
    comply with the Secretary's decision under section 4310(f), any
    director, officer, or executive employee of the corporation who
    knowingly and willfully ordered, or knowingly and willfully
    authorized, a violation is individually liable to the Government
    for a penalty under paragraphs (1) or (2) in addition to the
    corporation. However, the director, officer, or executive employee
    is not liable individually under this subsection if the director,
    officer, or executive employee can demonstrate by a preponderance
    of the evidence that - 
        (A) the order or authorization was issued on the basis of a
      decision, in exercising reasonable and prudent judgment, that the
      defect or the nonconformity with standards and regulations
      constituting the violation would not cause or constitute a
      substantial risk of personal injury to the public; and
        (B) at the time of the order or authorization, the director,
      officer, or executive employee advised the Secretary in writing
      of acting under this subparagraph and subparagraph (A).

      (c) A person violating any other provision of this chapter or
    other regulation prescribed under this chapter is liable to the
    Government for a civil penalty of not more than $1,000. If the
    violation involves the operation of a vessel, the vessel also is
    liable in rem for the penalty.
      (d) When a civil penalty of not more than $200 has been assessed
    under this chapter, the Secretary may refer the matter of
    collection of the penalty directly to the United States magistrate
    judge of the jurisdiction in which the person liable may be found
    for collection procedures under supervision of the district court
    and under an order issued by the court delegating this authority
    under section 636(b) of title 28.
      (e) The district courts of the United States have jurisdiction to
    restrain a violation of this chapter, or to restrain the sale,
    offer for sale, introduction or delivery for introduction into
    interstate commerce, or importation into the United States, of a
    recreational vessel or associated equipment that the court decides
    does not conform to safety standards of the Government. A civil
    action under this subsection shall be brought by filing a petition
    by the Attorney General for the Government. When practicable, the
    Secretary shall give notice to a person against whom an action for
    injunctive relief is contemplated and provide the person with an
    opportunity to present views and, except for a knowing and willful
    violation, shall provide the person with a reasonable opportunity
    to achieve compliance. The failure to give notice and provide the
    opportunity does not preclude the granting of appropriate relief by
    the district court.
      (f) A person is not subject to a penalty under this chapter if
    the person - 
        (1) establishes that the person did not have reason to know, in
      exercising reasonable care, that a recreational vessel or
      associated equipment does not conform with the applicable safety
      standards of the Government or that the person was not advised by
      the Secretary or the manufacturer of that vessel, equipment or
      component that the vessel, equipment or component contains a
      defect which creates a substantial risk of personal injury to the
      public; or
        (2) holds a certificate issued by the manufacturer of that
      recreational vessel or associated equipment to the effect that
      the recreational vessel or associated equipment conforms to all
      applicable recreational vessel safety standards of the
      Government, unless the person knows or reasonably should have
      known that the recreational vessel or associated equipment does
      not so conform.

      (g) Compliance with this chapter or standards, regulations, or
    orders prescribed under this chapter does not relieve a person from
    liability at common law or under State law.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 534; Pub. L. 98-557, Sec.
    8(b), (c), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 101-650, title
    III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 108-293, title
    IV, Sec. 406, Aug. 9, 2004, 118 Stat. 1043; Pub. L. 109-241, title
    IX, Sec. 901(e), July 11, 2006, 120 Stat. 564.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    4311(a)                               46:1483                       
    4311(b)                               46:1484(a)                    
    4311(c)                               46:1484(b)                    
    4311(d)                               46:1484(d)                    
    4311(e)                               46:1485                       
    4311(f)                               46:1461(b)                    
    4311(g)                               46:1489                       
    --------------------------------------------------------------------

      Section 4311 provides penalties for violating any of the
    provisions of this chapter or a regulation prescribed under this
    chapter. For a willful violation the penalty is a criminal fine;
    all other penalties are civil in nature.
      A person violating any of the prohibited acts specified in
    section 4307(a)(1) is subject to a maximum civil penalty that can
    go as high as a $100,000 for a related series of violations.
    However, the section provides for no liability for good faith
    reliance on certifications of compliance by others within the chain
    of responsibility and for defects that are not within an
    individual's responsibility or control.
      This section also contains an alternate procedure for the
    collection of a civil penalty of not more than $200 through a U.S.
    magistrate in lieu of the civil penalty procedures of the Coast
    Guard. It also directs the district courts of the United States to
    restrain the sale, offer for sale, introduction or delivery for
    introduction into interstate commerce, or importation of a
    recreational vessel or associated equipment that does not conform
    to applicable safety standards. Finally, compliance with this
    chapter or standards, regulations, or orders does not relieve a
    person from liability at common law or under State law.

                                AMENDMENTS                            
      2006 - Subsec. (b)(1). Pub. L. 109-241 inserted a space after
    "4307(a)".
      2004 - Subsec. (b). Pub. L. 108-293 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "A
    person violating section 4307(a)(1) of this title is liable to the
    United States Government for a civil penalty of not more than
    $2,000, except that the maximum civil penalty may be not more than
    $100,000 for a related series of violations. When a corporation
    violates section 4307(a)(1), any director, officer, or executive
    employee of the corporation who knowingly and willfully ordered, or
    knowingly and willfully authorized, a violation is individually
    liable to the Government for the penalty, in addition to the
    corporation. However, the director, officer, or executive employee
    is not liable individually under this subsection if the director,
    officer, or executive employee can demonstrate by a preponderance
    of the evidence that - 
        "(1) the order or authorization was issued on the basis of a
      decision, in exercising reasonable and prudent judgment, that the
      defect or the nonconformity with standards and regulations
      constituting the violation would not cause or constitute a
      substantial risk of personal injury to the public; and
        "(2) at the time of the order or authorization, the director,
      officer, or executive employee advised the Secretary in writing
      of acting under this clause and clause (1) of this subsection."
      1984 - Subsec. (b)(1). Pub. L. 98-557, Sec. 8(b), inserted
    "defect or the" before "nonconformity".
      Subsec. (f)(1). Pub. L. 98-557, Sec. 8(c), inserted provisions
    relating to advice by the Secretary or manufacturer of the vessel,
    equipment or component respecting defects creating substantial risk
    of personal injury to the public.

-CHANGE-
                              CHANGE OF NAME                          
      "United States magistrate judge" substituted for "United States
    magistrate" in subsec. (d) pursuant to section 321 of Pub. L. 101-
    650, set out as a note under section 631 of Title 28, Judiciary
    and Judicial Procedure.

-End-


-CITE-
    46 USC CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING
           INDUSTRY VESSELS                                01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-
       CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS   

-MISC1-
    Sec.                                                     
    4501.       Application.                                          
    4502.       Safety standards.                                     
    4503.       Fish processing vessel certification.                 
    4504.       Prohibited acts.                                      
    4505.       Termination of unsafe operations.                     
    4506.       Exemptions.                                           
    4507.       Penalties.                                            
    4508.       Commercial Fishing Industry Vessel Safety Advisory
                 Committee.                                           

                                AMENDMENTS                            
      2002 - Pub. L. 107-295, title III, Sec. 331(b), Nov. 25, 2002,
    116 Stat. 2105, inserted "Safety" before "Advisory Committee" in
    item 4508.
      1988 - Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1585,
    in chapter heading substituted "UNINSPECTED COMMERCIAL FISHING
    INDUSTRY VESSELS" for "FISH PROCESSING VESSELS", substituted
    "Safety standards" for "Regulations" in item 4502, "Fish processing
    vessel certification" for "Equivalency" in item 4503, "Prohibited
    acts" for "Penalties" in item 4504, and added items 4505 to 4508.

-End-



-CITE-
    46 USC Sec. 4501                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-
    Sec. 4501. Application

-STATUTE-
      (a) This chapter applies to an uninspected vessel which is a
    fishing vessel, fish processing vessel, or fish tender vessel.
      (b) This chapter does not apply to the carriage of bulk dangerous
    cargoes regulated under chapter 37 of this title.

-SOURCE-
    (Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98
    Stat. 446; amended Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102
    Stat. 1585.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-424 amended section generally, in subsec. (a)
    substituting provisions which related to uninspected fish
    processing vessel entered into service after Dec. 31, 1987, having
    more than 16 individuals on board primarily employed in preparation
    of fish on navigable waters of United States or owned in United
    States and operating on high seas, for provisions which related to
    uninspected fishing vessel, fish processing vessel, or fish tender
    vessel, and in subsec. (b) substituting "carriage of bulk" for
    "carriage of liquid bulk".

     FOREIGN BUILT VESSELS, EQUIVALENT COMPLIANCE UNTIL JULY 28, 1990 
      Pub. L. 100-424, Sec. 7, Sept. 9, 1988, 102 Stat. 1592, provided
    that: "Until July 28, 1990, a foreign built fish processing vessel
    subject to chapter 45 of title 46, United States Code, is deemed to
    comply with the requirements of that chapter if - 
        "(1) it has an unexpired certificate of inspection issued by a
      foreign country that is a party to an International Convention
      for Safety of Life at Sea to which the United States Government
      is a party; and
        "(2) it is in compliance with the safety requirements of that
      foreign country that apply to that vessel."

-End-



-CITE-
    46 USC Sec. 4502                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-
    Sec. 4502. Safety standards

-STATUTE-
      (a) The Secretary shall prescribe regulations which require that
    each vessel to which this chapter applies shall be equipped with - 
        (1) readily accessible fire extinguishers capable of promptly
      and effectively extinguishing a flammable or combustible liquid
      fuel fire;
        (2) at least one readily accessible life preserver or other
      lifesaving device for each individual on board;
        (3) an efficient flame arrestor, backfire trap, or other
      similar device on the carburetors of each inboard engine which
      uses gasoline as fuel;
        (4) the means to properly and efficiently ventilate enclosed
      spaces, including engine and fuel tank compartments, so as to
      remove explosive or flammable gases;
        (5) visual distress signals;
        (6) a buoyant apparatus, if the vessel is of a type required by
      regulations prescribed by the Secretary to be equipped with that
      apparatus;
        (7) alerting and locating equipment, including emergency
      position indicating radio beacons, on vessels that operate beyond
      3 nautical miles from the baselines from which the territorial
      sea of the United States is measured, and which are owned in the
      United States or beyond 3 nautical miles from the coastline of
      the Great Lakes; and
        (8) a placard as required by regulations prescribed under
      section 10603(b) of this title.

      (b)(1) In addition to the requirements of subsection (a) of this
    section, the Secretary shall prescribe regulations requiring the
    installation, maintenance, and use of the equipment in paragraph
    (2) of this subsection for documented vessels to which this chapter
    applies that - 
        (A) operate beyond the Boundary Line;
        (B) operate with more than 16 individuals on board; or
        (C) in the case of a fish tender vessel, engage in the Aleutian
      trade.

      (2) The equipment to be required is as follows:
        (A) alerting and locating equipment, including emergency
      position indicating radio beacons;
        (B) lifeboats or liferafts sufficient to accommodate all
      individuals on board;
        (C) at least one readily accessible immersion suit for each
      individual on board that vessel when operating on the waters
      described in section 3102 of this title;
        (D) radio communications equipment sufficient to effectively
      communicate with land-based search and rescue facilities;
        (E) navigation equipment, including compasses, radar
      reflectors, nautical charts, and anchors;
        (F) first aid equipment, including medicine chests; and
        (G) other equipment required to minimize the risk of injury to
      the crew during vessel operations, if the Secretary determines
      that a risk of serious injury exists that can be eliminated or
      mitigated by that equipment.

      (c)(1) In addition to the requirements described in subsections
    (a) and (b) of this section, the Secretary may prescribe
    regulations establishing the standards in paragraph (2) of this
    subsection for vessels to which this chapter applies that - 
        (A)(i) were built after December 31, 1988, or undergo a major
      conversion completed after that date; and
        (ii) operate with more than 16 individuals on board; or
        (B) in the case of a fish tender vessel, engage in the Aleutian
      trade.

      (2) The standards shall be minimum safety standards, including
    standards relating to - 
        (A) navigation equipment, including radars and fathometers;
        (B) lifesaving equipment, immersion suits, signaling devices,
      bilge pumps, bilge alarms, life rails, and grab rails;
        (C) fire protection and firefighting equipment, including fire
      alarms and portable and semiportable fire extinguishing
      equipment;
        (D) use and installation of insulation material;
        (E) storage methods for flammable or combustible material; and
        (F) fuel, ventilation, and electrical systems.

      (d)(1) The Secretary shall prescribe regulations for the
    operating stability of a vessel to which this chapter applies - 
        (A) that was built after December 31, 1989; or
        (B) the physical characteristics of which are substantially
      altered after December 31, 1989, in a manner that affects the
      vessel's operating stability.

      (2) The Secretary may accept, as evidence of compliance with this
    subsection, a certification of compliance issued by the person
    providing insurance for the vessel or by another qualified person
    approved by the Secretary.
      (e) In prescribing regulations under this chapter, the Secretary -
     
        (1) shall consider the specialized nature and economics of the
      operations and the character, design, and construction of the
      vessel; and
        (2) may not require the alteration of a vessel or associated
      equipment that was constructed or manufactured before the
      effective date of the regulation.

      (f) To ensure compliance with the requirements of this chapter,
    at least once every 2 years the Secretary shall examine - 
        (1) a fish processing vessel; and
        (2) a fish tender vessel engaged in the Aleutian trade.

-SOURCE-
    (Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98
    Stat. 447; amended Pub. L. 98-557, Sec. 33(a), Oct. 30, 1984, 98
    Stat. 2876; Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat.
    1585; Pub. L. 101-595, title VI, Sec. 602(c), Nov. 16, 1990, 104
    Stat. 2990; Pub. L. 104-324, title III, Sec. 307, Oct. 19, 1996,
    110 Stat. 3918; Pub. L. 105-383, title III, Sec. 301(b)(5), Nov.
    13, 1998, 112 Stat. 3417.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(7). Pub. L. 105-383 substituted "beyond 3
    nautical miles from the baselines from which the territorial sea of
    the United States is measured, and which are owned in the United
    States" for "on the high seas".
      1996 - Subsec. (a)(7). Pub. L. 104-324 inserted "or beyond 3
    nautical miles from the coastline of the Great Lakes" after "high
    seas".
      1990 - Subsec. (b). Pub. L. 101-595, Sec. 602(c)(1), amended
    subsec. (b) generally. Prior to amendment, subsec. (b) read as
    follows: "In addition to the requirements of subsection (a) of this
    section, the Secretary shall prescribe regulations for documented
    vessels to which this chapter applies that operate beyond the
    Boundary Line or that operate with more than 16 individuals on
    board, for the installation, maintenance, and use of - 
        "(1) alerting and locating equipment, including emergency
      position indicating radio beacons;
        "(2) lifeboats or liferafts sufficient to accommodate all
      individuals on board;
        "(3) at least one readily accessible immersion suit for each
      individual on board that vessel when operating on the waters
      described in section 3102 of this title;
        "(4) radio communications equipment sufficient to effectively
      communicate with land-based search and rescue facilities;
        "(5) navigation equipment, including compasses, radar
      reflectors, nautical charts, and anchors;
        "(6) first aid equipment, including medicine chests; and
        "(7) other equipment required to minimize the risk of injury to
      the crew during vessel operations, if the Secretary determines
      that a risk of serious injury exists that can be eliminated or
      mitigated by that equipment."
      Subsec. (c). Pub. L. 101-595, Sec. 602(c)(1), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "In
    addition to the requirements described in subsections (a) and (b)
    of this section, the Secretary may prescribe regulations
    establishing minimum safety standards for vessels to which this
    chapter applies that were built after December 31, 1988, or that
    undergo a major conversion completed after that date, and that
    operate with more than 16 individuals on board, including standards
    relating to - 
        "(1) navigation equipment, including radars and fathometers;
        "(2) life saving equipment, immersion suits, signaling devices,
      bilge pumps, bilge alarms, life rails, and grab rails;
        "(3) fire protection and firefighting equipment, including fire
      alarms and portable and semiportable fire extinguishing
      equipment;
        "(4) use and installation of insulation material;
        "(5) storage methods for flammable or combustible material; and
        "(6) fuel, ventilation, and electrical systems."
      Subsec. (f). Pub. L. 101-595, Sec. 602(c)(2), amended subsec. (f)
    generally. Prior to amendment, subsec. (f) read as follows: "The
    Secretary shall examine a fish processing vessel at least once
    every two years to ensure that the vessel complies with the
    requirements of this chapter."
      1988 - Pub. L. 100-424 amended section generally, substituting
    "Safety standards" for "Regulations" in section catchline, adding
    subsecs. (a) and (b), redesignating former subsec. (a) as (c) and
    establishing list of standards as minimum safety standards, in
    addition to requirements of subsecs. (a) and (b), for vessels built
    after Dec. 31, 1988, or that undergo major conversion completed
    after that date, that operate with more than 16 individuals on
    board, adding subsec. (d), redesignating former subsec. (b) as (e)
    and striking out provisions which required Secretary to consult
    with representatives of private sector, experienced in operation of
    these vessels, to ensure practicability of regulations, and adding
    subsec. (f).
      1984 - Subsec. (b)(3). Pub. L. 98-557 substituted "this chapter"
    for "the exemption".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Pub. L. 101-595, title VI, Sec. 602(f), Nov. 16, 1990, 104 Stat.
    2992, provided that: "This section [amending this section and
    sections 2102, 3302, 5102, 8104, and 8702 of this title, and
    enacting provisions set out as a note under section 7306 of this
    title] is effective on the date of enactment of this section [Nov.
    16, 1990] except as follows:
        "(1) The requirements imposed by section 3302(c)(4)(B) and (C)
      of title 46, United States Code, (as enacted by subsection (b) of
      this section) is effective 6 months after the date of enactment
      of this Act.
        "(2) Before January 1, 1993, section 4502(c) (as amended by
      subsection (c) of this section) does not apply to a fish tender
      vessel engaged in the Aleutian trade, if the vessel - 
          "(A)(i) before September 8, 1990, operated in that trade; or
          "(ii) before September 8, 1990, was purchased to be used in
        that trade and, before June 1, 1992, entered into service in
        that trade; and
          "(B) does not undergo a major conversion.
        "(3) Before January 1, 2003, a fish tender vessel is exempt
      from chapter 51 of title 46, United States Code, (as amended by
      subsection (d) of this section) when engaged in the Aleutian
      trade, if the vessel - 
          "(A)(i) before September 8, 1990, operated in that trade; or
          "(ii) before September 8, 1990, was purchased to be used in
        this trade and, before June 1, 1992, entered into service in
        that trade;
          "(B) does not undergo a major conversion; and
          "(C) did not have a load line assigned at any time before the
        date of enactment of this Act.
        "(4) The requirements imposed by section 8702(b)(2) of title
      46, United States Code, (as amended by subsection (e)(2)(B) of
      this section) are effective 1 year after the date of enactment of
      this Act."

                STUDIES REGARDING SAFETY OF FISHING VESSELS            
      Pub. L. 100-424, Sec. 5(a), Sept. 9, 1988, 102 Stat. 1591,
    directed Secretary of Transportation, utilizing National Academy of
    Engineering and in consultation with National Transportation Safety
    Board, Commercial Fishing Industry Vessel Advisory Committee, and
    fishing industry, to conduct a study of safety problems on fishing
    industry vessels, and to make recommendations regarding whether a
    vessel inspection program could be implemented for fishing vessels,
    fish tender vessels, and fish processing vessels, including
    recommendations on nature and scope of that inspection, and further
    provided for submission of the study and recommendations to
    Congress before Jan. 1, 1990.
      Pub. L. 100-424, Sec. 5(b), Sept. 9, 1988, 102 Stat. 1591,
    directed Secretary of department in which Coast Guard is operating,
    in consultation with Commercial Fishing Industry Vessel Advisory
    Committee established under section 4508 of this title, and with
    representatives of persons operating fish processing vessels to
    conduct a study of fish processing vessels that are not surveyed
    and classed by an organization approved by Secretary, and to make
    recommendations regarding what hull and machinery requirements
    could apply to such vessels to ensure that those vessels are
    operated and maintained in a condition in which they are safe to
    operate at sea, and further provided for submission of such study
    and recommendations to Congress before July 28, 1991.


-EXEC-
                     TERRITORIAL SEA OF UNITED STATES                 
      For extension of territorial sea of United States, see Proc. No.
    5928, set out as a note under section 1331 of Title 43, Public
    Lands.

-End-



-CITE-
    46 USC Sec. 4503                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-
    Sec. 4503. Fish processing vessel certification

-STATUTE-
      (a) A fish processing vessel to which this section applies may
    not be operated unless the vessel - 
        (1) meets all survey and classification requirements prescribed
      by the American Bureau of Shipping or another similarly qualified
      organization approved by the Secretary; and
        (2) has on board a certificate issued by the American Bureau of
      Shipping or that other organization evidencing compliance with
      this subsection.

      (b) This section applies to a fish processing vessel to which
    this chapter applies that - 
        (1) is built after July 27, 1990; or
        (2) undergoes a major conversion completed after that date.

-SOURCE-
    (Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98
    Stat. 447; amended Pub. L. 98-557, Sec. 33(b), Oct. 30, 1984, 98
    Stat. 2876; Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat.
    1587.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-424 amended section generally, substituting
    "Fish processing vessel certification" for "Equivalency" in section
    catchline, and provisions which require certification issued by
    American Bureau of Shipping or similar organization for fish
    processing vessel built after July 27, 1990, or undergoes major
    conversion completed after that date, for provisions which deemed
    compliance with this chapter if vessel has unexpired certificate of
    inspection issued by foreign country that is party to International
    Convention for Safety of Life at Sea to which United States is
    party.
      1984 - Pub. L. 98-557 substituted "is deemed" for "shall be
    deemed".

-End-



-CITE-
    46 USC Sec. 4504                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-
    Sec. 4504. Prohibited acts

-STATUTE-
      A person may not operate a vessel in violation of this chapter or
    a regulation prescribed under this chapter.

-SOURCE-
    (Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98
    Stat. 447; amended Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102
    Stat. 1587.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-424 amended section generally, substituting
    "Prohibited acts" for "Penalties" in section catchline, and
    provisions prohibiting operation of vessel in violation of this
    chapter, for provisions which imposed civil penalty not more than
    $1,000 for operation of vessel in violation of chapter, and
    liability in rem for penalty.

-End-



-CITE-
    46 USC Sec. 4505                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-
    Sec. 4505. Termination of unsafe operations

-STATUTE-
      An official authorized to enforce this chapter - 
        (1) may direct the individual in charge of a vessel to which
      this chapter applies to immediately take reasonable steps
      necessary for the safety of individuals on board the vessel if
      the official observes the vessel being operated in an unsafe
      condition that the official believes creates an especially
      hazardous condition, including ordering the individual in charge
      to return the vessel to a mooring and to remain there until the
      situation creating the hazard is corrected or ended; and
        (2) may order the individual in charge of an uninspected fish
      processing vessel that does not have on board the certificate
      required under section 4503(1) of this title to return the vessel
      to a mooring and to remain there until the vessel is in
      compliance with that section.

-SOURCE-
    (Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587.)

-End-



-CITE-
    46 USC Sec. 4506                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-
    Sec. 4506. Exemptions

-STATUTE-
      (a) The Secretary may exempt a vessel from any part of this
    chapter if, under regulations prescribed by the Secretary
    (including regulations on special operating conditions), the
    Secretary finds that - 
        (1) good cause exists for granting an exemption; and
        (2) the safety of the vessel and those on board will not be
      adversely affected.

      (b) A vessel to which this chapter applies is exempt from section
    4502(b)(2)(B) of this title if it - 
        (1) is less than 36 feet in length; and
        (2) is operating - 
          (A) in internal waters of the United States; or
          (B) within 3 nautical miles from the baselines from which the
        territorial sea of the United States is measured.

-SOURCE-
    (Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587;
    amended Pub. L. 102-587, title V, Sec. 5222, Nov. 4, 1992, 106
    Stat. 5081; Pub. L. 105-383, title III, Sec. 301(b)(6), Nov. 13,
    1998, 112 Stat. 3417.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b)(2). Pub. L. 105-383 added par. (2) and struck
    out former par. (2) which read as follows: "is not operating on the
    high seas."
      1992 - Subsec. (b). Pub. L. 102-587 substituted "4502(b)(2)(B)"
    for "4502(b)(2)".


-EXEC-
                     TERRITORIAL SEA OF UNITED STATES                 
      For extension of territorial sea of United States, see Proc. No.
    5928, set out as a note under section 1331 of Title 43, Public
    Lands.

-End-



-CITE-
    46 USC Sec. 4507                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-
    Sec. 4507. Penalties

-STATUTE-
      (a) The owner, charterer, managing operator, agent, master, and
    individual in charge of a vessel to which this chapter applies
    which is operated in violation of this chapter or a regulation
    prescribed under this chapter may each be assessed a civil penalty
    by the Secretary of not more than $5,000. Any vessel with respect
    to which a penalty is assessed under this subsection is liable in
    rem for the penalty.
      (b) A person willfully violating this chapter or a regulation
    prescribed under this chapter shall be fined not more than $5,000,
    imprisoned for not more than one year, or both.

-SOURCE-
    (Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1588.)

-End-



-CITE-
    46 USC Sec. 4508                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-
    Sec. 4508. Commercial Fishing Industry Vessel Safety Advisory
      Committee

-STATUTE-
      (a) The Secretary shall establish a Commercial Fishing Industry
    Vessel Safety Advisory Committee. The Committee - 
        (1) may advise, consult with, report to, and make
      recommendations to the Secretary on matters relating to the safe
      operation of vessels to which this chapter applies, including
      navigation safety, safety equipment and procedures, marine
      insurance, vessel design, construction, maintenance and
      operation, and personnel qualifications and training;
        (2) may review proposed regulations under this chapter;
        (3) may make available to Congress any information, advice, and
      recommendations that the Committee is authorized to give to the
      Secretary; and
        (4) shall meet at the call of the Secretary, who shall call
      such a meeting at least once during each calendar year.

      (b)(1) The Committee shall consist of seventeen members with
    particular expertise, knowledge, and experience regarding the
    commercial fishing industry as follows:
        (A) ten members from the commercial fishing industry who - 
          (i) reflect a regional and representational balance; and
          (ii) have experience in the operation of vessels to which
        this chapter applies or as a crew member or processing line
        worker on an uninspected fish processing vessel;

        (B) three members from the general public, including, whenever
      possible, an independent expert or consultant in maritime safety
      and a member of a national organization composed of persons
      representing owners of vessels to which this chapter applies and
      persons representing the marine insurance industry;
        (C) one member representing each of - 
          (i) naval architects or marine surveyors;
          (ii) manufacturers of equipment for vessels to which this
        chapter applies;
          (iii) education or training professionals related to fishing
        vessel, fish processing vessel, or fish tender vessel safety or
        personnel qualifications; and
          (iv) underwriters that insure vessels to which this chapter
        applies.

      (2) At least once each year, the Secretary shall publish a notice
    in the Federal Register and in newspapers of general circulation in
    coastal areas soliciting nominations for membership on the
    Committee, and, after timely notice is published, appoint the
    members of the Committee. An individual may be appointed to a term
    as a member of the Committee more than once. The Secretary may not
    seek or use information concerning the political affiliation of
    individuals in making appointments to the Committee.
      (3)(A) A member of the Committee shall serve a term of three
    years.
      (B) If a vacancy occurs in the membership of the Committee, the
    Secretary shall appoint a member to fill the remainder of the
    vacated term.
      (4) The Committee shall elect one of its members as the Chairman
    and one of its members as the Vice Chairman. The Vice Chairman
    shall act as Chairman in the absence or incapacity of, or in the
    event of a vacancy in the office of, the Chairman.
      (5) The Secretary shall, and any other interested agency may,
    designate a representative to participate as an observer with the
    Committee. These representatives shall, as appropriate, report to
    and advise the Committee on matters relating to vessels to which
    this chapter applies which are under the jurisdiction of their
    respective agencies. The Secretary's designated representative
    shall act as executive secretary for the Committee and perform the
    duties set forth in section 10(c) of the Federal Advisory Committee
    Act (5 App. U.S.C.).
      (c)(1) The Secretary shall, whenever practicable, consult with
    the Committee before taking any significant action relating to the
    safe operation of vessels to which this chapter applies.
      (2) The Secretary shall consider the information, advice, and
    recommendations of the Committee in consulting with other agencies
    and the public or in formulating policy regarding the safe
    operation of vessels to which this chapter applies.
      (d)(1) A member of the Committee who is not an officer or
    employee of the United States or a member of the Armed Forces, when
    attending meetings of the Committee or when otherwise engaged in
    the business of the Committee, is entitled to receive - 
        (A) compensation at a rate fixed by the Secretary, not
      exceeding the daily equivalent of the current rate of basic pay
      in effect for GS-18 of the General Schedule under section 5332 of
      title 5 including travel time; and
        (B) travel or transportation expenses under section 5703 of
      title 5.

      (2) Payments under this section do not render a member of the
    Committee an officer or employee of the United States or a member
    of the Armed Forces for any purpose.
      (3) A member of the Committee who is an officer or employee of
    the United States or a member of the Armed Forces may not receive
    additional pay based on the member's service to the Committee.
      (4) The provisions of this section relating to an officer or
    employee of the United States or a member of the Armed Forces do
    not apply to a member of a reserve component of the Armed Forces
    unless that member is in an active status.
      (e)(1) The Federal Advisory Committee Act (5 App. U.S.C.) applies
    to the Committee, except that the Committee terminates on September
    30, 2010.
      (2) Two years prior to the termination date referred to in
    paragraph (1) of this subsection, the Committee shall submit to
    Congress its recommendation regarding whether the Committee should
    be renewed and continued beyond the termination date.

-SOURCE-
    (Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1588;
    amended Pub. L. 101-225, title I, Sec. 106, Dec. 12, 1989, 103
    Stat. 1910; Pub. L. 102-241, Sec. 25, Dec. 19, 1991, 105 Stat.
    2217; Pub. L. 104-324, title III, Sec. 304(b), Oct. 19, 1996, 110
    Stat. 3917; Pub. L. 107-295, title III, Sec. 331(a), Nov. 25, 2002,
    116 Stat. 2105; Pub. L. 108-293, title IV, Sec. 418(a), Aug. 9,
    2004, 118 Stat. 1049; Pub. L. 109-241, title IX, Sec. 901(g), July
    11, 2006, 120 Stat. 564.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsecs.
    (b)(5) and (e)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770,
    as amended, which is set out in the Appendix to Title 5, Government
    Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (e)(1). Pub. L. 109-241 amended directory language
    of Pub. L. 108-293, Sec. 418(a). See 2004 Amendment note below.
      2004 - Subsec. (e)(1). Pub. L. 108-293, Sec. 418(a), as amended
    by Pub. L. 109-241, substituted "on September 30, 2010" for "on
    September 30, 2005".
      2002 - Pub. L. 107-295, Sec. 331(a)(1), inserted "Safety" after
    "Vessel" in section catchline.
      Subsec. (a). Pub. L. 107-295, Sec. 331(a)(2), inserted "Safety"
    after "Vessel" in introductory provisions.
      Subsec. (e)(1). Pub. L. 107-295, Sec. 331(a)(4), substituted "on
    September 30, 2005" for "on September 30, 2000".
      Pub. L. 107-295, Sec. 331(a)(3), which directed the substitution
    of "(5 App. U.S.C.)" for "(5 App. U.S.C. 1 et seq.)", was executed
    by making substitution for "(5 U.S.C. App. 1 et seq.)", to reflect
    the probable intent of Congress.
      1996 - Subsec. (e)(1). Pub. L. 104-324 substituted "2000" for
    "1994".
      1991 - Subsec. (e)(1). Pub. L. 102-241 substituted "1994" for
    "1992".
      1989 - Subsec. (b)(2). Pub. L. 101-225 inserted provision that
    Secretary not seek or use information concerning political
    affiliation in making appointments.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-241, title IX, Sec. 901(g), July 11, 2006, 120 Stat.
    564, provided that the amendment made by section 901(g) is
    effective Aug. 9, 2004.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

       INITIAL APPOINTMENTS TO COMMERCIAL FISHING INDUSTRY ADVISORY
                                 COMMITTEE
      Pub. L. 100-424, Sec. 2(b), Sept. 9, 1988, 102 Stat. 1589,
    provided that:
      "(1) Terms of initial appointments. - Of the members first
    appointed to the Commercial Fishing Industry Advisory Committee
    under section 4508 of title 46, United States Code (as amended by
    this Act) - 
        "(A) one-third of the members shall serve a term of one year
      and one-third of the members shall serve a term of two years, to
      be determined by lot at the first meeting of the Committee; and
        "(B) terms may be adjusted to coincide with the Government's
      fiscal year.
      "(2) Completion of initial appointments. - The Secretary shall
    complete appointment of members pursuant to this subsection not
    later than 90 days after the date of the enactment of this Act
    [Sept. 9, 1988]."

-End-


-CITE-
    46 USC CHAPTER 47 - ABANDONMENT OF BARGES                   01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 47 - ABANDONMENT OF BARGES

-HEAD-
                    CHAPTER 47 - ABANDONMENT OF BARGES                

-MISC1-
    Sec.                                                     
    4701.       Definitions.                                          
    4702.       Abandonment of barge prohibited.                      
    4703.       Penalty for unlawful abandonment of barge.            
    4704.       Removal of abandoned barges.                          
    4705.       Liability of barge removal contractors.               

-End-



-CITE-
    46 USC Sec. 4701                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 47 - ABANDONMENT OF BARGES

-HEAD-
    Sec. 4701. Definitions

-STATUTE-
      In this chapter - 
        (1) "abandon" means to moor, strand, wreck, sink, or leave a
      barge of more than 100 gross tons as measured under section 14502
      of this title, or an alternate tonnage measured under section
      14302 of this title as prescribed by the Secretary under section
      14104 of this title unattended for longer than forty-five days.
        (2) "barge removal contractor" means a person that enters into
      a contract with the United States to remove an abandoned barge
      under this chapter.
        (3) "navigable waters of the United States" means waters of the
      United States, including the territorial sea.
        (4) "removal" or "remove" means relocation, sale, scrapping, or
      other method of disposal.

-SOURCE-
    (Added Pub. L. 102-587, title V, Sec. 5302, Nov. 4, 1992, 106 Stat.
    5081; amended Pub. L. 104-324, title VII, Sec. 718, Oct. 19, 1996,
    110 Stat. 3937.)


-MISC1-
                                AMENDMENTS                            
      1996 - Par. (1). Pub. L. 104-324 inserted "as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title" after "100 gross tons".

                       APPLICATION TO CERTAIN BARGES                   
      Pub. L. 102-587, title V, Sec. 5303, Nov. 4, 1992, 106 Stat.
    5083, provided that: "Chapter 47 of title 46, United States Code,
    as added by subsection (a) [section 5302], does not apply to a
    barge abandoned before June 11, 1992, if the barge was removed
    before the date that is 1 year after the date of enactment of this
    title [Nov. 4, 1992]."


-EXEC-
                     TERRITORIAL SEA OF UNITED STATES                 
      For extension of territorial sea of United States, see Proc. No.
    5928, set out as a note under section 1331 of Title 43, Public
    Lands.

-End-



-CITE-
    46 USC Sec. 4702                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 47 - ABANDONMENT OF BARGES

-HEAD-
    Sec. 4702. Abandonment of barge prohibited

-STATUTE-
      An owner or operator of a barge may not abandon it on the
    navigable waters of the United States. A barge is deemed not to be
    abandoned if - 
        (1) it is located at a Federally- or State-approved mooring
      area;
        (2) it is on private property with the permission of the owner
      of the property; or
        (3) the owner or operator notifies the Secretary that the barge
      is not abandoned and the location of the barge.

-SOURCE-
    (Added Pub. L. 102-587, title V, Sec. 5302, Nov. 4, 1992, 106 Stat.
    5082; amended Pub. L. 109-304, Sec. 15(18), Oct. 6, 2006, 120 Stat.
    1703.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-304 struck out subsec. (a) designation before
    "An owner".

-End-



-CITE-
    46 USC Sec. 4703                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 47 - ABANDONMENT OF BARGES

-HEAD-
    Sec. 4703. Penalty for unlawful abandonment of barge

-STATUTE-
      Thirty days after the notification procedures under section
    4704(a)(1) are completed, the Secretary may assess a civil penalty
    of not more than $1,000 for each day of the violation against an
    owner or operator that violates section 4702. A vessel with respect
    to which a penalty is assessed under this chapter is liable in rem
    for the penalty.

-SOURCE-
    (Added Pub. L. 102-587, title V, Sec. 5302, Nov. 4, 1992, 106 Stat.
    5082.)

-End-



-CITE-
    46 USC Sec. 4704                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 47 - ABANDONMENT OF BARGES

-HEAD-
    Sec. 4704. Removal of abandoned barges

-STATUTE-
      (a)(1) The Secretary may remove a barge that is abandoned after
    complying with the following procedures:
        (A) If the identity of the owner or operator can be determined,
      the Secretary shall notify the owner or operator by certified
      mail - 
          (i) that if the barge is not removed it will be removed at
        the owner's or operator's expense; and
          (ii) of the penalty under section 4703.

        (B) If the identity of the owner or operator cannot be
      determined, the Secretary shall publish an announcement in - 
          (i) a notice to mariners; and
          (ii) an official journal of the county in which the barge is
        located

      that if the barge is not removed it will be removed at the
      owner's or operator's expense.

      (2) The United States, and any officer or employee of the United
    States is not liable to an owner or operator for damages resulting
    from removal of an abandoned barge under this chapter.
      (b) The owner or operator of an abandoned barge is liable, and an
    abandoned barge is liable in rem, for all expenses that the United
    States incurs in removing an abandoned barge under this chapter.
      (c)(1) The Secretary may, after providing notice under subsection
    (a)(1), solicit by public advertisement sealed bids for the removal
    of an abandoned barge.
      (2) After solicitation under paragraph (1) the Secretary may
    award a contract. The contract - 
        (A) may be subject to the condition that the barge and all
      property on the barge is the property of the barge removal
      contractor; and
        (B) must require the barge removal contractor to submit to the
      Secretary a plan for the removal.

      (3) Removal of an abandoned barge may begin thirty days after the
    Secretary completes the procedures under subsection (a)(1).

-SOURCE-
    (Added Pub. L. 102-587, title V, Sec. 5302, Nov. 4, 1992, 106 Stat.
    5082.)

-End-



-CITE-
    46 USC Sec. 4705                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part B - Inspection and Regulation of Vessels
    CHAPTER 47 - ABANDONMENT OF BARGES

-HEAD-
    Sec. 4705. Liability of barge removal contractors

-STATUTE-
      (a) A barge removal contractor and its subcontractor are not
    liable for damages that result from actions taken or omitted to be
    taken in the course of removing a barge under this chapter.
      (b) Subsection (a) does not apply - 
        (1) with respect to personal injury or wrongful death; or
        (2) if the contractor or subcontractor is grossly negligent or
      engages in willful misconduct.

-SOURCE-
    (Added Pub. L. 102-587, title V, Sec. 5302, Nov. 4, 1992, 106 Stat.
    5083; amended Pub. L. 109-304, Sec. 15(19), Oct. 6, 2006, 120 Stat.
    1703.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-304 in subsec. (a) struck out par. (1)
    designation before "A barge removal" and substituted "subcontractor
    are not" for "subcontractor not", redesignated par. (2) as subsec.
    (b) and subpars. (A) and (B) of former par. (2) as pars. (1) and
    (2) of subsec. (b), respectively, and substituted "Subsection (a)"
    for "Paragraph (1)".

-End-


-CITE-
    46 USC Part C - Load Lines of Vessels                       01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels

-HEAD-
                      PART C - LOAD LINES OF VESSELS                  


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Part C contains provisions that apply to load lines. A load line
    is a mark drawn on a vessel that indicates whether a vessel is
    overloaded. Load line requirements for international voyages are
    based not only on domestic law but also the 1966 International Load
    Line Convention.

-End-


-CITE-
    46 USC CHAPTER 51 - LOAD LINES                              01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
                          CHAPTER 51 - LOAD LINES                      

-MISC1-
    Sec.                                                     
    5101.       Definitions.                                          
    5102.       Application.                                          
    5103.       Load line requirements.                               
    5104.       Assignment of load lines.                             
    5105.       Load line surveys.                                    
    5106.       Load line certificate.                                
    5107.       Delegation of authority.                              
    5108.       Special exemptions.                                   
    5109.       Reciprocity for foreign vessels.                      
    5110.       Submersible vessels.                                  
    5111.       Providing loading information.                        
    5112.       Loading restrictions.                                 
    5113.       Detention of vessels.                                 
    5114.       Use of Customs Service officers and employees for
                 enforcement.                                         
    [5115.      Repealed.]                                            
    5116.       Penalties.                                            

                       HISTORICAL AND REVISION NOTES                   
      Chapter 51 provides for the assignment of load lines and issuance
    of load line certificates to vessels, and requires that certain
    classes of vessels be marked with load lines.

                                AMENDMENTS                            
      1990 - Pub. L. 101-595, title VI, Sec. 603(5)(B), Nov. 16, 1990,
    104 Stat. 2993, struck out item 5115 "Regulations".

-End-



-CITE-
    46 USC Sec. 5101                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5101. Definitions

-STATUTE-
      In this chapter - 
        (1) "domestic voyage" means movement of a vessel between places
      in, or subject to the jurisdiction of, the United States, except
      movement between - 
          (A) a place in a territory or possession of the United States
        or the Trust Territory of the Pacific Islands; and
          (B) a place outside that territory, possession, or Trust
        Territory.

        (2) "economic benefit of the overloading" means the amount
      obtained by multiplying the weight of the overload (in tons) by
      the lesser of - 
          (A) the average freight rate value of a ton of the vessel's
        cargo for the voyage; or
          (B) $50.

        (3) "existing vessel" means - 
          (A) a vessel on a domestic voyage, the keel of which was
        laid, or that was at a similar stage of construction, before
        January 1, 1986; and
          (B) a vessel on a foreign voyage, the keel of which was laid,
        or that was at a similar stage of construction, before July 21,
        1968.

        (4) "freeboard" means the distance from the mark of the load
      line assigned under this chapter to the freeboard deck.
        (5) "freeboard deck" means the deck or other structure the
      Secretary prescribes by regulation.
        (6) "minimum safe freeboard" means the freeboard that the
      Secretary decides cannot be reduced safely without limiting the
      operation of the vessel.
        (7) "weight of the overload" means the amount obtained by
      multiplying the number of inches that the vessel is submerged
      below the applicable assigned freeboard by the tons-an-inch
      immersion factor for the vessel at the assigned minimum safe
      freeboard.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1913.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5101
      Source: Section (U.S. Code) 46 App. U.S.C. 86a.
      Section 5101 contains definitions that are limited to Chapter 51 -
     Load Lines. Existing Section 46 App. U.S.C. 86a (which defines
    only the terms "new ship" and "existing ship") will be replaced by
    section 5101. Definitions of technical terms ("freeboard",
    "freeboard deck", and "minimum safe freeboard") have been added for
    clarity. The definition of the term "new ship" has been deleted
    because the term is not used in Chapter 51. The definition of
    "domestic voyage" includes the phrase "places in or subject to the
    jurisdiction of the United States." "Places subject to the
    jurisdiction of the United States" include deep water ports,
    production platforms, mining sites outside of territorial waters of
    the United States but within the United States' Exclusive Economic
    Zone (EEZ) that was established by Presidential Proclamation 5030,
    dated March 10, 1983, or on the outer continental shelf. The
    phrases "economic benefit of overloading" and "weight of the
    overload" have been defined for purposes of establishing a standard
    method of determining the value of the cargo with which a vessel is
    overloaded. The value of the cargo will in turn affect the maximum
    penalty assessed for overloading the vessel. The definition of
    "freeboard deck" provides the Secretary with the authority to
    designate as the freeboard deck either the actual deck (on standard
    vessels) or another structure (on non-standard vessels). Non-
    standard vessels, for which this regulatory flexibility is
    necessary, include shelter deck vessels, semi-submersible multi-
    hull units, container ships, surface effect vessels, and
    commercial submarines.


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-



-CITE-
    46 USC Sec. 5102                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5102. Application

-STATUTE-
      (a) Except as provided in subsection (b) of this section, this
    chapter applies to the following:
        (1) a vessel of the United States.
        (2) a vessel on the navigable waters of the United States.
        (3) a vessel - 
          (A) owned by a citizen of the United States or a corporation
        established by or under the laws of the United States or a
        State; and
          (B) not registered in a foreign country.

        (4) a public vessel of the United States.
        (5) a vessel otherwise subject to the jurisdiction of the
      United States.

      (b) This chapter does not apply to the following:
        (1) a vessel of war.
        (2) a recreational vessel when operated only for pleasure.
        (3) a fishing vessel.
        (4) a fish processing vessel of not more than 5,000 gross tons
      as measured under section 14502 of this title, or an alternate
      tonnage measured under section 14302 of this title as prescribed
      by the Secretary under section 14104 of this title that - 
          (A)(i) was constructed as a fish processing vessel before
        August 16, 1974; or
          (ii) was converted for use as a fish processing vessel before
        January 1, 1983; and
          (B) is not on a foreign voyage.

        (5) a fish tender vessel of not more than 500 gross tons as
      measured under section 14502 of this title, or an alternate
      tonnage measured under section 14302 of this title as prescribed
      by the Secretary under section 14104 of this title that - 
          (A)(i) was constructed, under construction, or under contract
        to be constructed as a fish tender vessel before January 1,
        1980; or
          (ii) was converted for use as a fish tender vessel before
        January 1, 1983; and
          (B)(i) is not on a foreign voyage; or
          (ii) is not engaged in the Aleutian trade (except a vessel in
        that trade assigned a load line at any time before June 1,
        1992).

        (6) a vessel of the United States on a domestic voyage that
      does not cross the Boundary Line, except a voyage on the Great
      Lakes.
        (7) a vessel of less than 24 meters (79 feet) overall in
      length.
        (8) a public vessel of the United States on a domestic voyage.
        (9) a vessel excluded from the application of this chapter by
      an international agreement to which the United States Government
      is a party.
        (10) an existing vessel of not more than 150 gross tons as
      measured under section 14502 of this title, or an alternate
      tonnage measured under section 14302 of this title as prescribed
      by the Secretary under section 14104 of this title that is on a
      domestic voyage.
        (11) a small passenger vessel on a domestic voyage.
        (12) a vessel of the working fleet of the Panama Canal
      Commission not on a foreign voyage.

      (c) On application by the owner and after a survey under section
    5105 of this title, the Secretary may assign load lines for a
    vessel excluded from the application of this chapter under
    subsection (b) of this section. A vessel assigned load lines under
    this subsection is subject to this chapter until the surrender of
    its load line certificate and the removal of its load line marks.
      (d) This chapter does not affect an international agreement to
    which the Government is a party that is not in conflict with the
    International Convention on Load Lines currently in force for the
    United States.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1914; Pub. L. 101-595, title VI, Sec. 602(d), Nov. 16, 1990, 104
    Stat. 2991; Pub. L. 104-324, title VII, Sec. 719, Oct. 19, 1996,
    110 Stat. 3938; Pub. L. 107-295, title IV, Sec. 436(a), Nov. 25,
    2002, 116 Stat. 2129.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5102
      Source: Section (U.S. Code) 46 App. U.S.C. 86b, 86c, 88.
      The delineation of the vessels that will be subject to load line
    requirements is made in section 5102 as follows: subsection (a) is
    an all-inclusive list of vessels subject to load line requirements,
    followed by subsection (b) which specifically exempts those vessels
    to which the requirements do not apply.
      Section 5102(a) lists five categories of vessels which are
    subject to load line requirements. They are as follows:
      Clause (1) regarding "a vessel of the United States" includes all
    vessels documented under Chapter 121 of title 46 or numbered under
    Chapter 123 of title 46.
      Clause (2) regarding "a vessel on the navigable waters of the
    United States" includes all domestic or foreign vessels found in or
    on the navigable waters of the United States.
      Clause (3) regarding "a vessel owned by a citizen of the United
    States or a corporation established by or under the laws of the
    United States or a State, and not registered in a foreign country"
    includes all vessels owned by citizens of the United States (as
    defined in 5107(7)) [sic] and not registered under the laws of a
    foreign country, wherever the vessels may be located.
      Clause (4) regarding "a public vessel of the United States"
    includes all United States public vessels.
      Clause (5) regarding "a vessel otherwise subject to the
    jurisdiction of the United States" includes foreign vessels that
    are subject to United States jurisdiction as a result of bilateral
    agreements, licenses, customary international law or other means,
    including those using deepwater port or outer continental shelf or
    EEZ facilities located in areas subject to the jurisdiction of the
    United States.
      Section 5102(b) lists the specific exemptions from load line
    requirements. The specific exemptions may be grouped as follows:
        (a) Vessel type (ships of war, pleasure vessels, fishing
      vessels, small passenger vessels on domestic voyages);
        (b) Area of operation (rivers, harbors, bays, sounds, etc.);
        (c) Minimum size (length); and
        (d) Treaty exclusions.
      Clause (1) exempts vessels of war from load line requirements.
      Clause (2) exempts recreational vessels operated only for
    pleasure from load line requirements.
      Clause (3) exempts fishing vessels from load line requirements.
      Clauses (4) and (5) exempt certain existing fish processing and
    fish tender vessels not on a foreign voyage from load line
    requirements. The exception is limited to those vessels not on
    international voyages to ensure compliance with United States
    obligations under the International Load Line Convention.
      Clause (6) exempts from load line requirements all U.S. vessels
    operating on domestic voyages within the Boundary Line, as defined
    in section 2101 of this title, except vessels operating on the
    Great Lakes.
      Clause (7) exempts all vessels that are less than 24 meters (79
    feet) in length from load line requirements whether on
    international or domestic voyages.
      Clause (8) exempts from load line requirements those public
    vessels that are on domestic voyages.
      Clause (9) exempts from load line requirements those vessels
    which have been excluded from the requirements "by specific action
    of a treaty of the United States." The only current treaty which
    excludes vessels from load line requirements is the Convention
    Between the United States of America and the Dominion of Canada
    Concerning Load Lines (49 Stat. 2685), which entered into force on
    August 11, 1934.
      Clause (10) exempts from load line requirements existing U.S.
    vessels that are under 150 gross tons while engaged on a domestic
    voyage. This is a grandfather provision, continuing the existing
    exemption for these vessels. Vessels built after January 1, 1986
    must be marked with a load line, however, if they are over 79 feet
    long and do not qualify for any other exemption.
      Clause (11) exempts small passenger vessels engaged on domestic
    voyages from load line requirements. Small passenger vessels are
    inspected under Subchapter T of Title 46 of the Code of Federal
    Regulations. Under Subchapter T, the Coast Guard regulates these
    vessels with regard to safety; the requirements are based on the
    number of passengers, length, and gross tonnage of the vessel.
    Safety-related requirements in Subchapter T regulations include
    hull structure and watertightness, stability, weathertight
    integrity, and safe movement of persons on deck, the principal
    safety features covered by load line regulations. This specific
    exemption from load line requirements for small passenger vessels
    is consistent with existing law and does not alter in any way the
    Coast Guard's authority to regulate small passenger vessels under
    Subchapter T.
      Clause (12) exempts vessels of the working voyages from the
    requirement to have load lines.
      Section 5102(c) authorizes the Secretary to assign load lines for
    any vessel exempted from load line requirements by subsection (b)
    upon the request of the owner. It also provides that any exempted
    vessel for which load lines are assigned will remain subject to the
    load line requirements until its load line certificate is
    surrendered and the load line marks are removed.
      Section 5102(d) provides that this chapter shall not be construed
    as abrogating the provisions of other treaties and conventions to
    which the United States is a party, which are not in conflict with
    the International Convention on Load Lines.

                                AMENDMENTS                            
      2002 - Subsec. (b)(5)(B)(ii). Pub. L. 107-295 inserted "is not"
    after "(ii)".
      1996 - Subsec. (b)(4). Pub. L. 104-324, Sec. 719(1), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "5,000 gross
    tons" in introductory provisions.
      Subsec. (b)(5). Pub. L. 104-324, Sec. 719(2), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "500 gross tons"
    in introductory provisions.
      Subsec. (b)(10). Pub. L. 104-324, Sec. 719(3), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "150 gross
    tons".
      1990 - Subsec. (b)(5)(B). Pub. L. 101-595 amended subpar. (B)
    generally. Prior to amendment, subpar. (B) read as follows: "is not
    on a foreign voyage."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-595 effective Nov. 16, 1990, with
    provision that before Jan. 1, 2003, a fish tender vessel is exempt
    from this chapter when engaged in Aleutian trade if the vessel
    either operated in that trade before Sept. 8, 1990, or was
    purchased before that date to be used in such trade and entered
    into service in that trade before June 1, 1992, did not undergo a
    major conversion, and did not have a load line assigned at any time
    before Nov. 16, 1990, see section 602(f) of Pub. L. 101-595, set
    out as a note under section 4502 of this title.

                   FISH TENDER VESSELS IN ALEUTIAN TRADE               
      Pub. L. 107-295, title IV, Sec. 436(b), (c), Nov. 25, 2002, 116
    Stat. 2129, provided that:
      "(b) Implementation. - Except as provided in subsection (c), a
    fish tender vessel that before January 1, 2003, transported cargo
    (not including fishery related products) in the Aleutian trade is
    subject to chapter 51 of title 46, United States Code (as amended
    by subsection (a) of this section [amending this section]).
      "(c) Exception. - 
        "(1) In general. - Before December 31, 2006, the BOWFIN (United
      States official number 604231) is exempt from chapter 51 of title
      46, United States Code (as amended by subsection (a) of this
      section) when engaged in the Aleutian trade, if the vessel does
      not undergo a major conversion.
        "(2) Ensuring safety. - Before the date referred to in
      paragraph (1), a Coast Guard official who has reason to believe
      that the vessel referred to in paragraph (1) operating under this
      subsection is in a condition or is operated in a manner that
      creates an immediate threat to life or the environment or is
      operated in a manner that is inconsistent with section 3302 of
      title 46, United States Code, may direct the master or individual
      in charge to take immediate and reasonable steps to safeguard
      life and the environment, including directing the vessel to a
      port or other refuge."
      [For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.]

-End-



-CITE-
    46 USC Sec. 5103                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5103. Load line requirements

-STATUTE-
      (a) A vessel may be operated only if the vessel has been assigned
    load lines.
      (b) The owner, charterer, managing operator, agent, master, and
    individual in charge of a vessel shall mark and maintain the load
    lines permanently and conspicuously in the way prescribed by the
    Secretary.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1915.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5103
      Source: Section (U.S. Code) 46 App. U.S.C. 86c, 88b.
      Section 5103(a) prohibits a vessel that is subject to load line
    requirements from operating, unless it has load lines assigned by
    the Secretary.
      Section 5103(b) requires that load lines be permanently and
    conspicuously maintained in the manner prescribed by the Secretary.

-End-



-CITE-
    46 USC Sec. 5104                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5104. Assignment of load lines

-STATUTE-
      (a) The Secretary shall assign load lines for a vessel so that
    they indicate the minimum safe freeboard to which the vessel may be
    loaded. However, if the owner requests, the Secretary may assign
    load lines that result in greater freeboard than the minimum safe
    freeboard.
      (b) In assigning load lines for a vessel, the Secretary shall
    consider - 
        (1) the service, type, and character of the vessel;
        (2) the geographic area in which the vessel will operate; and
        (3) applicable international agreements to which the United
      States Government is a party.

      (c) An existing vessel may retain its load lines assigned before
    January 1, 1986, unless the Secretary decides that a substantial
    change in the vessel after those load lines were assigned requires
    that new load lines be assigned under this chapter.
      (d) The minimum freeboard of an existing vessel may be reduced
    only if the vessel complies with every applicable provision of this
    chapter.
      (e) The Secretary may designate by regulation specific geographic
    areas that have less severe weather or sea conditions and from
    which there is adequate time to return to available safe harbors.
    The Secretary may reduce the minimum freeboard of a vessel
    operating in these areas.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1915.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5104
      Source: Section (U.S. Code) 46 App. U.S.C. 86c, 88a.
      Section 5104(a) requires the Secretary to assign load lines
    indicating the minimum safe freeboard to which a vessel may be
    loaded. It also authorizes the Secretary to assign a load line that
    results in a freeboard that is greater than the minimum freeboard,
    if the owner requests.
      Section 5104(b) sets forth guidelines that the Secretary must
    consider when assigning load lines on vessels.
      Section 5104(c) allows an existing vessel to retain its load line
    assigned before January 1, 1986, unless the Secretary decides that
    a change made in the vessel requires the assignment of a new load
    line.
      Section 5104(d) is a new provision that requires that a vessel
    comply with all the provisions of this chapter before the Secretary
    will consider a reduction in its minimum freeboard. This provision
    is similar to Article 4(4) of the International Convention on Load
    Lines.
      Section 5104(e) is a new provision that authorized the Secretary
    to designate specific geographic areas having relatively non-severe
    weather or sea conditions and from which there is adequate time to
    return to safe harbors. Section 5104(e) also authorizes the
    Secretary to reduce the minimum freeboard of vessels operating in
    these areas. Regulations that have been issued under this authority
    (46 C.F.R. 44) authorize special service load lines for vessels
    operating not more than 20 nautical miles offshore or between
    islands in a group.

-End-



-CITE-
    46 USC Sec. 5105                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5105. Load line surveys

-STATUTE-
      (a) The Secretary may provide for annual, renewal, and other load
    line surveys.
      (b) In conducting a load line survey, the Secretary shall
    consider whether - 
        (1) the hull and fittings of the vessel - 
          (A) are adequate to protect the vessel from the sea; and
          (B) meet other requirements the Secretary may prescribe by
        regulation;

        (2) the strength of the hull is adequate for all loading
      conditions;
        (3) the stability of the vessel is adequate for all loading
      conditions;
        (4) the topsides of the vessel are arranged and constructed to
      allow rapid overboard drainage of deck water in heavy weather;
      and
        (5) the topsides of the vessel are adequate in design,
      arrangement, and equipment to protect crewmembers performing
      outside tasks necessary for safe operation of the vessel.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1916.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5105
      Section 5105 authorizes the Secretary of Transportation to
    provide for load line surveys and requires that while conducting a
    load line survey, the Secretary must consider various strength,
    stability, design, and construction features of the vessel.

-End-



-CITE-
    46 USC Sec. 5106                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5106. Load line certificate

-STATUTE-
      (a) On finding that a load line survey of a vessel under this
    chapter is satisfactory and that the vessel's load lines are marked
    correctly, the Secretary shall issue the vessel a load line
    certificate and deliver it to the owner, master, or individual in
    charge of the vessel.
      (b) The certificate shall be maintained as required by the
    Secretary.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1916.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5106
      Source: Section (U.S. Code) 46 App. U.S.C. 86c.
      Section 5106(a) requires the Secretary to issue a load line
    certificate upon finding that a vessel has received a satisfactory
    load line survey and that the vessel's load line is marked
    correctly.
      Section 5106(b) requires that the load line certificate be
    maintained as required by the Secretary of Transportation. It is
    expected that the Secretary will require in most cases that the
    certificate be carried on board the vessel. However, certain types
    of vessels such as barges do not have facilities for the carriage
    of certificates. In this case, this provision would give the
    Secretary the discretion to require that the certificates for the
    barges be carried on the towing vessels.

-End-



-CITE-
    46 USC Sec. 5107                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5107. Delegation of authority

-STATUTE-
      (a) The Secretary shall delegate to the American Bureau of
    Shipping or other similarly qualified organizations the authority
    to assign load lines, survey vessels, determine that load lines are
    marked correctly, and issue load line certificates under this
    chapter.
      (b) Under regulations prescribed by the Secretary, a decision of
    an organization delegated authority under subsection (a) of this
    section related to the assignment of a load line may be appealed to
    the Secretary.
      (c) For a vessel intended to be engaged on a foreign voyage, the
    Secretary may delegate to another country that is a party to the
    International Convention on Load Lines, 1966, the authority to
    assign load lines, survey vessels, determine that the load lines
    are marked correctly, and issue an International Load Line
    Certificate (1966).
      (d) The Secretary may terminate a delegation made under this
    section after giving written notice to the organization.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1916.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5107
      Source: Section (U.S. Code) 46 App. U.S.C. 86d, 88b.
      Section 5107(a) requires the Secretary to delegate the
    performance of various load line functions to the American Bureau
    of Shipping or other similarly qualified organizations. In
    providing for the delegation to a "similarly qualified
    organization," the Committee expects that the Secretary will ensure
    that that organization complies with the same stringent standards
    and requirements for conducting business that apply to the American
    Bureau of Shipping.
      Section 5107(b) permits an appeal to the Secretary of a decision
    by an organization that has received delegated authority. This
    ensures that the Secretary has full oversight of the delegated load
    line functions.
      Section 5107(c) permits the Secretary to delegate various load
    line functions to another country for vessels that are engaged on a
    foreign voyage, provided that the country is a party to the
    International Convention on Load Lines, 1966.
      Section 5107(d) clarifies the Secretary's authority to revoke a
    delegation at any time without cause. This authority is given so
    that no delay occurs administratively in revoking a delegation
    whenever the Secretary decides a revocation is warranted.

-End-



-CITE-
    46 USC Sec. 5108                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5108. Special exemptions

-STATUTE-
      (a) The Secretary may exempt a vessel from any part of this
    chapter when - 
        (1) the vessel is entitled to an exemption under an
      international agreement to which the United States Government is
      a party; or
        (2) under regulations (including regulations on special
      operations conditions) prescribed by the Secretary, the Secretary
      finds that good cause exists for granting an exemption.

      (b) When the Secretary grants an exemption under this section,
    the Secretary may issue a certificate of exemption stating the
    extent of the exemption.
      (c) A certificate of exemption issued under subsection (b) of
    this section shall be maintained as required by the Secretary.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1916.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5108
      Source: Section (U.S. Code) 46 App. U.S.C. 86e, 88a.
      Section 5108(a) authorizes the Secretary to exempt a vessel from
    load line requirements if the vessel is entitled to an exemption
    under an international agreement to which the United States is a
    party. It also provides the Secretary with the new authority to
    exempt a vessel from load line requirements if the Secretary finds
    that there is good reason for granting the exemption. A specific
    exemption from load line requirements was authorized in Public Law
    98-557 for barges operating close to shore between Calumet Harbor,
    Illinois and Burns Harbor, Indiana, because the geographic area and
    type of operation in this case did not warrant a requirement for
    load lines. Additional exemptions currently must be made by an Act
    of Congress. Section 5108(a) authorizes the Secretary to make such
    exemptions through regulation, and the Committee expects the
    Secretary to continue the exemption under this provision for
    vessels operating close to shore between Calumet Harbor, Illinois
    and Burns Harbor, Indiana.
      Section 5108(b) authorizes the Secretary to issue a certificate
    of exemption when an exemption is granted.
      Section 5108(c) requires that the certificate of exemption be
    maintained as required by the Secretary in a similar manner as
    under section 5106(b).

-End-



-CITE-
    46 USC Sec. 5109                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5109. Reciprocity for foreign vessels

-STATUTE-
      (a) When the Secretary finds that the laws and regulations of a
    foreign country related to load lines are similar to those of this
    chapter and the regulations prescribed under this chapter, or when
    a foreign country is a party to an international load line
    agreement to which the United States Government is a party, the
    Secretary shall accept the load line marks and certificate of a
    vessel of that foreign country as complying with this chapter and
    the regulations prescribed under this chapter. The Secretary may
    control the vessel as provided for in the applicable international
    agreement.
      (b) Subsection (a) of this section does not apply to a vessel of
    a foreign country that does not recognize load lines assigned under
    this chapter.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1917.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5109
      Source: Section (U.S. Code) 46 App. U.S.C. 86f, 88d.
      Section 5109(a) requires the Secretary to accept the load line
    mark and load line certificate of a vessel of a foreign country if
    the Secretary finds that the load line laws and regulations of that
    country are similar to those of this chapter, or if that country is
    a party to an international load line agreement to which the United
    States is a party.

-End-



-CITE-
    46 USC Sec. 5110                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5110. Submersible vessels

-STATUTE-
      Notwithstanding sections 5103-5105 of this title, the Secretary
    may prescribe regulations for submersible vessels to provide a
    minimum level of safety. In developing the regulations, the
    Secretary shall consider factors relevant to submersible vessels,
    including the structure, stability, and watertight integrity of
    those vessels.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1917.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5110
      Section 5110 authorizes the Secretary to prescribe regulations
    for the marking of load lines of submersible vessels. This general
    authority has been included in anticipation of the commercial
    development of submersibles.

-End-



-CITE-
    46 USC Sec. 5111                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5111. Providing loading information

-STATUTE-
      The Secretary may prescribe regulations requiring the owner,
    charterer, managing operator, and agent of a vessel to provide
    loading information (including information on loading distribution,
    stability, and margin of strength) to the master or individual in
    charge of the vessel in a language the master or individual
    understands.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1917.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Section 5111 authorizes the Secretary to prescribe regulations
    requiring that the master of a vessel be provided with loading and
    stability information for the vessel that the master understands.

-End-



-CITE-
    46 USC Sec. 5112                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5112. Loading restrictions

-STATUTE-
      (a) A vessel may not be loaded in a way that submerges the
    assigned load line or the place at which the load line is required
    to be marked on the vessel.
      (b) If the loading or stability conditions of a vessel change,
    the master or individual in charge of the vessel, before moving the
    vessel, shall record in the official logbook or other permanent
    record of the vessel - 
        (1) the position of the assigned load line relative to the
      water surface; and
        (2) the draft of the vessel fore and aft.

      (c) A vessel may be operated only if the loading distribution,
    stability, and margin of strength are adequate for the voyage or
    movement intended.
      (d) Subsections (a) and (b) of this section do not apply to a
    submersible vessel.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1917.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5112
      Source: Section (U.S. Code) 46 App. U.S.C. 86g, 88c, 88e.
      Section 5112(a) prohibits a vessel from being loaded in a manner
    that submerges its load line.
      Section 5112(b) requires that whenever the loading or stability
    conditions of a vessel change, the master or individual in charge
    of the vessel must record in the official logbook the position of
    the load line and the draft of the vessel.
      Section 5112(c) is a new provision that provides that a vessel
    may be operated only if the loading distribution, stability, and
    margin of strength are adequate for the intended voyage or
    movement.
      Section 5112(d) provides that subsections (a) and (b) do not
    apply to a submersible vessel.

-End-



-CITE-
    46 USC Sec. 5113                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5113. Detention of vessels

-STATUTE-
      (a) When the Secretary believes that a vessel is about to leave a
    place in the United States in violation of this chapter or a
    regulation prescribed under this chapter, the Secretary may detain
    the vessel by giving notice to the owner, charterer, managing
    operator, agent, master, or individual in charge of the vessel.
      (b) A detained vessel may be cleared under section 60105 of this
    title only after the violation has been corrected. If the vessel
    was cleared before being detained, the clearance shall be
    withdrawn.
      (c) Under regulations prescribed by the Secretary, the owner,
    charterer, managing operator, agent, master, or individual in
    charge of a detained vessel may petition the Secretary to review
    the detention order.
      (d) After reviewing a petition, the Secretary may affirm,
    withdraw, or change the detention order. Before acting on the
    petition, the Secretary may require any independent survey that may
    be necessary to determine the condition of the vessel.
      (e) The owner of a vessel is liable for the cost incident to a
    petition for review and any required survey if the vessel is found
    to be in violation of this chapter or a regulation prescribed under
    this chapter.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1918; Pub. L. 109-304, Sec. 15(20), Oct. 6, 2006, 120 Stat. 1703.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5113
      Source: Section (U.S. Code) 46 App. U.S.C. 86h, 88f.
      Section 5113 authorizes the Secretary to detain a vessel if the
    Secretary believes that the vessel is in violation of the load line
    requirements, and describes the process through which a vessel may
    be cleared. It also states that a vessel owner is liable for
    certain costs resulting from a petition for review and load line
    survey that is made pursuant to a violation of load line
    requirements.

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-304 substituted "section 60105 of
    this title" for "section 4197 of the Revised Statutes (46 App.
    U.S.C. 91)".

-End-



-CITE-
    46 USC Sec. 5114                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5114. Use of Customs Service officers and employees for
      enforcement

-STATUTE-
      (a) With the approval of the Secretary of the Treasury, the
    Secretary may use an officer or employee of the United States
    Customs Service to enforce this chapter and the regulations
    prescribed under this chapter.
      (b) The Secretary shall consult with the Secretary of the
    Treasury before prescribing a regulation that affects the
    enforcement responsibilities of an officer or employee of the
    Customs Service.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1918; Pub. L. 101-595, title VI, Sec. 603(4), Nov. 16, 1990, 104
    Stat. 2993.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5114
      Source: Section (U.S. Code) 46 App. U.S.C. 86
      Section 5114(a) authorizes the Secretary to use a Customs Service
    officer or employee to enforce load line requirements. The expected
    role of a Customs Service officer or employee in this regard is to
    ensure that a vessel is carrying a load line certificate and that
    the load line is not submerged.
      Section 5114(b) requires the Secretary to consult with the
    Secretary of the Treasury before prescribing a regulation that
    affects the enforcement responsibilities of a Customs Service
    officer or employee.

                                AMENDMENTS                            
      1990 - Pub. L. 101-595 substituted "officers and employees" for
    "officers employees" in section catchline.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 5115                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5115. Repealed.

-MISC1-
    [Sec. 5115. Repealed. Pub. L. 101-595, title VI, Sec. 603(5)(A),
      Nov. 16, 1990, 104 Stat. 2993].
      Section, Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986,
    100 Stat. 1918, authorized Secretary to prescribe regulations to
    carry out this chapter.

-End-



-CITE-
    46 USC Sec. 5116                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part C - Load Lines of Vessels
    CHAPTER 51 - LOAD LINES

-HEAD-
    Sec. 5116. Penalties

-STATUTE-
      (a) Except as otherwise provided in this section, the owner,
    charterer, managing operator, agent, master, and individual in
    charge of a vessel violating this chapter or a regulation
    prescribed under this chapter are each liable to the United States
    Government for a civil penalty of not more than $5,000. Each day of
    a continuing violation is a separate violation. The vessel also is
    liable in rem for the penalty.
      (b) The owner, charterer, managing operator, agent, master, and
    individual in charge of a vessel allowing, causing, attempting to
    cause, or failing to take reasonable care to prevent a violation of
    section 5112(a) of this title are each liable to the Government for
    a civil penalty of not more than $10,000 plus an additional amount
    equal to twice the economic benefit of the overloading. The vessel
    also is liable in rem for the penalty.
      (c) The master or individual in charge of a vessel violating
    section 5112(b) of this title is liable to the Government for a
    civil penalty of not more than $5,000. The vessel also is liable in
    rem for the penalty.
      (d) A person causing or allowing the departure of a vessel from a
    place within the jurisdiction of the United States in violation of
    a detention order issued under section 5113 of this title commits a
    class A misdemeanor.
      (e) A person causing or allowing the alteration, concealment, or
    removal of a mark placed on a vessel under section 5103(b) of this
    title and the regulations prescribed under this chapter, except to
    make a lawful change or to escape enemy capture in time of war,
    commits a class A misdemeanor.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.
    1918; Pub. L. 101-380, title IV, Sec. 4302(d), Aug. 18, 1990, 104
    Stat. 538.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 5116
      Source: Section (U.S. Code) 46 App. U.S.C. 86i, 88g.
      Section 5116 provides penalties for violations of load line
    requirements. The penalties are raised substantially from existing
    law to provide a sufficient deterrence against violations of the
    load line requirements and to conform with the level of penalties
    throughout the subtitle. The monetary penalties have not been
    changed since the 1930's.
      Section 5116(a) raises from $1,000 to $5,000 the maximum penalty
    for violation of a load line provision under this chapter or a
    regulation promulgated under this chapter.
      Section 5116(b) raises from $1,000 to $10,000 the maximum penalty
    for loading a vessel in such a way as to submerge the load line. In
    addition, a violator must pay up to two times the amount of the
    economic benefit of the overloading.
      Section 5116(c) raises from $500 to $5,000 the maximum penalty
    for a violation of the requirement in section 5112(b) that the load
    line position and draft of a vessel be noted in the logbook.
      Section 5116(a)-(c) also states that the vessel is liable in rem
    for the penalty.
      Section 5116(d) raises from $1,000 to $10,000 the maximum penalty
    for a violation of a detention order and may also include
    imprisonment for up to one year.
      Section 5116(e) raises from $2,000 to $10,000 the maximum penalty
    for the alteration, removal, or concealment of a load line mark and
    may also include imprisonment for two years.

                                AMENDMENTS                            
      1990 - Subsec. (d). Pub. L. 101-380, Sec. 4302(d)(1), substituted
    "commits a class A misdemeanor" for "shall be fined not more than
    $10,000, imprisoned for not more than one year, or both".
      Subsec. (e). Pub. L. 101-380, Sec. 4302(d)(2), substituted
    "commits a class A misdemeanor" for "shall be fined not more than
    $10,000, imprisoned for not more than 2 years, or both".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-


-CITE-
    46 USC Part D - Marine Casualties                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties

-HEAD-
                        PART D - MARINE CASUALTIES                    

-End-


-CITE-
    46 USC CHAPTER 61 - REPORTING MARINE CASUALTIES             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 61 - REPORTING MARINE CASUALTIES

-HEAD-
                 CHAPTER 61 - REPORTING MARINE CASUALTIES             

-MISC1-
    Sec.                                                     
    6101.       Marine casualties and reporting.                      
    6102.       State marine casualty reporting system.               
    6103.       Penalty.                                              
    6104.       Commercial fishing industry vessel casualty
                 statistics.                                          

                       HISTORICAL AND REVISION NOTES                   
      Chapter 61 provides for the reporting of marine casualties and
    incidents involving all United States flag vessels occurring
    anywhere in the world and any foreign flag vessel operating on
    waters subject to the jurisdiction of the United States.

                                AMENDMENTS                            
      1988 - Pub. L. 100-424, Sec. 4(c), Sept. 9, 1988, 102 Stat. 1591,
    added item 6104.

-End-



-CITE-
    46 USC Sec. 6101                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 61 - REPORTING MARINE CASUALTIES

-HEAD-
    Sec. 6101. Marine casualties and reporting

-STATUTE-
      (a) The Secretary shall prescribe regulations on the marine
    casualties to be reported and the manner of reporting. The
    regulations shall require reporting the following marine
    casualties:
        (1) death of an individual.
        (2) serious injury to an individual.
        (3) material loss of property.
        (4) material damage affecting the seaworthiness or efficiency
      of the vessel.
        (5) significant harm to the environment.

      (b) A marine casualty shall be reported within 5 days as provided
    in this part and regulations prescribed under this part. Each
    report filed under this section shall include information as to
    whether the use of alcohol contributed to the casualty.
      [(c) Repealed. Pub. L. 98-498, title II, Sec. 212(b)(1)(B), Oct.
    19, 1984, 98 Stat. 2306.]
      (d)(1) This part applies to a foreign vessel when involved in a
    marine casualty on the navigable waters of the United States.
      (2) This part applies, to the extent consistent with generally
    recognized principles of international law, to a foreign vessel
    constructed or adapted to carry, or that carries, oil in bulk as
    cargo or cargo residue involved in a marine casualty described
    under subsection (a)(4) or (5) in waters subject to the
    jurisdiction of the United States, including the Exclusive Economic
    Zone.
      (e) A marine casualty not resulting in the death of an individual
    shall be classified according to the gravity of the casualty, as
    prescribed by regulation, giving consideration to the extent of
    injuries to individuals, the extent of property damage, the dangers
    that the casualty creates, and the size, occupation, and means of
    propulsion of each vessel involved.
      (f)(1) This chapter applies to a marine casualty involving a
    United States citizen on a foreign passenger vessel operating south
    of 75 degrees north latitude, west of 35 degrees west longitude,
    and east of the International Date Line; or operating in the area
    south of 60 degrees south latitude that - 
        (A) embarks or disembarks passengers in the United States; or
        (B) transports passengers traveling under any form of air and
      sea ticket package marketed in the United States.

      (2) When there is a marine casualty described in paragraph (1) of
    this subsection and an investigation is conducted, the Secretary
    shall ensure that the investigation - 
        (A) is thorough and timely; and
        (B) produces findings and recommendations to improve safety on
      passenger vessels.

      (3) When there is a marine casualty described in paragraph (1) of
    this subsection, the Secretary may - 
        (A) seek a multinational investigation of the casualty under
      auspices of the International Maritime Organization; or
        (B) conduct an investigation of the casualty under chapter 63
      of this title.

      (g) To the extent consistent with generally recognized practices
    and procedures of international law, this part applies to a foreign
    vessel involved in a marine casualty or incident, as defined in the
    International Maritime Organization Code for the Investigation of
    Marine Casualties and Incidents, where the United States is a
    Substantially Interested State and is, or has the consent of, the
    Lead Investigating State under the Code.
      (h)(1) The Secretary shall publish all major marine casualty
    reports prepared in accordance with this section in an electronic
    form, and shall provide information electronically regarding how
    other marine casualty reports can be obtained.
      (2) For purposes of this paragraph, the term "major marine
    casualty" means a casualty involving a vessel, other than a public
    vessel, that results in - 
        (A) the loss of 6 or more lives;
        (B) the loss of a mechanically propelled vessel of 100 or more
      gross tons;
        (C) property damage initially estimated at $500,000 or more; or
        (D) serious threat, as determined by the Commandant of the
      Coast Guard with concurrence by the Chairman of the National
      Transportation Safety Board, to life, property, or the
      environment by hazardous materials.

      (i) The Secretary shall, as soon as possible, and no later than
    January 1, 2005, publish all marine casualty reports prepared in
    accordance with this section in an electronic form.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98-498, title
    II, Sec. 212(b)(1), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 98-557,
    Sec. 7(b)(1), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 101-380, title
    IV, Sec. 4106(b), Aug. 18, 1990, 104 Stat. 513; Pub. L. 102-241,
    Sec. 33, Dec. 19, 1991, 105 Stat. 2222; Pub. L. 107-295, title IV,
    Secs. 423, 442(a), Nov. 25, 2002, 116 Stat. 2125, 2132; Pub. L. 109-
    241, title IX, Sec. 901(o), July 11, 2006, 120 Stat. 565; Pub. L.
    109-304, Sec. 15(21), Oct. 6, 2006, 120 Stat. 1704.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    6101                                  46:239                        
                                          46:1486                       
                                          33:361                        
                                          33:365                        
    6101(b)                               33:362                        
    --------------------------------------------------------------------

      Section 6101(a) requires the Secretary to prescribe regulations
    on the types and manner of reporting of marine casualties to be
    reported under subsection (b) and incidents to be reported under
    subsection (c). The casualties to be reported must include
    casualties involving death to an individual, serious injury to an
    individual, material loss of property, and any damage affecting the
    seaworthiness or efficiency of the vessel, in addition to the other
    casualties (if any) the Secretary feels should be reported.
      Subsection (b) requires the owner, charterer, agent, master,
    operator, or individual in charge of a vessel to report within 5
    days, any casualty required in subsection (a) or by regulation.
      Subsection (c) requires the owner, charterer, managing operator,
    or agent of a U.S. vessel to immediately determine the status of
    their vessel if they have not heard from the vessel, if it has not
    passed a scheduled point, or for any other reason which may
    indicate the vessel may have been lost or imperiled. If the owner,
    charterer, managing operator, or agent cannot reach the vessel and
    determine that it is operating safely, then they shall immediately
    notify the Coast Guard and provide the Coast Guard with the name
    and number of the vessel, the names of individuals on board, and
    any other information that the Coast Guard may request. If
    communication with the vessel indicates the vessel was involved in
    a casualty, then the owner, charterer, or agent of the vessel must
    immediately notify the Coast Guard under subsection (b).
    Notification to the Coast Guard does not impose or create any
    additional responsibility for the Coast Guard to take search and
    rescue action beyond those already existing under title 14, United
    States Code.
      Subsection (d) makes it clear that the reporting requirements
    under subsection (b) are applicable to foreign vessels involved in
    a marine casualty when operating on the navigable waters of the
    United States, whether in innocent passage or not.
      Subsection (e) provides for the classification of marine
    casualties by regulation according to the gravity of the casualty,
    injuries to individuals, property damage, dangers created, and
    size, occupation, and means of propulsion of each vessel.

                                AMENDMENTS                            
      2006 - Subsecs. (g) to (i). Pub. L. 109-241 and Pub. L. 109-304
    amended section identically, redesignating the second subsec. (g),
    relating to electronic publishing of marine casualty reports, and
    subsec. (h) as (h) and (i), respectively.
      2002 - Subsecs. (e), (f). Pub. L. 107-295, Sec. 423(1),
    redesignated subsec. (e), relating to passenger vessel
    investigations, as subsec. (f).
      Subsec. (g). Pub. L. 107-295, Sec. 442(a), added subsec. (g)
    relating to electronic publishing of marine casualty reports.
      Pub. L. 107-295, Sec. 423(2), added subsec. (g) relating to
    applicability of this part to a foreign vessel involved in a marine
    casualty or incident.
      Subsec. (h). Pub. L. 107-295, Sec. 442(a), added subsec. (h).
      1991 - Subsec. (e). Pub. L. 102-241 added subsec. (e) relating to
    passenger vessel investigations.
      1990 - Subsec. (a)(5). Pub. L. 101-380, Sec. 4106(b)(1), added
    par. (5).
      Subsec. (d). Pub. L. 101-380, Sec. 4106(b)(2), designated
    existing provisions as par. (1) and added par. (2).
      1984 - Subsec. (a). Pub. L. 98-498, Sec. 212(b)(1)(A), struck out
    "and incidents" after "marine casualties" in provisions preceding
    par. (1).
      Subsec. (b). Pub. L. 98-557 inserted provisions relating to
    alcohol as a contributing factor to the casualty.
      Subsec. (c). Pub. L. 98-498, Sec. 212(b)(1)(B), struck out
    subsec. (c) which related to determination of status of a vessel
    that may be lost or imperiled and notification of the Coast Guard.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-295, title IV, Sec. 442(b), Nov. 25, 2002, 116 Stat.
    2132, provided that: "The amendment made by subsection (a)
    [amending this section] applies to all marine casualty reports
    completed after the date of enactment of this Act [Nov. 25, 2002]."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-498 effective 180 days after Oct. 1,
    1984, see section 214 of Pub. L. 98-498, set out as an Effective
    Date note under section 2306 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 6102                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 61 - REPORTING MARINE CASUALTIES

-HEAD-
    Sec. 6102. State marine casualty reporting system

-STATUTE-
      (a) The Secretary shall prescribe regulations for a uniform State
    marine casualty reporting system for vessels. Regulations shall
    prescribe the casualties to be reported and the manner of
    reporting. A State shall compile and submit to the Secretary
    reports, information, and statistics on casualties reported to the
    State, including information and statistics concerning the number
    of casualties in which the use of alcohol contributed to the
    casualty.
      (b) The Secretary shall collect, analyze, and publish reports,
    information, and statistics on marine casualties together with
    findings and recommendations the Secretary considers appropriate.
    If a State marine casualty reporting system provides that
    information derived from casualty reports (except statistical
    information) may not be publicly disclosed, or otherwise prohibits
    use by the State or any person in any action or proceeding against
    a person, the Secretary may use the information provided by the
    State only in the same way that the State may use the information.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98-557, Sec.
    7(b)(2), Oct. 30, 1984, 98 Stat. 2862.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    6102                                  46:1486                       
    --------------------------------------------------------------------

      Section 6102(a) requires the Secretary to prescribe regulations
    for a uniform State marine casualty reporting system for vessels.
    The Secretary may limit the scope and types of casualties to be
    investigated and reported by the State. It also requires the State
    to submit to the Secretary reports, information, and statistics on
    casualties reported to the State.
      Subsection (b) requires the Secretary to analyze the information
    that is received from the State. It also prohibits the Secretary
    from disclosing the information, proceeding against any person
    based on this information, or otherwise using the information, if
    the State cannot use the information in the same way.

                                AMENDMENTS                            
      1984 - Subsec. (a). Pub. L. 98-557 inserted provisions relating
    to alcohol as a contributing factor to the casualty.

                PLAN TO INCREASE MARINE CASUALTY REPORTING            
      Pub. L. 104-324, title III, Sec. 314(a), Oct. 19, 1996, 110 Stat.
    3922, provided that: "Not later than one year after enactment of
    this Act [Oct. 19, 1996], the Secretary of Transportation shall, in
    consultation with appropriate State agencies, submit to the
    Committee on Resources of the House of Representatives and the
    Committee on Commerce, Science, and Transportation of the Senate a
    plan to increase reporting of vessel accidents to appropriate State
    law enforcement officials."

-End-



-CITE-
    46 USC Sec. 6103                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 61 - REPORTING MARINE CASUALTIES

-HEAD-
    Sec. 6103. Penalty

-STATUTE-
      (a) An owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel failing to report a casualty as
    required under section 6101 of this title or a regulation
    prescribed under section 6101 or 6102 is liable to the United
    States Government for a civil penalty of not more than $25,000.
      (b) A person failing to comply with section 6104 of this title or
    a regulation prescribed under that section is liable to the
    Government for a civil penalty of not more than $5,000.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98-498, title
    II, Sec. 212(b)(2), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 100-424,
    Sec. 4(b), Sept. 9, 1988, 102 Stat. 1590; Pub. L. 104-324, title
    III, Secs. 306(a), 314(b), Oct. 19, 1996, 110 Stat. 3918, 3922.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    6103                                  33:361                        
                                          33:362                        
    --------------------------------------------------------------------

      Section 6103 provides for a civil penalty of $1,000 for any
    owner, charterer, managing operator, agent, master, or individual
    in charge of a vessel that fails to report a casualty required to
    be reported under subsection (b) of section 6101 or an incident
    required to be reported under subsection (c) of section 6101.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-324 inserted "or 6102" before "is
    liable" and substituted "not more than $25,000" for "$1,000".
      1988 - Pub. L. 100-424 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1984 - Pub. L. 98-498 struck out "or incident" after "a
    casualty".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-498 effective 180 days after Oct. 19,
    1984, see section 214 of Pub. L. 98-498, set out as an Effective
    Date note under section 2306 of this title.

-End-



-CITE-
    46 USC Sec. 6104                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 61 - REPORTING MARINE CASUALTIES

-HEAD-
    Sec. 6104. Commercial fishing industry vessel casualty statistics

-STATUTE-
      (a) The Secretary shall compile statistics concerning marine
    casualties from data compiled from insurers of fishing vessels,
    fish processing vessels, and fish tender vessels.
      (b) A person underwriting primary insurance for a fishing vessel,
    fish processing vessel, or fish tender vessel shall submit
    periodically to the Secretary data concerning marine casualties
    that is required by regulations prescribed by the Secretary.
      (c) After consulting with the insurance industry, the Secretary
    shall prescribe regulations under this section to gather a
    statistical base for analyzing vessel risks.
      (d) The Secretary may delegate to a qualified person that has
    knowledge and experience in the collection of statistical insurance
    data the authority of the Secretary under this section to compile
    statistics from insurers.

-SOURCE-
    (Added Pub. L. 100-424, Sec. 4(a), Sept. 9, 1988, 102 Stat. 1590.)

-End-


-CITE-
    46 USC CHAPTER 63 - INVESTIGATING MARINE CASUALTIES         01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-
               CHAPTER 63 - INVESTIGATING MARINE CASUALTIES           

-MISC1-
    Sec.                                                     
    6301.       Investigation of marine casualties.                   
    6302.       Public investigations.                                
    6303.       Rights of parties in interest.                        
    6304.       Subpena authority.                                    
    6305.       Reports of investigations.                            
    6306.       Penalty.                                              
    6307.       Notifications to Congress.                            
    6308.       Information barred in legal proceedings.              

                       HISTORICAL AND REVISION NOTES                   
      Chapter 63 sets forth the scope and procedures for the
    investigation of marine casualties and incidents that are required
    to be reported by Chapter 61, as well as the rights of parties
    involved in a casualty.

                                AMENDMENTS                            
      1996 - Pub. L. 104-324, title III, Sec. 313(b), Oct. 19, 1996,
    110 Stat. 3922, added item 6308.

-End-



-CITE-
    46 USC Sec. 6301                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-
    Sec. 6301. Investigation of marine casualties

-STATUTE-
      The Secretary shall prescribe regulations for the immediate
    investigation of marine casualties under this part to decide, as
    closely as possible - 
        (1) the cause of the casualty, including the cause of any
      death;
        (2) whether an act of misconduct, incompetence, negligence,
      unskillfulness, or willful violation of law committed by any
      individual licensed, certificated, or documented under part E of
      this subtitle has contributed to the cause of the casualty, or to
      a death involved in the casualty, so that appropriate remedial
      action under chapter 77 of this title may be taken;
        (3) whether an act of misconduct, incompetence, negligence,
      unskillfulness, or willful violation of law committed by any
      person, including an officer, employee, or member of the Coast
      Guard, contributed to the cause of the casualty, or to a death
      involved in the casualty;
        (4) whether there is evidence that an act subjecting the
      offender to a civil penalty under the laws of the United States
      has been committed, so that appropriate action may be undertaken
      to collect the penalty;
        (5) whether there is evidence that a criminal act under the
      laws of the United States has been committed, so that the matter
      may be referred to appropriate authorities for prosecution; and
        (6) whether there is need for new laws or regulations, or
      amendment or repeal of existing laws or regulations, to prevent
      the recurrence of the casualty.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 537.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    6301                                  46:239                        
    --------------------------------------------------------------------

      Section 6301 requires the Secretary to prescribe regulations for
    the immediate investigation of marine casualties in order to
    determine, as closely as possible, the cause of the casualty;
    whether the actions of individuals licensed, certificated, or
    documented have contributed to the cause of the casualty, whether
    the action of an individual in the Coast Guard contributed to the
    cause of the casualty, whether there is evidence that an act
    subjecting the offender to civil or criminal penalty has been
    committed, and whether there is a need for new laws or to amend or
    repeal existing laws or regulations in order to prevent a
    recurrence of the casualty.

                               CONSTRUCTION                           
      Pub. L. 98-89, Sec. 2(h), Aug. 26, 1983, 97 Stat. 599, provided
    that: "Chapter 63 of title 46 (as enacted by section 1 of this Act)
    does not supersede section 304(a)(1)(E) of the Independent Safety
    Board Act of 1974 (49 App. U.S.C. 1903(a)(1)(E)) [see 49 U.S.C.
    1131(a)(1)(E), (b)]."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 6302                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-
    Sec. 6302. Public investigations

-STATUTE-
      Each investigation conducted under this chapter and regulations
    prescribed under this chapter shall be open to the public, except
    when evidence affecting the national security is to be received.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 537.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    6302                                  ................              
                                           ..............................
    --------------------------------------------------------------------

      Section 6302 provides that each investigation conducted under
    this chapter shall be open to the public, except when evidence
    affecting the national security of the United States is to be
    received.

-End-



-CITE-
    46 USC Sec. 6303                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-
    Sec. 6303. Rights of parties in interest

-STATUTE-
      In an investigation conducted under this chapter, the following
    shall be allowed to be represented by counsel, to cross-examine
    witnesses, and to call witnesses:
        (1) an owner,
        (2) any holder of a license or certificate of registry,
        (3) any holder of a merchant mariner's document,
        (4) any other person whose conduct is under investigation, and
        (5) any other party in interest.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 537.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    6303                                  46:239(d)                     
    --------------------------------------------------------------------

      Section 6303 provides for the rights of parties in interest to an
    investigation by allowing them to be represented by counsel, to
    cross examine witnesses, and to call witnesses. This section merely
    states the rights of a party in interest but does not necessarily
    determine who is to be considered a party in interest. Clause (4)
    states that these rights are to be afforded to "any other person
    whose conduct is under investigation" (emphasis added). This
    implies that clauses (1) through (3) apply to individuals whose
    conduct is under investigation. If any individual does not qualify
    for these rights under clauses (1) through (4), that individual can
    still be entitled to these rights under clause (5), if designated
    as a party in interest. Since parties in interest are not clearly
    set out by statute, the Secretary has the authority to do this by
    regulation under section 6301. Thus the rights of these parties as
    presently provided for in existing law have been retained.

-End-



-CITE-
    46 USC Sec. 6304                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-
    Sec. 6304. Subpena authority

-STATUTE-
      (a) In an investigation under this chapter, the attendance and
    testimony of witnesses, including parties in interest, and the
    production of any evidence may be compelled by subpena. The subpena
    authority granted by this section is coextensive with that of a
    district court of the United States, in civil matters, for the
    district in which the investigation is conducted.
      (b) When a person fails to obey a subpena issued under this
    section, the district court of the United States for the district
    in which the investigation is conducted or in which the person
    failing to obey is found, shall on proper application issue an
    order directing that person to comply with the subpena. The court
    may punish as contempt any disobedience of its order.
      (c) A witness complying with a subpena issued under this section
    may be paid for actual travel and attendance at the rate provided
    for witnesses in the district courts of the United States.
      (d) An official designated to conduct an investigation under this
    part may issue subpenas as provided in this section and administer
    oaths to witnesses.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 538.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    6304                                  46:239(e)                     
                                          46:239(f)                     
    --------------------------------------------------------------------

      Section 6304 provides an officer investigating a marine casualty
    with the necessary subpena authority to require the attendance and
    testimony of witnesses and the production of evidence. It also
    authorizes a district court of the United States to direct
    compliance with a subpena.

-End-



-CITE-
    46 USC Sec. 6305                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-
    Sec. 6305. Reports of investigations

-STATUTE-
      (a) The Secretary shall prescribe regulations about the form and
    manner of reports of investigations conducted under this part.
      (b) Reports of investigations conducted under this part shall be
    made available to the public. This subsection does not require the
    release of information described by section 552(b) of title 5 or
    protected from disclosure by another law of the United States.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 538; Pub. L. 105-383, title
    III, Sec. 305, Nov. 13, 1998, 112 Stat. 3420.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    6305                                  46:239(g)                     
                                          46:239(k)                     
    --------------------------------------------------------------------

      Section 6305 requires the Secretary to prescribe regulations
    about the form and manner of reports of investigations of marine
    casualties. It also provides that the reports shall be available to
    the public, except for any information they contain related to
    national security.

                                AMENDMENTS                            
      1998 - Subsec. (b). Pub. L. 105-383 substituted ". This
    subsection does not require the release of information described by
    section 552(b) of title 5 or protected from disclosure by another
    law of the United States." for ", except to the extent that they
    contain information related to the national security."

-End-



-CITE-
    46 USC Sec. 6306                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-
    Sec. 6306. Penalty

-STATUTE-
      A person attempting to coerce a witness, or to induce a witness,
    to testify falsely in connection with a marine casualty, or to
    induce a witness to leave the jurisdiction of the United States,
    shall be fined $5,000, imprisoned for one year, or both.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 538.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    6306                                  46:239(i)                     
    --------------------------------------------------------------------

      Section 6306 provides for a $5,000 criminal penalty for anyone
    attempting to coerce or to induce a witness to a marine casualty
    investigation to testify falsely or to leave the jurisdiction of
    the United States.

-End-



-CITE-
    46 USC Sec. 6307                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-
    Sec. 6307. Notifications to Congress

-STATUTE-
      (a) The Secretary shall notify the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives
    of any hearing, before the hearing occurs, investigating a major
    marine casualty involving a death under section 6301 of this title.
      (b) The Secretary shall submit to a committee referred to in
    subsection (a) of this section information on a major marine
    casualty that is requested by that committee or the chairman of the
    committee if the submission of that information is not prohibited
    by a law of the United States.
      (c) The Secretary shall submit annually to Congress a summary of
    the marine casualties reported during the prior fiscal year,
    together with a brief statement of action taken concerning those
    casualties.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 538; Pub. L. 107-295, title
    IV, Sec. 408(c)(1), Nov. 25, 2002, 116 Stat. 2117.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    6307                                  46:239(j)                     
                                          33:366                        
    --------------------------------------------------------------------

      Subsection (a) requires the Secretary to notify the Merchant
    Marine and Fisheries Committee and the Senate Commerce Committee in
    advance of any hearing concerning a major marine accident (as
    defined by regulation) where there has been a loss of life.
      Subsection (b) requires the Coast Guard to supply the Merchant
    Marine and Fisheries Committee and the Senate Commerce Committee
    with any requested marine casualty information, if its release is
    not specifically prohibited by law.
      Subsection (c) requires the Secretary to submit an annual report
    to Congress summarizing the marine casualties reported during the
    prior fiscal year, with a brief statement of action taken
    concerning those casualties.

                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-295 substituted "Transportation
    and Infrastructure" for "Merchant Marine and Fisheries".

-End-



-CITE-
    46 USC Sec. 6308                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part D - Marine Casualties
    CHAPTER 63 - INVESTIGATING MARINE CASUALTIES

-HEAD-
    Sec. 6308. Information barred in legal proceedings

-STATUTE-
      (a) Notwithstanding any other provision of law, no part of a
    report of a marine casualty investigation conducted under section
    6301 of this title, including findings of fact, opinions,
    recommendations, deliberations, or conclusions, shall be admissible
    as evidence or subject to discovery in any civil or administrative
    proceedings, other than an administrative proceeding initiated by
    the United States.
      (b) Any member or employee of the Coast Guard investigating a
    marine casualty pursuant to section 6301 of this title shall not be
    subject to deposition or other discovery, or otherwise testify in
    such proceedings relevant to a marine casualty investigation,
    without the permission of the Secretary. The Secretary shall not
    withhold permission for such employee or member to testify, either
    orally or upon written questions, on solely factual matters at a
    time and place and in a manner acceptable to the Secretary if the
    information is not available elsewhere or is not obtainable by
    other means.
      (c) Nothing in this section prohibits the United States from
    calling the employee or member as an expert witness to testify on
    its behalf. Further, nothing in this section prohibits the employee
    or member from being called as a fact witness in any case in which
    the United States is a party. If the employee or member is called
    as an expert or fact witness, the applicable Federal Rules of Civil
    Procedure govern discovery. If the employee or member is called as
    a witness, the report of a marine casualty investigation conducted
    under section 6301 of this title shall not be admissible, as
    provided in subsections (a) and (b), and shall not be considered
    the report of an expert under the Federal Rules of Civil Procedure.
      (d) The information referred to in subsections (a), (b), and (c)
    of this section shall not be considered an admission of liability
    by the United States or by any person referred to in those
    conclusions and statements.

-SOURCE-
    (Added Pub. L. 104-324, title III, Sec. 313(a), Oct. 19, 1996, 110
    Stat. 3921; amended Pub. L. 109-241, title IX, Sec. 902(e)(2)-(4),
    July 11, 2006, 120 Stat. 567.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec. (c),
    are set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-241, Sec. 902(e)(2)(B), added
    subsec. (a) and struck out former subsec. (a) which read as
    follows: "Notwithstanding any other provision of law, no part of a
    report of a marine casualty investigation conducted under section
    6301 of this title, including findings of fact, opinions,
    recommendations, deliberations, or conclusions, shall be admissible
    as evidence or subject to discovery in any civil or administrative
    proceedings, other than an administrative proceeding initiated by
    the United States. Any employee of the Department of
    Transportation, and any member of the Coast Guard, investigating a
    marine casualty pursuant to section 6301 of this title, shall not
    be subject to deposition or other discovery, or otherwise testify
    in such proceedings relevant to a marine casualty investigation,
    without the permission of the Secretary of Transportation. The
    Secretary shall not withhold permission for such employee or member
    to testify, either orally or upon written questions, on solely
    factual matters at a time and place and in a manner acceptable to
    the Secretary if the information is not available elsewhere or is
    not obtainable by other means."
      Subsec. (b). Pub. L. 109-241, Sec. 902(e)(2)(B), added subsec.
    (b). Former subsec. (b) redesignated (c).
      Subsec. (c). Pub. L. 109-241, Sec. 902(e)(2)(A), (3),
    redesignated subsec. (b) as (c) and substituted "subsections (a)
    and (b)" for "subsection (a)". Former subsec. (c) redesignated (d).
      Subsec. (d). Pub. L. 109-241, Sec. 902(e)(2)(A), (4),
    redesignated subsec. (c) as (d) and substituted "subsections (a),
    (b), and (c)" for "subsections (a) and (b)".

-End-


-CITE-
    46 USC Part E - Merchant Seamen Licenses, Certificates,
                     and Documents                         01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents

-HEAD-
      PART E - MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS  


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Part E establishes the authority for the Coast Guard to issue,
    suspend, and revoke licenses, certificates of registry, and
    merchant mariner's documents for individuals who are to be engaged
    on vessels of the United States.

                                AMENDMENTS                            
      1985 - Pub. L. 99-36, Sec. 1(a)(9)(B), May 15, 1985, 99 Stat. 67,
    substituted "Merchant Seamen Licenses, Certificates, and" for
    "Licenses, Certificates, and Merchant Mariners' " in part E
    heading.

-End-


-CITE-
    46 USC CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY    01/03/2007 

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
            CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY        

-MISC1-
    Sec.                                                     
    7101.       Issuing and classifying licenses and certificates of
                 registry.                                            
    7102.       Citizenship.                                          
    7103.       Licenses for radio officers.                          
    7104.       Certificates for medical doctors and nurses.          
    7105.       Oaths.                                                
    7106.       Duration of licenses.                                 
    7107.       Duration of certificates of registry.                 
    7108.       Termination of licenses and certificates of registry. 
    7109.       Review of criminal records.                           
    7110.       Exhibiting licenses.                                  
    7111.       Oral examinations for licenses.                       
    7112.       Licenses of masters or mates as pilots.               
    7113.       Exemption from draft.                                 
    7114.       Fees.                                                 

                                AMENDMENTS                            
      1990 - Pub. L. 101-380, title IV, Sec. 4102(e)(2), Aug. 18, 1990,
    104 Stat. 510, substituted "Review of criminal records" for
    "Renewal of licenses" in item 7109.
      1984 - Pub. L. 98-364, title IV, Sec. 402(8)(A), July 17, 1984,
    98 Stat. 447, substituted "Oral examinations for licenses" for
    "Licenses for fishing vessels not subject to inspection" in item
    7111.

-End-



-CITE-
    46 USC Sec. 7101                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7101. Issuing and classifying licenses and certificates of
      registry

-STATUTE-
      (a) Licenses and certificates of registry are established for
    individuals who are required to hold licenses or certificates under
    this subtitle.
      (b) Under regulations prescribed by the Secretary, the Secretary -
     
        (1) issues the licenses and certificates of registry; and
        (2) may classify the licenses and certificates of registry as
      provided in subsections (c) and (f) of this section, based on - 
          (A) the tonnage, means of propulsion, and horsepower of
        machine-propelled vessels;
          (B) the waters on which vessels are to be operated; or
          (C) other reasonable standards.

      (c) The Secretary may issue licenses in the following classes to
    applicants found qualified as to age, character, habits of life,
    experience, professional qualifications, and physical fitness:
        (1) masters, mates, and engineers.
        (2) pilots.
        (3) operators.
        (4) radio officers.

      (d) In classifying individuals under subsection (c)(1) of this
    section, the Secretary shall establish, when possible, suitable
    career patterns and service and other qualifying requirements
    appropriate to the particular service or industry in which the
    individuals are engaged.
      (e) An individual may be issued a license under subsection (c)(2)
    of this section only if the applicant - 
        (1) is at least 21 years of age;
        (2) is of sound health and has no physical limitations that
      would hinder or prevent the performance of a pilot's duties;
        (3) has a thorough physical examination each year while holding
      the license, except that this requirement does not apply to an
      individual who will serve as a pilot only on a vessel of less
      than 1,600 gross tons as measured under section 14502 of this
      title, or an alternate tonnage measured under section 14302 of
      this title as prescribed by the Secretary under section 14104 of
      this title;
        (4) demonstrates, to the satisfaction of the Secretary, that
      the applicant has the requisite general knowledge and skill to
      hold the license;
        (5) demonstrates proficiency in the use of electronic aids to
      navigation;
        (6) maintains adequate knowledge of the waters to be navigated
      and knowledge of regulations for the prevention of collisions in
      those waters;
        (7) has sufficient experience, as decided by the Secretary, to
      evidence ability to handle any vessel of the type and size which
      the applicant may be authorized to pilot; and
        (8) meets any other requirement the Secretary considers
      reasonable and necessary.

      (f) The Secretary may issue certificates of registry in the
    following classes to applicants found qualified as to character,
    knowledge, skill, and experience:
        (1) pursers.
        (2) medical doctors.
        (3) professional nurses.

      (g) The Secretary may not issue a license or certificate of
    registry under this section unless an individual applying for the
    license or certificate makes available to the Secretary, under
    section 206(b)(7) of the National Driver Register Act of 1982 (23
    U.S.C. 401 note), any information contained in the National Driver
    Register related to an offense described in section 205(a)(3)(A) or
    (B) of that Act committed by the individual.
      (h) The Secretary may review the criminal record of an individual
    who applies for a license or certificate of registry under this
    section.
      (i) The Secretary shall require the testing of an individual who
    applies for issuance or renewal of a license or certificate of
    registry under this chapter for use of a dangerous drug in
    violation of law or Federal regulation.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 539; Pub. L. 98-557, Sec.
    29(a), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 101-380, title IV,
    Sec. 4101(a), Aug. 18, 1990, 104 Stat. 509; Pub. L. 104-324, title
    VII, Sec. 720, Oct. 19, 1996, 110 Stat. 3938.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7101                                  46:214                        
                                          46:224                        
                                          46:226                        
                                          46:228                        
                                          46:229                        
                                          46:229a                       
                                          46:229b                       
                                          46:242                        
                                          46:243                        
                                          46:244                        
                                          46:247                        
    --------------------------------------------------------------------

      Section 7101(a) provides the authority for the establishment of
    licenses and certificates of registry for officers and individuals
    operating vessels who are required to hold them under Subtitle II.
      Subsection (b) authorizes the Secretary to issue licenses and
    certificates of registry based on tonnage, means of propulsion,
    horsepower, vessel operating area, and other reasonable standards.
      Subsection (c) authorizes the Secretary to issue licenses to
    masters, mates, engineers, pilots, operators, and radio officers
    when found qualified as to age, character, habits of life,
    experience, professional qualifications, and physical fitness.
    These qualifying standards must by necessity be reasonable and
    related to the rigors of the profession.
      Subsection (d) requires the Secretary to establish, when
    possible, suitable career patterns and service for and other
    qualifying requirements appropriate to the particular service or
    industry for the individuals so engaged.
      Subsection (e) sets forth the requirements that pilots must meet
    before being issued a license.
      Subsection (f) authorizes the Secretary to issue certificates of
    registry to qualified individuals as pursers, medical doctors, and
    professional nurses.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 205(a)(3)(A) or (B) and 206(b)(7) of the National Driver
    Register Act of 1982, referred to in subsec. (g), are sections
    205(a)(3)(A), (B) and 206(b)(7) of Pub. L. 97-364, which are set
    out as a note under section 401 of Title 23, Highways.


-MISC2-
                                AMENDMENTS                            
      1996 - Subsec. (e)(3). Pub. L. 104-324 inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "1,600 gross tons".
      1990 - Subsecs. (g) to (i). Pub. L. 101-380 added subsecs. (g) to
    (i).
      1984 - Subsec. (e)(3). Pub. L. 98-557 inserted exemption for
    pilots on a vessel of less than 1,600 gross tons.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

         PLAN FOR LICENSING OPERATORS OF FISHING INDUSTRY VESSELS     
      Pub. L. 100-424, Sec. 3, Sept. 9, 1988, 102 Stat. 1590, provided
    that: "The Secretary of the department in which the Coast Guard is
    operating shall, within two years after the date of enactment of
    this Act [Sept. 9, 1988], and in close consultation with the
    Commercial Fishing Industry Vessel Advisory Committee established
    under section 4508 of title 46, United States Code (as amended by
    this Act), prepare and submit to the Congress a plan for the
    licensing of operators of documented fishing, fish processing, and
    fish tender vessels. The plan shall take into consideration the
    nature and variety of the different United States fisheries and of
    the vessels engaged in those fisheries, the need to license all
    operators or only those working in certain types of fisheries or
    vessels, and other relevant factors."

-End-



-CITE-
    46 USC Sec. 7102                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7102. Citizenship

-STATUTE-
      Licenses and certificates of registry for individuals on
    documented vessels may be issued only to citizens of the United
    States.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7102                                  46:242                        
                                          46:1132(a)                    
    --------------------------------------------------------------------

      Section 7102 requires that any individual issued a license or
    certificate of registry allowing the individual to be engaged on a
    documented vessel must be a U.S. citizen.

-End-



-CITE-
    46 USC Sec. 7103                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7103. Licenses for radio officers

-STATUTE-
      (a) A license as radio officer may be issued only to an applicant
    who has a first-class or second-class radiotelegraph operator
    license issued by the Federal Communications Commission.
      (b) Except as provided in section 7318 of this title, this part
    does not affect the status of radiotelegraph operators serving on
    board vessels operating only on the Great Lakes.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7103                                  46:229a                       
                                          46:229b                       
                                          46:229g                       
    --------------------------------------------------------------------

      Section 7103 requires an applicant for a license as a radio
    officer to have, as a prerequisite, a first-class or second-class
    radiotelegraph operator license issued by the Federal
    Communications Commission (FCC). It also excepts radiotelegraph
    operators that are engaged on Great Lakes vessels from the
    requirement of having to obtain a radio officer's license.

-End-



-CITE-
    46 USC Sec. 7104                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7104. Certificates for medical doctors and nurses

-STATUTE-
      A certificate of registry as a medical doctor or professional
    nurse may be issued only to an applicant who has a license as a
    medical doctor or registered nurse, respectively, issued by a
    State.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7104                                  46:243                        
    --------------------------------------------------------------------

      Section 7104 requires an applicant for a certificate of registry
    as a medical doctor or professional nurse to have, as a
    prerequisite, a license as a medical doctor or registered nurse
    issued by a State.

-End-



-CITE-
    46 USC Sec. 7105                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7105. Oaths

-STATUTE-
      An applicant for a license or certificate of registry shall take,
    before the issuance of the license or certificate, an oath before a
    designated official, without concealment or reservation, that the
    applicant will perform faithfully and honestly, according to the
    best skill and judgment of the applicant, all the duties required
    by law.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7105                                  46:229e                       
                                          46:231                        
                                          46:244                        
    --------------------------------------------------------------------

      Section 7105 requires all individuals who wish to be issued a
    license or certificate of registry to take an oath before a
    government official that they will perform all the duties required
    by law according to their best skill and judgment.

-End-



-CITE-
    46 USC Sec. 7106                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7106. Duration of licenses

-STATUTE-
      A license issued under this part is valid for 5 years and may be
    renewed for additional 5-year periods. However, the validity of a
    license issued to a radio officer is conditioned on the continuous
    possession by the holder of a first-class or second-class
    radiotelegraph operator license issued by the Federal
    Communications Commission.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101-380, title
    IV, Sec. 4102(a), Aug. 18, 1990, 104 Stat. 509.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7106                                  46:214(c)                     
                                          46:225                        
                                          46:226                        
                                          46:228                        
                                          46:229                        
                                          46:229c                       
    --------------------------------------------------------------------

      Section 7106 sets a 5 year time limit on the validity of a
    license. It also requires a licensed radio officer to be in
    continuous possession of an FCC license.

                                AMENDMENTS                            
      1990 - Pub. L. 101-380 inserted "and may be renewed for
    additional 5-year periods" after "for 5 years".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

      TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCUMENTS;
                      APPLICABILITY OF 1990 AMENDMENT
      Pub. L. 101-380, title IV, Sec. 4102(d), Aug. 18, 1990, 104 Stat.
    510, provided that: "A license, certificate of registry, or
    merchant mariner's document issued before the date of the enactment
    of this section [Aug. 18, 1990] terminates on the day it would have
    expired if - 
        "(1) subsections (a), (b), and (c) [amending this section and
      sections 7107 and 7302 of this title] were in effect on the date
      it was issued; and
        "(2) it was renewed at the end of each 5-year period under
      section 7106, 7107, or 7302 of title 46, United States Code."

-End-



-CITE-
    46 USC Sec. 7107                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7107. Duration of certificates of registry

-STATUTE-
      A certificate of registry issued under this part is valid for 5
    years and may be renewed for additional 5-year periods. However,
    the validity of a certificate issued to a medical doctor or
    professional nurse is conditioned on the continuous possession by
    the holder of a license as a medical doctor or registered nurse,
    respectively, issued by a State.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101-380, title
    IV, Sec. 4102(b), Aug. 18, 1990, 104 Stat. 509.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7107                                  46:243                        
    --------------------------------------------------------------------

      Section 7107 specifies that there is no time limit on the
    validity of a certificate of registry issued to a medical doctor or
    a professional nurse but is conditioned on the continuous
    possession of the appropriate license issued by a State.

                                AMENDMENTS                            
      1990 - Pub. L. 101-380 substituted "is valid for 5 years and may
    be renewed for additional 5-year periods" for "is not limited in
    duration".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

      TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCUMENTS;
                      APPLICABILITY OF 1990 AMENDMENT
      For provisions that a certificate of registry issued before Aug.
    18, 1990, terminates on the day it would have expired if the
    amendment to this section by Pub. L. 101-380 were in effect on date
    it was issued and was renewed at the end of each 5-year period
    under this section, see section 4102(d) of Pub. L. 101-380, set out
    as a note under section 7106 of this title.

-End-



-CITE-
    46 USC Sec. 7108                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7108. Termination of licenses and certificates of registry

-STATUTE-
      When the holder of a license or certificate of registry, the
    duration of which is conditioned under section 7106 or 7107 of this
    title, fails to hold the license required as a condition, the
    license or certificate of registry issued under this part is
    terminated.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7108                                  46:229c                       
                                          46:243                        
    --------------------------------------------------------------------

      Section 7108 specifies if any individual issued a license or
    certificate of registry fails to have the required FCC or
    appropriate State medical license, the license or certificate is
    automatically terminated. The suspension and revocation procedures
    provided in chapter 77 are not applicable in these cases.

-End-



-CITE-
    46 USC Sec. 7109                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7109. Review of criminal records

-STATUTE-
      The Secretary may review the criminal record of each holder of a
    license or certificate of registry issued under this part who
    applies for renewal of that license or certificate of registry.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101-380, title
    IV, Sec. 4102(e)(1), Aug. 18, 1990, 104 Stat. 510.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7109                                  46:225                        
                                          46:233                        
    --------------------------------------------------------------------

      Section 7109 authorizes the Secretary to renew licenses and
    certificates of registry for additional 5 year periods.

                                AMENDMENTS                            
      1990 - Pub. L. 101-380 substituted "Review of criminal records"
    for "Renewal of licenses" in section catchline and amended text
    generally. Prior to amendment, text read as follows: "A license
    issued under this part may be renewed for additional 5-year
    periods."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-



-CITE-
    46 USC Sec. 7110                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7110. Exhibiting licenses

-STATUTE-
      Each holder of a license issued under this part shall display,
    within 48 hours after employment on a vessel for which that license
    is required, the license in a conspicuous place on the vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7109                                  46:229f                       
                                          46:232                        
    --------------------------------------------------------------------

      Section 7110 requires licensed individuals to display the license
    in a conspicuous place on the vessel within 48 hours after they are
    employed.

-End-



-CITE-
    46 USC Sec. 7111                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7111. Oral examinations for licenses

-STATUTE-
      An individual may take an oral examination for a license to serve
    on a fishing, fish processing, or fish tender vessel not required
    to be inspected under part B of this subtitle.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541; Pub. L. 98-364, title
    IV, Sec. 402(8)(B), July 17, 1984, 98 Stat. 447; Pub. L. 99-307,
    Sec. 1(10), May 19, 1986, 100 Stat. 445.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7109                                  46:224a(2)                    
    --------------------------------------------------------------------

      Section 7111 provides for oral tests for licenses for individuals
    on fishing vessels that are not required to be inspected under part
    B.

                                AMENDMENTS                            
      1986 - Pub. L. 99-307 substituted "part" for "Part".
      1984 - Pub. L. 98-364 substituted in section catchline "Oral
    examinations for licenses" for "Licenses for fishing vessels not
    subject to inspection" and in text "An individual may take an oral
    examination for a license to serve on a fishing, fish processing,
    or fish tender vessel not required to be inspected under Part B of
    this subtitle" for "Examinations for licensing individuals on
    fishing vessels not required to be inspected under part B of this
    subtitle shall be oral".

-End-



-CITE-
    46 USC Sec. 7112                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7112. Licenses of masters or mates as pilots

-STATUTE-
      A master or mate licensed under this part who also qualifies as a
    pilot is not required to hold 2 licenses. Instead, the
    qualification of the master or mate as pilot shall be endorsed on
    the master's or mate's license.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7112                                  46:230                        
    --------------------------------------------------------------------

      Section 7112 provides for the endorsement of a master's or mate's
    license as a pilot if they meet those specifications. These
    individuals do not have to hold two separate licenses.

-End-



-CITE-
    46 USC Sec. 7113                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7113. Exemption from draft

-STATUTE-
      A licensed master, mate, pilot, or engineer of a vessel inspected
    under part B of this subtitle, propelled by machinery or carrying
    hazardous liquid cargoes in bulk, is not liable to draft in time of
    war, except for performing duties authorized by the license. When
    performing those duties in the service of the United States
    Government, the master, mate, pilot, or engineer is entitled to the
    highest rate of wages paid in the merchant marine of the United
    States for similar services. If killed or wounded when performing
    those duties, the master, mate, pilot, or engineer, or the heirs or
    legal representatives of the master, mate, pilot, or engineer, are
    entitled to all the privileges under the pension laws of the United
    States provided to members of the Armed Forces.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7113                                  46:225                        
    --------------------------------------------------------------------

      Section 7113 exempts licensed masters, mates, pilots, and
    engineers of inspected vessels that are propelled by machinery or
    carrying hazardous liquid cargo from the Selective Service draft in
    time of war.
      This section also provides that, while serving in that capacity
    during war, they shall be entitled to the highest rate of pay paid
    in the U.S. merchant marine for similar services.
      If a master, mate, pilot, or engineer is killed or wounded when
    performing those duties during a war, these individuals, their
    heirs or legal representatives, are entitled to all the privileges
    provided to members of the Armed Forces under the pension laws of
    the United States.

-End-



-CITE-
    46 USC Sec. 7114                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY

-HEAD-
    Sec. 7114. Fees

-STATUTE-
      The Secretary may prescribe by regulation reasonable fees for the
    inspection of and the issuance of a certificate, license, or permit
    related to small passenger vessels and sailing school vessels.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7114                                  46:390a(b)                    
    --------------------------------------------------------------------

      Section 7114 allows the Secretary to prescribe reasonable fees
    for the issuance of a certificate of inspection, license, or
    registry, or permits related to small passenger vessels and sailing
    school vessels.

-End-


-CITE-
    46 USC CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
                 CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS             

-MISC1-
    Sec.                                                     
    7301.       General.                                              
    7302.       Issuing merchant mariners' documents and continuous
                 discharge books.                                     
    7303.       Possession and description of merchant mariners'
                 documents.                                           
    7304.       Citizenship notation on merchant mariners' documents. 
    7305.       Oaths for holders of merchant mariners' documents.    
    7306.       General requirements and classifications for able
                 seamen.                                              
    7307.       Able seamen - unlimited.                              
    7308.       Able seamen - limited.                                
    7309.       Able seamen - special.                                
    7310.       Able seamen - offshore supply vessels.                
    7311.       Able seamen - sail.                                   
    7311a.      Able seamen - fishing industry.                       
    7312.       Scale of employment.                                  
    7313.       General requirements for members of engine
                 departments.                                         
    7314.       Service requirements for qualified members of engine
                 departments.                                         
    7315.       Training.                                             
    7316.       Lifeboatmen.                                          
    7317.       Tankermen.                                            
    7318.       Radiotelegraph operators on Great Lakes.              
    7319.       Records of merchant mariners' documents.              

                       HISTORICAL AND REVISION NOTES                   
      Chapter 73 establishes the general requirements for the issuance
    of a merchant mariners' document to those individuals who are
    required to have a document prior to engagement or employment on
    certain vessels of the United States.

                                AMENDMENTS                            
      1984 - Pub. L. 98-364, title IV, Sec. 402(9)(A), July 17, 1984,
    98 Stat. 448, added item 7311a.

-End-



-CITE-
    46 USC Sec. 7301                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7301. General

-STATUTE-
      (a) In this chapter - 
        (1) "service on deck" means service in the deck department in
      work related to the work usually performed on board vessels by
      able seamen and may include service on fishing, fish processing,
      fish tender vessels and on public vessels of the United States;
        (2) 360 days is equal to one year's service; and
        (3) a day is equal to 8 hours of labor or duty.

      (b) The Secretary may prescribe regulations to carry out this
    chapter.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541; Pub. L. 98-364, title
    IV, Sec. 402(9)(B), July 17, 1984, 98 Stat. 448.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7301                                  46:672(c)                     
    --------------------------------------------------------------------

      Section 7301 defines "service on deck", "one year's service" and
    "day" with respect to the qualifying time for the issuance of
    various types of endorsements as able seamen. This section also
    provides the Secretary with the authority to prescribe regulations
    to carry out this chapter.

                                AMENDMENTS                            
      1984 - Subsec. (a)(1). Pub. L. 98-364 substituted "fishing, fish
    processing, fish tender vessels" for "decked fishing vessels".

-End-



-CITE-
    46 USC Sec. 7302                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7302. Issuing merchant mariners' documents and continuous
      discharge books

-STATUTE-
      (a) The Secretary shall issue a merchant mariner's document to an
    individual required to have that document under part F of this
    subtitle if the individual satisfies the requirements of this part.
    The document serves as a certificate of identification and as a
    certificate of service, specifying each rating in which the holder
    is qualified to serve on board vessels on which that document is
    required under part F.
      (b) The Secretary also may issue a continuous discharge book to
    an individual issued a merchant mariner's document if the
    individual requests.
      (c) The Secretary may not issue a merchant mariner's document
    under this chapter unless the individual applying for the document
    makes available to the Secretary, under section 30305(b)(5) of
    title 49, any information contained in the National Driver Register
    related to an offense described in section 30304(a)(3)(A) or (B) of
    title 49 committed by the individual.
      (d) The Secretary may review the criminal record of an individual
    who applies for a merchant mariner's document under this section.
      (e) The Secretary shall require the testing of an individual
    applying for issuance or renewal of a merchant mariner's document
    under this chapter for the use of a dangerous drug in violation of
    law or Federal regulation.
      (f) Except as provided in subsection (g), a merchant mariner's
    document issued under this chapter is valid for 5 years and may be
    renewed for additional 5-year periods.
      (g)(1) The Secretary may, pending receipt and review of
    information required under subsections (c) and (d), immediately
    issue an interim merchant mariner's document valid for a period not
    to exceed 120 days, to - 
        (A) an individual to be employed as gaming personnel,
      entertainment personnel, wait staff, or other service personnel
      on board a passenger vessel not engaged in foreign service, with
      no duties, including emergency duties, related to the navigation
      of the vessel or the safety of the vessel, its crew, cargo or
      passengers; or
        (B) an individual seeking renewal of, or qualifying for a
      supplemental endorsement to, a valid merchant mariner's document
      issued under this section.

      (2) No more than one interim document may be issued to an
    individual under paragraph (1)(A) of this subsection.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 101-380, title
    IV, Secs. 4101(b), 4102(c), Aug. 18, 1990, 104 Stat. 509; Pub. L.
    107-295, title III, Sec. 324(a), Nov. 25, 2002, 116 Stat. 2104;
    Pub. L. 108-293, title VI, Sec. 609(1), Aug. 9, 2004, 118 Stat.
    1058; Pub. L. 109-241, title IX, Sec. 901(h)(1), (2), July 11,
    2006, 120 Stat. 564.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7302                                  46:239a(c)                    
                                          46:643(a)                     
                                          46:643(c)                     
                                          46:672(i)                     
    --------------------------------------------------------------------

      Section 7302(a) requires the Secretary to issue a merchant
    mariner's document to qualified individuals required to have that
    document as a prerequisite to employment on certain vessels of the
    United States. The purpose of the document is to serve as positive
    identification and to specify each rating in which the individual
    is qualified to serve on vessels.
      Subsection (b) allows the Secretary to issue a continuous
    discharge book to an individual who requests a book.

                                AMENDMENTS                            
      2006 - Subsec. (c). Pub. L. 109-241, Sec. 901(h)(1), amended
    directory language of Pub. L. 108-293, Sec. 609(1). See 2004
    Amendment note below.
      Pub. L. 109-241, Sec. 901(h)(2), inserted "section" before
    "30305(b)(5)" and before "30304(a)(3)(A)".
      2004 - Subsec. (c). Pub. L. 108-293, Sec. 609(1), as amended by
    Pub. L. 109-241, Sec. 901(h)(1), substituted "30305(b)(5) of title
    49" for "section 206(b)(7) of the National Driver Register Act of
    1982 (23 U.S.C. 401 note)" and "30304(a)(3)(A) or (B) of title 49"
    for "section 205(a)(3)(A) or (B) of that Act".
      2002 - Subsec. (f). Pub. L. 107-295, Sec. 324(a)(1), substituted
    "Except as provided in subsection (g), a" for "A".
      Subsec. (g). Pub. L. 107-295, Sec. 324(a)(2), added subsec. (g).
      1990 - Subsecs. (c) to (e). Pub. L. 101-380, Sec. 4101(b), added
    subsecs. (c) to (e).
      Subsec. (f). Pub. L. 101-380, Sec. 4102(c), added subsec. (f).

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-241, title IX, Sec. 901(h)(1), July 11, 2006, 120
    Stat. 564, provided that the amendment made by section 901(h)(1) is
    effective Aug. 9, 2004.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

                MERCHANT MARINERS' DOCUMENTS PILOT PROGRAM            
      Pub. L. 108-293, title VI, Sec. 611, Aug. 9, 2004, 118 Stat.
    1058, provided that: "The Secretary of the department in which the
    Coast Guard is operating may conduct a pilot program to demonstrate
    methods to improve processes and procedures for issuing merchant
    mariners' documents."

      TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCUMENTS;
                      APPLICABILITY OF 1990 AMENDMENT
      For provisions that a merchant mariner's document issued before
    Aug. 18, 1990, terminates on the day it would have expired if the
    amendment to this section by section 4102(c) of Pub. L. 101-380
    were in effect on date it was issued and was renewed at the end of
    each 5-year period under this section, see section 4102(d) of Pub.
    L. 101-380, set out as a note under section 7106 of this title.

-End-



-CITE-
    46 USC Sec. 7303                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7303. Possession and description of merchant mariners'
      documents

-STATUTE-
      A merchant mariner's document shall be retained by the seaman to
    whom issued. The document shall contain the signature, notations of
    nationality, age, and physical description, the photograph, and the
    home address of the seaman. In addition, the document shall specify
    the rate or ratings in which the seaman is qualified to serve.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 107-295, title
    IV, Sec. 421, Nov. 25, 2002, 116 Stat. 2125.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7303                                  46:643(a)                     
    --------------------------------------------------------------------

      Section 7303 requires seamen to retain their merchant mariner's
    documents. It also specifies the information that is to be
    contained in the document.

                                AMENDMENTS                            
      2002 - Pub. L. 107-295 struck out "the thumbprint," after
    "photograph,".

-End-



-CITE-
    46 USC Sec. 7304                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7304. Citizenship notation on merchant mariners' documents

-STATUTE-
      An individual applying for a merchant mariner's document shall
    provide satisfactory proof that the individual is a citizen of the
    United States before that notation is made on the document.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7304                                  46:643(b)                     
    --------------------------------------------------------------------

      Section 7304 specifies, that before a merchant mariner's document
    is noted to specify that the individual is a U.S. citizen, the
    individual must provide satisfactory proof that he is a citizen.
    This does not impose a requirement of United States citizenship as
    a condition for issuance of a document.

-End-



-CITE-
    46 USC Sec. 7305                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7305. Oaths for holders of merchant mariners' documents

-STATUTE-
      An applicant for a merchant mariner's document shall take, before
    issuance of the document, an oath that the applicant will perform
    faithfully and honestly all the duties required by law, and will
    carry out the lawful orders of superior officers.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7305                                  ................              
                                           ..............................
    --------------------------------------------------------------------

      The requirement for an oath, drawn from a clause which had
    appeared in 46 U.S.C. 672(g), and administered by the Coast Guard
    to all applicants, was repealed in a 1980 amendment by section 4 of
    Public Law 96-378 (94 Stat. 1516). Since no specific comment was
    made regarding the elimination in 1980 and the agency has continued
    to administer an oath to all applicants, this provision is being
    reinstated. The Committee believes the oath will contribute to the
    discipline and order necessary in the merchant marine.

-End-



-CITE-
    46 USC Sec. 7306                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7306. General requirements and classifications for able seamen

-STATUTE-
      (a) To qualify for an endorsement as able seaman authorized by
    this section, an applicant must provide satisfactory proof that the
    applicant - 
        (1) is at least 18 years of age;
        (2) has the service required by the applicable section of this
      part;
        (3) is qualified professionally as demonstrated by an
      applicable examination or educational requirements; and
        (4) is qualified as to sight, hearing, and physical condition
      to perform the seaman's duties.

      (b) The classifications authorized for endorsement as able seaman
    are the following:
        (1) able seaman - unlimited.
        (2) able seaman - limited.
        (3) able seaman - special.
        (4) able seaman - offshore supply vessels.
        (5) able seaman - sail.
        (6) able seaman - fishing industry.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 98-364, title
    IV, Sec. 402(9)(C), July 17, 1984, 98 Stat. 448.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7306                                  46:672(b)                     
    --------------------------------------------------------------------

      Section 7306(a) establishes the minimum requirements an
    individual must meet before being issued a merchant mariner's
    document endorsed for able seamen.
      Subsection (b) establishes the classifications of able seamen -
    unlimited, able seamen - limited, able seamen - special, able
    seamen - offshore supply vessels, and able seamen - sail.

                                AMENDMENTS                            
      1984 - Subsec. (b)(6). Pub. L. 98-364 added par. (6).

                              EFFECTIVE DATE                          
      Provisions of this section (related to able seaman - sail)
    effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-89, set
    out as a note under section 3101 of this title.

     ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN 
      Pub. L. 101-595, title VI, Sec. 602(e)(3), Nov. 16, 1990, 104
    Stat. 2992, provided that: "For the purposes of chapter 73 of title
    46, United States Code, the Secretary of Transportation shall
    accept the service used by an individual to qualify for an
    endorsement as able seaman - fishing industry as qualifying service
    toward an endorsement as an able seaman - 
        "(A) under sections 7307 and 7309 of that title; or
        "(B) if the service is on board a vessel of at least 100 gross
      tons, under section 7308 of that title."

-End-



-CITE-
    46 USC Sec. 7307                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7307. Able seamen - unlimited

-STATUTE-
      The required service for the endorsement of able seaman -
    unlimited, qualified for unlimited service on a vessel on any
    waters, is at least 3 years' service on deck on board vessels
    operating at sea or on the Great Lakes.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7307                                  46:672(b)(1)                  
    --------------------------------------------------------------------

      Section 7307 requires individuals to have at least 3 years
    service on deck on vessels operating at sea or on the Great Lakes
    before their merchant mariner's documents can be endorsed as able
    seamen - unlimited.

     ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN 
      Service used to qualify for endorsement as able seaman - fishing
    industry to be accepted as qualifying service toward an endorsement
    under this section, see section 602(e)(3) of Pub. L. 101-595, set
    out as a note under section 7306 of this title.

-End-



-CITE-
    46 USC Sec. 7308                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7308. Able seamen - limited

-STATUTE-
      The required service for the endorsement of able seaman -
    limited, qualified for limited service on a vessel on any waters,
    is at least 18 months' service on deck on board vessels of at least
    100 gross tons as measured under section 14502 of this title, or an
    alternate tonnage measured under section 14302 of this title as
    prescribed by the Secretary under section 14104 of this title
    operating on the oceans or navigable waters of the United States
    (including the Great Lakes).

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 104-324, title
    VII, Sec. 721, Oct. 19, 1996, 110 Stat. 3938.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7308                                  46:672(b)(2)                  
    --------------------------------------------------------------------

      Section 7308 establishes the minimum service requirements for an
    individual to qualify for an endorsement as able seamen - limited.

                                AMENDMENTS                            
      1996 - Pub. L. 104-324 inserted "as measured under section 14502
    of this title, or an alternate tonnage measured under section 14302
    of this title as prescribed by the Secretary under section 14104 of
    this title" after "100 gross tons".

     ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN 
      Service used to qualify for endorsement as able seaman - fishing
    industry to be accepted as qualifying service toward an endorsement
    under this section, see section 602(e)(3) of Pub. L. 101-595, set
    out as a note under section 7306 of this title.

-End-



-CITE-
    46 USC Sec. 7309                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7309. Able seamen - special

-STATUTE-
      The required service for the endorsement of able seaman -
    special, qualified for special service on a vessel on any waters,
    is at least 12 months' service on deck on board vessels operating
    on the oceans or the navigable waters of the United States
    (including the Great Lakes).

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7309                                  46:672(b)(3)                  
    --------------------------------------------------------------------

      Section 7309 establishes the minimum service requirements for an
    individual to qualify as able seamen - special.

     ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN 
      Service used to qualify for endorsement as able seaman - fishing
    industry to be accepted as qualifying service toward an endorsement
    under this section, see section 602(e)(3) of Pub. L. 101-595, set
    out as a note under section 7306 of this title.

-End-



-CITE-
    46 USC Sec. 7310                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7310. Able seamen - offshore supply vessels

-STATUTE-
      For service on a vessel of less than 500 gross tons as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title engaged in support of
    exploration, exploitation, or production of offshore mineral or
    energy resources, an individual may be rated as able seaman -
    offshore supply vessels if the individual has at least 6 months'
    service on deck on board vessels operating on the oceans or the
    navigable waters of the United States (including the Great Lakes).

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 104-324, title
    VII, Sec. 722, Oct. 19, 1996, 110 Stat. 3938.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7310                                  46:672(b)(3)                  
    --------------------------------------------------------------------

      Section 7310 establishes the minimum service requirements for an
    individual to serve as able seamen - offshore supply vessels on
    vessels of less than 500 gross tons engaged in the exploration,
    exploitation, or production of offshore mineral or energy
    resources.

                                AMENDMENTS                            
      1996 - Pub. L. 104-324 inserted "as measured under section 14502
    of this title, or an alternate tonnage measured under section 14302
    of this title as prescribed by the Secretary under section 14104 of
    this title" after "500 gross tons".

-End-



-CITE-
    46 USC Sec. 7311                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7311. Able seamen - sail

-STATUTE-
      For service on a sailing school vessel on any waters, an
    individual may be rated as able seaman - sail if the individual has
    at least 6 months' service on deck on sailing school vessels,
    oceanographic research vessels powered primarily by sail, or
    equivalent sailing vessels operating on the oceans or navigable
    waters of the United States (including the Great Lakes).

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7311                                  46:672(b)(4)                  
    --------------------------------------------------------------------

      Section 7311 establishes the minimum service requirements for an
    individual to qualify as able seamen - sail on board sailing
    vessels.

                              EFFECTIVE DATE                          
      Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L.
    98-89, set out as a note under section 3101 of this title.

-End-



-CITE-
    46 USC Sec. 7311a                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7311a. Able seamen - fishing industry

-STATUTE-
      For service on a fish processing vessel, an individual may be
    rated as able seaman - fishing industry if the individual has at
    least 6 months' service on deck on board vessels operating on the
    oceans or the navigable waters of the United States (including the
    Great Lakes).

-SOURCE-
    (Added Pub. L. 98-364, title IV, Sec. 402(9)(D), July 17, 1984, 98
    Stat. 448.)

-End-



-CITE-
    46 USC Sec. 7312                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7312. Scale of employment

-STATUTE-
      (a) Individuals qualified as able seamen - unlimited under
    section 7307 of this title may constitute all of the able seamen
    required on a vessel.
      (b) Individuals qualified as able seamen - limited under section
    7308 of this title may constitute all of the able seamen required
    on a vessel of less than 1,600 gross tons as measured under section
    14502 of this title, or an alternate tonnage measured under section
    14302 of this title as prescribed by the Secretary under section
    14104 of this title or on a vessel operating on the Great Lakes and
    the Saint Lawrence River as far east as Sept Iles. Individuals
    qualified as able seamen - limited may constitute not more than 50
    percent of the number of able seamen required on board other
    vessels.
      (c) Individuals qualified as able seamen - special under section
    7309 of this title may constitute - 
        (1) all of the able seamen required on a vessel of not more
      than 500 gross tons as measured under section 14502 of this
      title, or an alternate tonnage measured under section 14302 of
      this title as prescribed by the Secretary under section 14104 of
      this title or on a seagoing barge or towing vessel; and
        (2) not more than 50 percent of the number of able seamen
      required on board other vessels.

      (d) Individuals qualified as able seamen - offshore supply
    vessels under section 7310 of this title may constitute all of the
    able seamen required on board a vessel of less than 500 gross tons
    as measured under section 14502 of this title, or an alternate
    tonnage measured under section 14302 of this title as prescribed by
    the Secretary under section 14104 of this title engaged in support
    of exploration, exploitation, or production of offshore mineral or
    energy resources.
      (e) When the service of able seamen - limited or able seamen -
    special is authorized for only a part of the required number of
    able seamen on board a vessel, the combined percentage of those
    individuals so qualified may not be greater than 50 percent of the
    required number.
      (f) Individuals qualified as able seamen - fishing industry under
    section 7311a of this title may constitute - 
        (1) all of the able seamen required on a fish processing vessel
      entered into service before January 1, 1988, and of more than
      1,600 gross tons but not more than 5,000 gross tons as measured
      under section 14502 of this title, or an alternate tonnage
      measured under section 14302 of this title as prescribed by the
      Secretary under section 14104 of this title; and
        (2) all of the able seamen required on a fish processing vessel
      entered into service after December 31, 1987, and having more
      than 16 individuals on board primarily employed in the
      preparation of fish or fish products but of not more than 5,000
      gross tons as measured under section 14502 of this title, or an
      alternate tonnage measured under section 14302 of this title as
      prescribed by the Secretary under section 14104 of this title.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 98-364, title
    IV, Sec. 402(9)(E), July 17, 1984, 98 Stat. 448; Pub. L. 99-307,
    Sec. 1(11), May 19, 1986, 100 Stat. 445; Pub. L. 104-324, title
    VII, Sec. 723, Oct. 19, 1996, 110 Stat. 3938.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7312                                  46:672(f)                     
    --------------------------------------------------------------------

      Section 7312(a) provides that able seamen - unlimited may
    constitute all of the able seamen required on a vessel.
      Subsection (b) provides that able seamen - limited may constitute
    100 percent of the able seamen required on board vessels of less
    than 600 gross tons operating on the Great Lakes and 50 percent of
    the number of able seamen required on the larger vessels.
      Subsection (c) provides that able seamen - special may constitute
    100 percent of the able seamen required on vessels not more than
    500 gross tons, or a seagoing barge or towing vessel. Able seamen -
    special may only constitute up to 50 percent of the number of able
    seamen required on other vessels.
      Subsection (d) provides that able seamen - offshore supply
    vessels may constitute 100 percent of the number of able seamen
    required on vessels of less than 500 gross tons engaged in support
    of exploration, exploitation, or production of offshore mineral or
    energy facilities. They may not serve on board other vessels as an
    able seaman until they have the appropriate required document.
      Subsection (e) provides that the total number of able seamen -
    limited or able seamen - special may not be greater than 50 percent
    of the required number of able seamen on a vessel.

                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-324, Sec. 723(1), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "1,600 gross
    tons".
      Subsec. (c)(1). Pub. L. 104-324, Sec. 723(2), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "500 gross
    tons".
      Subsec. (d). Pub. L. 104-324, Sec. 723(3), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "500 gross tons".
      Subsec. (f)(1). Pub. L. 104-324, Sec. 723(4), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "5,000 gross
    tons".
      Subsec. (f)(2). Pub. L. 104-324, Sec. 723(5), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "5,000 gross
    tons".
      1986 - Subsec. (e). Pub. L. 99-307 substituted "able seamen -
    limited" for "able seaman - limited".
      1984 - Subsec. (f). Pub. L. 98-364 added subsec. (f).

-End-



-CITE-
    46 USC Sec. 7313                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7313. General requirements for members of engine departments

-STATUTE-
      (a) Classes of endorsement as qualified members of the engine
    department on vessels of at least 100 gross tons as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title (except vessels operating on rivers or
    lakes (except the Great Lakes)) may be prescribed by regulation.
      (b) The ratings of wiper and coal passer are entry ratings and
    are not ratings as qualified members of the engine department.
      (c) An applicant for an endorsement as qualified member of the
    engine department must provide satisfactory proof that the
    applicant - 
        (1) has the service required by section 7314 of this title;
        (2) is qualified professionally as demonstrated by an
      applicable examination; and
        (3) is qualified as to sight, hearing, and physical condition
      to perform the member's duties.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544; Pub. L. 104-324, title
    VII, Sec. 724, Oct. 19, 1996, 110 Stat. 3939.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7313                                  46:672(g)                     
    --------------------------------------------------------------------

      Section 7313(a) authorizes the Secretary to establish classes of
    endorsement for qualified members of the engine department on
    vessels of 100 gross tons or more (except on vessels operating on
    rivers and lakes (except the Great Lakes)).
      Subsection (b) establishes the entry ratings of wiper and coal
    passer, but specifically excludes them as qualified members of the
    engine department.
      Subsection (c) establishes the minimum qualifications individuals
    must meet in order to have their documents endorsed as a qualified
    member of engine department.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-324 inserted "as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title" after "100 gross tons".

-End-



-CITE-
    46 USC Sec. 7314                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7314. Service requirements for qualified members of engine
      departments

-STATUTE-
      To qualify for an endorsement as qualified member of the engine
    department, an applicant must provide proof that the applicant has
    6 months' service in the related entry rating as described in
    section 7313(b) of this title.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7314                                  46:672(g)                     
    --------------------------------------------------------------------

      Section 7314 requires individuals who wish to have their
    documents endorsed as a qualified member of the engine department
    must have at least 6 months service as a wiper or coal passer.

-End-



-CITE-
    46 USC Sec. 7315                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7315. Training

-STATUTE-
      (a) Graduation from a nautical school vessel approved under law
    and regulation may be substituted for the service requirements
    under section 7307 or 7314 of this title.
      (b) The satisfactory completion of other courses of instruction
    approved by the Secretary may be substituted for not more than one-
    third of the required service on deck at sea under sections 7307-
    7311 of this title.
      (c) The satisfactory completion of other courses of instruction
    approved by the Secretary may be substituted for not more than one-
    half of the required service at sea under section 7314 of this
    title.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7315                                  46:672(c)                     
    --------------------------------------------------------------------

      Section 7315 specifies the training or course work that may be
    substituted for service requirements for an endorsement as an able
    seaman or a qualified member of the engine department.

-End-



-CITE-
    46 USC Sec. 7316                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7316. Lifeboatmen

-STATUTE-
      To qualify for an endorsement as lifeboatman, an applicant must
    provide satisfactory proof that the applicant - 
        (1) has the service or training required by regulation;
        (2) is qualified professionally as demonstrated by examination;
      and
        (3) is qualified professionally by actual demonstration.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7316                                  46:643(l)                     
    --------------------------------------------------------------------

      Section 7316 establishes the minimum standards an individual must
    meet in order to qualify for an endorsement as lifeboatman.

-End-



-CITE-
    46 USC Sec. 7317                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7317. Tankermen

-STATUTE-
      (a) The Secretary shall prescribe procedures, standards, and
    qualifications for the issuance of certificates or endorsements as
    tankerman, stating the types of oil or hazardous material that can
    be handled with safety to the vessel and the marine environment.
      (b) An endorsement as tankerman shall indicate the grades or
    types of cargo the holder is qualified and authorized to handle
    with safety on board vessels.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7317(a)                               46:391a(10)(C)                
    --------------------------------------------------------------------

      Section 7317(a) establishes the minimum standards an individual
    must meet in order to qualify for an endorsement as tankerman for
    various types of oil or hazardous substances.
      Subsection (b) specifies that the tankerman's endorsement must
    specify the grades or types of cargo the holder is qualified and
    allowed to handle.

-End-



-CITE-
    46 USC Sec. 7318                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7318. Radiotelegraph operators on Great Lakes

-STATUTE-
      (a) A radiotelegraph operator on the Great Lakes only shall have
    a first-class or second-class radiotelegraph operator's license
    issued by the Federal Communications Commission.
      (b) An endorsement as radiotelegraph operator on the Great Lakes
    only ends if the holder ceases to hold the license issued by the
    Commission.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7318                                  46:229c                       
                                          46:229g                       
                                          46:643(a)                     
    --------------------------------------------------------------------

      Section 7318 specifies that radiotelegraph operators on the Great
    Lakes shall have a first-class or second-class radiotelegraph
    operator's license issued by the FCC and need not be licensed as a
    radio operator by the Coast Guard. However, an endorsement as radio
    telegraph operator has to be noted on his merchant mariners'
    document. If the holder ceases to have a valid FCC license, then
    the endorsement is terminated automatically without recourse to
    suspension and revocation proceedings.

-End-



-CITE-
    46 USC Sec. 7319                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
    Sec. 7319. Records of merchant mariners' documents

-STATUTE-
      The Secretary shall maintain records on each merchant mariner's
    document issued, including the name and address of the seaman to
    whom issued and the next of kin of the seaman.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 108-293, title
    IV, Sec. 403, Aug. 9, 2004, 118 Stat. 1043.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7319                                  46:643(f)                     
    --------------------------------------------------------------------

      Section 7319 requires the Secretary to maintain records on each
    merchant mariner's document issued and the seaman's next of kin.
    However, these records are not open for general or public
    inspection.

                                AMENDMENTS                            
      2004 - Pub. L. 108-293 struck out at end "The records are not
    open to general or public inspection."

-End-


-CITE-
    46 USC CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING,
           CERTIFICATION, AND DOCUMENTATION                01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
                  DOCUMENTATION                   

-HEAD-
     CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
                               DOCUMENTATION

-MISC1-
    Sec.                                                     
    7501.       Duplicates.                                           
    7502.       Records.                                              
    7503.       Dangerous drugs as grounds for denial.                
    7504.       Travel and expense reimbursement.                     
    7505.       Review of information in National Driver Register.    
    7506.       Convention tonnage for licenses, certificates, and
                 documents.                                           

                                AMENDMENTS                            
      1996 - Pub. L. 104-324, title VII, Sec. 745(b), Oct. 19, 1996,
    110 Stat. 3943, added item 7506.
      1990 - Pub. L. 101-380, title IV, Sec. 4105(c), Aug. 18, 1990,
    104 Stat. 513, added item 7505.
      1986 - Pub. L. 99-640, Sec. 10(b)(2)(B), Nov. 10, 1986, 100 Stat.
    3550, added item 7504.

-End-



-CITE-
    46 USC Sec. 7501                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
                  DOCUMENTATION                   

-HEAD-
    Sec. 7501. Duplicates

-STATUTE-
      (a) If a license, certificate of registry, or merchant mariner's
    document issued under this part is lost as a result of a marine
    casualty, the holder shall be supplied with a duplicate without
    cost.
      (b) For any other loss, the seaman may obtain a duplicate on
    payment of reasonable costs prescribed by regulation by the
    Secretary.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 99-36, Sec.
    1(a)(9)(C), May 15, 1985, 99 Stat. 68.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7501                                  46:643(h)                     
    --------------------------------------------------------------------

      Section 7501(a) provides that if a license, certificate or
    document issued to an individual is lost due to a marine casualty,
    the individual will be supplied with a duplicate without cost.
      Subsection (b) provides that if a license, certificate or
    document is lost for any reason other than a marine casualty, the
    seaman must pay a reasonable cost for the replacement.

                                AMENDMENTS                            
      1985 - Subsec. (a). Pub. L. 99-36 substituted "certificate of
    registry, or merchant mariner's document" for "certificate, or
    document".

-End-



-CITE-
    46 USC Sec. 7502                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
                  DOCUMENTATION                   

-HEAD-
    Sec. 7502. Records

-STATUTE-
      The Secretary shall maintain computerized records on the
    issuances, denials, suspensions, and revocations of licenses,
    certificates of registry, merchant mariners' documents, and
    endorsements on those licenses, certificates, and documents.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 101-380, title
    IV, Sec. 4114(e), Aug. 18, 1990, 104 Stat. 517.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7502                                  46:414                        
                                          46:643(f)                     
    --------------------------------------------------------------------

      Section 7502 requires the Secretary to maintain records on the
    issuances, denials, suspensions, and revocations of licenses,
    certificates of registry, merchant mariner's documents, and
    endorsements.

                                AMENDMENTS                            
      1990 - Pub. L. 101-380 substituted "maintain computerized
    records" for "maintain records".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-



-CITE-
    46 USC Sec. 7503                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
                  DOCUMENTATION                   

-HEAD-
    Sec. 7503. Dangerous drugs as grounds for denial

-STATUTE-
      [(a) Repealed. Pub. L. 101-380, title IV, Sec. 4103(a)(2)(B),
    Aug. 18, 1990, 104 Stat. 511.]
      (b) A license, certificate of registry, or merchant mariner's
    document authorized to be issued under this part may be denied to
    an individual who - 
        (1) within 10 years before applying for the license,
      certificate, or document, has been convicted of violating a
      dangerous drug law of the United States or of a State; or
        (2) when applying, has ever been a user of, or addicted to, a
      dangerous drug unless the individual provides satisfactory proof
      that the individual is cured.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 99-36, Sec.
    1(a)(9)(D), May 15, 1985, 99 Stat. 68; Pub. L. 101-380, title IV,
    Sec. 4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7503(a)                               46:239a(a)                    
                                          46:239b(a)                    
    --------------------------------------------------------------------

      Section 7503 provides that the issuance of a license,
    certificate, or document may be denied by the Secretary to any
    individual who has been convicted, within 10 years, of violating a
    dangerous drug law of the United States or to any individual who
    has been a user of a dangerous drug, unless the individual provides
    satisfactory proof of being cured. This includes PCP and LSD. See
    also the note to section 7704. However, the Secretary may deny
    issuing a license, certificate or document to the individual who
    has used or been convicted of a "controlled substance" such as LSD
    if that use or conviction occurred before the date of enactment of
    this Act.

                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-380 repealed subsec. (a) which
    defined "dangerous drug" for purpose of this section as narcotic
    drug, controlled substance, and marihuana.
      1985 - Subsec. (b). Pub. L. 99-36 substituted "certificate of
    registry, or merchant mariner's document" for first reference to
    "certificate, or document".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-



-CITE-
    46 USC Sec. 7504                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
                  DOCUMENTATION                   

-HEAD-
    Sec. 7504. Travel and expense reimbursement

-STATUTE-
      When a requirement to qualify for the issuance of, or endorsement
    on, a certificate, license, or document under this part is
    administered at a place at the request of an applicant or an
    applicant's representative, the applicant or representative may
    reimburse the Secretary for the travel and subsistence expenses
    incurred by the personnel assigned to perform the administration of
    the requirement. Amounts received as reimbursement under this
    section shall be credited to the appropriation for operating
    expenses of the Coast Guard.

-SOURCE-
    (Added Pub. L. 99-640, Sec. 10(b)(2)(A), Nov. 10, 1986, 100 Stat.
    3549.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 7505                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
                  DOCUMENTATION                   

-HEAD-
    Sec. 7505. Review of information in National Driver Register

-STATUTE-
      The Secretary shall make information received from the National
    Driver Register under section 206(b)(7) of the National Driver
    Register Act of 1982 (23 U.S.C. 401 note) available to an
    individual for review and written comment before denying,
    suspending, revoking, or taking any other action relating to a
    license, certificate of registry, or merchant mariner's document
    authorized to be issued for that individual under this part, based
    on that information.

-SOURCE-
    (Added Pub. L. 101-380, title IV, Sec. 4105(b)(1), Aug. 18, 1990,
    104 Stat. 512.)


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable to incidents occurring after Aug. 18, 1990,
    see section 1020 of Pub. L. 101-380, set out as a note under
    section 2701 of Title 33, Navigation and Navigable Waters.

-End-



-CITE-
    46 USC Sec. 7506                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
                  DOCUMENTATION                   

-HEAD-
    Sec. 7506. Convention tonnage for licenses, certificates, and
      documents

-STATUTE-
      Notwithstanding any provision of section 14302(c) or 14305 of
    this title, the Secretary may - 
        (1) evaluate the service of an individual who is applying for a
      license, a certificate of registry, or a merchant mariner's
      document by using the tonnage as measured under chapter 143 of
      this title for the vessels on which that service was acquired,
      and
        (2) issue the license, certificate, or document based on that
      service.

-SOURCE-
    (Added Pub. L. 104-324, title VII, Sec. 745(a), Oct. 19, 1996, 110
    Stat. 3942.)

-End-


-CITE-
    46 USC CHAPTER 77 - SUSPENSION AND REVOCATION               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-
                  CHAPTER 77 - SUSPENSION AND REVOCATION              

-MISC1-
    Sec.                                                     
    7701.       General.                                              
    7702.       Administrative procedure.                             
    7703.       Bases for suspension or revocation.                   
    7704.       Dangerous drugs as grounds for revocation.            
    7705.       Subpenas and oaths.                                   
    7706.       Drug testing reporting.                               

                                AMENDMENTS                            
      2004 - Pub. L. 108-293, title IV, Sec. 414(b), Aug. 9, 2004, 118
    Stat. 1047, added item 7706.

-End-



-CITE-
    46 USC Sec. 7701                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-
    Sec. 7701. General

-STATUTE-
      (a) The purpose of suspension and revocation proceedings is to
    promote safety at sea.
      (b) Licenses, certificates of registry, and merchant mariners'
    documents may be suspended or revoked for acts described in section
    7703 of this title.
      (c) When a license, certificate of registry, or merchant
    mariner's document has been revoked under this chapter, the former
    holder may be issued a new license, certificate of registry, or
    merchant mariner's document only after - 
        (1) the Secretary decides, under regulations prescribed by the
      Secretary, that the issuance is compatible with the requirement
      of good discipline and safety at sea; and
        (2) the former holder provides satisfactory proof that the
      bases for revocation are no longer valid.

      (d) The Secretary may prescribe regulations to carry out this
    chapter.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 101-380, title
    IV, Sec. 4103(c), Aug. 18, 1990, 104 Stat. 511.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7701                                  46:239(g)                     
    --------------------------------------------------------------------

      Section 7701 establishes the general purpose of suspension and
    revocation proceedings, which is to promote safety at sea. This
    section also provides the Secretary with the authority to suspend
    or revoke licenses, certificates, and documents, as well as the
    authority to issue a new license, certificate or document to an
    individual when the issuance is compatible with the requirements of
    good discipline and safety at sea. It also provides for necessary
    regulatory authority to carry out its purposes.

                                AMENDMENTS                            
      1990 - Subsec. (c). Pub. L. 101-380 amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "When a
    license, certificate of registry, or merchant mariner's document
    has been revoked under this chapter, the former holder may be
    issued a new license, certificate, or document only after it has
    been decided, under regulations prescribed by the Secretary, that
    the issuance is compatible with the requirements of good discipline
    and safety at sea."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-



-CITE-
    46 USC Sec. 7702                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-
    Sec. 7702. Administrative procedure

-STATUTE-
      (a) Sections 551-559 of title 5 apply to each hearing under this
    chapter about suspending or revoking a license, certificate of
    registry, or merchant mariner's document.
      (b) The individual whose license, certificate of registry, or
    merchant mariner's document has been suspended or revoked under
    this chapter may appeal, within 30 days, the suspension or
    revocation to the Secretary.
      (c)(1) The Secretary shall request a holder of a license,
    certificate of registry, or merchant mariner's document to make
    available to the Secretary, under section 206(b)(4) of the National
    Driver Register Act of 1982 (23 U.S.C. 401 note),(!1) all
    information contained in the National Driver Register related to an
    offense described in section 205(a)(3)(A) or (B) of that Act
    committed by the individual.

      (2) The Secretary shall require the testing of the holder of a
    license, certificate of registry, or merchant mariner's document
    for use of alcohol and dangerous drugs in violation of law or
    Federal regulation. The testing may include preemployment (with
    respect to dangerous drugs only), periodic, random, and reasonable
    cause testing, and shall include post-accident testing.
      (d)(1) The Secretary may temporarily, for not more than 45 days,
    suspend and take possession of the license, certificate of
    registry, or merchant mariner's document held by an individual if -
    
        (A) that individual performs a safety sensitive function on a
      vessel, as determined by the Secretary; and
        (B) there is probable cause to believe that the individual - 
          (i) has, while acting under the authority of that license,
        certificate, or document, performed the safety sensitive
        function in violation of law or Federal regulation regarding
        use of alcohol or a dangerous drug;
          (ii) has been convicted of an offense that would prevent the
        issuance or renewal of the license, certificate, or document;
          (iii) within the 3-year period preceding the initiation of a
        suspension proceeding, has been convicted of an offense
        described in section 30304(a)(3)(A) or (B) of title 49; or
          (iv) is a security risk that poses a threat to the safety or
        security of a vessel or a public or commercial structure
        located within or adjacent to the marine environment.

      (2) If a license, certificate, or document is temporarily
    suspended under this section, an expedited hearing under subsection
    (a) of this section shall be held within 30 days after the
    temporary suspension.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99-36, Sec.
    1(a)(3), May 15, 1985, 99 Stat. 67; Pub. L. 101-380, title IV, Sec.
    4103(a)(1), Aug. 18, 1990, 104 Stat. 510; Pub. L. 105-383, title
    III, Sec. 304(a), Nov. 13, 1998, 112 Stat. 3419; Pub. L. 108-293,
    title IV, Sec. 407, title VI, Sec. 609(2), Aug. 9, 2004, 118 Stat.
    1044, 1058.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7702                                  ................              
                                           ..............................
    --------------------------------------------------------------------

      Section 7702(a) provides that Sections 551-559 of title 5 of the
    United States Code shall apply to each involving the suspension or
    revocation of a license, certificate, or document.
      Subsection (b) allows an individual whose license, certificate,
    or document has been suspended or revoked to appeal it to the
    Secretary within 30 days.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 205(a)(3)(A) or (B) and 206(b)(4) of the National Driver
    Register Act of 1982, referred to in subsec. (c)(1), are sections
    205(a)(3)(A), (B) and 206(b)(4) of Pub. L. 97-364, which were set
    out in a note under section 401 of Title 23, Highways, and were
    repealed and restated in sections 30304 and 30305 of Title 49,
    Transportation, by Pub. L. 103-272, Secs. 1(e), 7(b), July 5, 1994,
    108 Stat. 862, 1379.


-MISC2-
                                AMENDMENTS                            
      2004 - Subsec. (d)(1). Pub. L. 108-293, Sec. 407(1), substituted
    "if - " for "if, when acting under the authority of that license,
    certificate, or document - " in introductory provisions.
      Subsec.(d)(1)(B)(i). Pub. L. 108-293, Sec. 407(2), inserted ",
    while acting under the authority of that license, certificate, or
    document," after "has".
      Subsec. (d)(1)(B)(iii). Pub. L. 108-293, Sec. 609(2), substituted
    "section 30304(a)(3)(A) or (B) of title 49" for "section
    205(a)(3)(A) or (B) of the National Driver Register Act of 1982".
      Subsec. (d)(1)(B)(iv). Pub. L. 108-293, Sec. 407(3)-(5), added
    cl. (iv).
      1998 - Subsec. (c)(2). Pub. L. 105-383 inserted second sentence
    and struck out former second sentence which read as follows: "The
    testing may include preemployment (with respect to dangerous drugs
    only), periodic, random, reasonable cause, and post accident
    testing."
      1990 - Subsecs. (c), (d). Pub. L. 101-380 added subsecs. (c) and
    (d).
      1985 - Subsec. (a). Pub. L. 99-36 substituted "mariner's" for
    "mariners' ".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    46 USC Sec. 7703                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-
    Sec. 7703. Bases for suspension or revocation

-STATUTE-
      A license, certificate of registry, or merchant mariner's
    document issued by the Secretary may be suspended or revoked if the
    holder - 
        (1) when acting under the authority of that license,
      certificate, or document - 
          (A) has violated or fails to comply with this subtitle, a
        regulation prescribed under this subtitle, or any other law or
        regulation intended to promote marine safety or to protect
        navigable waters; or
          (B) has committed an act of misconduct or negligence;

        (2) is convicted of an offense that would prevent the issuance
      or renewal of a license, certificate of registry, or merchant
      mariner's document;
        (3) within the 3-year period preceding the initiation of the
      suspension or revocation proceeding is convicted of an offense
      described in section 30304(a)(3)(A) or (B) of title 49;
        (4) has committed an act of incompetence relating to the
      operation of a vessel; or
        (5) is a security risk that poses a threat to the safety or
      security of a vessel or a public or commercial structure located
      within or adjacent to the marine environment.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99-36, Sec.
    1(a)(9)(E), May 15, 1985, 99 Stat. 68; Pub. L. 101-380, title IV,
    Sec. 4103(b), Aug. 18, 1990, 104 Stat. 511; Pub. L. 108-293, title
    IV, Sec. 408, title VI, Sec. 609(3), Aug. 9, 2004, 118 Stat. 1044,
    1058; Pub. L. 109-241, title IX, Sec. 901(h)(3), July 11, 2006, 120
    Stat. 564.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7703                                  46:226                        
                                          46:239                        
                                          46:240                        
                                          46:246(c)                     
    --------------------------------------------------------------------

      This section provides the bases for suspension and revocation of
    a license, certificate or document. The individual must have been
    operating under the authority of the required license, certificate,
    or document and has violated a law or regulation intended to
    promote marine safety or to protect the navigable waters or has
    committed an act of incompetence, misconduct, or negligence.

                                AMENDMENTS                            
      2006 - Par. (3). Pub. L. 109-241 struck out "(23 U.S.C. 401
    note)" after "of title 49".
      2004 - Par. (1)(B). Pub. L. 108-293, Sec. 408(1), substituted
    "misconduct or" for "incompetence, misconduct, or".
      Par. (3). Pub. L. 108-293, Sec. 609(3), substituted "section
    30304(a)(3)(A) or (B) of title 49" for "section 205(a)(3)(A) or (B)
    of the National Driver Register Act of 1982".
      Pars. (4), (5). Pub. L. 108-293, Sec. 408(2)-(4), added pars. (4)
    and (5).
      1990 - Pub. L. 101-380 amended section generally. Prior to
    amendment, section read as follows: "A license, certificate of
    registry, or merchant mariner's document issued by the Secretary
    may be suspended or revoked if, when acting under the authority of
    that license, certificate, or document, the holder - 
        "(1) has violated or failed to comply with this subtitle, a
      regulation prescribed under this subtitle, or any other law or
      regulation intended to promote marine safety or to protect
      navigable waters.
        "(2) has committed an act of incompetence, misconduct, or
      negligence."
      1985 - Pub. L. 99-36 substituted "certificate of registry," for
    first reference to "certificate,".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-



-CITE-
    46 USC Sec. 7704                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-
    Sec. 7704. Dangerous drugs as grounds for revocation

-STATUTE-
      [(a) Repealed. Pub. L. 101-380, title IV, Sec. 4103(a)(2)(B),
    Aug. 18, 1990, 104 Stat. 511.]
      (b) If it is shown at a hearing under this chapter that a holder
    of a license, certificate of registry, or merchant mariner's
    document issued under this part, within 10 years before the
    beginning of the proceedings, has been convicted of violating a
    dangerous drug law of the United States or of a State, the license,
    certificate, or document shall be suspended or revoked.
      (c) If it is shown that a holder has been a user of, or addicted
    to, a dangerous drug, the license, certificate of registry, or
    merchant mariner's document shall be revoked unless the holder
    provides satisfactory proof that the holder is cured.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99-36, Sec.
    1(a)(9)(F), (G), May 15, 1985, 99 Stat. 68; Pub. L. 101-380, title
    IV, Sec. 4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511; Pub. L. 108-
    293, title IV, Sec. 402, Aug. 9, 2004, 118 Stat. 1043.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7704(a)                               46:239a(a)                    
    7704(b)                               46:239b(b)(1)                 
    7704(c)                               46:239b(b)(2)                 
    --------------------------------------------------------------------

      Section 7704 requires the Secretary to revoke the license,
    certificate, or document of any individual who has been convicted
    of a dangerous drug law within 10 years before the beginning of the
    suspension or revocation procedures. This section has expanded
    current law to incorporate violations involving "controlled
    substances" which are not narcotic. This includes PCP and LSD.
    Unless it can be done under existing law, the suspension or
    revocation of an individual's license based on the use of a
    "controlled substance" only applies to the use or conviction after
    the date of enactment of this Act.
      This section also provides that anyone who has been a user of or
    addicted to a dangerous drug since July 14, 1954, may be subjected
    to revocation procedures unless the individual provides
    satisfactory proof of being cured.
      In sections 7503(b)(2) and 7704(c), the term "use", when applying
    to "narcotic drugs" or "controlled substances", is not intended to
    include the use of "off the shelf" drugs or drugs acquired with a
    prescription lawfully issued by a medical doctor, as long as the
    drugs are used by the individual in the recommended amounts and the
    drugs will not impair the individual's ability to perform duties.

                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-293 inserted "suspended or" after
    "shall be".
      1990 - Subsec. (a). Pub. L. 101-380 struck out subsec. (a) which
    defined "dangerous drug" for purpose of this section as narcotic
    drug, controlled substance, and marihuana.
      1985 - Subsec. (b). Pub. L. 99-36, Sec. 1(a)(9)(F), substituted
    "merchant mariner's document" for first reference to "document".
      Subsec. (c). Pub. L. 99-36, Sec. 1(a)(9)(G), substituted
    "certificate of registry, or merchant mariner's document" for
    "certificate, or document".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-



-CITE-
    46 USC Sec. 7705                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-
    Sec. 7705. Subpenas and oaths

-STATUTE-
      (a) An official designated to investigate or preside at a hearing
    on matters that are grounds for suspension or revocation of
    licenses, certificates of registry, and merchant mariners'
    documents may administer oaths and issue subpenas to compel the
    attendance and testimony of witnesses and the production of records
    or other evidence during investigations and at hearings.
      (b) The jurisdictional limits of a subpena issued under this
    section are the same as, and are enforceable in the same manner as,
    subpenas issued under chapter 63 of this title.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 547; Pub. L. 99-36, Sec.
    1(a)(9)(H), May 15, 1985, 99 Stat. 68.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7705                                  46:239(e)                     
    --------------------------------------------------------------------

      Section 7705 allows officials designated to investigate or
    preside at hearings on matters that are grounds for suspension and
    revocation proceedings to administer oaths and issue subpenas.

                                AMENDMENTS                            
      1985 - Subsec. (a). Pub. L. 99-36 substituted "certificates of
    registry, and merchant mariners' documents" for "certificates, and
    documents".

-End-



-CITE-
    46 USC Sec. 7706                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part E - Merchant Seamen Licenses, Certificates, and Documents
    CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-
    Sec. 7706. Drug testing reporting

-STATUTE-
      (a) Release of Drug Test Results to Coast Guard. - Not later than
    2 weeks after receiving from a Medical Review Officer a report of a
    verified positive drug test or verified test violation by a
    civilian employee of a Federal agency, an officer in the Public
    Health Services, or an officer in the National Oceanic and
    Atmospheric Administration Commissioned Officer Corps, who is
    employed in any capacity on board a vessel operated by the agency,
    the head of the agency shall release to the Commandant of the Coast
    Guard the report.
      (b) Standards, Procedures, and Regulations. - The head of a
    Federal agency shall carry out a release under subsection (a) in
    accordance with the standards, procedures, and regulations
    applicable to the disclosure and reporting to the Coast Guard of
    drug tests results and drug test records of individuals employed on
    vessels documented under the laws of the United States.
      (c) Waiver. - Notwithstanding section 503(e) of the Supplemental
    Appropriations Act, 1987 (5 U.S.C. 7301 note), the report of a drug
    test of an employee may be released under this section without the
    prior written consent of the employee.

-SOURCE-
    (Added Pub. L. 108-293, title IV, Sec. 414(a), Aug. 9, 2004, 118
    Stat. 1046.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 503(e) of the Supplemental Appropriations Act, 1987,
    referred to in subsec. (c), is section 503(e) of Pub. L. 100-71,
    which is set out as a note under section 7301 of Title 5,
    Government Organization and Employees.

-End-


-CITE-
    46 USC Part F - Manning of Vessels                          01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels

-HEAD-
                        PART F - MANNING OF VESSELS                    


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Part F provides for the manning of vessels including requirements
    generally for the number of individuals required, qualifications
    and conditions of employment, and duties; for masters and other
    licenses and registered individuals; for pilots; for unlicensed
    personnel; for small vessels; for tank vessels; and for pilotage on
    the Great Lakes. The Committee intends that all manning provisions
    throughout this subtitle will be interpreted to be consistent with
    one another.

-End-


-CITE-
    46 USC CHAPTER 81 - GENERAL                                 01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 81 - GENERAL

-HEAD-
                           CHAPTER 81 - GENERAL                       

-MISC1-
    Sec.                                                     
    8101.       Complement of inspected vessels.                      
    8102.       Watchmen.                                             
    8103.       Citizenship and Navy Reserve requirements.            
    8104.       Watches.                                              
    8105.       Fishing vessel exemption.                             
    8106.       Riding gangs (!1)                                     


                       HISTORICAL AND REVISION NOTES                   
      Chapter 81 provides for the composition, citizenship, working
    hours, and other limitations affecting the complement of licensed
    individuals and crew on certain vessels, a safety watch onboard
    passenger vessels, membership in the Naval Reserve for certain deck
    and engineer officers, and penalties for violating, and regulatory
    authority for implementing its provisions.

                                AMENDMENTS                            
      2006 - Pub. L. 109-241, title III, Sec. 312(d), July 11, 2006,
    120 Stat. 534, added item 8106.
      Pub. L. 109-163, div. A, title V, Sec. 515(f)(3)(C), Jan. 6,
    2006, 119 Stat. 3236, substituted "Citizenship and Navy Reserve
    requirements" for "Citizenship and Naval Reserve requirements" in
    item 8103.
      1996 - Pub. L. 104-324, title XI, Sec. 1146(b), Oct. 19, 1996,
    110 Stat. 3993, added item 8105.
      1990 - Pub. L. 101-595, title VI, Sec. 603(7)(B), Nov. 16, 1990,
    104 Stat. 2993, struck out item 8105 "Regulations".

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by a period.


-End-



-CITE-
    46 USC Sec. 8101                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 81 - GENERAL

-HEAD-
    Sec. 8101. Complement of inspected vessels

-STATUTE-
      (a) The certificate of inspection issued to a vessel under part B
    of this subtitle shall state the complement of licensed individuals
    and crew (including lifeboatmen) considered by the Secretary to be
    necessary for safe operation. A manning requirement imposed on - 
        (1) a sailing school vessel shall consider the participation of
      sailing school instructors and sailing school students in the
      operation of that vessel;
        (2) a mobile offshore drilling unit shall consider the
      specialized nature of the unit; and
        (3) a tank vessel shall consider the navigation, cargo
      handling, and maintenance functions of that vessel for protection
      of life, property, and the environment.

      (b) The Secretary may modify the complement, by endorsement on
    the certificate, for reasons of changed conditions or employment.
      (c) A requirement made under this section by an authorized
    official may be appealed to the Secretary under prescribed
    regulations.
      (d) A vessel to which this section applies may not be operated
    without having in its service the complement required in the
    certificate of inspection.
      (e) When a vessel is deprived of the service of a member of its
    complement without the consent, fault, or collusion of the owner,
    charterer, managing operator, agent, master, or individual in
    charge of the vessel, the master shall engage, if obtainable, a
    number of members equal to the number of those of whose services
    the master has been deprived. The replacements must be of the same
    or a higher grade or rating than those whose places they fill. If
    the master finds the vessel is sufficiently manned for the voyage,
    and replacements are not available to fill all the vacancies, the
    vessel may proceed on its voyage. Within 12 hours after the vessel
    arrives at its destination, the master shall report in writing to
    the Secretary the cause of each deficiency in the complement. A
    master failing to make the report is liable to the United States
    Government for a civil penalty of $1,000 for each deficiency.
      (f) The owner, charterer, or managing operator of a vessel not
    manned as required by this section is liable to the Government for
    a civil penalty of $10,000.
      (g) A person may not employ an individual as, and an individual
    may not serve as, a master, mate, engineer, radio officer, or pilot
    of a vessel to which this part applies or which is subject to
    inspection under chapter 33 of this title if the individual is not
    licensed by the Secretary. A person (including an individual)
    violating this subsection is liable to the Government for a civil
    penalty of not more than $10,000. Each day of a continuing
    violation is a separate offense.
      (h) The owner, charterer, or managing operator of a freight
    vessel of less than 100 gross tons as measured under section 14502
    of this title, or an alternate tonnage measured under section 14302
    of this title as prescribed by the Secretary under section 14104 of
    this title, a small passenger vessel, or a sailing school vessel
    not manned as required by this section is liable to the Government
    for a civil penalty of $1,000. The vessel also is liable in rem for
    the penalty.
      (i) When the 2 next most senior licensed officers on a vessel
    reasonably believe that the master or individual in charge of the
    vessel is under the influence of alcohol or a dangerous drug and is
    incapable of commanding the vessel, the next most senior master,
    mate, or operator licensed under section 7101(c)(1) or (3) of this
    title shall - 
        (1) temporarily relieve the master or individual in charge;
        (2) temporarily take command of the vessel;
        (3) in the case of a vessel required to have a log under
      chapter 113 of this title, immediately enter the details of the
      incident in the log; and
        (4) report those details to the Secretary - 
          (A) by the most expeditious means available; and
          (B) in written form transmitted within 12 hours after the
        vessel arrives at its next port.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 547; Pub. L. 98-557, Sec.
    29(b), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 99-640, Sec. 11(b),
    Nov. 10, 1986, 100 Stat. 3550; Pub. L. 101-380, title IV, Secs.
    4104, 4114(c), 4302(e), Aug. 18, 1990, 104 Stat. 511, 517, 538;
    Pub. L. 104-324, title VII, Sec. 725, Oct. 19, 1996, 110 Stat.
    3939.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8101                                  46:222                        
                                          46:224                        
                                          46:446d                       
    --------------------------------------------------------------------

      Section 8101 provides for the required composition of the
    complement of licensed individuals and crew of an inspected vessel
    when being operated.
      Subsection (a) requires that the certificate of inspection for a
    vessel state the manning necessary for safe navigation. Manning
    means the complement of licensed officers and crew (including
    lifeboatmen). Any manning requirements for sailing school vessels
    shall take into account the participation of sailing school
    instructors and sailing school students in the operation of those
    vessels.
      Subsection (b) permits the Secretary to modify the manning
    requirements for reasons of changed conditions or employment.
      Subsection (c) permits an appeal to the Secretary of any manning
    requirements made by an authorized official.
      Subsection (d) prohibits the operation of a vessel without the
    manning required in the vessel's certificate of inspection.
      When a vessel has a vacancy in the manning required by its
    certificate of inspection without the consent, fault, or collusion
    of anyone responsible for the management or operation of the
    vessel, subsection (e) requires that the master hire replacements,
    if possible, in the same or higher grade or rating. However, if the
    master finds the vessel sufficiently manned and replacements are
    not available, the vessel may proceed on its voyage. Within 12
    hours of arrival at its destination, the master is required to file
    a written report with the Secretary stating the cause of each
    deficiency or be liable for a civil penalty. The report of
    deficiency should include both the reason for the vacancy in the
    first instance and the reason for the unavailability of a qualified
    replacement.
      Subsections (f), (g) and (h) prescribe civil penalties for
    noncompliance with manning requirements. Subsection (g) also
    prohibits the employment or service of an individual in a licensed
    capacity who is not licensed by the Secretary.

                                AMENDMENTS                            
      1996 - Subsec. (h). Pub. L. 104-324 inserted "as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title" after "100 gross tons".
      1990 - Subsec. (a)(3). Pub. L. 101-380, Sec. 4114(c), added par.
    (3).
      Subsec. (e). Pub. L. 101-380, Sec. 4302(e)(1), substituted
    "$1,000" for "$50".
      Subsec. (f). Pub. L. 101-380, Sec. 4302(e)(2), substituted
    "$10,000" for "$100, or, for a deficiency of a licensed individual,
    a penalty of $500".
      Subsec. (g). Pub. L. 101-380, Sec. 4302(e)(3), substituted
    "$10,000" for "$500".
      Subsec. (i). Pub. L. 101-380, Sec. 4104, added subsec. (i).
      1986 - Subsec. (a). Pub. L. 99-640 amended subsec. (a) generally,
    inserting cl. (1) designation before "a sailing school" and adding
    cl. (2).
      1984 - Subsec. (g). Pub. L. 98-557 substituted provisions
    relating to inspection under chapter 33 of this title, for
    provisions relating to applicability of part B of this subtitle.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-



-CITE-
    46 USC Sec. 8102                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 81 - GENERAL

-HEAD-
    Sec. 8102. Watchmen

-STATUTE-
      (a) The owner, charterer, or managing operator of a vessel
    carrying passengers during the nighttime shall keep a suitable
    number of watchmen in the vicinity of the cabins or staterooms and
    on each deck to guard against and give alarm in case of a fire or
    other danger. An owner, charterer, or managing operator failing to
    provide watchmen required by this section is liable to the United
    States Government for a civil penalty of $1,000.
      (b) The owner, charterer, managing operator, agent, master, or
    individual in charge of a fish processing vessel of more than 100
    gross tons as measured under section 14502 of this title, or an
    alternate tonnage measured under section 14302 of this title as
    prescribed by the Secretary under section 14104 of this title shall
    keep a suitable number of watchmen trained in firefighting on board
    when hotwork is being done to guard against and give alarm in case
    of a fire.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 548; Pub. L. 98-364, title
    IV, Sec. 402(10), July 17, 1984, 98 Stat. 448; Pub. L. 104-324,
    title VII, Sec. 726, Oct. 19, 1996, 110 Stat. 3939.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8102                                  46:470                        
                                          46:471                        
    --------------------------------------------------------------------

      Section 8102 requires the person responsible for the management
    of a vessel carrying passengers to have a suitable watch at night
    to guard against, and to sound an alarm in case of fire or other
    danger, or be liable for a civil penalty.

                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-324 inserted "as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title" after "100 gross tons".
      1984 - Pub. L. 98-364 designated existing provisions as subsec.
    (a) and added subsec. (b).

-End-



-CITE-
    46 USC Sec. 8103                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 81 - GENERAL

-HEAD-
    Sec. 8103. Citizenship and Navy Reserve requirements

-STATUTE-
      (a) Except as otherwise provided in this title, only a citizen of
    the United States may serve as master, chief engineer, radio
    officer, or officer in charge of a deck watch or engineering watch
    on a documented vessel.
      (b)(1) Except as otherwise provided in this section, on a
    documented vessel - 
        (A) each unlicensed seaman must be - 
          (i) a citizen of the United States;
          (ii) an alien lawfully admitted to the United States for
        permanent residence; or
          (iii) a foreign national who is enrolled in the United States
        Merchant Marine Academy.(!1)


        (B) not more than 25 percent of the total number of unlicensed
      seamen on the vessel may be aliens lawfully admitted to the
      United States for permanent residence.

      (2) Paragraph (1) of this subsection does not apply to - 
        (A) a yacht;
        (B) a fishing vessel fishing exclusively for highly migratory
      species (as that term is defined in section 3 of the Magnuson-
      Stevens Fishery Conservation and Management Act (16 U.S.C.
      1802)); and
        (C) a fishing vessel fishing outside of the exclusive economic
      zone.

      (3) The Secretary may waive a citizenship requirement under this
    section, other than a requirement that applies to the master of a
    documented vessel, with respect to - 
        (A) an offshore supply vessel or other similarly engaged vessel
      of less than 1,600 gross tons as measured under section 14502 of
      this title, or an alternate tonnage measured under section 14302
      of this title as prescribed by the Secretary under section 14104
      of this title that operates from a foreign port;
        (B) a mobile offshore drilling unit or other vessel engaged in
      support of exploration, exploitation, or production of offshore
      mineral energy resources operating beyond the water above the
      outer Continental Shelf (as that term is defined in section 2(a)
      of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); and
        (C) any other vessel if the Secretary determines, after an
      investigation, that qualified seamen who are citizens of the
      United States are not available.

      (c) On each departure of a vessel (except a passenger vessel) for
    which a construction or operating differential subsidy has been
    granted, all of the seamen of the vessel must be citizens of the
    United States.
      (d)(1) On each departure of a passenger vessel for which a
    construction or operating differential subsidy has been granted, at
    least 90 percent of the entire complement (including licensed
    individuals) must be citizens of the United States.
      (2) An individual not required by this subsection to be a citizen
    of the United States may be engaged only if the individual has a
    declaration of intention to become a citizen of the United States
    or other evidence of admission to the United States for permanent
    residence. An alien may be employed only in the steward's
    department of the passenger vessel.
      (e) If a documented vessel is deprived for any reason of the
    services of an individual (except the master and the radio officer)
    when on a foreign voyage and a vacancy consequently occurs, until
    the vessel's return to a port at which in the most expeditious
    manner a replacement who is a citizen of the United States can be
    obtained, an individual not a citizen of the United States may
    serve in - 
        (1) the vacancy; or
        (2) a vacancy resulting from the promotion of another
      individual to fill the original vacancy.

      (f) A person employing an individual in violation of this section
    or a regulation prescribed under this section is liable to the
    United States Government for a civil penalty of $500 for each
    individual so employed.
      (g) A deck or engineer officer employed on a vessel on which an
    operating differential subsidy is paid, or employed on a vessel
    (except a vessel of the Coast Guard or Saint Lawrence Seaway
    Development Corporation) owned or operated by the Department of
    Transportation or by a corporation organized or controlled by the
    Department, if eligible, shall be a member of the Navy Reserve.
      (h) The President may - 
        (1) suspend any part of this section during a proclaimed
      national emergency; and
        (2) when the needs of commerce require, suspend as far and for
      a period the President considers desirable, subsection (a) of
      this section for crews of vessels of the United States documented
      for foreign trade.

      (i)(1) Except as provided in paragraph (3) of this subsection,
    each unlicensed seaman on a fishing, fish processing, or fish
    tender vessel that is engaged in the fisheries in the navigable
    waters of the United States or the exclusive economic zone must be -
     
        (A) a citizen of the United States;
        (B) an alien lawfully admitted to the United States for
      permanent residence;
        (C) any other alien allowed to be employed under the
      Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or
        (D) an alien allowed to be employed under the immigration laws
      of the Commonwealth of the Northern Mariana Islands if the vessel
      is permanently stationed at a port within the Commonwealth and
      the vessel is engaged in the fisheries within the exclusive
      economic zone surrounding the Commonwealth or another United
      States territory or possession.

      (2) Not more than 25 percent of the unlicensed seamen on a vessel
    subject to paragraph (1) of this subsection may be aliens referred
    to in clause (C) of that paragraph.
      (3) This subsection does not apply to a fishing vessel fishing
    exclusively for highly migratory species (as that term is defined
    in section 3 of the Magnuson-Stevens Fishery Conservation and
    Management Act (16 U.S.C. 1802)).
      (j) Riding Gang Member. - This section does not apply to an
    individual who is a riding gang member.
      (k) Crew Requirements for Large Passenger Vessels. - 
        (1) Citizenship and nationality. - Each unlicensed seaman on a
      large passenger vessel shall be - 
          (A) a citizen of the United States;
          (B) an alien lawfully admitted to the United States for
        permanent residence;
          (C) an alien allowed to be employed in the United States
        under the Immigration and Nationality Act (8 U.S.C. 1101 et
        seq.), including an alien crewman described in section
        101(a)(15)(D)(i) of that Act (8 U.S.C. 1101(a)(15)(D)(i)), who
        meets the requirements of paragraph (3)(A) of this subsection;
        or
          (D) a foreign national who is enrolled in the United States
        Merchant Marine Academy.

        (2) Percentage limitation for alien seamen. - Not more than 25
      percent of the unlicensed seamen on a vessel described in
      paragraph (1) of this subsection may be aliens referred to in
      subparagraph (B) or (C) of that paragraph.
        (3) Special rules for certain unlicensed seamen. - 
          (A) Qualifications. - An unlicensed seaman described in
        paragraph (1)(C) of this subsection - 
            (i) shall have been employed, for a period of not less than
          1 year, on a passenger vessel under the same common ownership
          or control as the vessel described in paragraph (1) of this
          subsection, as certified by the owner or managing operator of
          such vessel to the Secretary;
            (ii) shall have no record of material disciplinary actions
          during such employment, as verified in writing by the owner
          or managing operator of such vessel to the Secretary;
            (iii) shall have successfully completed a United States
          Government security check of the relevant domestic and
          international databases, as appropriate, or any other
          national security-related information or database;
            (iv) shall have successfully undergone an employer
          background check - 
              (I) for which the owner or managing operator provides a
            signed report to the Secretary that describes the
            background checks undertaken that are reasonably and
            legally available to the owner or managing operator
            including personnel file information obtained from such
            seaman and from databases available to the public with
            respect to the seaman;
              (II) that consisted of a search of all information
            reasonably available to the owner or managing operator in
            the seaman's country of citizenship and any other country
            in which the seaman receives employment referrals, or
            resides;
              (III) that is kept on the vessel and available for
            inspection by the Secretary; and
              (IV) the information derived from which is made available
            to the Secretary upon request; and

            (v) may not be a citizen or temporary or permanent resident
          of a country designated by the United States as a sponsor of
          terrorism or any other country that the Secretary, in
          consultation with the Secretary of State and the heads of
          other appropriate United States agencies, determines to be a
          security threat to the United States.

          (B) Restrictions. - An unlicensed seaman described in
        paragraph (1)(C) of this subsection - 
            (i) may be employed only in the steward's department of the
          vessel; and
            (ii) may not perform watchstanding, automated engine room
          duty watch, or vessel navigation functions.

          (C) Status, documentation, and employment. - An unlicensed
        seaman described in subparagraph (C) or (D) of paragraph (1) of
        this subsection - 
            (i) is deemed to meet the nationality requirements
          necessary to qualify for a merchant mariners document
          notwithstanding the requirements of part 12 of title 46, Code
          of Federal Regulations;
            (ii) is deemed to meet the proof-of-identity requirements
          necessary to qualify for a merchant mariners document, as
          prescribed under regulations promulgated by the Secretary, if
          the seaman possesses - 
              (I) an unexpired passport issued by the government of the
            country of which the seaman is a citizen or subject; and
              (II) an unexpired visa issued to the seaman, as described
            in paragraph (1)(C);

            (iii) shall, if eligible, be issued a merchant mariners
          document with an appropriate annotation reflecting the
          restrictions of subparagraph (B) of this paragraph; and
            (iv) may be employed for a period of service on board not
          to exceed 36 months in the aggregate as a nonimmigrant
          crewman described in section 101(a)(15)(D)(i) of the
          Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(D)(i))
          on vessels engaged in domestic voyages notwithstanding the
          departure requirements and time limitations of such section
          and the regulations and rules promulgated thereunder.

        (4) Merchant mariner's document requirements not affected. -
      This subsection shall not be construed to affect any requirement
      under Federal law that an individual must hold a merchant
      mariner's document.
        (5) Definitions. - In this subsection:
          (A) Steward's department. - The term "steward's department"
        means the department that includes entertainment personnel and
        all service personnel, including wait staff, housekeeping
        staff, and galley workers, as defined in the vessel security
        plan approved by the Secretary pursuant to section 70103(c) of
        this title.
          (B) Large passenger vessel. - The term "large passenger
        vessel" means a vessel of more than 70,000 gross tons, as
        measured under section 14302 of this title, with capacity for
        at least 2,000 passengers and documented with a coastwise
        endorsement under chapter 121 of this title.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 548; Pub. L. 100-239, Secs.
    5(a)(1), (2), (b)-(d)(1), Jan. 11, 1988, 101 Stat. 1780; Pub. L.
    100-255, Mar. 4, 1988, 102 Stat. 23; Pub. L. 101-595, title VI,
    Sec. 603(6), title VII, Sec. 711, Nov. 16, 1990, 104 Stat. 2993,
    2997; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
    211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L. 104-324,
    title VII, Sec. 727, title XI, Sec. 1123, Oct. 19, 1996, 110 Stat.
    3939, 3980; Pub. L. 108-293, title IV, Sec. 412, Aug. 9, 2004, 118
    Stat. 1046; Pub. L. 109-163, div. A, title V, Sec. 515(f)(3)(A),
    (B), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 109-241, title III, Sec.
    312(c)(1), July 11, 2006, 120 Stat. 533; Pub. L. 109-304, Sec.
    15(22), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 109-364, div. C,
    title XXXV, Sec. 3509, Oct. 17, 2006, 120 Stat. 2518.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8103                                  46:221                        
                                          46:236                        
                                          46:672(h)                     
                                          46:672a                       
                                          46:690                        
                                          46:1132                       
    --------------------------------------------------------------------

      Section 8103 sets forth the requirements for citizenship and
    Naval Reserve membership for the complement on a vessel documented
    under the laws of the United States.
      Subsection (a) requires that the master, chief engineer, or
    officer in charge of a deck or engineering watch on a United States
    documented vessel be a United States citizen.
      Subsection (b) requires that 75 percent of the seamen, excluding
    licensed individuals, on a United States documented vessel be
    United States citizens, except for a fishing or whaling vessel or
    yacht. The Secretary may reduce the percentage if the Secretary
    decides on investigation that United States seamen are not
    available. This investigation and percentage reduction authority is
    the sole responsibility of the Secretary of Transportation and
    accordingly the Secretary is to make these decisions expeditiously,
    promptly, and independently so as not to be dependent on any other
    agency to make this reduction. The Committee believes the Secretary
    is capable of this decision and need not delay or fail to make the
    decision because some other agency does not have the information or
    would require an extended period to acquire that information. The
    phrase "for any reason" is used merely to emphasize the complete
    discretion of the Secretary in making this decision. In addition,
    because this decision is based on an investigation, formal
    procedures of the Administrative Procedure Act do not apply.
      Subsections (c) and (d) provide that a vessel, except a passenger
    vessel, on departure from the United States that has been granted a
    construction or operating differential subsidy have a higher
    percentage citizenship requirement. Subsection (c) requires all of
    the crew and employees of a cargo vessel be United States citizens.
    Subsection (d) requires at least 90 percent of the entire
    complement of a passenger vessel be United States citizens. The
    phrase "including all licensed individuals" emphasizes that all
    licensed individuals are required to be United States citizens as
    required by subsection (a) and that they compose part of the 90
    percent requirement under this subsection. Further, under
    subsection (d), the balance of the complement must be individuals
    who have a declaration of intention to become a United States
    citizen or evidence of admission to the United States as a
    permanent resident and may only be employed in the steward's
    department of the passenger vessel.
      Except for the master, subsection (e) permits a non-United States
    citizen to fill a vacancy that occurs for any reason on a United
    States documented vessel during a foreign voyage until the vessel
    returns to a United States port where a United States citizen
    replacement can be obtained. The phrase "for any reason" is used
    merely for emphasis.
      Subsection (f) provides for the penalty for violation of this
    section.
      Subsection (g) requires a deck or engineer officer on a vessel
    that has been granted an operating differential subsidy or is under
    the control by the Department of Transportation to be, if eligible,
    a member of the Naval Reserve. This section does not apply to a
    vessel of the Coast Guard or the Saint Lawrence Seaway Development
    Corporation.
      Subsection (h) permits the President to suspend the requirements
    of this section during a proclaimed national emergency or the
    requirement of subsection (a) for United States vessels documented
    for foreign trade when the needs of commerce require.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsecs.
    (i)(1)(C) and (k)(1)(C), is act June 27, 1952, ch. 477, 66 Stat.
    163, which is classified principally to chapter 12 (Sec. 1101 et
    seq.) of Title 8, Aliens and Nationality. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1101 of Title 8 and Tables.


-MISC2-
                                AMENDMENTS                            
      2006 - Pub. L. 109-163, Sec. 515(f)(3)(B), substituted "Navy
    Reserve" for "Naval Reserve" in section catchline.
      Subsec. (a). Pub. L. 109-304 substituted "Except as otherwise
    provided in this title, only" for "Only".
      Subsec. (g). Pub. L. 109-163, Sec. 515(f)(3)(A), substituted
    "Navy Reserve" for "Naval Reserve".
      Subsec. (j). Pub. L. 109-241 added subsec. (j).
      Subsec. (k). Pub. L. 109-364 added subsec. (k).
      2004 - Subsec. (b)(1)(A). Pub. L. 108-293 amended subpar. (A)
    generally. Prior to amendment, subpar. (A) read as follows: "each
    unlicensed seaman must be a citizen of the United States or an
    alien lawfully admitted to the United States for permanent
    residence; and".
      1996 - Subsec. (b)(2)(B). Pub. L. 104-208 substituted "Magnuson-
    Stevens Fishery" for "Magnuson Fishery".
      Subsec. (b)(3)(A). Pub. L. 104-324, Sec. 727, inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "1,600 gross
    tons".
      Subsec. (i)(1)(D). Pub. L. 104-324, Sec. 1123, added subpar. (D).
      Subsec. (i)(3). Pub. L. 104-208 substituted "Magnuson-Stevens
    Fishery" for "Magnuson Fishery".
      1990 - Subsec. (i)(3)(C). Pub. L. 101-595, Secs. 603(6) and 711,
    amended subpar. (C) identically, substituting "Nationality" for
    "Naturalization".
      1988 - Subsec. (a). Pub. L. 100-239, Sec. 5(a)(1), inserted
    "radio officer," after "chief engineer,".
      Subsec. (b). Pub. L. 100-255 substituted "section," for
    "subsection," in par. (3).
      Pub. L. 100-239, Sec. 5(a)(2), amended subsec. (b) generally.
    Prior to amendment, subsec. (b) read as follows: "On each departure
    of a documented vessel (except a fishing or whaling vessel or
    yacht) from a port of the United States, 75 percent of the seamen
    (excluding licensed individuals) must be citizens of the United
    States. If the Secretary decides, on investigation, that qualified
    citizen seamen are not available, the Secretary may reduce the
    percentage."
      Subsecs. (c), (d)(1). Pub. L. 100-239, Sec. 5(b), struck out
    "from the United States" after "On each departure".
      Subsec. (e). Pub. L. 100-239, Sec. 5(c), inserted "and the radio
    officer" after "the master" and substituted "until the vessel's
    return to a port at which in the most expeditious manner" for
    "until the vessel's first return to a United States port at which".
      Subsec. (i). Pub. L. 100-239, Sec. 5(d)(1), added subsec. (i).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
    211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that the
    amendment made by that section is effective 15 days after Oct. 11,
    1996.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Pub. L. 100-239, Sec. 5(a)(3), Jan. 11, 1988, 101 Stat. 1780,
    provided that: "Paragraph (2) of this subsection [amending this
    section] is effective 30 days after the date of enactment of this
    Act [Jan. 11, 1988]."
      Pub. L. 100-239, 5(d)(2), Jan. 11, 1988, 101 Stat. 1781, provided
    that: "This subsection [amending this section] is effective 360
    days after the day of the enactment of this Act [Jan. 11, 1988]."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC3-
          APPLICATION OF SECTION TO FISHING VESSELS IN CALIFORNIA      
      Pub. L. 101-595, title III, Sec. 317, Nov. 16, 1990, 104 Stat.
    2988, as amended by Pub. L. 104-324, title III, Sec. 301(d)(2)(B),
    Oct. 19, 1996, 110 Stat. 3916, provided that:
      "(a) Definition. - For purposes of the application of sections
    8103(a), 12102, 12110, 12111, and 12122(b) of title 46, United
    States Code, to a fishing vessel operating in waters subject to the
    jurisdiction of the United States off the coast of the State of
    California, the term 'citizen of the United States' includes an
    alien lawfully admitted to the United States for permanent
    residence.
      "(b) Termination. - This section shall terminate on October 1,
    2000."

-FOOTNOTE-               

    (!1) So in original. The period probably should be "; and".


-End-



-CITE-
    46 USC Sec. 8104                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 81 - GENERAL

-HEAD-
    Sec. 8104. Watches

-STATUTE-
      (a) An owner, charterer, managing operator, master, individual in
    charge, or other person having authority may permit an officer to
    take charge of the deck watch on a vessel when leaving or
    immediately after leaving port only if the officer has been off
    duty for at least 6 hours within the 12 hours immediately before
    the time of leaving.
      (b) On an oceangoing or coastwise vessel of not more than 100
    gross tons as measured under section 14502 of this title, or an
    alternate tonnage measured under section 14302 of this title as
    prescribed by the Secretary under section 14104 of this title
    (except a fishing, fish processing, or fish tender vessel), a
    licensed individual may not be required to work more than 9 of 24
    hours when in port, including the date of arrival, or more than 12
    of 24 hours at sea, except in an emergency when life or property
    are endangered.
      (c) On a towing vessel (except a towing vessel operated only for
    fishing, fish processing, fish tender, or engaged in salvage
    operations) operating on the Great Lakes, harbors of the Great
    Lakes, and connecting or tributary waters between Gary, Indiana,
    Duluth, Minnesota, Niagara Falls, New York, and Ogdensburg, New
    York, a licensed individual or seaman in the deck or engine
    department may not be required to work more than 8 hours in one day
    or permitted to work more than 15 hours in any 24-hour period, or
    more than 36 hours in any 72-hour period, except in an emergency
    when life or property are endangered.
      (d) On a merchant vessel of more than 100 gross tons as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title (except a vessel only operating
    on rivers, harbors, lakes (except the Great Lakes), bays, sounds,
    bayous, and canals, a fishing, fish tender, or whaling vessel, a
    fish processing vessel of not more than 5,000 gross tons as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title, yacht, or vessel
    engaged in salvage operations), the licensed individuals, sailors,
    coal passers, firemen, oilers, and water tenders shall be divided,
    when at sea, into at least 3 watches, and shall be kept on duty
    successively to perform ordinary work incident to the operation and
    management of the vessel. The requirement of this subsection
    applies to radio officers only when at least 3 radio officers are
    employed. A licensed individual or seaman in the deck or engine
    department may not be required to work more than 8 hours in one
    day.
      (e) On a vessel designated by subsection (d) of this section - 
        (1) a seaman may not be - 
          (A) engaged to work alternately in the deck and engine
        departments; or
          (B) required to work in the engine department if engaged for
        deck department duty or required to work in the deck department
        if engaged for engine department duty;

        (2) a seaman may not be required to do unnecessary work on
      Sundays, New Year's Day, July 4th, Labor Day, Thanksgiving Day,
      or Christmas Day, when the vessel is in a safe harbor, but this
      clause does not prevent dispatch of a vessel on a voyage; and
        (3) when the vessel is in a safe harbor, 8 hours (including
      anchor watch) is a day's work.

      (f) Subsections (d) and (e) of this section do not limit the
    authority of the master or other officer or the obedience of the
    seamen when, in the judgment of the master or other officer, any
    part of the crew is needed for - 
        (1) maneuvering, shifting the berth of, mooring, or unmooring,
      the vessel;
        (2) performing work necessary for the safety of the vessel, or
      the vessel's passengers, crew, or cargo;
        (3) saving life on board another vessel in jeopardy; or
        (4) performing fire, lifeboat, or other drills in port or at
      sea.

      (g) On a towing vessel, an offshore supply vessel, or a barge to
    which this section applies, that is engaged on a voyage of less
    than 600 miles, the licensed individuals and crewmembers (except
    the coal passers, firemen, oilers, and water tenders) may be
    divided, when at sea, into at least 2 watches.
      (h) On a vessel to which section 8904 of this title applies, an
    individual licensed to operate a towing vessel may not work for
    more than 12 hours in a consecutive 24-hour period except in an
    emergency.
      (i) A person violating subsection (a) or (b) of this section is
    liable to the United States Government for a civil penalty of
    $10,000.
      (j) The owner, charterer, or managing operator of a vessel on
    which a violation of subsection (c), (d), (e), or (h) of this
    section occurs is liable to the Government for a civil penalty of
    $10,000. The seaman is entitled to discharge from the vessel and
    receipt of wages earned.
      (k) On a fish processing vessel subject to inspection under part
    B of this subtitle, the licensed individuals and deck crew shall be
    divided, when at sea, into at least 3 watches.
      (l) Except as provided in subsection (k) of this section, on a
    fish processing vessel, the licensed individuals and deck crew
    shall be divided, when at sea, into at least 2 watches if the
    vessel - 
        (1) entered into service before January 1, 1988, and is more
      than 1,600 gross tons as measured under section 14502 of this
      title, or an alternate tonnage measured under section 14302 of
      this title as prescribed by the Secretary under section 14104 of
      this title; or
        (2) entered into service after December 31, 1987, and has more
      than 16 individuals on board primarily employed in the
      preparation of fish or fish products.

      (m) This section does not apply to a fish processing vessel - 
        (1) entered into service before January 1, 1988, and not more
      than 1,600 gross tons as measured under section 14502 of this
      title, or an alternate tonnage measured under section 14302 of
      this title as prescribed by the Secretary under section 14104 of
      this title; or
        (2) entered into service after December 31, 1987, and having
      not more than 16 individuals on board primarily employed in the
      preparation of fish or fish products.

      (n) On a tanker, a licensed individual or seaman may not be
    permitted to work more than 15 hours in any 24-hour period, or more
    than 36 hours in any 72-hour period, except in an emergency or a
    drill. In this subsection, "work" includes any administrative
    duties associated with the vessel whether performed on board the
    vessel or onshore.
      (o)(1) Except as provided in paragraph (2) of this subsection, on
    a fish tender vessel of not more than 500 gross tons as measured
    under section 14502 of this title, or less than 500 gross tons as
    measured under section 14502 of this title, or is less than 2,500
    gross tons as measured under section 14302 of this title engaged in
    the Aleutian trade, the licensed individuals and crewmembers shall
    be divided, when at sea, into at least 3 watches.
      (2) On a fish tender vessel of not more than 500 gross tons as
    measured under section 14502 of this title, or less than 500 gross
    tons as measured under section 14502 of this title, or is less than
    2,500 gross tons as measured under section 14302 of this title
    engaged in the Aleutian trade, the licensed individuals and
    crewmembers shall be divided, when at sea, into at least 2 watches,
    if the vessel - 
        (A) before September 8, 1990, operated in that trade; or
        (B)(i) before September 8, 1990, was purchased to be used in
      that trade; and
        (ii) before June 1, 1992, entered into service in that trade.

      (p) The Secretary may prescribe the watchstanding and work hours
    requirements for an oil spill response vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 549; Pub. L. 98-364, title
    IV, Sec. 402(11), July 17, 1984, 98 Stat. 448; Pub. L. 98-557, Sec.
    33(c), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99-307, Sec. 1(12),
    May 19, 1986, 100 Stat. 445; Pub. L. 101-380, title IV, Secs.
    4114(b), 4302(f), Aug. 18, 1990, 104 Stat. 517, 538; Pub. L. 101-
    595, title VI, Sec. 602(e)(1), Nov. 16, 1990, 104 Stat. 2991; Pub.
    L. 102-587, title V, Sec. 5212, Nov. 4, 1992, 106 Stat. 5077; Pub.
    L. 103-206, title III, Sec. 322(a), Dec. 20, 1993, 107 Stat. 2428;
    Pub. L. 104-324, title VII, Sec. 728, title XI, Secs. 1104(c),
    1114, Oct. 19, 1996, 110 Stat. 3939, 3967, 3971; Pub. L. 109-241,
    title III, Sec. 311(b), July 11, 2006, 120 Stat. 530.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8104                                  46:235                        
                                          46:405(b)                     
                                          46:673                        
    --------------------------------------------------------------------

      Section 8104 prescribes certain working hours and conditions
    under which working hours are set. The Committee intends that these
    sections be interpreted in a manner consistent with one another.
      Subsection (a) permits an individual to take charge of the deck
    watch on leaving port and immediately thereafter only if the
    individual has been off duty for 6 of the 12 hours immediately
    prior to departure.
      Subsection (b) prohibits a licensed individual from being
    required to work more than 9 of 24 hours in port or more than 12 of
    24 hours at sea on an oceangoing or coastwise vessel of not more
    than 100 gross tons, except in an emergency.
      Subsection (c) prescribes a maximum 8-hour day for licensed
    individuals and seamen on towing vessels operating on the Great
    Lakes and certain connecting or tributary waters.
      Subsection (d) requires certain members of the complement of
    certain merchant vessels of more than 100 gross tons to be divided
    into at least 3 successive watches when at sea. This requirement
    applies to radio officers only when at least 3 radio officers are
    employed. Subsection (d) also prescribes a maximum 8-hour work day
    for licensed individuals and seamen on these vessels.
      For the Great Lakes towing vessels and merchant vessels in
    subsections (c) and (d), subsection (e) requires that seamen be
    hired only for work in either the deck or the engine department.
    When in a safe harbor, seamen may be required to do only necessary
    work on Sundays and certain holidays, unless the vessel is getting
    underway on a voyage. Further, when in a safe harbor, this
    subsection restates the maximum 8-hour work day which applies even
    for anchor watch.
      Subsection (f) states that the limitations in subsections (d) and
    (e) do not apply if the master or other officer decides the crew is
    needed for certain routine, safety, or rescue activities.
      Subsection (g) provides that for a towing vessel (except a Great
    Lakes towing vessel under subsection (c)), offshore supply vessel,
    or barge on a voyage of less than 600 miles, the licensed officers
    and certain crewmembers may be divided into not less than two
    watches when at sea.
      Subsection (h) provides that the licensed operator for a towing
    vessel at least 26 feet long may not be required to work more than
    12 of 24 hours, except in an emergency.
      Subsections (i) and (j) prescribe penalties for violations of the
    provisions of this section and, in certain instances, entitles the
    seaman to discharge and payment of wages.

                                AMENDMENTS                            
      2006 - Subsec. (o). Pub. L. 109-241, which directed the
    substitution of "or less than 500 gross tons as measured under
    section 14502 of this title, or is less than 2,500 gross tons as
    measured under section 14302 of this title" for "or an alternate
    tonnage measured under section 14302 of this title as prescribed by
    the Secretary under section 14104 of this title" in subsec. (o),
    was executed by making the substitution in both pars. (1) and (2)
    to reflect the probable intent of Congress.
      1996 - Subsec. (b). Pub. L. 104-324, Sec. 728(1), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "100 gross
    tons".
      Subsec. (c). Pub. L. 104-324, Sec. 1114(a), struck out "or
    permitted" after "required" and inserted "or permitted to work more
    than 15 hours in any 24-hour period, or more than 36 hours in any
    72-hour period" after "day".
      Subsec. (d). Pub. L. 104-324, Sec. 728(2), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "100 gross tons" and after
    "5,000 gross tons".
      Subsec. (e). Pub. L. 104-324, Sec. 1114(b), substituted
    "subsection (d)" for "subsections (c) and (d)" in introductory
    provisions.
      Subsec. (g). Pub. L. 104-324, Sec. 1114(c), struck out "(except a
    vessel to which subsection (c) of this section applies)" after "On
    a towing vessel".
      Subsec. (l)(1). Pub. L. 104-324, Sec. 728(3), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "1,600 gross
    tons".
      Subsec. (m)(1). Pub. L. 104-324, Sec. 728(4), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "1,600 gross
    tons".
      Subsec. (o)(1). Pub. L. 104-324, Sec. 728(5), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "500 gross
    tons".
      Subsec. (o)(2). Pub. L. 104-324, Sec. 728(6), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "500 gross
    tons".
      Subsec. (p). Pub. L. 104-324, Sec. 1104(c), amended subsec. (p)
    generally. Prior to amendment, subsec. (p) read as follows: "On a
    vessel used only to respond to a discharge of oil or a hazardous
    substance, the licensed individuals and crewmembers may be divided
    into at least two watches when the vessel is engaged in an
    operation less than 12 hours in duration."
      1993 - Subsec. (g). Pub. L. 103-206, Sec. 322(a)(1), struck out
    "a vessel used only to respond to a discharge of oil or a hazardous
    substance," after "an offshore supply vessel,".
      Subsec. (p). Pub. L. 103-206, Sec. 322(a)(2), added subsec. (p).
      1992 - Subsec. (g). Pub. L. 102-587, Sec. 5212(1), inserted "a
    vessel used only to respond to a discharge of oil or a hazardous
    substance," after "an offshore supply vessel,".
      Subsecs. (n), (o). Pub. L. 102-587, Sec. 5212(2), redesignated
    subsec. (n), relating to fish tender vessels of not more than 500
    gross tons engaged in Aleutian trade, as (o).
      1990 - Subsecs. (i), (j). Pub. L. 101-380, Sec. 4302(f),
    substituted "$10,000" for "$100" in subsec. (i) and for "$500" in
    subsec. (j).
      Subsec. (n). Pub. L. 101-595 added subsec. (n) relating to fish
    tender vessels of not more than 500 gross tons engaged in Aleutian
    trade.
      Pub. L. 101-380, Sec. 4114(b), added subsec. (n) relating to
    tankers.
      1986 - Subsec. (k). Pub. L. 99-307 substituted "watches" for
    "watchers".
      1984 - Subsec. (b). Pub. L. 98-364, Sec. 402(11)(A), substituted
    "100 gross tons (except a fishing, fish processing, or fish tender
    vessel)" for "100 gross tons".
      Subsec. (c). Pub. L. 98-364, Sec. 402(11)(B), substituted
    "fishing, fish processing, fish tender," for "fishing".
      Subsec. (d). Pub. L. 98-364, Sec. 402(11)(C), substituted "a
    fishing, fish tender, or whaling vessel, a fish processing vessel
    of not more than 5,000 gross tons" for "a fishing or whaling
    vessel".
      Subsec. (k). Pub. L. 98-557 substituted "shall" for "may".
      Pub. L. 98-364, Sec. 402(11)(D), added subsec. (k).
      Subsec. (l). Pub. L. 98-557 substituted "shall" for "may" in
    provisions preceding par. (1).
      Pub. L. 98-364, Sec. 402(11)(D), added subsec. (l).
      Subsec. (m). Pub. L. 98-364, Sec. 402(11)(D), added subsec. (m).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-



-CITE-
    46 USC Sec. 8105                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 81 - GENERAL

-HEAD-
    Sec. 8105. Fishing vessel exemption

-STATUTE-
      Notwithstanding any other provision of law, neither the
    International Convention on Standards of Training, Certification
    and Watchkeeping for Seafarers, 1978, nor any amendment to such
    convention, shall apply to a fishing vessel, including a fishing
    vessel used as a fish tender vessel.

-SOURCE-
    (Added Pub. L. 104-324, title XI, Sec. 1146(a), Oct. 19, 1996, 110
    Stat. 3992.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 8105, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 550,
    authorized Secretary to prescribe regulations to carry out this
    part prior to repeal by Pub. L. 101-595, title VI, Sec. 603(7)(A),
    Nov. 16, 1990, 104 Stat. 2993.

-End-



-CITE-
    46 USC Sec. 8106                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 81 - GENERAL

-HEAD-
    Sec. 8106. Riding gangs

-STATUTE-
      (a) In General. - The owner or managing operator of a freight
    vessel of the United States on voyages covered by the International
    Convention for Safety of Life at Sea, 1974 (32 UST 47m) shall - 
        (1) ensure that - 
          (A) subject to subsection (d), each riding gang member on the
        vessel - 
            (i) is a United States citizen or an alien lawfully
          admitted to the United States for permanent residence; or
            (ii) possesses a United States nonimmigrant visa for
          individuals desiring to enter the United States temporarily
          for business, employment-related and personal identifying
          information, and any other documentation required by the
          Secretary;

          (B) all required documentation for such member is kept on the
        vessel and available for inspection by the Secretary; and
          (C) each riding gang member is identified on the vessel's
        crew list;

        (2) ensure that - 
          (A) the owner or managing operator attests in a certificate
        that the background of each riding gang member has been
        examined and found to be free of any credible information
        indicating a material risk to the security of the vessel, the
        vessel's cargo, the ports the vessel visits, or other
        individuals onboard the vessel;
          (B) the background check consisted of a search of all
        information reasonably available to the owner or managing
        operator in the riding gang member's country of citizenship and
        any other country in which the riding gang member works,
        receives employment referrals, or resides;
          (C) the certificate required under subparagraph (A) is kept
        on the vessel and available for inspection by the Secretary;
        and
          (D) the information derived from any such background check is
        made available to the Secretary upon request;

        (3) ensure that each riding gang member, while on board the
      vessel, is subject to the same random chemical testing and
      reporting regimes as crew members;
        (4) ensure that each such riding gang member receives basic
      safety familiarization and basic safety training approved by the
      Coast Guard as satisfying the requirements for such training
      under the International Convention of Training, Certification,
      and Watchkeeping for Seafarers, 1978;
        (5) prevent from boarding the vessel, or cause the removal from
      the vessel at the first available port, and disqualify from
      future service on board any other vessel owned or operated by
      that owner or operator, any riding gang member - 
          (A) who has been convicted in any jurisdiction of an offense
        described in paragraph (2) or (3) of section 7703;
          (B) whose license, certificate of registry, or merchant
        mariner's document has been suspended or revoked under section
        7704; or
          (C) who otherwise constitutes a threat to the safety of the
        vessel;

        (6) ensure and certify to the Secretary that the sum of - 
          (A) the number of riding gang members on board a freight
        vessel, and
          (B) the number of individuals in addition to crew permitted
        under section 3304,

      does not exceed 12;
        (7) ensure that every riding gang member is employed on board
      the vessel under conditions that meet or exceed the minimum
      international standards of all applicable international labor
      conventions to which the United States is a party, including all
      of the merchant seamen protection and relief provided under
      United States law; and
        (8) ensure that each riding gang member - 
          (A) is supervised by an individual who holds a license issued
        under chapter 71; and
          (B) only performs work in conjunction with individuals who
        hold merchant mariners documents issued under chapter 73 and
        who are part of the vessel's crew.

      (b) Permitted Work. - Subject to subsection (f), a riding gang
    member on board a vessel to which subsection (a) applies who is
    neither a United States citizen nor an alien lawfully admitted to
    the United States for permanent residence may not perform any work
    on board the vessel other than - 
        (1) work in preparation of a vessel entering a shipyard located
      outside of the United States;
        (2) completion of the residual repairs after departing a
      shipyard located outside of the United States; or
        (3) technical in-voyage repairs, in excess of any repairs that
      can be performed by the vessel's crew, in order to advance the
      vessel's useful life without having to actually enter a shipyard.

      (c) Workday Limit. - 
        (1) In general. - The maximum number of days in any calendar
      year that the owner or operator of a vessel to which subsection
      (a) applies may employ on board riding gang members who are
      neither United States citizens nor aliens lawfully admitted to
      the United States for permanent residence for work on board that
      vessel is 60 days. If the vessel is at sea on the 60th day, each
      riding gang member shall be discharged from the vessel at the
      next port of call reached by the vessel after the date on which
      the 60-workday limit is reached.
        (2) Calculation. - For the purpose of calculating the 60-
      workday limit under this subsection, each day worked by a riding
      gang member who is neither a United States citizen nor an alien
      lawfully admitted to the United States for permanent residence
      shall be counted against the limitation.

      (d) Exceptions for Warranty Work. - 
        (1) In general. - Subsections (b), (c), (e), and (f) do not
      apply to a riding gang member employed exclusively to perform,
      and who performs only, work that is - 
          (A) customarily performed by original equipment
        manufacturers' technical representatives;
          (B) required by a manufacturer's warranty on specific
        machinery and equipment; or
          (C) required by a contractual guarantee or warranty on actual
        repairs performed in a shipyard located outside of the United
        States.

        (2) Citizenship requirement. - Subsection (a)(1)(A) applies
      only to a riding gang member described in paragraph (1) who is on
      the vessel when it calls at a United States port.

      (e) Recordkeeping. - In addition to the requirements of
    subsection (a), the owner or managing operator of a vessel to which
    subsection (a) applies shall ensure that all information necessary
    to ensure compliance with this section, as determined by the
    Secretary, is entered into the vessel's official logbook required
    by chapter 113.
      (f) Failure to Employ Qualified Available U.S. Citizens or
    Residents. - 
        (1) In general. - The owner or operator of a vessel to which
      subsection (a) applies may not employ a riding gang member who is
      neither a United States citizen nor an alien lawfully admitted to
      the United States for permanent residence to perform work
      described in subsection (b) unless the owner or operator
      determines, in accordance with procedures established by the
      Secretary to carry out section 8103(b)(3)(C), that there is not a
      sufficient number of United States citizens or individuals
      lawfully admitted to the United States for permanent residence
      who are qualified and available for the work for which the riding
      gang member is to be employed.
        (2) Civil penalty. - A violation of paragraph (1) is punishable
      by a civil penalty of not more than $10,000 for each day during
      which the violation continues.
        (3) Continuing violations. - The maximum amount of a civil
      penalty for a violation under this subsection shall not exceed - 
          (A) $50,000 if the violation occurs in fiscal year 2006;
          (B) $75,000 if the violation occurs in fiscal year 2007; and
          (C) $100,000 if the violation occurs after fiscal year 2007.

        (4) Determination of amount. - In determining the amount of the
      penalty, the Secretary shall take into account the nature,
      circumstances, extent, and gravity of the violation committed
      and, with respect to the violator, the degree of culpability, the
      history of prior offenses, the ability to pay, and such other
      matters as justice may require.
        (5) Compromise, modification, and remittal. - The Secretary may
      compromise, modify, or remit, with or without conditions, any
      civil penalty imposed under this section.

-SOURCE-
    (Added Pub. L. 109-241, title III, Sec. 312(a), July 11, 2006, 120
    Stat. 530.)


-MISC1-
            INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA        
      For International Conventions for the Safety of Life at Sea to
    which the United States has been a party, see section 1602 of Title
    33, Navigation and Navigable Waters, and notes thereunder.

-End-


-CITE-
    46 USC CHAPTER 83 - MASTERS AND OFFICERS                    01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 83 - MASTERS AND OFFICERS

-HEAD-
                     CHAPTER 83 - MASTERS AND OFFICERS                 

-MISC1-
    Sec.                                                     
    8301.       Minimum number of licensed individuals.               
    8302.       Staff department.                                     
    8303.       Service under licenses issued without examination.    
    8304.       Implementing the Officers' Competency Certificates
                 Convention, 1936.                                    

                       HISTORICAL AND REVISION NOTES                   
      For certain vessels of the United States, chapter 83 prescribes
    the minimum number of licensed individuals (including masters),
    establishes the staff department consisting of medical and clerical
    personnel, restricts service under certain licenses issued without
    examination, and implements the Officers' Competency Certificates
    Convention of 1936.

-End-



-CITE-
    46 USC Sec. 8301                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 83 - MASTERS AND OFFICERS

-HEAD-
    Sec. 8301. Minimum number of licensed individuals

-STATUTE-
      (a) Except as provided in chapter 89 of this title and except for
    a vessel operating only on rivers, harbors, lakes (except the Great
    Lakes), bays, sounds, bayous, and canals, a vessel subject to
    inspection under chapter 33 of this title shall engage a minimum of
    licensed individuals as follows:
        (1) Each of those vessels propelled by machinery or carrying
      passengers shall have a licensed master.
        (2) A vessel of at least 1,000 gross tons as measured under
      section 14502 of this title, or an alternate tonnage measured
      under section 14302 of this title as prescribed by the Secretary
      under section 14104 of this title and propelled by machinery
      shall have 3 licensed mates, except - 
          (A) in the case of a vessel other than a mobile offshore
        drilling unit, if on a voyage of less than 400 miles from port
        of departure to port of final destination, the vessel shall
        have 2 licensed mates; and
          (B) in the case of a mobile offshore drilling unit, the
        vessel shall have licensed individuals as provided by
        regulations prescribed by the Secretary under section 8101 of
        this title.

        (3) A vessel of at least 200 gross tons but less than 1,000
      gross tons as measured under section 14502 of this title, or an
      alternate tonnage measured under section 14302 of this title as
      prescribed by the Secretary under section 14104 of this title and
      propelled by machinery shall have 2 licensed mates.
        (4) A vessel of at least 100 gross tons but less than 200 gross
      tons as measured under section 14502 of this title, or an
      alternate tonnage measured under section 14302 of this title as
      prescribed by the Secretary under section 14104 of this title and
      propelled by machinery shall have one licensed mate. However, if
      the vessel is on a voyage of more than 24 hours, it shall have 2
      licensed mates.
        (5) A freight vessel or a passenger vessel of at least 300
      gross tons as measured under section 14502 of this title, or an
      alternate tonnage measured under section 14302 of this title as
      prescribed by the Secretary under section 14104 of this title and
      propelled by machinery shall have a licensed engineer.

      (b) An offshore supply vessel on a voyage of less than 600 miles
    shall have a licensed mate. However, if the vessel is on a voyage
    of at least 600 miles, the vessel shall have 2 licensed mates. An
    offshore supply vessel of more than 200 gross tons as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title may not be operated without a
    licensed engineer.
      (c) Subsection (a) of this section does not apply to a fishing or
    whaling vessel, a mobile offshore drilling unit when on location,
    or a yacht.
      (d) The Secretary may - 
        (1) suspend any part of this chapter during a national
      emergency proclaimed by the President; and
        (2) increase the number of licensed individuals on a vessel to
      which this chapter applies if, in the Secretary's judgment, the
      vessel is not sufficiently manned for safe operation.

      (e) The Secretary may prescribe the minimum number of licensed
    individuals for an oil spill response vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 550; Pub. L. 98-557, Sec.
    29(c), (d), Oct. 30, 1984, 98 Stat. 2873, 2874; Pub. L. 99-640,
    Sec. 11(d), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 100-448, Sec. 7,
    Sept. 28, 1988, 102 Stat. 1842; Pub. L. 103-206, title III, Sec.
    322(b), Dec. 20, 1993, 107 Stat. 2428; Pub. L. 104-324, title VII,
    Sec. 729, title XI, Sec. 1104(d), Oct. 19, 1996, 110 Stat. 3940,
    3967.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8301                                  46:223                        
                                          46:404-1(8)                   
    --------------------------------------------------------------------

      Section 8301 prescribes the minimum number of licensed
    individuals on board certain vessels based on the vessel's size or
    propulsion, length of voyage by distance or time, or any
    combination of these factors.
      Subsection (a) applies to certain merchant and passenger carrying
    vessels of the United States, each of which must have a licensed
    master regardless of the factors listed above. Subsection (b)
    applies to offshore supply vessels. Subsection (c) exempts fishing
    or whaling vessels or yachts from these requirements.
      Subsection (d) permits the Secretary to suspend any part of this
    chapter during a declared national emergency or to increase the
    number of licensed individuals required by this chapter if required
    for safe operation of a vessel.

                                AMENDMENTS                            
      1996 - Subsec. (a)(2). Pub. L. 104-324, Sec. 729(1), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "1,000 gross
    tons".
      Subsec. (a)(3). Pub. L. 104-324, Sec. 729(2), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "1,000 gross
    tons".
      Subsec. (a)(4). Pub. L. 104-324, Sec. 729(3), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "200 gross
    tons".
      Subsec. (a)(5). Pub. L. 104-324, Sec. 729(4), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "300 gross
    tons".
      Subsec. (b). Pub. L. 104-324, Sec. 729(5), inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "200 gross tons".
      Subsec. (e). Pub. L. 104-324, Sec. 1104(d), amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "A
    vessel used only to respond to a discharge of oil or a hazardous
    substance shall have - 
        "(1) two licensed mates when the vessel is engaged in an
      operation over 12 hours in duration;
        "(2) one licensed mate when the vessel is engaged in an
      operation less than 12 hours in duration; and
        "(3) if the vessel is more than 200 gross tons, a licensed
      engineer when the vessel is operating."
      1993 - Subsec. (e). Pub. L. 103-206 added subsec. (e).
      1988 - Subsec. (a)(2). Pub. L. 100-448 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "A vessel
    of at least 1,000 gross tons and propelled by machinery shall have
    3 licensed mates. However, if the vessel is on a voyage of less
    than 400 miles from port of departure to port of final destination,
    it shall have 2 licensed mates."
      1986 - Subsec. (c). Pub. L. 99-640 inserted ", a mobile offshore
    drilling unit when on location,".
      1984 - Subsec. (a). Pub. L. 98-557, Sec. 29(c), in provisions
    preceding par. (1) inserted exception for the Great Lakes and
    substituted provisions relating to inspection under chapter 33 of
    this title for provisions relating to applicability of part B of
    this subtitle.
      Subsec. (a)(1). Pub. L. 98-557, Sec. 29(d), inserted "propelled
    by machinery or carrying passengers".

-End-



-CITE-
    46 USC Sec. 8302                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 83 - MASTERS AND OFFICERS

-HEAD-
    Sec. 8302. Staff department

-STATUTE-
      (a) This section applies to a vessel of the United States except -
     
        (1) a fishing or whaling vessel or a yacht;
        (2) a vessel operated only on bays, sounds, inland waters, and
      lakes (except the Great Lakes); and
        (3) a vessel ferrying passengers and cars on the Great Lakes.

      (b) The staff department on a vessel is a separate and
    independent department. It consists of individuals registered under
    section 7101 of this title, clerks, and individuals assigned to the
    senior registered medical doctor.
      (c) The staff department is composed of a medical division and a
    purser's division. The officer in charge of each division is
    responsible only to the master. The senior registered medical
    doctor is in charge of the medical division. The senior registered
    purser is in charge of the purser's division.
      (d) The officer in charge of the purser's division of the staff
    department on an oceangoing passenger vessel licensed to carry more
    than 100 passengers shall be a registered chief purser. When more
    than 3 persons are employed in the purser's division of that
    vessel, there also shall be at least one registered senior
    assistant purser and one registered junior assistant purser.
      (e) A person may not employ an individual to serve in, and an
    individual may not serve in, a grade of staff officer on a vessel,
    when that staff officer is required by this section to be
    registered, if the individual does not have a certificate of
    registry as staff officer in that grade. A person (including an
    individual) violating this subsection is liable to the United
    States Government for a civil penalty of $100. However, if a
    registered staff officer is not available at the time of sailing,
    the vessel may sail with an unregistered staff officer or without a
    staff officer.
      (f) A staff officer may not be included in a vessel's certificate
    of inspection.
      (g) A registered staff officer serving under this section who is
    a member of the Navy Reserve may wear on the officer's uniform
    special distinguishing insignia prescribed by the Secretary of the
    Navy.
      (h) The uniform stripes, decoration, or other insignia worn by a
    staff officer shall be of gold braid or woven gold or silver
    material. A crewmember (except a staff officer) may not wear any
    uniform with a staff officer's identifying insignia.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 551; Pub. L. 99-36, Sec.
    1(a)(4), May 15, 1985, 99 Stat. 67; Pub. L. 109-163, div. A, title
    V, Sec. 515(f)(3)(A), Jan. 6, 2006, 119 Stat. 3236.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8302(a)-(d)                           46:242                        
                                          46:248                        
    8302(e), (f)                          46:246(a)                     
    8302(g)                               46:245(a)                     
    8302(h)                               46:245(b)                     
    --------------------------------------------------------------------

      Section 8302 sets forth the organization and manning requirements
    of the staff department of a vessel. The staff department has
    medical and clerical responsibilities.
      Subsection (a) applies this section to every United States vessel
    except a yacht, a fishing, whaling, or certain types of inland
    waterway vessel, and a ferry carrying passengers or cars on the
    Great Lakes. A ferry is a vessel that primarily carries passengers,
    cars, or trains from shore to shore as a means to connect existing
    points on a transportation route so that the same type of
    transportation mode may continue to be used upon arrival at either
    point. Vessels carrying cars as cargo would not be included in this
    type of vessel.
      Subsection (b) establishes the staff department as a separate one
    consisting of registered individuals (pursers, medical doctors, and
    professional nurses), clerks, and medical assistants. Subsection
    (c) divides the department into a medical division and a purser's
    division and designates the individual in charge of each division.
    Subsection (d) prescribes particular requirements of the purser's
    division based on size of the vessel or number of individuals
    employed in the division.
      Subsection (e) prohibits the employment or service of an
    individual who is not registered or of the grade as required under
    this section and prescribes a penalty for violation of the
    subsection. This penalty applies to both the employer and the
    individual employed. If a registered staff officer is unavailable
    at the time of departure for a voyage, the vessel may proceed on
    its voyage with either an unregistered staff officer or without a
    staff officer.
      Subsection (f) prohibits including a staff officer on a vessel's
    certificate of inspection.
      Subsections (g) and (h) prescribe the type and restrictions for
    the uniform accouterments of a staff officer.

                                AMENDMENTS                            
      2006 - Subsec. (g). Pub. L. 109-163 substituted "Navy Reserve"
    for "Naval Reserve".
      1985 - Subsec. (b). Pub. L. 99-36 inserted a comma after
    "clerks".

-End-



-CITE-
    46 USC Sec. 8303                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 83 - MASTERS AND OFFICERS

-HEAD-
    Sec. 8303. Service under licenses issued without examination

-STATUTE-
      An individual issued a license without examination before October
    29, 1941, to serve as master, mate, or engineer on a vessel not
    subject to inspection under part B of this subtitle, may not serve
    under authority of that license on a vessel that is subject to
    inspection under part B.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 552.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8303                                  46:224a                       
    --------------------------------------------------------------------

      Section 8303 prohibits an individual licensed without an
    examination on an uninspected vessel prior to October 29, 1941,
    from serving as a master, mate, or engineer on an inspected vessel.

-End-



-CITE-
    46 USC Sec. 8304                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 83 - MASTERS AND OFFICERS

-HEAD-
    Sec. 8304. Implementing the Officers' Competency Certificates
      Convention, 1936

-STATUTE-
      (a) In this section, "high seas" means waters seaward of the
    Boundary Line.
      (b) The Officers' Competency Certificates Convention, 1936
    (International Labor Organization Draft Convention Numbered 53, on
    the minimum requirement of professional capacity for masters and
    officers on board merchant vessels), as ratified by the President
    on September 1, 1938, with understandings appended, and this
    section apply to a documented vessel operating on the high seas
    except - 
        (1) a public vessel;
        (2) a wooden vessel of primitive build, such as a dhow or junk;
        (3) a barge; and
        (4) a vessel of less than 200 gross tons as measured under
      section 14502 of this title, or an alternate tonnage measured
      under section 14302 of this title as prescribed by the Secretary
      under section 14104 of this title.

      (c) A person may not engage or employ an individual to serve as,
    and an individual may not serve as, a master, mate, or engineer on
    a vessel to which this section applies, if the individual does not
    have a license issued under section 7101 of this title authorizing
    service in the capacity in which the individual is to be engaged or
    employed.
      (d) A person (including an individual) violating this section is
    liable to the United States Government for a civil penalty of $100.
      (e) A license issued to an individual to whom this section
    applies is a certificate of competency.
      (f) A designated official may detain a vessel to which this
    section applies (by written order served on the owner, charterer,
    managing operator, agent, master, or individual in charge of the
    vessel) when there is reason to believe that the vessel is about to
    proceed from a port of the United States to the high seas in
    violation of this section or a provision of the convention
    described in subsection (b) of this section. The vessel may be
    detained until the vessel complies with this section. Clearance may
    not be granted to a vessel ordered detained under this section.
      (g) A foreign vessel to which the convention described in
    subsection (b) of this section applies, on the navigable waters of
    the United States, is subject to detention under subsection (f) of
    this section, and to an examination that may be necessary to decide
    if there is compliance with the convention.
      (h) The owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel detained under subsection (f) or
    (g) of this section may appeal the order within 5 days as provided
    by regulation.
      (i) An officer or employee of the Customs Service may be
    designated to enforce this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 552; Pub. L. 104-324, title
    VII, Sec. 730, Oct. 19, 1996, 110 Stat. 3940.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8304                                  46:224a                       
                                          46:241                        
    --------------------------------------------------------------------

      Section 8304 implements the Officers' Competency Certificates
    Convention, 1936, as ratified by the President on September 1,
    1938, with understandings appended.
      Subsection (a) defines "high seas" for this section. Subsection
    (b) implements the Convention, applies the Convention to United
    States vessels on the high seas, and exempts certain vessels.
      Subsection (c) prohibits the employment or service of an
    individual as a master, mate, or engineer on a vessel under this
    section unless the individual has a license issued under section
    7101 for the particular capacity in which the individual is
    employed.
      Subsection (d) prescribes a civil penalty for violating this
    section.
      Subsection (e) states that the license referred to in subsection
    (c) is a certificate of competency for purposes of the Convention.
      Subsection (f) provides for the detention of a vessel in
    violation of this section or the Convention.
      Subsection (g) applies the detention provision to a foreign
    vessel on the navigable waters of the United States and subjects it
    to an examination for compliance with the Convention.
      Subsection (h) provides for an appeal of the detention order.
      Subsection (i) permits the designation of a Customs Service
    officer or employee to enforce this section.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Officers' Competency Certificates Convention, 1936, referred
    to in subsec. (b), is set out in 54 Stat. Pt. 2, p. 1683.


-MISC2-
                                AMENDMENTS                            
      1996 - Subsec. (b)(4). Pub. L. 104-324 inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "200 gross tons".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-End-


-CITE-
    46 USC CHAPTER 85 - PILOTS                                  01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 85 - PILOTS

-HEAD-
                            CHAPTER 85 - PILOTS                        

-MISC1-
    Sec.                                                     
    8501.       State regulation of pilots.                           
    8502.       Federal pilots required.                              
    8503.       Federal pilots authorized.                            

                       HISTORICAL AND REVISION NOTES                   
      Chapter 85 provides for State pilotage to be regulated by the
    States and only in conformity with the laws of the States. It
    clearly spells out the preeminence of the State's role in
    regulating pilots for vessels operating on the bays, rivers,
    harbors, and ports of the United States. However, those vessels
    that are required to have a Federally licensed pilot, those that
    operate on waters outside the territorial sea of the United States,
    and those that operate on waters of the Great Lakes are not subject
    to State pilotage laws or requirements. In essence this chapter,
    with minor changes, confirms the State and Federal relationship
    with respect to pilotage that has evolved since the founding of the
    Nation.
      This chapter permits the continuation of Federal pilotage
    requirements for vessels that are not required to obtain compulsory
    State pilotage. It confirms the practice of allowing anyone with a
    Federal pilotage endorsement for the waters in which the vessel is
    operating to be in control of a vessel when engaged in the
    coastwide trade. It also confirms the practice of using Federal
    pilots that are often organized into groups or working
    organizations who offer their expertise and services to vessels
    that are not required to obtain compulsory State pilotage.

                                AMENDMENTS                            
      1984 - Pub. L. 98-557, Sec. 29(f)(3)(B), Oct. 30, 1984, 98 Stat.
    2874, added item 8503.

-End-



-CITE-
    46 USC Sec. 8501                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 85 - PILOTS

-HEAD-
    Sec. 8501. State regulation of pilots

-STATUTE-
      (a) Except as otherwise provided in this subtitle, pilots in the
    bays, rivers, harbors, and ports of the United States shall be
    regulated only in conformity with the laws of the States.
      (b) The master of a vessel entering or leaving a port on waters
    that are a boundary between 2 States, and that is required to have
    a pilot under this section, may employ a pilot licensed or
    authorized by the laws of either of the 2 States.
      (c) A State may not adopt a regulation or provision that
    discriminates in the rate of pilotage or half-pilotage between
    vessels sailing between the ports of one State and vessels sailing
    between the ports of different States, or against vessels because
    of their means of propulsion, or against public vessels of the
    United States.
      (d) A State may not adopt a regulation or provision that requires
    a coastwise vessel to take a pilot licensed or authorized by the
    laws of a State if the vessel - 
        (1) is propelled by machinery and subject to inspection under
      part B of this subtitle; or
        (2) is subject to inspection under chapter 37 of this title.

      (e) Any regulation or provision violating this section is void.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98-557, Sec.
    29(e), Oct. 30, 1984, 98 Stat. 2874.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8501(a)                               46:211                        
    8501(b)                               46:212                        
    8501(c), (e)                          46:213                        
    8501(d)                               46:215                        
    --------------------------------------------------------------------

      Section 8501 establishes the general proposition that the States
    regulate pilots in the bays, rivers, harbors, and ports of the
    United States, unless otherwise specifically provided by law.
      Subsection (a) states this general proposition and uses the word
    "only" for emphasis on this point. Further, except as specifically
    provided in law, the Committee intends that this chapter not be
    construed to annul or affect any regulation established by the laws
    of a State requiring a vessel entering or leaving a port in that
    State to employ a pilot licensed or authorized by the laws of that
    State. In at least two places in current law, this general
    proposition is stated in both a positive and negative manner. The
    Committee intends to consolidate those separate statements into one
    provision to avoid ambiguity and redundancy.
      Subsections (b) and (c) contain provisions regarding pilotage in
    waters between two States.
      Subsection (d) prohibits a State from requiring a State licensed
    pilot on certain coastwise vessels.
      Subsection (e) voids any regulation or provision violating this
    section.

                                AMENDMENTS                            
      1984 - Subsec. (a). Pub. L. 98-557 substituted "subtitle" for
    "part".

-End-



-CITE-
    46 USC Sec. 8502                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 85 - PILOTS

-HEAD-
    Sec. 8502. Federal pilots required

-STATUTE-
      (a) Except as provided in subsections (g) and (i) of this
    section, a coastwise seagoing vessel shall be under the direction
    and control of a pilot licensed under section 7101 of this title if
    the vessel is - 
        (1) not sailing on register;
        (2) underway;
        (3) not beyond 3 nautical miles from the baselines from which
      the territorial sea of the United States is measured; and
        (4)(A) propelled by machinery and subject to inspection under
      part B of this subtitle; or
        (B) subject to inspection under chapter 37 of this title.

      (b) The fees charged for pilotage by pilots required under this
    section may not be more than the customary or legally established
    rates in the States in which the pilotage is performed.
      (c) A State or political subdivision of a State may not impose on
    a pilot licensed under this subtitle an obligation to procure a
    State or other license, or adopt any other regulation that will
    impede the pilot in the performance of the pilot's duties under the
    laws of the United States.
      (d) A State or political subdivision of a State may not levy
    pilot charges on a vessel lawfully piloted by a pilot required
    under this section.
      (e) The owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel operated in violation of this
    section or a regulation prescribed under this section is liable to
    the United States Government for a civil penalty of $10,000. The
    vessel also is liable in rem for the penalty.
      (f) An individual serving as a pilot without having a license
    required by this section or a regulation prescribed under this
    section is liable to the Government for a civil penalty of $10,000.
      (g)(1) The Secretary shall designate by regulation the areas of
    the approaches to and waters of Prince William Sound, Alaska, if
    any, on which a vessel subject to this section is not required to
    be under the direction and control of a pilot licensed under
    section 7101 of this title.
      (2) In any area of Prince William Sound, Alaska, where a vessel
    subject to this section is required to be under the direction and
    control of a pilot licensed under section 7101 of this title, the
    pilot may not be a member of the crew of that vessel and shall be a
    pilot licensed by the State of Alaska who is operating under a
    Federal license, when the vessel is navigating waters between
    60&#186;<!-- degrees -->49 North latitude and the Port of Valdez,
    Alaska.
      (h) The Secretary shall designate waters on which tankers over
    1,600 gross tons subject to this section shall have on the bridge a
    master or mate licensed to direct and control the vessel under
    section 7101(c)(1) of this title who is separate and distinct from
    the pilot required under subsection (a) of this section.
      (i)(1) Except as provided in paragraph (2), a dredge to which
    this section would otherwise apply is exempt from the requirements
    of this section.
      (2) If the Secretary determines, after notice and comment, that
    the exemption under paragraph (1) creates a hazard to navigational
    safety in a specified area, the Secretary may require that a dredge
    exempted by paragraph (1) which is operating in that area shall
    comply with this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98-557, Sec.
    29(f)(1), (2), Oct. 30, 1984, 98 Stat. 2874; Pub. L. 99-307, Sec.
    1(13), May 19, 1986, 100 Stat. 446; Pub. L. 101-380, title IV,
    Secs. 4116(a), (b), 4302(g), Aug. 18, 1990, 104 Stat. 522, 539;
    Pub. L. 101-595, title III, Sec. 307, Nov. 16, 1990, 104 Stat.
    2985; Pub. L. 105-383, title III, Sec. 301(b)(7), Nov. 13, 1998,
    112 Stat. 3417.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8502                                  46:215                        
                                          46:364                        
                                          46:391a                       
                                          46:497                        
    --------------------------------------------------------------------

      Section 8502 sets forth the provisions and requirements for
    pilots licensed under section 7101. It is an exception provided by
    law envisioned under section 8501(a).
      Subsection (a) applies the requirement for a Federal pilot to
    coastwise seagoing vessels if propelled by machinery and inspected
    under part B or if inspected under chapter 37, including a tank
    barge. The section has been carefully worded to clearly set out
    those vessels that are required at times to have a Federal pilot.
      Subsection (b) prohibits Federal pilot fees from being higher
    than those required for State pilots. Subsections (c) and (d)
    prohibit States from imposing impediments to the proper performance
    of, or levying charges related to, Federal pilotage.
      Subsections (e) and (f) prescribe civil penalties for violation
    of this section.

                                AMENDMENTS                            
      1998 - Subsec. (a)(3). Pub. L. 105-383 substituted "not beyond 3
    nautical miles from the baselines from which the territorial sea of
    the United States is measured" for "not on the high seas".
      1990 - Subsec. (a). Pub. L. 101-595, Sec. 307(1), substituted
    "subsections (g) and (i)" for "subsection (g)" in introductory
    provisions.
      Subsecs. (e), (f). Pub. L. 101-380, Sec. 4302(g), substituted
    "$10,000" for "$500".
      Subsec. (g). Pub. L. 101-380, Sec. 4116(a), amended subsec. (g)
    generally. Prior to amendment, subsec. (g) read as follows: "The
    Secretary shall designate by regulation the areas of the approaches
    to and waters of Prince William Sound, Alaska, on which a vessel
    subject to this section is not required to be under the direction
    and control of a pilot licensed under section 7101 of this title."
      Subsec. (h). Pub. L. 101-380, Sec. 4116(b), added subsec. (h).
      Subsec. (i). Pub. L. 101-595, Sec. 307(2), added subsec. (i).
      1986 - Subsec. (a)(4)(A). Pub. L. 99-307 substituted "part" for
    "Part".
      1984 - Subsec. (a). Pub. L. 98-557, Sec. 29(f)(1), amended
    subsec. (a) generally, which prior to amendment read as follows: "A
    coastwise seagoing vessel, when not sailing on register and when
    underway (except on the high seas), shall be under the direction
    and control of a pilot licensed under section 7101 of this title if
    the vessel is - 
        "(1) propelled by machinery and subject to inspection under
      part B of this subtitle; or
        "(2) subject to inspection under chapter 37 of this title."
      Subsec. (g). Pub. L. 98-557, Sec. 29(f)(2), added subsec. (g).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.


-EXEC-
                     TERRITORIAL SEA OF UNITED STATES                 
      For extension of territorial sea of United States, see Proc. No.
    5928, set out as a note under section 1331 of Title 43, Public
    Lands.

-End-



-CITE-
    46 USC Sec. 8503                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 85 - PILOTS

-HEAD-
    Sec. 8503. Federal pilots authorized

-STATUTE-
      (a) The Secretary may require a pilot licensed under section 7101
    of this title on a self-propelled vessel when a pilot is not
    required by State law and the vessel is - 
        (1) engaged in foreign commerce; and
        (2) operating - 
          (A) in internal waters of the United States; or
          (B) within 3 nautical miles from the baselines from which the
        territorial sea of the United States is measured.

      (b) A requirement prescribed under subsection (a) of this section
    is terminated when the State having jurisdiction over the area
    involved - 
        (1) establishes a requirement for a State licensed pilot; and
        (2) notifies the Secretary of that fact.

      (c) For the Saint Lawrence Seaway, the Secretary may not delegate
    the authority under this section to an agency except the Saint
    Lawrence Seaway Development Corporation.
      (d) A person violating this section or a regulation prescribed
    under this section is liable to the United States Government for a
    civil penalty of not more than $25,000. Each day of a continuing
    violation is a separate violation. The vessel also is liable in rem
    for the penalty.
      (e) A person that knowingly violates this section or a regulation
    prescribed under this section commits a class D felony.

-SOURCE-
    (Added Pub. L. 98-557, Sec. 29(f)(3)(A), Oct. 30, 1984, 98 Stat.
    2874; amended Pub. L. 101-380, title IV, Sec. 4302(h), Aug. 18,
    1990, 104 Stat. 539; Pub. L. 105-383, title III, Sec. 301(b)(8),
    Nov. 13, 1998, 112 Stat. 3417.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(2). Pub. L. 105-383 added par. (2) and struck
    out former par. (2) which read as follows: "operating on the
    navigable waters of the United States."
      1990 - Subsec. (e). Pub. L. 101-380 substituted "commits a class
    D felony" for "shall be fined not more than $50,000, imprisoned for
    not more than five years, or both".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.


-EXEC-
                     TERRITORIAL SEA OF UNITED STATES                 
      For extension of territorial sea of United States, see Proc. No.
    5928, set out as a note under section 1331 of Title 43, Public
    Lands.

-End-


-CITE-
    46 USC CHAPTER 87 - UNLICENSED PERSONNEL                    01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-
                     CHAPTER 87 - UNLICENSED PERSONNEL                 

-MISC1-
    Sec.                                                     
    8701.       Merchant mariners' documents required.                
    8702.       Certain crew requirements.                            
    8703.       Tankermen on tank vessels.                            
    8704.       Alien deemed to be employed in the United States.     

                       HISTORICAL AND REVISION NOTES                   
      Chapter 87 prescribes certain requirements for unlicensed
    personnel on vessels of at least 100 gross tons and on certain tank
    vessels.

                                AMENDMENTS                            
      1988 - Pub. L. 100-239, Sec. 5(f)(2), Jan. 11, 1988, 101 Stat.
    1781, added item 8704.

-End-



-CITE-
    46 USC Sec. 8701                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-
    Sec. 8701. Merchant mariners' documents required

-STATUTE-
      (a) This section applies to a merchant vessel of at least 100
    gross tons as measured under section 14502 of this title, or an
    alternate tonnage measured under section 14302 of this title as
    prescribed by the Secretary under section 14104 of this title
    except - 
        (1) a vessel operating only on rivers and lakes (except the
      Great Lakes);
        (2) a barge (except a seagoing barge or a barge to which
      chapter 37 of this title applies);
        (3) a fishing, fish tender, or whaling vessel or a yacht;
        (4) a sailing school vessel with respect to sailing school
      instructors and sailing school students;
        (5) an oceanographic research vessel with respect to scientific
      personnel;
        (6) a fish processing vessel entered into service before
      January 1, 1988, and not more than 1,600 gross tons as measured
      under section 14502 of this title, or an alternate tonnage
      measured under section 14302 of this title as prescribed by the
      Secretary under section 14104 of this title or entered into
      service after December 31, 1987, and having not more than 16
      individuals on board primarily employed in the preparation of
      fish or fish products;
        (7) a fish processing vessel (except a vessel to which clause
      (6) of this subsection applies) with respect to individuals on
      board primarily employed in the preparation of fish or fish
      products or in a support position not related to navigation;
        (8) a mobile offshore drilling unit with respect to
      individuals, other than crew members required by the certificate
      of inspection, engaged on board the unit for the sole purpose of
      carrying out the industrial business or function of the unit;
        (9) a passenger vessel not engaged in a foreign voyage with
      respect to individuals on board employed for a period of not more
      than 30 service days within a 12 month period as entertainment
      personnel, with no duties, including emergency duties, related to
      the navigation of the vessel or the safety of the vessel, its
      crew, cargo or passengers; and
        (10) the Secretary may prescribe the individuals required to
      hold a merchant mariner's document serving onboard an oil spill
      response vessel.

      (b) A person may not engage or employ an individual, and an
    individual may not serve, on board a vessel to which this section
    applies if the individual does not have a merchant mariner's
    document issued to the individual under section 7302 of this title.
    Except for an individual required to be licensed or registered
    under this part, the document must authorize service in the
    capacity for which the holder of the document is engaged or
    employed.
      (c) On a vessel to which section 10306 or 10503 of this title
    does not apply, an individual required by this section to hold a
    merchant mariner's document must exhibit it to the master of the
    vessel before the individual may be employed.
      (d) A person (including an individual) violating this section is
    liable to the United States Government for a civil penalty of $500.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 554; Pub. L. 98-364, title
    IV, Sec. 402(12)(A), July 17, 1984, 98 Stat. 449; Pub. L. 99-640,
    Sec. 11(c), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 104-324, title
    VII, Sec. 731, title XI, Sec. 1104(e), Oct. 19, 1996, 110 Stat.
    3940, 3967; Pub. L. 107-295, title III, Sec. 324(b), Nov. 25, 2002,
    116 Stat. 2104.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8701                                  46:444                        
                                          46:643                        
                                          46:643a                       
                                          46:672                        
    --------------------------------------------------------------------

      Section 8701 requires an individual to have a merchant mariner's
    document before that individual can be engaged or employed on
    certain vessels.
      Subsection (a) makes this documentation requirement applicable to
    United States merchant vessels of at least 100 gross tons except
    for certain inland vessels and barges, fishing or whaling vessels,
    yachts, and, in certain circumstances, to sailing school vessels or
    oceanographic research vessels.
      Subsection (b) prohibits the engagement or employment of an
    individual required to have a document prescribed under section
    7302 if the individual does not have one. Except for licensed or
    registered individuals, the document must specify the capacity in
    which the individual is engaged or employed.
      Subsection (c) requires an individual to exhibit the required
    document to the master, if not otherwise required to do so in some
    other manner before that individual may be employed.
      Subsection (d) prescribes the penalty for violation of this
    section.

                                AMENDMENTS                            
      2002 - Subsec. (a)(9), (10). Pub. L. 107-295 added par. (9) and
    redesignated former par. (9) as (10).
      1996 - Subsec. (a). Pub. L. 104-324, Sec. 731(1), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "100 gross tons"
    in introductory provisions.
      Subsec. (a)(6). Pub. L. 104-324, Sec. 731(2), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "1,600 gross
    tons".
      Subsec. (a)(9). Pub. L. 104-324, Sec. 1104(e), added par. (9).
      1986 - Subsec. (a)(8). Pub. L. 99-640 added par. (8).
      1984 - Subsec. (a)(3). Pub. L. 98-364, Sec. 402(12)(A)(i),
    substituted "fishing, fish tender, or whaling" for "fishing or
    whaling".
      Subsec. (a)(6), (7). Pub. L. 98-364, Sec. 402(12)(A)(ii)- (iv),
    added pars. (6) and (7).

-End-



-CITE-
    46 USC Sec. 8702                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-
    Sec. 8702. Certain crew requirements

-STATUTE-
      (a) This section applies to a vessel of at least 100 gross tons
    as measured under section 14502 of this title, or an alternate
    tonnage measured under section 14302 of this title as prescribed by
    the Secretary under section 14104 of this title except - 
        (1) a vessel operating only on rivers and lakes (except the
      Great Lakes);
        (2) a barge (except a seagoing barge or a barge to which
      chapter 37 of this title applies);
        (3) a fishing, fish tender, or whaling vessel (except a fish
      tender vessel engaged in the Aleutian trade) or a yacht;
        (4) a sailing school vessel with respect to sailing school
      instructors and sailing school students;
        (5) an oceanographic research vessel with respect to scientific
      personnel;
        (6) a fish processing vessel entered into service before
      January 1, 1988, and not more than 1,600 gross tons as measured
      under section 14502 of this title, or an alternate tonnage
      measured under section 14302 of this title as prescribed by the
      Secretary under section 14104 of this title or entered into
      service after December 31, 1987, and having not more than 16
      individuals on board primarily employed in the preparation of
      fish or fish products; and
        (7) a fish processing vessel (except a vessel to which clause
      (6) of this subsection applies) with respect to individuals on
      board primarily employed in the preparation of fish or fish
      products or in a support position not related to navigation.

      (b) A vessel may operate only if at least - 
        (1) 75 percent of the crew in each department on board is able
      to understand any order spoken by the officers, and
        (2) 65 percent of the deck crew (excluding licensed
      individuals) have merchant mariners' documents endorsed for a
      rating of at least able seaman, except that this percentage may
      be reduced to 50 percent - 
          (i) on a vessel permitted under section 8104 of this title to
        maintain a 2-watch system; or
          (ii) on a fish tender vessel engaged in the Aleutian trade.

      (c) An able seaman is not required on a towing vessel operating
    on bays and sounds connected directly with the seas.
      (d) An individual having a rating of less than able seaman may
    not be permitted at the wheel in ports, harbors, and other waters
    subject to congested vessel traffic, or under conditions of reduced
    visibility, adverse weather, or other hazardous circumstances.
      (e) The owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel operated in violation of this
    section or a regulation prescribed under this section is liable to
    the United States Government for a civil penalty of $10,000.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 554; Pub. L. 98-364, title
    IV, Sec. 402(12)(B), July 17, 1984, 98 Stat. 449; Pub. L. 100-239,
    Sec. 5(e), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 101-380, title
    IV, Sec. 4302(i), Aug. 18, 1990, 104 Stat. 539; Pub. L. 101-595,
    title VI, Sec. 602(e)(2), Nov. 16, 1990, 104 Stat. 2992; Pub. L.
    104-324, title VII, Sec. 732, Oct. 19, 1996, 110 Stat. 3941.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8702                                  46:643                        
                                          46:672                        
    --------------------------------------------------------------------

      Section 8702 specifies certain crew requirements.
      Subsection (a) applies this section to the same vessels to which
    section 8701 applies.
      Subsection (b) requires that 75 percent of the crew in each
    department on board a vessel understand any order spoken by the
    officers and that 65 percent of the deck crew be at least able
    seamen, except for the licensed officers. For 2-watch system
    vessels under section 8104, the 65-percent deck crew requirement
    may be reduced to 50 percent.
      Subsection (c) exempts certain inland towing vessels from the
    able seaman requirement.
      Subsection (d) prohibits anyone having a rating of less than able
    seamen from serving as a helmsman in congested vessel traffic or
    under hazardous conditions.
      Subsection (e) prescribes the penalty for violation of this
    section.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-324, Sec. 732(1), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "100 gross tons"
    in introductory provisions.
      Subsec. (a)(6). Pub. L. 104-324, Sec. 732(2), inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "1,600 gross
    tons".
      1990 - Subsec. (a)(3). Pub. L. 101-595, Sec. 602(e)(2)(A),
    substituted "vessel (except a fish tender vessel engaged in the
    Aleutian trade)" for "vessel".
      Subsec. (b)(2). Pub. L. 101-595, Sec. 602(e)(2)(B), inserted
    provisions authorizing reduction to 50 percent of the deck crew in
    the case of a fish tender vessel engaged in the Aleutian trade.
      Subsec. (e). Pub. L. 101-380 substituted "$10,000" for "$500".
      1988 - Subsec. (b). Pub. L. 100-239 substituted "operate" for
    "depart from a port of the United States".
      1984 - Subsec. (a)(3). Pub. L. 98-364, Sec. 402(12)(B)(i),
    substituted "fishing, fish tender, or whaling" for "fishing or
    whaling".
      Subsec. (a)(6), (7). Pub. L. 98-364, Sec. 402(12)(B)(ii)- (iv),
    added pars. (6) and (7).

                     EFFECTIVE DATE OF 1990 AMENDMENTS                 
      Amendment by section 602(e)(2)(A) of Pub. L. 101-595 effective
    Nov. 16, 1990, and requirements imposed by subsec. (b)(2), as
    amended by section 602(e)(2)(B) of Pub. L. 101-595, effective 1
    year after Nov. 16, 1990, see section 602(f) of Pub. L. 101-595,
    set out as a note under section 4502 of this title.
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

               EXEMPTION OF CERTAIN FISH PROCESSING VESSELS           
      Certain fish processing vessels exempt from crew requirements of
    subsec. (b) of this section, see section 403(b) of Pub. L. 98-364,
    as amended, set out as a note under section 3302 of this title.

-End-



-CITE-
    46 USC Sec. 8703                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-
    Sec. 8703. Tankermen on tank vessels

-STATUTE-
      (a) A vessel of the United States to which chapter 37 of this
    title applies, that has on board oil or hazardous material in bulk
    as cargo or cargo residue, shall have a specified number of the
    crew certified as tankermen as required by the Secretary. This
    requirement shall be noted on the certificate of inspection issued
    to the vessel.
      [(b) Repealed. Pub. L. 98-557, Sec. 18, Oct. 30, 1984, 98 Stat.
    2869.]
      (c) A vessel to which section 3702(b) of this title applies shall
    have on board as a crewmember in charge of the transfer operation
    an individual certified as a tankerman (qualified for the grade of
    fuel transferred), unless a master, mate, pilot, engineer, or
    operator licensed under section 7101 of this title is present in
    charge of the transfer. If the vessel does not have that individual
    on board, chapter 37 of this title applies to the vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 98-557, Sec.
    18, Oct. 30, 1984, 98 Stat. 2869.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8703(a)                               46:391a(10)(A)                
    8703(b)                               46:391a(10)(C)                
    8703(c)                               46:391a(4)(B)                 
    --------------------------------------------------------------------

      Section 8703 sets requirements for tankermen on board vessels
    carrying oil or hazardous material in bulk as cargo or cargo
    residue.
      Subsection (a) requires a specified number of the crew certified
    as tankermen on board these vessels and a notation be made to that
    effect on the vessel's certificate of inspection. A tankerman is an
    individual who is experienced and trained in the procedures for
    transferring oil or hazardous material to or from a vessel and is
    responsible for carrying out these duties and responsibilities.
      Subsection (b) authorizes the Secretary to regulate tankermen and
    restrict the types of oil or hazardous materials on the basis of
    safety to the vessel and the marine environment.
      Subsection (c) requires a tankerman or licensed master, pilot,
    engineer, or operator to be present and in charge of a transfer of
    oil or hazardous material on certain vessels in the service of oil
    exploitation. If this individual is not on board, then the tank
    vessel requirements of chapter 37 apply to the vessel.

                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-557 repealed subsec. (b) which
    contained duplicate tankerman manning requirements. See section
    7317(a) of this title.

-End-



-CITE-
    46 USC Sec. 8704                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-
    Sec. 8704. Alien deemed to be employed in the United States

-STATUTE-
      An alien is deemed to be employed in the United States for
    purposes of section 274A of the Immigration and Nationality Act (8
    U.S.C. 1324a) if the alien is an unlicensed individual employed on
    a fishing, fish processing, or fish tender vessel that - 
        (1) is a vessel of the United States engaged in the fisheries
      in the navigable waters of the United States or the exclusive
      economic zone; and
        (2) is not engaged in fishing exclusively for highly migratory
      species (as that term is defined in section 3 of the Magnuson-
      Stevens Fishery Conservation and Management Act (16 U.S.C.
      1802).

-SOURCE-
    (Added Pub. L. 100-239, Sec. 5(f)(1), Jan. 11, 1988, 101 Stat.
    1781; amended Pub. L. 104-208, div. A, title I, Sec. 101(a) [title
    II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41.)


-MISC1-
                                AMENDMENTS                            
      1996 - Par. (2). Pub. L. 104-208 substituted "Magnuson-Stevens
    Fishery" for "Magnuson Fishery".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
    211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that the
    amendment made by that section is effective 15 days after Oct. 11,
    1996.

                               CONSTRUCTION                           
      Pub. L. 100-239, Sec. 5(f)(3), Jan. 11, 1988, 101 Stat. 1781,
    provided that: "With respect to an alien who is deemed to be
    employed in the United States under section 8704 of title 46,
    United States Code (as amended by this subsection), the term 'date
    of the enactment of this section' [translated as "November 6,
    1986"] as used in section 274A(i) of the Immigration and
    Nationality Act [former 8 U.S.C. 1324a(i)] means the date 180 days
    after the enactment of this section [Jan. 11, 1988]."

-End-


-CITE-
    46 USC CHAPTER 89 - SMALL VESSEL MANNING                    01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-
                     CHAPTER 89 - SMALL VESSEL MANNING                 

-MISC1-
    Sec.                                                     
    8901.       Freight vessels.                                      
    8902.       Small passenger vessels.                              
    8903.       Self-propelled, uninspected passenger vessels.        
    8904.       Towing vessels.                                       
    8905.       Exemptions.                                           
    8906.       Penalty.                                              

                       HISTORICAL AND REVISION NOTES                   
      Chapter 89 provides for the manning of freight vessels, small
    passenger vessels, uninspected passenger vessels, and towing
    vessels. It permits a licensed operator to be in charge of a vessel
    in lieu of a licensed master or pilot. It also sets forth exemption
    and civil penalties.

                                AMENDMENTS                            
      1986 - Pub. L. 99-307, Sec. 1(14)(A), May 19, 1986, 100 Stat.
    446, substituted "Self-propelled, uninspected" for "Uninspected" in
    item 8903.

-End-



-CITE-
    46 USC Sec. 8901                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-
    Sec. 8901. Freight vessels

-STATUTE-
      A freight vessel of less than 100 gross tons as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title shall be operated by an individual
    licensed by the Secretary to operate that type of vessel in the
    particular geographic area, under prescribed regulations.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 104-324, title
    VII, Sec. 733, Oct. 19, 1996, 110 Stat. 3941.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8901                                  46:390b                       
    --------------------------------------------------------------------

      Section 8901 requires that a freight vessel of less than 100
    gross tons be operated by a licensed individual for that type
    vessel and for a particular geographic area.

                                AMENDMENTS                            
      1996 - Pub. L. 104-324 inserted "as measured under section 14502
    of this title, or an alternate tonnage measured under section 14302
    of this title as prescribed by the Secretary under section 14104 of
    this title" after "100 gross tons".

-End-



-CITE-
    46 USC Sec. 8902                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-
    Sec. 8902. Small passenger vessels

-STATUTE-
      A small passenger vessel shall be operated by an individual
    licensed by the Secretary to operate that type of vessel in the
    particular geographic area, under prescribed regulations.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8902                                  46:390b                       
    --------------------------------------------------------------------

      Section 8902 requires that a small passenger vessel of less than
    100 gross tons be operated by a licensed individual for that type
    vessel and for a particular geographic area.

-End-



-CITE-
    46 USC Sec. 8903                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-
    Sec. 8903. Self-propelled, uninspected passenger vessels

-STATUTE-
      A self-propelled, uninspected passenger vessel shall be operated
    by an individual licensed by the Secretary to operate that type of
    vessel, under prescribed regulations.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99-307, Sec.
    1(14)(B), (C), May 19, 1986, 100 Stat. 446.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8903                                  46:1461(e), (f)               
    --------------------------------------------------------------------

      Section 8903 requires that an uninspected passenger vessel be
    operated by a licensed individual for that type of vessel.

                                AMENDMENTS                            
      1986 - Pub. L. 99-307 substituted "Self-propelled, uninspected"
    for "Uninspected" in section catchline and "A self-propelled," for
    "An" in text.

-End-



-CITE-
    46 USC Sec. 8904                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-
    Sec. 8904. Towing vessels

-STATUTE-
      (a) A towing vessel that is at least 26 feet in length measured
    from end to end over the deck (excluding sheer), shall be operated
    by an individual licensed by the Secretary to operate that type of
    vessel in the particular geographic area, under prescribed
    regulations.
      (b) A vessel that tows a disabled vessel for consideration shall
    be operated by an individual licensed by the Secretary to operate
    that type of vessel in the particular geographic area, under
    prescribed regulations.
      (c) The Secretary may prescribe by regulation requirements for
    maximum hours of service (including recording and recordkeeping of
    that service) of individuals engaged on a towing vessel that is at
    least 26 feet in length measured from end to end over the deck
    (excluding the sheer).

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99-640, Sec.
    12(a), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 108-293, title IV,
    Sec. 409(a), Aug. 9, 2004, 118 Stat. 1044.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8904                                  46:405(b)(2)                  
    --------------------------------------------------------------------

      Section 8904 requires that a 26-foot or larger towing vessel be
    operated by a licensed individual for that type of vessel and for a
    particular geographic area.

                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-293 added subsec. (c).
      1986 - Pub. L. 99-640 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Pub. L. 99-640, Sec. 12(b), Nov. 10, 1986, 100 Stat. 3551,
    provided that: "The amendments made by subsection (a) of this
    section [amending this section] shall take effect on January 1,
    1988."

                           DEMONSTRATION PROJECT                       
      Pub. L. 108-293, title IV, Sec. 409(b), Aug. 9, 2004, 118 Stat.
    1045, provided that: "Prior to prescribing regulations under this
    section [amending this section] the Secretary shall conduct and
    report to the Congress on the results of a demonstration project
    involving the implementation of Crew Endurance Management Systems
    on towing vessels. The report shall include a description of the
    public and private sector resources needed to enable implementation
    of Crew Endurance Management Systems on all United States-flag
    towing vessels."

-End-



-CITE-
    46 USC Sec. 8905                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-
    Sec. 8905. Exemptions

-STATUTE-
      (a) Section 8903 of this title applies to a recreational vessel
    operated in dealer demonstrations only if the Secretary decides
    that the application of section 8903 is necessary for recreational
    vessel safety under section 4302(d) of this title.
      (b) Section 8904 of this title does not apply to a vessel of less
    than 200 gross tons as measured under section 14502 of this title,
    or an alternate tonnage measured under section 14302 of this title
    as prescribed by the Secretary under section 14104 of this title
    engaged in the offshore mineral and oil industry if the vessel has
    offshore mineral and oil industry sites or equipment as its
    ultimate destination or place of departure.
      (c) Section 8904 of this title does not apply to an oil spill
    response vessel while engaged in oil spill response or training
    activities.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104-324, title
    VII, Sec. 734, title XI, Sec. 1104(f), Oct. 19, 1996, 110 Stat.
    3941, 3967.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8905(a)                               46:1461(f)                    
    8905(b)                               46:405(b)(3)                  
    --------------------------------------------------------------------

      Section 8905 provides for certain exemptions from the
    requirements of this chapter.
      Subsection (a) exempts dealer demonstration recreational vessels
    from the licensed operator requirement in section 8903 unless the
    Secretary decides that safety considerations require the
    application of that section.
      Subsection (b) exempts an offshore supply vessel of less than 200
    gross tons from the licensed operator requirement under section
    8904 when used in the offshore mineral and oil industry.

                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-324, Sec. 734, inserted "as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title" after "200 gross
    tons".
      Subsec. (c). Pub. L. 104-324, Sec. 1104(f), added subsec. (c).

-End-



-CITE-
    46 USC Sec. 8906                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-
    Sec. 8906. Penalty

-STATUTE-
      An owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel operated in violation of this
    chapter or a regulation prescribed under this chapter is liable to
    the United States Government for a civil penalty of not more than
    $25,000. The vessel also is liable in rem for the penalty.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104-324, title
    III, Sec. 306(b), Oct. 19, 1996, 110 Stat. 3918.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    8906                                  46:390d                       
    --------------------------------------------------------------------

      Section 8906 prescribes the penalties for violations of this
    chapter.

                                AMENDMENTS                            
      1996 - Pub. L. 104-324 substituted "not more than $25,000" for
    "$1,000".

-End-


-CITE-
    46 USC CHAPTER 91 - TANK VESSEL MANNING STANDARDS           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 91 - TANK VESSEL MANNING STANDARDS

-HEAD-
                CHAPTER 91 - TANK VESSEL MANNING STANDARDS            

-MISC1-
    Sec.                                                     
    9101.       Standards for foreign tank vessels.                   
    9102.       Standards for tank vessels of the United States.      

                       HISTORICAL AND REVISION NOTES                   
      Chapter 91 prescribes manning standards for certain foreign and
    United States tank vessels carrying oil or hazardous materials.

-End-



-CITE-
    46 USC Sec. 9101                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 91 - TANK VESSEL MANNING STANDARDS

-HEAD-
    Sec. 9101. Standards for foreign tank vessels

-STATUTE-
      (a)(1) The Secretary shall evaluate the manning, training,
    qualification, and watchkeeping standards of a foreign country that
    issues documentation for any vessel to which chapter 37 of this
    title applies - 
        (A) on a periodic basis; and
        (B) when the vessel is involved in a marine casualty required
      to be reported under section 6101(a)(4) or (5) of this title.

      (2) After each evaluation made under paragraph (1) of this
    subsection, the Secretary shall determine whether - 
        (A) the foreign country has standards for licensing and
      certification of seamen that are at least equivalent to United
      States law or international standards accepted by the United
      States; and
        (B) those standards are being enforced.

      (3) If the Secretary determines under this subsection that a
    country has failed to maintain or enforce standards at least
    equivalent to United States law or international standards accepted
    by the United States, the Secretary shall prohibit vessels issued
    documentation by that country from entering the United States until
    the Secretary determines those standards have been established and
    are being enforced.
      (4) The Secretary may allow provisional entry of a vessel
    prohibited from entering the United States under paragraph (3) of
    this subsection if - 
        (A) the owner or operator of the vessel establishes, to the
      satisfaction of the Secretary, that the vessel is not unsafe or a
      threat to the marine environment; or
        (B) the entry is necessary for the safety of the vessel or
      individuals on the vessel.

      (b) A foreign vessel to which chapter 37 of this title applies
    that has on board oil or hazardous material in bulk as cargo or
    cargo residue shall have a specified number of personnel certified
    as tankerman or equivalent, as required by the Secretary, when the
    vessel transfers oil or hazardous material in a port or place
    subject to the jurisdiction of the United States. The requirement
    of this subsection shall be noted in applicable terminal operating
    procedures. A transfer operation may take place only if the
    crewmember in charge is capable of clearly understanding
    instructions in English.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101-380, title
    IV, Sec. 4106(a), Aug. 18, 1990, 104 Stat. 513.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    9101(a)                               46:391a(11)                   
    9101(b)                               46:391a(10)(B)                
    --------------------------------------------------------------------

      Section 9101 requires monitoring of manning standards for foreign
    tank vessels operating on the navigable waters of the United States
    and transferring oil or hazardous material in the United States.
      Subsection (a) requires the Secretary of Transportation to
    evaluate the manning, training, qualification, and watchkeeping
    standards of foreign countries whose tank vessels operate on United
    States waters, or use transfer facilities, and to decide if the
    standards are equivalent or more stringent than United States
    standards.
      Subsection (b) authorizes the Secretary to specify the number of
    tankermen required on a foreign tank vessel and to have certified
    tankermen who can understand English when transferring oil or
    hazardous material in the United States. This requirement is to be
    made part of the terminal operating procedures.

                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-380 amended subsec. (a)
    generally. Prior to amendment, subsec. (a) read as follows: "The
    Secretary shall - 
        "(1) periodically evaluate the manning, training,
      qualification, and watchkeeping standards prescribed by the
      certificating country of a foreign vessel to which chapter 37 of
      this title applies, that operates on the navigable waters of the
      United States and transfers oil or hazardous material in a port
      or place under the jurisdiction of the United States; and
        "(2) after each evaluation made under clause (1) of this
      subsection, decide whether the foreign country, whose system for
      licensing and certification of seamen was evaluated, has
      standards that are equivalent to or more stringent than United
      States standards or international standards accepted by the
      United States."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-



-CITE-
    46 USC Sec. 9102                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 91 - TANK VESSEL MANNING STANDARDS

-HEAD-
    Sec. 9102. Standards for tank vessels of the United States

-STATUTE-
      (a) The Secretary shall prescribe standards for the manning of
    each vessel of the United States to which chapter 37 of this title
    applies, related to the duties, qualifications, and training of the
    officers and crew of the vessel, including standards related to - 
        (1) instruction in vessel and cargo handling and vessel
      navigation under normal operating conditions in coastal and
      confined waters and on the high seas;
        (2) instruction in vessel and cargo handling and vessel
      navigation in emergency situations and under marine casualty or
      potential casualty conditions;
        (3) qualifications for licenses by specific type and size of
      vessels;
        (4) qualifications for licenses by use of simulators for the
      practice or demonstration of marine-oriented skills;
        (5) minimum health and physical fitness criteria for various
      grades of licenses and certificates;
        (6) periodic retraining and special training for upgrading
      positions, changing vessel type or size, or assuming new
      responsibilities;
        (7) decisions about licenses and certificates, conditions of
      licensing or certification, and periods of licensing or
      certification by reference to experience, amount of training
      completed, and regular performance testing; and
        (8) instruction in vessel maintenance functions.

      (b) The Secretary shall waive the application of criteria
    required by subsection (a)(5) of this section for an individual
    having a license or certificate (including a renewal of the license
    or certificate) in effect on October 17, 1978. When the waiver is
    granted, the Secretary may prescribe conditions for the license or
    certificate and its renewal, as the Secretary decides are
    reasonable and necessary for the safety of a vessel on which the
    individual may be employed.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101-380, title
    IV, Sec. 4114(d), Aug. 18, 1990, 104 Stat. 517.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    9102                                  46:391a(9)                    
    --------------------------------------------------------------------

      Section 9102 prescribes manning standards for United States tank
    vessels.
      Subsection (a) requires the Secretary of Transportation to
    prescribe certain standards for the duties, qualifications, and
    training of the officers and crew of United States tank vessels.
      Subsection (b) provides for a waiver of any health and physical
    fitness criteria prescribed under subsection (a).

                                AMENDMENTS                            
      1990 - Par. (8). Pub. L. 101-380 added par. (8).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-


-CITE-
    46 USC CHAPTER 93 - GREAT LAKES PILOTAGE                    01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-
                     CHAPTER 93 - GREAT LAKES PILOTAGE                 

-MISC1-
    Sec.                                                     
    9301.       Definitions.                                          
    9302.       Great Lakes pilots required.                          
    9303.       United States registered pilot service.               
    9304.       Pilotage pools.                                       
    9305.       Agreements with Canada.                               
    9306.       State regulation prohibited.                          
    9307.       Great Lakes Pilotage Advisory Committee.              
    9308.       Penalties.                                            

                       HISTORICAL AND REVISION NOTES                   
      Chapter 93 contains the pilotage requirements for United States
    vessels sailing under register and foreign flag vessels operating
    on the Great Lakes, qualifications for a registered pilot for the
    Great Lakes, authority for agreements with Canada, prohibition of
    State regulation, establishment of an advisory committee, and
    imposition of civil penalties.

-End-



-CITE-
    46 USC Sec. 9301                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-
    Sec. 9301. Definitions

-STATUTE-
      In this chapter - 
        (1) "Canadian registered pilot" means an individual (except a
      regular crewmember of a vessel) who is registered by Canada on
      the same basis as an individual registered under section 9303 of
      this title.
        (2) "Great Lakes" means Lakes Superior, Michigan, Huron, Erie,
      and Ontario, their connecting and tributary waters, the Saint
      Lawrence River as far east as Saint Regis, and adjacent port
      areas.
        (3) "United States registered pilot" means an individual
      (except a regular crewmember of a vessel) who is registered under
      section 9303 of this title.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 557.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    9301(1)                               46:216(d)                     
    9301(2)                               46:216(a)                     
    9301(3)                               46:216(c)                     
    --------------------------------------------------------------------

      Section 9301 contains definitions which pertain to this chapter
    only.
      Clause (1) defines "Canadian registered pilot" as an individual
    registered as a pilot in Canada on the same basis as the United
    States.
      Clause (2) defines "Great Lakes" as the five lakes plus their
    connecting and tributary waters, a certain part of the Saint
    Lawrence River, and adjacent ports.
      Clause (3) defines "United States registered pilot" as an
    individual registered under regulations for competency under
    section 9303.

-End-



-CITE-
    46 USC Sec. 9302                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-
    Sec. 9302. Great Lakes pilots required

-STATUTE-
      (a)(1) Except as provided in subsections (d), (e), and (f) of
    this section, each vessel of the United States operating on
    register and each foreign vessel shall engage a United States or
    Canadian registered pilot for the route being navigated who shall -
    
        (A) in waters of the Great Lakes designated by the President,
      direct the navigation of the vessel subject to the customary
      authority of the master; and
        (B) in waters of the Great Lakes not designated by the
      President, be on board and available to direct the navigation of
      the vessel at the discretion of and subject to the customary
      authority of the master.

      (2) The President shall make water designations under this
    subsection with regard to the public interest, the effective use of
    navigable waters, marine safety, and the foreign relations of the
    United States.
      (b) A member of the complement of a vessel of the United States
    operating on register or of a vessel of Canada may serve as the
    pilot required on waters not designated by the President if the
    member is licensed under section 7101 of this title, or under
    equivalent provisions of Canadian law, to direct the navigation of
    the vessel on the waters being navigated.
      (c) The authority extended under subsections (a) and (b) of this
    section to a Canadian registered pilot or other Canadian licensed
    officer to serve on certain vessels in United States waters of the
    Great Lakes shall continue as long as Canada extends reciprocity to
    United States registered pilots and other individuals licensed by
    the United States for pilotage service in Canadian waters of the
    Great Lakes.
      (d) A vessel may be operated on the United States waters of the
    Great Lakes without a United States or Canadian registered pilot
    when - 
        (1) the Secretary notifies the master that a registered pilot
      is not available; or
        (2) the vessel or its cargo is in distress or jeopardy.

      (e) A Canadian vessel regularly operating on the Great Lakes or
    between ports on the Great Lakes and the Saint Lawrence River, with
    only an occasional voyage to ports in the maritime provinces of
    Canada in the Canadian coastal trade, is exempt from subsection (a)
    of this section as long as Canada permits enrolled vessels of the
    United States to be operated on Canadian waters of the Great Lakes
    under the direction of individuals licensed under section 7101 of
    this title.
      (f) A documented vessel regularly operating on the Great Lakes or
    between ports on the Great Lakes and the St. Lawrence River is
    exempt from the requirements of subsection (a) of this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 557; Pub. L. 101-380, title
    IV, Sec. 4108(a), Aug. 18, 1990, 104 Stat. 514; Pub. L. 104-324,
    title XI, Sec. 1115(b)(5)-(7), Oct. 19, 1996, 110 Stat. 3972.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    9302(a), (b), (d)                     46:216a                       
    9302(c)                               46:216f                       
    --------------------------------------------------------------------

      Section 9302 sets forth the requirements for pilots on the waters
    of the Great Lakes under the jurisdiction of the United States or
    Canada.
      Subsection (a) requires each United States vessel sailing on
    register and each foreign vessel to engage a United States or
    Canadian registered pilot who shall direct the navigation of the
    vessel in designated waters of the Great Lakes or be available to
    direct the navigation of the vessel in undesignated waters of the
    Great Lakes. The President must make the designation with regard to
    public interest, effective use of navigable waters, marine safety,
    and United States foreign relations. The direction of the vessel by
    an authorized pilot is subject to the customary authority of the
    master.
      Subsection (b) provides that a crewmember licensed for Great
    Lakes navigation under section 7101 or equivalent Canadian law may
    serve as the pilot on undesignated waters.
      Subsection (c) provides for reciprocity of recognizing United
    States and Canadian pilots.
      Subsections (d) and (e) are exceptions to subsection (a).
    Subsection (d) permits operation of a vessel on the Great Lakes
    without a registered pilot if notice is given that one is not
    available or if the vessel or cargo is in distress or jeopardy.
    Subsection (e) exempts a Canadian vessel in the coastwise or Great
    Lakes trade from the requirement of having a registered pilot if
    similar United States vessels are extended the same exemption by
    Canada.

                                AMENDMENTS                            
      1996 - Subsec. (a)(1). Pub. L. 104-324, Sec. 1115(b)(5),
    substituted "subsections (d), (e), and (f)" for "subsections (d)
    and (e)".
      Subsec. (e). Pub. L. 104-324, Sec. 1115(b)(6), substituted
    "subsection (a)" for "subsections (a) and (b)".
      Subsec. (f). Pub. L. 104-324, Sec. 1115(b)(7), added subsec. (f).
      1990 - Subsec. (b). Pub. L. 101-380 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "An
    individual of a vessel licensed for navigation on the Great Lakes
    under section 7101 of this title, or equivalent provisions of
    Canadian law, and qualified for the route being navigated, may
    serve as the pilot required on waters not designated by the
    President."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.


-EXEC-
             PROC. NO. 3385. DESIGNATION OF RESTRICTED WATERS         
      Proc. No. 3385, Dec. 22, 1960, 25 F.R. 13681, as amended by Proc.
    No. 3855, June 10, 1968, 33 F.R. 8535, provided:
      WHEREAS, pursuant to section 3(a) of the Great Lakes Pilotage Act
    of 1960 (Public Law 86-555; 74 Stat. 259) [46 U.S.C. 9302(a)], the
    President is directed to designate and by proclamation announce
    those United States waters of the Great Lakes in which registered
    vessels of the United States and foreign vessels shall be required
    to have in their service a United States registered pilot or a
    Canadian registered pilot for the waters concerned; and
      WHEREAS the aforesaid section 3(a) [46 U.S.C. 9302(a)] provides
    that these designations shall be made with due regard to the public
    interest, the effective utilization of navigable waters, marine
    safety, and the foreign relations of the United States:
      NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United
    States of America, acting under and by virtue of the authority
    vested in me by section 3(a) of the Great Lakes Pilotage Act of
    1960 [46 U.S.C. 9302(a)], do hereby designate and proclaim the
    following areas in which registered vessels of the United States
    and foreign vessels shall be required to have in their service a
    United States registered pilot or a Canadian registered pilot for
    the waters concerned, on and after the effective date of
    regulations issued by the Secretary of Transportation pursuant to
    the Act:
      (1) District 1. All United States waters of the St. Lawrence
    River between the international boundary at St. Regis and a line at
    the head of the river running (at approximately 127&#186;<!--
    degrees --> true) between Carruthers Point Light and South Side
    Light extended to the New York shore.
      (2) District 2. All United States waters of Lake Erie westward of
    a line running (at approximately 026&#186;<!-- degrees --> true)
    from Sandusky Pierhead Light at Cedar Point to Southeast Shoal
    Light; all waters contained within the arc of a circle of one mile
    radius eastward of Sandusky Pierhead Light; the Detroit River; Lake
    St. Clair; the St. Clair River, and northern approaches thereto
    south of latitude 43&#186;<!-- degrees -->0530 N.
      (3) District 3. All United States waters of the St. Marys River,
    Sault Sainte Marie Locks and approaches thereto between latitude
    45&#186;<!-- degrees -->59 N. at the southern approach and
    longitude 84&#186;<!-- degrees -->33 W. at the northern
    approach.
      IN WITNESS WHEREOF, I have hereunto set my hand and caused the
    Seal of the United States of America to be affixed.
    DONE at the City of Washington this twenty-second day of December
          in the year of our Lord nineteen hundred and sixty, and of
          the Independence of the United States of America the one
          hundred and eighty-fifth.
    [seal]
                                                   Dwight D. Eisenhower.

-End-



-CITE-
    46 USC Sec. 9303                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-
    Sec. 9303. United States registered pilot service

-STATUTE-
      (a) The Secretary shall prescribe by regulation standards of
    competency to be met by each applicant for registration under this
    chapter. An applicant must - 
        (1) have a license as master, mate, or pilot issued under
      section 7101 of this title;
        (2) have acquired at least 24 months licensed service or
      equivalent experience on vessels or integrated towing vessels and
      tows of at least 4,000 gross tons as measured under section 14502
      of this title, or an alternate tonnage measured under section
      14302 of this title as prescribed by the Secretary under section
      14104 of this title, operating on the Great Lakes or oceans, with
      a minimum of 6 months of that service or experience having been
      on the Great Lakes; and
        (3) agree that, if appointed as a United States registered
      pilot, the applicant will be available for service when required.

      (b) The Secretary shall issue to each registered pilot under this
    chapter a certificate of registration describing the areas within
    which the pilot may serve. The pilot shall carry the certificate
    when in the service of a vessel.
      (c) The Secretary shall prescribe by regulation the duration of
    validity of registration.
      (d) The Secretary may prescribe by regulation the conditions for
    service by United States registered pilots, including availability
    for service.
      (e) Subject to sections 551-559 of title 5, the Secretary may
    suspend or revoke a certificate of registration issued under this
    section if the holder fails to comply with a regulation prescribed
    under this chapter. Suspension or revocation of the holder's
    license under chapter 77 of this title includes the holder's
    certificate of registration.
      (f) The Secretary shall prescribe by regulation rates and charges
    for pilotage services, giving consideration to the public interest
    and the costs of providing the services. The Secretary shall
    establish new pilotage rates by March 1 of each year. The Secretary
    shall establish base pilotage rates by a full ratemaking at least
    once every 5 years and shall conduct annual reviews of such base
    pilotage rates, and make adjustments to such base rates, in each
    intervening year.
      (g) The Secretary shall ensure that a sufficient number of
    individuals are assigned to carrying out subsection (f).

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 558; Pub. L. 104-324, title
    VII, Sec. 735, Oct. 19, 1996, 110 Stat. 3941; Pub. L. 109-241,
    title III, Sec. 302, July 11, 2006, 120 Stat. 527.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    9303(a)                               46:216b(a)                    
    9303(b)                               46:216b(b)                    
    9303(c)                               46:216b(c)                    
    9303(e)                               46:216b(c)                    
    9303(f)                               46:216c                       
    --------------------------------------------------------------------

      Section 9303 authorizes the Secretary to prescribe regulatory
    standards of competency for registered pilots.
      Subsection (a) requires an applicant for registration as a pilot
    to have a master's, mate's, or pilot's license, 24 months of
    licensed service, or equivalent, on vessels on the oceans or Great
    Lakes, with a minimum of 6 months on the Great Lakes, and agree to
    be available for service as a United States registered pilot if
    appointed.
      Subsection (b) requires the Secretary to issue a certificate of
    registration describing the areas of service of a registered pilot
    who must carry the certificate when in a vessel's service.
      Subsection (c) authorizes the Secretary to prescribe the duration
    of the validity of registration, while subsection (d) authorizes
    the Secretary to prescribe conditions for service by United States
    registered pilots.
      Subsection (e) provides for the suspension or revocation of a
    certificate or registration by the Secretary.
      Subsection (f) provides for setting the rates and charges for
    pilotage services.

                                AMENDMENTS                            
      2006 - Subsec. (f). Pub. L. 109-241, Sec. 302(1), inserted at end
    "The Secretary shall establish new pilotage rates by March 1 of
    each year. The Secretary shall establish base pilotage rates by a
    full ratemaking at least once every 5 years and shall conduct
    annual reviews of such base pilotage rates, and make adjustments to
    such base rates, in each intervening year."
      Subsec. (g). Pub. L. 109-241, Sec. 302(2), added subsec. (g).
      1996 - Subsec. (a)(2). Pub. L. 104-324 inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "4,000 gross tons".

-End-



-CITE-
    46 USC Sec. 9304                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-
    Sec. 9304. Pilotage pools

-STATUTE-
      (a) The Secretary may authorize the formation of a pool by a
    voluntary association of United States registered pilots to provide
    for efficient dispatching of vessels and rendering of pilotage
    services.
      (b) For pilotage pools, the Secretary may - 
        (1) limit the number of the pools;
        (2) prescribe regulations for their operation and
      administration;
        (3) prescribe a uniform system of accounts;
        (4) perform audits and inspections; and
        (5) require coordination on a reciprocal basis with similar
      pool arrangements authorized by the appropriate agency of Canada.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 559.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    9304                                  46:216b(e)                    
    --------------------------------------------------------------------

      Section 9304 provides for the formation of a pool by a voluntary
    association of United States registered pilots to provide for
    efficient pilotage services.
      Subsection (a) permits the Secretary to authorize formation of
    United States pilotage pools.
      Subsection (b) sets forth the restrictions and conditions that
    the Secretary may prescribe for these pools.

-End-



-CITE-
    46 USC Sec. 9305                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-
    Sec. 9305. Agreements with Canada

-STATUTE-
      To provide for a coordinated system of pilotage service on the
    Great Lakes, the Secretary, subject to the concurrence of the
    Secretary of State, may make agreements with the appropriate agency
    of Canada to - 
        (1) fix the number of pilots to be registered in each country;
        (2) provide for participation on an equitable basis;
        (3) prescribe joint or identical rates and charges;
        (4) coordinate pool operations; and
        (5) establish conditions for services by registered pilots.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 559.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    9305                                  46:216b(d)                    
                                          46:216d                       
    --------------------------------------------------------------------

      Section 9305 authorizes the Secretary of Transportation, subject
    to the concurrence of the Secretary of State, to make agreements
    with Canada for a coordinated system of pilotage service on the
    Great Lakes. The agreements may fix the number of registered
    pilots, provide for equitable participation, prescribe rates and
    charges, coordinate pool operations, and establish conditions for
    service.

-End-



-CITE-
    46 USC Sec. 9306                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-
    Sec. 9306. State regulation prohibited

-STATUTE-
      A State or political subdivision of a State may not regulate or
    impose any requirement on pilotage on the Great Lakes.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 559.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    9306                                  46:216g                       
    --------------------------------------------------------------------

      Section 9306 prohibits State or local regulations of pilotage on
    the Great Lakes and is part of the exception provided by law
    envisioned under section 8501(a).

-End-



-CITE-
    46 USC Sec. 9307                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-
    Sec. 9307. Great Lakes Pilotage Advisory Committee

-STATUTE-
      (a) The Secretary shall establish a Great Lakes Pilotage Advisory
    Committee. The Committee - 
        (1) may review proposed Great Lakes pilotage regulations and
      policies and make recommendations to the Secretary that the
      Committee considers appropriate;
        (2) may advise, consult with, report to, and make
      recommendations to the Secretary on matters relating to Great
      Lakes pilotage;
        (3) may make available to the Congress recommendations that the
      Committee makes to the Secretary; and
        (4) shall meet at the call of - 
          (A) the Secretary, who shall call such a meeting at least
        once during each calendar year; or
          (B) a majority of the Committee.

      (b)(1) The Committee shall consist of seven members appointed by
    the Secretary in accordance with this subsection, each of whom has
    at least 5 years practical experience in maritime operations. The
    term of each member is for a period of not more than 5 years,
    specified by the Secretary. Before filling a position on the
    Committee, the Secretary shall publish a notice in the Federal
    Register soliciting nominations for membership on the Committee.
      (2) The membership of the Committee shall include - 
        (A) the President of each of the 3 Great Lakes pilotage
      districts, or the President's representative;
        (B) one member representing the interests of vessel operators
      that contract for Great Lakes pilotage services;
        (C) one member representing the interests of Great Lakes ports;
        (D) one member representing the interests of shippers whose
      cargoes are transported through Great Lakes ports; and
        (E) a member with a background in finance or accounting, who - 
          (i) must have been recommended to the Secretary by a
        unanimous vote of the other members of the Committee, and
          (ii) may be appointed without regard to requirement in
        paragraph (1) that each member have 5 years of practical
        experience in maritime operations.

      (c)(1) The Committee shall elect one of its members as the
    Chairman and one of its members as the Vice Chairman. The Vice
    Chairman shall act as Chairman in the absence or incapacity of the
    Chairman, or in the event of a vacancy in the office of the
    Chairman.
      (2) The Secretary shall, and any other interested agency may,
    designate a representative to participate as an observer with the
    Committee. The Secretary's designated representative shall act as
    the executive secretary of the Committee and shall perform the
    duties set forth in section 10(c) of the Federal Advisory Committee
    Act (5 U.S.C. App.).
      (d)(1) The Secretary shall, whenever practicable, consult with
    the Committee before taking any significant action relating to
    Great Lakes pilotage.
      (2) The Secretary shall consider the information, advice, and
    recommendations of the Committee in formulating policy regarding
    matters affecting Great Lakes pilotage.
      (3) Any recommendations to the Secretary under subsection (a)(2)
    must have been approved by at least all but one of the members then
    serving on the committee.
      (e)(1) A member of the Committee, when attending meetings of the
    Committee or when otherwise engaged in the business of the
    Committee, is entitled to receive - 
        (A) compensation at a rate fixed by the Secretary, not
      exceeding the daily equivalent of the current rate of basic pay
      in effect for GS-18 of the General Schedule under section 5332 of
      title 5 including travel time; and
        (B) travel or transportation expenses under section 5703 of
      title 5, United States Code.

      (2) A member of the Committee shall not be considered to be an
    officer or employee of the United States for any purpose based on
    their receipt of any payment under this subsection.
      (f)(1) The Federal Advisory Committee Act (5 U.S.C. App.) applies
    to the Committee, except that the Committee terminates on September
    30, 2010.
      (2) 2 years before the termination date set forth in paragraph
    (1) of this subsection, the Committee shall submit to the Congress
    its recommendation regarding whether the Committee should be
    renewed and continued beyond the termination date.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 559; Pub. L. 105-383, title
    III, Sec. 303, Nov. 13, 1998, 112 Stat. 3418; Pub. L. 106-554, Sec.
    1(a)(4) [div. A, Sec. 1118], Dec. 21, 2000, 114 Stat. 2763, 2763A-
    209; Pub. L. 108-293, title IV, Sec. 418(d), Aug. 9, 2004, 118
    Stat. 1049; Pub. L. 109-304, Sec. 15(23), Oct. 6, 2006, 120 Stat.
    1704.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    9307                                  46:216h                       
    --------------------------------------------------------------------

      Section 9307 permits the Secretary to establish a Great Lakes
    Pilotage Advisory Committee. This Committee is to be established
    consistent with the Federal Advisory Committee Act (P.L. 92-463; 5
    App. U.S.C.) and with the requirements imposed by section 19
    [118(e)] of P.L. 97-322 (14 U.S.C. 631 note).
      Subsection (a) authorizes the Committee to review and make
    recommendations on Great Lakes pilotage regulation and policies and
    to make the recommendations available to Congress and requires the
    Committee to meet at the call of the Secretary.
      Subsection (b) establishes the membership of the Committee as 3
    members with 5 years of practical maritime experience appointed by
    the Secretary for a term of not more than 5 years. A Federal
    Register notice of solicitation for membership nominations for
    filling a position is required.
      Subsection (c) provides for pay and travel expenses, including
    per diem, for the members.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsecs.
    (c)(2) and (f)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770,
    as amended, which is set out in the Appendix to Title 5, Government
    Organization and Employees.


-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (b)(2)(A). Pub. L. 109-304 substituted "the
    President" for "The President".
      2004 - Subsec. (f)(1). Pub. L. 108-293 substituted "September 30,
    2010" for "September 30, 2005".
      2000 - Subsec. (b)(2)(A). Pub. L. 106-554, Sec. 1(a)(4) [div. A,
    Sec. 1118(1)], amended subpar. (A) generally. Prior to amendment,
    subpar. (A) read as follows: "three members who are practicing
    Great Lakes pilots and who reflect a regional balance;".
      Subsec. (b)(2)(E). Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec.
    1118(2)], amended subpar. (E) generally. Prior to amendment,
    subpar. (E) read as follows: "one member representing the interests
    of the general public, who is an independent expert on the Great
    Lakes maritime industry."
      Subsec. (c)(2). Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec.
    1118(3)], which directed the striking out of second sentence in
    subsec. (C)(2), was executed by striking out the second sentence in
    subsec. (c)(2), "The representatives shall, as appropriate, report
    to and advise the Committee on matters relating to Great Lakes
    pilotage.", to reflect the probable intent of Congress.
      Subsec. (d)(3). Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec.
    1118(4)], added par. (3).
      Subsec. (f)(1). Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec.
    1118(5)], substituted "September 30, 2005" for "September 30,
    2003".
      1998 - Pub. L. 105-383 amended section generally, substituting
    provisions consisting of subsecs. (a) to (f) for former provisions
    consisting of subsecs. (a) to (c).

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-



-CITE-
    46 USC Sec. 9308                                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part F - Manning of Vessels
    CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-
    Sec. 9308. Penalties

-STATUTE-
      (a) An owner, charterer, managing operator, agent, master, or
    individual in charge of a vessel knowingly allowing the vessel to
    be operated in violation of section 9302 of this title is liable to
    the United States Government for a civil penalty of no more than
    $10,000 for each day during which the vessel is in violation. The
    vessel also is liable in rem for the penalty.
      (b) An individual who directs the navigation of a vessel in
    violation of section 9302 of this title is liable to the Government
    for a civil penalty of no more than $10,000 for each day during
    which the violation occurs.
      (c) A person violating a regulation prescribed under section 9303
    of this title is liable to the Government for a civil penalty of no
    more than $10,000.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 101-380, title
    IV, Sec. 4108(b), Aug. 18, 1990, 104 Stat. 515.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    9308                                  46:216e(a)-(c)                
    --------------------------------------------------------------------

      Section 9308 prescribes the penalties for violations of sections
    9302 and 9303.

                                AMENDMENTS                            
      1990 - Subsecs. (a) to (c). Pub. L. 101-380 substituted "no more
    than $10,000" for "$500".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-End-


-CITE-
    46 USC Part G - Merchant Seamen Protection and Relief       01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief

-HEAD-
              PART G - MERCHANT SEAMEN PROTECTION AND RELIEF          


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Part G provides for a number of measures for the protection and
    relief of merchant seamen by requiring certain contractual
    obligations between the master who represents the vessel owner's
    interest and the seamen who are engaged or employed on board a
    vessel, by requiring certain proceedings when a seaman dies or a
    vessel is suspected of being unseaworthy, by requiring certain
    standards for accommodations, medicine, clothing, miscellaneous
    merchandise, and for the handling of special and unique problems of
    seamen. It also provides for a method of imposing disciplinary
    controls through the logging of offenses and provides penalties for
    specified offenses, and certain related disciplinary procedures.
    The provisions of this part generally do not apply to fishing
    vessels, whaling vessels, or yachts.

-End-


-CITE-
    46 USC CHAPTER 101 - GENERAL                                01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 101 - GENERAL

-HEAD-
                           CHAPTER 101 - GENERAL                       

-MISC1-
    Sec.                                                     
    10101.      Definitions.                                          
    [10102.     Repealed.]                                            
    10103.      Reports.                                              
    10104.      Requirement to report sexual offenses.                

                                AMENDMENTS                            
      1993 - Pub. L. 103-206, title IV, Sec. 422(c)(2), Dec. 20, 1993,
    107 Stat. 2439, struck out item 10102 "Designations and duties of
    shipping commissioners".
      1989 - Pub. L. 101-225, title II, Sec. 214(b), Dec. 12, 1989, 103
    Stat. 1914, substituted "Requirement to report sexual offenses" for
    "Regulations" in item 10104.

-End-



-CITE-
    46 USC Sec. 10101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 101 - GENERAL

-HEAD-
    Sec. 10101. Definitions

-STATUTE-
      In this part - 
        (1) "master" means the individual having command of a vessel.
        (2) "owner" means the person to whom the vessel belongs.
        (3) "seaman" means an individual (except scientific personnel,
      a sailing school instructor, or a sailing school student) engaged
      or employed in any capacity on board a vessel.
        (4) "fishing vessel" includes - 
          (A) a fish tender vessel; or
          (B) a fish processing vessel entered into service before
        January 1, 1988, and not more than 1,600 gross tons as measured
        under section 14502 of this title, or an alternate tonnage
        measured under section 14302 of this title as prescribed by the
        Secretary under section 14104 of this title or entered into
        service after December 31, 1987, and having not more than 16
        individuals on board primarily employed in the preparation of
        fish or fish products.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 98-364, title
    IV, Sec. 402(13), July 17, 1984, 98 Stat. 449; Pub. L. 98-557, Sec.
    33(d), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99-640, Sec. 10(b)(3),
    Nov. 10, 1986, 100 Stat. 3550; Pub. L. 104-324, title VII, Sec.
    736, Oct. 19, 1996, 110 Stat. 3941.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10101                                 46:713                        
    --------------------------------------------------------------------

      Section 10101 defines the terms master, seaman, and owner as they
    apply to merchant seamen's protection and relief.

                                AMENDMENTS                            
      1996 - Par. (4)(B). Pub. L. 104-324 inserted "as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title" after "1,600 gross tons".
      1986 - Pars. (1), (3). Pub. L. 99-640 struck out "owned by a
    citizen of the United States" after "vessel".
      1984 - Par. (4). Pub. L. 98-364, as amended Pub. L. 98-557, added
    par. (4).

-End-



-CITE-
    46 USC Sec. 10102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 101 - GENERAL

-HEAD-
    Sec. 10102. Repealed.

-MISC1-
    [Sec. 10102. Repealed. Pub. L. 103-206, title IV, Sec. 422(c)(1),
      Dec. 20, 1993, 107 Stat. 2439].
      Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 560, related to
    designations and duties of shipping commissioners.

-End-



-CITE-
    46 USC Sec. 10103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 101 - GENERAL

-HEAD-
    Sec. 10103. Reports

-STATUTE-
      (a) A master of a vessel to which section 8701(a) of this title
    applies, who engages or discharges a seaman, shall submit reports
    to the vessel owner in the form, content, and manner of filing as
    prescribed by regulation, to ensure compliance with laws related to
    manning and the engagement and discharge of seamen.
      (b) This section does not apply to a ferry or towing vessel
    operated in connection with a ferry operation, employed only in
    trades other than with foreign ports, lakes, bays, sounds, bayous,
    canals, or harbors.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 103-206, title
    IV, Sec. 417, Dec. 20, 1993, 107 Stat. 2438.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10103                                 46:643(l)                     
    --------------------------------------------------------------------

      Section 10103 requires that masters who engage or discharge
    seamen submit to the Coast Guard reports of the manning of the
    vessel, and reports of shipping agreements which are not supervised
    by a shipping commissioner. It also contains a number of exceptions
    for specified vessels.

                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-206 struck out "without a
    shipping commissioner being present" after "discharges a seaman"
    and inserted "to the vessel owner" after "shall submit reports".

-End-



-CITE-
    46 USC Sec. 10104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 101 - GENERAL

-HEAD-
    Sec. 10104. Requirement to report sexual offenses

-STATUTE-
      (a) A master or other individual in charge of a documented vessel
    shall report to the Secretary a complaint of a sexual offense
    prohibited under chapter 109A of title 18, United States Code.
      (b) A master or other individual in charge of a documented vessel
    who knowingly fails to report in compliance with this section is
    liable to the United States Government for a civil penalty of not
    more than $5,000.

-SOURCE-
    (Added Pub. L. 101-225, title II, Sec. 214(a)(2), Dec. 12, 1989,
    103 Stat. 1914.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 10104, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    561, related to regulations, prior to repeal by Pub. L. 101-225,
    Sec. 214(a)(1).

-End-


-CITE-
    46 USC CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES       01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
              CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES          

-MISC1-
    Sec.                                                     
    10301.      Application.                                          
    10302.      Shipping articles agreements.                         
    10303.      Provisions.                                           
    10304.      Form of agreement.                                    
    10305.      Manner of signing agreement.                          
    10306.      Exhibiting merchant mariners' documents.              
    10307.      Posting agreements.                                   
    10308.      Foreign engagements.                                  
    10309.      Engaging seamen to replace those lost by desertion or
                 casualty.                                            
    10310.      Discharge.                                            
    10311.      Certificates of discharge.                            
    10312.      Settlements on discharge.                             
    10313.      Wages.                                                
    10314.      Advances.                                             
    10315.      Allotments.                                           
    10316.      Trusts.                                               
    10317.      Loss of lien and right to wages.                      
    10318.      Wages on discharge in foreign ports.                  
    10319.      Costs of a criminal conviction.                       
    10320.      Records of seamen.                                    
    10321.      General penalty.                                      

-End-



-CITE-
    46 USC Sec. 10301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10301. Application

-STATUTE-
      (a) Except as otherwise specifically provided, this chapter
    applies to a vessel of the United States - 
        (1) on a voyage between a port in the United States and a port
      in a foreign country (except a port in Canada, Mexico, or the
      West Indies); or
        (2) of at least 75 gross tons as measured under section 14502
      of this title, or an alternate tonnage measured under section
      14302 of this title as prescribed by the Secretary under section
      14104 of this title on a voyage between a port of the United
      States on the Atlantic Ocean and a port of the United States on
      the Pacific Ocean.

      (b) This chapter does not apply to a vessel on which the seamen
    are entitled by custom or agreement to share in the profit or
    result of a voyage or to riding gang members.
      (c) Unless otherwise provided, this chapter does not apply to a
    foreign vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 561; Pub. L. 104-324, title
    VII, Sec. 737, Oct. 19, 1996, 110 Stat. 3941; Pub. L. 109-241,
    title III, Sec. 312(c)(2), July 11, 2006, 120 Stat. 533.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10301                                 46:564                        
                                          46:566                        
                                          46:574                        
    --------------------------------------------------------------------

      Section 10301 specifies that vessels on foreign and intercoastal
    voyages (except for fishing vessels and foreign vessels) are
    subject to the seamen protection and relief provisions contained in
    chapter 103.

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-241 inserted "or to riding gang
    members" after "voyage".
      1996 - Subsec. (a)(2). Pub. L. 104-324 inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "75 gross tons".

-End-



-CITE-
    46 USC Sec. 10302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10302. Shipping articles agreements

-STATUTE-
      (a) The owner, charterer, managing operator, master, or
    individual in charge shall make a shipping agreement in writing
    with each seaman before the seaman commences employment.
      (b) The agreement shall contain the following:
        (1) the nature, and, as far as practicable, the duration of the
      intended voyage, and the port or country in which the voyage is
      to end.
        (2) the number and description of the crew and the capacity in
      which each seaman is to be engaged.
        (3) the time at which each seaman is to be on board to begin
      work.
        (4) the amount of wages each seaman is to receive.
        (5) regulations about conduct on board, and information on
      fines, short allowance of provisions, and other punishment for
      misconduct provided by law.
        (6) a scale of the provisions that are to be provided each
      seaman.
        (7) any stipulation in reference to advances and allotments of
      wages.
        (8) other matters not contrary to law.

      (c) Each shipping agreement must be signed by the master or
    individual in charge or a representative of the owner, charterer,
    or managing operator, and by each seaman employed.
      (d) The owner, charterer, managing operator, master, or
    individual in charge shall maintain the shipping agreement and make
    the shipping agreement available to the seaman.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 561; Pub. L. 103-206, title
    IV, Sec. 401, Dec. 20, 1993, 107 Stat. 2435.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10302                                 46:564                        
    --------------------------------------------------------------------

      Section 10302 requires the master to make a shipping agreement
    with each crew member and lists the information that must be
    included in the agreement.

                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-206, Sec. 401(1), amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows:
    "Before proceeding on a voyage, the master of a vessel to which
    this chapter applies shall make a shipping articles agreement in
    writing with each seaman in the crew."
      Subsecs. (c), (d). Pub. L. 103-206, Sec. 401(2), added subsecs.
    (c) and (d).

-End-



-CITE-
    46 USC Sec. 10303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10303. Provisions

-STATUTE-
      (a) A seaman shall be served at least 3 meals a day that total at
    least 3,100 calories, including adequate water and adequate
    protein, vitamins, and minerals in accordance with the United
    States Recommended Daily Allowances.
      (b) The text of subsection (a) of this section shall be included
    in the agreement required by section 10302 of this title. A copy of
    the text also shall be posted in a conspicuous place in the galley
    and forecastle of each vessel.
      (c) This section does not apply to a fishing or whaling vessel or
    a yacht.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 562.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10303                                 46:713                        
    --------------------------------------------------------------------

      Section 10303 requires that seamen be served adequate food and
    water and that the text of this requirement be posted in the
    galley. The provisions do not apply to fishing vessels, whaling
    vessels, or yachts.

-End-



-CITE-
    46 USC Sec. 10304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10304. Form of agreement

-STATUTE-
      The form of the agreement required by section 10302 of this title
    shall be in substance as follows:

                         UNITED STATES OF AMERICA                     
      (Date and place of first signature of agreement):
      It is agreed between the master and seamen of the         , of
    which              is at present master, or whoever shall go for
    master, now bound from the port of            to            (here
    the voyage is to be described, and the places named at which the
    vessel is to touch, or if that cannot be done, the general nature
    and probable length of the voyage is to be stated).
      The seamen agree to conduct themselves in an orderly, faithful,
    honest, and sober manner, and to be at all times diligent in their
    respective duties, and to be obedient to the lawful commands of the
    master, or of an individual who lawfully succeeds the master, and
    of their superior officers in everything related to the vessel, and
    the stores and cargo of the vessel, whether on board, in boats, or
    on shore. In consideration of this service by the seamen to be
    performed, the master agrees to pay the crew, as wages, the amounts
    beside their names respectively expressed, and to supply them with
    provisions according to the annexed scale.
      It is agreed that any embezzlement, or willful or negligent
    destruction of any part of the vessel's cargo or stores, shall be
    made good to the owner out of the wages of the person guilty of the
    embezzlement or destruction.
      If an individual holds himself or herself out as qualified for a
    duty which the individual proves incompetent to perform, the
    individual's wages shall be reduced in proportion to the
    incompetency.
      It also is agreed that if a seaman considers himself or herself
    to be aggrieved by any breach of this agreement or otherwise, the
    seaman shall present the complaint to the master or officer in
    charge of the vessel, in a quiet and orderly manner, who shall take
    steps that the case requires.
      It also is agreed that (here any other stipulations may be
    inserted to which the parties agree, and that are not contrary to
    law).
      In witness whereof, the parties have subscribed their names to
    this agreement, on the dates beside their respective signatures.
      Signed by             , master, on the          day of         ,
    nineteen hundred and            .

    Signature of seaman     Time of service:                            
    Birthplace    Months                                    
    Age           Days                                      
    Height:     Hospital money                              
      Feet      Whole wages                                 
      Inches    Wages due                                   
    Description:Place and time of entry                     
      ComplexionTime at which seaman is to                  
      Hair       be on board                                
    Wages each month        In what capacity                            
    Wages each voyage       Allotment payable to                        
    Advance wages           Conduct qualifications                      
    Amount of monthly                                                 
     allotment  

      Note. - In the place for signature and descriptions of
    individuals engaged after the first departure of the vessel, the
    entries are to be made as above, except that the signature of the
    consul or vice consul, customs officer, or witness before whom the
    individual is engaged, is to be entered.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 562; Pub. L. 103-206, title
    IV, Sec. 402, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10304                                 46:713                        
    --------------------------------------------------------------------

      Section 10304 provides the form of the shipping articles of
    agreement. While the exact format need not be followed, the form
    that is used must contain all the pertinent elements.

                                AMENDMENTS                            
      1993 - Pub. L. 103-206 struck out "Shipping commissioner's
    signature or initials" immediately below "In what capacity" in the
    form.

-End-



-CITE-
    46 USC Sec. 10305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10305. Manner of signing agreement

-STATUTE-
      The agreement required by section 10302 of this title shall be
    signed - 
        (1) first by the master and dated at that time, after which
      each seaman shall sign; and
        (2) in the presence of the master or individual in charge.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 563; Pub. L. 103-206, title
    IV, Sec. 403, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10305                                 46:565                        
    --------------------------------------------------------------------

      Section 10305 describes the procedures for signing the shipping
    agreement, and for keeping official records of the agreement. It
    also requires that the agreement include a statement that the
    seaman understand its provisions, and did so while sober.

                                AMENDMENTS                            
      1993 - Pub. L. 103-206 struck out "(a)" before "The agreement",
    substituted "the master or individual in charge" for "a shipping
    commissioner" in par. (2), and struck out subsecs. (b) and (c)
    which read as follows:
      "(b) When the crew is first engaged, the agreement shall be
    signed in duplicate. One of the copies shall be retained by the
    shipping commissioner. The other copy shall contain space for the
    description and signatures of seamen engaged subsequent to the
    first making of the agreement, and shall be delivered to the
    master.
      "(c) An agreement signed before a shipping commissioner shall be
    acknowledged and signed by the commissioner on the agreement in the
    manner and form prescribed by regulation. The acknowledgment and
    certification shall include a statement by the commissioner that
    the seaman - 
        "(1) has read the agreement;
        "(2) is acquainted with and understands its conditions; and
        "(3) has signed it freely and voluntarily when sober."

-End-



-CITE-
    46 USC Sec. 10306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10306. Exhibiting merchant mariners' documents

-STATUTE-
      Before signing the agreement required by section 10302 of this
    title, each individual required by section 8701 of this title to
    have a merchant mariner's document shall exhibit to the master or
    individual in charge a document issued to the individual,
    appropriately endorsed for the capacity in which the individual is
    to serve.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title
    IV, Sec. 404, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10306                                 46:643(c)                     
    --------------------------------------------------------------------

      Section 10306 requires a seaman to exhibit an appropriately
    endorsed merchant mariner's document to the shipping commissioner
    before signing a shipping agreement. When a master acts as a
    shipping commissioner, the same procedure applies.

                                AMENDMENTS                            
      1993 - Pub. L. 103-206 substituted "master or individual in
    charge" for "shipping commissioner".

-End-



-CITE-
    46 USC Sec. 10307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10307. Posting agreements

-STATUTE-
      At the beginning of a voyage, the master shall have a legible
    copy of the agreement required by section 10302 of this title,
    omitting signatures, exhibited in a part of the vessel accessible
    to the crew.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title
    IV, Sec. 405, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10307                                 46:577                        
    --------------------------------------------------------------------

      Section 10307 requires the master to post a copy of the shipping
    agreement in a part of the vessel accessible to the crew prior to
    the commencement of a voyage. The posting must be done in a manner
    that gives seamen adequate notice of the particulars of the pending
    voyage.

                                AMENDMENTS                            
      1993 - Pub. L. 103-206 struck out at end "A master violating this
    section is liable to the United States Government for a civil
    penalty of $100."

-End-



-CITE-
    46 USC Sec. 10308                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10308. Foreign engagements

-STATUTE-
      When a seaman is engaged outside the United States, the agreement
    required by section 10302 of this title shall be signed in the
    presence of a consular officer. If a consular officer is not
    available at the port of engagement, the seaman may be engaged, and
    the agreement shall be signed in the next port at which a consular
    officer is available.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title
    IV, Sec. 406, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10308                                 46:570                        
    --------------------------------------------------------------------

      Section 10308 requires that shipping agreements made in foreign
    ports be signed in the presence of a consular officer. The penalty
    for violation of this section is $100.

                                AMENDMENTS                            
      1993 - Pub. L. 103-206 struck out "(a)" before "When a seaman"
    and struck out subsec. (b) which read as follows: "A master
    engaging a seaman in violation of this section is liable to the
    United States Government for a civil penalty of $100. The vessel
    also is liable in rem for the penalty."

-End-



-CITE-
    46 USC Sec. 10309                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10309. Engaging seamen to replace those lost by desertion or
      casualty

-STATUTE-
      (a) If a desertion or casualty results in the loss of at least
    one seaman, the master shall engage, if obtainable, a number equal
    to the number of seamen of whose services the master has been
    deprived. The new seaman must have at least the same grade or
    rating as the seaman whose place the new seaman fills. The master
    shall report the loss and replacement to a consular officer at the
    first port at which the master arrives.
      (b) This section does not apply to a fishing or whaling vessel or
    a yacht.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title
    IV, Sec. 407, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10309                                 46:569                        
    --------------------------------------------------------------------

      Section 10309 provides for the replacement of seamen lost by
    desertion or casualty. It does not apply to fishing vessels,
    whaling vessels, or yachts.

                                AMENDMENTS                            
      1993 - Subsecs. (b), (c). Pub. L. 103-206 redesignated subsec.
    (c) as (b) and struck out former subsec. (b) which read as follows:
    "The master is liable to the United States Government for a civil
    penalty of $200 for each report not made. The vessel also is liable
    in rem for the penalty."

-End-



-CITE-
    46 USC Sec. 10310                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10310. Discharge

-STATUTE-
      A master shall deliver to a seaman a full and true account of the
    seaman's wages and all deductions at least 48 hours before paying
    off or discharging the seaman.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title
    IV, Sec. 408, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10310                                 46:641                        
                                          46:642                        
    --------------------------------------------------------------------

      Section 10310 requires the master of a vessel to give each seaman
    a full account of the seaman's wages 48 hours before discharge. The
    penalty for violation is $50.

                                AMENDMENTS                            
      1993 - Pub. L. 103-206 struck out "or a shipping commissioner"
    after "to a seaman" and struck out at end "A master failing to
    deliver the account is liable to the United States Government for a
    civil penalty of $50."

-End-



-CITE-
    46 USC Sec. 10311                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10311. Certificates of discharge

-STATUTE-
      (a) On discharging a seaman and paying the seaman's wages, the
    master or individual in charge shall provide the seaman with a
    certificate of discharge. The form of the certificate shall be
    prescribed by regulation. It shall contain - 
        (1) the name of the seaman;
        (2) the citizenship or nationality of the seaman;
        (3) the number of the seaman's merchant mariner's document;
        (4) the name and official number of the vessel;
        (5) the nature of the voyage (foreign, intercoastal, or
      coastwise);
        (6) the propulsion class of the vessel;
        (7) the date and place of engagement;
        (8) the date and place of discharge; and
        (9) the seaman's capacity on the voyage.

      (b) The certificate of discharge may not contain a reference
    about the character or ability of the seaman. The certificate shall
    be signed by the master and the seaman.
      (c) A certificate of discharge may not be issued if the seaman
    holds a continuous discharge book. The entries shall be made in the
    discharge book in the same manner as the entries required by
    subsection (a) of this section.
      (d)(1) A record of each discharge shall be maintained by the
    owner, charterer, managing operator, master, or individual in
    charge in the manner and location prescribed by regulation. The
    records may not be open for general or public use or inspection.
      (2) A duplicate of a record of discharge shall be issued to a
    seaman at the request of the seaman.
      (e) This section does not apply to a fishing or whaling vessel or
    a yacht.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title
    IV, Sec. 409, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10311                                 46:643                        
    --------------------------------------------------------------------

      Section 10311 requires a shipping commissioner, when discharging
    a seaman, either to provide the seaman with a certificate of
    discharge or to make an entry in the seaman's continuous discharge
    book. It requires that certain facts be included in the certificate
    or in the entry, prohibits other information from being included,
    and requires the Secretary to keep records of all discharges,
    copies of which must be furnished to seamen at cost upon request.
    These discharges are used to substantiate the nature and duration
    of the seaman's employment on a particular vessel. This section
    does not apply to fishing vessels, whaling vessels, or yachts.

                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-206, Sec. 409(1), substituted
    "master or individual in charge" for "shipping commissioner".
      Subsec. (b). Pub. L. 103-206, Sec. 409(2), substituted "by the
    master and the seaman" for "by the master, the seaman, and the
    shipping commissioner as witness".
      Subsec. (d)(1). Pub. L. 103-206, Sec. 409(3), substituted "owner,
    charterer, managing operator, master, or individual in charge" for
    "Secretary".
      Subsec. (d)(2). Pub. L. 103-206, Sec. 409(4), substituted "at the
    request of the seaman" for "at a cost prescribed by regulation".

-End-



-CITE-
    46 USC Sec. 10312                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10312. Settlements on discharge

-STATUTE-
      When discharge and settlement are completed, the master,
    individual in charge, or owner and each seaman shall sign the
    agreement required by section 10302 of this title.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 565; Pub. L. 103-206, title
    IV, Sec. 410, Dec. 20, 1993, 107 Stat. 2437.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10312(a), (b), (d)-(f)                46:644                        
    10312(c)                              46:652                        
    --------------------------------------------------------------------

      Section 10312 outlines the procedures for settlements upon
    discharge and for settling disputes over seamen's wages and
    discharges.

                                AMENDMENTS                            
      1993 - Pub. L. 103-206 amended heading and text of section
    generally, substituting text consisting of sentence relating to
    signing agreements on discharge and settlement for former subsecs.
    (a) to (f) relating to such agreements, proceedings before shipping
    commissioners to settle disputes, certified copies of agreements,
    evidence of release of claims, and statements of wages paid.

-End-



-CITE-
    46 USC Sec. 10313                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10313. Wages

-STATUTE-
      (a) A seaman's entitlement to wages and provisions begins when
    the seaman begins work or when specified in the agreement required
    by section 10302 of this title for the seaman to begin work or be
    present on board, whichever is earlier.
      (b) Wages are not dependent on the earning of freight by the
    vessel. When the loss or wreck of the vessel ends the service of a
    seaman before the end of the period contemplated in the agreement,
    the seaman is entitled to wages for the period of time actually
    served. The seaman shall be deemed a destitute seaman under section
    11104 of this title. This subsection applies to a fishing or
    whaling vessel but not a yacht.
      (c) When a seaman who has signed an agreement is discharged
    improperly before the beginning of the voyage or before one month's
    wages are earned, without the seaman's consent and without the
    seaman's fault justifying discharge, the seaman is entitled to
    receive from the master or owner, in addition to wages earned, one
    month's wages as compensation.
      (d) A seaman is not entitled to wages for a period during which
    the seaman - 
        (1) unlawfully failed to work when required, after the time
      fixed by the agreement for the seaman to begin work; or
        (2) lawfully was imprisoned for an offense, unless a court
      hearing the case otherwise directs.

      (e) After the beginning of the voyage, a seaman is entitled to
    receive from the master, on demand, one-half of the balance of
    wages earned and unpaid at each port at which the vessel loads or
    delivers cargo during the voyage. A demand may not be made before
    the expiration of 5 days from the beginning of the voyage, not more
    than once in 5 days, and not more than once in the same port on the
    same entry. If a master does not comply with this subsection, the
    seaman is released from the agreement and is entitled to payment of
    all wages earned. Notwithstanding a release signed by a seaman
    under section 10312 of this title, a court having jurisdiction may
    set aside, for good cause shown, the release and take action that
    justice requires. This subsection does not apply to a fishing or
    whaling vessel or a yacht.
      (f) At the end of a voyage, the master shall pay each seaman the
    balance of wages due the seaman within 24 hours after the cargo has
    been discharged or within 4 days after the seaman is discharged,
    whichever is earlier. When a seaman is discharged and final payment
    of wages is delayed for the period permitted by this subsection,
    the seaman is entitled at the time of discharge to one-third of the
    wages due the seaman.
      (g) When payment is not made as provided under subsection (f) of
    this section without sufficient cause, the master or owner shall
    pay to the seaman 2 days' wages for each day payment is delayed.
      (h) Subsections (f) and (g) of this section do not apply to a
    fishing or whaling vessel or a yacht.
      (i) This section applies to a seaman on a foreign vessel when in
    a harbor of the United States. The courts are available to the
    seaman for the enforcement of this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 566; Pub. L. 99-640, Sec.
    10(b)(4), Nov. 10, 1986, 100 Stat. 3550.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10313(a)                              46:591                        
    10313(b)                              46:592                        
                                          46:593                        
    10313(c)                              46:594                        
    10313(d)                              46:595                        
    10313(e)-(i)                          46:596                        
                                          46:597                        
                                          46:598                        
    --------------------------------------------------------------------

      Section 10313 provides that a seaman's entitlement to wages
    begins when the seaman begins work, or as specified in the shipping
    agreement. This section also qualifies a seaman's entitlement to
    wages if the vessel is lost or wrecked, if the seaman is discharged
    improperly, or if the seaman unlawfully failed to work or was
    imprisoned. It also establishes procedures for the payment of wages
    at each port the vessel loads or unloads cargo, and at the end of
    the voyage. This section applies to seamen on foreign vessels in
    United States harbors, but not to fishing vessels, whaling vessels
    or yachts.

                                AMENDMENTS                            
      1986 - Subsec. (e). Pub. L. 99-640 struck out last sentence which
    read as follows: "However, this subsection applies to a vessel
    taking oysters."
      Subsec. (h). Pub. L. 99-640 struck out last sentence which read
    as follows: "However, subsections (f) and (g) apply to a vessel
    taking oysters."

-End-



-CITE-
    46 USC Sec. 10314                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10314. Advances

-STATUTE-
      (a)(1) A person may not - 
        (A) pay a seaman wages in advance of the time when the seaman
      has earned the wages;
        (B) pay advance wages of the seaman to another person; or
        (C) make to another person an order, note, or other evidence of
      indebtedness of the wages, or pay another person, for the
      engagement of seamen when payment is deducted or to be deducted
      from the seaman's wage.

      (2) A person violating this subsection is liable to the United
    States Government for a civil penalty of not more than $500. A
    payment made in violation of this subsection does not relieve the
    vessel or the master from the duty to pay all wages after they have
    been earned.
      (b) A person demanding or receiving from a seaman or an
    individual seeking employment as a seaman, remuneration for
    providing the seaman or individual with employment, is liable to
    the Government for a civil penalty of not more than $500.
      (c) This section applies to a foreign vessel when in waters of
    the United States. An owner, charterer, managing operator, agent,
    or master of a foreign vessel violating this section is liable to
    the Government for the same penalty as an owner, charterer,
    managing operator, agent, or master of a vessel of the United
    States for the same violation.
      (d) The owner, charterer, managing operator, agent, or master of
    a vessel seeking clearance from a port of the United States shall
    present the agreement required by section 10302 of this title at
    the office of clearance. Clearance may be granted to a vessel only
    if this section has been complied with.
      (e) This section does not apply to a fishing or whaling vessel or
    a yacht.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 567; Pub. L. 99-640, Sec.
    10(b)(4), Nov. 10, 1986, 100 Stat. 3550.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10314                                 46:599                        
    --------------------------------------------------------------------

      Section 10314 forbids advance payment of wages to seamen prior to
    the commencement of the seaman's employment. It provides a civil
    penalty of $500 for any person making such a payment, and for any
    person demanding or receiving remuneration for providing a seaman
    with employment. This means that the use of employment agencies for
    hiring seamen is prohibited. It also requires compliance with
    section 10302 regarding the signing of articles of agreement before
    a vessel can be cleared from a United States port. This section
    applies to foreign vessels in United States waters but not to
    fishing vessels, whaling vessels or yachts.

                                AMENDMENTS                            
      1986 - Subsec. (e). Pub. L. 99-640 struck out last sentence which
    read as follows: "However, this section applies to a vessel taking
    oysters."

-End-



-CITE-
    46 USC Sec. 10315                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10315. Allotments

-STATUTE-
      (a) Under prescribed regulations, a seaman may stipulate as
    follows in the agreement required by section 10302 of this title
    for an allotment of any part of the wages the seaman may earn:
        (1) to the seaman's grandparents, parents, spouse, sister,
      brother, or children;
        (2) to an agency designated by the Secretary of the Treasury to
      handle applications for United States savings bonds, to purchase
      bonds for the seaman; and
        (3) for deposits to be made in an account for savings or
      investment opened by the seaman and maintained in the seaman's
      name at a savings bank or a savings institution in which the
      accounts are insured by the Federal Deposit Insurance Corporation
      or the Federal Savings and Loan Insurance Corporation.

      (b) An allotment is valid only if made in writing and signed by
    and approved by a shipping commissioner. The shipping commissioner
    shall examine allotments and the parties to them to enforce
    compliance with the law. Stipulations for allotments made at the
    beginning of a voyage shall be included in the agreement and shall
    state the amounts and times of payment and the person to whom
    payments are to be made.
      (c) Only an allotment complying with this section is lawful. A
    person falsely claiming qualification as an allottee under this
    section is liable to the United States Government for a civil
    penalty of not more than $500.
      (d) The owner, charterer, managing operator, agent, or master of
    a vessel seeking clearance from a port of the United States shall
    present the agreement at the office of clearance. Clearance may be
    granted to a vessel only if this section has been complied with.
      (e) This section applies to a foreign vessel when in waters of
    the United States. An owner, charterer, managing operator, agent,
    or master of a foreign vessel violating this section is liable to
    the Government for the same penalty as an owner, charterer,
    managing operator, agent, or master of a vessel of the United
    States for the same violation.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 567.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10315                                 46:599                        
    --------------------------------------------------------------------

      Section 10315 lists the persons to whom a seaman may allot wages,
    specifies the conditions which make an allotment valid, and
    provides a civil penalty of $500 for falsely claiming qualification
    as an allottee. It also requires that this section be complied with
    before a vessel can be cleared from a United States port. This
    section applies to foreign vessels.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Federal Savings and Loan Insurance Corporation abolished and
    functions transferred, see sections 401 to 406 of Pub. L. 101-73,
    set out as a note under section 1437 of Title 12, Banks and
    Banking.

-End-



-CITE-
    46 USC Sec. 10316                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10316. Trusts

-STATUTE-
      Sections 10314 and 10315 of this title do not prevent an employer
    from making deductions from the wages of a seaman, with the written
    consent of the seaman, if - 
        (1) the deductions are paid into a trust fund established only
      for the benefit of seamen employed by that employer, and the
      families and dependents of those seamen (or of those seamen,
      families, and dependents jointly with other seamen employed by
      other employers, and the families and dependents of the other
      seamen); and
        (2) the payments are held in trust to provide, from principal
      or interest, or both, any of the following benefits for those
      seamen and their families and dependents:
          (A) medical or hospital care, or both.
          (B) pensions on retirement or death of the seaman.
          (C) life insurance.
          (D) unemployment benefits.
          (E) compensation for illness or injuries resulting from
        occupational activity.
          (F) sickness, accident, and disability compensation.
          (G) purchasing insurance to provide any of the benefits
        specified in this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 568.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10316                                 46:599(g)                     
    --------------------------------------------------------------------

      Section 10316 qualifies the two previous sections by allowing an
    employer to make deductions from seamen's wages for the purpose of
    placing the wages into a trust fund or holding them in trust to
    provide for the seamen's benefit.

-End-



-CITE-
    46 USC Sec. 10317                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10317. Loss of lien and right to wages

-STATUTE-
      A master or seaman by any agreement other than one provided for
    in this chapter may not forfeit the master's or seaman's lien on
    the vessel or be deprived of a remedy to which the master or seaman
    otherwise would be entitled for the recovery of wages. A
    stipulation in an agreement inconsistent with this chapter, or a
    stipulation by which a seaman consents to abandon a right to wages
    if the vessel is lost, or to abandon a right the seaman may have or
    obtain in the nature of salvage, is void.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 568.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10317                                 46:600                        
    --------------------------------------------------------------------

      Section 10317 prohibits a master or seaman from entering into an
    agreement which forfeits his or her lien on the vessel or other
    remedy for recovery of wages, and renders such agreements void.

-End-



-CITE-
    46 USC Sec. 10318                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10318. Wages on discharge in foreign ports

-STATUTE-
      (a) When a master or seaman applies to a consular officer for the
    discharge of the seaman, the consular officer shall require the
    master to pay the seaman's wages if it appears that the seaman has
    carried out the agreement required by section 10302 of this title
    or otherwise is entitled to be discharged. Then the consular
    officer shall discharge the seaman. A consular officer shall
    require the payment of extra wages only as provided in this section
    or in chapter 109 of this title.
      (b) When discharging a seaman, a consular officer who fails to
    require the payment of the wages due a seaman at the time, and of
    the extra wages due under subsection (a) of this section, is
    accountable to the United States Government for the total amount.
      (c) A seaman discharged under this section with the consent of
    the seaman is entitled to wages up to the time of discharge, but
    not for any additional period.
      (d) If the seaman is discharged involuntarily, and it appears
    that the discharge was not because of neglect of duty,
    incompetency, or injury incurred on the vessel, the master shall
    provide the seaman with employment on a vessel agreed to by the
    seaman or shall provide the seaman with one month's extra wages.
      (e) Expenses for the maintenance and return of an ill or injured
    seaman to the United States shall be paid by the Secretary of
    State. If a seaman is incapacitated by illness or injury and prompt
    discharge is necessary, but a personal appearance of the master
    before a consular officer is impracticable, the master may provide
    transportation to the seaman to the nearest consular officer for
    discharge.
      (f) A deduction from wages of the seaman is permitted only if the
    deduction appears in the account of the seaman required to be
    delivered under section 10310 of this title, except for matters
    arising after delivery of the account, in which case a
    supplementary account is required. During a voyage, the master
    shall record in the official logbook the matters about which
    deductions are to be made with the amounts of the deductions. The
    entries shall be made as the matters occur. The master shall
    produce the official logbook at the time of payment of wages, and
    also before a competent authority on the hearing of any complaint
    or question about the payment of wages.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 568.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10318                                 46:682                        
                                          46:683                        
    --------------------------------------------------------------------

      Section 10318 establishes consular officers' responsibilities in
    discharging seamen and the seamen's right to wages when discharged
    and when incapacitated by illness or injury. It also requires a
    master to record in the official logbook all matters for which
    deductions are to be made from seamen's wages.

-End-



-CITE-
    46 USC Sec. 10319                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10319. Costs of a criminal conviction

-STATUTE-
      In a proceeding about a seaman's wages, if it is shown that the
    seaman was convicted during the voyage of an offense by a competent
    tribunal and sentenced by the tribunal, the court hearing the case
    may direct that a part of the wages due the seaman, but not more
    than $15, be applied to reimburse the master for costs properly
    incurred in procuring the conviction and sentence.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 569.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10319                                 46:707                        
    --------------------------------------------------------------------

      Section 10319 provides that if a seaman was convicted during a
    voyage by a tribunal, that the court may direct that up to $15 of
    the seaman's wages be used to reimburse the master for the costs
    incurred.

-End-



-CITE-
    46 USC Sec. 10320                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10320. Records of seamen

-STATUTE-
      The Secretary shall prescribe regulations requiring vessel owners
    to maintain records of seamen on matters of engagement, discharge,
    and service. A vessel owner shall make these records available to
    the seaman and the Coast Guard on request.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 569; Pub. L. 103-206, title
    IV, Sec. 411, Dec. 20, 1993, 107 Stat. 2437.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10320                                 ................              
                                           ..............................
    --------------------------------------------------------------------

      Section 10320 authorizes the Secretary to provide for the
    maintenance of records of the engagement, discharge, or service of
    seamen.

                                AMENDMENTS                            
      1993 - Pub. L. 103-206 amended heading and text of section
    generally. Prior to amendment, text read as follows: "The Secretary
    may prescribe regulations for reporting by a master of matters
    about the engagement, discharge, or service of seamen that may be
    needed in keeping central records of seamen."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 10321                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-
    Sec. 10321. General penalty

-STATUTE-
      (a) A person violating any provision of this chapter or a
    regulation prescribed under this chapter is liable to the United
    States Government for a civil penalty of not more than $5,000.
      (b) The vessel is liable in rem for any penalty assessed under
    this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 569; Pub. L. 103-206, title
    IV, Sec. 412, Dec. 20, 1993, 107 Stat. 2437.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10321                                 46:567                        
                                          46:568                        
                                          46:571                        
                                          46:661                        
                                          46:665                        
    --------------------------------------------------------------------

      Section 10321 makes a vessel on which a seaman is carried to sea
    in violation of this chapter or regulation prescribed under this
    chapter liable in rem to the United States Government for a civil
    penalty of $200 for each seaman carried in violation.

                                AMENDMENTS                            
      1993 - Pub. L. 103-206 amended heading and text of section
    generally. Prior to amendment, text read as follows: "The owner,
    charterer, managing operator, agent, or master of a vessel on which
    a seaman is carried in violation of this chapter or a regulation
    prescribed under this chapter is liable to the United States
    Government for a civil penalty of $200 for each seaman carried in
    violation. The vessel also is liable in rem for the penalty."

-End-


-CITE-
    46 USC CHAPTER 105 - COASTWISE VOYAGES                      01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 105 - COASTWISE VOYAGES

-HEAD-
                      CHAPTER 105 - COASTWISE VOYAGES                  

-MISC1-
    Sec.                                                     
    10501.      Application.                                          
    10502.      Shipping articles agreements.                         
    10503.      Exhibiting merchant mariners' documents.              
    10504.      Wages.                                                
    10505.      Advances.                                             
    10506.      Trusts.                                               
    [10507.     Repealed.]                                            
    10508.      General penalties.                                    
    10509.      Penalty for failing to begin voyage.                  

                                AMENDMENTS                            
      1993 - Pub. L. 103-206, title IV, Sec. 415(b), Dec. 20, 1993, 107
    Stat. 2438, struck out item 10507 "Duties of shipping
    commissioners".

-End-



-CITE-
    46 USC Sec. 10501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 105 - COASTWISE VOYAGES

-HEAD-
    Sec. 10501. Application

-STATUTE-
      (a) Except for a vessel to which chapter 103 of this title
    applies, this chapter applies to a vessel of at least 50 gross tons
    as measured under section 14502 of this title, or an alternate
    tonnage measured under section 14302 of this title as prescribed by
    the Secretary under section 14104 of this title on a voyage between
    a port in one State and a port in another State (except an
    adjoining State).
      (b) This chapter does not apply to a vessel on which the seamen
    are entitled by custom or agreement to share in the profit or
    result of a voyage.
      (c) Unless otherwise provided, this chapter does not apply to a
    foreign vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 104-324, title
    VII, Sec. 738, Oct. 19, 1996, 110 Stat. 3941.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10501                                 46:574                        
    --------------------------------------------------------------------

      Section 10501 specifies that vessels over 50 gross tons that are
    not subject to chapter 103 and are engaged on voyages between two
    states (except for adjoining states) are subject to the provisions
    of this chapter. Specifically excluded are foreign vessels and
    vessels on which seamen share the profits.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-324 inserted "as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title" after "50 gross tons".

-End-



-CITE-
    46 USC Sec. 10502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 105 - COASTWISE VOYAGES

-HEAD-
    Sec. 10502. Shipping articles agreements

-STATUTE-
      (a) The owner, charterer, managing operator, master, or
    individual in charge shall make a shipping agreement in writing
    with each seaman before the seaman commences employment.
      (b) The agreement shall include the date and hour on which the
    seaman must be on board to begin the voyage.
      (c) The agreement may not contain a provision on the allotment of
    wages or a scale of provisions.
      (d) Each shipping agreement must be signed by the master or
    individual in charge or a representative of the owner, charterer,
    or managing operator, and by each seaman employed.
      (e) The owner, charterer, managing operator, master, or
    individual in charge shall maintain the shipping agreement and make
    the shipping agreement available to the seaman.
      (f) The Secretary shall prescribe regulations requiring shipping
    companies to maintain records of seamen on matters of engagement,
    discharge, and service. The shipping companies shall make these
    records available to the seaman and the Coast Guard on request.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 103-206, title
    IV, Sec. 413, Dec. 20, 1993, 107 Stat. 2437.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10502                                 46:574                        
    --------------------------------------------------------------------

      Section 10502 requires the master on a vessel engaged on a
    coastwise voyage to sign a shipping agreement with each member of
    the crew and lists provisions which must be and provisions which
    may not be included in the agreement.

                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-206, Sec. 413(1), amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows:
    "Before proceeding on a voyage, the master of a vessel to which
    this chapter applies shall make a shipping articles agreement in
    writing with each seaman on board, declaring the nature of the
    voyage or the period of time for which the seaman is engaged."
      Subsecs. (d) to (f). Pub. L. 103-206, Sec. 413(2), added subsecs.
    (d) to (f).


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 10503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 105 - COASTWISE VOYAGES

-HEAD-
    Sec. 10503. Exhibiting merchant mariners' documents

-STATUTE-
      Before signing the agreement required by section 10502 of this
    title, a seaman required by section 8701 of this title to have a
    merchant mariner's document shall exhibit to the master a document
    issued to the seaman and appropriately endorsed for the capacity in
    which the seaman is to serve.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 570.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10503                                 46:643                        
    --------------------------------------------------------------------

      Under section 10503 seamen who are required to have a merchant
    mariner's document must exhibit it before signing a shipping
    agreement on a coastwise voyage.

-End-



-CITE-
    46 USC Sec. 10504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 105 - COASTWISE VOYAGES

-HEAD-
    Sec. 10504. Wages

-STATUTE-
      (a) After the beginning of a voyage, a seaman is entitled to
    receive from the master, on demand, one-half of the balance of
    wages earned and unpaid at each port at which the vessel loads or
    delivers cargo during the voyage. A demand may not be made before
    the expiration of 5 days from the beginning of the voyage, not more
    than once in 5 days, and not more than once in the same port on the
    same entry. If a master does not comply with this subsection, the
    seaman is released from the agreement required by section 10502 of
    this title and is entitled to payment of all wages earned.
    Notwithstanding a release signed by a seaman under section 10312 of
    this title, a court having jurisdiction may set aside, for good
    cause shown, the release and take action that justice requires.
    This subsection does not apply to a fishing or whaling vessel or a
    yacht.
      (b) The master shall pay a seaman the balance of wages due the
    seaman within 2 days after the termination of the agreement
    required by section 10502 of this title or when the seaman is
    discharged, whichever is earlier.
      (c) When payment is not made as provided under subsection (b) of
    this section without sufficient cause, the master or owner shall
    pay to the seaman 2 days' wages for each day payment is delayed.
      (d) Subsections (b) and (c) of this section do not apply to:
        (1) a vessel engaged in coastwise commerce.
        (2) a yacht.
        (3) a fishing vessel.
        (4) a whaling vessel.

      (e) This section applies to a seaman on a foreign vessel when in
    harbor of the United States. The courts are available to the seaman
    for the enforcement of this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 99-36, Sec.
    1(a)(5), May 15, 1985, 99 Stat. 67; Pub. L. 99-640, Sec. 10(b)(4),
    (5), Nov. 10, 1986, 100 Stat. 3550.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10504                                 46:596                        
                                          46:597                        
                                          46:598                        
    --------------------------------------------------------------------

      Section 10504 specifies when seamen on coastwise voyages may
    obtain portions of their wages. The section does not apply to
    fishing vessels, whaling vessels or yachts, and portions of it do
    not apply to vessels taking oysters. It does apply to foreign
    vessels while in United States ports.

                                AMENDMENTS                            
      1986 - Subsec. (a). Pub. L. 99-640, Sec. 10(b)(4), struck out
    last sentence which read as follows: "However, this subsection
    applies to a vessel taking oysters."
      Subsec. (d)(3). Pub. L. 99-640, Sec. 10(b)(5), struck out
    "(except a vessel taking oysters)" after "vessel".
      1985 - Subsec. (d). Pub. L. 99-36 amended subsec. (d) generally,
    thereby including reference to a vessel engaged in coastwise
    commerce.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Pub. L. 99-36, Sec. 1(b), May 15, 1985, 99 Stat. 68, provided
    that: "The effective date of subsection (a)(5) of this section
    [amending this section] is August 26, 1983."

-End-



-CITE-
    46 USC Sec. 10505                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 105 - COASTWISE VOYAGES

-HEAD-
    Sec. 10505. Advances

-STATUTE-
      (a)(1) A person may not - 
        (A) pay a seaman wages in advance of the time when the seaman
      has earned the wages;
        (B) pay advance wages of the seaman to another person; or
        (C) make to another person an order, note, or other evidence of
      indebtedness of the wages, or pay another person, for the
      engagement of seamen when payment is deducted or to be deducted
      from the seaman's wage.

      (2) A person violating this subsection is liable to the United
    States Government for a civil penalty of not more than $5,000. A
    payment made in violation of this subsection does not relieve the
    vessel or the master from the duty to pay all wages after they have
    been earned.
      (b) A person demanding or receiving from a seaman or an
    individual seeking employment as a seaman, remuneration for
    providing the seaman or individual with employment, is liable to
    the Government for a civil penalty of not more than $5,000.
      (c) The owner, charterer, managing operator, agent, or master of
    a vessel seeking clearance from a port of the United States shall
    present the agreement required by section 10502 of this title at
    the office of clearance. Clearance may be granted to a vessel only
    if this section has been complied with.
      (d) This section does not apply to a fishing or whaling vessel or
    a yacht.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 571; Pub. L. 99-640, Sec.
    10(b)(4), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 103-206, title IV,
    Sec. 414, Dec. 20, 1993, 107 Stat. 2437.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10505                                 46:598                        
                                          46:599                        
    --------------------------------------------------------------------

      Section 10505 prohibits any person from paying a seaman on a
    coastwise voyage advance wages, or to pay to another person any
    form of a seaman's wages prior to the commencement of the seaman's
    employment. It also prohibits a person from seeking or receiving
    remuneration for providing a seaman with employment. This section
    also requires that a vessel comply with this section before
    clearing port. It provides penalties for offenses of its
    provisions. The section does not apply to fishing vessels, whaling
    vessels, or yachts, but does apply to vessels taking oysters.

                                AMENDMENTS                            
      1993 - Subsec. (a)(2). Pub. L. 103-206, Sec. 414(1), substituted
    "$5,000" for "$100".
      Subsec. (b). Pub. L. 103-206, Sec. 414(2), substituted "$5,000"
    for "$500".
      1986 - Subsec. (d). Pub. L. 99-640 struck out last sentence which
    read as follows: "However, this section applies to a vessel taking
    oysters."

-End-



-CITE-
    46 USC Sec. 10506                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 105 - COASTWISE VOYAGES

-HEAD-
    Sec. 10506. Trusts

-STATUTE-
      Section 10505 of this title does not prevent an employer from
    making deductions from the wages of a seaman, with the written
    consent of the seaman, if - 
        (1) the deductions are paid into a trust fund established only
      for the benefit of seamen employed by that employer, and the
      families and dependents of those seamen (or of those seamen,
      families, and dependents jointly with other seamen employed by
      other employers, and the families and dependents of the other
      seamen); and
        (2) the payments are held in trust to provide, from principal
      or interest, or both, any of the following benefits for those
      seamen and their families and dependents:
          (A) medical or hospital care, or both.
          (B) pensions on retirement or death of the seaman.
          (C) life insurance.
          (D) unemployment benefits.
          (E) compensation for illness or injuries resulting from
        occupational activity.
          (F) sickness, accident, and disability compensation.
          (G) purchasing insurance to provide any of the benefits
        specified in this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 571.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10506                                 46:599                        
    --------------------------------------------------------------------

      Section 10506 permits deductions to be made from wages of seamen
    on coastwise voyages if the deductions are to be used for the
    benefit of the seamen or their families.

-End-



-CITE-
    46 USC Sec. 10507                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 105 - COASTWISE VOYAGES

-HEAD-
    Sec. 10507. Repealed.

-MISC1-
    [Sec. 10507. Repealed. Pub. L. 103-206, title IV, Sec. 415(a), Dec.
      20, 1993, 107 Stat. 2438].
      Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 571, related to
    duties of shipping commissioners.

-End-



-CITE-
    46 USC Sec. 10508                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 105 - COASTWISE VOYAGES

-HEAD-
    Sec. 10508. General penalties

-STATUTE-
      (a) A master who carries a seaman on a voyage without first
    making the agreement required by section 10502 of this title shall
    pay to the seaman the highest wage that was paid for a similar
    voyage within the 3 months before the time of engagement at the
    port or place at which the seaman was engaged. A seaman who has not
    signed an agreement is not bound by the applicable regulations,
    penalties, or forfeitures.
      (b) A master engaging a seaman in violation of this chapter or a
    regulation prescribed under this chapter is liable to the United
    States Government for a civil penalty of not more than $5,000. The
    vessel also is liable in rem for the penalty.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 572; Pub. L. 103-206, title
    IV, Sec. 416, Dec. 20, 1993, 107 Stat. 2438.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10508                                 46:575                        
    --------------------------------------------------------------------

      Section 10508 provides for a fair wage to be paid to a seaman who
    was engaged without a shipping agreement, and also exempts the
    seaman under certain conditions from applicable regulations,
    penalties or forfeitures. It also provides a penalty for violation
    of its provisions.

                                AMENDMENTS                            
      1993 - Subsec. (b). Pub. L. 103-206 substituted "not more than
    $5,000" for "$20".

-End-



-CITE-
    46 USC Sec. 10509                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 105 - COASTWISE VOYAGES

-HEAD-
    Sec. 10509. Penalty for failing to begin voyage

-STATUTE-
      (a) A seaman who fails to be on board at the time contained in
    the agreement required by section 10502 of this title, without
    having given 24 hours' notice of inability to do so, shall forfeit,
    for each hour's lateness, one-half of one day's pay to be deducted
    from the seaman's wages if the lateness is recorded in the official
    logbook on the date of the violation.
      (b) A seaman who does not report at all or subsequently deserts
    forfeits all wages.
      (c) This section does not apply to a fishing or whaling vessel or
    a yacht.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 572.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10509                                 46:576                        
    --------------------------------------------------------------------

      This section provides for a reduction in the wages of seamen who
    arrive late for voyages, if their late arrival is noted in the
    official logbook. It does not apply to fishing vessels, whaling
    vessels or yachts.

-End-


-CITE-
    46 USC CHAPTER 106 - FISHING VOYAGES                        01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 106 - FISHING VOYAGES

-HEAD-
                       CHAPTER 106 - FISHING VOYAGES                   

-MISC1-
    Sec.                                                     
    10601.      Fishing agreements.                                   
    10602.      Recovery of wages and shares of fish under agreement. 
    10603.      Seaman's duty to notify employer regarding illness,
                 disability, and injury.                              

-End-



-CITE-
    46 USC Sec. 10601                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 106 - FISHING VOYAGES

-HEAD-
    Sec. 10601. Fishing agreements

-STATUTE-
      (a) Before proceeding on a voyage, the owner, charterer, or
    managing operator, or a representative thereof, including the
    master or individual in charge, of a fishing vessel, fish
    processing vessel, or fish tender vessel shall make a fishing
    agreement in writing with each seaman employed on board if the
    vessel is - 
        (1) at least 20 gross tons as measured under section 14502 of
      this title, or an alternate tonnage measured under section 14302
      of this title as prescribed by the Secretary under section 14104
      of this title; and
        (2) on a voyage from a port in the United States.

      (b) The agreement shall - 
        (1) state the period of effectiveness of the agreement;
        (2) include the terms of any wage, share, or other compensation
      arrangement peculiar to the fishery in which the vessel will be
      engaged during the period of the agreement; and
        (3) include other agreed terms.

-SOURCE-
    (Pub. L. 100-424, Sec. 6(a), Sept. 9, 1988, 102 Stat. 1591; Pub. L.
    104-324, title VII, Sec. 739, Oct. 19, 1996, 110 Stat. 3942; Pub.
    L. 107-295, title IV, Sec. 441(a), (b), Nov. 25, 2002, 116 Stat.
    2131.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10601                                 46:531                        
    --------------------------------------------------------------------


                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-295, Sec. 441(a), (b)(1), in
    introductory provisions, inserted "owner, charterer, or managing
    operator, or a representative thereof, including the" after "on a
    voyage, the" and comma after "individual in charge" and substituted
    "employed" for "enployed".
      Subsecs. (b), (c). Pub. L. 107-295, Sec. 441(b)(2), (3),
    redesignated subsec. (c) as (b) and struck out former subsec. (b)
    which read as follows: "The agreement shall be signed also by the
    owner of the vessel."
      1996 - Subsec. (a)(1). Pub. L. 104-324 inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "20 gross tons".

                        AGREEMENTS DEEMED COMPLIANT                    
      Pub. L. 107-295, title IV, Sec. 441(c), Nov. 25, 2002, 116 Stat.
    2131, as amended by Pub. L. 108-199, div. H, Sec. 137(a), Jan. 23,
    2004, 118 Stat. 442, provided that: "An agreement that complies
    with the requirements of section 10601(a) of title 46, United
    States Code, as herein amended, is hereby deemed to have been in
    compliance with subsections (a) and (b) of section 10601 of title
    46, United States Code, as in effect prior to November 25, 2002."
      [Pub. L. 108-199, div. H, Sec. 137(b), Jan. 23, 2004, 118 Stat.
    442, provided that: "The amendments made by subsection (a)
    [amending section 441(c) of Pub. L. 107-295, set out above] apply
    to all proceedings pending on or commenced after the date of
    enactment of this Act [Jan. 23, 2004]."]

-End-



-CITE-
    46 USC Sec. 10602                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 106 - FISHING VOYAGES

-HEAD-
    Sec. 10602. Recovery of wages and shares of fish under agreement

-STATUTE-
      (a) When fish caught under an agreement under section 10601 of
    this title are delivered to the owner of the vessel for processing
    and are sold, the vessel is liable in rem for the wages and shares
    of the proceeds of the seamen. An action under this section must be
    brought within six months after the sale of the fish.
      (b)(1) In an action under this section, the owner shall produce
    an accounting of the sale and division of proceeds under the
    agreement. If the owner fails to produce the accounting, the vessel
    is liable for the highest value alleged for the shares.
      (2) The owner may offset the value of general supplies provided
    for the voyage and other supplies provided the seaman bringing the
    action.
      (c) This section does not affect a common law right of a seaman
    to bring an action to recover the seaman's share of the fish or
    proceeds.

-SOURCE-
    (Pub. L. 100-424, Sec. 6(a), Sept. 9, 1988, 102 Stat. 1592.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10602                                 46:533, 534                   
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 10603                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 106 - FISHING VOYAGES

-HEAD-
    Sec. 10603. Seaman's duty to notify employer regarding illness,
      disability, and injury

-STATUTE-
      (a) A seaman on a fishing vessel, fish processing vessel, or fish
    tender vessel shall notify the master or individual in charge of
    the vessel or other agent of the employer regarding any illness,
    disability, or injury suffered by the seaman when in service to the
    vessel not later than seven days after the date on which the
    illness, disability, or injury arose.
      (b) The Secretary shall prescribe regulations requiring that each
    fishing vessel, fish processing vessel, and fish tender vessel
    shall have on board a placard displayed in a prominent location
    accessible to the crew describing the seaman's duty under
    subsection (a) of this section.

-SOURCE-
    (Pub. L. 100-424, Sec. 6(a), Sept. 9, 1988, 102 Stat. 1592.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10603                                 New                           
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 107 - EFFECTS OF DECEASED SEAMEN             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 107 - EFFECTS OF DECEASED SEAMEN

-HEAD-
                 CHAPTER 107 - EFFECTS OF DECEASED SEAMEN             

-MISC1-
    Sec.                                                     
    10701.      Application.                                          
    10702.      Duties of masters.                                    
    10703.      Procedures of masters.                                
    10704.      Duties of consular officers.                          
    10705.      Disposition of money, property, and wages by consular
                 officers.                                            
    10706.      Seamen dying in the United States.                    
    [10707.     Repealed.]                                            
    10708.      Sale of property.                                     
    10709.      Distribution.                                         
    10710.      Unclaimed money, property, and wages.                 
    10711.      Penalties.                                            

                                AMENDMENTS                            
      1993 - Pub. L. 103-206, title IV, Sec. 420(b), Dec. 20, 1993, 107
    Stat. 2438, struck out item 10707 "Delivery to district court".

-End-



-CITE-
    46 USC Sec. 10701                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 107 - EFFECTS OF DECEASED SEAMEN

-HEAD-
    Sec. 10701. Application

-STATUTE-
      (a) Except as otherwise specifically provided, this chapter
    applies to a vessel on a voyage between - 
        (1) a port of the United States and a port in a foreign country
      (except a port in Canada, Mexico, and the West Indies); and
        (2) a port of the United States on the Atlantic Ocean and a
      port of the United States on the Pacific Ocean.

      (b) This chapter does not apply to a vessel on which a seaman by
    custom or agreement is entitled to share in the profit or result of
    a voyage.
      (c) This chapter does not apply to a foreign vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 572.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10701                                 46:621                        
    --------------------------------------------------------------------

      Section 10701 provides that the provisions in chapter 107 apply
    to vessels on voyages between U.S. ports and foreign countries
    (except Canada, Mexico, or the West Indies) and between United
    States ports on the Atlantic and United States ports on the
    Pacific. It does not apply to foreign vessels or vessels on which
    the seamen share the profits.

-End-



-CITE-
    46 USC Sec. 10702                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 107 - EFFECTS OF DECEASED SEAMEN

-HEAD-
    Sec. 10702. Duties of masters

-STATUTE-
      (a) When a seaman dies during a voyage, the master shall take
    charge of the seaman's money and property. An entry shall be made
    in the official logbook, signed by the master, the chief mate, and
    an unlicensed crewmember containing an inventory of the money and
    property and a statement of the wages due the seaman, with the
    total of the deductions to be made.
      (b) On compliance with this chapter, the master shall obtain a
    written certificate of compliance from the consular officer or
    court clerk. Clearance may be granted to a foreign-bound vessel
    only when the certificate is received at the office of customs.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 572; Pub. L. 103-206, title
    IV, Sec. 422(a), Dec. 20, 1993, 107 Stat. 2438.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10702                                 46:621                        
    --------------------------------------------------------------------

      Section 10702 requires a master to take charge of the property of
    a deceased seaman, make note in the official logbook that the
    property was taken and obtain a certificate of compliance from a
    shipping commissioner which must be exhibited for port clearance of
    foreign bound vessels.

                                AMENDMENTS                            
      1993 - Subsec. (b). Pub. L. 103-206 substituted "the consular
    officer or court clerk" for "a shipping commissioner".

-End-



-CITE-
    46 USC Sec. 10703                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 107 - EFFECTS OF DECEASED SEAMEN

-HEAD-
    Sec. 10703. Procedures of masters

-STATUTE-
      (a) If the vessel is proceeding to the United States when a
    seaman dies, the master shall deliver the seaman's money, property,
    and wages when the agreement required by this part is ended, as
    provided in section 10706 of this title.
      (b) If the vessel touches at a foreign port after the death of
    the seaman, the master shall report to the first available consular
    officer. The consular officer may require the master to deliver to
    the officer the money, property, and wages of the seaman. The
    consular officer shall give the master a receipt for the matters
    delivered and certify on the agreement the particulars of the
    delivery. When the agreement ends, the master shall deliver the
    receipt to a district court of the United States.
      (c) If the consular officer does not require the master to
    deliver the seaman's money, property, and wages, the officer shall
    so certify on the agreement, and the master shall dispose of the
    money, property, and wages as provided under section 10706 of this
    title.
      (d) A deduction from the account of a deceased seaman is valid
    only if certified by a proper entry in the official logbook.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 573; Pub. L. 103-206, title
    IV, Sec. 418, Dec. 20, 1993, 107 Stat. 2438.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10703                                 46:622                        
    --------------------------------------------------------------------

      Section 10703 provides for the disposal by the master of the
    property and wages of deceased seamen who have died outside the
    United States.

                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-206, Sec. 418(1), substituted "in
    section 10706 of this title" for "by regulations prescribed by the
    Secretary".
      Subsec. (b). Pub. L. 103-206, Sec. 418(2), substituted "to a
    district court of the United States" for "as prescribed by
    regulations".
      Subsec. (c). Pub. L. 103-206, Sec. 418(3), substituted "section
    10706 of this title" for "subsection (a) of this section".

-End-



-CITE-
    46 USC Sec. 10704                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 107 - EFFECTS OF DECEASED SEAMEN

-HEAD-
    Sec. 10704. Duties of consular officers

-STATUTE-
      When a seaman dies outside the United States leaving money or
    property not on board a vessel, the consular officer nearest the
    place at which the money and property is located shall claim and
    take charge of it.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 573.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10704                                 46:624                        
    --------------------------------------------------------------------

      Section 10704 requires consular officers to take charge of the
    property (not left on board a vessel) of deceased seamen who have
    died outside the United States.

-End-



-CITE-
    46 USC Sec. 10705                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 107 - EFFECTS OF DECEASED SEAMEN

-HEAD-
    Sec. 10705. Disposition of money, property, and wages by consular
      officers

-STATUTE-
      When money, property, or wages of a deceased seaman comes into
    possession of a consular officer, the officer may - 
        (1) sell the property and remit the proceeds and other money or
      wages of the seaman the officer has received, to the district
      court of the United States for the district in which the voyage
      begins or ends; or
        (2) deliver the money, property, and wages to the district
      court.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 573.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10705                                 46:624                        
    --------------------------------------------------------------------

      Section 10705 instructs consular officers on the disposal of the
    property and wages of deceased seamen who have died outside the
    United States.

-End-



-CITE-
    46 USC Sec. 10706                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 107 - EFFECTS OF DECEASED SEAMEN

-HEAD-
    Sec. 10706. Seamen dying in the United States

-STATUTE-
      When a seaman dies in the United States and is entitled at death
    to claim money, property, or wages from the master or owner of a
    vessel on which the seaman served, the master or owner shall
    deliver the money, property, and wages to a district court of the
    United States within one week of the seaman's death. If the
    seaman's death occurs at sea, such money, property, or wages shall
    be delivered to a district court or a consular officer within one
    week of the vessel's arrival at the first port call after the
    seaman's death.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 573; Pub. L. 103-206, title
    IV, Sec. 419, Dec. 20, 1993, 107 Stat. 2438.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10706                                 46:625                        
    --------------------------------------------------------------------

      Section 10706 provides for the disposal by the master of the
    property and wages of deceased seamen who have died in the United
    States.

                                AMENDMENTS                            
      1993 - Pub. L. 103-206 substituted "to a district court of the
    United States within one week of the seaman's death. If the
    seaman's death occurs at sea, such money, property, or wages shall
    be delivered to a district court or a consular officer within one
    week of the vessel's arrival at the first port call after the
    seaman's death." for "as provided by regulations prescribed by the
    Secretary.".

-End-



-CITE-
    46 USC Sec. 10707                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 107 - EFFECTS OF DECEASED SEAMEN

-HEAD-
    Sec. 10707. Repealed.

-MISC1-
    [Sec. 10707. Repealed. Pub. L. 103-206, title IV, Sec. 420(a), Dec.
      20, 1993, 107 Stat. 2438].
      Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 573, related to
    delivery to district court of money, property, and wages of a
    deceased seaman.

-End-



-CITE-
    46 USC Sec. 10708                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 107 - EFFECTS OF DECEASED SEAMEN

-HEAD-
    Sec. 10708. Sale of property

-STATUTE-
      A district court of the United States may direct the sale of any
    part of the property of a deceased seaman. Proceeds of the sale
    shall be held as wages of the seaman are held.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 574.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10708                                 46:628                        
    --------------------------------------------------------------------

      Section 10708 permits a district court to sell a deceased
    seaman's property and treat the proceeds as wages.

-End-



-CITE-
    46 USC Sec. 10709                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 107 - EFFECTS OF DECEASED SEAMEN

-HEAD-
    Sec. 10709. Distribution

-STATUTE-
      (a)(1) If the money, property, and wages of a seaman, including
    proceeds from the sale of property, are not more than $1,500 in
    value, the court, subject to deductions it allows for expenses and
    at least 60 days after receiving the money, property, and wages,
    may deliver the money, property, and wages to a claimant proving to
    be - 
        (A) the seaman's surviving spouse or child;
        (B) entitled to the money, property, and wages under the
      seaman's will or under a law or at common law; or
        (C) entitled to secure probate, or take out letters of
      administration, although no probate or letters of administration
      have been issued.

      (2) The court is released from further liability for the money,
    property, and wages distributed under paragraph (1) of this
    subsection.
      (3) Instead of acting under paragraphs (1) and (2) of this
    subsection, the court may require probate or letters of
    administration to be taken out, and then deliver the money,
    property, and wages to the legal representative of the seaman.
      (b) If the money, property, and wages are more than $1,500 in
    value, the court, subject to deductions for expenses, shall deliver
    the money, property, and wages to the legal representative of the
    seaman.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 574; Pub. L. 99-307, Sec.
    1(15), May 19, 1986, 100 Stat. 446.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10709                                 46:627                        
    --------------------------------------------------------------------

      Section 10709 instructs a district court to deliver a deceased
    seaman's property and wages to the proper claimant or legal
    representative. It also discharges the court from liability.

                                AMENDMENTS                            
      1986 - Subsec. (a)(1). Pub. L. 99-307, in text preceding cl. (A),
    substituted "than $1,500 in value, the court," for "then $1,500 in
    value, and" and "wages, may" for "wages, the court may".

-End-



-CITE-
    46 USC Sec. 10710                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 107 - EFFECTS OF DECEASED SEAMEN

-HEAD-
    Sec. 10710. Unclaimed money, property, and wages

-STATUTE-
      (a) When a claim for the money, property, or wages of a deceased
    seaman held by a district court of the United States has not been
    substantiated within 6 years after their receipt by the court, the
    court, if a subsequent claim is made, may allow or refuse the
    claim.
      (b) If, after money, property, and wages have been held by the
    court for 6 years, it appears to the court that no claim will have
    to be satisfied, the property shall be sold. The money and wages
    and the proceeds from the sale shall be deposited in the Treasury
    trust fund receipt account "Unclaimed Moneys of Individuals Whose
    Whereabouts are Unknown".

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 574.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10710                                 46:628                        
    --------------------------------------------------------------------

      Section 10710 provides that if no claim is made to a deceased
    seaman's property and wages within six years, the court shall sell
    the property and deposit the proceeds into the Treasury trust fund
    receipt account "Unclaimed Moneys of Individuals Whose Whereabouts
    are Unknown".

-End-



-CITE-
    46 USC Sec. 10711                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 107 - EFFECTS OF DECEASED SEAMEN

-HEAD-
    Sec. 10711. Penalties

-STATUTE-
      An owner or master violating this chapter are each liable to the
    United States Government for a civil penalty of 3 times the value
    of the seaman's money, property, and wages involved or, if the
    value is not determined, of $200.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 574.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10711                                 46:623                        
    --------------------------------------------------------------------

      Section 10711 provides penalties for masters and owners violating
    this chapter.

-End-


-CITE-
    46 USC CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS         01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-
               CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS           

-MISC1-
    Sec.                                                     
    10901.      Application.                                          
    10902.      Complaints of unfitness.                              
    10903.      Proceedings on examination of vessel.                 
    10904.      Refusal to proceed.                                   
    10905.      Complaints in foreign ports.                          
    10906.      Discharge of crew for unsuitability.                  
    10907.      Permission to make complaint.                         
    10908.      Penalty for sending unseaworthy vessel to sea.        

-End-



-CITE-
    46 USC Sec. 10901                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-
    Sec. 10901. Application

-STATUTE-
      This chapter applies to a vessel of the United States except a
    fishing or whaling vessel or a yacht.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 575.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10901                                 46:653                        
                                          46:654                        
                                          46:655                        
                                          46:656                        
                                          46:658                        
    --------------------------------------------------------------------

      Section 10901 provides that chapter 109 applies to all vessels of
    the United States except fishing vessels, whaling vessels or
    yachts.

-End-



-CITE-
    46 USC Sec. 10902                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-
    Sec. 10902. Complaints of unfitness

-STATUTE-
      (a)(1) If the chief and second mates or a majority of the crew of
    a vessel ready to begin a voyage discover, before the vessel leaves
    harbor, that the vessel is unfit as to crew, hull, equipment,
    tackle, machinery, apparel, furniture, provisions of food or water,
    or stores to proceed on the intended voyage and require the
    unfitness to be inquired into, the master immediately shall apply
    to the district court of the United States at the place at which
    the vessel is located, or, if no court is being held at the place
    at which the vessel is located, to a judge or justice of the peace,
    for the appointment of surveyors. At least 2 complaining seamen
    shall accompany the master to the judge or justice of the peace.
      (2) A master failing to comply with this subsection is liable to
    the United States Government for a civil penalty of $500.
      (b)(1) Any 3 seamen of a vessel may complain that the provisions
    of food or water for the crew are, at any time, of bad quality,
    unfit for use, or deficient in quantity. The complaint may be made
    to the Secretary, commanding officer of a United States naval
    vessel, consular officer, or chief official of the Customs Service.
      (2) The Secretary, officer, or official shall examine, or have
    examined, the provisions of food or water. If the provisions are
    found to be of bad quality, unfit for use, or deficient in
    quantity, the person making the findings shall certify to the
    master of the vessel which provisions are of bad quality, unfit for
    use, or deficient.
      (3) The Secretary, officer, or official to whom the complaint was
    made shall - 
        (A) make an entry in the official logbook of the vessel on the
      results of the examination; and
        (B) submit a report on the examination to the district court of
      the United States at which the vessel is to arrive, with the
      report being admissible into evidence in any legal proceeding.

      (4) The master is liable to the Government for a civil penalty of
    not more than $100 each time the master, on receiving the
    certification referred to in paragraph (2) of this subsection - 
        (A) does not provide other proper provisions of food or water,
      when available, in place of the provisions certified as of bad
      quality or unfit for use;
        (B) does not obtain sufficient provisions when the
      certification includes a finding of a deficiency in quantity; or
        (C) uses provisions certified to be of bad quality or unfit for
      use.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 575; Pub. L. 103-206, title
    IV, Sec. 422(b), Dec. 20, 1993, 107 Stat. 2439.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10902(a)                              46:653                        
    10902(b)                              46:662                        
    --------------------------------------------------------------------

      Section 10902 instructs the crew on making complaints of
    unfitness of vessel with regard to equipment and provisions, and
    instructs the master on responding to those complaints, and
    provides a penalty for violations.

                                AMENDMENTS                            
      1993 - Subsec. (b)(1). Pub. L. 103-206, Sec. 422(b)(1), inserted
    "Secretary," after "The complaint may be made to the" and struck
    out "Coast Guard shipping commissioner," after "consular officer,".
      Subsec. (b)(2), (3). Pub. L. 103-206, Sec. 422(b)(2), substituted
    "The Secretary, officer," for "The officer, commissioner,".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 10903                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-
    Sec. 10903. Proceedings on examination of vessel

-STATUTE-
      (a) On application made under section 10902(a) of this title, the
    judge or justice of the peace shall appoint 3 experienced and
    skilled marine surveyors to examine the vessel for the defects or
    insufficiencies complained of. The surveyors have the authority to
    receive and consider evidence necessary to evaluate the complaint.
    When the complaint involves provisions of food or water, one of the
    surveyors shall be a medical officer of the Public Health Service,
    if available. The surveyors shall make a report in writing, signed
    by at least 2 of them, stating whether the vessel is fit to proceed
    to sea or, if not, in what respect it is unfit, making appropriate
    recommendations about additional seamen, provisions, or stores, or
    about physical repairs, alterations, or additions necessary to make
    the vessel fit.
      (b) On receiving the report, the judge or justice of the peace
    shall endorse on the report the judgment of the judge or justice on
    whether the vessel is fit to proceed on the voyage, and, if not,
    whether the vessel may proceed to another port at which the
    deficiencies can be corrected. The master and the crew shall comply
    with the judgment.
      (c) The master shall pay all costs of the survey, report, and
    judgment. However, if the complaint of the crew appears in the
    report and judgment to have been without foundation, or if the
    complaint involved provisions of food or water, without reasonable
    grounds, the master or owner may deduct the amount of the costs and
    reasonable damages for the detention of the vessel, as determined
    by the judge or justice of the peace, from the wages of the
    complaining seamen.
      (d) A master of a vessel violating this section who refuses to
    pay the costs and wages is liable to the United States Government
    for a civil penalty of $100 and is liable in damages to each person
    injured by the refusal.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 575.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10903(a), (b)                         46:654                        
    10903(c)                              46:659                        
    10903(d)                              46:660                        
    --------------------------------------------------------------------

      Section 10903 provides for marine surveyors appointed by a judge
    or justice of the peace to inspect a vessel on which a complaint of
    unfitness was made, for a judge or justice of the peace to judge
    the fitness based on the findings, and for the payment of costs of
    the inspection by the master or the crew. It also includes a
    penalty for noncompliance.

-End-



-CITE-
    46 USC Sec. 10904                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-
    Sec. 10904. Refusal to proceed

-STATUTE-
      After a judgment under section 10903 of this title that a vessel
    is fit to proceed on the intended voyage, or after the order of a
    judgment to make up deficiencies is complied with, if a seaman does
    not proceed on the voyage, the unpaid wages of the seaman are
    forfeited.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 576.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10904                                 46:655                        
    --------------------------------------------------------------------

      Section 10904 provides that if a vessel is found fit to proceed
    by a judge or justice of the peace and a seaman refuses to proceed,
    the seaman shall forfeit any unpaid wages.

-End-



-CITE-
    46 USC Sec. 10905                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-
    Sec. 10905. Complaints in foreign ports

-STATUTE-
      (a) When a complaint under section 10902(a) of this title is made
    in a foreign port, the procedures of this chapter shall be
    followed, with a consular officer performing the duties of the
    judge or justice of the peace.
      (b) On review of the marine surveyors' report, the consular
    officer may approve and must certify any part of the report with
    which the officer agrees. If the consular officer dissents from any
    part of the report, the officer shall certify reasons for
    dissenting from that part.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 576.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10905                                 46:656                        
                                          46:657                        
    --------------------------------------------------------------------

      Section 10905 provides that if a complaint of unfitness is made
    in a foreign port, a consular officer shall perform the duties of a
    judge or justice of the peace.

-End-



-CITE-
    46 USC Sec. 10906                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-
    Sec. 10906. Discharge of crew for unsuitability

-STATUTE-
      When a survey is made at a foreign port, the surveyors shall
    state in the report whether, in their opinion, the vessel had been
    sent to sea unsuitably provided in any important particular, by
    neglect or design or through mistake or accident. If by neglect or
    design, and the consular officer approves the finding, the officer
    shall discharge a seaman requesting discharge and shall require the
    master to pay one month's wages to that seaman in addition to wages
    then due, or sufficient money for the return of the seaman to the
    nearest and most convenient port of the United States, whichever is
    the greater amount.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 576.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10906                                 46:658                        
    --------------------------------------------------------------------

      Section 10906 provides that if a consular officer finds that a
    vessel has been sent to sea in an unsuitable state, a crew member
    requesting discharge must be paid one month's additional wages and
    passage to the United States.

-End-



-CITE-
    46 USC Sec. 10907                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-
    Sec. 10907. Permission to make complaint

-STATUTE-
      (a) A master may not refuse to permit, deny the opportunity to,
    or hinder a seaman who wishes to make a complaint authorized by
    this chapter.
      (b) A master violating this section is liable to the United
    States Government for civil penalty of $500.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 577.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10907                                 46:653                        
                                          46:664                        
    --------------------------------------------------------------------

      Section 10907 prohibits a master from hindering a seaman from
    making a complaint authorized by this chapter and subjects the
    master to a fine for violation of this section.

-End-



-CITE-
    46 USC Sec. 10908                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-
    Sec. 10908. Penalty for sending unseaworthy vessel to sea

-STATUTE-
      A person that knowingly sends or attempts to send, or that is a
    party to sending or attempting to send, a vessel of the United
    States to sea, in an unseaworthy state that is likely to endanger
    the life of an individual, shall be fined not more than $1,000,
    imprisoned for not more than 5 years, or both.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 577.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    10908                                 46:658                        
    --------------------------------------------------------------------

      Section 10908 provides a penalty for a person knowingly sending
    or attempting to send an unseaworthy vessel to sea.

-End-


-CITE-
    46 USC CHAPTER 111 - PROTECTION AND RELIEF                  01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
                    CHAPTER 111 - PROTECTION AND RELIEF                

-MISC1-
    Sec.                                                     
    11101.      Accommodations for seamen.                            
    11102.      Medicine chests.                                      
    11103.      Slop chests.                                          
    11104.      Destitute seamen.                                     
    11105.      Wages on discharge when vessel sold.                  
    11106.      Wages on justifiable complaint of seamen.             
    11107.      Unlawful engagements void.                            
    11108.      Taxes.                                                
    11109.      Attachment of wages.                                  
    11110.      Seamen's clothing.                                    
    11111.      Limit on amount recoverable on voyage.                
    11112.      Master's lien for wages.                              

                                AMENDMENTS                            
      1986 - Pub. L. 99-307, Sec. 1(19)(A), May 19, 1986, 100 Stat.
    446, added item 11112.

-End-



-CITE-
    46 USC Sec. 11101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
    Sec. 11101. Accommodations for seamen

-STATUTE-
      (a) On a merchant vessel of the United States the construction of
    which began after March 4, 1915 (except a yacht, pilot vessel, or
    vessel of less than 100 gross tons as measured under section 14502
    of this title, or an alternate tonnage measured under section 14302
    of this title as prescribed by the Secretary under section 14104 of
    this title) - 
        (1) each place appropriated to the crew of the vessel shall
      have a space of at least 120 cubic feet and at least 16 square
      feet, measured on the floor or deck of that place, for each
      seaman or apprentice lodged in the vessel;
        (2) each seaman shall have a separate berth and not more than
      one berth shall be placed one above another;
        (3) the place or berth shall be securely constructed, properly
      lighted, drained, heated, and ventilated, properly protected from
      weather and sea, and, as far as practicable, properly shut off
      and protected from the effluvium of cargo or bilge water; and
        (4) crew space shall be kept free from goods or stores that are
      not the personal property of the crew occupying the place in use
      during the voyage.

      (b) In addition to the requirements of subsection (a) of this
    section, a merchant vessel of the United States that in the
    ordinary course of trade makes a voyage of more than 3 days'
    duration between ports and carries a crew of at least 12 seamen
    shall have a hospital compartment, suitably separated from other
    spaces. The compartment shall have at least one bunk for each 12
    seamen constituting the crew (but not more than 6 bunks may be
    required).
      (c) A steam vessel of the United States operating on the
    Mississippi River or its tributaries shall provide, under the
    direction and approval of the Secretary, an appropriate place for
    the crew that shall conform to the requirements of this section, as
    far as they apply to the steam vessel, by providing a properly
    heated sleeping room in the engineroom of the steam vessel properly
    protected from the cold, wind, and rain by means of suitable
    awnings or screens on either side of the guards or sides and
    forward, reaching from the boiler deck to the lower or main deck.
      (d) A merchant vessel of the United States, the construction of
    which began after March 4, 1915, having more than 10 seamen on
    deck, shall have at least one lighted, clean, and properly heated
    and ventilated washing place. There shall be provided at least one
    washing outfit for each 2 seamen of the watch. A separate washing
    place shall be provided for the fireroom and engineroom seamen, if
    their number is more than 10, that shall be large enough to
    accommodate at least one-sixth of them at the same time, and have a
    hot and cold water supply and a sufficient number of washbasins,
    sinks, and shower baths.
      (e) Forecastles shall be fumigated at intervals provided by
    regulations prescribed by the Secretary of Health and Human
    Services, with the approval of the Secretary, and shall have at
    least 2 exits, one of which may be used in emergencies.
      (f) The owner, charterer, managing operator, agent, master, or
    licensed individual of a vessel not complying with this section is
    liable to the United States Government for a civil penalty of at
    least $50 but not more than $500.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 577; Pub. L. 99-36, Sec.
    1(a)(6), May 15, 1985, 99 Stat. 67; Pub. L. 104-324, title VII,
    Sec. 740, Oct. 19, 1996, 110 Stat. 3942.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11101                                 46:660-1                      
    --------------------------------------------------------------------

      Section 11101 provides mandatory standards for crew
    accommodations and a penalty for noncompliance with those
    standards.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-324 inserted "as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title" after "100 gross tons" in introductory
    provisions.
      1985 - Subsec. (d). Pub. L. 99-36 substituted "lighted" for
    "light".

-End-



-CITE-
    46 USC Sec. 11102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
    Sec. 11102. Medicine chests

-STATUTE-
      (a) A vessel of the United States on a voyage from a port in the
    United States to a foreign port (except to a Canadian port), and a
    vessel of the United States of at least 75 gross tons as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title on a voyage between a port of the
    United States on the Atlantic Ocean and Pacific Ocean, shall be
    provided with a medicine chest.
      (b) The owner and master of a vessel not equipped as required by
    subsection (a) of this section or a regulation prescribed under
    subsection (a) are liable to the United States Government for a
    civil penalty of $500. If the offense was due to the fault of the
    owner, a master penalized under this section has the right to
    recover the penalty and costs from the owner.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 578; Pub. L. 104-324, title
    VII, Sec. 741, Oct. 19, 1996, 110 Stat. 3942.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11102(a)                              46:666                        
    11102(b)                              46:667                        
    --------------------------------------------------------------------

      Section 11102 requires that a United States vessel on a foreign
    or intercoastal domestic voyage be equipped with a medicine chest,
    and provides a penalty for noncompliance. The Committee intends
    that regulation will provide for a well stocked medicine chest
    adequate for the crew of a vessel.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-324 inserted "as measured under
    section 14502 of this title, or an alternate tonnage measured under
    section 14302 of this title as prescribed by the Secretary under
    section 14104 of this title" after "75 gross tons".

-End-



-CITE-
    46 USC Sec. 11103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
    Sec. 11103. Slop chests

-STATUTE-
      (a) A vessel to which section 11102 of this title applies shall
    be provided with a slop chest containing sufficient clothing for
    the intended voyage for each seaman, including - 
        (1) boots or shoes;
        (2) hats or caps;
        (3) underclothing;
        (4) outer clothing;
        (5) foul weather clothing;
        (6) everything necessary for the wear of a seaman; and
        (7) a complete supply of tobacco and blankets.

      (b) Merchandise in the slop chest shall be sold to a seaman
    desiring it, for the use of the seaman, at a profit of not more
    than 10 percent of the reasonable wholesale value of the
    merchandise at the port at which the voyage began.
      (c) This section does not apply to a vessel on a voyage to
    Canada, Bermuda, the West Indies, Mexico, or Central America, or a
    fishing or whaling vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 578.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11103                                 46:670                        
                                          46:671                        
    --------------------------------------------------------------------

      Section 11103 requires that a United States vessel on a foreign
    or intercoastal domestic voyage be equipped with a slop chest and
    lists the items the slop chest must contain.

-End-



-CITE-
    46 USC Sec. 11104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
    Sec. 11104. Destitute seamen

-STATUTE-
      (a) A consular officer shall provide, for a destitute seaman of
    the United States, subsistence and passage to a port of the United
    States in the most reasonable manner, at the expense of the United
    States Government and subject to regulations prescribed by the
    Secretary of State. A seaman, if able, shall be required to perform
    duties on the vessel giving the seaman passage, in accordance with
    the seaman's rating.
      (b) A master of a vessel of the United States bound to a port of
    the United States shall take a destitute seaman on board at the
    request of a consular officer and transport the seaman to the
    United States. A master refusing to transport a destitute seaman
    when requested is liable to the United States Government for a
    civil penalty of $100. The certificate signed and sealed by a
    consular officer is prima facie evidence of refusal. A master is
    not required to carry a destitute seaman if the seaman's presence
    would cause the number of individuals on board to exceed the number
    permitted in the certificate of inspection or if the seaman has a
    contagious disease.
      (c) Compensation for the transportation of destitute seamen to
    the United States who are unable to work shall be agreed on by the
    master and the consular officer, under regulations prescribed by
    the Secretary of State. However, the compensation may be not more
    than the lowest passenger rate of the vessel, or 2 cents a mile,
    whichever is less.
      (d) When a master of a vessel of the United States takes on board
    a destitute seaman unable to work, from a port or place not having
    a consular officer, for transportation to the United States or to a
    port at which there is a consular officer, the master or owner of
    the vessel shall be compensated reasonably under regulations
    prescribed by the Secretary of State.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 578.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11104(a)                              46:678                        
    11104(b)-(d)                          46:679                        
    --------------------------------------------------------------------

      Section 11104 provides for the return to the United States of
    destitute seamen of the United States at the expense of the United
    States Government.

-End-



-CITE-
    46 USC Sec. 11105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
    Sec. 11105. Wages on discharge when vessel sold

-STATUTE-
      (a) When a vessel of the United States is sold in a foreign
    country, the master shall deliver to the consular officer a
    certified crew list and the agreement required by this part. The
    master shall pay each seaman the wages due the seaman and provide
    the seaman with employment on board another vessel of the United
    States bound for the port of original engagement of the seaman or
    to another port agreed on. If employment cannot be provided, the
    master shall - 
        (1) provide the seaman with the means to return to the port of
      original engagement;
        (2) provide the seaman passage to the port of original
      engagement; or
        (3) deposit with the consular officer an amount of money
      considered sufficient by the officer to provide the seaman with
      maintenance and passage home.

      (b) The consular officer shall endorse on the agreement the
    particulars of the payment, provision, or deposit made under this
    section.
      (c) An owner of a vessel is liable to the United States
    Government for a civil penalty of $500 if the master does not
    comply with this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 579.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11105                                 46:684                        
    --------------------------------------------------------------------

      Section 11105 provides that when a United States vessel is sold
    in a foreign port, the seamen must be provided employment on
    another vessel, or passage to the port of original shipment.

-End-



-CITE-
    46 USC Sec. 11106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
    Sec. 11106. Wages on justifiable complaint of seamen

-STATUTE-
      (a) Before a seaman on a vessel of the United States is
    discharged in a foreign country by a consular officer on the
    seaman's complaint that the agreement required by this part has
    been breached because the vessel is badly provisioned or
    unseaworthy, or against the officers for cruel treatment, the
    officer shall inquire about the complaint. If satisfied of the
    justice of the complaint, the consular officer shall require the
    master to pay the wages due the seaman plus one month's additional
    wages and shall discharge the seaman. The master shall provide the
    seaman with employment on another vessel or provide the seaman with
    passage on another vessel to the port of original engagement, to
    the most convenient port of the United States, or to some port
    agreeable to the seaman.
      (b) When a vessel does not have sufficient provisions for the
    intended voyage, and the seaman has been forced to accept a reduced
    ration or provisions that are bad in quality or unfit for use, the
    seaman is entitled to recover from the master or owner an
    allowance, as additional wages, that the court hearing the case
    considers reasonable.
      (c) Subsection (b) of this section does not apply when the
    reduction in rations was for a period during which the seaman
    willfully and without sufficient cause failed to perform duties or
    was lawfully under confinement on board or on shore for misconduct,
    unless that reduction can be shown to have been unreasonable.
      (d) Subsection (b) of this section does not apply to a fishing or
    whaling vessel or a yacht.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 579.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11106(a)                              46:685                        
    11106(b)-(d)                          46:665                        
    --------------------------------------------------------------------

      Section 11106 provides compensation to seamen on United States
    vessels when a shipping agreement is breached. It does not apply to
    fishing vessels, whaling vessels or yachts.

-End-



-CITE-
    46 USC Sec. 11107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
    Sec. 11107. Unlawful engagements void

-STATUTE-
      An engagement of a seaman contrary to a law of the United States
    is void. A seaman so engaged may leave the service of the vessel at
    any time and is entitled to recover the highest rate of wages at
    the port from which the seaman was engaged or the amount agreed to
    be given the seaman at the time of engagement, whichever is higher.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 580.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11107                                 46:578                        
    --------------------------------------------------------------------

      Section 11107 entitles seamen engaged contrary to any United
    States law to leave the service of the vessel without loss of
    wages.

-End-



-CITE-
    46 USC Sec. 11108                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
    Sec. 11108. Taxes

-STATUTE-
      (a) Withholding. - Wages due or accruing to a master or seaman on
    a vessel in the foreign, coastwise, intercoastal, interstate, or
    noncontiguous trade or an individual employed on a fishing vessel
    or any fish processing vessel may not be withheld under the tax
    laws of a State or a political subdivision of a State. However,
    this section does not prohibit withholding wages of a seaman on a
    vessel in the coastwise trade between ports in the same State if
    the withholding is under a voluntary agreement between the seaman
    and the employer of the seaman.
      (b) Liability. - 
        (1) Limitation on jurisdiction to tax. - An individual to whom
      this subsection applies is not subject to the income tax laws of
      a State or political subdivision of a State, other than the State
      and political subdivision in which the individual resides, with
      respect to compensation for the performance of duties described
      in paragraph (2).
        (2) Application. - This subsection applies to an individual - 
          (A) engaged on a vessel to perform assigned duties in more
        than one State as a pilot licensed under section 7101 of this
        title or licensed or authorized under the laws of a State; or
          (B) who performs regularly-assigned duties while engaged as a
        master, officer, or crewman on a vessel operating on the
        navigable waters of more than one State.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 580; Pub. L. 98-364, title
    IV, Sec. 402(14), July 17, 1984, 98 Stat. 450; Pub. L. 106-489,
    Sec. 1, Nov. 9, 2000, 114 Stat. 2207.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11108                                 46:601                        
    --------------------------------------------------------------------

      Section 11108 prohibits the mandatory withholding of state or
    local taxes from crewmembers on certain specified vessels. It
    permits, however, voluntary withholding agreements.

                                AMENDMENTS                            
      2000 - Pub. L. 106-489 designated existing provisions as subsec.
    (a), inserted heading, and added subsec. (b).
      1984 - Pub. L. 98-364 substituted "an individual employed on a
    fishing vessel or any fish processing vessel" for "a fisherman
    employed on a fishing vessel".

-End-



-CITE-
    46 USC Sec. 11109                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
    Sec. 11109. Attachment of wages

-STATUTE-
      (a) Wages due or accruing to a master or seaman are not subject
    to attachment or arrestment from any court, except for an order of
    a court about the payment by a master or seaman of any part of the
    master's or seaman's wages for the support and maintenance of the
    spouse or minor children of the master or seaman, or both. A
    payment of wages to a master or seaman is valid, notwithstanding
    any prior sale or assignment of wages or any attachment,
    encumbrance, or arrestment of the wages.
      (b) An assignment or sale of wages or salvage made before the
    payment of wages does not bind the party making it, except
    allotments authorized by section 10315 of this title.
      (c) This section applies to an individual employed on a fishing
    vessel or any fish processing vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 580; Pub. L. 98-364, title
    IV, Sec. 402(15), July 17, 1984, 98 Stat. 450.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11109                                 46:601                        
    --------------------------------------------------------------------

      Section 11109 limits the attachment of a seaman's wages and
    establishes certain rules for the assignment of a seaman's wages.
    It also applies to fishermen on fishing vessels.

                                AMENDMENTS                            
      1984 - Subsec. (c). Pub. L. 98-364 substituted "an individual
    employed on a fishing vessel or any fish processing vessel" for "a
    fisherman on a fishing vessel".

-End-



-CITE-
    46 USC Sec. 11110                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
    Sec. 11110. Seamen's clothing

-STATUTE-
      The clothing of a seaman is exempt from attachments and liens. A
    person detaining a seaman's clothing shall be fined not more than
    $500, imprisoned for not more than 6 months, or both.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 580.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11110                                 46:563                        
    --------------------------------------------------------------------

      Section 11110 exempts seamen's clothing from attachments and
    liens. It also provides a penalty for violations.

-End-



-CITE-
    46 USC Sec. 11111                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
    Sec. 11111. Limit on amount recoverable on voyage

-STATUTE-
      When a seaman is on a voyage on which a written agreement is
    required under this part, not more than $1 is recoverable from the
    seaman by a person for a debt incurred by the seaman during the
    voyage for which the seaman is signed on until the voyage is ended.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 581.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11111                                 46:602                        
    --------------------------------------------------------------------

      Section 11111 limits the amount of money recoverable from a
    seaman for a debt incurred while on a voyage on which a shipping
    agreement is required.

-End-



-CITE-
    46 USC Sec. 11112                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-
    Sec. 11112. Master's lien for wages

-STATUTE-
      The master of a documented vessel has the same lien against the
    vessel for the master's wages and the same priority as any other
    seaman serving on the vessel.

-SOURCE-
    (Added Pub. L. 99-307, Sec. 1(19)(B), May 19, 1986, 100 Stat. 446.)

-End-


-CITE-
    46 USC CHAPTER 112 - MERCHANT MARINER BENEFITS              01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 112 - MERCHANT MARINER BENEFITS

-HEAD-
                  CHAPTER 112 - MERCHANT MARINER BENEFITS              

-MISC1-
    Sec.                                                     
    11201.      Eligibility for veterans' burial and cemetery
                 benefits.                                            
    11202.      Qualified service.                                    
    11203.      Documentation of qualified service.                   
    11204.      Processing fees.                                      

-End-



-CITE-
    46 USC Sec. 11201                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 112 - MERCHANT MARINER BENEFITS

-HEAD-
    Sec. 11201. Eligibility for veterans' burial and cemetery benefits

-STATUTE-
      (a) Eligibility. - 
        (1) In general. - The qualified service of a person referred to
      in paragraph (2) shall be considered to be active duty in the
      Armed Forces during a period of war for purposes of eligibility
      for benefits under the following provisions of title 38:
          (A) Chapter 23 (relating to burial benefits).
          (B) Chapter 24 (relating to interment in national
        cemeteries).

        (2) Covered individuals. - Paragraph (1) applies to a person
      who - 
          (A) receives an honorable service certificate under section
        11203 of this title; and
          (B) is not eligible under any other provision of law for
        benefits under laws administered by the Secretary of Veterans
        Affairs.

      (b) Reimbursement for Benefits Provided. - The Secretary shall
    reimburse the Secretary of Veterans Affairs for the value of
    benefits that the Secretary of Veterans Affairs provides for a
    person by reason of eligibility under this section.
      (c) Applicability. - 
        (1) General rule. - Benefits may be provided under the
      provisions of law referred to in subsection (a)(1) by reason of
      this chapter only for deaths occurring after the date of the
      enactment of this chapter.
        (2) Burials, etc. in national cemeteries. - Notwithstanding
      paragraph (1), in the case of an initial burial or columbarium
      placement after the date of the enactment of this chapter,
      benefits may be provided under chapter 24 of title 38 by reason
      of this chapter (regardless of the date of death), and in such a
      case benefits may be provided under section 2306 of such title.

-SOURCE-
    (Added Pub. L. 105-368, title IV, Sec. 402(a), Nov. 11, 1998, 112
    Stat. 3336.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of this chapter, referred to in subsec.
    (c), is the date of enactment of Pub. L. 105-368, which was
    approved Nov. 11, 1998.

-End-



-CITE-
    46 USC Sec. 11202                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 112 - MERCHANT MARINER BENEFITS

-HEAD-
    Sec. 11202. Qualified service

-STATUTE-
      For purposes of this chapter, a person shall be considered to
    have engaged in qualified service if, between August 16, 1945, and
    December 31, 1946, the person - 
        (1) was a member of the United States merchant marine
      (including the Army Transport Service and the Naval Transport
      Service) serving as a crewmember of a vessel that was - 
          (A) operated by the War Shipping Administration or the Office
        of Defense Transportation (or an agent of the Administration or
        Office);
          (B) operated in waters other than inland waters, the Great
        Lakes, and other lakes, bays, and harbors of the United States;
          (C) under contract or charter to, or property of, the
        Government of the United States; and
          (D) serving the Armed Forces; and

        (2) while so serving, was licensed or otherwise documented for
      service as a crewmember of such a vessel by an officer or
      employee of the United States authorized to license or document
      the person for such service.

-SOURCE-
    (Added Pub. L. 105-368, title IV, Sec. 402(a), Nov. 11, 1998, 112
    Stat. 3336.)

-End-



-CITE-
    46 USC Sec. 11203                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 112 - MERCHANT MARINER BENEFITS

-HEAD-
    Sec. 11203. Documentation of qualified service

-STATUTE-
      (a) Record of Service. - The Secretary, or in the case of
    personnel of the Army Transport Service or the Naval Transport
    Service, the Secretary of Defense, shall, upon application - 
        (1) issue a certificate of honorable service to a person who,
      as determined by that Secretary, engaged in qualified service of
      a nature and duration that warrants issuance of the certificate;
      and
        (2) correct, or request the appropriate official of the Federal
      Government to correct, the service records of that person to the
      extent necessary to reflect the qualified service and the
      issuance of the certificate of honorable service.

      (b) Timing of Documentation. - A Secretary receiving an
    application under subsection (a) shall act on the application not
    later than 1 year after the date of that receipt.
      (c) Standards Relating to Service. - In making a determination
    under subsection (a)(1), the Secretary acting on the application
    shall apply the same standards relating to the nature and duration
    of service that apply to the issuance of honorable discharges under
    section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38
    U.S.C. 106 note).
      (d) Correction of Records. - An official who is requested under
    subsection (a)(2) to correct the service records of a person shall
    make such correction.

-SOURCE-
    (Added Pub. L. 105-368, title IV, Sec. 402(a), Nov. 11, 1998, 112
    Stat. 3337.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 401(a)(1)(B) of the GI Bill Improvement Act of 1977,
    referred to in subsec. (c), is section 401(a)(1)(B) of Pub. L. 95-
    202, which is set out as a note under section 106 of Title 38,
    Veterans' Benefits.

-End-



-CITE-
    46 USC Sec. 11204                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 112 - MERCHANT MARINER BENEFITS

-HEAD-
    Sec. 11204. Processing fees

-STATUTE-
      (a) Collection of Fees. - The Secretary, or in the case of
    personnel of the Army Transport Service or the Naval Transport
    Service, the Secretary of Defense, shall collect a fee of $30 from
    each applicant for processing an application submitted under
    section 11203(a) of this title.
      (b) Treatment of Fees Collected. - Amounts received by the
    Secretary under this section shall be deposited in the General Fund
    of the Treasury as offsetting receipts of the department in which
    the Coast Guard is operating and ascribed to Coast Guard
    activities. Amounts received by the Secretary of Defense under this
    section shall be deposited in the General Fund of the Treasury as
    offsetting receipts of the Department of Defense. In either case,
    such amounts shall be available, subject to appropriation, for the
    administrative costs of processing applications under section 11203
    of this title.

-SOURCE-
    (Added Pub. L. 105-368, title IV, Sec. 402(a), Nov. 11, 1998, 112
    Stat. 3337.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-


-CITE-
    46 USC CHAPTER 113 - OFFICIAL LOGBOOKS                      01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 113 - OFFICIAL LOGBOOKS

-HEAD-
                      CHAPTER 113 - OFFICIAL LOGBOOKS                  

-MISC1-
    Sec.                                                     
    11301.      Logbook and entry requirements.                       
    11302.      Manner of making entries.                             
    11303.      Penalties.                                            

-End-



-CITE-
    46 USC Sec. 11301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 113 - OFFICIAL LOGBOOKS

-HEAD-
    Sec. 11301. Logbook and entry requirements

-STATUTE-
      (a) Except a vessel on a voyage from a port in the United States
    to a port in Canada, a vessel of the United States shall have an
    official logbook if the vessel is - 
        (1) on a voyage from a port in the United States to a foreign
      port; or
        (2) of at least 100 gross tons as measured under section 14502
      of this title, or an alternate tonnage measured under section
      14302 of this title as prescribed by the Secretary under section
      14104 of this title and is on a voyage between a port of the
      United States on the Atlantic Ocean and on the Pacific Ocean.

      (b) The master of the vessel shall make or have made in the
    official logbook the following entries:
        (1) each legal conviction of a seaman of the vessel and the
      punishment inflicted.
        (2) each offense committed by a seaman of the vessel for which
      it is intended to prosecute or to enforce under a forfeiture,
      together with statements about reading the entry and the reply
      made to the charge as required by section 11502 of this title.
        (3) each offense for which punishment is inflicted on board and
      the punishment inflicted.
        (4) a statement of the conduct, character, and qualifications
      of each seaman of the vessel or a statement that the master
      declines to give an opinion about that conduct, character, and
      qualifications.
        (5) each illness of or injury to a seaman of the vessel, the
      nature of the illness or injury, and the medical treatment.
        (6) each death on board, with the cause of death, and if a
      seaman, the information required by section 10702 of this title.
        (7) each birth on board, with the sex of the infant and name of
      the parents.
        (8) each marriage on board, with the names and ages of the
      parties.
        (9) the name of each seaman who ceases to be a crewmember
      (except by death), with the place, time, manner, and the cause
      why the seaman ceased to be a crewmember.
        (10) the wages due to a seaman who dies during the voyage and
      the gross amount of all deductions to be made from the wages.
        (11) the sale of the property of a seaman who dies during the
      voyage, including a statement of each article sold and the amount
      received for the property.
        (12) when a marine casualty occurs, a statement about the
      casualty and the circumstances under which it occurred, made
      immediately after the casualty when practicable to do so.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 581; Pub. L. 98-557, Sec.
    30, Oct. 30, 1984, 98 Stat. 2875; Pub. L. 104-324, title VII, Sec.
    742, Oct. 19, 1996, 110 Stat. 3942.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11301                                 46:201                        
    --------------------------------------------------------------------

      Section 11301 requires United States vessels on certain types of
    voyages to have an official logbook and lists the types of entries
    that must be made in the logbook.

                                AMENDMENTS                            
      1996 - Subsec. (a)(2). Pub. L. 104-324 inserted "as measured
    under section 14502 of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed by the Secretary
    under section 14104 of this title" after "100 gross tons".
      1984 - Subsec. (a). Pub. L. 98-557 amended subsec. (a) generally,
    which prior to amendment read as follows: "A vessel of the United
    States on a voyage between a port in the United States and a port
    in a foreign country, and a vessel of the United States of at least
    75 gross tons on a voyage between a port of the United States on
    the Atlantic Ocean and a port of the United States on the Pacific
    Ocean, shall have an official logbook."

-End-



-CITE-
    46 USC Sec. 11302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 113 - OFFICIAL LOGBOOKS

-HEAD-
    Sec. 11302. Manner of making entries

-STATUTE-
      Each entry made in the official logbook - 
        (1) shall be made as soon as possible after the occurrence;
        (2) if not made on the day of the occurrence, shall be dated
      and state the date of the occurrence;
        (3) if the entry is about an occurrence happening before the
      vessel's arrival at the final port of discharge, shall be made
      not later than 24 hours after the arrival;
        (4) shall be signed by the master; and
        (5) shall be signed by the chief mate or another seaman.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 581.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11302                                 46:202                        
    --------------------------------------------------------------------

      Section 11302 describes the manner in which entries shall be made
    in the logbook, specifying when they shall be made, who shall sign
    them, and requiring that they shall be dated.

-End-



-CITE-
    46 USC Sec. 11303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 113 - OFFICIAL LOGBOOKS

-HEAD-
    Sec. 11303. Penalties

-STATUTE-
      (a) A master failing to maintain an official logbook as required
    by this part is liable to the United States Government for a civil
    penalty of $200.
      (b) A master failing to make an entry in the vessel's official
    logbook as required by this part is liable to the Government for a
    civil penalty of $200.
      (c) A person is liable to the Government for a civil penalty of
    $150 when the person makes, procures to be made, or assists in
    making, an entry in the vessel's official logbook - 
        (1) later than 24 hours after the vessel's arrival at the final
      port of discharge; and
        (2) that is about an occurrence that happened before that
      arrival.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 582.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11303                                 46:203                        
    --------------------------------------------------------------------

      Section 11303 provides a penalty for violation of the provisions
    about logbooks in this part.

-End-


-CITE-
    46 USC CHAPTER 115 - OFFENSES AND PENALTIES                 01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-
                   CHAPTER 115 - OFFENSES AND PENALTIES               

-MISC1-
    Sec.                                                     
    11501.      Penalties for specified offenses.                     
    11502.      Entry of offenses in logbook.                         
    11503.      Duties of consular officers related to
                 insubordination.                                     
    11504.      Enforcement of forfeitures.                           
    11505.      Disposal of forfeitures.                              
    11506.      Carrying sheath knives.                               
    11507.      Surrender of offending officers.                      

-End-



-CITE-
    46 USC Sec. 11501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-
    Sec. 11501. Penalties for specified offenses

-STATUTE-
      When a seaman lawfully engaged commits any of the following
    offenses, the seaman shall be punished as specified:
        (1) For desertion, the seaman forfeits any part of the money or
      property the seaman leaves on board and any part of earned wages.
        (2) For neglecting or refusing without reasonable cause to join
      the seaman's vessel or to proceed to sea in the vessel, for
      absence without leave within 24 hours of the vessel's sailing
      from a port (at the beginning or during the voyage), or for
      absence without leave from duties and without sufficient reason,
      the seaman forfeits from the seaman's wages not more than 2 days'
      pay or a sufficient amount to defray expenses incurred in hiring
      a substitute.
        (3) For quitting the vessel without leave after the vessel's
      arrival at the port of delivery and before the vessel is placed
      in security, the seaman forfeits from the seaman's wages not more
      than one month's pay.
        (4) For willful disobedience to a lawful command at sea, the
      seaman, at the discretion of the master, may be confined until
      the disobedience ends, and on arrival in port forfeits from the
      seaman's wages not more than 4 days' pay or, at the discretion of
      the court, may be imprisoned for not more than one month.
        (5) For continued willful disobedience to lawful command or
      continued willful neglect of duty at sea, the seaman, at the
      discretion of the master, may be confined, on water and 1,000
      calories, with full rations every 5th day, until the disobedience
      ends, and on arrival in port forfeits, for each 24 hours'
      continuance of the disobedience or neglect, not more than 12
      days' pay or, at the discretion of the court, may be imprisoned
      for not more than 3 months.
        (6) For assaulting a master, mate, pilot, engineer, or staff
      officer, the seaman shall be imprisoned for not more than 2
      years.
        (7) For willfully damaging the vessel, or embezzling or
      willfully damaging any of the stores or cargo, the seaman
      forfeits from the seaman's wages the amount of the loss sustained
      and, at the discretion of the court, may be imprisoned for not
      more than 12 months.
        (8) For smuggling for which a seaman is convicted causing loss
      or damage to the owner or master, the seaman is liable to the
      owner or master for the loss or damage, and any part of the
      seaman's wages may be retained to satisfy the liability. The
      seaman also may be imprisoned for not more than 12 months.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 582.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11501                                 46:701                        
    --------------------------------------------------------------------

      Section 11501 provides penalties for specific offenses committed
    by seamen.

-End-



-CITE-
    46 USC Sec. 11502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-
    Sec. 11502. Entry of offenses in logbook

-STATUTE-
      (a) When an offense listed in section 11501 of this title is
    committed, an entry shall be made in the vessel's official logbook -
     
        (1) on the day of the offense;
        (2) stating the details;
        (3) signed by the master; and
        (4) signed by the chief mate or another seaman.

      (b) Before arrival in port if the offense was committed at sea,
    or before departure if the offense was committed in port and the
    offender is still on the vessel - 
        (1) the entry shall be read to the offender;
        (2) the offender shall be given a copy; and
        (3) the offender shall be given the opportunity to reply.

      (c) After subsection (b) of this section has been complied with,
    an entry shall be made in the official logbook - 
        (1) stating that the entry about the offense was read and a
      copy provided to the offender;
        (2) stating the offender's reply;
        (3) signed by the master; and
        (4) signed by the chief mate or another seaman.

      (d) In a subsequent legal proceeding, if the entries required by
    this section are not produced or proved, the court may refuse to
    receive evidence of the offense.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 583.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11502                                 46:702                        
    --------------------------------------------------------------------

      Section 11502 describes the manner in which offenses must be
    recorded in the official logbook, and the use of the records by the
    court.

-End-



-CITE-
    46 USC Sec. 11503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-
    Sec. 11503. Duties of consular officers related to insubordination

-STATUTE-
      (a) A consular officer shall use every means to discountenance
    insubordination on vessels of the United States, including
    employing the aid of local authorities.
      (b) When a seaman is accused of insubordination, a consular
    officer shall inquire into the facts and proceed as provided in
    section 11106 of this title. If the consular officer discharges the
    seaman, the officer shall endorse the agreement required by this
    part and enter in the vessel's official logbook the cause and
    particulars of the discharge.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 583.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11503                                 46:703                        
    --------------------------------------------------------------------

      Section 11503 delegates to consular officers certain
    responsibilities related to insubordination of seamen on United
    States vessels.

-End-



-CITE-
    46 USC Sec. 11504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-
    Sec. 11504. Enforcement of forfeitures

-STATUTE-
      When an offense by a seaman also is a criminal violation, it is
    not necessary that a criminal proceeding be brought to enforce a
    forfeiture.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 584.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11504                                 46:705                        
    --------------------------------------------------------------------

      Section 11504 provides that when a seaman has committed a
    criminal offense, a forfeiture may be enforced through civil
    proceedings.

-End-



-CITE-
    46 USC Sec. 11505                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-
    Sec. 11505. Disposal of forfeitures

-STATUTE-
      (a) Money, property, and wages forfeited under this chapter for
    desertion may be applied to compensate the owner or master of the
    vessel for expenses caused by the desertion. The balance shall be
    transferred to the appropriate district court of the United States
    when the voyage is completed.
      (b) If it appears to the district court that the forfeiture was
    imposed properly, the property transferred may be sold in the same
    manner prescribed for the disposition of the property of deceased
    seamen. The court shall deposit in the Treasury as miscellaneous
    receipts the proceeds of the sale and any money and wages
    transferred to the court.
      (c) When an owner or master fails to transfer the balance as
    required under subsection (a) of this section, the owner or master
    is liable to the United States Government for a civil penalty of 2
    times the amount of the balance, recoverable by the Secretary in
    the same manner that seaman's wages are recovered.
      (d) In all other cases of forfeiture of wages, the forfeiture
    shall be for the benefit of the owner of the vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 584; Pub. L. 103-206, title
    IV, Sec. 421, Dec. 20, 1993, 107 Stat. 2438.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11505                                 46:706                        
    --------------------------------------------------------------------

      Section 11505 provides for the disposal of wages forfeited by
    deserting seamen.

                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-206, Sec. 421(1), substituted
    "The balance shall be transferred to the appropriate district court
    of the United States when the voyage is completed." for "The
    balance shall be transferred to the Secretary when the voyage is
    completed, as prescribed by the Secretary."
      Subsec. (b). Pub. L. 103-206, Sec. 421(2), struck out at
    beginning "Within one month of receiving the balance under
    subsection (a) of this section, the Secretary shall transfer the
    balance to the appropriate district court of the United States."

-End-



-CITE-
    46 USC Sec. 11506                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-
    Sec. 11506. Carrying sheath knives

-STATUTE-
      A seaman in the merchant marine may not wear a sheath knife on
    board a vessel without the consent of the master. The master of a
    vessel of the United States shall inform each seaman of this
    prohibition before engagement. A master failing to advise a seaman
    is liable to the United States Government for a civil penalty of
    $50.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 584.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11506                                 46:710                        
    --------------------------------------------------------------------

      Section 11506 prohibits a merchant seaman from carrying a sheath
    knife without permission of the master, and penalizes a master who
    does not advise a seaman of this provision.

-End-



-CITE-
    46 USC Sec. 11507                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part G - Merchant Seamen Protection and Relief
    CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-
    Sec. 11507. Surrender of offending officers

-STATUTE-
      When an officer of a vessel of the United States (except the
    master) has violated section 2191 of title 18, and the master has
    actual knowledge of the offense or if complaint is made within 3
    days after reaching port, the master shall surrender the offending
    officer to the proper authorities. If the master fails to use
    diligence to comply with this section and the offender escapes, the
    owner, the master, and the vessel are liable for damages to the
    individual unlawfully punished.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 584.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    11507                                 46:712                        
    --------------------------------------------------------------------

      Section 11507 requires a master of a vessel of the United States
    to surrender to the proper authorities any officer who has violated
    section 2191 of title 18 (which provides a penalty for cruelty to
    seamen by officers), and penalizes the master for noncompliance.

-End-


-CITE-
    46 USC Part H - Identification of Vessels                   01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels

-HEAD-
                    PART H - IDENTIFICATION OF VESSELS                

-End-


-CITE-
    46 USC CHAPTER 121 - DOCUMENTATION OF VESSELS               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-
                  CHAPTER 121 - DOCUMENTATION OF VESSELS              


-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    12101.      Definitions.                                          
    12102.      Vessels requiring documentation.                      
    12103.      General eligibility requirements.                     
    12104.      Applications for documentation.                       
    12105.      Issuance of documentation.                            
    12106.      Surrender of title and number.                        
    12107.      Wrecked vessels.                                      

          SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION      
    12111.      Registry endorsement.                                 
    12112.      Coastwise endorsement.                                
    12113.      Fishery endorsement.                                  
    12114.      Recreational endorsement.                             
    12115.      Temporary endorsement for vessels procured outside the
                 United States.                                       
    12116.      Limited endorsements for Guam, American Samoa, and
                 Northern Mariana Islands.                            
    12117.      Oil spill response vessels.                           
    12118.      Owners engaged primarily in manufacturing or mineral
                 industry.                                            
    12119.      Owners engaged primarily in leasing or financing
                 transactions.                                        
    12120.      Liquified gas tankers.                                
    12121.      Small passenger vessels and uninspected passenger
                 vessels.                                             

                      SUBCHAPTER III - MISCELLANEOUS                  
    12131.      Command of documented vessels.                        
    12132.      Loss of coastwise trade privileges.                   
    12133.      Duty to carry certificate on vessel and allow
                 examination.                                         
    12134.      Evidentiary uses of documentation.                    
    12135.      Invalidation of certificates of documentation.        
    12136.      Surrender of certificates of documentation.           
    12137.      Recording of vessels built in the United States.      
    12138.      List of documented vessels.                           
    12139.      Reports.                                              

                         SUBCHAPTER IV - PENALTIES                     
    12151.      Penalties.                                            
    12152.      Denial or revocation of endorsement for non-payment of
                 civil penalty.                                       

-COD-
                               CODIFICATION                           
      This chapter was originally enacted by Pub. L. 98-89, Aug. 26,
    1983, 97 Stat. 584, and amended by Pub. L. 98-364, July 17, 1984,
    98 Stat. 440; Pub. L. 98-454, Oct. 5, 1984, 98 Stat. 1732; Pub. L.
    99-36, May 15, 1985, 99 Stat. 67; Pub. L. 99-307, May 19, 1986, 100
    Stat. 444; Pub. L. 99-509, Oct. 21, 1986, 100 Stat. 1874; Pub. L.
    99-570, Oct. 27, 1986, 100 Stat. 3207; Pub. L. 100-239, Jan. 11,
    1988, 101 Stat. 1778; Pub. L. 100-710, Nov. 23, 1988, 102 Stat.
    4735; Pub. L. 101-225, Dec. 12, 1989, 103 Stat. 1908; Pub. L. 101-
    380, Aug. 18, 1990, 104 Stat. 484; Pub. L. 101-595, Nov. 16, 1990,
    104 Stat. 2979; Pub. L. 102-388, Oct. 6, 1992, 106 Stat. 1520; Pub.
    L. 102-587, Nov. 4, 1992, 106 Stat. 5039; Pub. L. 104-208, Sept.
    30, 1996, 110 Stat. 3009; Pub. L. 104-324, Oct. 19, 1996, 110 Stat.
    3901; Pub. L. 105-277, Oct. 21, 1998, 112 Stat. 2681; Pub. L. 105-
    383, Nov. 13, 1998, 112 Stat. 3411; Pub. L. 106-31, May 21, 1999,
    113 Stat. 57; Pub. L. 107-20, July 24, 2001, 115 Stat. 155; Pub. L.
    107-206, Aug. 2, 2002, 116 Stat. 820; Pub. L. 107-295, Nov. 25,
    2002, 116 Stat. 2064; Pub. L. 108-136, Nov. 24, 2003, 117 Stat.
    1392; Pub. L. 108-293, Aug. 9, 2004, 118 Stat. 1028; Pub. L. 109-
    241, July 11, 2006, 120 Stat. 516. This chapter is shown here,
    however, as having been enacted by Pub. L. 109-304, Sec. 5, Oct. 6,
    2006, 120 Stat. 1491, without reference to those intervening
    amendments because of the general amendment of this chapter by Pub.
    L. 109-304.

-End-


-CITE-
    46 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-



-CITE-
    46 USC Sec. 12101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 12101. Definitions

-STATUTE-
      (a) Rebuilt in the United States. - In this chapter, a vessel is
    deemed to have been rebuilt in the United States only if the entire
    rebuilding, including the construction of any major component of
    the hull or superstructure, was done in the United States.
      (b) Related Terms in Other Laws. - When the following terms are
    used in a law, regulation, document, ruling, or other official act
    referring to the documentation of a vessel, the following
    definitions apply:
        (1) Registry endorsement. - The terms "certificate of
      registry", "register", and "registry" mean a certificate of
      documentation with a registry endorsement issued under this
      chapter.
        (2) Coastwise endorsement. - The terms "license", "enrollment
      and license", "license for the coastwise (or coasting) trade",
      and "enrollment and license for the coastwise (or coasting)
      trade" mean a certificate of documentation with a coastwise
      endorsement issued under this chapter.
        (3) Yacht. - The term "yacht" means a recreational vessel even
      if not documented.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1491.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12101(a)       46:12101(a)(2).                                      
                   46 App.:883 (2d         June 5, 1920, ch. 250, Sec.  
                    proviso related to      27 (2d proviso related to   
                    meaning of              meaning of "rebuilt"), 41   
                    "rebuilt").             Stat. 999; July 2, 1935, ch.
                                            355, 49 Stat. 442; July 14, 
                                            1956, ch. 600, Sec. 1, 70   
                                            Stat. 544; Pub. L. 86-583,  
                                            Sec. 1, July 5, 1960, 74    
                                            Stat. 321; Pub. L. 100-239, 
                                            Sec. 6(c)(1), Jan. 11, 1988,
                                            101 Stat. 1782.             
    12101(b)       46:12101(b).                                         
    --------------------------------------------------------------------

      In subsection (a), the words "its territories" and "or its
    possessions" are omitted because of the definition of "United
    States" in chapter 1 of the revised title. The words "(not
    including trust territories)" are omitted because the Trust
    Territory of the Pacific Islands has terminated. See 48 U.S.C. 1681
    note prec.

                             PRIOR PROVISIONS                         
      A prior section 12101, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    585; Pub. L. 98-364, title IV, Sec. 402(16), July 17, 1984, 98
    Stat. 450; Pub. L. 99-36, Sec. 1(a)(7)(B), May 15, 1985, 99 Stat.
    67; Pub. L. 100-239, Sec. 3(2), (3), Jan. 11, 1988, 101 Stat. 1778;
    Pub. L. 101-225, title III, Sec. 301(a)(1), Dec. 12, 1989, 103
    Stat. 1920; Pub. L. 104-324, title XI, Sec. 1115(b)(2), Oct. 19,
    1996, 110 Stat. 3972, originally derived from section 65w of former
    Title 46, Shipping, related to definitions and related terms in
    other laws, prior to the general amendment of this chapter by Pub.
    L. 109-304. See this section and section 108 of this title.

-End-



-CITE-
    46 USC Sec. 12102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 12102. Vessels requiring documentation

-STATUTE-
      (a) In General. - Except as otherwise provided, a vessel may
    engage in a trade only if the vessel has been issued a certificate
    of documentation with an endorsement for that trade under this
    chapter.
      (b) Vessels Less Than 5 Net Tons. - A vessel of less than 5 net
    tons may engage in a trade without being documented if the vessel
    otherwise satisfies the requirements to engage in the particular
    trade.
      (c) Barges. - A barge qualified to engage in the coastwise trade
    may engage in the coastwise trade, without being documented, on
    rivers, harbors, lakes (except the Great Lakes), canals, and inland
    waters.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1492.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12102(a)       46:12106(b).                                         
                   46:12108(b).                                         
                   46:12110(a).                                         
    12102(b)       46:12102(a)                                          
                    (related to                                         
                    tonnage).                                           
    12102(c)       46:12110(b).                                         
    --------------------------------------------------------------------


                             PRIOR PROVISIONS                         
      A prior section 12102, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    585; Pub. L. 99-509, title V, Sec. 5102(b)(6), Oct. 21, 1986, 100
    Stat. 1927; Pub. L. 100-239, Sec. 7(a), Jan. 11, 1988, 101 Stat.
    1782; Pub. L. 100-710, title I, Sec. 104(a)(4), (5), Nov. 23, 1988,
    102 Stat. 4750; Pub. L. 101-225, title III, Sec. 301(a)(2), Dec.
    12, 1989, 103 Stat. 1920; Pub. L. 104-324, title XI, Sec. 1136(a),
    Oct. 19, 1996, 110 Stat. 3986; Pub. L. 105-277, div. C, title II,
    Sec. 202(a), Oct. 21, 1998, 112 Stat. 2681-617; Pub. L. 105-383,
    title IV, Secs. 401(a)(1), 421, Nov. 13, 1998, 112 Stat. 3424,
    3439; Pub. L. 107-20, title II, Sec. 2202(a), July 24, 2001, 115
    Stat. 168; Pub. L. 107-206, title I, Sec. 1103, Aug. 2, 2002, 116
    Stat. 884; Pub. L. 108-136, div. C, title XXXV, Sec. 3534(b)(1),
    Nov. 24, 2003, 117 Stat. 1818, originally derived from section 65b
    of former Title 46, Shipping, related to vessels eligible for
    documentation, prior to the general amendment of this chapter by
    Pub. L. 109-304. See this section and sections 12103, 12111, and
    12113 of this title.

-End-



-CITE-
    46 USC Sec. 12103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 12103. General eligibility requirements

-STATUTE-
      (a) In General. - Except as otherwise provided, a certificate of
    documentation for a vessel may be issued under this chapter only if
    the vessel is - 
        (1) wholly owned by one or more individuals or entities
      described in subsection (b);
        (2) at least 5 net tons as measured under part J of this
      subtitle; and
        (3) not documented under the laws of a foreign country.

      (b) Eligible Owners. - For purposes of subsection (a)(1), the
    following are eligible owners:
        (1) An individual who is a citizen of the United States.
        (2) An association, trust, joint venture, or other entity if - 
          (A) each of its members is a citizen of the United States;
        and
          (B) it is capable of holding title to a vessel under the laws
        of the United States or a State.

        (3) A partnership if - 
          (A) each general partner is a citizen of the United States;
        and
          (B) the controlling interest in the partnership is owned by
        citizens of the United States.

        (4) A corporation if - 
          (A) it is incorporated under the laws of the United States or
        a State;
          (B) its chief executive officer, by whatever title, and the
        chairman of its board of directors are citizens of the United
        States; and
          (C) no more of its directors are noncitizens than a minority
        of the number necessary to constitute a quorum.

        (5) The United States Government.
        (6) The government of a State.

      (c) Temporary Certificates Prior to Measurement. -
    Notwithstanding subsection (a)(2), the Secretary may issue a
    temporary certificate of documentation for a vessel before it is
    measured.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1492.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12103(a)       46:12102(a) (less                                    
                    ownership), (b)                                     
                    (1st sentence).                                     
    12103(b)       46:12102(a)                                          
                    (related to                                         
                    ownership)                                          
    12103(c)       46:12102(b) (last                                    
                    sentence).                                          
    --------------------------------------------------------------------


                             PRIOR PROVISIONS                         
      A prior section 12103, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    585; Pub. L. 100-710, title I, Sec. 104(a)(4), (6), Nov. 23, 1988,
    102 Stat. 4750; Pub. L. 101-225, title III, Sec. 301(a)(3), Dec.
    12, 1989, 103 Stat. 1920; Pub. L. 102-388, title III, Sec.
    348(c)(1), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102-587, title V,
    Sec. 5213(a)(1), Nov. 4, 1992, 106 Stat. 5077; Pub. L. 107-295,
    title IV, Sec. 422(a), Nov. 25, 2002, 116 Stat. 2125, originally
    derived from section 65e of former Title 46, Shipping, related to
    certificates of documentation, prior to the general amendment of
    this chapter by Pub. L. 109-304. See sections 12104, 12105, and
    12133 of this title.
      A prior section 12103a, added Pub. L. 107-295, title IV, Sec.
    422(b)(1), Nov. 25, 2002, 116 Stat. 2125, related to issuance of
    temporary certificate of documentation by third parties, prior to
    the general amendment of this chapter by Pub. L. 109-304. See
    section 12105 of this title.

-End-



-CITE-
    46 USC Sec. 12104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 12104. Applications for documentation

-STATUTE-
      (a) In General. - An application for a certificate of
    documentation or endorsement under this chapter must be filed by
    the owner of the vessel. The application must be filed in the
    manner, be in the form, and contain the information prescribed by
    the Secretary.
      (b) Applicant's Identifying Information. - The Secretary shall
    require the applicant to provide - 
        (1) if the applicant is an individual, the individual's social
      security number; or
        (2) if the applicant is an entity - 
          (A) the entity's taxpayer identification number; or
          (B) if the entity does not have a taxpayer identification
        number, the social security number of an individual who is a
        corporate officer, general partner, or individual trustee of
        the entity and who signs the application.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1493.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12104(a)       46:12103(a)                                          
                    (related to filing                                  
                    by owner), (b)(1).                                  
    12104(b)       46:12103(b)(2).                                      
    --------------------------------------------------------------------


                             PRIOR PROVISIONS                         
      A prior section 12104, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    586; Pub. L. 99-36, Sec. 1(a)(7)(B), May 15, 1985, 99 Stat. 67;
    Pub. L. 101-225, title III, Sec. 301(a)(4), Dec. 12, 1989, 103
    Stat. 1920, originally derived from section 65g of former Title 46,
    Shipping, related to effect of documentation, prior to the general
    amendment of this chapter by Pub. L. 109-304. See section 12134 of
    this title.

-End-



-CITE-
    46 USC Sec. 12105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 12105. Issuance of documentation

-STATUTE-
      (a) In General. - Except as provided in section 12152 of this
    title, the Secretary, on receipt of a proper application, shall
    issue a certificate of documentation or a temporary certificate of
    documentation for a vessel satisfying the requirements of section
    12103 of this title. The certificate shall contain each endorsement
    under subchapter II of this chapter for which the owner applies and
    the vessel is eligible.
      (b) Temporary Certificates for Recreational Vessels. - The
    Secretary may delegate, subject to the supervision and control of
    the Secretary and under terms prescribed by regulation, to private
    entities determined and certified by the Secretary to be qualified,
    the authority to issue a temporary certificate of documentation for
    a recreational vessel eligible under section 12103 of this title. A
    temporary certificate issued under this subsection is valid for not
    more than 30 days.
      (c) Information To Be Included in Certificate. - A certificate of
    documentation shall - 
        (1) identify and describe the vessel;
        (2) identify the owner of the vessel; and
        (3) contain additional information prescribed by the Secretary.

      (d) Procedures To Ensure Integrity and Accuracy. - The Secretary
    shall prescribe procedures to ensure the integrity of, and the
    accuracy of information contained in, certificates of
    documentation.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1493.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12105(a)       46:12103(a) (less                                    
                    filing by owner).                                   
    12105(b)       46:12103a.                                           
    12105(c)       46:12103(c).                                         
    12105(d)       46:12103(d).                                         
    --------------------------------------------------------------------

      In subsection (b), the words "eligible under" are substituted for
    "if the applicant for the certificate of documentation meets the
    requirements set out in" for consistency in the chapter and to
    eliminate unnecessary words.

                             PRIOR PROVISIONS                         
      A prior section 12105, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    586; Pub. L. 100-710, title I, Sec. 104(a)(4), Nov. 23, 1988, 102
    Stat. 4750; Pub. L. 101-225, title III, Sec. 301(a)(5), Dec. 12,
    1989, 103 Stat. 1920; Pub. L. 109-241, title III, Sec. 310, July
    11, 2006, 120 Stat. 529, originally derived from section 65h of
    former Title 46, Shipping, related to registry endorsements, prior
    to the general amendment of this chapter by Pub. L. 109-304. See
    section 12111 of this title.

-End-



-CITE-
    46 USC Sec. 12106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 12106. Surrender of title and number

-STATUTE-
      (a) In General. - A documented vessel may not be titled by a
    State or required to display numbers under chapter 123 of this
    title, and any certificate of title issued by a State for a
    documented vessel shall be surrendered as provided by regulations
    prescribed by the Secretary.
      (b) Vessels Covered by Preferred Mortgage. - The Secretary may
    approve the surrender under subsection (a) of a certificate of
    title for a vessel covered by a preferred mortgage under section
    31322(d) of this title only if the mortgagee consents.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1494.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12106          46:12124.                                            
    --------------------------------------------------------------------


                             PRIOR PROVISIONS                         
      A prior section 12106, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    586; Pub. L. 98-454, title III, Sec. 301(b), Oct. 5, 1984, 98 Stat.
    1734; Pub. L. 100-239, Sec. 6(a)(2), (3), Jan. 11, 1988, 101 Stat.
    1781; Pub. L. 101-225, title III, Sec. 301(a)(6), Dec. 12, 1989,
    103 Stat. 1921; Pub. L. 101-380, title IV, Sec. 4205, Aug. 18,
    1990, 104 Stat. 533; Pub. L. 104-324, title VII, Sec. 743, title
    XI, Sec. 1113(d), Oct. 19, 1996, 110 Stat. 3942, 3971; Pub. L. 108-
    293, title VI, Sec. 608(a), Aug. 9, 2004, 118 Stat. 1054,
    originally derived from section 65i of former Title 46, Shipping,
    related to coastwise endorsements, prior to the general amendment
    of this chapter by Pub. L. 109-304. See sections 12102, 12112,
    12116, 12117, and 12119 of this title.

-End-



-CITE-
    46 USC Sec. 12107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 12107. Wrecked vessels

-STATUTE-
      (a) Requirements. - A vessel is a wrecked vessel under this
    chapter if it - 
        (1) was wrecked on a coast of the United States or adjacent
      waters; and
        (2) has undergone repairs in a shipyard in the United States
      equal to at least 3 times the appraised salvage value of the
      vessel.

      (b) Appraisals. - The Secretary may appoint a board of three
    appraisers to determine whether a vessel satisfies subsection
    (a)(2). The costs of the appraisal shall be paid by the owner of
    the vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1494.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12107          46 App.:14 (words       R.S. Sec. 4136 (words before 
                    before last             last proviso); Feb. 24,     
                    proviso).               1915, ch. 57, 38 Stat. 812; 
                                            Pub. L. 103-182, title VI,  
                                            Sec. 686(a)(4), Dec. 8,     
                                            1993, 107 Stat. 2220.       
    --------------------------------------------------------------------

      The words "The Secretary of Transportation may issue a
    certificate of documentation with a coastwise endorsement" and
    "when purchased by a citizen or citizens of the United States" are
    omitted as unnecessary because section 12112, as revised by the
    bill, provides the requirements for a wrecked vessel to obtain a
    coastwise endorsement.
      In subsection (c)(1), the words "or her possessions" are omitted
    as unnecessary because of the definition of "United States" in
    chapter 1 of the revised title.

                             PRIOR PROVISIONS                         
      A prior section 12107, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    587; Pub. L. 100-239, Sec. 6(a)(4), (5), Jan. 11, 1988, 101 Stat.
    1782; Pub. L. 101-225, title III, Sec. 301(a)(7), Dec. 12, 1989,
    103 Stat. 1921, originally derived from section 65j of former Title
    46, Shipping, related to Great Lakes endorsements, prior to being
    repealed by Pub. L. 104-324, title XI, Sec. 1115(a), Oct. 19, 1996,
    110 Stat. 3972.
      A prior section 12108, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    587; Pub. L. 98-454, title III, Sec. 301(c), Oct. 5, 1984, 98 Stat.
    1734; Pub. L. 100-239, Secs. 3(4), (5), 6(a)(6), Jan. 11, 1988, 101
    Stat. 1779, 1782; Pub. L. 101-225, title III, Sec. 301(a)(8), Dec.
    12, 1989, 103 Stat. 1921; Pub. L. 104-208, div. A, title I, Sec.
    101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009,
    3009-41; Pub. L. 104-324, title III, Sec. 301(e), title VII, Sec.
    744, Oct. 19, 1996, 110 Stat. 3917, 3942; Pub. L. 107-295, title
    IV, Sec. 409, Nov. 25, 2002, 116 Stat. 2117, originally derived
    from section 65k of former Title 46, Shipping, related to fishery
    endorsements, prior to being omitted in the general amendment of
    this chapter by Pub. L. 109-304. See sections 12102, 12113, and
    12116 of this title.
      A prior section 12109, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    587; Pub. L. 99-36, Sec. 1(a)(7)(C), May 15, 1985, 99 Stat. 67;
    Pub. L. 99-570, title III, Sec. 3151, Oct. 27, 1986, 100 Stat. 3207-
    94; Pub. L. 100-710, title I, Sec. 106(b)(5), Nov. 23, 1988, 102
    Stat. 4752; Pub. L. 101-225, title III, Sec. 301(a)(9), Dec. 12,
    1989, 103 Stat. 1921; Pub. L. 101-595, title VI, Sec. 603(9), Nov.
    16, 1990, 104 Stat. 2993, originally derived from section 65l of
    former Title 46, Shipping, related to recreational endorsements,
    prior to being omitted in the general amendment of this chapter by
    Pub. L. 109-304. See section 12114 of this title.
      A prior section 12110, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    588; Pub. L. 99-36, Sec. 1(a)(7)(D), May 15, 1985, 99 Stat. 67;
    Pub. L. 100-710, title I, Sec. 104(a)(4), Nov. 23, 1988, 102 Stat.
    4750; Pub. L. 101-225, title III, Sec. 301(a)(10), Dec. 12, 1989,
    103 Stat. 1922; Pub. L. 102-388, title III, Sec. 348(b), Oct. 6,
    1992, 106 Stat. 1554; Pub. L. 102-587, title V, Sec. 5213(a)(2),
    Nov. 4, 1992, 106 Stat. 5077; Pub. L. 104-324, title III, Sec.
    301(c), (d)(1), Oct. 19, 1996, 110 Stat. 3916; Pub. L. 108-293,
    title IV, Sec. 404(a), Aug. 9, 2004, 118 Stat. 1043, originally
    derived from section 65m of former Title 46, Shipping, related to
    limitations on operations authorized by certificates, prior to
    being omitted in the general amendment of this chapter by Pub. L.
    109-304. See sections 12102, 12114, and 12131 of this title.

-End-


-CITE-
    46 USC SUBCHAPTER II - ENDORSEMENTS AND SPECIAL
           DOCUMENTATION                                   01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION

-HEAD-
          SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION      

-End-



-CITE-
    46 USC Sec. 12111                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION

-HEAD-
    Sec. 12111. Registry endorsement

-STATUTE-
      (a) Requirements. - A registry endorsement may be issued for a
    vessel that satisfies the requirements of section 12103 of this
    title.
      (b) Authorized Activity. - A vessel for which a registry
    endorsement is issued may engage in foreign trade or trade with
    Guam, American Samoa, Wake, Midway, or Kingman Reef.
      (c) Certain Vessels Owned by Trusts. - 
        (1) Nonapplication of beneficiary citizenship requirement. -
      For the issuance of a certificate of documentation with only a
      registry endorsement, the beneficiaries of a trust are not
      required to be citizens of the United States if the trust
      qualifies under paragraph (2) and the vessel is subject to a
      charter to a citizen of the United States.
        (2) Requirements for trust to qualify. - 
          (A) In general. - Subject to subparagraph (B), a trust
        qualifies under this paragraph with respect to a vessel only if
        - 
            (i) each trustee is a citizen of the United States; and
            (ii) the application for documentation of the vessel
          includes the affidavit of each trustee stating that the
          trustee is not aware of any reason involving a beneficiary of
          the trust that is not a citizen of the United States, or
          involving any other person that is not a citizen of the
          United States, as a result of which the beneficiary or other
          person would hold more than 25 percent of the aggregate power
          to influence or limit the exercise of the authority of the
          trustee with respect to matters involving any ownership or
          operation of the vessel that may adversely affect the
          interests of the United States.

          (B) Authority of non-citizens. - If any person that is not a
        citizen of the United States has authority to direct or
        participate in directing a trustee for a trust in matters
        involving any ownership or operation of the vessel that may
        adversely affect the interests of the United States or in
        removing a trustee for a trust without cause, either directly
        or indirectly through the control of another person, the trust
        is not qualified under this paragraph unless the trust
        instrument provides that persons who are not citizens of the
        United States may not hold more than 25 percent of the
        aggregate authority to so direct or remove a trustee.
          (C) Ownership by non-citizens. - Subparagraphs (A) and (B) do
        not prohibit a person that is not a citizen of the United
        States from holding more than 25 percent of the beneficial
        interest in a trust.

        (3) Citizenship of person chartering vessel. - If a person
      chartering a vessel from a trust that qualifies under paragraph
      (2) is a citizen of the United States under section 50501 of this
      title, the vessel is deemed to be owned by a citizen of the
      United States for purposes of that section and related laws,
      except chapter 531 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1494; Pub. L. 109-
    241, title III, Sec. 310, July 11, 2006, 120 Stat. 529.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived in part from former section 12105 of
    this title, which was amended by Pub. L. 109-241, title III, Sec.
    310, July 11, 2006, 120 Stat. 529. For applicability of that
    amendment to this section, see section 18(a) of Pub. L. 109-304,
    set out as a Legislative Purpose and Construction note preceding
    section 101 of this title. Former section 12105 was amended by
    adding a new subsection which read as follows:

      "(c)(1) Only a vessel for which a certificate of documentation
    with a registry endorsement is issued may engage in - 
        "(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 (43 U.S.C.
      1331(a))); or
        "(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.

      "(2) Nothing in paragraph (1) authorizes the employment in the
    coastwise trade of a vessel that does not meet the requirements of
    section 12106 [now principally 12112] of this title."



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12111(a)       46:12105(a).                                         
    12111(b)       46:12105(b).                                         
    12111(c)       46:12102(d).                                         
    --------------------------------------------------------------------



-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12111, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    588; Pub. L. 100-710, title I, Sec. 103(a), Nov. 23, 1988, 102
    Stat. 4749; Pub. L. 104-324, title III, Sec. 301(d)(2)(A), Oct. 19,
    1996, 110 Stat. 3916; Pub. L. 107-295, title II, Sec. 205(c), Nov.
    25, 2002, 116 Stat. 2096, originally derived from section 65o of
    former Title 46, Shipping, related to surrender and invalidation of
    certificates of documentation, prior to the general amendment of
    this chapter by Pub. L. 109-304. See sections 12135 and 12136 of
    this title.

-End-



-CITE-
    46 USC Sec. 12112                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION

-HEAD-
    Sec. 12112. Coastwise endorsement

-STATUTE-
      (a) Requirements. - A coastwise endorsement may be issued for a
    vessel that - 
        (1) satisfies the requirements of section 12103 of this title;
        (2)(A) was built in the United States; or
        (B) if not built in the United States - 
          (i) was captured in war by citizens of the United States and
        lawfully condemned as prize;
          (ii) was adjudged to be forfeited for a breach of the laws of
        the United States; or
          (iii) qualifies as a wrecked vessel under section 12107 of
        this title; and

        (3) otherwise qualifies under the laws of the United States to
      engage in the coastwise trade.

      (b) Authorized Activity. - Subject to the laws of the United
    States regulating the coastwise trade, a vessel for which a
    coastwise endorsement is issued may engage in the coastwise trade.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1495.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12112(a)       46:12106(a).                                         
    12112(b)       46:12106(b).                                         
    --------------------------------------------------------------------

      In subsection (b), the word "only" is omitted because section
    12102(a), as revised by the bill, contains a general requirement
    for appropriate documentation to engage in any trade.

                             PRIOR PROVISIONS                         
      A prior section 12112, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    588; Pub. L. 100-710, title I, Sec. 104(a)(4), Nov. 23, 1988, 102
    Stat. 4750; Pub. L. 101-225, title III, Sec. 301(a)(11), Dec. 12,
    1989, 103 Stat. 1922, originally derived from section 65p of former
    Title 46, Shipping, related to vessels procured outside the United
    States, prior to the general amendment of this chapter by Pub. L.
    109-304. See section 12115 of this title.

             CERTAIN VESSELS ENGAGED IN ALASKA COASTWISE TRADE         
      Pub. L. 108-293, title VI, Sec. 608(b), Aug. 9, 2004, 118 Stat.
    1056, provided that:
      "(1) In general. - Notwithstanding any other provision of law, a
    person shall be treated as a citizen of the United States under
    section 12102(a) [now section 12103(a), (b)] of title 46, United
    States Code, section 2 of the Shipping Act, 1916 ([former] 46
    U.S.C. App. 802) [see 46 U.S.C. 50501], and section 27 of the
    Merchant Marine Act, 1920 ([former] 46 U.S.C. App. 883) [see
    Disposition Table preceding section 101 of this title], for
    purposes of issuance of a coastwise endorsement under section
    12106(e) of title 46, United States Code (as that section was in
    effect on the day before the date of enactment of this Act [Aug. 9,
    2004]), for a vessel owned by the person on the date of enactment
    of this Act, or any replacement vessel of a similar size and
    function, if the person - 
        "(A) owned a vessel before January 1, 2001, that had a
      coastwise endorsement under [former] section 12106(e) of title
      46, United States Code; and
        "(B) as of the date of the enactment of this Act [Aug. 9,
      2004], derives substantially all of its revenue from leasing
      vessels engaged in the transportation or distribution of
      petroleum products and other cargo in Alaska.
      "(2) Limitation on coastwise trade. - A vessel owned by a person
    described in paragraph (1) for which a coastwise endorsement is
    issued under [former] section 12106(e) of title 46, United States
    Code, may be employed in the coastwise trade only within Alaska and
    in the coastwise trade to and from Alaska.
      "(3) Termination. - The application of this subsection to a
    person described in paragraph (1) shall terminate if all of that
    person's vessels described in paragraph (1) are sold to a person
    eligible to document vessels under section 12106(a) [now section
    12112(a)] of title 46, United States Code."

-End-



-CITE-
    46 USC Sec. 12113                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION

-HEAD-
    Sec. 12113. Fishery endorsement

-STATUTE-
      (a) Requirements. - A fishery endorsement may be issued for a
    vessel that - 
        (1) satisfies the requirements of section 12103 of this title
      and, if owned by an entity, the entity satisfies the ownership
      requirements in subsection (c);
        (2) was built in the United States;
        (3) if rebuilt, was rebuilt in the United States;
        (4) was not forfeited to the United States Government after
      July 1, 2001, for a breach of the laws of the United States; and
        (5) otherwise qualifies under the laws of the United States to
      engage in the fisheries.

      (b) Authorized Activity. - 
        (1) In general. - Subject to the laws of the United States
      regulating the fisheries, a vessel for which a fishery
      endorsement is issued may engage in the fisheries.
        (2) Use by prohibited persons. - A fishery endorsement is
      invalid immediately if the vessel for which it is issued is used
      as a fishing vessel while it is chartered or leased to an
      individual who is not a citizen of the United States or to an
      entity that is not eligible to own a vessel with a fishery
      endorsement.

      (c) Ownership Requirements for Entities. - 
        (1) In general. - A vessel owned by an entity is eligible for a
      fishery endorsement only if at least 75 percent of the interest
      in the entity, at each tier of ownership and in the aggregate, is
      owned and controlled by citizens of the United States.
        (2) Determining 75 percent interest. - In determining whether
      at least 75 percent of the interest in the entity is owned and
      controlled by citizens of the United States under paragraph (1),
      the Secretary shall apply section 50501(d) of this title, except
      that for this purpose the terms "control" or "controlled" - 
          (A) include the right to - 
            (i) direct the business of the entity;
            (ii) limit the actions of or replace the chief executive
          officer, a majority of the board of directors, any general
          partner, or any person serving in a management capacity of
          the entity; or
            (iii) direct the transfer, operation, or manning of a
          vessel with a fishery endorsement; but

          (B) do not include the right to simply participate in the
        activities under subparagraph (A), or the exercise of rights
        under loan or mortgage covenants by a mortgagee eligible to be
        a preferred mortgagee under section 31322(a) of this title,
        except that a mortgagee not eligible to own a vessel with a
        fishery endorsement may only operate such a vessel to the
        extent necessary for the immediate safety of the vessel or for
        repairs, drydocking, or berthing changes.

        (3) Exceptions. - This subsection does not apply to a vessel
      when it is engaged in the fisheries in the exclusive economic
      zone under the authority of the Western Pacific Fishery
      Management Council established under section 302(a)(1)(H) of the
      Magnuson-Stevens Fishery Conservation and Management Act (16
      U.S.C. 1852(a)(1)(H)) or to a purse seine vessel when it is
      engaged in tuna fishing in the Pacific Ocean outside the
      exclusive economic zone or pursuant to the South Pacific Regional
      Fisheries Treaty, provided that the owner of the vessel continues
      to comply with the eligibility requirements for a fishery
      endorsement under the Federal law that was in effect on October
      1, 1998. A fishery endorsement issued pursuant to this paragraph
      is valid for engaging only in the activities described in this
      paragraph.

      (d) Requirements Based on Length, Tonnage, or Horsepower. - 
        (1) Application. - This subsection applies to a vessel that - 
          (A) is greater than 165 feet in registered length;
          (B) is more than 750 gross registered tons as measured under
        chapter 145 of this title or 1,900 gross registered tons as
        measured under chapter 143 of this title; or
          (C) has an engine or engines capable of producing a total of
        more than 3,000 shaft horsepower.

        (2) Requirements. - A vessel subject to this subsection is not
      eligible for a fishery endorsement unless - 
          (A)(i) a certificate of documentation was issued for the
        vessel and endorsed with a fishery endorsement that was
        effective on September 25, 1997;
          (ii) the vessel is not placed under foreign registry after
        October 21, 1998; and
          (iii) if the fishery endorsement is invalidated after October
        21, 1998, application is made for a new fishery endorsement
        within 15 business days of the invalidation; or
          (B) the owner of the vessel demonstrates to the Secretary
        that the regional fishery management council of jurisdiction
        established under section 302(a)(1) of the Magnuson-Stevens
        Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1))
        has recommended after October 21, 1998, and the Secretary of
        Commerce has approved, conservation and management measures in
        accordance with the American Fisheries Act (Public Law 105-277,
        div. C, title II) (16 U.S.C. 1851 note) (!1) to allow the
        vessel to be used in fisheries under the council's authority.


      (e) Vessels Measuring 100 Feet or Greater. - 
        (1) In general. - The Administrator of the Maritime
      Administration shall administer subsections (c) and (d) with
      respect to vessels 100 feet or greater in registered length. The
      owner of each such vessel shall file a statement of citizenship
      setting forth all relevant facts regarding vessel ownership and
      control with the Administrator on an annual basis to demonstrate
      compliance with those provisions.
        (2) Regulations. - Regulations to implement this subsection
      shall conform to the extent practicable with the regulations
      establishing the form of citizenship affidavit set forth in part
      355 of title 46, Code of Federal Regulations, as in effect on
      September 25, 1997, except that the form of the statement shall
      be written in a manner to allow the owner of the vessel to
      satisfy any annual renewal requirements for a certificate of
      documentation for the vessel and to comply with this subsection
      and subsections (c) and (d), and shall not be required to be
      notarized.
        (3) Transfer of ownership. - Transfers of ownership and control
      of vessels subject to subsection (c) or (d), which are 100 feet
      or greater in registered length, shall be rigorously scrutinized
      for violations of those provisions, with particular attention
      given to - 
          (A) leases, charters, mortgages, financing, and similar
        arrangements;
          (B) the control of persons not eligible to own a vessel with
        a fishery endorsement under subsection (c) or (d), over the
        management, sales, financing, or other operations of an entity;
        and
          (C) contracts involving the purchase over extended periods of
        time of all, or substantially all, of the living marine
        resources harvested by a fishing vessel.

      (f) Vessels Measuring Less Than 100 Feet. - The Secretary shall
    establish reasonable and necessary requirements to demonstrate
    compliance with subsections (c) and (d), with respect to vessels
    measuring less than 100 feet in registered length, and shall seek
    to minimize the administrative burden on individuals who own and
    operate those vessels.
      (g) Vessels Purchased Through Fishing Capacity Reduction Program.
    - A vessel purchased by the Secretary of Commerce through a fishing
    capacity reduction program under the Magnuson-Stevens Fishery
    Conservation Management Act (!1) (16 U.S.C. 1801 et seq.) or
    section 308 of the Interjurisdictional Fisheries Act of 1986 (16
    U.S.C. 4107) is not eligible for a fishery endorsement, and any
    fishery endorsement issued for that vessel is invalid.
      (h) Revocation of Endorsements. - The Secretary shall revoke the
    fishery endorsement of any vessel subject to subsection (c) or (d)
    whose owner does not comply with those provisions.
      (i) Regulations. - Regulations to implement subsections (c) and
    (d) and sections 12151(c) and 31322(b) of this title shall prohibit
    impermissible transfers of ownership or control, specify any
    transactions that require prior approval of an implementing agency,
    identify transactions that do not require prior agency approval,
    and to the extent practicable, minimize disruptions to the
    commercial fishing industry, to the traditional financing
    arrangements of that industry, and to the opportunity to form
    fishery cooperatives.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1495.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12113(a)       46:12108(a).                                         
    12113(b)(1)    46:12108(b).                                         
    12113(b)(2)    46:12102(c)(3).                                      
    12113(c)(1)    46:12102(c)(1).                                      
    12113(c)(2)    46:12102(c)(2).                                      
    12113(c)(3)    46:12102(c)(4).                                      
    12113(d)       46:12102(c)(5).                                      
    12113(e)       46:12102 note.          Pub. L. 105-277, div. C,     
                                            title II, Sec. 203(c), Oct. 
                                            21, 1998, 112 Stat. 2681-619.
    12113(f)       46:12102 note.          Pub. L. 105-277, div. C,     
                                            title II, Sec. 203(d), Oct. 
                                            21, 1998, 112 Stat. 2681-619.
    12113(g)       46:12108(d).                                         
    12113(h)       46:12102 note.          Pub. L. 105-277, div. C,     
                                            title II, Sec. 203(e), Oct. 
                                            21, 1998, 112 Stat. 2681-619.
    12113(i)       46:12102 note.          Pub. L. 105-277, div. C,     
                                            title II, Sec. 203(b), Oct. 
                                            21, 1998, 112 Stat. 2681-619.
    --------------------------------------------------------------------

      In subsection (b)(1), the word "only" is omitted because section
    12102(a), as revised by the bill, contains a general requirement
    for appropriate documentation to engage in any trade.
      In subsection (c)(1), the word "entity" is substituted for
    "corporation, partnership, association, trust, joint venture,
    limited liability company, limited liability partnership, or any
    other entity" to eliminate unnecessary words.
      In subsection (e)(3), the words "After October 1, 2001" are
    omitted as obsolete.
      In subsection (i), the first two sentences of section 203(b) of
    Public Law 105-277 are omitted as obsolete.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The American Fisheries Act (Public Law 105-277, div. C, title II)
    (16 U.S.C. 1851 note), referred to in subsec. (d)(2)(B), probably
    should be a reference to the Magnuson-Stevens Fishery Conservation
    and Management Act (see note below). Subsec. (d)(2)(B) of this
    section was derived from former section 12102(c)(5)(B) of this
    title in the general amendment of this chapter by Pub. L. 109-304,
    Sec. 5, Oct. 6, 2006, 120 Stat. 1491. As part of that amendment,
    the reference to the American Fisheries Act was substituted for a
    reference to "such Act" which had been preceded by references to
    both of the above named Acts. See the Historical and Revision Notes
    above and section 2 of Pub. L. 109-304, set out as a Legislative
    Purpose and Construction note preceding section 101 of this title.
      The Magnuson-Stevens Fishery Conservation Management Act,
    referred to in subsec. (g), probably means the Magnuson-Stevens
    Fishery Conservation and Management Act, Pub. L. 94-265, Apr. 13,
    1976, 90 Stat. 331, which is classified principally to chapter 38
    (Sec. 1801 et seq.) of Title 16, Conservation. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1801 of Title 16 and Tables.


-MISC2-
                             PRIOR PROVISIONS                         
      A prior section 12113, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    588, originally derived from section 65a of former Title 46,
    Shipping, related to ports of documentation, prior to being
    repealed by Pub. L. 100-710, title I, Secs. 106(b)(5), 107(a), Nov.
    23, 1988, 102 Stat. 4752, effective Jan. 1, 1989.

      INAPPLICABILITY OF SUBSECTION (D) TO CERTAIN MENHADEN FISHERIES  
      Pub. L. 106-31, title III, Sec. 3027(c), May 21, 1999, 113 Stat.
    102, provided that: "The limitation on registered length contained
    in section 12102(c)(6) [now section 12113(d)] of title 46, United
    States Code, shall not apply to a vessel used solely in any
    menhaden fishery which is located in the Gulf of Mexico or along
    the Atlantic coast south of the area under the authority of the New
    England Fishery Management Council for so long as such vessel is
    used in such fishery."

             EXCEPTION TO BUILD REQUIREMENT FOR PRIOR VESSELS         
      Pub. L. 100-239, Sec. 4, Jan. 11, 1988, 101 Stat. 1779, as
    amended by Pub. L. 101-225, title III, Sec. 310, Dec. 12, 1989, 103
    Stat. 1926, provided that:
      "(a) Notwithstanding the requirements of section 12108(a)(2) and
    (3) [now section 12113(a)(2) and (3)] of title 46, United States
    Code, a fishery license may be issued to a vessel that before July
    28, 1987 - 
        "(1)(A) was documented under chapter 121 of that title; and
        "(B) was operated as a fish processing or fish tender vessel in
      the navigable waters of the United States or the exclusive
      economic zone;
        "(2) was a fish tender or fish processing vessel contracted to
      be purchased by a citizen of the United States, if the purchase
      is shown by contract or similarly reliable evidence acceptable to
      the Secretary to have been made for the purpose of using the
      vessel as a fish tender or fish processing vessel in the
      fisheries;
        "(3) was documented under chapter 121 of that title and - 
          "(A) was rebuilt in a foreign country; or
          "(B) is subsequently rebuilt in the United States for use as
        a fish processing vessel; or
        "(4) was built in the United States and - 
          "(A) is rebuilt in a foreign country under a contract entered
        into before 6 months after the date of enactment of this Act
        [Jan. 11, 1988], and was purchased or contracted to be
        purchased before July 28, 1987 with the intent that the vessel
        be used in the fisheries, if that intent is evidenced by - 
            "(i) the contract itself; or
            "(ii) a ruling letter by the Coast Guard before July 29,
          1987 under 46 C.F.R. Sec. 67.21-1 or Sec. 67.27-3 pursuant to
          a ruling request evidencing that intent; or
          "(B) is purchased for use as a fish processing vessel under a
        contract entered into after July 27, 1987, if - 
            "(i) a contract to rebuild the vessel for use as a fish
          processing vessel was entered into before September 1, 1987;
          and
            "(ii) that vessel is part of a specific business plan
          involving the conversion in foreign shipyards of a series of
          three vessels and rebuilding work on at least one of the
          vessels had begun before July 28, 1987.
      "(b) A vessel rebuilt under subsection (a)(3)(B) or (4) of this
    section must be redelivered to the owner before July 28, 1990.
    However, the Secretary may, on proof of circumstances beyond the
    control of the owner of a vessel affected by this section, extend
    the period for rebuilding in a foreign country permitted by this
    section.
      "(c)(1) Any fishery license or registry issued to a vessel built
    in a foreign country under this section shall be endorsed to
    restrict the vessel from catching, taking, or harvesting.
      "(2) Before being issued a fishery license, any vessel described
    in subsection (a)(2) of this section must be documented under an
    application for documentation acceptable to the Secretary filed
    before July 28, 1987, except that an alternative vessel of no
    greater tonnage than the vessel in the application may be
    substituted, if that substitution is made by the original
    applicant."

-CROSS-
                                DEFINITIONS                            
      Pub. L. 100-239, Sec. 6(d), Jan. 11, 1988, 101 Stat. 1782,
    provided that: "The terms in this Act [see Tables for
    classification] have the same meaning as in subtitle II [now also
    sections 114 and 115] of title 46, United States Code (as amended
    by this Act)."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    46 USC Sec. 12114                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION

-HEAD-
    Sec. 12114. Recreational endorsement

-STATUTE-
      (a) Requirements. - A recreational endorsement may be issued for
    a vessel that satisfies the requirements of section 12103 of this
    title.
      (b) Authorized Activity. - A vessel operating under a
    recreational endorsement may be operated only for pleasure.
      (c) Application of Customs Laws. - A vessel for which a
    recreational endorsement is issued may proceed between a port of
    the United States and a port of a foreign country without entering
    or clearing with the Secretary of Homeland Security. However, a
    recreational vessel is subject to the requirements for reporting
    arrivals under section 433 of the Tariff Act of 1930 (19 U.S.C.
    1433), and individuals on the vessel are subject to applicable
    customs regulations.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1498.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12114(a)       46:12109(a).                                         
    12114(b)       46:12109(c).                                         
                   46:12110(c).                                         
    12114(c)       46:12109(b).                                         
    --------------------------------------------------------------------

      In subsection (c), the words "Secretary of Homeland Security" are
    substituted for "Customs Service" because the functions of the
    Customs Service and of the Secretary of the Treasury relating
    thereto were transferred to the Secretary of Homeland Security by
    section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107-
    296, 116 Stat. 2178).

                             PRIOR PROVISIONS                         
      A prior section 12114, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    589; Pub. L. 99-36, Sec. 1(a)(8), May 15, 1985, 99 Stat. 67,
    originally derived from section 65c of former Title 46, Shipping,
    related to home ports, prior to being repealed by Pub. L. 100-710,
    title I, Secs. 106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752,
    effective Jan. 1, 1989.

-End-



-CITE-
    46 USC Sec. 12115                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION

-HEAD-
    Sec. 12115. Temporary endorsement for vessels procured outside the
      United States

-STATUTE-
      (a) General Authority. - The Secretary and the Secretary of
    State, acting jointly, may provide for the issuance of a
    certificate of documentation with an appropriate endorsement for a
    vessel procured outside the United States and meeting the ownership
    requirements of section 12103 of this title.
      (b) Authorized Activity. - Subject to limitations the Secretary
    may prescribe, a vessel documented under this section may proceed
    to the United States and engage en route in foreign trade or trade
    with Guam, American Samoa, Wake, Midway, or Kingman Reef.
      (c) Application of United States Jurisdiction and Laws. - A
    vessel documented under this section is subject to the jurisdiction
    and laws of the United States. However, if the Secretary considers
    it to be in the public interest, the Secretary may suspend for a
    period of not more than 6 months the application of a vessel
    inspection law carried out by the Secretary or regulations
    prescribed under that law.
      (d) Surrender of Certificate. - On the vessel's arrival in the
    United States, the certificate of documentation shall be
    surrendered as provided by regulations prescribed by the Secretary.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1498.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12115(a)       46:12112(a).                                         
    12115(b)       46:12112(b) (1st                                     
                    sentence).                                          
    12115(c)       46:12112(c).                                         
    12115(d)       46:12112(b) (last                                    
                    sentence).                                          
    --------------------------------------------------------------------


                             PRIOR PROVISIONS                         
      A prior section 12115, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    589, originally derived from section 65d of former Title 46,
    Shipping, related to names of vessels, prior to being repealed by
    Pub. L. 100-710, title I, Secs. 106(b)(5), 107(a), Nov. 23, 1988,
    102 Stat. 4752, effective Jan. 1, 1989.

-End-



-CITE-
    46 USC Sec. 12116                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION

-HEAD-
    Sec. 12116. Limited endorsements for Guam, American Samoa, and
      Northern Mariana Islands

-STATUTE-
      (a) Endorsements. - A vessel satisfying the requirements of
    subsection (b) may be issued - 
        (1) a coastwise endorsement to engage in the coastwise trade of
      fisheries products between places in Guam, American Samoa, and
      the Northern Mariana Islands; or
        (2) a fishery endorsement to engage in fishing in the
      territorial sea and fishery conservation zone adjacent to Guam,
      American Samoa, and the Northern Mariana Islands.

      (b) Requirements. - An endorsement may be issued under subsection
    (a) for a vessel that - 
        (1) satisfies the requirements of section 12103 of this title;
        (2) was not built in the United States, except that for an
      endorsement under subsection (a)(2), the vessel must not have
      been built or rebuilt in the United States;
        (3) is less than 200 gross tons as measured under section 14502
      of this title, or an alternate tonnage as measured under section
      14302 of this title as prescribed by the Secretary under section
      14104 of this title; and
        (4) otherwise qualifies under the laws of the United States to
      engage in the coastwise trade or the fisheries, as the case may
      be.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1499.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12116          46:12106(c).                                         
                   46:12108(c).                                         
    --------------------------------------------------------------------


                             PRIOR PROVISIONS                         
      A prior section 12116, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    589, originally derived from section 65f of former Title 46,
    Shipping, related to numbers, signal letters, and identification
    markings, prior to being repealed by Pub. L. 100-710, title I,
    Secs. 106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective
    Jan. 1, 1989.


-EXEC-
                     TERRITORIAL SEA OF UNITED STATES                 
      For extension of territorial sea of United States, see Proc. No.
    5928, set out as a note under section 1331 of Title 43, Public
    Lands.

-End-



-CITE-
    46 USC Sec. 12117                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION

-HEAD-
    Sec. 12117. Oil spill response vessels

-STATUTE-
      (a) Requirements. - A coastwise endorsement may be issued for a
    vessel that - 
        (1) satisfies the requirements for a coastwise endorsement,
      except for the ownership requirement otherwise applicable without
      regard to this section;
        (2) is owned by a not-for-profit oil spill response cooperative
      or by members of such a cooperative that dedicate the vessel to
      use by the cooperative;
        (3) is at least 50 percent owned by individuals or entities
      described in section 12103(b) of this title; and
        (4) is to be used only for - 
          (i) deploying equipment, supplies, and personnel to recover,
        contain, or transport oil discharged into the navigable waters
        of the United States or the exclusive economic zone; or
          (ii) training exercises to prepare to respond to such a
        discharge.

      (b) Deemed Owned by Citizens. - A vessel satisfying subsection
    (a) is deemed to be owned only by citizens of the United States
    under sections 12103, 12132, and 50501 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1499.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12117          46:12106(d).                                         
    --------------------------------------------------------------------


                             PRIOR PROVISIONS                         
      A prior section 12117, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    589; Pub. L. 100-710, title I, Sec. 104(a)(4), Nov. 23, 1988, 102
    Stat. 4750, originally derived from section 65q of former Title 46,
    Shipping, related to recording of United States built vessels,
    prior to the general amendment of this chapter by Pub. L. 109-304.
    See section 12137 of this title.

-End-



-CITE-
    46 USC Sec. 12118                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION

-HEAD-
    Sec. 12118. Owners engaged primarily in manufacturing or mineral
      industry

-STATUTE-
      (a) Definitions. - In this section:
        (1) Bowaters corporation. - The term "Bowaters corporation"
      means a corporation that has filed a certificate under oath with
      the Secretary, in the form and at the times prescribed by the
      Secretary, establishing that - 
          (A) the corporation is incorporated under the laws of the
        United States or a State;
          (B) a majority of the officers and directors of the
        corporation are individuals who are citizens of the United
        States;
          (C) at least 90 percent of the employees of the corporation
        are residents of the United States;
          (D) the corporation is engaged primarily in a manufacturing
        or mineral industry in the United States;
          (E) the total book value of the vessels owned by the
        corporation is not more than 10 percent of the total book value
        of the assets of the corporation; and
          (F) the corporation buys or produces in the United States at
        least 75 percent of the raw materials used or sold in its
        operations.

        (2) Parent. - The term "parent" means a corporation that has
      filed a certificate under oath with the Secretary, in the form
      and at the times prescribed by the Secretary, establishing that
      the corporation - 
          (A) is incorporated under the laws of the United States or a
        State; and
          (B) controls, directly or indirectly, at least 50 percent of
        the voting stock of a Bowaters corporation.

        (3) Subsidiary. - The term "subsidiary" means a corporation
      that has filed a certificate under oath with the Secretary, in
      the form and at the times prescribed by the Secretary,
      establishing that the corporation - 
          (A) is incorporated under the laws of the United States or a
        State; and
          (B) has at least 50 percent of its voting stock controlled,
        directly or indirectly, by a Bowaters corporation or its
        parent.

      (b) Deemed Citizen. - A Bowaters corporation is deemed to be a
    citizen of the United States for purposes of chapters 121, 551, and
    561 and section 80104 of this title.
      (c) Issuance of Documentation. - A certificate of documentation
    and appropriate endorsement may be issued for a vessel that - 
        (1) is owned by a Bowaters corporation;
        (2) was built in the United States; and
        (3)(A) is self-propelled and less than 500 gross tons as
      measured under section 14502 of this title, or an alternate
      tonnage as measured under section 14302 of this title as
      prescribed by the Secretary under section 14104 of this title; or
        (B) is not self-propelled.

      (d) Effects of Documentation. - 
        (1) In general. - Subject to paragraph (2) - 
          (A) a vessel documented under this section may engage in the
        coastwise trade; and
          (B) the vessel and its owner and master are entitled to the
        same benefits and are subject to the same requirements and
        penalties as if the vessel were otherwise documented or exempt
        from documentation under this chapter.

        (2) Transportation of passengers or merchandise. - A vessel
      documented under this section may transport passengers or
      merchandise for hire in the coastwise trade only - 
          (A) as a service for a parent or subsidiary of the
        corporation owning the vessel; or
          (B) when under a demise or bareboat charter, at prevailing
        rates for use not in the domestic noncontiguous trades, from
        the corporation owning the vessel to a carrier that - 
            (i) is subject to jurisdiction under subchapter II of
          chapter 135 of title 49;
            (ii) otherwise qualifies as a citizen of the United States
          under section 50501 of this title; and
            (iii) is not owned or controlled, directly or indirectly,
          by the corporation owning the vessel.

      (e) Validity of Corporate Certificate. - A certificate filed by a
    corporation under this section remains valid only as long as the
    corporation continues to satisfy the conditions required of the
    corporation by this section. When a corporation no longer satisfies
    those conditions, the corporation loses its status under this
    section and immediately shall surrender to the Secretary any
    documents issued to it based on that status.
      (f) Penalties. - 
        (1) Falsifying material fact. - If a corporation knowingly
      falsifies a material fact in a certificate filed under subsection
      (a), the vessel (or its value) documented or operated under this
      section shall be forfeited.
        (2) Transporting merchandise. - If a vessel transports
      merchandise for hire in violation of this section, the
      merchandise shall be forfeited to the United States Government.
        (3) Transporting passengers. - If a vessel transports
      passengers for hire in violation of this section, the vessel is
      liable for a penalty of $200 for each passenger so transported.
        (4) Remission or mitigation. - A penalty or forfeiture incurred
      under this subsection may be remitted or mitigated under section
      2107(b) of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1500.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12118(a)(1)    46 App.:883-1 (1st      June 5, 1920, ch. 250, Sec.  
                    par. words through      27A, as added Pub. L.       
                    cl. (e) less            85-902, Sept. 2, 1958, 72   
                    citizenship, 4th        Stat. 1736; Pub. L. 104-88, 
                    par. 1st sentence).     title III, Sec. 321(2), Dec.
                                            29, 1995, 109 Stat. 950;    
                                            Pub. L. 104-324, title VII, 
                                            Sec. 706, Oct. 19, 1996, 110
                                            Stat. 3934.                 
    12118(a)(      46 App.:883-1 (2d                                    
     2), (3)        par., 4th par. 2d                                   
                    sentence).                                          
    12118(b)       46 App.:883-1 (1st                                   
                    par. related to                                     
                    citizenship).                                       
    12118(c)       46 App.:883-1 (3d                                    
                    par. words before                                   
                    5th comma).                                         
    12118(d)(1)    46 App.:883-1 (3d                                    
                    par. words after                                    
                    5th comma).                                         
    12118(d)(2)    46 App.:883-1 (1st                                   
                    par. words after                                    
                    cl. (e)).                                           
    12118(e)       46 App.:883-1 (last                                  
                    par.).                                              
    12118(f)       46 App.:883-1 (4th                                   
                    par. 3d-6th                                         
                    sentences).                                         
    --------------------------------------------------------------------

      In this section, the word "Secretary" is substituted for
    "Secretary of the Treasury", thereby incorporating the definition
    of "Secretary" in section 2101 of title 46. The functions of the
    Secretary of the Treasury relating to the Coast Guard previously
    were transferred to the Secretary of Transportation by section 6(b)
    of the Department of Transportation Act (Pub. L. 89-670, Oct. 15,
    1966, 80 Stat. 938). The Coast Guard and the functions of the
    Secretary of Transportation relating to the Coast Guard were again
    transferred to the Department of Homeland Security by section
    888(b) of the Homeland Security Act of 2002 (Pub. L. 107-296, Nov.
    25, 2002, 116 Stat. 2135).
      In subsection (a)(1), the words "seeking hereunder to document a
    vessel under the laws of the United States or to operate a vessel
    exempt from documentation under the laws of the United States" are
    omitted as unnecessary because of the reorganization of the
    section.
      Subsection (d)(1)(B) is substituted for "together with their
    owners or masters, shall be entitled to all the other benefits and
    privileges and shall be subject to the same requirements,
    penalties, and forfeitures as may be applicable in the case of
    vessels built in the United States and otherwise documented or
    exempt from documentation under the laws of the United States" to
    eliminate unnecessary words.
      In subsection (d)(2), the words before subparagraph (A) are
    substituted for "no vessel owned by any such corporation shall
    engage in the fisheries or in the transportation of merchandise or
    passengers for hire between points in the United States, including
    Territories, Districts, and possessions thereof, embraced within
    the coastwise laws, except" to eliminate unnecessary words. See the
    definition of "United States" in chapter 1 of the revised title.

                             PRIOR PROVISIONS                         
      A prior section 12118, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    589, originally derived from section 65r of former Title 46,
    Shipping, related to registration of funnel marks and house flags,
    prior to being repealed by Pub. L. 100-710, title I, Secs.
    106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1,
    1989.

-End-



-CITE-
    46 USC Sec. 12119                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION

-HEAD-
    Sec. 12119. Owners engaged primarily in leasing or financing
      transactions

-STATUTE-
      (a) Definitions. - In this section:
        (1) Affiliate. - The term "affiliate" means, with respect to
      any person, any other person that is - 
          (i) directly or indirectly controlled by, under common
        control with, or controlling that person; or
          (ii) named as being part of the same consolidated group in
        any report or other document submitted to the United States
        Securities and Exchange Commission or the Internal Revenue
        Service.

        (2) Cargo. - The term "cargo" does not include cargo to which
      title is held for non-commercial reasons and primarily for the
      purpose of evading the requirements of subsection (c)(3).
        (3) Oil. - The term "oil" has the meaning given that term in
      section 2101(20) of this title.
        (4) Passive investment. - The term "passive investment" means
      an investment in which neither the investor nor any affiliate of
      the investor is involved in, or has the power to be involved in,
      the formulation, determination, or direction of any activity or
      function concerning the management, use, or operation of the
      asset that is the subject of the investment.
        (5) Qualified proprietary cargo. - The term "qualified
      proprietary cargo" means - 
          (A) oil, petroleum products, petrochemicals, or liquefied
        natural gas cargo that is beneficially owned by the person that
        submits to the Secretary an application or annual certification
        under subsection (c)(3), or by an affiliate of that person,
        immediately before, during, or immediately after the cargo is
        carried in coastwise trade on a vessel owned by that person;
          (B) oil, petroleum products, petrochemicals, or liquefied
        natural gas cargo not beneficially owned by the person that
        submits to the Secretary an application or an annual
        certification under subsection (c)(3), or by an affiliate of
        that person, but which is carried in coastwise trade by a
        vessel owned by that person and which is part of an arrangement
        in which vessels owned by that person and at least one other
        person are operated collectively as one fleet, to the extent
        that an equal amount of oil, petroleum products,
        petrochemicals, or liquefied natural gas cargo beneficially
        owned by that person, or by an affiliate of that person, is
        carried in coastwise trade on one or more other vessels, not
        owned by that person, or by an affiliate of that person, if the
        other vessel or vessels are also part of the same arrangement;
          (C) in the case of a towing vessel associated with a non-self-
        propelled tank vessel where both vessels function as a single
        self-propelled vessel, oil, petroleum products, petrochemicals,
        or liquefied natural gas cargo that is beneficially owned by
        the person that owns both the towing vessel and the non-self-
        propelled tank vessel, or any United States affiliate of that
        person, immediately before, during, or immediately after the
        cargo is carried in coastwise trade on either of those vessels;
        or
          (D) any oil, petroleum products, petrochemicals, or liquefied
        natural gas cargo carried on any vessel that is either a self-
        propelled tank vessel having a length of at least 210 meters
        or a tank vessel that is a liquefied natural gas carrier that -
        
            (i) was delivered by the builder of the vessel to the owner
          of the vessel after December 31, 1999; and
            (ii) was purchased by a person for the purpose, and with
          the reasonable expectation, of transporting on the vessel
          liquefied natural gas or unrefined petroleum beneficially
          owned by the owner of the vessel, or an affiliate of the
          owner, from Alaska to the continental United States.

        (6) United states affiliate. - The term "United States
      affiliate" means, with respect to any person, an affiliate the
      principal place of business of which is located in the United
      States.

      (b) Requirements. - A coastwise endorsement may be issued for a
    vessel if - 
        (1) the vessel satisfies the requirements for a coastwise
      endorsement, except for the ownership requirement otherwise
      applicable without regard to this section;
        (2) the person that owns the vessel (or, if the vessel is owned
      by a trust or similar arrangement, the beneficiary of the trust
      or similar arrangement) meets the requirements of subsection (c);
        (3) the vessel is under a demise charter to a person that
      certifies to the Secretary that the person is a citizen of the
      United States under section 50501 of this title for engaging in
      the coastwise trade; and
        (4) the demise charter is for a period of at least 3 years or a
      shorter period as may be prescribed by the Secretary.

      (c) Ownership Certification. - 
        (1) In general. - A person meets the requirements of this
      subsection if the person transmits to the Secretary each year the
      certification required by paragraph (2) or (3) with respect to a
      vessel.
        (2) Investment certification. - To meet the certification
      requirement of this paragraph, a person shall certify that it - 
          (A) is a leasing company, bank, or financial institution;
          (B) owns, or holds the beneficial interest in, the vessel
        solely as a passive investment;
          (C) does not operate any vessel for hire and is not an
        affiliate of any person that operates any vessel for hire; and
          (D) is independent from, and not an affiliate of, any
        charterer of the vessel or any other person that has the right,
        directly or indirectly, to control or direct the movement or
        use of the vessel.

        (3) Certain tank vessels. - 
          (A) In general. - To meet the certification requirement of
        this paragraph, a person shall certify that - 
            (i) the aggregate book value of the vessels owned by the
          person and United States affiliates of the person does not
          exceed 10 percent of the aggregate book value of all assets
          owned by the person and its United States affiliates;
            (ii) not more than 10 percent of the aggregate revenues of
          the person and its United States affiliates is derived from
          the ownership, operation, or management of vessels;
            (iii) at least 70 percent of the aggregate tonnage of all
          cargo carried by all vessels owned by the person and its
          United States affiliates and documented with a coastwise
          endorsement is qualified proprietary cargo;
            (iv) any cargo other than qualified proprietary cargo
          carried by all vessels owned by the person and its United
          States affiliates and documented with a coastwise endorsement
          consists of oil, petroleum products, petrochemicals, or
          liquified natural gas;
            (v) no vessel owned by the person or any of its United
          States affiliates and documented with a coastwise endorsement
          carries molten sulphur; and
            (vi) the person owned one or more vessels documented under
          this section as of August 9, 2004.

          (B) Application only to certain vessels. - A person may make
        a certification under this paragraph only with respect to - 
            (i) a tank vessel having a tonnage of at least 6,000 gross
          tons, as measured under section 14502 of this title (or an
          alternative tonnage measured under section 14302 of this
          title as prescribed by the Secretary under section 14104 of
          this title); or
            (ii) a towing vessel associated with a non-self-propelled
          tank vessel that meets the requirements of clause (i), where
          both vessels function as a single self-propelled vessel.

      (d) Filing of Demise Charter. - The demise charter and any
    amendments to the charter shall be filed with the certification
    required by subsection (b)(3) or within 10 days after filing an
    amendment to the charter. The charter and amendments shall be made
    available to the public.
      (e) Continuation of Endorsement After Termination of Charter. -
    When a charter required by subsection (b)(3) is terminated for
    default by the charterer, the Secretary may continue the coastwise
    endorsement for not more than 6 months on terms and conditions the
    Secretary may prescribe.
      (f) Deemed Owned by Citizens. - A vessel satisfying the
    requirements of this section is deemed to be owned only by citizens
    of the United States under sections 12103 and 50501 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1501.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12119(a)       46:12106(f)(4).                                      
    12119(b)       46:12106(e)(1).                                      
    12119(c)       46:12106(f)(1)-(3).                                  
    12119(d)       46:12106(e)(2).                                      
    12119(e)       46:12106(e)(3).                                      
    12119(f)       46:12106(e)(4).                                      
    --------------------------------------------------------------------

      In subsection (b), in paragraph (1), the words "satisfies the
    requirements for a coastwise endorsement, except for the ownership
    requirement otherwise applicable without regard to this section"
    are substituted for "otherwise eligible for documentation under
    this section" in 46 U.S.C. 12106(e)(1)(E) for clarity. Subparagraph
    (A) of 46 U.S.C. 12106(e)(1) is omitted as redundant to the general
    requirements in revised section 12112 on coastwise endorsements.
      In subsection (c)(3), the words "documented with a coastwise
    endorsement" are substituted for "documented under this section"
    because former section 12106 is being divided into multiple
    sections.
      Subsection (e) is substituted for "(3) Upon termination by a
    demise charterer required under paragraph (1)(C), the coastwise
    endorsement of the vessel may, in the sole discretion of the
    Secretary, be continued after the termination for default of the
    demise charter for a period not to exceed 6 months on such terms
    and conditions as the Secretary may prescribe" for clarity and to
    eliminate unnecessary words.

                             PRIOR PROVISIONS                         
      A prior section 12119, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    589; Pub. L. 100-710, title I, Sec. 104(a)(4), Nov. 23, 1988, 102
    Stat. 4750, originally derived from sections 65s and 881 of former
    Title 46, Shipping, related to list of documented vessels, prior to
    the general amendment of this chapter by Pub. L. 109-304. See
    section 12138 of this title.

                    APPLICATION TO CERTAIN CERTIFICATES                
      Pub. L. 108-293, title VI, Sec. 608(c), Aug. 9, 2004, 118 Stat.
    1057, provided that:
      "(1) In general. - The amendments made by this section [amending
    provisions from which this section was derived], and any
    regulations published after February 4, 2004, with respect to
    coastwise endorsements, shall not apply to a certificate of
    documentation, or renewal thereof, endorsed with a coastwise
    endorsement for a vessel under section 12106(e) [now section
    12119(b), (d)-(f)] of title 46, United States Code, or a
    replacement vessel of a similar size and function, that was issued
    prior to the date of enactment of this Act [Aug. 9, 2004] as long
    as the vessel is owned by the person named therein, or by a
    subsidiary or affiliate of that person, and the controlling
    interest in such owner has not been transferred to a person that
    was not an affiliate of such owner as of the date of enactment of
    this Act. Notwithstanding the preceding sentence, however, the
    amendments made by this section shall apply, beginning 3 years
    after the date of enactment of this Act, with respect to offshore
    supply vessels (as defined in section 2101(19) of title 46, United
    States Code, as that section was in effect on the date of enactment
    of this Act) with a certificate of documentation endorsed with a
    coastwise endorsement as of the date of enactment of this Act, and
    the Secretary of the Department in which the Coast Guard is
    operating shall revoke any such certificate if the vessel does not
    by then meet the requirements of section 12106(e) of title 46,
    United States Code, as amended by this section.
      "(2) Replacement Vessel. - For the purposes of this subsection,
    'replacement vessel' means - 
        "(A) a temporary replacement vessel for a period of not to
      exceed 180 days if the vessel described in paragraph (1) is
      unavailable due to an act of God or a marine casualty; or
        "(B) a permanent replacement vessel if - 
          "(i) the vessel described in paragraph (1) is unavailable for
        more than 180 days due to an act of God or a marine casualty;
        or
          "(ii) a contract to purchase or construct such replacement
        vessel is executed not later than December 31, 2004."

             WAIVER OF QUALIFIED PROPRIETARY CARGO REQUIREMENT         
      Pub. L. 108-293, title VI, Sec. 608(d), Aug. 9, 2004, 118 Stat.
    1057, provided that: "The Secretary of Transportation shall waive
    or reduce the qualified proprietary cargo requirement of section
    12106(f)(3)(A)(iii) [now section 12119(c)(3)(A)(iii)] of title 46,
    United States Code, for a vessel if the person that owns the vessel
    (or, if the vessel is owned by a trust or similar arrangement, the
    beneficiary of the trust or similar arrangement) notifies the
    Secretary that circumstances beyond the direct control of such
    person or its affiliates prevent, or reasonably threaten to
    prevent, such person from satisfying such requirement, and the
    Secretary does not, with good cause, determine otherwise. The
    waiver or reduction shall apply during the period of time that such
    circumstances exist."

-End-



-CITE-
    46 USC Sec. 12120                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION

-HEAD-
    Sec. 12120. Liquified gas tankers

-STATUTE-
      Notwithstanding any agreement with the United States Government,
    the Secretary may issue a certificate of documentation with a
    coastwise endorsement for a vessel to transport liquified natural
    gas or liquified petroleum gas to Puerto Rico from other ports in
    the United States, if the vessel - 
        (1) is a foreign built vessel that was built before October 19,
      1996; or
        (2) was documented under this chapter before that date, even if
      the vessel is placed under a foreign registry and subsequently
      redocumented under this chapter for operation under this section.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1504.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12120          46 App.:883 note.       Pub. L. 104-324, title VII,  
                                            Sec. 1120(f), Oct. 19, 1996,
                                            110 Stat. 3978.             
    --------------------------------------------------------------------

      The words "Notwithstanding section 27 of the Merchant Marine Act,
    1920 (46 App. U.S.C. 883), section 12106 of title 46, United States
    Code, section 506 of the Merchant Marine Act, 1936 (46 App. U.S.C.
    1156)" are omitted as unnecessary. The words "the Commonwealth of"
    are omitted as unnecessary and for consistency in the revised
    title.

                             PRIOR PROVISIONS                         
      A prior section 12120, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    589; Pub. L. 100-710, title I, Sec. 104(a)(4), Nov. 23, 1988, 102
    Stat. 4750; Pub. L. 108-293, title IV, Sec. 401, Aug. 9, 2004, 118
    Stat. 1042; Pub. L. 109-241, title III, Sec. 308, July 11, 2006,
    120 Stat. 528, originally derived from section 65t of former Title
    46, Shipping, related to reports, prior to the general amendment of
    this chapter by Pub. L. 109-304. See section 12139 of this title.

-End-



-CITE-
    46 USC Sec. 12121                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER II - ENDORSEMENTS AND SPECIAL DOCUMENTATION

-HEAD-
    Sec. 12121. Small passenger vessels and uninspected passenger
      vessels

-STATUTE-
      (a) Definitions. - In this section:
        (1) Eligible vessel. - The term "eligible vessel" means a
      vessel that - 
          (A) was not built in the United States and is at least 3
        years old; or
          (B) if rebuilt, was rebuilt outside the United States at
        least 3 years before the certificate requested under subsection
        (b) would take effect.

        (2) Small passenger vessel; uninspected passenger vessel;
      passenger for hire. - The terms "small passenger vessel",
      "uninspected passenger vessel", and "passenger for hire" have the
      meaning given those terms in section 2101 of this title.

      (b) Issuance of Certificate and Endorsement. - Notwithstanding
    sections 12112, 12113, 55102, and 55103 of this title, the
    Secretary may issue a certificate of documentation with an
    appropriate endorsement for employment in the coastwise trade as a
    small passenger vessel or an uninspected passenger vessel in the
    case of an eligible vessel authorized to carry no more than 12
    passengers for hire if the Secretary of Transportation, after
    notice and an opportunity for public comment, determines that the
    employment of the vessel in the coastwise trade will not adversely
    affect - 
        (1) United States vessel builders; or
        (2) the coastwise trade business of any person that employs
      vessels built in the United States in that business.

      (c) Revocation. - 
        (1) For fraud. - The Secretary shall revoke a certificate or
      endorsement issued under subsection (b) if the Secretary of
      Transportation, after notice and an opportunity for a hearing,
      determines that the certificate or endorsement was obtained by
      fraud.
        (2) Other provisions not affected. - Paragraph (1) does not
      affect - 
          (A) the criminal prohibition on fraud and false statements in
        section 1001 of title 18; or
          (B) any other authority of the Secretary to revoke a
        certificate or endorsement issued under subsection (b).

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1504.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12121          46:12106 note.          Pub. L. 105-383, title V,    
                                            Secs. 502-504, Nov. 13,     
                                            1998, 112 Stat. 3445; Pub.  
                                            L. 107-295, title II, Sec.  
                                            207(c)(2), Nov. 25, 2002,   
                                            116 Stat. 2097.             
    --------------------------------------------------------------------

      The definition of "Secretary" is omitted for consistency in the
    chapter.

                             PRIOR PROVISIONS                         
      A prior section 12121, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    589, originally derived from section 65v(2) of former Title 46,
    Shipping, related to the authority of the Secretary to prescribe
    regulations to carry out this chapter, prior to being repealed by
    Pub. L. 100-710, title I, Secs. 106(b)(5), 107(a), Nov. 23, 1988,
    102 Stat. 4752, effective Jan. 1, 1989.
      A prior section 12122, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    590; Pub. L. 99-307, Sec. 1(16), May 19, 1986, 100 Stat. 446; Pub.
    L. 104-324, title III, Sec. 301(a), (b), Oct. 19, 1996, 110 Stat.
    3916; Pub. L. 105-277, div. C, title II, Sec. 203(f), Oct. 21,
    1998, 112 Stat. 2681-620; Pub. L. 106-31, title III, Sec. 3027(b),
    May 21, 1999, 113 Stat. 101; Pub. L. 108-293, title IV, Sec.
    404(b), Aug. 9, 2004, 118 Stat. 1043, originally derived from
    sections 65n and 65u(a) of former Title 46, Shipping, related to
    penalties, prior to the general amendment of this chapter by Pub.
    L. 109-304. See section 12151 of this title.
      A prior section 12123, added Pub. L. 102-587, title V, Sec.
    5213(a)(3), Nov. 4, 1992, 106 Stat. 5077, related to denial and
    revocation of endorsements, prior to the general amendment of this
    chapter by Pub. L. 109-304. See section 12152 of this title.
      Another prior section 12123, added Pub. L. 102-388, title III,
    Sec. 348(a), Oct. 6, 1992, 106 Stat. 1554, related to the denial
    and revocation of trade or recreational endorsement upon failure of
    vessel's owner to pay assessment of civil penalty for violation of
    law, prior to repeal by Pub. L. 104-324, title VII, Sec. 746(a)(1),
    Oct. 19, 1996, 110 Stat. 3943.
      A prior section 12124, added Pub. L. 105-383, title IV, Sec.
    401(a)(2), Nov. 13, 1998, 112 Stat. 3424, related to surrender of
    title and number, prior to the general amendment of this chapter by
    Pub. L. 109-304. See section 12106 of this title.

                             EFFECT OF REPEAL                         
      Pub. L. 107-295, title II, Sec. 207(c)(1), Nov. 25, 2002, 116
    Stat. 2097, provided that: "Section 505 of the Coast Guard
    Authorization Act of 1998 [Pub. L. 105-383] ([formerly] 46 U.S.C.
    12106 note) is repealed. The repeal of section 505 shall have no
    effect on the validity of any certificate or endorsement issued
    under section 502 of that Act [now 46 U.S.C. 12121(b)]."

-End-


-CITE-
    46 USC SUBCHAPTER III - MISCELLANEOUS                       01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
                      SUBCHAPTER III - MISCELLANEOUS                  

-End-



-CITE-
    46 USC Sec. 12131                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
    Sec. 12131. Command of documented vessels

-STATUTE-
      (a) In General. - Except as provided in subsection (b), a
    documented vessel may be placed under the commmand (!1) only of a
    citizen of the United States.

      (b) Exceptions. - Subsection (a) does not apply to - 
        (1) a vessel with only a recreational endorsement; or
        (2) an unmanned barge operating outside of the territorial
      waters of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1505.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12131          46:12110(d).                                         
    --------------------------------------------------------------------


-FOOTNOTE-
    (!1) So in original. Probably should be "command".


-End-



-CITE-
    46 USC Sec. 12132                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
    Sec. 12132. Loss of coastwise trade privileges

-STATUTE-
      (a) Sold Foreign or Placed Under Foreign Registry. - A vessel of
    more than 200 gross tons (as measured under chapter 143 of this
    title), eligible to engage in the coastwise trade, and later sold
    foreign in whole or in part or placed under foreign registry may
    not thereafter engage in the coastwise trade.
      (b) Rebuilt Outside the United States. - A vessel eligible to
    engage in the coastwise trade and later rebuilt outside the United
    States may not thereafter engage in the coastwise trade.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1505.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12132(a)       46 App.:883 (1st        June 5, 1920, ch. 250, Sec.  
                    proviso).               27 (1st proviso, 2d proviso 
                                            less meaning of "rebuilt"), 
                                            41 Stat. 999; July 2, 1935, 
                                            ch. 355, 49 Stat. 442; July 
                                            14, 1956, ch. 600, Sec. 1,  
                                            70 Stat. 544; Pub. L.       
                                            86-583, Sec. 1, July 5,     
                                            1960, 74 Stat. 321; Pub. L. 
                                            100-239, Sec. 6(c)(1), Jan. 
                                            11, 1988, 101 Stat. 1782;   
                                            Pub. L. 104-324, title XI,  
                                            Sec. 1120(e), Oct. 19, 1996,
                                            110 Stat. 3978.             
    12132(b)       46 App.:883 (2d                                      
                    proviso less                                        
                    meaning of                                          
                    "rebuilt").                                         
    --------------------------------------------------------------------

      In subsection (a), the words "eligible to engage in the coastwise
    trade" are substituted for "having at any time acquired the lawful
    right to engage in the coastwise trade, either by virtue of having
    been built in, or documented under the laws of the United States",
    and the words "thereafter engage" are substituted for "hereafter
    acquire the right to engage", to eliminate unnecessary words.
      In subsection (b), the words "eligible to engage in the coastwise
    trade" are substituted for "which has acquired the lawful right to
    engage in the coastwise trade, by virtue of having been built in or
    documented under the laws of the United States", and the words
    "thereafter engage" are substituted for "have the right thereafter
    to engage", to eliminate unnecessary words. See section 12101 for
    the meaning of "rebuilt in the United States".

-End-



-CITE-
    46 USC Sec. 12133                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
    Sec. 12133. Duty to carry certificate on vessel and allow
      examination

-STATUTE-
      (a) Duty To Carry. - The certificate of documentation of a vessel
    shall be carried on the vessel unless the vessel is exempt by
    regulation from carrying the certificate.
      (b) Availability. - The owner or individual in charge of a vessel
    required to carry its certificate of documentation shall make the
    certificate available for examination at the request of an officer
    enforcing the revenue laws or as otherwise required by law or
    regulation.
      (c) Criminal Penalty. - A person willfully violating subsection
    (b) shall be fined under title 18, imprisoned for not more than one
    year, or both.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1505.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12133          46:12103(e).                                         
                   46 App.:277.            R.S. Sec. 4336; Aug. 5,      
                                            1935, ch. 438, title III,   
                                            Sec. 312, 49 Stat. 528; Pub.
                                            L. 85-237, Sec. 2, Aug. 30, 
                                            1957, 71 Stat. 518; Pub. L. 
                                            103-182, title VI, Sec.     
                                            686(a)(5), Dec. 8, 1993, 107
                                            Stat. 2220.                 
    --------------------------------------------------------------------

      This section consolidates and clarifies the requirements
    contained in the source provisions. The specific civil penalties
    are omitted as unnecessary because of the general civil penalty in
    section 12151(a) of the revised title. See also 19 U.S.C. 1581.

-End-



-CITE-
    46 USC Sec. 12134                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
    Sec. 12134. Evidentiary uses of documentation

-STATUTE-
      A certificate of documentation is - 
        (1) conclusive evidence of nationality for international
      purposes, but not in a proceeding conducted under the laws of the
      United States;
        (2) conclusive evidence of qualification to engage in a
      specified trade; and
        (3) not conclusive evidence of ownership in a proceeding in
      which ownership is in issue.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1506.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12134          46:12104.                                            
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 12135                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
    Sec. 12135. Invalidation of certificates of documentation

-STATUTE-
      A certificate of documentation or an endorsement on the
    certificate is invalid if the vessel for which it is issued - 
        (1) no longer meets the requirements of this chapter and
      regulations prescribed under this chapter applicable to the
      certificate or endorsement; or
        (2) is placed under the command of an individual not a citizen
      of the United States in violation of section 12131 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1506.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12135          46:12111(a).                                         
    --------------------------------------------------------------------

      In paragraph (2), the words "except for a recreational
    endorsement" are omitted as unnecessary because a recreational
    endorsement does not permit a vessel to engage in a trade.

-End-



-CITE-
    46 USC Sec. 12136                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
    Sec. 12136. Surrender of certificates of documentation

-STATUTE-
      (a) Surrender. - An invalid certificate of documentation, or a
    certificate with an invalid endorsement, shall be surrendered as
    provided by regulations prescribed by the Secretary.
      (b) Conditions for Surrender. - 
        (1) Vessels over 1,000 tons. - The Secretary may condition
      approval of the surrender of the certificate of documentation for
      a vessel over 1,000 gross tons.
        (2) Vessels covered by mortgage. - The Secretary may approve
      the surrender of the certificate of documentation of a vessel
      covered by a mortgage filed or recorded under section 31321 of
      this title only if the mortgagee consents.
        (3) Notice of lien. - The Secretary may not refuse to approve
      the surrender of the certificate of documentation for a vessel
      solely on the basis that a notice of a claim of a lien on the
      vessel has been recorded under section 31343(a) of this title.

      (c) Continued Application of Certain Laws. - 
        (1) In general. - Notwithstanding subsection (a), until the
      certificate of documentation is surrendered with the approval of
      the Secretary, a documented vessel is deemed to continue to be
      documented under this chapter for purposes of - 
          (A) chapter 313 of this title for an instrument filed or
        recorded before the date of invalidation and an assignment
        after that date;
          (B) sections 56101 and 56102(a)(2) and chapter 563 of this
        title; and
          (C) any other law of the United States identified by the
        Secretary by regulation as a law to which the Secretary applies
        this subsection.

        (2) Exception. - This subsection does not apply when a vessel
      is forfeited or sold by order of a district court of the United
      States.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1506.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12136(a)       46:12111(b).                                         
    12136(b)(1)    46:12111(d)(2).                                      
    12136(b)(2)    46:12111(c)(3).                                      
    12136(b)(3)    46:12111(d)(1).                                      
    12136(c)(1)    46:12111(c)(1).                                      
    12136(c)(2)    46:12111(c)(2).                                      
    --------------------------------------------------------------------

      In subsection (a), the words "or a certificate with an invalid
    endorsement" are added for clarity.

                 DOCUMENTATION SURRENDER AND INVALIDATION             
      Pub. L. 101-225, title III, Sec. 301(b), Dec. 12, 1989, 103 Stat.
    1922, provided that: "Section 12111(c)(3) [now section 12136(b)(2)]
    of title 46, United States Code, does not apply to a mortgage that -
     
        "(1) was filed or recorded before January 1, 1989; and
        "(2) was not a preferred mortgage (as that term is defined in
      section 31301(6) of that title) on that date."

-End-



-CITE-
    46 USC Sec. 12137                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
    Sec. 12137. Recording of vessels built in the United States

-STATUTE-
      The Secretary may provide for recording and certifying
    information about vessels built in the United States that the
    Secretary considers to be in the public interest.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1507.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12137          46:12117.                                            
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 12138                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
    Sec. 12138. List of documented vessels

-STATUTE-
      (a) In General. - The Secretary shall publish periodically a list
    of all documented vessels and information about those vessels that
    the Secretary considers pertinent or useful. The list shall contain
    a notation clearly indicating all vessels classed by the American
    Bureau of Shipping.
      (b) Vessels for Cable Laying, Maintenance, and Repair. - 
        (1) In general. - The Secretary of Transportation shall
      develop, maintain, and periodically update an inventory of
      vessels that are documented under this chapter, are at least 200
      feet in length, and have the capability to lay, maintain, or
      repair a submarine cable, without regard to whether a particular
      vessel is classed as a cable ship or cable vessel.
        (2) Information to be included. - For each vessel listed in the
      inventory, the Secretary of Transportation shall include in the
      inventory - 
          (A) the name, length, beam, depth, and other distinguishing
        characteristics of the vessel;
          (B) the abilities and limitations of the vessel with respect
        to laying, maintaining, and repairing a submarine cable; and
          (C) the name and address of the person to whom inquiries
        regarding the vessel may be made.

        (3) Publication. - The Secretary of Transportation shall
      publish in the Federal Register an updated inventory every 6
      months.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1507.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12138(a)       46:12119.                                            
    12138(b)       46:12119 note.          Pub. L. 107-295, title IV,   
                                            Sec. 403, Nov. 25, 2002, 116
                                            Stat. 2114.                 
    --------------------------------------------------------------------

      In subsection (b), the word "Secretary" is substituted for
    "Secretary of Transportation" for consistency in the chapter.

-End-



-CITE-
    46 USC Sec. 12139                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
    Sec. 12139. Reports

-STATUTE-
      (a) In General. - To ensure compliance with this chapter and laws
    governing the qualifications of vessels to engage in the coastwise
    trade and the fisheries, the Secretary may require owners, masters,
    and charterers of documented vessels to submit reports in any
    reasonable form and manner the Secretary may prescribe.
      (b) Vessels Rebuilt Outside United States. - 
        (1) In general. - Under regulations prescribed by the
      Secretary, if a vessel exceeding the tonnage specified in
      paragraph (2) and documented or last documented under the laws of
      the United States is rebuilt outside the United States, the owner
      or master shall submit a report of the rebuilding to the
      Secretary.
        (2) Tonnage. - The tonnage referred to in paragraph (1) is - 
          (A) 500 gross tons as measured under section 14502 of this
        title; or
          (B) an alternate tonnage as measured under section 14302 of
        this title as prescribed by the Secretary under section 14104
        of this title.

        (3) Timing of submission. - If the rebuilding is completed in
      the United States, the report shall be submitted when the
      rebuilding is completed. If the rebuilding is completed outside
      the United States, the report shall be submitted when the vessel
      first arrives at a port in the customs territory of the United
      States.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1507; Pub. L. 109-
    241, title III, Sec. 308, July 11, 2006, 120 Stat. 528.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      Subsection (a) of this section was derived from former section
    12120 of this title, which was amended by Pub. L. 109-241, title
    III, Sec. 308, July 11, 2006, 120 Stat. 528. For applicability of
    that amendment to this section, see section 18(a) of Pub. L. 109-
    304, set out as a Legislative Purpose and Construction note
    preceding section 101 of this title. Former section 12120 was
    amended by striking "owners, masters, and charterers" and inserting
    "owners, masters, charterers, and mortgagees".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12139(a)       46:12120.                                            
    12139(b)       46 App.:883a (1st       July 14, 1956, ch. 600, Sec. 
                    sentence).              2 (1st sentence), 70 Stat.  
                                            544; Pub. L. 86-583, Sec. 2,
                                            July 5, 1960, 74 Stat. 321; 
                                            Pub. L. 104-324, title VII, 
                                            Sec. 707, Oct. 19, 1996, 110
                                            Stat. 3934.                 
    --------------------------------------------------------------------

      In subsection (b)(1), the word "Secretary" is substituted for
    "Secretary of the Treasury", thereby incorporating the definition
    of "Secretary" in section 2101 of title 46. The functions of the
    Secretary of the Treasury relating to the Coast Guard previously
    were transferred to the Secretary of Transportation by section 6(b)
    of the Department of Transportation Act (Pub. L. 89-670, Oct. 15,
    1966, 80 Stat. 938). The Coast Guard and the functions of the
    Secretary of Transportation relating to the Coast Guard were again
    transferred to the Department of Homeland Security by section
    888(b) of the Homeland Security Act of 2002 (Pub. L. 107-296, Nov.
    25, 2002, 116 Stat. 2135). The words "rebuilt outside the United
    States" are substituted for "and any part of the rebuilding,
    including the construction of major components of the hull and
    superstructure of the vessel, is not effected within the United
    States, its Territories (not including trust territories) or its
    possessions" because of the definition of "rebuilt" in section
    12101, and the definition of "United States" in chapter 1, of the
    revised title.

-End-


-CITE-
    46 USC SUBCHAPTER IV - PENALTIES                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER IV - PENALTIES

-HEAD-
                         SUBCHAPTER IV - PENALTIES                     

-End-



-CITE-
    46 USC Sec. 12151                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER IV - PENALTIES

-HEAD-
    Sec. 12151. Penalties

-STATUTE-
      (a) In General. - A person that violates this chapter or a
    regulation prescribed under this chapter is liable to the United
    States Government for a civil penalty of not more than $10,000.
    Each day of a continuing violation is a separate violation.
      (b) Seizure and Forfeiture of Vessels. - A vessel and its
    equipment are liable to seizure by and forfeiture to the Government
    if - 
        (1) the owner of the vessel or the representative or agent of
      the owner knowingly falsifies or conceals a material fact, or
      knowingly makes a false statement or representation, about the
      documentation of the vessel or in applying for documentation of
      the vessel;
        (2) a certificate of documentation is knowingly and
      fraudulently used for the vessel;
        (3) the vessel is operated after its endorsement has been
      denied or revoked under section 12152 of this title;
        (4) the vessel is employed in a trade without an appropriate
      endorsement;
        (5) the vessel has only a recreational endorsement and is
      operated other than for pleasure;
        (6) the vessel is a documented vessel and is placed under the
      command of a person not a citizen of the United States, except as
      authorized by section 12131(b) of this title; or
        (7) the vessel is rebuilt outside the United States and a
      report of the rebuilding is not submitted as required by section
      12139(b) of this title.

      (c) Engaging in Fishing After Falsifying Eligibility. - In
    addition to other penalties under this section, the owner of a
    documented vessel for which a fishery endorsement has been issued
    is liable to the Government for a civil penalty of not more than
    $100,000 for each day the vessel engages in fishing (as defined in
    section 3 of the Magnuson-Stevens Fishery Conservation and
    Management Act (16 U.S.C. 1802)) within the exclusive economic
    zone, if the owner or the representative or agent of the owner
    knowingly falsified or concealed a material fact, or knowingly made
    a false statement or representation, about the eligibility of the
    vessel under section 12113(c) or (d) of this title in applying for
    or applying to renew the fishery endorsement.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1508.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12151(a)       46:12122(a).                                         
    12151(b)       46:12122(b).                                         
                   46 App.:14 (last        R.S. Sec. 4136 (last         
                    proviso).               proviso); Feb. 24, 1915, ch.
                                            57, 38 Stat. 812; Pub. L.   
                                            103-182, title VI, Sec.     
                                            686(a)(4), Dec. 8, 1993, 107
                                            Stat. 2220.                 
                   46 App.:883a (2d,       July 14, 1956, ch. 600, Sec. 
                    last sentences).        2 (2d, last sentences), 70  
                                            Stat. 544; Pub. L. 86-583,  
                                            Sec. 2, July 5, 1960, 74    
                                            Stat. 321.                  
    12151(c)       46:12122(c).                                         
    --------------------------------------------------------------------

      In subsection (b), in restating 46 App. U.S.C. 883a (2d, last
    sentences), the penalty of $200 for the owner and master of the
    vessel is omitted because subsection (a) provides a general civil
    penalty for violation of this chapter. The authority to remit or
    mitigate a penalty under section 2107(b) is omitted because section
    2107(b) applies to subtitle II and this section is in subtitle II.

-End-



-CITE-
    46 USC Sec. 12152                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 121 - DOCUMENTATION OF VESSELS
    SUBCHAPTER IV - PENALTIES

-HEAD-
    Sec. 12152. Denial or revocation of endorsement for non-payment of
      civil penalty

-STATUTE-
      If the owner of a vessel fails to pay a civil penalty imposed by
    the Secretary, the Secretary may deny the issuance or renewal of an
    endorsement, or revoke the endorsement, on a certificate of
    documentation issued for the vessel under this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 5, Oct. 6, 2006, 120 Stat. 1508.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    12152          46:12123.                                            
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 123 - NUMBERING UNDOCUMENTED VESSELS         01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 123 - NUMBERING UNDOCUMENTED VESSELS

-HEAD-
               CHAPTER 123 - NUMBERING UNDOCUMENTED VESSELS           

-MISC1-
    Sec.                                                     
    12301.      Numbering vessels.                                    
    12302.      Standard numbering system.                            
    12303.      Exemption from numbering requirements.                
    12304.      Certificates of numbers.                              
    12305.      Displaying numbers.                                   
    12306.      Safety certificates.                                  
    12307.      Regulations on numbering and fees.                    
    12308.      Providing vessel numbering and registration
                 information.                                         
    12309.      Penalties.                                            

-End-



-CITE-
    46 USC Sec. 12301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 123 - NUMBERING UNDOCUMENTED VESSELS

-HEAD-
    Sec. 12301. Numbering vessels

-STATUTE-
      (a) An undocumented vessel equipped with propulsion machinery of
    any kind shall have a number issued by the proper issuing authority
    in the State in which the vessel principally is operated.
      (b) The Secretary shall require an undocumented barge more than
    100 gross tons operating on the navigable waters of the United
    States to be numbered.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 590; Pub. L. 102-587, title
    V, Sec. 5305, Nov. 4, 1992, 106 Stat. 5083.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    12301                                 46:1466                       
    --------------------------------------------------------------------

      Section 12301 requires that undocumented vessels that are
    propelled by machinery be issued an identification number by the
    proper issuing authority in the State in which the vessel is
    primarily operated.

                                AMENDMENTS                            
      1992 - Pub. L. 102-587 designated existing provisions as subsec.
    (a) and added subsec. (b).

-End-



-CITE-
    46 USC Sec. 12302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 123 - NUMBERING UNDOCUMENTED VESSELS

-HEAD-
    Sec. 12302. Standard numbering system

-STATUTE-
      (a) The Secretary shall prescribe by regulation a standard
    numbering system for vessels to which this chapter applies. On
    application by a State, the Secretary shall approve a State
    numbering system that is consistent with the standard numbering
    system. In carrying out its numbering system, a State shall adopt
    any definitions of relevant terms prescribed by regulations of the
    Secretary.
      (b) A State with an approved numbering system is the issuing
    authority within the meaning of this chapter. The Secretary is the
    issuing authority in a State in which a State numbering system has
    not been approved.
      (c) When a vessel is numbered in a State, it is deemed in
    compliance with the numbering system of a State in which it
    temporarily is operated.
      (d) When a vessel is removed to a new State of principal
    operation, the issuing authority of that State shall recognize the
    validity of the number issued by the original State for 60 days.
      (e) If a State has a numbering system approved after the
    Secretary issues a number, the State shall recognize the validity
    of the number issued by the Secretary for one year.
      (f) When the Secretary decides that a State numbering system is
    not being carried out consistent with the standard numbering system
    or the State has changed the system without the Secretary's
    approval, the Secretary may withdraw approval after giving notice
    to the State, in writing, stating the reasons for the withdrawal.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 590.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    12302                                 46:1467                       
    --------------------------------------------------------------------

      Section 12302 provides for a standard numbering system for
    undocumented vessels and for approval of State numbering systems by
    the Secretary. It also requires that a State, when implementing its
    numbering system, adopt any relevant terms required by the
    Secretary. In States without approved numbering systems, the
    Federal Government issues the numbers. This section also provides
    for the operation of a vessel in a State other than the one in
    which it was numbered.

-End-



-CITE-
    46 USC Sec. 12303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 123 - NUMBERING UNDOCUMENTED VESSELS

-HEAD-
    Sec. 12303. Exemption from numbering requirements

-STATUTE-
      (a) When the Secretary is the authority issuing a number under
    this chapter, the Secretary may exempt a vessel or class of vessels
    from the numbering requirements of this chapter under conditions
    the Secretary may prescribe.
      (b) When a State is the issuing authority, it may exempt from the
    numbering requirements of this chapter a vessel or class of vessels
    exempted under subsection (a) of this section or otherwise as
    permitted by the Secretary.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 591.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    12303                                 46:1468                       
    --------------------------------------------------------------------

      Section 12303 permits the Secretary and any State, when it is the
    issuing authority, to exempt vessels from the numbering
    requirements.

-End-



-CITE-
    46 USC Sec. 12304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 123 - NUMBERING UNDOCUMENTED VESSELS

-HEAD-
    Sec. 12304. Certificates of numbers

-STATUTE-
      (a) A certificate of number is granted for a number issued under
    this chapter. The certificate shall be pocketsized, shall be at all
    times available for inspection on the vessel for which issued when
    the vessel is in operation, and may be valid for not more than 3
    years. The certificate of number for a vessel less than 26 feet in
    length and leased or rented to another for the latter's
    noncommercial operation of less than 7 days may be retained on
    shore by the vessel's owner or representative at the place from
    which the vessel departs or returns to the possession of the owner
    or the owner's representative. A vessel that does not have the
    certificate of number on board shall be identified when in
    operation, and comply with requirements, as the issuing authority
    prescribes.
      (b) The owner of a vessel numbered under this chapter shall
    provide - 
        (1) the issuing authority notice of the transfer of any part of
      the owner's interest in the vessel or of the destruction or
      abandonment of the vessel, within a reasonable time after the
      transfer, destruction, or abandonment; and
        (2) notice of a change of address within a reasonable time of
      the change, as prescribed by regulation.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 591.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    12304                                 46:1469                       
    --------------------------------------------------------------------

      Section 12304 describes a certificate of number and stipulates
    when it must be carried on board a vessel. It also requires that
    the number issuing authority be notified when a boat is sold,
    transferred, destroyed, or abandoned, or when the owner's address
    changes.

-End-



-CITE-
    46 USC Sec. 12305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 123 - NUMBERING UNDOCUMENTED VESSELS

-HEAD-
    Sec. 12305. Displaying numbers

-STATUTE-
      A number required by this chapter shall be painted on, or
    attached to, each side of the forward half of the vessel for which
    it was issued, and shall be the size, color, and type as may be
    prescribed by the Secretary. No other number may be carried on the
    forward half of the vessel.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 591.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    12305                                 46:1470                       
    --------------------------------------------------------------------

      Section 12305 describes the manner in which a number must be
    displayed on a vessel, and prohibits the display of other numbers
    on the forward half of the vessel.

-End-



-CITE-
    46 USC Sec. 12306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 123 - NUMBERING UNDOCUMENTED VESSELS

-HEAD-
    Sec. 12306. Safety certificates

-STATUTE-
      When a State is the authority issuing a number under this
    chapter, it may require that the individual in charge of a numbered
    vessel have a valid safety certificate issued under conditions set
    by the issuing authority, except when the vessel is subject to
    manning requirements under part F of this subtitle.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 591.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    12306                                 46:1471                       
    --------------------------------------------------------------------

      Section 12306 authorizes a State that is an issuing authority to
    require a numbered vessel operator to hold a valid safety
    certificate, unless the vessel is subject to manning requirements
    under part F of this subtitle.

-End-



-CITE-
    46 USC Sec. 12307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 123 - NUMBERING UNDOCUMENTED VESSELS

-HEAD-
    Sec. 12307. Regulations on numbering and fees

-STATUTE-
      The authority issuing a number under this chapter may prescribe
    regulations and establish fees to carry out the intent of this
    chapter. The fees shall apply equally to residents and nonresidents
    of the State. A State issuing authority may impose only conditions
    for vessel numbering that are - 
        (1) prescribed by this chapter or regulations of the Secretary
      about the standard numbering system; or
        (2) related to proof of payment of State or local taxes.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 591.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    12307                                 46:1472                       
    --------------------------------------------------------------------

      Section 12307 provides the States or the Secretary with the
    authority to prescribe regulations and establish fees for carrying
    out the requirements of this chapter. The fee must apply equally to
    residents and nonresidents of the State in which the vessel is
    numbered.

-End-



-CITE-
    46 USC Sec. 12308                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 123 - NUMBERING UNDOCUMENTED VESSELS

-HEAD-
    Sec. 12308. Providing vessel numbering and registration information

-STATUTE-
      A person may request from an authority issuing a number under
    this chapter the numbering and registration information of a vessel
    that is retrievable from vessel numbering system records of the
    issuing authority. When the issuing authority is satisfied that the
    request is reasonable and related to a boating safety purpose, the
    information shall be provided on paying the cost of retrieving and
    providing the information requested.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 592.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    12308                                 46:1473                       
    --------------------------------------------------------------------

      Section 12308 requires the number issuing authority to supply for
    a fee, numbering and registration information to any person, upon
    request, if the request is reasonable and related to boating
    safety.

-End-



-CITE-
    46 USC Sec. 12309                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 123 - NUMBERING UNDOCUMENTED VESSELS

-HEAD-
    Sec. 12309. Penalties

-STATUTE-
      (a) A person willfully violating this chapter or a regulation
    prescribed under this chapter shall be fined not more than $5,000,
    imprisoned for not more than one year, or both.
      (b) A person violating this chapter or a regulation prescribed
    under this chapter is liable to the United States Government for a
    civil penalty of not more than $1,000. If the violation involves
    the operation of a vessel, the vessel also is liable in rem for the
    penalty.
      (c) When a civil penalty of not more than $200 has been assessed
    under this chapter, the Secretary may refer the matter of
    collection of the penalty directly to the United States magistrate
    judge of the jurisdiction in which the person liable may be found
    for collection procedures under supervision of the district court
    and under an order issued by the court delegating this authority
    under section 636(b) of title 28.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 592; Pub. L. 101-650, title
    III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    12309(a)                              46:1483                       
    12309(b)                              46:1484(b)                    
    12309(c)                              46:1484(d)                    
    --------------------------------------------------------------------

      Section 12309 provides for civil and criminal penalties for
    violation of the vessel numbering provisions in this title.

-CHANGE-
                              CHANGE OF NAME                          
      "United States magistrate judge" substituted for "United States
    magistrate" in subsec. (c) pursuant to section 321 of Pub. L. 101-
    650, set out as a note under section 631 of Title 28, Judiciary
    and Judicial Procedure.

-End-


-CITE-
    46 USC CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
                CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM            

-MISC1-
    Sec.                                                     
    12501.      Establishment of a vessel identification system.      
    12502.      Identification numbers, signal letters, and markings. 
    12503.      Information available to the system.                  
    12504.      Information available from the system.                
    12505.      Fees.                                                 
    12506.      Delegation of authority.                              
    12507.      Penalties.                                            

                       HISTORICAL AND REVISION NOTES                   
      Section 101 of H.R. 3105, as amended, adds a new chapter 125 to
    title 46, United States Code, to establish a vessel identification
    system for all vessels of the United States. This would include
    vessels documented under chapter 121 of title 46, numbered under
    chapter 123 of that title, or titled under the law of a State. This
    new chapter consists of new sections 12501-12507 as follows.

-End-



-CITE-
    46 USC Sec. 12501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12501. Establishment of a vessel identification system

-STATUTE-
      (a) The Secretary of Transportation shall establish a vessel
    identification system to make available information under section
    12503 of this title for use by the public for law enforcement and
    other purposes relating to - 
        (1) the ownership of documented vessels;
        (2) the ownership of vessels numbered under chapter 123 of this
      title; and
        (3) the ownership of vessels titled under the law of a State.

      (b) The vessel identification system shall include information
    prescribed by the Secretary including - 
        (1) identifying a vessel;
        (2) identifying the owner of the vessel, including - 
          (A) the owner's social security number or, if that number is
        not available, other means of identification acceptable to the
        Secretary; or
          (B) for an owner other than an individual - 
            (i) the owner's taxpayer identification number; or
            (ii) if the owner does not have a taxpayer identification
          number, the social security number of an individual who is a
          corporate officer, general partner, or individual trustee of
          the owner and who signed the application for documentation or
          numbering for the vessel;

        (3) identifying the State in which it is titled or numbered;
        (4) indicating whether the vessel is numbered or titled, or
      both;
        (5) if titled in a State, indicating where evidence of a lien
      or other security interest may be found against the vessel in
      that State; and
        (6) information assisting law enforcement officials.

      (c) The Secretary may maintain information under this chapter in
    connection with any other information system maintained by the
    Secretary.

-SOURCE-
    (Added Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102
    Stat. 4735; amended Pub. L. 101-225, title III, Sec. 302(1), Dec.
    12, 1989, 103 Stat. 1922; Pub. L. 101-595, title VI, Sec. 603(10),
    Nov. 16, 1990, 104 Stat. 2993.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12501
      Subsection (a) of section 12501 requires the Secretary of
    Transportation to establish a system of information concerning
    vessels of the United States for law enforcement and other
    purposes. The Secretary is required to make available information
    from the system relating to the ownership of vessels documented
    under chapter 121 of title 46, numbered under chapter 123 of that
    title, and titled under the law of a State. The information is
    available under section 12503 for use by the public, similarly
    under the Ship Mortgage Act, 1920.
      Subsection (b) lists the vessel identification information which
    is required to be maintained by the Secretary. The Secretary has
    the authority to prescribe other information to be maintained in
    addition to the items listed. For example, the Secretary may
    identify vessels issued fisheries permits by the Department of
    Commerce. The Secretary may also monitor transactions involving
    vessels that require approval by the Secretary under section 9 of
    the Shipping Act, 1916 (46 App. U.S.C. 808) before interest or
    control in the vessel may be transferred to a noncitizen.
      Subsection (c) clarifies that the Secretary has the flexibility
    to maintain this system in connection with any other information
    system maintained by the Secretary, including the Federal Aviation
    Administration system containing aircraft ownership information.
    This would also permit the Secretary to combine various systems and
    data bases maintained by the Secretary such as documentation and
    numbering of vessels, and safety, casualty, and law enforcement
    statistics.

                                AMENDMENTS                            
      1990 - Subsec. (b)(2)(A). Pub. L. 101-595 amended subpar. (A)
    generally. Prior to amendment, subpar. (A) read as follows: "the
    owner's social security number; or".
      1989 - Subsec. (b)(2). Pub. L. 101-225 amended par. (2)
    generally, adding subpars. (A) and (B).

                              EFFECTIVE DATE                          
      Chapter effective Jan. 1, 1989, with certain exceptions and
    qualifications, see section 107 of Pub. L. 100-710, set out as a
    note under section 31301 of this title.

     RECORDS AND OTHER INFORMATION; ESTABLISHMENT, CENTRALIZATION AND
                              COMPUTERIZATION
      Pub. L. 100-710, title I, Sec. 104(e)(2), Nov. 23, 1988, 102
    Stat. 4751, provided that: "To establish, centralize, and
    computerize records and other information maintained under chapters
    121, 125, and 313 of title 46, United States Code, from the
    effective date of this title [Jan. 1, 1989, with certain exceptions
    and qualifications, see section 107 of Pub. L. 100-710, set out as
    a note under section 31301 of this title] through September 30,
    1993, the Secretary of Transportation shall spend (out of amounts
    appropriated for the Department of Transportation under an
    appropriations law) not less than an amount that is equal to the
    amounts estimated to be - 
        "(A) collected under section 9701 of title 31, United States
      Code, for fees paid for services and things of value provided
      under chapter 313 of title 46, United States Code (as enacted by
      section 101 of this Act), and for documenting vessels under
      chapter 121 of title 46; and
        "(B) transferred to or collected by the Secretary under chapter
      125 of title 46, United States Code (as enacted by section 101 of
      this Act)."

       PERSONNEL AND EQUIPMENT; RECRUITMENT, COMPENSATION, TRAINING,
                         PURCHASING, OR DEPLOYMENT
      Pub. L. 100-710, title I, Sec. 104(g), Nov. 23, 1988, 102 Stat.
    4751, provided that: "Nothing in this section [amending sections
    2101, 2110, 12102, 12103, 12105, 12110, 12112, 12117, 12119, and
    12120 of this title and sections 808, 1242, and 1271 of the
    Appendix to this title, and enacting provisions set out as notes
    under sections 12501, 12502, and 12505 of this title] requires the
    Coast Guard to recruit, compensate, train, purchase, or deploy any
    personnel or equipment to carry out chapter 125 of title 46, United
    States Code (as enacted by section 101 of this Act), except to the
    extent that appropriations are made available in an appropriations
    law for the Department of Transportation."
      [For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.]

-End-



-CITE-
    46 USC Sec. 12502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12502. Identification numbers, signal letters, and markings

-STATUTE-
      (a) For the identification of a vessel of the United States, the
    Secretary of Transportation - 
        (1) shall maintain a unique numbering system and assign a
      number to each vessel of the United States;
        (2) may maintain a system of signal letters for a documented
      vessel;
        (3) shall record a name selected by the owner of a documented
      vessel approved by the Secretary as the vessel's name of record;
      and
        (4) may establish other identification markings.

      (b) The manufacturer or owner of a vessel shall affix to the
    vessel and maintain in the manner prescribed by the Secretary the
    number assigned and any other markings the Secretary may require.
      (c) Once a number is assigned under this section, it may not be
    used by another vessel.
      (d) Once a documented vessel's name is established, the name may
    not be changed without the approval of the Secretary.
      (e) A person may not tamper with or falsify a number or other
    marking required under this section.

-SOURCE-
    (Added Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102
    Stat. 4736.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12502
      Subsection (a) of this section requires the Secretary to maintain
    a unique numbering system for vessels of the United States. The
    Secretary may use existing vessel numbering systems such as the
    hull identification number for this purpose, but must ensure that
    no two existing vessels of the United States have the same number.
    The Secretary should consider and propose the use of a 17-digit
    number to implement this requirement. This subsection also requires
    the Secretary to maintain a system of signal letters and to record
    vessel names for documented vessels. The Secretary is authorized to
    establish other vessel identification markings for vessels of the
    United States, such as hailing ports.
      Subsections (b), (c), (d), and (e) contain other requirements and
    restrictions concerning vessel identification markings.
      This section consolidates the requirements of sections 12114,
    12115, 12116, and 12118 of title 46. For this reason, section 106
    of this bill repeals those sections.

     VESSELS NOT HAVING UNIQUE NUMBER; APPLICABILITY OF PROVISIONS FOR
                             NUMBER ASSIGNMENT
      Pub. L. 100-710, title I, Sec. 104(f), Nov. 23, 1988, 102 Stat.
    4751, provided that: "Section 12502(a)(1) of title 46, United
    States Code (as enacted by section 101 of this Act), applies to a
    vessel of the United States that does not have a unique number as
    prescribed by the Secretary of Transportation under that section
    until the earlier of the following:
        "(1) the next time the vessel is documented, numbered, or
      titled.
        "(2) January 1, 1995."

-End-



-CITE-
    46 USC Sec. 12503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12503. Information available to the system

-STATUTE-
      (a) Except as provided in subsections (b) and (c) of this
    section, a State or a State's delegate approved by the Secretary of
    Transportation may make information available to the Secretary if,
    in a manner and form prescribed by the Secretary, the State - 
        (1) identifies the vessel;
        (2) identifies the owner of the vessel, including by - 
          (A) the owner's social security number or, if that number is
        not available, other means of identification acceptable to the
        Secretary; or
          (B) for an owner other than an individual - 
            (i) the owner's taxpayer identification number; or
            (ii) if the owner does not have a taxpayer identification
          number, the social security number of an individual who is a
          corporate officer, general partner, or individual trustee of
          the owner and who signed the application for documentation or
          numbering for the vessel;

        (3) identifies the State in which it is titled or numbered;
        (4) indicates whether the vessel is numbered or titled, or
      both;
        (5) if titled in a State, indicates where evidence of a lien or
      other security interest may be found against the vessel in that
      State;
        (6) includes information to assist law enforcement; and
        (7) includes other information agreed to by the Secretary and
      the State.

      (b) Except as provided in subsection (c) of this section, the
    Secretary also may accept information under conditions and in a
    manner and form prescribed by the Secretary.
      (c) The Secretary shall - 
        (1) retain information on a vessel with a preferred mortgage
      under section 31322(d) of this title that is no longer titled in
      a State making information available to the Secretary under this
      chapter until the mortgage is discharged or the vessel is sold;
      and
        (2) accept information under section 31321(h) of this title
      only if that information cannot be provided to a State.

-SOURCE-
    (Added Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102
    Stat. 4736; amended Pub. L. 101-225, title III, Sec. 302(2), Dec.
    12, 1989, 103 Stat. 1922; Pub. L. 101-595, title VI, Sec. 603(10),
    Nov. 16, 1990, 104 Stat. 2993; Pub. L. 109-304, Sec. 15(24), Oct.
    6, 2006, 120 Stat. 1704.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12503
      Subsection (a) of section 12503 allows a State or approved State
    delegee to make vessel identification information available to the
    Secretary. Participation in the system is voluntary on the part of
    a State. A benefit to boat purchasers and financiers in States with
    approved titling systems participating in this system is that
    vessel mortgages or financing instruments made in those States are
    deemed to be preferred mortgages under chapter 313 of title 46,
    United States Code (as codified and enacted by this Act).
      Under subsection (a), the Secretary may prescribe the manner and
    form in which the information is made available by the States. In
    this regard, the Committee intends that the Secretary employ the
    most efficient, up-to-date computer technology in maintaining
    information made available from the States to avoid duplication of
    effort in maintaining information and to reduce the costs of the
    system. In addition to the vessel identification information made
    available by States under paragraphs (1)-(6), the Secretary and a
    State may agree that the State make available other information.
    For example, the purpose for which a vessel is routinely used would
    be valuable information for the system.
      The Committee intends that most of the information in the system
    will become available directly and exclusively from the States to
    the greatest extent possible. However, under subsection (b), the
    Secretary may accept information from others under conditions and
    in a manner and form prescribed by the Secretary. Thus, if the
    Secretary discovers a valuable and reliable source of data that can
    be conveniently made available to the system, the Secretary can
    approve it.
      Under paragraph (c)(1), the Secretary must maintain information
    on a State-titled vessel with a preferred mortgage that moves to a
    nonparticipating, nontitle State, until the mortgage is discharged
    or the vessel is sold. Under paragraph (c)(2), the Secretary must
    accept information submitted under section 31321 of title 46 (as
    enacted by this Act) concerning a discharge of a preferred mortgage
    on a vessel title under State law. This would be necessary if the
    vessel moves to a nonparticipating State, and information on that
    vessel would not be provided to the system by that State. This
    subsection will allow the Secretary to keep the vessel information
    system current on these matters and purge files no longer required
    to be maintained.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-304 substituted "delegate" for
    "delegee" in introductory provisions.
      1990 - Subsec. (a)(2)(A). Pub. L. 101-595 amended subpar. (A)
    generally. Prior to amendment, subpar. (A) read as follows: "the
    owner's social security number; or".
      1989 - Subsec. (a)(2). Pub. L. 101-225 amended par. (2)
    generally, adding subpars. (A) and (B).

-End-



-CITE-
    46 USC Sec. 12504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12504. Information available from the system

-STATUTE-
      For law enforcement or other purposes and under conditions
    prescribed by the Secretary of Transportation, the Secretary - 
        (1) shall make available information in the vessel
      identification system to a State making information available
      under section 12503(a) of this title; and
        (2) may make available information in the vessel identification
      system to others.

-SOURCE-
    (Added Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102
    Stat. 4736; amended Pub. L. 101-225, title III, Sec. 302(3), Dec.
    12, 1989, 103 Stat. 1923.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12504
      This section requires that the Secretary make available
    information maintained in the vessel identification system to a
    State participating in the system for law enforcement or other
    purposes. The Secretary may make available information in the
    system to others, under conditions the Secretary may prescribe. At
    first, the Secretary may elect to deal only with the States.
    However, the Committee firmly expects that information will be made
    available through computer terminals in satellite offices or direct
    computer access by modem. In this manner, boating organizations or
    financial or documentation services could retrieve data without
    paper transactions for a fee.

                                AMENDMENTS                            
      1989 - Pub. L. 101-225 substituted "Secretary of Transportation,
    the Secretary" for "Secretary, the Secretary of Transportation".

-End-



-CITE-
    46 USC Sec. 12505                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12505. Fees

-STATUTE-
      (a) The Secretary of Transportation may charge a fee under
    section 9701 of title 31 for providing information to or requesting
    information from the vessel identification system, except to - 
        (1) an agency; or
        (2) a State making information available to the Secretary under
      section 12503(a) of this title.

      (b) The Secretary shall deposit amounts transferred or collected
    under this section in the general fund of the Treasury as
    proprietary receipts of the Secretary and ascribed to the vessel
    identification system.

-SOURCE-
    (Added Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102
    Stat. 4737; amended Pub. L. 101-595, title VI, Sec. 603(11), Nov.
    16, 1990, 104 Stat. 2993.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12505
      This section contains the authority for the Secretary to charge a
    fee under the user charge law, 31 U.S.C. 9701, for providing
    information to or requesting information from the vessel
    identification system. Fees may not be charged under this
    subsection to an agency or a State that is participating in the
    vessel identification system maintained by the Secretary.
      Under subsection (b) of this section, the Secretary may collect
    an annual fee of not more than $1.00 from the owner of a vessel of
    the United States under 31 U.S.C. 9701 for the vessel
    identification system. Since vessel owners will benefit from the
    vessel identification system, such as from documentation of
    ownership data and stolen vessel tracking, this fee is designed as
    a maintenance charge to owners for this service. The collection of
    the annual fee may be delayed by the Secretary, and an agency,
    State, or person may be employed to collect the fee under
    subsection (c). The Committee expects that the Secretary will make
    agreements with States to collect this fee at the time of vessel
    registrations. The term of these registrations varies from one to
    three years as permitted by chapter 123 of title 46.
      Under subsection (d) of this section, if a State is employed to
    collect the fee, the State may retain one-half of the amounts
    collected, and must transfer the remainder to the Secretary. The
    amounts retained by a State may be used to cover the costs of
    making vessel identification information available to the
    Secretary. This includes upgrading or establishing titling systems
    as well as making improvements and other changes to vessel
    numbering systems to make information available. Because States are
    allowed to make improvements to their vessel titling and numbering
    systems with the amounts retained under this section, the costs of
    those programs may decrease. This could result in a corresponding
    decrease in State numbering fees and offset vessel identification
    system fees paid by vessel owners.

                                AMENDMENTS                            
      1990 - Subsec. (b). Pub. L. 101-595 redesignated subsec. (e) as
    (b) and struck out former subsec. (b) which read as follows: "In
    addition to any fee under subsection (a) of this section, the
    Secretary may collect an annual fee of not more than $1.00 from the
    owner of each vessel of the United States under section 9701 of
    title 31 for maintaining the vessel identification system. However,
    the collection of that fee may be delayed under conditions
    prescribed by the Secretary."
      Subsecs. (c), (d). Pub. L. 101-595 struck out subsecs. (c) and
    (d) which read as follows:
      "(c) The Secretary may employ any agency, State, or person to
    collect the fee established under subsection (b) of this section.
      "(d) If a State is employed to collect a fee under subsection (c)
    of this section, the State may retain one-half of the amounts
    collected. A State shall transfer one-half of the amounts collected
    under subsection (b) of this section to the Secretary."
      Subsec. (e). Pub. L. 101-595 redesignated subsec. (e) as (b).
      Subsec. (f). Pub. L. 101-595 struck out subsec. (f) which read as
    follows: "The amounts retained by a State under this section may be
    used to make information available to the Secretary and to pay
    incremental administrative costs."

                     ANNUAL FEE PRIOR TO JAN. 1, 1992                 
      Pub. L. 100-710, title I, Sec. 104(e)(1), Nov. 23, 1988, 102
    Stat. 4751, provided that: "Before January 1, 1992, the annual fee
    under section 12505 of title 46, United States Code (as enacted by
    section 101 of this Act), is $1.00."

-End-



-CITE-
    46 USC Sec. 12506                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12506. Delegation of authority

-STATUTE-
      The Secretary of Transportation may delegate to an agency, a
    State, or a qualified person the authority to - 
        (1) establish and maintain the vessel identification system;
      and
        (2) charge fees under section 12505 of this title to a person
      making information available to or requesting information from
      the vessel identification system.

-SOURCE-
    (Added Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102
    Stat. 4737.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12506
      This section allows the Secretary to delegate the authority to
    establish and maintain the vessel identification system to an
    agency, a State, or a qualified person. The Secretary may also
    delegate the authority to charge fees under section 12505 for
    requesting information from or making information available to the
    vessel identification system.

-End-



-CITE-
    46 USC Sec. 12507                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12507. Penalties

-STATUTE-
      (a) A person shall be fined under title 18, imprisoned for not
    more than 2 years, or both, if the person with the intent to
    defraud - 
        (1) provides false information to the Secretary of
      Transportation or a State issuing authority regarding the
      identification of a vessel under this chapter; or
        (2) tampers with, removes, or falsifies the unique vessel
      identification number assigned to a vessel under section 12502 of
      this title.

      (b) A person is liable to the United States Government for a
    civil penalty of not more than $10,000 if the person - 
        (1) provides false information to the Secretary or a State
      issuing authority regarding the identification of a vessel under
      this chapter;
        (2) violates section 12502 of this title; or
        (3) fails to comply with requirements prescribed by the
      Secretary under section 12505 of this title.

      (c) A vessel involved in a violation of this chapter, or
    regulation under this chapter, and its equipment, may be seized by,
    and forfeited to, the Government.
      (d) If a person, not an individual, is involved in a violation of
    this chapter, the president or chief executive of the person also
    is subject to any penalty provided under this section.

-SOURCE-
    (Added Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102
    Stat. 4737.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12507
      This section establishes criminal and civil penalties for certain
    violations of chapter 125 of title 46 (as enacted by this Act).

-End-


-CITE-
    46 USC Part I - State Boating Safety Programs               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs

-HEAD-
                  PART I - STATE BOATING SAFETY PROGRAMS              

-End-


-CITE-
    46 USC CHAPTER 131 - RECREATIONAL BOATING SAFETY            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs
    CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-
                 CHAPTER 131 - RECREATIONAL BOATING SAFETY             

-MISC1-
    Sec.                                                     
    13101.      Definitions.                                          
    13102.      State recreational boating safety programs.           
    13103.      Program acceptance.                                   
    13104.      Allocations.                                          
    13105.      Availability of allocations.                          
    13106.      Computation decisions about State amounts expended.   
    13107.      Authorization of appropriations.                      
    13108.      Computing amounts allocated to States and State
                 records requirements.                                
    13109.      Consultation, cooperation, and regulation.            
    13110.      National Boating Safety Advisory Council.             

                       HISTORICAL AND REVISION NOTES                   
      This Chapter establishes the recreational boating safety and
    facility program administered by the Coast Guard. The general
    purpose is to encourage State participation in boating safety
    education and enforcement activities.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 16(b)(3), Oct. 6, 2006, 120 Stat.
    1705, added item 13101 and redesignated former items 13101 to 13106
    as 13102 to 13107, respectively.
      1998 - Pub. L. 105-178, title VII, Sec. 7405(c)(2), June 9, 1998,
    112 Stat. 488, substituted "appropriations" for "contract spending"
    in item 13106.
      1984 - Pub. L. 98-369, div. A, title X, Sec. 1016(c)(2), July 18,
    1984, 98 Stat. 1020, struck out item 13107 "National Recreational
    Boating Safety and Facilities Improvement Fund".

-End-



-CITE-
    46 USC Sec. 13101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs
    CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-
    Sec. 13101. Definitions

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 109-304, Sec. 16(b)(2), Oct. 6, 2006, 120 Stat. 1705.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Section 16 of the bill [H.R. 1442, which became Pub. L. 109-304]
    moves the definitions relating to the recreational boating safety
    program from section 2102(a)(1) and (3) to chapter 131 because the
    terms only appear in chapter 131.
      Section 16 of the bill also eliminates the special definitions of
    "State" and "United States" in section 2102(a)(2) as including the
    Trust Territory of the Pacific Islands because the Trust Territory
    has been terminated. See the definitions of "State" and "United
    States" in section 2101, which are being moved to chapter 1 and
    being made applicable title-wide. Those definitions already include
    the Northern Mariana Islands, the only component of the former
    Trust Territory still under United States sovereignty.

                             PRIOR PROVISIONS                         
      A prior section 13101 was renumbered section 13102 of this title.

-End-



-CITE-
    46 USC Sec. 13102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs
    CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-
    Sec. 13102. State recreational boating safety programs

-STATUTE-
      (a) To encourage greater State participation and uniformity in
    boating safety efforts, and particularly to permit the States to
    assume the greater share of boating safety education, assistance,
    and enforcement activities, the Secretary shall carry out a
    national recreational boating safety program. Under this program,
    the Secretary shall make contracts with, and allocate and
    distribute amounts to, eligible States to assist them in
    developing, carrying out, and financing State recreational boating
    safety programs.
      (b) The Secretary shall establish guidelines and standards for
    the program. In doing so, the Secretary - 
        (1) shall consider, among other things, factors affecting
      recreational boating safety by contributing to overcrowding and
      congestion of waterways, such as the increasing number of
      recreational vessels operating on those waterways and their
      geographic distribution, the availability and geographic
      distribution of recreational boating facilities in and among
      applying States, and State marine casualty and fatality
      statistics for recreational vessels;
        (2) shall consult with the Secretary of the Interior to
      minimize duplication with the purposes and expenditures of the
      Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 -
      460l-11) the Federal Aid in Sport Fish Restoration Act of 1950
      (16 U.S.C. 777-777k), and with the guidelines developed under
      those Acts; and
        (3) shall maintain environmental standards consistent with the
      Coastal Zone Management Act of 1972 (16 U.S.C. 1451-1464) and
      other laws and policies of the United States intended to
      safeguard the ecological and esthetic quality of the waters and
      wetlands of the United States.

      (c) A State whose recreational boating safety program has been
    approved by the Secretary is eligible for allocation and
    distribution of amounts under this chapter to assist that State in
    developing, carrying out, and financing its program. Matching
    amounts shall be allocated and distributed among eligible States by
    the Secretary as provided by section 13104 of this title.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 592, Sec. 13101; Pub. L. 98-
    369, div. A, title X, Sec. 1011(b), July 18, 1984, 98 Stat. 1013;
    Pub. L. 101-595, title III, Sec. 312(a), Nov. 16, 1990, 104 Stat.
    2987; renumbered Sec. 13102 and amended Pub. L. 109-304, Sec.
    16(b)(1), (c)(3), Oct. 6, 2006, 120 Stat. 1705, 1706.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    13101                                 46:1474                       
    --------------------------------------------------------------------

      Section 13101(a) authorizes the Secretary to make contracts with,
    and allocate amounts to eligible States to assist them in carrying
    out their recreational boating safety and facilities improvement
    programs.
      Subsection (b) requires the Secretary to establish guidelines and
    standards for the program, and specifies specific conditions the
    Secretary must consider, requires consultation with the Secretary
    of the Interior, and to maintain environmental standards consistent
    with the Coastal Zone Management Act.
      Subsection (c) makes the States who meet the standards prescribed
    by the Secretary eligible for the amounts authorized under this
    chapter.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Land and Water Conservation Fund Act of 1965, referred to in
    subsec. (b)(2), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as
    amended, which is classified generally to part B (Sec. 460l-4 et
    seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 460l-4 of Title 16 and Tables.
      The Federal Aid in Sport Fish Restoration Act of 1950, referred
    to in subsec. (b)(2), is act Aug. 9, 1950, ch. 658, 64 Stat. 430,
    as amended, also known as the Dingell-Johnson Sport Fish
    Restoration Act, the Federal Aid in Fish Restoration Act, and the
    Fish Restoration and Management Projects Act, which is classified
    generally to chapter 10B (Sec. 777 et seq.) of Title 16. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 777 of Title 16 and Tables.
      The Coastal Zone Management Act of 1972, referred to in subsec.
    (b)(3), is title III of Pub. L. 89-454 as added by Pub. L. 92-583,
    Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified
    generally to chapter 33 (Sec. 1451 et seq.) of Title 16. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1451 of Title 16 and Tables.


-MISC2-
                             PRIOR PROVISIONS                         
      A prior section 13102 was renumbered section 13103 of this title.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 16(b)(1), renumbered section 13101
    of this title as this section.
      Subsec. (c). Pub. L. 109-304, Sec. 16(c)(3), substituted "section
    13104" for "section 13103".
      1990 - Subsec. (b)(2). Pub. L. 101-595 substituted "the Federal
    Aid in Sport Fish Restoration Act of 1950 (16 U.S.C. 777-777k), and
    with the guidelines developed under those Acts; and" for "and with
    the guidelines developed under that Act; and".
      1984 - Subsec. (a). Pub. L. 98-369, Sec. 1011(b), struck out "and
    facility improvement" after "in boating safety", struck out "and
    facilities improvement" in two places after "recreational boating
    safety", and substituted "shall" for "may" in second sentence.
      Subsec. (c). Pub. L. 98-369, Sec. 1011(b)(1)(B), struck out "and
    facilities improvement" after "recreational boating safety".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Pub. L. 98-369, div. A, title X, subtitle B, part I, subpart A
    (Secs. 1010-1013), Sec. 1013, July 18, 1984, 98 Stat. 1014,
    provided that: "The amendments made by this subpart [amending this
    section and sections 2102, 13102, 13103, 13105, 13106, 13108, and
    13109 of this title and enacting a provision set out as a note
    under this section] shall take effect on October 1, 1984, and shall
    apply with respect to fiscal years beginning after September 30,
    1984."

                SURVEY OF FUEL USE BY RECREATIONAL VESSELS            
      Pub. L. 100-448, Sec. 6(d), Sept. 28, 1988, 102 Stat. 1841,
    provided that:
      "(1) In general. - The Secretary of Transportation and the
    Secretary of the Interior shall jointly conduct a survey of - 
        "(A) the number, size, and primary uses of recreational vessels
      operating on the waters of the United States; and
        "(B) the amount and types of fuel used by those vessels.
      "(2) Authorization of contracts. - The Secretary of
    Transportation and the Secretary of the Interior may enter into
    contracts for the performance of a survey pursuant to this
    subsection.
      "(3) Report. - The Secretary of the Interior and the Secretary of
    Transportation shall jointly submit a report to the Speaker of the
    House of Representatives and to the President pro tempore of the
    Senate which describes the results of the survey conducted pursuant
    to this section not later than November 15, 1992.
      "(4) Funding. - Activities under this subsection may be carried
    out - 
        "(A) using amounts available to the Secretary of the Interior
      for administrative expenses under the Act entitled 'An Act to
      provide that the United States shall aid the States in fish
      restoration and management projects, and for other purposes' (64
      Stat. 430; 16 U.S.C. 777 et seq.); and
        "(B) subject to appropriations, using amounts available to the
      Secretary of Transportation under section 13106(a)(1) [now
      section 13107(a)(1)] of title 46, United States Code (as amended
      by this Act)."

          CONGRESSIONAL DECLARATION OF POLICY FOR 1984 AMENDMENT      
      Pub. L. 98-369, div. A, title X, subtitle B, part I (Secs. 1010-
    1017), Sec. 1010, July 18, 1984, 98 Stat. 1012, provided that: "It
    is declared to be the policy of Congress and the purpose of this
    part [enacting sections 4162 and 9504 of Title 26, Internal Revenue
    Code, amending this section, sections 2102, 13102, 13103, 13105,
    13106, 13108, and 13109 of this title, sections 777, 777b to 777e,
    777g, and 777k of Title 16, Conservation, and sections 4161 and
    9503 of Title 26, repealing section 13107 of this title, and
    enacting provisions set out as notes under this section, section
    777 of Title 16, and sections 4161, 4162, and 9504 of Title 26] to
    improve recreational boating safety and to foster greater
    development, use, and enjoyment of all waters of the United States
    by encouraging and assisting participation by the States, the
    boating industry, and the boating public in activities related to
    increasing boating safety; by authorizing the establishment of
    national construction and performance standards for boats and
    associated equipment; by creating more flexible authority governing
    the use of boats and equipment; and by facilitating the provision
    of services by the United States Coast Guard on behalf of boating
    safety. It is further declared to be the policy of Congress to
    encourage greater and continuing uniformity of boating laws and
    regulations among the States and the Federal Government, to
    encourage and assist the States in exercising their authorities in
    boating safety, to foster greater cooperation and assistance
    between the Federal Government and the States in administering and
    enforcing Federal and State laws and regulations pertaining to
    boating safety, and to equitably utilize taxes paid on fuel use in
    motor boats in a manner which enhances boating safety."
      [For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.]

-End-



-CITE-
    46 USC Sec. 13103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs
    CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-
    Sec. 13103. Program acceptance

-STATUTE-
      (a) The Secretary shall make a contract with, and allocate and
    distribute amounts from the Sport Fish Restoration and Boating
    Trust Fund established by section 9504 of the Internal Revenue Code
    of 1986 (26 U.S.C. 9504) to, a State that has an approved State
    recreational boating safety program, if the State demonstrates to
    the Secretary's satisfaction that - 
        (1) the program submitted by that State is consistent with this
      chapter and chapters 61 and 123 of this title;
        (2) amounts distributed will be used to develop and carry out a
      State recreational boating safety program containing the minimum
      requirements of subsection (c) of this section;
        (3) sufficient State matching amounts are available from
      general State revenue, undocumented vessel numbering and license
      fees, State marine fuels taxes, or from a fund constituted from
      the proceeds of those taxes and established to finance a State
      recreational boating safety program; and
        (4) the program submitted by that State designates a State lead
      authority or agency that will carry out or coordinate carrying
      out the State recreational boating safety program supported by
      financial assistance of the United States Government in that
      State, including the requirement that the designated State
      authority or agency submit required reports that are necessary
      and reasonable to carry out properly and efficiently the program
      and that are in the form prescribed by the Secretary.

      (b) Amounts of the Government (except amounts from sources
    referred to in subsection (a)(3) of this section) may not be used
    to provide a State's share of the costs of the program described
    under this section. State matching amounts committed to a program
    under this chapter may not be used to constitute the State's share
    of matching amounts required by another program of the Government.
      (c) The Secretary shall approve a State recreational boating
    safety program, and the program is eligible to receive amounts
    authorized to be expended under section 13107 of this title, if the
    program includes - 
        (1) a vessel numbering system approved or carried out by the
      Secretary under chapter 123 of this title;
        (2) a cooperative boating safety assistance program with the
      Coast Guard in that State;
        (3) sufficient patrol and other activity to ensure adequate
      enforcement of applicable State boating safety laws and
      regulations;
        (4) an adequate State boating safety education program, that
      includes the dissemination of information concerning the hazards
      of operating a vessel when under the influence of alcohol or
      drugs; and
        (5) a system, approved by the Secretary, for reporting marine
      casualties required under section 6102 of this title.

      (d) The Secretary's approval under this section is a contractual
    obligation of the Government for the payment of a proportionate
    share of the cost of carrying out the program.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 593, Sec. 13102; Pub. L. 98-
    369, div. A, title X, Sec. 1011(c), July 18, 1984, 98 Stat. 1013;
    Pub. L. 98-557, Sec. 7(b)(3), Oct. 30, 1984, 98 Stat. 2862; Pub. L.
    99-307, Sec. 1(17), May 19, 1986, 100 Stat. 446; Pub. L. 99-626,
    Sec. 4(a), (b), Nov. 7, 1986, 100 Stat. 3505; Pub. L. 100-448, Sec.
    6(b)(3)-(5), Sept. 28, 1988, 102 Stat. 1840; Pub. L. 101-595, title
    III, Sec. 312(b), Nov. 16, 1990, 104 Stat. 2987; Pub. L. 109-59,
    title X, Sec. 10141, Aug. 10, 2005, 119 Stat. 1931; renumbered Sec.
    13103 and amended Pub. L. 109-304, Secs. 15(25), 16(b)(1), (c)(4),
    Oct. 6, 2006, 120 Stat. 1704-1706.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    13102                                 46:1475                       
    --------------------------------------------------------------------

      Section 13102(a) authorizes the Secretary to contract with the
    States and allocate the amounts of them if they demonstrate to the
    satisfaction of the Secretary that they have a program consistent
    with this chapter and chapters 61 and 123, that the amounts
    received will be used to develop and carry out their recreational
    boating safety and facilities improvement programs, that they have
    sufficient matching amounts available from specified revenue
    sources to meet the objectives of the program, that they will
    submit required reports to the Secretary to ensure continued
    compliance with the objectives of this chapter.
      Subsection (b) prohibits a State from using any other funds
    received from the Federal Government to meet their required State
    match.
      Subsections (c) and (d) require the Secretary to approve a
    State's recreational boating safety and facilities improvement
    program if the program meets the specified requirements of this
    subsection.
      Subsection (e) makes the approval of a State's program a
    contractual obligation of the Government to pay the Federal portion
    of the cost to carry out the program.
      Subsection (f) allows a State to submit a combined boating safety
    and facility improvement program if it meets the requirements of
    all of the objectives of both programs.

                             PRIOR PROVISIONS                         
      A prior section 13103 was renumbered section 13104 of this title.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 16(b)(1), renumbered section 13102
    of this title as this section.
      Subsec. (a). Pub. L. 109-304, Sec. 15(25), inserted "(26 U.S.C.
    9504)" after "Internal Revenue Code of 1986".
      Subsec. (c). Pub. L. 109-304, Sec. 16(c)(4), substituted "section
    13107" for "section 13106".
      2005 - Subsec. (a). Pub. L. 109-59 substituted "the Sport Fish
    Restoration and Boating Trust Fund" for "the Boat Safety Account"
    in introductory provisions.
      1990 - Subsec. (a)(3). Pub. L. 101-595, Sec. 312(b)(1), inserted
    "State" after "general".
      Subsec. (c)(4). Pub. L. 101-595, Sec. 312(b)(2), inserted "or
    drugs" after "alcohol".
      Subsec. (d). Pub. L. 101-595, Sec. 312(b)(3), substituted "a
    proportionate share" for "the proportional share".
      1988 - Subsec. (a). Pub. L. 100-448, Sec. 6(b)(4), substituted
    "1986" for "1954." in introductory provisions.
      Subsec. (a)(4). Pub. L. 100-448, Sec. 6(b)(5), amended par. (4)
    generally. Prior to amendment, par. (4) read as follows: "the
    program submitted by that State designates a State lead authority
    or agency that will carry out or coordinate carrying out out the
    State recreational boating safety program supported by financial
    assistance of the United States Government in that State, including
    the requirement that the designated State authority or agency
    submit required reports that are necessary and reasonable to carry
    out properly and efficiently the program and that are in the form
    prescribed by the Secretary."
      Subsec. (b). Pub. L. 100-448, Sec. 6(b)(3), substituted "(except
    amounts from" for "from sources (except".
      1986 - Subsec. (a). Pub. L. 99-626, Sec. 4(a), substituted "Boat
    Safety Account established by section 9504 of the Internal Revenue
    Code of 1954." for "Fund established under section 13107 of this
    title" in introductory provisions.
      Subsec. (a)(4). Pub. L. 99-626, Sec. 4(b), inserted "out" after
    "carrying".
      Pub. L. 99-307 substituted "carrying out the State" for "carrying
    the State".
      1984 - Subsec. (a). Pub. L. 98-369, Sec. 1011(c)(1), (2), in
    provisions preceding par. (1) substituted "shall" for "may" and
    struck out "and facilities improvement" after "boating safety".
      Subsec. (a)(2). Pub. L. 98-369, Sec. 1011(c)(1), (3), struck out
    ", (d), or (f)" after "requirements of subsection (c)" and struck
    out "and facilities improvement" after "boating safety".
      Subsec. (a)(3), (4). Pub. L. 98-369, Sec. 1011(c)(1), struck out
    "and facilities improvement" after "boating safety".
      Subsec. (c)(4). Pub. L. 98-557 inserted provisions relating to
    dissemination of information concerning the hazards of operating a
    vessel when under the influence of alcohol.
      Subsecs. (d), (e). Pub. L. 98-369, Sec. 1011(c)(4), redesignated
    subsec. (e) as (d). Former subsec. (d), which related to approval
    of a State recreational boating facilities improvement program by
    the Secretary, was struck out.
      Subsec. (f). Pub. L. 98-369, Sec. 1011(c)(4), struck out subsec.
    (f) which related to submission by a State to the Secretary of a
    combined program for the improvement of recreational boating safety
    and recreational boating facilities.

                     EFFECTIVE DATE OF 2005 AMENDMENTS                 
      From Aug. 10, 2005, to end of fiscal year 2005, subsec. (a) of
    this section considered to read as immediately before enactment of
    Pub. L. 109-59, see section 101(b) of Pub. L. 109-74, set out as a
    note under section 777b of Title 16, Conservation.
      Amendment by Pub. L. 109-59 effective Oct. 1, 2005, see section
    10102 of Pub. L. 109-59, set out as a note under section 777b of
    Title 16, Conservation.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-448 effective Oct. 1, 1988, see section
    6(e) of Pub. L. 100-448, set out as a note under section 777 of
    Title 16, Conservation.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-369 effective Oct. 1, 1984, to apply with
    respect to fiscal years beginning after Sept. 30, 1984, see section
    1013 of Pub. L. 98-369, set out as a note under section 13101 of
    this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    46 USC Sec. 13104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs
    CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-
    Sec. 13104. Allocations

-STATUTE-
      (a) The Secretary shall allocate amounts available for allocation
    and distribution under this chapter for State recreational boating
    safety programs as follows:
        (1) One-third shall be allocated equally each fiscal year among
      eligible States.
        (2) One-third shall be allocated among eligible States that
      maintain a State vessel numbering system approved under chapter
      123 of this title and a marine casualty reporting system approved
      under this chapter so that the amount allocated each fiscal year
      to each eligible State will be in the same ratio as the number of
      vessels numbered in that State bears to the number of vessels
      numbered in all eligible States.
        (3) One-third shall be allocated so that the amount allocated
      each fiscal year to each eligible State will be in the same ratio
      as the amount of State amounts expended by the State for the
      State recreational boating safety program during the prior fiscal
      year bears to the total State amounts expended during that fiscal
      year by all eligible States for State recreational boating safety
      programs.

      (b) The amount received by a State under this section in a fiscal
    year may be not more than one-half of the total cost incurred by
    that State in developing, carrying out, and financing that State's
    recreational boating safety program in that fiscal year.
      (c) The Secretary may allocate not more than 5 percent of the
    amounts available for allocation and distribution in a fiscal year
    for national boating safety activities of national nonprofit public
    service organizations.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 594, Sec. 13103; Pub. L. 98-
    369, div. A, title X, Sec. 1011(d), July 18, 1984, 98 Stat. 1013;
    Pub. L. 101-595, title III, Sec. 312(c), Nov. 16, 1990, 104 Stat.
    2987; renumbered Sec. 13104, Pub. L. 109-304, Sec. 16(b)(1), Oct.
    6, 2006, 120 Stat. 1705.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    13103                                 46:1476                       
    --------------------------------------------------------------------

      Section 13103 requires the Secretary to allocate the amounts
    available for recreational boating safety and facilities
    improvement programs according to a specific formula:
        (1)  1/3  shall be allocated equally to each eligible State:
        (2)  1/3  shall be allocated to those States maintaining an
      approved numbering system; and
        (3)  1/3  shall be allocated to the State in the proportion
      that the State obligated in the prior fiscal year to the total
      amount obligated by all of the States in the prior fiscal year.

                             PRIOR PROVISIONS                         
      A prior section 13104 was renumbered section 13105 of this title.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304 renumbered section 13103 of this title as
    this section.
      1990 - Subsec. (a)(3). Pub. L. 101-595 struck out "or obligated"
    after "expended" in two places.
      1984 - Subsec. (b). Pub. L. 98-369, Sec. 1011(d), redesignated
    subsec. (c) as (b), struck out "and facilities improvement" after
    "boating safety", and struck out former subsec. (b) which related
    to allocation of amounts for State recreational boating facilities
    improvement programs by the Secretary.
      Subsec. (c). Pub. L. 98-369, Sec. 1011(d)(1), redesignated
    subsec. (e) as (c). Former subsec. (c) redesignated (b).
      Subsec. (d). Pub. L. 98-369, Sec. 1011(d)(1), struck out subsec.
    (d) which provided that an allocation or distribution of amounts
    under this section may not be made to a State to maintain boating
    facilities under that State's approved recreational boating safety
    and facilities improvement program.
      Subsec. (e). Pub. L. 98-369, Sec. 1011(d)(1), redesignated
    subsec. (e) as (c).
      Subsec. (f). Pub. L. 98-369, Sec. 1011(d)(1), struck out subsec.
    (f) which provided that the Secretary could extend amounts
    necessary to carry out this chapter but that there was a limitation
    on the total amount allocable.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-369 effective Oct. 1, 1984, to apply with
    respect to fiscal years beginning after Sept. 30, 1984, see section
    1013 of Pub. L. 98-369, set out as a note under section 13101 of
    this title.

       PAYMENT OF ADMINISTRATIVE COSTS; RETENTION OF AMOUNT PRIOR TO
                                ALLOCATIONS
      Pub. L. 99-640, Sec. 7(d), Nov. 10, 1986, 100 Stat. 3548, which
    related to retention of amounts appropriated for State recreational
    boating safety programs prior to making allocations for a fiscal
    year, was repealed by Pub. L. 100-448, Sec. 6(b)(1)(B), Sept. 28,
    1988, 102 Stat. 1840.

-End-



-CITE-
    46 USC Sec. 13105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs
    CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-
    Sec. 13105. Availability of allocations

-STATUTE-
      (a)(1) Amounts allocated to a State shall be available for
    obligation by that State for a period of 3 years after the date of
    allocation.
      (2) Amounts allocated to a State that are not obligated at the
    end of the 3-year period referred to in paragraph (1) shall be
    withdrawn and allocated by the Secretary in addition to any other
    amounts available for allocation in the fiscal year in which they
    are withdrawn or the following fiscal year.
      (b) Amounts available to the Secretary for State recreational
    boating safety programs for a fiscal year that have not been
    allocated at the end of the fiscal year shall be allocated among
    States in the next fiscal year in addition to amounts otherwise
    available for allocation to States for that next fiscal year.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 595, Sec. 13104; Pub. L. 99-
    307, Sec. 1(18), May 19, 1986, 100 Stat. 446; Pub. L. 102-587,
    title V, Sec. 5101, Nov. 4, 1992, 106 Stat. 5070; Pub. L. 105-178,
    title VII, Sec. 7405(a), June 9, 1998, 112 Stat. 487; Pub. L. 109-
    59, title X, Sec. 10142, Aug. 10, 2005, 119 Stat. 1931; renumbered
    Sec. 13105, Pub. L. 109-304, Sec. 16(b)(1), Oct. 6, 2006, 120 Stat.
    1705.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    13104                                 46:1477                       
    --------------------------------------------------------------------

      Section 13104 allows a State to use any of the amounts received
    from the Secretary over a 3 year period. If the State does not
    spend the money within that period, the amounts revert to the
    Secretary, who will make the amounts available along with the
    amounts available for that year.

                             PRIOR PROVISIONS                         
      A prior section 13105 was renumbered section 13106 of this title.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304 renumbered section 13104 of this title as
    this section.
      2005 - Subsec. (a)(1). Pub. L. 109-59, Sec. 10142(1), substituted
    "3 years" for "2 years".
      Subsec. (a)(2). Pub. L. 109-59, Sec. 10142(2), substituted "3-
    year" for "2-year".
      1998 - Subsec. (a)(1). Pub. L. 105-178, Sec. 7405(a)(1),
    substituted "2 years" for "3 years".
      Subsec. (a)(2). Pub. L. 105-178, Sec. 7405(a)(2), substituted "2-
    year" for "3-year".
      1992 - Pub. L. 102-587 amended section generally. Prior to
    amendment, section read as follows:
      "(a) Amounts allocated to a State shall be available for
    obligation by that State for a period of 3 years after the date of
    allocation. Amounts unobligated by the State at the end of the 3
    years shall be withdrawn by the Secretary and shall be available
    with other amounts to be allocated by the Secretary during that
    fiscal year.
      "(b) Amounts available to the Secretary for State recreational
    boating safety programs that have not been allocated at the end of
    a fiscal year shall be carried forward as part of the total
    allocation of amounts for the next fiscal year that may be expended
    under this chapter."
      1986 - Subsec. (b). Pub. L. 99-307 inserted "for State
    recreational boating safety programs" after "Secretary".

                     EFFECTIVE DATE OF 2005 AMENDMENTS                 
      From Aug. 10, 2005, to end of fiscal year 2005, subsec. (a) of
    this section considered to read as immediately before enactment of
    Pub. L. 109-59, see section 101(b) of Pub. L. 109-74, set out as a
    note under section 777b of Title 16, Conservation.
      Amendment by Pub. L. 109-59 effective Oct. 1, 2005, see section
    10102 of Pub. L. 109-59, set out as a note under section 777b of
    Title 16, Conservation.

-End-



-CITE-
    46 USC Sec. 13106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs
    CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-
    Sec. 13106. Computation decisions about State amounts expended

-STATUTE-
      (a) Consistent with regulations prescribed by the Secretary, the
    computation by a State of amounts expended for the State
    recreational boating safety program shall include - 
        (1) the acquisition, maintenance, and operating costs of land,
      facilities, equipment, and supplies;
        (2) personnel salaries and reimbursable expenses;
        (3) the costs of training personnel;
        (4) public boat safety education;
        (5) the costs of carrying out the program; and
        (6) other expenses that the Secretary considers appropriate.

      (b) The Secretary shall decide an issue arising out of the
    computation made under subsection (a) of this section.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 596, Sec. 13105; Pub. L. 98-
    369, div. A, title X, Sec. 1011(e), July 18, 1984, 98 Stat. 1013;
    Pub. L. 101-595, title III, Sec. 312(c), Nov. 16, 1990, 104 Stat.
    2987; renumbered Sec. 13106, Pub. L. 109-304, Sec. 16(b)(1), Oct.
    6, 2006, 120 Stat. 1705.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    13105                                 46:1478                       
    --------------------------------------------------------------------

      Section 13105 prescribes what amounts expended or obligated by a
    State will be counted toward the State's share. This section also
    authorizes the Secretary to settle any dispute over the
    computations required by this section.

                             PRIOR PROVISIONS                         
      A prior section 13106 was renumbered section 13107 of this title.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304 renumbered section 13105 of this title as
    this section.
      1990 - Subsec. (a). Pub. L. 101-595 struck out "or obligated"
    after "expended" in provisions preceding par. (1).
      1984 - Subsec. (a). Pub. L. 98-369 struck out "and facilities
    improvement" after "boating safety" in provisions preceding par.
    (1).

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-369 effective Oct. 1, 1984, to apply with
    respect to fiscal years beginning after Sept. 30, 1984, see section
    1013 of Pub. L. 98-369, set out as a note under section 13101 of
    this title.

-End-



-CITE-
    46 USC Sec. 13107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs
    CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-
    Sec. 13107. Authorization of appropriations

-STATUTE-
      (a)(1) Subject to paragraph (2) and subsection (c), the Secretary
    shall expend in each fiscal year for State recreational boating
    safety programs, under contracts with States under this chapter, an
    amount equal to the sum of (A) the amount made available from the
    Boat Safety Account for that fiscal year under section 15 of the
    Dingell-Johnson Sport Fish Restoration Act and (B) the amount
    transferred to the Secretary under subsections (a)(2) and (f) of
    section 4 of the Dingell-Johnson Sport Fish Restoration Act (16
    U.S.C. 777c(a)(2) and (f)). The amount shall be allocated as
    provided under section 13104 of this title and shall be available
    for State recreational boating safety programs as provided under
    the guidelines established under subsection (b) of this section.
    Amounts authorized to be expended for State recreational boating
    safety programs shall remain available until expended and are
    deemed to have been expended only if an amount equal to the total
    amounts authorized to be expended under this section for the fiscal
    year in question and all prior fiscal years have been obligated.
    Amounts previously obligated but released by payment of a final
    voucher or modification of a program acceptance shall be credited
    to the balance of unobligated amounts and are immediately available
    for expenditure.
      (2) The Secretary shall use not more than two percent of the
    amount available each fiscal year for State recreational boating
    safety programs under this chapter to pay the costs of
    investigations, personnel, and activities related to administering
    those programs.
      (b) The Secretary shall establish guidelines prescribing the
    purposes for which amounts available under this chapter for State
    recreational boating safety programs may be used. Those purposes
    shall include - 
        (1) providing facilities, equipment, and supplies for boating
      safety education and law enforcement, including purchase,
      operation, maintenance, and repair;
        (2) training personnel in skills related to boating safety and
      to the enforcement of boating safety laws and regulations;
        (3) providing public boating safety education, including
      educational programs and lectures, to the boating community and
      the public school system;
        (4) acquiring, constructing, or repairing public access sites
      used primarily by recreational boaters;
        (5) conducting boating safety inspections and marine casualty
      investigations;
        (6) establishing and maintaining emergency or search and rescue
      facilities, and providing emergency or search and rescue
      assistance;
        (7) establishing and maintaining waterway markers and other
      appropriate aids to navigation; and
        (8) providing State recreational vessel numbering and titling
      programs.

      (c)(1) Of the amount transferred to the Secretary under
    subsection (a)(2) of section 4 of the Dingell-Johnson Sport Fish
    Restoration Act (16 U.S.C. 777c(a)(2)), $5,500,000 is available to
    the Secretary for payment of expenses of the Coast Guard for
    personnel and activities directly related to coordinating and
    carrying out the national recreational boating safety program under
    this title, of which not less than $2,000,000 shall be available to
    the Secretary only to ensure compliance with chapter 43 of this
    title.
      (2) No funds available to the Secretary under this subsection may
    be used to replace funding traditionally provided through general
    appropriations, nor for any purposes except those purposes
    authorized by this section.
      (3) Amounts made available by this subsection shall remain
    available during the 2 succeeding fiscal years. Any amount that is
    unexpended or unobligated at the end of the 3-year period during
    which it is available shall be withdrawn by the Secretary and
    allocated to the States in addition to any other amounts available
    for allocation in the fiscal year in which they are withdrawn or
    the following fiscal year.
      (4) The Secretary shall publish annually in the Federal Register
    a detailed accounting of the projects, programs, and activities
    funded under this subsection.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 596, Sec. 13106; Pub. L. 98-
    369, div. A, title X, Sec. 1012, July 18, 1984, 98 Stat. 1013;
    Pub. L. 99-626, Sec. 4(c), Nov. 7, 1986, 100 Stat. 3505; Pub. L. 99-
    640, Sec. 7(b), (c), Nov. 10, 1986, 100 Stat. 3548; Pub. L. 100-
    448, Sec. 6(b)(1)(A), (2), (6), Sept. 28, 1988, 102 Stat. 1839,
    1840; Pub. L. 105-178, title VII, Sec. 7405(b), (c)(1), June 9,
    1998, 112 Stat. 487, 488; Pub. L. 108-88, Sec. 9(c), Sept. 30,
    2003, 117 Stat. 1126; Pub. L. 108-202, Sec. 7(c), Feb. 29, 2004,
    118 Stat. 484; Pub. L. 108-224, Sec. 6(c), Apr. 30, 2004, 118 Stat.
    632; Pub. L. 108-263, Sec. 6(c), June 30, 2004, 118 Stat. 704; Pub.
    L. 108-280, Sec. 6(c), July 30, 2004, 118 Stat. 882; Pub. L. 108-
    310, Sec. 9(c), Sept. 30, 2004, 118 Stat. 1159; Pub. L. 109-14,
    Sec. 8(c), May 31, 2005, 119 Stat. 335; Pub. L. 109-20, Sec. 8(c),
    July 1, 2005, 119 Stat. 357; Pub. L. 109-35, Sec. 8(c), July 20,
    2005, 119 Stat. 390; Pub. L. 109-37, Sec. 8(c), July 22, 2005, 119
    Stat. 405; Pub. L. 109-40, Sec. 8(c), July 28, 2005, 119 Stat. 421;
    Pub. L. 109-59, title X, Sec. 10143, Aug. 10, 2005, 119 Stat. 1931;
    Pub. L. 109-74, title I, Sec. 102, title II, Sec. 203, Sept. 29,
    2005, 119 Stat. 2030, 2032; renumbered Sec. 13107 and amended Pub.
    L. 109-304, Sec. 16(b)(1), (c)(5), Oct. 6, 2006, 120 Stat. 1705,
    1706.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    13106                                 46:1479                       
    --------------------------------------------------------------------

      Section 13106 provides the Secretary with liquidating contract
    authority in an amount equal to the revenues received from the
    motor boat fuel tax. One third shall be used for State boating
    safety programs, and  2/3  shall be used for State facilities
    improvement programs. And as provided in Section 13102(f), the
    approval of a State's program makes it a contractual obligation of
    the United States Government to provide the amounts available.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 15 of the Dingell-Johnson Sport Fish Restoration Act,
    referred to in subsec. (a)(1), is classified to section 777n of
    Title 16, Conservation.


-MISC2-
                             PRIOR PROVISIONS                         
      A prior section 13107, Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    596, established the National Recreational Boating Safety and
    Facilities Improvement Fund, prior to repeal by Pub. L. 98-369,
    div. A, title X, Sec. 1016(c)(1), July 18, 1984, 98 Stat. 1020. See
    section 9504 of Title 26, Internal Revenue Code.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 16(b)(1), renumbered section 13106
    of this title as this section.
      Subsec. (a)(1). Pub. L. 109-304, Sec. 16(c)(5), substituted
    "section 13104" for "section 13103".
      2005 - Subsec. (a)(1). Pub. L. 109-59, Sec. 10143(2), as amended
    by Pub. L. 109-74, Sec. 102(2), substituted "subsections (a)(2) and
    (f) of section 4 of the Dingell-Johnson Sport Fish Restoration Act
    (16 U.S.C. 777c(a)(2) and (f))" for "section 4(b) of the Act of
    August 9, 1950 (16 U.S.C. 777c(b))".
      Pub. L. 109-59, Sec. 10143(1), as amended by Pub. L. 109-74, Sec.
    102(1), substituted "the amount made available from the Boat Safety
    Account for that fiscal year under section 15 of the Dingell-
    Johnson Sport Fish Restoration Act" for "the amount appropriated
    from the Boat Safety Account for that fiscal year".
      Subsec. (a)(2). Pub. L. 109-59, Sec. 10143(3), struck out "not
    less than one percent and" before "not more than two percent".
      Subsec. (c)(1). Pub. L. 109-74, Sec. 203, substituted
    "$5,000,000" for "$4,150,685" and "$2,000,000" for "$1,660,274".
      Pub. L. 109-59, Sec. 10143(4)(D), as amended by Pub. L. 109-74,
    Sec. 102(3)(B), amended par. (1) as amended by Pub. L. 109-74, Sec.
    203, by inserting "not less than" before "$2,000,000". See
    Effective Date of 2005 Amendments note below.
      Pub. L. 109-59, Sec. 10143(4)(C), as amended by Pub. L. 109-74,
    Sec. 102(3)(B), amended par. (1) as amended by Pub. L. 109-74, Sec.
    203, by substituting "$5,500,000" for "$5,000,000". See Effective
    Date of 2005 Amendments note below.
      Pub. L. 109-59, Sec. 10143(4)(B), as amended by Pub. L. 109-74,
    Sec. 102(3)(A), substituted "(16 U.S.C. 777c(a)(2))" for "(16
    U.S.C. 777c(b))".
      Pub. L. 109-59, Sec. 10143(4)(A), substituted "Secretary under
    subsection (a)(2) of section 4" for "Secretary of Transportation
    under paragraph (5)(C) of section 4(b)".
      Pub. L. 109-40 substituted "$4,150,685" for "$4,100,000" and
    "$1,660,274" for "$1,643,836".
      Pub. L. 109-37 substituted "$4,100,000" for "$4,050,000" and
    "$1,643,836" for "$1,620,003".
      Pub. L. 109-35 substituted "$4,050,000" for "$4,000,000" and
    "$1,620,003" for "$1,600,000".
      Pub. L. 109-20 substituted "$4,000,000" for "$3,750,003" and
    "$1,600,000" for "$1,500,003".
      Pub. L. 109-14 substituted "$3,750,003" for "$3,333,336" and
    "$1,500,003" for "$1,333,336".
      Subsec. (c)(3). Pub. L. 109-59, Sec. 10143(5), as amended by Pub.
    L. 109-74, Sec. 102(4), substituted "during the 2 succeeding fiscal
    years. Any amount that is unexpended or unobligated at the end of
    the 3-year period during which it is available shall be withdrawn
    by the Secretary and allocated to the States in addition to any
    other amounts available for allocation in the fiscal year in which
    they are withdrawn or the following fiscal year." for "until
    expended."
      2004 - Subsec. (c). Pub. L. 108-310 amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "Of the
    amount transferred to the Secretary of Transportation under
    paragraph (4) of section 4(b) of the Dingell-Johnson Sport Fish
    Restoration Act (16 U.S.C. 777c(b)), $5,000,000 is available to the
    Secretary for payment of expenses of the Coast Guard for personnel
    and activities directly related to coordinating and carrying out
    the national recreational boating safety program under this title,
    of which $2,000,000 shall be available to the Secretary only to
    ensure compliance with chapter 43 of this title. No funds available
    to the Secretary under this subsection may be used to replace
    funding traditionally provided through general appropriations, nor
    for any purposes except those purposes authorized by this section.
    Amounts made available by this subsection shall remain available
    until expended. The Secretary shall publish annually in the Federal
    Register a detailed accounting of the projects, programs, and
    activities funded under this subsection."
      Pub. L. 108-280 substituted "$5,000,000" for "$4,166,668" and
    "$2,000,000" for "$1,666,668".
      Pub. L. 108-263 substituted "$4,166,668" for "$3,750,001" and
    "$1,666,668" for "$1,500,001".
      Pub. L. 108-224 substituted "$3,750,001" for "$2,916,667" and
    "$1,500,001" for "$1,166,667".
      Pub. L. 108-202 substituted "$2,916,667" for "$2,083,333" and
    "$1,166,667" for "$833,333".
      2003 - Subsec. (c). Pub. L. 108-88 amended first sentence
    generally. Prior to amendment, first sentence read as follows: "Of
    the amount transferred for each fiscal year to the Secretary of
    Transportation under paragraphs (2) and (3) of section 4(b) of the
    Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is available
    to the Secretary for payment of expenses of the Coast Guard for
    personnel and activities directly related to coordinating and
    carrying out the national recreational boating safety program under
    this title, of which $2,000,000 shall be available to the Secretary
    only to ensure compliance with chapter 43 of this title."
      1998 - Pub. L. 105-178, Sec. 7405(c)(1), substituted
    "appropriations" for "contract spending" in section catchline.
      Subsec. (a)(1). Pub. L. 105-178, Sec. 7405(b)(1), substituted
    "Subject to paragraph (2) and subsection (c), the Secretary shall
    expend in each fiscal year for State recreational boating safety
    programs, under contracts with States under this chapter, an amount
    equal to the sum of (A) the amount appropriated from the Boat
    Safety Account for that fiscal year and (B) the amount transferred
    to the Secretary under section 4(b) of the Act of August 9, 1950
    (16 U.S.C. 777c(b))." for "Subject to paragraph (2), the Secretary
    may expend in each fiscal year, subject to amounts as are provided
    in appropriations laws for liquidation of contract authority, an
    amount equal to  1/2  of the amount transferred for such fiscal
    year to the Boat Safety Account under section 9503(c)(4) of the
    Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4))."
      Subsec. (a)(2). Pub. L. 105-178, Sec. 7405(b)(2), substituted
    "available" for "appropriated".
      Subsec. (c). Pub. L. 105-178, Sec. 7405(b)(3), added subsec. (c)
    and struck out former subsec. (c) which read as follows: "An amount
    equal to one-half of the amount transferred for each fiscal year to
    the Boat Safety Account under section 9503(c)(4) of the Internal
    Revenue Code of 1986 (26 U.S.C. 9503(c)(4)) is available to the
    Secretary for expenditures out of the operating expenses account of
    the Coast Guard for services provided by the Coast Guard for
    recreational boating safety, including services provided by the
    Coast Guard Auxiliary. Expenditures for a fiscal year under this
    subsection shall not exceed expenditures for the fiscal year under
    subsection (a). Amounts made available by this subsection shall
    remain available until expended."
      1988 - Subsec. (a). Pub. L. 100-448, Sec. 61(b)(1)(A), designated
    existing provisions as par. (1), added par. (2), and amended first
    sentence of par. (1) generally. Prior to amendment, first sentence
    read as follows: "The Secretary may expend in each of the fiscal
    years 1985, 1986, 1987, and 1988, subject to amounts as are
    provided in appropriations laws for liquidation of contract
    authority, an amount equal to one-half for Fiscal Year 1987 and two-
    thirds for each Fiscal Year thereafter of the amount transferred
    for such fiscal year to the Boat Safety Account under section
    9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
    9503(c)(4))."
      Subsec. (c). Pub. L. 100-448, Sec. 6(b)(2)(A), struck out "for
    Fiscal Year 1987 and one-third for each fiscal year thereafter."
    after "An amount equal to one-half" in first sentence.
      Pub. L. 100-448, Sec. 6(b)(6), substituted "1986" for "1954" in
    first sentence.
      Pub. L. 100-448, Sec. 6(b)(2)(B), inserted after first sentence
    "Expenditures for a fiscal year under this subsection shall not
    exceed expenditures for the fiscal year under subsection (a)."
      1986 - Subsec. (a). Pub. L. 99-640, Sec. 7(c), substituted "one-
    half for Fiscal Year 1987 and two-thirds for each Fiscal Year
    thereafter" for "two-thirds".
      Subsec. (b). Pub. L. 99-626 substituted "shall" for "may" after
    "Those purposes" in introductory provisions and substituted "and"
    for "or" in par. (8).
      Subsec. (c). Pub. L. 99-640, Sec. 7(b), substituted "one-half for
    Fiscal Year 1987 and one-third for each Fiscal Year thereafter."
    for "one-third".
      1984 - Pub. L. 98-369 amended section generally and, among other
    changes, struck out all references to a facilities improvement
    program, inserted provisions directing the Secretary to establish
    guidelines prescribing the purposes for which amounts available
    under this chapter for State recreational safety boating programs
    may be used, and made available to the Secretary an amount equal to
    one-third of the amount transferred for each fiscal year to the
    Boat Safety Account under section 9503(c)(4) of title 26 to be used
    for expenditures out of the operating expenses account of the Coast
    Guard for services provided by the Coast Guard for recreational
    boating safety, including services provided by the Coast Guard
    Auxiliary.

                     EFFECTIVE DATE OF 2005 AMENDMENTS                 
      From Aug. 10, 2005, to end of fiscal year 2005, subsecs. (a) and
    (c)(1), (3) of this section considered to read as immediately
    before enactment of Pub. L. 109-59, except as provided by the
    amendments by section 203 of Pub. L. 109-74, see section 101(b) of
    Pub. L. 109-74, set out as a note under section 777b of Title 16,
    Conservation.
      Amendment by Pub. L. 109-59 effective Oct. 1, 2005, see section
    10102 of Pub. L. 109-59, set out as a note under section 777b of
    Title 16, Conservation.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-448 effective Oct. 1, 1988, see section
    6(e) of Pub. L. 100-448, set out as a note under section 777 of
    Title 16, Conservation.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-369 effective Oct. 1, 1984, to apply with
    respect to fiscal years beginning after Sept. 30, 1984, see section
    1013 of Pub. L. 98-369, set out as a note under section 13101 of
    this title.

                            BOATING SAFETY FUND                        
      Pub. L. 99-272, title VI, Sec. 6001, Apr. 7, 1986, 100 Stat. 121,
    as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
    2095, provided that: "An amount equal to one-third of the amount
    transferred for fiscal year 1985 to the Boat Safety Account under
    section 9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
    9503(c)(4)) shall be deposited in the general fund of the Treasury
    as proprietary receipts of the department in which the Coast Guard
    is operating and ascribed to Coast Guard activities. Section
    13106(a) of title 46, United States Code, shall be applied with
    respect to fiscal year 1985 by substituting 'one-third' for 'two-
    thirds' in the first sentence."

-End-



-CITE-
    46 USC Sec. 13108                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs
    CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-
    Sec. 13108. Computing amounts allocated to States and State records
      requirements

-STATUTE-
      (a) Amounts allocated and distributed under section 13104 of this
    title shall be computed and paid to the States as follows:
        (1) During the second quarter of a fiscal year and on the basis
      of computations made under section 13106 of this title and
      submitted by the States for the preceding fiscal year, the
      Secretary shall determine the percentage of the amounts available
      to which each eligible State is entitled for the next fiscal
      year.
        (2) Notice of the percentage and of the dollar amount, if it
      can be determined, for each State shall be provided to the States
      at the earliest practicable time.
        (3) If the Secretary determines that an amount made available
      to a State for a prior fiscal year is greater or less than the
      amount that should have been made available to the State for the
      prior fiscal year, because of later or more accurate State
      expenditure information, the amount for the current fiscal year
      may be increased or decreased by the appropriate amount.

      (b) The Secretary shall schedule the payment of amounts,
    consistent with the program purposes and applicable regulations
    prescribed by the Secretary of the Treasury, to minimize the time
    elapsing between the transfer of amounts from the Treasury and the
    subsequent disbursement of the amounts by a State.
      (c) The Secretary shall notify a State authority or agency that
    further payments will be made to the State only when the program
    complies with the prescribed standards or a failure to comply
    substantially with standards is corrected if the Secretary, after
    reasonable notice to the designated State authority or agency,
    finds that - 
        (1) the State recreational boating safety program submitted by
      the State and accepted by the Secretary has been so changed that
      it no longer complies with this chapter or standards prescribed
      by regulations; or
        (2) in carrying out the State recreational boating safety
      program, there has been a failure to comply substantially with
      the standards prescribed by regulations.

      (d) The Secretary shall provide for the accounting, budgeting,
    and other fiscal procedures that are necessary and reasonable to
    carry out this section properly and efficiently. Records related to
    amounts allocated under this chapter shall be made available to the
    Secretary and the Comptroller General to conduct audits.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 596; Pub. L. 98-369, div.
    A, title X, Sec. 1011(f), July 18, 1984, 98 Stat. 1013; Pub. L. 101-
    595, title III, Sec. 312(d), Nov. 16, 1990, 104 Stat. 2987; Pub.
    L. 104-324, title VII, Sec. 746(a)(3), (4), Oct. 19, 1996, 110
    Stat. 3943; Pub. L. 109-304, Sec. 16(c)(6), Oct. 6, 2006, 120 Stat.
    1706.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    13108                                 46:1480                       
    --------------------------------------------------------------------

      Section 13108 sets forth the manner that the Secretary shall
    compute the amounts to be allocated to the States, State record
    requirements, and authority for the General Accounting Office to
    review the records when conducting audits.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-304 substituted "section 13104"
    for "section 13103" in introductory provisions and "section 13106"
    for "section 13105" in par. (1).
      1996 - Subsec. (a)(1). Pub. L. 104-324 substituted "preceding"
    for "proceeding" and "Secretary" for "Secertary".
      1990 - Subsec. (a)(1). Pub. L. 101-595 amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "During
    the last quarter of a fiscal year and on the basis of computations
    made under section 13105 of this title and submitted by the States,
    the Secretary shall determine the percentage of the amounts
    available for the next fiscal year to which each eligible State is
    entitled."
      1984 - Subsec. (c)(1), (2). Pub. L. 98-369 struck out "and
    facilities improvement" after "boating safety".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-369 effective Oct. 1, 1984, to apply with
    respect to fiscal years beginning after Sept. 30, 1984, see section
    1013 of Pub. L. 98-369, set out as a note under section 13101 of
    this title.

-End-



-CITE-
    46 USC Sec. 13109                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs
    CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-
    Sec. 13109. Consultation, cooperation, and regulation

-STATUTE-
      (a) In carrying out responsibilities under this chapter, the
    Secretary may consult with State and local governments, public and
    private agencies, organizations and committees, private industry,
    and other persons having an interest in boating safety.
      (b) The Secretary may advise, assist, and cooperate with the
    States and other interested public and private agencies in
    planning, developing, and carrying out boating safety programs.
    Acting under section 141 of title 14, the Secretary shall ensure
    the fullest cooperation between the State and United States
    Government authorities in promoting boating safety by making
    agreements and other arrangements with States when possible.
    Subject to chapter 23 of title 14, the Secretary may make
    available, on request of a State, the services of members of the
    Coast Guard Auxiliary to assist the State in promoting boating
    safety on State waters.
      (c) The Secretary may prescribe regulations to carry out this
    chapter.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 597; Pub. L. 98-369, div.
    A, title X, Sec. 1011(g), July 18, 1984, 98 Stat. 1013.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    13109                                 46:1481                       
    --------------------------------------------------------------------

      Section 13109 authorizes the Secretary to consult with State and
    local governments, public and private agencies, and any other
    persons that have an interest in boating safety.
      This section also authorizes the Secretary to advise and assist
    the States and other public and private agencies in the planning
    and carrying out of their boating safety and facilities improvement
    programs.

                                AMENDMENTS                            
      1984 - Subsec. (a). Pub. L. 98-369 struck out "and facilities
    improvement" after "boating safety".
      Subsec. (b). Pub. L. 98-369 struck out "and facilities
    improvement" after "and carrying out boating safety".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-369 effective Oct. 1, 1984, to apply with
    respect to fiscal years beginning after Sept. 30, 1984, see section
    1013 of Pub. L. 98-369, set out as a note under section 13101 of
    this title.

-End-



-CITE-
    46 USC Sec. 13110                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs
    CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-
    Sec. 13110. National Boating Safety Advisory Council

-STATUTE-
      (a) The Secretary shall establish a National Boating Safety
    Advisory Council. The Council shall consist of 21 members appointed
    by the Secretary, whom the Secretary considers to have a particular
    expertise, knowledge, and experience in recreational boating
    safety.
      (b)(1) The membership of the Council shall consist of - 
        (A) 7 representatives of State officials responsible for State
      boating safety programs;
        (B) 7 representatives of recreational vessel manufacturers and
      associated equipment manufacturers; and
        (C) 7 representatives of national recreational boating
      organizations and from the general public, at least 5 of whom
      shall be representatives of national recreational boating
      organizations.

      (2) Additional individuals from the sources referred to in
    paragraph (1) of this subsection may be appointed to panels of the
    Council to assist the Council in performing its duties.
      (3) At least once a year, the Secretary shall publish a notice in
    the Federal Register soliciting nominations for membership on the
    Council.
      (c) In addition to the consultation required by section 4302 of
    this title, the Secretary shall consult with the Council on other
    major boating safety matters related to this chapter. The Council
    may make available to Congress information, advice, and
    recommendations that the Council is authorized to give to the
    Secretary.
      (d) When attending meetings of the Council, a member of the
    Council or a panel may be paid at a rate not more than the rate for
    GS-18. When serving away from home or regular place of business,
    the member may be allowed travel expenses, including per diem in
    lieu of subsistence as authorized by section 5703 of title 5 for
    individuals employed intermittently in the Government service. A
    payment under this section does not make a member of the Council an
    officer or employee of the United States Government for any
    purpose.
      (e) The Council shall terminate on September 30, 2010.

-SOURCE-
    (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 598; Pub. L. 99-626, Sec.
    3(a)(1), (b)(1), (2), Nov. 7, 1986, 100 Stat. 3505; Pub. L. 100-
    448, Sec. 20(a), Sept. 28, 1988, 102 Stat. 1846; Pub. L. 102-241,
    Sec. 24, Dec. 19, 1991, 105 Stat. 2217; Pub. L. 104-324, title III,
    Sec. 304(f), Oct. 19, 1996, 110 Stat. 3918; Pub. L. 107-295, title
    III, Sec. 335, Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108-293,
    title IV, Sec. 418(f), Aug. 9, 2004, 118 Stat. 1049.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    13110                                 46:1482                       
    --------------------------------------------------------------------

      Section 13110 establishes the National Boating Safety Advisory
    Council, the membership of the council, and compensation for
    individuals serving on the council. This council is to be
    established consistent with the Federal Advisory Committee Act
    (P.L. 92-463; 5 U.S.C. App.).

                                AMENDMENTS                            
      2004 - Subsec. (e). Pub. L. 108-293 substituted "September 30,
    2010" for "September 30, 2005".
      2002 - Subsec. (e). Pub. L. 107-295 substituted "September 30,
    2005" for "September 30, 2000".
      1996 - Subsec. (e). Pub. L. 104-324 substituted "2000" for
    "1996".
      1991 - Subsec. (e). Pub. L. 102-241 substituted "1996" for
    "1991".
      1988 - Subsec. (b)(1). Pub. L. 100-448 substituted
    "representatives of" for "members from" wherever appearing.
      1986 - Subsec. (a). Pub. L. 99-626, Sec. 3(b)(1), struck out "not
    more than" before "21 members" and inserted "recreational" after
    "experience in".
      Subsec. (b)(1). Pub. L. 99-626, Sec. 3(b)(2), amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "Insofar
    as practical and to ensure balanced representation, the Secretary
    shall appoint members equally from - 
        "(A) State officials responsible for State boating safety
      programs;
        "(B) recreational vessel manufacturers; and
        "(C) boating organizations and members of the general public."
      Subsec. (e). Pub. L. 99-626, Sec. 3(a)(1), added subsec. (e).

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

                     IMPLEMENTATION OF 1988 AMENDMENT                 
      Pub. L. 100-448, Sec. 20(b), Sept. 28, 1988, 102 Stat. 1846,
    provided that: "The Secretary of the department in which the Coast
    Guard is operating shall carry out the amendments made by
    subsection (a) [amending this section] as vacancies in the
    membership of the National Boating Safety Advisory Council occur."
      [For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.]

                     IMPLEMENTATION OF 1986 AMENDMENT                 
      Pub. L. 99-626, Sec. 3(b)(3), Nov. 7, 1986, 100 Stat. 3505,
    provided that: "The Secretary of Transportation shall carry out the
    amendments made by paragraph (2) [amending this section] as
    vacancies in the membership of the National Boating Safety Advisory
    Council occur."

-End-


-CITE-
    46 USC Part J - Measurement of Vessels                      01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels

-HEAD-
                      PART J - MEASUREMENT OF VESSELS                  


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Part J contains provisions that apply to the measurement of a
    vessel to determine its tonnage. Tonnage is a measurement of a
    vessel's volume and is used for international, customs, and
    regulatory purposes. This part implements the 1969 International
    Convention on Tonnage Measurement of Ships and provides a framework
    for phasing in the international system as the method of measuring
    ships domestically, to establish uniformity in ship measurement.
    The availability of an alternate domestic regulatory system of
    measurement is continued so that the application of domestic laws
    will be preserved in order that vessels engaged in domestic
    commerce will not be adversely affected.

-End-


-CITE-
    46 USC CHAPTER 141 - GENERAL                                01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 141 - GENERAL

-HEAD-
                           CHAPTER 141 - GENERAL                       

-MISC1-
    Sec.                                                     
    14101.      Definitions.                                          
    [14102.     Repealed.]                                            
    14103.      Delegation of authority.                              
    14104.      Measurement to determine application of a law.        

                                AMENDMENTS                            
      1990 - Pub. L. 101-595, title VI, Sec. 603(12)(B), Nov. 16, 1990,
    104 Stat. 2993, struck out item 14102 "Regulations".

-End-



-CITE-
    46 USC Sec. 14101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 141 - GENERAL

-HEAD-
    Sec. 14101. Definitions

-STATUTE-
      In this part - 
        (1) "Convention" means the International Convention on Tonnage
      Measurement of Ships, 1969.
        (2) "existing vessel" means a vessel the keel of which was laid
      or that was at a similar stage of construction before July 18,
      1982.
        (3) "Great Lakes" means - 
          (A) the Great Lakes; and
          (B) the St. Lawrence River west of - 
            (i) a rhumb line drawn from Cap des Rosiers to West Point,
          Anticosti Island; and
            (ii) on the north side of Anticosti Island, the meridian of
          longitude 63 degrees west.

        (4) "vessel engaged on a foreign voyage" means a vessel - 
          (A) arriving at a place under the jurisdiction of the United
        States from a place in a foreign country;
          (B) making a voyage between places outside the United States
        (except a foreign vessel engaged on that voyage);
          (C) departing from a place under the jurisdiction of the
        United States for a place in a foreign country; or
          (D) making a voyage between a place within a territory or
        possession of the United States and another place under the
        jurisdiction of the United States not within that territory or
        possession.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1919.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14101
      Source: International Convention on Tonnage Measurement of Ships.
      Section 14101 contains definitions that are limited to Part J -
    Measurement of Vessels. The source of these definitions is the
    International Convention on Tonnage Measurement of Ships in
    articles 2 and 4.

-End-



-CITE-
    46 USC Sec. 14102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 141 - GENERAL

-HEAD-
    Sec. 14102. Repealed.

-MISC1-
    [Sec. 14102. Repealed. Pub. L. 101-595, title VI, Sec. 603(12)(A),
      Nov. 16, 1990, 104 Stat. 2993].
      Section, Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986,
    100 Stat. 1919, authorized Secretary to prescribe regulations to
    carry out this part.

-End-



-CITE-
    46 USC Sec. 14103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 141 - GENERAL

-HEAD-
    Sec. 14103. Delegation of authority

-STATUTE-
      (a) The Secretary may delegate to a qualified person the
    authority to measure a vessel and issue an International Tonnage
    Certificate (1969) or other appropriate certificate of measurement
    under this part.
      (b) Under regulations prescribed by the Secretary, a decision of
    the person delegated authority under subsection (a) of this section
    related to measuring a vessel or issuing a certificate may be
    appealed to the Secretary.
      (c) For a vessel intended to be engaged on a foreign voyage, the
    Secretary may delegate to another country that is a party to the
    Convention the authority to measure the vessel and issue an
    International Tonnage Certificate (1969) under chapter 143 of this
    title.
      (d) The Secretary may terminate a delegation made under this
    section after giving written notice to the person.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1919.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14103
      Source: International Convention on Tonnage Measurement of Ships.
      Section 14103(a) authorizes the Secretary to delegate to a
    qualified person the authority to measure a vessel and issue an
    International Tonnage Certificate or other certificate of
    measurement. The term "qualified person" means an organization that
    the Secretary believes has the necessary qualifications to measure
    a vessel competently, such as the American Bureau of Shipping.
      The conferees intend that in section 14103 the term "qualified
    person" includes not only organizations that the Secretary finds to
    be qualified to perform measurement duties, but any person as that
    term is defined in section 1 of title 1, United States Code
    (including individuals), that the Secretary determines qualified to
    perform measurement duties. The House and Senate conferees also
    agree that, where authorized, in addition to information required
    by the Secretary, regulatory tonnage should be used on all
    certificates and documents related to a vessel unless the owner
    otherwise requests.
      Section 14103(b) provides for the appeal to the Secretary of a
    decision made by a person that has received delegated authority.
    This ensures that the Secretary has full oversight of delegated
    tonnage measurement functions.
      Section 14103(c) authorizes the Secretary to delegate to a
    country that is a party to the International Convention on Tonnage
    Measurement of Ships, 1969, the authority to measure a vessel and
    issue an International Tonnage Certificate.
      Section 14103(d) clarifies the Secretary's authority to revoke at
    any time and without cause a delegation of authority to measure a
    vessel or issue a certificate. This authority is given so that no
    delay occurs administratively in revoking a delegation wherever the
    Secretary decides a revocation is warranted.

-End-



-CITE-
    46 USC Sec. 14104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 141 - GENERAL

-HEAD-
    Sec. 14104. Measurement to determine application of a law

-STATUTE-
      (a) When the application of a law of the United States to a
    vessel depends on the vessel's tonnage, the vessel shall be
    measured under this part.
      (b) If a statute allows for an alternate tonnage to be prescribed
    under this section, the Secretary may prescribe it by regulation.
    Any such regulation shall be considered to be an interpretive
    regulation for purposes of section 553 of title 5. Until an
    alternate tonnage is prescribed, the statutorily established
    tonnage shall apply to vessels measured under chapter 143 or
    chapter 145 of this title.
      (c) The head of each Federal agency shall ensure that regulations
    issued by the agency that specify particular tonnages comply with
    the alternate tonnages implemented by the Secretary.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1920; Pub. L. 104-324, title VII, Sec. 702, Oct. 19, 1996, 110
    Stat. 3933.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14104
      Source: Section (U.S. Code) 46 App. U.S.C. 71.
      Section 14104 requires that a vessel be measured under Part J of
    this subtitle when the application of a U.S. law to the vessel
    depends on its tonnage.

                                AMENDMENTS                            
      1996 - Pub. L. 104-324 designated existing provisions as subsec.
    (a) and added subsecs. (b) and (c).

-End-


-CITE-
    46 USC CHAPTER 143 - CONVENTION MEASUREMENT                 01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-
                   CHAPTER 143 - CONVENTION MEASUREMENT               

-MISC1-
    Sec.                                                     
    14301.      Application.                                          
    14302.      Measurement.                                          
    14303.      International Tonnage Certificate (1969).             
    14304.      Remeasurement.                                        
    14305.      Optional regulatory measurement.                      
    14306.      Reciprocity for foreign vessels.                      
    14307.      Inspection of foreign vessels.                        

                       HISTORICAL AND REVISION NOTES                   
      Chapter 143 provides implementing legislation for the
    International Convention on Tonnage Measurement of Ships
    (Convention) which came into effect in the United States on
    February 10, 1983. Chapter 143, therefore, is based primarily on
    the Convention, not on provisions in existing U.S. law.

-End-



-CITE-
    46 USC Sec. 14301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-
    Sec. 14301. Application

-STATUTE-
      (a) Except as otherwise provided in this section, this chapter
    applies to the following:
        (1) a documented vessel.
        (2) a vessel that is to be documented under chapter 121 of this
      title.
        (3) a vessel engaged on a foreign voyage.

      (b) This chapter does not apply to the following:
        (1) a vessel of war.
        (2) a vessel of less than 24 meters (79 feet) overall in
      length.
        (3) a vessel operating only on the Great Lakes, unless the
      owner requests.
        (4) a vessel (except a vessel engaged on a foreign voyage) the
      keel of which was laid or that was at a similar stage of
      construction before January 1, 1986, unless - 
          (A) the owner requests; or
          (B) the vessel undergoes a change that the Secretary finds
        substantially affects the vessel's gross tonnage.

        (5) before July 19, 1994, an existing vessel unless - 
          (A) the owner requests; or
          (B) the vessel undergoes a change that the Secretary finds
        substantially affects the vessel's gross tonnage.

        (6) a barge (except a barge engaged on a foreign voyage) unless
      the owner requests.

      (c) A vessel made subject to this chapter at the request of the
    owner may be remeasured only as provided by this chapter.
      (d) After July 18, 1994, an existing vessel (except an existing
    vessel referred to in subsection (b)(5)(A) or (B) of this section)
    may retain its tonnages existing on July 18, 1994, for the
    application of relevant requirements under international agreements
    (except the Convention) and other laws of the United States.
    However, if the vessel undergoes a change substantially affecting
    its tonnage after July 18, 1994, the vessel shall be remeasured
    under this chapter.
      (e) This chapter does not affect an international agreement to
    which the United States Government is a party that is not in
    conflict with the Convention or the application of IMO Resolutions
    A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17,
    1983, and A.541 (XIII) of November 17, 1983.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1920; Pub. L. 101-595, title III, Sec. 305, Nov. 16, 1990, 104
    Stat. 2985.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14301
      Source: International Convention on Tonnage Measurement of Ships.
      Section 14301 delineates which vessels must be measured in
    compliance with the standards of the Convention.
      Section 14301(a) provides that a vessel must be measured under
    the standards of the Convention if it is documented or required by
    law to be documented under chapter 121 of this subtitle or if it is
    engaged on a foreign voyage, unless the vessel is specifically
    exempted under section 14301(b).
      Section 14301(b) provides the following exemptions from the
    requirement in section 14301(a) to be measured under the
    Convention:
        1. A vessel of war;
        2. A vessel of less than 24 meters (79 feet) overall in length
      ("overall in length" is defined in section 2101);
        3. A vessel that operates only on the Great Lakes (although the
      owner may request that it be measured under the Convention);
        4. A vessel whose keel was laid or was at a similar stage of
      construction before January 1, 1986, and is on a domestic voyage,
      unless the vessel undergoes a change that significantly changes
      its tonnage or the owner requests that the vessel be measured
      under the Convention; and
        5. A vessel whose keel was laid or was at a similar stage of
      construction before July 18, 1982, unless the vessel undergoes a
      change that significantly changes the vessel's tonnage or the
      owner requests that the vessel be measured under the Convention.
      Together, subsections (b)(4) and (5) provide that, unless the
    owner requests measurement under the Convention, unaltered vessels
    built before 1986 engaging only on domestic voyages do not have to
    be measured under the Convention or use Convention measurement for
    the application of any domestic laws. Further, these subsections
    provide that unaltered vessels that are built before July 18, 1982,
    engaging on foreign voyages do not have to be measured under the
    Convention until 1994 and are not required to use Convention
    measurement as a basis for the application of any domestic laws.
      Section 14301(c) provides that if a vessel owner requests that
    the vessel be measured under the Convention, the vessel may only be
    remeasured under the Convention.
      Section 14301(d) provides that after July 18, 1994, a vessel
    whose keel was laid or was at a similar stage of construction
    before July 18, 1982 may retain its regulatory tonnage for the
    application of requirements under U.S. laws or international
    agreements, except the International Convention on Tonnage
    Measurement of Ships. However, if the vessel was not required to be
    measured under the Convention, but the vessel's owner requested
    that the vessel be measured under the Convention system before July
    19, 1994, or if the vessel undergoes a change affecting its
    tonnage, the vessel may not use its regulatory tonnage for the
    application of U.S. laws or international agreements after July 19,
    1994.
      Section 14301(e) provides that this chapter does not affect any
    international agreement to which the United States is a party that
    is not in conflict with the International Convention on Tonnage
    Measurement of Ships, 1969. It further provides that this chapter
    does not affect the application of the three interim schemes of the
    International Maritime Organization, which are discussed under
    section 14305 below.

                                AMENDMENTS                            
      1990 - Subsec. (b)(6). Pub. L. 101-595 added par. (6).

                            REPORT TO CONGRESS                        
      Pub. L. 99-509, title V, Sec. 5103(g), Oct. 21, 1986, 100 Stat.
    1927, provided that: "The Secretary of Transportation shall - 
        "(1) before July 19, 1990, submit to Congress - 
          "(A) a study of - 
            "(i) the impact of applying vessel tonnage determined under
          chapter 143 of title 46 (as enacted by section 5101 of this
          subtitle), United States Code, in laws of the United States
          that contain provisions based on tonnage, including an
          analysis of the number and types of vessels that would become
          subject to additional laws or more stringent requirements
          because of that application; and
            "(ii) the extent to which the tonnage thresholds in laws of
          the United States whose application is based on tonnage would
          have to be raised so that additional vessels would not become
          subject to those laws if their application is based on
          tonnage determined under chapter 143; and
          "(B) a recommendation of the levels to which the tonnage
        thresholds in laws of the United States whose application is
        based on tonnage should be raised if a complete conversion to
        the International Convention measurement system under chapter
        143 is made;
        "(2) in conducting the study under clause (1) of this
      subsection, consult with representatives of the private sector
      having experience with the operation of vessels likely to be
      affected by laws of the United States whose application is based
      on tonnage; and
        "(3) before July 19, 1988, submit to Congress an interim
      progress report on the study conducted under clause (1) of this
      subsection."

-End-



-CITE-
    46 USC Sec. 14302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-
    Sec. 14302. Measurement

-STATUTE-
      (a) The Secretary shall measure a vessel to which this chapter
    applies in the way provided by this chapter and the Convention.
      (b) Except as provided in section 1602(a) of the Panama Canal Act
    of 1979 (22 U.S.C. 3792(a)), a vessel measured under this chapter
    may not be required to be measured under another law.
      (c) Unless otherwise provided by law, the measurement of a vessel
    under this chapter applies to a law of the United States whose
    applicability depends on a vessel's tonnage, if that law - 
        (1) becomes effective after July 18, 1994; or
        (2) is in effect before July 19, 1994, is not enumerated in
      section 14305 of this title, and is identified by the Secretary
      by regulation as a law to which this chapter applies.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1921.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14302
      Source: International Convention on Tonnage Measurement of Ships.
      Section 14302(a) requires the Secretary to measure a vessel to
    which this chapter applies, in the way provided by this chapter and
    by the Convention. Section 14302(b) provides that a vessel that is
    required to be measured under this chapter can not also be required
    to be measured under another law. The exception allows the Panama
    Canal Commission to continue to use the Canal measurement system
    for calculation of tolls. Section 14302(c) provides that the
    applicability of tonnage-based laws that become effective after
    July 18, 1994, will be based on Convention tonnage measurements.
    The applicability of tonnage-based laws in effect before July 19,
    1994, which are listed by the Secretary, will also be based on
    Convention tonnage. Therefore, the laws that will be based on
    regulatory tonnage are those not listed by the Secretary by
    regulation and those listed in section 14305 of this legislation.

-End-



-CITE-
    46 USC Sec. 14303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-
    Sec. 14303. International Tonnage Certificate (1969)

-STATUTE-
      (a) After measuring a vessel under this chapter, the Secretary
    shall issue, on request of the owner, an International Tonnage
    Certificate (1969) and deliver it to the owner or master of the
    vessel.
      (b) The certificate shall be maintained as required by the
    Secretary.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1921.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14303
      Source: International Convention on Tonnage Measurement of Ships.
      Section 14303(a) requires the Secretary to issue, on the request
    of the owner, an International Tonnage Certificate after measuring
    a vessel under this chapter. Section 14303(b) requires that the
    certificate be maintained as required by the Secretary.

-End-



-CITE-
    46 USC Sec. 14304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-
    Sec. 14304. Remeasurement

-STATUTE-
      (a) To the extent necessary, the Secretary shall remeasure a
    vessel to which this chapter applies if - 
        (1) the Secretary or the owner alleges an error in its
      measurement; or
        (2) the vessel or the use of its space is changed in a way that
      substantially affects its tonnage.

      (b) Except as provided in this chapter or section 14504 of this
    title, a vessel that has been measured does not have to be
    remeasured to obtain another document or endorsement under chapter
    121 of this title.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1921.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14304
      Source: International Convention on Tonnage Measurement of Ships.
      Section 14304(a) requires the Secretary to remeasure a vessel, to
    the extent necessary, if there is an alleged error regarding its
    measurement or if the vessel or its use undergoes a change
    substantially affecting its tonnage. The phrase "to the extent
    necessary" was included to indicate that a complete remeasurement
    of the vessel may not be necessary if, for example, an error was
    made in one portion of the vessel's measurement and only that
    portion needs to be remeasured.
      Section 14304(b) provides that except as provided in section
    14504, a vessel that has been measured does not have to be
    remeasured to obtain another document or endorsement under chapter
    121 of this title.

-End-



-CITE-
    46 USC Sec. 14305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-
    Sec. 14305. Optional regulatory measurement

-STATUTE-
      (a) On request of the owner of a documented vessel measured under
    this chapter, the Secretary also shall measure the vessel under
    chapter 145 of this title. The tonnages determined under that
    chapter shall be used in applying - 
        (1) parts A, B, C, E, F, and G of this subtitle and section
      12116 of this title;
        (2) section 3(d)(3) of the Longshore and Harbor Workers'
      Compensation Act (33 U.S.C. 903(d)(3));
        (3) section 4 of the Bridge to Bridge Radiotelephone Act (33
      U.S.C. 1203(a));
        (4) section 4(a)(3) of the Ports and Waterways Safety Act (33
      U.S.C. 1223(a)(3));
        (5) section 30506 of this title;
        (6) sections 12118 and 12132 of this title;
        (7) section 12139(b) of this title;
        (8) sections 351, 352, 355, and 356 of the Ship Radio Act (47
      U.S.C. 351, 352, 354, and 354a);
        (9) section 403 of the Commercial Fishing Industry Vessel Act
      (46 U.S.C. 3302 note);
        (10) the Officers' Competency Certificates Convention, 1936,
      and sections 8303 and 8304 of this title;
        (11) the International Convention for the Safety of Life at Sea
      as provided by IMCO Resolution A.494 (XII) of November 19, 1981;
        (12) the International Convention on Standards of Training,
      Certification, and Watchkeeping for Seafarers, 1978, as provided
      by IMO Resolution A.540 (XIII) of November 17, 1983;
        (13) the International Convention for the Prevention of
      Pollution from Ships, 1973, as modified by the Protocol of 1978
      Relating to the International Convention for the Prevention of
      Pollution from Ships, 1973, as provided by IMO Resolution A.541
      (XIII) of November 17, 1983;
        (14) provisions of law establishing the threshold tonnage
      levels at which evidence of financial responsibility must be
      demonstrated; or
        (15) unless otherwise provided by law, any other law of the
      United States in effect before July 19, 1994, and not listed by
      the Secretary under section 14302(c) of this title.

      (b) As long as the owner of a vessel has a request in effect
    under subsection (a) of this section, the tonnages determined under
    that request shall be used in applying the other provisions of law
    described in subsection (a) to that vessel.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1921; Pub. L. 109-304, Sec. 15(26), Oct. 6, 2006, 120 Stat. 1704.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14305
      Source: International Convention on Tonnage Measurement of Ships.
      Section 14305 requires that the Secretary measure a vessel under
    chapter 145 (Regulatory Measurement) of this title (in addition to
    measuring it under the Convention) at the request of the owner. For
    vessels that have obtained a regulatory tonnage measurement under
    this section, the Secretary is required to use the regulatory
    tonnage measurement to determine the application of those laws
    listed in section 14305(a) and those not listed by the Secretary by
    regulation, as provided in section 14302(c). It is the intent of
    the Committee to list in section 14305(a) certain U.S. tonnage-
    based laws that would impose increased regulatory burdens on
    industry if the Convention measurement were used for applicability
    determinations.
      Clause (1) of section 14305(a) includes the following parts of
    subtitle II of title 46, U.S.C.:
        Part A: General provisions (including definitions.)
        Part B: Inspection and Regulation of Vessels.
        Part C: Load Lines, which is enacted as part of this
      legislation. Although most load line requirements are based on
      vessel length, and not tonnage, a few requirements are based on
      tonnage. (It is only the tonnage based requirements to which this
      provision applies.)
        Part E: Licenses, Certificates, and Merchant Mariners'
      Documents.
        Part F: Manning of Vessels.
        Part G: Merchant Seamen Protection and Relief.
        Part H: Sections 12106(c) and 12108(c) only - Identification of
      Vessels.
      The other U.S. laws listed in clause (2) through (10) of this
    section are self-explanatory. Clause (10) refers to domestic law as
    well as the Officers' Competency Certificates Convention, 1936.
      In addition, three other international conventions are listed in
    clauses (11) through (13): (1) the Convention for the Safety of
    Life at Sea, (2) the Convention on the Standards of Training,
    Certification, and Watchkeeping for Seafarers, and (3) the
    Convention for the Prevention of Pollution from Ships. The
    International Maritime Organization has established interim schemes
    which address the use of the Convention tonnage measurement system
    as a basis for the applicability of these three conventions. The
    applicable sections of those schemes are the following:
      The International Convention for the Safety of Life at Sea: IMCO
    Resolution A.494 (XII) of November 19, 1981 provides "that at the
    request of a shipowner, the Administration may allow a ship
    required to be measured under the provisions of the International
    Convention on Tonnage Measurement of Ships, 1969, to use the gross
    tonnage measured under the national tonnage rules which are in
    effect prior to the coming into force of the 1969 Tonnage
    Convention, for the purpose of application of the provisions of the
    International Convention for the Safety of Life at Sea, such
    tonnage, however, shall not be shown on the 1969 Tonnage
    Certificate." The resolution further provides that "the interim
    scheme shall not apply to ships the keels of which are laid after
    31 December 1985 with the following exceptions:
        "(a) In respect of the requirements of Regulation 3 of Chapter
      IV of the 1974 SOLAS Convention for ships the keels of which are
      laid before 18 July 1994, the Administration may continue to
      apply the interim scheme, in which case the above-mentioned entry
      should be made in the Radio-telephony Certificate only; and
        "(b) In respect of the regulations for cargo ships of less than
      1,600 tons gross tonnage (as measured under national systems),
      the keels of which are laid after 31 December 1985, the
      Administration may continue to apply the interim scheme until 18
      July 1984."
      The International Convention on Standards of Training,
    Certification, and Watchkeeping for Seafarers, 1978: IMO Resolution
    A.540 (XIII) of November 17, 1983, provides "that the revised
    interim scheme for tonnage measurement for certain ships adopted by
    resolution A.494 (XII), [described above] should also be applicable
    in respect of the provision of the International Convention, and
    Watchkeeping for Seafarers, 1978."
      The International Convention for the Prevention of Pollution from
    Ships, 1973, as modified by the Protocol of 1978 Relating to the
    International Convention for the Prevention of Pollution from
    Ships, 1973: IMO Resolution A.541 (XIII) of November 17, 1983,
    provides that:
        At the request of a shipowner, the Administration may allow a
      ship of less than 400 tons gross tonnage (measured under the
      previous national tonnage rules) the keel of which is laid on or
      before 31 December 1985 and which is required to be measured
      under the provisions of the International Convention on Tonnage
      Measurement of Ships, 1969, to use the gross tonnage measured
      under the national tonnage rules which were in effect prior to
      the coming into force of the 1969 Tonnage Convention, for the
      purpose of application of the provisions of MARPOL 73/78. Such
      tonnage, however, shall not be shown on the 1969 Tonnage
      Certificate.
      It further provides that "the interim scheme shall not apply to
    ships the keels of which are laid after 31 December 1985, except
    that in respect of regulations for ships of less than 400 tons
    gross tonnage (as measured under previous national rules), the
    keels of which are laid after 31 December 1985, the Administration
    may continue to apply the interim scheme until 18 July 1994."
      Clause (14) provides that the regulatory measurement system may
    be used to determine which vessels must demonstrate evidence of
    financial responsibility (when such a demonstration is required by
    law). If it is determined that a vessel must show evidence of
    financial responsibility, the limits of financial responsibility
    are determined using the vessel's Convention measurement.
      Clause (15) provides that the regulatory measurement system may
    be used for the application of laws not identified by the Secretary
    under section 14302(c).
      Section 14305(b) provides that if a vessel is measured under the
    regulatory tonnage measurement system for the application of one
    law listed in subsection (a), it must be measured under that system
    for the application of all laws listed in subsection (a).

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4 of the Bridge to Bridge Radiotelephone Act (33 U.S.C.
    1203(a)), referred to in subsec. (a)(3), probably means section
    4(a) of the Vessel Bridge-to-Bridge Radiotelephone Act, which is
    classified to section 1203(a) of Title 33, Navigation and Navigable
    Waters.
      Sections 351, 352, 355, and 356 of the Ship Radio Act (47 U.S.C.
    351, 352, 354, and 354a), referred to in subsec. (a)(8), probably
    means sections 351, 352, 355, and 356 of the Communications Act of
    1934, June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which are
    classified to sections 351, 352, 354, and 354a, respectively, of
    Title 47, Telegraphs, Telephones, and Radiotelegraphs.
      The Officers' Competency Certificates Convention, 1936, referred
    to in subsec. (a)(10), is set out in 54 Stat. Pt. 2, p. 1683.
      For provisions relating to International Conventions for the
    Safety of Life at Sea, referred to in subsec. (a)(11), to which the
    United States has been a party, see section 1602 of Title 33,
    Navigation and Navigable Waters, and notes thereunder.
      For provisions relating to the International Convention for the
    Prevention of Pollution from Ships, as modified, referred to in
    subsec. (a)(13), see chapter 33 (Sec. 1901 et seq.) of Title 33.


-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1). Pub. L. 109-304, Sec. 15(26)(A),
    substituted "of this subtitle and section 12116" for "and sections
    12106(c) and 12108(c)".
      Subsec. (a)(5). Pub. L. 109-304, Sec. 15(26)(B), substituted
    "section 30506 of this title" for "section 4283 of the Revised
    Statutes of the United States (46 App. U.S.C. 183)".
      Subsec. (a)(6). Pub. L. 109-304, Sec. 15(26)(C), substituted
    "sections 12118 and 12132 of this title" for "sections 27 and 27A
    of the Act of June 5, 1920 (46 App. U.S.C. 883 and 883-1)".
      Subsec. (a)(7). Pub. L. 109-304, Sec. 15(26)(D), substituted
    "section 12139(b) of this title" for "Act of July 14, 1956 (46 App.
    U.S.C. 883a)".

-End-



-CITE-
    46 USC Sec. 14306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-
    Sec. 14306. Reciprocity for foreign vessels

-STATUTE-
      (a) When the Secretary finds that the laws and regulations of a
    foreign country related to measurement of vessels are similar to
    those of this chapter and the regulations prescribed under this
    chapter, or when a foreign country is a party to the Convention,
    the Secretary shall accept the measurement and certificate of a
    vessel of that foreign country as complying with this chapter and
    the regulations prescribed under this chapter.
      (b) Subsection (a) of this section does not apply to a vessel of
    a foreign country that does not recognize measurements under this
    chapter. The Secretary may apply measurement standards the
    Secretary considers appropriate to the vessel, subject to
    applicable international agreements to which the United States
    Government is a party.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1922.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14306
      Source: International Convention on Tonnage Measurement of Ships.
    Section (U.S. Code) 46 App. U.S.C. 81.
      Section 14306(a) requires that the Secretary accept the
    measurement and certificate of a vessel of a foreign country as
    evidence of compliance with this chapter when the Secretary finds
    that the laws and regulations of that foreign country that are
    related to measurement are similar to those of this chapter, or
    that that country is a party to the Convention.
      Section 14306(b) provides that the Secretary does not have to
    accept the measurement and certificate of a vessel of a country
    that does not recognize United States measurements. It also
    authorizes the Secretary to apply appropriate measurement standards
    to such foreign vessels, subject to international agreements to
    which the United States is a party.

-End-



-CITE-
    46 USC Sec. 14307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-
    Sec. 14307. Inspection of foreign vessels

-STATUTE-
      (a) The Secretary may inspect a vessel of a foreign country to
    verify that - 
        (1) the vessel has an International Tonnage Certificate (1969)
      and the main characteristics of the vessel correspond to the
      information in the certificate; or
        (2) if the vessel is from a country not a party to the
      Convention, the vessel has been measured under laws and
      regulations similar to those of this chapter and the regulations
      prescribed under this chapter.

      (b) For a vessel of a country that is a party to the Convention,
    if the inspection reveals that the vessel does not have an
    International Tonnage Certificate (1969) or that the main
    characteristics of the vessel differ from those stated on the
    certificate or other records in a way that increases the gross or
    net tonnage of the vessel, the Secretary promptly shall inform the
    country whose flag the vessel is flying.
      (c) For a vessel of a country not a party to the Convention - 
        (1) if the vessel has been measured under laws and regulations
      that the Secretary finds are similar to those of this chapter and
      the regulations prescribed under this chapter, the vessel shall
      be deemed to have been issued an International Tonnage
      Certificate (1969); and
        (2) if the vessel has not been measured as described in clause
      (1) of this subsection, the Secretary may measure the vessel.

      (d) An inspection under this section shall be conducted in a way
    that does not delay a vessel of a country that is a party to the
    Convention.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1922.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14307
      Source: International Convention on Tonnage Measurement of Ships.
      Section 14307(a) authorizes the Secretary to inspect a vessel of
    a foreign country to verify that the vessel has an International
    Tonnage Certificate and that the main characteristics of the vessel
    correspond to the information in the certificate. Section 14307(a)
    also authorizes the Secretary to inspect a vessel from a foreign
    country that is not a party to the Convention in order to verify
    that the vessel has been measured under laws and regulations
    similar to those of this chapter.
      Section 14307(b) requires that if the Secretary inspects a vessel
    of a country that is a party to the Convention and finds that the
    vessel does not have an International Tonnage Certificate or that
    the main characteristics of the vessel differ from those stated on
    the certificate or other records in a way that increases the gross
    or net tonnage of the vessel, the Secretary must inform the country
    whose flag the vessel is flying.
      Section 14307(c) provides that if the Secretary finds that a
    vessel of a country not a party to the Convention has been measured
    under laws and regulations similar to those of this chapter, that
    the vessel shall be deemed to have been issued an International
    Tonnage Certificate. It also provides that the Secretary may
    measure the vessel if the Secretary finds that the vessel has not
    been measured under laws and regulations similar to those of this
    chapter.
      Section 14307(d) provides that an inspection under this section
    shall be conducted in a way that does not delay a vessel of a
    country that is a party to the Convention.

-End-


-CITE-
    46 USC CHAPTER 145 - REGULATORY MEASUREMENT                 01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT

-HEAD-
                   CHAPTER 145 - REGULATORY MEASUREMENT               


-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    14501.      Application.                                          
    14502.      Measurement.                                          
    14503.      Certificate of measurement.                           
    14504.      Remeasurement.                                        

                      SUBCHAPTER II - FORMAL SYSTEMS                  
    14511.      Application.                                          
    14512.      Standard tonnage measurement.                         
    14513.      Dual tonnage measurement.                             

                    SUBCHAPTER III - SIMPLIFIED SYSTEM                
    14521.      Application.                                          
    14522.      Measurement.                                          

                       HISTORICAL AND REVISION NOTES                   
      This chapter provides for the measurement of vessels for the
    purpose of the application of domestic laws.

-End-


-CITE-
    46 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      This subchapter contains the general provisions for implementing
    regulatory measurement systems.

-End-



-CITE-
    46 USC Sec. 14501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 14501. Application

-STATUTE-
      This chapter applies to the following:
        (1) a vessel not measured under chapter 143 of this title if - 
          (A) the vessel is to be documented under chapter 121 of this
        title; or
          (B) the application of a law of the United States to the
        vessel depends on the vessel's tonnage.

        (2) a vessel measured under chapter 143 of this title if the
      owner requests that the vessel also be measured under this
      chapter as provided in section 14305 of this title.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1923.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14501
      Source: Section (U.S. Code) 46 App. U.S.C. 71.
      Section 14501 delineates the vessels that must be measured under
    this chapter, i.e. under the regulatory tonnage measurement system.
    Section 14501(1) states that a vessel must be measured under this
    chapter if the vessel has not been measured under the International
    Convention on Tonnage Measurement of Ships, and if the vessel is to
    be documented as a vessel of the United States under chapter 121 of
    this subtitle, or if the application of a United States law depends
    on the vessels tonnage. Section 14501(2) states that a vessel must
    be measured under the regulatory measurement system if the owner
    requests.

-End-



-CITE-
    46 USC Sec. 14502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 14502. Measurement

-STATUTE-
      The Secretary shall measure a vessel to which this chapter
    applies in the way provided by this chapter.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1923.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14502
      Source: Section (U.S. Code) 46 App. U.S.C. 71, 77, 83.
      Section 14502 requires the Secretary to measure a vessel to which
    this chapter applies as provided by this chapter.

-End-



-CITE-
    46 USC Sec. 14503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 14503. Certificate of measurement

-STATUTE-
      The Secretary shall prescribe the certificate to be issued as
    evidence of a vessel's measurement under this chapter.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1923.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14503
      Source: Section (U.S. Code) 46 App. U.S.C. 72.
      Section 14503 requires the Secretary to issue a certificate, in a
    manner that is to be prescribed by the Secretary, as evidence of a
    vessel's regulatory measurement.

-End-



-CITE-
    46 USC Sec. 14504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 14504. Remeasurement

-STATUTE-
      (a) To the extent necessary, the Secretary shall remeasure a
    vessel to which this chapter applies if - 
        (1) the Secretary or the owner alleges an error in its
      measurement;
        (2) the vessel or the use of its space is changed in a way that
      substantially affects its tonnage;
        (3) after being measured under subchapter III of this chapter,
      the vessel becomes subject to subchapter II of this chapter
      because the vessel or its use is changed; or
        (4) although not required to be measured under subchapter II of
      this chapter, the vessel was measured under subchapter II and the
      owner requests that the vessel be measured under subchapter III
      of this chapter.

      (b) Except as provided in this section and chapter 143 of this
    title, a vessel that has been measured does not have to be
    remeasured to obtain another document or endorsement under chapter
    121 of this title.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1923.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14504
      Source: Section (U.S. Code) 46 App. U.S.C. 71.
      Section 14504(a) provides that the Secretary shall remeasure a
    vessel that has been measured under the regulatory measurement
    system if either the Secretary or the owner alleges an error in its
    measurement; if the vessel, or its use, undergoes a substantial
    change affecting its tonnage; if the vessel loses its eligibility
    for measurement under the simplified system because of a change in
    the vessel or its use; or if the vessel owner requests that the
    vessel be measured under the simplified system after having been
    measured under the standard regulatory measurement system. Section
    14504(b) provides that a vessel that has been measured does not
    have to be remeasured to obtain another document or endorsement
    under chapter 121 - "Documentation of Vessels" - except as provided
    above or in chapter 143 of this subtitle.

-End-


-CITE-
    46 USC SUBCHAPTER II - FORMAL SYSTEMS                       01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT
    SUBCHAPTER II - FORMAL SYSTEMS

-HEAD-
                      SUBCHAPTER II - FORMAL SYSTEMS                  


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      This subchapter provides for the standard regulatory measurement
    of vessels for vessels that do not qualify for the simplified
    measurement systems.

-End-



-CITE-
    46 USC Sec. 14511                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT
    SUBCHAPTER II - FORMAL SYSTEMS

-HEAD-
    Sec. 14511. Application

-STATUTE-
      This subchapter applies to a vessel described in section 14501 of
    this title if - 
        (1) the owner requests; or
        (2) the vessel is - 
          (A) self-propelled;
          (B) at least 24 meters (79 feet) overall in length; and
          (C) not operated only for pleasure.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1924.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14511
      Source: Section (U.S. Code) 46 App. U.S.C. 71.
      Section 14511 lists the types of vessels that are to be measured
    under the standard regulatory measurement system. They are vessels
    for which the owner requests a standard measurement or vessels
    which are self-propelled, at least 79 feet in length, and not
    operated only for pleasure.

-End-



-CITE-
    46 USC Sec. 14512                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT
    SUBCHAPTER II - FORMAL SYSTEMS

-HEAD-
    Sec. 14512. Standard tonnage measurement

-STATUTE-
      (a) The Secretary shall prescribe regulations for measuring the
    gross and net tonnages of a vessel under this subchapter. The
    regulations shall provide for tonnages comparable to the tonnages
    that could have been assigned under sections 4151 and 4153 of the
    Revised Statutes of the United States, as sections 4151 and 4153
    existed immediately before the enactment of this section.
      (b) On application of the owner or master of a vessel of the
    United States used in foreign trade, the Secretary may attach an
    appendix to the vessel's register stating the measurement of spaces
    that may be deducted from gross tonnage under laws and regulations
    of other countries but not under those of the United States.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1924.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14512
      Source: Section (U.S. Code) 46 App. U.S.C. 75, 77.
      Section 14512(a) requires the Secretary to prescribe regulations
    for regulatory measurement systems. It further provides that the
    regulations must allow for the determination of tonnages similar to
    those that could have been found under the existing law (46 App.
    U.S.C. 75 & 77).
      Section 14512(b) authorizes the Secretary to attach an appendix
    to a vessel's register stating the measurement of spaces that may
    be deducted from the gross tonnage under laws and regulations of
    other countries but not under the laws of the United States.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 4151 and 4153 of the Revised Statutes, referred to in
    subsec. (a), were classified to sections 75 and 77, respectively,
    of the former Appendix to this title and were repealed by Pub. L.
    99-509, title V, Sec. 5104(b), Oct. 21, 1986, 100 Stat. 1928.

-End-



-CITE-
    46 USC Sec. 14513                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT
    SUBCHAPTER II - FORMAL SYSTEMS

-HEAD-
    Sec. 14513. Dual tonnage measurement

-STATUTE-
      (a) On application by the owner and approval by the Secretary,
    the tonnage of spaces prescribed by the Secretary may be excluded
    in measuring under this section the gross tonnage of a vessel
    measured under section 14512 of this title. The spaces prescribed
    by the Secretary shall be comparable to the spaces that could have
    been excluded under section 2 of the Act of September 29, 1965
    (Public Law 89-219, 79 Stat. 891), as section 2 existed immediately
    before the enactment of this section.
      (b) The Secretary shall prescribe the design, location, and
    dimensions of the tonnage mark to be placed on a vessel measured
    under this section.
      (c)(1) If a vessel's tonnage mark is below the uppermost part of
    the load line marks, each certificate stating the vessel's tonnages
    shall state the gross and net tonnages when the mark is submerged
    and when it is not submerged.
      (2) Except as provided in paragraph (1) of this subsection, a
    certificate stating a vessel's tonnages may state only one set of
    gross and net tonnages.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1924.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14513
      Source: Section (U.S. Code) 46 App. U.S.C. 83 to 83g.
      Section 14513 gives discretionary authority to the Secretary to
    exclude certain spaces in measuring the regulatory tonnage of a
    vessel, and requires the Secretary to prescribe the design,
    location and dimensions of the tonnage mark to be placed on the
    vessel. Section 14513 further provides that if spaces are excluded
    by the Secretary, they shall be comparable to those the Secretary
    could have excluded in existing law (46 App. U.S.C. 83a). Section
    14513(c) provides that if a vessel's tonnage mark is below the
    uppermost part of the load line mark, each certificate that states
    the vessel's tonnages must state the gross and net tonnages when
    the mark is submerged and when it is not submerged.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2 of the Act of September 29, 1965, referred to in
    subsec. (a), was classified to section 83a of the former Appendix
    to this title and was repealed by Pub. L. 99-509, title V, Sec.
    5104(b), Oct. 21, 1986, 100 Stat. 1928.

-End-


-CITE-
    46 USC SUBCHAPTER III - SIMPLIFIED SYSTEM                   01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT
    SUBCHAPTER III - SIMPLIFIED SYSTEM

-HEAD-
                    SUBCHAPTER III - SIMPLIFIED SYSTEM                


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      This subchapter provides for a simplified regulatory measurement
    of vessels that are either non-self-propelled, under 79 in length,
    or operated only for pleasure.

-End-



-CITE-
    46 USC Sec. 14521                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT
    SUBCHAPTER III - SIMPLIFIED SYSTEM

-HEAD-
    Sec. 14521. Application

-STATUTE-
      This subchapter applies to a vessel described in section 14501 of
    this title that is not measured under subchapter II of this
    chapter.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1925.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14521
      Source: Section (U.S. Code) 46 App. U.S.C. 71.
      Section 14521 provides that vessels that are to be measured under
    the regulatory measurement system in this chapter, but are not
    measured under the standard regulatory measurement system in
    subchapter II, shall be measured under the simplified measurement
    system.

-End-



-CITE-
    46 USC Sec. 14522                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 145 - REGULATORY MEASUREMENT
    SUBCHAPTER III - SIMPLIFIED SYSTEM

-HEAD-
    Sec. 14522. Measurement

-STATUTE-
      (a) In this section, "length" means the horizontal distance of
    the hull between the foremost part of the stem and the aftermost
    part of the stern, excluding fittings and attachments.
      (b)(1) The Secretary shall assign gross and net tonnages to a
    vessel based on its length, breadth, depth, other dimensions, and
    appropriate coefficients.
      (2) The Secretary shall prescribe the way dimensions (except
    length) are measured and which coefficients are appropriate.
      (c) The resulting gross tonnages, taken as a group, reasonably
    shall reflect the relative internal volumes of the vessels measured
    under this subchapter. The resulting net tonnages shall be in
    approximately the same ratios to corresponding gross tonnages as
    are the net and gross tonnages of comparable vessels measured under
    subchapter II of this chapter.
      (d) Under regulations prescribed by the Secretary, the Secretary
    may determine the gross and net tonnages of a vessel representative
    of a designated class, model, or type, and then assign those gross
    and net tonnages to other vessels of the same class, model, or
    type.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1925.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14522
      Source: Section (U.S. Code) 46 App. U.S.C. 71.
      Section 14522(a) defines the term "length" as it is used in the
    simplified measurement system.
      Section 14522(b) requires the Secretary to assign gross and net
    tonnages under the simplified system, based on a vessel's length,
    breadth, depth, other dimensions and appropriate coefficients, as
    the Secretary deems appropriate.
      Section 14522(c) provides that the gross tonnages as measured
    under this section shall reflect the relative internal volumes of
    vessels. It provides further that the net tonnages measured under
    this section shall be in approximately the same ratio to
    corresponding gross tonnages as are the net and gross tonnages of
    comparable vessels measured under the standard regulatory
    measurement system.

-End-


-CITE-
    46 USC CHAPTER 147 - PENALTIES                              01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 147 - PENALTIES

-HEAD-
                          CHAPTER 147 - PENALTIES                      

-MISC1-
    Sec.                                                     
    14701.      General violation.                                    
    14702.      False statements.                                     

                       HISTORICAL AND REVISION NOTES                   
      This chapter provides for penalties for violations of Part J -
    Measurement of Vessels.

-End-



-CITE-
    46 USC Sec. 14701                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 147 - PENALTIES

-HEAD-
    Sec. 14701. General violation

-STATUTE-
      The owner, charterer, managing operator, agent, master, and
    individual in charge of a vessel violating this part or a
    regulation prescribed under this part are each liable to the United
    States Government for a civil penalty of not more than $20,000.
    Each day of a continuing violation is a separate violation. The
    vessel also is liable in rem for the penalty.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1925.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14701
      Source: Section (U.S. Code) 46 App. U.S.C. 83j.
      Section 14701 provides that the owner, charterer, managing
    operator, agent, master, and individual in charge of a vessel
    violating Part J - Measurement of Vessels - are each liable to the
    U.S. Government for a civil penalty of not more than $20,000. It
    also provides that the vessel is liable in rem for the penalty and
    that each day of a continuing violation is a separate violation.

-End-



-CITE-
    46 USC Sec. 14702                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part J - Measurement of Vessels
    CHAPTER 147 - PENALTIES

-HEAD-
    Sec. 14702. False statements

-STATUTE-
      A person knowingly making a false statement or representation in
    a matter in which a statement or representation is required by this
    part or a regulation prescribed under this part is liable to the
    United States Government for a civil penalty of not more than
    $20,000 for each false statement or representation. The vessel also
    is liable in rem for the penalty.

-SOURCE-
    (Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat.
    1925.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 14702
      Source: Section (U.S. Code) 46 App. U.S.C. 83i.
      Section 14702 provides that a person knowingly making a false
    statement or representation in a matter in which a statement or
    representation is required by this part or a regulation prescribed
    under this part is liable to the United States Government for a
    civil penalty of not more than $20,000 for each false statement or
    representation. It further provides that the vessel is liable in
    rem for the penalty. This penalty is increased from $1,000 in
    existing law and conforms with the level of similar penalties
    throughout the subtitle.

-End-


-CITE-
    46 USC Subtitle III - Maritime Liability                    01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability

-HEAD-
    Subtitle III - Maritime Liability

-MISC1-
    Chapter                                                          Sec.
    301.    General Liability Provisions                           30101
    303.    Death on the High Seas                                 30301
    305.    Exoneration and Limitation of Liability                30501
    307.    Liability of Water Carriers                            30701
    309.    Suits in Admiralty Against the United States           30901
    311.    Suits Involving Public Vessels                         31101
    313.    Commercial Instruments and Maritime Liens              31301

                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 6(a), Oct. 6, 2006, 120 Stat. 1509,
    amended subtitle analysis generally, substituting "General
    Liability Provisions" for "General" in item for chapter 301,
    striking out "[Chapters 303-311 - Reserved]" after item for chapter
    301, adding items for chapters 303, 305, 307, 309, and 311, and
    striking out "[Chapter 315 - Reserved]" after item for chapter 313.

-End-


-CITE-
    46 USC CHAPTER 301 - GENERAL LIABILITY PROVISIONS           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 301 - GENERAL LIABILITY PROVISIONS

-HEAD-
                CHAPTER 301 - GENERAL LIABILITY PROVISIONS            

-MISC1-
    Sec.                                                     
    30101.      Extension of jurisdiction to cases of damage or injury
                 on land.                                             
    30102.      Liability to passengers.                              
    30103.      Liability of master, mate, engineer, and pilot.       
    30104.      Personal injury to or death of seamen.                
    30105.      Restriction on recovery by non-citizens and
                 non-resident aliens for incidents in waters of other
                 countries.                                           
    30106.      Time limit on bringing maritime action for personal
                 injury or death.                                     

                             PRIOR PROVISIONS                         
      A prior chapter 301, consisting of section 30101, provided
    definitions for purposes of this subtitle, prior to repeal by Pub.
    L. 109-304, Sec. 6(b), Oct. 6, 2006, 120 Stat. 1509.

-End-



-CITE-
    46 USC Sec. 30101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 301 - GENERAL LIABILITY PROVISIONS

-HEAD-
    Sec. 30101. Extension of jurisdiction to cases of damage or injury
      on land

-STATUTE-
      (a) In General. - The admiralty and maritime jurisdiction of the
    United States extends to and includes cases of injury or damage, to
    person or property, caused by a vessel on navigable waters, even
    though the injury or damage is done or consummated on land.
      (b) Procedure. - A civil action in a case under subsection (a)
    may be brought in rem or in personam according to the principles of
    law and the rules of practice applicable in cases where the injury
    or damage has been done and consummated on navigable waters.
      (c) Actions Against United States. - 
        (1) Exclusive remedy. - In a civil action against the United
      States for injury or damage done or consummated on land by a
      vessel on navigable waters, chapter 309 or 311 of this title, as
      appropriate, provides the exclusive remedy.
        (2) Administrative claim. - A civil action described in
      paragraph (1) may not be brought until the expiration of the 6-
      month period after the claim has been presented in writing to
      the agency owning or operating the vessel causing the injury or
      damage.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1509.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30101          46 App.:740.            June 19, 1948, ch. 526, 62   
                                            Stat. 496.                  
    --------------------------------------------------------------------

      In subsections (b) and (c), the words "civil action" are
    substituted for "suit" for consistency with rule 2 of the Federal
    Rules of Civil Procedure (28 App. U.S.C.).
      In subsection (c)(1), the words "for all causes of action arising
    after June 19, 1948, and for all causes of action where suit has
    not been hitherto filed under the Federal Tort Claims Act" are
    omitted as obsolete.

                             PRIOR PROVISIONS                         
      A prior section 30101, Pub. L. 100-710, title I, Sec. 102(c),
    Nov. 23, 1988, 102 Stat. 4738, provided definitions for purposes of
    this subtitle, prior to repeal by Pub. L. 109-304, Sec. 6(b), Oct.
    6, 2006, 120 Stat. 1509.

                                SHORT TITLE                            
      This section is popularly known as the Admiralty Extension Act.

-End-



-CITE-
    46 USC Sec. 30102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 301 - GENERAL LIABILITY PROVISIONS

-HEAD-
    Sec. 30102. Liability to passengers

-STATUTE-
      (a) Liability. - The owner and master of a vessel, and the
    vessel, are liable for personal injury to a passenger or damage to
    a passenger's baggage caused by - 
        (1) a neglect or failure to comply with part B or F of subtitle
      II of this title; or
        (2) a known defect in the steaming apparatus or hull of the
      vessel.

      (b) Not Subject to Limitation. - A liability imposed under this
    section is not subject to limitation under chapter 305 of this
    title.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1509.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30102          46 App.:491 (words      R.S. Sec. 4493 (words before 
                    before semicolon).      semicolon).                 
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the words "or either of
    them" are omitted as unnecessary. The words "are liable for
    personal injury to a passenger or damage to a passenger's baggage"
    are substituted for "Whenever damage is sustained by any passenger
    or his baggage" and "shall be liable to each and every person so
    injured" for clarity and to eliminate unnecessary words. The words
    "from explosion, fire, collision, or other cause" are omitted as
    unnecessary. The words "caused by" are substituted for "if it
    happens through" to eliminate unnecessary words. In paragraph (1),
    the words "part B or F of subtitle II of this title" are
    substituted for "title 52 of the Revised Statutes" because of the
    prior codification of subtitle II of title 46. In paragraph (2),
    the word "imperfections" is omitted as included in "defect".
      Subsection (b) is substituted for "to the full amount of damage"
    for clarity. See Hines v. Butler, 278 F. 877, 880, 881 (4th Cir.
    1921), cert. denied, 257 U.S. 659 (1922); The Annie Faxon, 75 F.
    312, 317-319 (9th Cir. 1896).

-End-



-CITE-
    46 USC Sec. 30103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 301 - GENERAL LIABILITY PROVISIONS

-HEAD-
    Sec. 30103. Liability of master, mate, engineer, and pilot

-STATUTE-
      A person may bring a civil action against a master, mate,
    engineer, or pilot of a vessel, and recover damages, for personal
    injury or loss caused by the master's, mate's, engineer's, or
    pilot's - 
        (1) negligence or willful misconduct; or
        (2) neglect or refusal to obey the laws governing the
      navigation of vessels.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1510.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30103          46 App.:491 (words      R.S. Sec. 4493 (words after  
                    after semicolon).       semicolon).                 
    --------------------------------------------------------------------

      Before paragraph (1), the words "bring a civil action" are
    substituted for "sue" for consistency with rule 2 of the Federal
    Rules of Civil Procedure (28 App. U.S.C.). In paragraph (1), the
    word "carelessness" is omitted as included in "negligence".

-End-



-CITE-
    46 USC Sec. 30104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 301 - GENERAL LIABILITY PROVISIONS

-HEAD-
    Sec. 30104. Personal injury to or death of seamen

-STATUTE-
      (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 elect to bring a civil action at
    law, with the right of trial by jury, against the employer. Laws of
    the United States regulating recovery for personal injury to, or
    death of, a railway employee apply to an action under this section.
      (b) Venue. - An action under this section shall be brought in the
    judicial district in which the employer resides or the employer's
    principal office is located.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1510.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30104(a)       46 App.:688(a) (1st     Mar. 4, 1915, ch. 153, Sec.  
                    sentence).              20(a), 38 Stat. 1185; June  
                                            5, 1920, ch. 250, Sec. 33,  
                                            41 Stat. 1007; Pub. L.      
                                            97-389, title V, Sec.       
                                            503(a)(1), Dec. 29, 1982, 96
                                            Stat. 1955.                 
    30104(b)       46 App.:688(a)                                       
                    (last sentence).                                    
    --------------------------------------------------------------------

      In subsection (a), the words "A seaman injured in the course of
    employment or, if the seaman dies from the injury, the personal
    representative of the seaman" are substituted for "Any seaman who
    shall suffer personal injury in the course of his employment" and
    "in case of the death of any seaman as a result of any such
    personal injury the personal representative" to eliminate
    unnecessary words. The words "bring a civil action" are substituted
    for "maintain an action" for consistency with rule 2 of the Federal
    Rules of Civil Procedure (28 App. U.S.C.). The words "for damages"
    are omitted as unnecessary. The words "against the employer" are
    added for clarity. The words "Laws of the United States regulating
    recovery for personal injury to, or death of, a railway employee"
    are substituted for "all statutes of the United States modifying or
    extending the common-law right or remedy in cases of personal
    injury to railway employees" and "all statutes of the United States
    conferring or regulating the right of action for death in the case
    of railway employees" to eliminate unnecessary words.
      In subsection (b), the words "An action under this section shall
    be brought" are substituted for "Jurisdiction in such actions shall
    be under" because 46 App. U.S.C. 688(a) (last sentence) provides
    for venue, not jurisdiction. Panama R.R. Co. v. Johnson, 264 U.S.
    375 (1924). As to the relationship between 46 App. U.S.C. 688(a)
    (last sentence) and 28 U.S.C. 1391(c), see Pure Oil Co. v. Suarez,
    384 U.S. 202 (1966).

-End-



-CITE-
    46 USC Sec. 30105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 301 - GENERAL LIABILITY PROVISIONS

-HEAD-
    Sec. 30105. Restriction on recovery by non-citizens and non-
      resident aliens for incidents in waters of other countries

-STATUTE-
      (a) Definition. - In this section, the term "continental shelf"
    has the meaning given that term in article I of the 1958 Convention
    on the Continental Shelf.
      (b) Restriction. - Except as provided in subsection (c), a civil
    action for maintenance and cure or for damages for personal injury
    or death may not be brought under a maritime law of the United
    States if - 
        (1) the individual suffering the injury or death was not a
      citizen or permanent resident alien of the United States at the
      time of the incident giving rise to the action;
        (2) the incident occurred in the territorial waters or waters
      overlaying the continental shelf of a country other than the
      United States; and
        (3) the individual suffering the injury or death was employed
      at the time of the incident by a person engaged in the
      exploration, development, or production of offshore mineral or
      energy resources, including drilling, mapping, surveying, diving,
      pipelaying, maintaining, repairing, constructing, or transporting
      supplies, equipment, or personnel, but not including transporting
      those resources by a vessel constructed or adapted primarily to
      carry oil in bulk in the cargo spaces.

      (c) Nonapplication. - Subsection (b) does not apply if the
    individual bringing the action establishes that a remedy is not
    available under the laws of - 
        (1) the country asserting jurisdiction over the area in which
      the incident occurred; or
        (2) the country in which the individual suffering the injury or
      death maintained citizenship or residency at the time of the
      incident.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1510.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30105(a)       46 App.:688(b)(1)       Mar. 4, 1915, ch. 153, Sec.  
                    (last sentence).        20(b), as added Pub. L.     
                                            97-389, title V, Sec.       
                                            503(a)(2), Dec. 29, 1982, 96
                                            Stat. 1955.                 
    30105(b)       46 App.:688(b)(1)                                    
                    (less last                                          
                    sentence).                                          
    30105(c)       46 App.:688(b)(2).                                   
    --------------------------------------------------------------------

      In subsection (b), before paragraph (1), the words "civil action"
    are substituted for "action" for consistency with rule 2 of the
    Federal Rules of Civil Procedure (28 App. U.S.C.). The words "under
    subsection (a) of this section or under any other" are omitted as
    unnecessary. In paragraph (2), the words "its territories, or
    possessions" are omitted as unnecessary because of the definition
    of "United States" in chapter 1 of the revised title. In paragraph
    (3), the word "person" is substituted for "enterprise" for
    consistency in the revised title.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The 1958 Convention on the Continental Shelf, referred to in
    subsec. (a), was done at Geneva, April 29, 1958, and entered into
    force for the United States, June 10, 1964. See 15 UST 471; TIAS
    5578.

-End-



-CITE-
    46 USC Sec. 30106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 301 - GENERAL LIABILITY PROVISIONS

-HEAD-
    Sec. 30106. Time limit on bringing maritime action for personal
      injury or death

-STATUTE-
      Except as otherwise provided by law, a civil action for damages
    for personal injury or death arising out of a maritime tort must be
    brought within 3 years after the cause of action arose.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1511.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30106          46 App.:763a.           Pub. L. 96-382, Sec. 1, Oct. 
                                            6, 1980, 94 Stat. 1525.     
    --------------------------------------------------------------------

      The words "civil action" are substituted for "suit" for
    consistency with rule 2 of the Federal Rules or Civil Procedure (28
    App. U.S.C.). The words "or both" are omitted as unnecessary. The
    words "must be brought" are substituted for "shall not be
    maintained unless commenced" for clarity and consistency. The word
    "arose" is substituted for "accrued" for consistency in the revised
    title.

-End-


-CITE-
    46 USC CHAPTER 303 - DEATH ON THE HIGH SEAS                 01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 303 - DEATH ON THE HIGH SEAS

-HEAD-
                   CHAPTER 303 - DEATH ON THE HIGH SEAS               

-MISC1-
    Sec.                                                     
    30301.      Short title.                                          
    30302.      Cause of action.                                      
    30303.      Amount and apportionment of recovery.                 
    30304.      Contributory negligence.                              
    30305.      Death of plaintiff in pending action.                 
    30306.      Foreign cause of action.                              
    30307.      Commercial aviation accidents.                        
    30308.      Nonapplication.                                       

-End-



-CITE-
    46 USC Sec. 30301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 303 - DEATH ON THE HIGH SEAS

-HEAD-
    Sec. 30301. Short title

-STATUTE-
      This chapter may be cited as the "Death on the High Seas Act".

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1511.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30301          46 App.:761 note.                                    
    --------------------------------------------------------------------


                                SHORT TITLE                            
      Act Mar. 30, 1920, ch. 111, 41 Stat. 537, which enacted chapter
    21 (Sec. 761 et seq.) of the former Appendix to this title, was
    popularly known as the "Death on the High Seas Act", prior to being
    repealed and restated in this chapter by Pub. L. 109-304, Secs.
    6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710.

-End-



-CITE-
    46 USC Sec. 30302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 303 - DEATH ON THE HIGH SEAS

-HEAD-
    Sec. 30302. Cause of action

-STATUTE-
      When the death of an individual is caused by wrongful act,
    neglect, or default occurring on the high seas beyond 3 nautical
    miles from the shore of the United States, the personal
    representative of the decedent may bring a civil action in
    admiralty against the person or vessel responsible. The action
    shall be for the exclusive benefit of the decedent's spouse,
    parent, child, or dependent relative.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1511.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30302          46 App.:761(a).         Mar. 30, 1920, ch. 111, Sec. 
                                            1(a), 41 Stat. 537; Pub. L. 
                                            106-181, title IV, Sec.     
                                            404(a)(1), Apr. 5, 2000, 114
                                            Stat. 131.                  
    --------------------------------------------------------------------

      The words "Subject to subsection (b) of this section" are omitted
    as unnecessary. The words "3 nautical miles" are substituted for "a
    marine league" for clarity. The words "United States" are
    substituted for "any State, or the District of Columbia, or the
    Territories or dependencies of the United States" because of the
    definition of "United States" in chapter 1 of the revised title.
    The words "bring a civil action" are substituted for "maintain a
    suit" for consistency with rule 2 of the Federal Rules of Civil
    Procedure (28 App. U.S.C.). The words "for damages" are omitted as
    unnecessary. The words "in the district courts of the United
    States" are omitted as unnecessary because of 28 U.S.C. 1333. The
    words "person or vessel" are substituted for "vessel, person, or
    corporation" because of 1 U.S.C. 1. The word "responsible" is
    substituted for "which would have been liable if death had not
    ensued" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 30303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 303 - DEATH ON THE HIGH SEAS

-HEAD-
    Sec. 30303. Amount and apportionment of recovery

-STATUTE-
      The recovery in an action under this chapter shall be a fair
    compensation for the pecuniary loss sustained by the individuals
    for whose benefit the action is brought. The court shall apportion
    the recovery among those individuals in proportion to the loss each
    has sustained.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1511.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30303          46 App.:762(a).         Mar. 30, 1920, ch. 111, Sec. 
                                            2(a), 41 Stat. 537; Pub. L. 
                                            106-181, title IV, Sec.     
                                            404(b)(1), Apr. 5, 2000, 114
                                            Stat. 131.                  
    --------------------------------------------------------------------

      The words "and just" are omitted as redundant to "fair". The
    words "each has sustained" are substituted for "they may severally
    have suffered by reason of the death of the person by whose
    representative the suit is brought" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 30304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 303 - DEATH ON THE HIGH SEAS

-HEAD-
    Sec. 30304. Contributory negligence

-STATUTE-
      In an action under this chapter, contributory negligence of the
    decedent is not a bar to recovery. The court shall consider the
    degree of negligence of the decedent and reduce the recovery
    accordingly.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1511.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30304          46 App.:766.            Mar. 30, 1920, ch. 111, Sec. 
                                            6, 41 Stat. 537.            
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 30305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 303 - DEATH ON THE HIGH SEAS

-HEAD-
    Sec. 30305. Death of plaintiff in pending action

-STATUTE-
      If a civil action in admiralty is pending in a court of the
    United States to recover for personal injury caused by wrongful
    act, neglect, or default described in section 30302 of this title,
    and the individual dies during the action as a result of the
    wrongful act, neglect, or default, the personal representative of
    the decedent may be substituted as the plaintiff and the action may
    proceed under this chapter for the recovery authorized by this
    chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1511.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30305          46 App.:765.            Mar. 30, 1920, ch. 111, Sec. 
                                            5, 41 Stat. 537.            
    --------------------------------------------------------------------

      The words "If a civil action in admiralty is pending in a court
    of the United States to recover for personal injury caused by
    wrongful act, neglect, or default described in section 30302 of
    this title, and the individual dies during the action as a result
    of the wrongful act, neglect, or default" are substituted for "If a
    person die [sic] as the result of such wrongful act, neglect, or
    default as is mentioned in section 761 of this Appendix during the
    pendency in a court of admiralty of the United States of a suit to
    recover damages for personal injuries in respect of such act,
    neglect, or default" to eliminate unnecessary words. The words "the
    plaintiff" are substituted for "a party" to be more precise.

-End-



-CITE-
    46 USC Sec. 30306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 303 - DEATH ON THE HIGH SEAS

-HEAD-
    Sec. 30306. Foreign cause of action

-STATUTE-
      When a cause of action exists under the law of a foreign country
    for death by wrongful act, neglect, or default on the high seas, a
    civil action in admiralty may be brought in a court of the United
    States based on the foreign cause of action, without abatement of
    the amount for which recovery is authorized.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1511.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30306          46 App.:764.            Mar. 30, 1920, ch. 111, Sec. 
                                            4, 41 Stat. 537.            
    --------------------------------------------------------------------

      The words "a civil action in admiralty may be brought in a court
    of the United States based on the foreign cause of action" are
    substituted for "such right may be maintained in an appropriate
    action in admiralty in the courts of the United States" for clarity
    and consistency. The words "any statute of the United States to the
    contrary notwithstanding" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 30307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 303 - DEATH ON THE HIGH SEAS

-HEAD-
    Sec. 30307. Commercial aviation accidents

-STATUTE-
      (a) Definition. - In this section, the term "nonpecuniary
    damages" means damages for loss of care, comfort, and
    companionship.
      (b) Beyond 12 Nautical Miles. - In an action under this chapter,
    if the death resulted from a commercial aviation accident occurring
    on the high seas beyond 12 nautical miles from the shore of the
    United States, additional compensation is recoverable for
    nonpecuniary damages, but punitive damages are not recoverable.
      (c) Within 12 Nautical Miles. - This chapter does not apply if
    the death resulted from a commercial aviation accident occurring on
    the high seas 12 nautical miles or less from the shore of the
    United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1512.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30307(a)       46 App.:762(b)(2).      Mar. 30, 1920, ch. 111,      
                                            Secs. 1(b), 2(b); as added  
                                            Pub. L. 106-181, title IV,  
                                            Sec. 404(a)(2), (b)(2), Apr.
                                            5, 2000, 114 Stat. 131.     
    30307(b)       46 App.:762(b)(1).                                   
    30307(c)       46 App.:761(b).                                      
    --------------------------------------------------------------------

      In subsections (b) and (c), the words "the United States" are
    substituted for "any State, or the District of Columbia, or the
    Territories or dependencies of the United States" because of the
    definition of "United States" in chapter 1 of the revised title.
      In subsection (b), the words "of a decedent" are omitted as
    unnecessary.
      In subsection (c), the words "if the death resulted from a
    commercial aviation accident occurring on the high seas" are
    substituted for "In the case of a commercial aviation accident,
    whenever the death of a person shall be caused by wrongful act,
    neglect, or default occurring on the high seas" for consistency
    with subsection (b) and to eliminate unnecessary words. The words
    "and the rules applicable under Federal, State, and other
    appropriate law shall apply" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 30308                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 303 - DEATH ON THE HIGH SEAS

-HEAD-
    Sec. 30308. Nonapplication

-STATUTE-
      (a) State Law. - This chapter does not affect the law of a State
    regulating the right to recover for death.
      (b) Internal Waters. - This chapter does not apply to the Great
    Lakes or waters within the territorial limits of a State.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1512.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30308          46 App.:767.            Mar. 30, 1920, ch. 111, Sec. 
                                            7, 41 Stat. 538.            
    --------------------------------------------------------------------

      In subsection (a), the words "law of a State" are substituted for
    "any State statute" for consistency in the revised title. The words
    "regulating the right to recover for death" are substituted for
    "giving or regulating rights of action or remedies for death" to
    eliminate unnecessary words.
      In subsection (b), the words "or to any navigable waters in the
    Panama Canal Zone" are omitted because the Panama Canal Zone was
    transferred to the Republic of Panama.

-End-


-CITE-
    46 USC CHAPTER 305 - EXONERATION AND LIMITATION OF
           LIABILITY                                       01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
           CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY       

-MISC1-
    Sec.                                                     
    30501.      Definition.                                           
    30502.      Application.                                          
    30503.      Declaration of nature and value of goods.             
    30504.      Loss by fire.                                         
    30505.      General limit of liability.                           
    30506.      Limit of liability for personal injury or death.      
    30507.      Apportionment of losses.                              
    30508.      Provisions requiring notice of claim or limiting time
                 for bringing action.                                 
    30509.      Provisions limiting liability for personal injury or
                 death.                                               
    30510.      Vicarious liability for medical malpractice with
                 regard to crew.                                      
    30511.      Action by owner for limitation.                       
    30512.      Liability as master, officer, or seaman not affected. 

-End-



-CITE-
    46 USC Sec. 30501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
    Sec. 30501. Definition

-STATUTE-
      In this chapter, the term "owner" includes a charterer that mans,
    supplies, and navigates a vessel at the charterer's own expense or
    by the charterer's own procurement.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1512.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30501          46 App.:186.            R.S. Sec. 4286.              
    --------------------------------------------------------------------

      The words "In this chapter" are substituted for "within the
    meaning of the provisions of title 48 of the Revised Statutes
    relating to the limitation of the liability of the owners of
    vessels" because of the codification of title 46, United States
    Code. The word "supplies" is substituted for "victual" for clarity.
    The words "and such vessel, when so chartered, shall be liable in
    the same manner as if navigated by the owner thereof" are omitted
    as unnecessary.

-End-



-CITE-
    46 USC Sec. 30502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
    Sec. 30502. Application

-STATUTE-
      Except as otherwise provided, this chapter (except section 30503)
    applies to seagoing vessels and vessels used on lakes or rivers or
    in inland navigation, including canal boats, barges, and lighters.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1512.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30502          46 App.:188.            R.S. Sec. 4289; Feb. 18,     
                                            1875, ch. 80, Sec. 1        
                                            (related to R.S. Sec. 4289),
                                            18 Stat. 320; June 19, 1886,
                                            ch. 421, Sec. 4, 24 Stat.   
                                            80; June 5, 1936, ch. 521,  
                                            Sec. 4, 49 Stat. 1481.      
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 30503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
    Sec. 30503. Declaration of nature and value of goods

-STATUTE-
      (a) In General. - If a shipper of an item named in subsection
    (b), contained in a parcel, package, or trunk, loads the item as
    freight or baggage on a vessel, without at the time of loading
    giving to the person receiving the item a written notice of the
    true character and value of the item and having that information
    entered on the bill of lading, the owner and master of the vessel
    are not liable as carriers. The owner and master are not liable
    beyond the value entered on the bill of lading.
      (b) Items. - The items referred to in subsection (a) are precious
    metals, gold or silver plated articles, precious stones, jewelry,
    trinkets, watches, clocks, glass, china, coins, bills, securities,
    printings, engravings, pictures, stamps, maps, papers, silks, furs,
    lace, and similar items of high value and small size.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1512.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30503          46 App.:181.            R.S. Sec. 4281.              
    --------------------------------------------------------------------

      In subsection (a), the words "load" and "loading" are substituted
    for "lade" and "lading" to use more common terminology. The words
    "person receiving the item" are substituted for "master, clerk,
    agent, or owner of such vessel receiving the same" to eliminate
    unnecessary words. The words "thereof in any form or manner" and
    "and according to the character thereof so notified and" are
    omitted as unnecessary.
      In subsection (b), the words "precious metals" are substituted
    for "platina, gold, gold dust, silver, . . . or other precious
    metals, . . . gold or silver in a manufactured or unmanufactured
    state", the words "precious stones" are substituted for "diamonds,
    or other precious stones", the words "watches, clocks" are
    substituted for "watches, clocks, or timepieces of any
    description", the words "coins, bills, securities" are substituted
    for "bullion, . . . coins, . . . bills of any bank or public body,
    . . . orders, notes, or securities for the payment of money", the
    word "papers" is substituted for "writings, title deeds", and the
    word "silks" is substituted for "silks in a manufactured or
    unmanufactured state, and whether wrought up or not wrought up with
    any other material", to eliminate unnecessary words. The words "and
    similar items of high value and small size" are added to ensure
    that any of the items specifically named in the source but omitted
    in the revised section, or similar items, will be covered by this
    section.

-End-



-CITE-
    46 USC Sec. 30504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
    Sec. 30504. Loss by fire

-STATUTE-
      The owner of a vessel is not liable for loss or damage to
    merchandise on the vessel caused by a fire on the vessel unless the
    fire resulted from the design or neglect of the owner.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1513.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30504          46 App.:182.            R.S. Sec. 4282.              
    --------------------------------------------------------------------

      The words "liable for" are substituted for "liable to answer for
    or make good to any person", the words "merchandise on the vessel"
    are substituted for "any merchandise whatsoever, which shall be
    shipped, taken in, or put on board any such vessel", and the words
    "caused by a fire on the vessel" are substituted for "by reason or
    by means of any fire happening to or on board the vessel", to
    eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 30505                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
    Sec. 30505. General limit of liability

-STATUTE-
      (a) In General. - Except as provided in section 30506 of this
    title, the liability of the owner of a vessel for any claim, debt,
    or liability described in subsection (b) shall not exceed the value
    of the vessel and pending freight. If the vessel has more than one
    owner, the proportionate share of the liability of any one owner
    shall not exceed that owner's proportionate interest in the vessel
    and pending freight.
      (b) Claims Subject to Limitation. - Unless otherwise excluded by
    law, claims, debts, and liabilities subject to limitation under
    subsection (a) are those arising from any embezzlement, loss, or
    destruction of any property, goods, or merchandise shipped or put
    on board the vessel, any loss, damage, or injury by collision, or
    any act, matter, or thing, loss, damage, or forfeiture, done,
    occasioned, or incurred, without the privity or knowledge of the
    owner.
      (c) Wages. - Subsection (a) does not apply to a claim for wages.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1513.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30505          46 App.:183(a).         R.S. Sec. 4283(a); Aug. 29,  
                                            1935, ch. 804, Sec. 1, 49   
                                            Stat. 960; June 5, 1936, ch.
                                            521, Sec. 1, 49 Stat. 1479. 
                   46 App.:189             June 26, 1884, ch. 121, Sec. 
                                            18, 23 Stat. 57.            
    --------------------------------------------------------------------

      In subsection (a), the words "Except as provided in section 30506
    of this title" are substituted for "except in the cases provided
    for in subsection (b) of this section" because 46 App. U.S.C.
    183(b) is restated in section 30506 of the revised title. The words
    "whether American or foreign" are omitted as unnecessary because of
    section 30502 of the revised title. The words "shall not exceed the
    value of the vessel and pending freight" are substituted for "shall
    not . . . exceed the amount or value of . . . such vessel, and her
    freight then pending" in 46 App. U.S.C. 183(a) and for "the
    aggregate liabilities of all the owners of a vessel on account of
    the same shall not exceed the value of such vessels and freight
    pending" in 46 App. U.S.C. 189 for consistency and to eliminate
    unnecessary words. The last sentence is substituted for "the
    interest of such owner in" in 46 App. U.S.C. 183(a) and for "The
    individual liability of a shipowner shall be limited to the
    proportion of any or all debts and liabilities that his individual
    share of the vessel bears to the whole" in 46 App. U.S.C. 189 for
    clarity and consistency. The words "Provided, That this provision
    shall not prevent any claimant from joining all the owners in one
    action" in 46 App. U.S.C. 189 are omitted as unnecessary.
      Subsection (c) is substituted for "nor shall the same apply to
    wages due to persons employed by said shipowners" in 46 App. U.S.C.
    189 because of the reorganization of the source provisions.

-End-



-CITE-
    46 USC Sec. 30506                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
    Sec. 30506. Limit of liability for personal injury or death

-STATUTE-
      (a) Application. - This section applies only to seagoing vessels,
    but does not apply to pleasure yachts, tugs, towboats, towing
    vessels, tank vessels, fishing vessels, fish tender vessels, canal
    boats, scows, car floats, barges, lighters, or nondescript vessels.
      (b) Minimum Liability. - If the amount of the vessel owner's
    liability determined under section 30505 of this title is
    insufficient to pay all losses in full, and the portion available
    to pay claims for personal injury or death is less than $420 times
    the tonnage of the vessel, that portion shall be increased to $420
    times the tonnage of the vessel. That portion may be used only to
    pay claims for personal injury or death.
      (c) Calculation of Tonnage. - Under subsection (b), the tonnage
    of a self-propelled vessel is the gross tonnage without deduction
    for engine room, and the tonnage of a sailing vessel is the tonnage
    for documentation. However, space for the use of seamen is
    excluded.
      (d) Claims Arising on Distinct Occasions. - Separate limits of
    liability apply to claims for personal injury or death arising on
    distinct occasions.
      (e) Privity or Knowledge. - In a claim for personal injury or
    death, the privity or knowledge of the master or the owner's
    superintendent or managing agent, at or before the beginning of
    each voyage, is imputed to the owner.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1513.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30506(a)       46 App.:183(f)                                       
                    (related to 46                                      
                    App.:183(b)-(e)).                                   
    30506(b)       46 App.:183(b) (1st     R.S. Sec. 4283(b) (1st       
                    sentence).              sentence); Aug. 29, 1935,   
                                            ch. 804, Sec. 1, 49 Stat.   
                                            960; June 5, 1936, ch. 521, 
                                            Sec. 1, 49 Stat. 1479; Pub. 
                                            L. 98-498, title II, Sec.   
                                            213(a), Oct. 19, 1984, 98   
                                            Stat. 2306.                 
    30506(c)       46 App.:183(c).         R.S. Sec. 4283(c)-(f)        
                                            (related to R.S. Sec.       
                                            4283(b)-(e)); Aug. 29, 1935,
                                            ch. 804, Sec. 1, 49 Stat.   
                                            960; June 5, 1936, ch. 521, 
                                            Sec. 1, 49 Stat. 1480.      
    30506(d)       46 App.:183(d).                                      
    30506(e)       46 App.:183(e).                                      
    --------------------------------------------------------------------

      Subsection (a) is written as an application provision rather than
    as a definition to be more direct and to avoid having to repeat the
    word "seagoing" throughout the section. The words "fishing vessel,
    fish tender vessel" are substituted for "fishing vessels or their
    tenders" for clarity. The words "nondescript vessel" are
    substituted for "nondescript self-propelled vessels" and
    "nondescript non-self-propelled vessels" to eliminate unnecessary
    words. The words "self-propelled lighters" are omitted as covered
    by "lighter". The words "even though the same may be seagoing
    vessels within the meaning of such term as used in section 188 of
    this Appendix, as amended" are omitted as unnecessary. This
    provision is restated also at section 30508(a) of the revised
    title.
      In subsection (b), the words "is such that the portion available
    to pay claims for personal injury or death" are substituted for "is
    insufficient to pay all losses in full, and the portion of such
    amount applicable to the payment of losses in respect of loss of
    life or bodily injury" to eliminate unnecessary words.
      In subsection (c), the words "self-propelled vessel" are
    substituted for "steam or motor vessel", and the words "tonnage for
    documentation" are substituted for "registered tonnage", for
    consistency in the revised title. The words "space for the use of
    seamen" are substituted for "space occupied by seamen or
    apprentices and appropriated to their use" to eliminate unnecessary
    words.
      In subsection (d), the words "Separate limits of liability apply"
    are substituted for "The owner . . . shall be liable . . . to the
    same extent as if no other loss of life or bodily injury had
    arisen" to eliminate unnecessary words.
      In subsection (e), the words "the privity or knowledge . . . is
    imputed to the owner" are substituted for "shall be deemed
    conclusively the privity or knowledge of the owner" for consistency
    and to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 30507                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
    Sec. 30507. Apportionment of losses

-STATUTE-
      If the amounts determined under sections 30505 and 30506 of this
    title are insufficient to pay all claims - 
        (1) all claimants shall be paid in proportion to their
      respective losses out of the amount determined under section
      30505 of this title; and
        (2) personal injury and death claimants, if any, shall be paid
      an additional amount in proportion to their respective losses out
      of the additional amount determined under section 30506(b) of
      this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1513.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30507          46 App.:183(b)          R.S. Sec. 4283(b) (last      
                    (last sentence).        sentence); Aug. 29, 1935,   
                                            ch. 804, Sec. 1, 49 Stat.   
                                            960; June 5, 1936, ch. 521, 
                                            Sec. 1, 49 Stat. 1479; Pub. 
                                            L. 98-498, title II, Sec.   
                                            213(a), Oct. 19, 1984, 98   
                                            Stat. 2306.                 
                   46 App.:184.            R.S. Sec. 4284; Feb. 27,     
                                            1877, ch. 69, Sec. 1        
                                            (related to R.S. Sec. 4284),
                                            19 Stat. 251.               
    --------------------------------------------------------------------

      This section is substituted for 46 App. U.S.C. 183(b) (last
    sentence) and 184 (words before semicolon) for clarity and
    consistency and to eliminate unnecessary words. The text of 46 App.
    U.S.C. 184 (words after semicolon) is omitted as unnecessary. See
    G. Gilmore & C. Black, The Law of Admiralty, Sec. 10-8 (2d ed.
    1975).

-End-



-CITE-
    46 USC Sec. 30508                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
    Sec. 30508. Provisions requiring notice of claim or limiting time
      for bringing action

-STATUTE-
      (a) Application. - This section applies only to seagoing vessels,
    but does not apply to pleasure yachts, tugs, towboats, towing
    vessels, tank vessels, fishing vessels, fish tender vessels, canal
    boats, scows, car floats, barges, lighters, or nondescript vessels.
      (b) Minimum Time Limits. - The owner, master, manager, or agent
    of a vessel transporting passengers or property between ports in
    the United States, or between a port in the United States and a
    port in a foreign country, may not limit by regulation, contract,
    or otherwise the period for - 
        (1) giving notice of, or filing a claim for, personal injury or
      death to less than 6 months after the date of the injury or
      death; or
        (2) bringing a civil action for personal injury or death to
      less than one year after the date of the injury or death.

      (c) Effect of Failure To Give Notice. - When notice of a claim
    for personal injury or death is required by a contract, the failure
    to give the notice is not a bar to recovery if - 
        (1) the court finds that the owner, master, or agent of the
      vessel had knowledge of the injury or death and the owner has not
      been prejudiced by the failure;
        (2) the court finds there was a satisfactory reason why the
      notice could not have been given; or
        (3) the owner of the vessel fails to object to the failure to
      give the notice.

      (d) Tolling of Period To Give Notice. - If a claimant is a minor
    or mental incompetent, or if a claim is for wrongful death, any
    period provided by a contract for giving notice of the claim is
    tolled until the earlier of - 
        (1) the date a legal representative is appointed for the minor,
      incompetent, or decedent's estate; or
        (2) 3 years after the injury or death.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1514.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30508(a)       46 App.:183(f)          R.S. Sec. 4283(f) (related   
                    (related to 46          to R.S. Sec. 4283A); Aug.   
                    App.:183b).             29, 1935, ch. 804, Sec. 1,  
                                            49 Stat. 960; June 5, 1936, 
                                            ch. 521, Sec. 1, 49 Stat.   
                                            1480.                       
    30508(b)       46 App.:183b(a).        R.S. Sec. 4283A, as added    
                                            Aug. 29, 1935, ch. 804, Sec.
                                            3, 49 Stat. 960.            
    30508(c)       46 App.:183b(b).                                     
    30508(d)       46 App.:183b(c).                                     
    --------------------------------------------------------------------

      For an explanation of subsection (a), see the revision notes for
    section 30506(a), where 46 App. U.S.C. 183(f) is also restated.
      In subsection (b), before paragraph (1), the words "sea-going
    vessel (other than tugs, barges, fishing vessels and their
    tenders)" are omitted because of subsection (a) of this section.
    The word "merchandise" is omitted as covered by "property". The
    words "between ports in the United States, or between a port in the
    United States and a port in a foreign country" are substituted for
    "from or between ports of the United States and foreign ports" for
    clarity and for consistency with section 30509(a)(1) of the revised
    title. See Burstein v. United States Lines Co., 43 F. Supp. 226
    (S.D.N.Y. 1942), rev'd on other grounds, 134 F.2d 89 (2d Cir.
    1943). The word "rule" is omitted as covered by "regulation". In
    paragraph (1), the words "after the date of the injury or death"
    are added for clarity and consistency with paragraph (2).
      In subsection (c), before paragraph (1), the words "When notice
    of a claim for personal injury or death is required by a contract,
    the failure to give the notice" are substituted for "Failure to
    give such notice, where lawfully prescribed in such contract" for
    clarity. In paragraph (1), the words "the court finds" are stated
    at the beginning rather than the middle to be more precise. The
    word "damage" is omitted as unnecessary. In paragraph (2), the
    words "the court finds there was a satisfactory reason" are
    substituted for "the court excuses such failure on the ground that
    for some satisfactory reason" to eliminate unnecessary words.
      In subsection (d), before paragraph (1), the word "claimant" is
    substituted for "person who is entitled to recover on any such
    claim" to eliminate unnecessary words. The word "lawful" is omitted
    as unnecessary. The words "is tolled until" are substituted for
    "shall not be applicable so long as" and "but shall be applicable
    from" for clarity and to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 30509                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
    Sec. 30509. Provisions limiting liability for personal injury or
      death

-STATUTE-
      (a) Prohibition. - 
        (1) In general. - The owner, master, manager, or agent of a
      vessel transporting passengers between ports in the United
      States, or between a port in the United States and a port in a
      foreign country, may not include in a regulation or contract a
      provision limiting - 
          (A) the liability of the owner, master, or agent for personal
        injury or death caused by the negligence or fault of the owner
        or the owner's employees or agents; or
          (B) the right of a claimant for personal injury or death to a
        trial by court of competent jurisdiction.

        (2) Voidness. - A provision described in paragraph (1) is void.

      (b) Emotional Distress, Mental Suffering, and Psychological
    Injury. - 
        (1) In general. - Subsection (a) does not prohibit a provision
      in a contract or in ticket conditions of carriage with a
      passenger that relieves an owner, master, manager, agent,
      operator, or crewmember of a vessel from liability for infliction
      of emotional distress, mental suffering, or psychological injury
      so long as the provision does not limit such liability when the
      emotional distress, mental suffering, or psychological injury is -
       
          (A) the result of physical injury to the claimant caused by
        the negligence or fault of a crewmember or the owner, master,
        manager, agent, or operator;
          (B) the result of the claimant having been at actual risk of
        physical injury, and the risk was caused by the negligence or
        fault of a crewmember or the owner, master, manager, agent, or
        operator; or
          (C) intentionally inflicted by a crewmember or the owner,
        master, manager, agent, or operator.

        (2) Sexual offenses. - This subsection does not limit the
      liability of a crewmember or the owner, master, manager, agent,
      or operator of a vessel in a case involving sexual harassment,
      sexual assault, or rape.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1514.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30509          46 App.:183c.           R.S. Sec. 4283B, as added    
                                            June 5, 1936, ch. 521, Sec. 
                                            2, 49 Stat. 1480; Oct. 19,  
                                            1996, Pub. L. 104-324, Sec. 
                                            1129(b), 110 Stat. 3984.    
    --------------------------------------------------------------------

      In subsection (a)(1), before subparagraph (A), the words "may
    not" are substituted for "It shall be unlawful" for consistency in
    the revised title and with other titles of the United States Code.
    The words "rule" and "agreement" are omitted as covered by
    "regulation" and "contract", respectively. The words "a provision
    limiting" are substituted for "any provision or limitation (1)
    purporting . . . to relieve . . . , or (2) purporting . . . to
    lessen, weaken, or avoid" to eliminate unnecessary words. In
    subparagraph (A), the words "the owner's employees or agents" are
    substituted for "his servants" for consistency in the revised
    title. In subparagraph (B), the words "on the question of liability
    for such loss or injury, or the measure of damages therefor" are
    omitted as unnecessary.
      Subsection (b)(2) is substituted for 46 App. U.S.C. 183c (last
    sentence) for consistency and to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 30510                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
    Sec. 30510. Vicarious liability for medical malpractice with regard
      to crew

-STATUTE-
      In a civil action by any person in which the owner or operator of
    a vessel or employer of a crewmember is claimed to have vicarious
    liability for medical malpractice with regard to a crewmember
    occurring at a shoreside facility, and to the extent the damages
    resulted from the conduct of any shoreside doctor, hospital,
    medical facility, or other health care provider, the owner,
    operator, or employer is entitled to rely on any statutory
    limitations of liability applicable to the doctor, hospital,
    medical facility, or other health care provider in the State of the
    United States in which the shoreside medical care was provided.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1515.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30510          46 App.:183(g).         R.S. Sec. 4283(g); Pub. L.   
                                            104-324, Sec. 1129(a), Oct. 
                                            19, 1996, 110 Stat. 3984.   
    --------------------------------------------------------------------

      The words "civil action" are substituted for "suit" for
    consistency in the revised title. The words "is entitled to rely on
    any statutory" are substituted for "shall be entitled to rely upon
    any and all statutory" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 30511                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
    Sec. 30511. Action by owner for limitation

-STATUTE-
      (a) In General. - The owner of a vessel may bring a civil action
    in a district court of the United States for limitation of
    liability under this chapter. The action must be brought within 6
    months after a claimant gives the owner written notice of a claim.
      (b) Creation of Fund. - When the action is brought, the owner (at
    the owner's option) shall - 
        (1) deposit with the court, for the benefit of claimants - 
          (A) an amount equal to the value of the owner's interest in
        the vessel and pending freight, or approved security; and
          (B) an amount, or approved security, that the court may fix
        from time to time as necessary to carry out this chapter; or

        (2) transfer to a trustee appointed by the court, for the
      benefit of claimants - 
          (A) the owner's interest in the vessel and pending freight;
        and
          (B) an amount, or approved security, that the court may fix
        from time to time as necessary to carry out this chapter.

      (c) Cessation of Other Actions. - When an action has been brought
    under this section and the owner has complied with subsection (b),
    all claims and proceedings against the owner related to the matter
    in question shall cease.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1515.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30511          46 App.:185.            R.S. Sec. 4285; June 5,      
                                            1936, ch. 521, Sec. 3, 49   
                                            Stat. 1480.                 
    --------------------------------------------------------------------

      In subsection (a), the words "bring a civil action . . . in a
    district court of the United States" are substituted for "petition
    a district court of the United States" for consistency in the
    revised title and with other titles of the United States Code. See
    rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
    The words "of competent jurisdiction" are omitted as unnecessary.
      In subsection (b), the word "pending" before "freight" is added
    for consistency in the chapter. The words "to carry out this
    chapter" are substituted for "to carry out the provisions of
    section 183 of this Appendix" because of the reorganization of the
    source provisions.

-End-



-CITE-
    46 USC Sec. 30512                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY

-HEAD-
    Sec. 30512. Liability as master, officer, or seaman not affected

-STATUTE-
      This chapter does not affect the liability of an individual as a
    master, officer, or seaman, even though the individual is also an
    owner of the vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1516.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30512          46 App.:187.            R.S. Sec. 4287.              
    --------------------------------------------------------------------

      This section is substituted for the source provision for
    consistency with the restatement of 46 App. U.S.C. 183(a) and 189
    in section 30505 and to eliminate unnecessary words. The reference
    in the source to particular sections is extended to include the
    entire chapter to simplify the reference and to conform to the
    obvious original policy and intent of the source provision.

-End-


-CITE-
    46 USC CHAPTER 307 - LIABILITY OF WATER CARRIERS            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 307 - LIABILITY OF WATER CARRIERS

-HEAD-
                 CHAPTER 307 - LIABILITY OF WATER CARRIERS             

-MISC1-
    Sec.                                                     
    30701.      Definition.                                           
    30702.      Application.                                          
    30703.      Bills of lading.                                      
    30704.      Loading, stowage, custody, care, and delivery.        
    30705.      Seaworthiness.                                        
    30706.      Defenses.                                             
    30707.      Criminal penalty.                                     

-End-



-CITE-
    46 USC Sec. 30701                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 307 - LIABILITY OF WATER CARRIERS

-HEAD-
    Sec. 30701. Definition

-STATUTE-
      In this chapter, the term "carrier" means the owner, manager,
    charterer, agent, or master of a vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1516.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30701          (no source).                                         
    --------------------------------------------------------------------

      This chapter codifies the Act of February 13, 1893 (ch. 105, 27
    Stat. 445) (commonly known as the Harter Act). Changes are made to
    simplify, clarify, and modernize the language and style, but the
    intent is that these changes should not result in changes in
    substance.
      A definition of "carrier" is added based on language appearing in
    various provisions of the Harter Act. The definition avoids the
    need to repeat in various sections of this chapter the list of
    persons to whom the requirements and restrictions of this chapter
    apply, and it ensures that the list of persons is consistent in the
    chapter.

                       CARRIAGE OF GOODS BY SEA ACT                   
      Act Apr. 16, 1936, ch. 229, 49 Stat. 1207, as amended by Pub. L.
    97-31, Sec. 12(146), Aug. 6, 1981, 95 Stat. 166, provided:
      "That every bill of lading or similar document of title which is
    evidence of a contract for the carriage of goods by sea to or from
    ports of the United States, in foreign trade, shall have effect
    subject to the provisions of this Act.
                                 "TITLE I                             
      "Section 1. When used in this Act - 
      "(a) The term 'carrier' includes the owner or the charterer who
    enters into a contract of carriage with a shipper.
      "(b) The term 'contract of carriage' applies only to contracts of
    carriage covered by a bill of lading or any similar document of
    title, insofar as such document relates to the carriage of goods by
    sea, including any bill of lading or any similar document as
    aforesaid issued under or pursuant to a charter party from the
    moment at which such bill of lading or similar document of title
    regulates the relations between a carrier and a holder of the same.
      "(c) The term 'goods' includes goods, wares, merchandise, and
    articles of every kind whatsoever, except live animals and cargo
    which by the contract of carriage is stated as being carried on
    deck and is so carried.
      "(d) The term 'ship' means any vessel used for the carriage of
    goods by sea.
      "(e) The term 'carriage of goods' covers the period from the time
    when the goods are loaded on to the time when they are discharged
    from the ship.

                                  "RISKS                              
      "Sec. 2. Subject to the provisions of section 6, under every
    contract of carriage of goods by sea, the carrier in relation to
    the loading, handling, stowage, carriage, custody, care, and
    discharge of such goods, shall be subject to the responsibilities
    and liabilities and entitled to the rights and immunities
    hereinafter set forth.

                     "RESPONSIBILITIES AND LIABILITIES                 
      "Sec. 3. (1) The carrier shall be bound, before and at the
    beginning of the voyage, to exercise due diligence to - 
      "(a) Make the ship seaworthy;
      "(b) Properly man, equip, and supply the ship;
      "(c) Make the holds, refrigerating and cooling chambers, and all
    other parts of the ship in which goods are carried, fit and safe
    for their reception, carriage, and preservation.
      "(2) The carrier shall properly and carefully load, handle, stow,
    carry, keep, care for, and discharge the goods carried.
      "(3) After receiving the goods into his charge the carrier, or
    the master or agent of the carrier, shall, on demand of the
    shipper, issue to the shipper a bill of lading showing among other
    things - 
      "(a) The leading marks necessary for identification of the goods
    as the same are furnished in writing by the shipper before the
    loading of such goods starts, provided such marks are stamped or
    otherwise shown clearly upon the goods if uncovered, or on the
    cases or coverings in which such goods are contained, in such a
    manner as should ordinarily remain legible until the end of the
    voyage.
      "(b) Either the number of packages or pieces, or the quantity or
    weight, as the case may be, as furnished in writing by the shipper.
      "(c) The apparent order and condition of the goods: Provided,
    That no carrier, master, or agent of the carrier, shall be bound to
    state or show in the bill of lading any marks, number, quantity, or
    weight which he has reasonable ground for suspecting not accurately
    to represent the goods actually received, or which he has had no
    reasonable means of checking.
      "(4) Such a bill of lading shall be prima facie evidence of the
    receipt by the carrier of the goods as therein described in
    accordance with paragraphs (3)(a), (b), and (c), of this section:
    Provided, That nothing in this Act shall be construed as repealing
    or limiting the application of any part of the Act, as amended,
    entitled 'An Act relating to bills of lading in interstate and
    foreign commerce', approved August 29, 1916 (U.S.C., title 49,
    secs. 81-124), commonly known as the 'Pomerene Bills of Lading Act'
    [now chapter 801 of Title 49, Transportation].
      "(5) The shipper shall be deemed to have guaranteed to the
    carrier the accuracy at the time of shipment of the marks, number,
    quantity, and weight, as furnished by him; and the shipper shall
    indemnify the carrier against all loss, damages, and expenses
    arising or resulting from inaccuracies in such particulars. The
    right of the carrier to such indemnity shall in no way limit his
    responsibility and liability under the contract of carriage to any
    person other than the shipper.
      "(6) Unless notice of loss or damage and the general nature of
    such loss or damage be given in writing to the carrier or his agent
    at the port of discharge before or at the time of the removal of
    the goods into the custody of the person entitled to delivery
    thereof under the contract of carriage, such removal shall be prima
    facie evidence of the delivery by the carrier of the goods as
    described in the bill of lading. If the loss or damage is not
    apparent, the notice must be given within three days of the
    delivery.
      "Said notice of loss or damage may be endorsed upon the receipt
    for the goods given by the person taking delivery thereof.
      "The notice in writing need not be given if the state of the
    goods has at the time of their receipt been the subject of joint
    survey or inspection.
      "In any event the carrier and the ship shall be discharged from
    all liability in respect of loss or damage unless suit is brought
    within one year after delivery of the goods or the date when the
    goods should have been delivered: Provided, That if a notice of
    loss or damage, either apparent or concealed, is not given as
    provided for in this section, that fact shall not affect or
    prejudice the right of the shipper to bring suit within one year
    after the delivery of the goods or the date when the goods should
    have been delivered.
      "In the case of any actual or apprehended loss or damage the
    carrier and the receiver shall give all reasonable facilities to
    each other for inspecting and tallying the goods.
      "(7) After the goods are loaded the bill of lading to be issued
    by the carrier, master, or agent of the carrier to the shipper
    shall, if the shipper so demands, be a 'shipped' bill of lading:
    Provided, That if the shipper shall have previously taken up any
    document of title to such goods, he shall surrender the same as
    against the issue of the 'shipped' bill of lading, but at the
    option of the carrier such document of title may be noted at the
    port of shipment by the carrier, master, or agent with the name or
    names of the ship or ships upon which the goods have been shipped
    and the date or dates of shipment, and when so noted the same shall
    for the purpose of this section be deemed to constitute a 'shipped'
    bill of lading.
      "(8) Any clause, covenant, or agreement in a contract of carriage
    relieving the carrier or the ship from liability for loss or damage
    to or in connection with the goods, arising from negligence, fault,
    or failure in the duties and obligations provided in this section,
    or lessening such liability otherwise than as provided in this Act,
    shall be null and void and of no effect. A benefit of insurance in
    favor of the carrier, or similar clause, shall be deemed to be a
    clause relieving the carrier from liability.

                          "RIGHTS AND IMMUNITIES                      
      "Sec. 4. (1) Neither the carrier nor the ship shall be liable for
    loss or damage arising or resulting from unseaworthiness unless
    caused by want of due diligence on the part of the carrier to make
    the ship seaworthy, and to secure that the ship is properly manned,
    equipped, and supplied, and to make the holds, refrigerating and
    cool chambers, and all other parts of the ship in which goods are
    carried fit and safe for their reception, carriage, and
    preservation in accordance with the provisions of paragraph (1) of
    section 3. Whenever loss or damage has resulted from
    unseaworthiness, the burden of proving the exercise of due
    diligence shall be on the carrier or other persons claiming
    exemption under this section.
      "(2) Neither the carrier nor the ship shall be responsible for
    loss or damage arising or resulting from - 
      "(a) Act, neglect, or default of the master, mariner, pilot, or
    the servants of the carrier in the navigation or in the management
    of the ship;
      "(b) Fire, unless caused by the actual fault or privity of the
    carrier;
      "(c) Perils, dangers, and accidents of the sea or other navigable
    waters;
      "(d) Act of God;
      "(e) Act of war;
      "(f) Act of public enemies;
      "(g) Arrest or restraint of princes, rulers, or people, or
    seizure under legal process;
      "(h) Quarantine restrictions;
      "(i) Act or omission of the shipper or owner of the goods, his
    agent or representative;
      "(j) Strikes or lockouts or stoppage or restraint of labor from
    whatever cause, whether partial or general: Provided, That nothing
    herein contained shall be construed to relieve a carrier from
    responsibility for the carrier's own acts;
      "(k) Riots and civil commotions;
      "(l) Saving or attempting to save life or property at sea;
      "(m) Wastage in bulk or weight or any other loss or damage
    arising from inherent defect, quality, or vice of the goods;
      "(n) Insufficiency of packing;
      "(o) Insufficiency or inadequacy of marks;
      "(p) Latent defects not discoverable by due diligence; and
      "(q) Any other cause arising without the actual fault and privity
    of the carrier and without the fault or neglect of the agents or
    servants of the carrier, but the burden of proof shall be on the
    person claiming the benefit of this exception to show that neither
    the actual fault or privity of the carrier nor the fault or neglect
    of the agents or servants of the carrier contributed to the loss or
    damage.
      "(3) The shipper shall not be responsible for loss or damage
    sustained by the carrier or the ship arising or resulting from any
    cause without the act, fault, or neglect of the shipper, his
    agents, or his servants.
      "(4) Any deviation in saving or attempting to save life or
    property at sea, or any reasonable deviation shall not be deemed to
    be an infringement or breach of this Act or of the contract of
    carriage, and the carrier shall not be liable for any loss or
    damage resulting therefrom: Provided, however, That if the
    deviation is for the purpose of loading or unloading cargo or
    passengers it shall, prima facie, be regarded as unreasonable.
      "(5) Neither the carrier nor the ship shall in any event be or
    become liable for any loss or damage to or in connection with the
    transportation of goods in an amount exceeding $500 per package
    lawful money of the United States, or in case of goods not shipped
    in packages, per customary freight unit, or the equivalent of that
    sum in other currency, unless the nature and value of such goods
    have been declared by the shipper before shipment and inserted in
    the bill of lading. This declaration, if embodied in the bill of
    lading, shall be prima facie evidence, but shall not be conclusive
    on the carrier.
      "By agreement between the carrier, master, or agent of the
    carrier, and the shipper another maximum amount than that mentioned
    in this paragraph may be fixed: Provided, That such maximum shall
    not be less than the figure above named. In no event shall the
    carrier be liable for more than the amount of damage actually
    sustained.
      "Neither the carrier nor the ship shall be responsible in any
    event for loss or damage to or in connection with the
    transportation of the goods if the nature or value thereof has been
    knowingly and fraudulently misstated by the shipper in the bill of
    lading.
      "(6) Goods of an inflammable, explosive, or dangerous nature to
    the shipment whereof the carrier, master or agent of the carrier,
    has not consented with knowledge of their nature and character, may
    at any time before discharge be landed at any place or destroyed or
    rendered innocuous by the carrier without compensation, and the
    shipper of such goods shall be liable for all damages and expenses
    directly or indirectly arising out of or resulting from such
    shipment. If any such goods shipped with such knowledge and consent
    shall become a danger to the ship or cargo, they may in like manner
    be landed at any place, or destroyed or rendered innocuous by the
    carrier without liability on the part of the carrier except to
    general average, if any.

            "SURRENDER OF RIGHTS AND IMMUNITIES AND INCREASE OF
                     RESPONSIBILITIES AND LIABILITIES
      "Sec. 5. A carrier shall be at liberty to surrender in whole or
    in part all or any of his rights and immunities or to increase any
    of his responsibilities and liabilities under this Act, provided
    such surrender or increase shall be embodied in the bill of lading
    issued to the shipper.
      "The provisions of this Act shall not be applicable to charter
    parties; but if bills of lading are issued in the case of a ship
    under a charter party, they shall comply with the terms of this
    Act. Nothing in this Act shall be held to prevent the insertion in
    a bill of lading of any lawful provision regarding general average.

                            "SPECIAL CONDITIONS                        
      "Sec. 6. Notwithstanding the provisions of the preceding
    sections, a carrier, master or agent of the carrier, and a shipper
    shall, in regard to any particular goods be at liberty to enter
    into any agreement in any terms as to the responsibility and
    liability of the carrier for such goods, and as to the rights and
    immunities of the carrier in respect of such goods, or his
    obligation as to seaworthiness (so far as the stipulation regarding
    seaworthiness is not contrary to public policy), or the care or
    diligence of his servants or agents in regard to the loading,
    handling, stowage, carriage, custody, care, and discharge of the
    goods carried by sea: Provided, That in this case no bill of lading
    has been or shall be issued and that the terms agreed shall be
    embodied in a receipt which shall be a nonnegotiable document and
    shall be marked as such.
      "Any agreement so entered into shall have full legal effect:
    Provided, That this section shall not apply to ordinary commercial
    shipments made in the ordinary course of trade but only to other
    shipments where the character or condition of the property to be
    carried or the circumstances, terms, and conditions under which the
    carriage is to be performed are such as reasonably to justify a
    special agreement.

     "[AGREEMENT AS TO RESPONSIBILITY AND LIABILITY BEFORE LOADING OR
                             AFTER DISCHARGE]
      "Sec. 7. Nothing contained in this Act shall prevent a carrier or
    a shipper from entering into any agreement, stipulation, condition,
    reservation, or exemption as to the responsibility and liability of
    the carrier or the ship for the loss or damage to or in connection
    with the custody and care and handling of goods prior to the
    loading on and subsequent to the discharge from the ship on which
    the goods are carried by sea.

             "[RIGHTS AND LIABILITIES UNDER OTHER OBLIGATIONS]         
      "Sec. 8. The provisions of this Act shall not affect the rights
    and obligations of the carrier under the provisions of the Shipping
    Act, 1916 [former 46 U.S.C. App. 801 et seq., see Disposition Table
    preceding section 101 of this title], or under the provisions of
    sections 4281 to 4289, inclusive, of the Revised Statutes of the
    United States [see chapter 305 of this title] or of any amendments
    thereto; or under the provisions of any other enactment for the
    time being in force relating to the limitation of the liability of
    the owners of seagoing vessels.
                                 "TITLE II                             

               "[DISCRIMINATION BETWEEN COMPETING SHIPPERS]           
      "Section. 9. Nothing contained in this Act shall be construed as
    permitting a common carrier by water to discriminate between
    competing shippers similarly placed in time and circumstances,
    either (a) with respect to their right to demand and receive bills
    of lading subject to the provisions of this Act; or (b) when
    issuing such bills of lading, either in the surrender of any of the
    carrier's rights and immunities or in the increase of any of the
    carrier's responsibilities and liabilities pursuant to section 5,
    title I, of this Act; or (c) in any other way prohibited by the
    Shipping Act, 1916, as amended [former 46 U.S.C. App. 801 et seq.,
    see Disposition Table preceding section 101 of this title].

                                "[OMITTED]                            
      "Sec. 10. [Amended section 25 of the Interstate Commerce Act
    (former 49 U.S.C. 25).]

                          "[WEIGHT OF BULK CARGO]                      
      "Sec. 11. Where under the customs of any trade the weight of any
    bulk cargo inserted in the bill of lading is a weight ascertained
    or accepted by a third party other than the carrier or the shipper,
    and the fact that the weight is so ascertained or accepted is
    stated in the bill of lading, then, notwithstanding anything in
    this Act, the bill of lading shall not be deemed to be prima facie
    evidence against the carrier of the receipt of goods of the weight
    so inserted in the bill of lading, and the accuracy thereof at the
    time of shipment shall not be deemed to have been guaranteed by the
    shipper.

                       "[RELATIONSHIP TO OTHER LAW]                   
      "Sec. 12. Nothing in this Act shall be construed as superseding
    any part of the Act entitled 'An Act relating to navigation of
    vessels, bills of lading, and to certain obligations, duties, and
    rights in connection with the carriage of property', approved
    February 13, 1893 [now this chapter], or of any other law which
    would be applicable in the absence of this Act, insofar as they
    relate to the duties, responsibilities, and liabilities of the ship
    or carrier prior to the time when the goods are loaded on or after
    the time they are discharged from the ship.

             "[SCOPE OF ACT; "UNITED STATES"; "FOREIGN TRADE"]         
      "Sec. 13. This Act shall apply to all contracts for carriage of
    goods by sea to or from ports of the United States in foreign
    trade. As used in this Act the term 'United States' includes its
    districts, territories, and possessions: Provided, however, That
    the Philippine Legislature may by law exclude its application to
    transportation to or from ports of the Philippine Islands. The term
    'foreign trade' means the transportation of goods between the ports
    of the United States and ports of foreign countries. Nothing in
    this Act shall be held to apply to contracts for carriage of goods
    by sea between any port of the United States or its possessions,
    and any other port of the United States or its possessions:
    Provided, however, That any bill of lading or similar document of
    title which is evidence of a contract for the carriage of goods by
    sea between such ports, containing an express statement that it
    shall be subject to the provisions of this Act, shall be subjected
    hereto as fully as if subject hereto by the express provisions of
    this Act: Provided further, That every bill of lading or similar
    document of title which is evidence of a contract for the carriage
    of goods by sea from ports of the United States, in foreign trade,
    shall contain a statement that it shall have effect subject to the
    provisions of this Act.
      "[As to proviso in second sentence that Philippine Legislature
    may by law exclude its application to transportation to or from
    ports of the Philippine Islands, see Proc. No. 2695, set out under
    section 1394 of Title 22, Foreign Relations and Intercourse, which
    proclaimed the independence of the Philippines.]

                 "[SUSPENSION OF PROVISIONS BY PRESIDENT]             
      "Sec. 14. Upon the certification of the Secretary of
    Transportation that the foreign commerce of the United States in
    its competition with that of foreign nations is prejudiced by the
    provisions, or any of them, of title I of this Act, or by the laws
    of any foreign country or countries relating to the carriage of
    goods by sea, the President of the United States may, from time to
    time, by proclamation, suspend any or all provisions of said
    sections for such periods of time or indefinitely as may be
    designated in the proclamation. The President may at any time
    rescind such suspension of said sections, and any provisions
    thereof which may have been suspended shall thereby be reinstated
    and again apply to contracts thereafter made for the carriage of
    goods by sea. Any proclamation of suspension or rescission of any
    such suspension shall take effect on a date named therein, which
    date shall be not less than ten days from the issue of the
    proclamation.
      "Any contract for the carriage of goods by sea, subject to the
    provisions of this Act, effective during any period when title I
    hereof, or any part thereof, are suspended, shall be subject to all
    provisions of law now or hereafter applicable to that part of title
    I which may have thus been suspended. [As amended Pub. L. 97-31,
    Sec. 12(146), Aug. 6, 1981, 95 Stat. 166.]

                             "[EFFECTIVE DATE]                         
      "Sec. 15. This Act shall take effect ninety days after the date
    of its approval [April 16, 1936]; but nothing in this Act shall
    apply during a period not to exceed one year following its approval
    to any contract for the carriage of goods by sea, made before the
    date on which this Act is approved, nor to any bill of lading or
    similar document of title issued, whether before or after such date
    of approval in pursuance of any such contract as aforesaid.

                              "[SHORT TITLE]                          
      "Sec. 16. This Act may be cited as the 'Carriage of Goods by Sea
    Act'."

-End-



-CITE-
    46 USC Sec. 30702                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 307 - LIABILITY OF WATER CARRIERS

-HEAD-
    Sec. 30702. Application

-STATUTE-
      (a) In General. - Except as otherwise provided, this chapter
    applies to a carrier engaged in the carriage of goods to or from
    any port in the United States.
      (b) Live Animals. - Sections 30703 and 30704 of this title do not
    apply to the carriage of live animals.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1516.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30702(a)       (no source).                                         
    30702(b)       46 App.:195.            Feb. 13, 1893, ch. 105, Sec. 
                                            7, 27 Stat. 446.            
    --------------------------------------------------------------------

      Subsection (a) is added based on language appearing in various
    source provisions restated in this chapter. The word "carriage" is
    substituted for "transporting", and the word "goods" is substituted
    for "merchandise or property", to use the same terminology as in
    the Carriage of Goods By Sea Act (Apr. 16, 1936, ch. 229, 49 Stat.
    1207). The words "to or from any port in the United States" are
    substituted for "from or between ports of the United States and
    foreign ports" in 46 App. U.S.C. 190 and 193, "from or between
    ports of the United States of America and foreign ports" in 46 App.
    U.S.C. 191, and "to or from any port in the United States of
    America" in 46 App. U.S.C. 192, for clarity and consistency. See
    Knott v. Botany Mills, 179 U.S. 69 (1900).

-End-



-CITE-
    46 USC Sec. 30703                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 307 - LIABILITY OF WATER CARRIERS

-HEAD-
    Sec. 30703. Bills of lading

-STATUTE-
      (a) Issuance. - On demand of a shipper, the carrier shall issue a
    bill of lading or shipping document.
      (b) Contents. - The bill of lading or shipping document shall
    include a statement of - 
        (1) the marks necessary to identify the goods;
        (2) the number of packages, or the quantity or weight, and
      whether it is carrier's or shipper's weight; and
        (3) the apparent condition of the goods.

      (c) Prima Facie Evidence of Receipt. - A bill of lading or
    shipping document issued under this section is prima facie evidence
    of receipt of the goods described.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1516.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30703          46 App.:193.            Feb. 13, 1893, ch. 105, Sec. 
                                            4, 27 Stat. 445.            
    --------------------------------------------------------------------

      In subsection (a), the words "On demand of a shipper" are added
    because of the reference to a demand in 46 App. U.S.C. 194. The
    words "transporting merchandise or property from or between ports
    of the United States and foreign ports" are omitted because of
    section 30702(a) of the revised title. The word "lawful" (which
    modifies "merchandise") is omitted as unnecessary.
      In subsection (b)(2), the words "or weight" are added for
    consistency with the requirement to state whether it is the
    carrier's or shipper's weight.
      In subsection (b)(3), the word "order" is omitted as redundant to
    "condition". The words "delivered to and received by . . . for
    transportation" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 30704                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 307 - LIABILITY OF WATER CARRIERS

-HEAD-
    Sec. 30704. Loading, stowage, custody, care, and delivery

-STATUTE-
      A carrier may not insert in a bill of lading or shipping document
    a provision avoiding its liability for loss or damage arising from
    negligence or fault in loading, stowage, custody, care, or proper
    delivery. Any such provision is void.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1516.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30704          46 App.:190.            Feb. 13, 1893, ch. 105, Sec. 
                                            1, 27 Stat. 445.            
    --------------------------------------------------------------------

      The words "transporting merchandise or property from or between
    ports of the United States and foreign ports" are omitted because
    of section 30702(a) of the revised title. The words "may not" are
    substituted for "It shall not be lawful . . . to", and the word
    "provision" is substituted for "clause, covenant, or agreement", to
    eliminate unnecessary words. The words "any and all lawful" and
    "committed to its or their charge" are omitted as unnecessary. The
    words "Any such provision is void" are substituted for "Any and all
    words or clauses of such import inserted in bills of lading or
    shipping receipts shall be null and void and of no effect" to
    eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 30705                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 307 - LIABILITY OF WATER CARRIERS

-HEAD-
    Sec. 30705. Seaworthiness

-STATUTE-
      (a) Prohibition. - A carrier may not insert in a bill of lading
    or shipping document a provision lessening or avoiding its
    obligation to exercise due diligence to - 
        (1) make the vessel seaworthy; and
        (2) properly man, equip, and supply the vessel.

      (b) Voidness. - A provision described in subsection (a) is void.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1516.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30705          46 App.:191.            Feb. 13, 1893, ch. 105, Sec. 
                                            2, 27 Stat. 445.            
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the words "transporting
    merchandise or property from or between ports of the United States
    of America and foreign ports" are omitted because of section
    30702(a) of the revised title. The words "may not" are substituted
    for "It shall not be lawful . . . to", the word "provision" is
    substituted for "covenant or agreement", and the words "lessening
    or avoiding its obligation" are substituted for "whereby the
    obligations . . . shall in any wise be lessened, weakened, or
    avoided", to eliminate unnecessary words.
      In paragraph (1), the words "and capable of performing her
    intended voyage" are omitted as unnecessary.
      In paragraph (2), the word "supply" is substituted for
    "provision, and outfit" to eliminate unnecessary words.
      The words "or whereby the obligations of the master, officers,
    agents, or servants to carefully handle and stow her cargo and to
    care for and properly deliver same" are omitted as covered by
    section 30704 of the revised title.
      Subsection (b) is added for clarity and for consistency with
    section 30704 of the revised title.

-End-



-CITE-
    46 USC Sec. 30706                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 307 - LIABILITY OF WATER CARRIERS

-HEAD-
    Sec. 30706. Defenses

-STATUTE-
      (a) Due Diligence. - If a carrier has exercised due diligence to
    make the vessel in all respects seaworthy and to properly man,
    equip, and supply the vessel, the carrier and the vessel are not
    liable for loss or damage arising from an error in the navigation
    or management of the vessel.
      (b) Other Defenses. - A carrier and the vessel are not liable for
    loss or damage arising from - 
        (1) dangers of the sea or other navigable waters;
        (2) acts of God;
        (3) public enemies;
        (4) seizure under legal process;
        (5) inherent defect, quality, or vice of the goods;
        (6) insufficiency of package;
        (7) act or omission of the shipper or owner of the goods or
      their agent; or
        (8) saving or attempting to save life or property at sea,
      including a deviation in rendering such a service.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1517.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30706          46 App.:192.            Feb. 13, 1893, ch. 105, Sec. 
                                            3, 27 Stat. 445.            
    --------------------------------------------------------------------

      This section is restated as two subsections to clarify that the
    exercise of due diligence in making the vessel seaworthy is a
    condition only to the defense of error in navigation or management
    restated in subsection (a). See May v. Hamburg-Amerikanische
    Packetfahrt Aktiengesellschaft (The Isis), 290 U.S. 333, 353
    (1933). The words "transporting merchandise or property to or from
    any port in the United States of America" are omitted because of
    section 30702(a) of the revised title.

-End-



-CITE-
    46 USC Sec. 30707                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 307 - LIABILITY OF WATER CARRIERS

-HEAD-
    Sec. 30707. Criminal penalty

-STATUTE-
      (a) In General. - A carrier that violates this chapter shall be
    fined under title 18.
      (b) Lien. - The amount of the fine and costs for the violation
    constitute a lien on the vessel engaged in the carriage. A civil
    action in rem to enforce the lien may be brought in the district
    court of the United States for any district in which the vessel is
    found.
      (c) Disposition of Fine. - Half of the fine shall go to the
    person injured by the violation and half to the United States
    Government.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1517.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30707          46 App.:194.            Feb. 13, 1893, ch. 105, Sec. 
                                            5, 27 Stat. 446.            
    --------------------------------------------------------------------

      In subsection (a), the words "and who refuses to issue on demand
    the bill of lading herein provided for" are omitted as unnecessary.
    The words "shall be fined under title 18" are substituted for
    "shall be liable to a fine not exceeding $2,000" because of chapter
    227 of title 18.
      In subsection (b), the words "A civil action in rem to enforce
    the lien may be brought in the district court of the United States
    for any district in which the vessel is found" are substituted for
    "such vessel may be libeled therefor in any district court of the
    United States" for clarity and to modernize the language.

-End-


-CITE-
    46 USC CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE
           UNITED STATES                                   01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
        CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES    

-MISC1-
    Sec.                                                     
    30901.      Short title.                                          
    30902.      Definition.                                           
    30903.      Waiver of immunity.                                   
    30904.      Exclusive remedy.                                     
    30905.      Period for bringing action.                           
    30906.      Venue.                                                
    30907.      Procedure for hearing and determination.              
    30908.      Exemption from arrest or seizure.                     
    30909.      Security.                                             
    30910.      Exoneration and limitation.                           
    30911.      Costs and interest.                                   
    30912.      Arbitration, compromise, or settlement.               
    30913.      Payment of judgment or settlement.                    
    30914.      Release of privately owned vessel after arrest or
                 attachment.                                          
    30915.      Seizures and other proceedings in foreign
                 jurisdictions.                                       
    30916.      Recovery by the United States for salvage services.   
    30917.      Disposition of amounts recovered by the United States.
    30918.      Reports.                                              

-End-



-CITE-
    46 USC Sec. 30901                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30901. Short title

-STATUTE-
      This chapter may be cited as the "Suits in Admiralty Act".

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1517.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30901          46 App.:741 note.                                    
    --------------------------------------------------------------------


                                SHORT TITLE                            
      Act Mar. 9, 1920, ch. 95, 41 Stat. 525, which enacted chapter 20
    (Sec. 741 et seq.) of the former Appendix to this title, was
    popularly known as the "Suits in Admiralty Act", prior to being
    repealed and restated in this chapter by Pub. L. 109-304, Secs.
    6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710.

-End-



-CITE-
    46 USC Sec. 30902                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30902. Definition

-STATUTE-
      In this chapter, the term "federally-owned corporation" means a
    corporation in which the United States owns all the outstanding
    capital stock.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1517.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30902          46 App.:741             Mar. 9, 1920, ch. 95, Sec. 1 
                    (11th-26th words).      (11th-26th words), 41 Stat. 
                                            525.                        
    --------------------------------------------------------------------

      The term "federally-owned corporation" is defined in this section
    and used in this chapter to avoid repeating the substance of the
    definition in several sections in this chapter. The words "or its
    representatives" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 30903                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30903. Waiver of immunity

-STATUTE-
      (a) In General. - In a case in which, if a vessel were privately
    owned or operated, or if cargo were privately owned or possessed,
    or if a private person or property were involved, a civil action in
    admiralty could be maintained, a civil action in admiralty in
    personam may be brought against the United States or a federally-
    owned corporation. In a civil action in admiralty brought by the
    United States or a federally-owned corporation, an admiralty claim
    in personam may be filed or a setoff claimed against the United
    States or corporation.
      (b) Non-Jury. - A claim against the United States or a federally-
    owned corporation under this section shall be tried without a
    jury.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1518.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30903          46 App.:742 (1st,       Mar. 9, 1920, ch. 95, Sec. 2 
                    3d sentences).          (1st, 3d sentences), 41     
                                            Stat. 525; Pub. L. 86-770,  
                                            Sec. 3, Sept. 13, 1960, 74  
                                            Stat. 912; Pub. L. 104-324, 
                                            title XI, Sec. 1105, Oct.   
                                            19, 1996, 110 Stat. 3967.   
    --------------------------------------------------------------------

      In subsection (a), the words "civil action" are substituted for
    "proceeding" and "libel" because of rule 2 of the Federal Rules of
    Civil Procedure (28 App. U.S.C.) and for consistency in the
    chapter. The words "civil action in admiralty in personam" are
    substituted for "any appropriate nonjury proceeding in personam"
    for clarity. The words "in rem or in personam in any district" are
    omitted as unnecessary. The words "admiralty claim" are substituted
    for "cross libel" for consistency in this chapter and with the
    various means of asserting a claim (such as by counterclaim or
    cross-claim) allowed by the Federal Rules of Civil Procedure. The
    words "with the same force and effect as if the libel had been
    filed by a private party" are omitted as unnecessary.
      Subsection (b) is substituted for the word "nonjury" to clarify
    that the nonjury requirement applies to any claim against the
    United States or a federally-owned corporation under this section
    regardless of which party brings the action.

-End-



-CITE-
    46 USC Sec. 30904                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30904. Exclusive remedy

-STATUTE-
      If a remedy is provided by this chapter, it shall be exclusive of
    any other action arising out of the same subject matter against the
    officer, employee, or agent of the United States or the federally-
    owned corporation whose act or omission gave rise to the claim.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1518.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30904          46 App.:745 (1st        Mar. 9, 1920, ch. 95, Sec. 5 
                    proviso).               (1st proviso), 41 Stat. 526;
                                            June 30, 1932, ch. 315, 47  
                                            Stat. 420; Dec. 13, 1950,   
                                            ch. 1136, 64 Stat. 1112.    
    --------------------------------------------------------------------

      The words "officer, employee, or agent of the United States or
    the federally-owned corporation" are substituted for "agent or
    employee of the United States or of any incorporated or
    unincorporated agency thereof" for consistency in this chapter and
    to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 30905                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30905. Period for bringing action

-STATUTE-
      A civil action under this chapter must be brought within 2 years
    after the cause of action arose.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1518.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30905          46 App.:745 (words      Mar. 9, 1920, ch. 95, Sec. 5 
                    before 1st proviso).     (words before 1st proviso), 
                                            41 Stat. 526; June 30, 1932,
                                            ch. 315, 47 Stat. 420; Dec. 
                                            13, 1950, ch. 1136, 64 Stat.
                                            1112.                       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 30906                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30906. Venue

-STATUTE-
      (a) In General. - A civil action under this chapter shall be
    brought in the district court of the United States for the district
    in which - 
        (1) any plaintiff resides or has its principal place of
      business; or
        (2) the vessel or cargo is found.

      (b) Transfer. - On a motion by a party, the court may transfer
    the action to any other district court of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1518.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30906(a)       46 App.:742 (2d         Mar. 9, 1920, ch. 95, Sec. 2 
                    sentence).              (2d, last sentences), 41    
                                            Stat. 526.                  
    30906(b)       46 App.:742 (last                                    
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (a)(1), the words "in the United States" are
    omitted as unnecessary.
      In subsection (a)(2), the words "charged with liability" are
    omitted as unnecessary.
      In subsection (b), the words "in the discretion of the court" are
    omitted as unnecessary. For general change of venue provision, see
    28 U.S.C. 1404.

-End-



-CITE-
    46 USC Sec. 30907                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30907. Procedure for hearing and determination

-STATUTE-
      (a) In General. - A civil action under this chapter shall proceed
    and be heard and determined according to the principles of law and
    the rules of practice applicable in like cases between private
    parties.
      (b) In Rem. - 
        (1) Requirements. - The action may proceed according to the
      principles of an action in rem if - 
          (A) the plaintiff elects in the complaint; and
          (B) it appears that an action in rem could have been
        maintained had the vessel or cargo been privately owned and
        possessed.

        (2) Effect on relief in personam. - An election under paragraph
      (1) does not prevent the plaintiff from seeking relief in
      personam in the same action.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1518.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30907(a)       46 App.:743 (1st,       Mar. 9, 1920, ch. 95, Sec. 3 
                    4th sentences).         (1st, 4th-6th sentences), 41
                                            Stat. 526.                  
    30907(b)       46 App.:743 (5th,                                    
                    6th sentences).                                     
    --------------------------------------------------------------------

      In subsection (a), the text of 46 App. U.S.C. 743 (4th sentence)
    is omitted as unnecessary.
      In subsection (b)(1)(A), the words "plaintiff" and "complaint"
    are substituted for "libelant" and "libel", respectively, for
    consistency with the Federal Rules of Civil Procedure (28 App.
    U.S.C.).
      In subsection (b)(2), the words "in any proper case" are omitted
    as unnecessary.

-End-



-CITE-
    46 USC Sec. 30908                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30908. Exemption from arrest or seizure

-STATUTE-
      The following are not subject to arrest or seizure by judicial
    process in the United States:
        (1) A vessel owned by, possessed by, or operated by or for the
      United States or a federally-owned corporation.
        (2) Cargo owned or possessed by the United States or a
      federally-owned corporation.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1518.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30908          46 App.:741 (less       Mar. 9, 1920, ch. 95, Sec. 1 
                    11th-26th words).       (less 11th-26th words), 41  
                                            Stat. 525; Sept. 26, 1950,  
                                            ch. 1049, Sec. 2(a)(2), 64  
                                            Stat. 1038; Pub. L. 96-70,  
                                            Sec. 3(b)(5), Sept. 27,     
                                            1979, 93 Stat. 455.         
    --------------------------------------------------------------------

      The words "a federally-owned corporation" are substituted for
    "any corporation in which the United States or its representatives
    shall own the entire outstanding capital stock" because of the
    definition of "federally-owned corporation" in section 30902 of the
    revised title. The words "after March 9, 1920" are omitted as
    obsolete. The words "in view of the provision herein made for a
    libel in personam" are omitted as unnecessary. The words "or its
    possessions" are omitted because of the definition of "United
    States" in chapter 1 of the revised title. The words "Provided,
    That this chapter shall not apply to the Panama Canal Commission"
    are omitted because the Commission has been dissolved. See 22
    U.S.C. 3714a.

-End-



-CITE-
    46 USC Sec. 30909                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30909. Security

-STATUTE-
      Neither the United States nor a federally-owned corporation may
    be required to give a bond or admiralty stipulation in a civil
    action under this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1519.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30909          46 App.:743 (last       Mar. 9, 1920, ch. 95, Sec. 3 
                    sentence).              (last sentence), 41 Stat.   
                                            526; Pub. L. 97-31, Sec.    
                                            12(25)(A), Aug. 6, 1981, 95 
                                            Stat. 155.                  
    --------------------------------------------------------------------

      The words "civil action" are substituted for "proceeding" for
    consistency in this chapter and with rule 2 of the Federal Rules of
    Civil Procedure (28 App. U.S.C.).

-End-



-CITE-
    46 USC Sec. 30910                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30910. Exoneration and limitation

-STATUTE-
      The United States is entitled to the exemptions from and
    limitations of liability provided by law to an owner, charterer,
    operator, or agent of a vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1519.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30910          46 App.:746.            Mar. 9, 1920, ch. 95, Sec.   
                                            6, 41 Stat. 527.            
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 30911                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30911. Costs and interest

-STATUTE-
      (a) In General. - A judgment against the United States or a
    federally-owned corporation under this chapter may include costs
    and interest at the rate of 4 percent per year until satisfied.
    Interest shall run as ordered by the court, except that interest is
    not allowable for the period before the action is filed.
      (b) Contract Providing for Interest. - Notwithstanding subsection
    (a), if the claim is based on a contract providing for interest,
    interest may be awarded at the rate and for the period provided in
    the contract.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1519.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30911          46 App.:743 (2d, 3d     Mar. 9, 1920, ch. 95, Sec. 3 
                    sentences).             (2d, 3d sentences), 41 Stat.
                                            526.                        
                   46 App.:745 (last       Mar. 9, 1920, ch. 95, Sec. 5 
                    proviso).               (last proviso), 41 Stat.    
                                            526; June 30, 1932, ch. 315,
                                            47 Stat. 420; Dec. 13, 1950,
                                            ch. 1136, 64 Stat. 1112.    
    --------------------------------------------------------------------

      In subsection (a), the words "and when the decree is for a money
    judgment" are omitted as unnecessary. The words "except that
    interest is not allowable for the period before the action is
    filed" are substituted for "And provided further, That after June
    30, 1932, no interest shall be allowed on any claim prior to the
    time when suit on such claim is brought as authorized by section
    742 of this Appendix" to eliminate unnecessary words.
      Subsection (b) is substituted for "or at any higher rate which
    shall be stipulated in any contract upon which such decree shall be
    based" in 46 App. U.S.C. 743 and "unless upon a contract expressly
    stipulating for the payment of interest" in 46 App. U.S.C. 745
    (last proviso) for clarity and consistency.

-End-



-CITE-
    46 USC Sec. 30912                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30912. Arbitration, compromise, or settlement

-STATUTE-
      The Secretary of a department of the United States Government, or
    the board of trustees of a federally-owned corporation, may
    arbitrate, compromise, or settle a claim under this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1519.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30912          46 App.:749.            Mar. 9, 1920, ch. 95, Sec.   
                                            9, 41 Stat. 527; Pub. L.    
                                            92-417, Sec. 3, Aug. 29,    
                                            1972, 86 Stat. 656; Pub. L. 
                                            97-31, Sec. 12(25)(C), Aug. 
                                            6, 1981, 95 Stat. 155.      
    --------------------------------------------------------------------

      The words "claim under this chapter" are substituted for "claim
    in which suit will lie under the provisions of sections 742, 744,
    and 750 of this Appendix" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 30913                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30913. Payment of judgment or settlement

-STATUTE-
      (a) In General. - The proper accounting officer of the United
    States shall pay a final judgment, arbitration award, or settlement
    under this chapter on presentation of an authenticated copy.
      (b) Source of Payment. - Payment shall be made from an
    appropriation or fund available specifically for the purpose. If no
    appropriation or fund is specifically available, there is hereby
    appropriated, out of money in the Treasury not otherwise
    appropriated, an amount sufficient to pay the judgment, award, or
    settlement.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1519.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30913          46 App.:748.            Mar. 9, 1920, ch. 95, Sec.   
                                            8, 41 Stat. 527.            
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 30914                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30914. Release of privately owned vessel after arrest or
      attachment

-STATUTE-
      If a privately owned vessel not in the possession of the United
    States or a federally-owned corporation is arrested or attached in
    a civil action arising or alleged to have arisen from prior
    ownership, possession, or operation by the United States or
    corporation, the vessel shall be released without bond or
    stipulation on a statement by the United States, through the
    Attorney General or other authorized law officer, that the United
    States is interested in the action, desires release of the vessel,
    and assumes liability for the satisfaction of any judgment obtained
    by the plaintiff. After the vessel is released, the action shall
    proceed against the United States in accordance with this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1519.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30914          46 App.:744.            Mar. 9, 1920, ch. 95, Sec.   
                                            4, 41 Stat. 526.            
    --------------------------------------------------------------------

      The words "on a statement" are substituted for "upon the
    suggestion" as more appropriate.

-End-



-CITE-
    46 USC Sec. 30915                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30915. Seizures and other proceedings in foreign jurisdictions

-STATUTE-
      (a) In General. - If a vessel or cargo described in section 30908
    or 30914 of this title is arrested, attached, or otherwise seized
    by judicial process in a foreign country, or if an action is
    brought in a court of a foreign country against the master of such
    a vessel for a claim arising from the ownership, possession, or
    operation of the vessel, or the ownership, possession, or carriage
    of such cargo, the Secretary of State, on request of the Attorney
    General or another officer authorized by the Attorney General, may
    direct the United States consul residing at or nearest the place at
    which the action was brought - 
        (1) to claim the vessel or cargo as immune from arrest,
      attachment, or other seizure, and to execute an agreement,
      stipulation, bond, or undertaking, for the United States or
      federally-owned corporation, for the release of the vessel or
      cargo and the prosecution of any appeal; or
        (2) if an action has been brought against the master of such a
      vessel, to enter the appearance of the United States or
      corporation and to pledge the credit of the United States or
      corporation to the payment of any judgment and costs in the
      action.

      (b) Arranging Bond or Stipulation. - The Attorney General may - 
        (1) arrange with a bank, surety company, or other person,
      whether in the United States or a foreign country, to execute a
      bond or stipulation; and
        (2) pledge the credit of the United States to secure the bond
      or stipulation.

      (c) Payment of Judgment. - The appropriate accounting officer of
    the United States or corporation may pay a judgment in an action
    described in subsection (a) on presentation of a copy of the
    judgment if certified by the clerk of the court and authenticated
    by - 
        (1) the certificate and seal of the United States consul
      claiming the vessel or cargo, or by the consul's successor; and
        (2) the certificate of the Secretary as to the official
      capacity of the consul.

      (d) Right To Claim Immunity Not Affected. - This section does not
    affect the right of the United States to claim immunity of a vessel
    or cargo from foreign jurisdiction.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1519.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30915          46 App.:747.            Mar. 9, 1920, ch. 95, Sec.   
                                            7, 41 Stat. 527; Pub. L.    
                                            97-31, Sec. 12(25)(B), Aug. 
                                            6, 1981, 95 Stat. 155.      
    --------------------------------------------------------------------

      In this section, references to the Maritime Administration are
    omitted as unnecessary.
      In subsection (a), before paragraph (1), the words "or in
    connection with", "of the United States in his discretion", and
    "duly" are omitted as unnecessary. In paragraph (1), the words "as
    by said court required" are omitted as unnecessary.
      In subsection (b)(1), the words "firm, or corporation" are
    omitted as included in "person" as defined in 1 U.S.C. 1.
      Subsection (b)(2) is substituted for "to pledge the credit of the
    United States to the indemnification of such surety or stipulator
    as may be required to secure the execution of such bond or
    stipulation" to eliminate unnecessary words.
      In subsection (c), the words "may pay" are substituted for
    "presentation . . . shall be sufficient evidence . . . for the
    allowance and payment" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 30916                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30916. Recovery by the United States for salvage services

-STATUTE-
      (a) Civil Action. - The United States, and the crew of a merchant
    vessel owned or operated by the United States, or a federally-owned
    corporation, may bring a civil action to recover for salvage
    services provided by the vessel and crew.
      (b) Deposit of Amounts Recovered. - Any amount recovered under
    this section by the United States for its own benefit, and not for
    the benefit of the crew, shall be deposited in the Treasury to the
    credit of the department of the United States Government, or the
    corporation, having control of the possession or operation of the
    vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1520.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30916          46 App.:750.            Mar. 9, 1920, ch. 95, Sec.   
                                            10, 41 Stat. 528; Pub. L.   
                                            97-31, Sec. 12(25)(D), Aug. 
                                            6, 1981, 95 Stat. 155.      
    --------------------------------------------------------------------

      In subsection (a), the words "may bring a civil action to
    recover" are substituted for "shall have the right to collect and
    sue" for consistency in this chapter and to eliminate unnecessary
    words.

-End-



-CITE-
    46 USC Sec. 30917                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30917. Disposition of amounts recovered by the United States

-STATUTE-
      Amounts recovered in a civil action brought by the United States
    on a claim arising from the ownership, possession, or operation of
    a merchant vessel, or the ownership, possession, or carriage of
    cargo, shall be deposited in the Treasury to the credit of the
    department of the United States Government, or the federally-owned
    corporation, having control of the vessel or cargo, for
    reimbursement of the appropriation, insurance fund, or other fund
    from which the compensation for which the judgment was recovered
    was or will be paid.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1520.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30917          46 App.:751.            Mar. 9, 1920, ch. 95, Sec.   
                                            11, 41 Stat. 528; Pub. L.   
                                            97-31, Sec. 12(25)(D), Aug. 
                                            6, 1981, 95 Stat. 155.      
    --------------------------------------------------------------------

      The words "or in connection with" and "with respect to which such
    cause of action arises" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 30918                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES

-HEAD-
    Sec. 30918. Reports

-STATUTE-
      The Secretary of each department of the United States Government,
    and the board of trustees of each federally-owned corporation,
    shall report to Congress at each session thereof all arbitration
    awards and settlements agreed to under this chapter since the
    previous session, for which the time to appeal has expired or been
    waived.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1521.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    30918          46 App.:752.            Mar. 9, 1920, ch. 95, Sec.   
                                            12, 41 Stat. 528; Aug. 30,  
                                            1954, ch. 1076, Sec. 1(26), 
                                            68 Stat. 968; Pub. L. 97-31,
                                            Sec. 12(25)(E), Aug. 6,     
                                            1981, 95 Stat. 155.         
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS         01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
               CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS           

-MISC1-
    Sec.                                                     
    31101.      Short title.                                          
    31102.      Waiver of immunity.                                   
    31103.      Applicable procedure.                                 
    31104.      Venue.                                                
    31105.      Security when counterclaim filed.                     
    31106.      Exoneration and limitation.                           
    31107.      Interest.                                             
    31108.      Arbitration, compromise, or settlement.               
    31109.      Payment of judgment or settlement.                    
    31110.      Subpoenas to officers or members of crew.             
    31111.      Claims by nationals of foreign countries.             
    31112.      Lien not recognized or created.                       
    31113.      Reports.                                              

-End-



-CITE-
    46 USC Sec. 31101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31101. Short title

-STATUTE-
      This chapter may be cited as the "Public Vessels Act".

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1521.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31101          46 App.:781 note.                                    
    --------------------------------------------------------------------


                                SHORT TITLE                            
      Act of March 3, 1925, ch. 428, 43 Stat. 1112, which enacted
    chapter 22 (Sec. 781 et seq.) of the former Appendix to this title,
    was popularly known as the "Public Vessels Act", prior to being
    repealed and restated in this chapter by Pub. L. 109-304, Secs.
    6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710.

-End-



-CITE-
    46 USC Sec. 31102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31102. Waiver of immunity

-STATUTE-
      (a) In General. - A civil action in personam in admiralty may be
    brought, or an impleader filed, against the United States for - 
        (1) damages caused by a public vessel of the United States; or
        (2) compensation for towage and salvage services, including
      contract salvage, rendered to a public vessel of the United
      States.

      (b) Counterclaim or Setoff. - If the United States brings a civil
    action in admiralty for damages caused by a privately owned vessel,
    the owner of the vessel, or the successor in interest, may file a
    counterclaim in personam, or claim a setoff, against the United
    States for damages arising out of the same subject matter.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1521.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31102(a)       46 App.:781.            Mar. 3, 1925, ch. 428, Sec.  
                                            1, 43 Stat. 1112.           
    31102(b)       46 App.:783 (words      Mar. 3, 1925, ch. 428, Sec.  
                    before proviso).        3 (words before proviso), 43
                                            Stat. 1112.                 
    --------------------------------------------------------------------

      In this section, the words "civil action" are substituted for
    "libel" because of rule 2 of the Federal Rules of Civil Procedure
    (28 App. U.S.C.).
      In subsection (a), the words "Provided, That the cause of action
    arose after the 6th day of April, 1920" are omitted as unnecessary.
      In subsection (b), the words "in rem or in personam" are omitted
    as unnecessary. The words "file a counterclaim in personam, or
    claim a setoff" are substituted for "file a cross libel in personam
    or claim a set-off or counterclaim" to conform to the terminolgy in
    the Federal Rules of Civil Procedure and to eliminate unnecessary
    words. The words "for damages arising out of the same subject
    matter" are substituted for "in such suit for and on account of any
    damages arising out of the same subject matter or cause of action"
    to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 31103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31103. Applicable procedure

-STATUTE-
      A civil action under this chapter is subject to the provisions of
    chapter 309 of this title except to the extent inconsistent with
    this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1521.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31103          46 App.:782 (last       Mar. 3, 1925, ch. 428, Sec.  
                    sentence words          2 (last sentence words      
                    before last comma).     before last comma), 43 Stat.
                                            1112.                       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 31104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31104. Venue

-STATUTE-
      (a) In General. - A civil action under this chapter shall be
    brought in the district court of the United States for the district
    in which the vessel or cargo is found within the United States.
      (b) Vessel or Cargo Outside Territorial Waters. - If the vessel
    or cargo is outside the territorial waters of the United States - 
        (1) the action shall be brought in the district court of the
      United States for any district in which any plaintiff resides or
      has an office for the transaction of business; or
        (2) if no plaintiff resides or has an office for the
      transaction of business in the United States, the action may be
      brought in the district court of the United States for any
      district.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1521.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31104          46 App.:782 (1st        Mar. 3, 1925, ch. 428, Sec.  
                    sentence).              2 (1st sentence), 43 Stat.  
                                            1112.                       
    --------------------------------------------------------------------

      In subsection (a), the words "charged with creating the
    liability" are omitted as unnecessary.
      In subsection (b)(2), the words "in the United States" are
    omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 31105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31105. Security when counterclaim filed

-STATUTE-
      If a counterclaim is filed for a cause of action for which the
    original action is filed under this chapter, the respondent to the
    counterclaim shall give security in the usual amount and form to
    respond to the counterclaim, unless the court for cause shown
    orders otherwise. The proceedings in the original action shall be
    stayed until the security is given.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1522.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31105          46 App.:783             Mar. 3, 1925, ch. 428, Sec.  
                    (proviso).              3 (proviso), 43 Stat. 1112. 
    --------------------------------------------------------------------

      The word "counterclaim" is substituted for "cross-libel", and the
    words "original action" are substituted for "original libel", to
    conform to the terminolgy in the Federal Rules of Civil Procedure
    (28 App. U.S.C.).

-End-



-CITE-
    46 USC Sec. 31106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31106. Exoneration and limitation

-STATUTE-
      The United States is entitled to the exemptions from and
    limitations of liability provided by law to an owner, charterer,
    operator, or agent of a vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1522.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31106          46 App.:789.            Mar. 3, 1925, ch. 428, Sec.  
                                            9, 43 Stat. 1113.           
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 31107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31107. Interest

-STATUTE-
      A judgment in a civil action under this chapter may not include
    interest for the period before the judgment is issued unless the
    claim is based on a contract providing for interest.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1522.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31107          46 App.:782 (last       Mar. 3, 1925, ch. 428, Sec.  
                    sentence words          2 (last sentence words after
                    after last comma).      last comma), 43 Stat. 1112. 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 31108                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31108. Arbitration, compromise, or settlement

-STATUTE-
      The Attorney General may arbitrate, compromise, or settle a claim
    under this chapter if a civil action based on the claim has been
    commenced.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1522.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31108          46 App.:786.            Mar. 3, 1925, ch. 428, Sec.  
                                            6, 43 Stat. 1113.           
    --------------------------------------------------------------------

      The words "claim under this chapter" are substituted for "claim
    on which a libel or cross libel would lie under the provisions of
    this chapter" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 31109                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31109. Payment of judgment or settlement

-STATUTE-
      The proper accounting officer of the United States shall pay a
    final judgment, arbitration award, or settlement under this chapter
    on presentation of an authenticated copy. Payment shall be made
    from any money in the Treasury appropriated for the purpose.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1522.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31109          46 App.:787.            Mar. 3, 1925, ch. 428, Sec.  
                                            7, 43 Stat. 1113.           
    --------------------------------------------------------------------

      Reference to an arbitration award is added for consistency with
    sections 30912 and 31108 of the revised title.

-End-



-CITE-
    46 USC Sec. 31110                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31110. Subpoenas to officers or members of crew

-STATUTE-
      An officer or member of the crew of a public vessel may not be
    subpoenaed in a civil action under this chapter without the consent
    of - 
        (1) the Secretary of the department or the head of the
      independent establishment having control of the vessel at the
      time the cause of action arose; or
        (2) the master or commanding officer of the vessel at the time
      the subpoena is issued.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1522.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31110          46 App.:784.            Mar. 3, 1925, ch. 428, Sec.  
                                            4, 43 Stat. 1112.           
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 31111                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31111. Claims by nationals of foreign countries

-STATUTE-
      A national of a foreign country may not maintain a civil action
    under this chapter unless it appears to the satisfaction of the
    court in which the action is brought that the government of that
    country, in similar circumstances, allows nationals of the United
    States to sue in its courts.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1522.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31111          46 App.:785.            Mar. 3, 1925, ch. 428, Sec.  
                                            5, 43 Stat. 1113.           
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 31112                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31112. Lien not recognized or created

-STATUTE-
      This chapter shall not be construed as recognizing the existence
    of or as creating a lien against a public vessel of the United
    States.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1522.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31112          46 App.:788.            Mar. 3, 1925, ch. 428, Sec.  
                                            8, 43 Stat. 1113.           
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 31113                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 311 - SUITS INVOLVING PUBLIC VESSELS

-HEAD-
    Sec. 31113. Reports

-STATUTE-
      The Attorney General shall report to Congress at each session
    thereof all claims settled under this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 6(c), Oct. 6, 2006, 120 Stat. 1523.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    31113          46 App.:790.            Mar. 3, 1925, ch. 428, Sec.  
                                            10, 43 Stat. 1113; Aug. 30, 
                                            1954, ch. 1076, Sec. 1(26), 
                                            68 Stat. 968.               
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME
           LIENS                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS

-HEAD-
          CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS      


-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    31301.      Definitions.                                          
    31302.      Availability of instruments, copies, and information. 
    31303.      Certain civil actions not authorized.                 
    31304.      Liability for noncompliance.                          
    31305.      Waiver of lien rights.                                
    31306.      Declaration of citizenship.                           
    31307.      State statutes superseded.                            
    31308.      Secretary of Commerce or Transportation as mortgagee. 
    31309.      General civil penalty.                                

                  SUBCHAPTER II - COMMERCIAL INSTRUMENTS              
    31321.      Filing, recording, and discharge.                     
    31322.      Preferred mortgages.                                  
    31323.      Disclosing and incurring obligations before executing
                 preferred mortgages.                                 
    31324.      Retention and examination of mortgages of vessels
                 covered by preferred mortgages.                      
    31325.      Preferred mortgage liens and enforcement.             
    31326.      Court sales to enforce preferred mortgage liens and
                 maritime liens and priority of claims.               
    31327.      Forfeiture of mortgagee interest.                     
    [31328.     Repealed.]                                            
    31329.      Court sales of documented vessels.                    
    31330.      Penalties.                                            

                      SUBCHAPTER III - MARITIME LIENS                  
    31341.      Persons presumed to have authority to procure
                 necessaries.                                         
    31342.      Establishing maritime liens.                          
    31343.      Recording and discharging notices of claim of maritime
                 lien.                                                

                       HISTORICAL AND REVISION NOTES                   
      Section 101 [102] of H.R. 3105 [became Pub. L. 100-710] revises,
    consolidates, and enacts certain general and permanent laws of the
    United States related to commercial instruments and liens and
    public vessels and goods. It amends subtitle III of title 46,
    United States Code by striking at the end "Chapters 313, 315 -
    Reserved" and substituting "Chapter 313 - Commercial Instruments
    and Maritime Liens". Chapter 313 is essentially a codification of
    the Ship Mortgage Act, 1920 (46 App. U.S.C. 911-984). H.R. 3105 is
    the second step in the process of enacting laws compiled in title
    46 of the Code into positive law. The first step in the
    codification process began in 1983 when certain general and
    permanent laws related to vessels and seamen were enacted as
    subtitle II of the title 46, United States Code.

                           HOUSE FLOOR STATEMENT                       
      Section 102 of this bill adds a new subtitle III to title 46,
    which contains a codification of the Ship Mortgage Act, 1920 and
    other related provisions. A previous version of this codification
    and the remaining sections of the bill were recently reported by
    the Merchant Marine and Fisheries Committee in H.R. 3105 (H. Rept.
    100-918). The significant additions or changes by this provision to
    the version of H.R. 3105 reported by the Merchant Marine and
    Fisheries Committee are explained as follows: [see sections 31305,
    31321, 31322, 31325, 31329, 31330, 31343 of this title].

                                AMENDMENTS                            
      2002 - Pub. L. 107-295, title II, Sec. 205(a)(2), Nov. 25, 2002,
    116 Stat. 2096, substituted "notices of claim of maritime lien" for
    "liens on preferred mortgage vessels" in item 31343.
      1996 - Pub. L. 104-324, title XI, Sec. 1113(b)(3), Oct. 19, 1996,
    110 Stat. 3970, struck out item 31328 "Limitations on parties
    serving as trustees of mortgaged vessel interests".

-End-


-CITE-
    46 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-



-CITE-
    46 USC Sec. 31301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 31301. Definitions

-STATUTE-
      In this chapter - 
        (1) "acknowledge" means making - 
          (A) an acknowledgment or notarization before a notary public
        or other official authorized by a law of the United States or a
        State to take acknowledgments of deeds; or
          (B) a certificate issued under the Hague Convention
        Abolishing the Requirement of Legalisation for Foreign Public
        Documents, 1961;

        (2) "district court" means - 
          (A) a district court of the United States (as defined in
        section 451 of title 28);
          (B) the District Court of Guam;
          (C) the District Court of the Virgin Islands;
          (D) the District Court for the Northern Mariana Islands;
          (E) the High Court of American Samoa; and
          (F) any other court of original jurisdiction of a territory
        or possession of the United States;

        (3) "mortgagee" means - 
          (A) a person to whom property is mortgaged; or
          (B) when a mortgage on a vessel involves a trust, the trustee
        that is designated in the trust agreement;

        (4) "necessaries" includes repairs, supplies, towage, and the
      use of a dry dock or marine railway;
        (5) "preferred maritime lien" means a maritime lien on a vessel
      - 
          (A) arising before a preferred mortgage was filed under
        section 31321 of this title;
          (B) for damage arising out of maritime tort;
          (C) for wages of a stevedore when employed directly by a
        person listed in section 31341 of this title;
          (D) for wages of the crew of the vessel;
          (E) for general average; or
          (F) for salvage, including contract salvage; and

        (6) "preferred mortgage" - 
          (A) means a mortgage that is a preferred mortgage under
        section 31322 of this title; and
          (B) also means in sections 31325 and 31326 of this title, a
        mortgage, hypothecation, or similar charge that is established
        as a security on a foreign vessel if the mortgage,
        hypothecation, or similar charge was executed under the laws of
        the foreign country under whose laws the ownership of the
        vessel is documented and has been registered under those laws
        in a public register at the port of registry of the vessel or
        at a central office.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4739.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31301(1), (2)                         New                           
    31301(3)                              46:911(5)                     
    31301(4)                              Derived from 46:971-974       
    31301(5)                              46:953(a)                     
    31301(6)(A)                           46:922(b)                     
    31301(6)(B)                           46:951 (2d par. less proviso) 
    --------------------------------------------------------------------

      Section 31301(1) defines the term "acknowledge". This paragraph
    makes a substantive change to law to expand the current law by
    allowing a notarization under State law, a form prescribed by the
    Secretary, as well as a certificate issued under the Hague
    Convention Abolishing the Requirement of Legalisation for Foreign
    Public Documents, 1961.
      Section 31301(2) defines "district court". This paragraph makes a
    substantive change to law by including the District Court of Guam,
    the District Court of the Virgin Islands, the District Court of the
    Northern Mariana Islands, the High Court of American Samoa, and
    other Federal territorial courts as they are established. Under
    current law, only the district courts of the United States have
    jurisdiction under the Ship Mortgage Act, 1920.
      Section 31301(3) defines "mortgagee" as a person to whom property
    is mortgaged and the trustee authorized under section 31328 that is
    designated in the trust agreement.
      Section 31301(4) defines "necessaries" to include repairs,
    supplies, towage, and the use of a drydock and marine railway for a
    vessel. As in all codifications, the term "includes" means
    "includes but is not limited to" and, therefore, is not intended to
    be an exclusive listing of those items that a court has determined
    or may determine as falling within the meaning of the term "other
    necessaries" as contained in current law. The definition is new, is
    based on 46 App. U.S.C. 971-974, and makes no substantive change to
    law.
      Section 31301(5) defines "preferred maritime lien" to mean a lien
    on a vessel that arises before a preferred mortgage was filed under
    section 31321 of this title for damages arising out of maritime
    tort, stevedore wages, crew wages, general average, and salvage.
    The definition is new and is based on 46 App. U.S.C. 953(a). The
    only substantive change to law made by this paragraph is to change
    the effective date from the day the preferred mortgage is recorded
    and endorsed to when it is filed. This change is in keeping with
    other changes with regard to filing. The term "duly and validly"
    that is in existing law is not used because it is unnecessary. An
    instrument that is not "duly and validly" executed is not executed
    under the laws of the foreign country. This makes no substantive
    change to law.
      Section 31301(6)(A) defines "preferred mortgage" to mean a
    mortgage that meets the requirements of section 31322. This clause
    makes no substantive change to law.
      Section 31301(6)(B) defines "preferred mortgage" to also mean a
    mortgage on a documented foreign vessel that is preferred under
    sections 31325 and 31326 for purposes of enforcement of the
    outstanding mortgage indebtedness. Preference is only granted if
    the mortgage is executed under the laws of a foreign country,
    registered under those laws in a public register at the port of
    registry or at a central office. The use of the word "established"
    in place of "created" in the current law or "effective" as used in
    the treaties is not intended to make any substantive change to law.
    The only substantive changes to law made by this clause are the
    elimination of the exemption of foreign vessels of less than 200
    gross tons, and clarification of the rule of interpretation that if
    a vessel is registered in one country, but is permitted to fly
    temporarily the flag of another country (such as through a demise
    charter), it is the law of the country in which the ownership of
    the vessel is documented that is used to determine when a mortgage
    attains preferred status.

                              EFFECTIVE DATE                          
      Pub. L. 100-710, title I, Sec. 107, Nov. 23, 1988, 102 Stat.
    4752, provided that:
      "(a) This title [see Tables for classification] and amendments
    made by this title take effect on January 1, 1989. However,
    sections 31321 and 31322 of title 46 (as enacted by section 102 of
    this Act), United States Code (as sections 31321 and 32322
    [probably should be 31322] apply to vessels for which an
    application for documentation has been filed), take effect on
    January 1, 1990.
      "(b) An instrument filed before January 1, 1989, but not recorded
    before that date, is deemed to comply with section 31321 of title
    46, United States Code, if it is in substantial compliance with the
    provisions in that section that had corresponding requirements
    under the law on December 31, 1988. However, the mortgage may not
    become a preferred mortgage until the vessel is documented.
      "(c) This title and the amendments made by this title do not
    affect the validity of any instrument filed or recorded before
    January 1, 1989, if there was a corresponding requirement under the
    law on December 31, 1988.
      "(d) An instrument filed or recorded before January 1, 1989, is
    deemed to comply with any new requirement under chapter 313 of
    title 46, United States Code (as enacted by section 102 of this
    Act), affecting the validity of that instrument.
      "(e) Section 102 of this Act and amendments made by that section
    [enacting former section 30101 and sections 31301 to 31309, 31321
    to 31330, and 31341 to 31343 of this title and provisions set out
    as a note preceding section 2101 of this title] do not affect any
    civil action filed before January 1, 1989.
      "(f) Section 104(b) of this Act and the amendments made by
    section 104(b) of this Act [amending section 808 of the former
    Appendix to this title] do not apply to any change in control
    resulting from, or which may at any time result from, any proposed
    plan of reorganization filed under the United States bankruptcy
    laws prior to the date of enactment of this Act [Nov. 23, 1988],
    except that transactions undertaken as a result of such a plan
    shall continue to be governed by section 9 of the Shipping Act,
    1916 ([former] 46 App. U.S.C. 808) [see 46 U.S.C. 56101, 57109], as
    it existed prior to the date of enactment of this Act, to the
    extent that such section 9 would have governed such transactions."

-End-



-CITE-
    46 USC Sec. 31302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 31302. Availability of instruments, copies, and information

-STATUTE-
      The Secretary of Transportation shall - 
        (1) make any instrument filed or recorded with the Secretary
      under this chapter available for public inspection;
        (2) on request, provide a copy, including a certified copy, of
      any instrument made available for public inspection under this
      chapter; and
        (3) on request, provide a certificate containing information
      included in an instrument filed or recorded under this chapter.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4740.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31302(1)                              46:927 (1st sentence)         
    31302(2)                              46:927 (2d sentence)          
    31302(3)                              New                           
    --------------------------------------------------------------------

      Section 31302(1) makes all instruments filed for recording or
    recorded with the Secretary of Transportation available for public
    inspection. The only substantive change to law made by this
    subsection is the inclusion of instruments filed for recording,
    which is in keeping with the new requirements on filing of
    instruments made in section 31321.
      Section 31302(2) requires the Secretary to provide the public
    with a certified copy of the material made available to the public
    under subsection (a). This subsection makes no substantive change
    to law.
      Section 31302(3) requires the Secretary, on request, to issue a
    certificate containing the information included in instruments on
    file, such as certificates of ownership.

-End-



-CITE-
    46 USC Sec. 31303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 31303. Certain civil actions not authorized

-STATUTE-
      If a mortgage covers a vessel and additional property that is not
    a vessel, this chapter does not authorize a civil action in rem to
    enforce the rights of the mortgagee under the mortgage against the
    additional property.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4740.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31303                                 46:954(b)                     
    --------------------------------------------------------------------

      Section 31303 makes it clear that, if a mortgage covers a vessel
    and additional property that is not a vessel, this chapter does not
    authorize a civil action in rem in admiralty to enforce rights
    against the additional property. This section makes no substantive
    change to law.

-End-



-CITE-
    46 USC Sec. 31304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 31304. Liability for noncompliance

-STATUTE-
      (a) If a person makes a contract secured by, or on the credit of,
    a vessel covered by a mortgage filed or recorded under this chapter
    and sustains a monetary loss because the mortgagor or the master or
    other individual in charge of the vessel does not comply with a
    requirement imposed on the mortgagor, master, or individual under
    this chapter, the mortgagor is liable for the loss.
      (b) A civil action may be brought to recover for losses referred
    to in subsection (a) of this section. The district courts have
    original jurisdiction of the action, regardless of the amount in
    controversy or the citizenship of the parties. If the plaintiff
    prevails, the court shall award costs and attorney fees to the
    plaintiff.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4740.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31304                                 46:941(c)                     
    --------------------------------------------------------------------

      Section 31304 imposes liability on the mortgagor if the
    mortgagor, master, or other individual in charge of the vessel does
    not comply with the statutory requirements. A civil action may be
    brought in a district court of the United States for losses
    incurred. If the plaintiff prevails, the court shall award costs
    and attorneys fees to the plaintiff. This section makes two
    substantive changes to law. First, is the broadening of its
    coverage from documented vessels covered by a preferred mortgage to
    any vessel covered by a mortgage that is filed or recorded under
    the chapter. The second substantive change repeals the liability on
    the United States Government for losses caused because the
    Secretary did not comply with statutory requirements. This is
    covered by the Federal Tort Claims Act due to the nondiscretionary
    responsibility of the Secretary.

-End-



-CITE-
    46 USC Sec. 31305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 31305. Waiver of lien rights

-STATUTE-
      This chapter does not prevent a mortgagee or other lien holder
    from waiving or subordinating at any time by agreement or otherwise
    the lien holder's right to a lien, the priority or, if a preferred
    mortgage lien, the preferred status of the lien.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4741.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31305                                 46:974                        
    --------------------------------------------------------------------

      Section 31305 provides for the waiver of lien rights by the
    mortgagee or a person performing or supplying necessaries. This
    section makes no substantive change to law and is included only
    because of a like provision in current law. Without this provision
    the Committee believes these waivers would be permissible as a
    matter of law as they do not violate any public policy and on their
    face reflect an arms length transaction between the parties. The
    inclusion of this provision should not raise the implication that a
    similar provision is required for other matters that may be
    waivable as a matter of law.

                           HOUSE FLOOR STATEMENT                       
      Section 31305 has been changed to clarify that the chapter does
    not prevent a mortgagee or other lien holder from waiving by
    contract the right to a lien, or the priority of that lien.

-End-



-CITE-
    46 USC Sec. 31306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 31306. Declaration of citizenship

-STATUTE-
      (a) Except as provided by the Secretary of Transportation, when
    an instrument transferring an interest in a vessel is presented to
    the Secretary for filing or recording, the transferee shall file
    with the instrument a declaration, in the form the Secretary may
    prescribe by regulation, stating information about citizenship and
    other information the Secretary may require to show the transaction
    involved does not violate section 56102 or 56103 of this title.
      (b) A declaration under this section filed by a corporation must
    be signed by its president, secretary, treasurer, or other official
    authorized by the corporation to execute the declaration.
      (c) Except as provided by the Secretary, an instrument
    transferring an interest in a vessel is not valid against any
    person until the declaration required by this section has been
    filed.
      (d) A person knowingly making a false statement of a material
    fact in a declaration filed under this section shall be fined under
    title 18, imprisoned for not more than 5 years, or both.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4741; Pub. L. 101-225, title III, Sec. 303(1), Dec. 12, 1989, 103
    Stat. 1923; Pub. L. 109-304, Sec. 15(27), Oct. 6, 2006, 120 Stat.
    1704.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31306                                 46:838                        
    --------------------------------------------------------------------

      Section 31306(a) requires that a person submitting an instrument
    transferring interest in a vessel to the Secretary for recording is
    also to file a declaration stating information about citizenship
    and other information to show that the transfer is not in violation
    of section 9 of the Shipping Act, or section 37 of that Act in a
    national emergency. This section makes no substantive change to
    law.
      Section 31306(b) requires that a declaration filed by a
    corporation must be signed by the president, secretary, treasurer,
    or other official authorized by the corporation to execute the
    declaration. This section makes no substantive change to law.
      Section 31306(c) invalidates any instrument transferring an
    interest until the declaration is filed. This section makes no
    substantive change to law.
      Section 31306(d) provides for a criminal penalty for a violation
    of this section. The amount of the fine is prescribed under title
    18, United States Code, and may include imprisonment for not more
    than 5 years, or both. This section makes no substantive change to
    law.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-304 substituted "section 56102 or
    56103 of this title" for "section 9 or 37 of the Shipping Act, 1916
    (46 App. U.S.C. 808, 835)".
      1989 - Subsec. (a). Pub. L. 101-225, Sec. 303(1)(A), substituted
    "Except as provided by the Secretary of Transportation, when" for
    "When" and "Secretary for filing" for "Secretary of Transportation
    for filing".
      Subsec. (c). Pub. L. 101-225, Sec. 303(1)(B), substituted "Except
    as provided by the Secretary, an" for "An".

-End-



-CITE-
    46 USC Sec. 31307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 31307. State statutes superseded

-STATUTE-
      This chapter supersedes any State statute conferring a lien on a
    vessel to the extent the statute establishes a claim to be enforced
    by a civil action in rem against the vessel for necessaries.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4741.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31307                                 46:975                        
    --------------------------------------------------------------------

      Section 31307 provides for preemption of State laws to the extent
    a claim for necessaries is enforced by a civil action in rem in
    admiralty against the vessel.

-End-



-CITE-
    46 USC Sec. 31308                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 31308. Secretary of Commerce or Transportation as mortgagee

-STATUTE-
      When the Secretary of Commerce or Transportation is a mortgagee
    under this chapter, the Secretary may foreclose on a lien arising
    from a right established under a mortgage under chapter 537 of this
    title, subject to section 362(b) of title 11.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4741; Pub. L. 101-595, title VI, Sec. 603(13), Nov. 16, 1990, 104
    Stat. 2993; Pub. L. 109-304, Sec. 15(28), Oct. 6, 2006, 120 Stat.
    1704.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31308                                 46:952 (last sentence)        
    --------------------------------------------------------------------

      Section 31308 allows the Secretary of Commerce or Transportation
    to foreclose on a lien arising from a right established under a
    mortgage under title XI of the Merchant Marine Act, 1936. This
    section makes no substantive change to law.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304 substituted "chapter 537 of this title"
    for "title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271
    et seq.)".
      1990 - Pub. L. 101-595 substituted "(46 App. U.S.C. 1271 et
    seq.)" for "(46 App. U.S.C. 1241 et seq.)".

-End-



-CITE-
    46 USC Sec. 31309                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 31309. General civil penalty

-STATUTE-
      Except as otherwise provided in this chapter, a person violating
    this chapter or a regulation prescribed under this chapter is
    liable to the United States Government for a civil penalty of not
    more than $10,000.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4741.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31309                                 New                           
    --------------------------------------------------------------------

      Section 31309 provides for a civil penalty of not more than
    $10,000 for a violation of this chapter or a regulation prescribed
    under this chapter.

-End-


-CITE-
    46 USC SUBCHAPTER II - COMMERCIAL INSTRUMENTS               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER II - COMMERCIAL INSTRUMENTS

-HEAD-
                  SUBCHAPTER II - COMMERCIAL INSTRUMENTS              

-End-



-CITE-
    46 USC Sec. 31321                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER II - COMMERCIAL INSTRUMENTS

-HEAD-
    Sec. 31321. Filing, recording, and discharge

-STATUTE-
      (a)(1) A bill of sale, conveyance, mortgage, assignment, or
    related instrument, whenever made, that includes any part of a
    documented vessel or a vessel for which an application for
    documentation is filed, must be filed with the Secretary of
    Transportation to be valid, to the extent the vessel is involved,
    against any person except - 
        (A) the grantor, mortgagor, or assignor;
        (B) the heir or devisee of the grantor, mortgagor, or assignor;
      and
        (C) a person having actual notice of the sale, conveyance,
      mortgage, assignment, or related instrument.

      (2) Each bill of sale, conveyance, mortgage, assignment, or
    related instrument that is filed in substantial compliance with
    this section is valid against any person from the time it is filed
    with the Secretary.
      (3) The parties to an instrument or an application for
    documentation shall use diligence to ensure that the parts of the
    instrument or application for which they are responsible are in
    substantial compliance with the filing and documentation
    requirements.
      (4) A bill of sale, conveyance, mortgage, assignment, or related
    instrument may be filed electronically under regulations prescribed
    by the Secretary.
      (b) To be filed, a bill of sale, conveyance, mortgage,
    assignment, or related instrument must - 
        (1) identify the vessel;
        (2) state the name and address of each party to the instrument;
        (3) state, if a mortgage, the amount of the direct or
      contingent obligations (in one or more units of account as agreed
      to by the parties) that is or may become secured by the mortgage,
      excluding interest, expenses, and fees;
        (4) state the interest of the grantor, mortgagor, or assignor
      in the vessel;
        (5) state the interest sold, conveyed, mortgaged, or assigned;
      and
        (6) be signed and acknowledged.

      (c) If a bill of sale, conveyance, mortgage, assignment, or
    related document is filed that involves a vessel for which an
    application for documentation is filed, and the Secretary decides
    that the vessel cannot be documented by an applicant - 
        (1) the Secretary shall send notice of the Secretary's
      decision, including reasons for the decision, to each interested
      party to the instrument filed for recording; and
        (2) 90 days after sending the notice as provided under clause
      (1) of this subsection, the Secretary - 
          (A) may terminate the filing; and
          (B) may return the instrument filed without recording it
        under subsection (e) of this section.

      (d) A person may withdraw an application for documentation of a
    vessel for which a mortgage has been filed under this section only
    if the mortgagee consents.
      (e) The Secretary shall - 
        (1) record the bills of sale, conveyances, mortgages,
      assignments, and related instruments of a documented vessel
      complying with subsection (b) of this section in the order they
      are filed; and
        (2) maintain appropriate indexes, for use by the public, of
      instruments filed or recorded, or both.

      (f) On full and final discharge of the indebtedness under a
    mortgage recorded under subsection (e)(1) of this section, a
    mortgagee, on request of the Secretary or mortgagor, shall provide
    the Secretary with an acknowledged certificate of discharge of the
    indebtedness in a form prescribed by the Secretary. The Secretary
    shall record the certificate.
      (g) The mortgage or related instrument of a vessel covered by a
    preferred mortgage under section 31322(d) of this title, that is
    later filed under this section at the time an application for
    documentation is filed, is valid under this section from the time
    the mortgage or instrument representing financing became a
    preferred mortgage under section 31322(d).
      (h) On full and final discharge of the indebtedness under a
    mortgage deemed to be a preferred mortgage under section 31322(d)
    of this title, a mortgagee, on request of the Secretary, a State,
    or mortgagor, shall provide the Secretary or the State, as
    appropriate, with an acknowledged certificate of discharge of the
    indebtedness in a form prescribed by the Secretary or the State, as
    applicable. If filed with the Secretary, the Secretary shall enter
    that information in the vessel identification system under chapter
    125 of this title.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4741; Pub. L. 101-225, title III, Sec. 303(2), Dec. 12, 1989, 103
    Stat. 1923; Pub. L. 104-324, title III, Sec. 305, Oct. 19, 1996,
    110 Stat. 3918; Pub. L. 107-295, title IV, Sec. 420, Nov. 25, 2002,
    116 Stat. 2124.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31321(a)(1)                           46:921(a)                     
    31321(a)(2)                           46:1012                       
    31321(a)(3)                           New                           
    31321(b)                              46:926(a), (b)                
    31321(c), (d)                         New                           
    31321(e)                              46:921(b)                     
    31321(f)                              46:925(b)                     
    31321(g)                              New                           
    31321(h)                              46:925(b)                     
    --------------------------------------------------------------------

      Section 31321(a)(1) provides for the filing of a bill of sale,
    conveyance, mortgage, assignment, or related instrument of a
    vessel. This subsection makes substantive changes to law. The bill
    would allow a bill of sale, conveyance, mortgage, assignment, or
    related instrument to be filed at the same time an application for
    documentation under chapter 121 is filed. The Committee intends
    that the types of related instruments required to be filed be
    defined by regulations prescribed by the Secretary of
    Transportation. A major change the bill makes is that the
    instrument needs only be filed with the Secretary of Transportation
    to be valid. It is not necessary that it be recorded. This change
    is being made to eliminate a problem under existing law that
    prevents a person from recording an instrument when the vessel has
    not been yet documented. When filed with the Secretary, it is valid
    (to the extent the vessel is involved) against any person except
    the grantor, mortgagor, or assignor, their heirs or devisees, and a
    person having actual notice of that instrument. Clauses (A)-(C)
    make no substantive change to law.
      Paragraph (2) provides that each bill of sale, conveyance,
    mortgage, assignment, or related instrument that is filed in
    substantial compliance with the requirements of this section is
    valid against any person from the time it is filed with the
    Secretary.
      Paragraph (3) provides that it is the responsibility of the
    parties to an instrument to use diligence to ensure that the
    particulars of a filed instrument for which they are responsible
    are in substantial compliance. It is not the responsibility of the
    Secretary to validate the information in the instrument. If an
    instrument is later found to be invalid because it is not in
    substantial compliance, and the parties lose the benefits of a
    preferred mortgage, it is their fault, not the Secretary's.
      Section 31321(b) sets out the requirements that an instrument
    must meet to be properly filed. To be filed the instruments must:
    (1) identify the vessel; (2) state the name and address of each
    party to the instrument; (3) state, if a mortgage, the amount of
    the direct or contingent obligations (in one or more units of
    account as agreed to by the parties) that is or may become secured
    by the mortgage, excluding interest, expenses, and fees; (4) state
    the interest of the grantor, mortgagor, or assignor; (5) state the
    interest sold, conveyed, mortgaged, or assigned; and (6) be signed
    and acknowledged. While most of these items are required under
    current law to be included in the index, and therefore required to
    be submitted to the Secretary to be recorded, this subsection makes
    a number of substantive changes to law. First, while vessel names
    are currently required to be submitted, this requirement has been
    broadened so that hull identification numbers and official numbers
    can be used to more specifically identify a vessel (since many
    vessels have the same name). Second, it requires the mortgage to
    state the maximum amount of the obligation, including principal,
    interest, fees, etc., that are secured by the mortgage. It also
    clarifies that the mortgage obligation may be payable in more than
    one unit of account, such as yen, franc, or special drawing right.
    Third, it recognizes that under some modern financing practices an
    instrument may not have a date of maturity. The requirement for
    supplying the date of maturity has been eliminated.
      Section 31321(c) provides that if an instrument filed involves a
    vessel that has not yet been documented, and the Secretary decides
    that the vessel cannot be documented by the applicant, then the
    Secretary shall send notice of that denial to the parties,
    including the reasons for the Secretary's decision. If the parties
    have not corrected the deficiencies within 90 days, the Secretary
    may terminate the filing and return the instruments. This
    invalidates the instruments.
      Section 31321(d) prohibits a person from withdrawing an
    application for documentation of a vessel for which a mortgage has
    been filed unless the mortgagee consents. Since the withdrawal will
    invalidate the mortgage, the mortgagee should be allowed to
    prohibit the withdrawal.
      Section 31321(e) makes a substantive change to law. It requires
    the Secretary to record instruments in the order they are received
    for filing, not in the order in which they were received for
    recording. It also makes a substantive change by eliminating the
    specific indexes required under the law and substituting a general
    requirement for the Secretary to maintain indexes of instruments
    filed or recorded, or both, for use by the public. These indexes,
    prescribed by regulations, must be in keeping with U.S. obligations
    under treaties to which the United States is a party. Since section
    104 [105] of this Act makes the existing rules and regulations
    applicable under this subsection, the current indexing system will
    be maintained that includes the names of the vessels; names of the
    parties to the instruments; time and date each instrument was
    received; the interest in the vessel that was sold, conveyed,
    mortgaged, or assigned; and the date of the maturity of the
    mortgage, if any. However, it allows the Secretary by regulation to
    automate the system with computers, as long as the new system
    provides the public with an adequate method of finding and
    examining these public records.
      Section 31321(f) makes a substantive change to law by eliminating
    the requirement that a partial discharge of indebtedness be filed
    with the Secretary. The bill requires that on the full and final
    discharge of indebtedness the mortgagee, on request of the
    Secretary or mortgagor, shall provide the Secretary with a written,
    acknowledged certificate of discharge of the indebtedness. This
    subsection also makes a substantive change by requiring that the
    mortgagee, not the mortgagor, provide the certificate of discharge.
    The Secretary shall then record the certificate. However, this does
    not prohibit a person from submitting a certificate of discharge
    under subsection (a) since it is a related instrument. This
    subsection also makes a substantive change to law by eliminating
    the requirement that the discharge be endorsed on the vessel's
    certificate of documentation, and that the Customs Service only may
    clear a vessel after an endorsement has been made. This change is
    made because of the elimination of endorsements under section
    31322.

                           HOUSE FLOOR STATEMENT                       
      Section 31321 has been changed to clarify that a mortgage,
    whenever made, must be filed to be valid against third parties.
    This clarification allows mortgage closings to occur previous to
    filing of an instrument, and to eliminate the need for a fictional
    simultaneous closing and filing.
      Subsection (g) clarifies that if an application for documentation
    is filed for a vessel covered by a preferred mortgage under section
    31322(d) (as enacted by this Act), the preferred mortgage must be
    filed with the Secretary at the same time the application for
    documentation is filed to be valid against third parties. If the
    preferred mortgage is filed with the Secretary at the time the
    documentation application is filed, it is valid from the time it
    became a preferred mortgage under section 31322(d).
      When a State preferred mortgage under section 31322(d) is finally
    discharged, subsection (h) of this section requires the mortgagee
    to provide upon request to the Secretary or a State, whichever is
    more appropriate, an acknowledged certificate of discharge of
    indebtedness. This is necessary when a vessel in the system moves
    from a participating titling State and is not retitled in another
    participating State. In this case, there is no way to update the
    status of the indebtedness through the original titling State. The
    Secretary is required to accept this information to be maintained
    in the vessel identification system under section 12503(c) of title
    46 (as enacted by this Act).

                                AMENDMENTS                            
      2002 - Subsec. (a)(4) Pub. L. 107-295 struck out subpar. (A)
    designation before "A bill of sale" and subpar. (B) which read as
    follows: "A filing made electronically under subparagraph (A) shall
    not be effective after the 10-day period beginning on the date of
    the filing unless the original instrument is provided to the
    Secretary within that 10-day period."
      1996 - Subsec. (a). Pub. L. 104-324 added par. (4).
      1989 - Subsec. (c). Pub. L. 101-225 substituted "for which an
    application for documentation is filed" for "that has not yet been
    documented" in introductory provisions and "interested party to"
    for "party whose name and address is stated on" in par. (1).

                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1989, not to affect any civil action
    filed before that date, and, insofar as applicable to vessels for
    which an application for documentation has been filed, effective
    Jan. 1, 1990, with further provision for an instrument filed before
    Jan. 1, 1989, but not recorded before that date, and with other
    qualifications, see section 107 of Pub. L. 100-710, set out as a
    note under section 31301 of this title.

-End-



-CITE-
    46 USC Sec. 31322                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER II - COMMERCIAL INSTRUMENTS

-HEAD-
    Sec. 31322. Preferred mortgages

-STATUTE-
      (a) A preferred mortgage is a mortgage, whenever made, that - 
        (1) includes the whole of the vessel;
        (2) is filed in substantial compliance with section 31321 of
      this title;
        (3)(A) covers a documented vessel; or
        (B) covers a vessel for which an application for documentation
      is filed that is in substantial compliance with the requirements
      of chapter 121 of this title and the regulations prescribed under
      that chapter; and
        (4) with respect to a vessel with a fishery endorsement that is
      100 feet or greater in registered length, has as the mortgagee - 
          (A) a person eligible to own a vessel with a fishery
        endorsement under section 12113(c) of this title;
          (B) a state (!1) or federally chartered financial institution
        that is insured by the Federal Deposit Insurance Corporation;

          (C) a farm credit lender established under title 12, chapter
        23 of the United States Code;
          (D) a commercial fishing and agriculture bank established
        pursuant to State law;
          (E) a commercial lender organized under the laws of the
        United States or of a State and eligible to own a vessel for
        purposes of documentation under section 12103 of this title; or
          (F) a mortgage trustee under subsection (f) of this section.

      (b) Any indebtedness secured by a preferred mortgage that is
    filed or recorded under this chapter, or that is subject to a
    mortgage, security agreement, or instruments granting a security
    interest that is deemed to be a preferred mortgage under subsection
    (d) of this section, may have any rate of interest to which the
    parties agree.
      (c)(1) If a preferred mortgage includes more than one vessel or
    property that is not a vessel, the mortgage may provide for the
    separate discharge of each vessel and all property not a vessel by
    the payment of a part of the mortgage indebtedness.
      (2) If a vessel covered by a preferred mortgage that includes
    more than one vessel or property that is not a vessel is to be sold
    on the order of a district court in a civil action in rem, and the
    mortgage does not provide for separate discharge as provided under
    paragraph (1) of this subsection - 
        (A) the mortgage constitutes a lien on that vessel in the full
      amount of the outstanding mortgage indebtedness; and
        (B) an allocation of mortgage indebtedness for purposes of
      separate discharge may not be made among the vessel and other
      property covered by the mortgage.

      (d)(1) A mortgage, security agreement, or instrument granting a
    security interest perfected under State law covering the whole of a
    vessel titled in a State is deemed to be a preferred mortgage if - 
        (A) the Secretary certifies that the State titling system
      complies with the Secretary's guidelines for a titling system
      under section 13107(b)(8) of this title; and
        (B) information on the vessel covered by the mortgage, security
      agreement, or instrument is made available to the Secretary under
      chapter 125 of this title.

      (2) This subsection applies to mortgages, security agreements, or
    instruments covering vessels titled in a State after - 
        (A) the Secretary's certification under paragraph (1)(A) of
      this subsection; and
        (B) the State begins making information available to the
      Secretary under chapter 125 of this title.

      (3) A preferred mortgage under this subsection continues to be a
    preferred mortgage even if the vessel is no longer titled in the
    State where the mortgage, security agreement, or instrument
    granting a security interest became a preferred mortgage under this
    subsection.
      (e) If a vessel is already covered by a preferred mortgage when
    an application for titling or documentation is filed - 
        (1) the status of the preferred mortgage covering the vessel to
      be titled in the State is determined by the law of the
      jurisdiction where the vessel is currently titled or documented;
      and
        (2) the status of the preferred mortgage covering the vessel to
      be documented under chapter 121 is determined by subsection (a)
      of this section.

      (f)(1) A mortgage trustee may hold in trust, for an individual or
    entity, an instrument or evidence of indebtedness, secured by a
    mortgage of the vessel to the mortgage trustee, provided that the
    mortgage trustee - 
        (A) is eligible to be a preferred mortgagee under subsection
      (a)(4), subparagraphs (A)-(E) of this section;
        (B) is organized as a corporation, and is doing business, under
      the laws of the United States or of a State;
        (C) is authorized under those laws to exercise corporate trust
      powers;
        (D) is subject to supervision or examination by an official of
      the United States Government or a State;
        (E) has a combined capital and surplus (as stated in its most
      recent published report of condition) of at least $3,000,000; and
        (F) meets any other requirements prescribed by the Secretary.

      (2) If the beneficiary under the trust arrangement is not a
    commercial lender, a lender syndicate or eligible to be a preferred
    mortgagee under subsection (a)(4), subparagraphs (A)-(E) of this
    section, the Secretary must determine that the issuance,
    assignment, transfer, or trust arrangement does not result in an
    impermissible transfer of control of the vessel to a person not
    eligible to own a vessel with a fishery endorsement under section
    12113(c) of this title.
      (3) A vessel with a fishery endorsement may be operated by a
    mortgage trustee only with the approval of the Secretary.
      (4) A right under a mortgage of a vessel with a fishery
    endorsement may be issued, assigned, or transferred to a person not
    eligible to be a mortgagee of that vessel under this section only
    with the approval of the Secretary.
      (5) The issuance, assignment, or transfer of an instrument or
    evidence of indebtedness contrary to this subsection is voidable by
    the Secretary.
      (g) For purposes of this section a "commercial lender" means an
    entity primarily engaged in the business of lending and other
    financing transactions with a loan portfolio in excess of
    $100,000,000, of which not more than 50 per centum in dollar amount
    consists of loans to borrowers in the commercial fishing industry,
    as certified to the Secretary by such lender.
      (h) For purposes of this section a "lender syndicate" means an
    arrangement established for the combined extension of credit of not
    less than $20,000,000 made up of four or more entities that each
    have a beneficial interest, held through an agent, under a trust
    arrangement established pursuant to subsection (f), no one of which
    may exercise powers thereunder without the concurrence of at least
    one other unaffiliated beneficiary.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4743; Pub. L. 101-225, title III, Sec. 303(3), Dec. 12, 1989, 103
    Stat. 1923; Pub. L. 104-324, title XI, Sec. 1113(a), Oct. 19, 1996,
    110 Stat. 3970; Pub. L. 105-277, div. C, title II, Sec. 202(b),
    Oct. 21, 1998, 112 Stat. 2681-618; Pub. L. 105-383, title IV, Sec.
    401(c)(1)-(4), Nov. 13, 1998, 112 Stat. 3425; Pub. L. 106-31, title
    III, Sec. 3027(a)(1), May 21, 1999, 113 Stat. 101; Pub. L. 107-20,
    title II, Sec. 2202(b), (c), July 24, 2001, 115 Stat. 168, 169;
    Pub. L. 109-304, Secs. 15(29), 16(c)(7), Oct. 6, 2006, 120 Stat.
    1704, 1706.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31322(a)(1)                           46:922(a), (b)                
    31322(a)(2)                           New                           
    31322(b)                              46:926(d)                     
    31322(c)(1)                           46:922(e)                     
    31322(c)(2)                           46:922(f)                     
    31322(d), (e)                         New                           
    --------------------------------------------------------------------

      Section 31322 sets out the conditions that must be met for a
    mortgage to be considered a preferred mortgage, and the types of
    endorsements that the Secretary must make on any certificate of
    documentation of a vessel that is to be covered by a preferred
    mortgage.
      Subsection (a)(1) makes many substantive changes to law. While a
    preferred mortgage must still include the whole of a vessel, this
    subsection eliminates the exception of certain vessels under 25
    gross tons. It allows a vessel for which an application for
    documentation has been filed to have a preferred mortgage. It
    allows a mortgage to be a preferred mortgage from the time all four
    conditions are met, rather than from when the vessel is finally
    documented. Therefore, a mortgage will usually attain its preferred
    status when the application for documentation and the instrument
    have been filed. This subsection changes the requirement that all
    documented vessels have as a mortgagee a person that is a citizen
    of the United States, as defined in section 2 of the Shipping Act,
    1916, and allows a State, the United States Government, a federally
    insured depository institution, or any other person approved by the
    Secretary to be a mortgagee.
      Subsection (a)(2) makes a substantive change to law exempting
    fishing, fish processing, and fish tender vessels, and vessels
    operated only for pleasure from the mortgagee restrictions, since
    these vessels do not have significant national defense use.
      Subsection (b) permits a preferred mortgage to have any rate of
    interest that is agreeable to the parties to the mortgage. This
    subsection makes no substantive change to law.
      Subsection (c)(1) applies to a mortgage that covers more than one
    vessel or additional property that is not a vessel. This subsection
    allows a preferred mortgage to include a separate discharge of the
    additional vessels and property.
      Subsection (c)(2) applies when a preferred mortgage covers more
    than one vessel, does not provide for the separate discharge of a
    vessel, and is to be sold by court order. The amount of the
    mortgage indebtedness attributable to a vessel is that part of the
    indebtedness, increased by 20 percent, that the court determines
    approximates the value that the particular vessel bears to the
    value of all the vessels and property covered by the mortgage. In
    other words, the amount to be set by the court is the estimated
    value of the one vessel plus 20 percent of that value to assure
    sufficiency of collateral.
      This section also makes a substantive change by eliminating the
    requirement that a vessel's certificate of documentation be
    endorsed with information from the mortgage. This change is made
    since most of the information is out of date when examined, and
    since a mortgage must be carried on self-propelled vessels under
    section 31324(b). This section also eliminates the requirement for
    the inclusion of an affidavit of good faith. However, both criminal
    and civil penalties have been added [in section 31330] to help
    ensure that there is not fraud. This section also eliminates the
    requirement that a preferred mortgage include a separate discharge
    for additional property that is not a vessel, the requirement that
    the mortgage does not stipulate that the mortgagee waives the
    mortgage's preferred status; and the requirement for clearing
    vessels with endorsed documents through Customs.

                           HOUSE FLOOR STATEMENT                       
      Under section 31322(a)(2) a "vessel operated only for pleasure"
    is exempt from any restrictions on who can be a mortgagee. This
    standard is the same as used for the documentation of a
    recreational vessel under section 12109 of title 46. The Committee
    intends that vessels that have a recreational vessel license, or
    combined fisheries and recreational license, fall under this
    exemption. However, if the vessel has a Coastwise License, Great
    Lakes License, or Registry combined with a Recreational License,
    the vessel would not fall under this exemption.
      Under subsection (c)(2), if a vessel covered by a preferred
    mortgage that includes more than one vessel or property that is not
    a vessel is to be sold on the order of a district court in rem, and
    there is not a separate discharge, then the mortgage constitutes a
    lien on that vessel in the full amount of the outstanding mortgage
    indebtedness, and an allocation of mortgage indebtedness for
    purposes of a separate discharge may not be made. This change is
    made to eliminate the formula that did not work and to allow the
    vessel to be sold free and clear, regardless of the amount of the
    sale.
      Under subsection (d) of section 31322, a mortgage or other
    instrument representing financing of a vessel under State law that
    is made under applicable State law and covers the whole of a vessel
    titled in a State is deemed to be a preferred mortgage if two
    conditions are fulfilled. The first condition is that the Secretary
    must certify that the State in which the vessel is titled has a
    titling system that complies with the Secretary's vessel titling
    guidelines established under section 13106(b)(8) of title 46.
    Congress mandated the promulgation of these guidelines in the
    Recreational Boating Safety Act of 1986, Public Law 99-626. The
    second condition is that the State in which the vessel is titled
    must make information available to the Secretary for the vessel
    identification system established under chapter 125 of title 46 (as
    enacted by this Act) on the vessel covered by the mortgage or other
    instrument. This status only applies to vessels titled in the State
    after those two conditions are met. The phrase "instrument
    representing financing of a vessel under State law" is used in
    addition to "mortgage" because State laws do not always use the
    term mortgage when referring to financing. It is intended, however,
    that the financing covered by this phrase would be the same as that
    covered by the concept of a mortgage under other Federal law.
      Paragraph (2) of subsection (d) clarifies that mortgages or other
    financing instruments may obtain preferred status under subsection
    (d) if they cover vessels titled in a State after the Secretary
    certifies the compliance of the State's titling system, and the
    State begins making vessel identification information available to
    the Secretary. Preferred mortgage status can only be attained when
    these two conditions are in effect. Mortgages or financing
    instruments made prior to that are not preferred and, if these two
    conditions cease to exist, new mortgages or forecasting instruments
    made after that time cannot attain preferred status.
      The law of the titling State controls the making of the preferred
    mortgage or financing instrument under this subsection. No
    additional Federal recording requirements may be imposed for the
    mortgage or instrument to obtain preferred status under this
    subsection.
      Paragraph (3) of this subsection ensures that a preferred
    mortgage under this subsection retains that status if the vessel
    covered by the mortgage later relinquishes its title. If the vessel
    is subsequently documented, the continuing validity of the mortgage
    is determined by section 31321(g) (as enacted by this Act).
      Subsection (e) of section 31322 clarifies the validity of
    preferred mortgages made under subsection (d). In the case of a
    State titled vessel covered by a preferred mortgage for which a new
    titling application is filed, the validity of the mortgage is
    governed by the law of the titling State in which the mortgage
    became preferred. In the case of a documented vessel covered by a
    preferred mortgage for which an application for a State title is
    filed, or a State titled vessel covered by a preferred mortgage for
    which an application for documentation is filed, the validity of
    the preferred mortgage is governed by section 31322(a) of title 46
    (as enacted by this Act).
      Information on vessels with preferred mortgages made under State
    law will be available to creditors from the vessel identification
    system under chapter 125 of title 46 (as enacted by this Act).

                                AMENDMENTS                            
      2006 - Subsec. (a)(4)(A). Pub. L. 109-304, Sec. 15(29)(A),
    substituted "section 12113(c)" for "section 12102(c)".
      Subsec. (a)(4)(E). Pub. L. 109-304, Sec. 15(29)(B), substituted
    "for purposes of documentation under section 12103" for "under
    section 12102(a)".
      Subsec. (d)(1)(A). Pub. L. 109-304, Sec. 16(c)(7), substituted
    "section 13107(b)(8)" for "section 13106(b)(8)".
      Subsec. (f)(2). Pub. L. 109-304, Sec. 15(29)(C), substituted
    "section 12113(c)" for "section 12102(c)".
      2001 - Subsec. (a)(4)(B) to (F). Pub. L. 107-20, Sec. 2202(b),
    added subpars. (B) to (F) and struck out former subpars. (B) and
    (C) which read as follows:
      "(B) a state or federally chartered financial institution that
    satisfies the controlling interest criteria of section 2(b) of the
    Shipping Act, 1916 (46 U.S.C. 802(b));
      "(C) a person that complies with the provisions of section
    12102(c)(4) of this title."
      Subsecs. (f) to (h). Pub. L. 107-20, Sec. 2202(c), added subsecs.
    (f) to (h).
      1999 - Subsec. (a)(4). Pub. L. 106-31 made technical amendment to
    directory language of Pub. L. 105-277, Sec. 202(b). See 1998
    Amendment note below.
      1998 - Subsec. (a)(4). Pub. L. 105-277, Sec. 202(b), as amended
    by Pub. L. 106-31, added par. (4).
      Subsec. (b). Pub. L. 105-383, Sec. 401(c)(1), added subsec. (b)
    and struck out former subsec. (b) which read as follows: "A
    preferred mortgage filed or recorded under this chapter may have
    any rate of interest that the parties to the mortgage agree to."
      Subsec. (d)(1). Pub. L. 105-383, Sec. 401(c)(2), substituted
    "mortgage, security agreement, or instrument" for "mortgage or
    instrument" in introductory provisions and subpar. (B).
      Subsec. (d)(2). Pub. L. 105-383, Sec. 401(c)(4), substituted
    "mortgages, security agreements, or instruments" for "mortgages or
    instruments" in introductory provisions.
      Subsec. (d)(3). Pub. L. 105-383, Sec. 401(c)(3), added par. (3)
    and struck out former par. (3) which read as follows: "A preferred
    mortgage under this subsection continues to be a preferred mortgage
    if the vessel is no longer titled in the State where the mortgage
    was made."
      1996 - Subsec. (a). Pub. L. 104-324 amended subsec. (a)
    generally. Prior to amendment, subsec. (a) consisted of 2 pars.
    with substantially similar provisions defining a preferred mortgage
    except that it included a mortgage with a State, the United States
    Government, a federally insured depository institution, or
    specified individual as mortgagee.
      1989 - Subsec. (a)(2). Pub. L. 101-225, Sec. 303(3)(A), amended
    par. (2) generally. Prior to amendment, par. (2) read as follows:
    "Paragraph (1)(D) of this subsection does not apply to a vessel
    operated only as a fishing vessel, fish processing vessel, or a
    fish tender vessel (as defined in section 2101 of this title) or to
    a vessel operated only for pleasure."
      Subsec. (d)(1). Pub. L. 101-225, Sec. 303(3)(B), substituted
    "granting a security interest perfected under State law" for
    "representing financing of a vessel under State law that is made
    under applicable State law".
      Subsec. (e). Pub. L. 101-225, Sec. 303(3)(C), substituted "the
    status of the preferred mortgage" for "the validity of the
    preferred mortgage" in pars. (1) and (2).

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-20, title II, Sec. 2202(d), July 24, 2001, 115 Stat.
    170, provided that: "Section 31322 of title 46, United States Code
    as amended in this section, and as amended by section 202(b) of the
    American Fisheries Act (Public Law 105-277, division C, title II)
    shall not take effect until April 1, 2003, nor shall the Secretary
    of Transportation, in determining whether a vessel owner complies
    with the requirements of section 12102(c) of title 46, United
    States Code [now 46 U.S.C. 12113(b)(2) to (d)], consider the
    citizenship status of a lender, in its capacity as a lender with
    respect to that vessel owner, until after April 1, 2003."

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-277, div. C, title II, Sec. 203(a), Oct. 21, 1998,
    112 Stat. 2681-619, provided that: "The amendments made by section
    202 [amending this section and former section 12102 of this title]
    shall take effect on October 1, 2001."

                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1989, not to affect any civil action
    filed before that date, and, insofar as applicable to vessels for
    which an application for documentation has been filed, effective
    Jan. 1, 1990, with other exceptions and qualifications, see section
    107 of Pub. L. 100-710, set out as a note under section 31301 of
    this title.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    46 USC Sec. 31323                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER II - COMMERCIAL INSTRUMENTS

-HEAD-
    Sec. 31323. Disclosing and incurring obligations before executing
      preferred mortgages

-STATUTE-
      (a) On request of the mortgagee and before executing a preferred
    mortgage, the mortgagor shall disclose in writing to the mortgagee
    the existence of any obligation known to the mortgagor on the
    vessel to be mortgaged.
      (b) After executing a preferred mortgage and before the mortgagee
    has had a reasonable time to file the mortgage, the mortgagor may
    not incur, without the consent of the mortgagee, any contractual
    obligation establishing a lien on the vessel except a lien for - 
        (1) wages of a stevedore when employed directly by a person
      listed in section 31341 of this title;
        (2) wages for the crew of the vessel;
        (3) general average; or
        (4) salvage, including contract salvage.

      (c) On conviction of a mortgagor under section 31330(a)(1)(A) or
    (B) of this title for violating this section, the mortgage
    indebtedness, at the option of the mortgagee, is payable
    immediately.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4744.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31323(a)                              46:924(1)                     
    31323(b)                              46:924(2)                     
    31323(c)                              46:941(b) (last sentence)     
    --------------------------------------------------------------------

      Section 31323(a) requires the mortgagor to disclose any
    obligations on the vessel before executing a preferred mortgage.
    This subsection makes no substantive change to law.
      Section 31323(b) provides that, after executing a preferred
    mortgage, the mortgagor may not incur, without consent of the
    mortgagee, any contractual obligations establishing a lien on the
    vessel - except a lien for stevedore wages, crew wages, general
    average, and salvage. The only substantive change to law made by
    this subsection is that the reasonable time to record a mortgage is
    changed to a reasonable time to file the mortgage, and the
    elimination of the reference to endorsements. These changes are in
    keeping with the changes made in section 31322.
      Section 31323(c) provides that if a mortgagor is convicted of a
    violation of this section, then the mortgage indebtedness, at the
    option of the mortgagee, is payable immediately. This subsection
    makes no substantive change to law.

-End-



-CITE-
    46 USC Sec. 31324                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER II - COMMERCIAL INSTRUMENTS

-HEAD-
    Sec. 31324. Retention and examination of mortgages of vessels
      covered by preferred mortgages

-STATUTE-
      (a) On request, the owner, master, or individual in charge of a
    vessel covered by a preferred mortgage shall permit a person to
    examine the mortgage if the person has business with the vessel
    that may give rise to a maritime lien or the sale, conveyance,
    mortgage, or assignment of a mortgage of the vessel.
      (b) A mortgagor of a preferred mortgage covering a self-propelled
    vessel shall use diligence in keeping a certified copy of the
    mortgage on the vessel.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4744.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31324                                 46:923                        
    --------------------------------------------------------------------

      Section 31324(a) provides for examination of mortgages of a
    vessel that is covered by a preferred mortgage by persons that have
    business with the vessel that may give rise to a maritime lien or
    the sale, conveyance, mortgage, or assignment of the mortgage. This
    subsection makes no substantive change to law.
      Section 31324(b) requires that a certified copy of the mortgage
    must be on board a self-propelled vessel. This subsection makes no
    substantive change to law.

-End-



-CITE-
    46 USC Sec. 31325                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER II - COMMERCIAL INSTRUMENTS

-HEAD-
    Sec. 31325. Preferred mortgage liens and enforcement

-STATUTE-
      (a) A preferred mortgage is a lien on the mortgaged vessel in the
    amount of the outstanding mortgage indebtedness secured by the
    vessel.
      (b) On default of any term of the preferred mortgage, the
    mortgagee may - 
        (1) enforce the preferred mortgage lien in a civil action in
      rem for a documented vessel, a vessel to be documented under
      chapter 121 of this title, a vessel titled in a State, or a
      foreign vessel;
        (2) enforce a claim for the outstanding indebtedness secured by
      the mortgaged vessel in - 
          (A) a civil action in personam in admiralty against the
        mortgagor, maker, comaker, or guarantor for the amount of the
        outstanding indebtedness or any deficiency in full payment of
        that indebtedness; and
          (B) a civil action against the mortgagor, maker, comaker, or
        guarantor for the amount of the outstanding indebtedness or any
        deficiency in full payment of that indebtedness; and

        (3) enforce the preferred mortgage lien or a claim for the
      outstanding indebtedness secured by the mortgaged vessel, or
      both, by exercising any other remedy (including an extrajudicial
      remedy) against a documented vessel, a vessel for which an
      application for documentation is filed under chapter 121 of this
      title, a vessel titled in a State, a foreign vessel, or a
      mortgagor, maker, comaker, or guarantor for the amount of the
      outstanding indebtedness or any deficiency in full payment of
      that indebtedness, if - 
          (A) the remedy is allowed under applicable law; and
          (B) the exercise of the remedy will not result in a violation
        of section 56101 or 56102 of this title.

      (c) The district courts have original jurisdiction of a civil
    action brought under subsection (b)(1) or (2) of this section.
    However, for a documented vessel, a vessel to be documented under
    chapter 121 of this title, a vessel titled in a State, or a foreign
    vessel, this jurisdiction is exclusive of the courts of the States
    for a civil action brought under subsection (b)(1) of this section.
      (d)(1) Actual notice of a civil action brought under subsection
    (b)(1) of this section, or to enforce a maritime lien, must be
    given in the manner directed by the court to - 
        (A) the master or individual in charge of the vessel;
        (B) any person that recorded under section 31343(a) or (d) of
      this title an unexpired notice of a claim of an undischarged lien
      on the vessel; and
        (C) a mortgagee of a mortgage filed or recorded under section
      31321 of this title that is an undischarged mortgage on the
      vessel.

      (2) Notice under paragraph (1) of this subsection is not required
    if, after search satisfactory to the court, the person entitled to
    the notice has not been found in the United States.
      (3) Failure to give notice required by this subsection does not
    affect the jurisdiction of the court in which the civil action is
    brought. However, unless notice is not required under paragraph (2)
    of this subsection, the party required to give notice is liable to
    the person not notified for damages in the amount of that person's
    interest in the vessel terminated by the action brought under
    subsection (b)(1) of this section. A civil action may be brought to
    recover the amount of the terminated interest. The district courts
    have original jurisdiction of the action, regardless of the amount
    in controversy or the citizenship of the parties. If the plaintiff
    prevails, the court may award costs and attorney fees to the
    plaintiff.
      (e) In a civil action brought under subsection (b)(1) of this
    section - 
        (1) the court may appoint a receiver and authorize the receiver
      to operate the mortgaged vessel and shall retain in rem
      jurisdiction over the vessel even if the receiver operates the
      vessel outside the district in which the court is located; and
        (2) when directed by the court, a United States marshal may
      take possession of a mortgaged vessel even if the vessel is in
      the possession or under the control of a person claiming a
      possessory common law lien.

      (f)(1) Before title to the documented vessel or vessel for which
    an application for documentation is filed under chapter 121 is
    transferred by an extrajudicial remedy, the person exercising the
    remedy shall give notice of the proposed transfer to the Secretary,
    to the mortgagee of any mortgage on the vessel filed in substantial
    compliance with section 31321 of this title before notice of the
    proposed transfer is given to the Secretary, and to any person that
    recorded an unexpired notice of a claim of an undischarged lien on
    the vessel under section 31343(a) or (d) of this title before
    notice of the proposed transfer is given to the Secretary.
      (2) Failure to give notice as required by this subsection shall
    not affect the transfer of title to a vessel. However, the rights
    of any holder of a maritime lien or a preferred mortgage on the
    vessel shall not be affected by a transfer of title by an
    extrajudicial remedy exercised under this section, regardless of
    whether notice is required by this subsection or given.
      (3) The Secretary shall prescribe regulations establishing the
    time and manner for providing notice under this subsection.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4745; Pub. L. 101-225, title III, Sec. 303(4), Dec. 12, 1989, 103
    Stat. 1923; Pub. L. 104-324, title XI, Sec. 1124(a), (b), Oct. 19,
    1996, 110 Stat. 3980; Pub. L. 105-383, title IV, Sec. 401(c)(5)-
    (7), Nov. 13, 1998, 112 Stat. 3425; Pub. L. 107-295, title II,
    Sec. 205(b), Nov. 25, 2002, 116 Stat. 2096; Pub. L. 109-304, Sec.
    15(30), Oct. 6, 2006, 120 Stat. 1704.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31325(a)                              46:951 (1st sentence)         
    31325(b)(1)                           46:951 (2d sentence)          
    31325(b)(2)                           46:954(a)                     
    31325(b)(3)                           New                           
    31325(c)                              46:951 (3d sentence)          
    31325(d)                              46:951 (4th to 6th sentences) 
    31325(e)                              46:952 (1st, 2d sentences)    
    --------------------------------------------------------------------

      Section 31325 provides for the enforcement of a preferred
    mortgage lien.
      Section 31325(a) makes a "preferred mortgage" a lien on the
    vessel in the amount of the mortgage indebtedness secured by the
    vessel outstanding at foreclosure. This subsection makes no
    substantive change to law.
      Section 31325(b) provides that, on default of any term, the
    mortgagee may enforce the preferred mortgage lien in a civil action
    in rem, or in personam in admiralty against the mortgagor, comaker,
    or guarantor for the amount of the outstanding indebtedness secured
    by the vessel or any deficiency in paying off that indebtedness.
    This subsection makes a substantive change to law by allowing a
    nonadmiralty civil action to be brought against the mortgagor,
    comaker, or guarantor for the amount of the outstanding
    indebtedness secured by the vessel or any deficiency in paying off
    that indebtedness. This change allows an action to be brought even
    when the vessel is outside U.S. jurisdiction. This section will
    also allow the action to be brought against the comaker or
    guarantor of the mortgage.
      Section 31325(c) provides for original and exclusive jurisdiction
    by a district court, to the exclusion of the courts of a State for
    civil actions brought in rem. It also provides for original
    jurisdiction for civil actions brought in personam in admiralty and
    civil actions brought under subsection (b)(3). This subsection
    makes a substantive change to law by broadening the jurisdiction to
    courts in the territories, as defined in section 31301, as well as
    giving original jurisdiction to the district courts in nonadmiralty
    civil actions brought to enforce the preferred mortgage lien.
      Subsection (d) provides that actual notice of a civil action in
    rem to enforce a maritime lien must be given in a manner directed
    by the court to the master, individual in charge of the vessel, to
    any person that recorded a notice of a claim of an undischarged
    lien, and, for the first time, to the mortgagee of a mortgage filed
    with the Secretary. This notice is not required if, after a search
    is made that is satisfactory to the court, the person entitled to
    notice is not found in the United States. Failure to give notice
    does not affect the court's jurisdiction. However, the mortgagor is
    still liable to the person not notified for damages in the amount
    of that person's interest in the vessel that was terminated by the
    civil action in rem, and a civil action may still be brought to
    recover the amount of the terminated interest. The district courts
    have original jurisdiction of the action, regardless of the amount
    in controversy or the citizenship of the parties. If plaintiff
    prevails, the court shall award costs and attorneys fees to the
    plaintiff.
      Subsection (e) provides that, in a civil action in rem, the court
    may appoint a receiver and authorize operation of the vessel. When
    directed by the court, a United States marshal may take possession -
     even if the vessel is in the possession of or under the control
    of a person claiming a possessory common law lien. This subsection
    makes a substantive change to law by allowing the court to retain
    in rem jurisdiction over the vessel even if the receiver operates
    the vessel outside the district in which the court is located.

                           HOUSE FLOOR STATEMENT                       
      Subsection (c) of this section clarifies that the district courts
    have original jurisdiction for a civil action under subsection (b)
    of this section, and exclusive jurisdiction in the case of vessels
    documented or to be documented under chapter 121 of title 46.

                                AMENDMENTS                            
      2006 - Subsec. (b)(3)(B). Pub. L. 109-304, which directed
    substitution of "section 56101 or 56102 of this title" for "section
    9 or 37 of the Shipping Act, 1936 (46 App. U.S.C. 808, 835)", was
    executed by making the substitution in text which included
    "Shipping Act, 1916" rather than "Shipping Act, 1936", to reflect
    the probable intent of Congress.
      2002 - Subsec. (d)(1)(B). Pub. L. 107-295, Sec. 205(b)(1),
    substituted "an unexpired notice of a claim" for "a notice of a
    claim".
      Subsec. (f)(1). Pub. L. 107-295, Sec. 205(b)(2), substituted "an
    unexpired notice of a claim" for "a notice of a claim".
      1998 - Subsecs. (b)(1), (3), (c). Pub. L. 105-383 inserted "a
    vessel titled in a State," after "chapter 121 of this title,".
      1996 - Subsec. (b). Pub. L. 104-324, Sec. 1124(a)(1), substituted
    "mortgagee may" for "mortgage may" in introductory provisions.
      Subsec. (b)(1). Pub. L. 104-324, Sec. 1124(a)(2)(A), substituted
    "preferred" for "perferred".
      Subsec. (b)(3). Pub. L. 104-324, Sec. 1124(a)(2)(B), (3), added
    par. (3).
      Subsec. (f). Pub. L. 104-324, Sec. 1124(b), added subsec. (f).
      1989 - Subsecs. (b), (c). Pub. L. 101-225 amended subsecs. (b)
    and (c) generally. Prior to amendment, subsecs. (b) and (c) read as
    follows:
      "(b) On default of any term of the preferred mortgage, the
    mortgagee may enforce the preferred mortgage lien in - 
        "(1) a civil action in rem for a documented vessel or a vessel
      to be documented under chapter 121 of this title;
        "(2) a civil action in personam in admiralty against the
      mortgagor, comaker, or guarantor for the amount of the
      outstanding indebtedness secured by the mortgaged vessel or any
      deficiency in full payment of that indebtedness; and
        "(3) a civil action against the mortgagor, comaker, or
      guarantor for the amount of the outstanding indebtedness secured
      by the mortgaged vessel or any deficiency in full payment of that
      indebtedness.
      "(c) The district courts have original jurisdiction of a civil
    action brought under subsection (b) of this section. However, for
    documented vessels or vessels to be documented under chapter 121 of
    this title, this jurisdiction is exclusive of the courts of the
    States for a civil action under subsection (b)(1) of this section."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-295, title II, Sec. 205(e), Nov. 25, 2002, 116 Stat.
    2096, provided that: "This section [see Tables for classification]
    shall take effect January 1, 2003."

                      CONSTRUCTION OF 1996 AMENDMENTS                  
      Section 1124(c) of Pub. L. 104-324 provided that: "The amendments
    made by subsections (a) and (b) [amending this section] may not be
    construed to imply that remedies other than judicial remedies were
    not available before the date of enactment of this section [Oct.
    19, 1996] to enforce claims for outstanding indebtedness secured by
    mortgaged vessels."

-End-



-CITE-
    46 USC Sec. 31326                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER II - COMMERCIAL INSTRUMENTS

-HEAD-
    Sec. 31326. Court sales to enforce preferred mortgage liens and
      maritime liens and priority of claims

-STATUTE-
      (a) When a vessel is sold by order of a district court in a civil
    action in rem brought to enforce a preferred mortgage lien or a
    maritime lien, any claim in the vessel existing on the date of sale
    is terminated, including a possessory common law lien of which a
    person is deprived under section 31325(e)(2) of this title, and the
    vessel is sold free of all those claims.
      (b) Each of the claims terminated under subsection (a) of this
    section attaches, in the same amount and in accordance with their
    priorities to the proceeds of the sale, except that - 
        (1) the preferred mortgage lien, including a preferred mortgage
      lien on a foreign vessel whose mortgage has been guaranteed under
      chapter 537 of this title, has priority over all claims against
      the vessel (except for expenses and fees allowed by the court,
      costs imposed by the court, and preferred maritime liens); and
        (2) for a foreign vessel whose mortgage has not been guaranteed
      under chapter 537 of this title, the preferred mortgage lien is
      subordinate to a maritime lien for necessaries provided in the
      United States.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4746; Pub. L. 103-160, div. A, title XIII, Sec. 1360, Nov. 30,
    1993, 107 Stat. 1816; Pub. L. 109-304, Sec. 15(31), Oct. 6, 2006,
    120 Stat. 1704.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31326(a)                              46:953(b), 961(c)             
    31326(b)(1)                           46:953(b)                     
    31326(b)(2)                           46:951 (2d par. proviso)      
    --------------------------------------------------------------------

      Section 31326(a) provides for a court-ordered sale to enforce a
    preferred mortgage lien or a maritime lien and the priority of
    claims. When a mortgaged vessel is sold by court order in a civil
    action in rem, any prior claim in the vessel is terminated -
    including any possessory common law lien. This subsection makes a
    substantive change to law by making the process the same for
    maritime liens as was provided for preferred mortgage liens. This
    eliminates the requirement for making a new mortgagee for a court
    sale to enforce a maritime lien. This section also broadens the
    jurisdiction to courts in the territories, as defined in section
    31301.
      Section 31326(b)(1) provides that each of these terminated claims
    attaches, in the same amount and priority, to the proceeds of sale -
     except that the preferred mortgage lien always has priority over
    these other claims. However, the preferred mortgage lien is still
    subordinated to expenses and fees allowed by the court, costs
    imposed by the court, and any preferred maritime liens. This may
    include statutory fees such as the fee of the United States Marshal
    under 28 U.S.C. 1921. Except for broadening its coverage under
    subsection (a), this makes no substantive change to law.
      Section 31326(b)(2) provides in the case of a foreign vessel, the
    preferred mortgage lien is also subordinated to a maritime lien for
    necessaries performed or supplied for the vessel in the United
    States. "Provided" has been substituted for "provided or supplied"
    for consistency in usage. Except for broadening its coverage under
    subsection (a), this paragraph makes no substantive change to law.

                                AMENDMENTS                            
      2006 - Subsec. (b)(1). Pub. L. 109-304, Sec. 15(31)(A),
    substituted "chapter 537 of this title," for "title XI of the
    Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.)".
      Subsec. (b)(2). Pub. L. 109-304, Sec. 15(31)(B), substituted
    "chapter 537 of this title" for "title XI of that Act".
      1993 - Subsec. (b)(1). Pub. L. 103-160, Sec. 1260(1), inserted ",
    including a preferred mortgage lien on a foreign vessel whose
    mortgage has been guaranteed under title XI of the Merchant Marine
    Act, 1936 (46 App. U.S.C. 1101 et seq.)" after "preferred mortgage
    lien".
      Subsec. (b)(2). Pub. L. 103-160, Sec. 1360(2), inserted "whose
    mortgage has not been guaranteed under title XI of that Act" after
    "foreign vessel".

-End-



-CITE-
    46 USC Sec. 31327                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER II - COMMERCIAL INSTRUMENTS

-HEAD-
    Sec. 31327. Forfeiture of mortgagee interest

-STATUTE-
      The interest of a mortgagee in a documented vessel or a vessel
    covered by a preferred mortgage under section 31322(d) of this
    title may be terminated by a forfeiture of the vessel for a
    violation of a law of the United States only if the mortgagee
    authorized, consented, or conspired to do the act, failure, or
    omission that is the basis of the violation.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4746.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31327                                 46:961(b)                     
    --------------------------------------------------------------------

      Section 31327 provides for forfeiture of the mortgagee's interest
    if the mortgagee authorized, consented, or conspired to do the act,
    failure, or omission that is the basis of the violation that caused
    forfeiture of the vessel. This section makes no substantive change
    to law.

-End-



-CITE-
    46 USC Sec. 31328                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER II - COMMERCIAL INSTRUMENTS

-HEAD-
    Sec. 31328. Repealed.

-MISC1-
    [Sec. 31328. Repealed. Pub. L. 104-324, title XI, Sec. 1113(b)(1),
      Oct. 19, 1996, 110 Stat. 3970].
      Section, Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988,
    102 Stat. 4746, related to limitations on parties serving as
    trustees of mortgaged vessel interests.

-End-



-CITE-
    46 USC Sec. 31329                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER II - COMMERCIAL INSTRUMENTS

-HEAD-
    Sec. 31329. Court sales of documented vessels

-STATUTE-
      (a) A documented vessel may be sold by order of a district court
    only to - 
        (1) a person eligible to own a documented vessel under section
      12103 of this title; or
        (2) a mortgagee of that vessel.

      (b) When a vessel is sold to a mortgagee not eligible to own a
    documented vessel - 
        (1) the vessel must be held by the mortgagee for resale;
        (2) the vessel held by the mortgagee is subject to chapter 563
      of this title; and
        (3) the sale of the vessel to the mortgagee is not a sale to a
      person not a citizen of the United States under section 12132 of
      this title.

      (c) Unless waived by the Secretary of Transportation, a person
    purchasing a vessel by court order under subsection (a)(1) of this
    section or from a mortgagee under subsection (a)(2) of this section
    must document the vessel under chapter 121 of this title.
      (d) The vessel may be operated by the mortgagee not eligible to
    own a documented vessel only with the approval of the Secretary.
      (e) A sale of a vessel contrary to this section is void.
      (f) This section does not apply to a documented vessel that has
    been operated only for pleasure.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4747; Pub. L. 104-324, title XI, Sec. 1118, Oct. 19, 1996, 110
    Stat. 3973; Pub. L. 109-304, Sec. 15(32), Oct. 6, 2006, 120 Stat.
    1704.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31329                                 46:961(f)                     
    --------------------------------------------------------------------

      Section 31329 sets out certain restrictions on the court sale of
    a documented vessel.
      Section 31329(a) restricts the sale only to a person eligible to
    own a documented vessel under section 12102 of title 46 or to the
    mortgagee, which may be a trustee acting as a holder of a preferred
    mortgage on a documented vessel for the benefit of a person not
    eligible to be the holder of a preferred mortgage on that vessel.
      Section 31329(b) sets out conditions on the sale to a trustee
    acting as a holder of a preferred mortgage on a documented vessel
    for the benefit of a person not eligible to be the holder of a
    preferred mortgage on that vessel. First, the vessel must be held
    by the trustee for resale. Second, while being held for resale, the
    vessel is subject to requisition or purchase during a national
    emergency under section 902 of the Merchant Marine Act, 1936 (46
    App. U.S.C. 1242). And third, the sale of the vessel to the trustee
    is not a sale foreign within the terms of the First Proviso of
    section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883).
      Section 31329(c) requires a person that is eligible to document
    the vessel that purchases a vessel from the court to document the
    vessel. This subsection also requires the person purchasing the
    vessel from the trustee to document it, thereby restricting to whom
    the trustee can sell the vessel. Many documented vessels have no
    national defense utility, such as recreational vessels and fishing
    vessels. Therefore, both of these restrictions can be waived by the
    Secretary. As previously discussed, these waivers can be on a case-
    by-case basis or with a blanket waiver.
      Section 31329(d) prohibits a trustee from operating the vessel
    without the approval of the Secretary.
      Section 31329(e) voids any sale that is done contrary to this
    section.

                           HOUSE FLOOR STATEMENT                       
      Under section 31329(d) a vessel may be operated by the trustee
    only with the approval of the Secretary. Under current law a vessel
    may be documented by a trust if all of the members of the trust are
    citizens of the United States. If the trust buying the vessel at
    the court sale includes foreign investors, the vessel cannot be
    documented. The Committee intends in this section that the vessel
    will only be "operated" in a maintenance manner, but not in a
    commercial service.

                                AMENDMENTS                            
      2006 - Subsec. (a)(1). Pub. L. 109-304, Sec. 15(32)(A),
    substituted "section 12103" for "section 12102".
      Subsec. (b)(2). Pub. L. 109-304, Sec. 15(32)(B)(i), substituted
    "chapter 563 of this title" for "section 902 of the Merchant Marine
    Act, 1936 (46 App. U.S.C. 1242)".
      Subsec. (b)(3). Pub. L. 109-304, Sec. 15(32)(B)(ii), substituted
    "sale to a person not a citizen of the United States under section
    12132 of this title" for "sale foreign within the terms of the
    first proviso of section 27 of the Merchant Marine Act, 1920 (46
    App. U.S.C. 883)".
      1996 - Subsec. (f). Pub. L. 104-324 added subsec. (f).

-End-



-CITE-
    46 USC Sec. 31330                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER II - COMMERCIAL INSTRUMENTS

-HEAD-
    Sec. 31330. Penalties

-STATUTE-
      (a)(1) A mortgagor shall be fined under title 18, imprisoned for
    not more than 2 years, or both, if the mortgagor - 
        (A) with intent to defraud, does not disclose an obligation on
      a vessel as required by section 31323(a) of this title;
        (B) with intent to defraud, incurs a contractual obligation in
      violation of section 31323(b) of this title;
        (C) with intent to hinder or defraud an existing or future
      creditor of the mortgagor or a lienor of the vessel, files a
      mortgage with the Secretary of Transportation; or
        (D) with intent to defraud, does not comply with section
      31321(h) of this title.

      (2) A mortgagor is liable to the United States Government for a
    civil penalty of not more than $10,000 if the mortgagor - 
        (A) does not disclose an obligation on a vessel as required by
      section 31323(a) of this title;
        (B) incurs a contractual obligation in violation of section
      31323(b) of this title;
        (C) files with the Secretary a mortgage made not in good faith;
      or
        (D) does not comply with section 31321(h) of this title.

      (b)(1) A person that knowingly violates section 31329 of this
    title shall be fined under title 18, imprisoned for not more than 3
    years, or both.
      (2) A person violating section 31329 of this title is liable to
    the Government for a civil penalty of not more than $25,000.
      (3) A vessel involved in a violation under section 31329 of this
    title and its equipment may be seized by, and forfeited to, the
    Government.
      (c) If a person not an individual violates this section, the
    president or chief executive of the person also is subject to any
    penalty provided under this section.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4747; Pub. L. 104-324, title XI, Sec. 1113(b)(2), Oct. 19, 1996,
    110 Stat. 3970.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31330(a)                              46:941(b) (1st sentence)      
    31330(b)                              New                           
    31330(c)                              46:941(b) (1st sentence)      
    --------------------------------------------------------------------

      Section 31330(a) provides for criminal penalties for not
    disclosing obligations, incurring contractual obligations in
    violation of section 31323(b), and filing a mortgage made not in
    good faith. This subsection makes a substantive change to law by
    adding civil penalties and by making it a crime to record with the
    Secretary of Transportation a mortgage made not in good faith with
    the intent to hinder an existing or future creditor of the
    mortgagor or a lienor of the vessel. This is done since the
    affidavit of good faith has been eliminated from the elements of a
    preferred mortgage.
      Section 31330(b) adds criminal and civil penalties for violating
    the sale and trust requirements under sections 31328 and 31329. It
    also makes a vessel and its equipment involved in those violations
    subject to seizure by the Government.
      Section 31330(c) makes the president or chief executive officer
    of a corporation or association liable as a mortgagor for the
    penalties under this section.

                           HOUSE FLOOR STATEMENT                       
      Subsection (a) of this section adds criminal and civil penalties
    for a preferred mortgagor's failure to carry out certain
    requirements under chapter 313 of title 46 (as enacted by this
    Act).

                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-324 struck out "31328 or" before
    "31329" in pars. (1) to (3).

-End-


-CITE-
    46 USC SUBCHAPTER III - MARITIME LIENS                      01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER III - MARITIME LIENS

-HEAD-
                      SUBCHAPTER III - MARITIME LIENS                  

-End-



-CITE-
    46 USC Sec. 31341                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER III - MARITIME LIENS

-HEAD-
    Sec. 31341. Persons presumed to have authority to procure
      necessaries

-STATUTE-
      (a) The following persons are presumed to have authority to
    procure necessaries for a vessel:
        (1) the owner;
        (2) the master;
        (3) a person entrusted with the management of the vessel at the
      port of supply; or
        (4) an officer or agent appointed by - 
          (A) the owner;
          (B) a charterer;
          (C) an owner pro hac vice; or
          (D) an agreed buyer in possession of the vessel.

      (b) A person tortiously or unlawfully in possession or charge of
    a vessel has no authority to procure necessaries for the vessel.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4748; Pub. L. 101-225, title III, Sec. 303(5), Dec. 12, 1989, 103
    Stat. 1924.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31341(a)                              46:972 (1st sentence), 973    
    31341(b)                              46:972 (2d sentence)          
    --------------------------------------------------------------------

      Section 31341(a) lists those persons who are presumed to have
    authority to procure necessaries for a vessel. These include the
    owner, master, or a manager at the port of supply; and an officer
    or agent appointed by the owner, charterer, owner pro hac vice, or
    buyer in possession of the vessel. This subsection makes no
    substantive change to law.
      Section 31341(b) provides that any person that is tortiously or
    unlawfully in possession of or in charge of a vessel has no
    authority to procure necessaries. This subsection makes no
    substantive change to law.

                                AMENDMENTS                            
      1989 - Subsec. (a)(3). Pub. L. 101-225 substituted "management"
    for "mangement".

-End-



-CITE-
    46 USC Sec. 31342                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER III - MARITIME LIENS

-HEAD-
    Sec. 31342. Establishing maritime liens

-STATUTE-
      (a) Except as provided in subsection (b) of this section, a
    person providing necessaries to a vessel on the order of the owner
    or a person authorized by the owner - 
        (1) has a maritime lien on the vessel;
        (2) may bring a civil action in rem to enforce the lien; and
        (3) is not required to allege or prove in the action that
      credit was given to the vessel.

      (b) This section does not apply to a public vessel.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4748; Pub. L. 101-225, title III, Sec. 303(6), Dec. 12, 1989, 103
    Stat. 1924.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31342                                 46:971                        
    --------------------------------------------------------------------

      Section 31342 provides that any authorized person providing
    necessaries for a vessel has a maritime lien on the vessel, may
    bring a civil action in rem in admiralty to enforce the lien, and
    is not required to allege or prove that credit was given to the
    vessel. "Providing" has been substituted for "furnishing" for
    consistency with other laws. This section makes no substantive
    change to law. This section does not supersede the prohibition
    under the Public Vessels Act, the Foreign Sovereign Immunities Act,
    or the Suits in Admiralty Act, on bringing an in rem action against
    a public vessel.

                                AMENDMENTS                            
      1989 - Pub. L. 101-225 designated existing provisions as subsec.
    (a), substituted "Except as provided in subsection (b) of this
    section, a person providing necessaries to a vessel on the order of
    the owner" for "A person providing necessaries to a vessel (except
    a public vessel) on the order of a person listed in section 31341
    of this title", and added subsec. (b).

-End-



-CITE-
    46 USC Sec. 31343                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle III - Maritime Liability
    CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS
    SUBCHAPTER III - MARITIME LIENS

-HEAD-
    Sec. 31343. Recording and discharging notices of claim of maritime
      lien

-STATUTE-
      (a) Except as provided under subsection (d) of this section, a
    person claiming a lien on a vessel documented, or for which an
    application for documentation has been filed, under chapter 121 may
    record with the Secretary of Transportation a notice of that
    person's lien claim on the vessel. To be recordable, the notice
    must - 
        (1) state the nature of the lien;
        (2) state the date the lien was established;
        (3) state the amount of the lien;
        (4) state the name and address of the person; and
        (5) be signed and acknowledged.

      (b)(1) The Secretary shall record a notice complying with
    subsection (a) of this section if, when the notice is presented to
    the Secretary for recording, the person having the claim files with
    the notice a declaration stating the following:
        (A) The information in the notice is true and correct to the
      best of the knowledge, information, and belief of the individual
      who signed it.
        (B) A copy of the notice, as presented for recordation, has
      been sent to each of the following:
          (i) The owner of the vessel.
          (ii) Each person that recorded under subsection (a) of this
        section an unexpired notice of a claim of an undischarged lien
        on the vessel.
          (iii) The mortgagee of each mortgage filed or recorded under
        section 31321 of this title that is an undischarged mortgage on
        the vessel.

      (2) A declaration under this subsection filed by a person that is
    not an individual must be signed by the president, member, partner,
    trustee, or other individual authorized to execute the declaration
    on behalf of the person.
      (c)(1) On full and final discharge of the indebtedness that is
    the basis for a notice of claim of lien recorded under subsection
    (b) of this section, the person having the claim shall provide the
    Secretary with an acknowledged certificate of discharge of the
    indebtedness. The Secretary shall record the certificate.
      (2) The district courts of the United States shall have
    jurisdiction over a civil action in Admiralty to declare that a
    vessel is not subject to a lien claimed under subsection (b) of
    this section, or that the vessel is not subject to the notice of
    claim of lien, or both, regardless of the amount in controversy or
    the citizenship of the parties. Venue in such an action shall be in
    the district where the vessel is found or where the claimant
    resides or where the notice of claim of lien is recorded. The court
    may award costs and attorneys fees to the prevailing party, unless
    the court finds that the position of the other party was
    substantially justified or other circumstances make an award of
    costs and attorneys fees unjust. The Secretary shall record any
    such declaratory order.
      (d) A person claiming a lien on a vessel covered by a preferred
    mortgage under section 31322(d) of this title must record and
    discharge the lien as provided by the law of the State in which the
    vessel is titled.
      (e) A notice of claim of lien recorded under subsection (b) of
    this section shall expire 3 years after the date the lien was
    established, as such date is stated in the notice under subsection
    (a) of this section.
      (f) This section does not alter in any respect the law pertaining
    to the establishment of a maritime lien, the remedy provided by
    such a lien, or the defenses thereto, including any defense under
    the doctrine of laches.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat.
    4748; Pub. L. 107-295, title II, Sec. 205(a)(1), Nov. 25, 2002, 116
    Stat. 2095.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    31343                                 46:925                        
    --------------------------------------------------------------------

      Section 31343 provides that any person claiming a lien on a
    vessel covered by a preferred mortgage may record a notice of lien.
    This notice must state the nature of the lien, date it was
    established; the amount; and the name and address of the person
    claiming a lien, and it must be acknowledged. The Secretary must
    record a notice of lien if it complies with these requirements.
    When any part of the indebtedness is discharged, the claimant shall
    provide the Secretary with a written, acknowledged certificate of
    discharge of the indebtedness, and the Secretary shall record the
    certificate. This section makes no substantive change to law.
      Section 31343(c) provides that, on the full and final discharge
    of an indebtedness that is the basis for a claim, the person having
    the claim shall provide the Secretary with an acknowledged
    certificate of discharge on the request of the Secretary or owner
    of the vessel. This subsection makes a substantive change to law by
    not requiring partial discharges to be filed, as well as making the
    filing of discharge certificates only at the request of the
    Secretary or owner of the vessel.

                           HOUSE FLOOR STATEMENT                       
      Subsection (d) of this section requires a person claiming a lien
    on a vessel covered by a preferred mortgage under section 31322(d)
    to record and discharge the lien as provided by the law of the
    State in which the vessel is titled.

                                AMENDMENTS                            
      2002 - Pub. L. 107-295, Sec. 205(a)(1)(A), substituted "notices
    of claim of maritime lien" for "liens on preferred mortgage
    vessels" in section catchline.
      Subsec. (a). Pub. L. 107-295, Sec. 205(a)(1)(B), substituted
    "documented, or for which an application for documentation has been
    filed, under chapter 121" for "covered by a preferred mortgage
    filed or recorded under this chapter" in introductory provisions.
      Subsec. (b). Pub. L. 107-295, Sec. 205(a)(1)(C), amended subsec.
    (b) generally. Prior to amendment, subsec. (b) read as follows:
    "The Secretary shall record a notice complying with subsection (a)
    of this section."
      Subsec. (c). Pub. L. 107-295, Sec. 205(a)(1)(D), amended subsec.
    (c) generally. Prior to amendment, subsec. (c) read as follows: "On
    full and final discharge of the indebtedness that is the basis for
    a claim recorded under subsection (b) of this section, on request
    of the Secretary or owner, the person having the claim shall
    provide the Secretary with an acknowledged certificate of discharge
    of the indebtedness. The Secretary shall record the certificate."
      Subsecs. (e), (f). Pub. L. 107-295, Sec. 205(a)(1)(E), added
    subsecs. (e) and (f).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-295 effective Jan. 1, 2003, see section
    205(e) of Pub. L. 107-295, set out as a note under section 31325 of
    this title.

-End-


-CITE-
    46 USC Subtitle IV - Regulation of Ocean Shipping           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping

-HEAD-
    Subtitle IV - Regulation of Ocean Shipping


-MISC1-
                          PART A - OCEAN SHIPPING                      
    Chapter                                                          Sec.
    401.    General                                                40101
    403.    Agreements                                             40301
    405.    Tariffs, Service Contracts, Refunds, and Waivers       40501
    407.    Controlled Carriers                                    40701
    409.    Ocean Transportation Intermediaries                    40901
    411.    Prohibitions and Penalties                             41101
    413.    Enforcement                                            41301

               PART B - ACTIONS TO ADDRESS FOREIGN PRACTICES           
    421.    Regulations Affecting Shipping in Foreign Trade        42101
    423.    Foreign Shipping Practices                             42301

                          PART C - MISCELLANEOUS                      
    441.    Evidence of Financial Responsibility for Passenger
             Transportation                                        44101

-End-


-CITE-
    46 USC Part A - Ocean Shipping                              01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping

-HEAD-
                          PART A - OCEAN SHIPPING                      

-End-


-CITE-
    46 USC CHAPTER 401 - GENERAL                                01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 401 - GENERAL

-HEAD-
                           CHAPTER 401 - GENERAL                       

-MISC1-
    Sec.                                                     
    40101.      Purposes.                                             
    40102.      Definitions.                                          
    40103.      Administrative exemptions.                            
    40104.      Reports filed with the Commission.                    

-End-



-CITE-
    46 USC Sec. 40101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 401 - GENERAL

-HEAD-
    Sec. 40101. Purposes

-STATUTE-
      The purposes of this part are to - 
        (1) establish a nondiscriminatory regulatory process for the
      common carriage of goods by water in the foreign commerce of the
      United States with a minimum of government intervention and
      regulatory costs;
        (2) provide an efficient and economic transportation system in
      the ocean commerce of the United States that is, insofar as
      possible, in harmony with, and responsive to, international
      shipping practices;
        (3) encourage the development of an economically sound and
      efficient liner fleet of vessels of the United States capable of
      meeting national security needs; and
        (4) promote the growth and development of United States exports
      through competitive and efficient ocean transportation and by
      placing a greater reliance on the marketplace.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1523.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40101          46 App.:1701.           Pub. L. 98-237, Sec. 2, Mar. 
                                            20, 1984, 98 Stat. 67; Pub. 
                                            L. 105-258, title I, Sec.   
                                            101, Oct. 14, 1998, 112     
                                            Stat. 1902.                 
    --------------------------------------------------------------------


                EFFECTS ON CERTAIN AGREEMENTS AND CONTRACTS            
      Pub. L. 98-237, Sec. 20(d), Mar. 20, 1984, 98 Stat. 90; Pub. L.
    105-258, title I, Sec. 117(1), Oct. 14, 1998, 112 Stat. 1914,
    provided that: "All agreements, contracts, modifications, licenses,
    and exemptions previously issued, approved, or effective under the
    Shipping Act, 1916 [former 46 U.S.C. App. 801 et seq., see
    Disposition Table preceding section 101 of this title], or the
    Shipping Act of 1984 [former 46 U.S.C. App. 1701 et seq., see
    Disposition Table preceding section 101 of this title], shall
    continue in force and effect as if issued or effective under this
    Act, as amended by the Ocean Shipping Reform Act of 1998 [Pub. L.
    105-258, Oct. 14, 1998, 112 Stat. 1902], and all new agreements,
    contracts, and modifications to existing, pending, or new contracts
    or agreements shall be considered under this Act, as amended by the
    Ocean Shipping Reform Act of 1998."

-End-



-CITE-
    46 USC Sec. 40102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 401 - GENERAL

-HEAD-
    Sec. 40102. Definitions

-STATUTE-
      In this part:
        (1) Agreement. - The term "agreement" - 
          (A) means a written or oral understanding, arrangement, or
        association, and any modification or cancellation thereof; but
          (B) does not include a maritime labor agreement.

        (2) Antitrust laws. - The term "antitrust laws" means - 
          (A) the Sherman Act (15 U.S.C. 1 et seq.);
          (B) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8,
        9);
          (C) the Clayton Act (15 U.S.C. 12 et seq.);
          (D) the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a);
          (E) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);
          (F) the Antitrust Civil Process Act (15 U.S.C. 1311 et seq.);
        and
          (G) Acts supplementary to those Acts.

        (3) Assessment agreement. - The term "assessment agreement"
      means an agreement, whether part of a collective bargaining
      agreement or negotiated separately, to the extent the agreement
      provides for the funding of collectively bargained fringe-benefit
      obligations on other than a uniform worker-hour basis, regardless
      of the cargo handled or type of vessel or equipment used.
        (4) Bulk cargo. - The term "bulk cargo" means cargo that is
      loaded and carried in bulk without mark or count.
        (5) Chemical parcel-tanker. - The term "chemical parcel-tanker"
      means a vessel that has - 
          (A) a cargo-carrying capability consisting of individual
        cargo tanks for bulk chemicals that - 
            (i) are a permanent part of the vessel; and
            (ii) have segregation capability with piping systems to
          permit simultaneous carriage of several bulk chemical cargoes
          with minimum risk of cross-contamination; and

          (B) a valid certificate of fitness under the International
        Maritime Organization Code for the Construction and Equipment
        of Ships Carrying Dangerous Chemicals in Bulk.

        (6) Common carrier. - The term "common carrier" - 
          (A) means a person that - 
            (i) holds itself out to the general public to provide
          transportation by water of passengers or cargo between the
          United States and a foreign country for compensation;
            (ii) assumes responsibility for the transportation from the
          port or point of receipt to the port or point of destination;
          and
            (iii) uses, for all or part of that transportation, a
          vessel operating on the high seas or the Great Lakes between
          a port in the United States and a port in a foreign country;
          but

          (B) does not include a carrier engaged in ocean
        transportation by ferry boat, ocean tramp, or chemical parcel-
        tanker, or by vessel when primarily engaged in the carriage of
        perishable agricultural commodities - 
            (i) if the carrier and the owner of those commodities are
          wholly-owned, directly or indirectly, by a person primarily
          engaged in the marketing and distribution of those
          commodities; and
            (ii) only with respect to the carriage of those
          commodities.

        (7) Conference. - The term "conference" - 
          (A) means an association of ocean common carriers permitted,
        pursuant to an approved or effective agreement, to engage in
        concerted activity and to use a common tariff; but
          (B) does not include a joint service, consortium, pooling,
        sailing, or transshipment agreement.

        (8) Controlled carrier. - The term "controlled carrier" means
      an ocean common carrier that is, or whose operating assets are,
      directly or indirectly, owned or controlled by a government, with
      ownership or control by a government being deemed to exist for a
      carrier if - 
          (A) a majority of the interest in the carrier is owned or
        controlled in any manner by that government, an agency of that
        government, or a public or private person controlled by that
        government; or
          (B) that government has the right to appoint or disapprove
        the appointment of a majority of the directors, the chief
        operating officer, or the chief executive officer of the
        carrier.

        (9) Deferred rebate. - The term "deferred rebate" means a
      return by a common carrier of any freight money to a shipper,
      where the return is - 
          (A) consideration for the shipper giving all or any portion
        of its shipments to that or any other common carrier over a
        fixed period of time;
          (B) deferred beyond the completion of the service for which
        it was paid; and
          (C) made only if the shipper has agreed to make a further
        shipment with that or any other common carrier.

        (10) Forest products. - The term "forest products" includes
      lumber in bundles, rough timber, ties, poles, piling, laminated
      beams, bundled siding, bundled plywood, bundled core stock or
      veneers, bundled particle or fiber boards, bundled hardwood, wood
      pulp in rolls, wood pulp in unitized bales, and paper and paper
      board in rolls or in pallet or skid-sized sheets.
        (11) Inland division. - The term "inland division" means the
      amount paid by a common carrier to an inland carrier for the
      inland portion of through transportation offered to the public by
      the common carrier.
        (12) Inland portion. - The term "inland portion" means the
      charge to the public by a common carrier for the non-ocean
      portion of through transportation.
        (13) Loyalty contract. - The term "loyalty contract" means a
      contract with an ocean common carrier or agreement providing for -
       
          (A) a shipper to obtain lower rates by committing all or a
        fixed portion of its cargo to that carrier or agreement; and
          (B) a deferred rebate arrangement.

        (14) Marine terminal operator. - The term "marine terminal
      operator" means a person engaged in the United States in the
      business of providing wharfage, dock, warehouse, or other
      terminal facilities in connection with a common carrier, or in
      connection with a common carrier and a water carrier subject to
      subchapter II of chapter 135 of title 49.
        (15) Maritime labor agreement. - The term "maritime labor
      agreement" - 
          (A) means - 
            (i) a collective bargaining agreement between an employer
          subject to this part, or a group of such employers, and a
          labor organization representing employees in the maritime or
          stevedoring industry;
            (ii) an agreement preparatory to such a collective
          bargaining agreement among members of a multi-employer
          bargaining group; or
            (iii) an agreement specifically implementing provisions of
          such a collective bargaining agreement or providing for the
          formation, financing, or administration of a multi-employer
          bargaining group; but

          (B) does not include an assessment agreement.

        (16) Non-vessel-operating common carrier. - The term "non-
      vessel-operating common carrier" means a common carrier that - 
          (A) does not operate the vessels by which the ocean
        transportation is provided; and
          (B) is a shipper in its relationship with an ocean common
        carrier.

        (17) Ocean common carrier. - The term "ocean common carrier"
      means a vessel-operating common carrier.
        (18) Ocean freight forwarder. - The term "ocean freight
      forwarder" means a person that - 
          (A) in the United States, dispatches shipments from the
        United States via a common carrier and books or otherwise
        arranges space for those shipments on behalf of shippers; and
          (B) processes the documentation or performs related
        activities incident to those shipments.

        (19) Ocean transportation intermediary. - The term "ocean
      transportation intermediary" means an ocean freight forwarder or
      a non-vessel-operating common carrier.
        (20) Service contract. - The term "service contract" means a
      written contract, other than a bill of lading or receipt, between
      one or more shippers, on the one hand, and an individual ocean
      common carrier or an agreement between or among ocean common
      carriers, on the other, in which - 
          (A) the shipper or shippers commit to providing a certain
        volume or portion of cargo over a fixed time period; and
          (B) the ocean common carrier or the agreement commits to a
        certain rate or rate schedule and a defined service level, such
        as assured space, transit time, port rotation, or similar
        service features.

        (21) Shipment. - The term "shipment" means all of the cargo
      carried under the terms of a single bill of lading.
        (22) Shipper. - The term "shipper" means - 
          (A) a cargo owner;
          (B) the person for whose account the ocean transportation of
        cargo is provided;
          (C) the person to whom delivery is to be made;
          (D) a shippers' association; or
          (E) a non-vessel-operating common carrier that accepts
        responsibility for payment of all charges applicable under the
        tariff or service contract.

        (23) Shippers' association. - The term "shippers' association"
      means a group of shippers that consolidates or distributes
      freight on a nonprofit basis for the members of the group to
      obtain carload, truckload, or other volume rates or service
      contracts.
        (24) Through rate. - The term "through rate" means the single
      amount charged by a common carrier in connection with through
      transportation.
        (25) Through transportation. - The term "through
      transportation" means continuous transportation between origin
      and destination for which a through rate is assessed and which is
      offered or performed by one or more carriers, at least one of
      which is a common carrier, between a United States port or point
      and a foreign port or point.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1523.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40102(1)       46 App.:1702(1).        Pub. L. 98-237, Sec. 3, Mar. 
                                            20, 1984, 98 Stat. 67; Pub. 
                                            L. 99-307, Sec. 11, May 19, 
                                            1986, 100 Stat. 447; Pub. L.
                                            105-258, title I, Sec. 102, 
                                            Oct. 14, 1998, 112 Stat.    
                                            1902; Pub. L. 105-383, title
                                            IV, Sec. 424(d), Nov. 13,   
                                            1998, 112 Stat. 3441.       
    40102(2)       46 App.:1702(2).                                     
    40102(3)       46 App.:1702(3).                                     
    40102(4)       46 App.:1702(4).                                     
    40102(5)       46 App.:1702(6)                                      
                    (last sentence).                                    
    40102(6)       46 App.:1702(6)                                      
                    (1st sentence).                                     
    40102(7)       46 App.:1702(7).                                     
    40102(8)       46 App.:1702(8).                                     
    40102(9)       46 App.:1702(9).                                     
    40102(10)      46 App.:1702(10).                                    
    40102(11)      46 App.:1702(11).                                    
    40102(12)      46 App.:1702(12).                                    
    40102(13)      46 App.:1702(13).                                    
    40102(14)      46 App.:1702(14).                                    
    40102(15)      46 App.:1702(15).                                    
    40102(16)      46 App.:1702(17)(B).                                 
    40102(17)      46 App.:1702(16).                                    
    40102(18)      46 App.:1702(17)(A).                                 
    40102(19)      46 App.:1702(17)                                     
                    (1st sentence).                                     
    40102(20)      46 App.:1702(19).                                    
    40102(21)      46 App.:1702(20).                                    
    40102(22)      46 App.:1702(21).                                    
    40102(23)      46 App.:1702(22).                                    
    40102(24)      46 App.:1702(23).                                    
    40102(25)      46 App.:1702(24).                                    
    --------------------------------------------------------------------

      In the definition of "service contract", the words "The contract
    may also specify provisions in the event of nonperformance on the
    part of any party" are omitted as unnecessary and inappropriate for
    a definition.
      In the definition of "shipper", the words "non-vessel-operating
    common carrier" are substituted for "ocean transportation
    intermediary, as defined in paragraph (17)(B) of this section"
    because paragraph (17)(B) contains a definition of "non-vessel-
    operating common carrier" which is restated as a separate
    definition.
      The definition of "Commission" is omitted because the full name
    of the Federal Maritime Commission is used the first time the
    Commission is referred to in each section. The definition of
    "person" is omitted as unnecessary because of 1 U.S.C. 1. The
    definition of "United States" is omitted because the term is
    defined in chapter 1 of the revised title for purposes of the
    title.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Sherman Act, referred to in par. (2)(A), is act July 2, 1890,
    ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of
    Title 15, Commerce and Trade. For complete classification of this
    Act to the Code, see Short Title note set out under section 1 of
    Title 15 and Tables.
      The Clayton Act, referred to in par. (2)(C), is act Oct. 15,
    1914, ch. 323, 38 Stat. 730, which is classified generally to
    sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, Commerce
    and Trade, and sections 52 and 53 of Title 29, Labor. For further
    details and complete classification of this Act to the Code, see
    References in Text note set out under section 12 of Title 15 and
    Tables.
      Act of June 19, 1936, referred to in par. (2)(D), is act June 19,
    1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-
    Patman Act, the Robinson-Patman Antidiscrimination Act, and the
    Robinson-Patman Price Discrimination Act, which enacted sections
    13a, 13b, and 21a of Title 15, Commerce and Trade, and amended
    section 13 of Title 15. For complete classification of this Act to
    the Code, see Short Title note set out under section 13 of Title 15
    and Tables.
      The Federal Trade Commission Act, referred to in par. (2)(E), is
    act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified
    generally to subchapter I (Sec. 41 et seq.) of chapter 2 of Title
    15, Commerce and Trade. For complete classification of this Act to
    the Code, see section 58 of Title 15 and Tables.
      The Antitrust Civil Process Act, referred to in par. (2)(F), is
    Pub. L. 87-664, Sept. 19, 1962, 76 Stat. 548, which is classified
    generally to chapter 34 (Sec. 1311 et seq.) of Title 15, Commerce
    and Trade. For complete classification of this Act to the Code, see
    Short Title note set out under section 1311 of Title 15 and Tables.

-End-



-CITE-
    46 USC Sec. 40103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 401 - GENERAL

-HEAD-
    Sec. 40103. Administrative exemptions

-STATUTE-
      (a) In General. - The Federal Maritime Commission, on application
    or its own motion, may by order or regulation exempt for the future
    any class of agreements between persons subject to this part or any
    specified activity of those persons from any requirement of this
    part if the Commission finds that the exemption will not result in
    substantial reduction in competition or be detrimental to commerce.
    The Commission may attach conditions to an exemption and may, by
    order, revoke an exemption.
      (b) Opportunity for Hearing. - An order or regulation of
    exemption or revocation of an exemption may be issued only if the
    Commission has provided an opportunity for a hearing to interested
    persons and departments and agencies of the United States
    Government.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1527.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40103          46 App.:1715.           Pub. L. 98-237, Sec. 16,     
                                            Mar. 20, 1984, 98 Stat. 84; 
                                            Pub. L. 105-258, title I,   
                                            Sec. 114, Oct. 14, 1998, 112
                                            Stat. 1912.                 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 40104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 401 - GENERAL

-HEAD-
    Sec. 40104. Reports filed with the Commission

-STATUTE-
      (a) In General. - The Federal Maritime Commission may require a
    common carrier or an officer, receiver, trustee, lessee, agent, or
    employee of the carrier to file with the Commission a periodical or
    special report, an account, record, rate, or charge, or a
    memorandum of facts and transactions related to the business of the
    carrier. The report, account, record, rate, charge, or memorandum
    shall be made under oath if the Commission requires, and shall be
    filed in the form and within the time prescribed by the Commission.
      (b) Conference Minutes. - Conference minutes required to be filed
    with the Commission under this section may not be released to third
    parties or published by the Commission.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1527.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40104          46 App.:1714.           Pub. L. 98-237, Sec. 15,     
                                            Mar. 20, 1984, 98 Stat. 84; 
                                            Pub. L. 98-595, Sec.        
                                            3(b)(3), Oct. 30, 1984, 98  
                                            Stat. 3133; Pub. L. 105-258,
                                            title I, Sec. 113, Oct. 14, 
                                            1998, 112 Stat. 1912.       
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 403 - AGREEMENTS                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 403 - AGREEMENTS

-HEAD-
                         CHAPTER 403 - AGREEMENTS                     

-MISC1-
    Sec.                                                     
    40301.      Application.                                          
    40302.      Filing requirements.                                  
    40303.      Content requirements.                                 
    40304.      Commission action.                                    
    40305.      Assessment agreements.                                
    40306.      Nondisclosure of information.                         
    40307.      Exemption from antitrust laws.                        

-End-



-CITE-
    46 USC Sec. 40301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 403 - AGREEMENTS

-HEAD-
    Sec. 40301. Application

-STATUTE-
      (a) Ocean Common Carrier Agreements. - This part applies to an
    agreement between or among ocean common carriers to - 
        (1) discuss, fix, or regulate transportation rates, including
      through rates, cargo space accommodations, and other conditions
      of service;
        (2) pool or apportion traffic, revenues, earnings, or losses;
        (3) allot ports or regulate the number and character of voyages
      between ports;
        (4) regulate the volume or character of cargo or passenger
      traffic to be carried;
        (5) engage in an exclusive, preferential, or cooperative
      working arrangement between themselves or with a marine terminal
      operator;
        (6) control, regulate, or prevent competition in international
      ocean transportation; or
        (7) discuss and agree on any matter related to a service
      contract.

      (b) Marine Terminal Operator Agreements. - This part applies to
    an agreement between or among marine terminal operators, or between
    or among one or more marine terminal operators and one or more
    ocean common carriers, to - 
        (1) discuss, fix, or regulate rates or other conditions of
      service; or
        (2) engage in exclusive, preferential, or cooperative working
      arrangements, to the extent the agreement involves ocean
      transportation in the foreign commerce of the United States.

      (c) Acquisitions. - This part does not apply to an acquisition by
    any person, directly or indirectly, of any voting security or
    assets of any other person.
      (d) Maritime Labor Agreements. - This part does not apply to a
    maritime labor agreement. However, this subsection does not exempt
    from this part any rate, charge, regulation, or practice of a
    common carrier that is required to be set forth in a tariff or is
    an essential term of a service contract, whether or not the rate,
    charge, regulation, or practice arises out of, or is otherwise
    related to, a maritime labor agreement.
      (e) Assessment Agreements. - This part (except sections 40305 and
    40307(a)) does not apply to an assessment agreement.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1528.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40301(a)       46 App.:1703(a).        Pub. L. 98-237, Sec. 4, Mar. 
                                            20, 1984, 98 Stat. 70; Pub. 
                                            L. 105-258, title I, Sec.   
                                            103, Oct. 14, 1998, 112     
                                            Stat. 1904.                 
    40301(b)       46 App.:1703(b).                                     
    40301(c)       46 App.:1703(c).                                     
    40301(d)       46 App.:1704(f).        Pub. L. 98-237, Sec. 5(e)    
                                            (last sentence), (f), Mar.  
                                            20, 1984, 98 Stat. 70; Pub. 
                                            L. 104-88, title III, Sec.  
                                            335(c)(2), Dec. 29, 1995,   
                                            109 Stat. 954; Pub. L.      
                                            105-258, title I, Sec.      
                                            104(a)(2), (b), Oct. 14,    
                                            1998, 112 Stat. 1904, 1905. 
    40301(e)       46 App.:1704(e)                                      
                    (last sentence).                                    
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 40302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 403 - AGREEMENTS

-HEAD-
    Sec. 40302. Filing requirements

-STATUTE-
      (a) In General. - A true copy of every agreement referred to in
    section 40301(a) or (b) of this title shall be filed with the
    Federal Maritime Commission. If the agreement is oral, a complete
    memorandum specifying in detail the substance of the agreement
    shall be filed.
      (b) Exceptions. - Subsection (a) does not apply to - 
        (1) an agreement related to transportation to be performed
      within or between foreign countries; or
        (2) an agreement among common carriers to establish, operate,
      or maintain a marine terminal in the United States.

      (c) Regulations. - The Commission may by regulation prescribe the
    form and manner in which an agreement shall be filed and any
    additional information and documents necessary to evaluate the
    agreement.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1528.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40302          46 App.:1704(a).        Pub. L. 98-237, Sec. 5(a),   
                                            Mar. 20, 1984, 98 Stat. 70; 
                                            Pub. L. 98-595, Sec.        
                                            3(b)(1), Oct. 30, 1984, 98  
                                            Stat. 3132.                 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 40303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 403 - AGREEMENTS

-HEAD-
    Sec. 40303. Content requirements

-STATUTE-
      (a) Ocean Common Carrier Agreements. - 
        (1) Restrictions. - An ocean common carrier agreement may not -
      
          (A) prohibit or restrict a member of the agreement from
        engaging in negotiations for a service contract with a shipper;
          (B) require a member of the agreement to disclose a
        negotiation on a service contract, or the terms of a service
        contract, other than those terms required to be published under
        section 40502(d) of this title; or
          (C) adopt mandatory rules or requirements affecting the right
        of an agreement member to negotiate and enter into a service
        contract.

        (2) Voluntary guidelines. - An ocean common carrier agreement
      may provide authority to adopt voluntary guidelines relating to
      the terms and procedures of an agreement member's service
      contracts if the guidelines explicitly state the right of members
      of the agreement not to follow the guidelines. Any guidelines
      adopted shall be submitted confidentially to the Federal Maritime
      Commission.

      (b) Conference Agreements. - Each conference agreement must - 
        (1) state its purpose;
        (2) provide reasonable and equal terms for admission and
      readmission to conference membership for any ocean common carrier
      willing to serve the particular trade or route;
        (3) permit any member to withdraw from conference membership on
      reasonable notice without penalty;
        (4) at the request of any member, require an independent
      neutral body to police fully the obligations of the conference
      and its members;
        (5) prohibit the conference from engaging in conduct prohibited
      by section 41105(1) or (3) of this title;
        (6) provide for a consultation process designed to promote - 
          (A) commercial resolution of disputes; and
          (B) cooperation with shippers in preventing and eliminating
        malpractices;

        (7) establish procedures for promptly and fairly considering
      requests and complaints of shippers; and
        (8) provide that - 
          (A) any member of the conference may take independent action
        on a rate or service item on not more than 5 days' notice to
        the conference; and
          (B) except for an exempt commodity not published in the
        conference tariff, the conference will include the new rate or
        service item in its tariff for use by that member, effective no
        later than 5 days after receipt of the notice, and by any other
        member that notifies the conference that it elects to adopt the
        independent rate or service item on or after its effective
        date, in lieu of the existing conference tariff provision for
        that rate or service item.

      (c) Interconference Agreements. - Each agreement between carriers
    not members of the same conference must provide the right of
    independent action for each carrier. Each agreement between
    conferences must provide the right of independent action for each
    conference.
      (d) Vessel Sharing Agreements. - 
        (1) In general. - An ocean common carrier that is the owner,
      operator, or bareboat, time, or slot charterer of a liner vessel
      documented under section 12103 or 12111(c) of this title may
      agree with an ocean common carrier described in paragraph (2) to
      which it charters or subcharters the vessel or space on the
      vessel that the charterer or subcharterer may not use or make
      available space on the vessel for the carriage of cargo reserved
      by law for vessels of the United States.
        (2) Carrier described. - An ocean common carrier described in
      this paragraph is one that is not the owner, operator, or
      bareboat charterer for at least one year of liner vessels of the
      United States that are eligible to be included in the Maritime
      Security Fleet Program and are enrolled in an Emergency
      Preparedness Program under chapter 531 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1529.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40303(a)       46 App.:1704(c).        Pub. L. 98-237, Sec.         
                                            5(b)-(d), Mar. 20, 1984, 98 
                                            Stat. 70; Pub. L. 105-258,  
                                            title I, Sec. 104(a), Oct.  
                                            14, 1998, 112 Stat. 1904.   
    40303(b)       46 App.:1704(b).                                     
    40303(c)       46 App.:1704(d).                                     
    40303(d)       46 App.:1704(g).        Pub. L. 98-237, Sec. 5(g),   
                                            Mar. 20, 1984; as added Pub.
                                            L. 105-383, title IV, Sec.  
                                            424(a), Nov. 13, 1998, 112  
                                            Stat. 3440.                 
    --------------------------------------------------------------------

      In subsection (c)(8), the word "calendar" is omitted as
    unnecessary.
      In subsection (d), the words "vessel of the United States" are
    substituted for "United States-flag vessel" (and similar
    variations) for consistency in the revised title.

-End-



-CITE-
    46 USC Sec. 40304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 403 - AGREEMENTS

-HEAD-
    Sec. 40304. Commission action

-STATUTE-
      (a) Notice of Filing. - Within 7 days after an agreement is
    filed, the Federal Maritime Commission shall transmit a notice of
    the filing to the Federal Register for publication.
      (b) Preliminary Review and Rejection. - After preliminary review,
    the Commission shall reject an agreement that it finds does not
    meet the requirements of sections 40302 and 40303 of this title.
    The Commission shall notify in writing the person filing the
    agreement of the reason for rejection.
      (c) Review and Effective Date. - Unless rejected under subsection
    (b), an agreement (other than an assessment agreement) is effective
    - 
        (1) on the 45th day after filing, or on the 30th day after
      notice of the filing is published in the Federal Register,
      whichever is later; or
        (2) if additional information or documents are requested under
      subsection (d) - 
          (A) on the 45th day after the Commission receives all the
        additional information and documents; or
          (B) if the request is not fully complied with, on the 45th
        day after the Commission receives the information and documents
        submitted and a statement of the reasons for noncompliance with
        the request.

      (d) Request for Additional Information. - Before the expiration
    of the period specified in subsection (c)(1), the Commission may
    request from the person filing the agreement any additional
    information and documents the Commission considers necessary to
    make the determinations required by this section.
      (e) Modification of Review Period. - 
        (1) Shortening. - On request of the party filing an agreement,
      the Commission may shorten a period specified in subsection (c),
      but not to a date that is less than 14 days after notice of the
      filing of the agreement is published in the Federal Register.
        (2) Extension. - The period specified in subsection (c)(2) may
      be extended only by the United States District Court for the
      District of Columbia in a civil action brought by the Commission
      under section 41307(c) of this title.

      (f) Fixed Terms. - The Commission may not limit the effectiveness
    of an agreement to a fixed term.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1530.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40304(a)       46 App.:1705(a).        Pub. L. 98-237, Sec.         
                                            6(a)-(f), Mar. 20, 1984, 98 
                                            Stat. 72.                   
    40304(b)       46 App.:1705(b).                                     
    40304(c)       46 App.:1705(c)                                      
                    (1st sentence).                                     
    40304(d)       46 App.:1705(d).                                     
    40304(e)(1)    46 App.:1705(e).                                     
    40304(e)(2)    46 App.:1705(c)                                      
                    (last sentence).                                    
    40304(f)       46 App.:1705(f).                                     
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 40305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 403 - AGREEMENTS

-HEAD-
    Sec. 40305. Assessment agreements

-STATUTE-
      (a) Filing Requirement. - An assessment agreement shall be filed
    with the Federal Maritime Commission and is effective on filing.
      (b) Complaints. - If a complaint is filed with the Commission
    within 2 years after the date of an assessment agreement, the
    Commission shall disapprove, cancel, or modify the agreement, or an
    assessment or charge pursuant to the agreement, that the Commission
    finds, after notice and opportunity for a hearing, to be unjustly
    discriminatory or unfair as between carriers, shippers, or ports.
    The Commission shall issue its final decision in the proceeding
    within one year after the date the complaint is filed.
      (c) Adjustments of Assessments and Charges. - To the extent that
    the Commission finds under subsection (b) that an assessment or
    charge is unjustly discriminatory or unfair as between carriers,
    shippers, or ports, the Commission shall adjust the assessment or
    charge for the period between the filing of the complaint and the
    final decision by awarding prospective credits or debits to future
    assessments and charges. However, if the complainant has ceased
    activities subject to the assessment or charge, the Commission may
    award reparations.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1531.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40305          46 App.:1704(e)         Pub. L. 98-237, Sec. 5(e)    
                    (less last              (less last sentence), Mar.  
                    sentence).              20, 1984, 98 Stat. 70; Pub. 
                                            L. 105-258, title I, Sec.   
                                            104(a)(2), (b)(1), Oct. 14, 
                                            1998, 112 Stat. 1904, 1905. 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 40306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 403 - AGREEMENTS

-HEAD-
    Sec. 40306. Nondisclosure of information

-STATUTE-
      Information and documents (other than an agreement) filed with
    the Federal Maritime Commission under this chapter are exempt from
    disclosure under section 552 of title 5 and may not be made public
    except as may be relevant to an administrative or judicial
    proceeding. This section does not prevent disclosure to either
    House of Congress or to a duly authorized committee or subcommittee
    of Congress.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1531.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40306          46 App.:1705(j).        Pub. L. 98-237, Sec. 6(j),   
                                            Mar. 20, 1984, 98 Stat. 73. 
    --------------------------------------------------------------------

      The words "judicial proceeding" are substituted for "judicial
    action or proceeding" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 40307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 403 - AGREEMENTS

-HEAD-
    Sec. 40307. Exemption from antitrust laws

-STATUTE-
      (a) In General. - The antitrust laws do not apply to - 
        (1) an agreement (including an assessment agreement) that has
      been filed and is effective under this chapter;
        (2) an agreement that is exempt under section 40103 of this
      title from any requirement of this part;
        (3) an agreement or activity within the scope of this part,
      whether permitted under or prohibited by this part, undertaken or
      entered into with a reasonable basis to conclude that it is - 
          (A) pursuant to an agreement on file with the Federal
        Maritime Commission and in effect when the activity takes
        place; or
          (B) exempt under section 40103 of this title from any filing
        or publication requirement of this part;

        (4) an agreement or activity relating to transportation
      services within or between foreign countries, whether or not via
      the United States, unless the agreement or activity has a direct,
      substantial, and reasonably foreseeable effect on the commerce of
      the United States;
        (5) an agreement or activity relating to the foreign inland
      segment of through transportation that is part of transportation
      provided in a United States import or export trade;
        (6) an agreement or activity to provide wharfage, dock,
      warehouse, or other terminal facilities outside the United
      States; or
        (7) an agreement, modification, or cancellation approved before
      June 18, 1984, by the Commission under section 15 of the Shipping
      Act, 1916, or permitted under section 14b of that Act, and any
      properly published tariff, rate, fare, or charge, or
      classification, rule, or regulation explanatory thereof
      implementing that agreement, modification, or cancellation.

      (b) Exceptions. - This part does not extend antitrust immunity to
    - 
        (1) an agreement with or among air carriers, rail carriers,
      motor carriers, or common carriers by water not subject to this
      part relating to transportation within the United States;
        (2) a discussion or agreement among common carriers subject to
      this part relating to the inland divisions (as opposed to the
      inland portions) of through rates within the United States;
        (3) an agreement among common carriers subject to this part to
      establish, operate, or maintain a marine terminal in the United
      States; or
        (4) a loyalty contract.

      (c) Retroactive Effect of Determinations. - A determination by an
    agency or court that results in the denial or removal of the
    immunity to the antitrust laws under subsection (a) does not remove
    or alter the antitrust immunity for the period before the
    determination.
      (d) Relief Under Clayton Act. - A person may not recover damages
    under section 4 of the Clayton Act (15 U.S.C. 15), or obtain
    injunctive relief under section 16 of that Act (15 U.S.C. 26), for
    conduct prohibited by this part.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1531.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40307          46 App.:1706.           Pub. L. 98-237, Sec. 7, Mar. 
                                            20, 1984, 98 Stat. 73; Pub. 
                                            L. 105-258, title I, Sec.   
                                            105, Oct. 14, 1998, 112     
                                            Stat. 1905.                 
    --------------------------------------------------------------------

      Subsection (a)(1) is substituted for "any agreement that has been
    filed under section 1704 of this Appendix and is effective under
    section 1704(d) [redesignated as (e)] or section 1705 of this
    Appendix" for clarity and to eliminate unnecessary words.
      Subsection (a)(2) is substituted for "any agreement that . . . is
    exempt under section 1715 of this Appendix from any requirement of
    this chapter" in 46 App. U.S.C. 1706(a)(1) for clarity.
      In subsection (a)(7), the words "subject to section 1719(e)(2) of
    this Appendix" are omitted as obsolete.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 15 of the Shipping Act, 1916, referred to in subsec.
    (a)(7), which was classified to section 814 of the former Appendix
    to this title, was repealed by Pub. L. 104-88, title III, Sec.
    335(b)(3), Dec. 29, 1996, 109 Stat. 954.
      Section 14b of the Shipping Act, 1916, referred to in subsec.
    (a)(7), which was classified to section 813a of former Title 46,
    Shipping, was repealed by Pub. L. 98-237, Sec. 20(a), Mar. 20,
    1984, 98 Stat. 88.

-End-


-CITE-
    46 USC CHAPTER 405 - TARIFFS, SERVICE CONTRACTS, REFUNDS,
           AND WAIVERS                                     01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 405 - TARIFFS, SERVICE CONTRACTS, REFUNDS, AND WAIVERS

-HEAD-
      CHAPTER 405 - TARIFFS, SERVICE CONTRACTS, REFUNDS, AND WAIVERS  

-MISC1-
    Sec.                                                     
    40501.      General rate and tariff requirements.                 
    40502.      Service contracts.                                    
    40503.      Refunds and waivers.                                  

-End-



-CITE-
    46 USC Sec. 40501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 405 - TARIFFS, SERVICE CONTRACTS, REFUNDS, AND WAIVERS

-HEAD-
    Sec. 40501. General rate and tariff requirements

-STATUTE-
      (a) Automated Tariff System. - 
        (1) In general. - Each common carrier and conference shall keep
      open to public inspection in an automated tariff system, tariffs
      showing all its rates, charges, classifications, rules, and
      practices between all points or ports on its own route and on any
      through transportation route that has been established. However,
      a common carrier is not required to state separately or otherwise
      reveal in tariffs the inland divisions of a through rate.
        (2) Exceptions. - Paragraph (1) does not apply with respect to
      bulk cargo, forest products, recycled metal scrap, new assembled
      motor vehicles, waste paper, or paper waste.

      (b) Contents of Tariffs. - A tariff under subsection (a) shall - 
        (1) state the places between which cargo will be carried;
        (2) list each classification of cargo in use;
        (3) state the level of compensation, if any, of any ocean
      freight forwarder by a carrier or conference;
        (4) state separately each terminal or other charge, privilege,
      or facility under the control of the carrier or conference and
      any rules that in any way change, affect, or determine any part
      or the total of the rates or charges;
        (5) include sample copies of any bill of lading, contract of
      affreightment, or other document evidencing the transportation
      agreement; and
        (6) include copies of any loyalty contract, omitting the
      shipper's name.

      (c) Electronic Access. - A tariff under subsection (a) shall be
    made available electronically to any person, without time,
    quantity, or other limitation, through appropriate access from
    remote locations. A reasonable fee may be charged for such access,
    except that no fee may be charged for access by a Federal agency.
      (d) Time-Volume Rates. - A rate contained in a tariff under
    subsection (a) may vary with the volume of cargo offered over a
    specified period of time.
      (e) Effective Dates. - 
        (1) Increases. - A new or initial rate or change in an existing
      rate that results in an increased cost to a shipper may not
      become effective earlier than 30 days after publication. However,
      for good cause, the Federal Maritime Commission may allow the
      rate to become effective sooner.
        (2) Decreases. - A change in an existing rate that results in a
      decreased cost to a shipper may become effective on publication.

      (f) Marine Terminal Operator Schedules. - A marine terminal
    operator may make available to the public a schedule of rates,
    regulations, and practices, including limitations of liability for
    cargo loss or damage, pertaining to receiving, delivering,
    handling, or storing property at its marine terminal. Any such
    schedule made available to the public is enforceable by an
    appropriate court as an implied contract without proof of actual
    knowledge of its provisions.
      (g) Regulations. - 
        (1) In general. - The Commission shall by regulation prescribe
      the requirements for the accessibility and accuracy of automated
      tariff systems established under this section. The Commission,
      after periodic review, may prohibit the use of any automated
      tariff system that fails to meet the requirements established
      under this section.
        (2) Remote terminals. - The Commission may not require a common
      carrier to provide a remote terminal for electronic access under
      subsection (c).
        (3) Marine terminal operator schedules. - The Commission shall
      by regulation prescribe the form and manner in which marine
      terminal operator schedules authorized by this section shall be
      published.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1532.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40501(a)       46 App.:1707(a)(1)      Pub. L. 98-237, Sec. 8(a),   
                    (1st, 2d sentences).     (b), (d), (f), (g), Mar. 20,
                                            1984, 98 Stat. 74; Pub. L.  
                                            105-258, title I, Sec.      
                                            106(a), (c), (e), (f), Oct. 
                                            14, 1998, 112 Stat. 1905,   
                                            1907.                       
    40501(b)       46 App.:1707(a)(1)                                   
                    (last sentence).                                    
    40501(c)       46 App.:1707(a)(2).                                  
    40501(d)       46 App.:1707(b).                                     
    40501(e)       46 App.:1707(d).                                     
    40501(f)       46 App.:1707(f).                                     
    40501(g)       46 App.:1707(g).                                     
    --------------------------------------------------------------------

      In subsection (b)(3), the words "ocean freight forwarder" are
    substituted for "ocean transportation intermediary, as defined in
    section 1702(17)(A) of this Appendix" because the definition of
    "ocean transportation intermediary" in section 1702(17)(A) contains
    a definition of "ocean freight forwarder" which is restated as a
    separate definition.
      In subsection (e), the word "calendar" is omitted as unnecessary.
      In subsection (f)(1), the words "subject to section 1709(d) of
    this Appendix" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 40502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 405 - TARIFFS, SERVICE CONTRACTS, REFUNDS, AND WAIVERS

-HEAD-
    Sec. 40502. Service contracts

-STATUTE-
      (a) In General. - An individual ocean common carrier or an
    agreement between or among ocean common carriers may enter into a
    service contract with one or more shippers subject to the
    requirements of this part.
      (b) Filing Requirements. - 
        (1) In general. - Each service contract entered into under this
      section by an individual ocean common carrier or an agreement
      shall be filed confidentially with the Federal Maritime
      Commission.
        (2) Exceptions. - Paragraph (1) does not apply to contracts
      regarding bulk cargo, forest products, recycled metal scrap, new
      assembled motor vehicles, waste paper, or paper waste.

      (c) Essential Terms. - Each service contract shall include - 
        (1) the origin and destination port ranges;
        (2) the origin and destination geographic areas in the case of
      through intermodal movements;
        (3) the commodities involved;
        (4) the minimum volume or portion;
        (5) the line-haul rate;
        (6) the duration;
        (7) service commitments; and
        (8) the liquidated damages for nonperformance, if any.

      (d) Publication of Certain Terms. - When a service contract is
    filed confidentially with the Commission, a concise statement of
    the essential terms specified in paragraphs (1), (3), (4), and (6)
    of subsection (c) shall be published and made available to the
    general public in tariff format.
      (e) Disclosure of Certain Terms. - 
        (1) Definitions. - In this subsection, the terms "dock area"
      and "within the port area" have the same meaning and scope as in
      the applicable collective bargaining agreement between the
      requesting labor organization and the carrier.
        (2) Disclosure. - An ocean common carrier that is a party to or
      is otherwise subject to a collective bargaining agreement with a
      labor organization shall, in response to a written request by the
      labor organization, state whether it is responsible for the
      following work at a dock area or within a port area in the United
      States with respect to cargo transportation under a service
      contract:
          (A) The movement of the shipper's cargo on a dock area or
        within the port area or to or from railroad cars on a dock area
        or within the port area.
          (B) The assignment of intraport carriage of the shipper's
        cargo between areas on a dock or within the port area.
          (C) The assignment of the carriage of the shipper's cargo
        between a container yard on a dock area or within the port area
        and a rail yard adjacent to the container yard.
          (D) The assignment of container freight station work and
        container maintenance and repair work performed at a dock area
        or within the port area.

        (3) Within reasonable time. - The common carrier shall provide
      the information described in paragraph (2) to the requesting
      labor organization within a reasonable period of time.
        (4) Existence of collective bargaining agreement. - This
      subsection does not require the disclosure of information by an
      ocean common carrier unless there exists an applicable and
      otherwise lawful collective bargaining agreement pertaining to
      that carrier. A disclosure by an ocean common carrier may not be
      deemed an admission or an agreement that any work is covered by a
      collective bargaining agreement. A dispute about whether any work
      is covered by a collective bargaining agreement and the
      responsibility of an ocean common carrier under a collective
      bargaining agreement shall be resolved solely in accordance with
      the dispute resolution procedures contained in the collective
      bargaining agreement and the National Labor Relations Act (29
      U.S.C. 151 et seq.), and without reference to this subsection.
        (5) Effect under other laws. - This subsection does not affect
      the lawfulness or unlawfulness under this part or any other
      Federal or State law of any collective bargaining agreement or
      element thereof, including any element that constitutes an
      essential term of a service contract.

      (f) Remedy for Breach. - Unless the parties agree otherwise, the
    exclusive remedy for a breach of a service contract is an action in
    an appropriate court. The contract dispute resolution forum may not
    be controlled by or in any way affiliated with a controlled carrier
    or by the government that owns or controls the carrier.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1533.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40502(a)       46 App.:1707(c)(1)      Pub. L. 98-237, Sec. 8(c),   
                    (1st sentence).         Mar. 20, 1984, 98 Stat. 75; 
                                            restated Pub. L. 105-258,   
                                            title I, Sec. 106(b), Oct.  
                                            14, 1998, 112 Stat. 1905.   
    40502(b)       46 App.:1707(c)(2)                                   
                    (1st sentence).                                     
    40502(c)       46 App.:1707(c)(2)                                   
                    (last sentence).                                    
    40502(d)       46 App.:1707(c)(3).                                  
    40502(e)       46 App.:1707(c)(4).                                  
    40502(f)       46 App.:1707(c)(1)                                   
                    (2d, last                                           
                    sentences).                                         
    --------------------------------------------------------------------

      In subsection (e)(5), the words "the National Labor Relations Act
    [29 U.S.C. 151 et seq.], the Taft-Hartley Act [29 U.S.C. 141 et
    seq.], the Federal Trade Commission Act [15 U.S.C. 41 et seq.], the
    antitrust laws" are omitted as unnecessary because of the reference
    to "any other Federal or State law".

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Labor Relations Act, referred to in subsec. (e)(4),
    is act July 5, 1935, ch. 372, 49 Stat. 449, which is classified
    generally to subchapter II (Sec. 151 et seq.) of chapter 7 of Title
    29, Labor. For complete classification of this Act to the Code, see
    section 167 of Title 29 and Tables.

-End-



-CITE-
    46 USC Sec. 40503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 405 - TARIFFS, SERVICE CONTRACTS, REFUNDS, AND WAIVERS

-HEAD-
    Sec. 40503. Refunds and waivers

-STATUTE-
      The Federal Maritime Commission, on application of a carrier or
    shipper, may permit a common carrier or conference to refund a
    portion of the freight charges collected from a shipper, or to
    waive collection of a portion of the charges from a shipper, if - 
        (1) there is an error in a tariff, a failure to publish a new
      tariff, or an error in quoting a tariff, and the refund or waiver
      will not result in discrimination among shippers, ports, or
      carriers;
        (2) the common carrier or conference, before filing an
      application for authority to refund or waive any charges for an
      error in a tariff or a failure to publish a tariff, has published
      a new tariff setting forth the rate on which the refund or waiver
      would be based; and
        (3) the application for the refund or waiver is filed with the
      Commission within 180 days from the date of shipment.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1535.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40503          46 App.:1707(e).        Pub. L. 98-237, Sec. 8(e),   
                                            Mar. 20, 1984, 98 Stat. 75; 
                                            Pub. L. 105-258, title I,   
                                            Sec. 106(d), Oct. 14, 1998, 
                                            112 Stat. 1907.             
    --------------------------------------------------------------------

      In paragraph (1), the words "an error in a tariff, a failure to
    publish a new tariff" are substituted for "an error in a, in
    failing to publish a new tariff" to correct an obvious error in the
    underlying statute.
      In paragraph (2), the words "or waive" are added for consistency
    with the reference to a waiver later in the paragraph.

-End-


-CITE-
    46 USC CHAPTER 407 - CONTROLLED CARRIERS                    01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 407 - CONTROLLED CARRIERS

-HEAD-
                     CHAPTER 407 - CONTROLLED CARRIERS                 

-MISC1-
    Sec.                                                     
    40701.      Rates.                                                
    40702.      Rate standards.                                       
    40703.      Effective date of rates.                              
    40704.      Commission review.                                    
    40705.      Presidential review of Commission orders.             
    40706.      Exceptions.                                           

-End-



-CITE-
    46 USC Sec. 40701                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 407 - CONTROLLED CARRIERS

-HEAD-
    Sec. 40701. Rates

-STATUTE-
      (a) In General. - A controlled carrier may not - 
        (1) maintain a rate or charge in a tariff or service contract,
      or charge or assess a rate, that is below a just and reasonable
      level; or
        (2) establish, maintain, or enforce in a tariff or service
      contract a classification, rule, or regulation that results, or
      is likely to result, in the carriage or handling of cargo at a
      rate or charge that is below a just and reasonable level.

      (b) Commission Prohibition. - The Federal Maritime Commission, at
    any time after notice and opportunity for a hearing, may prohibit
    the publication or use of a rate, charge, classification, rule, or
    regulation that a controlled carrier has failed to demonstrate is
    just and reasonable.
      (c) Burden of Proof. - In a proceeding under this section, the
    burden of proof is on the controlled carrier to demonstrate that
    its rate, charge, classification, rule, or regulation is just and
    reasonable.
      (d) Voidness. - A rate, charge, classification, rule, or
    regulation that has been suspended or prohibited by the Commission
    is void and its use is unlawful.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1535.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40701          46 App.:1708(a).        Pub. L. 98-237, Sec. 9(a),   
                                            Mar. 20, 1984, 98 Stat. 76; 
                                            Pub. L. 102-100, Sec. 5(a), 
                                            Aug. 17, 1991, 105 Stat.    
                                            492; Pub. L. 105-258, title 
                                            I, Sec. 108(1)-(4), Oct. 14,
                                            1998, 112 Stat. 1908.       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 40702                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 407 - CONTROLLED CARRIERS

-HEAD-
    Sec. 40702. Rate standards

-STATUTE-
      (a) Definition. - In this section, the term "constructive costs"
    means the costs of another carrier, other than a controlled
    carrier, operating similar vessels and equipment in the same or a
    similar trade.
      (b) Standards. - In determining whether a rate, charge,
    classification, rule, or regulation of a controlled carrier is just
    and reasonable, the Federal Maritime Commission - 
        (1) shall take into account whether the rate or charge that has
      been published or assessed, or that would result from the
      pertinent classification, rule, or regulation, is below a level
      that is fully compensatory to the controlled carrier based on the
      carrier's actual costs or constructive costs; and
        (2) may take into account other appropriate factors, including
      whether the rate, charge, classification, rule, or regulation is -
       
          (A) the same as, or similar to, those published or assessed
        by other carriers in the same trade;
          (B) required to ensure movement of particular cargo in the
        same trade; or
          (C) required to maintain acceptable continuity, level, or
        quality of common carrier service to or from affected ports.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1536.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40702          46 App.:1708(b).        Pub. L. 98-237, Sec. 9(b),   
                                            Mar. 20, 1984, 98 Stat. 76; 
                                            Pub. L. 105-258, title I,   
                                            Sec. 108(5)-(7), Oct. 14,   
                                            1998, 112 Stat. 1908.       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 40703                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 407 - CONTROLLED CARRIERS

-HEAD-
    Sec. 40703. Effective date of rates

-STATUTE-
      Notwithstanding section 40501(e) of this title and except for
    service contracts, a rate, charge, classification, rule, or
    regulation of a controlled carrier may not become effective,
    without special permission of the Federal Maritime Commission,
    until the 30th day after publication.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1536.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40703          46 App.:1708(c)         Pub. L. 98-237, Sec. 9(c)    
                    (1st sentence).         (1st sentence), Mar. 20,    
                                            1984, 98 Stat. 76; Pub. L.  
                                            102-100, Sec. 5(b), Aug. 17,
                                            1991, 105 Stat. 492; Pub. L.
                                            105-258, title I, Sec.      
                                            108(8), Oct. 14, 1998, 112  
                                            Stat. 1908.                 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 40704                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 407 - CONTROLLED CARRIERS

-HEAD-
    Sec. 40704. Commission review

-STATUTE-
      (a) Request for Justification. - On request of the Federal
    Maritime Commission, a controlled carrier shall file with the
    Commission, within 20 days of the request, a statement of
    justification that sufficiently details the carrier's need and
    purpose for an existing or proposed rate, charge, classification,
    rule, or regulation and upon which the Commission may reasonably
    base a determination of its lawfulness.
      (b) Determination. - Within 120 days after receipt of information
    requested under subsection (a), the Commission shall determine
    whether the rate, charge, classification, rule, or regulation may
    be unjust and unreasonable.
      (c) Show Cause Order. - Whenever the Commission is of the opinion
    that a rate, charge, classification, rule, or regulation published
    or assessed by a controlled carrier may be unjust and unreasonable,
    the Commission shall issue an order to the controlled carrier to
    show cause why the rate, charge, classification, rule, or
    regulation should not be prohibited.
      (d) Suspension Pending Determination. - 
        (1) Not yet effective. - Pending a determination of the
      lawfulness of a rate, charge, classification, rule, or regulation
      in a proceeding under subsection (c), the Commission may suspend
      the rate, charge, classification, rule, or regulation at any time
      before its effective date.
        (2) Already effective. - If a rate, charge, classification,
      rule, or regulation has already become effective, the Commission,
      on issuance of an order to show cause, may suspend the rate,
      charge, classification, rule, or regulation on at least 30 days'
      notice to the controlled carrier.
        (3) Maximum suspension. - A period of suspension under this
      subsection may not exceed 180 days.

      (e) Replacement During Suspension. - Whenever the Commission has
    suspended a rate, charge, classification, rule, or regulation under
    this section, the controlled carrier may publish a new rate,
    charge, classification, rule, or regulation to take effect
    immediately during the suspension in lieu of the suspended rate,
    charge, classification, rule, or regulation. However, the
    Commission may reject the new rate, charge, classification, rule,
    or regulation if the Commission believes it is unjust and
    unreasonable.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1536.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40704          46 App.:1708(c)         Pub. L. 98-237, Sec. 9(c)    
                    (last sentence),        (last sentence), (d), Mar.  
                    (d).                    20, 1984, 98 Stat. 76; Pub. 
                                            L. 105-258, title I, Sec.   
                                            108(9)-(15), Oct. 14, 1998, 
                                            112 Stat. 1908.             
    --------------------------------------------------------------------

      In subsection (d)(1), the words "in a proceeding under subsection
    (c)" are substituted for "in such a proceeding" for clarity.

-End-



-CITE-
    46 USC Sec. 40705                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 407 - CONTROLLED CARRIERS

-HEAD-
    Sec. 40705. Presidential review of Commission orders

-STATUTE-
      (a) Transmission to President. - The Federal Maritime Commission
    shall transmit to the President, concurrently with publication
    thereof, each order of suspension or final order of prohibition
    issued under section 40704 of this title.
      (b) Presidential Request and Commission Action. - Within 10 days
    after receipt or the effective date of a Commission order referred
    to in subsection (a), the President, in writing, may request the
    Commission to stay the effect of the order if the President finds
    that the stay is required for reasons of national defense or
    foreign policy. The reasons shall be specified in the request. The
    Commission shall immediately grant the request by issuing an order
    in which the President's request shall be described. During a stay,
    the President shall, whenever practicable, attempt to resolve the
    matter by negotiating with representatives of the applicable
    foreign governments.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1537.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40705          46 App.:1708(e).        Pub. L. 98-237, Sec. 9(e),   
                                            Mar. 20, 1984, 98 Stat. 77; 
                                            Pub. L. 105-258, title I,   
                                            Sec. 108(16), Oct. 14, 1998,
                                            112 Stat. 1909.             
    --------------------------------------------------------------------

      In subsection (b), the words "Notwithstanding any other law" are
    omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 40706                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 407 - CONTROLLED CARRIERS

-HEAD-
    Sec. 40706. Exceptions

-STATUTE-
      This chapter does not apply to - 
        (1) a controlled carrier of a foreign country whose vessels are
      entitled by a treaty of the United States to receive national or
      most-favored-nation treatment; or
        (2) a trade served only by controlled carriers.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1537.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40706          46 App.:1708(f).        Pub. L. 98-237, Sec. 9(f),   
                                            Mar. 20, 1984, 98 Stat. 77; 
                                            Pub. L. 105-258, title I,   
                                            Sec. 108(17)-(19), Oct. 14, 
                                            1998, 112 Stat. 1909.       
    --------------------------------------------------------------------

      In paragraph (1), the words "foreign country" are substituted for
    "state" for clarity and consistency.

-End-


-CITE-
    46 USC CHAPTER 409 - OCEAN TRANSPORTATION INTERMEDIARIES    01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 409 - OCEAN TRANSPORTATION INTERMEDIARIES

-HEAD-
             CHAPTER 409 - OCEAN TRANSPORTATION INTERMEDIARIES         

-MISC1-
    Sec.                                                     
    40901.      License requirement.                                  
    40902.      Financial responsibility.                             
    40903.      Suspension or revocation of license.                  
    40904.      Compensation by common carriers.                      

-End-



-CITE-
    46 USC Sec. 40901                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 409 - OCEAN TRANSPORTATION INTERMEDIARIES

-HEAD-
    Sec. 40901. License requirement

-STATUTE-
      (a) In General. - A person in the United States may not act as an
    ocean transportation intermediary unless the person holds an ocean
    transportation intermediary's license issued by the Federal
    Maritime Commission. The Commission shall issue a license to a
    person that the Commission determines to be qualified by experience
    and character to act as an ocean transportation intermediary.
      (b) Exception. - A person whose primary business is the sale of
    merchandise may forward shipments of the merchandise for its own
    account without an ocean transportation intermediary's license.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1538.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40901(a)       46 App.:1718(a).        Pub. L. 98-237, Sec. 19(a),  
                                            (d), Mar. 20, 1984, 98 Stat.
                                            87, 88; Pub. L. 105-258,    
                                            title I, Sec. 116, Oct. 14, 
                                            1998, 112 Stat. 1912.       
    40901(b)       46 App.:1718(d).                                     
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 40902                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 409 - OCEAN TRANSPORTATION INTERMEDIARIES

-HEAD-
    Sec. 40902. Financial responsibility

-STATUTE-
      (a) In General. - A person may not act as an ocean transportation
    intermediary unless the person furnishes a bond, proof of
    insurance, or other surety - 
        (1) in a form and amount determined by the Federal Maritime
      Commission to insure financial responsibility; and
        (2) issued by a surety company found acceptable by the
      Secretary of the Treasury.

      (b) Scope of Financial Responsibility. - A bond, insurance, or
    other surety obtained under this section - 
        (1) shall be available to pay any penalty assessed under
      section 41109 of this title or any order for reparation issued
      under section 41305 of this title;
        (2) may be available to pay any claim against an ocean
      transportation intermediary arising from its transportation-
      related activities - 
          (A) with the consent of the insured ocean transportation
        intermediary and subject to review by the surety company; or
          (B) when the claim is deemed valid by the surety company
        after the ocean transportation intermediary has failed to
        respond to adequate notice to address the validity of the
        claim; and

        (3) shall be available to pay any judgment for damages against
      an ocean transportation intermediary arising from its
      transportation-related activities, if the claimant has first
      attempted to resolve the claim under paragraph (2) and the claim
      has not been resolved within a reasonable period of time.

      (c) Regulations on Court Judgments. - The Commission shall
    prescribe regulations for the purpose of protecting the interests
    of claimants, ocean transportation intermediaries, and surety
    companies with respect to the process of pursuing claims against
    ocean transportation intermediary bonds, insurance, or sureties
    through court judgments. The regulations shall provide that a
    judgment for monetary damages may not be enforced except to the
    extent that the damages claimed arise from the transportation-
    related activities of the insured ocean transportation
    intermediary, as defined by the Commission.
      (d) Resident Agent. - An ocean transportation intermediary not
    domiciled in the United States shall designate a resident agent in
    the United States for receipt of service of judicial and
    administrative process, including subpoenas.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1538.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40902          46 App.:1718(b).        Pub. L. 98-237, Sec. 19(b),  
                                            Mar. 20, 1984; added Pub. L.
                                            105-258, title I, Sec.      
                                            116(4), Oct. 14, 1998, 112  
                                            Stat. 1913.                 
    --------------------------------------------------------------------

      In subsection (b), in paragraphs (2) and (3), the words
    "described in section 1702(17) of this Appendix" are omitted as
    unnecessary.

-End-



-CITE-
    46 USC Sec. 40903                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 409 - OCEAN TRANSPORTATION INTERMEDIARIES

-HEAD-
    Sec. 40903. Suspension or revocation of license

-STATUTE-
      (a) Failure To Maintain Qualifications or To Comply. - The
    Federal Maritime Commission, after notice and opportunity for a
    hearing, shall suspend or revoke an ocean transportation
    intermediary's license if the Commission finds that the ocean
    transportation intermediary - 
        (1) is not qualified to provide intermediary services; or
        (2) willfully failed to comply with a provision of this part or
      with an order or regulation of the Commission.

      (b) Failure To Maintain Bond, Proof of Insurance, or Other
    Surety. - The Commission may revoke an ocean transportation
    intermediary's license for failure to maintain a bond, proof of
    insurance, or other surety as required by section 40902(a) of this
    title.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1539.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40903          46 App.:1718(c).        Pub. L. 98-237, Sec. 19(c),  
                                            Mar. 20, 1984, 98 Stat. 88; 
                                            Pub. L. 105-258, title I,   
                                            Sec. 116, Oct. 14, 1998, 112
                                            Stat. 1912.                 
    --------------------------------------------------------------------

      In subsection (a)(2), the words "lawful" and "rule" are omitted
    as unnecessary.

-End-



-CITE-
    46 USC Sec. 40904                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 409 - OCEAN TRANSPORTATION INTERMEDIARIES

-HEAD-
    Sec. 40904. Compensation by common carriers

-STATUTE-
      (a) Certification of License and Services. - A common carrier may
    compensate an ocean freight forwarder for a shipment dispatched for
    others only when the ocean freight forwarder has certified in
    writing that it holds an ocean transportation intermediary's
    license (if required under section 40901 of this title) and has - 
        (1) engaged, booked, secured, reserved, or contracted directly
      with the carrier or its agent for space aboard a vessel or
      confirmed the availability of the space; and
        (2) prepared and processed the ocean bill of lading, dock
      receipt, or other similar document for the shipment.

      (b) Dual Compensation. - A common carrier may not pay
    compensation for services described in subsection (a) more than
    once on the same shipment.
      (c) Beneficial Interest Shipments. - An ocean freight forwarder
    may not receive compensation from a common carrier for a shipment
    in which the ocean freight forwarder has a direct or indirect
    beneficial interest. A common carrier may not knowingly pay
    compensation on that shipment.
      (d) Limits on Authority of Conference or Group. - A conference or
    group of two or more ocean common carriers in the foreign commerce
    of the United States that is authorized to agree on the level of
    compensation paid to an ocean freight forwarder may not - 
        (1) deny a member of the conference or group the right, upon
      notice of not more than 5 days, to take independent action on any
      level of compensation paid to an ocean freight forwarder; or
        (2) agree to limit the payment of compensation to an ocean
      freight forwarder to less than 1.25 percent of the aggregate of
      all rates and charges applicable under a tariff and assessed
      against the cargo on which the services of the ocean freight
      forwarder are provided.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1539.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40904          46 App.:1718(e).        Pub. L. 98-237, Sec. 19(e),  
                                            Mar. 20, 1984, 98 Stat. 88; 
                                            Pub. L. 105-258, title I,   
                                            Sec. 116, Oct. 14, 1998, 112
                                            Stat. 1912.                 
    --------------------------------------------------------------------

      In this section, the words "ocean freight forwarder" are
    substituted for "ocean transportation intermediary, as defined in
    section 1702(17)(A) of this Appendix" and "ocean transportation
    intermediary" because the definition of "ocean transportation
    intermediary" in section 1702(17)(A) contains a definition of
    "ocean freight forwarder" which is restated as a separate
    definition.
      In subsection (d)(1), the word "calendar" is omitted as
    unnecessary.

-End-


-CITE-
    46 USC CHAPTER 411 - PROHIBITIONS AND PENALTIES             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 411 - PROHIBITIONS AND PENALTIES

-HEAD-
                 CHAPTER 411 - PROHIBITIONS AND PENALTIES             

-MISC1-
    Sec.                                                     
    41101.      Joint ventures and consortiums.                       
    41102.      General prohibitions.                                 
    41103.      Disclosure of information.                            
    41104.      Common carriers.                                      
    41105.      Concerted action.                                     
    41106.      Marine terminal operators.                            
    41107.      Monetary penalties.                                   
    41108.      Additional penalties.                                 
    41109.      Assessment of penalties.                              

-End-



-CITE-
    46 USC Sec. 41101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 411 - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 41101. Joint ventures and consortiums

-STATUTE-
      In this chapter, a joint venture or consortium of two or more
    common carriers operating as a single entity is deemed to be a
    single common carrier.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1540.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41101          46 App.:1709(e).        Pub. L. 98-237, Sec. 10(e),  
                                            Mar. 20, 1984, 98 Stat. 80. 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 41102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 411 - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 41102. General prohibitions

-STATUTE-
      (a) Obtaining Transportation at Less Than Applicable Rates. - A
    person may not knowingly and willfully, directly or indirectly, by
    means of false billing, false classification, false weighing, false
    report of weight, false measurement, or any other unjust or unfair
    device or means, obtain or attempt to obtain ocean transportation
    for property at less than the rates or charges that would otherwise
    apply.
      (b) Operating Contrary to Agreement. - A person may not operate
    under an agreement required to be filed under section 40302 or
    40305 of this title if - 
        (1) the agreement has not become effective under section 40304
      of this title or has been rejected, disapproved, or canceled; or
        (2) the operation is not in accordance with the terms of the
      agreement or any modifications to the agreement made by the
      Federal Maritime Commission.

      (c) Practices in Handling Property. - A common carrier, marine
    terminal operator, or ocean transportation intermediary may not
    fail to establish, observe, and enforce just and reasonable
    regulations and practices relating to or connected with receiving,
    handling, storing, or delivering property.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1540.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41102(a)       46 App.:1709(a)(1).     Pub. L. 98-237, Sec. 10(a),  
                                            Mar. 20, 1984, 98 Stat. 77. 
    41102(b)       46 App.:1709(a)(2),                                  
                    (3).                                                
    41102(c)       46 App.:1709(d)(1).     Pub. L. 98-237, Sec.         
                                            10(d)(1), Mar. 20, 1984, 98 
                                            Stat. 77; Pub. L. 105-258,  
                                            title I, Sec. 109(c)(2),    
                                            Oct. 14, 1998, 112 Stat.    
                                            1909.                       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 41103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 411 - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 41103. Disclosure of information

-STATUTE-
      (a) Prohibition. - A common carrier, marine terminal operator, or
    ocean freight forwarder, either alone or in conjunction with any
    other person, directly or indirectly, may not knowingly disclose,
    offer, solicit, or receive any information concerning the nature,
    kind, quantity, destination, consignee, or routing of any property
    tendered or delivered to a common carrier, without the consent of
    the shipper or consignee, if the information - 
        (1) may be used to the detriment or prejudice of the shipper,
      the consignee, or any common carrier; or
        (2) may improperly disclose its business transaction to a
      competitor.

      (b) Exceptions. - Subsection (a) does not prevent providing the
    information - 
        (1) in response to legal process;
        (2) to the Federal Maritime Commission or an agency of the
      United States Government; or
        (3) to an independent neutral body operating within the scope
      of its authority to fulfill the policing obligations of the
      parties to an agreement effective under this part.

      (c) Disclosure for Determining Breach or Compiling Statistics. -
    An ocean common carrier that is a party to a conference agreement
    approved under this part, a receiver, trustee, lessee, agent, or
    employee of the carrier, or any other person authorized by the
    carrier to receive information - 
        (1) may give information to the conference or any person or
      agency designated by the conference, for the purpose of - 
          (A) determining whether a shipper or consignee has breached
        an agreement with the conference or its member lines;
          (B) determining whether a member of the conference has
        breached the conference agreement; or
          (C) compiling statistics of cargo movement; and

        (2) may not prevent the conference or its designee from
      soliciting or receiving information for any of those purposes.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1540.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41103(a)       46                      Pub. L. 98-237, Sec.         
                    App.:1709(b)(13),       10(b)(13), (words after cl. 
                    (d)(3) (related to      (13)), (d)(3) (related to   
                    (b)(13)), (5).          (b)(13)), (5), Mar. 20,     
                                            1984, 98 Stat. 79, 80; Pub. 
                                            L. 101-595, title VII, Sec. 
                                            710(c)(1), (2), Nov. 16,    
                                            1990, 104 Stat. 2997; Pub.  
                                            L. 105-258, title I, Sec.   
                                            109(a)(10), (11), (16),     
                                            (17), (c)(3), Oct. 14, 1998,
                                            112 Stat. 1910, 1911.       
    41103(b)       46 App.:1709(b)                                      
                    (next-to-last                                       
                    sentence).                                          
    41103(c)       46 App.:1709(b)                                      
                    (last sentence).                                    
    --------------------------------------------------------------------

      In subsection (a), the words "marine terminal operator, or ocean
    freight forwarder" are added because of 46 App. U.S.C. 1709(d)(3)
    and (5). The words "ocean freight forwarder" are substituted for
    "ocean transportation intermediaries, as defined by section
    1702(17)(A) of this Appendix" in 46 App. U.S.C. 1709(d)(5) because
    the definition of "ocean transportation intermediary" in section
    1702(17)(A) contains a definition of "ocean freight forwarder"
    which is restated as a separate definition.
      In subsection (b), the words "does not prevent" are substituted
    for "Nothing . . . shall be construed to prevent" to eliminate
    unnecessary words.
      In subsection (c)(1), the words "may give information" are
    substituted for "Nor shall it be prohibited . . . to give
    information" to eliminate unnecessary words. The words "firm,
    corporation" are omitted as unnecessary because firms and
    corporations are persons.
      In subsection (c)(2), the words "may not prevent" are substituted
    for "Nor shall it be prohibited . . . to prevent" to reflect the
    probable intent of Congress. The words "but the use of such
    information for any other purpose prohibited by this chapter or any
    other Act is prohibited" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 41104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 411 - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 41104. Common carriers

-STATUTE-
      A common carrier, either alone or in conjunction with any other
    person, directly or indirectly, may not - 
        (1) allow a person to obtain transportation for property at
      less than the rates or charges established by the carrier in its
      tariff or service contract by means of false billing, false
      classification, false weighing, false measurement, or any other
      unjust or unfair device or means;
        (2) provide service in the liner trade that is - 
          (A) not in accordance with the rates, charges,
        classifications, rules, and practices contained in a tariff
        published or a service contract entered into under chapter 405
        of this title, unless excepted or exempted under section 40103
        or 40501(a)(2) of this title; or
          (B) under a tariff or service contract that has been
        suspended or prohibited by the Federal Maritime Commission
        under chapter 407 or 423 of this title;

        (3) retaliate against a shipper by refusing, or threatening to
      refuse, cargo space accommodations when available, or resort to
      other unfair or unjustly discriminatory methods because the
      shipper has patronized another carrier, or has filed a complaint,
      or for any other reason;
        (4) for service pursuant to a tariff, engage in any unfair or
      unjustly discriminatory practice in the matter of - 
          (A) rates or charges;
          (B) cargo classifications;
          (C) cargo space accommodations or other facilities, with due
        regard being given to the proper loading of the vessel and the
        available tonnage;
          (D) loading and landing of freight; or
          (E) adjustment and settlement of claims;

        (5) for service pursuant to a service contract, engage in any
      unfair or unjustly discriminatory practice in the matter of rates
      or charges with respect to any port;
        (6) use a vessel in a particular trade for the purpose of
      excluding, preventing, or reducing competition by driving another
      ocean common carrier out of that trade;
        (7) offer or pay any deferred rebates;
        (8) for service pursuant to a tariff, give any undue or
      unreasonable preference or advantage or impose any undue or
      unreasonable prejudice or disadvantage;
        (9) for service pursuant to a service contract, give any undue
      or unreasonable preference or advantage or impose any undue or
      unreasonable prejudice or disadvantage with respect to any port;
        (10) unreasonably refuse to deal or negotiate;
        (11) knowingly and willfully accept cargo from or transport
      cargo for the account of an ocean transportation intermediary
      that does not have a tariff as required by section 40501 of this
      title and a bond, insurance, or other surety as required by
      section 40902 of this title; or
        (12) knowingly and willfully enter into a service contract with
      an ocean transportation intermediary that does not have a tariff
      as required by section 40501 of this title and a bond, insurance,
      or other surety as required by section 40902 of this title, or
      with an affiliate of such an ocean transportation intermediary.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1541.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41104          46 App.:1709(b)         Pub. L. 98-237, Sec.         
                    (1)-(12).               10(b)(1)-(12), Mar. 20,     
                                            1984, 98 Stat. 77; Pub. L.  
                                            101-595, title VII, Sec.    
                                            710(c), Nov. 16, 1990, 104  
                                            Stat. 2997; Pub. L. 102-251,
                                            title II, Sec. 201(b), Mar. 
                                            9, 1992, 106 Stat. 60; Pub. 
                                            L. 105-258, title I, Sec.   
                                            109(a), Oct. 14, 1998, 112  
                                            Stat. 1909; Pub. L. 105-383,
                                            title IV, Sec. 424(b), Nov. 
                                            13, 1998, 112 Stat. 3441.   
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 41105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 411 - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 41105. Concerted action

-STATUTE-
      A conference or group of two or more common carriers may not - 
        (1) boycott or take any other concerted action resulting in an
      unreasonable refusal to deal;
        (2) engage in conduct that unreasonably restricts the use of
      intermodal services or technological innovations;
        (3) engage in any predatory practice designed to eliminate the
      participation, or deny the entry, in a particular trade of a
      common carrier not a member of the conference, a group of common
      carriers, an ocean tramp, or a bulk carrier;
        (4) negotiate with a non-ocean carrier or group of non-ocean
      carriers (such as truck, rail, or air operators) on any matter
      relating to rates or services provided to ocean common carriers
      within the United States by those non-ocean carriers, unless the
      negotiations and any resulting agreements are not in violation of
      the antitrust laws and are consistent with the purposes of this
      part, except that this paragraph does not prohibit the setting
      and publishing of a joint through rate by a conference, joint
      venture, or association of ocean common carriers;
        (5) deny in the export foreign commerce of the United States
      compensation to an ocean freight forwarder or limit that
      compensation to less than a reasonable amount;
        (6) allocate shippers among specific carriers that are parties
      to the agreement or prohibit a carrier that is a party to the
      agreement from soliciting cargo from a particular shipper, except
      as - 
          (A) authorized by section 40303(d) of this title;
          (B) required by the law of the United States or the importing
        or exporting country; or
          (C) agreed to by a shipper in a service contract;

        (7) for service pursuant to a service contract, engage in any
      unjustly discriminatory practice in the matter of rates or
      charges with respect to any locality, port, or person due to the
      person's status as a shippers' association or ocean
      transportation intermediary; or
        (8) for service pursuant to a service contract, give any undue
      or unreasonable preference or advantage or impose any undue or
      unreasonable prejudice or disadvantage with respect to any
      locality, port, or person due to the person's status as a
      shippers' association or ocean transportation intermediary.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1542.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41105          46 App.:1709(c).        Pub. L. 98-237, Sec. 10(c),  
                                            Mar. 20, 1984, 98 Stat. 77; 
                                            Pub. L. 105-258, title I,   
                                            Sec. 109(b), Oct. 14, 1998, 
                                            112 Stat. 1910; Pub. L.     
                                            105-383, title IV, Sec.     
                                            424(b), Nov. 13, 1998, 112  
                                            Stat. 3441.                 
    --------------------------------------------------------------------

      In paragraph (5), the words "ocean freight forwarder" are
    substituted for "ocean transportation intermediary, as defined by
    section 1702(17)(A) of this Appendix" because the definition of
    "ocean transportation intermediary" in section 1702(17)(A) contains
    a definition of "ocean freight forwarder" which is restated as a
    separate definition.

-End-



-CITE-
    46 USC Sec. 41106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 411 - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 41106. Marine terminal operators

-STATUTE-
      A marine terminal operator may not - 
        (1) agree with another marine terminal operator or with a
      common carrier to boycott, or unreasonably discriminate in the
      provision of terminal services to, a common carrier or ocean
      tramp;
        (2) give any undue or unreasonable preference or advantage or
      impose any undue or unreasonable prejudice or disadvantage with
      respect to any person; or
        (3) unreasonably refuse to deal or negotiate.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1543.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41106(1)       46 App.:1709(d)(2).     Pub. L. 98-237, Sec.         
                                            10(d)(2), (3) (related to   
                                            (b)(10)), (4), Mar. 20,     
                                            1984, 98 Stat. 77; Pub. L.  
                                            105-258, title I, Sec.      
                                            109(c), Oct. 14, 1998, 112  
                                            Stat. 1910.                 
    41106(2)       46 App.:1709(d)(4).                                  
    41106(3)       46 App.:1709(d)(3)                                   
                    (related to                                         
                    (b)(10)).                                           
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 41107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 411 - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 41107. Monetary penalties

-STATUTE-
      (a) In General. - A person that violates this part or a
    regulation or order of the Federal Maritime Commission issued under
    this part is liable to the United States Government for a civil
    penalty. Unless otherwise provided in this part, the amount of the
    penalty may not exceed $5,000 for each violation or, if the
    violation was willfully and knowingly committed, $25,000 for each
    violation. Each day of a continuing violation is a separate
    violation.
      (b) Lien on Carrier's Vessels. - The amount of a civil penalty
    imposed on a common carrier under this section constitutes a lien
    on the vessels operated by the carrier. Any such vessel is subject
    to an action in rem to enforce the lien in the district court of
    the United States for the district in which it is found.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1543.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41107          46 App.:1712(a).        Pub. L. 98-237, Sec. 13(a),  
                                            Mar. 20, 1984, 98 Stat. 82; 
                                            Pub. L. 105-258, title I,   
                                            Sec. 112(a), Oct. 14, 1998, 
                                            112 Stat. 1911.             
    --------------------------------------------------------------------

      In subsection (b), the words "is subject to an action in rem to
    enforce the lien" are substituted for "may be libeled therefore" to
    modernize the language.

-End-



-CITE-
    46 USC Sec. 41108                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 411 - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 41108. Additional penalties

-STATUTE-
      (a) Suspension of Tariffs. - For a violation of section 41104(1),
    (2), or (7) of this title, the Federal Maritime Commission may
    suspend any or all tariffs of the common carrier, or that common
    carrier's right to use any or all tariffs of conferences of which
    it is a member, for a period not to exceed 12 months.
      (b) Operating Under Suspended Tariff. - A common carrier that
    accepts or handles cargo for carriage under a tariff that has been
    suspended, or after its right to use that tariff has been
    suspended, is liable to the United States Government for a civil
    penalty of not more than $50,000 for each shipment.
      (c) Failure To Provide Information. - 
        (1) Penalties. - If the Commission finds, after notice and
      opportunity for a hearing, that a common carrier has failed to
      supply information ordered to be produced or compelled by
      subpoena under section 41303 of this title, the Commission may - 
          (A) suspend any or all tariffs of the carrier or the
        carrier's right to use any or all tariffs of conferences of
        which it is a member; and
          (B) request the Secretary of Homeland Security to refuse or
        revoke any clearance required for a vessel operated by the
        carrier, and when so requested, the Secretary shall refuse or
        revoke the clearance.

        (2) Defense based on foreign law. - If, in defense of its
      failure to comply with a subpoena or discovery order, a common
      carrier alleges that information or documents located in a
      foreign country cannot be produced because of the laws of that
      country, the Commission shall immediately notify the Secretary of
      State of the failure to comply and of the allegation relating to
      foreign laws. On receiving the notification, the Secretary of
      State shall promptly consult with the government of the nation
      within which the information or documents are alleged to be
      located for the purpose of assisting the Commission in obtaining
      the information or documents.

      (d) Impairing Access to Foreign Trade. - If the Commission finds,
    after notice and opportunity for a hearing, that the action of a
    common carrier, acting alone or in concert with another person, or
    a foreign government has unduly impaired access of a vessel
    documented under the laws of the United States to ocean trade
    between foreign ports, the Commission shall take action that it
    finds appropriate, including imposing any of the penalties
    authorized by this section. The Commission also may take any of the
    actions authorized by sections 42304 and 42305 of this title.
      (e) Submission of Order to President. - Before an order under
    this section becomes effective, it shall be submitted immediately
    to the President. The President, within 10 days after receiving it,
    may disapprove it if the President finds that disapproval is
    required for reasons of national defense or foreign policy.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1543.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41108(a)       46 App.:1712(b)(1).     Pub. L. 98-237, Sec. 13(b),  
                                            Mar. 20, 1984, 98 Stat. 82; 
                                            Pub. L. 105-258, title I,   
                                            Sec. 112(b), Oct. 14, 1998, 
                                            112 Stat. 1911.             
    41108(b)       46 App.:1712(b)(3).                                  
    41108(c)       46 App.:1712(b)(2),                                  
                    (4), (5).                                           
    41108(d)       46 App.:1712(b)(6).                                  
                   46 App.:1710a(h)        Pub. L. 100-418, title X,    
                    (related to             Sec. 10002(h) (related to   
                    1712(b)(6)).            Sec. 13(b)(6)), Aug. 23,    
                                            1988, 102 Stat. 1572; Pub.  
                                            L. 105-258, title I, Sec.   
                                            111(7), Oct. 14, 1998, 112  
                                            Stat. 1911.                 
    41108(e)       46 App.:1712(b)(7).                                  
    --------------------------------------------------------------------

      In subsection (c)(1)(B), the words "Secretary of Homeland
    Security" are substituted for "Secretary of the Treasury" because
    the functions of the Secretary of the Treasury relating to the
    Customs Service were transferred to the Secretary of Homeland
    Security by section 403(1) of the Homeland Security Act of 2002
    (Pub. L. 107-296, 116 Stat. 2178).

-End-



-CITE-
    46 USC Sec. 41109                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 411 - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 41109. Assessment of penalties

-STATUTE-
      (a) General Authority. - Until a matter is referred to the
    Attorney General, the Federal Maritime Commission may, after notice
    and opportunity for a hearing, assess a civil penalty provided for
    in this part. The Commission may compromise, modify, or remit, with
    or without conditions, a civil penalty.
      (b) Factors in Determining Amount. - In determining the amount of
    a civil penalty, the Commission shall take into account the nature,
    circumstances, extent, and gravity of the violation committed and,
    with respect to the violator, the degree of culpability, history of
    prior offenses, ability to pay, and other matters justice may
    require.
      (c) Exception. - A civil penalty may not be imposed for
    conspiracy to violate section 41102(a) or 41104(1) or (2) of this
    title or to defraud the Commission by concealing such a violation.
      (d) Prohibited Basis of Penalty. - The Commission or a court may
    not order a person to pay the difference between the amount billed
    and agreed upon in writing with a common carrier or its agent and
    the amount set forth in a tariff or service contract by that common
    carrier for the transportation service provided.
      (e) Time Limit. - A proceeding to assess a civil penalty under
    this section must be commenced within 5 years after the date of the
    violation.
      (f) Review of Civil Penalty. - A person against whom a civil
    penalty is assessed under this section may obtain review under
    chapter 158 of title 28.
      (g) Civil Actions To Collect. - If a person does not pay an
    assessment of a civil penalty after it has become final or after
    the appropriate court has entered final judgment in favor of the
    Commission, the Attorney General at the request of the Commission
    may seek to collect the amount assessed in an appropriate district
    court of the United States. The court shall enforce the order of
    the Commission unless it finds that the order was not regularly
    made and duly issued.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1544.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41109(a)       46 App.:1712(c)         Pub. L. 98-237, Sec.         
                    (1st, last              13(c)-(f), Mar. 20, 1984, 98
                    sentences).             Stat. 82; Pub. L. 105-258,  
                                            title I, Sec. 112(c), Oct.  
                                            14, 1998, 112 Stat. 1912.   
    41109(b)       46 App.:1712(c) (2d                                  
                    sentence).                                          
    41109(c)       46 App.:1712(f)(1)                                   
                    (1st sentence).                                     
    41109(d)       46 App.:1712(f)(1)                                   
                    (last sentence).                                    
    41109(e)       46 App.:1712(f)(2).                                  
    41109(f)       46 App.:1712(d).                                     
    41109(g)       46 App.:1712(e).                                     
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 413 - ENFORCEMENT                            01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 413 - ENFORCEMENT

-HEAD-
                         CHAPTER 413 - ENFORCEMENT                     

-MISC1-
    Sec.                                                     
    41301.      Complaints.                                           
    41302.      Investigations.                                       
    41303.      Discovery and subpoenas.                              
    41304.      Hearings and orders.                                  
    41305.      Award of reparations.                                 
    41306.      Injunctive relief sought by complainants.             
    41307.      Injunctive relief sought by the Commission.           
    41308.      Enforcement of subpoenas and orders.                  
    41309.      Enforcement of reparation orders.                     

-End-



-CITE-
    46 USC Sec. 41301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 413 - ENFORCEMENT

-HEAD-
    Sec. 41301. Complaints

-STATUTE-
      (a) In General. - A person may file with the Federal Maritime
    Commission a sworn complaint alleging a violation of this part,
    except section 41307(b)(1). If the complaint is filed within 3
    years after the claim accrues, the complainant may seek reparations
    for an injury to the complainant caused by the violation.
      (b) Notice and Response. - The Commission shall provide a copy of
    the complaint to the person named in the complaint. Within a
    reasonable time specified by the Commission, the person shall
    satisfy the complaint or answer it in writing.
      (c) If Complaint Not Satisfied. - If the complaint is not
    satisfied, the Commission shall investigate the complaint in an
    appropriate manner and make an appropriate order.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1545.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41301(a)       46 App.:1710(a),        Pub. L. 98-237, Sec. 11(a),  
                    (g) (related to         (b), (g) (related to time   
                    time limit).            limit), Mar. 20, 1984, 98   
                                            Stat. 80; Pub. L. 98-595,   
                                            Sec. 3(b)(2), Oct. 30, 1984,
                                            98 Stat. 3132; Pub. L.      
                                            105-258, title I, Sec. 110, 
                                            Oct. 14, 1998, 112 Stat.    
                                            1911.                       
    41301(b)       46 App.:1710(b)                                      
                    (1st sentence).                                     
    41301(c)       46 App.:1710(b)                                      
                    (last sentence).                                    
    --------------------------------------------------------------------

      In subsection (a), the words "If the complaint is filed within 3
    years after the claim accrues" are substituted for "For any
    complaint filed within 3 years after the cause of action accrued"
    in 46 App. U.S.C. 1710(g) to alert the reader to that time
    limitation.

-End-



-CITE-
    46 USC Sec. 41302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 413 - ENFORCEMENT

-HEAD-
    Sec. 41302. Investigations

-STATUTE-
      (a) In General. - The Federal Maritime Commission, on complaint
    or its own motion, may investigate any conduct or agreement that
    the Commission believes may be in violation of this part. The
    Commission may by order disapprove, cancel, or modify any agreement
    that operates in violation of this part.
      (b) Effectiveness of Agreement During Investigation. - Unless an
    injunction is issued under section 41306 or 41307 of this title, an
    agreement under investigation by the Commission remains in effect
    until the Commission issues its order.
      (c) Date for Decision. - Within 10 days after the initiation of a
    proceeding under this section or section 41301 of this title, the
    Commission shall set a date by which it will issue its final
    decision. The Commission by order may extend the date for good
    cause.
      (d) Sanctions for Delay. - If, within the period for final
    decision under subsection (c), the Commission determines that it is
    unable to issue a final decision because of undue delay caused by a
    party to the proceeding, the Commission may impose sanctions,
    including issuing a decision adverse to the delaying party.
      (e) Report. - The Commission shall make a written report of every
    investigation under this part in which a hearing was held, stating
    its conclusions, decisions, findings of fact, and order. The
    Commission shall provide a copy of the report to all parties and
    publish the report for public information. A published report is
    competent evidence in a court of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1545.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41302(a)       46 App.:1710(c)         Pub. L. 98-237, Sec.         
                    (1st, 3d sentences).     11(c)-(f), Mar. 20, 1984, 98
                                            Stat. 80.                   
    41302(b)       46 App.:1710(c) (2d                                  
                    sentence).                                          
    41302(c)       46 App.:1710(d).                                     
    41302(d)       46 App.:1710(e).                                     
    41302(e)       46 App.:1710(f).                                     
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 41303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 413 - ENFORCEMENT

-HEAD-
    Sec. 41303. Discovery and subpoenas

-STATUTE-
      (a) In General. - In an investigation or adjudicatory proceeding
    under this part - 
        (1) the Federal Maritime Commission may subpoena witnesses and
      evidence; and
        (2) a party may use depositions, written interrogatories, and
      discovery procedures under regulations prescribed by the
      Commission that, to the extent practicable, shall conform to the
      Federal Rules of Civil Procedure (28 App. U.S.C.).

      (b) Witness Fees. - Unless otherwise prohibited by law, a witness
    is entitled to the same fees and mileage as in the courts of the
    United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1545.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41303          46 App.:1711.           Pub. L. 98-237, Sec. 12,     
                                            Mar. 20, 1984, 98 Stat. 81. 
    --------------------------------------------------------------------

      In subsection (a)(1), the words "may subpoena witnesses and
    evidence" are substituted for "may by subpena compel the attendance
    of witnesses and the production of books, papers, documents, and
    other evidence" to eliminate unnecessary words.
      In subsection (a)(2), the words "shall conform to the Federal
    Rules of Civil Procedure (28 App. U.S.C.)" are substituted for
    "shall be in conformity with the rules applicable in civil
    proceedings in the district courts of the United States" for
    clarity.

-End-



-CITE-
    46 USC Sec. 41304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 413 - ENFORCEMENT

-HEAD-
    Sec. 41304. Hearings and orders

-STATUTE-
      (a) Opportunity for Hearing. - The Federal Maritime Commission
    shall provide an opportunity for a hearing before issuing an order
    relating to a violation of this part or a regulation prescribed
    under this part.
      (b) Modification of Order. - The Commission may reverse, suspend,
    or modify any of its orders.
      (c) Rehearing. - On application of a party to a proceeding, the
    Commission may grant a rehearing of the same or any matter
    determined in the proceeding. Except by order of the Commission, a
    rehearing does not operate as a stay of an order.
      (d) Period of Effectiveness. - An order of the Commission remains
    in effect for the period specified in the order or until suspended,
    modified, or set aside by the Commission or a court of competent
    jurisdiction.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1546.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41304(a)       46 App.:1713(a)         Pub. L. 98-237, Sec. 14(a),  
                    (1st sentence).         (b), Mar. 20, 1984, 98 Stat.
                                            83.                         
    41304(b)       46 App.:1713(b)                                      
                    (1st sentence                                       
                    1st-12th words).                                    
    41304(c)       46 App.:1713(b)                                      
                    (1st sentence                                       
                    13th-last words,                                    
                    last sentence).                                     
    41304(d)       46 App.:1713(a)                                      
                    (last sentence).                                    
    --------------------------------------------------------------------

      In subsection (a), the words "upon sworn complaint or on its own
    motion" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 41305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 413 - ENFORCEMENT

-HEAD-
    Sec. 41305. Award of reparations

-STATUTE-
      (a) Definition. - In this section, the term "actual injury"
    includes the loss of interest at commercial rates compounded from
    the date of injury.
      (b) Basic Amount. - If the complaint was filed within the period
    specified in section 41301(a) of this title, the Federal Maritime
    Commission shall direct the payment of reparations to the
    complainant for actual injury caused by a violation of this part,
    plus reasonable attorney fees.
      (c) Additional Amounts. - On a showing that the injury was caused
    by an activity prohibited by section 41102(b), 41104(3) or (6), or
    41105(1) or (3) of this title, the Commission may order the payment
    of additional amounts, but the total recovery of a complainant may
    not exceed twice the amount of the actual injury.
      (d) Difference Between Rates. - If the injury was caused by an
    activity prohibited by section 41104(4)(A) or (B) of this title,
    the amount of the injury shall be the difference between the rate
    paid by the injured shipper and the most favorable rate paid by
    another shipper.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1546.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41305          46 App.:1710(g)         Pub. L. 98-237, Sec. 11(g)   
                    (less time limit).      (less time limit), Mar. 20, 
                                            1984, 98 Stat. 80; Pub. L.  
                                            98-595, Sec. 3(b)(2), Oct.  
                                            30, 1984, 98 Stat. 3132;    
                                            Pub. L. 105-258, title I,   
                                            Sec. 110, Oct. 14, 1998, 112
                                            Stat. 1911.                 
    --------------------------------------------------------------------

      In subsection (b), the words "within the period specified in
    section 41301(a) of this title" are substituted for "within 3 years
    after the cause of action accrued" because the time limit is
    restated in section 41301(a) instead of in this section. The words
    "upon petition of the complainant" are omitted as unnecessary. The
    words "after notice and hearing" are omitted as unnecessary because
    of section 41304(a) of the revised title.

-End-



-CITE-
    46 USC Sec. 41306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 413 - ENFORCEMENT

-HEAD-
    Sec. 41306. Injunctive relief sought by complainants

-STATUTE-
      (a) In General. - After filing a complaint with the Federal
    Maritime Commission under section 41301 of this title, the
    complainant may bring a civil action in a district court of the
    United States to enjoin conduct in violation of this part.
      (b) Venue. - The action must be brought in the judicial district
    in which - 
        (1) the Commission has brought a civil action against the
      defendant under section 41307(a) of this title; or
        (2) the defendant resides or transacts business, if the
      Commission has not brought such an action.

      (c) Remedies by Court. - After notice to the defendant, and a
    showing that the standards for granting injunctive relief by courts
    of equity are met, the court may grant a temporary restraining
    order or preliminary injunction for a period not to exceed 10 days
    after the Commission has issued an order disposing of the
    complaint.
      (d) Attorney Fees. - A defendant prevailing in a civil action
    under this section shall be allowed reasonable attorney fees to be
    assessed and collected as part of the costs of the action.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1546.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41306          46 App.:1710(h)(2).     Pub. L. 98-237, Sec.         
                                            11(h)(2), Mar. 20, 1984, 98 
                                            Stat. 81.                   
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 41307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 413 - ENFORCEMENT

-HEAD-
    Sec. 41307. Injunctive relief sought by the Commission

-STATUTE-
      (a) General Violations. - In connection with an investigation
    under section 41301 or 41302 of this title, the Federal Maritime
    Commission may bring a civil action to enjoin conduct in violation
    of this part. The action must be brought in the district court of
    the United States for any judicial district in which the defendant
    resides or transacts business. After notice to the defendant, and a
    showing that the standards for granting injunctive relief by courts
    of equity are met, the court may grant a temporary restraining
    order or preliminary injunction for a period not to exceed 10 days
    after the Commission has issued an order disposing of the issues
    under investigation.
      (b) Reduction in Competition. - 
        (1) Action by commission. - If, at any time after the filing or
      effective date of an agreement under chapter 403 of this title,
      the Commission determines that the agreement is likely, by a
      reduction in competition, to produce an unreasonable reduction in
      transportation service or an unreasonable increase in
      transportation cost, the Commission, after notice to the person
      filing the agreement, may bring a civil action in the United
      States District Court for the District of Columbia to enjoin the
      operation of the agreement. The Commission's sole remedy with
      respect to an agreement likely to have such an effect is an
      action under this subsection.
        (2) Remedies by court. - In an action under this subsection,
      the court may issue - 
          (A) a temporary restraining order or a preliminary
        injunction; and
          (B) a permanent injunction after a showing that the agreement
        is likely to have the effect described in paragraph (1).

        (3) Burden of proof and third parties. - In an action under
      this subsection, the burden of proof is on the Commission. The
      court may not allow a third party to intervene.

      (c) Failure To Provide Information. - If a person filing an
    agreement, or an officer, director, partner, agent, or employee of
    the person, fails substantially to comply with a request for the
    submission of additional information or documents within the period
    provided in section 40304(c) of this title, the Commission may
    bring a civil action in the United States District Court for the
    District of Columbia. At the request of the Commission, the Court -
    
        (1) may order compliance;
        (2) shall extend the period specified in section 40304(c)(2) of
      this title until there has been substantial compliance; and
        (3) may grant other equitable relief that the court decides is
      appropriate.

      (d) Representation. - The Commission may represent itself in a
    proceeding under this section in - 
        (1) a district court of the United States, on notice to the
      Attorney General; and
        (2) a court of appeals of the United States, with the approval
      of the Attorney General.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1547.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41307(a)       46 App.:1710(h)(1).     Pub. L. 98-237, Sec. 11(c)   
                                            (last sentence), (h)(1),    
                                            Mar. 20, 1984, 98 Stat. 80, 
                                            81.                         
    41307(b)(1)    46 App.:1705(g),        Pub. L. 98-237, Sec.         
                    (h) (1st sentence).     6(g)-(i), (k), Mar. 20,     
                                            1984, 98 Stat. 72, 73.      
                   46 App.:1710(c)                                      
                    (last sentence).                                    
    41307(b)(2)    46 App.:1705(h) (2d                                  
                    sentence).                                          
    41307(b)(3)    46 App.:1705(h)                                      
                    (3d, last                                           
                    sentences).                                         
    41307(c)       46 App.:1705(i).                                     
    41307(d)       46 App.:1705(k).                                     
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 41308                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 413 - ENFORCEMENT

-HEAD-
    Sec. 41308. Enforcement of subpoenas and orders

-STATUTE-
      (a) Civil Action. - If a person does not comply with a subpoena
    or order of the Federal Maritime Commission, the Attorney General,
    at the request of the Commission, or an injured party, may seek
    enforcement in a district court of the United States having
    jurisdiction over the parties. If, after hearing, the court
    determines that the subpoena or order was regularly made and duly
    issued, the court shall enforce the subpoena or order.
      (b) Time Limit on Bringing Actions. - An action under this
    section to enforce an order of the Commission must be brought
    within 3 years after the date the order was violated.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1548.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41308(a)       46 App.:1713(c).        Pub. L. 98-237, Sec. 14(c),  
                                            (e), Mar. 20, 1984, 98 Stat.
                                            83, 84.                     
    41308(b)       46 App.:1713(e).                                     
    --------------------------------------------------------------------

      In subsection (a), the words "subpoena or" are added in the
    second sentence for consistency in the subsection. The words "by an
    appropriate injunction or other process, mandatory or otherwise"
    are omitted as unnecessary. The words "regularly made and duly
    issued" are substituted for "properly made and duly issued" for
    consistency in the subtitle.

-End-



-CITE-
    46 USC Sec. 41309                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part A - Ocean Shipping
    CHAPTER 413 - ENFORCEMENT

-HEAD-
    Sec. 41309. Enforcement of reparation orders

-STATUTE-
      (a) Civil Action. - If a person does not comply with an order of
    the Federal Maritime Commission for the payment of reparation, the
    person to whom the award was made may seek enforcement of the order
    in a district court of the United States having jurisdiction over
    the parties.
      (b) Parties and Service of Process. - All parties in whose favor
    the Commission has made an award of reparation by a single order
    may be joined as plaintiffs, and all other parties in the order may
    be joined as defendants, in a single action in a judicial district
    in which any one plaintiff could maintain an action against any one
    defendant. Service of process against a defendant not found in that
    district may be made in a district in which any office of that
    defendant is located or in which any port of call on a regular
    route operated by that defendant is located. Judgment may be
    entered for any plaintiff against the defendant liable to that
    plaintiff.
      (c) Nature of Review. - In an action under this section, the
    findings and order of the Commission are prima facie evidence of
    the facts stated in the findings and order.
      (d) Costs and Attorney Fees. - The plaintiff is not liable for
    costs of the action or for costs of any subsequent stage of the
    proceedings unless they accrue on the plaintiff's appeal. A
    prevailing plaintiff shall be allowed reasonable attorney fees to
    be assessed and collected as part of the costs of the action.
      (e) Time Limit on Bringing Actions. - An action under this
    section to enforce an order of the Commission must be brought
    within 3 years after the date the order was violated.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1548.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    41309(a)       46 App.:1713(d)(1).     Pub. L. 98-237, Sec. 14(d),  
                                            (e), Mar. 20, 1984, 98 Stat.
                                            83, 84.                     
    41309(b)       46 App.:1713(d)(3).                                  
    41309(c)       46 App.:1713(d)(2)                                   
                    (1st sentence                                       
                    1st-23d words).                                     
    41309(d)       46 App.:1713(d)(2)                                   
                    (1st sentence                                       
                    24th-last words,                                    
                    last sentence).                                     
    41309(e)       46 App.:1713(e).                                     
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC Part B - Actions To Address Foreign Practices        01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices

-HEAD-
               PART B - ACTIONS TO ADDRESS FOREIGN PRACTICES           

-End-


-CITE-
    46 USC CHAPTER 421 - REGULATIONS AFFECTING SHIPPING IN
           FOREIGN TRADE                                   01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 421 - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE

-HEAD-
       CHAPTER 421 - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE   

-MISC1-
    Sec.                                                     
    42101.      Regulations of the Commission.                        
    42102.      Regulations of other agencies.                        
    42103.      No preference to Government-owned vessels.            
    42104.      Information, witnesses, and evidence.                 
    42105.      Disclosure to public.                                 
    42106.      Other actions to remedy unfavorable conditions.       
    42107.      Refusal of clearance and entry.                       
    42108.      Penalty for operating under suspended tariff or
                 service contract.                                    
    42109.      Consultation with other agencies.                     

-End-



-CITE-
    46 USC Sec. 42101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 421 - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE

-HEAD-
    Sec. 42101. Regulations of the Commission

-STATUTE-
      (a) Unfavorable Conditions. - To further the objectives and
    policy set forth in section 50101 of this title, the Federal
    Maritime Commission shall prescribe regulations affecting shipping
    in foreign trade, not in conflict with law, to adjust or meet
    general or special conditions unfavorable to shipping in foreign
    trade, whether in a particular trade or on a particular route or in
    commerce generally, including intermodal movements, terminal
    operations, cargo solicitation, agency services, ocean
    transportation intermediary services and operations, and other
    activities and services integral to transportation systems, and
    which arise out of or result from laws or regulations of a foreign
    country or competitive methods, pricing practices, or other
    practices employed by owners, operators, agents, or masters of
    vessels of a foreign country.
      (b) Initiation of Regulation. - A regulation under subsection (a)
    may be initiated by the Commission on its own motion or on the
    petition of any person, including another component of the United
    States Government.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1548.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42101(a)       46 App.:876(a)(2).      June 5, 1920, ch. 250, Sec.  
                                            19(a)(2), (e), 41 Stat. 995;
                                            Ex. Ord. No. 6166, Sec. 12, 
                                            eff. June 10, 1933; June 29,
                                            1936, ch. 858, title II,    
                                            Sec. 204, title IX, Sec.    
                                            904, 49 Stat. 1987, 2016;   
                                            Pub. L. 97-31, Sec. 12(46), 
                                            Aug. 6, 1981, 95 Stat. 157; 
                                            Pub. L. 101-595, title I,   
                                            Sec. 103, Nov. 16, 1990, 104
                                            Stat. 2979; Pub. L. 102-587,
                                            title VI, Sec. 6205(b), Nov.
                                            4, 1992, 106 Stat. 5094;    
                                            Pub. L. 105-258, title III, 
                                            Sec. 301, Oct. 14, 1998, 112
                                            Stat. 1915.                 
                   46 App.:1710a(h)        Pub. L. 100-418, title X,    
                    (related to             Sec. 10002(h) (related to   
                    876(a)(2)).             Sec. 19(b)(1)(b)), Aug. 23, 
                                            1988, 102 Stat. 1572; Pub.  
                                            L. 105-258, title I, Sec.   
                                            111(7), Oct. 14, 1998, 112  
                                            Stat. 1911.                 
    42101(b)       46 App.:876(e).                                      
    --------------------------------------------------------------------

      In subsection (a), the word "shall" is substituted for "is
    authorized and directed", and the words "prescribe regulations" are
    substituted for "make rules and regulations", for consistency in
    the revised title and to eliminate unnecessary words. The text of
    46 App. U.S.C. 1710a(h), insofar as it relates to 46 App. U.S.C.
    876(a)(2), is omitted as unnecessary because this chapter already
    provides for the same remedies as those authorized by the omitted
    provision.
      In subsection (b), the words "on the petition of any person,
    including another component of the United States Government" are
    substituted for "pursuant to a petition. Any person, including a
    common carrier, tramp operator, bulk operator, shipper, shippers'
    association, ocean transportation intermediary, marine terminal
    operator, or any component of the Government of the United States,
    may file a petition for relief under subsection (a)(2) of this
    section." for consistency with section 42302(b) of the revised
    title and to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 42102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 421 - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE

-HEAD-
    Sec. 42102. Regulations of other agencies

-STATUTE-
      (a) Request to Agency. - To further the objectives and policy set
    forth in section 50101 of this title, the Federal Maritime
    Commission shall request the head of a department, agency, or
    instrumentality of the United States Government to suspend, modify,
    or annul any existing regulations, or to make new regulations,
    affecting shipping in the foreign trade, except regulations
    relating to the Public Health Service, the Consular Service, or the
    inspection of vessels.
      (b) Prior Review and Approval. - A department, agency, or
    instrumentality of the Government may not prescribe a regulation
    affecting shipping in the foreign trade (except a regulation
    affecting the Public Health Service, the Consular Service, or the
    inspection of vessels) until the regulation has been submitted to
    the Commission for its approval and final action has been taken by
    the Commission or the President.
      (c) Submission to President. - If the head of a department,
    agency, or instrumentality of the Government refuses to comply with
    a request under subsection (a) or objects to a decision of the
    Commission under subsection (b), the Commission or the head of the
    department, agency, or instrumentality may submit the facts to the
    President. The President may establish, suspend, modify, or annul
    the regulation.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1549.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42102(a)       46 App.:876(a)(3).      June 5, 1920, ch. 250, Sec.  
                                            19(a)(3), (b), (c), 41 Stat.
                                            995; Ex. Ord. No. 6166, Sec.
                                            12, eff. June 10, 1933; June
                                            29, 1936, ch. 858, title II,
                                            Sec. 204, title IX, Sec.    
                                            904, 49 Stat. 1987, 2016;   
                                            Pub. L. 97-31, Sec. 12(46), 
                                            Aug. 6, 1981, 95 Stat. 157; 
                                            Pub. L. 105-258, title III, 
                                            Sec. 301, Oct. 14, 1998, 112
                                            Stat. 1915.                 
    42102(b)       46 App.:876(b).                                      
    42102(c)       46 App.:876(c).                                      
    --------------------------------------------------------------------

      In this section, the words "department, agency, or
    instrumentality" are substituted for "department, board, bureau, or
    agency" for consistency in the revised title. The words "the
    inspection of vessels" are substituted for "the steamboat
    inspection service" because the Steamboat Inspection Service has
    been abolished and its functions are now carried out by the Coast
    Guard.
      In subsection (a), the word "shall" is substituted for "is
    authorized and directed" for consistency in the revised title and
    to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 42103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 421 - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE

-HEAD-
    Sec. 42103. No preference to Government-owned vessels

-STATUTE-
      A regulation may not give a vessel owned by the United States
    Government a preference over a vessel owned by citizens of the
    United States and documented under the laws of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1549.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42103          46 App.:876(d).         June 5, 1920, ch. 250, Sec.  
                                            19(d), 41 Stat. 995; Ex.    
                                            Ord. No. 6166, Sec. 12, eff.
                                            June 10, 1933; June 29,     
                                            1936, ch. 858, title II,    
                                            Sec. 204, title IX, Sec.    
                                            904, 49 Stat. 1987, 2016;   
                                            Pub. L. 105-258, title III, 
                                            Sec. 301, Oct. 14, 1998, 112
                                            Stat. 1915.                 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 42104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 421 - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE

-HEAD-
    Sec. 42104. Information, witnesses, and evidence

-STATUTE-
      (a) Order To Supply Information. - In carrying out section 42101
    of this title, the Federal Maritime Commission may order any person
    (including a common carrier, tramp operator, bulk operator,
    shipper, shippers' association, ocean transportation intermediary,
    or marine terminal operator, or an officer, receiver, trustee,
    lessee, agent, or employee thereof) to file with the Commission a
    report, answers to questions, documentary material, or other
    information the Commission considers necessary or appropriate. The
    Commission may require the response to any such order to be made
    under oath. The response shall be provided in the form and within
    the time specified by the Commission.
      (b) Subpoenas and Discovery. - In carrying out section 42101 of
    this title, the Commission may - 
        (1) subpoena witnesses and evidence; and
        (2) authorize a party to use depositions, written
      interrogatories, and discovery procedures that, to the extent
      practicable, conform to the Federal Rules of Civil Procedure (28
      App. U.S.C.).

      (c) Witness Fees. - Unless otherwise prohibited by law, and
    subject to funds being appropriated, a witness in a proceeding
    under section 42101 of this title is entitled to the same fees and
    mileage as in the courts of the United States.
      (d) Penalties. - For failure to supply information ordered to be
    produced or compelled by subpoena under this section, the
    Commission may - 
        (1) after notice and opportunity for a hearing, suspend tariffs
      and service contracts of a common carrier or the common carrier's
      right to use tariffs of conferences and service contracts of
      agreements of which it is a member; or
        (2) assess a civil penalty of not more than $5,000 for each day
      that the information is not provided.

      (e) Enforcement. - If a person does not comply with an order or
    subpoena of the Commission under this section, the Commission may
    seek enforcement in a district court of the United States having
    jurisdiction over the parties. If, after hearing, the court
    determines that the order or subpoena was regularly made and duly
    issued, the court shall enforce the order or subpoena.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1549.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42104(a)       46                      June 5, 1920, ch. 250, Sec.  
                    App.:876(f)(1)-(3).     19(f), (g); as added Pub. L.
                                            101-595, title I, Sec.      
                                            103(2), Nov. 16, 1990, 104  
                                            Stat. 2979; Pub. L. 102-587,
                                            title VI, Sec. 6205(b)(2),  
                                            Nov. 4, 1992, 106 Stat.     
                                            5094; Pub. L. 105-258, title
                                            III, Sec. 301, Oct. 14,     
                                            1998, 112 Stat. 1915.       
    42104(b)       46 App.:876(g)(1),                                   
                    (2).                                                
    42104(c)       46 App.:876(g)(3).                                   
    42104(d)       46 App.:876(f)(4),                                   
                    (g)(4).                                             
    42104(e)       46 App.:876(g)(5).                                   
    --------------------------------------------------------------------

      In subsections (a) and (b), the words "In carrying out" are
    substituted for "In furtherance of the purposes of" and "In
    proceedings under" for clarity and consistency.
      In subsection (b)(1), the words "subpoena witnesses and evidence"
    are substituted for "by subpoena compel the attendance of witnesses
    and the production of books, papers, documents, and other evidence"
    for consistency in the revised title and to eliminate unnecessary
    words.
      In subsection (b)(2), the words "conform to the Federal Rules of
    Civil Procedure (28 App. U.S.C.)" are substituted for "are in
    conformity with the rules applicable in civil proceedings in the
    district courts of the United States" for clarity.
      In subsection (d)(2), the penalties from 46 App. U.S.C. 876(f)(4)
    and (g)(4)(B) are combined because they are redundant.
      In subsection (e), the words "by an appropriate injunction or
    other process, mandatory or otherwise" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 42105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 421 - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE

-HEAD-
    Sec. 42105. Disclosure to public

-STATUTE-
      Notwithstanding any other provision of law, the Federal Maritime
    Commission may refuse to disclose to the public a response or other
    information submitted to it under this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1550.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42105          46 App.:876(h).         June 5, 1920, ch. 250, Sec.  
                                            19(h); as added Pub. L.     
                                            101-595, title I, Sec.      
                                            103(2), Nov. 16, 1990, 104  
                                            Stat. 2979; Pub. L. 105-258,
                                            title III, Sec. 301, Oct.   
                                            14, 1998, 112 Stat. 1915.   
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 42106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 421 - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE

-HEAD-
    Sec. 42106. Other actions to remedy unfavorable conditions

-STATUTE-
      If the Federal Maritime Commission finds that conditions
    unfavorable to shipping in foreign trade as described in section
    42101 of this title exist, the Commission may - 
        (1) limit voyages to and from United States ports or the amount
      or type of cargo carried;
        (2) suspend, in whole or in part, tariffs and service contracts
      for carriage to or from United States ports, including a common
      carrier's right to use tariffs of conferences and service
      contracts of agreements in United States trades of which it is a
      member for any period the Commission specifies;
        (3) suspend, in whole or in part, an ocean common carrier's
      right to operate under any agreement filed with the Commission,
      including any agreement authorizing preferential treatment at
      terminals, preferential terminal leases, space chartering, or
      pooling of cargo or revenue with other ocean common carriers;
        (4) impose a fee not to exceed $1,000,000 per voyage; or
        (5) take any other action the Commission finds necessary and
      appropriate to adjust or meet any condition unfavorable to
      shipping in the foreign trade of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1550.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42106          46 App.:876(i).         June 5, 1920, ch. 250, Sec.  
                                            19(i); as added Pub. L.     
                                            101-595, title I, Sec.      
                                            103(2), Nov. 16, 1990, 104  
                                            Stat. 2979; Pub. L. 105-258,
                                            title III, Sec. 301, Oct.   
                                            14, 1998, 112 Stat. 1915.   
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 42107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 421 - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE

-HEAD-
    Sec. 42107. Refusal of clearance and entry

-STATUTE-
      At the request of the Federal Maritime Commission - 
        (1) the Secretary of Homeland Security shall - 
          (A) refuse the clearance required by section 60105 of this
        title to a vessel of a country that is named in a regulation
        prescribed by the Commission under section 42101 of this title;
        and
          (B) collect any fees imposed by the Commission under section
        42106(4) of this title; and

        (2) the Secretary of the department in which the Coast Guard is
      operating shall - 
          (A) deny entry, for purposes of oceanborne trade, of a vessel
        of a country that is named in a regulation prescribed by the
        Commission under section 42101 of this title, to a port or
        place in the United States or the navigable waters of the
        United States; or
          (B) detain the vessel at the port or place in the United
        States from which it is about to depart for another port or
        place in the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1551.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42107          46 App.:876(j).         June 5, 1920, ch. 250, Sec.  
                                            19(j); as added Pub. L.     
                                            101-595, title I, Sec.      
                                            103(2), Nov. 16, 1990, 104  
                                            Stat. 2979; Pub. L. 105-258,
                                            title III, Sec. 301, Oct.   
                                            14, 1998, 112 Stat. 1915.   
    --------------------------------------------------------------------

      In paragraph (1), the words "Secretary of Homeland Security" are
    substituted for "collector of customs at the port or place of
    destination in the United States" because the functions of the
    Customs Service and of the Secretary of the Treasury relating
    thereto were transferred to the Secretary of Homeland Security by
    section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107-
    296, 116 Stat. 2178). The functions of the collector of customs
    previously were vested in the Secretary of the Treasury by
    Reorganization Plan No. 26 of 1950, and the office of collector of
    customs previously was abolished by Reorganization Plan No. 1 of
    1965.

-End-



-CITE-
    46 USC Sec. 42108                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 421 - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE

-HEAD-
    Sec. 42108. Penalty for operating under suspended tariff or service
      contract

-STATUTE-
      A common carrier that accepts or handles cargo for carriage under
    a tariff or service contract that has been suspended under section
    42104(d)(1) or 42106(2) of this title, or after its right to use
    another tariff or service contract has been suspended under those
    provisions, is liable to the United States Government for a civil
    penalty of not more than $50,000 for each day that it is found to
    be operating under a suspended tariff or service contract.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1551.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42108          46 App.:876(k).         June 5, 1920, ch. 250, Sec.  
                                            19(k); as added Pub. L.     
                                            101-595, title I, Sec.      
                                            103(2), Nov. 16, 1990, 104  
                                            Stat. 2979; Pub. L. 105-258,
                                            title III, Sec. 301, Oct.   
                                            14, 1998, 112 Stat. 1915.   
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 42109                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 421 - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE

-HEAD-
    Sec. 42109. Consultation with other agencies

-STATUTE-
      The Federal Maritime Commission may consult with, seek the
    cooperation of, or make recommendations to other appropriate
    agencies of the United States Government prior to taking any action
    under this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1551.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42109          46 App.:876(l).         June 5, 1920, ch. 250, Sec.  
                                            19(l); as added Pub. L.     
                                            101-595, title I, Sec.      
                                            103(2), Nov. 16, 1990, 104  
                                            Stat. 2979; Pub. L. 105-258,
                                            title III, Sec. 301, Oct.   
                                            14, 1998, 112 Stat. 1915.   
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 423 - FOREIGN SHIPPING PRACTICES             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 423 - FOREIGN SHIPPING PRACTICES

-HEAD-
                 CHAPTER 423 - FOREIGN SHIPPING PRACTICES             

-MISC1-
    Sec.                                                     
    42301.      Definitions.                                          
    42302.      Investigations.                                       
    42303.      Information requests.                                 
    42304.      Action against foreign carriers.                      
    42305.      Refusal of clearance and entry.                       
    42306.      Submission of determinations to President.            
    42307.      Review of regulations and orders.                     

-End-



-CITE-
    46 USC Sec. 42301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 423 - FOREIGN SHIPPING PRACTICES

-HEAD-
    Sec. 42301. Definitions

-STATUTE-
      (a) Defined in Part A. - In this chapter, the terms "common
    carrier", "marine terminal operator", "ocean common carrier",
    "ocean transportation intermediary", "shipper", and "shippers'
    association" have the meaning given those terms in section 40102 of
    this title.
      (b) Other Definitions. - In this chapter:
        (1) Foreign carrier. - The term "foreign carrier" means an
      ocean common carrier a majority of whose vessels are documented
      under the laws of a foreign country.
        (2) Maritime services. - The term "maritime services" means
      port-to-port transportation of cargo by vessels operated by an
      ocean common carrier.
        (3) Maritime-related services. - The term "maritime-related
      services" means intermodal operations, terminal operations, cargo
      solicitation, agency services, ocean transportation intermediary
      services and operations, and all other activities and services
      integral to total transportation systems of ocean common carriers
      and their foreign domiciled affiliates for themselves and others.
        (4) United states carrier. - The term "United States carrier"
      means an ocean common carrier operating vessels documented under
      the laws of the United States.
        (5) United states oceanborne trade. - The term "United States
      oceanborne trade" means the carriage of cargo between the United
      States and a foreign country, whether directly or indirectly, by
      an ocean common carrier.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1551.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42301          46 App.:1710a(a).       Pub. L. 100-418, title X,    
                                            Sec. 10002(a), Aug. 23,     
                                            1988, 102 Stat. 1570; Pub.  
                                            L. 105-258, title I, Sec.   
                                            111(1)-(3), Oct. 14, 1998,  
                                            112 Stat. 1911.             
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 42302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 423 - FOREIGN SHIPPING PRACTICES

-HEAD-
    Sec. 42302. Investigations

-STATUTE-
      (a) In General. - The Federal Maritime Commission shall
    investigate whether any laws, rules, regulations, policies, or
    practices of a foreign government, or any practices of a foreign
    carrier or other person providing maritime or maritime-related
    services in a foreign country, result in the existence of
    conditions that - 
        (1) adversely affect the operations of United States carriers
      in United States oceanborne trade; and
        (2) do not exist for foreign carriers of that country in the
      United States under the laws of the United States or as a result
      of acts of United States carriers or other persons providing
      maritime or maritime-related services in the United States.

      (b) Initiation of Investigation. - An investigation under
    subsection (a) may be initiated by the Commission on its own motion
    or on the petition of any person, including another component of
    the United States Government.
      (c) Time for Decision. - The Commission shall complete an
    investigation under this section and render a decision within 120
    days after it is initiated. However, the Commission may extend this
    120-day period for an additional 90 days if the Commission is
    unable to obtain sufficient information to determine whether a
    condition specified in subsection (a) exists. A notice providing an
    extension shall state clearly the reasons for the extension.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1552.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42302(a)       46 App.:1710a(b).       Pub. L. 100-418, title X,    
                                            Sec. 10002(b), (c), Aug. 23,
                                            1988, 102 Stat. 1570; Pub.  
                                            L. 105-258, title I, Sec.   
                                            111(4), Oct. 14, 1998, 112  
                                            Stat. 1911.                 
    42302(b)       46 App.:1710a(c)(1).                                 
    42302(c)       46 App.:1710a(c)(2).                                 
    --------------------------------------------------------------------

      In subsection (b), the words "including another component of the
    United States Government" are substituted for "including any common
    carrier, shipper, shippers' association, ocean transportation
    intermediary, or marine terminal operator, or any branch,
    department, agency, or other component of the Government of the
    United States" for consistency with section 42101(b) of the revised
    title and to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 42303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 423 - FOREIGN SHIPPING PRACTICES

-HEAD-
    Sec. 42303. Information requests

-STATUTE-
      (a) In General. - To further the purposes of section 42302(a) of
    this title, the Federal Maritime Commission may order any person
    (including a common carrier, shipper, shippers' association, ocean
    transportation intermediary, or marine terminal operator, or an
    officer, receiver, trustee, lessee, agent or employee thereof) to
    file with the Commission any periodic or special report, answers to
    questions, documentary material, or other information the
    Commission considers necessary or appropriate. The Commission may
    require the response to any such order to be made under oath. The
    response shall be provided in the form and within the time
    specified by the Commission.
      (b) Subpoenas. - In an investigation under section 42302 of this
    title, the Commission may subpoena witnesses and evidence.
      (c) Nondisclosure. - Notwithstanding any other provision of law,
    the Commission may determine that any information submitted to it
    in response to a request under this section, or otherwise, shall
    not be disclosed to the public.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1552.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42303          46 App.:1710a(d)        Pub. L. 100-418, title X,    
                                            Sec. 10002(d), Aug. 23,     
                                            1988, 102 Stat. 1571; Pub.  
                                            L. 105-258, title I, Sec.   
                                            111(4), Oct. 14, 1998, 112  
                                            Stat. 1911.                 
    --------------------------------------------------------------------

      In subsection (b), the words "subpoena witnesses and evidence"
    are substituted for "issue subpoenas to compel the attendance and
    testimony of witnesses and the production of records or other
    evidence" for consistency in the revised title and to eliminate
    unnecessary words.
      In subsection (c), the words "in its discretion" are omitted as
    unnecessary.

-End-



-CITE-
    46 USC Sec. 42304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 423 - FOREIGN SHIPPING PRACTICES

-HEAD-
    Sec. 42304. Action against foreign carriers

-STATUTE-
      (a) In General. - Subject to section 42306 of this title,
    whenever the Federal Maritime Commission, after notice and
    opportunity for comment or hearing, determines that the conditions
    specified in section 42302(a) of this title exist, the Commission
    shall take such action to offset those conditions as it considers
    necessary and appropriate against any foreign carrier that is a
    contributing cause, or whose government is a contributing cause, to
    those conditions. The action may include - 
        (1) limitations on voyages to and from United States ports or
      on the amount or type of cargo carried;
        (2) suspension, in whole or in part, of any or all tariffs and
      service contracts, including an ocean common carrier's right to
      use any or all tariffs and service contracts of conferences in
      United States trades of which it is a member for any period the
      Commission specifies;
        (3) suspension, in whole or in part, of an ocean common
      carrier's right to operate under any agreement filed with the
      Commission, including any agreement authorizing preferential
      treatment at terminals, preferential terminal leases, space
      chartering, or pooling of cargo or revenue with other ocean
      common carriers; and
        (4) a fee not to exceed $1,000,000 per voyage.

      (b) Consultation. - The Commission may consult with, seek the
    cooperation of, or make recommendations to other appropriate
    agencies of the United States Government prior to taking any action
    under subsection (a).

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1553.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42304(a)       46 App.:1710a(e)(1).    Pub. L. 100-418, title X,    
                                            Sec. 10002(e)(1), (2), Aug. 
                                            23, 1988, 102 Stat. 1571;   
                                            Pub. L. 105-258, title I,   
                                            Sec. 111(5), (6), Oct. 14,  
                                            1998, 112 Stat. 1911.       
    42304(b)       46 App.:1710a(e)(2).                                 
    --------------------------------------------------------------------

      In subsection (a), the words "Subject to section 42306 of this
    title" are added to alert the reader to the application of that
    section.

-End-



-CITE-
    46 USC Sec. 42305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 423 - FOREIGN SHIPPING PRACTICES

-HEAD-
    Sec. 42305. Refusal of clearance and entry

-STATUTE-
      Subject to section 42306 of this title, whenever the Federal
    Maritime Commission determines that the conditions specified in
    section 42302(a) of this title exist, then at the request of the
    Commission - 
        (1) the Secretary of Homeland Security shall refuse the
      clearance required by section 60105 of this title to a vessel of
      a foreign carrier that is identified by the Commission under
      section 42304 of this title; and
        (2) the Secretary of the department in which the Coast Guard is
      operating shall - 
          (A) deny entry, for purposes of oceanborne trade, of a vessel
        of a foreign carrier that is identified by the Commission under
        section 42304 of this title, to a port or place in the United
        States or the navigable waters of the United States; or
          (B) detain the vessel at the port or place in the United
        States from which it is about to depart for another port or
        place in the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1553.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42305          46 App.:1710a(f).       Pub. L. 100-418, title X,    
                                            Sec. 10002(f), Aug. 23,     
                                            1988, 102 Stat. 1572.       
    --------------------------------------------------------------------

      Before paragraph (1), the words "Subject to section 42306 of this
    title" are added to alert the reader to the application of that
    section. The word "determines" is substituted for "finds" for
    consistency with section 42306 of the revised title.
      In paragraph (1), the words "Secretary of Homeland Security" are
    substituted for "collector of customs at any port or place of
    destination in the United States" because the functions of the
    Customs Service and of the Secretary of the Treasury relating
    thereto were transferred to the Secretary of Homeland Security by
    section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107-
    296, 116 Stat. 2178). The functions of the collector of customs
    previously were vested in the Secretary of the Treasury by
    Reorganization Plan No. 26 of 1950, and the office of collector of
    customs previously was abolished by Reorganization Plan No. 1 of
    1965.

-End-



-CITE-
    46 USC Sec. 42306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 423 - FOREIGN SHIPPING PRACTICES

-HEAD-
    Sec. 42306. Submission of determinations to President

-STATUTE-
      Before a determination under section 42304 of this title becomes
    effective or a request is made under section 42305 of this title,
    the determination shall be submitted immediately to the President.
    The President, within 10 days after receiving it, may disapprove it
    in writing, setting forth the reasons for the disapproval, if the
    President finds that disapproval is required for reasons of
    national defense or foreign policy.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1553.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42306          46 App.:1710a(e)(3).    Pub. L. 100-418, title X,    
                                            Sec. 10002(e)(3), Aug. 23,  
                                            1988, 102 Stat. 1572.       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 42307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part B - Actions To Address Foreign Practices
    CHAPTER 423 - FOREIGN SHIPPING PRACTICES

-HEAD-
    Sec. 42307. Review of regulations and orders

-STATUTE-
      A regulation or final order of the Federal Maritime Commission
    under this chapter is reviewable exclusively in the same forum and
    in the same manner as provided in section 2342(3)(B) of title 28.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1554.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    42307          46 App.:1710a(i).       Pub. L. 100-418, title X,    
                                            Sec. 10002(i), Aug. 23,     
                                            1988, 102 Stat. 1572.       
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC Part C - Miscellaneous                               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part C - Miscellaneous

-HEAD-
                          PART C - MISCELLANEOUS                      

-End-


-CITE-
    46 USC CHAPTER 441 - EVIDENCE OF FINANCIAL RESPONSIBILITY
           FOR PASSENGER TRANSPORTATION                    01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part C - Miscellaneous
    CHAPTER 441 - EVIDENCE OF FINANCIAL RESPONSIBILITY FOR PASSENGER
                   TRANSPORTATION                

-HEAD-
     CHAPTER 441 - EVIDENCE OF FINANCIAL RESPONSIBILITY FOR PASSENGER
                              TRANSPORTATION

-MISC1-
    Sec.                                                     
    44101.      Application.                                          
    44102.      Financial responsibility to indemnify passengers for
                 nonperformance of transportation.                    
    44103.      Financial responsibility to pay liability for death or
                 injury.                                              
    44104.      Civil penalty.                                        
    44105.      Refusal of clearance.                                 
    44106.      Conduct of proceedings.                               

-End-



-CITE-
    46 USC Sec. 44101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part C - Miscellaneous
    CHAPTER 441 - EVIDENCE OF FINANCIAL RESPONSIBILITY FOR PASSENGER
                   TRANSPORTATION                

-HEAD-
    Sec. 44101. Application

-STATUTE-
      This chapter applies to a vessel that - 
        (1) has berth or stateroom accommodations for at least 50
      passengers; and
        (2) boards passengers at a port in the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1554.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44101          46 App.:817d(a)         Pub. L. 89-777, Secs. 2(a)   
                    (6th-28th words).       (6th-28th words), 3(a)      
                                            (15th-36th words), Nov. 6,  
                                            1966, 80 Stat. 1356, 1357.  
                   46 App.:817e(a)                                      
                    (15th-36th words).                                  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 44102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part C - Miscellaneous
    CHAPTER 441 - EVIDENCE OF FINANCIAL RESPONSIBILITY FOR PASSENGER
                   TRANSPORTATION                

-HEAD-
    Sec. 44102. Financial responsibility to indemnify passengers for
      nonperformance of transportation

-STATUTE-
      (a) Filing Requirement. - A person in the United States may not
    arrange, offer, advertise, or provide transportation on a vessel to
    which this chapter applies unless the person has filed with the
    Federal Maritime Commission evidence of financial responsibility to
    indemnify passengers for nonperformance of the transportation.
      (b) Satisfactory Evidence. - To satisfy subsection (a), a person
    must file - 
        (1) information the Commission considers necessary; or
        (2) a copy of a bond or other security, in such form as the
      Commission by regulation may require.

      (c) Authorized Issuer of Bond. - If a bond is filed, it must be
    issued by a bonding company authorized to do business in the United
    States.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1554.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44102          46 App.:817e(a)         Pub. L. 89-777, Sec. 3(a)    
                    (1st-14th,              (1st-14th, 37th-last words),
                    37th-last words),       (b), Nov. 6, 1966, 80 Stat. 
                    (b).                    1357; Pub. L. 103-206, title
                                            III, Sec. 320, Dec. 20,     
                                            1993, 107 Stat. 2427.       
    --------------------------------------------------------------------

      In subsection (c), the words "or any State thereof, or the
    District of Columbia, the Commonwealth of Puerto Rico, the Virgin
    Islands or any territory or possession of the United States" are
    omitted as unnecessary because of the definition of "United States"
    in chapter 1 of the revised title.

-End-



-CITE-
    46 USC Sec. 44103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part C - Miscellaneous
    CHAPTER 441 - EVIDENCE OF FINANCIAL RESPONSIBILITY FOR PASSENGER
                   TRANSPORTATION                

-HEAD-
    Sec. 44103. Financial responsibility to pay liability for death or
      injury

-STATUTE-
      (a) General Requirement. - The owner or charterer of a vessel to
    which this chapter applies shall establish, under regulations
    prescribed by the Federal Maritime Commission, financial
    responsibility to meet liability for death or injury to passengers
    or other individuals on a voyage to or from a port in the United
    States.
      (b) Amounts. - 
        (1) In general. - The amount of financial responsibility
      required under subsection (a) shall be based on the number of
      passenger accommodations as follows:
          (A) $20,000 for each of the first 500 passenger
        accommodations.
          (B) $15,000 for each additional passenger accommodation
        between 501 and 1,000.
          (C) $10,000 for each additional passenger accommodation
        between 1,001 and 1,500.
          (D) $5,000 for each additional passenger accommodation over
        1,500.

        (2) Multiple vessels. - If the owner or charterer is operating
      more than one vessel subject to this chapter, the amount of
      financial responsibility shall be based on the number of
      passenger accommodations on the vessel with the largest number of
      passenger accommodations.

      (c) Availability To Pay Judgment. - The amount determined under
    subsection (b) shall be available to pay a judgment for damages
    (whether less than or more than $20,000) for death or injury to a
    passenger or other individual on a voyage to or from a port in the
    United States.
      (d) Means of Establishing. - Financial responsibility under this
    section may be established by one or more of the following if
    acceptable to the Commission:
        (1) Insurance.
        (2) Surety bond issued by a bonding company authorized to do
      business in the United States.
        (3) Qualification as a self-insurer.
        (4) Other evidence of financial responsibility.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1554.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44103          46 App.:817d(a)         Pub. L. 89-777, Sec. 2(a)    
                    (1st-5th, 29th-last     (1st-5th, 29th-last words), 
                    words), (b).            (b), Nov. 6, 1966, 80 Stat. 
                                            1356.                       
    --------------------------------------------------------------------

      In subsection (d)(2), the words "issued by a bonding company
    authorized to do business in the United States" are substituted for
    46 App. U.S.C. 817d(b) to eliminate unnecessary words. The words
    "or any State thereof or the District of Columbia, the Commonwealth
    of Puerto Rico, the Virgin Islands, or any territory or possession
    of the United States" are omitted as unnecessary because of the
    definition of "United States" in chapter 1 of the revised title.

-End-



-CITE-
    46 USC Sec. 44104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part C - Miscellaneous
    CHAPTER 441 - EVIDENCE OF FINANCIAL RESPONSIBILITY FOR PASSENGER
                   TRANSPORTATION                

-HEAD-
    Sec. 44104. Civil penalty

-STATUTE-
      A person that violates section 44102 or 44103 of this title is
    liable to the United States Government for a civil penalty of not
    more than $5,000, plus $200 for each passage sold, to be assessed
    by the Federal Maritime Commission. The Commission may remit or
    mitigate the penalty on terms the Commission considers proper.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1555.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44104          46 App.:817d(c).        Pub. L. 89-777, Secs. 2(c),  
                                            3(c), Nov. 6, 1966, 80 Stat.
                                            1357.                       
                   46 App.:817e(c).                                     
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 44105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part C - Miscellaneous
    CHAPTER 441 - EVIDENCE OF FINANCIAL RESPONSIBILITY FOR PASSENGER
                   TRANSPORTATION                

-HEAD-
    Sec. 44105. Refusal of clearance

-STATUTE-
      The Secretary of Homeland Security shall refuse the clearance
    required by section 60105 of this title, at the port or place of
    departure from the United States, of a vessel that is subject to
    this chapter and does not have evidence issued by the Federal
    Maritime Commission of compliance with sections 44102 and 44103 of
    this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1555.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44105          46 App.:817d(e).        Pub. L. 89-777, Secs. 2(e),  
                                            3(e), Nov. 6, 1966, 80 Stat.
                                            1357, 1358; Pub. L. 103-182,
                                            title VI, Sec. 689(c), Dec. 
                                            8, 1993, 107 Stat. 2222.    
                   46 App.:817e(e).                                     
    --------------------------------------------------------------------

      The words "Secretary of Homeland Security" are substituted for
    "Customs Service" because the functions of the Customs Service and
    of the Secretary of the Treasury relating thereto were transferred
    to the Secretary of Homeland Security by section 403(1) of the
    Homeland Security Act of 2002 (Pub. L. 107-296, 116 Stat. 2178).

-End-



-CITE-
    46 USC Sec. 44106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle IV - Regulation of Ocean Shipping
    Part C - Miscellaneous
    CHAPTER 441 - EVIDENCE OF FINANCIAL RESPONSIBILITY FOR PASSENGER
                   TRANSPORTATION                

-HEAD-
    Sec. 44106. Conduct of proceedings

-STATUTE-
      Part A of this subtitle applies to proceedings conducted by the
    Federal Maritime Commission under this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 7, Oct. 6, 2006, 120 Stat. 1555.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44106          46 App.:817d(d).        Pub. L. 89-777, Secs. 2(d),  
                                            3(d), Nov. 6, 1966, 80 Stat.
                                            1357, 1358; Pub. L. 104-324,
                                            title VII, Sec. 746(c), Oct.
                                            19, 1996, 110 Stat. 3943.   
                   46 App.:817e(d).                                     
    --------------------------------------------------------------------

      The authority to prescribe regulations is omitted as unnecessary
    because it is already provided by section 305 of the revised title.

-End-


-CITE-
    46 USC Subtitle V - Merchant Marine                         01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine

-HEAD-
    Subtitle V - Merchant Marine


-MISC1-
                             PART A - GENERAL                         
    Chapter                                                          Sec.
    501.    Policy, Studies, and Reports                           50101
    503.    Administrative                                         50301
    505.    Other General Provisions                               50501

                     PART B - MERCHANT MARINE SERVICE                 
    511.    General                                                51101
    513.    United States Merchant Marine Academy                  51301
    515.    State Maritime Academy Support Program                 51501
    517.    Other Support for Merchant Marine Training             51701
    519.    Merchant Marine Awards                                 51901
    521.    Miscellaneous                                          52101

                  PART C - FINANCIAL ASSISTANCE PROGRAMS              
    531.    Maritime Security Fleet                                53101
    533.    Construction Reserve Funds                             53301
    535.    Capital Construction Funds                             53501
    537.    Loans and Guarantees                                   53701
    539.    War Risk Insurance                                     53901

                       PART D - PROMOTIONAL PROGRAMS                   
    551.    Coastwise Trade                                        55101
    553.    Passenger and Cargo Preferences                        55301
    555.    Miscellaneous                                          55501

             PART E - CONTROL OF MERCHANT MARINE CAPABILITIES         
    561.    Restrictions on Transfers                              56101
    563.    Emergency Acquisition of Vessels                       56301
    565.    Essential Vessels Affected by Neutrality Act           56501

                PART F - GOVERNMENT-OWNED MERCHANT VESSELS            
    571.    General Authority                                      57101
    573.    Vessel Trade-In Program                                57301
    575.    Construction, Charter, and Sale of Vessels             57501

                    PART G - RESTRICTIONS AND PENALTIES                
    581.    Restrictions and Penalties                             58101

                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 8(a), Oct. 6, 2006, 120 Stat. 1555,
    amended subtitle analysis generally. Prior to amendment, analysis
    consisted of item for chapter 531 "Maritime Security Fleet".

-End-


-CITE-
    46 USC Part A - General                                     01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General

-HEAD-
                             PART A - GENERAL                         

-End-


-CITE-
    46 USC CHAPTER 501 - POLICY, STUDIES, AND REPORTS           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
                CHAPTER 501 - POLICY, STUDIES, AND REPORTS            

-MISC1-
    Sec.                                                     
    50101.      Objectives and policy.                                
    50102.      Survey of merchant marine.                            
    50103.      Determinations of essential services.                 
    50104.      Studies of general maritime problems.                 
    50105.      Studies and cooperation relating to the construction
                 of vessels.                                          
    50106.      Studies on the operation of vessels.                  
    50107.      Studies on marine insurance.                          
    50108.      Studies on cargo carriage and cargo containers.       
    50109.      Miscellaneous studies.                                
    50110.      Securing preference to vessels of the United States.  
    50111.      Reports to Congress.                                  
    50112.      National Maritime Enhancement Institutes.             
    50113.      Use and performance reports by operators of vessels.  

-End-



-CITE-
    46 USC Sec. 50101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50101. Objectives and policy

-STATUTE-
      (a) Objectives. - It is necessary for the national defense and
    the development of the domestic and foreign commerce of the United
    States that the United States have a merchant marine - 
        (1) sufficient to carry the waterborne domestic commerce and a
      substantial part of the waterborne export and import foreign
      commerce of the United States and to provide shipping service
      essential for maintaining the flow of the waterborne domestic and
      foreign commerce at all times;
        (2) capable of serving as a naval and military auxiliary in
      time of war or national emergency;
        (3) owned and operated as vessels of the United States by
      citizens of the United States;
        (4) composed of the best-equipped, safest, and most suitable
      types of vessels and manned with a trained and efficient citizen
      personnel; and
        (5) supplemented by efficient facilities for building and
      repairing vessels.

      (b) Policy. - It is the policy of the United States to encourage
    and aid the development and maintenance of a merchant marine
    satisfying the objectives described in subsection (a).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1556.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50101          46 App.:861.            June 5, 1920, ch. 250, Sec.  
                                            1, 41 Stat. 988; Exec. Order
                                            No. 6166, June 10, 1933,    
                                            Sec. 12; June 29, 1936, ch. 
                                            858, title II, Sec. 204,    
                                            title IX, Sec. 904, 49 Stat.
                                            1987, 2016; Pub. L. 97-31,  
                                            Sec. 12(33), Aug. 6, 1981,  
                                            95 Stat. 156.               
                   46 App.:891.            May 22, 1928, ch. 675, Sec.  
                                            1, 45 Stat. 689.            
                   46 App.:1101.           June 29, 1936, ch. 858,      
                                            title I, Sec. 101, 49 Stat. 
                                            1985; Pub. L. 91-469, Sec.  
                                            1, Oct. 21, 1970, 84 Stat.  
                                            1018.                       
    --------------------------------------------------------------------

      This section consolidates the source provisions to eliminate
    repetition.

-End-



-CITE-
    46 USC Sec. 50102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50102. Survey of merchant marine

-STATUTE-
      (a) In General. - The Secretary of Transportation shall survey
    the merchant marine of the United States to determine whether
    replacements and additions are required to carry out the objectives
    and policy of section 50101 of this title. The Secretary shall
    study, perfect, and adopt a long-range program for replacements and
    additions that will result, as soon as practicable, in - 
        (1) an adequate and well-balanced merchant fleet, including
      vessels of all types, that will provide shipping service
      essential for maintaining the flow of foreign commerce by vessels
      designed to be readily and quickly convertible into transport and
      supply vessels in a time of national emergency;
        (2) ownership and operation of the fleet by citizens of the
      United States insofar as practicable;
        (3) vessels designed to afford the best and most complete
      protection for passengers and crew against fire and all marine
      perils; and
        (4) an efficient capacity for building and repairing vessels in
      the United States with an adequate number of skilled personnel to
      provide an adequate mobilization base.

      (b) Cooperation With Secretary of Navy. - In carrying out
    subsection (a)(1), the Secretary of Transportation shall cooperate
    closely with the Secretary of the Navy as to national defense
    requirements.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1557.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50102          46 App.:1120.           June 29, 1936, ch. 858,      
                                            title II, Sec. 210, 49 Stat.
                                            1989; Pub. L. 91-469, Secs. 
                                            3, 35(a), Oct. 21, 1970, 84 
                                            Stat. 1018, 1035; Pub.L.    
                                            97-31, Sec. 12(67) (related 
                                            to Sec. 210), Aug. 6, 1981, 
                                            95 Stat. 159.               
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 50103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50103. Determinations of essential services

-STATUTE-
      (a) Essential Services, Routes, and Lines. - 
        (1) In general. - The Secretary of Transportation shall
      investigate, determine, and keep current records of the ocean
      services, routes, and lines from ports in the United States, or
      in the territories and possessions of the United States, to
      foreign markets, which the Secretary determines to be essential
      for the promotion, development, expansion, and maintenance of the
      foreign commerce of the United States. In making such a
      determination, the Secretary shall consider and give due weight
      to - 
          (A) the cost of maintaining each line;
          (B) the probability that a line cannot be maintained except
        at a heavy loss disproportionate to the benefit to foreign
        trade;
          (C) the number of voyages and types of vessels that should be
        employed in a line;
          (D) the intangible benefit of maintaining a line to the
        foreign commerce of the United States, the national defense,
        and other national requirements; and
          (E) any other facts and conditions a prudent business person
        would consider when dealing with the person's own business.

        (2) Saint lawrence seaway. - For purposes of paragraph (1), the
      Secretary shall establish services, routes, and lines that
      reflect the seasonal closing of the Saint Lawrence Seaway and
      provide for alternate routing of vessels through a different
      range of ports during that closing to maintain continuity of
      service on a year-round basis.

      (b) Bulk Cargo Carrying Services. - The Secretary shall
    investigate, determine, and keep current records of the bulk cargo
    carrying services that should be provided by vessels of the United
    States (whether or not operating on particular services, routes, or
    lines) for the promotion, development, expansion, and maintenance
    of the foreign commerce of the United States and the national
    defense or other national requirements.
      (c) Types of Vessels. - The Secretary shall investigate,
    determine, and keep current records of the type, size, speed,
    method of propulsion, and other requirements of the vessels,
    including express-liner or super-liner vessels, that should be
    employed in - 
        (1) the services, routes, or lines described in subsection (a),
      and the frequency and regularity of the voyages of the vessels,
      with a view to furnishing adequate, regular, certain, and
      permanent service; and
        (2) the bulk cargo carrying services described in subsection
      (b).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1557.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50103(a)(1)    46 App.:1121(a).        June 29, 1936, ch. 858,      
                                            title II, Sec. 211(a)-(c),  
                                            49 Stat. 1989; Pub. L.      
                                            91-469, Secs. 4, 35(a), (b),
                                            Oct. 21, 1970, 84 Stat.     
                                            1018, 1035; Pub. L. 97-31,  
                                            Sec. 12(67), Aug. 6, 1981,  
                                            95 Stat. 159.               
    50103(a)(2)    46 App.:1213(a) (3d     June 29, 1936, ch. 858,      
                    sentence related to     title VIII, Sec. 809(a) (3d 
                    1121(a)).               sentence related to 211(a)),
                                            as added Pub. L. 97-35,     
                                            title XVI, Sec. 1604, Aug.  
                                            13, 1981, 95 Stat. 751.     
    50103(b)       46 App.:1121(b).                                     
    50103(c)       46 App.:1121(c).                                     
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 50104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50104. Studies of general maritime problems

-STATUTE-
      The Secretary of Transportation shall study all maritime problems
    arising in carrying out the policy in section 50101 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1558.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50104          46 App.:1122(a).        June 29, 1936, ch. 858,      
                                            title II, Sec. 212(a), 49   
                                            Stat. 1990; Aug. 6, 1981,   
                                            Pub. L. 97-31, Sec. 12(69), 
                                            95 Stat. 159.               
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 50105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50105. Studies and cooperation relating to the construction of
      vessels

-STATUTE-
      (a) Relative Costs and New Designs. - The Secretary of
    Transportation shall investigate, determine, and keep current
    records of - 
        (1) the relative cost of construction of comparable vessels in
      the United States and in foreign countries; and
        (2) new designs, new methods of construction, and new types of
      equipment for vessels.

      (b) Rules, Classifications, and Ratings. - The Secretary shall
    examine the rules under which vessels are constructed abroad and in
    the United States and the methods of classifying and rating the
    vessels.
      (c) Collaboration With Owners and Builders. - The Secretary shall
    collaborate with vessel owners and shipbuilders in developing plans
    for the economical construction of vessels and their propelling
    machinery, of most modern economical types, giving thorough
    consideration to all well-recognized means of propulsion and taking
    into account the benefits from standardized production where
    practicable and desirable.
      (d) Express-Liner and Super-Liner Vessels. - The Secretary shall
    study and cooperate with vessel owners in devising means by which
    there may be constructed, by or with the aid of the United States
    Government, express-liner or super-liner vessels comparable to
    those of other nations, especially with a view to their use in a
    national emergency, and the use of transoceanic aircraft service in
    connection with or in lieu of those vessels.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1558.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50105(a)(1)    46 App.:811 (1st        Sept. 7, 1916, ch. 451, Sec. 
                    sentence words          12 (1st sentence words      
                    before 1st comma).      before 1st comma, 2d        
                                            sentence words before 2d    
                                            comma), 39 Stat. 732; Ex.   
                                            Ord. No. 6166, Sec. 12, eff.
                                            June 10, 1933; June 29,     
                                            1936, ch. 858, title II,    
                                            Sec. 204, title IX, Sec.    
                                            904, 49 Stat. 1987, 2016;   
                                            Pub. L. 97-31, Sec. 12(27), 
                                            Aug. 6, 1981, 95 Stat. 155. 
                   46 App.:1121(d).        June 29, 1936, ch. 858,      
                                            title II, Sec. 211(d), (j)  
                                            (words before 1st           
                                            semicolon), 49 Stat. 1989;  
                                            Pub. L. 91-469, Secs. 4(2), 
                                            35(a), Oct. 21, 1970, 84    
                                            Stat. 1018, 1035; Pub. L.   
                                            97-31, Sec. 12(67), Aug. 6, 
                                            1981, 95 Stat. 159.         
    50105(a)(2)    46 App.:1121(j)                                      
                    (words before 1st                                   
                    semicolon).                                         
    50105(b)       46 App.:811 (2d                                      
                    sentence words                                      
                    before 2d comma).                                   
    50105(c)       46 App.:1122(c).        June 29, 1936, ch. 858,      
                                            title II, Sec. 212(b)(2),   
                                            (c), 49 Stat. 1990; Pub. L. 
                                            97-31, Sec. 12(69), Aug. 6, 
                                            1981, 95 Stat. 159.         
    50105(d)       46 App.:1122(b)(2).                                  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 50106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50106. Studies on the operation of vessels

-STATUTE-
      (a) Relative Costs. - The Secretary of Transportation shall
    investigate, determine, and keep current records of the relative
    cost of marine insurance, maintenance, repairs, wages and
    subsistence of officers and crews, and all other items of expense,
    in the operation of comparable vessels under the laws and
    regulations of the United States and those of the foreign countries
    whose vessels are substantial competitors of American vessels.
      (b) Shipyards. - The Secretary shall investigate, determine, and
    keep current records of the number, location, and efficiency of
    shipyards in the United States.
      (c) Navigation Laws. - The Secretary shall examine the navigation
    laws and regulations of the United States and make such
    recommendations to Congress as the Secretary considers proper for
    the amendment, improvement, and revision of those laws and for the
    development of the merchant marine of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1559.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50106(a)       46 App.:811 (1st        Sept. 7, 1916, ch. 451, Sec. 
                    sentence words          12 (1st sentence words after
                    after 1st comma).       1st comma, 3d sentence), 39 
                                            Stat. 732; Ex. Ord. No.     
                                            6166, Sec. 12, eff. June 10,
                                            1933; June 29, 1936, ch.    
                                            858, title II, Sec. 204,    
                                            title IX, Sec. 904, 49 Stat.
                                            1987, 2016; Pub. L. 97-31,  
                                            Sec. 12(27), Aug. 6, 1981,  
                                            95 Stat. 155.               
                   46 App.:1121(e).        June 29, 1936, ch. 858,      
                                            title II, Sec. 211(e), (g), 
                                            49 Stat. 1989; Pub. L.      
                                            91-469, Secs. 4(2), 5,      
                                            35(a), Oct. 21, 1970, 84    
                                            Stat. 1018, 1035; Pub. L.   
                                            97-31, Sec. 12(67), Aug. 6, 
                                            1981, 95 Stat. 159.         
    50106(b)       46 App.:1121(g).                                     
    50106(c)       46 App.:811 (3d                                      
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (b), the words "existing on June 29, 1936, or
    thereafter built" are omitted as obsolete.

-End-



-CITE-
    46 USC Sec. 50107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50107. Studies on marine insurance

-STATUTE-
      The Secretary of Transportation shall - 
        (1) examine into the subject of marine insurance, the number of
      companies in the United States, domestic and foreign, engaging in
      marine insurance, the extent of the insurance on hulls and
      cargoes placed or written in the United States, and the extent of
      reinsurance of American maritime risks in foreign companies; and
        (2) ascertain what steps may be necessary to develop an ample
      marine insurance system as an aid in the development of the
      merchant marine of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1559.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50107          46 App.:811 (2d         Sept. 7, 1916, ch. 451, Sec. 
                    sentence words          12 (2d sentence words after 
                    after 2d comma).        2d comma), 39 Stat. 732; Ex.
                                            Ord. No. 6166, Sec. 12, eff.
                                            June 10, 1933; June 29,     
                                            1936, ch. 858, title II,    
                                            Sec. 204, title IX, Sec.    
                                            904, 49 Stat. 1987, 2016;   
                                            Pub. L. 97-31, Sec. 12(27), 
                                            Aug. 6, 1981, 95 Stat. 155. 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 50108                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50108. Studies on cargo carriage and cargo containers

-STATUTE-
      (a) Studies. - The Secretary of Transportation shall study - 
        (1) the methods of encouraging the development and
      implementation of new concepts for the carriage of cargo in the
      domestic and foreign commerce of the United States; and
        (2) the economic and technological aspects of the use of cargo
      containers as a method of carrying out the policy in section
      50101 of this title.

      (b) Restriction. - In carrying out subsection (a) and the policy
    in section 50101 of this title, the United States Government may
    not give preference as between carriers based on the length,
    height, or width of cargo containers or the length, height, or
    width of cargo container cells. This restriction applies to all
    existing container vessels and any container vessel to be
    constructed or rebuilt.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1559.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50108          46 App.:1122(f).        June 29, 1936, ch. 858,      
                                            title II, Sec. 212(f); as   
                                            added Pub. L. 90-268, Sec.  
                                            1, Mar. 16, 1968, 82 Stat.  
                                            49; Pub. L. 97-31, Sec.     
                                            12(69), Aug. 6, 1981, 95    
                                            Stat. 159; Pub. L. 98-237,  
                                            Sec. 20(c), Mar. 20, 1984,  
                                            98 Stat. 90.                
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 50109                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50109. Miscellaneous studies

-STATUTE-
      (a) Foreign Subsidies. - The Secretary of Transportation shall
    investigate, determine, and keep current records of the extent and
    character of the governmental aid and subsidies granted by foreign
    governments to their merchant marine.
      (b) Laws Applicable to Aircraft. - The Secretary shall
    investigate, determine, and keep current records of the provisions
    of law relating to shipping that should be made applicable to
    aircraft engaged in foreign commerce to further the policy in
    section 50101 of this title, and any appropriate legislation in
    this regard.
      (c) Aid for Cotton, Coal, Lumber, and Cement. - The Secretary
    shall investigate, determine, and keep current records of the
    advisability of enactment of suitable legislation authorizing the
    Secretary, in an economic or commercial emergency, to aid farmers
    and producers of cotton, coal, lumber, and cement in any section of
    the United States in the transportation and landing of their
    products in any foreign port, which products can be carried in dry-
    cargo vessels by reducing rates, by supplying additional tonnage
    to any American operator, or by operation of vessels directly by
    the Secretary, until the Secretary considers the special rate
    reduction and operation unnecessary for the benefit of those
    farmers and producers.
      (d) Intercoastal and Inland Water Transportation. - The Secretary
    shall investigate, determine, and keep current records of
    intercoastal and inland water transportation, including their
    relation to transportation by land and air.
      (e) Obsolete Tonnage and Tramp Service. - The Secretary shall
    make studies and reports to Congress on - 
        (1) the scrapping or removal from service of old or obsolete
      merchant tonnage owned by the United States Government or in use
      in the merchant marine; and
        (2) tramp shipping service and the advisability of citizens of
      the United States participating in that service with vessels
      under United States registry.

      (f) Mortgage Loans. - The Secretary shall investigate the legal
    status of mortgage loans on vessel property, with a view to the
    means of improving the security of those loans and of encouraging
    investment in American shipping.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1559.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50109(a)       46 App.:1121(f).        June 29, 1936, ch. 858,      
                                            title II, Sec. 211(f), (h), 
                                            (i), (j) (words after 2d    
                                            semicolon), 49 Stat. 1989;  
                                            Pub. L. 91-469, Secs. 4(2), 
                                            35(a), Oct. 21, 1970, 84    
                                            Stat. 1018, 1035; Pub. L.   
                                            97-31, Sec. 12(67), Aug. 6, 
                                            1981, 95 Stat. 159.         
    50109(b)       46 App.:1121(h).                                     
    50109(c)       46 App.:1121(i).                                     
    50109(d)       46 App.:1121(j)                                      
                    (words after 2d                                     
                    semicolon).                                         
    50109(e)       46 App.:1123.           June 29, 1936, ch. 858,      
                                            title II, Sec. 213, 49 Stat.
                                            1991; Pub. L. 87-877, Sec.  
                                            2(c), (d), Oct. 24, 1962, 76
                                            Stat. 1201; Pub. L. 94-273, 
                                            Sec. 27, Apr. 21, 1976, 90  
                                            Stat. 380; Pub. L. 97-31,   
                                            Sec. 12(71), Aug. 6, 1981,  
                                            95 Stat. 159; Pub. L.       
                                            105-85, div. C, title XXXVI,
                                            Sec. 3602, Nov. 18, 1997,   
                                            111 Stat. 2075.             
    50109(f)       46 App.:811 (4th        Sept. 7, 1916, ch. 451, Sec. 
                    sentence).              12 (4th sentence), 39 Stat. 
                                            732; Ex. Ord. No. 6166, Sec.
                                            12, eff. June 10, 1933; June
                                            29, 1936, ch. 858, title II,
                                            Sec. 204, title IX, Sec.    
                                            904, 49 Stat. 1987, 2016;   
                                            Pub. L. 97-31, Sec. 12(27), 
                                            Aug. 6, 1981, 95 Stat. 155. 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 50110                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50110. Securing preference to vessels of the United States

-STATUTE-
      (a) Possibilities of Promoting Carriage. - The Secretary of
    Transportation shall investigate, determine, and keep current
    records of the possibilities of promoting the carriage of United
    States foreign trade in vessels of the United States.
      (b) Inducements to Importers and Exporters. - The Secretary shall
    study and cooperate with vessel owners in devising means by which
    the importers and exporters of the United States can be induced to
    give preference to vessels of the United States.
      (c) Liaison With Agencies and Organizations. - The Secretary
    shall establish and maintain liaison with such other agencies of
    the United States Government, and with such representative trade
    organizations throughout the United States, as may be concerned,
    directly or indirectly, with any movement of commodities in the
    waterborne export and import foreign commerce of the United States,
    for the purpose of securing preference to vessels of the United
    States in the shipment of those commodities.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1560.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50110(a)       46 App.:1121(j)         June 29, 1936, ch. 858,      
                    (words between 1st      title II, Sec. 211(j) (words
                    and 2d semicolons).     between 1st and 2d          
                                            semicolons), 49 Stat. 1989; 
                                            Pub. L. 91-469, Secs. 4(2), 
                                            35(a), Oct. 21, 1970, 84    
                                            Stat. 1018, 1035; Pub. L.   
                                            97-31, Sec. 12(67), Aug. 6, 
                                            1981, 95 Stat. 159.         
    50110(b)       46 App.:1122(b)(1).     June 29, 1936, ch. 858,      
                                            title II, Sec. 212(b)(1),   
                                            (d), 49 Stat. 1990; Pub. L. 
                                            97-31, Sec. 12(69), Aug. 6, 
                                            1981, 95 Stat. 159; Pub. L. 
                                            98-237, Sec. 20(c), Mar. 20,
                                            1984, 98 Stat. 90.          
    50110(c)       46 App.:1122(d).                                     
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 50111                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50111. Reports to Congress

-STATUTE-
      (a) In General. - Not later than April 1 of each year, the
    Secretary of Transportation shall submit a report to Congress. The
    report shall include, with respect to activities of the Secretary
    under this subtitle, the results of investigations, a summary of
    transactions, a statement of all expenditures and receipts, the
    purposes for which all expenditures were made, and any
    recommendations for legislation.
      (b) Administered and Oversight Funds. - The Secretary, in the
    report under subsection (a) and in the annual budget estimate for
    the Maritime Administration submitted to Congress, shall state
    separately the amount, source, intended use, and nature of any
    funds (other than funds appropriated to the Administration or to
    the Secretary of Transportation for use by the Administration)
    administered, or subject to oversight, by the Administration.
      (c) Additional Recommendations for Legislation. - The Secretary,
    from time to time, shall make recommendations to Congress for
    legislation the Secretary considers necessary to better achieve the
    objectives and policy of section 50101 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1560.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50111(a)       46 App.:811 (last       Sept. 7, 1916, ch. 451, Sec. 
                    sentence).              12 (last sentence), 39 Stat.
                                            732; Ex. Ord. No. 6166, Sec.
                                            12, eff. June 10, 1933; June
                                            29, 1936, ch. 858, title II,
                                            Sec. 204, title IX, Sec.    
                                            904, 49 Stat. 1987, 2016;   
                                            Pub. L. 97-31, Sec. 12(27), 
                                            Aug. 6, 1981, 95 Stat. 155. 
                   46 App.:1118            June 29, 1936, ch. 858,      
                    (related to             title II, Sec. 208 (related 
                    Secretary).             to Secretary), 49 Stat.     
                                            1988; Pub. L. 94-273, Sec.  
                                            36, Apr. 21, 1976, 90 Stat. 
                                            380; Pub. L. 97-31, Sec.    
                                            12(65), Aug. 6, 1981, 95    
                                            Stat. 159.                  
                   46 App.:1160(f).        June 29, 1936, ch. 858,      
                                            title V, Sec. 510(f), as    
                                            added Aug. 4, 1939, ch. 417,
                                            Sec. 7, 53 Stat. 1184; Pub. 
                                            L. 97-31, Sec.              
                                            12(91)(A)-(C), Aug. 6, 1981,
                                            95 Stat. 161.               
                   46 App.:1291.           June 29, 1936, ch. 858,      
                                            title XII, Sec. 1211, as    
                                            added Sept. 7, 1950, ch.    
                                            906, 64 Stat. 776; Pub. L.  
                                            89-348, Sec. 1(7), Nov. 8,  
                                            1965, 79 Stat. 1310.        
    50111(b)       46 App.:1118 note.      Pub. L. 106-398, Sec. 1      
                                            [div. C, title XXXV, Sec.   
                                            3506], Oct. 30, 2000, 114   
                                            Stat. 1654, 1654A-494.      
    50111(c)       46 App.:1122(g).        June 29, 1936, ch. 858,      
                                            title II, Sec. 212(g), 49   
                                            Stat. 1990; Pub. L. 90-268, 
                                            Sec. 1, Mar. 16, 1968, 82   
                                            Stat. 49; Pub. L. 97-31,    
                                            Sec. 12(69), Aug. 6, 1981,  
                                            95 Stat. 159; Pub. L.       
                                            98-237, Sec. 20(c), Mar. 20,
                                            1984, 98 Stat. 90.          
    --------------------------------------------------------------------

      In subsection (a), the words "on or before the 1st day of
    December in each year" in 46 App. U.S.C. 811 (last sentence) are
    omitted for consistency with the April 1 date in 46 App.:1118. The
    words "and of the operations of any corporation in which the United
    States is a stockholder, and the names and compensation of all
    persons employed by the Secretary of Transportation" in 46 App.
    U.S.C. 811 (last sentence) are omitted because the provision
    originally applied to the United States Shipping Board (which was
    abolished in 1933) and presumably is not intended to apply to the
    Secretary.

-End-



-CITE-
    46 USC Sec. 50112                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50112. National Maritime Enhancement Institutes

-STATUTE-
      (a) Designation. - The Secretary of Transportation may designate
    National Maritime Enhancement Institutes.
      (b) Activities. - Activities undertaken by an institute may
    include - 
        (1) conducting research about methods to improve the
      performance of maritime industries;
        (2) enhancing the competitiveness of domestic maritime
      industries in international trade;
        (3) forecasting trends in maritime trade;
        (4) assessing technological advancements;
        (5) developing management initiatives and training;
        (6) analyzing economic and operational impacts of regulatory
      policies and international negotiations or agreements pending
      before international bodies;
        (7) assessing the compatibility of domestic maritime
      infrastructure systems with overseas transport systems;
        (8) fostering innovations in maritime transportation pricing;
      and
        (9) improving maritime economics and finance.

      (c) Application for Designation. - An institution seeking
    designation as a National Maritime Enhancement Institute shall
    submit an application under regulations prescribed by the
    Secretary.
      (d) Criteria for Designation. - The Secretary shall designate an
    institute under this section on the basis of the following
    criteria:
        (1) The demonstrated research and extension resources available
      to the applicant for carrying out the activities specified in
      subsection (b).
        (2) The ability of the applicant to provide leadership in
      making national and regional contributions to the solution of
      both long-range and immediate problems of the domestic maritime
      industry.
        (3) The existence of an established program of the applicant
      encompassing research and training directed to enhancing maritime
      industries.
        (4) The demonstrated ability of the applicant to assemble and
      evaluate pertinent information from national and international
      sources and to disseminate results of maritime industry research
      and educational programs through a continuing education program.
        (5) The qualification of the applicant as a nonprofit
      institution of higher learning.

      (e) Financial Awards. - The Secretary may make awards on an equal
    matching basis to an institute designated under subsection (a) from
    amounts appropriated. The aggregate annual amount of the Federal
    share of the awards by the Secretary may not exceed $500,000.
      (f) University Transportation Research Funds. - The Secretary may
    make a grant under section 5505 of title 49 to an institute
    designated under subsection (a) for maritime and maritime
    intermodal research under that section as if the institute were a
    university transportation center. In making a grant, the Secretary,
    through the Research and Innovative Technology Administration,
    shall advise the Maritime Administration on the availability of
    funds for the grants and consult with the Administration on making
    the grants.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1561.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50112          46 App.:1121-2.         Pub. L. 101-115, Sec. 8,     
                                            Oct. 13, 1989, 103 Stat.    
                                            694; Pub. L. 101-595, title 
                                            VII, Sec. 702, Nov. 16,     
                                            1990, 104 Stat. 2994; Pub.  
                                            L. 102-241, Sec. 47, Dec.   
                                            19, 1991, 105 Stat. 2227;   
                                            Pub. L. 106-398, Sec. 1     
                                            [div. C, title XXXV, Sec.   
                                            3504], Oct. 30, 2000, 114   
                                            Stat. 1654, 1654A-493; Pub. 
                                            L. 108-426, Nov. 30, 2004,  
                                            Sec. 2(c)(4), 118 Stat. 2424.
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 50113                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 501 - POLICY, STUDIES, AND REPORTS

-HEAD-
    Sec. 50113. Use and performance reports by operators of vessels

-STATUTE-
      (a) Filing Requirement. - The Secretary of Transportation by
    regulation may require the operator of a vessel in the waterborne
    foreign commerce of the United States to file such report, account,
    record, or memorandum on the use and performance of the vessel as
    the Secretary considers desirable to assist in carrying out this
    subtitle. The report, account, record, or memorandum shall be
    signed and verified, and be filed at the times and in the manner,
    as provided by regulation.
      (b) Civil Penalty. - An operator not filing a report, account,
    record, or memorandum required by the Secretary under this section
    is liable to the United States Government for a civil penalty of
    $50 for each day of the violation. A penalty imposed under this
    section on the operator of a vessel constitutes a lien on the
    vessel involved in the violation. A civil action in rem to enforce
    the lien may be brought in the district court of the United States
    for any district in which the vessel is found. The Secretary may
    remit or mitigate any penalty imposed under this section.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1562.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50113          46 App.:1122a.          June 29, 1936, ch. 858,      
                                            title II, Sec. 212(A), as   
                                            added June 25, 1956, ch.    
                                            437, 70 Stat. 332; Aug. 6,  
                                            1981, Pub. L. 97-31, Sec.   
                                            12(70), 95 Stat. 159.       
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 503 - ADMINISTRATIVE                         01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 503 - ADMINISTRATIVE

-HEAD-
                       CHAPTER 503 - ADMINISTRATIVE                   

-MISC1-
    Sec.                                                     
    50301.      Vessel Operations Revolving Fund.                     
    50302.      Port development.                                     
    50303.      Operating property and extending term of notes.       
    50304.      Sale and transfer of property.                        
    50305.      Appointment of trustee or receiver and operation of
                 vessels.                                             
    50306.      Requiring testimony and records in investigations.    

-End-



-CITE-
    46 USC Sec. 50301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 503 - ADMINISTRATIVE

-HEAD-
    Sec. 50301. Vessel Operations Revolving Fund

-STATUTE-
      (a) In General. - There is a "Vessel Operations Revolving Fund"
    for use by the Secretary of Transportation in carrying out duties
    and powers related to vessel operations, including charter,
    operation, maintenance, repair, reconditioning, and improvement of
    merchant vessels under the jurisdiction of the Secretary. The Fund
    has a working capital of $20,000,000, to remain available until
    expended.
      (b) Relationship to Other Laws. - Notwithstanding any other law,
    rates for shipping services provided under the Fund shall be
    prescribed by the Secretary and the Fund shall be credited with
    receipts from vessel operations conducted under the Fund. Sections
    1(a) and (c), 3(c), and 4 of the Act of March 24, 1943 (50 App.
    U.S.C. 1291(a), (c), 1293(c), 1294), apply to those operations and
    to seamen employed through general agents as employees of the
    United States Government. Notwithstanding any other law on the
    employment of persons by the Government, the seamen may be employed
    in accordance with customary commercial practices in the maritime
    industry.
      (c) Advancements. - With the approval of the Director of the
    Office of Management and Budget, the Secretary may advance amounts
    the Secretary considers necessary, but not more than 2 percent of
    vessel operating expenses, from the Fund to the appropriation
    "Salaries and Expenses" in carrying out duties and powers related
    to vessel operations, without regard to the limitations on amounts
    stated in that appropriation.
      (d) Transfers. - The unexpended balances of working funds or of
    allocation accounts established after January 1, 1951, for the
    activities provided for in subsection (a), and receipts received
    from those activities, may be transferred to the Fund, which shall
    be available for the purposes of those working funds or allocation
    accounts.
      (e) Limitation. - 
        (1) In general. - Amounts made available to the Secretary for
      maritime activities by this section or any other law may not be
      used to pay for a vessel described in paragraph (2) unless the
      compensation to be paid is computed under section 56303 of this
      title as that section is interpreted by the Comptroller General.
        (2) Applicable vessels. - Paragraph (1) applies to a vessel - 
          (A) the title to which is acquired by the Government by
        requisition or purchase;
          (B) the use of which is taken by requisition or agreement; or
          (C) lost while insured by the Government.

        (3) Nonapplicable vessels. - Paragraph (1) does not apply to a
      vessel under a construction-differential subsidy contract.

      (f) Availability for Additional Purposes. - The Fund is available
    for - 
        (1) necessary expenses incurred in the protection,
      preservation, maintenance, acquisition, or use of vessels
      involved in mortgage foreclosure or forfeiture proceedings
      instituted by the Government, including payment of prior claims
      and liens, expenses of sale, or other related charges;
        (2) necessary expenses incident to the redelivery and lay-up,
      in the United States, of vessels chartered as of June 20, 1956,
      under agreements not calling for their return to the Government;
        (3) the activation, repair, and deactivation of merchant
      vessels chartered for limited emergency purposes during fiscal
      year 1957 under the jurisdiction of the Secretary; and
        (4) payment of expenses of custody and maintenance of
      Government-owned vessels not in the National Defense Reserve
      Fleet.

      (g) Expenses and Receipts Related to Charter Operations. - The
    Fund is available for expenses incurred in activating, repairing,
    and deactivating merchant vessels chartered under the jurisdiction
    of the Secretary. Receipts from charter operations of Government-
    owned vessels under the jurisdiction of the Secretary shall be
    credited to the Fund.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1562.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50301(a)       46 App.:1241a (1st      June 2, 1951, ch. 121 (pars. 
                    sentence).              under heading "Vessel       
                                            Operations Revolving Fund"),
                                            65 Stat. 59; Pub. L. 97-31, 
                                            Sec. 12(128), Aug. 6, 1981, 
                                            95 Stat. 165; Pub. L.       
                                            108-271, Sec. 8(b), July 7, 
                                            2004, 118 Stat. 814.        
    50301(b)       46 App.:1241a (2d                                    
                    sentence words                                      
                    before 2d proviso).                                 
    50301(c)       46 App.:1241a (2d                                    
                    sentence 2d                                         
                    proviso).                                           
    50301(d)       46 App.:1241a (2d                                    
                    sentence last                                       
                    proviso).                                           
    50301(e)       46 App.:1241a (last                                  
                    sentence).                                          
    50301(f)       46 App.:1241b.          June 20, 1956, ch. 415,      
                                            title I, Sec. 101 (4th      
                                            complete par. on p. 319), 70
                                            Stat. 319; Pub. L. 97-31,   
                                            Sec. 12(129), Aug. 6, 1981, 
                                            95 Stat. 165.               
                   46 App.:1241b note.                                  
    50301(g)       46 App.:1241c.          Aug. 1, 1956, ch. 846, 70    
                                            Stat. 897; Pub. L. 97-31,   
                                            Sec. 12(130), Aug. 6, 1981, 
                                            95 Stat. 165.               
    --------------------------------------------------------------------

      In subsection (c), the words "Director of the Office of
    Management and Budget" are substituted for "Bureau of the Budget"
    in the Act of June 2, 1951 (ch. 121, 65 Stat. 59), because of
    sections 101 and 102 of Reorganization Plan No. 2 of 1970 (5 App.
    U.S.C.) and 31 U.S.C. ch. 5. The words "for the purposes of that
    appropriation" are omitted for clarity and for consistency in the
    subsection.
      In subsection (d), the words "notwithstanding any other
    provisions of law" and "and consolidated with" are omitted as
    unnecessary.
      In subsection (e), in paragraph (1), the words "Comptroller
    General" are substituted for "Government Accountability Office" for
    consistency in the revised title. Paragraph (3) is substituted for
    "(except in cases where section 1212 of this Appendix is
    applicable)" because section 1212 applies to all vessels under a
    construction-differential subsidy contract.
      In subsection (f), the words "On and after June 20, 1956", and
    the last proviso in the 4th complete par. at 70 Stat. 319 (46 App.
    U.S.C. 1241b note), are omitted as obsolete.
      In subsection (g), the words "beginning July 1, 1956" and "after
    July 1, 1956" are omitted as obsolete.

-End-



-CITE-
    46 USC Sec. 50302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 503 - ADMINISTRATIVE

-HEAD-
    Sec. 50302. Port development

-STATUTE-
      (a) General Requirements. - With the objective of promoting,
    encouraging, and developing ports and transportation facilities in
    connection with water commerce over which the Secretary of
    Transportation has jurisdiction, the Secretary, in cooperation with
    the Secretary of the Army, shall - 
        (1) investigate territorial regions and zones tributary to
      ports, taking into consideration the economies of transportation
      by rail, water, and highway and the natural direction of the flow
      of commerce;
        (2) investigate the causes of congestion of commerce at ports
      and applicable remedies;
        (3) investigate the subject of water terminals, including the
      necessary docks, warehouses, and equipment, to devise and suggest
      the types most appropriate for different locations and for the
      most expeditious and economical transfer or interchange of
      passengers or property between water carriers and rail carriers;
        (4) consult with communities on the appropriate location and
      plan of construction of wharves, piers, and water terminals;
        (5) investigate the practicability and advantages of harbor,
      river, and port improvements in connection with foreign and
      coastwise trade; and
        (6) investigate any other matter that may tend to promote and
      encourage the use by vessels of ports adequate to care for the
      freight that naturally would pass through those ports.

      (b) Submission of Findings to Surface Transportation Board. -
    After an investigation under subsection (a), if the Secretary of
    Transportation believes that the rates or practices of a rail
    carrier subject to the jurisdiction of the Surface Transportation
    Board are detrimental to the objective specified in subsection (a),
    or that new rates or practices, new or additional port terminal
    facilities, or affirmative action by a rail carrier is necessary to
    promote that objective, the Secretary may submit findings to the
    Board for action the Board considers appropriate under existing
    law.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1564.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50302(a)       46 App.:867 (words      June 5, 1920, ch. 250, Sec.  
                    before proviso).        8, 41 Stat. 992; Exec. Order
                                            No. 6166, June 10, 1933,    
                                            Sec. 12; June 29, 1936, ch. 
                                            858, title II, Sec. 204,    
                                            title IX, Sec. 904, 49 Stat.
                                            1987, 2016; Pub. L. 97-31,  
                                            Sec. 12(40), Aug. 6, 1981,  
                                            95 Stat. 156; Pub. L.       
                                            104-88, Sec. 321(1), Dec.   
                                            29, 1995, 109 Stat. 949.    
    50302(b)       46 App.:867                                          
                    (proviso).                                          
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the words "Secretary of
    the Army" are substituted for "Secretary of War" in section 8 of
    the Merchant Marine Act, 1920 (ch. 250, 41 Stat. 992) because of
    section 205(a) of the National Security Act of 1947 (ch. 343, 61
    Stat. 501). See 10 U.S.C. 3011 et seq. In paragraph (3), the words
    "apparatus" and "appliances" are omitted as unnecessary. In
    paragraph (4), the words "consult with" are substituted for "advise
    with" as being more grammatical.
      In subsection (b), the words "rates or practices" are substituted
    for "rates, charges, rules, or regulations" for consistency in the
    revised title and with other titles of the United States Code.

-End-



-CITE-
    46 USC Sec. 50303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 503 - ADMINISTRATIVE

-HEAD-
    Sec. 50303. Operating property and extending term of notes

-STATUTE-
      (a) General Authority. - The Secretary of Transportation may - 
        (1) operate or lease docks, wharves, piers, or real property
      under the Secretary's control; and
        (2) make extensions and accept renewals of - 
          (A) promissory notes and other evidences of indebtedness on
        property; and
          (B) mortgages and other contracts securing the property.

      (b) Terms of Transactions. - A transaction under subsection (a)
    shall be on terms the Secretary considers necessary to carry out
    the purposes of this subtitle, but consistent with sound business
    practice.
      (c) Availability of Amounts. - Amounts received by the Secretary
    from a transaction under this section are available for expenditure
    by the Secretary as provided in this subtitle.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1564.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50303          46 App.:1112.           June 29, 1936, ch. 858,      
                                            title II, Sec. 202, 49 Stat.
                                            1986; Aug. 26, 1937, ch.    
                                            822, Sec. 1, 50 Stat. 839;  
                                            June 23, 1938, ch. 600, Sec.
                                            1, 52 Stat. 953; Pub. L.    
                                            97-31, Sec. 12(60), Aug. 6, 
                                            1981, 95 Stat. 158.         
    --------------------------------------------------------------------

      In subsection (a), the words "Notwithstanding any other provision
    of law" are omitted as unnecessary. In paragraph (1), the word
    "lands" is omitted as included in "real property". In paragraph
    (2)(A), the word "promissory" is added for clarity. The words
    "hereby transferred", referring to the transfer under the first
    sentence of section 202 of the Merchant Marine Act, 1936 (repealed
    by section 12(60)(A) of Public Law 97-31), are omitted as obsolete.
      Subsection (b) is substituted for "in accordance with good
    business methods and on such terms and conditions as he determines
    to effectuate the policy of this chapter" and "upon such terms and
    conditions as he may prescribe in accordance with sound business
    practice" for consistency and to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 50304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 503 - ADMINISTRATIVE

-HEAD-
    Sec. 50304. Sale and transfer of property

-STATUTE-
      (a) Authority To Sell. - The Secretary of Transportation may sell
    property (other than vessels transferred under section 4 of the
    Merchant Marine Act, 1920 (ch. 250, 41 Stat. 990)) on terms the
    Secretary considers appropriate.
      (b) Transfers From Military to Civilian Control. - When the
    President considers it in the interest of the United States, the
    President may transfer to the Secretary of Transportation
    possession and control of property described in the second
    paragraph of section 17 of the Merchant Marine Act, 1920 (ch. 250,
    41 Stat. 994), as originally enacted, that is possessed and
    controlled by the Secretary of a military department.
      (c) Transfers From Civilian to Military Control. - When the
    President considers it necessary, the President by executive order
    may transfer to the Secretary of a military department possession
    and control of property described in section 17 of the Merchant
    Marine Act, 1920 (ch. 250, 41 Stat. 994), as originally enacted,
    that is possessed and controlled by the Secretary of
    Transportation. The President's order shall state the need for the
    transfer and the period of the need. When the President decides
    that the need has ended, the possession and control shall revert to
    the Secretary of Transportation. The property may not be sold
    except as provided by law.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1565.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50304(a)       46 App.:872.            June 5, 1920, ch. 250, Secs. 
                                            13, 17, 41 Stat. 993, 994;  
                                            Exec. Order No. 6166, June  
                                            10, 1933, Sec. 12; June 29, 
                                            1936, ch. 858, title II,    
                                            Sec. 204, title IX, Sec.    
                                            904, 49 Stat. 1987, 2016;   
                                            Pub. L. 97-31, Sec. 12(44), 
                                            (45), Aug. 6, 1981, 95 Stat.
                                            157.                        
    50304(b)       46 App.:875 (1st                                     
                    par.).                                              
    50304(c)       46 App.:875 (last                                    
                    par.).                                              
    --------------------------------------------------------------------

      In subsections (b) and (c), the words "property described in the
    second paragraph of section 17 of the Merchant Marine Act, 1920
    (ch. 250, 41 Stat. 994), as originally enacted" are substituted for
    "such other docks, piers, warehouses, wharves and terminal
    equipment and facilities or parts thereof, including all leasehold
    easements, rights of way, riparian rights and other rights, estates
    or interests therein or appurtenant thereto which were acquired . .
    . for military or naval purposes during the war emergency", and the
    words "property described in section 17 of the Merchant Marine Act,
    1920 (ch. 250, 41 Stat. 994), as originally enacted" are
    substituted for "property taken over by or transferred to . . .
    under this section", because the first paragraph of section 17 of
    the Merchant Marine Act, 1920, was repealed in 1981 and reference
    to that paragraph is necessary for a complete understanding of
    these provisions. The words "Secretary of a military department"
    are substituted for "War Department or the Navy Department" and
    "Department of the Army, Department of the Air Force, or Department
    of the Navy" for consistency with other titles of the United States
    Code. For redesignation of the Department of War to the Department
    of the Army, and for transfer of certain functions to newly
    established Department of the Air Force, see sections 205(a) and
    207(a) and (f) of the National Security Act of 1947 (ch. 343, 61
    Stat. 501, 502, 503).
      In subsection (b), the words "possessed and controlled by" are
    substituted for "acquired by" for clarity and for consistency in
    the section. The word "best" is omitted as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4 of the Merchant Marine Act, 1920, referred to in
    subsec. (a), is section 4 of act June 5, 1920, ch. 250, 41 Stat.
    990, which was classified to section 863 of former Title 46,
    Shipping, and was repealed by Pub. L. 100-710, title II, Sec.
    202(4), Nov. 23, 1988, 102 Stat. 4753.
      Section 17 of the Merchant Marine Act, 1920 (ch. 250, 41 Stat.
    994), as originally enacted, referred to in subsecs. (b) and (c),
    is section 17 of act June 5, 1920, ch. 250, 41 Stat. 994, which was
    classified to section 875 of the former Appendix to this title, was
    subsequently amended, and as amended, was repealed and restated in
    subsecs. (b) and (c) of this section by Pub. L. 109-304, Secs.
    8(b), 19, Oct. 6, 2006, 120 Stat. 1556, 1710.

-End-



-CITE-
    46 USC Sec. 50305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 503 - ADMINISTRATIVE

-HEAD-
    Sec. 50305. Appointment of trustee or receiver and operation of
      vessels

-STATUTE-
      (a) Appointment of Trustees and Receivers. - 
        (1) Appointment of secretary. - In a proceeding in a court of
      the United States in which a trustee or receiver may be appointed
      for a corporation operating a vessel of United States registry
      between the United States and a foreign country, on which the
      United States Government holds a mortgage, the court may appoint
      the Secretary of Transportation as the sole trustee or receiver
      (subject to the direction of the court) if - 
          (A) the court finds that the appointment will - 
            (i) inure to the advantage of the estate and the parties in
          interest; and
            (ii) tend to carry out the purposes of this subtitle; and

          (B) the Secretary expressly consents to the appointment.

        (2) Appointment of other person. - The appointment of another
      person as trustee or receiver without a hearing becomes effective
      when ratified by the Secretary, but the Secretary may demand a
      hearing.

      (b) Operation of Vessels. - 
        (1) In general. - If the court is unwilling to allow the
      trustee or receiver to operate the vessel in foreign commerce
      without financial aid from the Government pending termination of
      the proceeding, and the Secretary certifies to the court that the
      continued operation of the vessel is essential to the foreign
      commerce of the United States and is reasonably calculated to
      carry out the purposes of this subtitle, the court may allow the
      Secretary to operate the vessel, either directly or through a
      managing agent or operator employed by the Secretary. The
      Secretary must agree to comply with terms imposed by the court
      sufficient to protect the parties in interest. The Secretary also
      must agree to pay all operating losses resulting from the
      operation. The operation shall be for the account of the trustee
      or receiver.
        (2) Payment of operating losses and other amounts. - The
      Secretary has no claim against the corporation, its estate, or
      its assets for operating losses paid by the Secretary, but the
      Secretary may pay amounts for depreciation the Secretary
      considers reasonable and other amounts the court considers just.
      The payment of operating losses and the other amounts and
      compliance with terms imposed by the court shall be in
      satisfaction of any claim against the Secretary resulting from
      the operation of the vessel.
        (3) Deemed operation by government. - A vessel operated by the
      Secretary under this subsection is deemed to be a vessel operated
      by the United States under chapter 309 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1565.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50305          46 App.:1247.           June 29, 1936, ch. 858,      
                                            title IX, Sec. 908, as added
                                            Pub. L. 95-598, title III,  
                                            Sec. 334, Nov. 6, 1978, 92  
                                            Stat. 2680; Pub. L. 97-31,  
                                            Sec. 12(134), Aug. 6, 1981, 
                                            95 Stat. 165.               
    --------------------------------------------------------------------

      In subsection (a)(1), before subparagraph (A), the words
    "Notwithstanding any other provision of law" and "bankruptcy,
    equity, or admiralty" are omitted as unnecessary.
      In subsection (a)(2), the words "but the Secretary may demand a
    hearing" are substituted for "unless the Secretary shall deem a
    hearing necessary" for clarity.
      In subsection (b)(1), the words "subject to the orders of the
    court" and "comply with the terms imposed by the court" are omitted
    as unnecessary.
      In subsection (b)(2), the words "operating losses paid by the
    Secretary" are substituted for "the amount of such payments" for
    clarity.
      In subsection (b)(3), the words "vessel operated by the United
    States" are substituted for "vessel of the United States" for
    clarity and consistency with chapter 309.

-End-



-CITE-
    46 USC Sec. 50306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 503 - ADMINISTRATIVE

-HEAD-
    Sec. 50306. Requiring testimony and records in investigations

-STATUTE-
      (a) In General. - In conducting an investigation that the
    Secretary of Transportation considers necessary and proper to carry
    out this subtitle, the Secretary may administer oaths, take
    evidence, and subpoena persons to testify and produce documents
    relevant to the matter under investigation. Persons may be required
    to attend or produce documents from any place in the United States
    at any designated place of hearing.
      (b) Fees and Mileage. - Persons subpoenaed by the Secretary under
    subsection (a) shall be paid the same fees and mileage paid to
    witnesses in the courts of the United States.
      (c) Enforcement of Subpoenas. - If a person disobeys a subpoena
    issued under subsection (a), the Secretary may seek an order
    enforcing the subpoena from the district court of the United States
    for the district in which the person resides or does business.
    Process may be served in the judicial district in which the person
    resides or is found. The court may issue an order to obey the
    subpoena and punish a refusal to obey as a contempt of court.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1566.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50306          46 App.:1124.           June 29, 1936, ch. 858,      
                                            title II, Sec. 214, 49 Stat.
                                            1991; June 23, 1938, ch.    
                                            600, Sec. 3, 52 Stat. 954;  
                                            Pub. L. 91-452, title II,   
                                            Sec. 241, Oct. 15, 1970, 84 
                                            Stat. 930; Pub. L. 97-31,   
                                            Sec. 12(72), Aug. 6, 1981,  
                                            95 Stat. 159; Pub. L.       
                                            98-237, Sec. 20(a), Mar. 20,
                                            1984, 98 Stat. 89; Pub. L.  
                                            98-595, Sec. 2, Oct. 30,    
                                            1984, 98 Stat. 3132.        
    --------------------------------------------------------------------

      In subsection (a), the word "affirmations" is omitted as
    unnecessary because of the definition of "oath" in 1 U.S.C. 1. The
    words "or any territory, district, or possession thereof" are
    omitted as unnecessary because of the definition of "United States"
    in chapter 1 of the revised title.
      Subsection (c) is substituted for the source provision to
    eliminate unnecessary words.

-End-


-CITE-
    46 USC CHAPTER 505 - OTHER GENERAL PROVISIONS               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 505 - OTHER GENERAL PROVISIONS

-HEAD-
                  CHAPTER 505 - OTHER GENERAL PROVISIONS              

-MISC1-
    Sec.                                                     
    50501.      Entities deemed citizens of the United States.        
    50502.      Applicability to receivers, trustees, successors, and
                 assigns.                                             
    50503.      Oceanographic research vessels.                       
    50504.      Sailing school vessels.                               

-End-



-CITE-
    46 USC Sec. 50501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 505 - OTHER GENERAL PROVISIONS

-HEAD-
    Sec. 50501. Entities deemed citizens of the United States

-STATUTE-
      (a) In General. - In this subtitle, a corporation, partnership,
    or association is deemed to be a citizen of the United States only
    if the controlling interest is owned by citizens of the United
    States. However, if the corporation, partnership, or association is
    operating a vessel in the coastwise trade, at least 75 percent of
    the interest must be owned by citizens of the United States.
      (b) Additional Requirements for Corporations. - In this subtitle,
    a corporation is deemed to be a citizen of the United States only
    if, in addition to satisfying the requirements in subsection (a) - 
        (1) it is incorporated under the laws of the United States or a
      State;
        (2) its chief executive officer, by whatever title, and the
      chairman of its board of directors are citizens of the United
      States; and
        (3) no more of its directors are noncitizens than a minority of
      the number necessary to constitute a quorum.

      (c) Determination of Controlling Corporate Interest. - The
    controlling interest in a corporation is owned by citizens of the
    United States under subsection (a) only if - 
        (1) title to the majority of the stock in the corporation is
      vested in citizens of the United States free from any trust or
      fiduciary obligation in favor of a person not a citizen of the
      United States;
        (2) the majority of the voting power in the corporation is
      vested in citizens of the United States;
        (3) there is no contract or understanding by which the majority
      of the voting power in the corporation may be exercised, directly
      or indirectly, in behalf of a person not a citizen of the United
      States; and
        (4) there is no other means by which control of the corporation
      is given to or permitted to be exercised by a person not a
      citizen of the United States.

      (d) Determination of 75 Percent Corporate Interest. - At least 75
    percent of the interest in a corporation is owned by citizens of
    the United States under subsection (a) only if - 
        (1) title to at least 75 percent of the stock in the
      corporation is vested in citizens of the United States free from
      any trust or fiduciary obligation in favor of a person not a
      citizen of the United States;
        (2) at least 75 percent of the voting power in the corporation
      is vested in citizens of the United States;
        (3) there is no contract or understanding by which more than 25
      percent of the voting power in the corporation may be exercised,
      directly or indirectly, in behalf of a person not a citizen of
      the United States; and
        (4) there is no other means by which control of more than 25
      percent of any interest in the corporation is given to or
      permitted to be exercised by a person not a citizen of the United
      States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1566.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50501(a)       46 App.:802(a)          Sept. 7, 1916, ch. 451, Sec. 
                    (words before 3d        2(a)-(c), 39 Stat. 729; July
                    comma and after         15, 1918, ch. 152, Sec. 2,  
                    11th comma).            40 Stat. 900; June 5, 1920, 
                                            ch. 250, Sec. 38, 41 Stat.  
                                            1008; Pub. L. 86-327, Sec.  
                                            3, Sept. 21, 1959, 73 Stat. 
                                            597; Pub. L. 105-383, title 
                                            IV, Sec. 421, Nov. 13, 1998,
                                            112 Stat. 3439.             
                   46 App.:1244(c).        June 29, 1936, ch. 858,      
                                            title IX, Sec. 905(c), 49   
                                            Stat. 2016; June 23, 1938,  
                                            ch. 600, Sec. 39(b), 52     
                                            Stat. 964; Pub. L. 86-327,  
                                            Sec. 4, Sept. 21, 1959, 73  
                                            Stat. 597.                  
    50501(b)       46 App.:802(a)                                       
                    (words between 3d                                   
                    and 11th commas).                                   
    50501(c)       46 App.:802(b).                                      
    50501(d)       46 App.:802(c).                                      
    --------------------------------------------------------------------

      In subsection (a), the words "and with respect to a corporation
    under subchapter VI of this chapter, all directors of the
    corporation are citizens of the United States" in 46 App. U.S.C.
    1244(c) are omitted because part A of subchapter VI contains the
    operating-differential subsidy program which, under 46 App. U.S.C.
    1185a, is being phased out, and part B of subchapter VI contains
    the Maritime Security Fleet program which is being repealed
    (effective October 1, 2005) and replaced by chapter 531 of title 46
    as enacted by the Maritime Security Act of 2003. Thus, subchapter
    VI is being omitted from the revised title and will instead appear
    as a note under section 53101. The words "and, in the case of a
    corporation, partnership, or association operating a vessel on the
    Great Lakes, or on bays, sounds, rivers, harbors, or inland lakes
    of the United States the amount of interest required to be owned by
    a citizen of the United States shall be not less than 75 per
    centum" in 46 App. U.S.C. 1244(c) are omitted as covered by the 75
    percent ownership requirement for operation in the coastwise trade.
      In subsection (b)(1), the words "Territory, District, or
    possession thereof" are omitted because of the definition of
    "State" in chapter 1 of the revised title.

-End-



-CITE-
    46 USC Sec. 50502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 505 - OTHER GENERAL PROVISIONS

-HEAD-
    Sec. 50502. Applicability to receivers, trustees, successors, and
      assigns

-STATUTE-
      This subtitle applies to receivers, trustees, successors, and
    assigns of any person to whom this subtitle applies.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1567.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50502          46 App.:803.            Sept. 7, 1916, ch. 451, Sec. 
                                            2(d), 39 Stat. 729; June 5, 
                                            1920, ch. 250, Sec. 38, 41  
                                            Stat. 1008.                 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 50503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 505 - OTHER GENERAL PROVISIONS

-HEAD-
    Sec. 50503. Oceanographic research vessels

-STATUTE-
      An oceanographic research vessel (as defined in section 2101 of
    this title) is deemed not to be engaged in trade or commerce.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1567.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50503          46 App.:441.            Pub. L. 89-99, Secs. 1, 3,   
                                            4, July 30, 1965, 79 Stat.  
                                            424.                        
                   46 App.:443.                                         
                   46 App.:444.                                         
    --------------------------------------------------------------------

      The definitions of "oceanographic research vessel" and
    "scientific personnel" in 46 App. U.S.C. 441 are omitted because
    substantially the same definitions are already in 46 U.S.C. 2101.
      The text of 46 App. U.S.C. 444 is omitted because section
    10101(3) of title 46, which defines "seaman" for purposes of part G
    of subtitle II of title 46, already contains an exception for
    scientific personnel. Title 53 of the Revised Statutes, referred to
    [in] 46 App. U.S.C. 444, was previously codified principally in
    part G of subtitle II of title 46.

-End-



-CITE-
    46 USC Sec. 50504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part A - General
    CHAPTER 505 - OTHER GENERAL PROVISIONS

-HEAD-
    Sec. 50504. Sailing school vessels

-STATUTE-
      (a) Definitions. - In this section, the terms "sailing school
    instructor", "sailing school student", and "sailing school vessel"
    have the meaning given those terms in section 2101 of this title.
      (b) Not Seamen. - A sailing school student or sailing school
    instructor is deemed not to be a seaman under - 
        (1) parts B, F, and G of subtitle II of this title; or
        (2) the maritime law doctrines of maintenance and cure or
      warranty of seaworthiness.

      (c) Not Merchant Vessel or Engaged in Trade or Commerce. - A
    sailing school vessel is deemed not to be - 
        (1) a merchant vessel under section 11101(a)-(c) of this title;
      or
        (2) a vessel engaged in trade or commerce.

      (d) Evidence of Financial Responsibility. - The owner or
    charterer of a sailing school vessel shall maintain evidence of
    financial responsibility to meet liability for death or injury to
    sailing school students and sailing school instructors on a voyage
    on the vessel. The amount of financial responsibility shall be at
    least $50,000 for each student and instructor. Financial
    responsibility under this subsection may be evidenced by insurance
    or other adequate financial resources.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1568.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    50504(a)       46 App.:446c.           Pub. L. 97-322, title II,    
                                            Secs. 204, 205, 207, Oct.   
                                            15, 1982, 96 Stat. 1589.    
    50504(b)       46 App.:446.                                         
    50504(c)       46 App.:446b.           Pub. L. 97-322, title II,    
                                            Sec. 206, Oct. 15, 1982, 96 
                                            Stat. 1590; Pub. L. 98-557, 
                                            Sec. 34(b), Oct. 30, 1984,  
                                            98 Stat. 2876.              
    50504(d)       46 App.:446a.                                        
    --------------------------------------------------------------------

      In subsection (b)(1), the words "parts B, F, and G of subtitle II
    of this title" are substituted for "the provisions of titles 52 and
    53 of the Revised Statutes of the United States and any Act
    amendatory thereof or supplementary thereto" because the relevant
    provisions of titles 52 and 53 of the Revised Statutes were
    previously codified in parts B, F, and G of subtitle II of title
    46.
      In subsection (c), references to 46 App. U.S.C. 291 and 883 are
    omitted for consistency with section 50503 of the revised title.

-End-


-CITE-
    46 USC Part B - Merchant Marine Service                     01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service

-HEAD-
                     PART B - MERCHANT MARINE SERVICE                 

-End-


-CITE-
    46 USC CHAPTER 511 - GENERAL                                01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 511 - GENERAL

-HEAD-
                           CHAPTER 511 - GENERAL                       

-MISC1-
    Sec.                                                     
    51101.      Policy.                                               
    51102.      Definitions.                                          
    51103.      General authority of Secretary of Transportation.     
    51104.      General authority of Secretary of the Navy.           

-End-



-CITE-
    46 USC Sec. 51101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 511 - GENERAL

-HEAD-
    Sec. 51101. Policy

-STATUTE-
      It is the policy of the United States that merchant marine
    vessels of the United States should be operated by highly trained
    and efficient citizens of the United States and that the United
    States Navy and the merchant marine of the United States should
    work closely together to promote the maximum integration of the
    total seapower forces of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1568.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51101          46 App.:1126-1(a)       Pub. L. 94-361, title VI,    
                    (1st sentence).         Sec. 603(a) (1st sentence), 
                                            July 14, 1976, 90 Stat. 929.
                   46 App.:1295 (1st       June 29, 1936, ch. 858,      
                    sentence).              title XIII, Sec. 1301 (1st  
                                            sentence), as added Pub. L. 
                                            96-453, Sec. 2, Oct. 15,    
                                            1980, 94 Stat. 1997.        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 511 - GENERAL

-HEAD-
    Sec. 51102. Definitions

-STATUTE-
      In this part:
        (1) Academy. - The term "Academy" means the United States
      Merchant Marine Academy located at Kings Point, New York, and
      maintained under chapter 513 of this title.
        (2) Cost of education provided. - The term "cost of education
      provided" means the financial costs incurred by the United States
      Government for providing training or financial assistance to
      students at the Academy and the State maritime academies,
      including direct financial assistance, room, board, classroom
      academics, and other training activities.
        (3) Merchant marine officer. - The term "merchant marine
      officer" means an individual issued a license by the Coast Guard
      authorizing service as - 
          (A) a master, mate, or pilot on a documented vessel that - 
            (i) is of at least 1,000 gross tons as measured under
          section 14502 of this title or an alternate tonnage measured
          under section 14302 of this title as prescribed by the
          Secretary under section 14104 of this title; and
            (ii) operates on the oceans or the Great Lakes; or

          (B) an engineer officer on a documented vessel propelled by
        machinery of at least 4,000 horsepower.

        (4) State maritime academy. - The term "State maritime academy"
      means - 
          (A) a State maritime academy or college sponsored by a State
        and assisted under chapter 515 of this title; and
          (B) a regional maritime academy or college sponsored by a
        group of States and assisted under chapter 515 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1568.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51102          46 App.:1295a.          June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1302, as   
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            1997; Pub. L. 97-31, Sec.   
                                            12(143), Aug. 6, 1981, 95   
                                            Stat. 166; Pub. L. 104-324, 
                                            title VII, Sec. 708, Oct.   
                                            19, 1996, 110 Stat. 3934;   
                                            Pub. L. 108-136, title XXXV,
                                            Sec. 3515(a), Nov. 24, 2003,
                                            117 Stat. 1792.             
    --------------------------------------------------------------------

      The definition of "Secretary" is omitted as unnecessary because
    the full title is used the first time the term appears in each
    section.
      In the definition of "merchant marine office", the words
    "documented vessel" are substituted for "vessel . . . which is
    documented under the laws of the United States" because of the
    definition of "documented vessel" in 46 U.S.C. 2101, which is being
    moved to chapter 1 of the revised title.
      In the definition of "State maritime academy", the words "or
    territory of the United States" and "or territories of the United
    States" are omitted as unnecessary because of the definition of
    "State" in chapter 1 of the revised title.

-End-



-CITE-
    46 USC Sec. 51103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 511 - GENERAL

-HEAD-
    Sec. 51103. General authority of Secretary of Transportation

-STATUTE-
      (a) Education and Training. - The Secretary of Transportation may
    provide for the education and training of citizens of the United
    States for the safe and efficient operation of the merchant marine
    of the United States at all times, including operation as a naval
    and military auxiliary in time of war or national emergency.
      (b) Surplus Property for Instructional Purposes. - 
        (1) In general. - The Secretary may cooperate with and assist
      the institutions named in paragraph (2) by making vessels,
      shipboard equipment, and other marine equipment, owned by the
      United States Government and determined to be excess or surplus,
      available to those institutions for instructional purposes, by
      gift, loan, sale, lease, or charter on terms the Secretary
      considers appropriate.
        (2) Institutions. - The institutions referred to in paragraph
      (1) are - 
          (A) the United States Merchant Marine Academy;
          (B) a State maritime academy; and
          (C) a nonprofit training institution jointly approved by the
        Secretary of Transportation and the Secretary of the department
        in which the Coast Guard is operating as offering training
        courses that meet Federal regulations for maritime training.

      (c) Assistance From Other Agencies. - 
        (1) In general. - The Secretary of Transportation may secure
      directly from an agency, on a reimbursable basis, information,
      facilities, and equipment necessary to carry out this part.
        (2) Detailing personnel. - At the request of the Secretary, the
      head of an agency (including a military department) may detail,
      on a reimbursable basis, personnel from the agency to the
      Secretary to assist in carrying out this part.

      (d) Academy Personnel. - To carry out this part, the Secretary
    may - 
        (1) employ an individual as a professor, lecturer, or
      instructor at the Academy, without regard to the provisions of
      title 5 governing appointments in the competitive service; and
        (2) pay the individual without regard to chapter 51 and
      subchapter III of chapter 53 of title 5.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1569.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51103(a)       46 App.:1295 (last      June 29, 1936, ch. 858,      
                    sentence cl. (1)).      title XIII, Sec. 1301 (last 
                                            sentence cl. (1)), as added 
                                            Pub. L. 96-453, Sec. 2, Oct.
                                            15, 1980, 94 Stat. 1997;    
                                            Pub. L. 97-31, Sec.         
                                            12(142)(A), Aug. 6, 1981, 95
                                            Stat. 166.                  
    51103(b)       46 App.:1295g(b).       June 29, 1936, ch. 858,      
                                            title XIII, Sec.            
                                            1308(b)-(d), as added Pub.  
                                            L. 96-453, Sec. 2, Oct. 15, 
                                            1980, 94 Stat. 2007.        
    51103(c)       46 App.:1295g(c).                                    
    51103(d)       46 App.:1295g(d).                                    
    --------------------------------------------------------------------

      In subsection (c), the word "department" is omitted as
    unnecessary because of the definition of "agency" in chapter 1 of
    the revised title.

-End-



-CITE-
    46 USC Sec. 51104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 511 - GENERAL

-HEAD-
    Sec. 51104. General authority of Secretary of the Navy

-STATUTE-
      The Secretary of the Navy, in cooperation with the Maritime
    Administrator and the head of each State maritime academy, shall
    ensure that - 
        (1) the training of future merchant marine officers at the
      United States Merchant Marine Academy and at State maritime
      academies includes programs for naval science training in the
      operation of merchant vessels as a naval and military auxiliary;
      and
        (2) naval officer training programs for future officers,
      insofar as possible, are maintained at designated maritime
      academies consistent with Navy standards and needs.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1570.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51104          46 App.:1126-1(a)       Pub. L. 94-361, title VI,    
                    (last sentence),        Sec. 603(a) (last sentence),
                    (b).                    (b), July 14, 1976, 90 Stat.
                                            929; Pub. L. 97-31, Sec.    
                                            12(76), Aug. 6, 1981, 95    
                                            Stat. 160.                  
                   46 App.:1295 (last      June 29, 1936, ch. 858,      
                    sentence cl. (2)).      title XIII, Sec. 1301 (last 
                                            sentence cl. (2)), as added 
                                            Pub. L. 96-453, Sec. 2, Oct.
                                            15, 1980, 94 Stat. 1997;    
                                            Pub. L. 97-31, Sec.         
                                            12(142)(B), Aug. 6, 1981, 95
                                            Stat. 166.                  
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 513 - UNITED STATES MERCHANT MARINE
           ACADEMY                                         01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
            CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY        

-MISC1-
    Sec.                                                     
    51301.      Maintenance of the Academy.                           
    51302.      Nomination and competitive appointment of cadets.     
    51303.      Non-competitive appointments.                         
    51304.      Additional appointments from particular areas.        
    51305.      Prohibited basis for appointment.                     
    51306.      Cadet commitment agreements.                          
    51307.      Places of training.                                   
    51308.      Uniforms, textbooks, and transportation allowances.   
    51309.      Academic degree.                                      
    51310.      Deferment of service obligation under cadet commitment
                 agreements.                                          
    51311.      Midshipman status in the Naval Reserve.               
    51312.      Board of Visitors.                                    
    51313.      Advisory Board.                                       
    51314.      Limitation on charges and fees for attendance.        

-End-



-CITE-
    46 USC Sec. 51301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51301. Maintenance of the Academy

-STATUTE-
      The Secretary of Transportation shall maintain the United States
    Merchant Marine Academy to provide instruction to individuals to
    prepare them for service in the merchant marine of the United
    States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1570.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51301          46 App.:1295b(a).       June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1303(a), as
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            1998.                       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51302. Nomination and competitive appointment of cadets

-STATUTE-
      (a) Requirements. - An individual may be nominated for a
    competitive appointment as a cadet at the United States Merchant
    Marine Academy only if the individual - 
        (1) is a citizen or national of the United States; and
        (2) meets the minimum requirements that the Secretary of
      Transportation shall establish.

      (b) Nominators. - Nominations for competitive appointments for
    the positions allocated under subsection (c) may be made as
    follows:
        (1) A Senator may nominate residents of the State represented
      by that Senator.
        (2) A Member of the House of Representatives may nominate
      residents of the State in which the congressional district
      represented by that Member is located.
        (3) A Delegate to the House of Representatives from the
      District of Columbia, the Virgin Islands, Guam, or American Samoa
      may nominate residents of the jurisdiction represented by that
      Delegate.
        (4) The Resident Commissioner to the United States from Puerto
      Rico may nominate residents of Puerto Rico.
        (5) The Governor of the Northern Mariana Islands may nominate
      residents of the Northern Mariana Islands.
        (6) The Panama Canal Commission may nominate - 
          (A) residents, or sons or daughters of residents, of an area
        or installation in Panama and made available to the United
        States under the Panama Canal Treaty of 1977, the agreements
        relating to and implementing that Treaty, signed September 7,
        1977, and the Agreement Between the United States of America
        and the Republic of Panama Concerning Air Traffic Control and
        Related Services, concluded January 8, 1979; and
          (B) sons or daughters of personnel of the United States
        Government and the Panama Canal Commission residing in Panama.

      (c) Allocation of Positions. - Positions for competitive
    appointments shall be allocated each year as follows:
        (1) Positions shall be allocated for residents of each State
      nominated by the Members of Congress from that State in
      proportion to the representation in Congress from that State.
        (2) Four positions shall be allocated for residents of the
      District of Columbia nominated by the Delegate to the House of
      Representatives from the District of Columbia.
        (3) One position each shall be allocated for residents of the
      Virgin Islands, Guam, and American Samoa nominated by the
      Delegates to the House of Representatives from the Virgin
      Islands, Guam, and American Samoa, respectively.
        (4) One position shall be allocated for a resident of Puerto
      Rico nominated by the Resident Commissioner to the United States
      from Puerto Rico.
        (5) One position shall be allocated for a resident of the
      Northern Mariana Islands nominated by the Governor of the
      Northern Mariana Islands.
        (6) Two positions shall be allocated for individuals nominated
      by the Panama Canal Commission.

      (d) Competitive System for Appointment. - 
        (1) Establishment of system. - The Secretary shall establish a
      competitive system for selecting individuals nominated under
      subsection (b) to fill the positions allocated under subsection
      (c). The system must determine the relative merit of each
      individual based on competitive examinations, an assessment of
      the individual's academic background, and other effective
      indicators of motivation and probability of successful completion
      of training at the Academy.
        (2) Appointments by jurisdiction. - The Secretary shall appoint
      individuals to fill the positions allocated under subsection (c)
      for each jurisdiction in the order of merit of the individuals
      nominated from that jurisdiction.
        (3) Remaining unfilled positions. - If positions remain
      unfilled after the appointments are made under paragraph (2), the
      Secretary shall appoint individuals to fill the positions in the
      order of merit of the remaining individuals nominated from all
      jurisdictions.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1570.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51302(a)       46 App.:1295b(b)        June 29, 1936, ch. 858,      
                    (1)(A).                 title XIII, Sec.            
                                            1303(b)(1)-(3)(A), as added 
                                            Pub. L. 96-453, Sec. 2, Oct.
                                            15, 1980, 94 Stat. 1998;    
                                            Pub. L. 101-595, title VII, 
                                            Sec. 708(1), (2), Nov. 16,  
                                            1990, 104 Stat. 2995.       
                   46 App.:1295b(b)(2)                                  
                    (A) (related to                                     
                    nominations).                                       
    51302(b)       46 App.:1295b(b)(1)                                  
                    (less cl. (A)).                                     
                   46 App.:1295b(b)(3)                                  
                    (A)(ii) (related to                                 
                    who may be                                          
                    nominated).                                         
    51302(c)       46 App.:1295b(b)(3)                                  
                    (A) (less (ii)                                      
                    (related to who may                                 
                    be nominated)).                                     
    51302(d)       46 App.:1295b(b)(2)                                  
                    (A) (related to                                     
                    selection), (B),                                    
                    (3)(B), (C).                                        
    --------------------------------------------------------------------

      In subsection (b)(6)(A), the words "residents, or sons or
    daughters of residents, of an area or installation" are substituted
    for "a resident of the area or installation" in 46 App. U.S.C.
    1295b(b)(1)(B) and "sons or daughters of residents of any area or
    installation" in 46 App. U.S.C. 1295b(b)(3)(A)(ii) to resolve an
    inconsistency in the source law and to conform to the probable
    intent of Congress. Although 46 App. U.S.C. 1295b(b)(1)(B) provides
    that a nominee must be a resident, 46 App. U.S.C.
    1295b(b)(3)(A)(ii) allocates positions only for sons or daughters
    of residents.

-End-



-CITE-
    46 USC Sec. 51303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51303. Non-competitive appointments

-STATUTE-
      The Secretary of Transportation may appoint each year without
    competition as cadets at the United States Merchant Marine Academy
    not more than 40 qualified individuals with qualities the Secretary
    considers to be of special value to the Academy. In making these
    appointments, the Secretary shall try to achieve a national
    demographic balance at the Academy.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1572.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51303          46 App.:1295b(b)        June 29, 1936, ch. 858,      
                    (3)(D).                 title XIII, Sec.            
                                            1303(b)(3)(D), as added Pub.
                                            L. 96-453, Sec. 2, Oct. 15, 
                                            1980, 94 Stat. 1999.        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51304. Additional appointments from particular areas

-STATUTE-
      (a) Other Countries in Western Hemisphere. - The President may
    appoint individuals from countries in the Western Hemisphere other
    than the United States to receive instruction at the United States
    Merchant Marine Academy. Not more than 12 individuals may receive
    instruction under this subsection at the same time, and not more
    than 2 individuals from the same country may receive instruction
    under this subsection at the same time.
      (b) Other Countries Generally. - 
        (1) Appointment. - The Secretary of Transportation, with the
      approval of the Secretary of State, may appoint individuals from
      countries other than the United States to receive instruction at
      the Academy. Not more than 30 individuals may receive instruction
      under this subsection at the same time.
        (2) Reimbursement. - The Secretary of Transportation shall
      ensure that the country from which an individual comes under this
      subsection will reimburse the Secretary for the cost (as
      determined by the Secretary) of the instruction and allowances
      received by the individual.

      (c) Panama. - 
        (1) Appointment. - The Secretary of Transportation, with the
      approval of the Secretary of State, may appoint individuals from
      Panama to receive instruction at the Academy. Individuals
      appointed under this subsection are in addition to those
      appointed under any other provision of this chapter.
        (2) Reimbursement. - The Secretary of Transportation shall be
      reimbursed for the cost (as determined by the Secretary) of the
      instruction and allowances received by an individual appointed
      under this subsection.

      (d) Allowances and Regulations. - Individuals receiving
    instruction under this section are entitled to the same allowances
    and are subject to the same regulations on admission, attendance,
    discipline, resignation, discharge, dismissal, and graduation, as
    cadets at the Academy appointed from the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1572.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51304(a)       46 App.:1295b(b)        June 29, 1936, ch. 858,      
                    (5)(A), (B).            title XIII, Sec.            
                                            1303(b)(5)-(7), as added    
                                            Pub. L. 96-453, Sec. 2, Oct.
                                            15, 1980, 94 Stat. 1999;    
                                            Pub. L. 99-368, Sec. 5, Aug.
                                            1, 1986, 100 Stat. 776; Pub.
                                            L. 101-595, title VII, Sec. 
                                            708(3), Nov. 16, 1990, 104  
                                            Stat. 2995.                 
    51304(b)       46 App.:1295b(b)                                     
                    (6)(A)-(C).                                         
    51304(c)       46 App.:1295b(b)                                     
                    (7)(A), (B).                                        
    51304(d)       46 App.:1295b(b)                                     
                    (5)(C), (6)(D),                                     
                    (7)(C).                                             
    --------------------------------------------------------------------

      The word "appoint" is substituted for "designate" and "permit"
    for consistency in the chapter.

-End-



-CITE-
    46 USC Sec. 51305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51305. Prohibited basis for appointment

-STATUTE-
      Preference may not be given to an individual for appointment as a
    cadet at the United States Merchant Marine Academy because one or
    more members of the individual's immediate family are alumni of the
    Academy.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1572.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51305          46 App.:1295b(b)        June 29, 1936, ch. 858,      
                    (3)(E).                 title XIII, Sec.            
                                            1303(b)(3)(E), as added Pub.
                                            L. 96-453, Sec. 2, Oct. 15, 
                                            1980, 94 Stat. 1999.        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51306. Cadet commitment agreements

-STATUTE-
      (a) Agreement Requirements. - A citizen of the United States
    appointed as a cadet at the United States Merchant Marine Academy
    must sign, as a condition of the appointment, an agreement to - 
        (1) complete the course of instruction at the Academy;
        (2) fulfill the requirements for a license as an officer in the
      merchant marine of the United States before graduation from the
      Academy;
        (3) maintain a valid license as an officer in the merchant
      marine of the United States for at least 6 years after graduation
      from the Academy, accompanied by the appropriate national and
      international endorsements and certification required by the
      Coast Guard for service aboard vessels on domestic and
      international voyages;
        (4) apply for, and accept if tendered, an appointment as a
      commissioned officer in the Naval Reserve (including the Merchant
      Marine Reserve, Naval Reserve), the Coast Guard Reserve, or any
      other reserve unit of an armed force of the United States, and,
      if tendered the appointment, to serve for at least 6 years after
      graduation from the Academy;
        (5) serve the foreign and domestic commerce and the national
      defense of the United States for at least 5 years after
      graduation from the Academy - 
          (A) as a merchant marine officer on a documented vessel or a
        vessel owned and operated by the United States Government or by
        a State;
          (B) as an employee in a United States maritime-related
        industry, profession, or marine science (as determined by the
        Secretary of Transportation), if the Secretary determines that
        service under subparagraph (A) is not available to the
        individual;
          (C) as a commissioned officer on active duty in an armed
        force of the United States, as a commissioned officer in the
        National Oceanic and Atmospheric Administration, or in other
        maritime-related Federal employment which serves the national
        security interests of the United States, as determined by the
        Secretary; or
          (D) by a combination of the service alternatives referred to
        in subparagraphs (A)-(C); and

        (6) report to the Secretary on compliance with this subsection.

      (b) Failure To Complete Course of Instruction. - 
        (1) Active duty. - If the Secretary of Transportation
      determines that an individual who has attended the Academy for at
      least 2 years has failed to fulfill the part of the agreement
      described in subsection (a)(1), the individual may be ordered by
      the Secretary of Defense to serve on active duty in one of the
      armed forces of the United States for a period of not more than 2
      years. In cases of hardship as determined by the Secretary of
      Transportation, the Secretary of Transportation may waive this
      paragraph in whole or in part.
        (2) Recovery of cost. - If the Secretary of Defense is unable
      or unwilling to order an individual to serve on active duty under
      paragraph (1), or if the Secretary of Transportation determines
      that reimbursement of the cost of education provided would better
      serve the interests of the United States, the Secretary of
      Transportation may recover from the individual the cost of
      education provided by the Government.

      (c) Failure To Carry Out Other Requirements. - 
        (1) Active duty. - If the Secretary of Transportation
      determines that an individual has failed to fulfill any part of
      the agreement described in subsection (a)(2)-(6), the individual
      may be ordered to serve on active duty for a period of at least 3
      years but not more than the unexpired period (as determined by
      the Secretary) of the service required by subsection (a)(5). The
      Secretary of Transportation, in consultation with the Secretary
      of Defense, shall determine in which service the individual shall
      serve. In cases of hardship as determined by the Secretary of
      Transportation, the Secretary of Transportation may waive this
      paragraph in whole or in part.
        (2) Recovery of cost. - If the Secretary of Defense is unable
      or unwilling to order an individual to serve on active duty under
      paragraph (1), or if the Secretary of Transportation determines
      that reimbursement of the cost of education provided would better
      serve the interests of the United States, the Secretary of
      Transportation may recover from the individual the cost of
      education provided. The Secretary may reduce the amount to be
      recovered to reflect partial performance of service obligations
      and other factors the Secretary determines merit a reduction.

      (d) Actions To Recover Cost. - To aid in the recovery of the cost
    of education provided by the Government under a commitment
    agreement under this section, the Secretary of Transportation may -
    
        (1) request the Attorney General to bring a civil action
      against the individual; and
        (2) make use of the Federal debt collection procedures in
      chapter 176 of title 28 or other applicable administrative
      remedies.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1572; Pub. L.
    109-163, div. A, title V, Sec. 515(g)(2)(A), Jan. 6, 2006, 119
    Stat. 3236; Pub. L. 109-364, div. C, title XXXV, Secs. 3505(a),
    3506(a), Oct. 17, 2006, 120 Stat. 2516, 2517.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      This section was derived from provisions of section 1295b(e) of
    the former Appendix to this title, which was amended by Pub. L. 109-
    163, div. A, title V, Sec. 515(g)(2)(A), Jan. 6, 2006, 119 Stat.
    3236, and Pub. L. 109-364, div. C, title XXXV, Secs. 3505(a),
    3506(a), Oct. 17, 2006, 120 Stat. 2516, 2517. For applicability of
    those amendments to this section, see section 18(a) of Pub. L. 109-
    304, set out as a Legislative Purpose and Construction note
    preceding section 101 of this title. Section 1295b(e) of the former
    Appendix to this title was amended by striking "Naval Reserve" each
    place it appears and inserting "Navy Reserve" and by adding the
    following:

      "(6)(A) 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 subparagraphs (C), (D), and (E) of paragraph
    (1) [now paragraphs (3) to (5) of subsection (a) of this section].
      "(B) The Secretary may modify or waive any of the terms and
    conditions set forth in paragraph (1) through the imposition of
    alternative service requirements.
      "(7)(A) Subject to any otherwise applicable restrictions on
    disclosure in section 552a of title 5, United States Code, 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 - 
        "(i) shall report the status of obligated service of an
      individual graduate of the Academy upon request of the Secretary;
      and
        "(ii) 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.

      "(B) A report or notice under subparagraph (A) 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.
      "(C) 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."

      For effective dates of paragraphs (6) and (7) above, see
    Effective Date of 2006 Amendment note below.



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51306(a)       46 App.:1295b(e)(1).    June 29, 1936, ch. 858,      
                                            title XIII, Sec.            
                                            1303(e)(1)-(4), as added    
                                            Pub. L. 96-453, Sec. 2, Oct.
                                            15, 1980, 94 Stat. 2000;    
                                            Pub. L. 97-31, Sec.         
                                            12(144)(A), Aug. 6, 1981, 95
                                            Stat. 166; Pub. L. 101-595, 
                                            title VII, Sec. 707(a), Nov.
                                            16, 1990, 104 Stat. 2995;   
                                            Pub. L. 108-136, title XXXV,
                                            Sec. 3515(b), Nov. 24, 2003,
                                            117 Stat. 1792.             
    51306(b)       46 App.:1295b(e)(2).                                 
    51306(c)       46 App.:1295b(e)(3).                                 
    51306(d)       46 App.:1295b(e)(4).                                 
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the words "after the
    date occurring 6 months after October 1, 1981" are omitted as
    obsolete. In paragraph (2), the words "before graduating" are
    substituted for "on or before the date of graduation" to eliminate
    unnecessary words. In paragraph (5)(A), the words "or territories"
    are omitted as unnecessary because of the definition of "State" in
    chapter 1 of the revised title.
      In subsection (d), the words "bring a civil action" are
    substituted for "begin court proceedings" for consistency in the
    revised title and with rule 2 of the Federal Rules of Civil
    Procedure (28 App. U.S.C.).


-MISC1-
                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-364, div. C, title XXXV, Sec. 3505(b), Oct. 17, 2006,
    120 Stat. 2517, provided that: "Paragraph (6) of section 1303(e) of
    the Merchant Marine Act, 1936 ([former] 46 U.S.C. App. 1295b(e))
    [see Amendments Not Shown in Text note above], as added by this
    section, applies only to an individual who enrolls as a cadet at
    the United States Merchant Marine Academy, and signs an agreement
    under paragraph (1) of that section [now 46 U.S.C. 51306(a)], after
    the date of the enactment of this Act [Oct. 17, 2006]."
      Pub. L. 109-364, div. C, title XXXV, Sec. 3506(b), Oct. 17, 2006,
    120 Stat. 2517, provided that: "The amendment made by this section
    [enacting par. (7) of former 46 U.S.C. App. 1295b(e), see
    Amendments Not Shown in Text note above] does not apply with
    respect to an agreement entered into under section 1303(e) of the
    Merchant Marine Act, 1936 ([former] 46 U.S.C. [App.] 1295b(e)) [see
    46 U.S.C. 51306(a)] before the date of the enactment of this Act
    [Oct. 17, 2006]."

-End-



-CITE-
    46 USC Sec. 51307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51307. Places of training

-STATUTE-
      The Secretary of Transportation may provide for the training of
    cadets at the United States Merchant Marine Academy - 
        (1) on vessels owned or subsidized by the United States
      Government;
        (2) on other documented vessels, with the permission of the
      owner; and
        (3) in shipyards or plants and with industrial or educational
      organizations.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1574; Pub. L.
    109-241, title III, Sec. 307, July 11, 2006, 120 Stat. 528.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 1295b(f) of the former
    Appendix to this title, which was amended by Pub. L. 109-241, title
    III, Sec. 307, July 11, 2006, 120 Stat. 528. For applicability of
    that amendment to this section, see section 18(a) of Pub. L. 109-
    304, set out as a Legislative Purpose and Construction note
    preceding section 101 of this title. Section 1295b(f) of the former
    Appendix to this title was amended as follows:
      (1) by striking "and" at the end of paragraph (2);
      (2) by striking the period at the end of paragraph (3) and
    inserting "; and"; and
      (3) by adding at the end the following:
        "(4) on any other vessel considered by the Secretary to be
      necessary or appropriate or in the national interest."



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51307          46 App.:1295b(f).       June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1303(f), as
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            2002.                       
    --------------------------------------------------------------------

      In paragraph (2), the words "with the permission of the owner"
    are substituted for "if the owner . . . cooperates in such use" for
    clarity.

-End-



-CITE-
    46 USC Sec. 51308                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51308. Uniforms, textbooks, and transportation allowances

-STATUTE-
      The Secretary of Transportation shall provide cadets at the
    United States Merchant Marine Academy - 
        (1) all required uniforms and textbooks; and
        (2) allowances for transportation (including reimbursement of
      traveling expenses) when traveling under orders as a cadet.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1574.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51308          46 App.:1295b(d).       June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1303(d), as
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            2000.                       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51309                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51309. Academic degree

-STATUTE-
      (a) Bachelor's Degree. - 
        (1) In general. - The Superintendent of the United States
      Merchant Marine Academy may confer the degree of bachelor of
      science on an individual who - 
          (A) has met the conditions prescribed by the Secretary of
        Transportation; and
          (B) if a citizen of the United States, has passed the
        examination for a merchant marine officer's license.

        (2) Effect of physical disqualification. - An individual not
      allowed to take the examination for a merchant marine officer's
      license only because of physical disqualification may not be
      denied a degree for not taking the examination.

      (b) Master's Degree. - The Superintendent of the Academy may
    confer a master's degree on an individual who has met the
    conditions prescribed by the Secretary. A master's degree program
    may be funded through non-appropriated funds. To maintain the
    appropriate academic standards, the program shall be accredited by
    the appropriate accreditation body. The Secretary may prescribe
    regulations necessary to administer such a program.
      (c) Graduation Not Entitlement To Hold License. - Graduation from
    the Academy does not entitle an individual to hold a license
    authorizing service on a merchant vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1574.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51309(a)       46 App.:1295b(g)(1).    June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1303(g), as
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            2002; restated Pub. L.      
                                            108-136, title XXXV, Sec.   
                                            3515(c), Nov. 24, 2003, 117 
                                            Stat. 1794.                 
    51309(b)       46 App.:1295b(g)(2).                                 
    51309(c)       46 App.:1295b(b)(8).    June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1303(b)(8),
                                            as added Pub. L. 96-453,    
                                            Sec. 2, Oct. 15, 1980, 94   
                                            Stat. 1997; Pub. L. 99-368, 
                                            Sec. 5, Aug. 1, 1986, 100   
                                            Stat. 776.                  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51310                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51310. Deferment of service obligation under cadet commitment
      agreements

-STATUTE-
      The Secretary of Transportation may defer the service commitment
    of an individual under section 51306(a)(5) of this title (as
    specified in the cadet commitment agreement) for not more than 2
    years if the individual is engaged in a graduate course of study
    approved by the Secretary. However, deferment of service as a
    commissioned officer under section 51306(a)(5) must be approved by
    the Secretary of the military department that has jurisdiction over
    the service or by the Secretary of Commerce for service with the
    National Oceanic and Atmospheric Administration.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1575.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51310          46 App.:1295b(e)(5).    June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1303(e)(5),
                                            as added Pub. L. 96-453,    
                                            Sec. 2, Oct. 15, 1980, 94   
                                            Stat. 2001; Pub. L. 97-31,  
                                            Sec. 12(144)(B), Aug. 6,    
                                            1981, 95 Stat. 166; Pub. L. 
                                            108-136, title XXXV, Sec.   
                                            3515(b)(6), Nov. 24, 2003,  
                                            117 Stat. 1793.             
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51311                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51311. Midshipman status in the Naval Reserve

-STATUTE-
      (a) Application Requirement. - Before being appointed as a cadet
    at the United States Merchant Marine Academy, a citizen of the
    United States must agree to apply for midshipman status in the
    Naval Reserve (including the Merchant Marine Reserve, Naval
    Reserve).
      (b) Appointment. - 
        (1) In general. - A citizen of the United States appointed as a
      cadet at the Academy shall be appointed by the Secretary of the
      Navy as a midshipman in the Naval Reserve (including the Merchant
      Marine Reserve, Naval Reserve).
        (2) Rights and privileges. - The Secretary of the Navy shall
      provide for cadets of the Academy who are midshipmen in the
      United States Naval Reserve to be - 
          (A) issued an identification card (referred to as a "military
        ID card"); and
          (B) entitled to all rights and privileges in accordance with
        the same eligibility criteria as apply to other members of the
        Ready Reserve of the reserve components of the armed forces.

        (3) Coordination. - The Secretary of the Navy shall carry out
      paragraphs (1) and (2) in coordination with the Secretary of
      Transportation.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1575; Pub. L.
    109-163, div. A, title V, Sec. 515(g)(2), Jan. 6, 2006, 119 Stat.
    3236.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from provisions of section 1295b of the
    former Appendix to this title, which was amended by Pub. L. 109-
    163, div. A, title V, Sec. 515(g)(2), Jan. 6, 2006, 119 Stat.
    3236. For applicability of that amendment to this section, see
    section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose
    and Construction note preceding section 101 of this title. Section
    1295b of the former Appendix to this title was amended by striking
    "Naval Reserve" each place it appears and inserting "Navy Reserve"
    and by striking "Naval Reserve" in subsec. (c) and inserting "Navy
    Reserve".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51311(a)       46 App.:1295b(b)        June 29, 1936, ch. 858,      
                    (3)(F).                 title XIII, Sec.            
                                            1303(b)(3)(F), (c), as added
                                            Pub. L. 96-453, Sec. 2, Oct.
                                            15, 1980, 94 Stat. 1999,    
                                            2000; Pub. L. 105-261, div. 
                                            A, title V, Sec. 568, Oct.  
                                            17, 1998, 112 Stat. 2031;   
                                            Pub. L. 106-65, div. A,     
                                            title X, Sec. 1066(b)(5),   
                                            Oct. 5, 1999, 113 Stat. 772.
    51311(b)       46 App.:1295b(c).                                    
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51312                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51312. Board of Visitors

-STATUTE-
      (a) In General. - A Board of Visitors to the United States
    Merchant Marine Academy shall be established, for a term of 2 years
    commencing at the beginning of each Congress, to visit the Academy
    annually on a date determined by the Secretary of Transportation
    and to make recommendations on the operation of the Academy.
      (b) Appointment. - 
        (1) In general. - The Board shall be composed of - 
          (A) 2 Senators appointed by the chairman of the Committee on
        Commerce, Science, and Transportation of the Senate;
          (B) 3 Members of the House of Representatives appointed by
        the chairman of the Committee on Armed Services of the House of
        Representatives;
          (C) 1 Senator appointed by the Vice President;
          (D) 2 Members of the House of Representatives appointed by
        the Speaker of the House of Representatives; and
          (E) the chairmen of the Committee on Commerce, Science, and
        Transportation of the Senate and the Committee on Armed
        Services of the House of Representatives, as ex officio
        members.

        (2) Substitute appointment. - If an appointed member of the
      Board is unable to visit the Academy as provided in subsection
      (a), another individual may be appointed as a substitute in the
      manner provided in paragraph (1).

      (c) Staff. - The chairmen of the Committee on Commerce, Science,
    and Transportation of the Senate and the Committee on Armed
    Services of the House of Representatives may designate staff
    members of their committees to serve without reimbursement as staff
    for the Board.
      (d) Travel Expenses. - When serving away from home or regular
    place of business, a member of the Board or a staff member
    designated under subsection (c) shall be allowed travel expenses,
    including per diem in lieu of subsistence, as authorized by section
    5703 of title 5.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1575.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51312          46 App.:1295b(h).       June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1303(h), as
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            2002; Pub. L. 97-35, title  
                                            XVI, Sec. 1607, Aug. 13,    
                                            1981, 95 Stat. 752; Pub. L. 
                                            101-595, title VII, Sec.    
                                            703, Nov. 16, 1990, 104     
                                            Stat. 2994.                 
    --------------------------------------------------------------------

      The words "Committee on Armed Services" are substituted for
    "Committee on Merchant Marine and Fisheries" to reflect changes in
    committee structure made by the 104th Congress.

-End-



-CITE-
    46 USC Sec. 51313                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51313. Advisory Board

-STATUTE-
      (a) In General. - An Advisory Board to the United States Merchant
    Marine Academy shall be established to visit the Academy at least
    once during each academic year, for the purpose of examining the
    course of instruction and management of the Academy and advising
    the Maritime Administrator and the Superintendent of the Academy.
      (b) Appointment and Terms. - The Board shall be composed of not
    more than 7 individuals appointed by the Secretary of
    Transportation. The individuals must be distinguished in education
    and other fields related to the Academy. Members of the Board shall
    be appointed for terms of not more than 3 years and may be
    reappointed. The Secretary shall designate one of the members as
    chairman.
      (c) Travel Expenses. - When serving away from home or regular
    place of business, a member of the Board shall be allowed travel
    expenses, including per diem in lieu of subsistence, as authorized
    by section 5703 of title 5.
      (d) Relationship to Other Law. - The Federal Advisory Committee
    Act (5 App. U.S.C.) does not apply to the Board.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1576.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51313          46 App.:1295b(i).       June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1303(i), as
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            2002; Pub. L. 97-31, Sec.   
                                            12(144)(C), Aug. 6, 1981, 95
                                            Stat. 166.                  
    --------------------------------------------------------------------


-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec. (d),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, which is set out in
    the Appendix to Title 5, Government Organization and Employees.

-End-



-CITE-
    46 USC Sec. 51314                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY

-HEAD-
    Sec. 51314. Limitation on charges and fees for attendance

-STATUTE-
      (a) Prohibition. - Except as provided in subsection (b), no
    charge or fee for tuition, room, or board for attendance at the
    United States Merchant Marine Academy may be imposed unless the
    charge or fee is specifically authorized by a law enacted after
    October 5, 1994.
      (b) Exception. - The prohibition specified in subsection (a) does
    not apply with respect to any item or service provided to cadets
    for which a charge or fee is imposed as of October 5, 1994. The
    Secretary of Transportation shall notify Congress of any change
    made by the Academy in the amount of a charge or fee authorized
    under this subsection.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1576.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51314          46 App.:1295b(j).       June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1303(j), as
                                            added Pub. L. 108-375, Oct. 
                                            28, 2004, div. A, title V,  
                                            Sec. 545(e), 118 Stat. 1909.
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT
           PROGRAM                                         01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM

-HEAD-
           CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM       

-MISC1-
    Sec.                                                     
    51501.      General support program.                              
    51502.      Detailing of personnel.                               
    51503.      Regional maritime academies.                          
    51504.      Use of training vessels.                              
    51505.      Annual payments for maintenance and support.          
    51506.      Conditions to receiving payments and use of vessels.  
    51507.      Places of training.                                   
    51508.      Allowances for students.                              
    51509.      Student incentive payment agreements.                 
    51510.      Deferment of service obligation under student
                 incentive payment agreements.                        
    51511.      Midshipman status in the Naval Reserve.               

-End-



-CITE-
    46 USC Sec. 51501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM

-HEAD-
    Sec. 51501. General support program

-STATUTE-
      (a) Assistance to State Maritime Academies. - The Secretary of
    Transportation shall cooperate with and assist State maritime
    academies in providing instruction to individuals to prepare them
    for service in the merchant marine of the United States.
      (b) Course Development. - The Secretary shall provide to each
    State maritime academy guidance and assistance in developing
    courses on the operation and maintenance of new vessels, on
    equipment, and on innovations being introduced to the merchant
    marine of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1577.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51501(a)       46 App.:1295c(a).       June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1304(a),   
                                            (d)(2), as added Pub. L.    
                                            96-453, Sec. 2, Oct. 15,    
                                            1980, 94 Stat. 2003, 2004.  
    51501(b)       46 App.:1295c(d)(2).                                 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM

-HEAD-
    Sec. 51502. Detailing of personnel

-STATUTE-
      At the request of the Governor of a State, the President may
    detail, without reimbursement, personnel of the Navy, the Coast
    Guard, and the Maritime Service to a State maritime academy to
    serve as a superintendent, professor, lecturer, or instructor at
    the academy.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1577.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51502          46 App.:1295c(e).       June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1304(e), as
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            2004.                       
    --------------------------------------------------------------------

      The reference to territories is omitted as unnecessary because of
    the definition of "State" in chapter 1 of the revised title.

-End-



-CITE-
    46 USC Sec. 51503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM

-HEAD-
    Sec. 51503. Regional maritime academies

-STATUTE-
      The Governors of the States cooperating to sponsor a regional
    maritime academy shall designate in writing one of those States to
    conduct the affairs of that academy. A regional maritime academy is
    eligible for assistance from the United States Government on the
    same basis as a State maritime academy sponsored by a single State.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1577.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51503          46 App.:1295c(b).       June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1304(b), as
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            2003.                       
    --------------------------------------------------------------------

      The reference to territories is omitted as unnecessary because of
    the definition of "State" in chapter 1 of the revised title.

-End-



-CITE-
    46 USC Sec. 51504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM

-HEAD-
    Sec. 51504. Use of training vessels

-STATUTE-
      (a) Applications To Use Vessels. - The Governor of a State
    sponsoring a State maritime academy (or the Governor of the State
    designated to conduct the affairs of a regional maritime academy)
    may apply in writing to the Secretary of Transportation to obtain
    the use of a training vessel for the academy. A vessel provided
    under this section remains the property of the United States
    Government.
      (b) General Authority. - Subject to subsection (c), the Secretary
    may provide to a State maritime academy, for use as a training
    vessel, a suitable vessel under the control of the Secretary or
    made available to the Secretary under subsection (e). If a suitable
    vessel is not available, the Secretary may build and provide a
    suitable vessel.
      (c) Approval Requirements. - The Secretary may provide a vessel
    under this section only if - 
        (1) an application has been made under subsection (a);
        (2) the State maritime academy satisfies section 51506(a) of
      this title; and
        (3) a suitable port will be available for the safe mooring of
      the vessel while the academy is using the vessel.

      (d) Preparation and Maintenance. - A vessel provided under this
    section shall be - 
        (1) repaired, reconditioned, and equipped (with all apparel,
      charts, books, and instruments of navigation) as necessary for
      use as a training vessel; and
        (2) maintained in good repair by the Secretary.

      (e) Agency Vessels. - An agency may provide to the Secretary, for
    use by a State maritime academy, a vessel (including equipment)
    that - 
        (1) is suitable for training purposes; and
        (2) can be provided without detriment to the service to which
      the vessel is assigned.

      (f) Fuel Costs. - The Secretary may pay to a State maritime
    academy the costs of fuel used by a vessel provided under this
    section while used for training.
      (g) Removing Vessels From Service and Vessel Sharing. - The
    Secretary may not - 
        (1) take a vessel, currently in use as a training vessel under
      this section, out of service to implement an alternative program
      (including vessel sharing) unless the vessel is incapable of
      being maintained in good repair as required by subsection (d); or
        (2) implement a program requiring a State maritime academy to
      share its training vessel with another State maritime academy,
      except with the express consent of Congress.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1577; Pub. L.
    109-163, div. C, title XXXV, Sec. 3502(b), Jan. 6, 2006, 119 Stat.
    3548.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      Subsection (f) of this section was derived from section
    1295c(c)(2) of the former Appendix to this title, which was amended
    by Pub. L. 109-163, div. C, title XXXV, Sec. 3502(b), Jan. 6, 2006,
    119 Stat. 3548. For applicability of that amendment to this
    section, see section 18(a) of Pub. L. 109-304, set out as a
    Legislative Purpose and Construction note preceding section 101 of
    this title. Section 1295c(c)(2) of the former Appendix to this
    title was amended - 
      (1) by striking "The Secretary may pay to any State maritime
    academy" and inserting "(A) The Secretary shall, subject to the
    availability of appropriations, pay to each State maritime
    academy"; and
      (2) by adding at the end the following:
      "(B) The amount of the payment to a State maritime academy under
    this paragraph shall not exceed - 
        "(i) $100,000 for fiscal year 2006;
        "(ii) $200,000 for fiscal year 2007; and
        "(iii) $300,000 for fiscal year 2008 and each fiscal year
      thereafter."



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51504(a)       46 App.:1295c(c)(1)     June 29, 1936, ch. 858,      
                    (A)(ii), (v).           title XIII, Sec. 1304(c)(1),
                                            (2), as added Pub. L.       
                                            96-453, Sec. 2, Oct. 15,    
                                            1980, 94 Stat. 2003.        
    51504(b)       46 App.:1295c(c)(1)                                  
                    (A) (1st sentence                                   
                    words before                                        
                    "meeting the                                        
                    requirements").                                     
    51504(c)(1)    46 App.:1295c(c)(1)                                  
                    (A)(ii).                                            
    51504(c)(2)    46 App.:1295c(c)(1)                                  
                    (A) (1st sentence                                   
                    words beginning                                     
                    with "meeting the                                   
                    requirements").                                     
    51504(c)(3)    46 App.:1295c(c)(1)                                  
                    (A)(iii).                                           
    51504(d)(1)    46 App.:1295c(c)(1)                                  
                    (A)(i).                                             
    51504(d)(2)    46 App.:1295c(c)(1)                                  
                    (A)(iv).                                            
    51504(e)       46 App.:1295c(c)(1)                                  
                    (B).                                                
    51504(f)       46 App.:1295c(c)(2).                                 
    51504(g)       46 App.:1295c note.     Pub. L. 101-115, Sec. 4,     
                                            Oct. 13, 1989, 103 Stat.    
                                            692; Pub. L. 101-595, title 
                                            VII, Sec. 705, Nov. 16,     
                                            1990, 104 Stat. 2994.       
    --------------------------------------------------------------------

      In subsection (a), the reference to territories is omitted as
    unnecessary because of the definition of "State" in chapter 1 of
    the revised title.
      In subsection (e), before paragraph (1), the word "agency" is
    substituted for "department or agency of the United States" because
    of the definition of "agency" in chapter 1 of the revised title.
      In subsection (g), the 1st-3d sentences of section 4 of Public
    Law 101-115 are omitted as obsolete.

-End-



-CITE-
    46 USC Sec. 51505                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM

-HEAD-
    Sec. 51505. Annual payments for maintenance and support

-STATUTE-
      (a) Payment Agreements. - The Secretary of Transportation may
    make an agreement (effective for not more than 4 years) with the
    following academies to provide annual payments to those academies
    for their maintenance and support:
        (1) One State maritime academy in each State that satisfies
      section 51506(a) of this title.
        (2) Each regional maritime academy that satisfies section
      51506(a) of this title.

      (b) Payments. - 
        (1) In general. - Subject to paragraph (2), an annual payment
      to an academy under subsection (a) shall be at least equal to the
      amount given to the academy for its maintenance and support by
      the State in which it is located, or, for a regional maritime
      academy, by all States cooperating to sponsor the academy.
        (2) Maximum. - The amount under paragraph (1) may not be more
      than $25,000. However, if the academy satisfies section 51506(b)
      of this title, the amount shall be - 
          (A) $100,000 for a State maritime academy; and
          (B) $200,000 for a regional maritime academy.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1578; Pub. L.
    109-163, div. C, title XXXV, Sec. 3502(a), Jan. 6, 2006, 119 Stat.
    3547.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 1295c(d)(1) of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3502(a), Jan. 6, 2006, 119 Stat. 3547. For
    applicability of that amendment to this section, see section 18(a)
    of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section
    1295c(d)(1) of the former Appendix to this title was amended in
    subparagraph (C)(ii) (corresponding to subsection (b)(2)(B) of this
    section) 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".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51505          46 App.:1295c(d)(1).    June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1304(d)(1),
                                            as added Pub. L. 96-453,    
                                            Sec. 2, Oct. 15, 1980, 94   
                                            Stat. 2004; Pub. L. 101-115,
                                            Sec. 5, Oct. 13, 1989, 103  
                                            Stat. 693.                  
    --------------------------------------------------------------------

      In subsection (b)(1), the reference to territories is omitted as
    unnecessary because of the definition of "State" in chapter 1 of
    the revised title.

-End-



-CITE-
    46 USC Sec. 51506                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM

-HEAD-
    Sec. 51506. Conditions to receiving payments and use of vessels

-STATUTE-
      (a) General Conditions. - As conditions of receiving an annual
    payment or the use of a vessel under this chapter, a State maritime
    academy must - 
        (1) provide courses of instruction on navigation, marine
      engineering (including steam and diesel propulsion), the
      operation and maintenance of new vessels and equipment, and
      innovations being introduced to the merchant marine of the United
      States;
        (2) agree in writing to conform to the standards for courses,
      training facilities, admissions, and instruction that the
      Secretary of Transportation may establish after consultation with
      the superintendents of State maritime academies; and
        (3) agree in writing to require, as a condition for graduation,
      that each individual who is a citizen of the United States and
      who is attending the academy in a merchant marine officer
      preparation program pass the examination required for the
      issuance of a license under section 7101 of this title.

      (b) Additional Condition to Payments of More Than $25,000. - As a
    condition of receiving an annual payment of more than $25,000 under
    section 51505 of this title, a State maritime academy also must
    agree to admit each year a number of citizens of the United States
    who meet its admission requirements and reside in a State not
    supporting that academy. The Secretary shall determine the number
    of individuals to be admitted by each academy under this
    subsection. The number may not be more than one-third of the total
    number of individuals attending the academy at any time.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1579.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51506          46 App.:1295c(f).       June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1304(f), as
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            2004; Pub. L. 101-115, Sec. 
                                            3(a), Oct. 13, 1989, 103    
                                            Stat. 692.                  
    --------------------------------------------------------------------

      In subsection (a)(3), the words "administered by the Coast Guard"
    are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 51507                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM

-HEAD-
    Sec. 51507. Places of training

-STATUTE-
      The Secretary of Transportation may provide for the training of
    students attending a State maritime academy - 
        (1) on vessels owned or subsidized by the United States
      Government;
        (2) on other documented vessels, with the permission of the
      owner; and
        (3) in shipyards or plants and with industrial or educational
      organizations.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1579.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51507          46 App.:1295c(c)        June 29, 1936, ch. 858,      
                    (3)(A).                 title XIII, Sec.            
                                            1304(c)(3)(A), as added Pub.
                                            L. 96-453, Sec. 2, Oct. 15, 
                                            1980, 94 Stat. 2003.        
    --------------------------------------------------------------------

      In paragraph (2), the words "with the permission of the owner"
    are substituted for "if the owner . . . cooperates in such use" for
    clarity.

-End-



-CITE-
    46 USC Sec. 51508                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM

-HEAD-
    Sec. 51508. Allowances for students

-STATUTE-
      Under regulations prescribed by the Secretary of Transportation,
    a student at a State maritime academy shall receive from the
    Secretary allowances for transportation (including reimbursement of
    traveling expenses) when traveling under orders to receive training
    under section 51507 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1579.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51508          46 App.:1295c(c)        June 29, 1936, ch. 858,      
                    (3)(B).                 title XIII, Sec.            
                                            1304(c)(3)(B), as added Pub.
                                            L. 96-453, Sec. 2, Oct. 15, 
                                            1980, 94 Stat. 2004.        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51509                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM

-HEAD-
    Sec. 51509. Student incentive payment agreements

-STATUTE-
      (a) General Authority. - If a State maritime academy has an
    agreement with the Secretary of Transportation under section 51505
    of this title, the Secretary may make an agreement with a student
    at the academy who is a citizen of the United States to make
    student incentive payments to the individual. An agreement with a
    student may not be effective for more than 4 academic years. The
    Secretary shall allocate payments under this section among the
    various State maritime academies in an equitable manner.
      (b) Payments. - Payments under an agreement under this section
    shall be equal to $4,000 each academic year and be paid, as
    prescribed by the Secretary, while the individual is attending the
    academy. The payments shall be used for uniforms, books, and
    subsistence.
      (c) Midshipman and Enlisted Reserve Status. - An agreement under
    this section shall require the student to accept midshipman and
    enlisted reserve status in the Naval Reserve (including the
    Merchant Marine Reserve, Naval Reserve) before receiving any
    payments under the agreement.
      (d) Agreement Requirements. - An agreement under this section
    shall require the student to - 
        (1) complete the course of instruction at the academy the
      individual is attending;
        (2) take the examination for a license as an officer in the
      merchant marine of the United States before graduation from the
      academy and fulfill the requirements for such a license within 3
      months after graduation from the academy;
        (3) maintain a valid license as an officer in the merchant
      marine of the United States for at least 6 years after graduation
      from the academy, accompanied by the appropriate national and
      international endorsements and certification required by the
      Coast Guard for service aboard vessels on domestic and
      international voyages;
        (4) accept, if tendered, an appointment as a commissioned
      officer in the Naval Reserve (including the Merchant Marine
      Reserve, Naval Reserve), the Coast Guard Reserve, or any other
      reserve unit of an armed force of the United States, and, if
      tendered the appointment, to serve for at least 6 years after
      graduation from the academy;
        (5) serve the foreign and domestic commerce and the national
      defense of the United States for at least 3 years after
      graduation from the academy - 
          (A) as a merchant marine officer on a documented vessel or a
        vessel owned and operated by the United States Government or by
        a State;
          (B) as an employee in a United States maritime-related
        industry, profession, or marine science (as determined by the
        Secretary), if the Secretary determines that service under
        subparagraph (A) is not available to the individual;
          (C) as a commissioned officer on active duty in an armed
        force of the United States, as a commissioned officer in the
        National Oceanic and Atmospheric Administration, or in other
        maritime-related Federal employment which serves the national
        security interests of the United States, as determined by the
        Secretary; or
          (D) by a combination of the service alternatives referred to
        in subparagraphs (A)-(C); and

        (6) report to the Secretary on compliance with this subsection.

      (e) Failure To Complete Course of Instruction. - 
        (1) Active duty. - If the Secretary of Transportation
      determines that an individual who has accepted the payments
      described in subsection (b) for a minimum of 2 academic years has
      failed to fulfill the part of the agreement described in
      subsection (d)(1), the individual may be ordered by the Secretary
      of Defense to serve on active duty in the armed forces of the
      United States for a period of not more than 2 years. In cases of
      hardship as determined by the Secretary of Transportation, the
      Secretary of Transportation may waive this paragraph in whole or
      in part.
        (2) Recovery of cost. - If the Secretary of Defense is unable
      or unwilling to order an individual to serve on active duty under
      paragraph (1), or if the Secretary of Transportation determines
      that reimbursement of the cost of education provided would better
      serve the interests of the United States, the Secretary of
      Transportation may recover from the individual the amount of
      student incentive payments, plus interest and attorney fees. The
      Secretary may reduce the amount to be recovered to reflect
      partial performance of service obligations and other factors the
      Secretary determines merit a reduction.

      (f) Failure To Carry Out Other Requirements. - 
        (1) Active duty. - If the Secretary of Transportation
      determines that an individual has failed to fulfill any part of
      the agreement described in subsection (d)(2)-(6), the individual
      may be ordered to serve on active duty for a period of at least 2
      years but not more than the unexpired period (as determined by
      the Secretary) of the service required by subsection (d)(5). The
      Secretary of Transportation, in consultation with the Secretary
      of Defense, shall determine in which service the individual shall
      serve. In cases of hardship as determined by the Secretary of
      Transportation, the Secretary of Transportation may waive this
      paragraph in whole or in part.
        (2) Recovery of cost. - If the Secretary of Defense is unable
      or unwilling to order an individual to serve on active duty under
      paragraph (1), or if the Secretary of Transportation determines
      that reimbursement of the cost of education provided would better
      serve the interests of the United States, the Secretary of
      Transportation may recover from the individual the amount of
      student incentive payments, plus interest and attorney fees. The
      Secretary may reduce the amount to be recovered to reflect
      partial performance of service obligations and other factors the
      Secretary determines merit a reduction.

      (g) Actions To Recover Cost. - To aid in the recovery of the cost
    of education provided by the Government under a commitment
    agreement under this section, the Secretary of Transportation may -
    
        (1) request the Attorney General to bring a civil action
      against the individual; and
        (2) make use of the Federal debt collection procedures in
      chapter 176 of title 28 or other applicable administrative
      remedies.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1579; Pub. L.
    109-163, div. A, title V, Sec. 515(g)(2)(A), Jan. 6, 2006, 119
    Stat. 3236; Pub. L. 109-364, div. C, title XXXV, Sec. 3508, Oct.
    17, 2006, 120 Stat. 2517.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      This section was derived from provisions of section 1295c(g) of
    the former Appendix to this title, which was amended by Pub. L. 109-
    163, div. A, title V, Sec. 515(g)(2)(A), Jan. 6, 2006, 119 Stat.
    3236, and Pub. L. 109-364, div. C, title XXXV, Sec. 3508, Oct. 17,
    2006, 120 Stat. 2517. For applicability of those amendments to this
    section, see section 18(a) of Pub. L. 109-304, set out as a
    Legislative Purpose and Construction note preceding section 101 of
    this title. Section 1295c(g) of the former Appendix to this title
    was amended by striking "Naval Reserve" each place it appears and
    inserting "Navy Reserve" and by amending paragraph (2) to read as
    follows:
      "(2) Each agreement entered into under paragraph (1) shall
    require the individual to accept enlisted reserve status in the
    United States Naval Reserve (including the Merchant Marine Reserve,
    United States Naval Reserve) or the United States Coast Guard
    Reserve before receiving any student incentive payments under this
    subsection."



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51509(a)       46 App.:1295c(g)(1)     June 29, 1936, ch. 858,      
                    (words before 5th       title XIII, Sec.            
                    comma, cl. (A)),        1304(g)(1)-(5), (8), as     
                    (8).                    added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            2004, 2006; Pub. L. 97-31,  
                                            Sec. 12(145)(A), Aug. 6,    
                                            1981, 95 Stat. 166; Pub. L. 
                                            101-115, Sec. 2(a)-(d), Oct.
                                            13, 1989, 103 Stat. 691;    
                                            Pub. L. 102-587, title VI,  
                                            Sec. 6201(a)(1), (b), (c),  
                                            Nov. 4, 1992, 106 Stat.     
                                            5093; Pub. L. 108-136, title
                                            XXXV, Sec. 3515(d), Nov. 24,
                                            2003, 117 Stat. 1794.       
    51509(b)       46 App.:1295c(g)(1)                                  
                    (words between 5th                                  
                    comma and dash,                                     
                    cls. (B), (C)).                                     
    51509(c)       46 App.:1295c(g)(2)                                  
    51509(d)       46 App.:1295c(g)(3)                                  
    51509(e)       46 App.:1295c(g)(4)                                  
    51509(f)       46 App.:1295c(g)(5)                                  
    51509(g)       46 App.:1295c(g)(6)                                  
    --------------------------------------------------------------------

      In subsection (a), the text of 46 App. U.S.C. 1295c(g)(8) is
    omitted as obsolete.
      In subsection (g), the words "bring a civil action" are
    substituted for "begin court proceedings" for consistency in the
    revised title and with rule 2 of the Federal Rules of Civil
    Procedure (28 App. U.S.C.).

-End-



-CITE-
    46 USC Sec. 51510                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM

-HEAD-
    Sec. 51510. Deferment of service obligation under student incentive
      payment agreements

-STATUTE-
      The Secretary of Transportation may defer the service commitment
    of an individual under section 51509(d)(5) of this title (as
    specified in the agreement under section 51509) for not more than 2
    years if the individual is engaged in a graduate course of study
    approved by the Secretary. However, deferment of service as a
    commissioned officer on active duty must be approved by the
    Secretary of the affected military department (or the Secretary of
    Commerce, for service with the National Oceanic and Atmospheric
    Administration).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1581.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51510          46 App.:1295c(g)(7).    June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1304(g)(7),
                                            as added Pub. L. 96-453,    
                                            Sec. 2, Oct. 15, 1980, 94   
                                            Stat. 2006; Pub. L. 97-31,  
                                            Sec. 12(145)(B), Aug. 6,    
                                            1981, 95 Stat. 166; Pub. L. 
                                            108-136, title XXXV, Sec.   
                                            3515(d)(7), Nov. 24, 2003,  
                                            117 Stat. 1795.             
    --------------------------------------------------------------------

      The words "affected military department" are substituted for
    "military department . . . which has jurisdiction over such
    service" for clarity and to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 51511                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 515 - STATE MARITIME ACADEMY SUPPORT PROGRAM

-HEAD-
    Sec. 51511. Midshipman status in the Naval Reserve

-STATUTE-
      A citizen of the United States attending a State maritime academy
    may be appointed by the Secretary of the Navy as a midshipman in
    the Naval Reserve (including the Merchant Marine Reserve, Naval
    Reserve).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1582; Pub. L.
    109-163, div. A, title V, Sec. 515(g)(2), Jan. 6, 2006, 119 Stat.
    3236.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 1295c(h) of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    A, title V, Sec. 515(g)(2), Jan. 6, 2006, 119 Stat. 3236. For
    applicability of that amendment to this section, see section 18(a)
    of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section
    1295c(h) of the former Appendix to this title was amended by
    striking "Naval Reserve" each place it appears and inserting "Navy
    Reserve" and by striking "Naval Reserve" and inserting "Navy
    Reserve".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51511          46 App.:1295c(h).       June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1304(h), as
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            2006.                       
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 517 - OTHER SUPPORT FOR MERCHANT MARINE
           TRAINING                                        01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 517 - OTHER SUPPORT FOR MERCHANT MARINE TRAINING

-HEAD-
         CHAPTER 517 - OTHER SUPPORT FOR MERCHANT MARINE TRAINING     

-MISC1-
    Sec.                                                     
    51701.      United States Maritime Service.                       
    51702.      Civilian nautical schools.                            
    51703.      Additional training.                                  
    51704.      Training for maritime oil pollution prevention,
                 response, and clean-up.                              

-End-



-CITE-
    46 USC Sec. 51701                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 517 - OTHER SUPPORT FOR MERCHANT MARINE TRAINING

-HEAD-
    Sec. 51701. United States Maritime Service

-STATUTE-
      (a) General Authority. - The Secretary of Transportation may
    establish and maintain a voluntary organization, to be known as the
    United States Maritime Service, for the training of citizens of the
    United States to serve on merchant vessels of the United States.
      (b) Specific Authority. - The Secretary may - 
        (1) determine the number of individuals to be enrolled for
      training and reserve purposes in the Service;
        (2) fix the rates of pay and allowances of the individuals
      without regard to chapter 51 or subchapter III of chapter 53 of
      title 5;
        (3) prescribe the course of study and the periods of training
      for the Service; and
        (4) prescribe the uniform of the Service and the rules on
      providing and wearing the uniform.

      (c) Ranks, Grades, and Ratings. - The ranks, grades, and ratings
    for personnel of the Service shall be the same as those prescribed
    for personnel of the Coast Guard.
      (d) Medals and Awards. - The Secretary may establish and maintain
    a medals and awards program to recognize distinguished service,
    superior achievement, professional performance, and other
    commendable achievement by personnel of the Service.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1582; Pub. L.
    109-163, div. C, title XXXV, Sec. 3509, Jan. 6, 2006, 119 Stat.
    3557; Pub. L. 109-364, div. C, title XXXV, Sec. 3510(d)(1), Oct.
    17, 2006, 120 Stat. 2520.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      Subsection (a) of this section was derived from section 1295e(a)
    of the former Appendix to this title, which was amended by Pub. L.
    109-163, div. C, title XXXV, Sec. 3509, Jan. 6, 2006, 119 Stat.
    3557, as amended by Pub. L. 109-364, div. C, title XXXV, Sec.
    3510(d)(1), Oct. 17, 2006, 120 Stat. 2520. For applicability of
    that amendment to this section, see section 18(a) of Pub. L. 109-
    304, set out as a Legislative Purpose and Construction note
    preceding section 101 of this title. Section 1295e(a) of the former
    Appendix to this title was amended by inserting "and to perform
    functions to assist the United States merchant marine, as
    determined necessary by the Secretary," after "United States" the
    second place it appears.



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51701          46 App.:1295e.          June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1306, as   
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            2006; Pub. L. 108-136, title
                                            XXXV, Sec. 3515(e), Nov. 24,
                                            2003, 117 Stat. 1795.       
    --------------------------------------------------------------------



-MISC1-
                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-364, div. C, title XXXV, Sec. 3510(d)(2), Oct. 17,
    2006, 120 Stat. 2521, provided that: "This subsection [amending
    section 3509 of Pub. L. 109-163 which had amended section 1295e(a)
    of the former Appendix to this title, from which subsec. (a) of
    this section is derived] shall be effective immediately after
    section 3509 of the National Defense Authorization Act for Fiscal
    Year 2006 (119 Stat. 3557) [Pub. L. 109-163] takes effect [Jan. 6,
    2006]."

-End-



-CITE-
    46 USC Sec. 51702                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 517 - OTHER SUPPORT FOR MERCHANT MARINE TRAINING

-HEAD-
    Sec. 51702. Civilian nautical schools

-STATUTE-
      (a) Definition. - In this section, the term "civilian nautical
    school" means a school operated in the United States (except the
    United States Merchant Marine Academy, a State maritime academy, or
    another school operated by the United States Government) that
    offers instruction to individuals quartered on a vessel primarily
    to train them for service in the merchant marine.
      (b) Inspection. - Each civilian nautical school is subject to
    inspection by the Secretary of Transportation.
      (c) Rating and Certification. - The Secretary may, under
    regulations the Secretary may prescribe, provide for the rating and
    certification of civilian nautical schools as to the adequacy of
    their course of instruction, the competence of their instructors,
    and the suitability of the equipment used in their course of
    instruction.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1582.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51702          46 App.:1295f.          June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1307, as   
                                            added Pub. L. 96-453, Sec.  
                                            2, Oct. 15, 1980, 94 Stat.  
                                            2007; Pub. L. 98-89, Sec.   
                                            4(b), Aug. 26, 1983, 97     
                                            Stat. 603.                  
    --------------------------------------------------------------------

      The text of 46 App. U.S.C. 1295f(d) is omitted because it
    apparently was intended to apply to former 46 App. U.S.C. 1295f(c),
    which was repealed in 1983.

-End-



-CITE-
    46 USC Sec. 51703                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 517 - OTHER SUPPORT FOR MERCHANT MARINE TRAINING

-HEAD-
    Sec. 51703. Additional training

-STATUTE-
      (a) General Authority. - The Secretary of Transportation may
    provide additional training on maritime subjects to supplement
    other training opportunities and make the training available to the
    personnel of the merchant marine of the United States and
    individuals preparing for a career in the merchant marine of the
    United States.
      (b) Equipment, Supplies, and Contracts. - The Secretary may - 
        (1) prepare or buy equipment or supplies required for the
      additional training; and
        (2) without regard to section 3709 of the Revised Statutes (41
      U.S.C. 5), make contracts for services the Secretary considers
      necessary to prepare the equipment and supplies and to supervise
      and administer the additional training.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1583.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51703          46 App.:1295d(a),       June 29, 1936, ch. 858,      
                    (b).                    title XIII, Sec. 1305(a),   
                                            (b), as added Pub. L.       
                                            96-453, Sec. 2, Oct. 15,    
                                            1980, 94 Stat. 2006.        
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the words "as the
    Secretary deems necessary" are omitted as unnecessary.
      In subsection (b), the words "with any person, partnership, firm,
    association, or corporation" and "the performance of" are omitted
    as unnecessary.

-End-



-CITE-
    46 USC Sec. 51704                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 517 - OTHER SUPPORT FOR MERCHANT MARINE TRAINING

-HEAD-
    Sec. 51704. Training for maritime oil pollution prevention,
      response, and clean-up

-STATUTE-
      (a) Assistance in Establishing Program. - The Secretary of
    Transportation shall assist maritime training institutions approved
    by the Secretary in establishing a training program for maritime
    oil pollution prevention, response, and clean-up.
      (b) Providing Training Vessels. - Subject to subsection (c), the
    Secretary may provide, with title free of all liens, to maritime
    training institutions that have a program established under
    subsection (a), offshore supply vessels and tug/supply vessels that
    were built in the United States and are in the possession of the
    Maritime Administration because of a default on a loan guaranteed
    under chapter 537 of this title.
      (c) Requirements. - In addition to any other requirements the
    Secretary considers appropriate, the following requirements apply
    to vessels provided under this section:
        (1) The vessel shall be offered to the institution at a
      location selected by the Secretary.
        (2) The institution shall use the vessel to train students and
      appropriate maritime industry personnel in oil spill prevention,
      response, clean-up, and related skills.
        (3) The institution shall make the vessel and qualified
      students available to appropriate Federal, State, and local oil
      spill response authorities when there is a maritime oil spill.
        (4) The institution may not sell, trade, charter, donate,
      scrap, or in any way alter or dispose of the vessel without prior
      approval of the Secretary.
        (5) The institution may not use the vessel in competition with
      a privately-owned vessel documented under chapter 121 of this
      title or titled under the law of a State, unless necessary to
      carry out this section.
        (6) When the institution can no longer use the vessel for its
      training program, the institution shall return the vessel to the
      Secretary. The Secretary shall take possession at the institution
      and thereafter may provide the vessel to another institution
      under this section or dispose of the vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1583.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51704(a)       46 App.:1295d(c)(1).    June 29, 1936, ch. 858,      
                                            title XIII, Sec. 1305(c), as
                                            added Pub. L. 101-595, title
                                            VII, Sec. 712, Nov. 16,     
                                            1990, 104 Stat. 2998.       
    51704(b)       46 App.:1295d(c)                                     
                    (2)(A), (4).                                        
    51704(c)       46 App.:1295d(c)                                     
                    (2)(B), (3).                                        
    --------------------------------------------------------------------

      In subsection (c)(5), the words "or titled under the law of a
    State" are substituted for "documented under the laws of . . . any
    State" for consistency with the terminology in 46 U.S.C. 2101(46)
    (which is being moved to chapter 1 of the revised title) and 46
    U.S.C. ch. 125.

-End-


-CITE-
    46 USC CHAPTER 519 - MERCHANT MARINE AWARDS                 01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 519 - MERCHANT MARINE AWARDS

-HEAD-
                   CHAPTER 519 - MERCHANT MARINE AWARDS               

-MISC1-
    Sec.                                                     
    51901.      Awards for individual acts or service.                
    51902.      Gallant Ship Award.                                   
    51903.      Multiple awards.                                      
    51904.      Presentation to representatives.                      
    51905.      Flags and grave markers.                              
    51906.      Special certificates for civilian service to armed
                 forces.                                              
    51907.      Manufacture and sale of awards and replacements.      
    51908.      Prohibition against unauthorized manufacture, sale,
                 possession, or display of awards.                    

-End-



-CITE-
    46 USC Sec. 51901                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 519 - MERCHANT MARINE AWARDS

-HEAD-
    Sec. 51901. Awards for individual acts or service

-STATUTE-
      (a) General Authority. - The Secretary of Transportation may
    award decorations and medals of appropriate design (including
    ribbons, ribbon bars, emblems, rosettes, miniature facsimiles,
    plaques, citations, or other suitable devices or insignia) for
    individual acts or service in the merchant marine of the United
    States. The design may be similar to the design of a decoration or
    medal authorized for members of the armed forces for similar acts
    or service.
      (b) Specific Authority. - The Secretary may award - 
        (1) a Merchant Marine Distinguished Service Medal to an
      individual for outstanding acts, conduct, or valor beyond the
      line of duty;
        (2) a Merchant Marine Meritorious Service Medal to an
      individual for meritorious acts, conduct, or valor in the line of
      duty, but not of the outstanding character that would warrant the
      award of the Merchant Marine Distinguished Service Medal;
        (3) a decoration or medal to an individual for service during a
      war, national emergency proclaimed by the President or Congress,
      or operations by the armed forces outside the continental United
      States under conditions of danger to life and property; and
        (4) a decoration or medal to an individual for other acts or
      service of conspicuous gallantry, intrepidity, and extraordinary
      heroism under conditions of danger to life and property that
      would warrant a similar decoration or medal for a member of the
      armed forces.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1584.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51901(a)       46 App.:2001.           Pub. L. 100-324, Secs. 2, 3, 
                                            5(d), May 30, 1988, 102     
                                            Stat. 576, 577.             
                   46 App.:2004(d).                                     
    51901(b)       46 App.:2002.                                        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51902                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 519 - MERCHANT MARINE AWARDS

-HEAD-
    Sec. 51902. Gallant Ship Award

-STATUTE-
      (a) Awards to Vessels. - The Secretary of Transportation may
    award a Gallant Ship Award and a citation to a vessel (including a
    foreign vessel) participating in outstanding or gallant action in a
    marine disaster or other emergency to save life or property at sea.
    The Secretary may award a plaque to the vessel, and a replica of
    the plaque may be preserved as a permanent historical record.
      (b) Awards to Crews. - The Secretary of Transportation may award
    an appropriate citation ribbon bar to the master and each
    individual serving, at the time of the action, on a vessel issued
    an award under subsection (a).
      (c) Consultation. - The Secretary of Transportation shall consult
    with the Secretary of State before awarding an award or citation to
    a foreign vessel or its crew under this section.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1584.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51902          46 App.:2003.           Pub. L. 100-324, Sec. 4, May 
                                            30, 1988, 102 Stat. 576.    
    --------------------------------------------------------------------

      In subsection (a), the words "a vessel (including a foreign
    vessel)" are substituted for "a United States vessel or to a
    foreign-flag vessel" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 51903                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 519 - MERCHANT MARINE AWARDS

-HEAD-
    Sec. 51903. Multiple awards

-STATUTE-
      An individual may not be awarded more than one of any type of
    decoration or medal under this chapter. For each succeeding act or
    service justifying the same decoration or medal, a suitable device
    may be awarded to be worn with the decoration or medal.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1585.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51903          46 App.:2004(a).        Pub. L. 100-324, Sec. 5(a),  
                                            May 30, 1988, 102 Stat. 576.
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51904                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 519 - MERCHANT MARINE AWARDS

-HEAD-
    Sec. 51904. Presentation to representatives

-STATUTE-
      If an individual to be issued an award under this chapter is
    unable to accept the award personally, the Secretary of
    Transportation may present the award to an appropriate
    representative.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1585.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51904          46 App.:2004(b).        Pub. L. 100-324, Sec. 5(b),  
                                            May 30, 1988, 102 Stat. 577.
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51905                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 519 - MERCHANT MARINE AWARDS

-HEAD-
    Sec. 51905. Flags and grave markers

-STATUTE-
      Except as authorized under another law, the Secretary of
    Transportation may issue, at no cost, a flag of the United States
    and a grave marker to the family or personal representative of a
    deceased individual who served in the merchant marine of the United
    States in support of the armed forces of the United States or its
    allies during a war or national emergency.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1585.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51905          46 App.:2005.           Pub. L. 100-324, Sec. 6, May 
                                            30, 1988, 102 Stat. 577.    
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51906                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 519 - MERCHANT MARINE AWARDS

-HEAD-
    Sec. 51906. Special certificates for civilian service to armed
      forces

-STATUTE-
      (a) General Authority. - The Maritime Administrator may issue a
    special certificate to an individual, or the personal
    representative of an individual, in recognition of service of that
    individual in the merchant marine of the United States, if the
    service has been determined to be active duty under section 401 of
    the GI Bill Improvement Act of 1977 (Public Law 95-202; 38 U.S.C.
    106 note).
      (b) Relationship to Other Laws. - Issuance of a certificate under
    subsection (a) does not entitle an individual to any rights,
    privileges, or benefits under a law of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1585.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51906          46 App.:2006.           Pub. L. 100-324, Sec. 7, May 
                                            30, 1988, 102 Stat. 577.    
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 51907                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 519 - MERCHANT MARINE AWARDS

-HEAD-
    Sec. 51907. Manufacture and sale of awards and replacements

-STATUTE-
      The Secretary of Transportation may - 
        (1) authorize private persons to manufacture decorations and
      medals authorized under this chapter or a prior law; and
        (2) provide at cost, or authorize private persons to sell at
      reasonable prices, replacements for those decorations and medals.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1585; Pub. L.
    109-163, div. C, title XXXV, Sec. 3510, Jan. 6, 2006, 119 Stat.
    3557.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 2004(c) of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3510, Jan. 6, 2006, 119 Stat. 3557. For
    applicability of that amendment to this section, see section 18(a)
    of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section
    2004(c) of the former Appendix to this title was amended by
    striking "provide at cost, or authorize for the manufacture and
    sale at reasonable prices by private persons - " and inserting
    "provide - ".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51907          46 App.:2004(c).        Pub. L. 100-324, Sec. 5(c),  
                                            May 30, 1988, 102 Stat. 577.
    --------------------------------------------------------------------

      The Secretary's authority to provide decorations and medals at
    cost, or to authorize the sale of decorations and medals at
    reasonable prices, is restated to apply only to replacement awards
    because Congress probably did not intend that recipients being
    honored would pay for their decorations and medals.

-End-



-CITE-
    46 USC Sec. 51908                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 519 - MERCHANT MARINE AWARDS

-HEAD-
    Sec. 51908. Prohibition against unauthorized manufacture, sale,
      possession, or display of awards

-STATUTE-
      (a) Prohibition. - Except as authorized under this chapter, a
    person may not manufacture, sell, possess, or display a decoration
    or medal provided for in this chapter.
      (b) Civil Penalty. - A person violating this section is liable to
    the United States Government for a civil penalty of not more than
    $2,000.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1585; Pub. L.
    109-364, div. C, title XXXV, Sec. 3510(b), Oct. 17, 2006, 120 Stat.
    2520.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 2007 of the former Appendix
    to this title, which was amended by Pub. L. 109-364, div. C, title
    XXXV, Sec. 3510(b), Oct. 17, 2006, 120 Stat. 2520. For
    applicability of that amendment to this section, see section 18(a)
    of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section 2007
    of the former Appendix to this title was amended by inserting "or
    the Secretary of Transportation," after "chapter,".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    51908          46 App.:2007.           Pub. L. 100-324, Sec. 8, May 
                                            30, 1988, 102 Stat. 577.    
    --------------------------------------------------------------------

      In subsection (b), the words "not more than" are added for
    clarity and for consistency in the revised title.

-End-


-CITE-
    46 USC CHAPTER 521 - MISCELLANEOUS                          01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 521 - MISCELLANEOUS

-HEAD-
                        CHAPTER 521 - MISCELLANEOUS                    

-MISC1-
    Sec.                                                     
    52101.      Reemployment rights for certain merchant seamen.      

-End-



-CITE-
    46 USC Sec. 52101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part B - Merchant Marine Service
    CHAPTER 521 - MISCELLANEOUS

-HEAD-
    Sec. 52101. Reemployment rights for certain merchant seamen

-STATUTE-
      (a) In General. - An individual who is certified by the Secretary
    of Transportation under subsection (c) shall be entitled to
    reemployment rights and other benefits substantially equivalent to
    the rights and benefits provided for by chapter 43 of title 38 for
    any member of a reserve component of the armed forces of the United
    States who is ordered to active duty.
      (b) Time for Application. - An individual may submit an
    application for certification under subsection (c) to the Secretary
    not later than 45 days after the date the individual completes a
    period of employment described in subsection (c)(1)(A) with respect
    to which the application is submitted.
      (c) Certification Determination. - Not later than 20 days after
    the date the Secretary receives from an individual an application
    for certification under this subsection, the Secretary shall - 
        (1) determine whether the individual - 
          (A) was employed in the activation or operation of a vessel -
        
            (i) in the National Defense Reserve Fleet maintained under
          section 11 of the Merchant Ship Sales Act of 1946 (50 App.
          U.S.C. 1744) in a period in which the vessel was in use or
          being activated for use under subsection (b) of that section;
            (ii) requisitioned or purchased under chapter 563 of this
          title; or
            (iii) owned, chartered, or controlled by the United States
          Government and used by the Government for a war, armed
          conflict, national emergency, or maritime mobilization need
          (including for training purposes or testing for readiness and
          suitability for mission performance); and

          (B) during the period of that employment, possessed a valid
        license, certificate of registry, or merchant mariner's
        document issued under chapter 71 or 73 of this title; and

        (2) if the Secretary makes affirmative determinations under
      subparagraphs (A) and (B) of paragraph (1), certify that
      individual under this subsection.

      (d) Equivalence to Military Selective Service Act Certificate. -
    For purposes of reemployment rights and benefits provided by this
    section, a certification under subsection (c) shall be considered
    to be the equivalent of a certificate described in section 9(a) of
    the Military Selective Service Act (50 App. U.S.C. 459(a)).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1585.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    52101          46 App.:1132.           June 29, 1936, ch. 858,      
                                            title III, Sec. 302, as     
                                            added Pub. L. 104-239, Sec. 
                                            10(a), Oct. 8, 1996, 110    
                                            Stat. 3133.                 
    --------------------------------------------------------------------

      In subsection (c)(1)(B), the words "(as applicable)" are omitted
    as unnecessary.
      In subsection (d), the words "certificate described in section
    9(a) of the Military Selective Service Act (50 App. U.S.C. 459(a))"
    are substituted for "certificate referred to in paragraph (1) of
    section 4301(a) of title 38" because section 4301 of title 38 was
    amended generally by section 2(a) of Public Law 103-353, and before
    the amendment section 4301(a)(1) referred to a certificate
    described in section 9(a) of the Military Selective Service Act (50
    App. U.S.C. 459(a)).

-End-


-CITE-
    46 USC Part C - Financial Assistance Programs               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs

-HEAD-
                  PART C - FINANCIAL ASSISTANCE PROGRAMS              


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1586,
    inserted "Part C - Financial Assistance Programs".

-End-


-CITE-
    46 USC CHAPTER 531 - MARITIME SECURITY FLEET                01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 531 - MARITIME SECURITY FLEET

-HEAD-
                   CHAPTER 531 - MARITIME SECURITY FLEET               

-MISC1-
    Sec.                                                     
    53101.      Definitions.                                          
    53102.      Establishment of Maritime Security Fleet.             
    53103.      Award of operating agreements.                        
    53104.      Effectiveness of operating agreements.                
    53105.      Obligations and rights under operating agreements.    
    53106.      Payments.                                             
    53107.      National security requirements.                       
    53108.      Regulatory relief.                                    
    53109.      Special rule regarding age of participating fleet
                 vessel.                                              
    53110.      Regulations.                                          
    53111.      Authorization of appropriations.                      

-End-



-CITE-
    46 USC Sec. 53101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 531 - MARITIME SECURITY FLEET

-HEAD-
    Sec. 53101. Definitions

-STATUTE-
      In this chapter:
        (1) Bulk cargo. - The term "bulk cargo" means cargo that is
      loaded and carried in bulk without mark or count.
        (2) Contractor. - The term "contractor" means an owner or
      operator of a vessel that enters into an operating agreement for
      the vessel with the Secretary under section 53103.
        (3) Fleet. - The term "Fleet" means the Maritime Security Fleet
      established under section 53102(a).
        (4) Foreign commerce. - The term "foreign commerce" - 
          (A) subject to subparagraph (B), means - 
            (i) commerce or trade between the United States, its
          territories or possessions, or the District of Columbia, and
          a foreign country; and
            (ii) commerce or trade between foreign countries; and

          (B) includes, in the case of liquid and dry bulk cargo
        carrying services, trading between foreign ports in accordance
        with normal commercial bulk shipping practices in such manner
        as will permit United States-documented vessels freely to
        compete with foreign-flag bulk carrying vessels in their
        operation or in competing for charters, subject to rules and
        regulations promulgated by the Secretary of Transportation
        pursuant to this chapter or subtitle D of the Maritime Security
        Act of 2003.

        (5) LASH vessel. - The term "LASH vessel" means a lighter
      aboard ship vessel.
        (6) Participating fleet vessel. - The term "participating fleet
      vessel" means any vessel that - 
          (A) on October 1, 2005 - 
            (i) meets the requirements of paragraph (1), (2), (3), or
          (4) of section 53102(c); and
            (ii) is less than 25 years of age, or less than 30 years of
          age in the case of a LASH vessel; and

          (B) on December 31, 2004, is covered by an operating
        agreement under subtitle B of title VI of the Merchant Marine
        Act, 1936 (46 U.S.C. App. 1187 et seq.).(!1)


        (7) Person. - The term "person" includes corporations,
      partnerships, and associations existing under or authorized by
      the laws of the United States, or any State, Territory, District,
      or possession thereof, or of any foreign country.
        (8) Product tank vessel. - The term "product tank vessel" means
      a double hulled tank vessel capable of carrying simultaneously
      more than 2 separated grades of refined petroleum products.
        (9) Secretary. - The term "Secretary" means the Secretary of
      Transportation.
        (10) Tank vessel. - The term "tank vessel" has the meaning that
      term has under section 2101 of this title.
        (11) United states. - The term "United States" includes the
      District of Columbia, the Commonwealth of Puerto Rico, the
      Northern Mariana Islands, Guam, American Samoa, the Virgin
      Islands.
        (12) United states citizen trust. - (A) Subject to subparagraph
      (C), the term "United States citizen trust" means a trust that is
      qualified under this paragraph.
        (B) A trust is qualified under this paragraph with respect to a
      vessel only if - 
          (i) each of the trustees is a citizen of the United States;
        and
          (ii) the application for documentation of the vessel under
        chapter 121 of this title includes the affidavit of each
        trustee stating that the trustee is not aware of any reason
        involving a beneficiary of the trust that is not a citizen of
        the United States, or involving any other person that is not a
        citizen of the United States, as a result of which the
        beneficiary or other person would hold more than 25 percent of
        the aggregate power to influence or limit the exercise of the
        authority of the trustee with respect to matters involving any
        ownership or operation of the vessel that may adversely affect
        the interests of the United States.

        (C) If any person that is not a citizen of the United States
      has authority to direct or participate in directing a trustee for
      a trust in matters involving any ownership or operation of the
      vessel that may adversely affect the interests of the United
      States or in removing a trustee for a trust without cause, either
      directly or indirectly through the control of another person, the
      trust is not qualified under this paragraph unless the trust
      instrument provides that persons who are not citizens of the
      United States may not hold more than 25 percent of the aggregate
      authority to so direct or remove a trustee.
        (D) This paragraph shall not be considered to prohibit a person
      who is not a citizen of the United States from holding more than
      25 percent of the beneficial interest in a trust.
        (13) United states-documented vessel. - The term "United States-
      documented vessel" means a vessel documented under chapter 121
      of this title.

-SOURCE-
    (Added Pub. L. 108-136, div. C, title XXXV, Sec. 3531(a), Nov. 24,
    2003, 117 Stat. 1803.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Maritime Security Act of 2003, referred to in par. (4)(B), is
    title XXXV of div. C of Pub. L. 108-136, Nov. 24, 2003, 117 Stat.
    1788. Subtitle D of the Act amended section 1273 of the former
    Appendix to this title and enacted provisions set out as a note
    under this section. For complete classification of this Act to the
    Code, see Short Title of 2003 Amendment note set out under section
    101 of this title and Tables.
      The Merchant Marine Act, 1936, referred to in par. (6)(B), is act
    June 29, 1936, ch. 858, 49 Stat. 1985. Subtitle B of title VI of
    the Act was classified generally to part B (Sec. 1187 et seq.) of
    subchapter VI of chapter 27 of the former Appendix to this title
    prior to repeal by Pub. L. 108-136, div. C, title XXXV, Sec.
    3534(a)(1), Nov. 24, 2003, 117 Stat. 1818. For complete
    classification of this Act to the Code, see Short Title of 1936
    Amendment note set out under section 101 of this title and Tables.


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                              EFFECTIVE DATE                          
      Pub. L. 108-136, div. C, title XXXV, Sec. 3537, Nov. 24, 2003,
    117 Stat. 1819, provided that:
      "(a) In General. - Except as provided in subsections (b) and (c),
    this subtitle [subtitle C (Secs. 3531-3537) of title XXXV of div. C
    of Pub. L. 108-136, enacting this chapter, amending section 12102
    of this title and sections 808 and 1162 of the former Appendix to
    this title, repealing sections 1187 to 1187e and 1222 of the former
    Appendix to this title, enacting provisions set out as a note under
    section 53110 of this title, and amending provisions set out as a
    note under section 53102 of this title] shall take effect October
    1, 2004."
      "(b) Repeals and Conforming Amendments. - Section 3534 [amending
    section 12102 of this title, repealing sections 1187 to 1187e and
    1222 of the former Appendix to this title, and amending provisions
    set out as a note under section 1187 of the former Appendix to this
    title] shall take effect October 1, 2005."
      "(c) Other Provisions. - Sections 3533 [enacting provisions set
    out as a note under section 53110 of this title], 3535 [not
    classified to the Code], and this section shall take effect on the
    date of the enactment of this Act [Nov. 24, 2003]."

          ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME COMMUNITIES      
      Pub. L. 109-163, div. C, title XXXV, Sec. 3506, Jan. 6, 2006, 119
    Stat. 3553, provided that:
      "(a) Establishment of Program. - Subject to the availability of
    appropriations, the Administrator of the Maritime Administration
    shall establish a program to provide assistance to State and local
    governments - 
        "(1) to provide assistance in the form of grants, loans, and
      loan guarantees to small shipyards for capital improvements; and
        "(2) for maritime training programs in communities whose
      economies are substantially related to the maritime industry.
      "(b) Awards. - In providing assistance under the program, the
    Administrator shall - 
        "(1) take into account - 
          "(A) the economic circumstances and conditions of maritime
        communities; and
          "(B) the local, State, and regional economy in which the
        communities are located; and
        "(2) strongly encourage State, local, and regional efforts to
      promote economic development and training that will enhance the
      economic viability of and quality of life in maritime
      communities.
      "(c) Use of Funds. - Assistance provided under this section may
    be used - 
        "(1) to make capital and related improvements in small
      shipyards located in or near maritime communities;
        "(2) to encourage, assist in, or provide training for residents
      of maritime communities that will enhance the economic viability
      of those communities; and
        "(3) for such other purposes as the Administrator determines to
      be consistent with and supplemental to such activities.
      "(d) Prohibited Uses. - Grants awarded under this section may not
    be used to construct buildings or other physical facilities or to
    acquire land unless such use is specifically approved by the
    Administrator in support of subsection (c)(3).
      "(e) Matching Requirements. - 
        "(1) Federal funding. - Except as provided in paragraph (2),
      Federal funds for any eligible project under this section shall
      not exceed 75 percent of the total cost of such project.
        "(2) Exceptions. - 
          "(A) Small projects. - Paragraph (1) shall not apply to
        grants under this section for stand alone projects costing not
        more than $25,000. The amount under this subparagraph shall be
        indexed to the consumer price index and modified each fiscal
        year after the annual publication of the consumer price index.
          "(B) Reduction in matching requirement. - If the
        Administrator determines that a proposed project merits support
        and cannot be undertaken without a higher percentage of Federal
        financial assistance, the Administrator may award a grant for
        such project with a lesser matching requirement than is
        described in paragraph (1).
      "(f) Application. - 
        "(1) In general. - The Administrator shall determine who, as an
      eligible applicant, may submit an application, at such time, in
      such form, and containing such information and assurances as the
      Administrator may require.
        "(2) Minimum standards for payment or reimbursement. - Each
      application submitted under paragraph (1) shall include - 
          "(A) a comprehensive description of - 
            "(i) the need for the project;
            "(ii) the methodology for implementing the project; and
            "(iii) any existing programs or arrangements that can be
          used to supplement or leverage assistance under the program.
        "(3) Procedural safeguards. - The Administrator, in
      consultation with the Office of the Inspector General, shall
      issue guidelines to establish appropriate accounting, reporting,
      and review procedures to ensure that - 
          "(A) grant funds are used for the purposes for which they
        were made available;
          "(B) grantees have properly accounted for all expenditures of
        grant funds; and
          "(C) grant funds not used for such purposes and amounts not
        obligated or expended are returned.
        "(4) Project approval required. - The Administrator may not
      award a grant under this section unless the Administrator
      determines that - 
          "(A) sufficient funding is available to meet the matching
        requirements of subsection (e);
          "(B) the project will be completed without unreasonable
        delay; and
          "(C) the recipient has authority to carry out the proposed
        project.
      "(g) Audits and Examinations. - All grantees under this section
    shall maintain such records as the Administrator may require and
    make such records available for review and audit by the
    Administrator.
      "(h) Small Shipyard Defined. - In this section, the term 'small
    shipyard' means a shipyard that - 
        "(1) is a small business concern (within the meaning of section
      3 of the Small Business Act (15 U.S.C. 632)[)]; and
        "(2) does not have more than 600 employees.
      "(i) Authorization of Appropriations. - There are authorized to
    be appropriated to the Administrator of the Maritime Administration
    for each of fiscal years 2006 through 2010 to carry out this
    section - 
        "(1) $5,000,000 for training grants; and
        "(2) $25,000,000 for capital and related improvement grants."

            MAINTENANCE AND REPAIR REIMBURSEMENT PILOT PROGRAM        
      Pub. L. 108-136, div. C, title XXXV, Sec. 3517, Nov. 24, 2003,
    117 Stat. 1796, as amended by Pub. L. 109-163, div. C, title XXXV,
    Sec. 3503, Jan. 6, 2006, 119 Stat. 3548, provided that:
      "(a) Authority to Enter Agreements. - 
        "(1) In general. - The Secretary of Transportation shall carry
      out a pilot program under which the Secretary shall enter into an
      agreement with 1 or more contractors under chapter 531 of title
      46, United States Code, regarding maintenance and repair of 1 or
      more vessels that are subject to an operating agreement under
      that chapter.
        "(2) Requirement of agreement. - The Secretary shall, subject
      to the availability of appropriations, require 1 or more persons
      to enter into an agreement under this section as a condition of
      awarding an operating agreement to the person under chapter 531
      of title 46, United States Code, for 1 or more vessels that
      normally make port calls in the United States.
      "(b) Terms of Agreement. - An agreement under this section - 
        "(1) shall require that except as provided in subsection (c),
      all qualified maintenance or repair on the vessel shall be
      performed in the United States;
        "(2) shall require that the Secretary shall reimburse the
      contractor in accordance with subsection (d) for the costs of
      qualified maintenance or repair performed in the United States;
      and
        "(3) shall apply to qualified maintenance or repair performed
      during the 5-year period beginning on the date the vessel begins
      operating under the operating agreement under chapter 531 of
      title 46, United States Code.
      "(c) Exception to Requirement to Perform Work in the United
    States. - A contractor shall not be required to have qualified
    maintenance or repair work performed in the United States under
    this section if - 
        "(1) the Secretary determines that there is no facility capable
      of meeting all technical requirements of the qualified
      maintenance or repair in the United States located in the
      geographic area in which the vessel normally operates available
      to perform the work in the time required by the contractor to
      maintain its regularly scheduled service;
        "(2) the Secretary determines that there are insufficient funds
      to pay reimbursement under subsection (d) with respect to the
      work; or
        "(3) the Secretary fails to make the certification described in
      subsection (e)(2).
      "(d) Reimbursement. - 
        "(1) In general. - The Secretary shall, subject to the
      availability of appropriations, reimburse a contractor for costs
      incurred by the contractor for qualified maintenance or repair
      performed in the United States under this section.
        "(2) Amount. - The amount of reimbursement shall be equal to
      the difference between - 
          "(A) the fair and reasonable cost of obtaining the qualified
        maintenance or repair in the United States; and
          "(B) the fair and reasonable cost of obtaining the qualified
        maintenance or repair outside the United States, in the country
        in which the contractor would otherwise undertake the qualified
        maintenance or repair.
        "(3) Determination of fair and reasonable costs. - The
      Secretary shall determine fair and reasonable costs for purposes
      of paragraph (2).
      "(e) Notification Requirements. - 
        "(1) Notification by contractor. - The Secretary is not
      required to pay reimbursement to a contractor under this section
      for qualified maintenance or repair, unless the contractor - 
          "(A) notifies the Secretary of the intent of the contractor
        to obtain the qualified maintenance or repair, by not later
        than 90 days before the date of the performance of the
        qualified maintenance or repair; and
          "(B) includes in such notification - 
            "(i) a description of all qualified maintenance or repair
          that the contractor should reasonably expect may be
          performed;
            "(ii) a description of the vessel's normal route and port
          calls in the United States;
            "(iii) an estimate of the cost of obtaining the qualified
          maintenance or repair described under clause (i) in the
          United States; and
            "(iv) an estimate of the cost of obtaining the qualified
          maintenance or repair described under clause (i) outside the
          United States, in the country in which the contractor
          otherwise would undertake the qualified maintenance or
          repair.
        "(2) Certification by secretary. - 
          "(A) Not later than 30 days after the date of receipt of
        notification under paragraph (1), the Secretary shall certify
        to the contractor - 
            "(i) whether the cost estimates provided by the contractor
          are fair and reasonable;
            "(ii) if the Secretary determines that such cost estimates
          are not fair and reasonable, the Secretary's estimate of fair
          and reasonable costs for such work;
            "(iii) whether there are available to the Secretary
          sufficient funds to pay reimbursement under subsection (d)
          with respect to such work; and
            "(iv) that the Secretary commits such funds to the
          contractor for such reimbursement, if such funds are
          available for that purpose.
          "(B) If the contractor notification described in paragraph
        (1) does not include an estimate of the cost of obtaining
        qualified maintenance and repair in the United States, then not
        later than 30 days after the date of receipt of such
        notification, the Secretary shall - 
            "(i) certify to the contractor whether there is a facility
          capable of meeting all technical requirements of the
          qualified maintenance and repair in the United States located
          in the geographic area in which the vessel normally operates
          available to perform the qualified maintenance and repair
          described in the notification by the contractor under
          paragraph (1) in the time period required by the contractor
          to maintain its regularly scheduled service; and
            "(ii) if there is such a facility, require the contractor
          to resubmit such notification with the required cost estimate
          for such facility.
      "(f) Regulations. - 
        "(1) Requirement to issue notice of proposed rule making. - The
      Secretary shall - 
          "(A) by not later than 30 days after the effective date of
        this subsection [probably means effective date of Pub. L. 109-
        163, Jan. 6, 2006], issue a notice of proposed rule making to
        implement this section;
          "(B) in such notice, solicit the submission of comments by
        the public regarding rules to implement this section; and
          "(C) provide a period of at least 30 days for the submission
        of such comments.
        "(2) Interim rules. - Upon expiration of the period for
      submission of comments pursuant to paragraph (1)(C), the
      Secretary may prescribe interim rules necessary to carry out the
      Secretary's responsibilities under this section. For this
      purpose, the Secretary is excepted from compliance with the
      notice and comment requirements of section 553 of title 5, United
      States Code. At the time interim rules are issued, the Secretary
      shall solicit comments on the interim rules from the public and
      other interested persons. Such period for comment shall not be
      less than 90 days. All interim rules prescribed under the
      authority of this subsection that are not earlier superseded by
      final rules shall expire no later than 270 days after the
      effective date of this subsection.
      "(g) Qualified Maintenance or Repair Defined. - In this section
    the term 'qualified maintenance or repair' - 
        "(1) except as provided in paragraph (2), means - 
          "(A) any inspection of a vessel that is - 
            "(i) required under chapter 33 of title 46, United States
          Code; and
            "(ii) performed in the period in which the vessel is
          subject to an agreement under this section;
          "(B) any maintenance or repair of a vessel that is
        determined, in the course of an inspection referred to in
        subparagraph (A), to be necessary; and
          "(C) any additional maintenance or repair the contractor
        intends to undertake at the same time as the work described in
        subparagraph (B); and
        "(2) does not include - 
          "(A) maintenance or repair not agreed to by the contractor to
        be undertaken at the same time as the work described in
        paragraph (1); or
          "(B) any emergency work that is necessary to enable a vessel
        to return to a port in the United States.
      "(h) Annual Report. - The Secretary shall submit to the Congress
    by not later than September 30 each year a report on the program
    under this section. The report shall include a listing of future
    inspection schedules for all vessels included in the Maritime
    Security Fleet under section 53102 of title 46, United States Code.
      "(i) Authorization of Appropriations. - In addition to the other
    amounts authorized by this title [see Short Title of 2003 Amendment
    note set out under section 101 of this title], for reimbursement of
    costs of qualified maintenance or repair under this section there
    is authorized to be appropriated to the Secretary of Transportation
    $19,500,000 for each of fiscal years 2006 through 2011."

           NATIONAL DEFENSE TANK VESSEL CONSTRUCTION ASSISTANCE       
      Pub. L. 108-136, div. C, title XXXV, subtitle D, Nov. 24, 2003,
    117 Stat. 1820, as amended by Pub. L. 108-375, div. C, title XXXV,
    Sec. 3503, Oct. 28, 2004, 118 Stat. 2195; Pub. L. 109-163, div. C,
    title XXXV, Sec. 3504, Jan. 6, 2006, 119 Stat. 3551; Pub. L. 109-
    364, div. C, title XXXV, Sec. 3502(b)(2), Oct. 17, 2006, 120 Stat.
    2516, provided that:

      "SEC. 3541. NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PROGRAM.
      "The Secretary of Transportation shall establish a program for
    the provision of financial assistance for the construction in the
    United States of a fleet of up to 5 privately owned product tank
    vessels - 
        "(1) to be operated in commercial service in foreign commerce;
      and
        "(2) to be available for national defense purposes in time of
      war or national emergency pursuant to an Emergency Preparedness
      Plan approved by the Secretary of Defense pursuant to section
      3543(e).

      "SEC. 3542. APPLICATION PROCEDURE.
      "(a) Request for Proposals. - Within 90 days after the date of
    the enactment of this subtitle [Nov. 24, 2003], and on an as-needed
    basis thereafter, the Secretary, in consultation with the Secretary
    of Defense, shall publish in the Federal Register a request for
    competitive proposals for the construction of new product tank
    vessels necessary to meet the commercial and national security
    needs of the United States and to be built with assistance under
    this subtitle.
      "(b) Qualification. - Any citizen of the United States or any
    shipyard in the United States may submit a proposal to the
    Secretary of Transportation for purposes of constructing a product
    tank vessel with assistance under this subtitle.
      "(c) Requirement. - The Secretary, with the concurrence of the
    Secretary of Defense, may enter into an agreement with the
    submitter of a proposal for assistance under this subtitle if the
    Secretary determines that - 
        "(1) the plans and specifications call for construction of a
      new product tank vessel of not less than 35,000 deadweight tons
      and not greater than 60,000 deadweight tons, that - 
          "(A) will meet the requirements of foreign commerce;
          "(B) is capable of carrying militarily useful petroleum
        products, and will be suitable for national defense or military
        purposes in time of war, national emergency, or other military
        contingency; and
          "(C) will meet the construction standards necessary to be
        documented under the laws of the United States;
        "(2) the shipyard in which the vessel will be constructed has
      the necessary capacity and expertise to successfully construct
      the proposed number and type of product tank vessels in a
      reasonable period of time as determined by the Secretary of
      Transportation, taking into consideration the recent prior
      commercial shipbuilding history of the proposed shipyard in
      delivering a vessel or series of vessels on time and in
      accordance with the contract price and specifications; and
        "(3) the person proposed to be the operator of the proposed
      vessel possesses the ability, experience, financial resources,
      and any other qualifications determined to be necessary by the
      Secretary for the operation and maintenance of the vessel.
      "(d) Priority. - The Secretary - 
        "(1) subject to paragraph (2), shall give priority
      consideration to a proposal submitted by a person that is a
      citizen of the United States under section 2 of the Shipping Act,
      1916 ([former] 46 U.S.C. App. 802) [see 46 U.S.C. 50501]; and
        "(2) may give priority to consideration of proposals that
      provide the best value to the Government, taking into
      consideration - 
          "(A) the costs of vessel construction;
          "(B) the commercial and national security needs of the United
        States; and
          "(C) with respect to any proposal for financial assistance to
        be provided from amounts appropriated for a fiscal year after
        fiscal year 2005, acceptance of the vessel to be constructed
        with the assistance for participation in the Shipboard
        Technology Evaluation Program as outlined in Navigation and
        Vessel Inspection Circular 01-04, issued by the Commandant of
        the United States Coast Guard on January 2, 2004.

      "SEC. 3543. AWARD OF ASSISTANCE.
      "(a) In General. - If after review of a proposal, the Secretary
    determines that the proposal fulfills the requirements under this
    subtitle, the Secretary may enter into a contract with the proposed
    purchaser and the proposed shipyard for the construction of a
    product tank vessel with assistance under this subtitle.
      "(b) Amount of Assistance. - The contract shall provide that the
    Secretary shall pay, subject to the availability of appropriations,
    the actual construction cost of the vessel, but in no case more
    than $50,000,000 per vessel.
      "(c) Construction in United States. - A contract under this
    section shall require that construction of a vessel with assistance
    under this subtitle shall be performed in a shipyard in the United
    States.
      "(d) Documentation of Vessel. - 
        "(1) Contract requirement. - A contract under this section
      shall require that, upon delivery of a vessel constructed with
      assistance under the contract, the vessel shall be documented
      under chapter 121 of title 46, United States Code, with a
      registry endorsement only.
        "(2) Restriction on coastwise endorsement. - A vessel
      constructed with assistance under this subtitle shall not be
      eligible for a certificate of documentation with a coastwise
      endorsement.
        "(3) Authority to reflag not applicable. - Section 9(g)
      [probably should be 9(e)] of the Shipping Act, 1916, ([former] 46
      U.S.C. App. 808(g) [probably should be 808(e)]) [now 46 U.S.C.
      56101(c)] shall not apply to a vessel constructed with assistance
      under this subtitle.
      "(e) Emergency Preparedness Agreement. - 
        "(1) In general. - A contract under this section shall require
      that the person who will be the operator of a vessel constructed
      with assistance under the contract shall enter into an Emergency
      Preparedness Agreement for the vessel under section 53107 of
      title 46, United States Code, as amended by this Act.
        "(2) Treatment as contractor. - For purposes of the
      application, under paragraph (1), of section 53107 of title 46,
      United States Code, to a vessel constructed with assistance under
      this subtitle, the term 'contractor' as used in that section
      means the person who will be the operator of a vessel constructed
      with assistance under this subtitle.
      "(f) Additional Terms. - The Secretary shall incorporate in the
    contract the requirements set forth in this subtitle, and may
    incorporate in the contract any additional terms the Secretary
    considers necessary.

      "SEC. 3544. PRIORITY FOR TITLE XI ASSISTANCE.
      [Amended section 1273 of the former Appendix to this title.]

      "SEC. 3545. DEFINITIONS.
      "In this subtitle the definitions set forth in section 53101 of
    title 46, United States Code, as amended by this Act, shall apply.

      "SEC. 3546. AUTHORIZATION OF APPROPRIATIONS.
      "There are authorized to be appropriated to the Secretary to
    carry out this subtitle a total of $250,000,000 for fiscal years
    after fiscal year 2004."

      SALE OF INACTIVE PASSENGER VESSELS UNDER OPERATING-DIFFERENTIAL
                       SUBSIDY TO FOREIGN OWNERSHIP
      Pub. L. 92-296, Sec. 1, May 16, 1972, 86 Stat. 140; Pub. L. 97-
    31, Sec. 12(38), Aug. 6, 1981, 95 Stat. 156, provided that:
      "Notwithstanding any other provision of law or of prior contract
    with the United States, any vessel heretofore operated as a
    passenger vessel, as defined in section 613(a) of the Merchant
    Marine Act, 1936, as amended [act June 29, 1936, ch. 858, set out
    below], under an operating-differential subsidy contract with the
    United States and now in inactive or layup status, except the
    steamship Independence and the steamship United States, may be sold
    and transferred to foreign ownership, registry, and flag, with the
    prior approval of the Secretary of Transportation. Such approval
    shall require (1) approval of the purchaser; (2) payment of
    existing debt and private obligations related to the vessel; (3)
    approval of the price, including terms of payment, for the sale of
    the vessel; (4) the seller to enter into an agreement with the
    Secretary whereby an amount equal to the net proceeds received from
    such sale in excess of existing obligations and expenses incident
    to the sale shall within a reasonable period not to exceed twelve
    months of receipt be committed and thereafter be used as equity
    capital for the construction of new vessels which the Secretary
    determines are built to effectuate the purposes and policy of the
    Merchant Marine Act, 1936, as amended [former 46 U.S.C. App. 1101
    et seq., see Disposition Table preceding section 101 of this
    title]; and (5) the purchaser to enter into an agreement with the
    Secretary, binding upon such purchaser and any later owner of the
    vessel and running with title to the vessel, that (a) the vessel
    will not carry passengers or cargo in competition, as determined by
    the Secretary, with any United States-flag passenger vessel for a
    period of two years from the date the transferred vessel goes into
    operation; (b) the vessel will be made available to the United
    States in time of emergency and just compensation for title or use,
    as the case may be, shall be paid in accordance with section 902 of
    the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1242)
    [now 46 U.S.C. 56301 et seq.]; (c) the purchaser will comply with
    such further conditions as the Secretary may impose as authorized
    by sections 9, 37, and 41 of the Shipping Act, 1916, as amended
    ([former] 46 U.S.C. [App.] 808, 835, and 839) [see 46 U.S.C. 56101
    to 56104 and 57109]; and (d) the purchaser will furnish a surety
    bond in an amount and with a surety satisfactory to the Secretary
    to secure performance of the foregoing agreements.
      "In addition to any other provision such agreements may contain
    for enforcement of (4) and (5) above, the agreements therein
    required may be specifically enforced by decree for specific
    performance or injunction in any district court of the United
    States. In the agreement with the Secretary the purchaser shall
    irrevocably appoint a corporate agent within the United States for
    service of process upon such purchaser in any action to enforce the
    agreement."

    OFF-SEASON CRUISES ADDITIONAL TO VOYAGES ON REGULAR SERVICE, ROUTE,
                                  OR LINE
      Pub. L. 87-45, Sec. 7, May 27, 1961, 75 Stat. 91, provided that:
    "The cruises authorized by section 613 [of act June 29, 1936, ch.
    858, set out below] shall be in addition to and not in derogation
    of the right of an operator to make voyages on his regular service,
    route or line, including approved deviations within the general
    area of his essential service. There shall be no adjustment of
    subsidy in the event of such deviations if they are without
    prejudice to the adequacy of service."

    MINIMUM MANNING, WAGE SCALES, AND WORKING CONDITIONS ON SUBSIDIZED
                                  VESSELS
      Act June 29, 1936, ch. 858, title III, Sec. 301, 49 Stat. 1992;
    June 23, 1938, ch. 600, Secs. 5, 6, 52 Stat. 955; 1946 Reorg. Plan
    No. 3, Secs. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat.
    1097; Pub. L. 97-31, Sec. 12(82), Aug. 6, 1981, 95 Stat. 160; Pub.
    L. 109-163, div. A, title V, Sec. 515(g)(2)(A), Jan. 6, 2006, 119
    Stat. 3236, provided that:
      "(a) The Secretary of Transportation is authorized and directed
    to investigate the employment and wage conditions in ocean-going
    shipping and, after making such investigation and after appropriate
    hearings, to incorporate in the contracts authorized under titles
    VI and VII of this Act [former 46 U.S.C. App. 1171 et seq., 1191 et
    seq., see Disposition Table preceding section 101 of this title]
    minimum manning scales and minimum wage scales, and minimum working
    conditions for all officers and crews employed on all types of
    vessels receiving an operating-differential subsidy. After such
    minimum manning and wage scales, and working conditions shall have
    been adopted by the Secretary of Transportation, no change shall be
    made therein by the Secretary of Transportation except upon public
    notice of the hearing to be had, and a hearing by the Secretary of
    Transportation of all interested parties, under such rules as the
    Secretary of Transportation shall prescribe. The duly elected
    representatives of the organizations certified as the proper
    collective bargaining agencies shall have the right to represent
    the employees who are members of their organizations at any such
    hearings. Every contractor receiving an operating-differential
    subsidy shall post and keep posted in a conspicuous place on each
    such vessel operated by such contractor a printed copy of the
    minimum manning and wage scales, and working conditions prescribed
    by his contract and applicable to such vessel: Provided, however,
    That any increase in the operating expenses of the subsidized
    vessel occasioned by any change in the wage or manning scales or
    working conditions as provided in this section shall be added to
    the operating-differential subsidy previously authorized for the
    vessel.
      "(b) Every contract executed under authority of titles VI and VII
    of this Act shall require - 
        "(1) Insofar as is practicable, officers' living quarters shall
      be kept separate and apart from those furnished for members of
      the crew;
        "(2) Licensed officers and unlicensed members of the crew shall
      be entitled to make complaints or recommendations to the
      Secretary of Transportation providing they file such complaint or
      recommendation directly with the Secretary of Transportation, or
      with their immediate superior officer who shall be required to
      forward such complaint or recommendation with his remarks to the
      Secretary of Transportation, or with the authorized
      representatives of the respective collective bargaining agencies;
        "(3) Licensed officers who are members of the United States
      Navy Reserve shall wear on their uniforms such special
      distinguishing insignia as may be approved by the Secretary of
      the Navy; officers being those men serving under licenses issued
      by the Bureau of Marine Inspection and Navigation or the Coast
      Guard;
        "(4) The uniform stripes, decoration, or other insignia shall
      be of gold braid or woven gold or silver material, to be worn by
      officers, and no member of the ship's crew other than licensed
      officers shall be allowed to wear any uniform with such officer's
      identifying insignia;
        "(5) No discrimination shall be practiced against licensed
      officers, who are otherwise qualified, because of their failure
      to qualify as members of the United States Navy Reserve."

                     CONSTRUCTION-DIFFERENTIAL SUBSIDY                 
      Act June 29, 1936, ch. 858, title V, 49 Stat. 1995, as amended,
    provided as follows:

      SUBSIDY AUTHORIZED FOR VESSELS TO BE OPERATED IN FOREIGN TRADE  
      "Sec. 501. (a) Any proposed ship purchaser who is a citizen of
    the United States or any shipyard of the United States may make
    application to the Secretary of Transportation for a construction-
    differential subsidy to aid in the construction of a new vessel to
    be used in the foreign commerce of the United States. No such
    application shall be approved by the Secretary of Transportation
    unless he determines that (1) the plans and specifications call for
    a new vessel which will meet the requirements of the foreign
    commerce of the United States, will aid in the promotion and
    development of such commerce, and be suitable for use by the United
    States for national defense or military purposes in time of war or
    national emergency; (2) if the applicant is the proposed ship
    purchaser, the applicant possesses the ability, experience,
    financial resources, and other qualifications necessary for the
    operation and maintenance of the proposed new vessel, and (3) the
    granting of the aid applied for is reasonably calculated to carry
    out effectively the purposes and policy of this Act [former 46
    U.S.C. App. 1101 et seq., see Disposition Table preceding section
    101 of this title]. The contract of sale, and the mortgage given to
    secure the payment of the unpaid balance of the purchase price
    shall not restrict the lawful or proper use or operation of the
    vessel except to the extent expressly required by law. The
    Secretary of Transportation may give preferred consideration to
    applications that will tend to reduce construction-differential
    subsidies and that propose the construction of ships of higher
    transport capability and productivity.
      "(b) The Secretary of Transportation shall submit the plans and
    specifications for the proposed vessel to the Navy Department for
    examination thereof and suggestions for such changes therein as may
    be deemed necessary or proper in order that such vessel shall be
    suitable for economical and speedy conversion into a naval or
    military auxiliary, or otherwise suitable for the use of the United
    States Government in time of war or national emergency. If the
    Secretary of the Navy approves such plans and specifications as
    submitted, or as modified, in accordance with the provisions of
    this subsection, he shall certify such approval to the Secretary of
    Transportation.
      "(c) Any citizen of the United States or any shipyard of the
    United States may make application to the Secretary of
    Transportation for a construction-differential subsidy to aid in
    reconstructing or reconditioning any vessel that is to be used in
    the foreign commerce of the United States. If the Secretary of
    Transportation, in the exercise of his discretion, shall determine
    that the granting of the financial aid applied for is reasonably
    calculated to carry out effectively the purposes and policy of this
    Act, the Secretary of Transportation may approve such application
    and enter into a contract or contracts with the applicant therefor
    providing for the payment by the United States of a construction-
    differential subsidy that is to be ascertained, determined,
    controlled, granted, and paid, subject to all the applicable
    conditions and limitations of this title and under such further
    conditions and limitations as may be prescribed in the rules and
    regulations of the Secretary of Transportation has adopted as
    provided in section 204(b) of this Act [former 46 U.S.C. App.
    1114(b), repealed by Pub. L. 109-304, Sec. 19, Oct. 6, 2006, 120
    Stat. 1710]; but the financial aid authorized by this subsection
    shall be extended to reconstruction or reconditioning only in
    exceptional cases and after a thorough study and a formal
    determination by the Secretary of Transportation that the proposed
    reconstruction or reconditioning is consistent with the purposes
    and policy of this Act."
      (As amended June 23, 1938, ch. 600, Sec. 8, 52 Stat. 955; July
    17, 1952, ch. 939, Secs. 1, 2, 66 Stat. 760, 761; Pub. L. 91-469,
    Secs. 6, 35(a), (c), (d), Oct. 21, 1970, 84 Stat. 1019, 1035; Pub.
    L. 91-603, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1675; Pub. L. 97-31,
    Sec. 12(84), Aug. 6, 1981, 95 Stat. 161.)

                 CONSTRUCTION OF VESSELS; BIDS; SUBSIDIES             
      "Sec. 502. (a) If the Secretary of the Navy certifies his
    approval under section 501(b) of this Act, and the Secretary of
    Transportation approves the application, he may secure bids for the
    construction of the proposed vessel according to the approved plans
    and specifications. If the bid of the shipbuilder who is the lowest
    responsible bidder is determined by the Secretary of Transportation
    to be fair and reasonable, the Secretary of Transportation may
    approve such bid, and if such approved bid is accepted by the
    proposed ship purchaser, the Secretary of Transportation is
    authorized to enter into a contract with the successful bidder for
    the construction, outfitting, and equipment of the proposed vessel,
    and for the payment by the Secretary of Transportation to the
    shipbuilder, on terms to be agreed upon in the contract, of the
    contract price of the vessel, out of the construction fund
    hereinbefore referred to, or out of other available funds.
    Notwithstanding the provisions of the first sentence of section 505
    of this Act with respect to competitive bidding, the Secretary of
    Transportation is authorized to accept a price for the construction
    of the ship which has been negotiated between a shipyard and
    proposed ship purchaser if (1) the proposed ship purchaser and the
    shipyard submit backup cost details and evidence that the
    negotiated price is fair and reasonable; (2) the Secretary of
    Transportation finds that the negotiated price is fair and
    reasonable; and (3) the shipyard agrees that the Comptroller
    General of the United States or any of his duly authorized
    representatives shall, until the expiration of three years after
    final payment have access to and the right to examine any pertinent
    books, documents, papers, and records of the shipyard or any of its
    subcontractors related to the negotiation or performance of any
    contract or subcontract negotiated under this subsection and will
    include in its subcontracts a provision to that effect.
    Concurrently with entering into such contract with the shipbuilder,
    the Secretary of Transportation is authorized to enter into a
    contract for the sale of such vessel upon its completion, to the
    applicant if he is the proposed ship purchaser and if not to
    another citizen of the United States, if the Secretary of
    Transportation determines that such citizen possesses the ability,
    experience, financial resources, and other qualifications necessary
    for the operation and maintenance of the vessel at a price
    corresponding to the estimated cost, as determined by the Secretary
    of Transportation pursuant to the provisions of this Act [former 46
    U.S.C. App. 1101 et seq., see Disposition Table preceding section
    101 of this title], of building such vessel in a foreign shipyard.
      "(b) The amount of the reduction in selling price which is herein
    termed 'construction differential subsidy' shall equal, but not
    exceed, the excess of the bid of the shipbuilder constructing the
    proposed vessel (excluding the cost of any features incorporated in
    the vessel for national defense uses, which shall be paid by the
    Secretary in addition to the subsidy), over the fair and reasonable
    estimate of cost, as determined by the Secretary, of the
    construction of that type vessel if it were constructed under
    similar plans and specifications (excluding national defense
    features as above provided) in a foreign shipbuilding center which
    is deemed by the Secretary to furnish a fair and representative
    example for the determination of the estimated foreign cost of
    construction of vessels of the type proposed to be constructed. The
    Secretary of Transportation shall recompute such estimated foreign
    cost annually unless, in the opinion of the Secretary, there has
    been a significant change in shipbuilding market conditions. The
    Secretary shall publish notice of his intention to compute or
    recompute such estimated foreign cost and shall give interested
    persons, including but not limited to shipyards and shipowners and
    associations thereof, an opportunity to file written statements.
    The Secretary's consideration shall include, but not be limited to,
    all relevant matter so filed, and his determination shall include
    or be accompanied by a concise explanation of the basis of his
    determination. The construction differential approved and paid by
    the Secretary shall not exceed 50 per centum of the cost of
    constructing, reconstructing, or reconditioning the vessel
    (excluding the cost of national defense features). If the Secretary
    finds that the construction differential exceeds, in any case, the
    foregoing percentage of such cost, the Secretary may negotiate with
    any bidder (whether or not such person is the lowest bidder) and
    may contract with such bidder (notwithstanding the first sentence
    of section 505) for the construction, reconstruction, or
    reconditioning of the vessel involved in a domestic shipyard at a
    cost which will reduce the construction differential to such
    percentage or less. In the event that the Secretary has reason to
    believe that the bidding in any instance is collusive, he shall
    report all of the evidence on which he acted (1) to the Attorney
    General of the United States, and (2) to the President of the
    Senate and to the Speaker of the House of Representatives if the
    Congress shall be in session or if the Congress shall not be in
    session, then to the Secretary of the Senate and Clerk of the
    House, respectively.
      "(c) In such contract of sale between the purchaser and the
    Secretary of Transportation, the purchaser shall be required to
    make cash payments to the Secretary of Transportation of not less
    than 25 per centum of the price at which the vessel is sold to the
    purchaser. The cash payments shall be made at the time and in the
    same proportion as provided for the payments on account of the
    construction cost in the contract between the shipbuilder and the
    Secretary of Transportation. The purchaser shall pay, not less
    frequently than annually, interest on those portions of the
    Secretary of Transportation's payments as made to the shipbuilder
    which are chargeable to the purchaser's portion of the price of the
    vessel (after deduction of the purchaser's cash payments) at a rate
    not less than (i) a rate determined by the Secretary of the
    Treasury, taking into consideration the current average market
    yield on outstanding marketable obligations of the United States
    with remaining periods to maturity comparable to the average
    maturities of such loans, adjusted to the nearest one-eighth of 1
    per centum, plus (ii) an allowance adequate in the judgment of the
    Secretary of Transportation to cover administrative costs. The
    balance of such purchase price shall be paid by the purchaser,
    within twenty-five years after delivery of the vessel and in not to
    exceed twenty-five equal annual installments, the first of which
    shall be payable one year after the delivery of the vessel by the
    Secretary of Transportation to the purchaser. Interest at the rate
    per annum applicable to payments that are chargeable to the
    purchaser's portion of the price of the vessel shall be paid on all
    such installments of the purchase price remaining unpaid.
      "(d) [Repealed. Pub. L. 87-877, Sec. 2(a), Oct. 24, 1962, 76
    Stat. 1200.]
      "(e) If no bids are received for the construction, outfitting, or
    equipping of such vessel, or if it appears to the Secretary of
    Transportation that the bids received from privately owned
    shipyards of the United States are collusive, excessive, or
    unreasonable, and if a citizen of the United States agrees to
    purchase said vessel as provided in this section, then, to provide
    employment for citizens of the United States, the Secretary of
    Transportation may have such vessel constructed, outfitted, or
    equipped at not in excess of the actual cost thereof in a navy yard
    of the United States under such regulations as may be promulgated
    by the Secretary of the Navy and the Secretary of Transportation.
    In such event the Secretary of Transportation is authorized to pay
    for any such vessel so constructed from his construction fund. The
    Secretary of Transportation is authorized to sell any vessel so
    constructed, outfitted, or equipped in a navy yard to a citizen of
    the United States for the fair and reasonable value thereof, but at
    not less than the cost thereof less the equivalent to the
    construction differential subsidy determined as provided by
    subsection (b), such sale to be in accordance with all the
    provisions of this title.
      "(f) The Secretary of Transportation, with the advice of and in
    coordination with the Secretary of the Navy, shall at least once
    each year, as required for purposes of this Act, survey the
    existing privately owned shipyards capable of merchant ship
    construction, or review available data on such shipyards if deemed
    adequate, to determine whether their capabilities for merchant ship
    construction, including facilities and skilled personnel, provide
    an adequate mobilization base at strategic points for purposes of
    national defense and national emergency. The Secretary of
    Transportation, in connection with ship construction,
    reconstruction, reconditioning, or remodeling under titles V and
    VII [former 46 U.S.C. App. 1191 et seq., see Disposition Table
    preceding section 101 of this title], upon a basis of a finding
    that the award of the proposed construction, reconstruction,
    reconditioning, or remodeling work will remedy an existing or
    impending inadequacy in such mobilization base as to the
    capabilities and capacities of a shipyard or shipyards at a
    strategic point, and after taking into consideration the benefits
    accruing from standardized construction, the conditions of
    unemployment, and the needs and reasonable requirements of all
    shipyards, may allocate such construction, reconstruction,
    reconditioning, or remodeling to such yard or yards in such manner
    as he may determine to be fair, just, and reasonable to all
    sections of the country, subject to the provisions of this
    subsection. In the allocation of construction work to such yards as
    herein provided, the Secretary of Transportation may, after first
    obtaining competitive bids for such work in compliance with the
    provisions of this Act, negotiate with the bidders and with other
    shipbuilders concerning the terms and conditions of any contract
    for such work, and is authorized to enter into such contract at a
    price deemed by the Secretary of Transportation to be fair and
    reasonable. Any contract entered into by the Secretary of
    Transportation under the provisions of this subsection shall be
    subject to all of the terms and conditions of this Act, excepting
    those pertaining to the awarding of contracts to the lowest bidder
    which are inconsistent with the provisions of this subsection. In
    the event that a contract is made providing for a price in excess
    of the lowest responsible bid which otherwise would be accepted,
    such excess shall be paid by the Secretary of Transportation as a
    part of the cost of national defense, and shall not be considered
    as a part of the construction-differential subsidy. In the event
    that a contract is made providing for a price lower than the lowest
    responsible bid which otherwise would be accepted, the construction-
    differential subsidy shall be computed on the contract price in
    lieu of such bid.
      "If, as a result of allocation under this subsection, the
    purchaser incurs expenses for inspection and supervision of the
    vessel during construction and for the delivery voyage of the
    vessel in excess of the estimated expenses for the same services
    that he would have incurred if the vessel had been constructed by
    the lowest responsible bidder the Secretary of Transportation (with
    respect to construction under title V, except section 509) shall
    reimburse the purchaser for such excess, less one-half of any gross
    income the purchaser receives that is allocable to the delivery
    voyage minus one-half of the extra expenses incurred to produce
    such gross income, and such reimbursement shall not be considered
    part of the construction-differential subsidy: Provided, That no
    interest shall be paid on any refund authorized under this Act. If
    the vessel is constructed under section 509 the Secretary of
    Transportation shall reduce the price of the vessel by such excess,
    less one-half of any gross income (minus one-half of the extra
    expenses incurred to produce such gross income) the purchaser
    receives that is allocable to the delivery voyage. In the case of a
    vessel that is not to receive operating-differential subsidy, the
    delivery voyage shall be deemed terminated at the port where the
    vessel begins loading. In the case of a vessel that is to receive
    operating-differential subsidy, the delivery voyage shall be deemed
    terminated when the vessel begins loading at a United States port
    in an essential service. In either case, however, the vessel owner
    shall not be compensated for excess vessel delivery costs in an
    amount greater than the expenses that would have been incurred in
    delivering the vessel from the shipyard at which it was built to
    the shipyard of the lowest responsible bidder. If as a result of
    such allocation, the expenses the purchaser incurs with respect to
    such services are less than the expenses he would have incurred for
    such services if the vessel had been constructed by the lowest
    responsible bidder, the purchaser shall pay to the Secretary of
    Transportation an amount equal to such reduction and, if the vessel
    was built with the aid of construction-differential subsidy, such
    payment shall not be considered a reduction of the construction-
    differential subsidy.
      "(g) Upon the application of any citizen of the United States to
    purchase any vessel acquired by the Secretary of Transportation
    under the provisions of section 215 [former 46 U.S.C. App. 1125,
    see 46 U.S.C. 57105], the Secretary of Transportation is authorized
    to sell such vessel to the applicant for the fair and reasonable
    value thereof, but at not less than the cost thereof to the
    Secretary of Transportation less depreciation at the rate of 4 per
    centum per annum from the date of completion, excluding the cost of
    national-defense features added by the Secretary of Transportation,
    less the equivalent of any applicable construction-differential
    subsidy as provided by subsection (b), such sale to be in
    accordance with all the provisions of this title. Such vessel shall
    thereupon be eligible for an operating-differential subsidy under
    title VI of this Act [former 46 U.S.C. App. 1171 et seq., see
    Disposition Table preceding section 101 of this title],
    notwithstanding the provisions of section 601(a)(1), and section
    610(1) [set out below], or any other provision of law.
      "(h) The Secretary of Transportation is authorized to construct,
    purchase, lease, acquire, store, maintain, sell, or otherwise
    dispose of national defense features intended for installation on
    vessels. The Secretary of Transportation is authorized to install
    or remove such national defense features on any vessel (1) which is
    in the National Defense Reserve Fleet as defined by section 11(a)
    of the Merchant Ship Sales Act of 1946 [50 U.S.C. App. 1744(a)],
    (2) which is requisitioned, purchased, or chartered under section
    902 of the Merchant Marine Act, 1936 [former 46 U.S.C. App. 1242,
    now 46 U.S.C. 56301 et seq.], (3) which serves as security for the
    guarantee of an obligation by the Secretary of Transportation under
    title XI of this Act [former 46 U.S.C. App. 1271 et seq., see 46
    U.S.C. 53701 et seq.], or (4) which is the subject of an agreement
    between the owner of such vessel and the Secretary of
    Transportation to install or remove such national defense features.
    Title to such national defense features which the Secretary of
    Transportation determines are not to be permanently incorporated in
    a vessel shall not be affected by such installation or removal
    unless otherwise transferred in accordance with the provisions of
    this title V.
      "(i) The Secretary of Transportation shall submit the plans and
    specifications for such national defense features and the proposals
    for their acquisition, storage, utilization, or disposition to the
    Navy Department for examination thereof and suggestion for such
    changes therein as may be deemed necessary or proper in order that
    such features shall be suitable for the use of the United States
    Government in time of war or national emergency. If the Secretary
    of the Navy approves such plans, specifications, or proposals as
    submitted, or as modified in accordance with the provisions of this
    subsection, he shall certify such approval to the Secretary of
    Transportation."
      (As amended June 23, 1938, ch. 600, Secs. 9-14, 52 Stat. 955-957;
    Aug. 4, 1939, ch. 417, Sec. 6, 53 Stat. 1183; July 26, 1956, ch.
    737, 70 Stat. 657; Pub. L. 86-518, Secs. 1, 2, June 12, 1960, 74
    Stat. 216; Pub. L. 86-607, Sec. 1, July 7, 1960, 74 Stat. 362; Pub.
    L. 87-877, Secs. 1, 2(a), (e), (f), Oct. 24, 1962, 76 Stat. 1200,
    1201; Pub. L. 88-370, July 11, 1964, 78 Stat. 313; Pub. L. 88-410,
    Sec. 1, Aug. 10, 1964, 78 Stat. 385; Pub. L. 89-127, Aug. 14, 1965,
    79 Stat. 519; Pub. L. 89-589, Sept. 19, 1966, 80 Stat. 811; Pub. L.
    90-572, Oct. 12, 1968, 82 Stat. 1004; Pub. L. 91-40, July 8, 1969,
    83 Stat. 44; Pub. L. 91-469, Secs. 7, 35(a), (e)-(g), Oct. 21,
    1970, 84 Stat. 1019, 1035, 1036; Pub. L. 91-603, Sec. 4(b), Dec.
    31, 1970, 84 Stat. 1675; Pub. L. 93-71, July 10, 1973, 87 Stat.
    169; Pub. L. 94-372, Secs. 2, 3, July 31, 1976, 90 Stat. 1042; Pub.
    L. 96-210, Mar. 17, 1980, 94 Stat. 100; Pub. L. 96-387, Sec. 3,
    Oct. 7, 1980, 94 Stat. 1545; Pub. L. 97-31, Sec. 12(84), (85), Aug.
    6, 1981, 95 Stat. 161.)

      DOCUMENTATION OF COMPLETED VESSEL UNDER LAWS OF UNITED STATES;
     DELIVERY TO PURCHASER; FIRST MORTGAGE TO SECURE DEFERRED PAYMENTS
      "Sec. 503. Upon completion of the construction of any vessel in
    respect to which a construction-differential subsidy is to be
    allowed under this title and its delivery by the shipbuilder to the
    Secretary of Transportation, the vessel shall be documented under
    the laws of the United States, and concurrently therewith, or as
    soon thereafter as practicable, the vessel shall be delivered with
    a bill of sale to the purchaser with warranty against liens,
    pursuant to the contract of sale between the purchaser and the
    Secretary of Transportation. The vessel shall remain documented
    under the laws of the United States for not less than twenty-five
    years, or so long as there remains due the United States any
    principal or interest on account of the purchaser price, whichever
    is the longer period. At the time of delivery of the vessel the
    purchaser shall execute and deliver a first-preferred mortgage to
    the United States to secure payment of any sums due from the
    purchaser in respect to said vessel: Provided, That notwithstanding
    any other provisions of law, the payment of any sums due in respect
    to a passenger vessel purchased under section 4(b) of the Merchant
    Ship Sales Act of 1946 [former 50 U.S.C. App. 1737(b)], reconverted
    or restored for normal operation in commercial services, or in
    respect to a passenger vessel purchased under title V of this Act,
    which is delivered subsequent to March 8, 1946, and which (i) is of
    not less than ten thousand gross tons, (ii) has a designed speed
    approved by the Secretary of Transportation but not less than
    eighteen knots, (iii) has accommodations for not less than two
    hundred passengers, and, (iv) is approved by the Secretary of
    Defense as being desirable for national defense purposes, may, with
    the approval of the Secretary of Transportation be secured only by
    a first-preferred mortgage on said vessel. With the approval of the
    Secretary of Transportation, such preferred mortgage may provide
    that the sole recourse against the purchaser of such a passenger
    vessel under such mortgage, and any of the notes secured thereby,
    shall be limited to repossession of the vessel by the United States
    and the assignment of insurance claims, if the purchaser shall have
    complied with all provisions of the mortgage other than those
    relating to the payment of principal and interest when due, and the
    obligation of the purchaser shall be satisfied and discharged by
    the surrender of the vessel, and all right, title, and interest
    therein to the United States. Such vessel upon surrender shall be
    (i) free and clear of all liens and encumbrances whatsoever, except
    the lien of the preferred mortgage, (ii) in class, and (iii) in as
    good order and condition, ordinary wear and tear excepted, as when
    acquired by the purchaser, except that any deficiencies with
    respect to freedom from encumbrances, condition, and class, may, to
    the extent covered by valid policies of insurance, be satisfied by
    the assignment to the United States of claims of the purchaser
    under such policies of insurance. The purchaser shall also comply
    with all the provisions of section 9 of the Merchant Marine Act,
    1920 [former 46 U.S.C. App. 868, repealed by Pub. L. 109-304, Sec.
    19, Oct. 6, 2006, 120 Stat. 1710]."
      (As amended June 23, 1938, ch. 600, Sec. 15, 52 Stat. 957; July
    17, 1952, ch. 939, Sec. 3, 66 Stat. 761; Pub. L. 86-518, Sec. 1,
    June 12, 1960, 74 Stat. 216; Pub. L. 91-469, Secs. 8, 35(a), Oct.
    21, 1970, 84 Stat. 1021, 1035; Pub. L. 97-31, Sec. 12(84), Aug. 6,
    1981, 95 Stat. 161.)

     PURCHASE OF VESSEL CONSTRUCTED IN ACCORDANCE WITH APPLICATION FOR
    SUBSIDY; BID OR NEGOTIATED PRICE BASIS FOR SUBSIDY AND PAYMENTS FOR
             COST OF NATIONAL DEFENSE FEATURES; DOCUMENTATION
      "Sec. 504. If a qualified purchaser under the terms of this title
    desires to purchase a vessel to be constructed in accordance with
    an application for construction-differential subsidy under this
    title, the Secretary of Transportation may, in lieu of contracting
    to pay the entire cost of the vessel under section 502, contract to
    pay only construction-differential subsidy and the cost of national
    defense features to the shipyard constructing such vessel. The
    construction-differential subsidy and payments for the cost of
    national defense features shall be based upon the lowest
    responsible domestic bid unless the vessel is constructed at a
    negotiated price as provided by section 502(a) or under a contract
    negotiated by the Secretary of Transportation as provided in
    section 502(b) in which event the construction-differential subsidy
    and payments for the cost of national defense features shall be
    based upon such negotiated price. No construction-differential
    subsidy, as provided in this section, shall be paid unless the said
    contract or contracts or other arrangements contain such provisions
    as are provided in this title to protect the interests of the
    United States as the Secretary of Transportation deems necessary.
    Such vessel shall be documented under the laws of the United States
    as provided in section 503 of this title. The contract of sale, and
    the mortgage given to secure the payment of the unpaid balance of
    the purchase price, shall not restrict the lawful or proper use or
    operation of the vessel, except to the extent expressly required by
    law."
      (As amended June 23, 1938, ch. 600, Sec. 16, 52 Stat. 958; July
    17, 1952, ch. 939, Sec. 4, 66 Stat. 761; Pub. L. 91-469, Secs. 9,
    35(a), Oct. 21, 1970, 84 Stat. 1021, 1035; Pub. L. 97-31, Sec.
    12(84), Aug. 6, 1981, 95 Stat. 161.)

    ELIGIBLE SHIPYARDS; MATERIALS; CONDITIONS OF CONTRACTS; LIMITATION
       TO AMERICAN SHIPYARDS; AMERICAN MATERIALS, WAIVER; ABILITY OF
                       BIDDERS; FILING BIDS AND DATA
      "Sec. 505. All construction in respect of which a construction-
    differential subsidy is allowed under this title shall be
    performed in a shipyard of the United States as the result of
    competitive bidding, after due advertisement, with the right
    reserved in the Secretary of Transportation to disapprove, any or
    all bids. In all such construction the shipbuilder, subcontractors,
    materialmen, or suppliers shall use, so far as practicable, only
    articles, materials, and supplies of the growth, production, or
    manufacture of the United States as defined in paragraph K of
    section 401 of the Tariff Act of 1930 [now 19 U.S.C. 1401(h)];
    Provided, however, That with respect to other than major components
    of the hull, superstructure, and any material used in the
    construction thereof, (1) if the Secretary of Transportation
    determines that the requirements of this sentence will unreasonably
    delay completion of any vessel beyond its contract delivery date,
    and (2) if such determination includes or is accompanied by a
    concise explanation of the basis therefor, then the Secretary of
    Transportation may waive such requirements to the extent necessary
    to prevent such delay. No shipbuilder shall be deemed a responsible
    bidder unless he possesses the ability, experience, financial
    resources, equipment, and other qualifications necessary properly
    to perform the proposed contract. Each bid submitted to the
    Secretary of Transportation shall be accompanied by all detailed
    estimates upon which it is based. The Secretary of Transportation
    may require that the bids of any subcontractors, or other pertinent
    data, accompany such bid. All such bids and data relating thereto
    shall be kept on file until disposed of as provided by law. For the
    purposes of this title V, the term 'shipyard of the United States'
    means shipyards within any of the United States and the
    Commonwealth of Puerto Rico."
      (As amended June 23, 1938, ch. 600, Secs. 17, 40(a), 52 Stat.
    958, 964; Oct. 25, 1951, ch. 562, Sec. 3(4), 65 Stat. 639; Pub. L.
    86-624, Sec. 35(a), July 12, 1960, 74 Stat. 421; Pub. L. 91-469,
    Secs. 10, 35(a), Oct. 21, 1970, 84 Stat. 1022, 1035; Pub. L. 97-31,
    Sec. 12(84), Aug. 6, 1981, 95 Stat. 161.)

     OPERATION OF SUBSIDY CONSTRUCTED VESSEL LIMITED TO FOREIGN TRADE;
                  REPAYMENTS TO SECRETARY FOR DEVIATIONS
      "Sec. 506. Every owner of a vessel for which a construction-
    differential subsidy has been paid shall agree that the vessel
    shall be operated exclusively in foreign trade, or on a round-the-
    world voyage, or on a round voyage from the west coast of the
    United States to a European port or ports which includes
    intercoastal ports of the United States, or a round voyage from the
    Atlantic coast of the United States to the Orient which includes
    intercoastal ports of the United States, or on a voyage in foreign
    trade on which the vessel may stop at the State of Hawaii, or an
    island possession or island territory of the United States, and
    that if the vessel is operated in the domestic trade on any of the
    above-enumerated services, he will pay annually to the Secretary of
    Transportation that proportion of one-twenty-fifth of the
    construction-differential subsidy paid for such vessel as the gross
    revenue derived from the domestic trade bears to the gross revenue
    derived from the entire voyages completed during the preceding
    year. The Secretary may consent in writing to the temporary
    transfer of such vessel to service other than the service covered
    by such agreement for periods not exceeding six months in any year,
    whenever the Secretary may determine that such transfer is
    necessary or appropriate to carry out the purposes of this Act
    [former 46 U.S.C. App. 1101 et seq., see Disposition Table
    preceding section 101 of this title]. Such consent shall be
    conditioned upon the agreement by the owner to pay to the
    Secretary, upon such terms and conditions as he may prescribe, an
    amount which bears the same proportion to the construction-
    differential subsidy paid by the Secretary as such temporary
    period bears to the entire economic life of the vessel. No
    operating-differential subsidy shall be paid for the operation of
    such vessel for such temporary period."
      (As amended June 23, 1938, ch. 600, Sec. 18, 52 Stat. 958; Mar.
    18, 1959, Pub. L. 86-3, Sec. 18(b)(1), 73 Stat. 12; Pub. L. 86-518,
    Sec. 3, June 12, 1960, 74 Stat. 216; Pub. L. 97-31, Sec. 12(87),
    Aug. 6, 1981, 95 Stat. 161.)

      CONSTRUCTION OF NEW VESSEL TO REPLACE OBSOLETE; PURCHASE OF OLD
             VESSEL BY SECRETARY; BOND OF SELLER AGAINST LIENS
      "Sec. 507. If a contract is made by the Secretary of
    Transportation under authority of this title for the construction
    and sale of a new vessel to replace a vessel then operated in
    foreign trade or domestic trade, which in the judgment of the
    Secretary of Transportation should be replaced because it is
    obsolete or inadequate for successful operation in such trade, the
    Secretary of Transportation is authorized, in his discretion, to
    buy such replaced vessel from the owner at a fair and reasonable
    valuation, which valuation shall not exceed the cost to the owner
    or any former owner plus the actual cost previously expended
    thereon for reconditioning, and less a reasonable and proper
    depreciation, based upon not more than twenty-five-year life of the
    vessel, and apply the purchase price agreed upon to that portion of
    the construction cost of such new vessel which is to be borne by
    the purchaser thereof: Provided, That the owner of such replaced
    vessel shall execute a bond, with one or more approved sureties,
    conditioned upon indemnifying the United States from all loss
    resulting from any existing lien against such vessel: And provided
    further, That such vessel has been documented under the laws of the
    United States for a period of at least ten years prior to the date
    of its purchase by the United States."
      (As amended June 23, 1938, ch. 600, Sec. 19, 52 Stat. 959; July
    17, 1952, ch. 939, Sec. 5, 66 Stat. 761; Pub. L. 86-518, Sec. 1,
    June 12, 1960, 74 Stat. 216; Pub. L. 97-31, Sec. 12(88), Aug. 6,
    1981, 95 Stat. 161.)

     DISPOSITION OF VESSELS TRANSFERRED TO MARITIME ADMINISTRATION OF
                       DEPARTMENT OF TRANSPORTATION
      [Section 508 was classified to section 1158 of the former
    Appendix to this title and was repealed and restated as sections
    57102 and 57103 of this title by Pub. L. 109-304, Secs. 8(c), 19,
    Oct. 6, 2006, 120 Stat. 1586, 1710.]

     VESSELS TO BE OPERATED IN DOMESTIC TRADE; TERMS AND CONDITIONS OF
                  CONSTRUCTION AID AND SALE TO PURCHASER
      "Sec. 509. Any citizen of the United States may make application
    to the Secretary of Transportation for aid in the construction of a
    new vessel to be operated in the foreign or domestic trade
    (excepting vessels engaged solely in the transportation of property
    on inland rivers and canals exclusively). If such application is
    approved by the Secretary of Transportation, the vessel may be
    constructed under the terms and conditions of this title, but no
    construction-differential subsidy shall be allowed. The Secretary
    of Transportation shall pay for the cost of national-defense
    features incorporated in such vessel. In case the vessel is
    designed to be of not less than three thousand five hundred gross
    tons and to be capable of sustained speed of not less than ten
    knots, or in the case of a passenger vessel operating solely on the
    inland rivers and waterways which is designed to be of not less
    than one thousand gross tons and to be capable of sustained speed
    of not less than eight knots, or in the case of a ferry operating
    solely in point-to-point transportation which is designed to be of
    not less than seventy-five gross tons and to be capable of a
    sustained speed of not less than eight knots, in the case of an
    oceangoing tug of more than two thousand five hundred horsepower or
    oceangoing barge of more than two thousand five hundred gross tons,
    or in the case of a vessel of more than two thousand five hundred
    horsepower designed to be capable of sustained speed of not less
    than forty knots, the purchaser shall be required to pay the
    Secretary of Transportation not less than 12 1/2  per centum of the
    cost of such vessel, and in the case of any other vessel the
    purchaser shall be required to pay the Secretary of Transportation
    not less than 25 per centum of the cost of such vessel (excluding
    from such cost, in either case, the cost of national defense
    features); and the balance of such purchase price shall be paid by
    the purchaser within twenty-five years in not to exceed twenty-five
    equal annual installments, with interest at a rate not less than
    (i) a rate determined by the Secretary of the Treasury, taking into
    consideration the current average market yield on outstanding
    marketable obligations of the United States with remaining periods
    to maturity comparable to the average maturities of such loans,
    adjusted to the nearest one-eighth of 1 per centum, plus (ii) an
    allowance adequate in the judgment of the Secretary of
    Transportation to cover administrative costs, the balance of such
    purchase price being secured by a preferred mortgage on the vessel
    sold and otherwise secured as the Secretary of Transportation may
    determine: Provided, That, notwithstanding any other provisions of
    law, the balance of the purchase price of a passenger vessel
    constructed under this section which is delivered subsequent to
    March 8, 1946, and which has the tonnage, speed, passenger
    accommodations, and other characteristics set forth in section 503
    of this Act, may, with the approval of the Secretary of
    Transportation, be secured as provided in such section, and the
    obligation of the purchaser of such a vessel shall be satisfied and
    discharged as provided in such section."
      (As amended June 23, 1938, ch. 600, Sec. 20, 52 Stat. 959; June
    6, 1939, ch. 186, 53 Stat. 810; July 17, 1952, ch. 939, Sec. 6, 66
    Stat. 761; Pub. L. 86-518, Sec. 1, June 12, 1960, 74 Stat. 216;
    Pub. L. 87-877, Sec. 2(b), Oct. 24, 1962, 76 Stat. 1200; Pub. L. 90-
    183, Dec. 10, 1967, 81 Stat. 559; Pub. L. 90-214, Dec. 18, 1967,
    81 Stat. 660; Pub. L. 91-469, Sec. 11, Oct. 21, 1970, 84 Stat.
    1022; Pub. L. 92-374, Aug. 10, 1972, 86 Stat. 528; Pub. L. 95-173,
    Sec. 8, Nov. 12, 1977, 91 Stat. 1360; Pub. L. 95-505, Oct. 24,
    1978, 92 Stat. 1755; Pub. L. 97-31, Sec. 12(90), Aug. 6, 1981, 95
    Stat. 161.)

                      ACQUISITION OF OBSOLETE VESSELS                  
      [Section 510 was classified to section 1160 of the former
    Appendix to this title and was primarily repealed and restated in
    subtitle V of this title by Pub. L. 109-304, Secs. 8(b), (c), 19,
    Oct. 6, 2006, 120 Stat. 1556, 1586, 1710. For disposition of
    sections of the former Appendix to this title, see Disposition
    Table preceding section 101 of this title.]

    RESERVE FUNDS FOR CONSTRUCTION OR ACQUISITION OF VESSELS; TAXATION
      [Section 511 was classified to section 1161 of the former
    Appendix to this title and was primarily repealed and restated as
    chapter 533 of this title by Pub. L. 109-304, Secs. 8(c), 19, Oct.
    6, 2006, 120 Stat. 1586, 1710. For disposition of sections of the
    former Appendix to this title, see Disposition Table preceding
    section 101 of this title.]

                        LIMITATION ON RESTRICTIONS                    
      "Sec. 512. (a) Except as provided in subsection (b),
    notwithstanding any other provision of law or contract, all
    restrictions and requirements under sections 503, 506, and 802 [set
    out below] applicable to a liner vessel constructed, reconstructed,
    or reconditioned with the aid of construction-differential subsidy
    shall terminate upon the expiration of the 25-year period beginning
    on the date of the original delivery of the vessel from the
    shipyard.
      "(b)(1) Except as provided in paragraph (2), the restrictions and
    requirements of section 506 shall terminate upon the expiration of
    the 20-year period beginning on the date of the original delivery
    of the vessel from the shipyard for operation of a vessel in any
    domestic trade in which it has operated at any time since 1996.
      "(2) Paragraph (1) shall not affect any requirement to make
    payments under section 506."
      (As added Pub. L. 104-239, Sec. 7, Oct. 8, 1996, 110 Stat. 3133;
    amended Pub. L. 108-136, div. C, title XXXV, Sec. 3532(b), Nov. 24,
    2003, 117 Stat. 1818.)
      [Title V of act June 29, 1936, ch. 858, comprising this note,
    consisted of sections 501 to 512 which were classified to sections
    1151 to 1162, respectively, of the former Appendix to this title,
    prior to the enactment of Pub. L. 109-304 and elimination of that
    Appendix. For complete disposition of those sections, see
    Disposition Table preceding section 101 of this title.]
      [Pub. L. 87-877, Sec. 5, Oct. 24, 1962, 76 Stat. 1202, provided
    that: "The amendment made by the first section of this Act
    [amending section 502 of act June 29, 1936, ch. 858, set out above]
    shall be effective only with respect to contracts entered into with
    respect to (a) the construction of a vessel the keel of which was
    laid after June 30, 1959, or (b) the reconstruction or
    reconditioning of a vessel the shipyard contract for which was
    entered into after June 30, 1959, and the Secretary may, with the
    consent of the parties thereto, modify any such contract entered
    into prior to the date of the enactment of this Act [Oct. 24, 1962]
    to the extent authorized by the amendment made by this Act."]
      [Pub. L. 86-607, Sec. 2, July 7, 1960, 74 Stat. 362, as amended
    by Pub. L. 87-222, Sept. 13, 1961, 75 Stat. 494, provided that:
    "The amendment made by this Act [amending section 502 of act June
    29, 1936, ch. 858, set out above] shall be effective only with
    respect to any contract entered into not later than two years after
    the date of enactment of this Act [July 7, 1960] under the
    provisions of section 502 of the Merchant Marine Act, 1936 [act
    June 29, 1936, ch. 858], with respect to (a) the construction of a
    vessel the keel of which was laid, or (b) the reconstruction or
    reconditioning of a vessel the shipyard contract for which was
    entered into after June 30, 1959, and the Federal Maritime Board
    may, with the consent of the parties thereto, modify any such
    contract entered into prior to the date of enactment of the first
    amendment to Public Law 86-607 (74 Stat. 362) [Sept. 13, 1961], to
    the extent authorized by the amendment made by this Act, as
    amended."]
      [Pub. L. 86-518, Sec. 8(a), June 12, 1960, 74 Stat. 216, provided
    that: "The amendments made by this Act [amending sections 502, 503,
    506, 507, 509, 605, and 611 of act June 29, 1936, ch. 858, set out
    above and below] shall apply only to vessels delivered by the
    shipbuilder on or after January 1, 1946, and with respect to such
    vessels shall become effective on January 1, 1960. With respect to
    vessels delivered by the shipbuilder before January 1, 1946, the
    provisions of the Merchant Marine Act, 1936 [act June 29, 1936, ch.
    858, see Tables for classification], existing immediately before
    the date of enactment of this Act [June 12, 1960] shall continue in
    effect."]

                      OPERATING-DIFFERENTIAL SUBSIDY                  
      Act June 29, 1936, ch. 858, title VI, 49 Stat. 2001, as amended,
    provided as follows:

            SUBTITLE A - OPERATING-DIFFERENTIAL SUBSIDY PROGRAM        

    SUBSIDY AUTHORIZED FOR OPERATION OF VESSELS IN FOREIGN TRADE OR IN
                            OFF-SEASON CRUISES
      "Sec. 601. (a) The Secretary of Transportation is authorized and
    directed to consider the application of any citizen of the United
    States for financial aid in the operation of a vessel or vessels,
    which are to be used in an essential service in the foreign
    commerce of the United States or in such service and in cruises
    authorized under section 613 of this title. In this title VI the
    term 'essential service' means the operation of a vessel on a
    service, route, or line described in section 211(a) [now 46 U.S.C.
    50103(a)(1)] or in bulk cargo carrying service described in section
    211(b) [now 46 U.S.C. 50103(b)]. No such application shall be
    approved by the Secretary of Transportation unless he determines
    that (1) the operation of such vessel or vessels in an essential
    service is required to meet foreign-flag competition and to promote
    the foreign commerce of the United States except to the extent such
    vessels are to be operated on cruises authorized under section 613
    of this title, and that such vessel or vessels were built in the
    United States, or have been documented under the laws of the United
    States not later than February 1, 1928, or actually ordered and
    under construction for the account of citizens of the United States
    prior to such date; (2) the applicant owns, or leases or can and
    will build or purchase, or lease, a vessel or vessels of the size,
    type, speed, and number, and with the proper equipment required to
    enable him to operate in an essential service, in such manner as
    may be necessary to meet competitive conditions, and to promote
    foreign commerce; (3) the applicant possesses the ability,
    experience, financial resources, and other qualifications necessary
    to enable him to conduct the proposed operations of the vessel or
    vessels as to meet competitive conditions and promote foreign
    commerce; (4) the granting of the aid applied for is necessary to
    place the proposed operations of the vessel or vessels on a parity
    with those of foreign competitors, and is reasonably calculated to
    carry out effectively the purposes and policy of this Act [former
    46 U.S.C. App. 1101 et seq., see Disposition Table preceding
    section 101 of this title]. To the extent the application covers
    cruises, as authorized under section 613 of this title, the
    Secretary of Transportation may make the portion of this last
    determination relating to parity on the basis that any foreign flag
    cruise from the United States competes with any American flag
    cruise from the United States.
      "(b) Every application for an operating-differential subsidy
    under the provisions of this title shall be accompanied by
    statements disclosing the names of all persons having any pecuniary
    interest, direct or indirect, in such application, or in the
    ownership or use of the vessel or vessels, routes, or lines covered
    thereby, and the nature and extent of any such interest, together
    with such financial and other statements as may be required by the
    Secretary of Transportation. All such statements shall be under
    oath or affirmation and in such form as the Secretary of
    Transportation shall prescribe. Any person who, in an application
    for financial aid under this title or in any statement required to
    be filed therewith, willfully makes any untrue statement of a
    material fact, shall be guilty of a misdemeanor."
      (As amended Pub. L. 87-45, Sec. 2, May 27, 1961, 75 Stat. 90;
    Pub. L. 91-469, Secs. 14, 35(a), (h), Oct. 21, 1970, 84 Stat. 1023,
    1035, 1036; Pub. L. 91-603, Sec. 4(c), (d), Dec. 31, 1970, 84 Stat.
    1675; Pub. L. 97-31, Sec. 12(93), Aug. 6, 1981, 95 Stat. 161.)

         DETERMINATION OF NECESSITY OF SUBSIDY TO MEET COMPETITION     
      "Sec. 602. Except with respect to cruises authorized under
    section 613 of this title, no contract for an operating-
    differential subsidy shall be made by the Secretary of
    Transportation for the operation of a vessel or vessels to meet
    foreign competition, except direct foreign-flag competition, until
    and unless the Secretary of Transportation, after a full and
    complete investigation and hearing, shall determine that an
    operating-differential subsidy is necessary to meet competition of
    foreign-flag ships."
      (As amended June 23, 1938, ch. 600, Sec. 40(b), 52 Stat. 964;
    Pub. L. 87-45, Sec. 3, May 27, 1961, 75 Stat. 91; Pub. L. 91-469,
    Sec. 35(a), Oct. 21, 1970, 84 Stat. 1035; Pub. L. 97-31, Sec.
    12(94), Aug. 6, 1981, 95 Stat. 161.)

                     CONTRACTS FOR PAYMENT OF SUBSIDY                 
      "Sec. 603. (a) If the Secretary of Transportation approves the
    application, he may enter into a contract with the applicant for
    the payment of an operating-differential subsidy determined in
    accordance with the provisions of subsection (b) of this section,
    for the operation of such vessel or vessels in an essential service
    and in cruises authorized under section 613 of this title for a
    period not exceeding twenty years, and subject to such reasonable
    terms and conditions, consistent with this Act [former 46 U.S.C.
    App. 1101 et seq., see Disposition Table preceding section 101 of
    this title], as the Secretary of Transportation shall require to
    effectuate the purposes and policy of this Act, including a
    performance bond with approved sureties, if such bond is required
    by the Secretary of Transportation.
      "(b) Such contract shall provide, except as the parties should
    agree upon a lesser amount, that the amount of the operating-
    differential subsidy for the operation of vessels in an essential
    service shall equal the excess of the subsidizable wage costs of
    the United States officers and crews, the fair and reasonable cost
    of insurance, subsistence of officers and crews on passenger
    vessels, as defined in section 613 of this Act, maintenance, and
    repairs not compensated by insurance, incurred in the operation
    under United States registry of the vessel or vessels covered by
    the contract, over the estimated fair and reasonable cost of the
    same items of expense (after deducting therefrom any estimated
    increase in such items necessitated by features incorporated
    pursuant to the provisions of section 501(b) [set out above]) if
    such vessel or vessels were operated under the registry of a
    foreign country whose vessels are substantial competitors of the
    vessel or vessels covered by the contract: Provided, however, That
    the Secretary of Transportation may, with respect to any vessel in
    an essential bulk cargo carrying service as described in section
    211(b) [now 46 U.S.C. 50103(b)], pay, in lieu of the operating-
    differential subsidy provided by this subsection (b), such sums as
    he shall determine to be necessary to make the cost of operating
    such vessel competitive with the cost of operating similar vessels
    under the registry of a foreign country. For any period during
    which a vessel cruises as authorized by section 613 of this Act,
    operating-differential subsidy shall be computed as though the
    vessel were operating on the essential service to which the vessel
    is assigned: Provided, however, That if the cruise vessel calls at
    a port or ports outside of its assigned service, but which is
    served with passenger vessels (as defined in section 613 of this
    Act) by another subsidized operator at an operating-differential
    subsidy rate for wages lower than the cruise vessel has on its
    assigned essential service, the operating-differential subsidy
    rates for each of the subsidizable items for each day (a fraction
    of a day to count as a day) that the vessel stops at such port
    shall be at the respective rates applicable to the subsidized
    operator regularly serving the area.
      "(c)(1) When used in this section - 
      "(A) The term 'collective bargaining costs' means the annual
    cost, calculated on the basis of the per diem rate of expense as of
    any date, of all items of expense required of the applicant through
    collective bargaining or other agreement, covering the employ of
    United States officers and crew of a vessel, including payments
    required by law to assure old-age pensions, unemployment benefits,
    or similar benefits and taxes or other governmental assessments on
    crew payrolls, but excluding subsistence of officers and crews on
    vessels other than passenger vessels as defined in section 613 of
    this Act and costs relating to:
        "(i) the officers or members of the crew that the Secretary of
      Transportation has found, prior to the award of a contract for
      the construction or reconstruction of a vessel, to be unnecessary
      for the efficient and economical operation of such vessel:
      Provided, That the Secretary of Transportation shall afford
      representatives of the collective-bargaining unit or units
      responsible for the manning of the vessel an opportunity to
      comment on such finding prior to the effective date of such
      finding: And provided further, That in determining whether
      officers or members of the crew are necessary for the efficient
      and economical operation of such vessel, the Secretary of
      Transportation shall give due consideration to, but shall not be
      bound by, wage and manning scales and working conditions required
      by a bona fide collective-bargaining agreement, or
        "(ii) those officers or members of the crew that the Secretary
      of Transportation has found, prior to ninety days following the
      date of enactment of this subsection [Oct. 21, 1970], to be
      unnecessary for the efficient and economical operation of the
      vessel.
      "(B) The term 'base period costs' means for the base period
    beginning July 1, 1970, and ending June 30, 1971, the collective-
    bargaining costs as of January 1, 1971, less all other items of
    cost that have been disallowed by the Secretary of Transportation
    prior to ninety days following the date of enactment of this
    subsection [Oct. 21, 1970], and not already excluded from
    collective-bargaining costs under subparagraph (A)(i) or (A)(ii) of
    this subsection. In any subsequent base period the term 'base
    period costs' means the average of the subsidizable wage cost of
    United States officers and crews for the preceding annual period
    ending June 30 (calculated without regard to the limitation of the
    last sentence of paragraph (D) of this subdivision but increased or
    decreased by the increase or decrease in the index described in
    subdivision (3) of this subsection from January 1 of such annual
    period to January 1 of the base period), and the collective-
    bargaining costs as of January 1 of the base period: Provided,
    That in no event shall the base period cost be such that the
    difference between the base period cost and the collective-
    bargaining costs as of January 1 of any base period subsequent to
    the first base period exceeds five-fourths of 1 per centum of the
    collective-bargaining costs as of such January 1 multiplied by the
    number of years that have elapsed since the most recent base
    period.
      "(C) The term 'base period' means any annual period beginning
    July 1, and ending June 30 with respect to which a base period cost
    is established.
      "(D) The term 'subsidizable wage costs of United States officers
    and crews' in any period other than a base period means the most
    recent base period costs increased or decreased by the increase or
    decrease from January 1 of such base period to January 1 of such
    period in the index described in subdivision (3) hereof, and with
    respect to a base period means the base period cost. The
    subsidizable wage costs of United States officers and crews in any
    period other than a base period shall not be less than 90 per
    centum of the collective-bargaining costs as of January 1 of such
    period nor greater than 110 per centum of such collective-
    bargaining costs.
      "(2) The Secretary of Transportation shall determine the
    collective-bargaining costs on ships in subsidized operation as of
    January 1, 1971, and as of each January 1 thereafter, and shall as
    of intervals of not less than two years nor more than four years,
    establish a new base period cost, except that the Secretary shall
    not establish a new base period unless he announces his intention
    to do so prior to the December 31 that would be included in the new
    base period.
      "(3) The Bureau of Labor Statistics shall compile the index
    referred to in subdivision (1). Such index shall consist of the
    average annual change in wages and benefits placed into effect for
    employees covered by collective-bargaining agreements with equal
    weight to be given to changes affecting employees in the
    transportation industry (excluding the offshore maritime industry)
    and to changes affecting employees in private nonagricultural
    industries other than transportation. Such index shall be based on
    the materials regularly used by the Bureau of Labor Statistics in
    compiling its regularly published statistical series on wage and
    benefit changes arrived at through collective bargaining. Such
    materials shall remain confidential and not be subject to
    disclosure.
      "(d) Each foreign wage cost computation shall be made after an
    opportunity is given to the contractor to submit in writing and in
    timely fashion all relevant data within his possession. In making
    the computation, the Secretary shall consider all relevant matter
    so presented and all foreign wage cost data collected at his
    request or on his behalf. Such foreign cost data shall be made
    available to an interested contractor, unless the Secretary shall
    find that disclosure of the data will prevent him from obtaining
    such data in the future. In determining foreign manning for
    purposes of this section, the foreign manning determined for any
    ship type with respect to any base period shall not be redetermined
    until the beginning of a new base period.
      "(e) The wage subsidy shall be payable monthly for the voyages
    completed during the month, upon the contractor's certification
    that the subsidized vessels were in authorized service during the
    month. The Secretary of Transportation shall prescribe procedures
    for the calculation and payment of subsidy on items of expense
    which are included in 'collective-bargaining costs' but are not
    included in the daily rate because they are unpredictably timed.
      "(f) Ninety percent of the amount of the insurance and
    maintenance and repair and subsistence of officers and crews
    subsidy shall be payable monthly for the voyages completed during
    the month on the basis of the subsidy estimated to have accrued
    with respect to such voyages. Any such payment shall be made only
    after there has been furnished to the Secretary of Transportation
    such security as he deems to be reasonable and necessary to assure
    refund of any overpayment. The contractor and the Secretary of
    Transportation shall audit the voyage accounts as soon as
    practicable after such payment. The remaining 10 percent of such
    subsidy shall be payable after such audit."
      (As amended Aug. 4, 1939, ch. 417, Sec. 8, 53 Stat. 1185; Pub. L.
    87-45, Sec. 4, May 27, 1961, 75 Stat. 91; Pub. L. 87-243, Sept. 14,
    1961, 75 Stat. 513; Pub. L. 91-469, Secs. 15-17, 35(a), (i), Oct.
    21, 1970, 84 Stat. 1023, 1024, 1035, 1036; Pub. L. 97-31, Sec.
    12(94), Aug. 6, 1981, 95 Stat. 161.)

                    ADDITIONAL SUBSIDY; WHEN AUTHORIZED                
      "Sec. 604. If in the case of any particular foreign-trade route
    the Secretary of Transportation shall find after consultation with
    the Secretary of State, that the subsidy provided for in this title
    is in any respect inadequate to offset the effect of governmental
    aid paid to foreign competitors, he may grant such additional
    subsidy as he determines to be necessary for that purpose."
      (As amended June 23, 1938, ch. 600, Sec. 21, 52 Stat. 959; Aug.
    4, 1939, ch. 417, Sec. 9, 53 Stat. 1185; Pub. L. 97-31, Sec.
    12(95), Aug. 6, 1981, 95 Stat. 162.)

                       VESSELS EXCLUDED FROM SUBSIDY                   
      "Sec. 605. (a) No operating-differential subsidy shall be paid
    for the operation of any vessel on a voyage on which it engages in
    coastwise or intercoastal trade: Provided, however, That such
    subsidy may be paid on a round-the-world voyage or a round voyage
    from the west coast of the United States to a European port or
    ports or a round voyage from the Atlantic coast to the Orient which
    includes intercoastal ports of the United States or a voyage in
    foreign trade on which the vessel may stop at the State of Hawaii,
    or an island possession or island territory of the United States,
    and if the subsidized vessel earns any gross revenue on the
    carriage of mail, passengers, or cargo by reason of such coastal or
    intercoastal trade the subsidy payment for the entire voyage shall
    be reduced by an amount which bears the same ratio to the subsidy
    otherwise payable as such gross revenue bears to the gross revenue
    derived from the entire voyage. No vessel operating on the inland
    waterways of the United States shall be considered for the purposes
    of this Act [former 46 U.S.C. App. 1101 et seq., see Disposition
    Table preceding section 101 of this title] to be operating in
    foreign trade.
      "(b) No operating-differential subsidy shall be paid for the
    operation of a vessel after the calendar year the vessel becomes 25
    years of age, unless the Secretary of Transportation has
    determined, before the date of enactment of the Maritime Security
    Act of 1996 [Oct. 8, 1996], that it is in the public interest to
    grant such financial aid for the operation of such vessel.
      "(c) No contract shall be made under this title with respect to a
    vessel to be operated in an essential service served by citizens of
    the United States which would be in addition to the existing
    service, or services, unless the Secretary of Transportation shall
    determine after proper hearing of all parties that the service
    already provided by vessels of United States registry is
    inadequate, and that in the accomplishment of the purposes and
    policy of this Act additional vessels should be operated thereon;
    and no contract shall be made with respect to a vessel operated or
    to be operated in an essential service served by two or more
    citizens of the United States with vessels of United States
    registry, if the Secretary of Transportation shall determine the
    effect of such a contract would be to give undue advantage or be
    unduly prejudicial, as between citizens of the United States, in
    the operation of vessels in such essential service unless following
    public hearing, due notice of which shall be given to each operator
    serving such essential service, the Secretary of Transportation
    shall find that it is necessary to enter into such contract in
    order to provide adequate service by vessels of United States
    registry. The Secretary of Transportation in determining for the
    purposes of this section whether services are competitive, shall
    take into consideration the type, size, and speed of the vessels
    employed, whether passenger or cargo, or combination passenger and
    cargo, vessels, the ports or ranges between which they run, the
    character of cargo carried, and such other facts as he may deem
    proper."
      (As amended July 17, 1952, ch. 939, Sec. 15, 66 Stat. 764; Pub.
    L. 86-3, Sec. 18(b)(2), Mar. 18, 1959, 73 Stat. 12; Pub. L. 86-518,
    Sec. 1, June 12, 1960, 74 Stat. 216; Pub. L. 89-348, Sec. 1(9),
    Nov. 8, 1965, 79 Stat. 1310; Pub. L. 91-469, Secs. 18, 19, 26(b),
    35(a), (j), Oct. 21, 1970, 84 Stat. 1025, 1026, 1034-1036; Pub. L.
    97-31, Sec. 12(96), Aug. 6, 1981, 95 Stat. 162; Pub. L. 104-239,
    Sec. 3(a), Oct. 8, 1996, 110 Stat. 3126.)

    READJUSTMENTS; CHANGE IN SERVICE; WITHDRAWAL FROM SERVICE; PAYMENT
            OF EXCESS PROFITS; WAGES, ETC.; AMERICAN MATERIALS
      "Sec. 606. Every contract for an operating-differential subsidy
    under this title shall provide (1) that the amount of the future
    payments to the contractor shall be subject to review and
    readjustment from time to time, but not more frequently than once a
    year, at the instance of the Secretary of Transportation or of the
    contractor. If any such readjustment cannot be reached by mutual
    agreement, the Secretary of Transportation, on his own motion or on
    the application of the contractor, shall, after a proper hearing,
    determine the facts and make such readjustment in the amount of
    such future payments as he may determine to be fair and reasonable
    and in the public interest. The testimony in every such proceeding
    shall be reduced to writing and filed in the office of the
    Secretary of Transportation. His decision shall be based upon and
    governed by the changes which may have occurred since the date of
    the said contract, with respect to the items theretofore considered
    and on which such contract was based, and other conditions
    affecting shipping, and shall be promulgated in a formal order,
    which shall be accompanied by a report in writing in which the
    Secretary of Transportation shall state his findings of fact; (2)
    that the compensation to be paid under it shall be reduced, under
    such terms and in such amounts as the Secretary of Transportation
    shall determine, for any periods in which the vessel or vessels are
    laid up; (3) that if the Secretary of Transportation shall
    determine that a change in an essential service, which is receiving
    an operating-differential subsidy under this title, is necessary in
    the accomplishment of the purposes of this Act [former 46 U.S.C.
    App. 1101 et seq., see Disposition Table preceding section 101 of
    this title], it may make such change upon such readjustment of
    payments to the contractor as shall be arrived at by the method
    prescribed in clause (1) of these conditions; (4) that if at any
    time the contractor receiving an operating-differential subsidy
    claims that he cannot maintain and operate his vessels in such an
    essential service, with a reasonable profit upon his investment,
    and applies to the Secretary of Transportation for a modification
    or rescission of his contract to maintain such essential service,
    and the Secretary of Transportation determines that such claim is
    proved the Secretary of Transportation shall modify or rescind such
    contract and permit the contractor to withdraw such vessels from
    such essential service upon a date fixed by the Secretary of
    Transportation, and upon the date of such withdrawal the further
    payment of the operating differential subsidy shall cease and the
    contractor be discharged from any further obligation under such
    contract; (5) that the contractor shall conduct his operations with
    respect to essential services and any services authorized under
    section 613 of this title, covered by his contract in an economical
    and efficient manner, and (6) that whenever practicable, an
    operator who receives subsidy with respect to subsistence of
    officers and crews shall use as such subsistence items only
    articles, materials, and supplies of the growth, production, and
    manufacture of the United States, as defined in section 505 herein
    [set out above], except when it is necessary to purchase supplies
    outside the United States to enable such vessel to continue and
    complete her voyage, and an operator who receives subsidy with
    respect to repairs shall perform such repairs within any of the
    United States or the Commonwealth of Puerto Rico, except in an
    emergency."
      (As amended June 23, 1938, ch. 600, Sec. 22, 52 Stat. 960; July
    17, 1952, ch. 939, Sec. 16, 66 Stat. 764; May 10, 1956, ch. 247,
    Sec. 1, 70 Stat. 148; Pub. L. 86-624, Sec. 35(b), July 12, 1960, 74
    Stat. 421; Pub. L. 87-45, Sec. 5, May 27, 1961, 75 Stat. 91; Pub.
    L. 91-469, Secs. 20, 35(a), (k), Oct. 21, 1970, 84 Stat. 1026,
    1035, 1036; Pub. L. 97-31, Sec. 12(96), Aug. 6, 1981, 95 Stat.
    162.)

                         CAPITAL CONSTRUCTION FUND                     
      [Section 607 was classified to section 1177 of the former
    Appendix to this title and was primarily repealed and restated as
    chapter 535 of this title by Pub. L. 109-304, Secs. 8(c), 19, Oct.
    6, 2006, 120 Stat. 1586, 1710. For disposition of sections of the
    former Appendix to this title, see Disposition Table preceding
    section 101 of this title.]

      SALE OR ASSIGNMENT OF CONTRACT; CONSENT OF SECRETARY; PURCHASER
       SUBJECT TO TERMS OF CONTRACT; RESCINDING CONTRACT ON TRANSFER
                              WITHOUT CONSENT
      "Sec. 608. No contract executed under this title or any interest
    therein shall be sold, assigned, or transferred, either directly or
    indirectly, or through any reorganization, merger, or
    consolidation, nor shall any agreement or arrangement be made by
    the holder whereby the maintenance, management, or operation of the
    service, route, line, vessel, or vessels is to be performed by any
    other person, without the written consent of the Secretary of
    Transportation. If he consents to such agreement or arrangement,
    the agreement or arrangement shall make provision whereby the
    person undertaking such maintenance, management, or operation
    agrees to be bound by all of the provisions of the contract and of
    this Act [former 46 U.S.C. App. 1101 et seq., see Disposition Table
    preceding section 101 of this title] applicable thereto, and the
    rules and regulations prescribed pursuant to this Act. If the
    holder of any such contract shall voluntarily sell such contract or
    any interest therein, or make such assignment, transfer, agreement,
    or arrangement whereby the maintenance, management, or operation of
    the service, route, line, vessel, or vessels is to be performed by
    any other person, without the consent of the Secretary of
    Transportation, or if the operation of the service, route, line, or
    vessel, shall pass out of the direct control of the holder of such
    contract by reason of any voluntary or involuntary receivership or
    bankruptcy proceedings, the Secretary of Transportation shall have
    the right to modify or rescind such contract, without further
    liability thereon by the United States, and is vested with
    exclusive jurisdiction to determine the purposes for which any
    payments made by him under such contract shall be expended."
      (As amended Pub. L. 97-31, Sec. 12(98), Aug. 6, 1981, 95 Stat.
    162.)

               WITHHOLDING PAYMENT TO DEFAULTING CONTRACTOR           
      "Sec. 609. The Secretary of Transportation shall withhold the
    payment of operating-differential subsidy while any contractor
    therefor is in default in any payments due on account of
    construction-loan, ship-sales mortgage notes, or any other
    obligation due the United States, and shall apply the amount so
    withheld to the satisfaction of such debt."
      (As amended June 23, 1938, ch. 600, Sec. 29, 52 Stat. 961; Pub.
    L. 97-31, Sec. 12(99), Aug. 6, 1981, 95 Stat. 162.)

                       VESSELS ELIGIBLE FOR SUBSIDY                   
      "Sec. 610. An operating-differential subsidy shall not be paid
    under authority of this title on account of the operation of any
    vessel which does not meet the following requirements: (1) The
    vessel shall be of steel or other acceptable metal, shall be
    propelled by steam or motor, shall be as nearly fireproof as
    practicable, shall be built in a domestic yard or shall have been
    documented under the laws of the United States not later than
    February 1, 1928, or actually ordered and under construction for
    the account of citizens of the United States prior to such date,
    and shall be documented under the laws of the United States, during
    the entire life of the subsidy contract; and (2) if the vessel
    shall be constructed after June 29, 1936 it shall be either a
    vessel constructed according to plans and specifications approved
    by the Secretary of Transportation and the Secretary of the Navy,
    with particular reference to economical conversion into an
    auxiliary naval vessel, or a vessel approved by the Secretary of
    Transportation and the Navy Department as otherwise useful to the
    United States in time of national emergency."
      (As amended Pub. L. 97-31, Sec. 12(99), Aug. 6, 1981, 95 Stat.
    162.)

    TRANSFER OF VESSELS TO FOREIGN REGISTRY ON DEFAULT OF UNITED STATES
      "Sec. 611. (a) The contractor, upon compliance with the
    provisions of this section, may transfer to foreign registry the
    vessels covered by any operating-differential subsidy contract held
    by him, in the event that the United States defaults upon such
    contract or cancels it without just cause. Any contractor desiring
    to transfer any such vessel to foreign registry upon such default
    or cancelation shall file an application in writing with the
    Secretary of Transportation setting forth its contentions with
    respect to the lack of just cause or lawful grounds for such
    default or cancelation. The Secretary of Transportation shall
    afford the contractor an opportunity for a hearing within twenty
    days after such contractor files written application therefor, and
    after the testimony, if any, in such hearing has been reduced to
    writing and filed with the Secretary of Transportation, he shall,
    within a reasonable time, grant or deny the application by order.
      "(b) If any such application is denied, the contractor may obtain
    a review of the order of denial in the United States Court of
    Appeals for the District of Columbia, by filing in such court,
    within twenty days after the entry of such order, a written
    petition praying that the order of the Secretary of Transportation
    be set aside. A copy of such petition shall be forthwith
    transmitted by the clerk of the court to the Secretary of
    Transportation or any officer designated by him for that purpose,
    and thereupon the Secretary of Transportation shall file in the
    court the record upon which the order complained of was entered, as
    provided in section 2112 of title 28, United States Code. Upon the
    filing of such petition such court shall have exclusive
    jurisdiction to determine whether such cancelation or default was
    without just cause, and to affirm or set aside such order. The
    judgment and decree of the court affirming or setting aside any
    such order of the Secretary of Transportation shall be final.
      "(c) No transfer of vessels to foreign registry under this
    section shall become effective until any indebtedness to the
    Government or to any citizen of the United States, secured by such
    vessels, has been paid or discharged, and until after the
    expiration of ninety days from the date of final determination of
    the application or the appeal, if any. Within such ninety-day
    period the Secretary of Transportation may (1) with the consent of
    the contractor purchase the vessels at cost to the contractor plus
    cost of capital improvements thereon, less 4 per centum annual
    depreciation upon such vessel, and the actual depreciated costs of
    capital improvements thereon, or (2) reinstate the contract and
    adjust or settle the default found by the Secretary of
    Transportation or the court to exist."
      (As added June 23, 1938, ch. 600, Sec. 30, 52 Stat. 961; and
    amended Pub. L. 85-791, Sec. 17, Aug. 28, 1958, 72 Stat. 947; Pub.
    L. 86-518, Sec. 4, June 12, 1960, 74 Stat. 216; Pub. L. 97-31, Sec.
    12(100), Aug. 6, 1981, 95 Stat. 162.)

      SUBORDINATION OF SECRETARY'S INTEREST TO RECONSTRUCTION FINANCE
                                CORPORATION
      [Section 612 was classified to section 1182 of the former
    Appendix to this title and was repealed by Pub. L. 101-225, title
    III, Sec. 307(7), Dec. 12, 1989, 103 Stat. 1925.]

                  OFF-SEASON CRUISES BY PASSENGER VESSELS              
      "Sec. 613. (a) In this section, 'passenger vessel' means a vessel
    which (1) is of not less than ten thousand gross tons, and (2) has
    accommodations for not less than one hundred passengers.
      "(b) If the Secretary of Transportation finds that the operation
    of any passenger vessel with respect to which a contract for the
    payment of an operating-differential subsidy has been entered into
    under section 603 of this title effective before January 2, 1960,
    is not required for all of each year, in order to furnish adequate
    service on the service, route, or line covered by such contract, he
    may amend such contract to agree to pay an operating-differential
    subsidy for operation of the vessel (1) on such service, route, or
    line for some part or no part of each year, and (2) on cruises for
    all or part of each year if such specific cruise is approved by the
    Secretary of Transportation under subsection (e) of this section:
    Provided, however, That no such vessel may cruise for more than
    seven months of each year to ports which are regularly served by
    another United States-flag passenger vessel pursuant to an
    operating-differential subsidy contract.
      "(c) The Secretary of Transportation may authorize passenger
    vessels under operating-differential subsidy contracts to provide
    domestic service between specified ports while the vessels are on
    voyages in an essential service in the foreign commerce of the
    United States without reduction of operating-differential subsidy
    and the partial payback of construction-differential subsidy for
    operating in the domestic trades, if he finds that such domestic
    service will not result in a substantial deviation from the
    service, route, or line for which operating-differential subsidy is
    paid and will not adversely affect service on such service, route,
    or line.
      "(d) When a vessel is being operated on cruises or has been
    authorized under this section to provide domestic passenger
    services while on voyages in an essential service in foreign
    commerce of the United States - 
        "(1) except as provided in subdivision (4) of this subsection,
      it shall carry no mail unless required by law, or cargo except
      passengers' luggage, except between those ports between which it
      may carry mail and cargo on its regular service assigned by
      contract;
        "(2) it may not carry one-way passengers between those ports
      served by another United States carrier on its regular service
      assigned by contract, without the consent of such carrier, except
      between those ports between which it may carry one-way passengers
      on its own regular service assigned by contract;
        "(3) it shall stop at other domestic ports only for the same
      time and the same purpose as is permitted with respect to a
      foreign-flag vessel which is carrying passengers who embarked at
      a domestic port, except that a cruise may end at a different port
      or coast from that where it began and may embark or disembark
      passengers at other domestic ports, either when not involving
      transportation in the domestic offshore trade in competition with
      a United States-flag passenger vessel offering berth service
      therein, or, if involving such transportation, with the consent
      of such carrier: Provided, however, That nothing herein shall be
      construed to repeal or modify section 805(a) of this Act [now 46
      U.S.C. 58101].
        "(4) Any other provisions of the Merchant Marine Act, 1936
      [former 46 U.S.C. App. 1101 et seq., see Disposition Table
      preceding section 101 of this title] or of the Shipping Act, 1916
      [former 46 U.S.C. App. 801 et seq., see Disposition Table
      preceding section 101 of this title], to the contrary
      notwithstanding, with the approval of the Secretary of
      Transportation, it may carry cargo and mail between ports to the
      extent such carriage is not in direct competition with a carrier
      offering United States-flag berth service between those ports,
      or, if such carriage is in direct competition with one or more
      carriers offering United States-flag berth service between such
      ports, with the consent of the next scheduled United States-flag
      carrier, which consent shall not be unreasonably withheld in the
      judgment of the Maritime Administrator.
    "Section 605(c) of this Act shall not apply to cruises authorized
    under this section. Notwithstanding the applicable provisions of
    sections 605(a) and 506 [set out above] of this Act requiring the
    reduction of operating differential subsidy and the partial payback
    of construction differential subsidy for operating in the domestic
    trades, such reduction of operating subsidy and partial payback of
    construction subsidy under sections 605(a) and 506, respectively,
    shall not apply to cruises or domestic services authorized under
    this section.
      "(e) Upon the application of any operator for approval of a
    specific cruise, the Secretary of Transportation, after notice to
    all other American flag operators who may be affected and after
    affording all such operators an opportunity to submit written data,
    views or arguments, with or without opportunity to present the same
    orally in any manner, and after consideration of all relevant
    matter presented, shall approve the proposed cruise, if he
    determines that the proposed cruise will not substantially
    adversely affect an existing operator's service performed with
    passenger vessels of United States registry. Such approval shall
    not be given more than two years in advance of the beginning of the
    cruise."
      (As added Pub. L. 87-45, Sec. 1, May 27, 1961, 75 Stat. 89; and
    amended Pub. L. 90-358, Secs. 1, 2, June 22, 1968, 82 Stat. 248;
    Pub. L. 91-250, May 14, 1970, 84 Stat. 215; Pub. L. 92-323, June
    30, 1972, 86 Stat. 389; Pub. L. 97-31, Sec. 12(102), Aug. 6, 1981,
    95 Stat. 162.)

    SUSPENSION OF OPERATING DIFFERENTIAL SUBSIDY CONTRACTS BY OPERATOR
                                RECIPIENTS
      "Sec. 614. (a) Any operator receiving operating differential
    subsidy funds may elect, for all or a portion of its ships, to
    suspend its operating differential subsidy contract with all
    attendant statutory and contractual restrictions, except as to
    those pertaining to the domestic intercoastal or coastwise service,
    including any agreement providing for the replacement of vessels,
    if - 
        "(1) the vessel is less than ten years of age;
        "(2) the suspension period is not less than twelve months;
        "(3) the operator's financial condition is maintained at a
      level acceptable to the Secretary of Commerce; and
        "(4) the owner agrees to pay to the Secretary, upon such terms
      and conditions as he may prescribe, an amount which bears the
      same proportion to the construction differential subsidy paid by
      the Secretary as the portion of the suspension period during
      which the vessel is operated in any preference trade from which a
      subsidized vessel would otherwise be excluded by law or contract
      bears to the entire economic life of the vessel.
      "(b) Any operator making an election under this section is
    entitled to full reinstatement of the suspended contract on
    request. The Secretary of Commerce may prescribe rules and
    regulations consistent with the purpose of this section."
      (As added Pub. L. 97-35, title XVI, Sec. 1603, Aug. 13, 1981, 95
    Stat. 751.)

     CONSTRUCTION, RECONSTRUCTION, OR ACQUISITION OF VESSELS OVER FIVE
       THOUSAND DEADWEIGHT TONS IN FOREIGN SHIPYARDS; PRECONDITIONS
      "Sec. 615. (a) The Secretary of Commerce may, until September 30,
    1983, authorize an operator receiving or applying for operating
    differential subsidy under this title to construct, reconstruct, or
    acquire its vessels of over five thousand deadweight tons in a
    foreign shipyard if the Secretary finds and certifies in writing
    that such operator's application for construction differential
    subsidy cannot be approved due to the unavailability of funds in
    the construction differential subsidy account. Vessels constructed,
    reconstructed, or modified pursuant to this section shall be deemed
    to have been United States built for the purposes of this title,
    section 901(b) of this Act [now 46 U.S.C. 55305], and section 5(7)
    of the Port and Tanker Safety Act of 1978 (46 U.S.C. 391(a)(7)
    [391a(7)]) [now 46 U.S.C. 3704-3709]: Provided, That the provisions
    of section 607 of this Act shall not apply to vessels constructed,
    reconstructed, modified, or acquired pursuant to this section.
      "(b) The provisions of this section shall be effective for fiscal
    year 1983 only if the President in his annual budget message for
    that year requests at least $100,000,000 in construction
    differential subsidy or proposes an alternate program that would
    create equivalent merchant shipbuilding activity in privately owned
    United States shipyards and the Secretary reports to Congress on
    the effect such action will have on the shipyard mobilization base
    at least thirty days prior to making the certification referred to
    in subsection (a)."
      (As added Pub. L. 97-35, title XVI, Sec. 1610, Aug. 13, 1981, 95
    Stat. 753.)

                            WIND-UP OF PROGRAM                        
      "Sec. 616. (a) After the date of enactment of the Maritime
    Security Act of 1996 [Oct. 8, 1996], the Secretary of
    Transportation shall not enter into any new contract for operating-
    differential subsidy under this subtitle.
      "(b) Notwithstanding any other provision of this Act [former 46
    U.S.C. App. 1101 et seq., see Disposition Table preceding section
    101 of this title], any operating-differential subsidy contract in
    effect under this title on the day before the date of enactment of
    the Maritime Security Act of 1996 [Oct. 8, 1996], shall continue in
    effect and terminate as set forth in the contract, unless
    voluntarily terminated at an earlier date by the parties (other
    than the United States Government) to the contract.
      "(c) The essential service requirements of section[s] 601(a) and
    603(b), and the provisions of sections 605(c) and 809(a) [set out
    as a note below], shall not apply to the operating-differential
    subsidy program under this subtitle effective upon the earlier of -
    
        "(1) the date that a payment is made, under the Maritime
      Security Program established by subtitle B [former 46 U.S.C. App.
      1187 et seq.] to a contractor under that subtitle who is not
      party to an operating-differential subsidy contract under this
      subtitle, with the Secretary to cause notice of the date of such
      payment to be published in the Federal Register as soon as
      possible; or
        "(2) with respect to a particular contractor under the
      operating-differential subsidy program, the date that contractor
      enters into a contract with the Secretary under the Maritime
      Security Program established by subtitle B.
      "(d)(1) Notwithstanding any other provision of law, a vessel may
    be transferred and registered under an effective United States-
    controlled foreign flag if - 
        "(A) the operator of the vessel receives an operating-
      differential subsidy pursuant to a contract under this subtitle
      which is in force on October 1, 1994, and the Secretary approves
      the replacement of such vessel with a comparable vessel, or
        "(B) the vessel is covered by an operating agreement under
      subtitle B, and the Secretary approves the replacement of such
      vessel with a comparable vessel for inclusion in the Maritime
      Security Fleet established under subtitle B.
      "(2) Any such vessel may be requisitioned by the Secretary of
    Transportation pursuant to section 902 [now 46 U.S.C. 56301 et
    seq.]."
      (As added Pub. L. 104-239, Sec. 3(b), Oct. 8, 1996, 110 Stat.
    3127.)
      [Title VI of act June 29, 1936, ch. 858, comprising this note,
    consisted of sections 601 to 611 and 613 to 616 which were
    classified to sections 1171 to 1181 and 1183 to 1185a,
    respectively, of the former Appendix to this title, prior to the
    enactment of Pub. L. 109-304 and elimination of that Appendix. For
    complete disposition of those sections, see Disposition Table
    preceding section 101 of this title.]

                            CONTRACT PROVISIONS                        
      Act June 29, 1936, ch. 858, title VIII, Secs. 801, 802, 809, 49
    Stat. 2011, 2015, as amended, provided as follows:

    PROVISION FOR BOOKS AND RECORDS; FILING BALANCE SHEETS; INSPECTION
      AND AUDITING BY SECRETARY; RESCISSION OF CONTRACT ON FAILURE TO
                          COMPLY WITH PROVISIONS
      "Sec. 801. Every contract executed by the Secretary of
    Transportation under the provisions of title VI or VII of this Act
    [former 46 U.S.C. App. 1171 et seq., 1191 et seq., see Disposition
    Table preceding section 101 of this title] shall contain provisions
    requiring (1) that, the contractor and every affiliate, domestic
    agent, subsidiary, or holding company connected with, or directly
    or indirectly controlling or controlled by, the contractor, to keep
    its books, records, and accounts, relating to the maintenance,
    operation, and servicing of the vessels, services, routes, and
    lines covered by the contract, in such form and under such
    regulations as may be prescribed by the Secretary of
    Transportation: Provided, That the provisions of this paragraph
    shall not require the duplication of books, records, and accounts
    required to be kept in some other form by the Interstate Commerce
    Commission; (2) that the contractor and every affiliate, domestic
    agent, subsidiary, or holding company connected with, or directly
    or indirectly controlling or controlled by, the contractor, to
    file, upon notice from the Secretary of Transportation, balance
    sheets, profit and loss statements, and such other statements of
    financial operations, special report, memoranda of any facts and
    transactions, which in the opinion of the Secretary of
    Transportation affect the financial results in, the performance of,
    or transactions or operations under, such contract; (3) that the
    Secretary of Transportation shall be authorized to examine and
    audit the books, records, and accounts of all persons referred to
    in this section whenever he may deem it necessary or desirable; and
    (4) that upon the willful failure or refusal of any person
    described in this section to comply with the contract provisions
    required by this section, the Secretary of Transportation shall
    have the right to rescind the contract, and upon such rescission,
    the United States shall be relieved of all further liability on
    such contract."
      (As amended Pub. L. 97-31, Sec. 12(119), Aug. 6, 1981, 95 Stat.
    164.)

      PURCHASE OR REQUISITION OF VESSELS BY UNITED STATES; AMOUNT OF
                                  PAYMENT
      "Sec. 802. Every contract executed by the Secretary of
    Transportation under authority of title V of this Act [former 46
    U.S.C. App. 1151 et seq., see Disposition Table preceding section
    101 of this title] shall provide that - 
      "In the event the United States shall, through purchase or
    requisition, acquire ownership of the vessel or vessels on which a
    construction-differential subsidy was paid, the owner shall be paid
    therefor the value thereof, but in no event shall such payment
    exceed the actual depreciated construction cost thereof (together
    with the actual depreciated cost of capital improvements thereon,
    but excluding the cost of national-defense features) less the
    depreciated amount of construction-differential subsidy theretofore
    paid incident to the construction or reconditioning of such vessel
    or vessels, or the fair and reasonable scrap value of such vessel
    as determined by the Secretary of Transportation, whichever is the
    greater. Such determination shall be final. In computing the
    depreciated value of such vessel, depreciation shall be computed on
    each vessel on the schedule adopted by the Bureau of Internal
    Revenue [Internal Revenue Service] for income-tax purposes.
      "The foregoing provision respecting the requisition or the
    acquisition of ownership by the United States shall run with the
    title to such vessel or vessels and be binding on all owners
    thereof."
      (As amended June 29, 1936, ch. 858, title VIII, Sec. 802, 49
    Stat. 2011; June 23, 1938, ch. 600, Sec. 33, 52 Stat. 962; Aug. 7,
    1939, ch. 555, Sec. 2, 53 Stat. 1254; Pub. L. 97-31, Sec. 12(120),
    Aug. 6, 1981, 95 Stat. 164.)

     CONTRACTS DESIGNED EQUITABLY FOR ALL PORTS; MINIMUM ALLOCATION OF
    FUNDS; REPORT TO CONGRESS; PREFERENCE TO CITIZENS OF UNITED STATES
      "Sec. 809. (a) Contracts under this Act [former 46 U.S.C. App.
    1101 et seq., see Disposition Table preceding section 101 of this
    title] shall be entered into so as to equitably serve, insofar as
    possible, the foreign-trade requirements of the Atlantic, Gulf,
    Great Lakes, and Pacific ports of the United States. In order to
    assure equitable treatment for each range of ports referred to in
    the preceding sentence, not less than 10 percent of the funds
    appropriated for construction-differential subsidy and operating-
    differential subsidy pursuant to this Act or any law authorizing
    funds for the purposes of this Act shall be allocated to each such
    port range: Provided, however, That such allocation shall apply to
    the extent that subsidy contracts are approved by the Secretary of
    Transportation. For the purposes of this section, the Secretary
    shall establish trade routes, services, or lines that take into
    account the seasonal closure of the Saint Lawrence Seaway and
    provide for alternate routing of ships via a different range of
    ports during that closure so as to maintain continuity of service
    on a year-round basis. For the purposes of section 605(c) [set out
    above], such an alternate routing via a different range of ports
    shall be deemed to be service from Great Lakes ports, provided such
    alternative routing is based upon receipt or delivery of cargo at
    Great Lakes-Saint Lawrence Seaway ports under through intermodal
    bills of lading. The Secretary shall include in the annual report
    pursuant to section 208 of this Act [former 46 U.S.C. App. 1118,
    see 46 U.S.C. 50111(a)] a detailed report (1) describing the
    actions that have been taken pursuant to this Act to assure insofar
    as possible that direct and adequate service is provided by United
    States-flag commercial vessels to each range of ports referred to
    in this section; and (2) including any recommendations for
    additional legislation that may be necessary to achieve the purpose
    of this section. In awarding contracts under this Act, preference
    shall be given to persons who are citizens of the United States and
    who have the support, financial and otherwise, of the domestic
    communities primarily interested.
      "(b) [Repealed. Pub. L. 109-304, Sec. 19, Oct. 6, 2006, 120 Stat.
    1710.]"
      (As amended Pub. L. 91-469, Sec. 26(a), Oct. 21, 1970, 84 Stat.
    1034; Pub. L. 94-10, Sec. 3, Mar. 23, 1975, 89 Stat. 16; Pub. L. 94-
    127, Sec. 4, Nov. 13, 1975, 89 Stat. 680; Pub. L. 96-470, title
    II, Sec. 201(a), Oct. 19, 1980, 94 Stat. 2241; Pub. L. 97-31, Sec.
    12(121), Aug. 6, 1981, 95 Stat. 164; Pub. L. 97-35, title XVI, Sec.
    1604, Aug. 13, 1981, 95 Stat. 751; Pub. L. 109-304, Secs. 14(b),
    19, Oct. 6, 2006, 120 Stat. 1702, 1710.)

                  ENROLLMENT IN SEALIFT READINESS PROGRAM              
      Act June 29, 1936, ch. 858, title IX, Sec. 909, as added by Pub.
    L. 97-35, title XVI, Sec. 1605, Aug. 13, 1981, 95 Stat. 752,
    provided that: "No vessel may receive construction differential
    subsidy or operating differential subsidy if it is not offered for
    enrollment in a sealift readiness program approved by the Secretary
    of Defense."

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    46 USC Sec. 53102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 531 - MARITIME SECURITY FLEET

-HEAD-
    Sec. 53102. Establishment of Maritime Security Fleet

-STATUTE-
      (a) In General. - The Secretary of Transportation, in
    consultation with the Secretary of Defense, shall establish a fleet
    of active, commercially viable, militarily useful, privately owned
    vessels to meet national defense and other security requirements
    and maintain a United States presence in international commercial
    shipping. The Fleet shall consist of privately owned, United States-
    documented vessels for which there are in effect operating
    agreements under this chapter, and shall be known as the Maritime
    Security Fleet.
      (b) Vessel Eligibility. - A vessel is eligible to be included in
    the Fleet if - 
        (1) the vessel meets the requirements of paragraph (1), (2),
      (3), or (4) of subsection (c);
        (2) the vessel is operated (or in the case of a vessel to be
      constructed, will be operated) in providing transportation in
      foreign commerce;
        (3) the vessel is self-propelled and is - 
          (A) a roll-on/roll-off vessel with a carrying capacity of at
        least 80,000 square feet or 500 twenty-foot equivalent units
        and that is 15 years of age or less on the date the vessel is
        included in the Fleet;
          (B) a tank vessel that is constructed in the United States
        after the date of the enactment of this chapter;
          (C) a tank vessel that is 10 years of age or less on the date
        the vessel is included in the Fleet;
          (D) a LASH vessel that is 25 years of age or less on the date
        the vessel is included in the Fleet; or
          (E) any other type of vessel that is 15 years of age or less
        on the date the vessel is included in the Fleet;

        (4) the vessel is - 
          (A) determined by the Secretary of Defense to be suitable for
        use by the United States for national defense or military
        purposes in time of war or national emergency; and
          (B) determined by the Secretary to be commercially viable;
        and

        (5) the vessel - 
          (A) is a United States-documented vessel; or
          (B) is not a United States-documented vessel, but - 
            (i) the owner of the vessel has demonstrated an intent to
          have the vessel documented under chapter 121 of this title if
          it is included in the Fleet; and
            (ii) at the time an operating agreement for the vessel is
          entered into under this chapter, the vessel is eligible for
          documentation under chapter 121 of this title.

      (c) Requirements Regarding Citizenship of Owners, Charterers, and
    Operators. - 
        (1) Vessel owned and operated by section 50501 citizens. - A
      vessel meets the requirements of this paragraph if, during the
      period of an operating agreement under this chapter that applies
      to the vessel, the vessel will be owned and operated by one or
      more persons that are citizens of the United States under section
      50501 of this title.
        (2) Vessel owned by section 50501 citizen or united states
      citizen trust, and chartered to documentation citizen. - A vessel
      meets the requirements of this paragraph if - 
          (A) during the period of an operating agreement under this
        chapter that applies to the vessel, the vessel will be - 
            (i) owned by a person that is a citizen of the United
          States under section 50501 of this title or that is a United
          States citizen trust; and
            (ii) demise chartered to a person - 
              (I) that is eligible to document the vessel under chapter
            121 of this title;
              (II) the chairman of the board of directors, chief
            executive officer, and a majority of the members of the
            board of directors of which are citizens of the United
            States under section 50501 of this title, and are appointed
            and subjected to removal only upon approval by the
            Secretary; and
              (III) that certifies to the Secretary that there are no
            treaties, statutes, regulations, or other laws that would
            prohibit the contractor for the vessel from performing its
            obligations under an operating agreement under this
            chapter;

          (B) in the case of a vessel that will be demise chartered to
        a person that is owned or controlled by another person that is
        not a citizen of the United States under section 50501 of this
        title, the other person enters into an agreement with the
        Secretary not to influence the operation of the vessel in a
        manner that will adversely affect the interests of the United
        States; and
          (C) the Secretary and the Secretary of Defense notify the
        Committee on Armed Services and the Committee on Commerce,
        Science, and Transportation of the Senate and the Committee on
        Armed Services of the House of Representatives that they concur
        with the certification required under subparagraph
        (A)(ii)(III), and have reviewed and agree that there are no
        other legal, operational, or other impediments that would
        prohibit the contractor for the vessel from performing its
        obligations under an operating agreement under this chapter.

        (3) Vessel owned and operated by defense contractor. - A vessel
      meets the requirements of this paragraph if - 
          (A) during the period of an operating agreement under this
        chapter that applies to the vessel, the vessel will be owned
        and operated by a person that - 
            (i) is eligible to document a vessel under chapter 121 of
          this title;
            (ii) operates or manages other United States-documented
          vessels for the Secretary of Defense, or charters other
          vessels to the Secretary of Defense;
            (iii) has entered into a special security agreement for
          purposes of this paragraph with the Secretary of Defense;
            (iv) makes the certification described in paragraph
          (2)(A)(ii)(III); and
            (v) in the case of a vessel described in paragraph (2)(B),
          enters into an agreement referred to in that paragraph; and

          (B) the Secretary and the Secretary of Defense notify the
        Committee on Armed Services and the Committee on Commerce,
        Science, and Transportation of the Senate and the Committee on
        Armed Services of the House of Representatives that they concur
        with the certification required under subparagraph (A)(iv), and
        have reviewed and agree that there are no other legal,
        operational, or other impediments that would prohibit the
        contractor for the vessel from performing its obligations under
        an operating agreement under this chapter.

        (4) Vessel owned by documentation citizen and chartered to
      section 50501 citizen. - A vessel meets the requirements of this
      paragraph if, during the period of an operating agreement under
      this chapter that applies to the vessel, the vessel will be - 
          (A) owned by a person that is eligible to document a vessel
        under chapter 121 of this title; and
          (B) demise chartered to a person that is a citizen of the
        United States under section 50501 of this title.

      (d) Request by Secretary of Defense. - The Secretary of Defense
    shall request the Secretary of Homeland Security to issue any
    waiver under section 501 of this title that is necessary for
    purposes of this chapter.
      (e) Vessel Standards. - 
        (1) Certificate of inspection. - A vessel used to provide
      oceangoing transportation which the Secretary of the department
      in which the Coast Guard is operating determines meets the
      criteria of subsection (b) of this section but which, on the date
      of enactment of the Maritime Security Act of 2003, is not
      documented under chapter 121 of this title, shall be eligible for
      a certificate of inspection if the Secretary determines that - 
          (A) the vessel is classed by and designed in accordance with
        the rules of the American Bureau of Shipping, or another
        classification society accepted by the Secretary;
          (B) the vessel complies with applicable international
        agreements and associated guidelines, as determined by the
        country in which the vessel was documented immediately before
        becoming documented under chapter 121; and
          (C) that country has not been identified by the Secretary as
        inadequately enforcing international vessel regulations as to
        that vessel.

        (2) Continued eligibility for certificate. - Paragraph (1) does
      not apply to a vessel after any date on which the vessel fails to
      comply with the applicable international agreements and
      associated guidelines referred to in paragraph (1)(B).
        (3) Reliance on classification society. - 
          (A) In general. - The Secretary may rely on a certification
        from the American Bureau of Shipping or, subject to
        subparagraph (B), another classification society accepted by
        the Secretary to establish that a vessel is in compliance with
        the requirements of paragraphs (1) and (2).
          (B) Foreign classification society. - The Secretary may
        accept certification from a foreign classification society
        under subparagraph (A) only - 
            (i) to the extent that the government of the foreign
          country in which the society is headquartered provides access
          on a reciprocal basis to the American Bureau of Shipping; and
            (ii) if the foreign classification society has offices and
          maintains records in the United States.

      (f) Waiver of Age Restriction. - The Secretary of Defense, in
    conjunction with the Secretary of Transportation, may waive the
    application of an age restriction under subsection (b)(3) if the
    Secretaries jointly determine that the waiver - 
        (1) is in the national interest;
        (2) is appropriate to allow the maintenance of the economic
      viability of the vessel and any associated operating network; and
        (3) is necessary due to the lack of availability of other
      vessels and operators that comply with the requirements of this
      chapter.

-SOURCE-
    (Added Pub. L. 108-136, div. C, title XXXV, Sec. 3531(a), Nov. 24,
    2003, 117 Stat. 1805; amended Pub. L. 109-304, Sec. 13(a)(1), Oct.
    6, 2006, 120 Stat. 1700.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of this chapter, referred to in subsec.
    (b)(3)(B), is the date of enactment of Pub. L. 108-136, which was
    approved Nov. 24, 2003.
      The date of enactment of the Maritime Security Act of 2003,
    referred to in subsec. (e)(1), is the date of enactment of Pub. L.
    108-136, which was approved Nov. 24, 2003.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c). Pub. L. 109-304, Sec. 13(a)(1)(A), (B),
    substituted "section 50501" for "section 2" in the headings of
    pars. (1), (2), and (4) and substituted "section 50501 of this
    title" for "section 2 of the Shipping Act, 1916 (46 U.S.C. App.
    802)" in pars. (1), (2)(A)(i), (ii)(II), (B), and (4)(B).
      Subsec. (d). Pub. L. 109-304, Sec. 13(a)(1)(C), substituted
    "section 501 of this title" for "the first section of Public Law 81-
    891 (64 Stat. 1120; 46 U.S.C. App. note prec. 3)".
      Subsec. (e)(1). Pub. L. 109-304, Sec. 13(a)(1)(D), substituted
    "documented under chapter 121 of this title," for "a documented
    vessel (as that term is defined in section 12101 of this title)" in
    introductory provisions and "documented under chapter 121" for "a
    documented vessel (as defined in that section)" in subpar. (B).

                             VESSEL STANDARDS                         
      Pub. L. 104-324, title XI, Sec. 1137, Oct. 19, 1996, 110 Stat.
    3988, as amended by Pub. L. 108-136, div. C, title XXXV, Sec.
    3534(b)(2), Nov. 24, 2003, 117 Stat. 1818, provided that:
      "(a) Certificate of Inspection. - A vessel used to provide
    transportation service as a common carrier which the Secretary of
    Transportation determines meets the criteria of section 53102(b) of
    title 46, United States Code, but which on the date of enactment of
    this Act [Oct. 19, 1996] is not a documented vessel (as that term
    is defined in section 2101 [now section 106] of title 46, United
    States Code), shall be eligible for a certificate of inspection if
    the Secretary determines that - 
        "(1) the vessel is classed by and designed in accordance with
      the rules of the American Bureau of Shipping or another
      classification society accepted by the Secretary;
        "(2) the vessel complies with applicable international
      agreements and associated guidelines, as determined by the
      country in which the vessel was documented immediately before
      becoming a documented vessel (as defined in that section); and
        "(3) that country has not been identified by the Secretary as
      inadequately enforcing international vessel regulations as to
      that vessel.
      "(b) Continued Eligibility for Certificate. - Subsection (a) does
    not apply to a vessel after any date on which the vessel fails to
    comply with the applicable international agreements and associated
    guidelines referred to in subsection (a)(2).
      "(c) Reliance on Classification Society. - 
        "(1) In general. - The Secretary may rely on a certification
      from the American Bureau of Shipping or, subject to paragraph
      (2), another classification society accepted by the Secretary to
      establish that a vessel is in compliance with the requirements of
      subsections (a) and (b).
        "(2) Foreign classification society. - The Secretary may accept
      certification from a foreign classification society under
      paragraph (1) only - 
          "(A) to the extent that the government of the foreign country
        in which the society is headquartered provides access on a
        reciprocal basis to the American Bureau of Shipping; and
          "(B) if the foreign classification society has offices and
        maintains records in the United States."

-End-



-CITE-
    46 USC Sec. 53103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 531 - MARITIME SECURITY FLEET

-HEAD-
    Sec. 53103. Award of operating agreements

-STATUTE-
      (a) In General. - The Secretary shall require, as a condition of
    including any vessel in the Fleet, that the person that is the
    owner or operator of the vessel for purposes of section 53102(c)
    enter into an operating agreement with the Secretary under this
    section.
      (b) Procedure for Applications. - 
        (1) Acceptance of applications. - Beginning no later than 30
      days after the effective date of this chapter, the Secretary
      shall accept applications for enrollment of vessels in the Fleet.
        (2) Action on applications. - Within 90 days after receipt of
      an application for enrollment of a vessel in the Fleet, the
      Secretary shall approve the application in conjunction with the
      Secretary of Defense, and shall enter into an operating agreement
      with the applicant, or provide in writing the reason for denial
      of that application.
        (3) Participating fleet vessels. - 
          (A) In general. - The Secretary shall accept an application
        for an operating agreement for a participating fleet vessel
        under the priority under subsection (c)(1)(B) only from a
        person that has authority to enter into an operating agreement
        for the vessel with respect to the full term of the operating
        agreement.
          (B) Vessel under demise charter. - For purposes of
        subparagraph (A), in the case of a vessel that is subject to a
        demise charter that terminates by its terms on September 30,
        2005 (without giving effect to any extension provided therein
        for completion of a voyage or to effect the actual redelivery
        of the vessel), or that is terminable at will by the owner of
        the vessel after such date, only the owner of the vessel shall
        be treated as having the authority referred to in paragraph
        (1).
          (C) Vessel owned by united states citizen trust. - For
        purposes of subparagraph (B), in the case of a vessel owned by
        a United States citizen trust, the term "owner of the vessel"
        includes a beneficial owner of the vessel with respect to such
        trust.

      (c) Priority for Awarding Agreements. - 
        (1) In general. - Subject to the availability of
      appropriations, the Secretary shall enter into operating
      agreements according to the following priority:
          (A) New tank vessels. - First, for any tank vessel that - 
            (i) is constructed in the United States after the effective
          date of this chapter;
            (ii) is eligible to be included in the Fleet under section
          53102(b); and
            (iii) during the period of an operating agreement under
          this chapter that applies to the vessel, will be owned and
          operated by one or more persons that are citizens of the
          United States under section 50501 of this title,

        except that the Secretary shall not enter into operating
        agreements under this subparagraph for more than 5 such
        vessels.
          (B) Participating fleet vessels. - Second, to the extent
        amounts are available after applying subparagraph (A), for any
        participating fleet vessel, except that the Secretary shall not
        enter into operating agreements under this subparagraph for
        more than 47 vessels.
          (C) Certain vessels operated by section 50501 citizens. -
        Third, to the extent amounts are available after applying
        subparagraphs (A) and (B), for any other vessel that is
        eligible to be included in the Fleet under section 53102(b),
        and that, during the period of an operating agreement under
        this chapter that applies to the vessel, will be - 
            (i) owned and operated by one or more persons that are
          citizens of the United States under section 50501 of this
          title; or
            (ii) owned by a person that is eligible to document the
          vessel under chapter 121 of this title, and operated by a
          person that is a citizen of the United States under section
          50501 of this title.

          (D) Other eligible vessels. - Fourth, to the extent amounts
        are available after applying subparagraphs (A), (B), and (C),
        for any other vessel that is eligible to be included in the
        Fleet under section 53102(b).

        (2) Reduction in number of slots for participating fleet
      vessels. - The number in paragraph (1)(B) shall be reduced by 1 -
      
          (A) for each participating fleet vessel for which an
        application for enrollment in the Fleet is not received by the
        Secretary within the 90-day period beginning on the effective
        date of this chapter; and
          (B) for each participating fleet vessel for which an
        application for enrollment in the Fleet received by the
        Secretary is not approved by the Secretary and the Secretary of
        Defense within the 90-day period beginning on the date of such
        receipt.

        (3) Discretion within priority. - The Secretary - 
          (A) subject to subparagraph (B), may award operating
        agreements within each priority under paragraph (1) as the
        Secretary considers appropriate; and
          (B) shall award operating agreements within a priority - 
            (i) in accordance with operational requirements specified
          by the Secretary of Defense;
            (ii) in the case of operating agreements awarded under
          subparagraph (C) or (D) of paragraph (1), according to
          applicants' records of owning and operating vessels; and
            (iii) subject to the approval of the Secretary of Defense.

        (4) Treatment of tank vessel to be replaced. - (A) For purposes
      of the application of paragraph (1)(A) with respect to the award
      of an operating agreement, the Secretary may treat an existing
      tank vessel that is eligible to be included in the Fleet under
      section 53102(b) as a vessel that is constructed in the United
      States after the effective date of this chapter, if - 
          (i)(I) a binding contract for construction in the United
        States of a replacement vessel to be operated under the
        operating agreement is executed by not later than 9 months
        after the first date amounts are available to carry out this
        chapter; and
          (II) the replacement vessel is eligible to be included in the
        Fleet under section 53102(b); or
          (ii)(I) not later than 9 months after the first date amounts
        are available to carry out this chapter, the operator of the
        existing tank vessel enters into an agreement to charter one or
        more tank vessels to be built in the United States and operated
        as a documented vessel or documented vessels;
          (II) the combined tonnage of the vessels required to be
        chartered under subclause (I) is equal to or greater than the
        tonnage of the existing tank vessel subject to an operating
        agreement;
          (III) the operator enters into an agreement with the
        Secretary that is substantially the same as an Emergency
        Preparedness Agreement under section 53107 of this title, under
        which the operator shall make available commercial
        transportation resources as provided in that section;
          (IV) if the person that is the owner or operator of the
        existing tank vessel owns or operates more than one existing
        tank vessel subject to an operating agreement, the combined
        tonnage of those vessels required to be chartered under
        subclause (I) by that person is equal to or greater than the
        combined tonnage of all such existing tank vessels owned or
        operated by such person that are subject to operating
        agreements.

        (B) No payment under this chapter may be made for an existing
      tank vessel with respect to which a binding contract is entered
      into under subparagraph (A)(i) for which an operating agreement
      is awarded under this paragraph after the earlier of - 
          (i) 4 years after the first date amounts are available to
        carry out this chapter; or
          (ii) the date of delivery of the replacement tank vessel.

        (C) For purpose of subparagraph (A)(ii), tonnage shall be
      measured under section 14502 of this title, or an alternate
      tonnage measured under section 14302 of this title as prescribed
      by the Secretary under section 14104 of this title.
        (D) No payment under this chapter may be made for an existing
      tank vessel with respect to which an agreement is entered into
      under subparagraph (A)(ii) for any period occurring - 
          (i) after the date that is 5 years after the first date that
        amounts became available to carry out this chapter, if the
        vessel or vessels required to be chartered under subparagraph
        (A)(ii) have not been delivered; or
          (ii) after delivery of the vessel or vessels required to be
        chartered under such subparagraph, if any of such vessels is
        not chartered by the operator of the existing tank vessel.

      (d) Limitation. - The Secretary may not award operating
    agreements under this chapter that require payments under section
    53106 for a fiscal year for more than 60 vessels.

-SOURCE-
    (Added Pub. L. 108-136, div. C, title XXXV, Sec. 3531(a), Nov. 24,
    2003, 117 Stat. 1808; amended Pub. L. 109-304, Sec. 13(a)(2), Oct.
    6, 2006, 120 Stat. 1700; Pub. L. 109-364, div. C, title XXXV, Sec.
    3502(b)(1), Oct. 17, 2006, 120 Stat. 2515.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this chapter, referred to in subsecs.
    (b)(1), (c)(1)(A)(i), (2)(A), (4)(A), is Oct. 1, 2004, see section
    3537(a) of Pub. L. 108-136, set out as an Effective Date note under
    section 53101 of this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(1). Pub. L. 109-304, Sec. 13(a)(2)(A)-(C),
    substituted "section 50501 of this title" for "section 2 of the
    Shipping Act, 1916 (46 U.S.C. App. 802)" in subpars. (A)(iii) and
    (C)(i) and (ii), "applying subparagraph" for "applying
    subparagraphs" in subpar. (B), and "section 50501" for "section 2"
    in subpar. (C) heading.
      Subsec. (c)(3)(B). Pub. L. 109-304, Sec. 13(a)(2)(D), substituted
    "agreements" for "agreement".
      Subsec. (c)(4)(A). Pub. L. 109-364, Sec. 3502(b)(1)(A)-(D),
    redesignated cls. (i) and (ii) as cl. (i), subcls. (I) and (II),
    respectively, in subcl. (II) substituted "; or" for period at end,
    and added cl. (ii).
      Subsec. (c)(4)(B). Pub. L. 109-364, Sec. 3502(b)(1)(E), inserted
    "with respect to which a binding contract is entered into under
    subparagraph (A)(i)" after "existing tank vessel".
      Subsec. (c)(4)(C), (D). Pub. L. 109-364, Sec. 3502(b)(1)(F),
    added subpars. (C) and (D).

-End-



-CITE-
    46 USC Sec. 53104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 531 - MARITIME SECURITY FLEET

-HEAD-
    Sec. 53104. Effectiveness of operating agreements

-STATUTE-
      (a) Effectiveness, Generally. - The Secretary may enter into an
    operating agreement under this chapter for fiscal year 2006. Except
    as provided in subsection (b), the agreement shall be effective
    only for 1 fiscal year, but shall be renewable, subject to the
    availability of appropriations, for each subsequent fiscal year
    through the end of fiscal year 2015.
      (b) Vessels Under Charter to United States. - Unless an earlier
    date is requested by the applicant, the effective date for an
    operating agreement with respect to a vessel that is, on the date
    of entry into an operating agreement, on charter to the United
    States Government, other than a charter pursuant to an Emergency
    Preparedness Agreement under section 53107, shall be the expiration
    or termination date of the Government charter covering the vessel,
    or any earlier date the vessel is withdrawn from that charter.
      (c) Termination. - 
        (1) Termination by secretary. - If the contractor with respect
      to an operating agreement materially fails to comply with the
      terms of the agreement - 
          (A) the Secretary shall notify the contractor and provide a
        reasonable opportunity to comply with the operating agreement;
          (B) the Secretary shall terminate the operating agreement if
        the contractor fails to achieve such compliance; and
          (C) upon such termination, any funds obligated by the
        agreement shall be available to the Secretary to carry out this
        chapter.

        (2) Early termination by contractor, generally. - An operating
      agreement under this chapter shall terminate on a date specified
      by the contractor if the contractor notifies the Secretary, by
      not later than 60 days before the effective date of the
      termination, that the contractor intends to terminate the
      agreement.
        (3) Early termination by contractor, with available
      replacement. - An operating agreement under this chapter shall
      terminate upon the expiration of the 3-year period beginning on
      the date a vessel begins operating under the agreement, if - 
          (A) the contractor notifies the Secretary, by not later than
        2 years after the date the vessel begins operating under the
        agreement, that the contractor intends to terminate the
        agreement under this paragraph; and
          (B) the Secretary, in conjunction with the Secretary of
        Defense, determines that - 
            (i) an application for an operating agreement under this
          chapter has been received for a replacement vessel that is
          acceptable to the Secretaries; and
            (ii) during the period of an operating agreement under this
          chapter that applies to the replacement vessel, the
          replacement vessel will be - 
              (I) owned and operated by one or more persons that are
            citizens of the United States under section 50501 of this
            title; or
              (II) owned by a person that is eligible to document the
            vessel under chapter 121 of this title, and operated by a
            person that is a citizen of the United States under section
            50501 of this title.

      (d) Nonrenewal for Lack of Funds. - If, by the first day of a
    fiscal year, sufficient funds have not been appropriated under the
    authority provided by this chapter for that fiscal year, then the
    Secretary shall notify the Committee on Armed Services and the
    Committee on Commerce, Science, and Transportation of the Senate
    and the Committee on Armed Services of the House of Representatives
    that operating agreements authorized under this chapter for which
    sufficient funds are not available will not be renewed for that
    fiscal year if sufficient funds are not appropriated by the 60th
    day of that fiscal year.
      (e) Release of Vessels From Obligations. - If an operating
    agreement under this chapter is terminated under subsection (c)(3),
    or if funds are not appropriated for payments under an operating
    agreement under this chapter for any fiscal year by the 60th day of
    that fiscal year, then - 
        (1) each vessel covered by the operating agreement is thereby
      released from any further obligation under the operating
      agreement;
        (2) the owner or operator of the vessel may transfer and
      register such vessel under a foreign registry that is acceptable
      to the Secretary of Transportation and the Secretary of Defense,
      notwithstanding section 56101 of this title; and
        (3) if chapter 563 of this title is applicable to such vessel
      after registration of the vessel under such a registry, then the
      vessel is available to be requisitioned by the Secretary of
      Transportation pursuant to chapter 563.

-SOURCE-
    (Added Pub. L. 108-136, div. C, title XXXV, Sec. 3531(a), Nov. 24,
    2003, 117 Stat. 1810; amended Pub. L. 109-304, Sec. 13(a)(3), Oct.
    6, 2006, 120 Stat. 1701.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(3)(B)(ii). Pub. L. 109-304, Sec. 13(a)(3)(A),
    substituted "section 50501 of this title" for "section 2 of the
    Shipping Act, 1916 (46 U.S.C. App. 802)" in subcls. (I) and (II).
      Subsec. (e)(2). Pub. L. 109-304, Sec. 13(a)(3)(B), substituted
    "section 56101 of this title" for "section 9 of the Shipping Act,
    1916 (46 U.S.C. App. 808)".
      Subsec. (e)(3). Pub. L. 109-304, Sec. 13(a)(3)(C), substituted
    "chapter 563 of this title" and "chapter 563" for "section 902 of
    the Merchant Marine Act, 1936 (46 U.S.C. App. 1242)" and "section
    902 of such Act", respectively.

-End-



-CITE-
    46 USC Sec. 53105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 531 - MARITIME SECURITY FLEET

-HEAD-
    Sec. 53105. Obligations and rights under operating agreements

-STATUTE-
      (a) Operation of Vessel. - An operating agreement under this
    chapter shall require that, during the period a vessel is operating
    under the agreement - 
        (1) the vessel - 
          (A) shall be operated exclusively in the foreign commerce or
        in mixed foreign commerce and domestic trade allowed under a
        registry endorsement issued under section 12111 of this title;
        and
          (B) shall not otherwise be operated in the coastwise trade;
        and

        (2) the vessel shall be documented under chapter 121 of this
      title.

      (b) Annual Payments by Secretary. - 
        (1) In general. - An operating agreement under this chapter
      shall require, subject to the availability of appropriations,
      that the Secretary make a payment each fiscal year to the
      contractor in accordance with section 53106.
        (2) Operating agreement is obligation of united states
      government. - An operating agreement under this chapter
      constitutes a contractual obligation of the United States
      Government to pay the amounts provided for in the agreement to
      the extent of actual appropriations.

      (c) Documentation Requirement. - Each vessel covered by an
    operating agreement (including an agreement terminated under
    section 53104(c)(2)) shall remain documented under chapter 121 of
    this title, until the date the operating agreement would terminate
    according to its terms.
      (d) National Security Requirements. - 
        (1) In general. - A contractor with respect to an operating
      agreement (including an agreement terminated under section
      53104(c)(2)) shall continue to be bound by the provisions of
      section 53107 until the date the operating agreement would
      terminate according to its terms.
        (2) Emergency preparedness agreement. - All terms and
      conditions of an Emergency Preparedness Agreement entered into
      under section 53107 shall remain in effect until the date the
      operating agreement would terminate according to its terms,
      except that the terms of such Emergency Preparedness Agreement
      may be modified by the mutual consent of the contractor, the
      Secretary of Transportation, and the Secretary of Defense.

      (e) Transfer of Operating Agreements. - 
        (1) In general. - A contractor under an operating agreement may
      transfer the agreement (including all rights and obligations
      under the agreement) to any person that is eligible to enter into
      that operating agreement under this chapter, if the transfer is
      approved by the Secretary and the Secretary of Defense.
        (2) Limitation. - The Secretary of Defense may not approve
      under paragraph (1) transfer of an operating agreement to a
      person that is not a citizen of the United States under section 2
      of the Shipping Act, 1916 (46 U.S.C. App. 802),(!1) unless the
      Secretary of Defense determines that there is no person who is a
      citizen under such section and is interested in obtaining the
      operating agreement for a vessel that is otherwise eligible to be
      included in the Fleet under section 53102(b) and meets the
      requirements of the Department of Defense.


      (f) Replacement Vessel. - A contractor may replace a vessel under
    an operating agreement with another vessel that is eligible to be
    included in the Fleet under section 53102(b), if the Secretary, in
    conjunction with the Secretary of Defense, approves replacement of
    the vessel.

-SOURCE-
    (Added Pub. L. 108-136, div. C, title XXXV, Sec. 3531(a), Nov. 24,
    2003, 117 Stat. 1812; amended Pub. L. 109-304, Sec. 13(a)(4), Oct.
    6, 2006, 120 Stat. 1701; Pub. L. 109-364, div. C, title XXXV, Sec.
    3502(a), Oct. 17, 2006, 120 Stat. 2514.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2 of the Shipping Act, 1916, referred to in subsec.
    (e)(2), is section 2 of act Sept. 7, 1916, ch. 451, 39 Stat. 728,
    which was classified to sections 802 and 803 of former Title 46,
    Appendix, Shipping, and was repealed and restated in sections 50501
    and 50502 of this title by Pub. L. 109-304, Secs. 8(b), 19, Oct. 6,
    2006, 120 Stat. 1556, 1710. For disposition of sections of former
    Title 46, Appendix, to this title, see Disposition Table preceding
    section 101 of this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1)(A). Pub. L. 109-304, Sec. 13(a)(4)(A),
    substituted "section 12111" for "section 12105".
      Subsec. (e). Pub. L. 109-364 designated existing provisions as
    par. (1), inserted heading and aligned margins in par. (1), and
    added par. (2).
      Subsec. (f). Pub. L. 109-304, Sec. 13(a)(4)(B), substituted
    "approves" for "approve".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    46 USC Sec. 53106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 531 - MARITIME SECURITY FLEET

-HEAD-
    Sec. 53106. Payments

-STATUTE-
      (a) Annual Payment. - 
        (1) In general. - The Secretary, subject to the availability of
      appropriations and the other provisions of this section, shall
      pay to the contractor for an operating agreement, for each vessel
      that is covered by the operating agreement, an amount equal to - 
          (A) $2,600,000 for each of fiscal years 2006, 2007, and 2008;
          (B) $2,900,000, for each of fiscal years 2009, 2010, and
        2011; and
          (C) $3,100,000 for each fiscal years 2012, 2013, 2014, and
        2015.

        (2) Timing. - The amount shall be paid in equal monthly
      installments at the end of each month. The amount shall not be
      reduced except as provided by this section.

      (b) Certification Required for Payment. - As a condition of
    receiving payment under this section for a fiscal year for a
    vessel, the contractor for the vessel shall certify, in accordance
    with regulations issued by the Secretary, that the vessel has been
    and will be operated in accordance with section 53105(a)(1) for at
    least 320 days in the fiscal year. Days during which the vessel is
    drydocked, surveyed, inspected, or repaired shall be considered
    days of operation for purposes of this subsection.
      (c) General Limitations. - The Secretary of Transportation shall
    not make any payment under this chapter for a vessel with respect
    to any days for which the vessel is - 
        (1) under a charter to the United States Government, other than
      a charter pursuant to an Emergency Preparedness Agreement under
      section 53107;
        (2) not operated or maintained in accordance with an operating
      agreement under this chapter; or
        (3) more than - 
          (A) 25 years of age, except as provided in subparagraph (B)
        or (C);
          (B) 20 years of age, in the case of a tank vessel; or
          (C) 30 years of age, in the case of a LASH vessel.

      (d) Reductions in Payments. - With respect to payments under this
    chapter for a vessel covered by an operating agreement, the
    Secretary - 
        (1) except as provided in paragraph (2), shall not reduce any
      payment for the operation of the vessel to carry military or
      other preference cargoes under section 55302(a), 55304, 55305, or
      55314 of this title, section 2631 of title 10, or any other cargo
      preference law of the United States;
        (2) shall not make any payment for any day that the vessel is
      engaged in transporting more than 7,500 tons of civilian bulk
      preference cargoes pursuant to section 55302(a), 55305, or 55314
      of this title that is bulk cargo; and
        (3) shall make a pro rata reduction in payment for each day
      less than 320 in a fiscal year that the vessel is not operated in
      accordance with section 53105(a)(1), with days during which the
      vessel is drydocked or undergoing survey, inspection, or repair
      considered to be days on which the vessel is operated.

      (e) Limitation Regarding Noncontiguous Domestic Trade. - 
        (1) In general. - No contractor shall receive payments pursuant
      to this chapter during a period in which it participates in
      noncontiguous domestic trade.
        (2) Limitation on application. - Paragraph (1) shall not apply
      to any person that is a citizen of the United States within the
      meaning of section 50501 of this title, applying the 75 percent
      ownership requirement of that section.
        (3) Participates in a noncontiguous domestic trade defined. -
      In this subsection the term "participates in a noncontiguous
      domestic trade" means directly or indirectly owns, charters, or
      operates a vessel engaged in transportation of cargo between a
      point in the contiguous 48 States and a point in Alaska, Hawaii,
      or Puerto Rico, other than a point in Alaska north of the Arctic
      Circle.

      (f) Priority in Allocation of Available Amounts. - If the amount
    available for a fiscal year for making payments under operating
    agreements under this chapter is not sufficient to pay the full
    amount authorized under each agreement pursuant to this section for
    such fiscal year, the amount available shall be allocated among
    such agreements in a manner that gives priority to payments for
    vessels that are subject to agreements under section 3517 of the
    Maritime Security Act of 2003 (46 U.S.C. 53101 note).

-SOURCE-
    (Added Pub. L. 108-136, div. C, title XXXV, Sec. 3531(a), Nov. 24,
    2003, 117 Stat. 1813; amended Pub. L. 109-304, Sec. 13(a)(5), Oct.
    6, 2006, 120 Stat. 1701; Pub. L. 109-364, div. C, title XXXV, Sec.
    3502(c), Oct. 17, 2006, 120 Stat. 2516.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3517 of the Maritime Security Act of 2003, referred to in
    subsec. (f), is section 3517 of Pub. L. 108-136, which is set out
    as a note under section 53101 of this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (d)(1). Pub. L. 109-304, Sec. 13(a)(5)(A),
    substituted "section 55302(a), 55304, 55305, or 55314 of this
    title, section 2631 of title 10" for "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)".
      Subsec. (d)(2). Pub. L. 109-304, Sec. 13(a)(5)(B), substituted
    "section 55302(a), 55305, or 55314 of this title" for "section
    901(a), 901(b), or 901b of the Merchant Marine Act, 1936 (46 U.S.C.
    App. 1241(a), 1241(b), or 1241f),".
      Subsec. (e)(2). Pub. L. 109-304, Sec. 13(a)(5)(C), substituted
    "section 50501 of this title, applying the 75 percent ownership
    requirement of that section" for "section 2(c) of the Shipping Act,
    1916 (46 U.S.C. App. 802(c))".
      Subsec. (f). Pub. L. 109-364 added subsec. (f).

-End-



-CITE-
    46 USC Sec. 53107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 531 - MARITIME SECURITY FLEET

-HEAD-
    Sec. 53107. National security requirements

-STATUTE-
      (a) Emergency Preparedness Agreement Required. - The Secretary
    shall establish an Emergency Preparedness Program under this
    section that is approved by the Secretary of Defense. Under the
    program, the Secretary, in conjunction with the Secretary of
    Defense, shall include in each operating agreement under this
    chapter a requirement that the contractor enter into an Emergency
    Preparedness Agreement under this section with the Secretary. The
    Secretary shall negotiate and enter into an Emergency Preparedness
    Agreement with each contractor as promptly as practicable after the
    contractor has entered into an operating agreement under this
    chapter.
      (b) Terms of Agreement. - 
        (1) In general. - An Emergency Preparedness Agreement under
      this section shall require that upon a request by the Secretary
      of Defense during time of war or national emergency, or whenever
      determined by the Secretary of Defense to be necessary for
      national security or contingency operation (as that term is
      defined in section 101 of title 10, United States Code), a
      contractor for a vessel covered by an operating agreement under
      this chapter shall make available commercial transportation
      resources (including services).
        (2) Basic terms. - (A) The basic terms of the Emergency
      Preparedness Agreement shall be established (subject to
      subparagraph (B)) by the Secretary and the Secretary of Defense.
        (B) In any Emergency Preparedness Agreement, the Secretary and
      a contractor may agree to additional or modifying terms
      appropriate to the contractor's circumstances if those terms have
      been approved by the Secretary of Defense.

      (c) Participation After Expiration of Operating Agreement. -
    Except as provided by section 53105(d), the Secretary may not
    require, through an Emergency Preparedness Agreement or operating
    agreement, that a contractor continue to participate in an
    Emergency Preparedness Agreement after the operating agreement with
    the contractor has expired according to its terms or is otherwise
    no longer in effect. After expiration of an Emergency Preparedness
    Agreement, a contractor may volunteer to continue to participate in
    such an agreement.
      (d) Resources Made Available. - The commercial transportation
    resources to be made available under an Emergency Preparedness
    Agreement shall include vessels or capacity in vessels, intermodal
    systems and equipment, terminal facilities, intermodal and
    management services, and other related services, or any agreed
    portion of such nonvessel resources for activation as the Secretary
    of Defense may determine to be necessary, seeking to minimize
    disruption of the contractor's service to commercial shippers.
      (e) Compensation. - 
        (1) In general. - The Secretary shall include in each Emergency
      Preparedness Agreement provisions approved by the Secretary of
      Defense under which the Secretary of Defense shall pay fair and
      reasonable compensation for all commercial transportation
      resources provided pursuant to this section.
        (2) Specific requirements. - Compensation under this subsection
      - 
          (A) shall not be less than the contractor's commercial market
        charges for like transportation resources;
          (B) shall be fair and reasonable considering all
        circumstances;
          (C) shall be provided from the time that a vessel or resource
        is required by the Secretary of Defense until the time that it
        is redelivered to the contractor and is available to reenter
        commercial service; and
          (D) shall be in addition to and shall not in any way reflect
        amounts payable under section 53106.

      (f) Temporary Replacement Vessels. - Notwithstanding section
    55302(a), 55304, 55305, or 55314 of this title, section 2631 of
    title 10, or any other cargo preference law of the United States - 
        (1) a contractor may operate or employ in foreign commerce a
      foreign-flag vessel or foreign-flag vessel capacity as a
      temporary replacement for a United States-documented vessel or
      United States-documented vessel capacity that is activated by the
      Secretary of Defense under an Emergency Preparedness Agreement or
      under a primary Department of Defense-approved sealift readiness
      program; and
        (2) such replacement vessel or vessel capacity shall be
      eligible during the replacement period to transport preference
      cargoes subject to sections 55302(a), 55304, 55305, and 55314 of
      this title and section 2631 of title 10 to the same extent as the
      eligibility of the vessel or vessel capacity replaced.

      (g) Redelivery and Liability of United States for Damages. - 
        (1) In general. - All commercial transportation resources
      activated under an Emergency Preparedness Agreement shall, upon
      termination of the period of activation, be redelivered to the
      contractor in the same good order and condition as when received,
      less ordinary wear and tear, or the Secretary of Defense shall
      fully compensate the contractor for any necessary repair or
      replacement.
        (2) Limitation on liability of u.s. - Except as may be
      expressly agreed to in an Emergency Preparedness Agreement, or as
      otherwise provided by law, the Government shall not be liable for
      disruption of a contractor's commercial business or other
      consequential damages to a contractor arising from activation of
      commercial transportation resources under an Emergency
      Preparedness Agreement.

-SOURCE-
    (Added Pub. L. 108-136, div. C, title XXXV, Sec. 3531(a), Nov. 24,
    2003, 117 Stat. 1814; amended Pub. L. 109-304, Sec. 13(a)(6), Oct.
    6, 2006, 120 Stat. 1701.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (f). Pub. L. 109-304 substituted "section
    55302(a), 55304, 55305, or 55314 of this title, section 2631 of
    title 10" for "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)" in introductory provisions and
    "sections 55302(a), 55304, 55305, and 55314 of this title and
    section 2631 of title 10" for "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)" in par. (2).

-End-



-CITE-
    46 USC Sec. 53108                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 531 - MARITIME SECURITY FLEET

-HEAD-
    Sec. 53108. Regulatory relief

-STATUTE-
      (a) Operation in Foreign Commerce. - A contractor for a vessel
    included in an operating agreement under this chapter may operate
    the vessel in the foreign commerce of the United States without
    restriction.
      (b) Other Restrictions. - The restrictions of section 55305(a) of
    this title concerning the building, rebuilding, or documentation of
    a vessel in a foreign country shall not apply to a vessel for any
    day the operator of that vessel is receiving payments for operation
    of that vessel under an operating agreement under this chapter.
      (c) Telecommunications Equipment. - The telecommunications and
    other electronic equipment on an existing vessel that is
    redocumented under the laws of the United States for operation
    under an operating agreement under this chapter shall be deemed to
    satisfy all Federal Communications Commission equipment
    certification requirements, if - 
        (1) such equipment complies with all applicable international
      agreements and associated guidelines as determined by the country
      in which the vessel was documented immediately before becoming
      documented under the laws of the United States;
        (2) that country has not been identified by the Secretary as
      inadequately enforcing international regulations as to that
      vessel; and
        (3) at the end of its useful life, such equipment will be
      replaced with equipment that meets Federal Communications
      Commission equipment certification standards.

-SOURCE-
    (Added Pub. L. 108-136, div. C, title XXXV, Sec. 3531(a), Nov. 24,
    2003, 117 Stat. 1816; amended Pub. L. 109-304, Sec. 13(a)(7), Oct.
    6, 2006, 120 Stat. 1701.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-304 substituted "section 55305(a)
    of this title" for "section 901(b)(1) of the Merchant Marine Act,
    1936 (46 U.S.C. App. 1241(b)(1))".

-End-



-CITE-
    46 USC Sec. 53109                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 531 - MARITIME SECURITY FLEET

-HEAD-
    Sec. 53109. Special rule regarding age of participating fleet
      vessel

-STATUTE-
      Any age restriction under section 53102(b)(3) or 53106(c)(3)
    shall not apply to a participating fleet vessel during the 30-month
    period beginning on the date the vessel begins operating under an
    operating agreement under this title, if the Secretary determines
    that the contractor for the vessel has entered into an arrangement
    to obtain and operate under the operating agreement for the
    participating fleet vessel a replacement vessel that, upon
    commencement of such operation, will be eligible to be included in
    the Fleet under section 53102(b).

-SOURCE-
    (Added Pub. L. 108-136, div. C, title XXXV, Sec. 3531(a), Nov. 24,
    2003, 117 Stat. 1817.)

-End-



-CITE-
    46 USC Sec. 53110                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 531 - MARITIME SECURITY FLEET

-HEAD-
    Sec. 53110. Regulations

-STATUTE-
      The Secretary and the Secretary of Defense may each prescribe
    rules as necessary to carry out their respective responsibilities
    under this chapter.

-SOURCE-
    (Added Pub. L. 108-136, div. C, title XXXV, Sec. 3531(a), Nov. 24,
    2003, 117 Stat. 1817.)


-MISC1-
                               INTERIM RULES                           
      Pub. L. 108-136, div. C, title XXXV, Sec. 3533, Nov. 24, 2003,
    117 Stat. 1818, provided that: "The Secretary of Transportation and
    the Secretary of Defense may each prescribe interim rules necessary
    to carry out their respective responsibilities under this subtitle
    [subtitle C (Secs. 3531-3537) of title XXXV of div. C of Pub. L.
    108-136, enacting this chapter, amending former section 12102 of
    this title and sections 808 and 1162 of the former Appendix to this
    title, repealing sections 1187 to 1187e and 1222 of the former
    Appendix to this title, enacting provisions set out as a note under
    section 53101 of this title, and amending provisions set out as a
    note under section 1187 of the former Appendix to this title] and
    the amendments made by this subtitle. For this purpose, the
    Secretaries are excepted from compliance with the notice and
    comment requirements of section 553 of title 5, United States Code.
    All interim rules prescribed under the authority of this section
    that are not earlier superseded by final rules shall expire no
    later than 270 days after the effective date of this subtitle [see
    Effective Date note set out under section 53101 of this title]."

-End-



-CITE-
    46 USC Sec. 53111                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 531 - MARITIME SECURITY FLEET

-HEAD-
    Sec. 53111. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated for payments under
    section 53106, to remain available until expended - 
        (1) $156,000,000 for each of fiscal years 2006, 2007, and 2008;
        (2) $174,000,000 for each of fiscal years 2009, 2010, and 2011;
      and
        (3) $186,000,000 for each fiscal year thereafter through fiscal
      year 2015.

-SOURCE-
    (Added Pub. L. 108-136, div. C, title XXXV, Sec. 3531(a), Nov. 24,
    2003, 117 Stat. 1817.)

-End-


-CITE-
    46 USC CHAPTER 533 - CONSTRUCTION RESERVE FUNDS             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
                 CHAPTER 533 - CONSTRUCTION RESERVE FUNDS             

-MISC1-
    Sec.                                                     
    53301.      Definitions.                                          
    53302.      Authority for construction reserve funds.             
    53303.      Persons eligible to establish funds.                  
    53304.      Vessel ownership.                                     
    53305.      Eligible fund deposits.                               
    53306.      Recognition of gain for tax purposes.                 
    53307.      Basis for determining gain or loss and for
                 depreciating new vessels.                            
    53308.      Order and proportions of deposits and withdrawals.    
    53309.      Accumulation of deposits.                             
    53310.      Obligation of deposits and period for construction of
                 certain vessels.                                     
    53311.      Taxation of deposits on failure of conditions.        
    53312.      Assessment and collection of deficiency tax.          

-End-



-CITE-
    46 USC Sec. 53301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
    Sec. 53301. Definitions

-STATUTE-
      (a) In General. - In this chapter:
        (1) Construction contract. - The term "construction contract"
      includes, for a taxpayer constructing a new vessel in a shipyard
      owned by that taxpayer, an agreement between the taxpayer and the
      Secretary of Transportation for that construction containing
      provisions the Secretary considers advisable to carry out this
      chapter.
        (2) New vessel. - The term "new vessel" means - 
          (A) a vessel - 
            (i) constructed in the United States after December 31,
          1939, constructed with a construction-differential subsidy
          under title V of the Merchant Marine Act, 1936, or
          constructed with financing or a financing guarantee under
          chapter 537 or 575 of this title;
            (ii) documented or agreed with the Secretary to be
          documented under the laws of the United States; and
            (iii)(I) of a type, size, and speed that the Secretary
          determines is suitable for use on the high seas or Great
          Lakes in carrying out this subtitle, but not less than 2,000
          gross tons or less than 12 knots speed unless the Secretary
          certifies in each case that a vessel of lesser tonnage or
          speed is desirable for use by the United States Government in
          case of war or national emergency; or
            (II) constructed to replace a vessel bought or
          requisitioned by the Government; and

          (B) a vessel reconstructed or reconditioned for use only on
        the Great Lakes, including the Saint Lawrence River and Gulf,
        if the Secretary finds that the reconstruction or
        reconditioning will promote the objectives of this subtitle.

      (b) Additional Tax-Related Terms. - Other terms used in this
    chapter have the same meaning as in chapter 1 of the Internal
    Revenue Code of 1986 (26 U.S.C. ch. 1).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1587.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53301(a)(1)    46 App.:1161(n).        June 29, 1936, ch. 858,      
                                            title V, Sec. 511(n), as    
                                            added Dec. 23, 1944, ch.    
                                            714, Sec. 2, 58 Stat. 920;  
                                            Pub. L. 97-31, Sec.         
                                            12(92)(A), Aug. 6, 1981, 95 
                                            Stat. 161.                  
    53301(a)       46 App.:1161(a).        June 29, 1936, ch. 858,      
     (2)(A)                                 title V, Sec. 511(a), as    
                                            added Oct. 10, 1940, ch.    
                                            849, 54 Stat. 1106; Pub. L. 
                                            97-31, Sec. 12(92)(A), Aug. 
                                            6, 1981, 95 Stat. 161.      
    53301(a)       46 App.:1161(o).        June 29, 1936, ch. 858,      
     (2)(B)                                 title V, Sec. 511(o), as    
                                            added July 17, 1952, ch.    
                                            939, Sec. 14, 66 Stat. 764; 
                                            Pub. L. 97-31, Sec.         
                                            12(92)(A), Aug. 6, 1981, 95 
                                            Stat. 161.                  
    53301(b)       46 App.:1161(m).        June 29, 1936, ch. 858,      
                                            title V, Sec. 511(m), as    
                                            added Oct. 10, 1940, ch.    
                                            849, 54 Stat. 1108.         
    --------------------------------------------------------------------

      In subsection (a)(2)(A)(i), the words "constructed with a
    construction-differential subsidy under title V of the Merchant
    Marine Act, 1936, or constructed with financing or a financing
    guarantee under chapter 537 or 575 of this title" are substituted
    for "the construction of which has been financed under subchapters
    V or VII of this chapter, or the construction of which has been
    aided by a mortgage insured under subchapter XI of this chapter"
    because of the reorganization of the material and the omission from
    the revised title of the provisions relating to the construction-
    differential subsidy program.
      Subsection (a)(2)(B) is substituted for the source provision to
    state more directly that a vessel described in the source provision
    is a new vessel for purposes of this chapter.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Merchant Marine Act, 1936, referred to in subsec.
    (a)(2)(A)(i), is act June 29, 1936, ch. 858, 49 Stat. 1985. Title V
    of the Act enacted provisions set out as notes under section 53101
    of this title. For complete classification of this Act to the Code,
    see Short Title of 1936 Amendment note set out under section 101 of
    this title and Tables.

-End-



-CITE-
    46 USC Sec. 53302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
    Sec. 53302. Authority for construction reserve funds

-STATUTE-
      (a) General Authority. - An eligible person under section 53303
    of this title may establish a construction reserve fund for the
    construction, reconstruction, reconditioning, or acquisition of a
    new vessel or for other purposes authorized by this chapter.
      (b) Application of Certain Laws and Regulations. - The fund shall
    be established, maintained, expended, and used as provided by this
    chapter and regulations prescribed jointly by the Secretary of
    Transportation and the Secretary of the Treasury.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1587.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53302(a)       46 App.:1161(b)         June 29, 1936, ch. 858,      
                    (1st sentence words     title V, Sec. 511(b) (1st   
                    before 6th comma        sentence words before 6th   
                    and between 10th        comma and between 10th and  
                    and 16th commas).       16th commas, last sentence),
                                            as added Oct. 10, 1940, ch. 
                                            849, 54 Stat. 1106; June 17,
                                            1943, ch. 130, subdiv. (a), 
                                            57 Stat. 157; July 17, 1952,
                                            ch. 939, Sec. 9, 66 Stat.   
                                            762; Pub. L. 97-31, Sec.    
                                            12(92)(A), Aug. 6, 1981, 95 
                                            Stat. 161.                  
    53302(b)       46 App.:1161(b)                                      
                    (last sentence).                                    
    --------------------------------------------------------------------

      In subsection (a), the words "necessary to carrying out the
    policy set forth in section 1101 of this Appendix" are omitted as
    unnecessary.

-End-



-CITE-
    46 USC Sec. 53303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
    Sec. 53303. Persons eligible to establish funds

-STATUTE-
      A construction reserve fund may be established by a citizen of
    the United States that - 
        (1) is operating a vessel in the foreign or domestic commerce
      of the United States or in the fisheries;
        (2) owns, in whole or in part, a vessel being operated in the
      foreign or domestic commerce of the United States or in the
      fisheries;
        (3) was operating a vessel in the foreign or domestic commerce
      of the United States or in the fisheries when it was bought or
      requisitioned by the United States Government;
        (4) owned, in whole or in part, a vessel being operated in the
      foreign or domestic commerce of the United States or in the
      fisheries when it was bought or requisitioned by the Government;
      or
        (5) had acquired or was having constructed a vessel to operate
      in the foreign or domestic commerce of the United States or in
      the fisheries when it was bought or requisitioned by the
      Government.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1587.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53303          46 App.:1161(b)         June 29, 1936, ch. 858,      
                    (1st sentence words     title V, Sec. 511(b) (1st   
                    between 6th and         sentence words between 6th  
                    10th commas).           and 10th commas), as added  
                                            Oct. 10, 1940, ch. 849, 54  
                                            Stat. 1106; June 17, 1943,  
                                            ch. 130, subdiv. (a), 57    
                                            Stat. 157; July 17, 1952,   
                                            ch. 939, Sec. 9, 66 Stat.   
                                            762.                        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
    Sec. 53304. Vessel ownership

-STATUTE-
      In this chapter, a vessel is deemed to be constructed or acquired
    by a taxpayer if constructed or acquired by a corporation when the
    taxpayer owns at least 95 percent of each class of stock of the
    corporation.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1588.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53304          46 App.:1161(l).        June 29, 1936, ch. 858,      
                                            title V, Sec. 511(l), as    
                                            added Oct. 10, 1940, ch.    
                                            849, 54 Stat. 1108.         
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
    Sec. 53305. Eligible fund deposits

-STATUTE-
      A construction reserve fund may include deposits of - 
        (1) the proceeds from the sale of a vessel;
        (2) indemnities for the loss of a vessel;
        (3) earnings from the operation of a documented vessel and from
      services incident to the operation; and
        (4) interest or other amounts accrued on deposits in the fund.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1588.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53305          46 App.:1161(b)         June 29, 1936, ch. 858,      
                    (1st sentence words     title V, Sec. 511(b) (1st   
                    after 16th comma).      sentence words after 16th   
                                            comma), as added Oct. 10,   
                                            1940, ch. 849, 54 Stat.     
                                            1106; June 17, 1943, ch.    
                                            130, subdiv. (a), 57 Stat.  
                                            157; July 17, 1952, ch. 939,
                                            Sec. 9, 66 Stat. 762.       
    --------------------------------------------------------------------

      In paragraph (3), the words "documented vessel" are substituted
    for "vessels documented under the laws of the United States"
    because of the definition of "documented vessel" in chapter 1 of
    the revised title.
      In paragraph (4), the words "interest or other amounts accrued on
    deposits in the fund" are substituted for "receipts, in the form of
    interest or otherwise, with respect to amounts previously
    deposited" for clarity and to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 53306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
    Sec. 53306. Recognition of gain for tax purposes

-STATUTE-
      (a) Definitions. - In this section, the terms "net proceeds" and
    "net indemnity" mean the sum of - 
        (1) the adjusted basis of the vessel; and
        (2) the amount of gain the taxpayer would recognize without
      regard to this section.

      (b) Recognition of Gain. - In computing net income under the
    income or excess profits tax laws of the United States, a taxpayer
    does not recognize a gain on the sale or the actual or constructive
    total loss of a vessel if the taxpayer - 
        (1) deposits an amount equal to the net proceeds of the sale or
      the net indemnity for the loss in a construction reserve fund
      within 60 days after receiving the payment of proceeds or
      indemnity; and
        (2) elects under this section not to recognize the gain.

      (c) When Election Must Be Made. - 
        (1) In general. - Except as provided in paragraph (2), the
      taxpayer must make the election referred to in subsection (b) in
      the taxpayer's income tax return for the taxable year in which
      the gain was realized.
        (2) Receipt after taxable year. - If the vessel is bought or
      requisitioned by the United States Government, or is lost, and
      the taxpayer receives payment for the vessel or indemnity for the
      loss from the Government after the end of the taxable year in
      which it was bought, requisitioned, or lost, the taxpayer must
      make the election referred to in subsection (b) within 60 days
      after receiving the payment or indemnity, on a form prescribed by
      the Secretary of the Treasury.

      (d) Effect of Statute of Limitation. - If the taxpayer makes an
    election under subsection (c)(2), and computation or recomputation
    under this section is otherwise allowable but is prevented by a
    statute of limitation on the date the election is made or within 6
    months thereafter, the computation or recomputation nevertheless
    shall be made notwithstanding the statute if the taxpayer files a
    claim for the computation or recomputation within 6 months after
    the date of making the election.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1588.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53306          46 App.:1161(c).        June 29, 1936, ch. 858,      
                                            title V, Sec. 511(c), as    
                                            added Oct. 10, 1940, ch.    
                                            849, 54 Stat. 1106; June 17,
                                            1943, ch. 130, subdiv. (b), 
                                            57 Stat. 157; Dec. 23, 1944,
                                            ch. 714, Sec. 1, 58 Stat.   
                                            920; July 17, 1952, ch. 939,
                                            Sec. 10, 66 Stat. 762.      
    --------------------------------------------------------------------

      In subsection (c)(2), the words "in any taxable year beginning
    after December 31, 1939" are omitted as obsolete. The words
    "prescribed by the Secretary of the Treasury" are substituted for
    "prescribed by the Commissioner of Internal Revenue with the
    approval of the Secretary of the Treasury" for consistency in the
    revised title and with other titles of the United States Code. See
    26 U.S.C. 7805.

-End-



-CITE-
    46 USC Sec. 53307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
    Sec. 53307. Basis for determining gain or loss and for depreciating
      new vessels

-STATUTE-
      Under the income or excess profits tax laws of the United States,
    the basis for determining a gain or loss and for depreciation of a
    new vessel constructed, reconstructed, reconditioned, or acquired
    by the taxpayer, or for which purchase-money indebtedness is
    liquidated as provided in section 53310 of this title, with amounts
    from a construction reserve fund, shall be reduced by that part of
    the deposits in the fund expended in the construction,
    reconstruction, reconditioning, acquisition, or liquidation of
    purchase-money indebtedness of the new vessel that represents a
    gain not recognized for tax purposes under section 53306 of this
    title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1589.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53307          46 App.:1161(d).        June 29, 1936, ch. 858,      
                                            title V, Sec. 511(d), as    
                                            added Oct. 10, 1940, ch.    
                                            849, 54 Stat. 1106; July 17,
                                            1952, ch. 939, Sec. 11, 66  
                                            Stat. 763.                  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53308                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
    Sec. 53308. Order and proportions of deposits and withdrawals

-STATUTE-
      In this chapter - 
        (1) if the net proceeds of a sale or the net indemnity for a
      loss is deposited in more than one deposit, the amount consisting
      of the gain shall be deemed to be deposited first;
        (2) amounts expended, obligated, or otherwise withdrawn shall
      be applied against the amounts deposited in the fund in the order
      of deposit; and
        (3) if a deposit consists in part of a gain not recognized
      under section 53306 of this title, any expenditure, obligation,
      or withdrawal applied against that deposit shall be deemed to be
      a gain in the proportion that the part of the deposit consisting
      of a gain bears to the total amount of the deposit.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1589.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53308          46 App.:1161(e).        June 29, 1936, ch. 858,      
                                            title V, Sec. 511(e), as    
                                            added Oct. 10, 1940, ch.    
                                            849, 54 Stat. 1107.         
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53309                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
    Sec. 53309. Accumulation of deposits

-STATUTE-
      For any taxable year, amounts on deposit in a construction
    reserve fund on the last day of the taxable year, for which the
    requirements of section 53310 of this title have been satisfied (to
    the extent they apply on the last day of the taxable year), are
    deemed to have been retained for the reasonable needs of the
    business within the meaning of section 537(a) of the Internal
    Revenue Code of 1986 (26 U.S.C. 537(a)).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1589.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53309          46 App.:1161(f).        June 29, 1936, ch. 858,      
                                            title V, Sec. 511(f), as    
                                            added Oct. 10, 1940, ch.    
                                            849, 54 Stat. 1107.         
    --------------------------------------------------------------------

      The words "are deemed to have been retained for the reasonable
    needs of the business within the meaning of section 537(a) of the
    Internal Revenue Code of 1986 (26 U.S.C. 537(a))" are substituted
    for "shall not constitute an accumulation of earnings or profits
    within the meaning of section 102 of the Internal Revenue Code"
    because section 102 of the Internal Revenue Code of 1939 has been
    superseded by part 1 of subchapter G of chapter 1 of the Internal
    Revenue Code of 1986 (26 U.S.C. 531 et seq.). See also 46 C.F.R.
    Sec. 287.16 (2003).

-End-



-CITE-
    46 USC Sec. 53310                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
    Sec. 53310. Obligation of deposits and period for construction of
      certain vessels

-STATUTE-
      (a) Application of Sections 53306 and 53309. - Sections 53306 and
    53309 of this title apply to a deposit in a construction reserve
    fund only if, within 3 years after the date of the deposit (and any
    extension under subsection (c)) - 
        (1)(A) a contract is made for the construction or acquisition
      of a new vessel or, with the approval of the Secretary of
      Transportation, for a part interest in a new vessel or for the
      reconstruction or reconditioning of a new vessel;
        (B) the deposit is expended or obligated for expenditure under
      that contract;
        (C) at least 12.5 percent of the construction or contract price
      of the vessel is paid or irrevocably committed for payment; and
        (D) the plans and specifications for the vessel are approved by
      the Secretary to the extent the Secretary considers necessary; or
        (2) the deposit is expended or obligated for expenditure for
      the liquidation of existing or subsequently incurred purchase-
      money indebtedness to a person not a parent company of, or a
      company affiliated or associated with, the mortgagor on a new
      vessel.

      (b) Additional Requirements for Certain Vessels. - In addition to
    the requirements of subsection (a)(1), for a vessel not constructed
    under a construction-differential subsidy contract or not bought
    from the Secretary of Transportation - 
        (1) at least 5 percent of the construction (or, if the contract
      covers more than one vessel, at least 5 percent of the
      construction of the first vessel) must be completed within 6
      months after the date of the construction contract (or within the
      period of an extension under subsection (c)), as estimated by the
      Secretary and certified by the Secretary to the Secretary of the
      Treasury; and
        (2) construction under the contract must be completed with
      reasonable dispatch thereafter.

      (c) Extensions. - The Secretary of Transportation may grant
    extensions of the period within which the deposits must be expended
    or obligated or within which the construction must have progressed
    to the extent of 5 percent completion under this section. However,
    the extensions may not be for a total of more than 2 years for the
    expenditure or obligation of deposits or one year for the progress
    of construction.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1589.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53310(a)       46 App.:1161(g)         June 29, 1936, ch. 858,      
                    (less (1)(B)).          title V, Sec. 511(g), (h),  
                                            as added Oct. 10, 1940, ch. 
                                            849, 54 Stat. 1107; June 17,
                                            1943, ch. 130, subdivs. (c),
                                            (d), 57 Stat. 158; July 17, 
                                            1952, ch. 939, Secs. 12,    
                                            13(a), 66 Stat. 763; Pub. L.
                                            86-237, Sec. 1, Sept. 8,    
                                            1959, 73 Stat. 471; Pub. L. 
                                            87-303, Sec. 3, Sept. 26,   
                                            1961, 75 Stat. 661; Pub. L. 
                                            87-782, Sec. 1, Oct. 10,    
                                            1962, 76 Stat. 796; Pub. L. 
                                            88-227, Sec. 1, Dec. 23,    
                                            1963, 77 Stat. 470; Pub. L. 
                                            88-595, Sec. 1, Sept. 12,   
                                            1964, 78 Stat. 943; Pub. L. 
                                            97-31, Sec. 12(92), Aug. 6, 
                                            1981, 95 Stat. 161.         
    53310(b)       46                                                   
                    App.:1161(g)(1)(B).                                 
    53310(c)       46 App.:1161(h).                                     
    --------------------------------------------------------------------

      In this section, the language about joint regulations in 46 App.
    U.S.C. 1161(g) and (h) is omitted as unnecessary because of section
    53302(b) of the revised title.
      In subsection (a), the words "(i) two years from the date of
    deposit or the date of any extension thereof which may be granted
    by the Secretary of Transportation pursuant to the provisions of
    subsection (h) of this section, in the case of deposits made prior
    to the date on which these amendatory provisions become effective,
    or" in 46 App. U.S.C. 1161(g)(1) and (2) are omitted as obsolete.
    In paragraph (1)(A), the words "or, with the approval of the
    Secretary of Transportation, for a part interest in a new vessel or
    for the reconstruction or reconditioning of a new vessel" are
    substituted for "(or in the discretion of the Secretary of
    Transportation, for a part interest therein), or, with the approval
    of the Secretary of Transportation, for the reconstruction or
    reconditioning of a new vessel or vessels" to eliminate unnecessary
    words.
      In subsection (c), the proviso in 46 App. U.S.C. 1161(h) is
    omitted as obsolete.

-End-



-CITE-
    46 USC Sec. 53311                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
    Sec. 53311. Taxation of deposits on failure of conditions

-STATUTE-
      A deposited gain, if otherwise taxable income under the law
    applicable to the taxable year in which the gain was realized,
    shall be included in gross income for that taxable year, except for
    purposes of the declared value excess profits tax and the capital
    stock tax, if - 
        (1) the deposited gain is not expended or obligated within the
      appropriate period under section 53310 of this title;
        (2) the deposited gain is withdrawn before the end of that
      period;
        (3) the construction related to that deposited gain has not
      progressed to the extent of 5 percent of completion within the
      appropriate period under section 53310 of this title; or
        (4) the Secretary of Transportation finds and certifies to the
      Secretary of the Treasury that, for causes within the control of
      the taxpayer, the entire construction related to that deposited
      gain is not completed with reasonable dispatch.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1590.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53311          46 App.:1161(i).        June 29, 1936, ch. 858,      
                                            title V, Sec. 511(i), as    
                                            added Oct. 10, 1940, ch.    
                                            849, 54 Stat. 1107; July 17,
                                            1952, ch. 939, Sec. 13(b),  
                                            66 Stat. 764; Pub. L. 97-31,
                                            Sec. 12(92)(A), Aug. 6,     
                                            1981, 95 Stat. 161.         
    --------------------------------------------------------------------

      The last sentence of 46 App. U.S.C. 1161(i) is omitted as
    obsolete.

-End-



-CITE-
    46 USC Sec. 53312                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 533 - CONSTRUCTION RESERVE FUNDS

-HEAD-
    Sec. 53312. Assessment and collection of deficiency tax

-STATUTE-
      Notwithstanding any other provision of law, a deficiency in tax
    for a taxable year resulting from the inclusion of an amount in
    gross income as provided by section 53311 of this title, and the
    amount to be treated as a deficiency under section 53311 instead of
    as an adjustment for the declared value excess profits tax, may be
    assessed or a civil action may be brought to collect the deficiency
    without assessment, at any time. Interest on a deficiency or amount
    to be treated as a deficiency does not begin until the date the
    deposited gain or part of the deposited gain in question is
    required to be included in gross income under section 51111.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1590.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53312          46 App.:1161(j).        June 29, 1936, ch. 858,      
                                            title V, Sec. 511(j), as    
                                            added Oct. 10, 1940, ch.    
                                            849, 54 Stat. 1108.         
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
                 CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS             

-MISC1-
    Sec.                                                     
    53501.      Definitions.                                          
    53502.      Regulations.                                          
    53503.      Establishing a capital construction fund.             
    53504.      Deposits and withdrawals.                             
    53505.      Ceiling on deposits.                                  
    53506.      Investment and fiduciary requirements.                
    53507.      Nontaxation of deposits.                              
    53508.      Separate accounts within a fund.                      
    53509.      Qualified withdrawals.                                
    53510.      Tax treatment of qualified withdrawals and basis of
                 property.                                            
    53511.      Tax treatment of nonqualified withdrawals.            
    53512.      FIFO and LIFO withdrawals.                            
    53513.      Corporate reorganizations and partnership changes.    
    53514.      Relationship of old fund to new fund.                 
    53515.      Records and reports.                                  
    53516.      Termination of agreement after change in regulations. 
    53517.      Reports.                                              

-End-



-CITE-
    46 USC Sec. 53501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53501. Definitions

-STATUTE-
      In this chapter:
        (1) Agreement vessel. - The term "agreement vessel" means - 
          (A) an eligible vessel or a qualified vessel that is subject
        to an agreement under this chapter; and
          (B) a barge or container that is part of the complement of a
        vessel described in subparagraph (A) if provided for in the
        agreement.

        (2) Eligible vessel. - The term "eligible vessel" means - 
          (A) a vessel - 
            (i) constructed in the United States (and, if
          reconstructed, reconstructed in the United States),
          constructed outside the United States but documented under
          the laws of the United States on April 15, 1970, or
          constructed outside the United States for use in the United
          States foreign trade pursuant to a contract made before April
          15, 1970;
            (ii) documented under the laws of the United States; and
            (iii) operated in the foreign or domestic trade of the
          United States or in the fisheries of the United States; and

          (B) a commercial fishing vessel - 
            (i) constructed in the United States and, if reconstructed,
          reconstructed in the United States;
            (ii) of at least 2 net tons but less than 5 net tons;
            (iii) owned by a citizen of the United States;
            (iv) having its home port in the United States; and
            (v) operated in the commercial fisheries of the United
          States.

        (3) Joint regulations. - The term "joint regulations" means
      regulations prescribed jointly by the Secretary and the Secretary
      of the Treasury under section 53502(b) of this title.
        (4) Noncontiguous trade. - The term "noncontiguous trade" means
      - 
          (A) trade between - 
            (i) one of the contiguous 48 States; and
            (ii) Alaska, Hawaii, Puerto Rico, or an insular territory
          or possession of the United States; and

          (B) trade between - 
            (i) a place in Alaska, Hawaii, Puerto Rico, or an insular
          territory or possession of the United States; and
            (ii) another place in Alaska, Hawaii, Puerto Rico, or an
          insular territory or possession of the United States.

        (5) Qualified vessel. - The term "qualified vessel" means - 
          (A) a vessel - 
            (i) constructed in the United States (and, if
          reconstructed, reconstructed in the United States),
          constructed outside the United States but documented under
          the laws of the United States on April 15, 1970, or
          constructed outside the United States for use in the United
          States foreign trade pursuant to a contract made before April
          15, 1970;
            (ii) documented under the laws of the United States; and
            (iii) agreed, between the Secretary and the person
          maintaining the capital construction fund established under
          section 53503 of this title, to be operated in the United
          States foreign, Great Lakes, or noncontiguous domestic trade
          or in the fisheries of the United States; and

          (B) a commercial fishing vessel - 
            (i) constructed in the United States and, if reconstructed,
          reconstructed in the United States;
            (ii) of at least 2 net tons but less than 5 net tons;
            (iii) owned by a citizen of the United States;
            (iv) having its home port in the United States; and
            (v) operated in the commercial fisheries of the United
          States.

        (6) Secretary. - The term "Secretary" means - 
          (A) the Secretary of Commerce with respect to an eligible
        vessel or a qualified vessel operated or to be operated in the
        fisheries of the United States; and
          (B) the Secretary of Transportation with respect to other
        vessels.

        (7) United states foreign trade. - The term "United States
      foreign trade" includes those areas in domestic trade in which a
      vessel built with a construction-differential subsidy is allowed
      to operate under the first sentence of section 506 of the
      Merchant Marine Act, 1936.
        (8) Vessel. - The term "vessel" includes - 
          (A) cargo handling equipment that the Secretary determines is
        intended for use primarily on the vessel; and
          (B) an ocean-going towing vessel, an ocean-going barge, or a
        comparable towing vessel or barge operated on the Great Lakes.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1591.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53501(1)       46 App.:1177(b)(3),     June 29, 1936, ch. 858,      
                    (k)(3).                 title VI, Sec. 607(b)(3),   
                                            (k)(1)-(3), (5)-(9), 49     
                                            Stat. 2005; June 23, 1938,  
                                            ch. 600, Secs. 23-28, 52    
                                            Stat. 960; Aug. 4, 1939, ch.
                                            417, Sec. 10, 53 Stat. 1185;
                                            July 17, 1952, ch. 939,     
                                            Secs. 17-19, 66 Stat. 764;  
                                            Pub. L. 85-637, Aug. 14,    
                                            1958, 72 Stat. 216; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            87-45, Sec. 6, May 27, 1961,
                                            75 Stat. 91; Pub. L. 87-271,
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1027, 1031,  
                                            1032; Pub. L. 93-116, Oct.  
                                            1, 1973, 87 Stat. 421; Pub. 
                                            L. 97-31, Sec. 12(97), Aug. 
                                            6, 1981, 95 Stat. 162.      
    53501(2)       46 App.:1177(k)(1).                                  
                   46 App.:1177-1.         Pub. L. 94-455, title VIII,  
                                            Sec. 807, Oct. 4, 1976, 90  
                                            Stat. 1606.                 
    53501(3)       46 App.:1177(k)(6).                                  
    53501(4)       46 App.:1177(k)(8).                                  
    53501(5)       46 App.:1177(k)(1)                                   
                    (last sentence),                                    
                    (2).                                                
                   46 App.:1177-1.                                      
    53501(6)       46 App.:1177(k)(9).                                  
    53501(7)       46 App.:1177(k)(5).                                  
    53501(8)       46 App.:1177(k)(7).                                  
    --------------------------------------------------------------------

      The codification of the laws in this chapter is not intended to
    alter the existing jurisdictional relationship of the Secretaries
    who administer those laws.
      In paragraph (2)(A)(iii), the word "trade" is substituted for
    "commerce" for consistency in the chapter.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 506 of the Merchant Marine Act, 1936, referred to in par.
    (7), is section 506 of act June 29, 1936, ch. 858, 49 Stat. 1985,
    which is set out as a note under section 53101 of this title.

-End-



-CITE-
    46 USC Sec. 53502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53502. Regulations

-STATUTE-
      (a) In General. - Except as provided in subsection (b), the
    Secretary shall prescribe regulations to carry out this chapter.
      (b) Tax Liability. - The Secretary and the Secretary of the
    Treasury shall prescribe joint regulations for the determination of
    tax liability under this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1593.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53502          46 App.:1177(l) (2d     June 29, 1936, ch. 858,      
                    sentence).              title VI, Sec. 607(l) (2d   
                                            sentence), 49 Stat. 2005;   
                                            June 23, 1938, ch. 600,     
                                            Secs. 23-28, 52 Stat. 960;  
                                            Aug. 4, 1939, ch. 417, Sec. 
                                            10, 53 Stat. 1185; July 17, 
                                            1952, ch. 939, Secs. 17-19, 
                                            66 Stat. 764; Pub. L.       
                                            85-637, Aug. 14, 1958, 72   
                                            Stat. 216; Pub. L. 86-518,  
                                            Sec. 1, June 12, 1960, 74   
                                            Stat. 216; Pub. L. 87-45,   
                                            Sec. 6, May 27, 1961, 75    
                                            Stat. 91; Pub. L. 87-271,   
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1032; Pub. L.
                                            97-31, Sec. 12(97)(A), Aug. 
                                            6, 1981, 95 Stat. 162.      
    --------------------------------------------------------------------

      Subsection (a) is added for clarity because various provisions of
    the source language for this chapter imply that the Secretary is to
    prescribe regulations individually (except for regulations
    affecting a determination of tax liability). See, e.g., 46 App.
    U.S.C. 1177(a) (last sentence), (f)(1) (last sentence), and (l)
    (last sentence).
      In subsection (b), the words "not inconsistent with the foregoing
    provisions of this section, as may be necessary or appropriate" are
    omitted as surplus.

-End-



-CITE-
    46 USC Sec. 53503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53503. Establishing a capital construction fund

-STATUTE-
      (a) In General. - A citizen of the United States owning or
    leasing an eligible vessel may make an agreement with the Secretary
    under this chapter to establish a capital construction fund for the
    vessel.
      (b) Allowable Purpose. - The purpose of the agreement shall be to
    provide replacement vessels, additional vessels, or reconstructed
    vessels, built in the United States and documented under the laws
    of the United States, for operation in the United States foreign,
    Great Lakes, or noncontiguous domestic trade or in the fisheries of
    the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1593.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53503(a)       46 App.:1177(a)         June 29, 1936, ch. 858,      
                    (1st sentence).         title VI, Sec. 607(a) (1st  
                                            sentence), (2d sentence     
                                            related to purpose), 49     
                                            Stat. 2005; June 23, 1938,  
                                            ch. 600, Secs. 23-28, 52    
                                            Stat. 960; Aug. 4, 1939, ch.
                                            417, Sec. 10, 53 Stat. 1185;
                                            July 17, 1952, ch. 939,     
                                            Secs. 17-19, 66 Stat. 764;  
                                            Pub. L. 85-637, Aug. 14,    
                                            1958, 72 Stat. 216; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            87-45, Sec. 6, May 27, 1961,
                                            75 Stat. 91; Pub. L. 87-271,
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1026; Pub. L.
                                            97-31, Sec. 12(97)(A), Aug. 
                                            6, 1981, 95 Stat. 162.      
    53503(b)       46 App.:1177(a) (2d                                  
                    sentence related to                                 
                    purpose).                                           
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53504. Deposits and withdrawals

-STATUTE-
      (a) Required Deposits. - An agreement to establish a capital
    construction fund shall provide for the deposit in the fund of the
    amounts agreed to be appropriate to provide for qualified
    withdrawals under section 53509 of this title.
      (b) Applicable Requirements. - Deposits in and withdrawals from
    the fund are subject to the requirements included in the agreement
    or prescribed by the Secretary by regulation. However, the
    Secretary may not require a person to deposit in the fund for a
    taxable year more than 50 percent of that portion of the person's
    taxable income for that year (as determined under section
    53505(a)(1) of this title) that is attributable to the operation of
    an agreement vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1593.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53504(a)       46 App.:1177(a) (2d     June 29, 1936, ch. 858,      
                    sentence related to     title VI, Sec. 607(a) (2d   
                    deposits).              sentence related to         
                                            deposits), (last sentence), 
                                            49 Stat. 2005; June 23,     
                                            1938, ch. 600, Secs. 23-28, 
                                            52 Stat. 960; Aug. 4, 1939, 
                                            ch. 417, Sec. 10, 53 Stat.  
                                            1185; July 17, 1952, ch.    
                                            939, Secs. 17-19, 66 Stat.  
                                            764; Pub. L. 85-637, Aug.   
                                            14, 1958, 72 Stat. 216; Pub.
                                            L. 86-518, Sec. 1, June 12, 
                                            1960, 74 Stat. 216; Pub. L. 
                                            87-45, Sec. 6, May 27, 1961,
                                            75 Stat. 91; Pub. L. 87-271,
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1026; Pub. L.
                                            97-31, Sec. 12(97)(A), Aug. 
                                            6, 1981, 95 Stat. 162.      
    53504(b)       46 App.:1177(a)                                      
                    (last sentence).                                    
    --------------------------------------------------------------------

      In subsection (a), the words "agreed to be appropriate" are
    substituted for "agreed upon as necessary or appropriate" to
    eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 53505                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53505. Ceiling on deposits

-STATUTE-
      (a) Maximum Deposits. - The amount deposited in a capital
    construction fund for a taxable year may not exceed the sum of - 
        (1) that portion of the taxable income of the owner or lessee
      for the taxable year (computed under chapter 1 of the Internal
      Revenue Code of 1986 (26 U.S.C. ch. 1) but without regard to the
      carryback of net operating loss or net capital loss or this
      chapter) that is attributable to the operation of agreement
      vessels in the foreign or domestic trade of the United States or
      in the fisheries of the United States;
        (2) the amount allowable as a deduction under section 167 of
      such Code (26 U.S.C. 167) for the taxable year for agreement
      vessels;
        (3) if the transaction is not taken into account for purposes
      of paragraph (1), the net proceeds (as defined in joint
      regulations) from the disposition of an agreement vessel or from
      insurance or indemnity attributable to an agreement vessel; and
        (4) the receipts from the investment or reinvestment of amounts
      held in the fund.

      (b) Reductions for Lessees. - For a lessee, the maximum amount
    that may be deposited for an agreement vessel under subsection
    (a)(2) for any period shall be reduced by any amount the owner is
    required or permitted, under the capital construction fund
    agreement, to deposit for that period for the vessel under
    subsection (a)(2).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1593.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53505          46 App.:1177(b)(1),     June 29, 1936, ch. 858,      
                    (2).                    title VI, Sec. 607(b)(1),   
                                            (2), 49 Stat. 2005; June 23,
                                            1938, ch. 600, Secs. 23-28, 
                                            52 Stat. 960; Aug. 4, 1939, 
                                            ch. 417, Sec. 10, 53 Stat.  
                                            1185; July 17, 1952, ch.    
                                            939, Secs. 17-19, 66 Stat.  
                                            764; Pub. L. 85-637, Aug.   
                                            14, 1958, 72 Stat. 216; Pub.
                                            L. 86-518, Sec. 1, June 12, 
                                            1960, 74 Stat. 216; Pub. L. 
                                            87-45, Sec. 6, May 27, 1961,
                                            75 Stat. 91; Pub. L. 87-271,
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1027.        
    --------------------------------------------------------------------

      In subsection (a)(1), the word "trade" is substituted for
    "commerce" for consistency in the chapter.

-End-



-CITE-
    46 USC Sec. 53506                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53506. Investment and fiduciary requirements

-STATUTE-
      (a) In General. - Amounts in a capital construction fund shall be
    kept in the depository specified in the agreement and shall be
    subject to trustee and other fiduciary requirements prescribed by
    the Secretary. Except as provided in subsection (b), amounts in the
    fund may be invested only in interest-bearing securities approved
    by the Secretary.
      (b) Stock Investments. - 
        (1) In general. - With the approval of the Secretary, an agreed
      percentage (but not more than 60 percent) of the assets of the
      fund may be invested in the stock of domestic corporations that -
      
          (A) is fully listed and registered on an exchange registered
        with the Securities and Exchange Commission as a national
        securities exchange; and
          (B) would be acquired by a prudent investor seeking a
        reasonable income and the preservation of capital.

        (2) Preferred stock. - The preferred stock of a corporation is
      deemed to satisfy the requirements of this subsection, even
      though it may not be registered and listed because it is
      nonvoting stock, if the common stock of the corporation satisfies
      the requirements and the preferred stock otherwise would satisfy
      the requirements.

      (c) Maintaining Agreed Percentage. - If at any time the fair
    market value of the stock in the fund is more than the agreed
    percentage of the assets in the fund, any subsequent investment of
    amounts deposited in the fund, and any subsequent withdrawal from
    the fund, shall be made in a way that tends to restore the fair
    market value of the stock to not more than the agreed percentage.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1594.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53506          46 App.:1177(c).        June 29, 1936, ch. 858,      
                                            title VI, Sec. 607(c), 49   
                                            Stat. 2005; June 23, 1938,  
                                            ch. 600, Secs. 23-28, 52    
                                            Stat. 960; Aug. 4, 1939, ch.
                                            417, Sec. 10, 53 Stat. 1185;
                                            July 17, 1952, ch. 939,     
                                            Secs. 17-19, 66 Stat. 764;  
                                            Pub. L. 85-637, Aug. 14,    
                                            1958, 72 Stat. 216; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            87-45, Sec. 6, May 27, 1961,
                                            75 Stat. 91; Pub. L. 87-271,
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1027; Pub. L.
                                            97-31, Sec. 12(97)(A), Aug. 
                                            6, 1981, 95 Stat. 162.      
    --------------------------------------------------------------------

      In subsection (b)(1)(B), the words "prudent investor" are
    substituted for "prudent men of discretion and intelligence in such
    matters" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 53507                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53507. Nontaxation of deposits

-STATUTE-
      (a) Tax Treatment. - Subject to subsection (b), under the
    Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) - 
        (1) taxable income (determined without regard to this chapter
      and section 7518 of such Code (26 U.S.C. 7518)) for the taxable
      year shall be reduced by the amount deposited for the taxable
      year out of amounts referred to in section 53505(a)(1) of this
      title;
        (2) a gain from a transaction referred to in section
      53505(a)(3) of this title shall not be taken into account if an
      amount equal to the net proceeds (as defined in joint
      regulations) from the transaction is deposited in the fund;
        (3) the earnings (including gains and losses) from the
      investment and reinvestment of amounts held in the fund shall not
      be taken into account;
        (4) the earnings and profits of a corporation (within the
      meaning of section 316 of such Code (26 U.S.C. 316)) shall be
      determined without regard to this chapter and section 7518 of
      such Code (26 U.S.C. 7518); and
        (5) in applying the tax imposed by section 531 of such Code (26
      U.S.C. 531), amounts held in the fund shall not be taken into
      account.

      (b) Condition. - This section applies to an amount only if the
    amount is deposited in the fund under the agreement within the time
    provided in joint regulations.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1594.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53507          46 App.:1177(d).        June 29, 1936, ch. 858,      
                                            title VI, Sec. 607(d), 49   
                                            Stat. 2005; June 23, 1938,  
                                            ch. 600, Secs. 23-28, 52    
                                            Stat. 960; Aug. 4, 1939, ch.
                                            417, Sec. 10, 53 Stat. 1185;
                                            July 17, 1952, ch. 939,     
                                            Secs. 17-19, 66 Stat. 764;  
                                            Pub. L. 85-637, Aug. 14,    
                                            1958, 72 Stat. 216; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            87-45, Sec. 6, May 27, 1961,
                                            75 Stat. 91; Pub. L. 87-271,
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1028; Pub. L.
                                            99-514, title II, Sec.      
                                            261(e)(1), (2), Oct. 22,    
                                            1986, 100 Stat. 2215.       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53508                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53508. Separate accounts within a fund

-STATUTE-
      (a) In General. - A capital construction fund shall have three
    accounts:
        (1) The capital account.
        (2) The capital gain account.
        (3) The ordinary income account.

      (b) Capital Account. - The capital account shall consist of - 
        (1) amounts referred to in section 53505(a)(2) of this title;
        (2) amounts referred to in section 53505(a)(3) of this title,
      except that portion representing a gain not taken into account
      because of section 53507(a)(2) of this title;
        (3) the percentage applicable under section 243(a)(1) of the
      Internal Revenue Code of 1986 (26 U.S.C. 243(a)(1)) of any
      dividend received by the fund for which the person maintaining
      the fund would be allowed (were it not for section 53507(a)(3) of
      this title) a deduction under section 243 of such Code (26 U.S.C.
      243); and
        (4) interest income exempt from taxation under section 103 of
      such Code (26 U.S.C. 103).

      (c) Capital Gain Account. - The capital gain account shall
    consist of - 
        (1) amounts representing capital gains on assets held for more
      than 6 months and referred to in section 53505(a)(3) or (4) of
      this title; minus
        (2) amounts representing capital losses on assets held in the
      fund for more than 6 months.

      (d) Ordinary Income Account. - The ordinary income account shall
    consist of - 
        (1) amounts referred to in section 53505(a)(1) of this title;
        (2)(A) amounts representing capital gains on assets held for
      not more than 6 months and referred to in section 53505(a)(3) or
      (4) of this title; minus
        (B) amounts representing capital losses on assets held in the
      fund for not more than 6 months;
        (3) interest (except tax-exempt interest referred to in
      subsection (b)(4)) and other ordinary income (except any dividend
      referred to in paragraph (5)) received on assets held in the
      fund;
        (4) ordinary income from a transaction described in section
      53505(a)(3) of this title; and
        (5) that portion of any dividend referred to in subsection
      (b)(3) not taken into account under subsection (b)(3).

      (e) When Losses Allowed. - Except on termination of a fund,
    capital losses referred to in subsection (c) or (d)(2) shall be
    allowed only as an offset to gains referred to in subsection (c) or
    (d)(2), respectively.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1595.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53508          46 App.:1177(e).        June 29, 1936, ch. 858,      
                                            title VI, Sec. 607(e), 49   
                                            Stat. 2005; June 23, 1938,  
                                            ch. 600, Secs. 23-28, 52    
                                            Stat. 960; Aug. 4, 1939, ch.
                                            417, Sec. 10, 53 Stat. 1185;
                                            July 17, 1952, ch. 939,     
                                            Secs. 17-19, 66 Stat. 764;  
                                            Pub. L. 85-637, Aug. 14,    
                                            1958, 72 Stat. 216; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            87-45, Sec. 6, May 27, 1961,
                                            75 Stat. 91; Pub. L. 87-271,
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1028; Pub. L.
                                            99-514, title II, Sec.      
                                            261(e)(3), (4), Oct. 22,    
                                            1986, 100 Stat. 2215.       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53509                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53509. Qualified withdrawals

-STATUTE-
      (a) In General. - Subject to subsection (b), a withdrawal from a
    capital construction fund is a qualified withdrawal if it is made
    under the terms of the agreement and is for - 
        (1) the acquisition, construction, or reconstruction of a
      qualified vessel or a barge or container that is part of the
      complement of a qualified vessel; or
        (2) the payment of the principal on indebtedness incurred in
      the acquisition, construction, or reconstruction of a qualified
      vessel or a barge or container that is part of the complement of
      a qualified vessel.

      (b) Barges and Containers. - Except as provided in regulations
    prescribed by the Secretary, subsection (a) applies to a barge or
    container only if it is constructed in the United States.
      (c) Treatment as Nonqualified Withdrawal. - Under joint
    regulations, if the Secretary determines that a substantial
    obligation under an agreement is not being fulfilled, the
    Secretary, after notice and opportunity for a hearing to the person
    maintaining the fund, may treat any amount in the fund as an amount
    withdrawn from the fund in a nonqualified withdrawal.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1596.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53509          46 App.:1177(f).        June 29, 1936, ch. 858,      
                                            title VI, Sec. 607(f), 49   
                                            Stat. 2005; June 23, 1938,  
                                            ch. 600, Secs. 23-28, 52    
                                            Stat. 960; Aug. 4, 1939, ch.
                                            417, Sec. 10, 53 Stat. 1185;
                                            July 17, 1952, ch. 939,     
                                            Secs. 17-19, 66 Stat. 764;  
                                            Pub. L. 85-637, Aug. 14,    
                                            1958, 72 Stat. 216; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            87-45, Sec. 6, May 27, 1961,
                                            75 Stat. 91; Pub. L. 87-271,
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1029; Pub. L.
                                            97-31, Sec. 12(97)(A), Aug. 
                                            6, 1981, 95 Stat. 162.      
    --------------------------------------------------------------------

      In subsection (c), the words "any amount in the fund" are
    substituted for "the entire fund or any portion thereof" to
    eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 53510                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53510. Tax treatment of qualified withdrawals and basis of
      property

-STATUTE-
      (a) Order of Withdrawals. - A qualified withdrawal from a capital
    construction fund shall be treated as made - 
        (1) first from the capital account;
        (2) second from the capital gain account; and
        (3) third from the ordinary income account.

      (b) Ordinary Income Account Withdrawals. - If a portion of a
    qualified withdrawal for a vessel, barge, or container is made from
    the ordinary income account, the basis of the vessel, barge, or
    container shall be reduced by an amount equal to that portion.
      (c) Capital Gain Account Withdrawals. - If a portion of a
    qualified withdrawal for a vessel, barge, or container is made from
    the capital gain account, the basis of the vessel, barge, or
    container shall be reduced by an amount equal to that portion.
      (d) Withdrawals To Pay Principal. - If a portion of a qualified
    withdrawal to pay the principal on indebtedness is made from the
    ordinary income account or the capital gain account, an amount
    equal to the total reduction that would be required by subsections
    (b) and (c) if the withdrawal were a qualified withdrawal for a
    purpose described in those subsections shall be applied, in the
    order provided in joint regulations, to reduce the basis of
    vessels, barges, and containers owned by the person maintaining the
    fund. The remaining amount of the withdrawal shall be treated as a
    nonqualified withdrawal.
      (e) Gain on Property With Reduced Basis. - If property, the basis
    of which was reduced under subsection (b), (c), or (d), is disposed
    of, any gain realized on the disposition, to the extent it does not
    exceed the total reduction in the basis of the property under those
    subsections, shall be treated as an amount referred to in section
    53511(c)(1) of this title withdrawn on the date of disposition of
    the property. Subject to conditions prescribed in joint
    regulations, this subsection does not apply to a disposition if
    there is a redeposit, in an amount determined under joint
    regulations, that restores the fund as far as practicable to the
    position it was in before the withdrawal.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1596.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53510          46 App.:1177(g).        June 29, 1936, ch. 858,      
                                            title VI, Sec. 607(g); 49   
                                            Stat. 2005; June 23, 1938,  
                                            ch. 600, Secs. 23-28, 52    
                                            Stat. 960; Aug. 4, 1939, ch.
                                            417, Sec. 10, 53 Stat. 1185;
                                            July 17, 1952, ch. 939,     
                                            Secs. 17-19, 66 Stat. 764;  
                                            Pub. L. 85-637, Aug. 14,    
                                            1958, 72 Stat. 216; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            87-45, Sec. 6, May 27, 1961,
                                            75 Stat. 91; Pub. L. 87-271,
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1029; Pub. L.
                                            99-514, title II, Sec.      
                                            261(e)(5), Oct. 22, 1986,   
                                            100 Stat. 2215.             
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53511                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53511. Tax treatment of nonqualified withdrawals

-STATUTE-
      (a) In General. - Except as provided in section 53513 of this
    title, a withdrawal from a fund that is not a qualified withdrawal
    shall be treated as a nonqualified withdrawal.
      (b) Order of Withdrawals. - A nonqualified withdrawal shall be
    treated as made - 
        (1) first from the ordinary income account;
        (2) second from the capital gain account; and
        (3) third from the capital account.

      (c) Tax Treatment. - For purposes of the Internal Revenue Code of
    1986 (26 U.S.C. 1 et seq.) - 
        (1) a nonqualified withdrawal from the ordinary income account
      shall be included in income as an item of ordinary income for the
      taxable year in which the withdrawal is made;
        (2) a nonqualified withdrawal from the capital gain account
      shall be included in income for the taxable year in which the
      withdrawal is made as an item of gain realized during that year
      from the disposition of an asset held for more than 6 months; and
        (3) for the period through the last date prescribed for payment
      of tax for the taxable year in which the withdrawal is made - 
          (A) no interest shall be payable under section 6601 of such
        Code (26 U.S.C. 6601) and no addition to the tax shall be
        payable under section 6651 of such Code (26 U.S.C. 6651);
          (B) interest on the amount of the additional tax attributable
        to an amount treated as a nonqualified withdrawal from the
        ordinary income account or the capital gain account shall be
        paid at the rate determined under subsection (d) from the last
        date prescribed for payment of the tax for the taxable year for
        which the amount was deposited in the fund; and
          (C) no interest shall be payable on amounts treated as
        withdrawn on a last-in-first-out basis under section 53512 of
        this title.

      (d) Interest Rate. - The rate of interest under subsection
    (c)(3)(B) for a nonqualified withdrawal made in a taxable year
    beginning after 1971 shall be determined and published jointly by
    the Secretary and the Secretary of the Treasury. The rate shall be
    such that its relationship to 8 percent is comparable, as
    determined by the Secretaries under joint regulations, to the
    relationship between - 
        (1) the money rates and investment yields for the calendar year
      immediately before the beginning of the taxable year; and
        (2) the money rates and investment yields for the calendar year
      1970.

      (e) Nonqualified Withdrawals. - 
        (1) In general. - The following applicable percentage of any
      amount that remains in a capital construction fund at the close
      of the following specified taxable year following the taxable
      year for which the amount was deposited shall be treated as a
      nonqualified withdrawal:


-MISC1-
    If the amount remains in the fund at                     The
                                                              applicable 
      the close of the -                                     percentage
                                                              is -       

         26th taxable year                            20 percent            
         27th taxable year                            40 percent            
         28th taxable year                            60 percent            
         29th taxable year                            80 percent            
         30th taxable year                            100 percent.          

        (2) Earnings. - The earnings of a capital construction fund for
      any taxable year (except net gains) shall be treated under this
      subsection as an amount deposited for the taxable year.
        (3) Contract for qualified withdrawal. - Under paragraph (1),
      an amount shall not be treated as remaining in a capital
      construction fund at the close of a taxable year to the extent
      there is a binding contract at the close of the taxable year for
      a qualified withdrawal of the amount for an identified item for
      which the withdrawal may be made.
        (4) Excess earnings. - If the Secretary determines that the
      balance in a capital construction fund exceeds the amount
      appropriate to meet the vessel construction program objectives of
      the person that established the fund, the amount of the excess
      shall be treated as a nonqualified withdrawal under paragraph (1)
      unless the person develops appropriate program objectives within
      3 years to dissipate the excess.
        (5) Amounts in fund on january 1, 1987. - Under this
      subsection, amounts in a capital construction fund on January 1,
      1987, shall be treated as having been deposited in that fund on
      that date.

      (f) Tax Determinations. - 
        (1) In general. - For a taxable year for which there is a
      nonqualified withdrawal (including an amount treated as a
      nonqualified withdrawal under subsection (e)), the tax imposed by
      chapter 1 of the Internal Revenue Code of 1986 (26 U.S.C. ch. 1)
      shall be determined by - 
          (A) excluding the withdrawal from gross income; and
          (B) increasing the tax imposed by chapter 1 of such Code by
        the product of the amount of the withdrawal and the highest tax
        rate specified in section 1 (or section 11 for a corporation)
        of such Code (26 U.S.C. 1, 11).

        (2) Maximum tax rate. - For that portion of a nonqualified
      withdrawal made from the capital gain account during a taxable
      year to which section 1(h) or 1201(a) of such Code (26 U.S.C.
      1(h), 1201(a)) applies, the tax rate used under paragraph (1)(B)
      may not exceed 15 percent (or 34 percent for a corporation).
        (3) Tax benefit rule. - If any portion of a nonqualified
      withdrawal is properly attributable to deposits (except earnings
      on deposits) made by the taxpayer in a taxable year that did not
      reduce the taxpayer's liability for tax under chapter 1 of such
      Code (26 U.S.C. ch. 1) for a taxable year before the taxable year
      in which the withdrawal occurs - 
          (A) that portion shall not be taken into account under
        paragraph (1); and
          (B) an amount equal to that portion shall be allowed as a
        deduction under section 172 of such Code (26 U.S.C. 172) for
        the taxable year in which the withdrawal occurs.

        (4) Coordination with deduction for net operating losses. - A
      nonqualified withdrawal excluded from gross income under
      paragraph (1) shall be excluded in determining taxable income
      under section 172(b)(2) of such Code (26 U.S.C. 172(b)(2)).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1597.)


-STATAMEND-
                      AMENDMENT OF SUBSECTION (F)(2)                  
      Subsection (f)(2) of this section was derived from the last
    paragraph of section 1177(h)(6)(A) of the former Appendix to this
    title, which was amended by section 301(a)(2)(E) of Pub. L. 108-27
    by substituting "15 percent" for "20 percent". Section 303 of Pub.
    L. 108-27, as amended by section 102 of Pub. L. 109-222, set out as
    an Effective and Termination Dates of 2003 Amendment note under
    section 1 of Title 26, Internal Revenue Code, provided that such
    amendment shall not apply to taxable years beginning after December
    31, 2010, and that the Internal Revenue Code of 1986 shall be
    applied and administered to such years as if the amendment had
    never been enacted. For applicability of section 303 of Pub. L. 108-
    27 to subsection (f)(2) of this section, see section 18(c), (d) of
    Pub. L. 109-304, set out as a note preceding section 101 of this
    title.



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53511          46 App.:1177(h)         June 29, 1936, ch. 858,      
                    (less (2) (last         title VI, Sec. 607(h) (less 
                    sentence)).             (2) (last sentence)), 49    
                                            Stat. 2005; June 23, 1938,  
                                            ch. 600, Secs. 23-28, 52    
                                            Stat. 960; Aug. 4, 1939, ch.
                                            417, Sec. 10, 53 Stat. 1185;
                                            July 17, 1952, ch. 939,     
                                            Secs. 17-19, 66 Stat. 764;  
                                            Pub. L. 85-637, Aug. 14,    
                                            1958, 72 Stat. 216; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            87-45, Sec. 6, May 27, 1961,
                                            75 Stat. 91; Pub. L. 87-271,
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1030; Pub. L.
                                            97-31, Sec. 12(97)(A), Aug. 
                                            6, 1981, 95 Stat. 162; Pub. 
                                            L. 99-514, title II, Sec.   
                                            261(e)(6), Oct. 22, 1986,   
                                            100 Stat. 2215; Pub. L.     
                                            100-647, title I, Sec.      
                                            1002(m)(2), Nov. 10, 1988,  
                                            102 Stat. 3382; Pub. L.     
                                            101-508, title XI, Sec.     
                                            11101(d)(7)(B), Nov. 5,     
                                            1990, 104 Stat. 1388-405;   
                                            Pub. L. 105-34, title III,  
                                            Sec. 311(c)(2), Aug. 5,     
                                            1997, 111 Stat. 835; Pub. L.
                                            108-27, title III, Sec.     
                                            301(a)(2)(E), May 28, 2003, 
                                            117 Stat. 758.              
    --------------------------------------------------------------------

      In subsection (c)(3)(C), the words "or in the case of any
    nonqualified withdrawal arising from the application of the
    recapture provision of section 1176(5) of this Appendix as in
    effect on December 31, 1969" are omitted as obsolete.
      In subsection (d), the words "made in a taxable year beginning in
    1970 or 1971 is 8 percent" are omitted as obsolete.

-End-



-CITE-
    46 USC Sec. 53512                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53512. FIFO and LIFO withdrawals

-STATUTE-
      (a) FIFO. - Except as provided in subsection (b), an amount
    withdrawn from an account under this chapter shall be treated as
    withdrawn on a first-in-first-out basis.
      (b) LIFO. - An amount withdrawn from an account under this
    chapter shall be treated as withdrawn on a last-in-first-out basis
    if it is - 
        (1) a nonqualified withdrawal for research, development, and
      design expenses incident to new and advanced vessel design,
      machinery, and equipment; or
        (2) an amount treated as a nonqualified withdrawal under
      section 53510(d) of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1599.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53512          46 App.:1177(h)(2)      June 29, 1936, ch. 858,      
                    (last sentence).        title VI, Sec. 607(h)(2)    
                                            (last sentence), 49 Stat.   
                                            2005; June 23, 1938, ch.    
                                            600, Secs. 23-28, 52 Stat.  
                                            960; Aug. 4, 1939, ch. 417, 
                                            Sec. 10, 53 Stat. 1185; July
                                            17, 1952, ch. 939, Secs.    
                                            17-19, 66 Stat. 764; Pub. L.
                                            85-637, Aug. 14, 1958, 72   
                                            Stat. 216; Pub. L. 86-518,  
                                            Sec. 1, June 12, 1960, 74   
                                            Stat. 216; Pub. L. 87-45,   
                                            Sec. 6, May 27, 1961, 75    
                                            Stat. 91; Pub. L. 87-271,   
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1030.        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53513                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53513. Corporate reorganizations and partnership changes

-STATUTE-
      Under joint regulations - 
        (1) a transfer of a capital construction fund from one person
      to another person in a transaction to which section 381 of the
      Internal Revenue Code of 1986 (26 U.S.C. 381) applies may be
      treated as if the transaction is not a nonqualified withdrawal;
      and
        (2) a similar rule shall be applied to a continuation of a
      partnership (within the meaning of subchapter K of chapter 1 of
      such Code (26 U.S.C. 701 et seq.)).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1599.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53513          46 App.:1177(i).        June 29, 1936, ch. 858,      
                                            title VI, Sec. 607(i), 49   
                                            Stat. 2005; June 23, 1938,  
                                            ch. 600, Secs. 23-28, 52    
                                            Stat. 960; Aug. 4, 1939, ch.
                                            417, Sec. 10, 53 Stat. 1185;
                                            July 17, 1952, ch. 939,     
                                            Secs. 17-19, 66 Stat. 764;  
                                            Pub. L. 85-637, Aug. 14,    
                                            1958, 72 Stat. 216; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            87-45, Sec. 6, May 27, 1961,
                                            75 Stat. 91; Pub. L. 87-271,
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1031.        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53514                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53514. Relationship of old fund to new fund

-STATUTE-
      (a) Definition. - In this section, the term "old fund" means a
    capital construction fund maintained before October 21, 1970.
      (b) Election To Maintain Old Fund. - A person maintaining an old
    fund may elect to continue the old fund, but may not - 
        (1) hold amounts in the old fund beyond the expiration date
      provided in the agreement under which the old fund is maintained
      (determined without regard to an extension or renewal made after
      April 14, 1970); or
        (2) maintain simultaneously the old fund and a new fund
      established under this chapter.

      (c) Application of New Fund Agreement to Old Fund Amounts. - If a
    person makes an agreement under this chapter to establish a new
    fund, the person may agree to extend the agreement to some or all
    of the amounts in an old fund. Each item in the old fund to be
    transferred shall be transferred in a nontaxable transaction to the
    appropriate account in the new fund. For purposes of section
    53511(c)(3) of this title, the date of the deposit of an item so
    transferred shall be July 1, 1971, or the date of the deposit in
    the old fund, whichever is later.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1599.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53514          46 App.:1177(j).        June 29, 1936, ch. 858,      
                                            title VI, Sec. 607(j), 49   
                                            Stat. 2005; June 23, 1938,  
                                            ch. 600, Secs. 23-28, 52    
                                            Stat. 960; Aug. 4, 1939, ch.
                                            417, Sec. 10, 53 Stat. 1185;
                                            July 17, 1952, ch. 939,     
                                            Secs. 17-19, 66 Stat. 764;  
                                            Pub. L. 85-637, Aug. 14,    
                                            1958, 72 Stat. 216; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            87-45, Sec. 6, May 27, 1961,
                                            75 Stat. 91; Pub. L. 87-271,
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1031.        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53515                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53515. Records and reports

-STATUTE-
      A person maintaining a fund under this chapter shall keep records
    and make reports as required by the Secretary or the Secretary of
    the Treasury.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1599.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53515          46 App.:1177(l)         June 29, 1936, ch. 858,      
                    (1st sentence).         title VI, Sec. 607(l) (1st  
                                            sentence), 49 Stat. 2005;   
                                            June 23, 1938, ch. 600,     
                                            Secs. 23-28, 52 Stat. 960;  
                                            Aug. 4, 1939, ch. 417, Sec. 
                                            10, 53 Stat. 1185; July 17, 
                                            1952, ch. 939, Secs. 17-19, 
                                            66 Stat. 764; Pub. L.       
                                            85-637, Aug. 14, 1958, 72   
                                            Stat. 216; Pub. L. 86-518,  
                                            Sec. 1, June 12, 1960, 74   
                                            Stat. 216; Pub. L. 87-45,   
                                            Sec. 6, May 27, 1961, 75    
                                            Stat. 91; Pub. L. 87-271,   
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1032; Pub. L.
                                            97-31, Sec. 12(97)(A), Aug. 
                                            6, 1981, 95 Stat. 162.      
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53516                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53516. Termination of agreement after change in regulations

-STATUTE-
      If, after an agreement has been made under this chapter, a change
    is made either in the joint regulations or in the regulations
    prescribed by the Secretary under this chapter that could have a
    substantial effect on the rights or duties of a person maintaining
    a fund under this chapter, that person may terminate the agreement.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1600.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53516          46 App.:1177(l)         June 29, 1936, ch. 858,      
                    (last sentence).        title VI, Sec. 607(l) (last 
                                            sentence), 49 Stat. 2005;   
                                            June 23, 1938, ch. 600,     
                                            Secs. 23-28, 52 Stat. 960;  
                                            Aug. 4, 1939, ch. 417, Sec. 
                                            10, 53 Stat. 1185; July 17, 
                                            1952, ch. 939, Secs. 17-19, 
                                            66 Stat. 764; Pub. L.       
                                            85-637, Aug. 14, 1958, 72   
                                            Stat. 216; Pub. L. 86-518,  
                                            Sec. 1, June 12, 1960, 74   
                                            Stat. 216; Pub. L. 87-45,   
                                            Sec. 6, May 27, 1961, 75    
                                            Stat. 91; Pub. L. 87-271,   
                                            Sept. 21, 1961, 75 Stat.    
                                            570; restated Pub. L.       
                                            91-469, Sec. 21(a), Oct. 21,
                                            1970, 84 Stat. 1032; Pub. L.
                                            97-31, Sec. 12(97)(A), Aug. 
                                            6, 1981, 95 Stat. 162.      
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53517                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 535 - CAPITAL CONSTRUCTION FUNDS

-HEAD-
    Sec. 53517. Reports

-STATUTE-
      (a) In General. - Within 120 days after the close of each
    calendar year, the Secretary of Transportation and the Secretary of
    Commerce each shall provide the Secretary of the Treasury a written
    report on the capital construction funds under the particular
    Secretary's jurisdiction for the calendar year.
      (b) Contents. - The report shall state the name and taxpayer
    identification number of each person - 
        (1) establishing a capital construction fund during the
      calendar year;
        (2) maintaining a capital construction fund on the last day of
      the calendar year;
        (3) terminating a capital construction fund during the calendar
      year;
        (4) making a deposit to or withdrawal from a capital
      construction fund during the calendar year, and the amount of the
      deposit or withdrawal; or
        (5) having been determined during the calendar year to have
      failed to fulfill a substantial obligation under a capital
      construction fund agreement to which the person is a party.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1600.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53517          46 App.:1177(m).        June 29, 1936, ch. 858,      
                                            title VI, Sec. 607(m), as   
                                            added Pub. L. 99-514, Sec.  
                                            261(d), Oct. 22, 1986, 100  
                                            Stat. 2214.                 
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 537 - LOANS AND GUARANTEES                   01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES

-HEAD-
                    CHAPTER 537 - LOANS AND GUARANTEES                


-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    53701.      Definitions.                                          
    53702.      General authority.                                    
    53703.      Application procedures.                               
    53704.      Funding limits.                                       
    53705.      Pledge of United States Government.                   
    53706.      Eligible purposes of obligations.                     
    53707.      Findings related to obligors and operators.           
    53708.      Findings related to economic soundness.               
    53709.      Amount of obligations.                                
    53710.      Contents of obligations.                              
    53711.      Security interest.                                    
    53712.      Monitoring financial condition and operations of
                 obligor.                                             
    53713.      Administrative fees.                                  
    53714.      Guarantee fees.                                       
    53715.      Escrow fund.                                          
    53716.      Deposit fund.                                         
    53717.      Management of funds in the Treasury.                  
    53718.      Annual report to Congress.                            

                    SUBCHAPTER II - DEFAULT PROVISIONS                
    53721.      Rights of obligee.                                    
    53722.      Actions by Secretary.                                 
    53723.      Payments by Secretary and issuance of obligations.    
    53724.      Rights to secured property.                           
    53725.      Actions against obligor.                              

                   SUBCHAPTER III - PARTICULAR PROJECTS               
    53731.      Commercial demonstration ocean thermal energy
                 conversion facilities and plantships.                
    53732.      Eligible export vessels.                              
    53733.      Shipyard modernization and improvement.               
    53734.      Replacement of vessels because of changes in operating
                 standards.                                           
    53735.      Fisheries financing and capacity reduction.           

-End-


-CITE-
    46 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-



-CITE-
    46 USC Sec. 53701                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53701. Definitions

-STATUTE-
      In this chapter:
        (1) Actual cost. - The term "actual cost" means the sum of - 
          (A) all amounts paid by or for the account of the obligor as
        of the date on which a determination is made under section
        53715(d)(1) of this title; and
          (B) all amounts that the Secretary reasonably estimates the
        obligor will become obligated to pay from time to time
        thereafter, for the construction, reconstruction, or
        reconditioning of the vessel, including guarantee fees that
        will become payable under section 53714 of this title in
        connection with all obligations issued for construction,
        reconstruction, or reconditioning of the vessel or equipment to
        be delivered, and all obligations issued for the delivered
        vessel or equipment.

        (2) Construction, reconstruction, and reconditioning. - The
      terms "construction", "reconstruction", and "reconditioning"
      include designing, inspecting, outfitting, and equipping.
        (3) Depreciated actual cost. - The term "depreciated actual
      cost" of a vessel means - 
          (A) if the vessel was not reconstructed or reconditioned, the
        actual cost of the vessel depreciated on a straight line basis
        over the useful life of the vessel as determined by the
        Secretary, not to exceed 25 years from the date of delivery by
        the builder; or
          (B) if the vessel was reconstructed or reconditioned, the sum
        of - 
            (i) the actual cost of the vessel depreciated on a straight
          line basis from the date of delivery by the builder to the
          date of the reconstruction or reconditioning, using the
          original useful life of the vessel, and from the date of the
          reconstruction or reconditioning, using a useful life of the
          vessel determined by the Secretary; and
            (ii) any amount paid or obligated to be paid for the
          reconstruction or reconditioning, depreciated on a straight
          line basis using a useful life of the vessel determined by
          the Secretary.

        (4) Eligible export vessel. - The term "eligible export vessel"
      means a vessel that - 
          (A) is constructed, reconstructed, or reconditioned in the
        United States for use in world-wide trade; and
          (B) will, on delivery or redelivery, become or remain
        documented under the laws of a country other than the United
        States.

        (5) Fishery facility. - 
          (A) In general. - Subject to subparagraph (B), the term
        "fishery facility" means - 
            (i) for operations on land - 
              (I) a structure or appurtenance thereto designed for the
            unloading and receiving from vessels, the processing, the
            holding pending processing, the distribution after
            processing, or the holding pending distribution, of fish
            from a fishery;
              (II) the land necessary for the structure or
            appurtenance; and
              (III) equipment that is for use with the structure or
            appurtenance and that is necessary for performing a
            function referred to in subclause (I);

            (ii) for operations not on land, a vessel built in the
          United States and used for, equipped to be used for, or of a
          type normally used for, the processing of fish; or
            (iii) for aquaculture, including operations on land or
          elsewhere - 
              (I) a structure or appurtenance thereto designed for
            aquaculture;
              (II) the land necessary for the structure or
            appurtenance;
              (III) equipment that is for use with the structure or
            appurtenance and that is necessary for performing a
            function referred to in subclause (I); and
              (IV) a vessel built in the United States and used for,
            equipped to be used for, or of a type normally used for,
            aquaculture.

          (B) Required ownership. - Under subparagraph (A), the
        structure, appurtenance, land, equipment, or vessel must be
        owned by - 
            (i) an individual who is a citizen of the United States; or
            (ii) an entity that is a citizen of the United States under
          section 50501 of this title and that is at least 75 percent
          owned (as determined under that section) by citizens of the
          United States.

        (6) Fishing vessel. - The term "fishing vessel" has the meaning
      given that term in section 3 of the Magnuson-Stevens Fishery
      Conservation and Management Act (16 U.S.C. 1802), and any
      reference in this chapter to a vessel designed principally for
      commercial use in the fishing trade or industry is deemed to be a
      reference to a fishing vessel.
        (7) Mortgage. - The term "mortgage" includes - 
          (A) a preferred mortgage as defined in section 31301 of this
        title; and
          (B) a mortgage on a vessel that will become a preferred
        mortgage when filed or recorded under chapter 313 of this
        title.

        (8) Obligation. - The term "obligation" means an instrument of
      indebtedness issued for a purpose described in section 53706 of
      this title, except - 
          (A) an obligation issued by the Secretary under section 53723
        of this title; and
          (B) an obligation eligible for investment of funds under
        section 53715(f) or 53717 of this title.

        (9) Obligee. - The term "obligee" means the holder of an
      obligation.
        (10) Obligor. - The term "obligor" means a party primarily
      liable for payment of the principal of or interest on an
      obligation.
        (11) Ocean thermal energy conversion facility or plantship. -
      The term "ocean thermal energy conversion facility or plantship"
      means an at-sea facility or vessel, whether mobile, floating
      unmoored, moored, or standing on the seabed, that uses
      temperature differences in ocean water to produce electricity or
      another form of energy capable of being used directly to perform
      work, and includes - 
          (A) equipment installed on the facility or vessel to use the
        electricity or other form of energy to produce, process,
        refine, or manufacture a product;
          (B) a cable or pipeline used to deliver the electricity,
        freshwater, or product to shore; and
          (C) other associated equipment and appurtenances of the
        facility or vessel to the extent they are located seaward of
        the high water mark.

        (12) Secretary. - The term "Secretary" means - 
          (A) the Secretary of Commerce with respect to fishing vessels
        and fishery facilities; and
          (B) the Secretary of Transportation with respect to other
        vessels and general shipyard facilities (as defined in section
        53733(a) of this title).

        (13) Vessel. - The term "vessel" means any type of vessel,
      whether in existence or under construction, including - 
          (A) a cargo vessel;
          (B) a passenger vessel;
          (C) a combination cargo and passenger vessel;
          (D) a tanker;
          (E) a tug or towboat;
          (F) a barge;
          (G) a dredge;
          (H) a floating drydock with a capacity of at least 35,000
        lifting tons and a beam of at least 125 feet between the wing
        walls;
          (I) an oceanographic research vessel;
          (J) an instruction vessel;
          (K) a pollution treatment, abatement, or control vessel;
          (L) a fishing vessel whose ownership meets the citizenship
        requirements under section 50501 of this title for documenting
        vessels to operate in the coastwise trade; and
          (M) an ocean thermal energy conversion facility or plantship
        that is or will be documented under the laws of the United
        States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1601; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(A), (b)(1), Jan. 6,
    2006, 119 Stat. 3555.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      This section was derived from section 1271 of the former Appendix
    to this title, which was amended by Pub. L. 109-163, div. C, title
    XXXV, Sec. 3507(a)(1)(A), (b)(1), Jan. 6, 2006, 119 Stat. 3555. For
    applicability of those amendments to this section, see section
    18(a) of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section 1271
    of the former Appendix to this title was amended in subsecs. (c),
    (f), and (g) (corresponding to pars. (8), (1), and (3),
    respectively, of this section) by striking "Secretary" each place
    it appears and inserting "Secretary or Administrator", in subsec.
    (n) (corresponding to par. (12) of this section) by striking
    "subchapter," and all that follows and inserting "subchapter.", and
    by adding at the end the following:
      "(p) The term 'Administrator' means the Administrator of the
    Maritime Administration."



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53701(1)       46 App.:1271(f).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1101, as     
                                            added June 23, 1938, ch.    
                                            600, Sec. 46, 52 Stat. 969; 
                                            Sept. 3, 1954, ch. 1265,    
                                            Sec. 1, 68 Stat. 1267; Aug. 
                                            7, 1956, ch. 1026, Sec.     
                                            1(a), (b), 70 Stat. 1087;   
                                            Pub. L. 86-127, Sec. 1(1),  
                                            July 31, 1959, 73 Stat. 272;
                                            Pub. L. 86-685, Sec. 1,     
                                            Sept. 2, 1960, 74 Stat. 733;
                                            Pub. L. 87-303, Sec. 2,     
                                            Sept. 26, 1961, 75 Stat.    
                                            661; Pub. L. 91-469, Sec.   
                                            29, Oct. 21, 1970, 84 Stat. 
                                            1035; Pub. L. 92-507, Sec.  
                                            1, Oct. 19, 1972, 86 Stat.  
                                            909; Pub. L. 96-320, title  
                                            II, Sec. 202(a), Aug. 3,    
                                            1980, 94 Stat. 992; Pub. L. 
                                            96-561, title II, Sec.      
                                            220(1), Dec. 22, 1980, 94   
                                            Stat. 3291; Pub. L. 97-31,  
                                            Sec. 12(135), Aug. 6, 1981, 
                                            95 Stat. 165; Pub. L.       
                                            100-710, title I, Sec.      
                                            104(d), Nov. 23, 1988, 102  
                                            Stat. 4750; Pub. L. 102-567,
                                            title III, Sec. 304, Oct.   
                                            29, 1992, 106 Stat. 4283;   
                                            Pub. L. 103-160, title XIII,
                                            Sec. 1356(1), 1357(b), Nov. 
                                            30, 1993, 107 Stat. 1812,   
                                            1815; Pub. L. 104-208, title
                                            I, Sec. 101 [title II, Sec. 
                                            211(b)], Sept. 30, 1996, 110
                                            Stat. 3009-41; Pub. L.      
                                            104-239, Sec. 11(1), Oct. 8,
                                            1996, 110 Stat. 3134; Pub.  
                                            L. 108-136, title XXXV, Sec.
                                            3521(b), Nov. 24, 2003, 117 
                                            Stat. 1799.                 
    53701(2)       46 App.:1271(h).                                     
    53701(3)       46 App.:1271(g).                                     
    53701(4)       46 App.:1271(o).                                     
    53701(5)       46 App.:1271(j),                                     
                    (k), (m).                                           
    53701(6)       46 App.:1271(l).                                     
    53701(7)       46 App.:1271(a).                                     
    53701(8)       46 App.:1271(c).                                     
    53701(9)       46 App.:1271(e).                                     
    53701(10)      46 App.:1271(d).                                     
    53701(11)      46 App.:1271(i).                                     
    53701(12)      46 App.:1271(n).                                     
    53701(13)      46 App.:1271(b).                                     
    --------------------------------------------------------------------

      In paragraph (2), the words "but shall not be limited to" are
    omitted as unnecessary.
      In paragraph (4)(B), the words "become or remain" are substituted
    for "be placed under or continued to be" for clarity.
      In paragraph (5)(B)(i), the words "individual who is a citizen of
    the United States" are substituted for "individual who is a citizen
    or national of the United States or a citizen of the Northern
    Mariana Islands" in 46 App. U.S.C. 1271(k) because of the
    definition of "citizen of the United States" in chapter 1 of the
    revised title. Citizens of the Northern Mariana Islands became
    citizens or non-citizen nationals of the United States (either of
    which is a "citizen of the United States" as defined in chapter 1
    of the revised title) when the Covenant establishing the
    Commonwealth of the Northern Mariana Islands became effective on
    November 4, 1986.
      In paragraph (5)(B)(ii), the words "corporation, partnership,
    association, or other" are omitted as suplus [sic]. The words "the
    term 'State' as used therein includes any State, the District of
    Columbia, the Commonwealth of Puerto Rico, American Samoa, the
    Virgin Islands of the United States, Guam, the Northern Mariana
    Islands, or any other Commonwealth, territory, or possession of the
    United States" in 46 App. U.S.C. 1271(k) are omitted as unnecessary
    because of the definitions of "State" and "United States" in
    chapter 1 of the revised title. The definition of "United States"
    in 46 App. U.S.C. 1271(m) is omitted as unnecessary because of the
    definition of "United States" in chapter 1. The words "and
    nationals of the United States or citizens of the Northern Mariana
    Islands shall be treated as citizens of the United States in
    meeting such ownership requirement" are omitted as unnecessary
    because of the definition of "citizen of the United States" in
    chapter 1 of the revised title.
      In paragraph (8), before subparagraph (A), the words "instrument
    of indebtedness" are substituted for "note, bond, debenture, or
    other evidence of indebtedness" to eliminate unnecessary words. In
    subparagraph (B), the reference to section 53717 is substituted for
    the reference to 46 App. U.S.C. 1272 because the accounts under
    section 53717 replace the Federal Ship Financing Fund. See the
    explanation for section 53717.

-End-



-CITE-
    46 USC Sec. 53702                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53702. General authority

-STATUTE-
      (a) In General. - The Secretary, on terms the Secretary may
    prescribe, may guarantee or make a commitment to guarantee the
    payment of the principal of and interest on an obligation eligible
    to be guaranteed under this chapter. A guarantee or commitment to
    guarantee shall cover 100 percent of the principal and interest.
      (b) Direct Loans for Fisheries. - 
        (1) In general. - Notwithstanding any other provision of this
      chapter, any obligation involving a fishing vessel, fishery
      facility, aquaculture facility, individual fishing quota, or
      fishing capacity reduction program issued under this chapter
      after October 11, 1996, shall be a direct loan obligation for
      which the Secretary shall be the obligee, rather than an
      obligation issued to an obligee other than the Secretary and
      guaranteed by the Secretary. A direct loan obligation under this
      subsection shall be treated in the same manner and to the same
      extent as an obligation guaranteed under this chapter except with
      respect to provisions of this chapter that by their nature can
      only be applied to obligations guaranteed under this chapter.
        (2) Interest rate. - Notwithstanding any other provision of
      this chapter, the annual rate of interest an obligor shall pay on
      a direct loan obligation under this subsection is 2 percent plus
      the additional percent the Secretary must pay as interest to
      borrow from the Treasury the funds to make the loan.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1603; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(C), (d), Jan. 6, 2006,
    119 Stat. 3555, 3557.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      Subsec. (a) of this section was derived from section 1273(a) of
    the former Appendix to this title, which was amended by Pub. L. 109-
    163, div. C, title XXXV, Sec. 3507(a)(1)(C), Jan. 6, 2006, 119
    Stat. 3555. For applicability of that amendment to this section,
    see section 18(a) of Pub. L. 109-304, set out as a Legislative
    Purpose and Construction note preceding section 101 of this title.
    Section 1273(a) of the former Appendix to this title was amended by
    striking "Secretary" each place it appears and inserting "Secretary
    or Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53702(a)       46 App.:1273(a).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1103(a), as  
                                            added June 23, 1938, ch.    
                                            600, Sec. 46, 52 Stat. 969; 
                                            Aug. 15, 1953, ch. 513, Sec.
                                            1, 67 Stat. 626; Sept. 3,   
                                            1954, ch. 1265, Sec. 3, 68  
                                            Stat. 1268; June 25, 1956,  
                                            ch. 438, 70 Stat. 332; Aug. 
                                            7, 1956, ch. 1026, Sec.     
                                            1(a), (c), (d), 70 Stat.    
                                            1087; Pub. L. 91-469, Sec.  
                                            30, Oct. 21, 1970, 84 Stat. 
                                            1035; restated Pub. L.      
                                            92-507, Sec. 3, Oct. 19,    
                                            1972, 86 Stat. 910; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166; Pub. L. 
                                            99-509, title V, Sec. 5002, 
                                            Oct. 21, 1986, 100 Stat.    
                                            1912; Pub. L. 103-160, div. 
                                            A, title XIII, Sec. 1356(5),
                                            Nov. 30, 1993, 107 Stat.    
                                            1814.                       
    53702(b)       46 App.:1279g.          June 29, 1936, ch. 858,      
                                            title XI, Sec. 1112, as     
                                            added Pub. L. 104-297, title
                                            III, Sec. 303(a), Oct. 11,  
                                            1996, 110 Stat. 3616.       
    --------------------------------------------------------------------

      In subsection (a), the words "on terms the Secretary may
    prescribe" are added based on language in 46 App. U.S.C. 1274(a)
    (before cl. (1)). The words "the unpaid balance of" are omitted as
    unnecessary.

-COD-
                               CODIFICATION                           
      Subsec. (b) of this section was derived from section 1112 of act
    June 29, 1936, ch. 858, as added by Pub. L. 104-297, Sec. 303(a),
    which was classified to section 1279g of the former Appendix to
    this title. Section 1112 was renumbered section 1114 of the Act by
    Pub. L. 109-163, div. C, title XXXV, Sec. 3507(d), Jan. 6, 2006,
    119 Stat. 3557. See Historical and Revision notes above and section
    18(a) of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title.

-End-



-CITE-
    46 USC Sec. 53703                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53703. Application procedures

-STATUTE-
      (a) Time for Decision. - 
        (1) In general. - The Secretary shall approve or deny an
      application for a loan guarantee under this chapter within 270
      days after the date on which the signed application is received
      by the Secretary.
        (2) Extension. - On request by an applicant, the Secretary may
      extend the 270-day period in paragraph (1) to a date not later
      than 2 years after the date on which the signed application was
      received by the Secretary.

      (b) Certification of Review. - The Secretary may not guarantee or
    make a commitment to guarantee an obligation under this chapter
    unless the Secretary certifies that a full and fair consideration
    of all the regulatory requirements, including economic soundness
    and financial requirements applicable to the obligor and related
    parties, and a thorough assessment of the technical, economic, and
    financial aspects of the loan application, has been made.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1604; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(D), (2)(G), (b)(7),
    Jan. 6, 2006, 119 Stat. 3555, 3556.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      Subsec. (a) of this section was derived from section 1274(n) of
    the former Appendix to this title, which was amended by Pub. L. 109-
    163, div. C, title XXXV, Sec. 3507(a)(1)(D), (2)(G), (b)(7), Jan.
    6, 2006, 119 Stat. 3555, 3556. Section 1274(n) of the former
    Appendix to this title was amended by striking "Secretary" each
    place it appears (except in par. (1) the first place it appears)
    and inserting "Secretary or Administrator", by striking "Secretary"
    each place it appears (except the first) and inserting
    "Administrator", and by striking "The Secretary of Transportation"
    in par. (1) and inserting "The Administrator".
      Subsec. (b) of this section was derived from section 1274(l) of
    the former Appendix to this title, which was amended by Pub. L. 109-
    163, div. C, title XXXV, Sec. 3507(a)(1)(D), Jan. 6, 2006, 119
    Stat. 3555. Section 1274(l) of the former Appendix to this title
    was amended by striking "Secretary" each place it appears and
    inserting "Secretary or Administrator".
      For applicability of those amendments to this section, see
    section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose
    and Construction note preceding section 101 of this title.



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53703(a)       46 App.:1274(n).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1104A(l),    
                                            (n), as added Pub. L.       
                                            108-136, title XXXV, Secs.  
                                            3523(b), 3525, Nov. 24,     
                                            2003, 117 Stat. 1800, 1801. 
    53703(b)       46 App.:1274(l).                                     
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53704                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53704. Funding limits

-STATUTE-
      (a) General Limitations. - The total unpaid principal amount of
    obligations guaranteed under this chapter and outstanding at one
    time may not exceed $12,000,000,000. Of that amount - 
        (1) $850,000,000 shall be limited to obligations related to
      fishing vessels and fishery facilities; and
        (2) $3,000,000,000 shall be limited to obligations related to
      eligible export vessels.

      (b) Additional Limitations. - Additional limitations may not be
    imposed on new commitments to guarantee loans for any fiscal year,
    except in amounts established in advance by annual authorization
    laws. A vessel eligible for a guarantee under this chapter may not
    be denied eligibility because of its type.
      (c) Limits Based on Risk Factors. - 
        (1) Definition. - In this subsection, the term "cost" has the
      meaning given that term in section 502 of the Federal Credit
      Reform Act of 1990 (2 U.S.C. 661a).
        (2) System of risk categories. - The Secretary shall - 
          (A) establish, and update annually, a system of risk
        categories for obligations guaranteed under this chapter that
        categorizes the relative risk of guarantees based on the risk
        factors set forth in paragraph (4);
          (B) determine annually for each risk category a subsidy rate
        equivalent to the cost of obligations in the category,
        expressed as a percentage of the amount guaranteed for
        obligations in the category; and
          (C) ensure that each risk category is comprised of loans that
        are relatively homogeneous in cost and share characteristics
        predictive of defaults and other costs, given the facts known
        at the time of obligation or commitment, using a risk category
        system that is based on historical analysis of program data and
        statistical evidence concerning the likely costs of defaults or
        other costs that are expected to be associated with the loans
        in the category.

        (3) Use of system. - 
          (A) Placing obligation in category. - Before making a
        guarantee under this chapter for an obligation, and annually
        for projects subject to a guarantee, the Secretary shall apply
        the risk factors specified in paragraph (4) to place the
        obligation in a risk category established under paragraph (2).
          (B) Reduction of available amount. - The Secretary shall
        consider the total amount available to the Secretary for making
        guarantees under this chapter to be reduced by the amount
        determined by multiplying - 
            (i) the amount guaranteed under this chapter for an
          obligation; by
            (ii) the subsidy rate for the category in which the
          obligation is placed under subparagraph (A).

          (C) Estimated cost. - The estimated cost to the United States
        Government of a guarantee under this chapter for an obligation
        is deemed to be the amount determined under subparagraph (B)
        for the obligation.
          (D) Restriction on further guarantees. - The Secretary may
        not guarantee obligations under this chapter after the total
        amount available to the Secretary under appropriations laws for
        the cost of loan guarantees is considered to be reduced to zero
        under subparagraph (B).

        (4) Risk factors. - The risk factors referred to in this
      subsection are - 
          (A) if applicable, the country risk for each eligible export
        vessel financed or to be financed by an obligation;
          (B) the period for which an obligation is guaranteed or to be
        guaranteed;
          (C) the amount of an obligation guaranteed or to be
        guaranteed in relation to the total cost of the project
        financed or to be financed by the obligation;
          (D) the financial condition of an obligor or applicant for a
        guarantee;
          (E) if applicable, other guarantees related to the project;
          (F) if applicable, the projected employment of each vessel or
        equipment to be financed with an obligation;
          (G) if applicable, the projected market that will be served
        by each vessel or equipment to be financed with an obligation;
          (H) the collateral provided for a guarantee for an
        obligation;
          (I) the management and operating experience of an obligor or
        applicant for a guarantee;
          (J) whether a guarantee under this chapter is or will be in
        effect during the construction period of the project; and
          (K) the concentration risk presented by an unduly large
        percentage of loans outstanding by any one borrower or group of
        affiliated borrowers.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1604; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(C), Jan. 6, 2006, 119
    Stat. 3555.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      Subsec. (c) of this section was derived from section 1273(h) of
    the former Appendix to this title, which was amended by Pub. L. 109-
    163, div. C, title XXXV, Sec. 3507(a)(1)(C), Jan. 6, 2006, 119
    Stat. 3555. For applicability of that amendment to this section,
    see section 18(a) of Pub. L. 109-304, set out as a Legislative
    Purpose and Construction note preceding section 101 of this title.
    Section 1273(h) of the former Appendix to this title was amended by
    striking "Secretary" each place it appears and inserting "Secretary
    or Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53704(a)       46 App.:1273(f)         June 29, 1936, ch. 858,      
                    (1st sentence).         title XI, Sec. 1103(f), as  
                                            added June 23, 1938, ch.    
                                            600, Sec. 46, 52 Stat. 969; 
                                            Aug. 15, 1953, ch. 513, Sec.
                                            1, 67 Stat. 626; Sept. 3,   
                                            1954, ch. 1265, Sec. 3, 68  
                                            Stat. 1268; June 25, 1956,  
                                            ch. 438, 70 Stat. 332; Aug. 
                                            7, 1956, ch. 1026, Sec.     
                                            1(a), (c), (d), 70 Stat.    
                                            1087; Pub. L. 91-469, Sec.  
                                            30, Oct. 21, 1970, 84 Stat. 
                                            1035; restated Pub. L.      
                                            92-507, Sec. 3, Oct. 19,    
                                            1972, 86 Stat. 910; Pub. L. 
                                            93-70, Sec. 3, July 10,     
                                            1973, 87 Stat. 168; Pub. L. 
                                            94-127, Sec. 5, Nov. 13,    
                                            1975, 89 Stat. 681; Pub. L. 
                                            95-298, Sec. 5, June 26,    
                                            1978, 92 Stat. 340; Pub. L. 
                                            96-320, title II, Sec.      
                                            203(b)(1), Aug. 3, 1980, 94 
                                            Stat. 994; Pub. L. 96-561,  
                                            title II, Sec. 220(2), Dec. 
                                            22, 1980, 94 Stat. 3292;    
                                            Pub. L. 97-35, title XVI,   
                                            Sec. 1606(a), (b), Aug. 13, 
                                            1981, 95 Stat. 752; Pub. L. 
                                            97-424, title IV, Sec. 425, 
                                            Jan. 6, 1983, 96 Stat. 2167;
                                            Pub. L. 103-160, title XIII,
                                            Sec. 1356(2)(A), Nov. 30,   
                                            1993, 107 Stat. 1812; Pub.  
                                            L. 108-136, title XXXV, Sec.
                                            3528(b), Nov. 24, 2003, 117 
                                            Stat. 1802.                 
    53704(b)       46 App.:1273(f)                                      
                    (2d, last                                           
                    sentences).                                         
    53704(c)       46 App.:1273(h).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1103(h), as  
                                            added Pub. L. 104-239, Sec. 
                                            13(a), Oct. 8, 1996, 110    
                                            Stat. 3134; Pub. L. 108-136,
                                            title XXXV, Sec. 3528(b),   
                                            Nov. 24, 2003, 117 Stat.    
                                            1802.                       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53705                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53705. Pledge of United States Government

-STATUTE-
      (a) Full Faith and Credit. - The full faith and credit of the
    United States Government is pledged to the payment of a guarantee
    made under this chapter, for both principal and interest, including
    interest (as may be provided for in the guarantee) accruing between
    the date of default under a guaranteed obligation and the date of
    payment in full of the guarantee.
      (b) Incontestability. - A guarantee or commitment to guarantee
    made under this chapter is conclusive evidence of the eligibility
    of the obligation for the guarantee. The validity of a guarantee or
    commitment to guarantee made under this chapter is incontestable.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1606; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(C), Jan. 6, 2006, 119
    Stat. 3555.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      Subsec. (b) of this section was derived from section 1273(e) (1st
    sentence) of the former Appendix to this title, which was amended
    by Pub. L. 109-163, div. C, title XXXV, Sec. 3507(a)(1)(C), Jan. 6,
    2006, 119 Stat. 3555. For applicability of that amendment to this
    section, see section 18(a) of Pub. L. 109-304, set out as a
    Legislative Purpose and Construction note preceding section 101 of
    this title. Section 1273(e) of the former Appendix to this title
    was amended by striking "Secretary" each place it appears and
    inserting "Secretary or Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53705(a)       46 App.:1273(d).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1103(d), (e) 
                                            (1st sentence), as added    
                                            June 23, 1938, ch. 600, Sec.
                                            46, 52 Stat. 969; Aug. 15,  
                                            1953, ch. 513, Sec. 1, 67   
                                            Stat. 626; Sept. 3, 1954,   
                                            ch. 1265, Sec. 3, 68 Stat.  
                                            1268; June 25, 1956, ch.    
                                            438, 70 Stat. 332; Aug. 7,  
                                            1956, ch. 1026, Sec. 1(a),  
                                            (c), (d), 70 Stat. 1087;    
                                            Pub. L. 91-469, Sec. 30,    
                                            Oct. 21, 1970, 84 Stat.     
                                            1035; restated Pub. L.      
                                            92-507, Sec. 3, Oct. 19,    
                                            1972, 86 Stat. 910; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166; Pub. L. 
                                            98-595, Sec. 1(1), Oct. 30, 
                                            1984, 98 Stat. 3130.        
    53705(b)       46 App.:1273(e)                                      
                    (1st sentence).                                     
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53706                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53706. Eligible purposes of obligations

-STATUTE-
      (a) In General. - To be eligible for a guarantee under this
    chapter, an obligation must aid in any of the following:
        (1)(A) Financing (including reimbursement of an obligor for
      expenditures previously made for) the construction,
      reconstruction, or reconditioning of a vessel (including an
      eligible export vessel) designed principally for research, or for
      commercial use - 
          (i) in the coastwise or intercoastal trade;
          (ii) on the Great Lakes, or on bays, sounds, rivers, harbors,
        or inland lakes of the United States;
          (iii) in foreign trade as defined in section 109(b) of this
        title;
          (iv) as an ocean thermal energy conversion facility or
        plantship;
          (v) as a floating drydock in the construction,
        reconstruction, reconditioning, or repair of vessels; or
          (vi) as an eligible export vessel in worldwide trade.

        (B) A guarantee under subparagraph (A) may not be made more
      than one year after delivery of the vessel (or redelivery if the
      vessel was reconstructed or reconditioned) unless the proceeds of
      the obligation are used to finance the construction,
      reconstruction, or reconditioning of a vessel or of facilities or
      equipment related to marine operations.
        (2) Financing (including reimbursement of an obligor for
      expenditures previously made for) the construction,
      reconstruction, reconditioning, or purchase of a vessel owned by
      citizens of the United States and designed principally for
      research, or for commercial use in the fishing industry.
        (3) Financing the purchase, reconstruction, or reconditioning
      of a vessel or fishery facility - 
          (A) for which an obligation was guaranteed under this
        chapter; and
          (B) that, under subchapter II of this chapter - 
            (i) is a vessel or fishery facility for which an obligation
          was accelerated and paid;
            (ii) was acquired by the Federal Ship Financing Fund or
          successor account under section 53717 of this title; or
            (iii) was sold at foreclosure begun or intervened in by the
          Secretary.

        (4) Financing any part of the repayment to the United States
      Government of any amount of a construction-differential subsidy
      paid for a vessel.
        (5) Refinancing an existing obligation (regardless of whether
      guaranteed under this chapter) issued for a purpose described in
      paragraphs (1)-(4), including a short-term obligation incurred to
      obtain temporary funds with the intention of refinancing.
        (6) Financing or refinancing (including reimbursement of an
      obligor for expenditures previously made for) the construction,
      reconstruction, reconditioning, or purchase of a fishery
      facility.
        (7) Financing or refinancing - 
          (A) the purchase of individual fishing quotas in accordance
        with section 303(d)(4) of the Magnuson-Stevens Fishery
        Conservation and Management Act (including the reimbursement of
        obligors for expenditures previously made for such a purchase);
          (B) activities that assist in the transition to reduced
        fishing capacity; or
          (C) technologies or upgrades designed to improve collection
        and reporting of fishery-dependent data, to reduce bycatch, to
        improve selectivity or reduce adverse impacts of fishing gear,
        or to improve safety.

      (b) Non-Vessels Treated as Vessels. - An obligation guaranteed
    under subsection (a)(6) or (7) shall be treated, for purposes of
    this chapter, in the same manner and to the same extent as an
    obligation that aids in financing the construction, reconstruction,
    reconditioning, or purchase of a vessel, except with respect to
    provisions that by their nature can only be applied to vessels.
      (c) Priorities for Certain Vessels. - In guaranteeing or making a
    commitment to guarantee an obligation under this chapter, the
    Secretary shall give priority to - 
        (1) a vessel that is otherwise eligible for a guarantee and is
      constructed with assistance under subtitle D of the Maritime
      Security Act of 2003 (46 U.S.C. 53101 note); and
        (2) after applying paragraph (1), a vessel that is otherwise
      eligible for a guarantee and that the Secretary of Defense
      determines - 
          (A) is suitable for service as a naval auxiliary in time of
        war or national emergency; and
          (B) meets a shortfall in sealift capacity or capability.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1606; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(D), (2)(A), (B),
    (b)(2), Jan. 6, 2006, 119 Stat. 3555, 3556; Pub. L. 109-479, title
    II, Sec. 209, Jan. 12, 2007, 120 Stat. 3617.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      Subsecs. (a) and (b) of this section were derived from section
    1274(a) of the former Appendix to this title, which was amended by
    Pub. L. 109-163, div. C, title XXXV, Sec. 3507(a)(1)(D), Jan. 6,
    2006, 119 Stat. 3555. Section 1274(a) of the former Appendix to
    this title was amended by striking "Secretary" each place it
    appears and inserting "Secretary or Administrator".
      Subsec. (c) of this section was derived from subsecs. (i) and (j)
    of section 1273 of the former Appendix to this title, which were
    amended by Pub. L. 109-163, div. C, title XXXV, Sec. 3507(a)(2)(A),
    (B), (b)(2), Jan. 6, 2006, 119 Stat. 3555, 3556. Section 1273(i) of
    the former Appendix to this title was amended by striking
    "Secretary" and inserting "Administrator". Section 1273(j) of the
    former Appendix to this title was amended by striking "Secretary"
    the first place it appears and inserting "Administrator" and by
    adding at the end the following:
    "The Secretary of Defense shall determine whether a vessel
    satisfies paragraphs (1) and (2) [now subpars. (A) and (B) of
    subsec. (c)(2) of this section] by not later than 30 days after
    receipt of a request from the Administrator for such a
    determination."
      For applicability of those amendments to this section, see
    section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose
    and Construction note preceding section 101 of this title.



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53706(a)       46 App.:1274(a)         June 29, 1936, ch. 858,      
                    (less last              title XI, Sec. 1104A(a)     
                    sentence).              [Sec. 1104A formerly Sec.   
                                            1104], as added June 23,    
                                            1938, ch. 600, Sec. 46, 52  
                                            Stat. 970; Aug. 4, 1939, ch.
                                            417, Sec. 14, 53 Stat. 1187;
                                            Sept. 28, 1950, ch. 1093,   
                                            Sec. 4, 64 Stat. 1078; Aug. 
                                            15, 1953, ch. 513, Sec. 2,  
                                            67 Stat. 626; Sept. 3, 1954,
                                            ch. 1265, Sec. 4, 68 Stat.  
                                            1269; Pub. L. 86-123, Secs. 
                                            1(3), 2, July 31, 1959, 73  
                                            Stat. 269, 271; Pub. L.     
                                            86-127, Sec. 1(3), (4), July
                                            31, 1959, 73 Stat. 273; Pub.
                                            L. 86-518, Sec. 1, June 12, 
                                            1960, 74 Stat. 216; Pub. L. 
                                            86-685, Secs. 2, 3, Sept. 2,
                                            1960, 74 Stat. 733; Pub. L. 
                                            90-341, June 15, 1968, 82   
                                            Stat. 180; Pub. L. 91-469,  
                                            Secs. 31, 32, Oct. 21, 1970,
                                            84 Stat. 1035; restated Pub.
                                            L. 92-507, Sec. 3, Oct. 19, 
                                            1972, 86 Stat. 910; Pub. L. 
                                            96-320, title II, Sec.      
                                            202(b), Aug. 3, 1980, 94    
                                            Stat. 992; Pub. L. 96-561,  
                                            title II, Sec. 220(3)(A),   
                                            Dec. 22, 1980, 94 Stat.     
                                            3292; Pub. L. 97-31, Sec.   
                                            12(136), Aug. 6, 1981, 95   
                                            Stat. 166; Pub. L. 98-595,  
                                            Sec. 1(2)-(5), Oct. 30,     
                                            1984, 98 Stat. 3130; Sec.   
                                            1104 renumbered as Sec.     
                                            1104A, Pub. L. 101-380,     
                                            title IV, Sec. 4115(f)(1),  
                                            Aug. 18, 1990, 104 Stat.    
                                            521; Pub. L. 103-160, title 
                                            XIII, Sec. 1356(3)(A), Nov. 
                                            30, 1993, 107 Stat. 1813;   
                                            Pub. L. 104-208, title I,   
                                            Sec. 101 [title II, Sec.    
                                            211(b)], Sept. 30, 1996, 110
                                            Stat. 3009-41; Pub. L.      
                                            104-297, title III, Sec.    
                                            302(a)(1)-(4), Oct. 11,     
                                            1996, 110 Stat. 3615.       
    53706(b)       46 App.:1274(a)                                      
                    (last sentence).                                    
    53706(c)       46 App.:1273(i),        June 29, 1936, ch. 858,      
                    (j).                    title XI, Sec. 1103(i), (j),
                                            as added Pub. L. 108-136,   
                                            title X, Sec. 1014(a), title
                                            XXXV, Sec. 3544, Nov. 24,   
                                            2003, 117 Stat. 1591, 1822. 
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the words "To be
    eligible for a guarantee under this chapter, an obligation must aid
    in any of the following" are substituted for "Pursuant to the
    authority granted under section 1273(a) of this Appendix, the
    Secretary, upon such terms as he shall prescribe, may guarantee or
    make a commitment to guarantee, payment of the principal of and
    interest on an obligation which aids in" to eliminate unnecessary
    words.
      In subsection (a)(2), the words "citizens of the United States"
    are substituted for "citizens or nationals of the United States or
    citizens of the Northern Mariana Islands" because of the definition
    of "citizen of the United States" in chapter 1 of the revised
    title. Citizens of the Northern Mariana Islands became citizens or
    non-citizen nationals of the United States (either of which is a
    "citizen of the United States" as defined in chapter 1 of the
    revised title) when the Covenant establishing the Commonwealth of
    the Northern Mariana Islands became effective November 4, 1986.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 303(d)(4) of the Magnuson-Stevens Fishery Conservation
    and Management Act, referred to in subsec. (a)(7)(A), is section
    303(d)(4) of Pub. L. 94-265, which is classified to section
    1853(d)(4) of Title 16, Conservation.
      The Maritime Security Act of 2003, referred to in subsec. (c)(1),
    is title XXXV of div. C of Pub. L. 108-136, Nov. 24, 2003, 117
    Stat. 1788. Subtitle D of the Act amended section 1273 of the
    former Appendix to this title and enacted provisions set out as a
    note under section 53101 of this title. For complete classification
    of this Act to the Code, see Short Title of 2003 Amendment note set
    out under section 101 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (a)(7). Pub. L. 109-479 amended par. (7)
    generally. Prior to amendment, par. (7) read as follows: "Financing
    or refinancing (including reimbursement of an obligor for
    expenditures previously made for) the purchase of an individual
    fishing quota in accordance with section 303(d)(4) of the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C.
    1853(d)(4))."

    PROHIBITION OF NEW LOANS FOR CONSTRUCTION OF FISHING VESSELS UNDER
                            CERTAIN CONDITIONS
      Pub. L. 104-297, title III, Sec. 302(b)(2), Oct. 11, 1996, 110
    Stat. 3615, as amended by Pub. L. 105-277, div. C, title II, Sec.
    212, Oct. 21, 1998, 112 Stat. 2681-635; Pub. L. 107-206, title I,
    Sec. 1103, Aug. 2, 2002, 116 Stat. 884, provided that: "No loans
    may be provided or guaranteed by the Federal Government for the
    construction or rebuilding of a vessel intended for use as a
    fishing vessel (as defined in section 2101 of title 46, United
    States Code), if such vessel will be greater than 165 feet in
    registered length, of more than 750 gross registered tons (as
    measured under chapter 145 of title 46) or 1,900 gross registered
    tons [(]as measured under chapter 143 of that title), or have an
    engine or engines capable of producing a total of more than 3,000
    shaft horsepower, after such construction or rebuilding is
    completed. This prohibition shall not apply to vessels to be used
    in the menhaden fishery or in tuna purse seine fisheries outside
    the exclusive economic zone of the United States or the area of the
    South Pacific Regional Fisheries Treaty."
      [Pub. L. 107-206, title I, Sec. 1103, Aug. 2, 2002, 116 Stat.
    884, which directed the amendment of title II of division C of
    Public Law 105-277 by substituting "of more than 750 gross
    registered tons (as measured under chapter 145 of title 46) or
    1,900 gross registered tons as measured under chapter 143 of that
    title)" for "of more than 750 gross registered tons", was executed
    to section 302(b)(2) of Pub. L. 104-297, set out above, as amended
    by section 212 of Pub. L. 105-277, to reflect the probable intent
    of Congress.]

-End-



-CITE-
    46 USC Sec. 53707                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53707. Findings related to obligors and operators

-STATUTE-
      (a) Responsible Obligor. - The Secretary may not guarantee or
    make a commitment to guarantee an obligation under this chapter
    unless the Secretary finds that the obligor is responsible and has
    the ability, experience, financial resources, and other
    qualifications necessary for the adequate operation and maintenance
    of each vessel that will serve as security for the guarantee.
      (b) Operators of Liner Vessels. - The Secretary of Transportation
    may not guarantee or make a commitment to guarantee a loan for the
    construction, reconstruction, or reconditioning of a liner vessel
    under this chapter unless the Chairman of the Federal Maritime
    Commission certifies that the operator of the vessel has not been
    found by the Commission to have committed, within the previous 5
    years - 
        (1) a violation of part A of subtitle IV of this title that
      involves unjust or unfair discriminatory treatment or undue or
      unreasonable prejudice or disadvantage with respect to a United
      States shipper, ocean transportation intermediary, ocean common
      carrier, or port; or
        (2) a violation of part B of subtitle IV of this title.

      (c) Operators of Fishing Vessels. - The Secretary of Commerce may
    not guarantee or make a commitment to guarantee a loan for the
    construction, reconstruction, or reconditioning of a fishing vessel
    under this chapter if the operator of the vessel has been - 
        (1) held liable, or the vessel has been held liable in rem, for
      a civil penalty under section 308 of the Magnuson-Stevens Fishery
      Conservation and Management Act (16 U.S.C. 1858) and the operator
      has not paid the penalty;
        (2) found guilty of an offense under section 309 of the
      Magnuson-Stevens Fishery Conservation and Management Act (16
      U.S.C. 1859) and not paid the assessed fine or served the
      assessed sentence;
        (3) held liable for a civil or criminal penalty under section
      105 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1375)
      and not paid the assessed fine or served the assessed sentence;
      or
        (4) held liable for a civil penalty by the Coast Guard under
      this title or title 33 and not paid the assessed fine.

      (d) Waivers Concerning Financial Condition. - The Secretary shall
    prescribe regulations concerning circumstances under which waivers
    of, or exceptions to, otherwise applicable regulatory requirements
    concerning financial condition can be made. The regulations shall
    require that - 
        (1) the economic soundness requirements in section 53708(a) of
      this title are met after the waiver of the financial condition
      requirement; and
        (2) the waiver shall provide for the imposition of other
      requirements on the obligor designed to compensate for the
      increased risk associated with the obligor's failure to meet
      regulatory requirements applicable to financial condition.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1607; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(D), (b)(3)(B), (C),
    (c)(1), Jan. 6, 2006, 119 Stat. 3555, 3556.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      Subsec. (a) of this section was derived from section 1274(b)(1)
    of the former Appendix to this title, which was amended by Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(D), Jan. 6, 2006, 119
    Stat. 3555. Section 1274(b)(1) of the former Appendix to this title
    was amended by striking "Secretary" each place it appears and
    inserting "Secretary or Administrator".
      Subsec. (b) of this section was derived from section 1273a(a) of
    the former Appendix to this title, which was amended by Pub. L. 109-
    163, div. C, title XXXV, Sec. 3507(c)(1), Jan. 6, 2006, 119 Stat.
    3556. Section 1273a(a) of the former Appendix to this title was
    amended by striking "Secretary of Transportation" and inserting
    "Administrator of the Maritime Administration".
      Subsec. (d)(2) of this section was derived from section
    1274(d)(4)(B) of the former Appendix to this title, which was
    amended by Pub. L. 109-163, div. C, title XXXV, Sec. 3507(b)(3)(B),
    (C), Jan. 6, 2006, 119 Stat. 3556. Section 1274(d)(4)(B) of the
    former Appendix to this title was amended by striking "the waiver"
    and inserting "if deemed necessary by the Secretary or
    Administrator, the waiver" and by striking "the increased" and
    inserting "any significant increase in".
      For applicability of those amendments to this section, see
    section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose
    and Construction note preceding section 101 of this title.



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53707(a)       46 App.:1274(b)(1).     June 29, 1936, ch. 858,      
                                            title XI, Sec. 1104A(b)(1)  
                                            [Sec. 1104A formerly Sec.   
                                            1104], as added June 23,    
                                            1938, ch. 600, Sec. 46, 52  
                                            Stat. 970; Aug. 4, 1939, ch.
                                            417, Sec. 14, 53 Stat. 1187;
                                            Sept. 28, 1950, ch. 1093,   
                                            Sec. 4, 64 Stat. 1078; Aug. 
                                            15, 1953, ch. 513, Sec. 2,  
                                            67 Stat. 626; Sept. 3, 1954,
                                            ch. 1265, Sec. 4, 68 Stat.  
                                            1269; Pub. L. 86-123, Secs. 
                                            1(3), 2, July 31, 1959, 73  
                                            Stat. 269, 271; Pub. L.     
                                            86-127, Sec. 1(3), (4), July
                                            31, 1959, 73 Stat. 273; Pub.
                                            L. 86-518, Sec. 1, June 12, 
                                            1960, 74 Stat. 216; Pub. L. 
                                            86-685, Secs. 2, 3, Sept. 2,
                                            1960, 74 Stat. 733; Pub. L. 
                                            90-341, June 15, 1968, 82   
                                            Stat. 180; Pub. L. 91-469,  
                                            Secs. 31, 32, Oct. 21, 1970,
                                            84 Stat. 1035; restated Pub.
                                            L. 92-507, Sec. 3, Oct. 19, 
                                            1972, 86 Stat. 911; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166; Sec.    
                                            1104 renumbered as Sec.     
                                            1104A, Pub. L. 101-380,     
                                            title IV, Sec. 4115(f)(1),  
                                            Aug. 18, 1990, 104 Stat. 521.
    53707(b)       46 App.:1273a(a).       Pub. L. 105-258, title IV,   
                                            Sec. 401, Oct. 14, 1998, 112
                                            Stat. 1916.                 
    53707(c)       46 App.:1273a(b).                                    
    53707(d)       46 App.:1274(d)(4).     June 29, 1936, ch. 858,      
                                            title XI, Sec. 1104A(d)(4), 
                                            as added Pub. L. 108-136,   
                                            title XXXV, Sec. 3522, Nov. 
                                            24, 2003, 117 Stat. 1800.   
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53708                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53708. Findings related to economic soundness

-STATUTE-
      (a) By Secretary of Transportation. - The Secretary of
    Transportation may not guarantee or make a commitment to guarantee
    an obligation under this chapter unless the Secretary finds that
    the property or project for which the obligation will be executed
    will be economically sound. In making that finding, the Secretary
    shall consider - 
        (1) the need in the particular segment of the maritime industry
      for new or additional capacity, including any impact on existing
      equipment for which a guarantee under this chapter is in effect;
        (2) the market potential for employment of the vessel over the
      life of the guarantee;
        (3) projected revenues and expenses associated with employment
      of the vessel;
        (4) any charter, contract of affreightment, transportation
      agreement, or similar agreement or undertaking relevant to the
      employment of the vessel;
        (5) other relevant criteria; and
        (6) for inland waterways, the need for technical improvements,
      including increased fuel efficiency or improved safety.

      (b) By Secretary of Commerce. - The Secretary of Commerce may not
    guarantee or make a commitment to guarantee an obligation under
    this chapter unless the Secretary finds, at or prior to the time
    the commitment is made or the guarantee becomes effective, that - 
        (1) the property or project for which the obligation will be
      executed will be economically sound; and
        (2) for a fishing vessel, the purpose of the financing or
      refinancing is consistent with - 
          (A) the wise use of the fisheries resources and the
        development, advancement, management, conservation, and
        protection of the fisheries resources; or
          (B) the need for technical improvements, including increased
        fuel efficiency or improved safety.

      (c) Used Fishing Vessels and Facilities. - The Secretary of
    Commerce may not guarantee or make a commitment to guarantee an
    obligation under this chapter for the purchase of a used fishing
    vessel or used fishery facility unless the vessel or facility will
    be - 
        (1) reconstructed or reconditioned in the United States and
      will contribute to the development of the United States fishing
      industry; or
        (2) used - 
          (A) in the harvesting of fish from an underused fishery; or
          (B) for a purpose described in the definition of "fishery
        facility" in section 53701 of this title with respect to an
        underused fishery.

      (d) Independent Analysis. - The Secretary may make a
    determination that aspects of an application under this chapter
    require independent analysis to be conducted by third party experts
    due to risk factors associated with markets, technology, 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.
      (e) Additional Equity Because of Increased Risks. -
    Notwithstanding any other provision of this chapter, the Secretary
    may make a determination that an application under this title
    requires additional equity because of increased risk factors
    associated with markets, technology, financial structures, or other
    risk factors identified by the Secretary.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1608; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(D), (2)(D), (b)(3)(A),
    (4), Jan. 6, 2006, 119 Stat. 3555, 3556.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      Subsec. (a) of this section was derived from section
    1274(d)(1)(A) of the former Appendix to this title, which was
    amended by Pub. L. 109-163, div. C, title XXXV, Sec. 3507(a)(2)(D),
    (b)(3)(A), Jan. 6, 2006, 119 Stat. 3555, 3556. Section
    1274(d)(1)(A) of the former Appendix to this title was amended by
    striking "Secretary" each place it appears except the first and
    inserting "Administrator" and by striking "Secretary of
    Transportation" and inserting "Administrator".
      Subsecs. (d) and (e) of this section were derived from pars. (2)
    and (3), respectively, of section 1274(f) of the former Appendix to
    this title, which was amended by Pub. L. 109-163, div. C, title
    XXXV, Sec. 3507(a)(1)(D), (b)(4), Jan. 6, 2006, 119 Stat. 3555,
    3556. Section 1274(f) of the former Appendix to this title was
    amended by striking "Secretary" each place it appears and inserting
    "Secretary or Administrator", by striking "financial structures, or
    other risk factors identified by the Secretary or Administrator."
    in pars. (2) and (3) and inserting "or financial structures.", and
    by adding at the end the following:
      "(5) A third party independent analysis conducted under paragraph
    (2) [now subsec. (d) of this section] shall be performed by a
    private sector expert in assessing such risk factors who is
    selected by the Administrator."
      For applicability of those amendments to this section, see
    section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose
    and Construction note preceding section 101 of this title.



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53708(a)       46                      June 29, 1936, ch. 858,      
                    App.:1274(d)(1)(A).     title XI, Sec. 1104A(d)(1), 
                                            (2) [Sec. 1104A formerly    
                                            Sec. 1104], as added June   
                                            23, 1938, ch. 600, Sec. 46, 
                                            52 Stat. 970; Aug. 4, 1939, 
                                            ch. 417, Sec. 14, 53 Stat.  
                                            1187; Sept. 28, 1950, ch.   
                                            1093, Sec. 4, 64 Stat. 1078;
                                            Aug. 15, 1953, ch. 513, Sec.
                                            2, 67 Stat. 626; Sept. 3,   
                                            1954, ch. 1265, Sec. 4, 68  
                                            Stat. 1269; Pub. L. 86-123, 
                                            Secs. 1(3), 2, July 31,     
                                            1959, 73 Stat. 269, 271;    
                                            Pub. L. 86-127, Sec. 1(3),  
                                            (4), July 31, 1959, 73 Stat.
                                            273; Pub. L. 86-518, Sec. 1,
                                            June 12, 1960, 74 Stat. 216;
                                            Pub. L. 86-685, Secs. 2, 3, 
                                            Sept. 2, 1960, 74 Stat. 733;
                                            Pub. L. 90-341, June 15,    
                                            1968, 82 Stat. 180; Pub. L. 
                                            91-469, Secs. 31, 32, Oct.  
                                            21, 1970, 84 Stat. 1035;    
                                            restated Pub. L. 92-507,    
                                            Sec. 3, Oct. 19, 1972, 86   
                                            Stat. 910; Pub. L. 96-561,  
                                            title II, Sec. 220(3)(C),   
                                            Dec. 22, 1980, 94 Stat.     
                                            3293; Pub. L. 97-31, Sec.   
                                            12(136), Aug. 6, 1981, 95   
                                            Stat. 166; Pub. L. 97-35,   
                                            title XVI, Sec. 1606(c),    
                                            Aug. 13, 1981, 95 Stat. 752;
                                            Pub. L. 98-595, Sec. 1(6),  
                                            Oct. 30, 1984, 98 Stat.     
                                            3130; Sec. 1104 renumbered  
                                            as Sec. 1104A, Pub. L.      
                                            101-380, title IV, Sec.     
                                            4115(f)(1), Aug. 18, 1990,  
                                            104 Stat. 521.              
    53708(b)       46                                                   
                    App.:1274(d)(1)(B).                                 
    53708(c)       46 App.:1274(d)(2).                                  
    53708(d)       46 App.:1274(f)(2).     June 29, 1936, ch. 858,      
                                            title XI, Sec. 1104A(f)(2), 
                                            (3), as added Pub. L.       
                                            108-136, title XXXV, Sec.   
                                            3526(2)(C), Nov. 24, 2003,  
                                            117 Stat. 1801.             
    53708(e)       46 App.:1274(f)(3).                                  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53709                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53709. Amount of obligations

-STATUTE-
      (a) In General. - The principal of an obligation may not be
    guaranteed in an amount greater than the amount determined by
    multiplying the percentage applicable under subsection (b) by - 
        (1) the amount paid by or for the account of the obligor (as
      determined by the Secretary, which determination shall be
      conclusive) for the construction, reconstruction, or
      reconditioning of the vessel used as security for the guarantee;
      or
        (2) if the obligor creates an escrow fund under section 53715
      of this title, the actual cost of the vessel.

      (b) Limitations on Amount Borrowed. - 
        (1) In general. - Except as otherwise provided, the principal
      amount of an obligation guaranteed under this chapter may not
      exceed 75 percent of the actual cost or depreciated actual cost,
      as determined by the Secretary, of the vessel used as security
      for the guarantee.
        (2) Certain approved vessels. - The principal amount may not
      exceed 87.5 percent of the actual cost or depreciated actual cost
      if - 
          (A) the size and speed of the vessel are approved by the
        Secretary;
          (B) the vessel is or would have been eligible for mortgage
        aid for construction under section 509 of the Merchant Marine
        Act, 1936, or would have been eligible except that the vessel
        was built with a construction-differential subsidy and the
        subsidy has been repaid; and
          (C) the vessel is of a type described in that section for
        which the minimum down payment required by that section is 12.5
        percent of the cost of the vessel.

        (3) Barges. - For a barge constructed without a construction-
      differential subsidy or for which the subsidy has been repaid,
      the principal amount may not exceed 87.5 percent of the actual
      cost or depreciated actual cost.
        (4) Fishing vessels and fishery facilities. - For a fishing
      vessel or fishery facility, the principal amount may not exceed
      80 percent of the actual cost or depreciated actual cost.
      However, debt for the vessel or facility may not be placed
      through the Federal Financing Bank.
        (5) OTEC. - For an ocean thermal energy conversion facility or
      plantship constructed without a construction-differential
      subsidy, the principal amount may not exceed 87.5 percent of the
      actual cost or depreciated actual cost of the facility or
      plantship.
        (6) Eligible export vessels. - For an eligible export vessel,
      the principal amount may not exceed 87.5 percent of the actual
      cost or depreciated actual cost.

      (c) Security Involving Multiple Vessels. - The principal amount
    of an obligation having more than one vessel as security for the
    guarantee may not exceed the sum of the principal amounts allowable
    for all the vessels.
      (d) Prohibition on Uniform Percentage Limitations. - The
    Secretary may not establish a percentage under any provision of
    subsection (b) that is to be applied uniformly to all guarantees or
    commitments to guarantee made under that provision.
      (e) Prohibition on Minimum Principal Amount. - The Secretary may
    not establish, as a condition of eligibility for a guarantee under
    this chapter, a minimum principal amount for an obligation covering
    the reconstruction or reconditioning of a fishing vessel or fishery
    facility. For purposes of this chapter, the reconstruction or
    reconditioning of a fishing vessel or fishery facility does not
    include the routine minor repair or maintenance of the vessel or
    facility.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1609; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(C), (D), Jan. 6, 2006,
    119 Stat. 3555.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      Subsecs. (a) to (d) of this section were derived from sections
    1273(c) and 1274(b)(2), (c)(1) (last sentence), and (i) of the
    former Appendix to this title, which were amended by Pub. L. 109-
    163, div. C, title XXXV, Sec. 3507(a)(1)(C), (D), Jan. 6, 2006,
    119 Stat. 3555. For applicability of those amendments to this
    section, see section 18(a) of Pub. L. 109-304, set out as a
    Legislative Purpose and Construction note preceding section 101 of
    this title. Those provisions of the former Appendix to this title
    were amended by striking "Secretary" each place it appears and
    inserting "Secretary or Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53709(a)       46 App.:1273(c).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1103(c), as  
                                            added June 23, 1938, ch.    
                                            600, Sec. 46, 52 Stat. 969; 
                                            Aug. 15, 1953, ch. 513, Sec.
                                            1, 67 Stat. 626; Sept. 3,   
                                            1954, ch. 1265, Sec. 3, 68  
                                            Stat. 1268; June 25, 1956,  
                                            ch. 438, 70 Stat. 332; Aug. 
                                            7, 1956, ch. 1026, Sec.     
                                            1(a), (c), (d), 70 Stat.    
                                            1087; Pub. L. 91-469, Sec.  
                                            30, Oct. 21, 1970, 84 Stat. 
                                            1035; restated Pub. L.      
                                            92-507, Sec. 3, Oct. 19,    
                                            1972, 86 Stat. 910; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166.         
    53709(b)       46 App.:1274(b)(2).     June 29, 1936, ch. 858,      
                                            title XI, Sec. 1104A(b)(2), 
                                            (last 2 sentences), (c)(1)  
                                            (last sentence) [Sec. 1104A 
                                            formerly Sec. 1104], as     
                                            added June 23, 1938, ch.    
                                            600, Sec. 46, 52 Stat. 970; 
                                            Aug. 4, 1939, ch. 417, Sec. 
                                            14, 53 Stat. 1187; Sept. 28,
                                            1950, ch. 1093, Sec. 4, 64  
                                            Stat. 1078; Aug. 15, 1953,  
                                            ch. 513, Sec. 2, 67 Stat.   
                                            626; Sept. 3, 1954, ch.     
                                            1265, Sec. 4, 68 Stat. 1269;
                                            Pub. L. 86-123, Secs. 1(3), 
                                            2, July 31, 1959, 73 Stat.  
                                            269, 271; Pub. L. 86-127,   
                                            Sec. 1(3), (4), July 31,    
                                            1959, 73 Stat. 273; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            86-685, Secs. 2, 3, Sept. 2,
                                            1960, 74 Stat. 733; Pub. L. 
                                            90-341, June 15, 1968, 82   
                                            Stat. 180; Pub. L. 91-469,  
                                            Secs. 31, 32, Oct. 21, 1970,
                                            84 Stat. 1035; restated Pub.
                                            L. 92-507, Sec. 3, Oct. 19, 
                                            1972, 86 Stat. 910; Pub. L. 
                                            95-257, Apr. 7, 1978, 92    
                                            Stat. 194; Pub. L. 96-320,  
                                            title II, Sec. 202(c), Aug. 
                                            3, 1980, 94 Stat. 992; Pub. 
                                            L. 96-561, title II, Sec.   
                                            220(3)(B), Dec. 22, 1980, 94
                                            Stat. 3293; Pub. L. 97-31,  
                                            Sec. 12(136), Aug. 6, 1981, 
                                            95 Stat. 166; Pub. L.       
                                            99-509, title V, Sec. 5003, 
                                            Oct. 21, 1986, 100 Stat.    
                                            1912; Sec. 1104 renumbered  
                                            as Sec. 1104A, Pub. L.      
                                            101-380, title IV, Sec.     
                                            4115(f)(1), Aug. 18, 1990,  
                                            104 Stat. 521; Pub. L.      
                                            103-160, div. A, title XIII,
                                            Sec. 1356(3)(B), (C), Nov.  
                                            30, 1993, 107 Stat. 1813;   
                                            Pub. L. 104-297, title III, 
                                            Sec. 302(a)(5), Oct. 11,    
                                            1996, 110 Stat. 3615.       
    53709(c)       46 App.:1274(c)(1)                                   
                    (last sentence).                                    
    53709(d)       46 App.:1274(i).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1104A(i), as 
                                            added Pub. L. 103-160, div. 
                                            A, title XIII, Sec.         
                                            1356(3)(E), Nov. 30, 1993,  
                                            107 Stat. 1814.             
    53709(e)       46 App.:1274(b)                                      
                    (last 2 sentences).                                 
    --------------------------------------------------------------------

      Subsections (a) and (d) are substituted for the source provisions
    for clarity and to eliminate unnecessary words.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 509 of the Merchant Marine Act, 1936, referred to in
    subsec. (b)(2)(B), is section 509 of act June 29, 1936, ch. 858, 49
    Stat. 1985, which is set out as a note under section 53101 of this
    title.

-End-



-CITE-
    46 USC Sec. 53710                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53710. Contents of obligations

-STATUTE-
      (a) In General. - An obligation guaranteed under this chapter
    must - 
        (1) provide for payments by the obligor satisfactory to the
      Secretary;
        (2) provide for interest (exclusive of guarantee fees and other
      fees) at a rate not more than the annual rate on the unpaid
      principal that the Secretary determines is reasonable,
      considering the range of interest rates prevailing in the private
      market for similar loans and the risks assumed by the Secretary;
        (3) have a maturity date satisfactory to the Secretary, but - 
          (A) not more than 25 years after the date of delivery of the
        vessel used as security for the guarantee; or
          (B) if the vessel has been reconstructed or reconditioned,
        not more than the later of - 
            (i) 25 years after the date of delivery of the vessel; or
            (ii) the remaining years of useful life of the vessel as
          determined by the Secretary; and

        (4) provide, or a related agreement must provide, that if the
      vessel used as security for the guarantee is a delivered vessel,
      the vessel shall be - 
          (A) in class A-1, American Bureau of Shipping, or meet other
        standards acceptable to the Secretary, with all required
        certificates, including marine inspection certificates of the
        Coast Guard or, in the case of an eligible export vessel, of
        the appropriate foreign authorities under a treaty, convention,
        or other international agreement to which the United States is
        a party, and with all outstanding requirements and
        recommendations necessary for class retention accomplished,
        unless the Secretary permits a deferment of repairs necessary
        to meet these requirements; and
          (B) well equipped, in good repair, and in every respect
        seaworthy and fit for service.

      (b) Provisions for Certain Passenger Vessels. - 
        (1) In general. - With the Secretary's approval, if the vessel
      used as security for the guarantee is a passenger vessel having
      the tonnage, speed, passenger accommodations, and other
      characteristics described in section 503 of the Merchant Marine
      Act, 1936, an obligation guaranteed under this chapter or a
      related agreement may provide that - 
          (A) the only recourse by the United States Government against
        the obligor for payments under the guarantee will be
        repossession of the vessel and assignment of insurance claims;
        and
          (B) the obligor's liability for payments under the guarantee
        will be satisfied and discharged by the surrender of the vessel
        and all interest in the vessel to the Government in the
        condition described in paragraph (2).

        (2) Surrender of vessel. - 
          (A) In general. - On surrender, the vessel must be - 
            (i) free and clear of all liens and encumbrances except the
          security interest conveyed to the Secretary under this
          chapter;
            (ii) in class; and
            (iii) in as good order and condition (ordinary wear and
          tear excepted) as when acquired by the obligor.

          (B) Covering deficiencies by insurance. - To the extent
        covered by insurance, a deficiency related to a requirement in
        subparagraph (A) may be satisfied by assignment of the
        obligor's insurance claims to the Government.

      (c) Other Provisions To Protect Security Interests. - An
    obligation guaranteed under this chapter and any related agreement
    must contain other provisions for the protection of the security
    interests of the Government (including acceleration, assumption,
    and subrogation provisions and the issuance of notes by the obligor
    to the Secretary), liens and releases of liens, payment of taxes,
    and other matters that the Secretary may prescribe.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1610; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(D), (2)(C), Jan. 6,
    2006, 119 Stat. 3555.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      Subsecs. (a) and (c) of this section were derived from subsecs.
    (b)(3) to (6) and (h), respectively, of section 1274 of the former
    Appendix to this title, which were amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3507(a)(1)(D), Jan. 6, 2006, 119 Stat. 3555, by
    striking "Secretary" each place it appears and inserting "Secretary
    or Administrator".
      Subsec. (b) of this section was derived from section 1274(b)(7)
    of the former Appendix to this title, which was amended by Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(2)(C), Jan. 6, 2006, 119
    Stat. 3555, by striking "Secretary" each place it appears and
    inserting "Administrator".
      For applicability of those amendments to this section, see
    section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose
    and Construction note preceding section 101 of this title.



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53710(a)(1)    46 App.:1274(b)(4).     June 29, 1936, ch. 858,      
                                            title XI, Sec.              
                                            1104A(b)(3)-(7), (h) [Sec.  
                                            1104A formerly Sec. 1104],  
                                            as added June 23, 1938, ch. 
                                            600, Sec. 46, 52 Stat. 970; 
                                            Aug. 4, 1939, ch. 417, Sec. 
                                            14, 53 Stat. 1187; Sept. 28,
                                            1950, ch. 1093, Sec. 4, 64  
                                            Stat. 1078; Aug. 15, 1953,  
                                            ch. 513, Sec. 2, 67 Stat.   
                                            626; Sept. 3, 1954, ch.     
                                            1265, Sec. 4, 68 Stat. 1269;
                                            Pub. L. 86-123, Secs. 1(3), 
                                            2, July 31, 1959, 73 Stat.  
                                            269, 271; Pub. L. 86-127,   
                                            Sec. 1(3), (4), July 31,    
                                            1959, 73 Stat. 273; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            86-685, Secs. 2, 3, Sept. 2,
                                            1960, 74 Stat. 733; Pub. L. 
                                            90-341, June 15, 1968, 82   
                                            Stat. 180; Pub. L. 91-469,  
                                            Secs. 31, 32, Oct. 21, 1970,
                                            84 Stat. 1035; restated Pub.
                                            L. 92-507, Sec. 3, Oct. 19, 
                                            1972, 86 Stat. 911, 914;    
                                            Pub. L. 97-31, Sec. 12(136),
                                            Aug. 6, 1981, 95 Stat. 166; 
                                            Pub. L. 98-595, Sec. 1(7),  
                                            Oct. 30, 1984, 98 Stat.     
                                            3131; Sec. 1104 renumbered  
                                            as Sec. 1104A, Pub. L.      
                                            101-380, title IV, Sec.     
                                            4115(f)(1), Aug. 18, 1990,  
                                            104 Stat. 521; Pub. L.      
                                            103-160, title XIII, Sec.   
                                            1356(3)(C), Nov. 30, 1993,  
                                            107 Stat. 1813.             
    53710(a)(2)    46 App.:1274(b)(5).                                  
    53710(a)(3)    46 App.:1274(b)(3).                                  
    53710(a)(4)    46 App.:1274(b)(6).                                  
    53710(b)       46 App.:1274(b)(7).                                  
    53710(c)       46 App.:1274(h).                                     
    --------------------------------------------------------------------

      During review of this bill, the American Bureau of Shipping,
    through counsel, explained that it disagrees with an existing
    interpretation by the Maritime Administration of language restated
    in subsection (a)(4)(A) of this section, and requested the
    Committee to clarify that this codification should not be construed
    as a ratification of that regulatory interpretation. The Committee
    therefore states that this codification should not be construed as
    an expression of any opinion whatsoever concerning any such
    administrative interpretation.
      In subsection (a)(3), the words "subject to the provisions of
    paragraph (2) of subsection (c) of this section" are omitted as
    unnecessary.
      In subsection (a)(4)(B), the words "well equipped, in good
    repair, and in every respect seaworthy and fit for service" are
    substituted for "tight, stanch, strong, and well and sufficiently
    tackled, appareled, furnished, and equipped, and in every respect
    seaworthy and in good running condition and repair, and in all
    respects fit for service" to eliminate unnecessary words.
      In subsection (b)(1), the reference to section 503 of the
    Merchant Marine Act, 1936, is substituted for the reference to
    "subchapter V of this chapter" because the relevant characteristics
    referred to in the text are contained in that section and because
    that section is part of the construction-differential subsidy
    program, which is not being restated.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 503 of the Merchant Marine Act, 1936, referred to in
    subsec. (b)(1), is section 503 of act June 29, 1936, ch. 858, 49
    Stat. 1985, which is set out as a note under section 53101 of this
    title.

-End-



-CITE-
    46 USC Sec. 53711                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53711. Security interest

-STATUTE-
      (a) In General. - The Secretary may guarantee an obligation under
    this chapter only if the obligor conveys or agrees to convey to the
    Secretary a security interest the Secretary considers necessary to
    protect the interest of the United States Government.
      (b) Multiple Vessels and Types of Security. - The security
    interest may relate to more than one vessel and may consist of more
    than one type of security. If the security interest relates to more
    than one vessel, the obligation may have the latest maturity date
    allowable under section 53710(a)(3) of this title for any of the
    vessels used as security for the guarantee. However, the Secretary
    may require such payments of principal prior to maturity, with
    respect to all related obligations, as the Secretary considers
    necessary to maintain adequate security for the guarantee.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1612; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(C), (D), Jan. 6, 2006,
    119 Stat. 3555.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      This section was derived from sections 1273(b) and 1274(c)(1)
    (1st sentence) and (2) of the former Appendix to this title, which
    were amended by Pub. L. 109-163, div. C, title XXXV, Sec.
    3507(a)(1)(C), (D), Jan. 6, 2006, 119 Stat. 3555. For applicability
    of those amendments to this section, see section 18(a) of Pub. L.
    109-304, set out as a Legislative Purpose and Construction note
    preceding section 101 of this title. Those provisions of the former
    Appendix to this title were amended by striking "Secretary" each
    place it appears and inserting "Secretary or Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53711(a)       46 App.:1273(b).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1103(b), as  
                                            added June 23, 1938, ch.    
                                            600, Sec. 46, 52 Stat. 969; 
                                            Aug. 15, 1953, ch. 513, Sec.
                                            1, 67 Stat. 626; Sept. 3,   
                                            1954, ch. 1265, Sec. 3, 68  
                                            Stat. 1268; June 25, 1956,  
                                            ch. 438, 70 Stat. 332; Aug. 
                                            7, 1956, ch. 1026, Sec.     
                                            1(a), (c), (d), 70 Stat.    
                                            1087; Pub. L. 91-469, Sec.  
                                            30, Oct. 21, 1970, 84 Stat. 
                                            1035; restated Pub. L.      
                                            92-507, Sec. 3, Oct. 19,    
                                            1972, 86 Stat. 910; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166.         
    53711(b)       46 App.:1274(c)(1)      June 29, 1936, ch. 858,      
                    (1st sentence), (2).     title XI, Sec. 1104A(c)(1)  
                                            (1st sentence), (2) [Sec.   
                                            1104A formerly Sec. 1104],  
                                            as added June 23, 1938, ch. 
                                            600, Sec. 46, 52 Stat. 970; 
                                            Aug. 4, 1939, ch. 417, Sec. 
                                            14, 53 Stat. 1187; Sept. 28,
                                            1950, ch. 1093, Sec. 4, 64  
                                            Stat. 1078; Aug. 15, 1953,  
                                            ch. 513, Sec. 2, 67 Stat.   
                                            626; Sept. 3, 1954, ch.     
                                            1265, Sec. 4, 68 Stat. 1269;
                                            Pub. L. 86-123, Secs. 1(3), 
                                            2, July 31, 1959, 73 Stat.  
                                            269, 271; Pub. L. 86-127,   
                                            Sec. 1(3), (4), July 31,    
                                            1959, 73 Stat. 273; Pub. L. 
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            86-685, Secs. 2, 3, Sept. 2,
                                            1960, 74 Stat. 733; Pub. L. 
                                            90-341, June 15, 1968, 82   
                                            Stat. 180; Pub. L. 91-469,  
                                            Secs. 31, 32, Oct. 21, 1970,
                                            84 Stat. 1035; restated Pub.
                                            L. 92-507, Sec. 3, Oct. 19, 
                                            1972, 86 Stat. 912; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166; Sec.    
                                            1104 renumbered as Sec.     
                                            1104A, Pub. L. 101-380,     
                                            title IV, Sec. 4115(f)(1),  
                                            Aug. 18, 1990, 104 Stat. 521.
    --------------------------------------------------------------------

      In subsection (a), the words "a security interest the Secretary
    considers necessary" are substituted for "such security interest,
    which may include a mortgage or mortgages on a vessel or vessels,
    as the Secretary may reasonably require" to eliminate unnecessary
    words.

-End-



-CITE-
    46 USC Sec. 53712                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53712. Monitoring financial condition and operations of
      obligor

-STATUTE-
      (a) In General. - The Secretary shall monitor the financial
    condition and operations of the obligor on a regular basis during
    the term of the guarantee. The Secretary shall document the results
    of the monitoring on an annual or quarterly basis depending on the
    condition of the obligor. If the Secretary determines that the
    financial condition of the obligor warrants additional protections
    to the Secretary, the Secretary shall take appropriate action under
    subsection (b). If the Secretary determines that the financial
    condition of the obligor jeopardizes its continued ability to
    perform its responsibilities in connection with the guarantee of an
    obligation by the Secretary, the Secretary shall make an immediate
    determination whether default should take place and whether further
    measures described in subsection (b) should be taken to protect the
    interests of the Secretary while ensuring that program objectives
    are met.
      (b) Contract Provisions To Protect Secretary. - The Secretary
    shall include provisions in a loan agreement with an obligor that
    provides additional authority to the Secretary to take action to
    limit potential losses in connection with a defaulted loan or a
    loan that is in jeopardy due to the deteriorating financial
    condition of the obligor. These provisions include requirements for
    additional collateral or greater equity contributions that are
    effective upon the occurrence of verifiable conditions relating to
    the obligor's financial condition or the status of the vessel or
    shipyard project.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1612; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(D), (b)(6), Jan. 6,
    2006, 119 Stat. 3555, 3556.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      This section was derived from subsecs. (k) and (m) of section
    1274 of the former Appendix to this title, which were amended by
    Pub. L. 109-163, div. C, title XXXV, Sec. 3507(a)(1)(D), (b)(6),
    Jan. 6, 2006, 119 Stat. 3555, 3556. For applicability of those
    amendments to this section, see section 18(a) of Pub. L. 109-304,
    set out as a Legislative Purpose and Construction note preceding
    section 101 of this title. Subsecs. (k) and (m) of section 1274 of
    the former Appendix to this title were amended by striking
    "Secretary" each place it appears and inserting "Secretary or
    Administrator", and subsec. (m) was further amended by striking the
    last sentence [now the last sentence of subsec. (b) of this
    section] and inserting "If the Secretary or Administrator has
    waived a requirement under subsection (d) of this section [now
    sections 53707(d), 53708(a) to (c), and 53732(c)(1) and (d) of this
    title], the loan agreement shall include requirements for
    additional payments, collateral, or equity contributions to meet
    such waived requirement upon the occurrence of verifiable
    conditions indicating that the obligor's financial condition
    enables the obligor to meet the waived requirement."



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53712(a)       46 App.:1274(k).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1104A(k),    
                                            (m), as added Pub. L.       
                                            108-136, title XXXV, Sec.   
                                            3523, Nov. 24, 2003, 117    
                                            Stat. 1800.                 
    53712(b)       46 App.:1274(m).                                     
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53713                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53713. Administrative fees

-STATUTE-
      (a) In General. - The Secretary shall charge and collect from the
    obligor fees the Secretary considers reasonable for - 
        (1) investigating an application for a guarantee;
        (2) appraising property offered as security for a guarantee;
        (3) issuing a commitment;
        (4) providing services related to an escrow fund under section
      53715 of this title; and
        (5) inspecting property during construction, reconstruction, or
      reconditioning.

      (b) Total Fee Limitation. - The total fees under subsection (a)
    may not exceed 0.5 percent of the original principal amount of the
    obligations to be guaranteed.
      (c) Fees for Independent Analysis. - The Secretary may charge and
    collect fees to cover the costs of independent analysis under
    section 53708(d) of this title. Notwithstanding section 3302 of
    title 31, any fee collected under this subsection shall - 
        (1) be credited as an offsetting collection to the account that
      finances the administration of the loan guarantee program;
        (2) be available for expenditure only to pay the costs of
      activities and services for which the fee is imposed; and
        (3) remain available until expended.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1612; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(D), Jan. 6, 2006, 119
    Stat. 3555.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from pars. (1) and (4) of section
    1274(f) of the former Appendix to this title, which was amended by
    Pub. L. 109-163, div. C, title XXXV, Sec. 3507(a)(1)(D), Jan. 6,
    2006, 119 Stat. 3555. For applicability of that amendment to this
    section, see section 18(a) of Pub. L. 109-304, set out as a
    Legislative Purpose and Construction note preceding section 101 of
    this title. Section 1274(f) of the former Appendix to this title
    was amended by striking "Secretary" each place it appears and
    inserting "Secretary or Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53713(a)       46 App.:1274(f)(1)      June 29, 1936, ch. 858,      
                    (words before           title XI, Sec. 1104A(f)(1), 
                    proviso).               (4) [Sec. 1104A formerly    
                                            Sec. 1104], as added June   
                                            23, 1938, ch. 600, Sec. 46, 
                                            52 Stat. 970; Aug. 4, 1939, 
                                            ch. 417, Sec. 14, 53 Stat.  
                                            1187; Sept. 28, 1950, ch.   
                                            1093, Sec. 4, 64 Stat. 1078;
                                            Aug. 15, 1953, ch. 513, Sec.
                                            2, 67 Stat. 626; Sept. 3,   
                                            1954, ch. 1265, Sec. 4, 68  
                                            Stat. 1269; Pub. L. 86-123, 
                                            Secs. 1(3), 2, July 31,     
                                            1959, 73 Stat. 269, 271;    
                                            Pub. L. 86-127, Sec. 1(3),  
                                            (4), July 31, 1959, 73 Stat.
                                            273; Pub. L. 86-518, Sec. 1,
                                            June 12, 1960, 74 Stat. 216;
                                            Pub. L. 86-685, Secs. 2, 3, 
                                            Sept. 2, 1960, 74 Stat. 733;
                                            Pub. L. 90-341, June 15,    
                                            1968, 82 Stat. 180; Pub. L. 
                                            91-469, Secs. 31, 32, Oct.  
                                            21, 1970, 84 Stat. 1035;    
                                            restated Pub. L. 92-507,    
                                            Sec. 3, Oct. 19, 1972, 86   
                                            Stat. 913; Pub. L. 97-31,   
                                            Sec. 12(136), Aug. 6, 1981, 
                                            95 Stat. 166; Sec. 1104     
                                            renumbered as Sec. 1104A,   
                                            Pub. L. 101-380, title IV,  
                                            Sec. 4115(f)(1), Aug. 18,   
                                            1990, 104 Stat. 521; Pub. L.
                                            107-314, title XXXV, Sec.   
                                            3503(2), Dec. 2, 2002, 116  
                                            Stat. 2754; Pub. L. 108-136,
                                            title XXXV, Sec. 3526(2),   
                                            Nov. 24, 2003, 117 Stat.    
                                            1801.                       
    53713(b)       46 App.:1274(f)(1)                                   
                    (proviso).                                          
    53713(c)       46 App.:1274(f)(4).                                  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53714                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53714. Guarantee fees

-STATUTE-
      (a) Regulations. - Subject to this section, the Secretary shall
    prescribe regulations to assess a fee for guaranteeing an
    obligation under this chapter.
      (b) Computation of Fee. - 
        (1) In general. - The amount of the fee for a guarantee under
      this chapter shall be equal to the sum of the amounts determined
      under paragraph (2) for the years in which the guarantee is in
      effect.
        (2) Present value for each year. - The amount referred to in
      paragraph (1) for a year in which the guarantee is in effect is
      the present value of the amount calculated under paragraph (3).
      To determine the present value, the Secretary shall apply a
      discount rate determined by the Secretary of the Treasury,
      considering current market yields on outstanding obligations of
      the United States Government having periods to maturity
      comparable to the period to maturity for the guaranteed
      obligation.
        (3) Calculation of amount. - The amount referred to in
      paragraph (2) shall be calculated by multiplying - 
          (A) the estimated average unpaid principal amount of the
        obligation that will be outstanding during the year (excluding
        the average amount, other than interest, on deposit during the
        year in an escrow fund under section 53715 of this title); by
          (B) the fee rate set under paragraph (4).

        (4) Setting fee rates. - To set the fee rate referred to in
      paragraph (3)(B), the Secretary shall establish a formula that - 
          (A) takes into account the security provided for the
        guaranteed obligation; and
          (B) is a sliding scale based on the creditworthiness of the
        obligor, using - 
            (i) the lowest allowable rate under paragraph (5) for the
          most creditworthy obligors; and
            (ii) the highest allowable rate under paragraph (5) for the
          least creditworthy obligors.

        (5) Permissible range of rates. - The fee rate set under
      paragraph (4) shall be - 
          (A) for a delivered vessel or equipment, at least 0.5 percent
        and not more than 1 percent; and
          (B) for a vessel to be constructed, reconstructed, or
        reconditioned or equipment to be delivered, at least 0.25
        percent and not more than 0.5 percent.

      (c) When Fee Collected. - A fee for the guarantee of an
    obligation under this chapter shall be collected not later than the
    date on which an amount is first paid on the obligation.
      (d) Financing the Fee. - A fee paid under this section is
    eligible to be financed under this chapter and shall be included in
    the actual cost of the obligation guaranteed.
      (e) Not Refundable. - A fee paid under this section is not
    refundable. However, an obligor shall receive credit for the amount
    paid for the remaining term of the obligation if the obligation is
    refinanced and guaranteed under this chapter after the refinancing.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1613; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(D), Jan. 6, 2006, 119
    Stat. 3555.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 1274(e) of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3507(a)(1)(D), Jan. 6, 2006, 119 Stat. 3555.
    For applicability of that amendment to this section, see section
    18(a) of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section
    1274(e) of the former Appendix to this title was amended by
    striking "Secretary" each place it appears (except in par. (2)(F)
    [restated in subsec. (b)(2) of this section] the second place it
    appears) and inserting "Secretary or Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53714(a)       46 App.:1274(e)(1).     June 29, 1936, ch. 858,      
                                            title XI, Sec. 1104A(e)     
                                            [Sec. 1104A formerly Sec.   
                                            1104], as added June 23,    
                                            1938, ch. 600, Sec. 46, 52  
                                            Stat. 970; Aug. 4, 1939, ch.
                                            417, Sec. 14, 53 Stat. 1187;
                                            Sept. 28, 1950, ch. 1093,   
                                            Sec. 4, 64 Stat. 1078; Aug. 
                                            15, 1953, ch. 513, Sec. 2,  
                                            67 Stat. 626; Sept. 3, 1954,
                                            ch. 1265, Sec. 4, 68 Stat.  
                                            1269; Pub. L. 86-123, Secs. 
                                            1(3), 2, July 31, 1959, 73  
                                            Stat. 269, 271; Pub. L.     
                                            86-127, Sec. 1(3), (4), July
                                            31, 1959, 73 Stat. 273; Pub.
                                            L. 86-518, Sec. 1, June 12, 
                                            1960, 74 Stat. 216; Pub. L. 
                                            86-685, Secs. 2, 3, Sept. 2,
                                            1960, 74 Stat. 733; Pub. L. 
                                            90-341, June 15, 1968, 82   
                                            Stat. 180; Pub. L. 91-469,  
                                            Secs. 31, 32, Oct. 21, 1970,
                                            84 Stat. 1035; restated Pub.
                                            L. 92-507, Sec. 3, Oct. 19, 
                                            1972, 86 Stat. 913; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166; Pub. L. 
                                            98-595, Sec. 1(12), Oct. 30,
                                            1984, 98 Stat. 3131; Sec.   
                                            1104 renumbered as Sec.     
                                            1104A, Pub. L. 101-380,     
                                            title IV, Sec. 4115(f)(1),  
                                            Aug. 18, 1990, 104 Stat.    
                                            521; Pub. L. 104-239, Sec.  
                                            13(c), Oct. 8, 1996, 110    
                                            Stat. 3136.                 
    53714(b)       46 App.:1274(e)(2).                                  
    53714(c)       46 App.:1274(e)(3).                                  
    53714(d)       46 App.:1274(e)(5).                                  
    53714(e)       46 App.:1274(e)(4).                                  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53715                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53715. Escrow fund

-STATUTE-
      (a) In General. - If the proceeds of an obligation guaranteed
    under this chapter are to be used to finance the construction,
    reconstruction, or reconditioning of a vessel that will serve as
    security for a guarantee under this chapter, the Secretary may
    accept and hold in escrow, under an escrow agreement with the
    obligor, a portion of the proceeds of all obligations guaranteed
    under this chapter whose proceeds are to be so used which is equal
    to - 
        (1) the excess of - 
          (A) the principal amount of all obligations whose proceeds
        are to be so used; over
          (B) 75 percent or 87.5 percent, whichever is applicable under
        section 53709(b) of this title, of the amount paid by or for
        the account of the obligor for the construction,
        reconstruction, or reconditioning of the vessel; plus

        (2) any interest the Secretary may require on the amount
      described in paragraph (1).

      (b) Security Involving Both Uncompleted and Delivered Vessels. -
    If the security for the guarantee of an obligation relates both to
    a vessel to be constructed, reconstructed, or reconditioned and to
    a delivered vessel, the principal amount of the obligation shall be
    prorated for purposes of subsection (a) under regulations
    prescribed by the Secretary.
      (c) Disbursement Before Termination of Agreement. - 
        (1) Purposes. - The Secretary shall disburse amounts in the
      escrow fund, as specified in the escrow agreement, to - 
          (A) pay amounts the obligor is obligated to pay for - 
            (i) the construction, reconstruction, or reconditioning of
          a vessel used as security for the guarantee; and
            (ii) interest on the obligations;

          (B) redeem the obligations under a refinancing guaranteed
        under this chapter; and
          (C) pay any excess interest deposits to the obligor at times
        provided for in the escrow agreement.

        (2) Manner of payment. - If a payment becomes due under the
      guarantee before the termination of the escrow agreement, the
      amount in the escrow fund at the time the payment becomes due,
      including realized income not yet paid to the obligor, shall be
      paid into the appropriate account under section 53717 of this
      title. The amount shall be credited against amounts due or to
      become due from the obligor to the Secretary on the guaranteed
      obligations or, to the extent not so required, be paid to the
      obligor.

      (d) Payments Required Before Disbursement. - 
        (1) In general. - No disbursement shall be made under
      subsection (c) to any person until the total amount paid by or
      for the account of the obligor from sources other than the
      proceeds of the obligation equals at least 25 percent or 12.5
      percent, whichever is applicable under section 53709(b) of this
      title, of the aggregate actual cost of the vessel, as previously
      approved by the Secretary. If the aggregate actual cost of the
      vessel has increased since the Secretary's initial approval or if
      it increases after the first disbursement is permitted under this
      subsection, then no further disbursements shall be made under
      subsection (c) until the total amount paid by or for the account
      of the obligor from sources other than the proceeds of the
      obligation equals at least 25 percent or 12.5 percent, as
      applicable, of the increase, as determined by the Secretary, in
      the aggregate actual cost of the vessel. This paragraph does not
      require the Secretary to consent to finance any increase in
      actual cost unless the Secretary determines that such an increase
      in the obligation meets all the terms and conditions of this
      chapter or other applicable law.
        (2) Documented proof of progress requirement. - The Secretary
      shall, by regulation, establish a transparent, independent, and
      risk-based process for verifying and documenting the progress of
      projects under construction before disbursing guaranteed loan
      funds. At a minimum, the process shall require documented proof
      of progress in connection with the construction, reconstruction,
      or reconditioning of a vessel or vessels before disbursements are
      made from the escrow fund. The Secretary may require that the
      obligor provide a certificate from an independent party
      certifying that the requisite progress in construction,
      reconstruction, or reconditioning has taken place.

      (e) Disbursement on Termination of Agreement. - 
        (1) In general. - If a payment has not become due under the
      guarantee before the termination of the escrow agreement, the
      balance of the escrow fund at the time of termination shall be
      disbursed to - 
          (A) prepay the excess of - 
            (i) the principal amount of all obligations whose proceeds
          are to be used to finance the construction, reconstruction,
          or reconditioning of the vessel used or to be used as
          security for the guarantee; over
            (ii) 75 percent or 87.5 percent, whichever is applicable
          under section 53709(b) of this title, of the actual cost of
          the vessel to the extent paid; and

          (B) pay interest on that prepaid amount of principal.

        (2) Remaining balance. - Any remaining balance of the escrow
      fund shall be paid to the obligor.

      (f) Investment. - The Secretary may invest and reinvest any part
    of an escrow fund in obligations of the United States Government
    with maturities such that the escrow fund will be available as
    required for purposes of the escrow agreement. Investment income
    shall be paid to the obligor when received.
      (g) Terms To Protect Government. - The escrow agreement shall
    contain other terms the Secretary considers necessary to protect
    fully the interests of the Government.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1614; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(H), (3), Jan. 6, 2006,
    119 Stat. 3555.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      This section was derived from section 1279a of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3507(a)(1)(H), (3), Jan. 6, 2006, 119 Stat.
    3555. For applicability of those amendments to this section, see
    section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose
    and Construction note preceding section 101 of this title. Section
    1279a of the former Appendix to this title was amended by striking
    "Secretary" each place it appears and inserting "Secretary or
    Administrator" and by striking "Secretary's" in subsec. (g)(1) [now
    subsec. (d)(1) of this section] and inserting "Secretary's or
    Administrator's".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53715(a)       46 App.:1279a(a)        June 29, 1936, ch. 858,      
                    (less proviso).         title XI, Sec. 1108,        
                                            formerly Sec. 1111, as added
                                            Pub. L. 86-127, Sec. 1(2),  
                                            July 31, 1959, 73 Stat. 272;
                                            renumbered Pub. L. 92-507,  
                                            Sec. 5, Oct. 19, 1972, 86   
                                            Stat. 916; Pub. L. 97-31,   
                                            Sec. 12(136), Aug. 6, 1981, 
                                            95 Stat. 166; Pub. L.       
                                            108-136, title XXXV, Sec.   
                                            3521(a), Nov. 24, 2003, 117 
                                            Stat. 1799.                 
    53715(b)       46 App.:1279a(a)                                     
                    (proviso).                                          
    53715(c)       46 App.:1279a(b).                                    
    53715(d)       46 App.:1279a(g).                                    
    53715(e)       46 App.:1279a(c).                                    
    53715(f)       46 App.:1279a(d),                                    
                    (e).                                                
    53715(g)       46 App.:1279a(f).                                    
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53716                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53716. Deposit fund

-STATUTE-
      (a) In General. - There is a deposit fund in the Treasury for
    purposes of this section. The Secretary, in accordance with an
    agreement under subsection (b), may deposit into and hold in the
    fund cash belonging to an obligor to serve as collateral for a
    guarantee made under this chapter with respect to the obligor.
      (b) Agreement. - The Secretary and an obligor shall make a
    reserve fund or other collateral account agreement to govern the
    deposit, withdrawal, retention, use, and reinvestment of cash of
    the obligor held in the fund. The agreement shall contain - 
        (1) terms and conditions required by this section;
        (2) terms that grant to the United States Government a security
      interest in all amounts deposited into the fund; and
        (3) any additional terms considered by the Secretary to be
      necessary to protect fully the interests of the Government.

      (c) Investment. - The Secretary may invest and reinvest any part
    of the amounts in the fund in obligations of the Government with
    maturities such that amounts in the fund will be available as
    required for purposes of the agreement under subsection (b). Cash
    balances in the fund in excess of current requirements shall be
    maintained in a form of uninvested funds, and the Secretary of the
    Treasury shall pay interest on these funds.
      (d) Withdrawals. - 
        (1) In general. - Cash deposited into the fund may not be
      withdrawn without the consent of the Secretary.
        (2) Use of income. - Subject to paragraph (3), the Secretary
      may pay any income earned on cash of an obligor deposited into
      the fund in accordance with the agreement with the obligor under
      subsection (b).
        (3) Retention against default. - The Secretary may retain and
      offset any or all of the cash of an obligor in the fund, and any
      income realized thereon, as part of the Secretary's recovery
      against the obligor in case of a default by the obligor on an
      obligation.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1616; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(H), (3), Jan. 6, 2006,
    119 Stat. 3555.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      This section was derived from section 1279b of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3507(a)(1)(H), (3), Jan. 6, 2006, 119 Stat.
    3555. For applicability of those amendments to this section, see
    section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose
    and Construction note preceding section 101 of this title. Section
    1279b of the former Appendix to this title was amended by striking
    "Secretary" each place it appears (except the second place in
    subsec. (c) [now subsec. (c) of this section]) and inserting
    "Secretary or Administrator" and by striking "Secretary's" in
    subsec. (d)(3) [now subsec. (d)(3) of this section] and inserting
    "Secretary's or Administrator's".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53716          46 App.:1279b.          June 29, 1936, ch. 858,      
                                            title XI, Sec. 1109, as     
                                            added Pub. L. 107-107, title
                                            XXXV, Sec. 3503, Dec. 28,   
                                            2001, 115 Stat. 1392.       
    --------------------------------------------------------------------

      In subsection (a), the word "established" is omitted for
    consistency with other codified titles of the United States Code.

-End-



-CITE-
    46 USC Sec. 53717                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53717. Management of funds in the Treasury

-STATUTE-
      (a) Definition. - In this section, the term "FCRA" means the
    Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
      (b) Loan Guarantees by Secretary of Transportation. - 
        (1) When not subject to fcra. - The Secretary of Transportation
      shall account for payments and disbursements involving
      obligations guaranteed under this chapter and not subject to FCRA
      in an account in the Treasury entitled the Federal Ship Financing
      Fund Liquidating Account (a liquidating account as defined in
      FCRA).
        (2) When subject to fcra. - The Secretary of Transportation
      shall account for payments and disbursements involving
      obligations guaranteed under this chapter and subject to FCRA in
      a separate account in the Treasury entitled the Federal Ship
      Financing Guaranteed Loan Financing Account (a financing account
      as defined in FCRA).

      (c) Loan Guarantees by Secretary of Commerce. - 
        (1) When not subject to fcra. - The Secretary of Commerce shall
      account for payments and disbursements involving obligations
      guaranteed under this chapter and not subject to FCRA in a
      separate account in the Treasury established for this purpose.
        (2) When subject to fcra. - The Secretary of Commerce shall
      account for payments and disbursements involving obligations
      guaranteed under this chapter and subject to FCRA in a separate
      account in the Treasury established for this purpose.

      (d) Direct Loans by Secretary of Commerce. - The Secretary of
    Commerce shall account for payments and disbursements involving
    direct loans made under this chapter in a separate account in the
    Treasury established for this purpose.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1616; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(B), (D), (c)(2), Jan.
    6, 2006, 119 Stat. 3555, 3556.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      This section was derived from sections 1272, 1274(g), and 1280 of
    the former Appendix to this title, which were amended by Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(B), (D), (c)(2), Jan.
    6, 2006, 119 Stat. 3555, 3556. For applicability of those
    amendments to this section, see section 18(a) of Pub. L. 109-304,
    set out as a Legislative Purpose and Construction note preceding
    section 101 of this title. Sections 1272 and 1274(g) of the former
    Appendix to this title were amended by striking "Secretary" each
    place it appears and inserting "Secretary or Administrator", and
    section 1280 of the former Appendix to this title was amended by
    inserting "or the Administrator of the Maritime Administration"
    after "Secretary".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53717          46 App.:1272.           June 29, 1936, ch. 858,      
                                            title XI, Sec. 1102, as     
                                            added June 23, 1938, ch.    
                                            600, Sec. 46, 52 Stat. 969; 
                                            Sept. 3, 1954, ch. 1265,    
                                            Sec. 2, 68 Stat. 1268; Pub. 
                                            L. 86-123, Sec. 1(2), July  
                                            31, 1959, 73 Stat. 269; Pub.
                                            L. 92-507, Sec. 2, Oct. 19, 
                                            1972, 86 Stat. 910; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166.         
                   46 App.:1274(g).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1104A(g)     
                                            [Sec. 1104A formerly Sec.   
                                            1104], as added June 23,    
                                            1938, ch. 600, Sec. 46, 52  
                                            Stat. 970; Aug. 4, 1939, ch.
                                            417, Sec. 14, 53 Stat. 1187;
                                            Sept. 28, 1950, ch. 1093,   
                                            Sec. 4, 64 Stat. 1078; Aug. 
                                            15, 1953, ch. 513, Sec. 2,  
                                            67 Stat. 626; Sept. 3, 1954,
                                            ch. 1265, Sec. 4, 68 Stat.  
                                            1269; Pub. L. 86-123, Secs. 
                                            1(3), 2, July 31, 1959, 73  
                                            Stat. 269, 271; Pub. L.     
                                            86-127, Sec. 1(3), (4), July
                                            31, 1959, 73 Stat. 273; Pub.
                                            L. 86-518, Sec. 1, June 12, 
                                            1960, 74 Stat. 216; Pub. L. 
                                            86-685, Secs. 2, 3, Sept. 2,
                                            1960, 74 Stat. 733; Pub. L. 
                                            90-341, June 15, 1968, 82   
                                            Stat. 180; Pub. L. 91-469,  
                                            Secs. 31, 32, Oct. 21, 1970,
                                            84 Stat. 1035; restated Pub.
                                            L. 92-507, Sec. 3, Oct. 19, 
                                            1972, 86 Stat. 914; Pub. L. 
                                            96-561, title II, Sec.      
                                            220(3)(D), Dec. 22, 1980, 94
                                            Stat. 3294; Pub. L. 97-31,  
                                            Sec. 12(136), Aug. 6, 1981, 
                                            95 Stat. 166; Pub. L. 97-35,
                                            title XVI, Sec. 1606(d),    
                                            Aug. 13, 1981, 95 Stat. 752;
                                            Sec. 1104 renumbered as Sec.
                                            1104A, Pub. L. 101-380,     
                                            title IV, Sec. 4115(f)(1),  
                                            Aug. 18, 1990, 104 Stat. 521.
                   46 App.:1280.           Pub. L. 85-469, title I,     
                                            Sec. 101 (par. under heading
                                            "Federal Ship Mortgage      
                                            Insurance Fund"), June 25,  
                                            1958, 72 Stat. 231; Pub. L. 
                                            97-31, Sec. 12(137), Aug. 6,
                                            1981, 95 Stat. 166.         
    --------------------------------------------------------------------

      The Federal Ship Financing Fund which had been created by 46 App.
    U.S.C. 1272 is obsolete as a result of the Federal Credit Reform
    Act of 1990 (2 U.S.C. 661 et seq.). This section codifies the
    current requirements and practices for the management of funds
    under this chapter, based on the requirements of that Act.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Credit Reform Act of 1990, referred to in subsec.
    (a), is title V of Pub. L. 93-344, as added by Pub. L. 101-508,
    title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, which
    is classified generally to subchapter III (Sec. 661 et seq.) of
    chapter 17A of Title 2, The Congress. For complete classification
    of this Act to the Code, see Short Title note set out under section
    621 of Title 2 and Tables.

-End-



-CITE-
    46 USC Sec. 53718                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 53718. Annual report to Congress

-STATUTE-
      The Secretary of Transportation shall report to Congress annually
    on the loan guarantee program under this chapter. Each report shall
    include - 
        (1) the size, in dollars, of the portfolio of loans guaranteed;
        (2) the size, in dollars, of projects in the portfolio facing
      financial difficulties;
        (3) the number and type of projects covered;
        (4) a profile of pending loan applications;
        (5) the amount of appropriations available for new guarantees;
        (6) a profile of each project approved since the last report;
      and
        (7) a profile of any defaults since the last report.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1617; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(c)(3), Jan. 6, 2006, 119
    Stat. 3556.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 1280b of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3507(c)(3), Jan. 6, 2006, 119 Stat. 3556. For
    applicability of that amendment to this section, see section 18(a)
    of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section
    1280b of the former Appendix to this title was amended by striking
    "Secretary of Transportation" and inserting "Administrator of the
    Maritime Administration".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53718          46 App.:1280b.          Pub. L. 108-136, title XXXV, 
                                            Sec. 3527, Nov. 24, 2003,   
                                            117 Stat. 1802.             
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC SUBCHAPTER II - DEFAULT PROVISIONS                   01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER II - DEFAULT PROVISIONS

-HEAD-
                    SUBCHAPTER II - DEFAULT PROVISIONS                

-End-



-CITE-
    46 USC Sec. 53721                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER II - DEFAULT PROVISIONS

-HEAD-
    Sec. 53721. Rights of obligee

-STATUTE-
      (a) Demands by Obligees. - Except as provided in subsection (c),
    if an obligor has continued in default for 30 days in the payment
    of principal or interest on an obligation guaranteed under this
    chapter, the obligee or the obligee's agent may demand that the
    Secretary pay the unpaid principal amount of the obligation and the
    unpaid interest on the obligation to the date of payment. The
    demand must be made within the earlier of - 
        (1) a period that may be specified in the guarantee or a
      related agreement; or
        (2) 90 days from the date of the default.

      (b) Payments by Secretary. - 
        (1) In general. - If a demand is made under subsection (a), the
      Secretary shall pay to the obligee or the obligee's agent the
      unpaid principal amount of the obligation and the unpaid interest
      on the obligation to the date of payment. Payment shall be made
      within the earlier of - 
          (A) a period that may be specified in the guarantee or a
        related agreement; or
          (B) 30 days from the date of the demand.

        (2) If no existing default. - The Secretary is not required to
      make payment under this subsection if, within the appropriate
      period under paragraph (1), the Secretary finds that the obligor
      was not in default or that the default was remedied before the
      demand.

      (c) Assumption of Rights and Obligations Before Demand. - An
    obligee or the obligee's agent may not demand payment under this
    section if the Secretary, before the demand and on terms that may
    be provided in the obligation or a related agreement, has assumed
    the obligor's rights and duties under the obligation and any
    related agreement and made any payment in default. However, the
    guarantee of the obligation remains in effect after the Secretary's
    assumption.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1617; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(C), (F), Jan. 6, 2006,
    119 Stat. 3555.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      This section was derived from sections 1273(e) (last sentence)
    and 1275(a) of the former Appendix to this title, which were
    amended by Pub. L. 109-163, div. C, title XXXV, Sec. 3507(a)(1)(C),
    (F), Jan. 6, 2006, 119 Stat. 3555. For applicability of those
    amendments to this section, see section 18(a) of Pub. L. 109-304,
    set out as a Legislative Purpose and Construction note preceding
    section 101 of this title. Those provisions of the former Appendix
    to this title were amended by striking "Secretary" each place it
    appears and inserting "Secretary or Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53721(a)       46 App.:1275(a)         June 29, 1936, ch. 858,      
                    (1st sentence less      title XI, Sec. 1105(a), as  
                    parenthetical).         added June 23, 1938, ch.    
                                            600, Sec. 46, 52 Stat. 971; 
                                            Aug. 15, 1953, ch. 513, Sec.
                                            3, 67 Stat. 626; Sept. 3,   
                                            1954, ch. 1265, Sec. 5, 68  
                                            Stat. 1272; Aug. 7, 1956,   
                                            ch. 1026, Sec. 1(e)-(g), 70 
                                            Stat. 1087; Pub. L. 85-520, 
                                            July 15, 1958, 72 Stat. 358;
                                            Pub. L. 91-469, Sec. 33,    
                                            Oct. 21, 1970, 84 Stat.     
                                            1035; restated Pub. L.      
                                            92-507, Sec. 3, Oct. 19,    
                                            1972, 86 Stat. 914; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166; Pub. L. 
                                            98-595, Sec. 1(8), Oct. 30, 
                                            1984, 98 Stat. 3131.        
    53721(b)(1)    46 App.:1275(a)                                      
                    (last sentence less                                 
                    proviso).                                           
    53721(b)(2)    46 App.:1275(a)                                      
                    (last sentence                                      
                    proviso).                                           
    53721(c)       46 App.:1273(e)         June 29, 1936, ch. 858,      
                    (last sentence).        title XI, Sec. 1103(e) (last
                                            sentence), as added Pub. L. 
                                            98-595, Sec. 1(1), Oct. 30, 
                                            1984, 98 Stat. 3130.        
                   46 App.:1275(a)                                      
                    (1st sentence                                       
                    parenthetical).                                     
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53722                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER II - DEFAULT PROVISIONS

-HEAD-
    Sec. 53722. Actions by Secretary

-STATUTE-
      (a) General Authority. - On default under an obligation or
    related agreement between the Secretary and the obligor, the
    Secretary, on terms that may be provided in the obligation or
    agreement, may - 
        (1) assume the obligor's rights and duties under the obligation
      or agreement, make any payment in default, and notify the obligee
      or the obligee's agent of the default and the Secretary's
      assumption; or
        (2) notify the obligee or the obligee's agent of the default.

      (b) Demands by Obligees. - 
        (1) Demand. - If the Secretary proceeds under subsection
      (a)(2), the obligee or the obligee's agent may demand that the
      Secretary pay the unpaid principal amount of the obligation and
      the unpaid interest on the obligation. The demand must be made
      within the earlier of - 
          (A) a period that may be specified in the guarantee or a
        related agreement; or
          (B) 60 days from the date of the Secretary's notice.

        (2) Payment. - If a demand is made under paragraph (1), the
      Secretary shall pay to the obligee or the obligee's agent the
      unpaid principal amount of the obligation and the unpaid interest
      on the obligation to the date of payment. Payment shall be made
      within the earlier of - 
          (A) a period that may be specified in the guarantee or a
        related agreement; or
          (B) 30 days from the date of the demand.

      (c) Continued Effect of Guarantee. - A guarantee of an obligation
    remains in effect after an assumption of the obligation by the
    Secretary.
      (d) Additional Responses. - If there is a default on an
    obligation, the Secretary shall conduct operations under this
    chapter in a manner that - 
        (1) maximizes the net present value return from the sale or
      disposition of assets associated with the obligation, including
      prompt referral to the Attorney General for collection as
      appropriate;
        (2) minimizes the amount of any loss realized in the resolution
      of the guarantee;
        (3) ensures adequate competition and fair and consistent
      treatment of offerors; and
        (4) requires appraisal of assets by an independent appraiser.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1618; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(C), (F), Jan. 6, 2006,
    119 Stat. 3555.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      Subsecs. (a) to (c) of this section were derived from sections
    1273(e) (last sentence) and 1275(b) of the former Appendix to this
    title, which were amended by Pub. L. 109-163, div. C, title XXXV,
    Sec. 3507(a)(1)(C), (F), Jan. 6, 2006, 119 Stat. 3555. For
    applicability of those amendments to this section, see section
    18(a) of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Those
    provisions of the former Appendix to this title were amended by
    striking "Secretary" each place it appears and inserting "Secretary
    or Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53722(a),      46 App.:1275(b).        June 29, 1936, ch. 858,      
     (b)                                    title XI, Sec. 1105(b), as  
                                            added June 23, 1938, ch.    
                                            600, Sec. 46, 52 Stat. 971; 
                                            Aug. 15, 1953, ch. 513, Sec.
                                            3, 67 Stat. 626; Sept. 3,   
                                            1954, ch. 1265, Sec. 5, 68  
                                            Stat. 1272; Aug. 7, 1956,   
                                            ch. 1026, Sec. 1(e)-(g), 70 
                                            Stat. 1087; Pub. L. 85-520, 
                                            July 15, 1958, 72 Stat. 358;
                                            Pub. L. 91-469, Sec. 33,    
                                            Oct. 21, 1970, 84 Stat.     
                                            1035; restated Pub. L.      
                                            92-507, Sec. 3, Oct. 19,    
                                            1972, 86 Stat. 914; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166; Pub. L. 
                                            98-595, Sec. 1(9), Oct. 30, 
                                            1984, 98 Stat. 3131.        
    53722(c)       46 App.:1273(e)         June 29, 1936, ch. 858,      
                    (last sentence).        title XI, Sec. 1103(e) (last
                                            sentence), as added Pub. L. 
                                            98-595, Sec. 1(1), Oct. 30, 
                                            1984, 98 Stat. 3130.        
    53722(d)       46 App.:1275(f).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1105(f), as  
                                            added Pub. L. 108-136, title
                                            XXXV, Sec. 3524, Nov. 24,   
                                            2003, 117 Stat. 1801.       
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the words "an obligation
    or related agreement" are substituted for "a mortgage, loan
    agreement, or other security agreement" for consistency in the
    revised chapter.

-End-



-CITE-
    46 USC Sec. 53723                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER II - DEFAULT PROVISIONS

-HEAD-
    Sec. 53723. Payments by Secretary and issuance of obligations

-STATUTE-
      (a) Cash Payment. - Amounts required to be paid by the Secretary
    under section 53721 or 53722 of this title shall be paid in cash.
      (b) Issuance of Obligations. - If amounts in the appropriate
    account under section 53717 of this title are not sufficient to
    make a payment required under section 53721 or 53722 of this title,
    the Secretary may issue obligations to the Secretary of the
    Treasury. The Secretary, with the approval of the Secretary of the
    Treasury, shall prescribe the form, denomination, maturity, and
    other terms (except the interest rate) of the obligations. The
    Secretary of the Treasury shall set the interest rate for the
    obligations, considering the current average market yield on
    outstanding marketable obligations of the United States Government
    of comparable maturities during the month before the obligations
    are issued.
      (c) Purchase of Obligations. - The Secretary of the Treasury
    shall purchase the obligations issued under this section. To
    purchase the obligations, the Secretary of the Treasury may use as
    a public debt transaction the proceeds from the sale of securities
    issued under chapter 31 of title 31. The purposes for which
    securities may be issued under that chapter are extended to include
    the purchase of obligations under this subsection. The Secretary of
    the Treasury may sell obligations purchased under this section. A
    redemption, purchase, or sale of the obligations by the Secretary
    of the Treasury is a public debt transaction of the Government.
      (d) Deposits and Redemptions. - The Secretary shall deposit
    amounts borrowed under this section in the appropriate account
    under section 53717 of this title and make redemptions of the
    obligations from that account.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1618; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(G), Jan. 6, 2006, 119
    Stat. 3555.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 1275(d) of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3507(a)(1)(G), Jan. 6, 2006, 119 Stat. 3555.
    For applicability of that amendment to this section, see section
    18(a) of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section
    1275(d) of the former Appendix to this title was amended by
    striking "Secretary" the first, second, third, fifth, and last
    places it appears and inserting "Secretary or Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53723          46 App.:1275(d).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1105(d), as  
                                            added June 23, 1938, ch.    
                                            600, Sec. 46, 52 Stat. 972; 
                                            Aug. 15, 1953, ch. 513, Sec.
                                            3, 67 Stat. 626; Sept. 3,   
                                            1954, ch. 1265, Sec. 5, 68  
                                            Stat. 1272; Aug. 7, 1956,   
                                            ch. 1026, Sec. 1(e)-(g), 70 
                                            Stat. 1087; Pub. L. 85-520, 
                                            July 15, 1958, 72 Stat. 358;
                                            Pub. L. 91-469, Sec. 33,    
                                            Oct. 21, 1970, 84 Stat.     
                                            1035; restated Pub. L.      
                                            92-507, Sec. 3, Oct. 19,    
                                            1972, 86 Stat. 914; Pub. L. 
                                            96-561, title II, Sec.      
                                            220(4), Dec. 22, 1980, 94   
                                            Stat. 3294; Pub. L. 97-31,  
                                            Sec. 12(136), Aug. 6, 1981, 
                                            95 Stat. 166; Pub. L. 97-35,
                                            title XVI, Sec. 1606(e),    
                                            Aug. 13, 1981, 95 Stat. 752.
    --------------------------------------------------------------------

      In subsections (b) and (d), the words "appropriate account under
    section 53717 of this title" are substituted for "Federal Ship
    Financing Fund" because the accounts under section 53717 replace
    the Federal Ship Financing Fund. See the explanation for section
    53717.

-End-



-CITE-
    46 USC Sec. 53724                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER II - DEFAULT PROVISIONS

-HEAD-
    Sec. 53724. Rights to secured property

-STATUTE-
      (a) Acquisition of Security Rights. - When the Secretary makes a
    payment on, or assumes, an obligation under section 53721 or 53722
    of this title, the Secretary acquires the rights under the security
    agreement with the obligor in the security held by the Secretary to
    guarantee the obligation.
      (b) Use and Disposition of Secured Property. - Notwithstanding
    any other law relating to the acquisition, handling, or disposal of
    property by the United States Government, the Secretary has the
    right, in the Secretary's discretion, to complete, reconstruct,
    recondition, renovate, repair, maintain, operate, charter, or sell
    any property acquired under a security agreement with an obligor,
    or to place a vessel so acquired in the National Defense Reserve
    Fleet. The terms of a sale under this subsection shall be as
    approved by the Secretary.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1619; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(F), Jan. 6, 2006, 119
    Stat. 3555.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 1275(c) of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3507(a)(1)(F), Jan. 6, 2006, 119 Stat. 3555.
    For applicability of that amendment to this section, see section
    18(a) of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section
    1275(c) of the former Appendix to this title was amended by
    striking "Secretary" each place it appears and inserting "Secretary
    or Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53724          46 App.:1275(c).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1105(c), as  
                                            added June 23, 1938, ch.    
                                            600, Sec. 46, 52 Stat. 971; 
                                            Aug. 15, 1953, ch. 513, Sec.
                                            3, 67 Stat. 626; Sept. 3,   
                                            1954, ch. 1265, Sec. 5, 68  
                                            Stat. 1272; Aug. 7, 1956,   
                                            ch. 1026, Sec. 1(e)-(g), 70 
                                            Stat. 1087; Pub. L. 85-520, 
                                            July 15, 1958, 72 Stat. 358;
                                            Pub. L. 91-469, Sec. 33,    
                                            Oct. 21, 1970, 84 Stat.     
                                            1035; restated Pub. L.      
                                            92-507, Sec. 3, Oct. 19,    
                                            1972, 86 Stat. 914; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166; Pub. L. 
                                            98-595, Sec. 1(10), Oct. 30,
                                            1984, 98 Stat. 3131.        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53725                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER II - DEFAULT PROVISIONS

-HEAD-
    Sec. 53725. Actions against obligor

-STATUTE-
      (a) In General. - For a default under a guaranteed obligation or
    related agreement, the Secretary may take any action against the
    obligor or another liable party that the Secretary considers
    necessary to protect the interests of the United States Government.
    A civil action may be brought in the name of the United States or
    the obligee. The obligee shall make available to the Government all
    records and evidence necessary to prosecute the action.
      (b) Title, Possession, and Purchase. - 
        (1) In general. - The Secretary may - 
          (A) accept a conveyance of title to and possession of
        property from the obligor or another party liable to the
        Secretary; and
          (B) purchase the property for an amount not greater than the
        unpaid principal amount of the obligation and interest thereon.

        (2) Payment of excess. - If, through the sale of property, the
      Secretary receives an amount of cash greater than the unpaid
      principal amount of the obligation, the unpaid interest on the
      obligation, and the expenses of collecting those amounts, the
      Secretary shall pay the excess to the obligor.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1619; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(F), Jan. 6, 2006, 119
    Stat. 3555.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 1275(e) of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3507(a)(1)(F), Jan. 6, 2006, 119 Stat. 3555.
    For applicability of that amendment to this section, see section
    18(a) of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section
    1275(e) of the former Appendix to this title was amended by
    striking "Secretary" each place it appears and inserting "Secretary
    or Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53725          46 App.:1275(e).        June 29, 1936, ch. 858,      
                                            title XI, Sec. 1105(e), as  
                                            added June 23, 1938, ch.    
                                            600, Sec. 46, 52 Stat. 971; 
                                            Aug. 15, 1953, ch. 513, Sec.
                                            3, 67 Stat. 626; Sept. 3,   
                                            1954, ch. 1265, Sec. 5, 68  
                                            Stat. 1272; Aug. 7, 1956,   
                                            ch. 1026, Sec. 1(e)-(g), 70 
                                            Stat. 1087; Pub. L. 85-520, 
                                            July 15, 1958, 72 Stat. 358;
                                            Pub. L. 91-469, Sec. 33,    
                                            Oct. 21, 1970, 84 Stat.     
                                            1035; restated Pub. L.      
                                            92-507, Sec. 3, Oct. 19,    
                                            1972, 86 Stat. 915; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166; Pub. L. 
                                            98-595, Sec. 1(11), Oct. 30,
                                            1984, 98 Stat. 3131.        
    --------------------------------------------------------------------

      In subsection (a), the words "may take any action" are
    substituted for "shall take such action . . . that, in his
    discretion, may be required" for clarity and to eliminate
    unnecessary words.

-End-


-CITE-
    46 USC SUBCHAPTER III - PARTICULAR PROJECTS                 01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER III - PARTICULAR PROJECTS

-HEAD-
                   SUBCHAPTER III - PARTICULAR PROJECTS               

-End-



-CITE-
    46 USC Sec. 53731                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER III - PARTICULAR PROJECTS

-HEAD-
    Sec. 53731. Commercial demonstration ocean thermal energy
      conversion facilities and plantships

-STATUTE-
      (a) In General. - Under subchapter I of this chapter, the
    Secretary may guarantee or make a commitment to guarantee the
    payment of the principal of and interest on an obligation that aids
    in financing (including reimbursement of an obligor for
    expenditures previously made for) the construction, reconstruction,
    or reconditioning of a commercial demonstration ocean thermal
    energy conversion facility or plantship. This section may be used
    to guarantee obligations for a total of not more than 5 separate
    facilities and plantships or a demonstrated 400 megawatt capacity,
    whichever comes first.
      (b) Applicability of Other Provisions. - Except as otherwise
    provided in this section, a guarantee or commitment to guarantee
    under this section is subject to all the provisions applicable to a
    guarantee or commitment to guarantee under subchapter I of this
    chapter.
      (c) Economic Soundness. - The required determination of economic
    soundness under section 53708 of this title applies to a guarantee
    or commitment to guarantee for that portion of a facility or
    plantship not to be supported with appropriated Federal funds.
      (d) Reasonableness of Risk. - A guarantee or commitment to
    guarantee may not be made under this section unless the Secretary
    of Energy, in consultation with the Secretary, certifies to the
    Secretary that, for the facility or plantship for which the
    guarantee or commitment to guarantee is sought, there is sufficient
    guarantee of performance and payment to lower the risk to the
    United States Government to a reasonable level. In deciding whether
    to issue such a certification, the Secretary of Energy shall
    consider - 
        (1) the successful demonstration of the technology to be used
      in the facility at a scale sufficient to establish the likelihood
      of technical and economic viability in the proposed market; and
        (2) the need of the United States to develop new and renewable
      sources of energy and the benefits to be realized from the
      construction and successful operation of the facility or
      plantship.

      (e) Amount of Obligation. - The total principal amount of an
    obligation guaranteed under this section may not exceed 87.5
    percent of - 
        (1) the actual cost or depreciated actual cost of the facility
      or plantship; or
        (2) if the facility or plantship is supported with appropriated
      Federal funds, the total principal amount of that portion of the
      actual cost or depreciated actual cost for which the obligor is
      obligated to secure financing under the agreement between the
      obligor and the Department of Energy or other Federal agency.

      (f) OTEC Demonstration Fund. - 
        (1) In general. - There is a special subaccount, known as the
      OTEC Demonstration Fund, in the account established under section
      53717(b)(1) of this title.
        (2) Use and operation. - The OTEC Demonstration Fund shall be
      used for obligation guarantees authorized under this section that
      do not qualify under subchapter I of this chapter. Except as
      otherwise provided in this section, the OTEC Demonstration Fund
      shall be operated in the same manner as the parent account.
      However - 
          (A) amounts received by the Secretary under subchapter I of
        this chapter related to guarantees or commitments to guarantee
        made under this section shall be deposited only in the OTEC
        Demonstration Fund; and
          (B) when obligations issued by the Secretary under section
        53723 of this title related to the OTEC Demonstration Fund are
        outstanding, any amount received by the Secretary under
        subchapter I of this chapter related to ocean thermal energy
        conversion facilities or plantships shall be deposited in the
        OTEC Demonstration Fund.

        (3) Transfers. - Assets in the OTEC Demonstration Fund may be
      transferred to the parent account when and to the extent the
      balance in the OTEC Demonstration Fund exceeds the total
      guarantees or commitments to guarantee made under this section
      then outstanding, plus obligations issued by the Secretary under
      section 53723 of this title related to the OTEC Demonstration
      Fund.
        (4) Liability. - The parent account is not liable for a
      guarantee or commitment to guarantee made under this section.
        (5) Maximum unpaid principal amount. - The total unpaid
      principal amount of the obligations guaranteed with the backing
      of the OTEC Demonstration Fund and outstanding at any one time
      may not exceed $1,650,000,000.

      (g) Issuance and Payment of Obligations. - Section 53723 of this
    title applies to the OTEC Demonstration Fund. However, obligations
    issued by the Secretary under that section related to the OTEC
    Demonstration Fund shall be payable only from proceeds realized by
    the OTEC Demonstration Fund.
      (h) Taxation of Interest. - Interest on an obligation guaranteed
    under this section shall be included in gross income under chapter
    1 of the Internal Revenue Code of 1986 (26 U.S.C. ch. 1).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1620; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(2)(H), Jan. 6, 2006, 119
    Stat. 3555.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 1279c of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3507(a)(2)(H), Jan. 6, 2006, 119 Stat. 3555.
    For applicability of that amendment to this section, see section
    18(a) of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section
    1279c of the former Appendix to this title was amended by striking
    "Secretary" each place it appears except the first and fourth
    places in subsection (b) and inserting "Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53731(a)       46 App.:1279c(a)        June 29, 1936, ch. 858,      
                    (1st sentence),         title XI, Sec. 1110, as     
                    (1), (4).               added Pub. L. 96-320, title 
                                            II, Sec. 203(a), Aug. 3,    
                                            1980, 94 Stat. 992; Pub. L. 
                                            97-31, Sec. 12(136), Aug. 6,
                                            1981, 95 Stat. 166; Pub. L. 
                                            97-35, title XVI, Sec.      
                                            1606(f), Aug. 13, 1981, 95  
                                            Stat. 752; Pub. L. 99-514,  
                                            Sec. 2, Oct. 22, 1986, 100  
                                            Stat. 2095; Pub. L. 104-239,
                                            Sec. 11(3), Oct. 8, 1996,   
                                            110 Stat. 3134.             
    53731(b)       46 App.:1279c(a)                                     
                    (2d sentence words                                  
                    before (1)).                                        
    53731(c)       46 App.:1279c(a)(2).                                 
    53731(d)       46 App.:1279c(b).                                    
    53731(e)       46 App.:1279c(a)(3).                                 
    53731(f)       46 App.:1279c(c).                                    
    53731(g)       46 App.:1279c(d).                                    
    53731(h)       46 App.:1279c(e).                                    
    --------------------------------------------------------------------

      In subsection (a), the words "upon such terms as he shall
    prescribe" are omitted as unnecessary because section 53702(a) of
    the revised title provides the Secretary authority to prescribe the
    terms. The text of 46 App. U.S.C. 1279c(a)(1) is omitted as
    obsolete.
      In subsection (f)(1), the words "account established under
    section 53717(b)(1) of this title" are substituted for "Federal
    Ship Financing Fund" because the accounts under section 53717
    replace the Federal Ship Financing Fund. See the explanation for
    section 53717.
      In subsection (f)(2)(B), the word "conversion" is substituted for
    "conversional" to correct an apparent error.

-End-



-CITE-
    46 USC Sec. 53732                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER III - PARTICULAR PROJECTS

-HEAD-
    Sec. 53732. Eligible export vessels

-STATUTE-
      (a) Applicable Terms. - The Secretary may guarantee an obligation
    for an eligible export vessel in accordance with - 
        (1) the terms applicable under this chapter for vessels
      documented under the laws of the United States; or
        (2) other terms the Secretary determines are more favorable
      than those terms and compatible with export credit terms offered
      by foreign governments for the sale of vessels built in foreign
      shipyards.

      (b) Interagency Council. - 
        (1) Establishment. - There is an interagency council to carry
      out this section.
        (2) Composition. - The council is composed of the following
      individuals or their designees:
          (A) The Secretary of Transportation, who is the chairman of
        the council.
          (B) The Secretary of the Treasury.
          (C) The Secretary of State.
          (D) The Assistant to the President for Economic Policy.
          (E) The United States Trade Representative.
          (F) The President and Chairman of the Export-Import Bank of
        the United States.

        (3) Functions. - The council shall - 
          (A) obtain information on shipbuilding loan guarantees,
        direct and indirect subsidies, and other favorable treatment of
        shipyards provided by foreign governments to shipyards in
        competition with United States shipyards;
          (B) consult regularly with United States shipbuilders to
        obtain the essential information about international
        shipbuilding competition on which to set terms for loan
        guarantees under subsection (a)(2); and
          (C) provide guidance to the Secretary in establishing terms
        for loan guarantees under subsection (a)(2).

        (4) Annual report. - Not later than January 31 of each year,
      the Secretary shall submit to Congress a report on activities of
      the Secretary under this section during the preceding year. The
      report shall include - 
          (A) documentation of sources of information about assistance
        by governments of other countries to shipyards in those
        countries; and
          (B) a summary of recommendations made to the Secretary during
        the preceding year about applications submitted to the
        Secretary during that year for loan guarantees to construct
        eligible export vessels.

      (c) Required Findings. - 
        (1) Benefit to shipbuilding industry. - The Secretary may not
      guarantee or make a commitment to guarantee an obligation for an
      eligible export vessel unless the Secretary finds that the
      construction, reconstruction, or reconditioning of the vessel
      will aid in the transition of United States shipyards to
      commercial activities or will preserve shipbuilding assets that
      would be essential in time of war or national emergency.
        (2) Priority of documented vessels. - The Secretary may not
      make a commitment to guarantee an obligation for an eligible
      export vessel unless the Secretary determines that making the
      commitment will not result in denial of an economically sound
      application for a commitment to guarantee an obligation for a
      vessel documented under the laws of the United States and
      operating in the domestic or foreign commerce of the United
      States. The Secretary has sole discretion in making the
      determination. In making the determination, the Secretary shall
      consider - 
          (A) the status and economic soundness of pending applications
        for commitments to guarantee obligations for vessels documented
        under the laws of the United States that are operating or will
        be operating in the domestic or foreign commerce of the United
        States; and
          (B) the amount of guarantee authority available.

      (d) Restriction on Transfer of Vessel. - The Secretary may not
    guarantee or make a commitment to guarantee an obligation for an
    eligible export vessel unless the owner of the vessel agrees with
    the Secretary that the vessel will not be transferred to a country
    designated by the Secretary of Defense as a country whose interests
    are hostile to the interests of the United States.
      (e) Review by Secretary of Defense. - 
        (1) Notification. - The Secretary shall promptly notify the
      Secretary of Defense of the receipt of an application for a loan
      guarantee for an eligible export vessel.
        (2) Disapproval. - The Secretary of Defense, within 30 days
      after receiving the notice, may disapprove the guarantee based on
      an assessment of the potential use of the vessel in a manner that
      may harm the national security interests of the United States.
      The Secretary may not disapprove a guarantee solely because of
      the type of vessel to be constructed.
        (3) Delegation. - The authority of the Secretary of Defense to
      disapprove a guarantee under this subsection may be delegated
      only to a civilian officer of the Department of Defense appointed
      by the President by and with the advice and consent of the
      Senate.
        (4) Prohibition. - The Secretary may not make a loan guarantee
      disapproved by the Secretary of Defense under this subsection.

      (f) Expiration of Authority. - The Secretary may not issue a
    commitment to guarantee an obligation for an eligible export vessel
    under this chapter after the last date on which such a commitment
    may be issued under any treaty or convention entered into after
    November 30, 1993, that prohibits guarantee of such an obligation.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1621; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(C), (D), (2)(E), (F),
    (I), (J), (b)(3)(A), (5), (8), Jan. 6, 2006, 119 Stat. 3555, 3556.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      Subsection (a) of this section was derived from section 1279d(a)
    of the former Appendix to this title, which was amended by Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(2)(I), Jan. 6, 2006, 119
    Stat. 3555. Section 1279d(a) of the former Appendix to this title
    was amended by striking "Secretary" each place it appears and
    inserting "Administrator".
      Subsection (b) of this section was derived from section 1279d(b)
    of the former Appendix to this title, which was amended by Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(2)(I), (J), (b)(8), Jan.
    6, 2006, 119 Stat. 3555, 3556. Section 1279d(b) of the former
    Appendix to this title was amended by striking "Secretary" each
    place it appears in par. (2) [now pars. (3)(A) and (C)] and par.
    (4) (except the first) and inserting "Administrator" and by
    striking "Secretary of Transportation" each place it appears and
    inserting "Administrator".
      Subsection (c)(1) of this section was derived from section
    1274(d)(3)(A) of the former Appendix to this title, which was
    amended by Pub. L. 109-163, div. C, title XXXV, Sec. 3507(a)(1)(D),
    (2)(E), Jan. 6, 2006, 119 Stat. 3555. Section 1274(d)(3)(A) of the
    former Appendix to this title was amended by striking "Secretary"
    each place it appears and inserting "Secretary or Administrator"
    and by striking "Secretary" each place it appears and inserting
    "Administrator".
      Subsections (c)(2) and (f) of this section were derived from
    section 1273(g) of the former Appendix to this title, which was
    amended by Pub. L. 109-163, div. C, title XXXV, Sec. 3507(a)(1)(C),
    Jan. 6, 2006, 119 Stat. 3555, 3556. Section 1273(g) of the former
    Appendix to this title was amended by striking "Secretary" each
    place it appears and inserting "Secretary or Administrator".
      Subsection (d) of this section was derived from section
    1274(d)(3)(B) of the former Appendix to this title, which was
    amended by Pub. L. 109-163, div. C, title XXXV, Sec. 3507(b)(3)(A),
    Jan. 6, 2006, 119 Stat. 3556. Section 1274(d)(3)(B) of the former
    Appendix to this title was amended by striking "Secretary of
    Transportation" and inserting "Administrator".
      Subsection (e) of this section was derived from section 1274(j)
    of the former Appendix to this title, which was amended by Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(2)(F), (b)(5), Jan. 6,
    2006, 119 Stat. 3555, 3556. Section 1274(j) of the former Appendix
    to this title was amended by striking "Secretary" in par. (1) [now
    pars. (1) to (3)] the first, fifth, and seventh places it appears
    and inserting "Administrator" and by striking "The Secretary of
    Transportation" in par. (2) [now par. (4)] and inserting "The
    Administrator".
      For applicability of those amendments to this section, see
    section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose
    and Construction note preceding section 101 of this title.



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53732(a)       46 App.:1279d(a).       June 29, 1936, ch. 858,      
                                            title XI, Sec. 1111, as     
                                            added Pub. L. 103-160, div. 
                                            A, title XIII, Sec. 1355(a),
                                            Nov. 30, 1993, 107 Stat.    
                                            1811.                       
    53732(b)       46 App.:1279d(b).                                    
    53732(c)(1)    46                      June 29, 1936, ch. 858,      
                    App.:1274(d)(3)(A).     title XI, Sec. 1104A(d)(3), 
                                            (j), as added Pub. L.       
                                            103-160, div. A, title XIII,
                                            Sec. 1356(3)(D), (E), Nov.  
                                            30, 1993, 107 Stat. 1813,   
                                            1814.                       
    53732(c)(2)    46 App.:1273(g)(1).     June 29, 1936, ch. 858,      
                                            title XI, Sec. 1103(g), as  
                                            added Pub. L. 103-160, div. 
                                            A, title XIII, Sec.         
                                            1356(2)(B), Nov. 30, 1993,  
                                            107 Stat. 1812.             
    53732(d)       46                                                   
                    App.:1274(d)(3)(B).                                 
    53732(e)       46 App.:1274(j).                                     
    53732(f)       46 App.:1273(g)(2).                                  
    --------------------------------------------------------------------

      In subsection (f), the source provides that the authority to
    issue commitments to guarantee obligations for eligible export
    vessels expires after the later of three events. The first event,
    which is "(A) the 5th anniversary of the date on which the
    Secretary publishes final regulations setting forth the application
    procedures for the issuance of commitments to guarantee obligations
    for eligible export vessels", is omitted because the final
    regulations were published on September 16, 1994. See 59 Fed. Reg.
    47548. The second event, which is "(B) the last day of any 5-year
    period in which funding and guarantee authority for obligations for
    eligible export vessels have been continuously available", is
    omitted because that date was November 11, 1998, five years after
    enactment of the Department of Defense Appropriations Act, 1994
    (Pub. L. 103-139, Nov. 11, 1993, 107 Stat. 1418).

-End-



-CITE-
    46 USC Sec. 53733                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER III - PARTICULAR PROJECTS

-HEAD-
    Sec. 53733. Shipyard modernization and improvement

-STATUTE-
      (a) Definitions. - In this section:
        (1) Advanced shipbuilding technology. - The term "advanced
      shipbuilding technology" includes - 
          (A) numerically controlled machine tools, robots, automated
        process control equipment, computerized flexible manufacturing
        systems, associated computer software, and other technology for
        improving shipbuilding and related industrial production that
        advance the state-of-the-art; and
          (B) novel techniques and processes designed to improve
        shipbuilding quality, productivity, and practice, and to
        promote sustainable development, including engineering design,
        quality assurance, concurrent engineering, continuous process
        production technology, energy efficiency, waste minimization,
        design for recyclability or parts reuse, inventory management,
        upgraded worker skills, and communications with customers and
        suppliers.

        (2) General shipyard facility. - The term "general shipyard
      facility" means - 
          (A) for operations on land - 
            (i) a structure or appurtenance thereto designed for the
          construction, reconstruction, repair, rehabilitation, or
          refurbishment of a vessel, including a graving dock, building
          way, ship lift, wharf, or pier crane;
            (ii) the land necessary for the structure or appurtenance;
          and
            (iii) equipment that is for use with the structure or
          appurtenance and that is necessary for performing a function
          referred to in clause (i); and

          (B) for operations not on land, a vessel, floating drydock,
        or barge built in the United States and used for, equipped to
        be used for, or of a type normally used for, performing a
        function referred to in subparagraph (A)(i).

        (3) Modern shipbuilding technology. - The term "modern
      shipbuilding technology" means the best available proven
      technology, techniques, and processes appropriate to enhancing
      the productivity of shipyards.

      (b) General Authority. - Under subchapter I of this chapter, the
    Secretary may guarantee or make a commitment to guarantee the
    payment of the principal of and interest on an obligation for
    advanced shipbuilding technology and modern shipbuilding technology
    of a general shipyard facility in the United States. Only a private
    shipyard is eligible to receive a guarantee.
      (c) Applicability of Other Provisions. - Except as otherwise
    provided in this section, a guarantee or commitment to guarantee
    under this section is subject to all the provisions applicable to a
    guarantee or commitment to guarantee under subchapter I of this
    chapter.
      (d) Amount of Obligation. - The principal amount of an obligation
    guaranteed under this chapter may not exceed 87.5 percent of the
    actual cost of the advanced shipbuilding technology or modern
    shipbuilding technology.
      (e) Transfer of Amounts. - The Secretary may accept the transfer
    of amounts from a department, agency, or instrumentality of the
    United States Government and may use those amounts to cover the
    cost (as defined in section 502 of the Federal Credit Reform Act of
    1990 (2 U.S.C. 661a)) of making guarantees or commitments to
    guarantee under this section.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1623; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(2)(K), Jan. 6, 2006, 119
    Stat. 3555.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived in part from section 1279e of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3507(a)(2)(K), Jan. 6, 2006, 119 Stat. 3555.
    For applicability of that amendment to this section, see section
    18(a) of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section
    1279e of the former Appendix to this title was amended by striking
    "Secretary" each place it appears and inserting "Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53733(a)       46 App.:1279e(d).       June 29, 1936, ch. 858,      
                                            title XI, Sec. 1112, as     
                                            added Pub. L. 103-160, div. 
                                            A, title XIII, Sec. 1357(a),
                                            Nov. 30, 1993, 107 Stat.    
                                            1814.                       
    53733(b)       46 App.:1279e(a).                                    
                   46 App.:1280a.          Pub. L. 103-160, title XIII, 
                                            Sec. 1358, Nov. 30, 1993,   
                                            107 Stat. 1816.             
    53733(c)       46 App.:1279e(b)                                     
                    (words before                                       
                    "except").                                          
    53733(d)       46 App.:1279e(b)                                     
                    (words beginning                                    
                    with "except").                                     
    53733(e)       46 App.:1279e(c).                                    
    --------------------------------------------------------------------

      In subsection (a)(2)(A)(i), the words "(as defined in title 1)"
    are omitted as unnecessary because chapter 1 of the revised title
    contains a title-wide definition of "vessel" that incorporates the
    definition in title 1, United States Code.
      In subsection (b), the words "and subject to the terms the
    Secretary shall be prescribe" are omitted as unnecessary because
    section 53702(a) of the revised title provides the Secretary
    authority to prescribe the terms. The words "Only a private
    shipyard is eligible to receive a guarantee" are substituted for 46
    App. U.S.C. 1280a to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 53734                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER III - PARTICULAR PROJECTS

-HEAD-
    Sec. 53734. Replacement of vessels because of changes in operating
      standards

-STATUTE-
      (a) General Authority. - Notwithstanding any other provision of
    this chapter, the Secretary, on terms the Secretary may prescribe,
    may guarantee or make a commitment to guarantee the payment of the
    principal of and interest on an obligation that aids in financing
    or refinancing (including reimbursement of an obligor for
    expenditures previously made for) a contract for the construction
    or reconstruction of a vessel if - 
        (1) the vessel is designed and to be used for commercial use in
      coastwise, intercoastal, or foreign trade;
        (2) the construction or reconstruction is necessary to replace
      a vessel that cannot continue to be operated because of a change
      required by law in the standards for the operation of vessels,
      and the applicant for the guarantee or commitment would not
      otherwise legally be able to continue operating vessels in the
      trades in which the applicant operated vessels before the change;
        (3) the applicant is presently engaged in transporting cargoes
      in vessels of the type and class that will be constructed or
      reconstructed under this section and agrees to employ vessels
      constructed or reconstructed under this section as replacements
      only for vessels made obsolete by the change in operating
      standards;
        (4) the capacity of the vessels to be constructed or
      reconstructed under this section will not increase the cargo
      carrying capacity of the vessels being replaced;
        (5) the Secretary has not determined that the market demand for
      the vessel over its useful life will diminish so as to make
      granting the guarantee fiduciarily imprudent;
        (6) the vessel, if to be reconstructed, will have a useful life
      of at least 15 years after the reconstruction; and
        (7) the Secretary has considered the criteria specified in
      section 53708(a)(3)-(5) of this title.

      (b) Term and Amount of Obligation. - 
        (1) Term. - The term of an obligation guaranteed under this
      section may not exceed 25 years.
        (2) Amount. - The amount of an obligation guaranteed under this
      section may not exceed 87.5 percent of the actual cost or
      depreciated actual cost to the applicant for the construction or
      reconstruction of the vessel. The Secretary may not establish a
      percentage under this paragraph that is to be applied uniformly
      to all guarantees or commitments to guarantee made under this
      section.

      (c) Applicability of Other Provisions. - A guarantee or
    commitment to guarantee under this section is also subject to
    sections 53701, 53702(a), 53704, 53705, 53707(a), 53708(d) and (e),
    53709(a), 53710(a)(1), (2), and (4) and (c), 53711(a), 53713,
    53714, 53717, and 53721-53725 of this title.
      (d) Security Against Default. - The Secretary shall require by
    regulation that an applicant under this section provide adequate
    security against default.
      (e) Guarantee Fees. - The Secretary may establish a fee for the
    guarantee of an obligation under this section that is in addition
    to the fee established under section 53714 of this title. The fee
    may be - 
        (1) an annual fee of not more than an additional 1 percent
      added to the fee established under section 53714 of this title;
      or
        (2) a fee based on the amount of the obligation versus the
      percentage of the obligor's fleet being replaced by vessels
      constructed or reconstructed under this section.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1624; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(E), Jan. 6, 2006, 119
    Stat. 3555.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 1274a of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3507(a)(1)(E), Jan. 6, 2006, 119 Stat. 3555.
    For applicability of that amendment to this section, see section
    18(a) of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section
    1274a of the former Appendix to this title was amended by striking
    "Secretary" each place it appears and inserting "Secretary or
    Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53734(a)       46 App.:1274a(a),       June 29, 1936, ch. 858,      
                    (b)(3).                 title XI, Sec. 1104B, as    
                                            added Pub. L. 101-380, title
                                            IV, Sec. 4115(f)(2), Aug.   
                                            18, 1990, 104 Stat. 521;    
                                            amended Pub. L. 102-587,    
                                            title VI, Sec. 6204, Nov. 4,
                                            1992, 106 Stat. 5094; Pub.  
                                            L. 103-160, div. A, title   
                                            XIII, Sec. 1356(4), Nov. 30,
                                            1993, 107 Stat. 1814; Pub.  
                                            L. 104-239, Sec. 11(2), Oct.
                                            8, 1996, 110 Stat. 3134.    
    53734(b)       46 App.:1274a(b)                                     
                    (less (3)).                                         
    53734(c)       46 App.:1274a(d).                                    
    53734(d)       46 App.:1274a(c)(1)                                  
                    (1st sentence).                                     
    53734(e)       46 App.:1274a(c)(1)                                  
                    (2d sentence), (2).                                 
    --------------------------------------------------------------------

      In subsection (a), in paragraph (1), the words "as defined in
    section 1244 of this Appendix" are omitted because the definition
    of "foreign commerce or trade" in chapter 1 of the revised title
    applies without having to say so specifically. Paragraph (6) is
    substituted for 46 App. U.S.C. 1274a(b)(3) to improve the
    organization of the source provisions.
      In subsection (b)(2), the words "by rule, regulation, or
    procedure" are omitted as unnecessary and for consistency with
    section 53709(d) of the revised title.
      In subsections (c) and (e), the language concerning the Vessel
    Replacement Guarantee Fund and the Federal Ship Financing Fund is
    omitted as obsolete. See the explanation for section 53717.

-End-



-CITE-
    46 USC Sec. 53735                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 537 - LOANS AND GUARANTEES
    SUBCHAPTER III - PARTICULAR PROJECTS

-HEAD-
    Sec. 53735. Fisheries financing and capacity reduction

-STATUTE-
      (a) Definition. - In this section, the term "program" means a
    fishing capacity reduction program established under section 312 of
    the Magnuson-Stevens Fishery Conservation and Management Act (16
    U.S.C. 1861a).
      (b) Guarantee Authority. - The Secretary may guarantee the
    repayment of debt obligations issued by entities under this
    section. Debt obligations to be guaranteed may be issued by any
    entity that has been approved by the Secretary and has agreed with
    the Secretary to conditions the Secretary considers necessary for
    this section to achieve the objective of the program and to protect
    the interest of the United States.
      (c) Requirements of Obligations. - A debt obligation guaranteed
    under this section shall - 
        (1) be treated in the same manner and to the same extent as
      other obligations guaranteed under this chapter, except with
      respect to provisions of this chapter that by their nature cannot
      be applied to obligations guaranteed under this section;
        (2) have the fishing fees established under the program paid
      into a separate subaccount of the fishing capacity reduction fund
      established under this section;
        (3) not exceed $100,000,000 in an unpaid principal amount
      outstanding at any one time for a program;
        (4) have such maturity (not to exceed 20 years), take such
      form, and contain such conditions as the Secretary determines
      necessary for the program to which they relate;
        (5) have as the exclusive source of repayment (subject to the
      second sentence of subsection (d)(2)) and as the exclusive
      payment security, the fishing fees established under the program;
      and
        (6) at the discretion of the Secretary be issued in the public
      market or sold to the Federal Financing Bank.

      (d) Fishing Capacity Reduction Fund. - 
        (1) In general. - There is a separate account in the Treasury,
      known as the Fishing Capacity Reduction Fund. Within the Fund, at
      least one subaccount shall be established for each program into
      which shall be paid all fishing fees established under the
      program and other amounts authorized for the program.
        (2) Availability of amounts. - Amounts in the Fund shall be
      available, without appropriation or fiscal year limitation, to
      the Secretary to pay the cost of the program, including payments
      to financial institutions to pay debt obligations incurred by
      entities under this section. Funds available for this purpose
      from other amounts available for the program may also be used to
      pay those debt obligations.
        (3) Investment. - Amounts in the Fund that are not currently
      needed for the purpose of this section shall be kept on deposit
      or invested in obligations of the United States Government.

      (e) Regulations. - The Secretary shall prescribe regulations the
    Secretary considers necessary to carry out this section.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1625; Pub. L.
    109-163, div. C, title XXXV, Sec. 3507(a)(1)(H), (d), Jan. 6, 2006,
    119 Stat. 3555, 3557.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      This section was derived from section 1279f of the former
    Appendix to this title, which was amended by Pub. L. 109-163, div.
    C, title XXXV, Sec. 3507(a)(1)(H), Jan. 6, 2006, 119 Stat. 3555.
    For applicability of that amendment to this section, see section
    18(a) of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section
    1279f of the former Appendix to this title was amended by striking
    "Secretary" each place it appears and inserting "Secretary or
    Administrator".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53735(a)       46 App.:1279f(e).       June 29, 1936, ch. 858,      
                                            title XI, Sec. 1111, as     
                                            added Pub. L. 104-297, title
                                            III, Sec. 303, Oct. 11,     
                                            1996, 110 Stat. 3616; Pub.  
                                            L. 104-208, title I, Sec.   
                                            101 [title II, Sec. 211(b)],
                                            Sept. 30, 1996, 110 Stat.   
                                            3009-41.                    
    53735(b)       46 App.:1279f(a).                                    
    53735(c)       46 App.:1279f(b).                                    
    53735(d)       46 App.:1279f(c).                                    
    53735(e)       46 App.:1279f(d).                                    
    --------------------------------------------------------------------


-COD-
                               CODIFICATION                           
      This section was derived from section 1111 of act June 29, 1936,
    ch. 858, as added by Pub. L. 104-297, Sec. 303, which was
    classified to section 1279f of the former Appendix to this title.
    Section 1111 was renumbered section 1113 of the Act by Pub. L. 109-
    163, div. C, title XXXV, Sec. 3507(d), Jan. 6, 2006, 119 Stat.
    3557. See Historical and Revision notes above and section 18(a) of
    Pub. L. 109-304, set out as a Legislative Purpose and Construction
    note preceding section 101 of this title.

-End-


-CITE-
    46 USC CHAPTER 539 - WAR RISK INSURANCE                     01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
                     CHAPTER 539 - WAR RISK INSURANCE                 

-MISC1-
    Sec.                                                     
    53901.      Definitions.                                          
    53902.      Authority to provide insurance.                       
    53903.      Insurable interests.                                  
    53904.      Liability insurance for persons involved in war or
                 defense efforts.                                     
    53905.      Agency insurance.                                     
    53906.      Hull insurance valuation.                             
    53907.      Reinsurance.                                          
    53908.      Additional insurance privately obtained.              
    53909.      War risk insurance revolving fund.                    
    53910.      Administrative.                                       
    53911.      Civil actions for losses.                             
    53912.      Expiration date.                                      

-End-



-CITE-
    46 USC Sec. 53901                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
    Sec. 53901. Definitions

-STATUTE-
      In this chapter:
        (1) American vessel. - The term "American vessel" includes - 
          (A) a documented vessel with a registry or coastwise
        endorsement under chapter 121 of this title;
          (B) an undocumented vessel owned or chartered by or made
        available to the United States Government; and
          (C) a tug, barge, or other watercraft (whether or not
        documented) owned by a citizen of the United States and used in
        essential water transportation or in the fisheries, except only
        for sport fishing.

        (2) Cargo. - The term "cargo" includes a loaded or empty
      container on a vessel.
        (3) Transportation in the waterborne commerce of the united
      states. - The term "transportation in the waterborne commerce of
      the United States" includes the operation of a vessel in the
      fisheries, except only for sport fishing.
        (4) War risks. - The term "war risks" includes, to the extent
      the Secretary of Transportation determines - 
          (A) any part of a loss excluded from marine insurance
        coverage under a "free of capture or seizure" clause or
        analogous clause; and
          (B) any other loss from a hostile act, including
        confiscation, expropriation, nationalization, or deprivation.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1626.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53901(1)       46 App.:1281(a).        June 29, 1936, ch. 858,      
                                            title XII, Secs. 1201(a),   
                                            (b), as added Sept. 7, 1950,
                                            ch. 906, 64 Stat. 773.      
    53901(2)       46 App.:1283(b)         June 29, 1936, ch. 858,      
                    (last sentence).        title XII, Sec. 1203(b)     
                                            (last sentence), as added   
                                            Sept. 7, 1950, ch. 906, 64  
                                            Stat. 774; Pub. L. 94-523,  
                                            Sec. 2, Oct. 17, 1976, 90   
                                            Stat. 2474.                 
    53901(3)       46 App.:1281(b).                                     
    53901(4)       46 App.:1281(c).        June 29, 1936, ch. 858,      
                                            title XII, Sec. 1201(c), as 
                                            added Sept. 7, 1950, ch.    
                                            906, 64 Stat. 773; restated 
                                            Pub. L. 107-107, title XXXV,
                                            Sec. 3502, Dec. 28, 2001,   
                                            115 Stat. 1392.             
    --------------------------------------------------------------------

      In paragraph (1)(A), the words "a documented vessel with a
    registry or coastwise endorsement under chapter 121 of this title"
    are substituted for "any vessel registered, enrolled, or licensed
    under the laws of the United States" because of 46 U.S.C. 12101(b).
      In paragraph (1)(B). the words "or any department or agency
    thereof" are omitted as surplus.
      In paragraph (1)(C), the word "fisheries" is substituted for
    "fishing trade or industry" because of the definition of
    "fisheries" in chapter 1 of the revised title.

-End-



-CITE-
    46 USC Sec. 53902                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
    Sec. 53902. Authority to provide insurance

-STATUTE-
      (a) In General. - With the approval of the President, and after
    such consultation with interested agencies of United States
    Government as the President may require, the Secretary of
    Transportation may provide insurance and reinsurance against loss
    or damage from war risks as provided by this chapter whenever it
    appears to the Secretary that insurance adequate for the needs of
    the waterborne commerce of the United States cannot be obtained on
    reasonable terms and conditions from companies authorized to do
    insurance business in a State of the United States.
      (b) Consideration of Risk. - Insurance or reinsurance under this
    chapter shall be based, insofar as practicable, on consideration of
    the risk involved.
      (c) Availability of Vessel During War or National Emergency. -
    Insurance or reinsurance for a vessel may be provided under this
    chapter only on the condition that the vessel will be available to
    the Government in time of war or national emergency.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1627.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53902          46 App.:1282.           June 29, 1936, ch. 858,      
                                            title XII, Sec. 1202, as    
                                            added Sept. 7, 1950, ch.    
                                            906, 64 Stat. 773; Pub. L.  
                                            101-115, Sec. 7(a), Oct. 13,
                                            1989, 103 Stat. 694.        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53903                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
    Sec. 53903. Insurable interests

-STATUTE-
      (a) In General. - The Secretary of Transportation may provide
    insurance and reinsurance under this chapter for - 
        (1) an American vessel, including a vessel under construction;
        (2) a foreign vessel - 
          (A) owned by a citizen of the United States; or
          (B) engaged in transportation in the waterborne commerce of
        the United States or in such other transportation by water or
        such other services as the Secretary considers to be in the
        interest of the national defense or national economy of the
        United States, when so engaged;

        (3) cargo - 
          (A) shipped or to be shipped on a vessel insurable under this
        section, including by express or registered mail;
          (B) owned by a citizen or resident of the United States;
          (C) imported to or exported from the United States, or sold
        or purchased by a citizen or resident of the United States,
        under a contract of sale or purchase the terms of which provide
        that the risk of loss by war risks or the obligation to provide
        insurance against war risks is on a citizen or resident of the
        United States; or
          (D) shipped between ports in the United States;

        (4) disbursements, including advances to masters and general
      average disbursements, and freight and passage money of a vessel
      insurable under this section;
        (5) personal effects of an individual on a vessel insurable
      under this section;
        (6) loss of life, injury, or detention by an enemy of the
      United States after capture, with respect to an individual on a
      vessel insurable under this section; and
        (7) statutory or contractual obligations or other liabilities
      of a vessel insurable under this section or of the owner or
      charterer of such a vessel, of a nature customarily covered by
      insurance.

      (b) Considerations for Foreign Vessels. - In determining whether
    to provide insurance or reinsurance for a foreign vessel, the
    Secretary shall consider the characteristics, employment, and
    general management of the vessel by the owner or charterer.
      (c) Non-War Risks. - Insurance of a risk under subsection (a)(5)-
    (7), insofar as it involves a liability related to an individual
    on the vessel, may include risks other than war risks to the extent
    the Secretary considers advisable.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1627.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53903(a)       46 App.:1283(a)         June 29, 1936, ch. 858,      
                    (1st sentence), (b)     title XII, Sec. 1203(a)     
                    (1st sentence),         (1st, 2d sentences), (b)    
                    (c)-(f).                (1st sentence), (c)-(f), as 
                                            added Sept. 7, 1950, ch.    
                                            906, 64 Stat. 773, 774; Pub.
                                            L. 94-523, Secs. 1-3, Oct.  
                                            17, 1976, 90 Stat. 2474.    
    53903(b)       46 App.:1283(a) (2d                                  
                    sentence).                                          
    53903(c)       46 App.:1284.           June 29, 1936, ch. 858,      
                                            title XII, Sec. 1204, as    
                                            added Sept. 7, 1950, ch.    
                                            906, 64 Stat. 774.          
    --------------------------------------------------------------------

      In subsections (a)(2) and (b), the words "foreign vessel" are
    substituted for "foreign-flag vessels" because of the definition of
    "foreign vessel" in chapter 1 of the revised title.
      In paragraph (3), references to the territories and possessions
    of the United States are omitted as unnecessary because of the
    definition of "United States" in chapter 1 of the revised title.
      In paragraph (5), the words "individual on a vessel insurable
    under this section" are substituted for "masters, officers, and
    crews of such vessels, and of other persons transported on such
    vessels" to eliminate unnecessary words.
      In paragraph (6), the words "individual on a vessel insurable
    under this section" are substituted for "Masters, officers, members
    of the crews of such vessels and other persons employed or
    transported thereon" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 53904                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
    Sec. 53904. Liability insurance for persons involved in war or
      defense efforts

-STATUTE-
      (a) In General. - The Secretary of Transportation may provide
    insurance under this chapter against legal liability that a person
    may incur in providing services or facilities for a vessel if, in
    the opinion of the Secretary, the insurance - 
        (1) is required in prosecuting a war or for national defense;
      and
        (2) cannot be obtained at reasonable rates or on reasonable
      terms and conditions from approved companies authorized to do
      insurance business in a State of the United States.

      (b) Limitations. - Employer liability insurance and worker
    compensation insurance against legal liability to employees may not
    be provided under this section.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1628.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53904          46 App.:1286.           June 29, 1936, ch. 858,      
                                            title XII, Sec. 1206, as    
                                            added Sept. 7, 1950, ch.    
                                            906, 64 Stat. 774; Aug. 3,  
                                            1956, ch. 929, Sec. 5, 70   
                                            Stat. 986.                  
    --------------------------------------------------------------------

      In subsection (a), the words "a vessel" are substituted for "any
    American- or foreign-flag vessel, public or private" to eliminate
    unnecessary words.

-End-



-CITE-
    46 USC Sec. 53905                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
    Sec. 53905. Agency insurance

-STATUTE-
      (a) In General. - With the approval of the President, an agency
    of the United States Government may obtain insurance provided for
    by this chapter from the Secretary of Transportation, except as
    provided in sections 17302 and 17303 of title 40.
      (b) Premium Waivers. - With the approval of the President, the
    Secretary of Transportation may provide insurance under this
    chapter at the request of the Secretary of Defense and other
    agencies the President may prescribe, without payment of an
    insurance premium if the Secretary of Defense or agency agrees to
    indemnify the Secretary of Transportation against loss covered by
    the insurance. The Secretary of Defense and agencies may make such
    an indemnity agreement.
      (c) Presidential Approval. - The signature of the President (or
    an official designated by the President) on the agreement shall be
    treated as the approval required by section 53902(a) of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1628.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53905          46 App.:1285.           June 29, 1936, ch. 858,      
                                            title XII, Sec. 1205, as    
                                            added Sept. 7, 1950, ch.    
                                            906, 64 Stat. 774; Pub. L.  
                                            105-261, div. A, title X,   
                                            Sec. 1071(a), Oct. 17, 1998,
                                            112 Stat. 2137.             
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53906                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
    Sec. 53906. Hull insurance valuation

-STATUTE-
      (a) Stated Valuation. - The valuation in a hull insurance policy
    for actual or constructive total loss of the insured vessel shall
    be a stated valuation determined by the Secretary of
    Transportation. The stated valuation - 
        (1) shall exclude national defense features paid for by the
      United States Government; and
        (2) may not exceed the amount that would be payable if the
      ownership of the vessel had been requisitioned under chapter 563
      of this title at the time the insurance attached under the
      policy.

      (b) Rejecting Stated Valuation. - Within 60 days after the
    insurance attaches under a policy referred to in subsection (a) or
    within 60 days after the Secretary determines the valuation,
    whichever is later, the insured may reject the valuation and pay,
    at the rate provided in the policy, premiums based on the asserted
    valuation the insured specifies at the time of rejection. However,
    the asserted valuation is not binding on the Government in any
    subsequent action on the policy.
      (c) Amount of Claim. - If a vessel is actually or constructively
    totally lost and the insured under a policy referred to in
    subsection (a) has not rejected the stated valuation determined by
    the Secretary, the amount of a claim adjusted, compromised,
    settled, adjudged, or paid may not exceed the stated valuation.
    However, if the insured has rejected the valuation, the insured - 
        (1) shall be paid, as a tentative advance only, 75 percent of
      the stated valuation; and
        (2) may bring a civil action against the United States in a
      court having jurisdiction of the claim to recover a valuation
      equal to the just compensation the court determines would have
      been payable if the ownership of the vessel had been
      requisitioned under chapter 563 of this title at the time the
      insurance attached under the policy.

      (d) Adjusting Premiums. - If a court makes a determination as
    provided under subsection (c)(2), premiums paid under the policy
    shall be adjusted based on the court's determination and the rates
    provided for in the policy.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1629.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53906          46 App.:1289(a)(2).     June 29, 1936, ch. 858,      
                                            title XII, Sec. 1209(a)(2), 
                                            as added Sept. 7, 1950, ch. 
                                            906, 64 Stat. 775; Aug. 3,  
                                            1956, ch. 929, Sec. 1, 70   
                                            Stat. 984; Pub. L. 88-478,  
                                            Sec. 1, Aug. 22, 1964, 78   
                                            Stat. 587.                  
    --------------------------------------------------------------------

      In subsection (c), the words "Provided, That in the event of an
    election by the insured to reject the stated valuation fixed by the
    Secretary and to sue in the courts, the amount of the judgment will
    be payable without regard to the limitations contained in section
    1242-1 of this Appendix, although the excess of any amounts
    advanced on account of just compensation over the amount of the
    court judgment will be required to be refunded" are omitted as
    obsolete because the section referred to, which was from the
    Department of Commerce and Related Agencies Appropriation Act, 1959
    (Pub. L. 85-469, 72 Stat. 231), has been omitted from the United
    States Code as obsolete.

-End-



-CITE-
    46 USC Sec. 53907                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
    Sec. 53907. Reinsurance

-STATUTE-
      (a) In General. - To the extent the Secretary of Transportation
    is authorized to provide insurance under this chapter, the
    Secretary may provide reinsurance to a company authorized to do
    insurance business in a State of the United States. The Secretary
    may obtain reinsurance from such a company for any insurance
    provided by the Secretary under this chapter.
      (b) Rates. - The Secretary may not provide reinsurance at rates
    less than, nor obtain reinsurance at rates more than, the rates
    established by the Secretary on the same or similar risks or the
    rates charged by the insurance company for the insurance reinsured,
    whichever is more advantageous to the Secretary. However, the
    Secretary may provide an allowance to the insurance company for the
    costs of services and facilities the company provides, in an amount
    the Secretary considers reasonable according to good business
    practice. The allowance to the company may not include any amount
    for soliciting or stimulating insurance business.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1629.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53907          46 App.:1287.           June 29, 1936, ch. 858,      
                                            title XII, Sec. 1207, as    
                                            added Sept. 7, 1950, ch.    
                                            906, 64 Stat. 775.          
    --------------------------------------------------------------------

      In subsection (a), the words "insurance under this chapter" are
    substituted for "marine, war risk, and liability insurance" for
    consistency in this chapter. The words "in whole or in part" are
    omitted as unnecessary. The words "obtain reinsurance from" are
    substituted for "reinsure with, or cede or retrocede to" for
    clarity and to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 53908                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
    Sec. 53908. Additional insurance privately obtained

-STATUTE-
      With the approval of the Secretary of Transportation, a person
    having an insurable interest in a vessel may obtain insurance on
    the vessel with other underwriting agents in addition to the
    insurance with the Secretary. The Secretary is not entitled to the
    benefit of the additional insurance.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1630.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53908          46 App.:1293.           June 29, 1936, ch. 858,      
                                            title XII, Sec. 1213, as    
                                            added Sept. 7, 1950, ch.    
                                            906, 64 Stat. 777; Pub. L.  
                                            97-31, Sec. 12(141), Aug. 6,
                                            1981, 95 Stat. 166.         
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53909                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
    Sec. 53909. War risk insurance revolving fund

-STATUTE-
      (a) In General. - There is a war risk insurance revolving fund in
    the Treasury.
      (b) Deposits. - There shall be deposited in the fund amounts
    appropriated to carry out this chapter and amounts received in
    carrying out this chapter.
      (c) Payments. - There shall be paid from the fund amounts for
    return premiums, losses, settlements, judgments, and all
    liabilities incurred by the United States Government under this
    chapter.
      (d) Investment. - The Secretary of Transportation may request the
    Secretary of the Treasury to invest such portion of the fund as is
    not, in the judgment of the Secretary of Transportation, required
    to meet the current needs of the fund. These investments shall be
    made by the Secretary of the Treasury in public debt securities of
    the Government, with maturities suitable to the needs of the fund,
    and bearing interest rates determined by the Secretary of the
    Treasury, taking into consideration current market yields on
    outstanding marketable obligations of the Government of comparable
    maturity. Interest and benefits from the securities shall be
    deposited in the fund.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1630; Pub. L.
    109-364, div. C, title XXXV, Sec. 3510(a)(1), Oct. 17, 2006, 120
    Stat. 2520.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53909          46 App.:1288.           June 29, 1936, ch. 858,      
                                            title XII, Sec. 1208, as    
                                            added Sept. 7, 1950, ch.    
                                            906, 64 Stat. 775; Pub. L.  
                                            87-743, Oct. 3, 1962, 76    
                                            Stat. 740; Pub. L. 97-31,   
                                            Sec. 12(139), Aug. 6, 1981, 
                                            95 Stat. 166; Pub. L.       
                                            108-375, div. C, title XXXV,
                                            Sec. 3502(b), Oct. 28, 2004,
                                            118 Stat. 2195.             
                   46 App.:1288a.          Nov. 1, 1951, ch. 664, par.  
                                            under heading "War-Risk     
                                            Insurance Revolving Fund",  
                                            65 Stat. 746; Pub. L. 97-31,
                                            Sec. 12(140), Aug. 6, 1981, 
                                            95 Stat. 166.               
    --------------------------------------------------------------------

      In subsection (c), the reference to the Fiscal Service
    [previously Division of Disbursement] in the Treasury Department is
    omitted as unnecessary.
      In subsection (d), the amendment by section 3502(b) of Public Law
    108-375, which struck the third sentence in 46 App. U.S.C. 1288 and
    inserted new material, was executed as if it were intended to
    strike the fourth sentence instead, to reflect probably [sic]
    intent.
      The text of 46 App. U.S.C. 1288(b) is omitted as unnecessary
    because enactment of a law authorizing certain governmental
    functions is itself an authorization of appropriations to carry out
    those functions. The text of 46 App. U.S.C. 1288a is omitted as
    executed and impliedly repealed by 46 App. U.S.C. 1119.

                                AMENDMENTS                            
      2006 - Pub. L. 109-364, which directed amendment of section
    1288(a) of the former Appendix to this title, from which this
    section was derived, was already reflected in text of this section
    as enacted by Pub. L. 109-304. See Historical and Revision Notes
    relating to subsection (d) above.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-364, div. C, title XXXV, Sec. 3510(a)(2), Oct. 17,
    2006, 120 Stat. 2520, provided that: "The amendments made by
    paragraph (1) [amending section 1288(a) of the former Appendix to
    this title, from which this section was derived] shall be effective
    as if enacted by section 3502 of the Ronald W. Reagan National
    Defense Authorization Act for Fiscal Year 2005 (118 Stat. 2195)
    [Pub. L. 108-375]."

-End-



-CITE-
    46 USC Sec. 53910                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
    Sec. 53910. Administrative

-STATUTE-
      (a) Accordance With Commercial Practice. - In carrying out this
    chapter, the Secretary of Transportation may act in accordance with
    commercial practice in the marine insurance business.
      (b) Regulations. - The Secretary may prescribe regulations the
    Secretary considers appropriate to carry out this chapter.
      (c) Policies, Rates, and Annual Fees. - The Secretary may
    prescribe and change forms and policies, and fix and change the
    amounts insured and rates of premium, under this chapter.
      (d) Annual Fees. - The Secretary may charge and collect an annual
    fee in an amount calculated to cover the expenses of processing
    applications for insurance, employing underwriting agents, and
    appointing experts under this chapter.
      (e) Payment of Claims and Judgments. - The Secretary may settle
    and pay claims, and pay judgments against the United States,
    related to insurance under this chapter.
      (f) Underwriting Agents. - 
        (1) In general. - The Secretary may, and when the Secretary
      finds it practical to do so shall, employ a domestic company or
      group of domestic companies, authorized to do marine insurance
      business in a State of the United States, to act as underwriting
      agent for the Secretary. The services of an underwriting agent
      may be used in adjusting claims, but a claim may not be paid
      until approved by the Secretary.
        (2) Compensation. - The Secretary may allow the company or
      group of companies reasonable compensation for services as the
      underwriting agent. The compensation may include an allowance for
      expenses reasonably incurred by the agent, but may not include
      any amount for soliciting or stimulating business.

      (g) Fees For Arranging Insurance. - Except as provided in
    subsection (f)(2), the Secretary may not pay an insurance broker or
    other person acting in a similar intermediary capacity a fee or
    other consideration for participating in arranging insurance when
    the Secretary directly insures any of the risk.
      (h) Employment of Marine Insurance Experts. - The Secretary,
    without regard to the laws and regulations on the employment of
    Federal employees, may appoint and prescribe the duties of experts
    in marine insurance as the Secretary considers necessary to carry
    out this chapter.
      (i) Services of Other Government Agencies. - With the consent of
    another agency of the United States Government, the Secretary may
    use information, services, facilities, officers, and employees of
    the agency in carrying out this chapter.
      (j) Vessel Location Reporting. - The Secretary may prescribe by
    regulation vessel location reporting requirements for a vessel
    insured under this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1630.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53910(a)       46 App.:1289(c)         June 29, 1936, ch. 858,      
                    (1st sentence).         title XII, Sec. 1209(a)(1), 
                                            (b)-(f), as added Sept. 7,  
                                            1950, ch. 906, 64 Stat. 775;
                                            Aug. 3, 1956, ch. 929, Sec. 
                                            1, 70 Stat. 984; Pub. L.    
                                            94-523, Sec. 4, Oct. 17,    
                                            1976, 90 Stat. 2474.        
    53910(b)       46 App.:1289(a)(1)                                   
                    (1st-19th words).                                   
    53910(c)       46 App.:1289(b)                                      
                    (1st sentence).                                     
    53910(d)       46 App.:1289(b)                                      
                    (last sentence).                                    
    53910(e)       46 App.:1289(a)(1)                                   
                    (20th-last words).                                  
    53910(f)       46 App.:1289(d).                                     
    53910(g)       46 App.:1289(c)                                      
                    (last sentence).                                    
    53910(h)       46 App.:1289(e).                                     
    53910(i)       46 App.:1289(f).                                     
    53910(j)       46 App.:1283(a)         June 29, 1936, ch. 858,      
                    (last sentence).        title XII, Sec. 1203(a)     
                                            (last sentence), as added   
                                            Sept. 7, 1950, ch. 906, 64  
                                            Stat. 774; Pub. L. 94-523,  
                                            Sec. 1, Oct. 17, 1976, 90   
                                            Stat. 2474.                 
    --------------------------------------------------------------------

      Subsection (e) is substituted for "may adjust and pay losses,
    compromise and settle claims, whether in favor of or against the
    United States and pay the amount of any judgment rendered against
    the United States in any suit, or the amount of any settlement
    agreed upon, in respect of any claim under insurance authorized by
    this subchapter" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 53911                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
    Sec. 53911. Civil actions for losses

-STATUTE-
      (a) In General. - If there is a disagreement about a loss insured
    under this chapter, a civil action in admiralty may be brought
    against the United States in the district court of the United
    States for the district in which the plaintiff or the plaintiff's
    agent resides. If the plaintiff has no residence in the United
    States, the action may be brought in the United States District
    Court for the District of Columbia or in the district court for any
    district in which the Attorney General agrees to accept service.
    Any person who may have an interest in the insurance may be made a
    party, either initially or on the motion of either party.
      (b) Exclusive Remedy. - A civil action against the United States
    under this section is exclusive of any other action by reason of
    the same subject matter against an officer, employee, or agent
    employed or retained by the Government under this chapter.
      (c) Procedure. - A civil action under this section shall be heard
    and determined under chapter 309 of this title.
      (d) Tolling of Limitations Period. - If a claim is filed with the
    Secretary of Transportation, the running of the limitations period
    for bringing a civil action is suspended until the Secretary denies
    the claim, and for 60 days thereafter. The Secretary is deemed to
    have denied the claim if the Secretary does not act on the claim
    within 6 months after the claim is filed, unless the Secretary for
    good cause shown agrees with the claimant on a different period for
    the Secretary to act on the claim.
      (e) Interpleader. - If the Secretary acknowledges the
    indebtedness of the Government under the insurance and there is a
    dispute about the persons entitled to receive payment, the
    Government may bring a civil action interpleading those persons.
    The action shall be brought in the United States District Court for
    the District of Columbia or in the district court for the district
    in which any of those persons resides. A person not residing or
    found in the district may be made a party by service in any
    reasonable manner the court directs. If the court is satisfied that
    unknown persons might make a claim under the insurance, the court
    may direct service on those unknown persons by publication in the
    Federal Register. Judgment after service by publication in the
    Federal Register discharges the Government from further liability
    to all persons.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1631.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53911          46 App.:1292.           June 29, 1936, ch. 858,      
                                            title XII, Sec. 1212, as    
                                            added Sept. 7, 1950, ch.    
                                            906, 64 Stat. 776.          
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 53912                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part C - Financial Assistance Programs
    CHAPTER 539 - WAR RISK INSURANCE

-HEAD-
    Sec. 53912. Expiration date

-STATUTE-
      The authority of the Secretary of Transportation to provide
    insurance and reinsurance under this chapter expires on December
    31, 2010.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1632.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    53912          46 App.:1294.           June 29, 1936, ch. 858,      
                                            title XII, Sec. 1214, as    
                                            added Sept. 7, 1950, ch.    
                                            906, 64 Stat. 777; Aug. 3,  
                                            1955, ch. 492, 69 Stat. 440;
                                            Pub. L. 86-120, July 31,    
                                            1959, 73 Stat. 266; Pub. L. 
                                            89-89, July 27, 1965, 79    
                                            Stat. 264; Pub. L. 91-469,  
                                            Sec. 34, Oct. 21, 1970, 84  
                                            Stat. 1035; Pub. L. 94-523, 
                                            Sec. 5, Oct. 17, 1976, 90   
                                            Stat. 2474; Pub. L. 96-195, 
                                            Feb. 25, 1980, 94 Stat. 63; 
                                            Pub. L. 99-59, July 3, 1985,
                                            99 Stat. 110; Pub. L.       
                                            101-115, Sec. 7(b), Oct. 13,
                                            1989, 103 Stat. 694; Pub. L.
                                            104-106, title X, Sec. 1094,
                                            Feb. 10, 1996, 110 Stat.    
                                            461; Pub. L. 104-239, Sec.  
                                            12, Oct. 8, 1996, 110 Stat. 
                                            3134; Pub. L. 108-375, div. 
                                            C, title XXXV, Sec. 3502(a),
                                            Oct. 28, 2004, 118 Stat.    
                                            2195.                       
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC Part D - Promotional Programs                        01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs

-HEAD-
                       PART D - PROMOTIONAL PROGRAMS                   

-End-


-CITE-
    46 USC CHAPTER 551 - COASTWISE TRADE                        01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
                       CHAPTER 551 - COASTWISE TRADE                   

-MISC1-
    Sec.                                                     
    55101.      Application of coastwise laws.                        
    55102.      Transportation of merchandise.                        
    55103.      Transportation of passengers.                         
    55104.      Transportation of passengers between Puerto Rico and
                 other ports in the United States.                    
    55105.      Transportation of hazardous waste.                    
    55106.      Merchandise transferred between barges.               
    55107.      Empty cargo containers and barges.                    
    55108.      Platform jackets.                                     
    55109.      Dredging.                                             
    55110.      Transportation of dredged material.                   
    55111.      Towing.                                               
    55112.      Vessel escort operations and towing assistance.       
    55113.      Use of foreign documented oil spill response vessels. 
    55114.      Unloading fish from foreign vessels.                  
    55115.      Supplies on fish processing vessels.                  
    55116.      Canadian rail lines.                                  
    55117.      Great Lakes rail route.                               
    55118.      Foreign railroads whose road enters by ferry, tugboat,
                 or towboat.                                          
    55119.      Yukon River.                                          
    55120.      Transshipment of imported merchandise intended for
                 immediate exportation.                               
    55121.      Transportation of merchandise and passengers on
                 Canadian vessels.                                    

-End-



-CITE-
    46 USC Sec. 55101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55101. Application of coastwise laws

-STATUTE-
      (a) In General. - Except as provided in subsection (b), the
    coastwise laws apply to the United States, including the island
    territories and possessions of the United States.
      (b) Exceptions. - The coastwise laws do not apply to - 
        (1) American Samoa;
        (2) the Northern Mariana Islands, except as provided in section
      502(b) of the Covenant To Establish a Commonwealth of the
      Northern Mariana Islands in Political Union With the United
      States of America (48 U.S.C. 1801 note);
        (3) Canton Island until the President declares by proclamation
      that the coastwise laws apply to Canton Island; or
        (4) the Virgin Islands until the President declares by
      proclamation that the coastwise laws apply to the Virgin Islands.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1632.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55101(a)       46 App.:877 (words      June 5, 1920, ch. 250, Sec.  
                    before last             21, 41 Stat. 997; Apr. 16,  
                    proviso).               1936, ch. 228, 49 Stat.     
                                            1207; Pub. L. 97-31, Sec.   
                                            12(47), Aug. 6, 1981, 95    
                                            Stat. 157.                  
    55101(b)(1)    48:1664.                June 14, 1934, ch. 523, 48   
                                            Stat. 963.                  
    55101(b)(2)    48:1801 note            Pub. L. 94-241, Sec. 1, Mar. 
                    (Covenant Sec.          24, 1976, 90 Stat. 263; Pub.
                    503(b)).                L. 98-213, Sec. 9, Dec. 8,  
                                            1983, 97 Stat. 1461; Pub. L.
                                            104-208, div. A, title I,   
                                            Sec. 101(d) [title I], Sept.
                                            30, 1996, 110 Stat. 3009-196.
    55101(b)(3)    46 App.:877 note.       Proc. No. 3215, Dec. 12,     
                                            1957, 72 Stat. c19.         
    55101(b)(4)    46 App.:877 (last                                    
                    proviso).                                           
    --------------------------------------------------------------------

      In subsection (a), the words "apply to the United States,
    including" are substituted for "extend to" for clarity. The words
    "From and after February 1, 1922" and "not covered thereby on June
    5, 1920" are omitted as obsolete. The requirement to establish
    adequate steamship service to the island Territories and
    possessions is omitted as obsolete.
      Subsection (b)(2) is based on section 503(b) of the Covenant To
    Establish a Commonwealth of the Northern Mariana Islands in
    Political Union With the United States of America (48 U.S.C. 1801
    note).
      Subsection (b)(3) is based on Proc. No. 3215, Dec. 12, 1957, 72
    Stat. c19, which provided that the President, "under and by virtue
    of the authority vested in me by the aforesaid section 21 of the
    Merchant Marine Act, 1920 [46 App. U.S.C. 877], do hereby declare
    and proclaim that the period for the establishment of an adequate
    shipping service for Canton Island is extended until further notice
    by proclamation of the President, and that the extension of the
    coastwise laws of the United States to Canton Island is deferred
    until it is declared by proclamation of the President that such
    adequate shipping service has been established".
      In subsection (b)(4), the words "and fix a date for the going
    into effect of same" are omitted as surplus.
      The provisos of 46 App. U.S.C. 877 relating to the Philippine
    Islands are omitted as obsolete because of the independence of the
    Philippine Islands. See Proc. No. 2695, July 4, 1946, 60 Stat. 1352
    (22 U.S.C. 1394 note).

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 502(b) of the Covenant To Establish a Commonwealth of the
    Northern Mariana Islands in Political Union With the United States
    of America, referred to in subsec. (b)(2), is contained in section
    1 of Pub. L. 94-241, set out as a note under section 1801 of Title
    48, Territories and Insular Possessions.


-MISC2-
                  CANTON ISLAND; SOVEREIGNTY OF KIRIBATI              
      By a treaty of friendship, TIAS 10777, which entered into force
    Sept. 23, 1983, the United States recognized the sovereignty of
    Kiribati over Canton Island.

-End-



-CITE-
    46 USC Sec. 55102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55102. Transportation of merchandise

-STATUTE-
      (a) Definition. - In this section, the term "merchandise"
    includes - 
        (1) merchandise owned by the United States Government, a State,
      or a subdivision of a State; and
        (2) valueless material.

      (b) Requirements. - Except as otherwise provided in this chapter
    or chapter 121 of this title, a vessel may not provide any part of
    the transportation of merchandise by water, or by land and water,
    between points in the United States to which the coastwise laws
    apply, either directly or via a foreign port, unless the vessel - 
        (1) is wholly owned by citizens of the United States for
      purposes of engaging in the coastwise trade; and
        (2) has been issued a certificate of documentation with a
      coastwise endorsement under chapter 121 or is exempt from
      documentation but would otherwise be eligible for such a
      certificate and endorsement.

      (c) Penalty. - Merchandise transported in violation of subsection
    (b) is liable to seizure by and forfeiture to the Government.
    Alternatively, an amount equal to the value of the merchandise (as
    determined by the Secretary of Homeland Security) or the actual
    cost of the transportation, whichever is greater, may be recovered
    from any person transporting the merchandise or causing the
    merchandise to be transported.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1632.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55102          46 App.:883 (words      June 5, 1920, ch. 250, Sec.  
                    before 1st proviso,     27 (words before 1st        
                    11th proviso).          proviso, 11th proviso), 41  
                                            Stat. 999; July 2, 1935, ch.
                                            355, 49 Stat. 442; Pub. L.  
                                            95-410, title II, Sec. 213, 
                                            Oct. 3, 1978, 92 Stat. 904; 
                                            Pub. L. 101-329 [100-329],  
                                            Sec. 1(a)(1), [Sec. 1(a)]   
                                            June 7, 1988, 102 Stat. 588;
                                            Pub. L. 102-587, title V,   
                                            Sec. 5501(b), Nov. 4, 1992, 
                                            106 Stat. 5085.             
    --------------------------------------------------------------------

      In subsection (a)(1), the words "(as defined in section 2101 of
    the [sic] title 46)" are omitted because the definition of "State"
    is being moved to chapter 1 and will apply to the entire title.
      In subsection (b), the words "may not provide any part of the
    transportation of" are substituted for "No . . . shall be
    transported" and "or for any part of the transportation" because of
    the reorganization of the language. The words "including Districts,
    Territories, and possessions thereof" are omitted because of the
    definition of "United States" in chapter 1 of the revised title.
    The words "to which the coastwise laws apply" are substituted for
    "embraced within the coastwise laws" for consistency with section
    55101. The words "is wholly owned by citizens of the United States
    for purposes of engaging in the coastwise trade" are substituted
    for "owned by persons who are citizens of the United States", and
    the words "has been issued a certificate of documentation with a
    coastwise endorsement under chapter 121" are substituted for
    "documented under the laws of the United States", for clarity and
    consistency in the revised title. The words "or is exempt from
    documentation but would otherwise be eligible for such a
    certificate and endorsement" are added for consistency with section
    12102 as revised by the bill. The requirement that the vessel be
    built in the United States is omitted from this section for
    consistency with the requirements for a coastwise endorsement,
    which also require that the vessel be built in the United States
    except in certain circumstances. The words "or vessels to which the
    privilege of engaging in the coastwise trade is extended by section
    808 of this Appendix or section 22 of this Act" are omitted because
    the relevant portion of section 808, and section 22, have been
    repealed.
      In subsection (c), the words "any person" are substituted for
    "any consignor, seller, owner, importer, consignee, agent, or other
    person or persons" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 55103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55103. Transportation of passengers

-STATUTE-
      (a) In General. - Except as otherwise provided in this chapter or
    chapter 121 of this title, a vessel may not transport passengers
    between ports or places in the United States to which the coastwise
    laws apply, either directly or via a foreign port, unless the
    vessel - 
        (1) is wholly owned by citizens of the United States for
      purposes of engaging in the coastwise trade; and
        (2) has been issued a certificate of documentation with a
      coastwise endorsement under chapter 121 or is exempt from
      documentation but would otherwise be eligible for such a
      certificate and endorsement.

      (b) Penalty. - The penalty for violating subsection (a) is $300
    for each passenger transported and landed.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1633.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55103          46 App.:289.            June 19, 1886, ch. 421, Sec. 
                                            8, 24 Stat. 81; Feb. 17,    
                                            1898, ch. 26, Sec. 2, 30    
                                            Stat. 248.                  
    --------------------------------------------------------------------

      This section is substituted for the source provision for
    consistency with section 55102. See 19 C.F.R. Secs. 4.80, 4.80a
    (2004).
      In subsection (b), the penalty amount reflects the adjustment for
    inflation pursuant to the Federal Civil Penalties Inflation
    Adjustment Act of 1990 (28 U.S.C. 2461 note). See 19 C.F.R. Sec.
    4.80(b)(2) (2004).

-End-



-CITE-
    46 USC Sec. 55104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55104. Transportation of passengers between Puerto Rico and
      other ports in the United States

-STATUTE-
      (a) Definitions. - In this section:
        (1) Certificate. - The term "certificate" means a certificate
      of financial responsibility for indemnification of passengers for
      nonperformance of transportation issued by the Federal Maritime
      Commission under section 44102 of this title.
        (2) Passenger vessel. - The term "passenger vessel" means a
      vessel of similar size, or offering similar service, as any other
      vessel transporting passengers under subsection (b).

      (b) Exemption. - Except as otherwise provided in this section, a
    vessel not qualified to engage in the coastwise trade may transport
    passengers between a port in Puerto Rico and another port in the
    United States.
      (c) Expiration of Exemption. - 
        (1) When coastwise-qualified vessel offering service. - On a
      showing to the Secretary of the department in which the Coast
      Guard is operating, by the vessel owner or charterer, that a
      United States passenger vessel qualified to engage in the
      coastwise trade is offering or advertising passenger service
      between a port in Puerto Rico and another port in the United
      States pursuant to a certificate, the Secretary shall notify the
      owner or operator of each vessel transporting passengers under
      subsection (b) to terminate that transportation within 270 days
      after the Secretary's notification. Except as provided in
      subsection (d), the authority to transport passengers under
      subsection (b) expires at the end of that 270-day period.
        (2) When non-coastwise-qualified vessel offering service. - On
      a showing to the Secretary, by the vessel owner or charterer,
      that a United States passenger vessel not qualified to engage in
      the coastwise trade is offering or advertising passenger service
      between a port in Puerto Rico and another port in the United
      States pursuant to a certificate, the Secretary shall notify the
      owner or operator of each foreign vessel transporting passengers
      under subsection (b) to terminate that transportation within 270
      days after the Secretary's notification. Except as provided in
      subsection (d), the authority of a foreign vessel to transport
      passengers under subsection (b) expires at the end of that 270-
      day period.

      (d) Delaying Expiration. - If the vessel offering or advertising
    the service described in subsection (c) has not begun that service
    within 270 days after the Secretary's notification, the expiration
    provided by subsection (c) is delayed until 90 days after the
    vessel offering or advertising the service begins that service.
      (e) Reinstatement of Exemption. - If the Secretary finds that the
    service on which an expiration was based is no longer available,
    the expired authority to transport passengers is reinstated.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1633.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55104(a)(1)    46 App.:289c(b)         Pub. L. 98-563, Oct. 30,     
                    (related to meaning     1984, 98 Stat. 2916.        
                    of certificate).                                    
    55104(a)(2)    46 App.:289c(e).                                     
    55104(b)       46 App.:289c(a).                                     
    55104(c)       46 App.:289c(b).                                     
    55104(d)       46 App.:289c(c).                                     
    55104(e)       46 App.:289c(d).                                     
    --------------------------------------------------------------------

      In subsection (a), the definition of "certificate" is added based
    on the language in 46 App. U.S.C. 289c(b)(1) and (2) to avoid
    repeating the substance of the definition twice in the section.
      In subsection (b), the words "Notwithstanding any other provision
    of law" and "directly or by way of a foreign port" are omitted as
    unnecessary.

-End-



-CITE-
    46 USC Sec. 55105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55105. Transportation of hazardous waste

-STATUTE-
      (a) In General. - The transportation of hazardous waste, as
    defined in section 1004(5) of the Resource Conservation and
    Recovery Act of 1976 (42 U.S.C. 6903(5)), from a point in the
    United States to sea for incineration is deemed to be
    transportation of merchandise under section 55102 of this title.
      (b) Nonapplication to Certain Foreign Vessels. - 
        (1) In general. - Subsection (a) does not apply to
      transportation performed by a foreign ocean incineration vessel
      owned by or under construction on May 1, 1982, for a corporation
      wholly owned by citizens of the United States under section
      50501(a)-(c) of this title.
        (2) Standards for incineration equipment. - Incineration
      equipment on a vessel described in paragraph (1) must meet
      standards of the Coast Guard and the Environmental Protection
      Agency.
        (3) Inspection. - A vessel described in paragraph (1) shall be
      inspected by the Coast Guard, regardless of whether inspected by
      the nation in which it is registered. The inspection shall be the
      same as would be required of a vessel of the United States,
      including drydock inspection and internal examination of tanks
      and void spaces. The inspection may be made concurrently with an
      inspection by that nation or within one year after the initial
      issuance or next scheduled issuance of the Safety of Life at Sea
      Safety Construction Certificate. In making the inspection, the
      Coast Guard shall refer to the condition of the hull and
      superstructure established by the initial foreign certification
      as the basis for evaluating the current condition of the hull and
      superstructure. The Coast Guard shall allow the substitution of
      fittings, material, apparatus, equipment, and appliances
      different from those required for vessels of the United States if
      satisfied they are equivalent and at least as effective as those
      required for vessels of the United States. A satisfactory
      inspection under this paragraph shall be certified in writing by
      the Secretary of the department in which the Coast Guard is
      operating.

      (c) Effective Date. - Subsection (a) is not effective until an
    appropriate vessel has been built and documented under chapter 121
    of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1634; Pub. L.
    109-241, title IX, Sec. 902(o), July 11, 2006, 120 Stat. 569.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      The last sentence of subsection (b)(3) of this section was
    derived from the fifth sentence of section 883 of the former
    Appendix to this title, which was amended by Pub. L. 109-241, title
    IX, Sec. 902(o), July 11, 2006, 120 Stat. 569. For applicability of
    that amendment to this section, see section 18(a) of Pub. L. 109-
    304, set out as a Legislative Purpose and Construction note
    preceding section 101 of this title. That amendment struck out
    "Satisfactory inspection shall be certified in writing by the
    Secretary of Transportation" and inserted "Satisfactory inspection
    shall be certified, in writing, by the Secretary of Homeland
    Security."



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55105          46 App.:883 (2d-6th     June 5, 1920, ch. 250, Sec.  
                    sentences, last         27 (2d-6th sentences, last  
                    sentence less           sentence less provisos), 41 
                    provisos).              Stat. 999; July 2, 1935, ch.
                                            355, 49 Stat. 442; Pub. L.  
                                            97-389, title V, Sec. 502,  
                                            Dec. 29, 1982, 96 Stat. 1954.
    --------------------------------------------------------------------

      In subsection (a), the words "after December 31, 1983" are
    omitted as obsolete. The words "transportation of merchandise under
    section 55102 of this title" are substituted for "For the purposes
    of this section" and "transportation by water of merchandise
    between points in the United States" for consistency with section
    55102.
      In subsection (b)(2), the words "all current" are omitted as
    surplus.
      Subsection (c) is substituted for "or after such time as an
    appropriate vessel has been constructed and documented as a vessel
    of the United States" to improve the organization.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1004(5) of the Resource Conservation and Recovery Act of
    1976 (42 U.S.C. 6903(5)), referred to in subsec. (a), probably
    means section 1004(5) of the Solid Waste Disposal Act (42 U.S.C.
    6903(5)), as added by section 2 of the Resource Conservation and
    Recovery Act of 1976, Pub. L. 94-580.

-End-



-CITE-
    46 USC Sec. 55106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55106. Merchandise transferred between barges

-STATUTE-
      (a) In General. - On terms and conditions the Secretary of
    Homeland Security may prescribe by regulation, the Secretary may
    suspend the application of section 55102 of this title to the
    transportation of merchandise that is transferred, when moving in
    the foreign trade of the United States, from a barge certified by
    the owner or operator as designed specifically for carriage on a
    vessel and carried regularly on a vessel in foreign trade, to
    another such barge owned or leased by the same owner or operator.
    However, this subsection does not apply to transportation between
    the continental United States and noncontiguous States,
    territories, or possessions to which the coastwise laws apply.
      (b) Reciprocity Requirement for Foreign Vessels. - This section
    applies to a vessel of foreign registry only if the Secretary of
    Homeland Security finds, based on information from the Secretary of
    State, that the government of the nation of registry extends
    reciprocal privileges to vessels of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1635.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55106          46 App.:883 (7th        June 5, 1920, ch. 250, Sec.  
                    proviso).               27 (7th proviso), 41 Stat.  
                                            999; July 2, 1935, ch. 355, 
                                            49 Stat. 442; Pub. L.       
                                            92-163, Sec. 1, Nov. 23,    
                                            1971, 85 Stat. 486.         
    --------------------------------------------------------------------

      In subsection (a), the words "non-self-propelled" are omitted as
    unnecessary because of the definition of "barge" in chapter 1 of
    the revised title. The words "between points in the United States"
    and "without regard to whether any such barge is under foreign
    registry or qualified to engage in the coastwise trade" are omitted
    as surplus.

-End-



-CITE-
    46 USC Sec. 55107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55107. Empty cargo containers and barges

-STATUTE-
      (a) In General. - Subject to subsections (b) and (c), and on
    terms and conditions the Secretary of Homeland Security may
    prescribe by regulation, section 55102 of this title does not apply
    to the transportation of - 
        (1) empty cargo vans, empty lift vans, or empty shipping tanks;
        (2) equipment for use with cargo vans, lift vans, or shipping
      tanks;
        (3) empty barges specifically designed for carriage aboard a
      vessel and equipment (except propulsion equipment) for use with
      those barges;
        (4) empty instruments for international traffic exempted from
      the customs laws under section 322(a) of the Tariff Act of 1930
      (19 U.S.C. 1322(a)); or
        (5) stevedoring equipment and material.

      (b) Conditions. - 
        (1) Paragraphs (1)-(4). - Paragraphs (1)-(4) of subsection (a)
      apply only if the items named are owned or leased by the owner or
      operator of the vessel and transported for its use in handling
      its cargo in foreign trade.
        (2) Paragraph (5). - Paragraph (5) of subsection (a) applies
      only if the items named are - 
          (A) owned or leased by the owner or operator of the vessel or
        by the stevedoring company having the contract for the loading
        or unloading of the vessel; and
          (B) transported without charge for use in the handling of
        cargo in foreign trade.

      (c) Reciprocity Requirement for Foreign Vessels. - This section
    applies to a vessel of foreign registry only if the Secretary of
    Homeland Security finds, based on information from the Secretary of
    State, that the government of the nation of registry extends
    reciprocal privileges to vessels of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1635.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55107          46 App.:883 (6th        June 5, 1920, ch. 250, Sec.  
                    proviso).               27 (6th proviso), 41 Stat.  
                                            999; July 2, 1935, ch. 355, 
                                            49 Stat. 442; Pub. L.       
                                            89-194, Sept. 21, 1965, 79  
                                            Stat. 823; Pub. L. 90-474,  
                                            Aug. 11, 1968, 80 Stat. 700;
                                            Pub. L. 92-163, Sec. 1, Nov.
                                            23, 1971, 85 Stat. 486.     
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the words "by vessels of
    the United States not qualified to engage in the coastwise trade,
    or by vessels of foreign registry" are omitted as unnecessary. In
    paragraph (4), the words "by the Secretary of the Treasury" are
    omitted as unnecessary because the section referred to provides who
    administers it.

-End-



-CITE-
    46 USC Sec. 55108                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55108. Platform jackets

-STATUTE-
      (a) Definitions. - In this section:
        (1) Coastwise qualified vessel. - The term "coastwise qualified
      vessel" means a vessel that has been issued a certificate of
      documentation with a coastwise endorsement under chapter 121 of
      this title.
        (2) Platform jacket. - The term "platform jacket" refers to a
      single physical component and includes any type of offshore
      exploration, development, or production structure or component
      thereof, including - 
          (A) platform jackets;
          (B) tension leg or SPAR platform superstructures (including
        the deck, drilling rig and support utilities, and supporting
        structure);
          (C) hull (including vertical legs and connecting pontoons or
        vertical cylinder);
          (D) tower and base sections of a platform jacket;
          (E) jacket structures; and
          (F) deck modules (known as "topsides").

      (b) Authorized Transportation. - Section 55102 of this title does
    not apply to the transportation of a platform jacket in or on a non-
    coastwise qualified launch barge between two points in the United
    States, at one of which there is an installation or other device
    within the meaning of section 4(a) of the Outer Continental Shelf
    Lands Act (43 U.S.C. 1333(a)), if - 
        (1) the launch barge was built before December 31, 2000, and
      has a launch capacity of at least 12,000 long tons; and
        (2) the Secretary of Transportation makes a determination, in
      accordance with procedures established under subsection (c), that
      a suitable coastwise qualified vessel is not available for use in
      the transportation and, if needed, launch or installation of a
      platform jacket.

      (c) Procedures To Maximize Use of Coastwise Qualified Vessels. -
    The Secretary of Transportation shall adopt procedures implementing
    this section that are reasonably designed to provide timely
    information so as to maximize the use of coastwise qualified
    vessels. The procedures shall, among other things, establish that
    for purposes of this section, a coastwise qualified vessel shall be
    deemed to be not available only if - 
        (1) on application by an owner or operator for the use of a non-
      coastwise qualified launch barge for transportation of a
      platform jacket under this section (which application shall
      include all relevant information, including engineering details
      and timing requirements), the Secretary promptly publishes a
      notice in the Federal Register - 
          (A) describing the project and the platform jacket involved;
          (B) advising that all relevant information reasonably needed
        to assess the transportation requirements for the platform
        jacket will be made available to interested parties on request;
        and
          (C) requesting that information on the availability of
        coastwise qualified vessels be submitted within 30 days after
        publication of that notice; and

        (2)(A) no information is submitted to the Secretary within that
      30 day period; or
        (B) the owner or operator of a coastwise qualified vessel
      submits information to the Secretary asserting that the owner or
      operator has a suitable coastwise qualified vessel available for
      the transportation, but the Secretary determines, within 90 days
      after the notice is first published, that the coastwise qualified
      vessel is not suitable or reasonably available for the
      transportation.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1636.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55108          46 App.:883 (last       June 5, 1920, ch. 250, Sec.  
                    proviso).               27 (last proviso), 41 Stat. 
                                            999; July 2, 1935, ch. 355, 
                                            49 Stat. 442; Pub. L.       
                                            101-329 [100-329], Sec.     
                                            1(a)(2), June 7, 1988, 102  
                                            Stat. 588; Pub. L. 107-295, 
                                            title II, Sec. 213(c), Nov. 
                                            25, 2002, 116 Stat. 2100;   
                                            Pub. L. 108-293, title IV,  
                                            Sec. 417, Aug. 9, 2004, 118 
                                            Stat. 1048.                 
    --------------------------------------------------------------------

      In subsection (a), the words "coastwise endorsement under chapter
    121" are substituted for "coastwise endorsement under section
    12106" because section 12106 is being restated in various sections
    in revised chapter 121.
      In subsection (b), the words "Section 55102 of this title does
    not apply" are substituted for "shall not be deemed transportation
    subject to this section" for consistency in the chapter.

-End-



-CITE-
    46 USC Sec. 55109                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55109. Dredging

-STATUTE-
      (a) In General. - Except as provided in subsection (b), a vessel
    may engage in dredging in the navigable waters of the United States
    only if - 
        (1) the vessel is wholly owned by citizens of the United States
      for purposes of engaging in the coastwise trade;
        (2) the charterer, if any, is a citizen of the United States
      for purposes of engaging in the coastwise trade; and
        (3) the vessel has been issued a certificate of documentation
      with a coastwise endorsement under chapter 121 of this title or
      is exempt from documentation but would otherwise be eligible for
      such a certificate and endorsement.

      (b) Dredging of Gold in Alaska. - A documented vessel with a
    registry endorsement may engage in the dredging of gold in Alaska.
      (c) Penalty. - If a vessel is operated in knowing violation of
    this section, the vessel and its equipment are liable to seizure by
    and forfeiture to the United States Government.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1637.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55109          46 App.:292.            May 28, 1906, ch. 2566, Sec. 
                                            1, 34 Stat. 204; Pub. L.    
                                            102-87, title V, Sec.       
                                            5501(a)(1), Nov. 4, 1992,   
                                            106 Stat. 5084.             
    --------------------------------------------------------------------

      Subsection (a)(1) is substituted for "(1) the vessel meets the
    requirements of section 883 of this Appendix and sections 802 and
    803 of this Appendix for engaging in the coastwise trade" for
    consistency with other sections of the revised title and to
    eliminate unnecessary words. Section 883 requires (among other
    things) that the vessel be owned by citizens of the United States,
    and section 802 contains the requirements for certain entities to
    qualify as citizens. Those requirements are restated in section
    50501 which applies to this section. Section 883 also requires that
    the vessel be built in and documented under the laws of the United
    States. Those latter two requirements are covered by subsection
    (a)(3). Note that the build requirement is a requirement for a
    coastwise endorsement.
      In subsection (a)(3), the words "or is exempt from documentation
    but would otherwise be eligible for such a certificate and
    endorsement" are added for consistency with section 12102 as
    revised by the bill.

                    NONAPPLICABILITY TO CERTAIN VESSELS                
      Pub. L. 109-304, Sec. 19, Oct. 6, 2006, 120 Stat. 1711, repealed
    section 1 of act May 28, 1906, ch. 2566, 34 Stat. 204 (section 292
    of the former Appendix to this title, from which this section was
    derived), except as may be applicable under section 5501(a)(2) of
    Pub. L. 102-587, set out below.
      Pub. L. 102-587, title V, Sec. 5501(a)(2), (3), Nov. 4, 1992, 106
    Stat. 5084, as amended by Pub. L. 109-304, Sec. 17(i), Oct. 6,
    2006, 120 Stat. 1709, provided that:
      "(2) The amendment made by paragraph (1) [amending section 292 of
    the former Appendix to this title, from which this section was
    derived] does not apply to - 
        "(A)(i) the vessel STUYVESANT, official number 648540;
        "(ii) any other hopper dredging vessel documented under chapter
      121 of title 46, United States Code before the effective date of
      this Act [Nov. 4, 1992] and chartered to Stuyvesant Dredging
      Company or to an entity in which it has an ownership interest;
      however, this exception expires on December 3, 2022 or when the
      vessel STUYVESANT ceases to be documented under chapter 121,
      whichever first occurs; and
        "(iii) any other non-hopper dredging vessel documented under
      chapter 121 and chartered to Stuyvesant Dredging Company or to an
      entity in which it has an ownership interest, as is necessary (a)
      to fulfill dredging obligations under a specific contract,
      including any extension periods; or (b) as temporary replacement
      capacity for a vessel which has become disabled but only for so
      long as the disability shall last and until the vessel is in a
      position to fully resume dredging operations; however, this
      exception expires on December 8, 2022 or when the vessel
      STUYVESANT ceases to be documented under chapter 121, whichever
      first occurs;
        "(B) the vessel COLUMBUS, official number 590658, except that
      the vessel's certificate of documentation shall be endorsed to
      prohibit the vessel from engaging in the transportation of
      merchandise (except valueless material), including dredge
      material of value, between places within the navigable waters of
      the United States;
        "(C) a vessel that is engaged in dredged material excavation if
      that excavation is not more than a minority of the total cost of
      the construction contract in which the excavation is a single,
      integral part, and the vessel is - 
          "(i) built in the United States;
          "(ii) a non-self-propelled mechanical clamshell dredging
        vessel; and
          "(iii) owned or chartered by a corporation that had on file
        with the Secretary of Transportation, on August 1, 1989, the
        certificate specified in section 27A of the Merchant Marine
        Act, 1920 (46 App. U.S.C. 883-1) [now 46 U.S.C. 12118]; or
        "(D) any other documented vessel engaged in dredging and time
      chartered to an entity that, on August 1, 1989, was, and has
      continuously remained, the parent of a corporation that had on
      file with the Secretary of Transportation on August 1, 1989, a
      certificate specified in section 27A of the Merchant Marine Act,
      1920 (46 App. U.S.C. 883-1) [now 46 U.S.C. 12118] if the vessel
      is - 
          "(i) not engaged in a federally funded navigation dredging
        project; and
          "(ii) engaged only in dredging associated with, and integral
        to, accomplishment of that parent's regular business
        requirements.
      "(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 [section 292
    of the former Appendix to this title, from which this section was
    derived], as amended by paragraph (1)."

                       HISTORICAL AND REVISION NOTES                   
      [H.R. Rep. No. 109-170, at 180 (2005) provided: Section 17(i) of
    the bill [H.R. 1442, enacted as Pub. L. 109-304] amends section
    5501(a) of the Oceans Act of 1992 (Public Law 102-587, 106 Stat.
    5084) [see note above] by adding a new paragraph (3). The intent of
    this amendment is to maintain the status quo under paragraph (2) of
    section 5501(a) of that Act, as it exists prior to the enactment of
    this codification legislation. Section 55109 of title 46, United
    States Code, as contained in this bill, is intended as a
    codification without substantive change of section 1 of the Act of
    May 28, 1906, as amended (46 App. U.S.C. 292). Therefore, the
    exceptions from that latter provision, which currently exist under
    such paragraph (2), are intended to continue to exist to the same
    extent under new section 55109 of title 46. In addition, if the
    original intent of such paragraph (2) was that the restriction
    contained in the pre-1992 amended version of that 1906 provision
    continues to apply to the vessels, persons, and entities described
    in such paragraph (2), then that outcome is intended to remain
    unchanged by this legislation, despite the repeal by this
    legislation of that 1906 provision. No expression as to the
    original intent of such paragraph (2) is intended by this
    legislation.]

-End-



-CITE-
    46 USC Sec. 55110                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55110. Transportation of dredged material

-STATUTE-
      Section 55102 of this title applies to the transportation of
    valueless material or dredged material, regardless of whether it
    has commercial value, from a point in the United States or on the
    high seas within the exclusive economic zone, to another point in
    the United States or on the high seas within the exclusive economic
    zone.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1637.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55110          46 App.:883 (12th       June 5, 1920, ch. 250, Sec.  
                    proviso).               27 (12th proviso), 41 Stat. 
                                            999; Pub. L. 100-329, Sec.  
                                            1(a), June 7, 1988, 102     
                                            Stat. 588.                  
    --------------------------------------------------------------------

      The words "or place" are omitted as surplus. The words "as
    defined in the Presidential Proclamation of March 10, 1983" are
    omitted because "exclusive economic zone" is defined in chapter 1
    of the revised title.

          NONAPPLICABILITY OF PUB. L. 100-329 TO CERTAIN VESSELS      
      Pub. L. 102-587, title V, Sec. 5501(c), Nov. 4, 1992, 106 Stat.
    5085, provided that: "The Act of June 7, 1988 (Public Law 100-329;
    102 Stat. 588) [amending sections 316 and 883 (from which this
    section was derived) of the former Appendix to this title and
    enacting provisions set out below], including the amendments made
    by that Act, does not apply to a vessel - 
        "(1) engaged in the transportation of valueless material or
      valueless dredged material; and
        "(2) owned or chartered by a corporation that had on file with
      the Secretary of Transportation on August 1, 1989, the
      certificate specified in section 27A of the Merchant Marine Act,
      1920 (46 App. U.S.C. 883-1) [now 46 U.S.C. 12118]."

                 TRANSPORTATION OF MUNICIPAL SEWAGE SLUDGE             
      Pub. L. 100-329, Sec. 3, June 7, 1988, 102 Stat. 589, provided
    that: "Notwithstanding the provisions of section 1 of this Act
    [amending section 883 of the former Appendix to this title, from
    which this section was derived], a vessel may transport municipal
    sewage sludge if that vessel, regardless of where it was built, is
    documented under the laws of the United States and, on the date of
    enactment of this Act [June 7, 1988], that vessel - 
        "(1) is in use by a municipality for the transportation of
      sewage sludge; or
        "(2) is under contract with a municipality for the
      transportation of sewage sludge."

       VESSEL UNDER CONTRACT WITH MUNICIPALITY FOR TRANSPORTATION OF
                SEWAGE SLUDGE: APPLICABILITY OF PROVISIONS
      Pub. L. 100-329, Sec. 4, June 7, 1988, 102 Stat. 589, provided
    that: "For purposes of the first paragraph of section 805(a) of the
    Merchant Marine Act, 1936 (46 App. U.S.C. 1223(a)) [now 46 U.S.C.
    58101], a vessel described in section 3(2) of this Act [set out as
    a note above] is not a vessel engaged in domestic intercoastal or
    coastwise service, but the prohibitions in the second paragraph
    apply to that vessel."

       CERTIFICATE OF DOCUMENTATION TO VESSEL TRANSPORTING VALUELESS
    MATERIAL IN COASTWISE TRADE, OR DREDGED MATERIAL, WHETHER OR NOT OF
                    VALUE; ISSUANCE, ENDORSEMENT, ETC.
      Pub. L. 100-329, Sec. 5, June 7, 1988, 102 Stat. 589, provided
    that: "Notwithstanding the provisions of section 1 of this Act
    [amending section 883 of the former Appendix to this title, from
    which this section was derived], the Secretary of the department in
    which the Coast Guard is operating may issue a certificate of
    documentation under section 12106 [see section 12112] of title 46,
    United States Code, to a vessel that - 
        "(1) is engaged in transporting only valueless material in the
      coastwise trade or transporting dredged material, whether or not
      of value, (A) from a point or place on the high seas within the
      Exclusive Economic Zone as defined in the Presidential
      Proclamation of March 10, 1983 [16 U.S.C. 1453 note], to a point
      or place in the United States or to another point or place on the
      high seas within such Exclusive Economic Zone or (B) from a point
      or place within the United States to a point or place on the high
      seas within such Exclusive Economic Zone;
        "(2) had a certificate of documentation issued under section
      12105 [see section 12111] of that title on October 1, 1987;
        "(3) had been sold foreign or placed under a foreign registry
      before that certificate was issued; and
        "(4) was built in the United States;
    except that such certificate of documentation shall be endorsed to
    restrict the use of such vessel to the transportation of valueless
    material in the coastwise trade, and to the transportation of
    dredged material, whether or not of value, (i) from a point or
    place on the high seas within such Exclusive Economic Zone to a
    point or place in the United States or to another point or place on
    the high seas within such Exclusive Economic Zone, or (ii) from a
    point or place within the United States to a point or place on the
    high seas within such Exclusive Economic Zone."

-End-



-CITE-
    46 USC Sec. 55111                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55111. Towing

-STATUTE-
      (a) In General. - Except when towing a vessel in distress, a
    vessel may not do any part of any towing described in subsection
    (b) unless the towing vessel - 
        (1) is wholly owned by citizens of the United States for
      purposes of engaging in the coastwise trade; and
        (2) has been issued a certificate of documentation with a
      coastwise endorsement under chapter 121 of this title or is
      exempt from documentation but would otherwise be eligible for
      such a certificate and endorsement.

      (b) Applicable Towing. - Subsection (a) applies to the towing of -
     
        (1) a vessel between ports or places in the United States to
      which the coastwise laws apply, either directly or via a foreign
      port or place;
        (2) a vessel from point to point within the harbors of ports or
      places to which the coastwise laws apply; or
        (3) a vessel transporting valueless material or dredged
      material, regardless of whether it has commercial value, from a
      point in the United States or on the high seas within the
      exclusive economic zone, to another point in the United States or
      on the high seas within the exclusive economic zone.

      (c) Penalties. - 
        (1) Owner and master. - The owner and master of a vessel towing
      another vessel in violation of this section are each liable for a
      penalty of at least $350 but not more than $1,100. A penalty
      under this paragraph constitutes a lien on the vessel. The lien
      is enforceable in a district court of the United States for any
      district in which the vessel is found. Clearance may not be
      granted to the vessel until the penalties have been paid.
        (2) Vessel. - In addition to the penalties under paragraph (1),
      the towing vessel is liable for a penalty of $60 per ton based on
      the tonnage of each towed vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1637.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55111          46 App.:316(a), (b).    R.S. Sec. 4370; June 11,     
                                            1940, ch. 324, 54 Stat. 304;
                                            Pub. L. 99-307, Sec. 10, May
                                            19, 1986, 100 Stat. 447;    
                                            Pub. L. 100-329, Sec. 2,    
                                            June 7, 1988, 102 Stat. 589;
                                            Pub. L. 104-324, title XI,  
                                            Sec. 1115(b)(3), Oct. 19,   
                                            1996, 110 Stat. 3972.       
    --------------------------------------------------------------------

      In subsection (a), the words "or to do any part of such towing"
    and "other than a vessel in distress" in the source provision are
    made applicable to all the towing described in subsection (b) for
    clarity and consistency. In paragraph (1), the words "wholly owned
    by citizens of the United States for purposes of engaging in the
    coastwise trade" are substituted for "wholly owned by a person who
    is a citizen of the United States within the meaning of the laws
    respecting the documentation of vessels" for consistency in this
    chapter.
      Subsection (a)(2) is substituted for "having in force a
    certificate of documentation issued under section 12106 of title
    46" for consistency in this chapter and with section 12102(b) as
    revised by the bill.
      In subsection (b)(1), the words "in the United States to which
    the coastwise laws apply" are substituted for "in the United
    States, its Territories or possessions, embraced within the
    coastwise laws of the United States" because of the definition of
    "United States" in chapter 1 of the revised title and because of
    section 55101 of the revised title.
      In subsection (b)(3), the words "or place" are omitted as
    surplus. The words "as defined in the Presidential Proclamation of
    March 10, 1983" are omitted because "exclusive economic zone" is
    defined in chapter 1 of the revised title.
      In subsection (c), the penalty amounts reflect the adjustment for
    inflation pursuant to the Federal Civil Penalties Inflation
    Adjustment Act of 1990 (28 U.S.C. 2461 note). See 19 C.F.R. Sec.
    4.92 (2004). In paragraph (2), the words "which sum may be
    recovered by way of libel or suit" are omitted as surplus.
      The text of 46 App. U.S.C. 316(b) is omitted as unnecessary
    because of the definition of "person" in section 1 of title 1.

           NONAPPLICABILITY OF PUB. L. 100-329 TO CERTAIN VESSEL       
      Amendment by Pub. L. 100-329 to section 316 of the former
    Appendix to this title, from which this section was derived, not
    applicable to a vessel engaged in the transportation of valueless
    material or valueless dredged material and owned or chartered by a
    corporation that had on file with Secretary of Transportation on
    Aug. 1, 1989, the certificate specified in section 883-1 of the
    former Appendix to this title (now section 12118 of this title),
    see section 5501(c) of Pub. L. 102-587, set out as a note under
    section 55110 of this title.

-End-



-CITE-
    46 USC Sec. 55112                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55112. Vessel escort operations and towing assistance

-STATUTE-
      (a) In General. - Except in the case of a vessel in distress,
    only a vessel of the United States may perform the following escort
    vessel operations within the navigable waters of the United States:
        (1) Operations that commence or terminate at a port or place in
      the United States.
        (2) Operations required by United States law or regulation.
        (3) Operations provided in whole or in part within or through
      navigation facilities owned, maintained, or operated by the
      United States Government or the approaches to those facilities,
      other than facilities operated by the St. Lawrence Seaway
      Development Corporation on the St. Lawrence River portion of the
      Seaway.

      (b) Escort Vessels. - For purposes of this section, an escort
    vessel is - 
        (1) any vessel that is assigned and dedicated to assist another
      vessel, whether or not tethered to that vessel, solely as a
      safety precaution to assist in controlling the speed or course of
      the assisted vessel in the event of a steering or propulsion
      equipment failure, or any other similar emergency circumstance,
      or in restricted waters where additional assistance in
      maneuvering the vessel is required to ensure its safe operation;
      and
        (2) in the case of a vessel being towed under section 55111 of
      this title, any vessel that is assigned and dedicated to the
      vessel being towed in addition to any towing vessel required
      under that section.

      (c) Relationship to Other Law. - This section does not affect
    section 55111 of this title.
      (d) Penalty. - A person violating this section is liable to the
    Government for a civil penalty of not more than $10,000 for each
    day during which the violation occurs.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1638.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55112          46 App.:316a.           Pub. L. 107-295, title IV,   
                                            Sec. 404, Nov. 25, 2002, 116
                                            Stat. 2114.                 
    --------------------------------------------------------------------

      In subsection (a), the words "(as that term is defined in section
    2101 of title 46, United States Code)" are omitted because the
    definition of "vessel of the United States" is being moved from
    section 2101 to chapter 1 of the revised title and will apply title-
    wide.

-End-



-CITE-
    46 USC Sec. 55113                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55113. Use of foreign documented oil spill response vessels

-STATUTE-
      Notwithstanding any other provision of law, an oil spill response
    vessel documented under the laws of a foreign country may operate
    in waters of the United States on an emergency and temporary basis,
    for the purpose of recovering, transporting, and unloading in a
    United States port oil discharged as a result of an oil spill in or
    near those waters, if - 
        (1) an adequate number and type of oil spill response vessels
      documented under the laws of the United States cannot be engaged
      to recover oil from an oil spill in or near those waters in a
      timely manner, as determined by the Federal On-Scene Coordinator
      for a discharge or threat of a discharge of oil; and
        (2) the foreign country has by its laws accorded to vessels of
      the United States the same privileges accorded to vessels of the
      foreign country under this section.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1638.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55113          46:12101 note.          Pub. L. 104-324, title XI,   
                                            Sec. 1117, Oct. 19, 1996,   
                                            110 Stat. 3973.             
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 55114                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55114. Unloading fish from foreign vessels

-STATUTE-
      (a) Prohibitions. - Except as otherwise provided by this section
    or a treaty or convention to which the United States is a party, a
    foreign vessel may not unload, in a port of the United States - 
        (1) its catch of fish taken on board on the high seas or fish
      products processed from that catch of fish; or
        (2) fish or fish products taken on board that vessel on the
      high seas from a vessel engaged in fishing operations or the
      processing of fish or fish products.

      (b) Regulations on Obtaining Information. - The Secretary of
    Commerce may prescribe regulations the Secretary considers
    necessary to obtain information on the transportation of fish
    products by vessels of the United States for foreign fish
    processing vessels to points in the United States.
      (c) Virgin Islands. - 
        (1) In general. - A foreign vessel of not more than 50 feet
      overall in length may unload its catch of fresh fish (whole or
      with the heads, viscera, or fins removed, but not frozen,
      otherwise processed, or further advanced) in a port of the Virgin
      Islands for immediate consumption in those islands. Fish unloaded
      under this paragraph may be sold or transferred only for
      immediate consumption. In the absence of satisfactory evidence
      that a sale or transfer to an agent, representative, or employee
      of a freezer or cannery is for immediate consumption, the sale or
      transfer is deemed not to be for immediate consumption. This
      paragraph does not prohibit the freezing, smoking, or other
      processing of fresh fish by the ultimate consumer of the fish.
        (2) Seizure, forfeiture, and penalty. - Fish unloaded in the
      Virgin Islands that are retained, sold, or transferred, except as
      allowed by paragraph (1), are liable to seizure by and forfeiture
      to the United States Government. A person retaining, selling,
      transferring, buying, or receiving the fish is liable to the
      Government for a civil penalty of not more than $1,000 for each
      violation. A penalty or forfeiture under this paragraph may be
      compromised, modified, or remitted under section 2107(b) of this
      title.

      (d) Northern Mariana Islands. - Subsection (a) does not apply to
    the Northern Mariana Islands.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1639.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55114(a)       46 App.:251(a) (1st     R.S. Sec. 4311; Sept. 2,     
                    sentence).              1950, ch. 842, 64 Stat. 577;
                                            Pub. L. 87-220, Sec. 1,     
                                            Sept. 13, 1961, 75 Stat.    
                                            493; Pub. L. 96-61, Sec. 2, 
                                            Aug. 15, 1979, 93 Stat. 407;
                                            Pub. L. 96-594, title I,    
                                            Sec. 126(b), Dec. 24, 1980, 
                                            94 Stat. 3459; Pub. L.      
                                            100-239, Sec. 8(a), Jan. 11,
                                            1988, 101 Stat. 1783.       
    55114(b)       46 App.:251(a)                                       
                    (last sentence).                                    
    55114(c)(1)    46 App.:251(b).                                      
    55114(c)(2)    46 App.:251(c).                                      
                   46 App.:251a.           Pub. L. 87-220, Sec. 2,      
                                            Sept. 13, 1961, 75 Stat. 493.
    55114(d)       48:1801 note                                         
                    (Covenant Sec.                                      
                    503(b)).                                            
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the words "whether
    documented as a cargo vessel or otherwise" are omitted as
    unnecessary.
      In subsection (c)(2), the words "severally" and "in addition to
    any other penalty provided in law" are omitted as unnecessary. The
    last sentence is substituted for 46 App. U.S.C. 251a.
      Subsection (d) is based on section 503(b) of the Covenant to
    Establish a Commonwealth of the Northern Mariana Islands in
    Political Union With the United States of America (48 U.S.C. 1801
    note).

-End-



-CITE-
    46 USC Sec. 55115                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55115. Supplies on fish processing vessels

-STATUTE-
      Section 55102 of this title does not apply to supplies aboard a
    United States documented fish processing vessel that are necessary
    and used for processing or assembling fishery products aboard such
    a vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1640.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55115          46 App.:883 (10th       June 5, 1920, ch. 250, Sec.  
                    proviso).               27 (10th proviso), 41 Stat. 
                                            999; July 2, 1935, ch. 355, 
                                            49 Stat. 442; Pub. L.       
                                            97-389, title V, Sec. 504,  
                                            Dec. 29, 1982, 96 Stat. 1956.
    --------------------------------------------------------------------

      The words "Section 55102 of this title does not apply to" are
    substituted for "for the purposes of this section" and "shall be
    considered ship's equipment and not merchandise" for consistency in
    the chapter.

-End-



-CITE-
    46 USC Sec. 55116                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55116. Canadian rail lines

-STATUTE-
      Section 55102 of this title does not apply to the transportation
    of merchandise between points in the continental United States,
    including Alaska, over through routes in part over Canadian rail
    lines and connecting water facilities if the routes are recognized
    by the Surface Transportation Board and rate tariffs for the routes
    have been filed with the Board.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1640.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55116          46 App.:883 (3d         June 5, 1920, ch. 250, Sec.  
                    proviso).               27 (3d proviso), 41 Stat.   
                                            999; July 2, 1935, ch. 355, 
                                            49 Stat. 442; Pub. L.       
                                            85-508, Sec. 27(a), July 7, 
                                            1958, 72 Stat. 351; Pub. L. 
                                            104-324, title VII, Sec.    
                                            747(1), Oct. 19, 1996, 110  
                                            Stat. 3943.                 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 55117                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55117. Great Lakes rail route

-STATUTE-
      Section 55102 of this title does not apply to the transportation
    of merchandise loaded on a railroad car or to a motor vehicle with
    or without a trailer, and with its passengers or contents when
    accompanied by the operator, when the railroad car or motor vehicle
    is transported in a railroad car ferry operated between fixed
    terminals on the Great Lakes as part of a rail route, if - 
        (1) the car ferry is owned by a common carrier by water and
      operated as part of a rail route with the approval of the Surface
      Transportation Board;
        (2) the stock of the common carrier by water, or its
      predecessor, was owned or controlled by a common carrier by rail
      prior to June 5, 1920;
        (3) the stock of the common carrier owning the car ferry is,
      with the approval of the Board, now owned or controlled by a
      common carrier by rail; and
        (4) the car ferry is built in and documented under the laws of
      the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1640.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55117          46 App.:883 (5th        June 5, 1920, ch. 250, Sec.  
                    proviso).               27, as added Apr. 11, 1935, 
                                            ch. 58, 49 Stat. 154.       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 55118                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55118. Foreign railroads whose road enters by ferry, tugboat,
      or towboat

-STATUTE-
      A foreign railroad, whose road enters the United States by ferry,
    tugboat, or towboat, may own and operate a vessel not having a
    coastwise endorsement in connection with the water transportation
    of the passenger, freight, express, baggage, and mail cars used by
    that road, together with the passengers, freight, express matter,
    baggage, and mails transported in those cars. However, the foreign
    railroad is subject to the same restrictions imposed by law on a
    vessel of the United States entering a port of the United States
    from the same foreign country. Except as otherwise authorized by
    this chapter, the ferry, tugboat, or towboat may not, under penalty
    of forfeiture, be used in the transportation of merchandise between
    ports or places in the United States to which the coastwise laws
    apply.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1640.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55118          46 App.:316(c).         R.S. Sec. 4370(c); restated  
                                            June 11, 1940, ch. 324, 54  
                                            Stat. 304.                  
    --------------------------------------------------------------------

      The words "company or corporation" after "foreign railroad" are
    omitted as unnecessary. The words "vessel not having a coastwise
    endorsement" are substituted for "such vessel" (referring to a
    vessel described in 46 App. U.S.C. 316(a)) for clarity and because
    of the reorganization of the source material in the revised title.
    The words "However, the foreign railroad is subject to the same
    restrictions imposed by law on a vessel of the United States
    entering a port of the United States from the same foreign country"
    are substituted for "without being subject to any other or
    different restrictions than those imposed by law on any vessel of
    the United States entering ports of the United States from ports in
    the same foreign country" to eliminate unnecessary words. The words
    "Except as otherwise authorized by this chapter" are substituted
    for "except as authorized by section 883 of this Appendix" because
    of the reorganization of the source material in the revised title.
    The words "its Territories or possessions" are omitted as
    unnecessary because of the definition of "United States" in chapter
    1 of the revised title.

-End-



-CITE-
    46 USC Sec. 55119                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55119. Yukon River

-STATUTE-
      Section 55102 of this title does not apply to the transportation
    of merchandise on the Yukon River until the Alaska Railroad is
    completed and the Secretary of Transportation finds that proper
    facilities will be available for transportation by citizens of the
    United States to properly handle the traffic.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1640.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55119          46 App.:883 (4th        June 5, 1920, ch. 250, Sec.  
                    proviso).               27 (4th proviso), 41 Stat.  
                                            999; Exec. Order No. 6166,  
                                            June 10, 1933, Sec. 12; July
                                            2, 1935, ch. 355, 49 Stat.  
                                            442; June 29, 1936, ch. 858,
                                            title II, Sec. 204, title   
                                            IX, Sec. 904, 49 Stat. 1987,
                                            2016; Reorg. Plan No. 21 of 
                                            1950, eff. May 24, 1950,    
                                            Sec. 204, 64 Stat. 1276;    
                                            Pub. L. 97-31, Sec. 12(49), 
                                            Aug. 6, 1981, 95 Stat. 157. 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 55120                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55120. Transshipment of imported merchandise intended for
      immediate exportation

-STATUTE-
      The Secretary of Homeland Security may prescribe regulations for
    the transshipment and transportation of merchandise that is
    imported into the United States by sea for immediate exportation to
    a foreign port by sea, or by a river, the right to ascend or
    descend which for the purposes of commerce is secured by treaty to
    the citizens of the United States and the subjects of a foreign
    power.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1641.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55120          46 App.:291.            Feb. 17, 1898, ch. 26, Sec.  
                                            3, 30 Stat. 248.            
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 55121                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 551 - COASTWISE TRADE

-HEAD-
    Sec. 55121. Transportation of merchandise and passengers on
      Canadian vessels

-STATUTE-
      (a) Between Rochester and Alexandria Bay. - Until passenger
    service is established by vessels of the United States between the
    port of Rochester, New York, and the port of Alexandria Bay, New
    York, the Secretary of Homeland Security may issue annually permits
    to Canadian passenger vessels to transport passengers between those
    ports. Canadian vessels holding such a permit are not subject to
    section 55103 of this title.
      (b) Within Alaska or Between Alaska and Other Points in the
    United States. - Until the Secretary of Transportation determines
    that service by vessels of the United States is available to
    provide the transportation described in paragraph (1) or (2),
    sections 55102 and 55103 of this title do not apply to the
    transportation on Canadian vessels of - 
        (1) passengers between ports in southeastern Alaska; or
        (2) passengers or merchandise between Hyder, Alaska, and other
      points in southeastern Alaska or in the United States outside
      Alaska.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1641.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55121(a)       46 App.:289a.           Apr. 26, 1938, ch. 174, 52   
                                            Stat. 223; 1946 Reorg. Plan 
                                            No. 3, Secs. 101-104, eff.  
                                            July 16, 1946, 11 F.R. 7875,
                                            60 Stat. 1097.              
    55121(b)       46 App.:289b.           Pub. L. 87-77, June 30,      
                                            1961, 75 Stat. 196; Pub. L. 
                                            97-31, Sec. 12(22), Aug. 6, 
                                            1981, 95 Stat. 155.         
    --------------------------------------------------------------------

      In subsection (a), the Secretary of Homeland Security is
    substituted for the Commissioner of Customs because the functions
    of the Customs Service and of the Secretary of the Treasury
    relating thereto were transferred to the Secretary of Homeland
    Security by section 403(1) of the Homeland Security Act of 2002
    (Pub. L. 107-296, 116 Stat. 2178). The functions of the
    Commissioner of Customs previously were vested in the Secretary of
    the Treasury under section 321(c) of title 31. For prior related
    transfers of functions, see the transfer of functions note under 46
    App. U.S.C. 289a.

-End-


-CITE-
    46 USC CHAPTER 553 - PASSENGER AND CARGO PREFERENCES        01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES

-HEAD-
               CHAPTER 553 - PASSENGER AND CARGO PREFERENCES           


-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    55301.      Priority loading for coal.                            
    55302.      Transportation of United States Government personnel. 
    55303.      Motor vehicles owned by United States Government
                 personnel.                                           
    55304.      Exports financed by the United States Government.     
    55305.      Cargoes procured, furnished, or financed by the United
                 States Government.                                   

     SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES 
    55311.      Findings and purposes.                                
    55312.      Determining prevailing world market price.            
    55313.      Exemption of certain agricultural exports from cargo
                 preference provisions.                               
    55314.      Transportation requirements for certain exports
                 sponsored by the Secretary of Agriculture.           
    55315.      Minimum tonnage.                                      
    55316.      Financing the transportation of agricultural
                 commodities.                                         
    55317.      Termination of subchapter.                            
    55318.      Effect on other law.                                  

               SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS           
    55331.      Definitions.                                          
    55332.      Designating American Great Lakes vessels.             
    55333.      Exemption from restriction on transporting certain
                 cargo.                                               
    55334.      Restrictions on operations.                           
    55335.      Revocations and terminations of designations.         
    55336.      Civil penalty.                                        

-End-


-CITE-
    46 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-



-CITE-
    46 USC Sec. 55301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 55301. Priority loading for coal

-STATUTE-
      A vessel engaged in the coastwise transportation of coal produced
    in the United States, from a port in the United States to another
    port in the United States, shall be given priority in loading at
    any of those ports ahead of a waiting vessel engaged in the export
    transportation of coal produced in the United States. However, if
    the Secretary of Transportation finds that it is in the national
    interest, the Secretary may eliminate this priority loading at any
    port. The Secretary shall report to Congress within 30 days an
    action eliminating priority loading under this section.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1642.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55301          46 App.:1121-1.         Pub. L. 96-387, Sec. 5, Oct. 
                                            7, 1980, 94 Stat. 1546; Pub.
                                            L. 97-31, Sec. 12(68), Aug. 
                                            6, 1981, 95 Stat. 159; Pub. 
                                            L. 99-662, title IX, Sec.   
                                            947, Nov. 17, 1986, 100     
                                            Stat. 4200.                 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 55302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 55302. Transportation of United States Government personnel

-STATUTE-
      (a) In General. - An officer or employee of the United States
    Government traveling by sea on official business overseas or to or
    from a territory or possession of the United States shall travel
    and transport personal effects on a vessel documented under the
    laws of the United Sates if such a vessel is available, unless the
    necessity of the mission requires the use of a foreign vessel.
      (b) Regulations. - The Administrator of General Services shall
    prescribe regulations under which agencies may not pay for or
    reimburse an officer or employee for travel or transportation
    expenses incurred on a foreign vessel in the absence of
    satisfactory proof of the necessity of using the vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1642.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55302          46 App.:1241(a).        June 29, 1936, ch. 858,      
                                            title IX, Sec. 901(a), 49   
                                            Stat. 2015; Aug. 26, 1954,  
                                            ch. 936, 68 Stat. 832; Pub. 
                                            L. 104-316, title I, Sec.   
                                            125, Oct. 19, 1996, 110     
                                            Stat. 3839.                 
    --------------------------------------------------------------------

      In subsection (a), the words "by sea" are added for clarity. The
    words "a territory or possession of the United States" are
    substituted for "any of the possessions of the United States" for
    consistency in the revised title.

                                EXEMPTIONS                            
      Functions authorized by Foreign Assistance Act of 1961, as
    amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30
    F.R. 6635, set out under section 2393 of Title 22, Foreign
    Relations and Intercourse.

-End-



-CITE-
    46 USC Sec. 55303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 55303. Motor vehicles owned by United States Government
      personnel

-STATUTE-
      Notwithstanding any other law, privately-owned American shipping
    services may be used to transport motor vehicles owned by personnel
    of the United States Government whenever transportation of those
    vehicles at Government expense is otherwise authorized by law.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1642.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55303          46 App.:1241(c).        June 29, 1936, ch. 858,      
                                            title IX, Sec. 901(c), as   
                                            added May 28, 1956, ch. 325,
                                            70 Stat. 187.               
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 55304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 55304. Exports financed by the United States Government

-STATUTE-
      It is the sense of Congress that any loans made by an
    instrumentality of the United States Government to foster the
    exporting of agricultural or other products shall provide that the
    products may be transported only on vessels of the United States
    unless, as to any or all of those products, the Secretary of
    Transportation, after investigation, certifies to the
    instrumentality that vessels of the United States are not available
    in sufficient number, in sufficient tonnage capacity, on necessary
    schedules, or at reasonable rates.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1642.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55304          46 App.:1241-1.         Mar. 26, 1934, ch. 90, 48    
                                            Stat. 500; June 29, 1936,   
                                            ch. 858, Sec. 204, 49 Stat. 
                                            1987; Pub. L. 97-31, Sec.   
                                            12(127), Aug. 6, 1981, 95   
                                            Stat. 165.                  
    --------------------------------------------------------------------

      This section codifies the Joint Resolution of March 26, 1934 (ch.
    90, 48 Stat. 500) (also commonly known as Public Resolution 17).
    The codification of this provision is not intended to change its
    status as a "Sense of Congress" provision in any way. The words
    "Reconstruction Finance Corporation or" are omitted as obsolete
    because the Reconstruction Finance Corporation was abolished by
    section 6 of Reorganization Plan No. 1 of 1957 (5 App. U.S.C.).

-End-



-CITE-
    46 USC Sec. 55305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 55305. Cargoes procured, furnished, or financed by the United
      States Government

-STATUTE-
      (a) Definition. - In this section, the term "privately-owned
    commercial vessel of the United States" does not include a vessel
    that, after September 21, 1961, was built or rebuilt outside the
    United States or documented under the laws of a foreign country,
    until the vessel has been documented under the laws of the United
    States for at least 3 years.
      (b) Minimum Tonnage. - When the United States Government
    procures, contracts for, or otherwise obtains for its own account,
    or furnishes to or for the account of a foreign country without
    provision for reimbursement, any equipment, materials, or
    commodities, within or without the United States, or advances funds
    or credits, or guarantees the convertibility of foreign currencies
    in connection with the furnishing of the equipment, materials, or
    commodities, the appropriate agencies shall take steps necessary
    and practicable to ensure that at least 50 percent of the gross
    tonnage of the equipment, materials, or commodities (computed
    separately for dry bulk carriers, dry cargo liners, and tankers)
    which may be transported on ocean vessels is transported on
    privately-owned commercial vessels of the United States, to the
    extent those vessels are available at fair and reasonable rates for
    commercial vessels of the United States, in a manner that will
    ensure a fair and reasonable participation of commercial vessels of
    the United States in those cargoes by geographic areas.
      (c) Waivers. - The President, the Secretary of Defense, or
    Congress (by concurrent resolution or otherwise) may waive this
    section temporarily by - 
        (1) declaring the existence of an emergency justifying a
      waiver; and
        (2) notifying the appropriate agencies of the waiver.

      (d) Programs of Other Agencies. - An agency having responsibility
    under this section shall administer its programs with respect to
    this section under regulations prescribed by the Secretary of
    Transportation. The Secretary shall review the administration of
    those programs and report annually to Congress on their
    administration.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1642.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55305(a)       46 App.:1241(b)(1)      June 29, 1936, ch. 858,      
                    (2d, last provisos).     title IX, Sec. 901(b), as   
                                            added Aug. 26, 1954, ch.    
                                            936, 68 Stat. 832; Pub. L.  
                                            87-266, Sept. 21, 1961, 75  
                                            Stat. 565; Pub. L. 91-469,  
                                            Sec. 27, Oct. 21, 1970, 84  
                                            Stat. 1034; Pub. L. 97-31,  
                                            Sec. 12(126), Aug. 6, 1981, 
                                            95 Stat. 165.               
    55305(b)       46 App.:1241(b)(1)                                   
                    (words before 1st                                   
                    proviso).                                           
    55305(c)       46 App.:1241(b)(1)                                   
                    (1st proviso).                                      
    55305(d)       46 App.:1241(b)(2).                                  
    --------------------------------------------------------------------

      In this section, the words "commercial vessels of the United
    States" are substituted for "United States-flag commercial vessels"
    for consistency in the revised title.
      In subsection (a), the words "the provisions of this subsection
    shall not apply to cargoes carried in the vessels of the Panama
    Canal Company" are omitted as obsolete. The words "Nothing herein
    shall repeal or otherwise modify the provisions of section 1241-1
    of this Appendix" are omitted as unnecessary. The last proviso in
    46 App. U.S.C. 1241(b)(1) is omitted as obsolete.

-End-


-CITE-
    46 USC SUBCHAPTER II - EXPORT TRANSPORTATION OF
           AGRICULTURAL COMMODITIES                        01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES

-HEAD-
     SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES 

-End-



-CITE-
    46 USC Sec. 55311                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES

-HEAD-
    Sec. 55311. Findings and purposes

-STATUTE-
      (a) Findings. - Congress finds that - 
        (1) a productive and healthy agricultural industry and a strong
      and active United States maritime industry are vitally important
      to the economic well-being and security of the United States;
        (2) both industries must compete in international markets
      increasingly dominated by foreign trade barriers and the
      subsidization practices of foreign governments; and
        (3) increased agricultural exports and the use of merchant
      vessels of the United States contribute positively to the United
      States balance of trade and generate employment opportunities in
      the United States.

      (b) Purposes. - The purposes of this subchapter are to - 
        (1) enable the Secretary of Agriculture to plan export programs
      effectively, by clarifying the ocean transportation requirements
      applicable to those programs;
        (2) take immediate and positive steps to promote the growth of
      the cargo-carrying capacity of the United States merchant marine;
        (3) expand international trade in United States agricultural
      commodities and products and develop, maintain, and expand
      markets for United States agricultural exports;
        (4) improve the efficiency of administration of both the
      commodity purchasing and selling activities and the ocean
      transportation activities associated with export programs
      sponsored by the Secretary;
        (5) stimulate and promote the agricultural and maritime
      industries of the United States and encourage cooperative efforts
      by both industries to address their common problems; and
        (6) provide for the appropriate disposition of these findings
      and purposes.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1643.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55311          46 App.:1241d.          Pub. L. 99-198, title XI,    
                                            Sec. 1141, Dec. 23, 1985, 99
                                            Stat. 1490.                 
    --------------------------------------------------------------------

      In subsection (a)(1), the word "security" is substituted for
    "national security objectives" to eliminate unnecessary words.
      In subsection (b), the words "Secretary of Agriculture" in
    paragraph (1) and "Secretary" in paragraph (4) are substituted for
    "Department of Agriculture" because all functions of the Department
    are vested in the Secretary under 7 U.S.C. 2202 and 6911 and
    Reorganization Plan No. 2 of 1953 (5 App. U.S.C.).

-End-



-CITE-
    46 USC Sec. 55312                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES

-HEAD-
    Sec. 55312. Determining prevailing world market price

-STATUTE-
      (a) Agricultural Commodities and Products. - The prevailing world
    market price for agricultural commodities or their products shall
    be determined under this subchapter under procedures prescribed by
    the Secretary of Agriculture. The Secretary shall prescribe the
    procedures by regulation, with notice and opportunity for public
    comment under section 553 of title 5.
      (b) Services and Non-Agricultural Commodities and Products. - If
    a determination of the prevailing world market price of any other
    type of materials, goods, equipment, or service is required to
    determine whether a barter or exchange transaction is subject to
    section 55314(b)(6) or (7) of this title, the determination shall
    be made by the Secretary of Agriculture in consultation with the
    heads of other appropriate agencies.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1644.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55312          46 App.:1241f(e).       June 29, 1936, ch. 858,      
                                            title IX, Sec. 901b(e), as  
                                            added Pub. L. 99-198, title 
                                            XI, Sec. 1142, Dec. 23,     
                                            1985, 99 Stat. 1492.        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 55313                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES

-HEAD-
    Sec. 55313. Exemption of certain agricultural exports from cargo
      preference provisions

-STATUTE-
      Sections 55304 and 55305 of this title do not apply to export
    activities of the Secretary of Agriculture or the Commodity Credit
    Corporation under which - 
        (1) agricultural commodities or their products acquired by the
      Corporation are made available to United States exporters, users,
      processors, or foreign purchasers for the purpose of developing,
      maintaining, or expanding export markets for United States
      agricultural commodities or their products at prevailing world
      market prices;
        (2) payments are made available to United States exporters,
      users, or processors or, except as provided in section 55314 of
      this title, cash grants are made available to foreign purchasers,
      for the purpose described in paragraph (1);
        (3) commercial credit guarantees are blended with direct
      credits from the Corporation to reduce the effective rate of
      interest on export sales of United States agricultural
      commodities or their products;
        (4) credit or credit guarantees for not more than 3 years are
      extended by the Corporation to finance or guarantee export sales
      of United States agricultural commodities or their products; or
        (5) agricultural commodities or their products owned or
      controlled by or under loan from the Corporation are exchanged or
      bartered for materials, goods, equipment, or services at least
      equal in value to the agricultural commodities or their products
      for which they are exchanged or bartered (determined on the basis
      of prevailing world market prices at the time of the exchange or
      barter), but this paragraph does not exempt from the cargo
      preference provisions referred to in section 55314(b) of this
      title any requirement otherwise applicable to the materials,
      goods, equipment, or services imported under the transaction.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1644.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55313          46 App.:1241e.          June 29, 1936, ch. 858,      
                                            title IX, Sec. 901a, as     
                                            added Pub. L. 99-198, title 
                                            XI, Sec. 1142, Dec. 23,     
                                            1985, 99 Stat. 1490.        
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 55314                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES

-HEAD-
    Sec. 55314. Transportation requirements for certain exports
      sponsored by the Secretary of Agriculture

-STATUTE-
      (a) Minimum Tonnage. - 
        (1) In general. - In addition to the requirement under section
      55305 of this title for the transportation of a percentage of
      gross tonnage on commercial vessels of the United States, 25
      percent of the gross tonnage of agricultural commodities or their
      products specified in subsection (b) shall be transported each
      calendar year on commercial vessels of the United States that - 
          (A) are necessary for national security; and
          (B) if more than 25 years old, were rebuilt within the last 5
        years and certified by the Secretary of Transportation as
        having a useful life of at least 5 years after that rebuilding.

        (2) Calendar year. - To provide for effective and equitable
      administration of the cargo preference laws, the calendar year
      for the purpose of compliance with minimum percentage
      requirements is the 12-month period beginning October 1 of each
      year.

      (b) Applicable Export Activity. - This section applies to export
    activity (except inspection or weighing activities, other
    activities carried out for health or safety, or technical
    assistance provided in the handling of commercial transactions) of
    the Secretary of Agriculture or the Commodity Credit Corporation - 
        (1) carried out under the Agricultural Trade Development and
      Assistance Act of 1954 (7 U.S.C. 1691 et seq.);
        (2) carried out under section 416 of the Agricultural Act of
      1949 (7 U.S.C. 1431);
        (3) carried out under the Bill Emerson Humanitarian Trust Act
      (7 U.S.C. 1736f-1);
        (4) under which agricultural commodities or their products are -
       
          (A) donated through foreign governments or private or public
        agencies, including intergovernmental organizations; or
          (B) sold for foreign currencies or for dollars on credit
        terms of more than 10 years;

        (5) under which agricultural commodities or their products are
      made available for emergency food relief at less than prevailing
      world market prices;
        (6) under which a cash grant is made directly or through an
      intermediary to a foreign purchaser to enable the purchaser to
      obtain United States agricultural commodities or their products
      in an amount greater than the difference between the prevailing
      world market price and the United States market price, free along
      side vessel at a United States port; or
        (7) under which agricultural commodities owned or controlled by
      or under loan from the Corporation are exchanged or bartered for
      materials, goods, equipment, or services produced in foreign
      countries, except export activities described in section 55313(5)
      of this title.

      (c) Additional Requirements. - 
        (1) Application of section 55305. - The requirement for
      transportation on vessels of the United States under subsection
      (a) is subject to the same terms and conditions as provided in
      section 55305 of this title.
        (2) Allocation of commodities. - Subject to paragraph (3), in
      carrying out this section and section 55305 of this title, the
      Corporation shall take steps necessary and practicable, and
      consistent with this section and section 55305, without detriment
      to any port range to allocate, on the principle of lowest landed
      cost without regard to the country of registry of the vessel, 25
      percent of the bagged, processed, or fortified commodities
      provided under title II of the Agricultural Trade Development and
      Assistance Act of 1954 (7 U.S.C. 1721 et seq.).
        (3) Calculations. - In carrying out paragraph (2), first there
      shall be calculated the allocation of 100 percent of the quantity
      to be procured on an overall lowest landed cost basis without
      regard to the country of registry of the vessel, and then there
      shall be allocated to the Great Lakes port range any cargoes for
      which it has the lowest landed cost under that calculation. The
      requirements for transportation on vessels of the United States
      under this section and section 55305 of this title do not apply
      to commodities allocated to the Great Lakes port range under
      paragraph (2). Commodities allocated to the Great Lakes port
      range under paragraph (2) may not be reallocated or diverted to
      another port range to meet those requirements to the extent that
      the total tonnage of commodities to which paragraph (2) applies
      that is furnished and transported from the Great Lakes port range
      is less than 25 percent of the total annual tonnage of the
      commodities furnished.
        (4) Awarding contracts. - In awarding a contract for the
      transportation by vessel of commodities from the Great Lakes port
      range pursuant to an export activity referred to in subsection
      (b), an agency - 
          (A) shall consider expressions of freight interest for any
        vessel from a vessel operator who meets reasonable requirements
        for financial and operational integrity; and
          (B) may not deny award of the contract to a person based on
        the type of vessel on which the transportation would be
        provided (including on the basis that the transportation would
        not be provided on a liner vessel, as that term is used in the
        Shipping Act of 1984, as in effect on November 14, 1995), if
        the person otherwise satisfies reasonable requirements for
        financial and operational integrity.

        (5) Nonavailability of vessels. - A determination of
      nonavailability of vessels of the United States resulting from
      the application of this subsection may not reduce the gross
      tonnage of commodities required by this section and section 55305
      of this title to be transported on vessels of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1645.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55314(a)(1)    46 App.:1241f(a).       June 29, 1936, ch. 858,      
                                            title IX, Sec. 901b(a)-(d), 
                                            as added Pub. L. 99-198,    
                                            title XI, Sec. 1142, Dec.   
                                            23, 1985, 99 Stat. 1491;    
                                            Pub. L. 101-624, title XV,  
                                            Sec. 1525, Nov. 28, 1990,   
                                            104 Stat. 3667; Pub. L.     
                                            104-239, Sec. 17, Oct. 8,   
                                            1996, 110 Stat. 3138; Pub.  
                                            L. 108-136, title XXXV, Sec.
                                            3514, Nov. 24, 2003, 117    
                                            Stat. 1792.                 
                   46 App.:1241o.          June 29, 1936, ch. 858,      
                                            title IX, Sec. 901k, as     
                                            added Pub. L. 99-198, title 
                                            XI, Sec. 1142, Dec. 23,     
                                            1985, 99 Stat. 1496.        
    55314(a)(2)    46 App.:1241f(c)(2).                                 
    55314(b)       46 App.:1241f(b),                                    
                    (d).                                                
    55314(c)       46                                                   
                    App.:1241f(c)(1),                                   
                    (3), (4).                                           
    --------------------------------------------------------------------

      In this section, the words "commercial vessels of the United
    States" are substituted for "United States-flag commercial vessels"
    for consistency in the revised title.
      In subsection (a)(1), before subparagraph (A), the text of 46
    App. U.S.C. 1241f(a)(2)(A) and (B) is omitted as obsolete.
    Subparagraphs (A) and (B) are substituted for 46 App. U.S.C. 1241o
    to improve the organization and to eliminate unnecessary words.
      In subsection (a)(2), the words "the 12-month period beginning
    October 1 of each year" are substituted for "12 month periods
    commencing April 1, 1986, the 18-month period beginning April 1,
    2002, and the 12-month period beginning October 1, 2003, and each
    year thereafter" to eliminate obsolete and unnecessary language.
      In subsection (c)(4), before subparagraph (A), the words "or
    instrumentality" are omitted as unnecessary because of the
    definition of "agency" in chapter 1.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Trade Development and Assistance Act of 1954,
    referred to in subsecs. (b)(1) and (c)(2), is act July 10, 1954,
    ch. 469, 68 Stat. 454, which is classified generally to chapter 41
    (Sec. 1691 et seq.) of Title 7, Agriculture. Title II of the Act is
    classified generally to subchapter III (Sec. 1721 et seq.) of
    chapter 41 of Title 7. For complete classification of this Act to
    the Code, see Short Title note set out under section 1691 of Title
    7 and Tables.
      The Shipping Act of 1984, referred to in subsec. (c)(4)(B), is
    Pub. L. 98-237, Mar. 20, 1984, 98 Stat. 67, which was classified
    principally to chapter 36 (Sec. 1701 et seq.) of the former
    Appendix to this title. The Act was primarily repealed and restated
    in part A of subtitle IV of this title by Pub. L. 109-304, Secs. 7,
    19, Oct. 6, 2006, 120 Stat. 1523, 1710. For complete classification
    of Pub. L. 98-237 to the Code, see Tables. For disposition of
    sections of the former Appendix to this title, see Disposition
    Table preceding section 101 of this title.

-End-



-CITE-
    46 USC Sec. 55315                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES

-HEAD-
    Sec. 55315. Minimum tonnage

-STATUTE-
      (a) Definition. - In this section, the term "base period" means
    the 5-year period running from the sixth through the second prior
    fiscal years.
      (b) Requirement. - For each fiscal year, the minimum quantity of
    agricultural commodities to be exported under programs subject to
    section 55314 of this title is the average of the tonnage exported
    under those programs during the base period, discarding the high
    and low years.
      (c) Waivers. - The President may waive the minimum quantity for a
    fiscal year under this section if the President determines and
    reports to Congress, together with reasons, that the quantity
    cannot be used effectively for the purposes of those programs or,
    based on a certification by the Secretary of Agriculture, that the
    commodities are not available for reasons that include the
    unavailability of funds.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1646.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55315          46 App.:1241g.          June 29, 1936, ch. 858,      
                                            title IX, Sec. 901c, as     
                                            added Pub. L. 99-198, title 
                                            XI, Sec. 1142, Dec. 23,     
                                            1985, 99 Stat. 1493.        
    --------------------------------------------------------------------

      In subsection (b), the words "For fiscal year 1986 and" are
    omitted as obsolete.

-End-



-CITE-
    46 USC Sec. 55316                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES

-HEAD-
    Sec. 55316. Financing the transportation of agricultural
      commodities

-STATUTE-
      (a) Financing of Increased Charges. - The Secretary of
    Transportation shall finance any increased ocean freight charges
    incurred in any fiscal year that result from the application of
    section 55314 of this title.
      (b) Reimbursement of Increased Charges. - 
        (1) In general. - The Secretary of Transportation shall
      reimburse the Secretary of Agriculture and the Commodity Credit
      Corporation for the amount by which, in any fiscal year - 
          (A) the total cost of ocean freight and ocean freight
        differential for which obligations are incurred by the
        Secretary of Agriculture and the Corporation on exports of
        agricultural commodities and their products under the
        agricultural export programs specified in section 55314(b) of
        this title; exceeds
          (B) 20 percent of the value of the commodities and their
        products and the cost of the ocean freight and ocean freight
        differential on which obligations are incurred by the Secretary
        of Agriculture and the Corporation during that fiscal year.

        (2) Commodities shipped from inventory. - For purposes of this
      subsection, commodities shipped from the inventory of the
      Corporation shall be valued as provided in section 412(d) of the
      Agricultural Trade Development and Assistance Act of 1954 (7
      U.S.C. 1736f(d)).

      (c) Issuance and Purchase of Obligations. - 
        (1) Issuance. - To meet the expenses required to be assumed
      under subsections (a) and (b), the Secretary of Transportation
      shall issue obligations to the Secretary of the Treasury. The
      Secretary of Transportation, with the approval of the Secretary
      of the Treasury, shall prescribe the form, denomination,
      maturity, and other terms (except the interest rate) of the
      obligations. The Secretary of the Treasury shall set the interest
      rate for the obligations, considering the average market yield on
      outstanding marketable obligations of the United States
      Government of comparable maturities during the month before the
      obligations are issued.
        (2) Purchase. - The Secretary of the Treasury shall purchase
      the obligations issued under this subsection. To purchase the
      obligations, the Secretary of the Treasury may use as a public
      debt transaction the proceeds from the sale of securities issued
      under chapter 31 of title 31. The purposes for which securities
      may be issued under that chapter are extended to include the
      purchase of obligations under this subsection. A redemption or
      purchase of the obligations by the Secretary of the Treasury is a
      public debt transaction of the Government.

      (d) Source of Funds for Reimbursement. - Reimbursement of the
    Secretary of Transportation for costs incurred under this section
    shall be made with appropriated funds rather than through
    cancellation of notes.
      (e) Appropriations. - 
        (1) Authorization. - Each fiscal year, there is authorized to
      be appropriated an amount sufficient to reimburse the Secretary
      of Transportation for the costs incurred under this section,
      including administrative expenses and the principal and interest
      due on obligations issued to the Secretary of the Treasury.
        (2) Appropriation for administrative expenses. - Each fiscal
      year, such amounts as may be necessary are hereby appropriated to
      pay interest and to liquidate debt on obligations issued to the
      Secretary of the Treasury under this section.

      (f) Notification to Congress of Insufficiency. - If the Secretary
    of Transportation is unable to obtain the funds necessary to
    finance the increased ocean freight charges resulting from the
    requirements of subsections (a) and (b) and section 55314(a) of
    this title, the Secretary shall notify Congress within 10 working
    days of the discovery of the insufficiency.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1647.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55316(a)       46 App.:1241h(a).       June 29, 1936, ch. 858,      
                                            title IX, Sec. 901d, as     
                                            added Pub. L. 99-198, title 
                                            XI, Sec. 1142, Dec. 23,     
                                            1985, 99 Stat. 1493.        
    55316(b)       46 App.:1241h(b).                                    
    55316(c)       46 App.:1241h(c).                                    
    55316(d)       46 App.:1241h(d)                                     
                    (last sentence).                                    
    55316(e)(1)    46 App.:1241h(d)                                     
                    (1st sentence).                                     
    55316(e)(2)    46 App.:1241h note.     Pub. L. 100-202, 101(a)      
                                            [title V (par. under heading
                                            "Ocean Freight              
                                            Differential")], Dec. 22,   
                                            1987, 101 Stat. 1329,       
                                            1329-27.                    
    55316(f)       46 App.:1241h(e).                                    
    --------------------------------------------------------------------

      In subsection (b)(2), the words "section 412(d) of the
    Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
    1736f(d))" are substituted for "section 1733(b) of title 7" because
    the latter provision, as amended in 1990, no longer contains
    provisions on valuation of commodities shipped from the inventory
    of the Commodity Credit Corporation, and a provision substantially
    the same as former 7 U.S.C. 1733(b) is now at 7 U.S.C. 1736f(e).
      In subsection (c)(1), the words "considering the current average
    market yield on outstanding marketable obligations of the United
    States Government of comparable maturities during the month before
    the obligations are issued" are substituted for "taking into
    consideration the average market yield on outstanding marketable
    obligations of the United States with remaining periods of maturity
    comparable to the average maturities of such obligations during the
    month preceding the issuance of such obligations of the Secretary
    of Transportation" to eliminate unnecessary words.
      In subsection (c)(2), the words "after December 23, 1985" are
    omitted as obsolete.
      In subsection (e)(1), the words "commencing with the fiscal year
    beginning October 1, 1986" are omitted as obsolete.
      In subsection (f), the words "Notwithstanding the provisions of
    this section" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 55317                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES

-HEAD-
    Sec. 55317. Termination of subchapter

-STATUTE-
      This subchapter terminates 90 days after the date on which a
    notification is made under section 55316(f) of this title, except
    for shipments of agricultural commodities and their products
    subject to contracts made before the end of that 90-day period,
    unless within that 90-day period the Secretary of Transportation
    proclaims that funds are available to finance increased freight
    charges resulting from the requirements of sections 55314(a) and
    55316(a) and (b) of this title. On the termination of this
    subchapter under this section - 
        (1) this subchapter does not exempt export activities from, or
      subject export activities to, the cargo preference laws; and
        (2) the 50-percent requirement in section 55305 of this title
      remains in effect.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1648.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55317          46 App.:1241j.          June 29, 1936, ch. 858,      
                                            title IX, Sec. 901f, as     
                                            added Pub. L. 99-198, title 
                                            XI, Sec. 1142, Dec. 23,     
                                            1985, 99 Stat. 1494.        
    --------------------------------------------------------------------

      The words "except to the extent those activities are exempt under
    section 1707a(b) of title 7" are omitted because the provision
    referred to has been repealed.

-End-



-CITE-
    46 USC Sec. 55318                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES

-HEAD-
    Sec. 55318. Effect on other law

-STATUTE-
      This subchapter does not affect chapter 5 of title 5.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1648.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55318          46 App.:1241p.          Pub. L. 99-198, title XI,    
                                            Sec. 1143, Dec. 23, 1985, 99
                                            Stat. 1496.                 
    --------------------------------------------------------------------

      The words "section 1707a(b)(8) of title 7" are omitted because
    the provision referred to has been repealed.

-End-


-CITE-
    46 USC SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS        01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS

-HEAD-
               SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS           

-End-



-CITE-
    46 USC Sec. 55331                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS

-HEAD-
    Sec. 55331. Definitions

-STATUTE-
      In this subchapter:
        (1) American great lakes vessel. - The term "American Great
      Lakes vessel" means a vessel so designated under section 55332 of
      this title, but only during the period the designation is in
      effect.
        (2) Great lakes. - The term "Great Lakes" means Lake Superior,
      Lake Michigan, Lake Huron, Lake Erie, Lake Ontario, the Saint
      Lawrence River west of Saint Regis, New York, and their
      connecting and tributary waters.
        (3) Great lakes shipping season. - The term "Great Lakes
      shipping season" means the period each year during which the
      Saint Lawrence Seaway is open for navigation by vessels, as
      declared by the Saint Lawrence Seaway Development Corporation.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1648.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55331          46 App.:1241v.          Pub. L. 101-624, title XV,   
                                            Sec. 1527, Nov. 28, 1990,   
                                            104 Stat. 3668.             
    --------------------------------------------------------------------

      In paragraph (1), the words "but only during the period the
    designation is in effect" are added for clarity.
      In paragraph (3), the words "created by the Act of May 13, 1954
    (33 U.S.C. 981 et seq.)" are omitted as unnecessary.
      The definition of "Secretary" in 46 App. U.S.C. 1241v(4) is
    omitted as unnecessary because the full title of the Secretary of
    Transportation is used the first time the Secretary is referred to
    in each section.

-End-



-CITE-
    46 USC Sec. 55332                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS

-HEAD-
    Sec. 55332. Designating American Great Lakes vessels

-STATUTE-
      (a) Designations. - The Secretary of Transportation shall
    designate a vessel as an American Great Lakes vessel if - 
        (1) an application for designation is submitted to the
      Secretary under regulations prescribed by the Secretary;
        (2) the vessel is documented under the laws of the United
      States;
        (3) the vessel, on the effective date of the designation, is - 
          (A) at least 1, but not more than 6, years old; or
          (B) at least 1, but not more than 11, years old if the
        Secretary finds that suitable vessels are not available to
        provide the type of service for which the vessel will be used
        after the designation;

        (4) the vessel has not previously been designated as an
      American Great Lakes vessel; and
        (5) the owner makes an agreement as provided under subsection
      (b).

      (b) Agreements. - A vessel may be designated as an American Great
    Lakes vessel only if the person that will be the owner of the
    vessel at the time of the designation makes an agreement with the
    Secretary providing that if the Secretary determines that the
    vessel is necessary to the defense of the United States, the United
    States Government will have an exclusive right, during the 120-day
    period following the date of a revocation of the designation under
    section 55335 of this title, to purchase the vessel for a price
    equal to the greater of - 
        (1) the approximate world market value of the vessel; or
        (2) the cost of the vessel to the owner less a reasonable
      amount for depreciation.

      (c) Certain Foreign Documentation and Sale Not Prohibited. -
    Notwithstanding any other law, if the Government does not exercise
    its right of purchase under an agreement under subsection (b), the
    owner of the vessel is not prohibited from - 
        (1) documenting the vessel under the laws of a foreign country;
      or
        (2) selling the vessel to a person not a citizen of the United
      States.

      (d) Regulations. - The Secretary shall prescribe regulations
    establishing requirements for submitting applications under this
    section.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1649.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55332          46 App.:1241r.          Pub. L. 101-624, title XV,   
                                            Sec. 1522, Nov. 28, 1990,   
                                            104 Stat. 3665.             
    --------------------------------------------------------------------

      In subsection (a), the words "for purposes of sections 1241q to
    1241v of this Appendix" are omitted as unnecessary.
      In subsection (c), before paragraph (1), the words "construction
    and purchase" before "agreement" are omitted because the source
    provision for subsection (b) does not say anything about
    construction.
      In subsection (d), the words "Not later than 60 days after
    November 28, 1990" are omitted as obsolete.

-End-



-CITE-
    46 USC Sec. 55333                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS

-HEAD-
    Sec. 55333. Exemption from restriction on transporting certain
      cargo

-STATUTE-
      The 3-year documentation requirement of section 55305(a) of this
    title does not apply to a vessel designated as an American Great
    Lakes vessel during the period of its designation.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1649.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55333          46 App.:1241q.          Pub. L. 101-624, title XV,   
                                            Sec. 1521, Nov. 28, 1990,   
                                            104 Stat. 3665.             
    --------------------------------------------------------------------

      This section is substituted for the source provisions to
    eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 55334                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS

-HEAD-
    Sec. 55334. Restrictions on operations

-STATUTE-
      (a) Prohibitions. - Except as provided in subsection (b), an
    American Great Lakes vessel may not be used to - 
        (1) engage in trade - 
          (A) from a port in the United States that is not located on
        the Great Lakes; or
          (B) between ports in the United States;

        (2) transport bulk cargo (as defined in section 40102 of this
      title) that is subject to section 55305 or 55314 of this title or
      section 2631 of title 10; or
        (3) provide a service (except ocean freight service) as - 
          (A) a contract carrier; or
          (B) a common carrier on a fixed advertised schedule offering
        frequent sailings at regular intervals in the foreign trade of
        the United States.

      (b) Off-Season Exception. - An American Great Lakes vessel may be
    used for not more than 90 days during any 12-month period to engage
    in trade prohibited by subsection (a)(1)(A), except during the
    Great Lakes shipping season.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1649.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55334          46 App.:1241s.          Pub. L. 101-624, title XV,   
                                            Sec. 1523, Nov. 28, 1990,   
                                            104 Stat. 3666.             
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 55335                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS

-HEAD-
    Sec. 55335. Revocations and terminations of designations

-STATUTE-
      (a) Revocations. - After notice and an opportunity for a hearing,
    the Secretary of Transportation may revoke a designation of a
    vessel as an American Great Lakes vessel if the Secretary finds
    that - 
        (1) the vessel does not meet a requirement for the designation;
        (2) the vessel has been operated in violation of this
      subchapter; or
        (3) the owner or operator of the vessel has violated an
      agreement made under section 55332(b) of this title.

      (b) Terminations. - On petition and a showing of good cause by
    the owner of a vessel, the Secretary may terminate the designation
    of a vessel as an American Great Lakes vessel. The Secretary may
    impose conditions in a termination order to prevent significant
    adverse effects on other operators of vessels of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1650.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55335          46 App.:1241t(a),       Pub. L. 101-624, title XV,   
                    (c).                    Sec. 1524(a), (c), Nov. 28, 
                                            1990, 104 Stat. 3667.       
    --------------------------------------------------------------------

      In subsection (a)(3), the words "construction and purchase"
    before "agreement" are omitted because the source provision for
    section 55332(b) of the revised title does not say anything about
    construction.
      In subsection (b), the words "vessels of the United States" are
    substituted for "United States-flag vessel" for consistency in the
    revised title.

-End-



-CITE-
    46 USC Sec. 55336                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 553 - PASSENGER AND CARGO PREFERENCES
    SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS

-HEAD-
    Sec. 55336. Civil penalty

-STATUTE-
      After notice and an opportunity for a hearing, the Secretary of
    Transportation may impose a civil penalty of not more than
    $1,000,000 on the owner of an American Great Lakes vessel for any
    act for which the designation may be revoked under section 55335 of
    this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1650.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55336          46 App.:1241t(b).       Pub. L. 101-624, title XV,   
                                            Sec. 1524(b), Nov. 28, 1990,
                                            104 Stat. 3667.             
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 555 - MISCELLANEOUS                          01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 555 - MISCELLANEOUS

-HEAD-
                        CHAPTER 555 - MISCELLANEOUS                    

-MISC1-
    Sec.                                                     
    55501.      Mobile trade fairs.                                   

-End-



-CITE-
    46 USC Sec. 55501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part D - Promotional Programs
    CHAPTER 555 - MISCELLANEOUS

-HEAD-
    Sec. 55501. Mobile trade fairs

-STATUTE-
      (a) In General. - The Secretary of Commerce shall encourage and
    promote the development and use of mobile trade fairs designed to
    show and sell the products of United States business and
    agriculture at foreign ports and at other commercial centers
    throughout the world where the operators of the fairs use, insofar
    as practicable, vessels and aircraft of the United States in
    transporting their exhibits.
      (b) Technical and Financial Assistance. - When the Secretary
    determines that a mobile trade fair provides an economical and
    effective means of promoting export sales, the Secretary may
    provide to the operator of the fair - 
        (1) technical assistance and support; and
        (2) financial assistance to defray certain expenses incurred
      outside the United States, except the cost of transportation on
      foreign vessels and aircraft.

      (c) Use of Foreign Currencies. - To carry out this section, the
    President may use, in addition to amounts appropriated to carry out
    trade promotion activities, foreign currencies owned by or owed to
    the United States Government.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1650.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    55501          46 App.:1122b.          June 29, 1936, ch. 858,      
                                            title II, Sec. 212(B), as   
                                            added Pub. L. 87-839, Sec.  
                                            1, Oct. 18, 1962, 76 Stat.  
                                            1074; Pub. L. 89-66, July 7,
                                            1965, 79 Stat. 211; Pub. L. 
                                            90-434, July 27, 1968, 82   
                                            Stat. 449; Pub. L. 100-418, 
                                            title X, Sec. 10003(a), Aug.
                                            23, 1988, 102 Stat. 1572.   
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC Part E - Control of Merchant Marine Capabilities     01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities

-HEAD-
             PART E - CONTROL OF MERCHANT MARINE CAPABILITIES         

-End-


-CITE-
    46 USC CHAPTER 561 - RESTRICTIONS ON TRANSFERS              01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 561 - RESTRICTIONS ON TRANSFERS

-HEAD-
                  CHAPTER 561 - RESTRICTIONS ON TRANSFERS              

-MISC1-
    Sec.                                                     
    56101.      Approval required to transfer vessel to noncitizen.   
    56102.      Additional controls during war or national emergency. 
    56103.      Conditional approvals.                                
    56104.      Penalty for false statements.                         
    56105.      Forfeiture procedure.                                 

-End-



-CITE-
    46 USC Sec. 56101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 561 - RESTRICTIONS ON TRANSFERS

-HEAD-
    Sec. 56101. Approval required to transfer vessel to noncitizen

-STATUTE-
      (a) Restrictions. - 
        (1) In General. - Except as otherwise provided in this section,
      section 12119 of this title, or section 611 of the Merchant
      Marine Act, 1936, a person may not, without the approval of the
      Secretary of Transportation - 
          (A) sell, lease, charter, deliver, or in any other manner
        transfer, or agree to sell, lease, charter, deliver, or in any
        other manner transfer, to a person not a citizen of the United
        States, an interest in or control of - 
            (i) a documented vessel owned by a citizen of the United
          States; or
            (ii) a vessel last documented under the laws of the United
          States; or

          (B) place under foreign registry, or operate under the
        authority of a foreign country, a documented vessel or a vessel
        last documented under the laws of the United States.

        (2) Exceptions. - Paragraph (1)(A) does not apply to a vessel
      that has been operated only for pleasure or only as a fishing
      vessel, fish processing vessel, or fish tender vessel (as defined
      in section 2101 of this title).

      (b) Approval Before Documentation. - To promote financing with
    respect to a vessel to be documented under chapter 121 of this
    title, the Secretary may grant approval under subsection (a) before
    the vessel is documented.
      (c) Exceptions. - Notwithstanding any other provision of this
    subtitle, the Merchant Marine Act, 1936, or any contract with the
    Secretary made under this subtitle or that Act, a person may place
    a vessel under foreign registry without the approval of the
    Secretary if - 
        (1)(A) the Secretary, in conjunction with the Secretary of
      Defense, determines that at least one replacement vessel of equal
      or greater military capability and of a capacity that is
      equivalent or greater, as measured by deadweight tons, gross
      tons, or container equivalent units, as appropriate, is
      documented under chapter 121 of this title by the owner of the
      vessel placed under foreign registry; and
        (B) the replacement vessel is not more than 10 years old on the
      date of that documentation; or
        (2) an operating agreement covering the vessel under chapter
      531 of this title has expired.

      (d) Status of Prohibited Transaction. - A charter, sale, or
    transfer of a vessel, or of an interest in or control of a vessel,
    in violation of this section is void.
      (e) Penalties. - 
        (1) Criminal penalty. - A person that knowingly sells,
      charters, or transfers a vessel, or an interest in or control of
      a vessel, in violation of this section shall be fined under title
      18, imprisoned for not more than 5 years, or both.
        (2) Civil penalty. - A person that sells, charters, or
      transfers a vessel, or an interest in or control of a vessel, in
      violation of this section is liable to the United States
      Government for a civil penalty of not more than $10,000 for each
      violation.
        (3) Forfeiture. - A documented vessel may be seized by and
      forfeited to the Government if, in violation of this section, a
      person - 
          (A) knowingly sells, charters, or transfers the vessel or an
        interest in or control of the vessel; or
          (B) places the vessel under foreign registry or operates the
        vessel under the authority of a foreign country.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1651.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56101(a)       46 App.:808(c).         Sept. 7, 1916, ch. 451, Sec. 
                                            9(c), (d), 39 Stat. 730;    
                                            July 15, 1918, ch. 152, Sec.
                                            3, 40 Stat. 900; June 5,    
                                            1920, ch. 250, Sec. 18, 41  
                                            Stat. 994; Exec. Order No.  
                                            6166, Sec. 12, eff. June 10,
                                            1933; June 29, 1936, ch.    
                                            858, title II, Sec. 204,    
                                            title IX, Sec. 904, 49 Stat.
                                            1987, 2016; June 23, 1938,  
                                            ch. 600, Sec. 42, 52 Stat.  
                                            964; Pub. L. 89-346, Sec. 1,
                                            Nov. 8, 1965, 79 Stat. 1305;
                                            Pub. L. 97-31, Sec. 12(26), 
                                            Aug. 6, 1981, 95 Stat. 155; 
                                            Pub. L. 100-710, title I,   
                                            Sec. 104(b)(3), Nov. 23,    
                                            1988, 102 Stat. 4750; Pub.  
                                            L. 101-225, title III, Sec. 
                                            304(a), Dec. 12, 1989, 103  
                                            Stat. 1924; Pub. L. 104-324,
                                            title XI, [Sec.]1113(c),    
                                            (e), Oct. 19, 1996, 110     
                                            Stat. 3970, 3971; Pub. L.   
                                            107-295, title II, Sec.     
                                            205(d), Nov. 25, 2002, 116  
                                            Stat. 2096.                 
                   46 App.:808a.           Pub. L. 98-454, title III,   
                                            Sec. 302, Oct. 5, 1984, 98  
                                            Stat. 1734.                 
    56101(b)       46 App.:808(f)          Sept. 7, 1916, ch. 451, Sec. 
                                            9(f), as added Pub. L.      
                                            104-324, title XI, Sec.     
                                            1136(b), Oct. 19, 1996, 110 
                                            Stat. 3987; Pub. L. 108-136,
                                            title XXXV, Sec. 3532(a)(1),
                                            Nov. 24, 2003, 117 Stat.    
                                            1817.                       
    56101(c)       46 App.:808(e)          Sept. 7, 1916, ch. 451, Sec. 
                                            9(e), as added Pub. L.      
                                            104-239, Sec. 6, Oct. 8,    
                                            1996, 110 Stat. 3132; Pub.  
                                            L. 108-136, title XXXV, Sec.
                                            3532(a)(2), Nov. 24, 2003,  
                                            117 Stat. 1817.             
    56101(d)       46 App.:808(d)(1).                                   
    56101(e)       46                                                   
                    App.:808(d)(2)-(4).                                 
    --------------------------------------------------------------------

      In subsection (a), the text of 46 App. U.S.C. 808a is omitted as
    unnecessary. In paragraph (1), the words "owned by a citizen of the
    United States" are omitted as unnecessary because ownership by a
    citizen is a requirement for documentation. See section 12103 as
    revised by the bill.
      In subsection (c), before paragraph (1), the words
    "Notwithstanding any other provision of this subtitle, the Merchant
    Marine Act, 1936, or any contract with the Secretary made under
    this subtitle or that Act" are substituted for "Notwithstanding
    subsection (c)(2) of this section, the Merchant Marine Act, 1936
    [46 App. U.S.C. 1101 et seq.], or any contract entered into with
    the Secretary of Transportation under that Act" because the
    Merchant Marine Act, 1936, is restated principally in this
    subtitle, but other provisions of that Act are being neither
    restated nor repealed.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Merchant Marine Act, 1936, referred to in subsecs. (a)(1),
    (c), is act June 29, 1936, ch. 858, 49 Stat. 1985, which enacted
    provisions set out as notes under section 53101 of this title. For
    complete classification of this Act to the Code, see Short Title of
    1936 Amendment note set out under section 101 of this title and
    Tables.

-End-



-CITE-
    46 USC Sec. 56102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 561 - RESTRICTIONS ON TRANSFERS

-HEAD-
    Sec. 56102. Additional controls during war or national emergency

-STATUTE-
      (a) In General. - During war, or a national emergency declared by
    Presidential proclamation, a person may not, without the approval
    of the Secretary of Transportation - 
        (1) place under foreign registry a vessel owned in whole or in
      part by a citizen of the United States or a corporation
      incorporated under the laws of the United States or of a State;
        (2) sell, mortgage, lease, charter, deliver, or in any other
      manner transfer, or agree to sell, mortgage, lease, charter,
      deliver, or in any other manner transfer, to a person not a
      citizen of the United States - 
          (A) a vessel owned as described in paragraph (1), or an
        interest therein;
          (B) a vessel documented under the laws of the United States,
        or an interest therein; or
          (C) a facility for building or repairing vessels, or an
        interest therein;

        (3) issue, assign, or transfer to a person not a citizen of the
      United States an instrument of indebtedness secured by a mortgage
      of a vessel to a trustee, by an assignment of an owner's interest
      in a vessel under construction to a trustee, or by a mortgage of
      a facility for building or repairing vessels to a trustee, unless
      the trustee or a substitute trustee is approved by the Secretary
      under subsection (b);
        (4) enter into an agreement or understanding to construct a
      vessel in the United States for, or to be delivered to, a person
      not a citizen of the United States without expressly stipulating
      that construction will not begin until after the war or national
      emergency has ended;
        (5) enter into an agreement or understanding whereby there is
      vested in, or for the benefit of, a person not a citizen of the
      United States the controlling interest in a corporation that is
      incorporated under the laws of the United States or a State and
      that owns a vessel or facility for building or repairing vessels;
      or
        (6) cause or procure a vessel, constructed in whole or in part
      in the United States and never cleared for a foreign port, to
      depart from a port of the United States before it has been
      documented under the laws of the United States.

      (b) Trustees. - 
        (1) Approval. - The Secretary shall approve a trustee or
      substitute trustee under subsection (a)(3) if and only if the
      trustee is a bank or trust company that - 
          (A) is organized as a corporation, and is doing business,
        under the laws of the United States or a State;
          (B) is authorized under those laws to exercise corporate
        trust powers;
          (C) is a citizen of the United States;
          (D) is subject to supervision or examination by Federal or
        State authority; and
          (E) has a combined capital and surplus (as set forth in its
        most recent published report of condition) of at least
        $3,000,000.

        (2) Disapproval. - If a trustee or substitute trustee ceases to
      meet the conditions in paragraph (1), the Secretary shall
      disapprove the trustee or substitute trustee. After the
      disapproval, the restrictions on transfer or assignment without
      the Secretary's approval in subsection (a)(3) apply.
        (3) Operation of vessel. - During a period when subsection (a)
      applies, a trustee referred to in subsection (a)(3), even though
      approved as a trustee by the Secretary, may not operate the
      vessel under the mortgage or assignment without the Secretary's
      approval.

      (c) Status of Prohibited Transaction. - A transaction in
    violation of this section is void.
      (d) Recovery of Consideration. - 
        (1) In general. - A person that deposited or paid consideration
      in connection with a transaction prohibited by this section may
      recover the consideration after tender of the vessel, facility,
      stock, or other security, or interest therein, to the person
      entitled to it, or the forfeiture thereof to the United States
      Government.
        (2) Exception. - Paragraph (1) does not apply if the person in
      whose interest the consideration was deposited, or to whom it was
      paid, entered into the transaction in the belief that the person
      depositing or paying the consideration was a citizen of the
      United States.

      (e) Penalties. - 
        (1) Criminal penalty. - A person that violates, or attempts or
      conspires to violate, this section shall be fined under title 18,
      imprisoned for not more than 5 years, or both.
        (2) Forfeiture. - The following shall be forfeited to the
      Government:
          (A) A vessel, a facility for building or repairing vessels,
        or an interest in a vessel or such a facility, that is sold,
        mortgaged, leased, chartered, delivered, transferred, or
        documented, or agreed to be sold, mortgaged, leased, chartered,
        delivered, transferred, or documented, in violation of this
        section.
          (B) Stock and other securities sold or transferred, or agreed
        to be sold or transferred, in violation of this section.
          (C) A vessel departing in violation of subsection (a)(6).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1652.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56102(a)       46 App.:835(a)-(c)      Sept. 7, 1916, ch. 451, Sec. 
                    (less provisos),        37, as added July 15, 1918, 
                    (d)-(f).                ch. 152, Sec. 4, 40 Stat.   
                                            901; Exec. Order No. 6166,  
                                            Sec. 12, eff. June 10, 1933;
                                            June 29, 1936, ch. 858,     
                                            title II, Sec. 204, title   
                                            IX, Sec. 904, 49 Stat. 1987,
                                            2016; Pub. L. 89-346, Sec.  
                                            2, Nov. 8, 1965, 79 Stat.   
                                            1306; Pub. L. 97-31, Sec.   
                                            12(30), Aug. 6, 1981, 95    
                                            Stat. 156.                  
    56102(b)       46 App.:835(c)                                       
                    (provisos).                                         
    56102(c)       46 App.:835 (2d                                      
                    par. after cl. (f),                                 
                    last par. words                                     
                    before 9th comma).                                  
    56102(d)       46 App.:835 (last                                    
                    par. words after                                    
                    9th comma).                                         
    56102(e)       46 App.:835 (1st,                                    
                    3d pars. after cl.                                  
                    (f)).                                               
    --------------------------------------------------------------------

      In this section, the words "facility for building or repairing
    vessels" are substituted for "shipyard, dry dock, shipbuilding or
    ship-repairing plant or facility" (or similar language) to
    eliminate unnecessary words.
      In subsection (a)(1), the words "transfer to" and "or flag" are
    omitted as surplus. The words "Territory, District, or possession
    thereof" are omitted as unnecessary because of the definition of
    "State" in chapter 1 of the revised title.
      In subsection (a)(3), the words "instrument of indebtedness" are
    substituted for "bond, note, or other evidence of indebtedness" to
    eliminate unnecessary words. The words "right, title, or" are
    omitted as unnecessary.
      In subsection (a)(5), the words "or the majority of the voting
    power" are omitted as covered by "controlling interest".
      In subsection (b)(1), before subparagraph (A), the words "and
    only if" are added for clarity because the Secretary is required to
    disapprove a trustee that ceases to meet the specified conditions.
      Subsections (c) and (d) are substituted for the source provisions
    to eliminate unnecessary words.
      In subsection (e)(1), the words "guilty of a misdemeanor" are
    omitted, and the words "fined under title 18" are substituted for
    "punishable by a fine of not more than $5000", because of chapter
    227 of title 18.

-End-



-CITE-
    46 USC Sec. 56103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 561 - RESTRICTIONS ON TRANSFERS

-HEAD-
    Sec. 56103. Conditional approvals

-STATUTE-
      (a) In General. - In approving an act or transaction under
    section 56101 or 56102 of this title, the Secretary of
    Transportation may do so absolutely or upon conditions the
    Secretary considers advisable. The Secretary shall state the
    conditions in the notice of approval.
      (b) Violations. - A violation of a condition of approval is
    subject to the same penalties as a violation resulting from an act
    done without the required approval. The violation occurs at the
    time the condition is violated.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1654.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56103          46 App.:839 (1st        Sept. 7, 1916, ch. 451, Sec. 
                    par.).                  41 (1st par.), as added July
                                            15, 1918, ch. 152, Sec. 4,  
                                            40 Stat. 902; Exec. Order   
                                            No. 6166, June 10, 1933,    
                                            Sec. 12; June 29, 1936, ch. 
                                            858, title II, Sec. 204,    
                                            title IX, Sec. 904, 49 Stat.
                                            1987, 2016; Pub. L. 97-31,  
                                            Sec. 12(32), Aug. 6, 1981,  
                                            95 Stat. 156.               
    --------------------------------------------------------------------

      This section is substituted for the source provision to eliminate
    unnecessary words.

-End-



-CITE-
    46 USC Sec. 56104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 561 - RESTRICTIONS ON TRANSFERS

-HEAD-
    Sec. 56104. Penalty for false statements

-STATUTE-
      A person that knowingly makes a false statement of a material
    fact to the Secretary of Transportation or another officer,
    employee, or agent of the Department of Transportation, to obtain
    the Secretary's approval under section 56101 or 56102 of this
    title, shall be fined under title 18, imprisoned for not more than
    5 years, or both.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1654.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56104          46 App.:839 (last       Sept. 7, 1916, ch. 451, Sec. 
                    par.).                  41 (last par.), as added    
                                            July 15, 1918, ch. 152, Sec.
                                            4, 40 Stat. 903; Exec. Order
                                            No. 6166, June 10, 1933,    
                                            Sec. 12; June 29, 1936, ch. 
                                            858, title II, Sec. 204,    
                                            title IX, Sec. 904, 49 Stat.
                                            1987, 2016; Pub. L. 97-31,  
                                            Sec. 12(32), Aug. 6, 1981,  
                                            95 Stat. 156.               
    --------------------------------------------------------------------

      The words "guilty of a misdemeanor" are omitted, and the words
    "fined under title 18" are substituted for "subject to a fine of
    not more than $5000", because of chapter 227 of title 18.

-End-



-CITE-
    46 USC Sec. 56105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 561 - RESTRICTIONS ON TRANSFERS

-HEAD-
    Sec. 56105. Forfeiture procedure

-STATUTE-
      (a) In General. - A forfeiture under this chapter may be enforced
    in the same way as a forfeiture under the laws on the collection of
    duties. However, such a forfeiture may be remitted without seizure
    of the vessel.
      (b) Prior Convictions. - In a proceeding under this chapter to
    enforce a forfeiture, a prior criminal conviction of a person for a
    violation of this chapter with respect to the subject matter of the
    forfeiture is prima facie evidence of the violation against the
    person convicted.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1654.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56105(a)       46 App.:836.            Sept. 7, 1916, ch. 451, Sec. 
                                            38, as added July 15, 1918, 
                                            ch. 152, Sec. 4, 40 Stat.   
                                            902; Pub. L. 101-225, title 
                                            III, Sec. 304(b), Dec. 12,  
                                            1989, 103 Stat. 1924.       
    56105(b)       46 App.:837.            Sept. 7, 1916, ch. 451, Sec. 
                                            39, as added July 15, 1918, 
                                            ch. 152, Sec. 4, 40 Stat.   
                                            902.                        
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC CHAPTER 563 - EMERGENCY ACQUISITION OF VESSELS       01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 563 - EMERGENCY ACQUISITION OF VESSELS

-HEAD-
              CHAPTER 563 - EMERGENCY ACQUISITION OF VESSELS          

-MISC1-
    Sec.                                                     
    56301.      General authority.                                    
    56302.      Charter terms.                                        
    56303.      Compensation.                                         
    56304.      Disputed compensation.                                
    56305.      Vessel encumbrances.                                  
    56306.      Use and transfer of vessels.                          
    56307.      Return of vessels.                                    

-End-



-CITE-
    46 USC Sec. 56301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 563 - EMERGENCY ACQUISITION OF VESSELS

-HEAD-
    Sec. 56301. General authority

-STATUTE-
      During a national emergency declared by Presidential
    proclamation, or a period for which the President has proclaimed
    that the security of the national defense makes it advisable, the
    Secretary of Transportation may requisition or purchase, or
    requisition or charter the use of, a vessel owned by citizens of
    the United States, a documented vessel, or a vessel under
    construction in the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1654.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56301          46 App.:1242(a)         June 29, 1936, ch. 858,      
                    (1st, 2d sentences).     title IX, Sec. 902(a) (1st, 
                                            2d sentences), 49 Stat.     
                                            2015; Pub. L. 97-31, Sec.   
                                            12(131), Aug. 6, 1981, 95   
                                            Stat. 165; Pub. L. 100-710, 
                                            title I, Sec. 104(c), Nov.  
                                            23, 1988, 102 Stat. 4750.   
    --------------------------------------------------------------------

      The words "or other watercraft" are omitted because of the
    definition of "vessel" in chapter 1 of the revised title. The words
    "The termination of any emergency so declared shall be announced by
    a further proclamation by the President" are omitted as superseded
    by the National Emergencies Act (50 U.S.C. 1601 et seq.).

-End-



-CITE-
    46 USC Sec. 56302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 563 - EMERGENCY ACQUISITION OF VESSELS

-HEAD-
    Sec. 56302. Charter terms

-STATUTE-
      (a) In General. - If a vessel is requisitioned for use but not
    ownership under this chapter, the Secretary of Transportation, at
    the time of requisition or as soon thereafter as the situation
    allows, shall offer the person entitled to possession of the vessel
    a charter containing - 
        (1) the terms the Secretary believes should govern the
      relationship between the United States Government and the person;
      and
        (2) the rate of hire the Secretary considers just compensation
      for the use of the vessel and the services required under the
      charter.

      (b) Refusal To Accept. - If the person does not accept the
    charter and rate of hire, the parties shall proceed as provided in
    section 56304 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1654.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56302          46 App.:1242(c)         June 29, 1936, ch. 858,      
                    (1st sentence).         title IX, Sec. 902(c) (1st  
                                            sentence); as added Aug. 7, 
                                            1939, ch. 555, Sec. 3, 53   
                                            Stat. 1255; Pub. L. 97-31,  
                                            Sec. 12(131), Aug. 6, 1981, 
                                            95 Stat. 165.               
    --------------------------------------------------------------------

      In subsection (a), the words "requisitioned for use but not
    ownership under this chapter" are substituted for "taken and used
    under authority of this section, but the ownership thereof is not
    required by the United States" to eliminate unnecessary words. The
    word "requisition" is substituted for "taking", and the word
    "vessel" is substituted for "such property", for consistency.
      Subsection (b) is added because the provisions about disputed
    compensation, for both charter use and other takings, are
    consolidated in section 56304 of the revised title to avoid
    repetition.

-End-



-CITE-
    46 USC Sec. 56303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 563 - EMERGENCY ACQUISITION OF VESSELS

-HEAD-
    Sec. 56303. Compensation

-STATUTE-
      (a) In General. - As soon as practicable, the Secretary of
    Transportation shall determine and pay just compensation for a
    vessel requisitioned under this chapter.
      (b) Factors Not Affecting Value. - The value of a vessel may not
    be considered enhanced by the circumstances requiring its
    requisition. Consequential damages arising from the requisition may
    not be paid.
      (c) Effect of Construction-Differential Subsidy. - 
        (1) If paid. - If a construction-differential subsidy has been
      paid for the vessel, the value of the vessel at the time of
      requisition shall be determined under section 802 of the Merchant
      Marine Act, 1936.
        (2) If not paid. - If a construction-differential subsidy has
      not been paid for the vessel, the value of any national defense
      features previously paid for by the United States Government
      shall be excluded.

      (d) Loss or Damage During Charter. - If a vessel is lost or
    damaged by a risk assumed by the Government under the charter, but
    a valuation for the vessel or a means of compensation has not been
    agreed to, the Secretary shall pay just compensation for the loss
    or damage, to the extent the person is not reimbursed through
    insurance.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1655.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56303(a)       46 App.:1242(a) (3d     June 29, 1936, ch. 858,      
                    sentence words          title IX, Sec. 902(a) (3d,  
                    before 2d comma),       last sentences), (b), (d)   
                    (d) (1st par. words     (1st par. words before 2d   
                    before 2d comma).       comma), 49 Stat. 2015, 2016;
                                            Aug. 7, 1939, ch. 555, Sec. 
                                            3, 53 Stat. 1255; Aug. 3,   
                                            1956, ch. 929, Sec. 3, 70   
                                            Stat. 985; Pub. L. 97-31,   
                                            Sec. 12(131), Aug. 6, 1981, 
                                            95 Stat. 165.               
    56303(b)       46 App.:1242(a) (3d                                  
                    sentence words                                      
                    after 2d comma,                                     
                    last sentence).                                     
    56303(c)       46 App.:1242(b).                                     
    56303(d)       46 App.:1242(c)                                      
                    (last sentence).                                    
    --------------------------------------------------------------------


-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 802 of the Merchant Marine Act, 1936, referred to in
    subsec. (c)(1), is section 802 of act June 29, 1936, ch. 858, 49
    Stat. 1985, which is set out as a note under section 53101 of this
    title.

-End-



-CITE-
    46 USC Sec. 56304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 563 - EMERGENCY ACQUISITION OF VESSELS

-HEAD-
    Sec. 56304. Disputed compensation

-STATUTE-
      If the person entitled to compensation disputes the amount of
    just compensation determined by the Secretary of Transportation
    under this chapter, the Secretary shall pay the person, as a
    tentative advance, 75 percent of the amount determined. The person
    may bring a civil action against the United States to recover just
    compensation. If the tentative advance paid under this section is
    greater than the amount of the court's judgment, the person shall
    refund the difference.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1655.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56304          46 App.:1242(c) (2d     June 29, 1936, ch. 858,      
                    sentence), (d) (1st     title IX, Sec. 902(c) (2d   
                    par. words after 2d     sentence), (d) (1st par.    
                    comma).                 words after 2d comma); as   
                                            added Aug. 7, 1939, ch. 555,
                                            Sec. 3, 53 Stat. 1256; Aug. 
                                            3, 1956, ch. 929, Secs. 2,  
                                            3, 70 Stat. 985; Pub. L.    
                                            97-31, Sec. 12(131), Aug. 6,
                                            1981, 95 Stat. 165.         
    --------------------------------------------------------------------

      This section is substituted for the source provisions to
    eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 56305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 563 - EMERGENCY ACQUISITION OF VESSELS

-HEAD-
    Sec. 56305. Vessel encumbrances

-STATUTE-
      (a) In General. - The existence of an encumbrance on a vessel
    does not prevent the requisition of the vessel under this chapter.
      (b) Deposit in Treasury. - 
        (1) In general. - If an encumbrance exists, the Secretary of
      Transportation may deposit part of the compensation or advance of
      compensation to be paid under this chapter (but not more than the
      total amount of all encumbrances) in a fund in the Treasury. The
      Secretary shall publish notice of the creation of the fund in the
      Federal Register.
        (2) Availability of amounts deposited. - Amounts deposited in
      the fund shall be available to pay the compensation or any of the
      encumbrances (including encumbrances stipulated to in a court of
      the United States or a State) existing at the time the vessel was
      requisitioned.

      (c) Civil Action. - 
        (1) In general. - Within 6 months after publication of notice
      under subsection (b), the holder of an encumbrance may bring a
      civil action in admiralty, according to the principles of libels
      in rem, against the fund.
        (2) Venue. - The action must be brought in the district court
      of the United States - 
          (A) from whose custody the vessel was or may be
        requisitioned; or
          (B) in whose district the vessel was located when it was
        requisitioned.

        (3) Service of process. - Service of process shall be made on
      the appropriate United States Attorney, the Attorney General, and
      the Secretary, in the manner provided by the Federal Rules of
      Civil Procedure (28 App. U.S.C.). Notice of the action shall be
      given to all interested persons as ordered by the court.
        (4) As between private parties. - The action shall proceed and
      be determined according to the principles of law and the rules of
      practice applicable in like cases between private parties.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1655.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56305          46 App.:1242(d)         June 29, 1936, ch. 858,      
                    (last par.).            title IX, Sec. 902(d) (last 
                                            par.), as added Mar. 24,    
                                            1943, ch. 26, Sec. 3(d), 57 
                                            Stat. 49; Pub. L. 97-31,    
                                            Sec. 12(131), Aug. 6, 1981, 
                                            95 Stat. 165.               
    --------------------------------------------------------------------

      In this section, the words "encumbrance" and "encumbrances" are
    substituted for "any valid claim by way of mortgage or maritime
    claim or attachment lien" and "any valid claim by way of mortgage
    or maritime lien or attachment lien" to eliminate unnecessary
    words.
      In subsection (b)(1), the words "The Secretary shall publish
    notice of the creation of the fund in the Federal Register" are
    added for clarity, based on language barring a civil action not
    brought within 6 months after publication of such a notice.
      In subsection (c)(1), the words "Within 6 months after
    publication of notice under subsection (b)" are substituted for
    "prior to June 30, 1943, or within six months after the first such
    deposit with the Treasurer and publication of notice thereof in the
    Federal Register, whichever date is later" for clarity and to
    eliminate obsolete language.
      Subsection (c)(3) is substituted for "and such suit shall be
    commenced in the manner provided by section 742 of this Appendix
    and service of process shall be made in the manner therein provided
    by service upon the United States attorney and by mailing by
    registered mail to the Attorney General and the Secretary of
    Transportation and due notice shall under order of the court be
    given to all interested persons" because the relevant sentences in
    46 App. U.S.C. 742 were struck by an amendment in 1996. See
    generally Henderson v. United States, 517 U.S. 654, 116 S. Ct. 1638
    (1996).
      In subsection (c)(4), the words "any decree in said suit shall be
    paid out of the first and all subsequent deposits of compensation"
    and "any decree shall be subject to appeal and revision as now
    provided in other cases of admiralty and maritime jurisdiction" are
    omitted as surplus.

-End-



-CITE-
    46 USC Sec. 56306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 563 - EMERGENCY ACQUISITION OF VESSELS

-HEAD-
    Sec. 56306. Use and transfer of vessels

-STATUTE-
      (a) In General. - The Secretary of Transportation may repair,
    recondition, reconstruct, operate, or charter for operation, a
    vessel acquired under this chapter.
      (b) Transfer to Other Agencies. - The Secretary may transfer the
    possession or control of a vessel acquired under this chapter to
    another department or agency of the United States Government on
    terms and conditions approved by the President. The department or
    agency shall promptly reimburse the Secretary for expenditures for
    just compensation, purchase price, charter hire, repairs,
    reconditioning, or reconstruction.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1656.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56306          46 App.:1242(e).        June 29, 1936, ch. 858,      
                                            title IX, Sec. 902(e); as   
                                            added Aug. 7, 1939, ch. 555,
                                            Sec. 3, 53 Stat. 1256; Pub. 
                                            L. 97-31, Sec. 12(131), Aug.
                                            6, 1981, 95 Stat. 165.      
    --------------------------------------------------------------------

      In this section, the word "vessel" is substituted for "property"
    for consistency in the chapter.
      In subsection (b), the words "Such reimbursements shall be
    deposited in the construction fund established by section 1116 of
    this Appendix" are omitted as impliedly repealed by 46 App. U.S.C.
    1119 as amended in 1967.

-End-



-CITE-
    46 USC Sec. 56307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 563 - EMERGENCY ACQUISITION OF VESSELS

-HEAD-
    Sec. 56307. Return of vessels

-STATUTE-
      When a vessel requisitioned for use but not ownership is returned
    to the owner, the Secretary of Transportation shall - 
        (1) return the vessel in a condition at least as good as when
      taken, less ordinary wear and tear; or
        (2) pay the owner an amount sufficient to recondition the
      vessel to that condition, less ordinary wear and tear.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1656.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56307          46 App.:1242(a)         June 29, 1936, ch. 858,      
                    (4th sentence).         title IX, Sec. 902(a) (4th  
                                            sentence), 49 Stat. 2015;   
                                            Pub. L. 97-31, Sec. 12(131),
                                            Aug. 6, 1981, 95 Stat. 165. 
    --------------------------------------------------------------------

      The words "requisitioned for use but not ownership" are
    substituted for "taken and used under authority of this section,
    but the ownership thereof is not required by the United States" to
    eliminate unnecessary words.

-End-


-CITE-
    46 USC CHAPTER 565 - ESSENTIAL VESSELS AFFECTED BY
           NEUTRALITY ACT                                  01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 565 - ESSENTIAL VESSELS AFFECTED BY NEUTRALITY ACT

-HEAD-
        CHAPTER 565 - ESSENTIAL VESSELS AFFECTED BY NEUTRALITY ACT    

-MISC1-
    Sec.                                                     
    56501.      Definition.                                           
    56502.      Adjusting obligations and arranging maintenance.      
    56503.      Types of adjustments and arrangements.                
    56504.      Changes in adjustments and arrangements.              

-End-



-CITE-
    46 USC Sec. 56501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 565 - ESSENTIAL VESSELS AFFECTED BY NEUTRALITY ACT

-HEAD-
    Sec. 56501. Definition

-STATUTE-
      In this chapter, the term "essential vessel" means a vessel that
    is - 
        (1)(A) security for a mortgage indebtedness to the United
      States Government; or
        (B) constructed under this subtitle or required by a contract
      under this subtitle to be operated on a certain essential foreign
      trade route; and
        (2) necessary in the interests of commerce and national defense
      to be maintained in condition for prompt use.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1656.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56501          46 App.:1242a(a).       June 29, 1940, ch. 442,      
                                            subdiv. (a), 54 Stat. 684.  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 56502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 565 - ESSENTIAL VESSELS AFFECTED BY NEUTRALITY ACT

-HEAD-
    Sec. 56502. Adjusting obligations and arranging maintenance

-STATUTE-
      (a) General Authority. - On written application, the Secretary of
    Transportation may adjust obligations and arrange for maintenance
    of an essential vessel as provided in this chapter if the Secretary
    determines, after any investigation or proceeding the Secretary
    considers desirable, that - 
        (1) the operation of the vessel in the service, route, or line
      to which it is assigned under this subtitle, or in which it
      otherwise would be operated, is not - 
          (A) lawful under the Neutrality Act of 1939 (22 U.S.C. 441 et
        seq.) or a proclamation issued under that Act; or
          (B) compatible with maintaining the availability of the
        vessel for national defense and commerce;

        (2) it is not feasible under existing law to employ the vessel
      in any other service or operation in foreign or domestic trade
      (except temporary or emergency operation under section
      56503(b)(5) of this title); and
        (3) the applicant, because of the restrictions of the
      Neutrality Act of 1939 (22 U.S.C. 441 et seq.) or the withdrawal
      of vessels for national defense under paragraph (1), is not
      earning or will not earn a reasonable return on the capital
      necessarily employed in its business.

      (b) Effective Period. - Adjustments and arrangements under
    subsection (a) shall continue in effect only as long as the
    circumstances described in subsection (a) continue to exist.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1657.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56502          46 App.:1242a(b),       June 29, 1940, ch. 442,      
                    (e).                    subdivs. (b), (e), 54 Stat. 
                                            684, 686; Pub. L. 97-31,    
                                            Sec. 12(132), Aug. 6, 1981, 
                                            95 Stat. 165.               
    --------------------------------------------------------------------

      The text of 46 App. U.S.C. 1242a(b) (1st sentence) is omitted as
    surplus. The text of 46 App. U.S.C. 1242a(e) is omitted as
    obsolete.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Neutrality Act of 1939, referred to in subsec. (a)(1)(A),
    (3), is act Nov. 4, 1939, ch. 2, 54 Stat. 4, which is classified
    generally to subchapter II (Sec. 441 et seq.) of chapter 9 of Title
    22, Foreign Relations and Intercourse. For complete classification
    of this Act to the Code, see Short Title note set out under section
    441 of Title 22 and Tables.

-End-



-CITE-
    46 USC Sec. 56503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 565 - ESSENTIAL VESSELS AFFECTED BY NEUTRALITY ACT

-HEAD-
    Sec. 56503. Types of adjustments and arrangements

-STATUTE-
      (a) Suspension Requirements. - An adjustment or arrangement under
    this chapter shall include suspension of - 
        (1) the requirement to operate the vessel in foreign trade
      under the applicable operating-differential or construction-
      differential subsidy contract or mortgage or other agreement;
      and
        (2) the right to operating-differential subsidy for the vessel.

      (b) Discretionary Adjustments and Arrangements. - To the extent
    the Secretary of Transportation considers appropriate to carry out
    the purposes of this subtitle, an adjustment or arrangement under
    this chapter may include any of the following:
        (1) Lay-up of the vessel by the owner or in the custody of the
      Secretary, with payment or reimbursement by the Secretary of
      necessary and proper expenses (including reasonable overhead and
      insurance) or a fixed periodic allowance instead of payment or
      reimbursement.
        (2) Postponement, for not more than the total period of the lay-
      up, of the maturity date of each installment of the principal of
      obligations to the United States Government for the vessel
      (regardless of whether the maturity date is during a lay-up
      period), or rearrangement of those maturities.
        (3) Postponement or cancellation of interest accruing on the
      obligations during a lay-up period.
        (4) Extension, for not more than the total period of the lay-
      up, of the 20-year life limitation for the vessel and other
      limitations and provisions of this subtitle based on a 20-year
      life.
        (5) Provision for temporary or emergency employment of the
      vessel (instead of lay-up) as may be practicable, with such
      arrangements for management of the vessel, payment of expenses,
      and application of the proceeds of the employment, as the
      Secretary may approve, with any period of operation being
      included as part of the lay-up period.
        (6) Payment to the Secretary, on termination of the
      arrangements with the applicant, of the applicant's net profits
      (earned while the arrangements were in effect) in excess of 10
      percent a year on the capital necessarily employed in the
      applicant's business, as reimbursement for obligations postponed
      or canceled and expenses incurred or paid by the Secretary under
      this section.

      (c) Laid-Up Vessels. - Under subsection (b)(6), capital of the
    applicant represented by a vessel of the applicant laid-up or
    operated under this section shall be included in capital
    necessarily employed in the applicant's business. The Secretary may
    require a vessel laid-up or operated under this section to be
    security for reimbursement.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1657.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56503          46 App.:1242a(c).       June 29, 1940, ch. 442,      
                                            subdiv. (c), 54 Stat. 685;  
                                            Pub. L. 97-31, Sec. 12(132),
                                            Aug. 6, 1981, 95 Stat. 165. 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 56504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part E - Control of Merchant Marine Capabilities
    CHAPTER 565 - ESSENTIAL VESSELS AFFECTED BY NEUTRALITY ACT

-HEAD-
    Sec. 56504. Changes in adjustments and arrangements

-STATUTE-
      The Secretary of Transportation may change an adjustment or
    arrangement made under this chapter as the Secretary considers
    necessary to carry out this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1658.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    56504          46 App.:1242a(d).       June 29, 1940, ch. 442,      
                                            subdiv. (d), 54 Stat. 686;  
                                            Pub. L. 97-31, Sec. 12(132),
                                            Aug. 6, 1981, 95 Stat. 165. 
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC Part F - Government-Owned Merchant Vessels           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels

-HEAD-
                PART F - GOVERNMENT-OWNED MERCHANT VESSELS            

-End-


-CITE-
    46 USC CHAPTER 571 - GENERAL AUTHORITY                      01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 571 - GENERAL AUTHORITY

-HEAD-
                      CHAPTER 571 - GENERAL AUTHORITY                  

-MISC1-
    Sec.                                                     
    57101.      Placement of vessels in National Defense Reserve
                 Fleet.                                               
    57102.      Disposition of vessels not worth preserving.          
    57103.      Sale of obsolete vessels in National Defense Reserve
                 Fleet.                                               
    57104.      Acquisition of vessels from sale of obsolete vessels. 
    57105.      Acquisition of vessels for essential services, routes,
                 or lines.                                            
    57106.      Maintenance, improvement, and operation of vessels.   
    57107.      Vessels for other agencies.                           
    57108.      Consideration of ballast and equipment in determining
                 selling price.                                       
    57109.      Operation of vessels purchased, chartered, or leased
                 from Secretary of Transportation.                    

-End-



-CITE-
    46 USC Sec. 57101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 571 - GENERAL AUTHORITY

-HEAD-
    Sec. 57101. Placement of vessels in National Defense Reserve Fleet

-STATUTE-
      (a) In General. - Any vessel acquired by the Maritime
    Administration shall be placed in the National Defense Reserve
    Fleet maintained under section 11 of the Merchant Ship Sales Act of
    1946 (50 App. U.S.C. 1744).
      (b) Removal From Fleet. - A vessel placed in the Fleet under
    subsection (a) may not be traded out or sold from the Fleet, except
    as provided in section 57102, 57103, or 57104 or chapter 533, 537,
    573, or 575 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1658.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57101          46 App.:1160(j).        June 29, 1936, ch. 858,      
                                            title V, Sec. 510(j), as    
                                            added Pub. L. 89-254, Sec.  
                                            2, Oct. 10, 1965, 79 Stat.  
                                            980; Pub. L. 97-31, Sec.    
                                            12(91), Aug. 6, 1981, 95    
                                            Stat. 161.                  
    --------------------------------------------------------------------

      In subsection (a), the words "vessel acquired by the Maritime
    Administration" are subtituted for "vessel heretofore or hereafter
    acquired under this section, or otherwise acquired by the Maritime
    Administration of the Department of Transportation under any other
    authority" to eliminate unnecessary words.
      In subsection (b), the words "except as provided in section
    57102, 57103, or 57104 or chapter 533, 537, 573, or 575 of this
    title" are substituted for "except as provided for in subsections
    (g) and (i) of this section. This limitation shall not affect the
    rights of the Secretary of Transportation to dispose of a vessel as
    provided in other sections of this subchapter or in subchapters VII
    or XI of this chapter" because of the restatement.

-End-



-CITE-
    46 USC Sec. 57102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 571 - GENERAL AUTHORITY

-HEAD-
    Sec. 57102. Disposition of vessels not worth preserving

-STATUTE-
      (a) In General. - If the Secretary of Transportation determines
    that a vessel owned by the Maritime Administration is of
    insufficient value for commercial or military operation to warrant
    its further preservation, the Secretary may scrap the vessel or
    sell the vessel for cash.
      (b) Selling Procedure. - The sale of a vessel under subsection
    (a) shall be made on the basis of competitive sealed bids, after an
    appraisal and due advertisement. The purchaser does not have to be
    a citizen of the United States. The purchaser shall provide a
    surety bond, with a surety approved by the Secretary, to ensure
    that the vessel will not be operated in the foreign trade of the
    United States at any time within 10 years after the sale, in
    competition with a vessel owned by a citizen of the United States
    and documented under the laws of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1658.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57102          46 App.:1158(a).        June 29, 1936, ch. 858,      
                                            title V, Sec. 508(a), 49    
                                            Stat. 2000; Pub. L. 97-31,  
                                            Sec. 12(89), Aug. 6, 1981,  
                                            95 Stat. 161; Pub. L.       
                                            108-136, title XXXV, Sec.   
                                            3512(1), Nov. 24, 2003, 117 
                                            Stat. 1789.                 
    --------------------------------------------------------------------

      In subsection (a), the words "vessel owned by the Maritime
    Administration" are substituted for "vessel transferred to the
    Maritime Administration of the Department of Transportation by
    section 1112 of this Appendix, or hereafter acquired" to eliminate
    unnecessary words.
      In subsection (b), the words "The sale of a vessel under section
    (a) shall be made on the basis of competitive sealed bids, after an
    appraisal and due advertisement. The purchaser does not have to be
    a citizen of the United States." are substituted for "after
    appraisement and due advertisement, and upon competitive sealed
    bids, either to citizens of the United States or to aliens" for
    clarity. The words "provide a surety bond, with a surety approved
    by the Secretary, to ensure that" are substituted for "enter into
    an undertaking with sureties approved by the Secretary of
    Transportation that" for clarity.

-End-



-CITE-
    46 USC Sec. 57103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 571 - GENERAL AUTHORITY

-HEAD-
    Sec. 57103. Sale of obsolete vessels in National Defense Reserve
      Fleet

-STATUTE-
      (a) In General. - The Secretary of Transportation may convey the
    right, title, and interest of the United States Government in any
    vessel of the National Defense Reserve Fleet that has been
    identified by the Secretary as an obsolete vessel of insufficient
    value to warrant its further preservation, if the recipient - 
        (1) is a non-profit organization, a State, or a municipal
      corporation or political subdivision of a State;
        (2) agrees not to use, or allow others to use, the vessel for
      commercial transportation purposes;
        (3) agrees to make the vessel available to the Government
      whenever the Secretary indicates that it is needed by the
      Government;
        (4) agrees to hold the Government harmless for any claims
      arising from exposure to asbestos, polychlorinated biphenyls,
      lead paint, or other hazardous substances after conveyance of the
      vessel, except for claims arising from use of the vessel by the
      Government;
        (5) has a conveyance plan and a business plan that describes
      the intended use of the vessel, each of which has been submitted
      to and approved by the Secretary;
        (6) has provided proof, as determined by the Secretary, of
      resources sufficient to accomplish the transfer, necessary
      repairs and modifications, and initiation of the intended use of
      the vessel; and
        (7) agrees that when the recipient no longer requires the
      vessel for use as described in the business plan required under
      paragraph (5) - 
          (A) the recipient will, at the discretion of the Secretary,
        reconvey the vessel to the Government in good condition except
        for ordinary wear and tear; or
          (B) if the Board of Trustees of the recipient has decided to
        dissolve the recipient according to the laws of the State in
        which the recipient is incorporated, then - 
            (i) the recipient shall distribute the vessel, as an asset
          of the recipient, to a person that has been determined exempt
          from taxation under section 501(c)(3) of the Internal Revenue
          Code of 1986 (26 U.S.C. 501(c)(3)), or to the Federal
          Government or a State or local government for a public
          purpose; and
            (ii) the vessel shall be disposed of by a court of
          competent jurisdiction of the county in which the principal
          office of the recipient is located, for such purposes as the
          court shall determine, or to such organizations as the court
          shall determine are organized exclusively for public
          purposes.

      (b) Other Equipment. - At the Secretary's discretion, additional
    equipment from other obsolete vessels of the Fleet may be conveyed
    to assist the recipient with maintenance, repairs, or
    modifications.
      (c) Additional Terms. - The Secretary may require any additional
    terms the Secretary considers appropriate.
      (d) Delivery of Vessel. - If conveyance is made under this
    section, the vessel shall be delivered to the recipient at a time
    and place to be determined by the Secretary. The vessel shall be
    conveyed in an "as is" condition.
      (e) Limitations. - If at any time prior to delivery of the vessel
    to the recipient, the Secretary determines that a different
    disposition of the vessel would better serve the interests of the
    Government, the Secretary shall pursue the more favorable
    disposition of the obsolete vessel and shall not be liable for any
    damages that may result from an intended recipient's reliance upon
    a proposed transfer.
      (f) Reversion. - The Secretary shall include in any conveyance
    under this section terms under which all right, title, and interest
    conveyed by the Secretary shall revert to the Government if the
    Secretary determines the vessel has been used other than as
    described in the business plan required under subsection (a)(5).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1659.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57103          46 App.:1158(b).        June 29, 1936, ch. 858,      
                                            title V, Sec. 508(b), as    
                                            added Pub. L. 108-136, title
                                            XXXV, Sec. 3512(2), Nov. 24,
                                            2003, 117 Stat. 1789.       
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the words
    "Notwithstanding section 1160(j) of this title" are omitted as
    unnecessary because section 46 App. U.S.C. 1160(j) is restated in
    section 57101 of the revised title and that section contains an
    exception which includes this section. In paragraph (1), the words
    "Commonwealth, or possession of the United States" and "or the
    District of Columbia" are omitted as unnecessary because of the
    definition of "State" in chapter 1 of the revised title.

-End-



-CITE-
    46 USC Sec. 57104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 571 - GENERAL AUTHORITY

-HEAD-
    Sec. 57104. Acquisition of vessels from sale of obsolete vessels

-STATUTE-
      (a) In General. - The Secretary of Transportation may acquire
    suitable documented vessels with amounts in the Vessel Operations
    Revolving Fund derived from the sale of obsolete vessels in the
    National Defense Reserve Fleet.
      (b) Valuation. - The acquired and obsolete vessels shall be
    valued at their scrap value in domestic or foreign markets as of
    the date of the acquisition for or sale from the Fleet. However,
    the value assigned to those vessels shall be determined on the same
    basis, with consideration given to the fair value of the cost of
    moving the vessel sold from the Fleet to the place of scrapping.
      (c) Costs Incident to Lay-Up. - Costs incident to the lay-up of
    the vessel acquired under this section may be paid from amounts in
    the Fund.
      (d) Transfers to Non-Citizens. - A vessel sold from the Fleet
    under this section may be scrapped in an approved foreign market
    without obtaining additional separate approval from the Secretary
    to transfer the vessel to a person not a citizen of the United
    States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1660.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57104          46 App.:1160(i).        June 29, 1936, ch. 858,      
                                            title V, Sec. 510(i), as    
                                            added Pub. L. 86-575, July  
                                            5, 1960, 74 Stat. 312; Pub. 
                                            L. 89-254, Sec. 1, Oct. 10, 
                                            1965, 79 Stat. 980; Pub. L. 
                                            91-469, Sec. 13, Oct. 21,   
                                            1970, 84 Stat. 1022; Pub. L.
                                            93-605, Sec. 1, Jan. 2,     
                                            1975, 88 Stat. 1965; Pub. L.
                                            95-177, Nov. 15, 1977, 91   
                                            Stat. 1368; Pub. L. 97-31,  
                                            Sec. 12(91), Aug. 6, 1981,  
                                            95 Stat. 161; Pub. L.       
                                            101-595, title VII, Sec.    
                                            704, Nov. 16, 1990, 104     
                                            Stat. 2994.                 
    --------------------------------------------------------------------

      In subsection (b), the words "vessel sold from the Fleet" are
    substituted for "traded-out vessel" for clarity and consistency.
      In subsection (d), the words "without obtaining additional
    separate approval from the Secretary to transfer the vessel to a
    person not a citizen of the United States" are substituted for
    "Notwithstanding the provisions of sections 808 and 835 of this
    Appendix" for clarity and to avoid the cross references.

-End-



-CITE-
    46 USC Sec. 57105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 571 - GENERAL AUTHORITY

-HEAD-
    Sec. 57105. Acquisition of vessels for essential services, routes,
      or lines

-STATUTE-
      (a) In General. - The Secretary of Transportation may acquire a
    vessel, by purchase or otherwise, if - 
        (1) the Secretary considers the vessel necessary to establish,
      maintain, improve, or serve as a replacement on an essential
      service, route, or line in the foreign commerce of the United
      States, as determined under section 50103 of this title;
        (2) the vessel was constructed in the United States; and
        (3) the Secretary of the Navy has certified to the Secretary of
      Transportation that the vessel is suitable for economical and
      speedy conversion into a naval or military auxiliary or otherwise
      suitable for use by the United States Government in time of war
      or national emergency.

      (b) Price. - The price paid for the vessel shall be based on a
    fair and reasonable valuation. However, the price may not exceed by
    more than 5 percent the cost of the vessel to the owner (excluding
    any construction-differential subsidy and the cost of national
    defense features paid by the Secretary of Transportation) plus the
    actual cost previously expended for reconditioning, less
    depreciation based on a 25-year life for a dry-cargo or passenger
    vessel and a 20-year life for a tanker or other liquid bulk carrier
    vessel.
      (c) Documentation. - A vessel acquired under this section that is
    not documented under the laws of the United States at the time of
    acquisition shall be so documented as soon as practicable.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1660.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57105          46 App.:1125.           June 29, 1936, ch. 858,      
                                            title II, Sec. 215, as added
                                            June 23, 1938, ch. 600, Sec.
                                            4, 52 Stat. 954; Pub. L.    
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            97-31, Sec. 12(73), Aug. 6, 
                                            1981, 95 Stat. 160.         
                   46 App.:1125 note.      Pub. L. 86-518, Sec. 9, June 
                                            12, 1960, 74 Stat. 217.     
    --------------------------------------------------------------------

      In subsection (a), the words "and to pay for the same out of his
    construction fund" are omitted as obsolete because the construction
    fund established under 46 App. U.S.C. 1116 was impliedly abolished
    by 46 App. U.S.C. 1119, as amended.
      In subsection (b), the words "less depreciation based on a 25-
    year life for a dry-cargo or passenger vessel and a 20-year life
    for a tanker or other liquid bulk carrier vessel" are substituted
    for "less depreciation based upon a twenty-five year life
    expectancy of the vessel" because of section 9 of Public Law 86-518
    (June 12, 1960, 74 Stat. 217), which provided that "Nothing in any
    amendment made by this Act [including section 1 substituting
    'twenty-five' for 'twenty' in 46 App. U.S.C. 1125] shall operate or
    be interpreted to change from twenty to twenty-five years the
    provisions of the Merchant Marine Act, 1936, as amended, relating
    to the commercial expectancy or period of depreciation of any
    tanker or other liquid bulk carrier."

-End-



-CITE-
    46 USC Sec. 57106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 571 - GENERAL AUTHORITY

-HEAD-
    Sec. 57106. Maintenance, improvement, and operation of vessels

-STATUTE-
      (a) In General. - The Secretary of Transportation may maintain,
    repair, recondition, remodel, and improve vessels owned by the
    United States Government and in the possession or under the control
    of the Secretary, to equip them adequately for competition in the
    foreign trade of the United States. The Secretary may operate such
    a vessel or charter the vessel on terms and conditions the
    Secretary considers appropriate to carry out the purposes of this
    subtitle.
      (b) Documentation and Restrictions on Operation. - A vessel
    reconditioned, remodeled, or improved under subsection (a) shall be
    documented under the laws of the United States and remain so
    documented for at least 5 years after completion of the
    reconditioning, remodeling, or improvement. During that period, it
    shall be operated on voyages that are not exclusively coastwise.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1661.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57106          46 App.:871.            June 5, 1920, ch. 250, Sec.  
                                            12, 41 Stat. 993; June 6,   
                                            1924, ch. 273, Sec. 2, 43   
                                            Stat. 468; Feb. 11, 1927,   
                                            ch. 104, Sec. 1 (last par.  
                                            under heading "United States
                                            Shipping Board"), 44 Stat.  
                                            1083; Exec. Order No. 6166, 
                                            Sec. 12, eff. June 10, 1933;
                                            June 29, 1936, ch. 858,     
                                            title II, Sec. 204, title   
                                            IX, Sec. 904, 49 Stat. 1987,
                                            2016; Pub. L. 97-31, Sec.   
                                            12(43), Aug. 6, 1981, 95    
                                            Stat. 157.                  
                   46 App.:891b.           May 22, 1928, ch. 675, title 
                                            II, Sec. 202, 45 Stat. 690; 
                                            Exec. Order No. 6166, Sec.  
                                            12, eff. June 10, 1933; June
                                            29, 1936, ch. 858, title II,
                                            Sec. 204, title IX, Sec.    
                                            904, 49 Stat. 1987, 2016;   
                                            Pub. L. 97-31, Sec. 12(51), 
                                            Aug. 6, 1981, 95 Stat. 157. 
    --------------------------------------------------------------------

      This section is substituted for the source provisions to
    eliminate obsolete and unnecessary provisions.

-End-



-CITE-
    46 USC Sec. 57107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 571 - GENERAL AUTHORITY

-HEAD-
    Sec. 57107. Vessels for other agencies

-STATUTE-
      (a) In General. - The Secretary of Transportation may construct,
    reconstruct, repair, equip, and outfit, by contract or otherwise,
    vessels or parts thereof, for any other department or agency of the
    United States Government to the extent the other department or
    agency is authorized by law to do so for its own account.
      (b) Effect on Contract Authorization. - An obligation incurred or
    expenditure made by the Secretary under this section does not
    affect any contract authorization of the Secretary, but instead
    shall be charged against the existing appropriation or contract
    authorization of the department or agency.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1661.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57107          46 App.:1125a.          Feb. 6, 1941, ch. 5, Sec. 4, 
                                            55 Stat. 6; Pub. L. 97-31,  
                                            Sec. 12(74), Aug. 6, 1981,  
                                            95 Stat. 160.               
    --------------------------------------------------------------------

      In subsection (b), the words "heretofore or hereafter", "diminish
    or otherwise", and "and, to the amount of such obligation or
    expenditure, diminish" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 57108                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 571 - GENERAL AUTHORITY

-HEAD-
    Sec. 57108. Consideration of ballast and equipment in determining
      selling price

-STATUTE-
      The Maritime Administration may not sell a vessel until its
    ballast and equipment have been inventoried and their value
    considered in determining the selling price of the vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1661.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57108          46 App.:864b.           June 29, 1949, ch. 281, Sec. 
                                            1 (proviso), 63 Stat. 349;  
                                            Pub. L. 97-31, Sec. 12(36), 
                                            Aug. 6, 1981, 95 Stat. 156. 
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 57109                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 571 - GENERAL AUTHORITY

-HEAD-
    Sec. 57109. Operation of vessels purchased, chartered, or leased
      from Secretary of Transportation

-STATUTE-
      Unless otherwise authorized by the Secretary of Transportation, a
    vessel purchased, chartered, or leased from the Secretary may be
    operated only under a certificate of documentation with a registry
    or coastwise endorsement. Such a vessel, while employed solely as a
    merchant vessel, is subject to the laws, regulations, and
    liabilities governing merchant vessels, whether the United States
    Government has an interest in the vessel as an owner or holds a
    mortgage, lien, or other interest.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1661.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57109          46 App.:808(b).         Sept. 7, 1916, ch. 451, Sec. 
                                            9(b), 39 Stat. 730; July 15,
                                            1918, ch. 152, Sec. 3, 40   
                                            Stat. 900; restated June 5, 
                                            1920, ch. 250, Sec. 18, 41  
                                            Stat. 994; Ex. Ord. No.     
                                            6166, Sec. 12, eff. June 10,
                                            1933; June 29, 1936, ch.    
                                            858, title II, Sec. 204,    
                                            title IX, Sec. 904, 49 Stat.
                                            1987, 2016; Pub. L. 97-31,  
                                            Sec. 12(26), Aug. 6, 1981,  
                                            95 Stat. 155; Pub. L.       
                                            100-710, title I, Sec.      
                                            104(b)(2), Nov. 23, 1988,   
                                            102 Stat. 4750.             
    --------------------------------------------------------------------

      The words "only under a certificate of documentation with a
    registry or coastwise endorsement" are substituted for "only under
    such registry or enrollment and license" for clarity and to use the
    appropriate current language.

-End-


-CITE-
    46 USC CHAPTER 573 - VESSEL TRADE-IN PROGRAM                01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 573 - VESSEL TRADE-IN PROGRAM

-HEAD-
                   CHAPTER 573 - VESSEL TRADE-IN PROGRAM               

-MISC1-
    Sec.                                                     
    57301.      Definitions.                                          
    57302.      Authority to acquire vessels.                         
    57303.      Utility value and tonnage requirements.               
    57304.      Eligible acquisition dates.                           
    57305.      Determination of trade-in allowance.                  
    57306.      Payment of trade-in allowance.                        
    57307.      Recognition of gain for tax purposes.                 
    57308.      Use of vessels at least 25 years old.                 

-End-



-CITE-
    46 USC Sec. 57301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 573 - VESSEL TRADE-IN PROGRAM

-HEAD-
    Sec. 57301. Definitions

-STATUTE-
      In this chapter:
        (1) New vessel. - The term "new vessel" means a vessel - 
          (A) constructed under this subtitle and acquired within 2
        years after the date of completion; or
          (B) constructed in a domestic shipyard on private account and
        not under this subtitle, and documented under the laws of the
        United States.

        (2) Obsolete vessel. - The term "obsolete vessel" means a
      vessel that - 
          (A) is of at least 1,350 gross tons;
          (B) the Secretary of Transportation believes should, because
        of its age, obsolescence, or other reasons, be replaced in the
        public interest; and
          (C) has been owned by a citizen of the United States for at
        least 3 years immediately before its acquisition under this
        chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1662.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57301          46 App.:1160(a).        June 29, 1936, ch. 858,      
                                            title V, Sec. 510(a), as    
                                            added Aug. 4, 1939, ch. 417,
                                            Sec. 7, 53 Stat. 1183; July 
                                            17, 1952, ch. 939, Sec. 7,  
                                            66 Stat. 762; Pub. L.       
                                            85-332, Feb. 20, 1958, 72   
                                            Stat. 17; Pub. L. 87-755,   
                                            Oct. 5, 1962, 76 Stat. 751; 
                                            Pub. L. 91-469, Sec. 12(a), 
                                            Oct. 21, 1970, 84 Stat.     
                                            1022; Pub. L. 97-31, Sec.   
                                            12(91), Aug. 6, 1981, 95    
                                            Stat. 161.                  
    --------------------------------------------------------------------

      In paragraph (1)(A), the words "or is purchased under section
    1204 of this Appendix, as amended, by the person turning in an
    obsolete vessel under this section" are omitted because the
    purchase authority under 46 App. U.S.C. 1204 was impliedly repealed
    by section 14 of the Merchant Ship Sales Act of 1946 (50 App.
    U.S.C. 1735 note).

-End-



-CITE-
    46 USC Sec. 57302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 573 - VESSEL TRADE-IN PROGRAM

-HEAD-
    Sec. 57302. Authority to acquire vessels

-STATUTE-
      To promote the construction of new, safe, and efficient vessels
    to carry the domestic and foreign waterborne commerce of the United
    States, the Secretary of Transportation may acquire an obsolete
    vessel in exchange for an allowance of credit toward the cost of
    construction or purchase of a new vessel as provided in this
    chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1662.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57302          46 App.:1160(b)         June 29, 1936, ch. 858,      
                    (1st, last              title V, Sec. 510(b) (1st,  
                    sentences).             last sentences), as added   
                                            Aug. 4, 1939, ch. 417, Sec. 
                                            7, 53 Stat. 1184; Pub. L.   
                                            87-401, subdiv. (1), Oct. 5,
                                            1961, 75 Stat. 833; Pub. L. 
                                            91-469, Sec. 35(a), Oct. 21,
                                            1970, 84 Stat. 1035; Pub. L.
                                            97-31, Sec. 12(91), Aug. 6, 
                                            1981, 95 Stat. 161.         
    --------------------------------------------------------------------

      The words "toward the cost of construction or purchase of a new
    vessel" are added for clarity. The text of 46 App. U.S.C. 1160(b)
    (last sentence) is omitted as obsolete.

-End-



-CITE-
    46 USC Sec. 57303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 573 - VESSEL TRADE-IN PROGRAM

-HEAD-
    Sec. 57303. Utility value and tonnage requirements

-STATUTE-
      (a) Utility Value. - The utility value of a new vessel to be
    acquired under this chapter for operation in the domestic or
    foreign commerce of the United States may not be substantially less
    than that of the obsolete vessel acquired in exchange under this
    chapter.
      (b) Tonnage. - If the Secretary of Transportation finds that the
    new vessel will have a utility value at least equal to that of the
    obsolete vessel, the new vessel may be of lesser gross tonnage than
    the obsolete vessel. However, the gross tonnage of the new vessel
    must be at least one-third the gross tonnage of the obsolete
    vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1662.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57303          46 App.:1160(c).        June 29, 1936, ch. 858,      
                                            title V, Sec. 510(c), as    
                                            added Aug. 4, 1939, ch. 417,
                                            Sec. 7, 53 Stat. 1184; Pub. 
                                            L. 97-31, Sec. 12(91), Aug. 
                                            6, 1981, 95 Stat. 161.      
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 57304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 573 - VESSEL TRADE-IN PROGRAM

-HEAD-
    Sec. 57304. Eligible acquisition dates

-STATUTE-
      At the option of the owner, the acquisition of an obsolete vessel
    under this chapter shall occur - 
        (1) when the owner contracts for the construction or purchase
      of a new vessel; or
        (2) within 5 days of the actual date of delivery of the new
      vessel to the owner.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1662.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57304          46 App.:1160(b) (2d     June 29, 1936, ch. 858,      
                    sentence).              title V, Sec. 510(b) (2d    
                                            sentence), as added Aug. 4, 
                                            1939, ch. 417, Sec. 7, 53   
                                            Stat. 1184; Pub. L. 87-401, 
                                            subdiv. (1), Oct. 5, 1961,  
                                            75 Stat. 833; Pub. L.       
                                            91-469, Sec. 35(a), Oct. 21,
                                            1970, 84 Stat. 1035; Pub. L.
                                            97-31, Sec. 12(91), Aug. 6, 
                                            1981, 95 Stat. 161.         
    --------------------------------------------------------------------

      The words "At the option of the owner" are substituted for "if
    the owner so requests" for clarity.

-End-



-CITE-
    46 USC Sec. 57305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 573 - VESSEL TRADE-IN PROGRAM

-HEAD-
    Sec. 57305. Determination of trade-in allowance

-STATUTE-
      (a) In General. - The Secretary of Transportation shall determine
    the trade-in allowance for an obsolete vessel at the time of
    acquisition of the vessel. The allowance shall be the fair value of
    the vessel. In determining the value, the Secretary shall consider -
     
        (1) the scrap value of the obsolete vessel in American and
      foreign markets;
        (2) the depreciated value based on a 20-year or 25-year life,
      whichever applies to the obsolete vessel; and
        (3) the market value of the obsolete vessel for operation in
      world commerce or in the domestic or foreign commerce of the
      United States.

      (b) Use of Obsolete Vessels. - If acquisition of the obsolete
    vessel occurs when the owner contracts for the construction of the
    new vessel, and the owner uses the obsolete vessel during the
    period of construction of the new vessel, the Secretary shall
    reduce the trade-in allowance by an amount representing the fair
    value of that use. The Secretary shall establish the rate for use
    of the obsolete vessel when the contract for construction of the
    new vessel is made.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1663.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57305(a)       46 App.:1160(b) (3d     June 29, 1936, ch. 858,      
                    sentence), (d)          title V, Sec. 510(b) (3d    
                    (1st, 2d sentences).     sentence), (d), as added    
                                            Aug. 4, 1939, ch. 417, Sec. 
                                            7, 53 Stat. 1184; July 17,  
                                            1952, ch. 939, Sec. 8, 66   
                                            Stat. 762; Pub. L. 86-518,  
                                            Sec. 1, June 12, 1960, 74   
                                            Stat. 216; Pub. L. 87-401,  
                                            Oct. 5, 1961, 75 Stat. 833; 
                                            Pub. L. 91-469, Sec. 35(a), 
                                            Oct. 21, 1970, 84 Stat.     
                                            1035; Pub. L. 97-31, Sec.   
                                            12(91), Aug. 6, 1981, 95    
                                            Stat. 161.                  
    57305(b)       46 App.:1160(d)                                      
                    (3d, last                                           
                    sentences).                                         
    --------------------------------------------------------------------

      In subsection (a), the words "fair value" are substituted for
    "fair and reasonable value" to eliminate unnecessary words. In
    paragraph (3), the word "commerce" is substituted for "trade" for
    consistency in the chapter.
      In subsection (b), the words "for the entire period of such use"
    are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 57306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 573 - VESSEL TRADE-IN PROGRAM

-HEAD-
    Sec. 57306. Payment of trade-in allowance

-STATUTE-
      (a) Acquisition at Time of Contract. - If acquisition of an
    obsolete vessel under this chapter occurs when the owner contracts
    for the construction or purchase of the new vessel, the Secretary
    of Transportation shall apply the trade-in allowance to the
    purchase price of the new vessel rather than paying it to the
    owner. If the new vessel is constructed under this subtitle, the
    Secretary may apply the trade-in allowance to the required cash
    payments on terms and conditions the Secretary may prescribe. If
    the new vessel is not constructed under this subtitle, the
    Secretary shall pay the trade-in allowance to the builder of the
    vessel for the account of the owner when the Secretary acquires the
    obsolete vessel.
      (b) Acquisition at Time of Delivery. - If acquisition of the
    obsolete vessel occurs when the new vessel is delivered to the
    owner, the Secretary shall deposit the trade-in allowance in the
    owner's capital construction fund.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1663.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57306          46 App.:1160(b)         June 29, 1936, ch. 858,      
                    (4th-7th sentences).     title V, Sec. 510(b)        
                                            (4th-7th sentences), as     
                                            added Aug. 4, 1939, ch. 417,
                                            Sec. 7, 53 Stat. 1184; Pub. 
                                            L. 87-401, subdiv. (1), Oct.
                                            5, 1961, 75 Stat. 833; Pub. 
                                            L. 91-469, Secs. 12(b),     
                                            35(a), Oct. 21, 1970, 84    
                                            Stat. 1022, 1035; Pub. L.   
                                            97-31, Sec. 12(91), Aug. 6, 
                                            1981, 95 Stat. 161.         
    --------------------------------------------------------------------

      In subsection (b), the words "acquisition of the obsolete vessel
    occurs" are substituted for "title to the obsolete vessel is
    acquired" for consistency in the chapter.

-End-



-CITE-
    46 USC Sec. 57307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 573 - VESSEL TRADE-IN PROGRAM

-HEAD-
    Sec. 57307. Recognition of gain for tax purposes

-STATUTE-
      The owner of an obsolete vessel does not recognize a gain under
    the Federal income tax laws when the vessel is transferred to the
    Secretary of Transportation in exchange for a trade-in allowance
    under this chapter. The basis of the new vessel acquired with the
    allowance is the same as the basis of the obsolete vessel - 
        (1) increased by the difference between the cost of the new
      vessel and the trade-in allowance of the obsolete vessel; and
        (2) decreased by the amount of loss recognized on the transfer.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1663.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57307          46 App.:1160(e).        June 29, 1936, ch. 858,      
                                            title V, Sec. 510(e), as    
                                            added Aug. 4, 1939, ch. 417,
                                            Sec. 7, 53 Stat. 1184; Pub. 
                                            L. 97-31, Sec. 12(91), Aug. 
                                            6, 1981, 95 Stat. 161.      
    --------------------------------------------------------------------

      The words "for gain or loss upon a sale or exchange and for
    depreciation under the applicable Federal income-tax laws" and "or
    vessels exchanged for credit upon the acquisition of such new
    vessel" are omitted as unnecessary. In paragraph (1), the words
    "the difference between the cost of the new vessel and the trade-in
    allowance of the obsolete vessel" are substituted for "the amount
    of the cost of such vessel (other than the cost represented by such
    obsolete vessel or vessels)" for clarity.

-End-



-CITE-
    46 USC Sec. 57308                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 573 - VESSEL TRADE-IN PROGRAM

-HEAD-
    Sec. 57308. Use of vessels at least 25 years old

-STATUTE-
      An obsolete vessel acquired under this chapter that is or becomes
    at least 25 years old may not be used for commercial operation.
    However, the vessel may be used - 
        (1) during a period in which vessels may be requisitioned under
      chapter 563 of this title; or
        (2) except as otherwise provided in this subtitle, on trade
      routes serving only the foreign trade of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1664.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57308          46 App.:1160(g).        June 29, 1936, ch. 858,      
                                            title V, Sec. 510(g), as    
                                            added Aug. 4, 1939, ch. 417,
                                            Sec. 7, 53 Stat. 1185; Pub. 
                                            L. 86-518, Sec. 1, June 12, 
                                            1960, 74 Stat. 216; Pub. L. 
                                            97-31, Sec. 12(91), Aug. 6, 
                                            1981, 95 Stat. 161.         
    --------------------------------------------------------------------

      The words "and vessels presently in the Secretary's laid-up fleet
    which are or become twenty-five years old or more" and "or any such
    vessel in the laid-up fleet" are omitted as obsolete. In paragraph
    (2), the words "for the employment of the Secretary's vessels in
    steamship lines" are omitted as unnecessary.

-End-


-CITE-
    46 USC CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF
           VESSELS                                         01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS

-HEAD-
         CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS     


-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    57501.      Completion of long-range program.                     
    57502.      Construction, reconditioning, and remodeling of
                 vessels.                                             
    57503.      Competitive bidding.                                  
    57504.      Charter or sale of vessels acquired by Department of
                 Transportation.                                      
    57505.      Employment of vessels on foreign trade routes.        
    57506.      Minimum selling price of vessels.                     

                         SUBCHAPTER II - CHARTERS                     
    57511.      Demise charters.                                      
    57512.      Competitive bidding.                                  
    57513.      Minimum bid.                                          
    57514.      Qualifications of bidders.                            
    57515.      Awarding of charters.                                 
    57516.      Operating-differential subsidies.                     
    57517.      Recovery of excess profits.                           
    57518.      Performance bond.                                     
    57519.      Insurance.                                            
    57520.      Vessel maintenance.                                   
    57521.      Termination of charter during national emergency.     

                      SUBCHAPTER III - MISCELLANEOUS                  
    57531.      Construction and charter of vessels for unsuccessful
                 routes.                                              
    57532.      Operation of experimental vessels.                    

-End-


-CITE-
    46 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-



-CITE-
    46 USC Sec. 57501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 57501. Completion of long-range program

-STATUTE-
      Whenever the Secretary of Transportation determines that the
    objectives and policies declared in sections 50101 and 50102 of
    this title cannot be fully realized within a reasonable time under
    titles V and VI of the Merchant Marine Act, 1936, and the President
    approves the determination, the Secretary, in accordance with this
    chapter, shall complete the long-range program described in section
    50102 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1664.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57501          46 App.:1191.           June 29, 1936, ch. 858,      
                                            title VII, Sec. 701, 49     
                                            Stat. 2008; Pub. L. 97-31,  
                                            Sec. 12(103), Aug. 6, 1981, 
                                            95 Stat. 162.               
    --------------------------------------------------------------------

      The words "find and", "finding and", "in whole or in part", and
    "previously adopted" are omitted as unnecessary. The word "shall"
    is substituted for "is authorized and directed to" to eliminate
    unnecessary words.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Merchant Marine Act, 1936, referred to in text, is act June
    29, 1936, ch. 858, 49 Stat. 1985. Titles V and VI of the Act
    enacted provisions set out as notes under section 53101 of this
    title. For complete classification of this Act to the Code, see
    Short Title of 1936 Amendment note set out under section 101 of
    this title and Tables.

-End-



-CITE-
    46 USC Sec. 57502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 57502. Construction, reconditioning, and remodeling of vessels

-STATUTE-
      (a) In General. - The Secretary of Transportation may have new
    vessels constructed, and have old vessels reconditioned or
    remodeled, as the Secretary determines necessary to carry out the
    objectives of this subtitle.
      (b) Place of Work. - Construction, reconditioning, and remodeling
    of vessels under subsection (a) shall take place in shipyards in
    the continental United States (including Alaska and Hawaii).
    However, if satisfactory contracts cannot be obtained from private
    shipbuilders, the Secretary may have the work done in navy yards.
      (c) Applicability of Construction-Differential Subsidy
    Provisions. - Contracts for the construction, reconstruction, or
    reconditioning of a vessel by a private shipbuilder under this
    chapter are subject to the provisions of title V of the Merchant
    Marine Act, 1936, applicable to a contract with a private
    shipbuilder for the construction of a vessel under title V of that
    Act.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1664.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57502(a),      46 App.:1192.           June 29, 1936, ch. 858,      
     (b)                                    title VII, Sec. 702, 49     
                                            Stat. 2008; Pub. L. 85-191, 
                                            Aug. 28, 1957, 71 Stat. 471;
                                            Pub. L. 86-624, Sec. 35(c), 
                                            July 12, 1960, 74 Stat. 421;
                                            Pub. L. 97-31, Sec. 12(104),
                                            Aug. 6, 1981, 95 Stat. 162. 
    57502(c)       46 App.:1193(b).        June 29, 1936, ch. 858,      
                                            title VII, Sec. 703(b), 49  
                                            Stat. 2008.                 
    --------------------------------------------------------------------

      In subsection (b), the words "for such new construction or
    reconstruction, in accordance with the provisions of this chapter"
    are omitted as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Merchant Marine Act, 1936, referred to in subsec. (c), is act
    June 29, 1936, ch. 858, 49 Stat. 1985. Title V of the Act enacted
    provisions set out as notes under section 53101 of this title. For
    complete classification of this Act to the Code, see Short Title of
    1936 Amendment note set out under section 101 of this title and
    Tables.

-End-



-CITE-
    46 USC Sec. 57503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 57503. Competitive bidding

-STATUTE-
      (a) Advertisement and Bidding. - The Secretary of Transportation
    may make a contract with a private shipbuilder for the construction
    of a new vessel, or for the reconstruction or reconditioning of an
    existing vessel, only after due advertisement and upon sealed
    competitive bids.
      (b) Opening of Bids. - Bids required under this section shall be
    opened at the time and place stated in the advertisement for bids.
    All interested persons, including representatives of the press,
    shall be permitted to attend. The results of the bidding shall be
    publicly announced.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1665.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57503(a)       46 App.:1193(a).        June 29, 1936, ch. 858,      
                                            title VII, Sec. 703(a), (c) 
                                            (related to construction,   
                                            reconstruction, or          
                                            reconditioning), 49 Stat.   
                                            2008; Pub. L. 97-31, Sec.   
                                            12(105), Aug. 6, 1981, 95   
                                            Stat. 163.                  
    57503(b)       46 App.:1193(c)                                      
                    (related to                                         
                    construction,                                       
                    reconstruction, or                                  
                    reconditioning).                                    
    --------------------------------------------------------------------

      In subsection (b), the words "Bids required under this section"
    are substituted for "All bids required by the Secretary of
    Transportation for the construction, reconstruction, or
    reconditioning of vessels" to eliminate unnecessary words. The word
    "hour" is omitted as covered by "time".

-End-



-CITE-
    46 USC Sec. 57504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 57504. Charter or sale of vessels acquired by Department of
      Transportation

-STATUTE-
      Vessels transferred to or otherwise acquired by the Department of
    Transportation in any manner may be chartered or sold by the
    Secretary of Transportation as provided in this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1665.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57504          46 App.:1194.           June 29, 1936, ch. 858,      
                                            title VII, Sec. 704, 49     
                                            Stat. 2008; Apr. 1, 1937,   
                                            ch. 64, 50 Stat. 57; Pub. L.
                                            97-31, Sec. 12(106), Aug. 6,
                                            1981, 95 Stat. 163.         
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 57505                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 57505. Employment of vessels on foreign trade routes

-STATUTE-
      (a) In General. - The Secretary of Transportation shall arrange
    for the employment of the Department of Transportation's vessels in
    steamship lines on such trade routes, exclusively serving the
    foreign trade of the United States, as the Secretary determines are
    essential for the development and maintenance of the commerce of
    the United States and the national defense. However, the Secretary
    shall first determine that those routes are not being adequately
    served by existing steamship lines privately owned and operated by
    citizens of the United States and documented under the laws of the
    United States.
      (b) Policy To Encourage Private Operation. - The Secretary shall
    have a policy of encouraging private operation of each essential
    steamship line now owned by the United States Government by - 
        (1) selling the line to a citizen of the United States; or
        (2) demising the Secretary's vessels on bareboat charter to
      citizens of the United States who agree to maintain the line in
      the manner provided in this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1665.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57505(a)       46 App.:1195 (1st       June 29, 1936, ch. 858,      
                    sentence).              title VII, Sec. 705 (1st, 2d
                                            sentences), 49 Stat. 2009;  
                                            Pub. L. 97-31, Sec. 12(107),
                                            Aug. 6, 1981, 95 Stat. 163. 
    57505(b)       46 App.:1195 (2d                                     
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (a), the words "As soon as practicable after June
    29, 1936, and continuing thereafter" are omitted as obsolete. The
    words "However, the Secretary shall first determine that those
    routes are not being adequately served" are substituted for
    "Provided, That such needs are not being adequately served" for
    clarity and because provisos are disfavored in modern drafting.
      In subsection (b)(1), the words "in the manner provided in
    section 7 of the Merchant Marine Act, 1920 [46 App. U.S.C. 866],
    and in strict accordance with the provisions of section 5 of said
    Act" are omitted because section 5 of that Act was repealed in
    1988, and section 7 is being repealed as obsolete by this bill
    without being restated.

-End-



-CITE-
    46 USC Sec. 57506                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 57506. Minimum selling price of vessels

-STATUTE-
      (a) In General. - A vessel constructed under this subtitle or the
    Merchant Marine Act, 1936, may not be sold by the Secretary of
    Transportation for less than the price specified in this section.
      (b) Operation in Foreign Trade. - If the vessel is to be operated
    in foreign trade, the minimum price is the estimated foreign
    construction cost (exclusive of national defense features)
    determined as of the date the construction contract is executed,
    less depreciation under subsection (d).
      (c) Operation in Domestic Trade. - If the vessel is to be
    operated in domestic trade, the minimum price is the cost of
    construction in the United States (exclusive of national defense
    features), less depreciation under subsection (d).
      (d) Depreciation. - Depreciation under subsections (b) and (c)
    shall be based on - 
        (1) a 25-year life for dry-cargo and passenger vessels; and
        (2) a 20-year life for tankers and other bulk liquid carrier
      vessels.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1665.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57506          46 App.:1195 (last      June 29, 1936, ch. 858,      
                    sentence).              title VII, Sec. 705 (last   
                                            sentence), as added Aug. 4, 
                                            1939, ch. 417, Sec. 11(a),  
                                            53 Stat. 1185; Pub. L.      
                                            86-518, Sec. 1, June 12,    
                                            1960, 74 Stat. 216; Pub. L. 
                                            97-31, Sec. 12(107), Aug. 6,
                                            1981, 95 Stat. 163.         
                   46 App.:1125 note.      Pub. L. 86-518, Sec. 9, June 
                                            12, 1960, 74 Stat. 217.     
    --------------------------------------------------------------------

      Subsection (d) is substituted for "less depreciation based on a
    twenty-five year life" because of section 9 of Public Law 86-518
    (June 12, 1960, 74 Stat. 217), which provided that "Nothing in any
    amendment made by this Act [including section 1 substituting
    'twenty-five' for 'twenty' in 46 App. U.S.C. 1195] shall operate or
    be interpreted to change from twenty to twenty-five years the
    provisions of the Merchant Marine Act, 1936, as amended, relating
    to the commercial expectancy or period of depreciation of any
    tanker or other liquid bulk carrier."

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Merchant Marine Act, 1936, referred to in subsec. (a), is act
    June 29, 1936, ch. 858, 49 Stat. 1985, which enacted provisions set
    out as notes under section 53101 of this title. For complete
    classification of this Act to the Code, see Short Title of 1936
    Amendment note set out under section 101 of this title and Tables.

-End-


-CITE-
    46 USC SUBCHAPTER II - CHARTERS                             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER II - CHARTERS

-HEAD-
                         SUBCHAPTER II - CHARTERS                     

-End-



-CITE-
    46 USC Sec. 57511                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER II - CHARTERS

-HEAD-
    Sec. 57511. Demise charters

-STATUTE-
      A charter by the Secretary of Transportation under this chapter
    shall demise the vessel to the charterer subject to all usual
    conditions contained in a bareboat charter. The charter shall be
    for a term the Secretary considers to be in the best interest of
    the United States Government and the merchant marine.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1666.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57511          46 App.:1201.           June 29, 1936, ch. 858,      
                                            title VII, Sec. 711, 49     
                                            Stat. 2010; Pub. L. 97-31,  
                                            Sec. 12(113), Aug. 6, 1981, 
                                            95 Stat. 163.               
    --------------------------------------------------------------------

      The words "for a term the Secretary considers to be" are
    substituted for "until January 1, 1940, shall be for terms of three
    years or less as the Secretary of Transportation may decide:
    Provided, That after January 1, 1940, charters may be executed by
    the Secretary of Transportation for such terms as the experience
    gained by the Secretary of Transportation shall indicate are" to
    eliminate unnecessary and obsolete words.

-End-



-CITE-
    46 USC Sec. 57512                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER II - CHARTERS

-HEAD-
    Sec. 57512. Competitive bidding

-STATUTE-
      (a) In General. - The Secretary of Transportation may charter a
    vessel of the Department of Transportation to a private operator
    only on the basis of competitive sealed bidding. The bids must be
    submitted in strict compliance with the terms and conditions of a
    public advertisement soliciting the bids.
      (b) Advertisement for Bids. - An advertisement for bids shall
    state - 
        (1) the number, type, and tonnage of the vessels being offered
      for bareboat charter for operation as a steamship line on a
      designated trade route;
        (2) the minimum number of sailings required;
        (3) the length of time of the charter;
        (4) the right of the Secretary to reject all bids; and
        (5) other information the Secretary considers necessary for the
      information of prospective bidders.

      (c) Opening of Bids. - Bids required under this section shall be
    opened at the time and place stated in the advertisement for bids.
    All interested persons, including representatives of the press,
    shall be permitted to attend. The results of the bidding shall be
    publicly announced.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1666.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57512(a)       46 App.:1196(a)         June 29, 1936, ch. 858,      
                    (1st sentence).         title VII, Sec. 706(a), (b) 
                                            (1st sentence related to    
                                            announcement), 49 Stat.     
                                            2009; Pub. L. 97-31, Sec.   
                                            12(108), Aug. 6, 1981, 95   
                                            Stat. 163.                  
    57512(b)       46 App.:1196(a)                                      
                    (last sentence),                                    
                    (b) (1st sentence                                   
                    related to                                          
                    announcement).                                      
    57512(c)       46 App.:1193(c)         June 29, 1936, ch. 858,      
                    (related to             title VII, Sec. 703(c)      
                    chartering).            (related to chartering), 49 
                                            Stat. 2008; Pub. L. 97-31,  
                                            Sec. 12(105), Aug. 6, 1981, 
                                            95 Stat. 163.               
    --------------------------------------------------------------------

      Subsection (b)(4) is substituted for "announce in his
    advertisements for bids that the Secretary of Transportation
    reserves the right to, reject any and all bids submitted" in 46
    App. U.S.C. 1196(b) to improve the organization.
      In subsection (c), the words "Bids required under this section"
    are substituted for "All bids required by the Secretary of
    Transportation . . . and for the chartering of the Secretary's
    vessels hereinafter provided for" to eliminate unnecessary words.
    The word "hour" is omitted as covered by "time".

-End-



-CITE-
    46 USC Sec. 57513                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER II - CHARTERS

-HEAD-
    Sec. 57513. Minimum bid

-STATUTE-
      The Secretary of Transportation shall reject any bid for the
    charter under this subchapter of a vessel constructed under this
    subtitle or the Merchant Marine Act, 1936, if the charter hire
    offered is lower than the minimum charter hire would be if the
    vessel were chartered under section 57531 of this title.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1666.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57513          46 App.:1196(b)         June 29, 1936, ch. 858,      
                    (last sentence).        title VII, Sec. 706(b) (last
                                            sentence), as added Aug. 4, 
                                            1939, ch. 417, Sec. 11(b),  
                                            53 Stat. 1186; Pub. L.      
                                            97-31, Sec. 12(108), Aug. 6,
                                            1981, 95 Stat. 163.         
    --------------------------------------------------------------------


-REFTEXT-
                            REFERENCES IN TEXT                        
      The Merchant Marine Act, 1936, referred to in text, is act June
    29, 1936, ch. 858, 49 Stat. 1985, which enacted provisions set out
    as notes under section 53101 of this title. For complete
    classification of this Act to the Code, see Short Title of 1936
    Amendment note set out under section 101 of this title and Tables.

-End-



-CITE-
    46 USC Sec. 57514                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER II - CHARTERS

-HEAD-
    Sec. 57514. Qualifications of bidders

-STATUTE-
      (a) Considerations. - In deciding whether to award a charter to a
    bidder, the Secretary of Transportation shall consider - 
        (1) the bidder's financial resources, credit standing, and
      practical experience in operating vessels; and
        (2) other factors a prudent business person would consider in
      entering into a transaction involving a large capital investment.

      (b) Disqualifications. - The Secretary may not charter a vessel
    to a person appearing to lack sufficient capital, credit, and
    experience to operate the vessel successfully over the period
    covered by the charter.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1666.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57514          46 App.:1203.           June 29, 1936, ch. 858,      
                                            title VII, Sec. 713, 49     
                                            Stat. 2010; Pub. L. 97-31,  
                                            Sec. 12(115), Aug. 6, 1981, 
                                            95 Stat. 164.               
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 57515                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER II - CHARTERS

-HEAD-
    Sec. 57515. Awarding of charters

-STATUTE-
      (a) In General. - The Secretary of Transportation shall award the
    charter to the bidder proposing to pay the highest monthly charter
    hire. However, the Secretary may reject the highest or most
    advantageous or any other bid if the Secretary considers the
    charter hire offered too low or determines that the bidder lacks
    the qualifications required by section 57514 of this title.
      (b) Highest Bid Rejected. - If the Secretary rejects the highest
    bid, the Secretary may - 
        (1) award the charter to the next highest bidder; or
        (2) reject all bids and either readvertise the line or operate
      the line until conditions appear more favorable to reoffer the
      line for private charter.

      (c) Reason for Rejection. - On request of a bidder, the reason
    for rejection shall be stated in writing to the bidder.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1667.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57515          46 App.:1196(b)         June 29, 1936, ch. 858,      
                    (1st sentence           title VII, Secs. 706(b) (1st
                    related to              sentence related to         
                    authority).             authority), 707, 49 Stat.   
                                            2009; Pub. L. 97-31, Sec.   
                                            12(108), (109), Aug. 6,     
                                            1981, 95 Stat. 163.         
                   46 App.:1197.                                        
    --------------------------------------------------------------------

      In subsection (a), the words "if the Secretary considers the
    charter hire offered too low" are substituted for "if, in the
    Secretary's discretion, the charter hire offered is deemed too low"
    to eliminate unnecessary words. The words "lacks the qualifications
    required by section 57514 of this title" are substituted for "lacks
    sufficient capital, credit, or experience to operate successfully
    the line" to avoid repeating the qualifications in more than one
    place.

-End-



-CITE-
    46 USC Sec. 57516                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER II - CHARTERS

-HEAD-
    Sec. 57516. Operating-differential subsidies

-STATUTE-
      If the Secretary of Transportation considers it necessary, the
    Secretary may make a contract with a charterer of a vessel owned by
    the Secretary for payment of an operating-differential subsidy, on
    the same terms and conditions, and subject to the same limitations
    and restrictions, as otherwise provided with respect to payment of
    operating-differential subsidies to operators of privately-owned
    vessels.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1667.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57516          46 App.:1198.           June 29, 1936, ch. 858,      
                                            title VII, Sec. 708, 49     
                                            Stat. 2009; June 23, 1938,  
                                            ch. 600, Sec. 31, 52 Stat.  
                                            962; Pub. L. 97-31, Sec.    
                                            12(110), Aug. 6, 1981, 95   
                                            Stat. 163.                  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 57517                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER II - CHARTERS

-HEAD-
    Sec. 57517. Recovery of excess profits

-STATUTE-
      (a) In General. - A charter under this chapter shall provide that
    if, at the end of a calendar year subsequent to the execution of
    the charter, the cumulative net voyage profit (after payment of the
    charter hire reserved in the charter and payment of the charterer's
    fair and reasonable overhead expenses applicable to operation of
    the chartered vessel) exceeds 10 percent a year of the charterer's
    capital necessarily employed in the business of the chartered
    vessel, the charterer shall pay to the Secretary of Transportation,
    as additional charter hire, half the cumulative net voyage profit
    in excess of 10 percent a year. However, any cumulative net voyage
    profit accounted for under this subsection is not to be included in
    the calculation of cumulative net voyage profit in any subsequent
    year.
      (b) Terms To Be Defined and Used. - The Secretary shall define
    the terms "net voyage profit", "fair and reasonable overhead
    expenses", and "capital necessarily employed" for this section.
    Each advertisement for bids and each charter shall contain these
    definitions, stating the formula for determining each of these
    three amounts.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1667.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57517          46 App.:1199.           June 29, 1936, ch. 858,      
                                            title VII, Sec. 709, 49     
                                            Stat. 2010; Pub. L. 97-31,  
                                            Sec. 12(111), Aug. 6, 1981, 
                                            95 Stat. 163.               
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 57518                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER II - CHARTERS

-HEAD-
    Sec. 57518. Performance bond

-STATUTE-
      The Secretary of Transportation shall require a charterer of a
    vessel of the Secretary to deposit with the Secretary an
    undertaking, with approved sureties, in such amount as the
    Secretary may require as security for the faithful performance of
    the terms of the charter, including indemnity against liens on the
    chartered vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1667.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57518          46 App.:1200.           June 29, 1936, ch. 858,      
                                            title VII, Sec. 710, 49     
                                            Stat. 2010; Pub. L. 97-31,  
                                            Sec. 12(112), Aug. 6, 1981, 
                                            95 Stat. 163.               
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 57519                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER II - CHARTERS

-HEAD-
    Sec. 57519. Insurance

-STATUTE-
      A charter under this chapter shall require the charterer to
    carry, at the charterer's expense, insurance on the chartered
    vessel covering all marine and port risks, protection and indemnity
    risks, and all other hazards and liabilities, adequate to cover
    damages claimed against and losses sustained by the chartered
    vessel arising during the term of the charter. The insurance shall
    be in such form, in such amount, and with such companies as the
    Secretary of Transportation may require. In accordance with law,
    any of the insurance risks may be underwritten by the Secretary.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1667.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57519          46 App.:1202(a).        June 29, 1936, ch. 858,      
                                            title VII, Sec. 712(a), 49  
                                            Stat. 2010; Aug. 7, 1939,   
                                            ch. 555, Sec. 1, 53 Stat.   
                                            1254; Pub. L. 97-31, Sec.   
                                            12(114), Aug. 6, 1981, 95   
                                            Stat. 163.                  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 57520                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER II - CHARTERS

-HEAD-
    Sec. 57520. Vessel maintenance

-STATUTE-
      (a) In General. - A charter under this chapter shall require the
    charterer, at the charterer's expense, to - 
        (1) keep the chartered vessel in good repair and efficient
      operating condition; and
        (2) make any repairs required by the Secretary of
      Transportation.

      (b) Inspection. - The charter shall provide that the Secretary
    has the right to inspect the vessel at any time to ascertain its
    condition.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1668.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57520          46 App.:1202(b),        June 29, 1936, ch. 858,      
                    (c).                    title VII, Sec. 712(b), (c),
                                            49 Stat. 2010; Aug. 7, 1939,
                                            ch. 555, Sec. 1, 53 Stat.   
                                            1254; Pub. L. 97-31, Sec.   
                                            12(114), Aug. 6, 1981, 95   
                                            Stat. 163.                  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 57521                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER II - CHARTERS

-HEAD-
    Sec. 57521. Termination of charter during national emergency

-STATUTE-
      A charter under this chapter shall provide that during a national
    emergency proclaimed by the President or a period for which the
    President has proclaimed that the security of the national defense
    makes it advisable, the Secretary of Transportation may terminate
    the charter without cost to the United States Government on such
    notice to the charterer as the President determines.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1668.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57521          46 App.:1202(d).        June 29, 1936, ch. 858,      
                                            title VII, Sec. 712(d), 49  
                                            Stat. 2010; Aug. 7, 1939,   
                                            ch. 555, Sec. 1, 53 Stat.   
                                            1254; Pub. L. 97-31, Sec.   
                                            12(114), Aug. 6, 1981, 95   
                                            Stat. 163.                  
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC SUBCHAPTER III - MISCELLANEOUS                       01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
                      SUBCHAPTER III - MISCELLANEOUS                  

-End-



-CITE-
    46 USC Sec. 57531                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
    Sec. 57531. Construction and charter of vessels for unsuccessful
      routes

-STATUTE-
      (a) In General. - If the Secretary of Transportation finds that a
    trade route determined to be essential under section 50103 of this
    title cannot be successfully developed and maintained and the
    Secretary's replacement program cannot be achieved under private
    operation of the trade route by a citizen of the United States with
    vessels documented under chapter 121 of this title, without further
    aid by the United States Government in addition to the financial
    aid authorized under titles V and VI of the Merchant Marine Act,
    1936, the Secretary, without advertisement or competition, may - 
        (1) have constructed, in private shipyards or in navy yards,
      vessels of the types necessary for the trade route; and
        (2) demise charter those new vessels to the operator of vessels
      of the United States established on the trade route.

      (b) Amount of Charter Hire. - 
        (1) In general. - The annual charter hire under subsection (a)
      shall be at least 4 percent of the price (referred to in this
      section as the "foreign cost") at which the vessel would be sold
      if constructed under title V of the Merchant Marine Act, 1936,
      plus - 
          (A) a percentage of the depreciated foreign cost computed
        annually determined by the Secretary of the Treasury, taking
        into consideration the current average market yield on
        outstanding marketable obligations of the Government with
        remaining periods to maturity comparable to the term of the
        charter, adjusted to the nearest one-eighth percent; and
          (B) an allowance adequate in the judgment of the Secretary of
        Transportation to cover administrative costs.

        (2) Depreciation. - Depreciation under paragraph (1)(A) shall
      be based on - 
          (A) a 25-year life for dry-cargo and passenger vessels; and
          (B) a 20-year life for tankers and other bulk liquid carrier
        vessels.

      (c) Option To Purchase. - The charter may contain an option to
    the charterer to purchase the vessels from the Secretary of
    Transportation within 5 years after delivery under the charter, on
    the same terms and conditions as provided in title V of the
    Merchant Marine Act, 1936, for the purchase of new vessels from the
    Secretary. However - 
        (1) the purchase price shall be the foreign cost less
      depreciation to the date of purchase based on the useful life
      specified in subsection (b)(2);
        (2) the required cash payment payable at the time of the
      purchase shall be 25 percent of the purchase price;
        (3) the charter may provide that any part of the charter hire
      paid in excess of the minimum charter hire provided for in this
      section may be credited against the cash payment payable at the
      time of the purchase;
        (4) the balance of the purchase price shall be paid within the
      remaining years of useful life (as specified in subsection
      (b)(2)) after the date of delivery of the vessel under the
      charter and in approximately equal annual installments, except
      that the first installment, which shall be payable on the next
      ensuing anniversary date of the delivery under the charter, shall
      be a proportionate part of the annual installment; and
        (5) interest shall be payable on the unpaid balances from the
      date of purchase, at a rate not less than - 
          (A) a rate determined by the Secretary of the Treasury,
        taking into consideration the current average market yield on
        outstanding marketable obligations of the Government with
        remaining periods to maturity comparable to the average
        maturities of the loans, adjusted to the nearest one-eighth
        percent; plus
          (B) an allowance adequate in the judgment of the Secretary of
        Transportation to cover administrative costs.

      (d) Operation of Vessel. - 
        (1) Permissible voyages. - The charter shall provide for
      operation of the vessel exclusively - 
          (A) in foreign trade;
          (B) on a round-the-world voyage;
          (C) on a round voyage from the west coast of the United
        States to a European port that includes an intercoastal port of
        the United States;
          (D) on a round voyage from the Atlantic coast of the United
        States to the Orient that includes an intercoastal port of the
        United States; or
          (E) on a voyage in foreign trade on which the vessel may stop
        at Hawaii or an island territory or possession of the United
        States.

        (2) Domestic trade. - The charter shall provide if the vessel
      is operated in domestic trade on any of the services specified in
      paragraph (1), the charterer will pay annually to the Secretary
      of Transportation that proportion of  1/25  of the difference
      between the domestic and foreign cost of the vessel as the gross
      revenue derived from the domestic trade bears to the gross
      revenue derived from the entire voyages completed during the
      preceding year.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1668.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57531          46 App.:1204.           June 29, 1936, ch. 858,      
                                            title VII, Sec. 714, 49     
                                            Stat. 2011; June 23, 1938,  
                                            ch. 600, Sec. 32, 52 Stat.  
                                            962; Aug. 4, 1939, ch. 417, 
                                            Sec. 12, 53 Stat. 1186; Pub.
                                            L. 86-3, Sec. 18(b)(3), Mar.
                                            18, 1959, 73 Stat. 12; Pub. 
                                            L. 86-518, Sec. 5, June 12, 
                                            1960, 74 Stat. 216; Pub. L. 
                                            91-469, Sec. 22, Oct. 21,   
                                            1970, 84 Stat. 1032; Pub. L.
                                            97-31, Sec. 12(116), Aug. 6,
                                            1981, 95 Stat. 164.         
    --------------------------------------------------------------------

      In subsection (a)(2), the words "demise charter" are substituted
    for "demise . . . or bare-boat charter" to eliminate unnecessary
    words. The words "operator of vessels of the United States" are
    substituted for "American-flag operator" for consistency in the
    revised title.
      Subsection (b)(2) is substituted for "Upon the basis of a twenty-
    five year life of the vessel" because of section 9 of Public Law
    86-518 (June 12, 1960, 74 Stat. 217), which provided that "Nothing
    in any amendment made by this Act [including section 5 substituting
    'twenty-five' for 'twenty' in 46 App. U.S.C. 1204] shall operate or
    be interpreted to change from twenty to twenty-five years the
    provisions of the Merchant Marine Act, 1936, as amended, relating
    to the commercial expectancy or period of depreciation of any
    tanker or other liquid bulk carrier."
      In subsection (c), in paragraphs (1) and (4), references to the
    useful life specified in subsection (b)(2) are substituted for
    references to the twenty-five year useful life for the reason
    stated in explaining subsection (b)(2).

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Merchant Marine Act, 1936, referred to in subsecs. (a),
    (b)(1), (c), is act June 29, 1936, ch. 858, 49 Stat. 1985. Titles V
    and VI of the Act enacted provisions set out as notes under section
    53101 of this title. For complete classification of this Act to the
    Code, see Short Title of 1936 Amendment note set out under section
    101 of this title and Tables.

-End-



-CITE-
    46 USC Sec. 57532                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part F - Government-Owned Merchant Vessels
    CHAPTER 575 - CONSTRUCTION, CHARTER, AND SALE OF VESSELS
    SUBCHAPTER III - MISCELLANEOUS

-HEAD-
    Sec. 57532. Operation of experimental vessels

-STATUTE-
      (a) Definition. - In this section, the term "experimental vessel"
    means a vessel owned by the United States Government (including a
    vessel in the National Defense Reserve Fleet) that has been
    constructed, reconditioned, or remodeled for experimental or
    testing purposes.
      (b) Authority To Operate. - The Secretary of Transportation, for
    the purpose of practical development, trial, and testing, may
    operate an experimental vessel under a bareboat charter or general
    agency agreement in the foreign or domestic trade of the United
    States or for use for the account of a department or agency of the
    Government, without regard to other provisions of this subtitle and
    other laws related to chartering and general agency operations. Not
    more than 10 vessels may be operated and tested under this section
    in any one year.
      (c) Terms of Operation. - Operation of a vessel under this
    section shall be on terms the Secretary considers appropriate to
    carry out the purposes of this subtitle. A bareboat charter under
    this section shall be at reasonable rates and include restrictions
    the Secretary considers appropriate to protect the public interest,
    including provisions for recapture of profits under section 57517
    of this title. A charter or general agency agreement under this
    section shall be reviewed annually to determine whether conditions
    exist to justify continuance of the charter or agreement.
      (d) Rights of Seamen. - A seaman engaged in vessel operations of
    the Secretary under this section and employed through a general
    agent in connection with a charter or agreement under this section
    is entitled to all the rights and remedies provided in sections
    1(a) and (c), 3(c), and 4 of the Act of March 24, 1943 (50 App.
    U.S.C. 1291(a), (c), 1293(c), 1294).

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1670.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    57532          46 App.:1205.           June 29, 1936, ch. 858,      
                                            title VII, Sec. 715, as     
                                            added July 11, 1956, ch.    
                                            574, 70 Stat. 531; Pub. L.  
                                            97-31, Sec. 12(117), Aug. 6,
                                            1981, 95 Stat. 164.         
    --------------------------------------------------------------------

      Subsection (d) is substituted for "Those provisions of law
    prescribed or incorporated under section 1241a of this Appendix,
    which relate to vessel operating activities of the Secretary of
    Transportation and to employment of seamen through general agents,
    shall be applicable in connection with charters and agreements
    entered into under this section" for clarity.

-End-


-CITE-
    46 USC Part G - Restrictions and Penalties                  01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part G - Restrictions and Penalties

-HEAD-
                    PART G - RESTRICTIONS AND PENALTIES                

-End-


-CITE-
    46 USC CHAPTER 581 - RESTRICTIONS AND PENALTIES             01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part G - Restrictions and Penalties
    CHAPTER 581 - RESTRICTIONS AND PENALTIES

-HEAD-
                 CHAPTER 581 - RESTRICTIONS AND PENALTIES             

-MISC1-
    Sec.                                                     
    58101.      Operating in domestic intercoastal or coastwise
                 service.                                             
    58102.      Default on payment or maintenance of reserves.        
    58103.      Employing another person as managing or operating
                 agent.                                               
    58104.      Willful violation constitutes breach of contract or
                 charter.                                             
    58105.      Preferences for cargo in which charterer has interest.
    58106.      Concerted discriminatory activities.                  
    58107.      Discrimination at ports by water common carriers.     
    58108.      Charges for transportation subject to subtitle IV of
                 title 49.                                            
    58109.      Penalties.                                            

-End-



-CITE-
    46 USC Sec. 58101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part G - Restrictions and Penalties
    CHAPTER 581 - RESTRICTIONS AND PENALTIES

-HEAD-
    Sec. 58101. Operating in domestic intercoastal or coastwise service

-STATUTE-
      (a) Prohibition. - A subsidy may not be awarded or paid to a
    contractor under the operating-differential subsidy program, and a
    vessel may not be chartered to a person under chapter 575 of this
    title, if the contractor or charterer, or a holding company,
    subsidiary, affiliate, or associate of the contractor or charterer,
    or an officer, director, agent, or executive thereof, directly or
    indirectly - 
        (1) owns, charters, or operates a vessel engaged in the
      domestic intercoastal or coastwise service; or
        (2) owns a pecuniary interest in a person that owns, charters,
      or operates a vessel in the domestic intercoastal or coastwise
      service.

      (b) Waiver. - A person may apply to the Secretary of
    Transportation for a waiver of subsection (a). Before deciding on
    the waiver, the Secretary shall give the applicant and other
    interested persons an opportunity for a hearing. The Secretary may
    not grant the waiver if the Secretary finds it would - 
        (1) result in unfair competition to a person operating
      exclusively in the domestic intercoastal or coastwise service; or
        (2) be prejudicial to the objectives and policy of this
      subtitle.

      (c) Continuous Operation Since 1935. - The Secretary shall grant
    an application under subsection (b) without requiring further proof
    that the public interest and convenience will be served and without
    further proceedings as to the competition in the route or trade, if
    the contractor or other person, or a predecessor in interest, was
    in bona-fide operation as a common carrier by water in the domestic
    intercoastal or coastwise trade in 1935 over the route or in the
    trade for which the application is made and has so operated since
    that time or, if engaged in furnishing seasonal service only, was
    in bona-fide operation in 1935 during the season ordinarily covered
    by its operation, except in either event as to interruptions of
    service over which the applicant or its predecessor in interest had
    no control.
      (d) Diversion Into Intercoastal or Coastwise Operations. - If an
    application under subsection (b) is approved, a person referred to
    in this section may not divert, directly or indirectly, money,
    property, or any other thing of value, used in a foreign-trade
    operation for which a subsidy is paid by the United States
    Government, into intercoastal or coastwise operations.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1670.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    58101          46 App.:1223(a).        June 29, 1936, ch. 858,      
                                            title VIII, Sec. 805(a), 49 
                                            Stat. 2012; Pub. L. 97-31,  
                                            Sec. 12(122), Aug. 6, 1981, 
                                            95 Stat. 164; Pub. L.       
                                            104-239, Sec. 4(b)(1), Oct. 
                                            8, 1996, 110 Stat. 3131.    
    --------------------------------------------------------------------

      In this chapter, references to the "operating-differential
    subsidy program" are substituted for references to "part A of
    subchapter VI of this chapter", meaning 46 App. U.S.C. 1171-1185a,
    because part A of subchapter VI contains the operating-differential
    subsidy program and under 46 App. U.S.C. 1185a that program is
    being phased out. Consequently, part A is being omitted from the
    revised title and will instead appear as a note under section
    53101, except for 46 App. U.S.C. 1177 and 1177-l which are restated
    in chapter 535. References to "chapter 575 of this title" are
    substituted for references to "subchapter VII of this chapter",
    meaning 46 App. U.S.C. 1191-1205, because those sections are
    restated in chapter 575.
      In subsection (b), the words "A person may apply to the Secretary
    of Transportation for a waiver of subsection (a). Before deciding
    on the waiver, the Secretary shall give the applicant and other
    interested persons an opportunity for a hearing." are substituted
    for "without the written permission of the Secretary of
    Transportation. Every person, firm, or corporation having any
    interest in such application shall be permitted to intervene and
    the Secretary of Transportation shall give a hearing to the
    applicant and the intervenors." for clarity.
      In subsection (c), the words "domestic intercoastal or coastwise
    trade" are substituted for "domestic, intercoastal, or coastwise
    trade" for consistency in the section.
      In subsection (d), the words "and whosoever shall violate this
    provision shall be guilty of a misdemeanor" are omitted because
    section 3559 of title 18 provides for the classification of
    offenses. See the revision notes for section 58109 of the revised
    title.

-End-



-CITE-
    46 USC Sec. 58102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part G - Restrictions and Penalties
    CHAPTER 581 - RESTRICTIONS AND PENALTIES

-HEAD-
    Sec. 58102. Default on payment or maintenance of reserves

-STATUTE-
      The Secretary of Transportation may supervise the number and
    compensation of all officers and employees of a contractor under
    the operating-differential subsidy program or a charterer under
    chapter 575 of this title, receiving an operating-differential
    subsidy, if the contractor or charterer - 
        (1) is in default on a mortgage, note, purchase contract, or
      other obligation to the Secretary; or
        (2) has not maintained, in a manner satisfactory to the
      Secretary, all of the reserves provided for in this subtitle.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1671.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    58102          46 App.:1223(b).        June 29, 1936, ch. 858,      
                                            title VIII, Sec. 805(b), 49 
                                            Stat. 2012; Pub. L. 97-31,  
                                            Sec. 12(122), Aug. 6, 1981, 
                                            95 Stat. 164; Pub. L.       
                                            104-239, Sec. 4(b)(2), Oct. 
                                            8, 1996, 110 Stat. 3131.    
    --------------------------------------------------------------------

      The words "contractor under the operating-differential subsidy
    program or a charterer under chapter 575 of this title, receiving
    an operating-differential subsidy" are substituted for "contractor
    under part A of subchapter VI of this chapter or subchapter VII of
    this chapter receiving an operating-differential subsidy" for the
    reasons explained under section 58101.

-End-



-CITE-
    46 USC Sec. 58103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part G - Restrictions and Penalties
    CHAPTER 581 - RESTRICTIONS AND PENALTIES

-HEAD-
    Sec. 58103. Employing another person as managing or operating agent

-STATUTE-
      (a) Prohibition. - Except with the written consent of the
    Secretary of Transportation, a contractor holding a contract under
    the operating-differential subsidy program or under chapter 575 of
    this title may not - 
        (1) employ another person as the managing or operating agent of
      the operator; or
        (2) charter a vessel, on which an operating-differential
      subsidy is to be paid, for operation by another person.

      (b) Applicability of Provisions to Charterer. - If a charter
    prohibited by this section is made, the person operating the
    chartered vessel is subject to all the provisions of this subtitle
    and the operating-differential subsidy program, including
    limitations of profits and salaries.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1671.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    58103          46 App.:1223(d).        June 29, 1936, ch. 858,      
                                            title VIII, Sec. 805(d), 49 
                                            Stat. 2013; June 23, 1938,  
                                            ch. 600, Secs. 36, 37, 52   
                                            Stat. 963; Pub. L. 91-603,  
                                            Sec. 4(e), Dec. 31, 1970, 84
                                            Stat. 1675; Pub. L. 97-31,  
                                            Sec. 12(122), Aug. 6, 1981, 
                                            95 Stat. 164; Pub. L.       
                                            104-239, Sec. 4(b)(2), Oct. 
                                            8, 1996, 110 Stat. 3131.    
    --------------------------------------------------------------------

      In subsection (a), the words "contractor holding a contract under
    the operating-differential subsidy program or under chapter 575 of
    this title" are substituted for "contractor holding a contract
    authorized under part A of subchapter VI or VII of this chapter"
    for the reasons explained under section 58101.

-End-



-CITE-
    46 USC Sec. 58104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part G - Restrictions and Penalties
    CHAPTER 581 - RESTRICTIONS AND PENALTIES

-HEAD-
    Sec. 58104. Willful violation constitutes breach of contract or
      charter

-STATUTE-
      A willful violation of any provision of sections 58101-58103 of
    this title constitutes a breach of the contract or charter. On
    determining that a violation has occurred, the Secretary of
    Transportation may declare the contract or charter rescinded.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1672.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    58104          46 App.:1223(f).        June 29, 1936, ch. 858,      
                                            title VIII, Sec. 805(f), 49 
                                            Stat. 2014; Pub. L. 97-31,  
                                            Sec. 12(122), Aug. 6, 1981, 
                                            95 Stat. 164.               
    --------------------------------------------------------------------

      The words "in force under this chapter" and "forthwith" are
    omitted as unnecessary. The words "and any person willfully
    violating the provisions of this section shall be guilty of a
    misdemeanor" are omitted because section 3559 of title 18 provides
    for the classification of offenses. See the revision notes for
    section 58109 of the revised title.

-End-



-CITE-
    46 USC Sec. 58105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part G - Restrictions and Penalties
    CHAPTER 581 - RESTRICTIONS AND PENALTIES

-HEAD-
    Sec. 58105. Preferences for cargo in which charterer has interest

-STATUTE-
      A contractor receiving an operating-differential subsidy, or a
    charterer under chapter 575 of this title, may not unjustly
    discriminate in any manner so as to give preference, directly or
    indirectly, to cargo in which the contractor or charterer has a
    direct or indirect ownership, purchase, or vending interest.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1672.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    58105          46 App.:1226.           June 29, 1936, ch. 858,      
                                            title VIII, Sec. 808, 49    
                                            Stat. 2015.                 
    --------------------------------------------------------------------

      The words "and whosoever shall violate this provision shall be
    guilty of a misdemeanor" are omitted because section 3559 of title
    18 provides for the classification of offenses. See the revision
    notes for section 58109 of the revised title.

-End-



-CITE-
    46 USC Sec. 58106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part G - Restrictions and Penalties
    CHAPTER 581 - RESTRICTIONS AND PENALTIES

-HEAD-
    Sec. 58106. Concerted discriminatory activities

-STATUTE-
      (a) Prohibition. - A contractor receiving an operating-
    differential subsidy, or a charterer under chapter 575 of this
    title, may not continue as a party to or conform to an agreement
    with another carrier by water, or engage in a practice in concert
    with another carrier by water, that is unjustly discriminatory or
    unfair to any other citizen of the United States operating a common
    carrier by water employing only vessels documented under the laws
    of the United States on an established trade route from and to a
    United States port.
      (b) Government Payment Prohibited. - No payment or subsidy of any
    kind may be paid, directly or indirectly, out of funds of the
    United States Government to a contractor or charterer that has
    violated subsection (a).
      (c) Civil Action. - A person whose business or property is
    injured by a violation of subsection (a) may bring a civil action
    in the district court of the United States for the district in
    which the defendant resides, is found, or has an agent. If the
    person prevails, the person shall be awarded - 
        (1) 3 times the damages; and
        (2) costs, including reasonable attorney fees.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1672.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    58106          46 App.:1227.           June 29, 1936, ch. 858,      
                                            title VIII, Sec. 810, 49    
                                            Stat. 2015.                 
    --------------------------------------------------------------------

      In subsection (b), the words "United States Government" are
    substituted for "United States or any agency of the United States"
    for consistency and to eliminate unnecessary words.
      In subsection (c), the words "bring a civil action" are
    substituted for "sue" for consistency in the revised title. The
    words "without respect to the amount in controversy" are omitted
    because section 1331 of title 28 no longer contains a requirement
    of any particular amount in controversy for jurisdiction of civil
    actions arising under the laws of the United States. The words "If
    the person prevails" are added for clarity.

-End-



-CITE-
    46 USC Sec. 58107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part G - Restrictions and Penalties
    CHAPTER 581 - RESTRICTIONS AND PENALTIES

-HEAD-
    Sec. 58107. Discrimination at ports by water common carriers

-STATUTE-
      (a) Prohibition. - A common carrier by water may not, directly or
    indirectly, through an agreement, conference, association,
    understanding, or otherwise, prevent or attempt to prevent any
    other common carrier by water from serving any port described in
    subsection (b) at the same rates the first carrier charges at the
    nearest port already regularly served by it.
      (b) Ports. - A port referred to in subsection (a) is one that is -
     
        (1) designed for the accommodation of ocean-going vessels;
        (2) located on an improvement project authorized by law or by a
      Federal agency; and
        (3) located within the continental limits of the United States.

      (c) Other Authority Not Limited. - This section does not limit
    the authority otherwise vested in the Secretary of Transportation
    and the Federal Maritime Commission.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1672.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    58107          46 App.:1115.           June 29, 1936, ch. 858,      
                                            title II, Sec. 205, 49 Stat.
                                            1987; Pub. L. 97-31, Sec.   
                                            12(62), Aug. 6, 1981, 95    
                                            Stat. 159.                  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 58108                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part G - Restrictions and Penalties
    CHAPTER 581 - RESTRICTIONS AND PENALTIES

-HEAD-
    Sec. 58108. Charges for transportation subject to subtitle IV of
      title 49

-STATUTE-
      (a) Prohibition. - A carrier may not charge, collect, or receive
    for transportation subject to subtitle IV of title 49 of persons or
    property, under any joint rate, fare, or charge, or under any
    export, import, or other proportional rate, fare, or charge, that
    is based in whole or in part on the fact that the persons or
    property affected are to be transported to, or have been
    transported from, a port in a territory or possession of the United
    States or in a foreign country, by a carrier by water in foreign
    commerce, any lower rate, fare, or charge than the carrier charges,
    collects, or receives for the transportation of persons or similar
    property for the same distance, in the same direction, and over the
    same route, in commerce wholly within the United States, unless the
    vessel used for the transportation is or was at the time of the
    transportation documented under the laws of the United States.
      (b) Suspension of Prohibition. - Whenever the Secretary of
    Transportation believes that adequate shipping facilities to or
    from any port in a territory or possession of the United States or
    a foreign country are not being provided by vessels documented
    under the laws of the United States, the Secretary shall certify
    this fact to the Surface Transportation Board. On receiving the
    certification, the Board may by order suspend the operation of
    subsection (a) with respect to the rates, fares, and charges for
    the transportation by rail of persons and property transported from
    or to be transported to those ports, for such time and under such
    terms and conditions as the Secretary may specify in the order or
    in any supplemental order.
      (c) Termination of Suspension. - Whenever the Secretary believes
    that adequate shipping facilities are being provided to those ports
    by vessels documented under the laws of the United States, and
    certifies that fact to the Board, the Board may order the
    termination of the suspension.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1673.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    58108          46 App.:884.            June 5, 1920, ch. 250, Sec.  
                                            28, 41 Stat. 999; Ex. Ord.  
                                            No. 6166, Sec. 12, eff. June
                                            10, 1933; June 29, 1936, ch.
                                            858, Secs. 204, 904, 49     
                                            Stat. 1987, 2016; Pub. L.   
                                            97-31, Sec. 12(50), Aug. 6, 
                                            1981, 95 Stat. 157; Pub. L. 
                                            104-88, title III, Sec.     
                                            321(3), Dec. 29, 1995, 109  
                                            Stat. 950.                  
    --------------------------------------------------------------------

      The words "territory or possession" are substituted for
    "possession or dependency" for consistency in the revised title.

-End-



-CITE-
    46 USC Sec. 58109                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle V - Merchant Marine
    Part G - Restrictions and Penalties
    CHAPTER 581 - RESTRICTIONS AND PENALTIES

-HEAD-
    Sec. 58109. Penalties

-STATUTE-
      (a) Individuals. - An individual convicted of violating section
    58101(d), 58103, or 58105 of this title shall be fined under title
    18, imprisoned for at least one year but not more than 5 years, or
    both.
      (b) Organizations. - An organization convicted of committing an
    act prohibited by this subtitle shall be fined under title 18.
      (c) Ineligibility To Receive Benefits. - An individual or
    organization convicted of violating a section referred to in
    subsection (a) is ineligible, at the discretion of the Secretary of
    Transportation, to receive any benefit under the construction-
    differential subsidy or operating-differential subsidy programs,
    or a charter under chapter 575 of this title, for 5 years after the
    conviction.

-SOURCE-
    (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1673.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    58109          46 App.:1228 (1st,      June 29, 1936, ch. 858,      
                    2d pars.).              title VIII, Sec. 806(b),    
                                            (c), 49 Stat. 2014; Pub. L. 
                                            97-31, Sec. 12(125), Aug. 6,
                                            1981, 95 Stat. 164.         
    --------------------------------------------------------------------

      In subsection (a), the word "individual" is substituted for
    "natural person" for consistency in the revised title. The words
    "convicted of violating section 58101(d), 58103, or 58105 of this
    title" are substituted for "found guilty of any act or acts
    declared in this chapter to constitute a misdemeanor" because the
    sections referred to restate the provisions which declare certain
    acts to be misdemeanors and because the restatement of those
    provisions does not use the word "misdemeanor". The words "in any
    district court of the United States" are omitted as unnecessary.
    The words "shall be fined under title 18, imprisoned for at least
    one year but not more than five years, or both" are substituted for
    "shall be punished by a fine of not more than $10,000, or by
    imprisonment for not less than one year or more than five years, or
    by both fine and imprisonment" because of chapter 227 of title 18.
    See 18 U.S.C. 3559 (which classifies offenses based on the maximum
    term of imprisonment) and 3571 (which establishes fines based on
    those classifications).
      In subsection (b), the word "organization" is substituted for
    "corporation" to reflect the probable intent that the penalty
    should apply to other organizations in addition to corporations.
    The words "convicted of committing an act prohibited by this
    subtitle" are substituted for "found guilty of any act or acts
    declared in this chapter to be unlawful" for clarity and
    consistency. The words "shall be fined under title 18" are
    substituted for "shall be punished by a fine of not more than
    $25,000" for consistency with subsection (a).
      In subsection (c), the words "An individual or organization
    convicted of violating a section referred to in subsection (a)" are
    substituted for "any person or corporation convicted of a
    misdemeanor under the provisions of this chapter" for consistency
    in the section. Reference to the Federal Maritime Commission is
    omitted because the Commission does not administer any of the
    provisions referred to.

-End-


-CITE-
    46 USC Subtitle VI - Clearance, Tonnage Taxes, and Duties    01/03/2007 

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties

-HEAD-
    Subtitle VI - Clearance, Tonnage Taxes, and Duties

-MISC1-
    Chapter                                                          Sec.
    601.    Arrival and Departure Requirements                     60101
    603.    Tonnage Taxes and Light Money                          60301
    605.    Discriminating Duties and Reciprocal Privileges        60501

                             PRIOR PROVISIONS                         
      A prior subtitle VI, consisting of chapter 701, was redesignated
    subtitle VII of this title by Pub. L. 109-241, title IX, Sec.
    901(k)(1), July 11, 2006, 120 Stat. 564. An identical amendment was
    made by Pub. L. 109-304, Sec. 9(a), Oct. 6, 2006, 120 Stat. 1674.

-End-


-CITE-
    46 USC CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS     01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS

-HEAD-
             CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS         

-MISC1-
    Sec.                                                     
    60101.      Boarding arriving vessels before inspection.          
    60102.      Production of certificate on entry.                   
    60103.      Oath of ownership on entry.                           
    60104.      Depositing certificates of documentation with consular
                 officers.                                            
    60105.      Clearance of vessels.                                 
    60106.      State inspection laws.                                
    60107.      Payment of fees on departing vessel.                  
    60108.      Duty to transport tendered cargo.                     
    60109.      Duty to transport money and securities of the United
                 States Government.                                   

-End-



-CITE-
    46 USC Sec. 60101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS

-HEAD-
    Sec. 60101. Boarding arriving vessels before inspection

-STATUTE-
      (a) Regulations. - The Secretary of Homeland Security shall
    prescribe and enforce regulations on the boarding of a vessel
    arriving at a port of the United States before the vessel has been
    inspected and secured.
      (b) Criminal Penalty. - A person violating a regulation
    prescribed under this section shall be fined under title 18,
    imprisoned for not more than 6 months, or both.
      (c) Relationship to Other law. - This section shall be construed
    as supplementary to section 2279 of title 18.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1674.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60101          46 App.:163.            Mar. 31, 1900, ch. 120,      
                                            Secs. 1-3, 31 Stat. 58.     
    --------------------------------------------------------------------

      In subsection (a), the Secretary of Homeland Security is
    substituted for the Commissioner of Customs because the functions
    of the Customs Service and of the Secretary of the Treasury
    relating thereto were transferred to the Secretary of Homeland
    Security by section 403(1) of the Homeland Security Act of 2002
    (Pub. L. 107-296, 116 Stat. 2178). The functions of the
    Commissioner of Customs previously were vested in the Secretary of
    the Treasury under section 321(c) of title 31. For prior related
    transfers of functions, see the transfer of functions note under 46
    App. U.S.C. 163. The word "shall" is substituted for "is authorized
    and directed to" for consistency in the revised title and to
    eliminate unnecessary words. The word "port" is substituted for
    "seaports" for consistency in the revised title. The word "secured"
    is substituted for "placed in security" to eliminate unnecessary
    words. The words "from time to time", "properly", and "and for that
    purpose to employ any of the officers of the United States Customs
    Service" are omitted as unnecessary.
      In subsection (b), the words "fined under title 18, imprisoned
    for not more than 6 months, or both" are substituted for "subject
    to a penalty of not more than $100 or imprisonment not to exceed
    six months, or both" because of chapter 227 of title 18. The words
    "in the discretion of the court" are omitted as unnecessary.
      In subsection (c), the words "section 2279 of title 18" are
    substituted for "section forty-six hundred and six of the Revised
    Statutes" in the Act of Mar. 31, 1900, because R.S. Sec. 4606
    (formerly classified to 46 U.S.C. 708 (1946 ed.)) was replaced by
    18 U.S.C. 2279 in the codification of title 18 by the Act of June
    25, 1948 (ch. 645, 62 Stat. 683). The words "section 9 of act
    August 2, 1882 (22 Stat. 189)" are omitted because that law was
    repealed by section 4(b) of Public Law 98-89 (Aug. 26, 1983, 97
    Stat. 600).

-End-



-CITE-
    46 USC Sec. 60102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS

-HEAD-
    Sec. 60102. Production of certificate on entry

-STATUTE-
      On entry of a vessel documented under chapter 121 of this title,
    the master or other individual in charge of the vessel shall
    produce the certificate of documentation to the customs officer at
    the place where the vessel is entered. If the certificate is not
    produced, the vessel is not entitled to the privileges of a
    documented vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1674.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60102          46 App.:57.             R.S. Sec. 4184.              
    --------------------------------------------------------------------

      The words "vessel documented under chapter 121 of this title" are
    substituted for "vessel, recorded in pursuance of title 48 of the
    Revised Statutes", and the words "certificate of documentation" are
    substituted for "certificate of such record", for consistency with
    chapter 121 of title 46. The words "in charge" are substituted for
    "having the command or charge" to eliminate unnecessary words. The
    words "customs officer" are substituted for "collector of the
    district" because the office of collector of customs was abolished
    by Reorganization Plan No. 1 of 1965. For additional requirements
    relating to entry of vessels, see 19 U.S.C. 1434.

-End-



-CITE-
    46 USC Sec. 60103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS

-HEAD-
    Sec. 60103. Oath of ownership on entry

-STATUTE-
      (a) Required Statement. - On entry of a vessel of the United
    States from a foreign port, the individual designated under
    subsection (b) shall state under oath that - 
        (1) the vessel's certificate of documentation contains the
      names of all the owners of the vessel; or
        (2) part of the ownership has been transferred since the
      certificate was issued and, to the best of the individual's
      knowledge and belief, the vessel is still owned only by citizens
      of the United States.

      (b) Person To Make Statement. - The statement under subsection
    (a) shall be made by - 
        (1) an owner if one resides at the port of entry; or
        (2) the master if an owner does not reside at the port of
      entry.

      (c) Consequence of Not Making Statement. - If the appropriate
    individual does not make the statement required by this section,
    the vessel is not entitled to the privileges of a vessel of the
    United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1674.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60103          46 App.:42.             R.S. Sec. 4173.              
    --------------------------------------------------------------------

      In subsection (a), the words "certificate of documentation" and
    "certificate" are substituted for "register" for consistency with
    chapter 121 of the revised title. In paragraph (2), the words "sold
    or" are omitted as unnecessary. The words "owned only by citizens
    of the United States" are substituted for "no foreign subject or
    citizen has . . . any share, by way of trust, confidence, or
    otherwise" for consistency in the revised title and to eliminate
    unnecessary words.

-End-



-CITE-
    46 USC Sec. 60104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS

-HEAD-
    Sec. 60104. Depositing certificates of documentation with consular
      officers

-STATUTE-
      (a) Requirement of Master. - When a vessel owned by citizens of
    the United States, on a voyage from a port in the United States,
    arrives at a foreign port, the master of the vessel shall deposit
    the vessel's certificate of documentation with a consular officer
    at the foreign port if there is a consular officer at that port.
      (b) Return of Certificate. - When the master produces a clearance
    from the appropriate officer of the foreign port, the consular
    officer shall return the certificate of documentation to the master
    if the master has complied with the provisions of law related to
    the discharge of seamen in a foreign country and the payment of
    fees of consular officers.
      (c) Civil Penalty and Collection. - The master of a vessel
    failing to deposit the certificate of documentation as required by
    subsection (a) is liable to the United States Government for a
    civil penalty of $500. The consular officer shall bring an action
    to recover the penalty in any court of competent jurisdiction. The
    action shall be brought in the name of the consular officer for the
    benefit of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1675.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60104          46 App.:354.            R.S. Sec. 4309; Apr. 5,      
                                            1906, ch. 1366, Sec. 3, 34  
                                            Stat. 100.                  
                   46 App.:355.            R.S. Sec. 4310; Apr. 5,      
                                            1906, ch. 1366, Sec. 3, 34  
                                            Stat. 100.                  
    --------------------------------------------------------------------

      In this section, the words "certificate of documentation" are
    substituted for "register" and "papers" for consistency with
    chapter 121 of title 46. The words "sea-letter, and Mediterranean
    passport" in R.S. Sec. 4309 are omitted because the use of those
    documents was discontinued by Presidential proclamation on April
    10, 1815. The words "consular officer" are substituted for "consul
    or vice consul" for consistency with 22 U.S.C. 4205. The words
    "commercial agent, or vice commercial agent" in R.S. Secs. 4309 and
    4310 are omitted because of the abolition of the grade of
    commercial agent by the Act of Apr. 5, 1906 (ch. 1366, 34 Stat.
    99).
      In subsection (b), the words "or commander" are omitted as
    unnecessary and for consistency in the section.
      In subsection (c), the word "failing" is substituted for "refuses
    or neglects" to eliminate unnecessary words. The words "liable to
    the United States Government for a civil penalty" are substituted
    for "liable to a penalty" for clarity and for consistency in the
    revised title.

-End-



-CITE-
    46 USC Sec. 60105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS

-HEAD-
    Sec. 60105. Clearance of vessels

-STATUTE-
      (a) Vessels of the United States. - Except as otherwise provided
    by law, a vessel of the United States shall obtain clearance from
    the Secretary of Homeland Security before proceeding from a port or
    place in the United States - 
        (1) for a foreign port or place;
        (2) for another port or place in the United States if the
      vessel has on board foreign merchandise for which entry has not
      been made; or
        (3) outside the territorial sea to visit a hovering vessel or
      to receive merchandise while outside the territorial sea.

      (b) Other Vessels. - Except as otherwise provided by law, a
    vessel that is not a vessel of the United States shall obtain
    clearance from the Secretary before proceeding from a port or place
    in the United States - 
        (1) for a foreign port or place;
        (2) for another port or place in the United States; or
        (3) outside the territorial sea to visit a hovering vessel or
      to receive or deliver merchandise while outside the territorial
      sea.

      (c) Regulations. - The Secretary may by regulation - 
        (1) prescribe the manner in which clearance under this section
      is to be obtained, including the documents, data, or information
      which shall be submitted or transmitted, pursuant to an
      authorized data interchange system, to obtain the clearance;
        (2) permit clearance to be obtained before all requirements for
      clearance are complied with, but only if the owner or operator of
      the vessel files a bond in an amount set by the Secretary
      conditioned on the compliance by the owner or operator with all
      specified requirements for clearance within a time period (not
      exceeding 4 business days) established by the Secretary; and
        (3) permit clearance to be obtained at a place other than a
      designated port of entry, under conditions the Secretary may
      prescribe.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1675.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60105          46 App.:91.             R.S. Sec. 4197; Aug. 5,      
                                            1935, ch. 438, title II,    
                                            Sec. 209, 49 Stat. 526; June
                                            16, 1938, ch. 476, Sec. 1,  
                                            52 Stat. 758; Sept. 1, 1954,
                                            ch. 1213, title V, Sec.     
                                            501(a), 68 Stat. 1140; Pub. 
                                            L. 103-182, title VI, Sec.  
                                            686(b), Dec. 8, 1993, 107   
                                            Stat. 2221; Pub. L. 106-476,
                                            title I, Sec. 1452(a)(3),   
                                            Nov. 9, 2000, 114 Stat. 2167.
    --------------------------------------------------------------------

      The Secretary of Homeland Security is substituted for the Customs
    Service and for the Secretary of the Treasury because the functions
    of the Customs Service and of the Secretary of the Treasury
    relating thereto were transferred to the Secretary of Homeland
    Security by section 403(1) of the Homeland Security Act of 2002
    (Pub. L. 107-296, 116 Stat. 2178).

-End-



-CITE-
    46 USC Sec. 60106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS

-HEAD-
    Sec. 60106. State inspection laws

-STATUTE-
      When State law requires a certificate of inspection for goods
    carried on a vessel, a vessel transporting the goods may not be
    cleared until the certificate is produced.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1676.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60106          46 App.:97.             R.S. Sec. 4202.              
    --------------------------------------------------------------------

      This section is substituted for the source provision to eliminate
    unnecessary words.

-End-



-CITE-
    46 USC Sec. 60107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS

-HEAD-
    Sec. 60107. Payment of fees on departing vessel

-STATUTE-
      A departing vessel may be cleared only when all legal fees that
    have accrued on the vessel are paid and proof of payment is
    presented to the individual granting the clearance.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1676.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60107          46 App.:100.            R.S. Sec. 4206.              
    --------------------------------------------------------------------

      This section is substituted for the source provision to eliminate
    unnecessary words.

-End-



-CITE-
    46 USC Sec. 60108                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS

-HEAD-
    Sec. 60108. Duty to transport tendered cargo

-STATUTE-
      Clearance may be refused to a vessel or vehicle transporting
    cargo destined for a domestic or foreign port when the owner,
    master, or other individual in charge refuses to accept cargo
    tendered in good condition, with proper charges, for the same or an
    intermediate port by a citizen of the United States. This section
    does not apply if the vessel or vehicle is already fully loaded
    (giving appropriate consideration to its proper loading) or is not
    adaptable to transport the tendered cargo.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1676.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60108          46 App.:834.            Sept. 7, 1916, ch. 451, Sec. 
                                            36, 39 Stat. 738.           
    --------------------------------------------------------------------

      Only the word "cargo" is used, instead of "merchandise",
    "freight", and "cargo", for consistency in the section.

-End-



-CITE-
    46 USC Sec. 60109                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS

-HEAD-
    Sec. 60109. Duty to transport money and securities of the United
      States Government

-STATUTE-
      Before being given clearance, a vessel owned by a citizen of the
    United States and bound on a voyage from a port in the United
    States to another port in the United States or in a foreign
    country, or on a voyage from a port in a foreign country to a port
    in the United States, shall receive on board any bullion, coin,
    notes, bonds, or other securities of the United States Government
    that an agency, consular officer, or other agent of the Government
    offers. The vessel shall transport the items securely and deliver
    them promptly to the proper authorities or consignees on arriving
    at the port of destination. Compensation shall be paid for services
    provided under this section that is equal to compensation paid to
    other carriers in the ordinary transaction of business.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1676.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60109          46 App.:98.             R.S. Sec. 4204; Apr. 5,      
                                            1906, ch. 1366, Sec. 3, 34  
                                            Stat. 100.                  
    --------------------------------------------------------------------

      This section is substituted for the source provision to eliminate
    unnecessary words.

-End-


-CITE-
    46 USC CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY          01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
                CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY            

-MISC1-
    Sec.                                                     
    60301.      Regular tonnage taxes.                                
    60302.      Special tonnage taxes.                                
    60303.      Light money.                                          
    60304.      Presidential suspension of tonnage taxes and light
                 money.                                               
    60305.      Vessels in distress.                                  
    60306.      Vessels not engaged in trade.                         
    60307.      Vessels engaged in coastwise trade or the fisheries.  
    60308.      Vessels engaged in Great Lakes trade.                 
    60309.      Passenger vessels making trips between ports of the
                 United States and foreign ports.                     
    60310.      Vessels making daily trips on interior waters.        
    60311.      Hospital vessels in time of war.                      
    60312.      Rights under treaties preserved.                      

-End-



-CITE-
    46 USC Sec. 60301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
    Sec. 60301. Regular tonnage taxes

-STATUTE-
      (a) Lower Rate. - A tax is imposed at the rate of 2 cents per ton
    (but not more than a total of 10 cents per ton per year) at each
    entry in a port of the United States of - 
        (1) a vessel entering from a foreign port or place in North
      America, Central America, the West Indies Islands, the Bahama
      Islands, the Bermuda Islands, or the coast of South America
      bordering the Caribbean Sea; or
        (2) a vessel returning to the same port or place in the United
      States from which it departed, and not entering the United States
      from another port or place, except - 
          (A) a vessel of the United States;
          (B) a recreational vessel (as defined in section 2101 of this
        title); or
          (C) a barge.

      (b) Higher Rate. - A tax is imposed at the rate of 6 cents per
    ton (but not more than a total of 30 cents per ton per year) on a
    vessel at each entry in a port of the United States from a foreign
    port or place not named in subsection (a)(1).
      (c) Exception for Vessels Entering Other Than by Sea. -
    Subsection (a) does not apply to a vessel entering other than by
    sea from a foreign port or place at which tonnage, lighthouse, or
    other equivalent taxes are not imposed on vessels of the United
    States.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1677; Pub. L.
    109-171, title IV, Sec. 4001, Feb. 8, 2006, 120 Stat. 27.)


-STATAMEND-
                       AMENDMENTS NOT SHOWN IN TEXT                   
      This section was derived from sections 121 (2d sentence) and 132
    of the former Appendix to this title, which were amended by Pub. L.
    109-171, title IV, Sec. 4001, Feb. 8, 2006, 120 Stat. 27. For
    applicability of those amendments to this section, see section
    18(a) of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. The second
    sentence of section 121 of the former Appendix to this title, as
    amended, read as follows:
      "A tonnage duty of 4.5 cents per ton, not to exceed in the
    aggregate 22.5 cents per ton in any one year, for fiscal years 2006
    through 2010, and 2 cents per ton, not to exceed in the aggregate
    10 cents per ton in any one year, for each fiscal year thereafter
    is imposed at each entry on all vessels which shall be entered in
    any port of the United States from any foreign port or place in
    North America, Central America, the West India Islands, the Bahama
    Islands, the Bermuda Islands, or the coast of South America
    bordering on the Caribbean Sea, or Newfoundland, and on all vessels
    (except vessels of the United States, recreational vessels, and
    barges, as those terms are defined in section 2101 of title 46)
    that depart a United States port or place and return to the same
    port or place without being entered in the United States from
    another port or place; and a duty of 13.5 cents per ton, not to
    exceed 67.5 cents per ton per annum, for fiscal years 2006 through
    2010, and 6 cents per ton, not to exceed 30 cents per ton per
    annum, for each fiscal year thereafter is imposed at each entry on
    all vessels which shall be entered in any port of the United States
    from any other foreign port."
      Section 132 of the former Appendix to this title, as amended,
    read as follows:
      "Vessels entering otherwise than by sea from a foreign port at
    which tonnage or lighthouse dues or other equivalent tax or taxes
    are not imposed on vessels of the United States shall be exempt
    from the tonnage duty of 4.5 cents per ton, not to exceed in the
    aggregate 22.5 cents per ton in any one year, for fiscal years 2006
    through 2010, and 2 cents per ton, not to exceed in the aggregate
    10 cents per ton in any one year, for each fiscal year thereafter,
    prescribed by section 121 of this Appendix."



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60301(a)       46 App.:121 (2d         Aug. 5, 1909, ch. 6, Sec. 36 
                    sentence words          (1st sentence), 36 Stat.    
                    before semicolon).      111; Pub. L. 101-508, title 
                                            X, Sec. 10402(a), Nov. 5,   
                                            1990, 104 Stat. 1388-398;   
                                            Pub. L. 103-66, title IX,   
                                            Sec. 9001(a)(1), (2),       
                                            (c)(1), Aug. 10, 1993, 107  
                                            Stat. 402; Pub. L. 105-33,  
                                            title IX, Sec. 9201(a), Aug.
                                            5, 1997, 111 Stat. 671.     
    60301(b)       46 App.:121 (2d                                      
                    sentence words                                      
                    after semicolon).                                   
    60301(c)       46 App.:132.            Mar. 8, 1910, ch. 86, 36     
                                            Stat. 234; Pub. L. 101-508, 
                                            title X, Sec. 10402(b), Nov.
                                            5, 1990, 104 Stat. 1388-399;
                                            Pub. L. 103-66, title IX,   
                                            Sec. 9001(b), Aug. 10, 1993,
                                            107 Stat. 402; Pub. L.      
                                            105-33, title IX, Sec.      
                                            9201(b), Aug. 5, 1997, 111  
                                            Stat. 671.                  
    --------------------------------------------------------------------

      In this section, the tax rates for fiscal years 1991 through 2002
    are omitted as obsolete.
      In subsection (a)(1), the words "West Indies Islands" are
    substituted for "West India Islands" to conform to current
    geographic terminology. The word "Newfoundland" is omitted because
    Newfoundland is now part of Canada.
      In subsection (a)(2), the reference to the definitions in section
    2101 is confined to "recreational vessel" because the definitions
    of "vessel of the United States" and "barge" are being moved to
    chapter 1 of the revised title and being made applicable title-
    wide.

-End-



-CITE-
    46 USC Sec. 60302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
    Sec. 60302. Special tonnage taxes

-STATUTE-
      (a) Entry From Foreign Port or Place. - Regardless of whether a
    tax is imposed under section 60301 of this title, a tax is imposed
    on a vessel at each entry in a port of the United States from a
    foreign port or place at the following rates:
        (1) 30 cents per ton on a vessel built in the United States but
      owned in any part by a subject of a foreign country.
        (2) 50 cents per ton on other vessels not of the United States.
        (3) 50 cents per ton on a vessel of the United States having an
      officer who is not a citizen of the United States.
        (4) $2 per ton on a foreign vessel entering from a foreign port
      or place at which vessels of the United States are not ordinarily
      allowed to enter and trade.

      (b) Vessels Not of the United States Transporting Property
    Between Districts. - Regardless of whether a tax is imposed under
    section 60301 of this title, a tax of 50 cents per ton is imposed
    on a vessel not of the United States at each entry in one customs
    district from another district when transporting goods loaded in
    one district to be delivered in another district.
      (c) Exception for Vessels Becoming Documented. - The tax of 50
    cents per ton under this section does not apply to a vessel that - 
        (1) is owned only by citizens of the United States; and
        (2) after entering a port of the United States, becomes
      documented as a vessel of the United States before leaving that
      port.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1677.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60302(a)       46 App.:121 (1st        R.S. Sec. 4219 (1st, 2d      
                    sentence, 5th           sentences, 4th sentence     
                    sentence words          words before semicolon, last
                    before semicolon,       sentence words before 1st   
                    last sentence words     semicolon and after last    
                    after semicolon).       semicolon); Feb. 27, 1877,  
                                            ch. 69, Sec. 1, 19 Stat. 250.
    60302(b)       46 App.:121 (4th                                     
                    sentence words                                      
                    before proviso).                                    
    60302(c)       46 App.:121 (4th        Mar. 4, 1915, ch. 171, Sec.  
                    sentence proviso).      1, 38 Stat. 1193.           
    --------------------------------------------------------------------

      In subsections (a) and (b), the words "Regardless of whether a
    tax is imposed under section 60301 of this title" are added for
    clarity. See 19 C.F.R. Sec. 4.20(c) (2003).
      In subsection (a)(1), the word "owned" is substituted for
    "belonging" for consistency in the revised title.
      In subsection (a)(3), the words "vessel of the United States" are
    substituted for "vessel" for clarity.
      In subsection (c), the words "The tax of 50 cents per ton" are
    substituted for "no such duty" in 46 App. U.S.C. 121 to conform
    more closely to the language in section 1 of the Act of March 4,
    1915 (ch. 171, 38 Stat. 1193). The word "documented" is substituted
    for "registered" for consistency in the revised title.
      The words "In addition to the tonnage-duty above imposed, there
    shall be paid a tax, at the rate of thirty cents per ton, on
    vessels which shall be entered at any custom-house within the
    United States from any foreign port or place" in R.S. Sec. 4219
    were omitted from the original codification of R.S. Sec. 4219 in 46
    U.S.C. 121 (1926 edition, 44 Stat. 1467). A codification note which
    first appeared in the 1958 edition of the United States Code for 46
    U.S.C. 121 says that the words apparently were omitted as
    superseded and repealed by section 14 of the Act of June 26, 1884
    (ch. 121, 23 Stat. 57), as amended by section 11 of the Act of June
    19, 1886 (ch. 421, 24 Stat. 81), and section 1 of the Act of April
    4, 1888 (ch. 61, 25 Stat. 80).

-End-



-CITE-
    46 USC Sec. 60303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
    Sec. 60303. Light money

-STATUTE-
      (a) Imposition of Tax. - A tax of 50 cents per ton, to be called
    "light money", is imposed on a vessel not of the United States at
    each entry in a port of the United States. This tax shall be
    imposed and collected under the same regulations that apply to
    tonnage taxes.
      (b) Exception for Vessels Owned by Citizens. - 
        (1) In general. - Subsection (a) does not apply to a vessel
      owned only by citizens of the United States if - 
          (A) the vessel is carrying a regular document issued by a
        customhouse of the United States proving the vessel to be owned
        only by citizens of the United States; and
          (B) on entry of the vessel from a foreign port, the
        individual designated under paragraph (2) states under oath
        that - 
            (i) the document contains the names of all the owners of
          the vessel; or
            (ii) part of the ownership has been transferred since the
          document was issued and, to the best of that individual's
          knowledge and belief, the vessel is still owned only by
          citizens of the United States.

        (2) Person to make statement. - The statement under paragraph
      (1)(B) shall be made by - 
          (A) an owner if one resides at the port of entry; or
          (B) the master if an owner does not reside at the port of
        entry.

      (c) Exception for Vessels Becoming Documented. - Subsection (a)
    section does not apply to a vessel that - 
        (1) is owned only by citizens of the United States; and
        (2) after entering a port of the United States, becomes
      documented as a vessel of the United States before leaving that
      port.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1678.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60303(a)       46 App.:128 (words      R.S. Sec. 4225.              
                    before proviso).                                    
    60303(b)       46 App.:129.            R.S. Sec. 4226.              
    60303(c)       46 App.:128             Mar. 4, 1915, ch. 171, Sec.  
                    (proviso).              1, 38 Stat. 1193.           
    --------------------------------------------------------------------

      In subsection (a), the word "tax" is substituted for "duty", and
    the word "imposed" is substituted for "levied and collected", for
    consistency in the chapter. The words "in the same manner" are
    omitted as unnecessary.
      In subsection (b)(1), before subparagraph (A), the words "does
    not apply to" are substituted for "shall not be deemed to operate
    upon" to eliminate unnecessary words. The word "unregistered" is
    omitted as unnecessary. The word "only" is added for clarity and
    for consistency in the revised title. In subparagraph (A), the
    words "owned only by citizens of the United States" are substituted
    for "American property" for consistency. In subparagraph (B)(ii),
    the words "sold or" are omitted as unnecessary. The words "owned
    only by citizens of the United States" are substituted for "no
    foreign subject or citizen has . . . any share, by way of trust,
    confidence, or otherwise" to eliminate unnecessary words.
      In subsection (b)(2), subparagraph (A) is substituted for "if the
    same shall be at the port at which the owner or any of the part
    owners reside", and subparagraph (B) is substituted for "If the
    owner or any part owner does not reside at the port or place at
    which such vessel shall enter, then the master shall make oath to
    the like effect", to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 60304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
    Sec. 60304. Presidential suspension of tonnage taxes and light
      money

-STATUTE-
      If the President is satisfied that the government of a foreign
    country does not impose discriminating or countervailing duties to
    the disadvantage of the United States, the President shall suspend
    the imposition of special tonnage taxes and light money under
    sections 60302 and 60303 of this title on vessels of that country.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1678.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60304          46 App.:121 (5th        R.S. Sec. 4219 (4th sentence 
                    sentence words          words after semicolon); Feb.
                    after semicolon).       27, 1877, ch. 69, Sec. 1, 19
                                            Stat. 250.                  
    --------------------------------------------------------------------

      The words "If the President is satisfied . . . the President
    shall suspend the imposition" are substituted for "none of the
    duties . . . shall be levied . . . if the President of the United
    States shall be satisfied", the words "does not impose" are
    substituted for "have been abolished", and the words "special
    tonnage taxes and light money" are substituted for "duties on
    tonnage above mentioned", for clarity.

-End-



-CITE-
    46 USC Sec. 60305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
    Sec. 60305. Vessels in distress

-STATUTE-
      A vessel is exempt from tonnage taxes and light money when it
    enters because it is in distress.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1678.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60305          46 App.:121 (3d         Aug. 5, 1909, ch. 6, Sec. 36 
                    sentence related to     (2d sentence related to     
                    distress).              distress), 36 Stat. 111;    
                                            Pub. L. 101-508, title X,   
                                            Sec. 10402(a), Nov. 5, 1990,
                                            104 Stat. 1388-398; Pub. L. 
                                            103-66, title IX, Sec.      
                                            9001(a)(3), (c)(1), Aug. 10,
                                            1993, 107 Stat. 402.        
    --------------------------------------------------------------------

      The words "and light money" are added for clarity and
    consistency. See 19 C.F.R. Sec. 4.21 (2003).

-End-



-CITE-
    46 USC Sec. 60306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
    Sec. 60306. Vessels not engaged in trade

-STATUTE-
      A vessel is exempt from tonnage taxes and light money when not
    engaged in trade.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1678.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60306          46 App.:121 (3d         Aug. 5, 1909, ch. 6, Sec. 36 
                    sentence related to     (2d sentence related to     
                    trade).                 trade), 36 Stat. 111; Pub.  
                                            L. 101-508, title X, Sec.   
                                            10402(a), Nov. 5, 1990, 104 
                                            Stat. 1388-398; Pub. L.     
                                            103-66, title IX, Sec.      
                                            9001(a)(3), (c)(1), Aug. 10,
                                            1993, 107 Stat. 402.        
    --------------------------------------------------------------------

      The words "and light money" are added for clarity and
    consistency. See 19 C.F.R. Sec. 4.21 (2003).

-End-



-CITE-
    46 USC Sec. 60307                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
    Sec. 60307. Vessels engaged in coastwise trade or the fisheries

-STATUTE-
      A vessel with a registry endorsement or a coastwise endorsement,
    trading from one port in the United States to another port in the
    United States or employed in the bank, whale, or other fisheries,
    is exempt from tonnage taxes and light money.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1678.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60307          46 App.:122.            R.S. Sec. 4220.              
    --------------------------------------------------------------------

      The words "with a registry endorsement or a coastwise
    endorsement" are substituted for "if such vessel be licensed,
    registered, or enrolled" for consistency with chapter 121 of the
    revised title. The words "belonging to any citizen of the United
    States" are omitted as unnecessary because, under chapter 121 as
    amended by this bill, ownership by a citizen of the United States
    is a requirement for documentation. The words "and light money" are
    added for clarity and consistency. See 19 C.F.R. Sec. 4.21 (2003).

-End-



-CITE-
    46 USC Sec. 60308                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
    Sec. 60308. Vessels engaged in Great Lakes trade

-STATUTE-
      A documented vessel with a registry endorsement, engaged in
    foreign trade on the Great Lakes or their tributary or connecting
    waters in trade with Canada, does not become subject to tonnage
    taxes or light money because of that trade.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1679.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60308          46 App.:123.            R.S. Sec. 2793; Sept. 25,    
                                            1941, ch. 423, 55 Stat. 733;
                                            Pub. L. 103-182, title VI,  
                                            Sec. 686(a)(1), Dec. 8,     
                                            1993, 107 Stat. 2220; Pub.  
                                            L. 104-324, title XI, Sec.  
                                            1115(b)(4), Oct. 19, 1996,  
                                            110 Stat. 3972.             
    --------------------------------------------------------------------

      The words "or light money" are added for clarity and consistency.
    See 19 C.F.R. Sec. 4.21 (2003).
      The statutory source for this section, R.S. Sec. 2793, is amended
    by section 13(a) of this bill. See the explanation in this report
    for that amendment.

-End-



-CITE-
    46 USC Sec. 60309                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
    Sec. 60309. Passenger vessels making trips between ports of the
      United States and foreign ports

-STATUTE-
      A passenger vessel making at least 3 trips per week between a
    port of the United States and a foreign port is exempt from tonnage
    taxes and light money.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1679.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60309          46 App.:124.            R.S. Sec. 2792; May 28,      
                                            1908, ch. 212, Sec. 1, 35   
                                            Stat. 424.                  
    --------------------------------------------------------------------

      The words "at least 3 trips per week" are substituted for
    "triweekly or oftener" for clarity. The words "and light money" are
    added for clarity and consistency. See 19 C.F.R. Sec. 4.21 (2003).
    The words "while such service triweekly or oftener is maintained"
    are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 60310                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
    Sec. 60310. Vessels making daily trips on interior waters

-STATUTE-
      A vessel making regular daily trips between a port of the United
    States and a port of Canada only on interior waters not navigable
    to the ocean is exempt from tonnage taxes and light money, except
    on its first clearing each year.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1679.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60310          46 App.:125.            R.S. Sec. 4221.              
    --------------------------------------------------------------------

      The words "is exempt from tonnage taxes" are substituted for "no
    tonnage fees shall be charged" for consistency in the revised
    chapter. The words "and light money" are added for clarity and
    consistency. See 19 C.F.R. Sec. 4.21 (2003). The words "by the
    officers of the United States" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 60311                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
    Sec. 60311. Hospital vessels in time of war

-STATUTE-
      In time of war, a hospital vessel is exempt from tonnage taxes,
    light money, and pilotage charges in the ports of the United States
    if the vessel is one for which the conditions of the international
    convention for the exemption of hospital ships from taxation in
    time of war, concluded at The Hague on December 21, 1904, are
    satisfied. The President by proclamation shall name the vessels for
    which the conditions are satisfied and state when the exemption
    begins and ends.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1679.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60311          46 App.:133.            Mar. 24, 1908, ch. 96, 35    
                                            Stat. 46.                   
                   46 App.:134.                                         
    --------------------------------------------------------------------

      The words "and possessions thereof" are omitted as unnecessary
    because of the definition of "United States" in chapter 1 of the
    revised title.

-End-



-CITE-
    46 USC Sec. 60312                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 603 - TONNAGE TAXES AND LIGHT MONEY

-HEAD-
    Sec. 60312. Rights under treaties preserved

-STATUTE-
      This chapter and chapter 605 of this title do not affect a right
    or privilege of a foreign country relating to tonnage taxes or
    other duties on vessels under a law or treaty of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1679.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60312          46 App.:121 (last       R.S. Sec. 4219 (last         
                    sentence words          sentence words between 1st  
                    before semicolon).      and last semicolons); Feb.  
                                            27, 1877, ch. 69, Sec. 1, 19
                                            Stat. 250.                  
                   46 App.:135.            R.S. Sec. 4227.              
    --------------------------------------------------------------------

      The words "This chapter and chapter 605 of this title" are
    substituted for "title 48 of the Revised Statutes" in 46 App.
    U.S.C. 135 because the provisions of title 48 of the Revised
    Statutes which are still alive and relate to tonnage or other
    duties on vessels are restated in these two chapters. Although
    these two chapters restate other provisions which are not from
    title 48 of the Revised Statutes, expansion of the reference to
    include those provisions is done for consistency.

-End-


-CITE-
    46 USC CHAPTER 605 - DISCRIMINATING DUTIES AND RECIPROCAL
           PRIVILEGES                                      01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 605 - DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES

-HEAD-
       CHAPTER 605 - DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES   

-MISC1-
    Sec.                                                     
    60501.      Vessels allowed to import.                            
    60502.      Discriminating duty on goods imported in foreign
                 vessels or from contiguous countries.                
    60503.      Reciprocal suspension of discriminating duties.       
    60504.      Reciprocal privileges for recreational vessels.       
    60505.      Retaliatory suspension of commercial privileges.      
    60506.      Retaliation against British dominions of North
                 America.                                             
    60507.      Suspension of free passage through Saint Marys Falls
                 Canal.                                               

-End-



-CITE-
    46 USC Sec. 60501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 605 - DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES

-HEAD-
    Sec. 60501. Vessels allowed to import

-STATUTE-
      (a) In General. - Except as otherwise provided by treaty, goods
    may be imported into the United States from a foreign port or place
    only in - 
        (1) a vessel of the United States; or
        (2) a foreign vessel owned only by citizens or subjects of the
      country - 
          (A) in which the goods are grown, produced, or manufactured;
        or
          (B) from which the goods can only be, or most usually are,
        first shipped for transportation.

      (b) Exception for Vessels of Countries Not Maintaining Similar
    Restrictions. - Subsection (a) does not apply to a vessel of a
    foreign country that does not maintain a similar restriction
    against United States documented vessels.
      (c) Exception for Vessels Becoming Documented. - Subsection (a)
    does not apply to a vessel that - 
        (1) is owned only by citizens of the United States; and
        (2) after entering a port of the United States, becomes
      documented as a vessel of the United States before leaving that
      port.

      (d) Seizure and Forfeiture. - If goods are imported in violation
    of this section, the goods and the vessel in which they are
    imported, along with its equipment and other cargo, may be seized
    by and forfeited to the United States Government.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1679.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60501(a)       19:130 (1st             Oct. 3, 1913, ch. 16, Sec.   
                    sentence).              IV(J)(2), (3), 38 Stat. 196;
                                            Mar. 15, 1915, ch. 171, Sec.
                                            1, 38 Stat. 1193; Pub. L.   
                                            103-182, title VI, Sec.     
                                            689(a)(2), Dec. 8, 1993, 107
                                            Stat. 2222.                 
    60501(b)       19:131 (words                                        
                    before "nor").                                      
    60501(c)       19:131 (words                                        
                    beginning with                                      
                    "nor").                                             
    60501(d)       19:130 (last                                         
                    sentence related to                                 
                    19:130).                                            
    --------------------------------------------------------------------

      In this section, the word "goods" is substituted for "goods,
    wares, or merchandise" to eliminate unnecessary words.
      In subsection (a)(2), before subparagraph (A), the words "owned
    only by" are substituted for "truly and wholly belong to" for
    consistency in the revised title.
      In subsection (b), the words "or goods, wares, or merchandise
    imported in vessels" are omitted as unnecessary because of the
    wording of subsection (a) of the revised section. The word
    "restriction" is substituted for "regulation" as being more
    appropriate.
      Subsection (d) is substituted for "All goods, wares, or
    merchandise imported contrary to this section or section 128 of
    this title, and the vessel wherein the same shall be imported,
    together with her cargo, tackle, apparel, and furniture, shall be
    forfeited to the United States; and such goods, wares, or
    merchandise, ship, or vessel, and cargo shall be liable to be
    seized, prosecuted, and condemned in like manner, and under the
    same regulations, restrictions, and provisions as have been
    heretofore established for the recovery, collection, distribution,
    and remission of forfeitures to the United States by the several
    revenue laws" to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 60502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 605 - DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES

-HEAD-
    Sec. 60502. Discriminating duty on goods imported in foreign
      vessels or from contiguous countries

-STATUTE-
      (a) Imposition of Duty. - A discriminating duty of 10 percent ad
    valorem (in addition to other duties imposed by law) is imposed on
    goods - 
        (1) imported in a vessel not of the United States unless the
      vessel - 
          (A) is entitled by law or treaty to enter the ports of the
        United States on payment of the same duties as are payable on
        goods imported in a vessel of the United States; or
          (B)(i) is owned only by citizens of the United States; and
          (ii) after entering a port of the United States, becomes
        documented as a vessel of the United States before leaving that
        port; or

        (2) produced or manufactured in a foreign country not
      contiguous to the United States and imported from a country
      contiguous to the United States, unless imported in the usual
      course of strictly retail trade.

      (b) Seizure and Forfeiture. - If goods are imported without
    payment of the duty required by this section, the goods and the
    vessel in which they are imported may be seized by, and forfeited
    to, the United States Government.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1680.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60502(a)       19:128.                 Oct. 3, 1913, ch. 16, Sec.   
                                            IV(J)(1), 38 Stat. 196; Mar.
                                            15, 1915, ch. 171, Sec. 1,  
                                            38 Stat. 1193; Pub. L.      
                                            103-182, title VI, Sec.     
                                            689(a)(1), Dec. 8, 1993, 107
                                            Stat. 2222.                 
                   46 App.:146.                                         
    60502(b)       19:130 (last            Oct. 3, 1913, ch. 16, Sec.   
                    sentence related to     IV(J)(2), 38 Stat. 196.     
                    19:128).                                            
    --------------------------------------------------------------------

      In this section, the word "goods" is substituted for "goods,
    wares, or merchandise" to eliminate unnecessary words.
      In subsection (a)(1), subparagraphs (A) and (B) are substituted
    for "but this discriminating duty shall not apply to goods, wares,
    or merchandise which shall be imported in vessels not of the United
    States entitled at the time of such importation by treaty or
    convention or Act of Congress to be entered in the ports of the
    United States on payment of the same duties as shall then be
    payable on goods, wares, and merchandise imported in vessels of the
    United States, nor to goods, wares, and merchandise imported in a
    vessel owned by citizens of the United States but not a vessel of
    the United States if such vessel after entering an American port
    shall, before leaving the same, be documented under chapter 121 of
    title 46" to eliminate unnecessary words.
      Subsection (a)(2) is substituted for "or which being the
    production or manufacture of any foreign country not contiguous to
    the United States, shall come into the United States from such
    contiguous country" and "but this discriminating duty shall not
    apply . . . nor to such products or manufactures as shall be
    imported from such contiguous countries in the usual course of
    strictly retail trade" to eliminate unnecessary words.
      Subsection (b) is substituted for the source provision for
    consistency with section 60501(d) and to eliminate unnecessary
    words. See note for section 60501(d) in this report.

-End-



-CITE-
    46 USC Sec. 60503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 605 - DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES

-HEAD-
    Sec. 60503. Reciprocal suspension of discriminating duties

-STATUTE-
      (a) General Authority. - On receiving satisfactory proof from the
    government of a foreign country that it has suspended, in any part,
    the imposition of discriminating duties for any class of vessels
    owned by citizens of the United States or goods imported in those
    vessels, the President may proclaim a reciprocal suspension of
    discriminating duties for the same class of vessels owned by
    citizens of that country or goods imported in those vessels.
      (b) Effective and Expiration Dates. - A suspension under this
    section takes effect retroactively from the date the President
    received the proof from the foreign government, and expires when
    that government stops granting the reciprocal suspension.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1680.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60503          46 App.:141.            R.S. Sec. 4228; July 24,     
                                            1897, ch. 13, 30 Stat. 214. 
    --------------------------------------------------------------------

      In this section, the word "goods" is substituted for "produce,
    manufactures, or merchandise", "merchandise", and "cargoes" for
    consistency in the chapter. Other changes are made to eliminate
    unnecessary words.

-End-



-CITE-
    46 USC Sec. 60504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 605 - DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES

-HEAD-
    Sec. 60504. Reciprocal privileges for recreational vessels

-STATUTE-
      When the President is satisfied that yachts owned by residents of
    the United States and used only for pleasure are allowed to arrive
    at, depart from, and cruise in the waters of a foreign port without
    entering, clearing, or paying any duties or fees (including
    cruising license fees), the Secretary of Homeland Security may
    allow yachts from that foreign port used only for pleasure to
    arrive at and depart from the ports of the United States and to
    cruise in the waters of the United States without paying any duties
    or fees. However, the Secretary may require foreign yachts to
    obtain a license to cruise in the waters of the United States. The
    license shall be in the form prescribed by the Secretary and
    contain limitations about length of time, direction, place of
    cruising and action, and other matters the Secretary considers
    appropriate. The license shall be issued without cost to the yacht.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1680.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60503          46 App.:104.            May 28, 1908, ch. 212, Sec.  
                                            5, 35 Stat. 425; Aug. 5,    
                                            1909, ch. 6, Sec. 37 (3d    
                                            par.), 36 Stat. 112; June   
                                            26, 1948, ch. 673, 62 Stat. 
                                            1051.                       
    --------------------------------------------------------------------

      The Secretary of Homeland Security is substituted for the
    Commissioner of Customs because the functions of the Customs
    Service and of the Secretary of the Treasury relating thereto were
    transferred to the Secretary of Homeland Security by section 403(1)
    of the Homeland Security Act of 2002 (Pub. L. 107-296, 116 Stat.
    2178). The functions of the Commissioner of Customs previously were
    vested in the Secretary of the Treasury under section 321(c) of
    title 31. For prior related transfers of functions, see the
    transfer of functions note under 46 App. U.S.C. 104.

-End-



-CITE-
    46 USC Sec. 60505                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 605 - DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES

-HEAD-
    Sec. 60505. Retaliatory suspension of commercial privileges

-STATUTE-
      (a) General Authority. - The President may proclaim a suspension
    of commercial privileges to vessels of a foreign country when - 
        (1) vessels of that country have been given the same commercial
      privileges in the ports and waters of the United States given to
      vessels of the United States (except the privilege of engaging in
      coastwise commerce); and
        (2) vessels of the United States are denied commercial
      privileges in the ports or waters of that country given to
      vessels of that country.

      (b) Application. - A suspension under this section shall apply to
    the same commercial privileges denied to vessels of the United
    States in the ports or waters of the foreign country, and to the
    same class of vessels of that country as the class of vessels of
    the United States denied the privileges.
      (c) Effective Date. - The President shall designate the effective
    date of the suspension in the proclamation.
      (d) Penalties. - 
        (1) Seizure and forfeiture. - If the master, officer, or agent
      of a vessel of a foreign country does an act for the vessel in
      the ports or waters of the United States in violation of a
      proclamation issued under this section, the vessel and the goods
      on the vessel may be seized by, and forfeited to, the United
      States Government.
        (2) Fine or imprisonment. - A person opposing an official of
      the Government enforcing this section shall be fined under title
      18, imprisoned for not more than 2 years, or both.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1681.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60505          46 App.:142.            June 19, 1886, ch. 421, Sec. 
                                            17, 24 Stat. 82.            
    --------------------------------------------------------------------

      In this section, the words "vessels of the United States" are
    used instead of both "vessels of the United States" and "American
    vessels" for consistency in the section. The words "vessels of a
    foreign country" and "vessels of that country" are substituted for
    "foreign country whose vessels", "national vessels", "vessels of
    such foreign country", and similar references, for consistency. The
    words "ports and waters" and "ports or waters" are substituted for
    "ports", "harbors, ports, or waters", and "ports, harbors, or
    waters" for consistency.
      In subsection (a), before paragraph (1), the words "on receiving
    satisfactory information of the continuance of such discriminations
    against any vessels of the United States" are omitted as
    unnecessary. In paragraph (1), the words "given the same commercial
    privileges" are substitued for "placed on the same footing" for
    clarity and for consistency in the section.
      Subsection (b) is substituted for "excluding . . . from the
    exercise of such commercial privileges in the ports of the United
    States as are denied to American vessels in the ports of such
    foreign country, all vessels of such foreign country of a similar
    character to the vessels of the United States thus discriminated
    against" for clarity and to eliminate unnecessary words.
      Subsection (c) is substituted for "on and after such time as he
    may indicate" for clarity.
      Subsection (d)(1) is substituted for "and on and after the date
    named in such proclamation for it to take effect, if the master,
    officer, or agent of any vessel of such foreign country excluded by
    said proclamation from the exercise of any commercial privileges
    shall do any act prohibited by said proclamation in the ports,
    harbors, or waters of the United States for or on account of such
    vessel, such vessel, and its rigging, tackle, furniture, and boats,
    and all the goods on board, shall be liable to seizure and to
    forfeiture to the United States" for consistency in the revised
    title and to eliminate unnecessary words.
      Subsection (d)(2) is substituted for "any person opposing any
    officer of the United States in the enforcement of this section, or
    aiding and abetting any other person in such opposition, shall
    forfeit $800, and shall be guilty of a misdemeanor, and, upon
    conviction, shall be liable to imprisonment for a term not
    exceeding two years" because of chapter 227 of title 18.

-End-



-CITE-
    46 USC Sec. 60506                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 605 - DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES

-HEAD-
    Sec. 60506. Retaliation against British dominions of North America

-STATUTE-
      (a) General Authority. - The President by proclamation may
    prohibit vessels of the British dominions of North America, their
    masters and crews, and products of or coming from those dominions,
    from entering waters, ports, or places of the United States when
    the President is satisfied that - 
        (1) fishermen or fishing vessels of the United States in
      waters, ports, or places of the British dominions of North
      America are being or recently have been - 
          (A) denied rights provided by law or treaty;
          (B) subjected to unreasonable restrictions in the exercise of
        those rights; or
          (C) otherwise harassed;

        (2) fishermen or fishing vessels of the United States, having a
      permit under the laws of the United States to dock or trade at a
      port or place in the British dominions of North America, are
      being or recently have been - 
          (A) denied the privilege of entering the port or place in the
        same manner and under the same regulations applicable to
        trading vessels of the most-favored-nation;
          (B) prevented from buying supplies allowed to be sold to
        trading vessels of the most-favored-nation; or
          (C) otherwise harassed; or

        (3) other vessels of the United States or their masters or
      crews in waters, ports, or places of the British dominions of
      North America are being or recently have been - 
          (A) denied privileges given to vessels of the most-favored-
        nation or their masters or crews; or
          (B) otherwise harassed.

      (b) Coverage and Exceptions. - The President may apply a
    proclamation under this section to any of the subjects named, and
    may include exceptions for vessels in distress or need of supplies.
    The President may change, revoke, and renew the proclamation.
      (c) Penalties. - A person violating a proclamation issued under
    this section shall be fined under title 18, imprisoned for not more
    than 2 years, or both. A vessel or goods found in waters, ports, or
    places of the United States in violation of the proclamation may be
    seized by, and forfeited to, the United States Government.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1681.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60506          46 App.:143.            Mar. 3, 1887, ch. 339, 24    
                                            Stat. 475.                  
    --------------------------------------------------------------------

      In this section, the words "fishermen or fishing vessels of the
    United States" are substituted for "American fishing vessels or
    American fishermen" for consistency in the revised title. The words
    "are or recently have been denied" are substituted for "are or then
    lately have been denied or abridged" to eliminate unnecessary
    words.
      In subsection (a), the words before paragraph (1) are substituted
    for "Whenever the President of the United States shall be satisfied
    . . . then, and in either or all of such cases, it shall be lawful,
    and it shall be the duty of the President of the United States, in
    his discretion, by proclamation to that effect, to deny vessels,
    their masters and crews, of the British dominions of North America,
    any entrance into the waters, ports, or places of or within the
    United States . . . whether such vessel shall have come directly
    from said dominions on such destined voyage or by way of some port
    or place in such destined voyage elsewhere; and also to deny entry
    into any port or place of the United States of fresh fish or salt
    fish or any other product of said dominions, or other goods coming
    from said dominions to the United States" to eliminate unnecessary
    words.
      In subsection (a)(1)(B), the words "regulations, or requirements"
    are omitted as unnecessary.
      In subsection (a)(1)(C), the words "otherwise harassed" are
    substituted for "unjustly vexed or harassed in the enjoyment of
    such rights, . . . or otherwise unjustly vexed or harassed" to
    eliminate unnecessary words.
      In subsection (a)(2), before subparagraph (A), the word "dock" is
    substituted for "touch" for clarity. In subparagraph (C), the words
    "otherwise harassed" are substituted for "unjustly vexed or
    harassed, in respect thereof, or otherwise be unjustly vexed or
    harassed therein" to eliminate unnecessary words.
      In subsection (a)(3)(B), the words "otherwise harassed" are
    substituted for "unjustly vexed or harassed in respect of the same,
    or unjustly vexed or harassed therein" to eliminate unnecessary
    words.
      Subsection (b) is substituted for "(with such exceptions in
    regard to vessels in distress, stress of weather, or needing
    supplies as to the President shall seem proper)" and "The President
    may, in his discretion, apply such proclamation to any part or to
    all of the foregoing named subjects, and may revoke, qualify,
    limit, and renew such proclamation from time to time as he may deem
    necessary to the full and just execution of the purposes of this
    section" to eliminate unnecessary words.
      Subsection (c) is substituted for "Every violation of any such
    proclamation, or any part thereof, is declared illegal, and all
    vessels and goods so coming or being within the waters, ports, or
    places of the United States contrary to such proclamation shall be
    forfeited to the United States; and such forfeiture shall be
    enforced and proceeded upon in the same manner and with the same
    effect as in the case of vessels or goods whose importation or
    coming to or being in the waters or ports of the United States
    contrary to law may be enforced and proceeded upon. Every person
    who shall violate any of the provisions of this section, or such
    proclamation of the President made in pursuance hereof, shall be
    deemed guilty of a misdemeanor, and, on conviction thereof, shall
    be punished by a fine not exceeding $1,000, or by imprisonment for
    a term not exceeding two years, or by both said punishments, in the
    discretion of the court." for consistency in the revised title and
    with chapter 227 of title 18 and to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 60507                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VI - Clearance, Tonnage Taxes, and Duties
    CHAPTER 605 - DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES

-HEAD-
    Sec. 60507. Suspension of free passage through Saint Marys Falls
      Canal

-STATUTE-
      (a) Purpose. - The purpose of this section is to secure
    reciprocal advantages for the citizens, ports, and vessels of the
    United States.
      (b) General Authority. - When the President is satisfied that
    vessels of the United States, or passengers or cargo being
    transported to a port of the United States, are prohibited from
    passing through a canal or lock connected with the navigation of
    the Saint Lawrence River, the Great Lakes, or their connecting
    waterways, or burdened in that passage by tolls or other means that
    are unreasonable in view of the free passage through the Saint
    Marys Falls Canal allowed to vessels of all countries, the
    President by proclamation may suspend the right of free passage
    through the Saint Marys Falls Canal for vessels owned by subjects
    of the country imposing the prohibition, tolls, or other burdens
    and for passengers and cargo being transported to the ports of that
    country, even when carried in vessels of the United States. The
    suspension shall apply to the extent and for the time the President
    considers appropriate.
      (c) Imposition of Toll. - 
        (1) In general. - During a suspension under this section, the
      President shall impose a toll of not more than $2 per ton on
      cargo and not more than $5 on each passenger.
        (2) Exceptions. - Notwithstanding paragraph (1), a toll may not
      be imposed on passengers or cargo landed at Ogdensburg, New York,
      or any port west of Ogdensburg and south of a line drawn from the
      northern boundary of New York through the Saint Lawrence River,
      the Great Lakes, and their connecting channels to the northern
      boundary of Minnesota.

      (d) Collection of Toll. - 
        (1) In general. - A toll imposed under this section shall be
      collected under regulations prescribed by the Secretary of
      Homeland Security. The Secretary may require the master of a
      vessel to provide a sworn statement of the amount and kind of
      cargo, the number of passengers, and the destination of the
      passengers and cargo.
        (2) Proof of landing. - When applicable, the Secretary also may
      require satisfactory proof that the passengers and cargo were
      landed at a port described in subsection (c)(2). Until that proof
      is provided, the Secretary may assume the passengers and cargo
      were not landed at such a port, and the amount of a toll that
      otherwise would be imposed is a lien enforceable against the
      vessel when found in the waters of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 9(b), Oct. 6, 2006, 120 Stat. 1682.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60507(a)       46 App.:144 (1st        July 26, 1892, ch. 248, 27   
                    par. words before       Stat. 267.                  
                    3d comma).                                          
    60507(b)       46 App.:144 (1st                                     
                    par. words after 3d                                 
                    comma).                                             
    60507(c)       46 App.:144 (last                                    
                    par.).                                              
    60507(d)       46 App.:145.                                         
    --------------------------------------------------------------------

      In this section, the word "cargo" is substituted for "cargo",
    "cargoes", "portions or cargoes", "freight", and "freight of
    whatever kind or description" for consistency and to eliminate
    unnecessary words.
      Subsection (a) is substituted for "With a view of securing
    reciprocal advantages for the citizens, ports, and vessels of the
    United States" to improve the organization of the section.
      In subsection (b), the words "and so often as" are omitted as
    unnecessary. The word "burdened" is substituted for "made difficult
    or burdensome", the word "unreasonable" is substituted for
    "reciprocally unjust and unreasonable", the words "the President by
    proclamation may suspend" are substituted for "he shall have the
    power, and it shall be his duty, to suspend by proclamation to that
    effect", the words "even when carried in vessels of the United
    States" are substituted for "whether carried in vessels of the
    United States or of other nations", and the words "The suspension
    shall apply to the extent and for the time the President considers
    appropriate" are substituted for "for such time and to such extent
    (including absolute prohibition) as he shall deem just", to
    eliminate unnecessary words.
      In subsection (c)(1), the words "the President shall impose a
    toll of" are substituted for "tolls shall be levied, collected, and
    paid as follows, to wit: . . . as shall be from time to time
    determined by the President" for clarity and to eliminate
    unnecessary words.
      In subsection (c)(2), the word "landed" is substituted for
    "carried to and landed" to eliminate unnecessary words.
      In subsection (d), the Secretary of Homeland Security is
    substituted for the Commissioner of Customs because the functions
    of the Customs Service and of the Secretary of the Treasury
    relating thereto were transferred to the Secretary of Homeland
    Security by section 403(1) of the Homeland Security Act of 2002
    (Pub. L. 107-296, 116 Stat. 2178). The functions of the
    Commissioner of Customs previously were vested in the Secretary of
    the Treasury under section 321(c) of title 31. For prior related
    transfers of functions, see the transfer of functions note under 46
    App. U.S.C. 145.
      In subsection (d)(2), the words "a port described in subsection
    (c)(2) of this section" are substituted for "some port or place
    within the limits above named" for clarity.

-End-


-CITE-
    46 USC Subtitle VII - Security and Drug Enforcement         01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement

-HEAD-
    Subtitle VII - Security and Drug Enforcement

-MISC1-
    Chapter                                                          Sec.
    701.    Port Security                                          70101
    703.    Maritime Security                                      70301
    705.    Maritime Drug Law Enforcement                          70501

                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 10(1), Oct. 6, 2006, 120 Stat. 1683,
    amended analysis generally, substituting "Security and Drug
    Enforcement" for "Miscellaneous" in subtitle heading and adding
    items 703 and 705.
      Pub. L. 109-304, Sec. 9(a), Oct. 6, 2006, 120 Stat. 1674, which
    directed redesignation of subtitle VI of this title as subtitle
    VII, could not be executed because of prior amendment by Pub. L.
    109-241, Sec. 901(k)(1). See below.
      Pub. L. 109-241, title IX, Sec. 901(k)(1), July 11, 2006, 120
    Stat. 564, redesignated subtitle VI of this title as subtitle VII.

-End-


-CITE-
    46 USC CHAPTER 701 - PORT SECURITY                          01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
                        CHAPTER 701 - PORT SECURITY                    

-MISC1-
    Sec.                                                     
    70101.      Definitions.                                          
    70102.      United States facility and vessel vulnerability
                 assessments.                                         
    70103.      Maritime transportation security plans.               
    70104.      Transportation security incident response.            
    70105.      Transportation security cards.                        
    70106.      Maritime safety and security teams.                   
    70107.      Grants.                                               
    70107A.     Interagency operational centers for port security (!1)

    70108.      Foreign port assessment.                              
    70109.      Notifying foreign authorities.                        
    70110.      Actions and assistance for foreign ports and United
                 States territories.                                  
    70111.      Enhanced crewmember identification.                   
    70112.      Maritime security advisory committees.(!2)            

    70113.      Maritime intelligence.                                
    70114.      Automatic identification systems.                     
    70115.      Long-range vessel tracking system.                    
    70116.      Secure systems of transportation.                     
    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.                             

                                AMENDMENTS                            
      2006 - Pub. L. 109-347, title I, Sec. 108(d), title II, Sec.
    233(d), Oct. 13, 2006, 120 Stat. 1893, 1918, added item 70107A and
    substituted "Actions and assistance for foreign ports and United
    States territories" for "Actions when foreign ports not maintaining
    effective antiterrorism measures" in item 70110.
      Pub. L. 109-304, Sec. 15(33)(E), Oct. 6, 2006, 120 Stat. 1705,
    which directed the substitution of items 70117 to 70121 for items
    70117 to 70119, was executed by making the substitution for items
    70117 "Civil penalty", 70118 "Enforcement", 70117 "In rem liability
    for civil penalties and certain costs", 70118 "Enforcement by
    injunction or withholding of clearance", and 70119 "Civil penalty"
    to reflect the probable intent of Congress.
      Pub. L. 109-241, Sec. 901(l)(5), July 11, 2006, 120 Stat. 565,
    which directed amendment of analysis by striking items 70117
    through the second 70119 and inserting items 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", and 70121 "Withholding of
    clearance", could not be executed because only one item 70119
    appeared.
      2004 - Pub. L. 108-293, title VIII, Sec. 802(c), Aug. 9, 2004,
    118 Stat. 1080, added items 70117 "In rem liability for civil
    penalties and certain costs", 70118 "Enforcement by injunction or
    withholding of clearance", and 70119 "Civil penalty", and struck
    out former item 70119 "Enforcement by State and local officers".
      Pub. L. 108-293, title VIII, Sec. 801(b), Aug. 9, 2004, 118 Stat.
    1078, added items 70118 "Enforcement" and 70119 "Enforcement by
    State and local officers".

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by a period.

               

    (!2) So in original. Does not conform to section catchline.


-End-



-CITE-
    46 USC Sec. 70101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70101. Definitions

-STATUTE-
      For the purpose of this chapter:
        (1) The term "Area Maritime Transportation Security Plan" means
      an Area Maritime Transportation Security Plan prepared under
      section 70103(b).
        (2) The term "facility" means any structure or facility of any
      kind located in, on, under, or adjacent to any waters subject to
      the jurisdiction of the United States.
        (3) The term "National Maritime Transportation Security Plan"
      means the National Maritime Transportation Security Plan prepared
      and published under section 70103(a).
        (4) The term "owner or operator" means - 
          (A) in the case of a vessel, any person owning, operating, or
        chartering by demise, such vessel; and
          (B) in the case of a facility, any person owning, leasing, or
        operating such facility.

        (5) The term "Secretary" means the Secretary of the department
      in which the Coast Guard is operating.
        (6) The term "transportation security incident" means a
      security incident resulting in a significant loss of life,
      environmental damage, transportation system disruption, or
      economic disruption in a particular area. In this paragraph, the
      term "economic disruption" does not include a work stoppage or
      other employee-related action not related to terrorism and
      resulting from an employee-employer dispute.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2068; amended Pub. L. 109-347, title I, Sec. 124, Oct. 13,
    2006, 120 Stat. 1900.)


-MISC1-
                                AMENDMENTS                            
      2006 - Par. (6). Pub. L. 109-347 inserted at end "In this
    paragraph, the term 'economic disruption' does not include a work
    stoppage or other employee-related action not related to terrorism
    and resulting from an employee-employer dispute."

                                REGULATIONS                            
      Pub. L. 107-295, title I, Sec. 102(d), Nov. 25, 2002, 116 Stat.
    2084, provided that:
      "(1) Interim final rule authority. - The Secretary shall issue an
    interim final rule as a temporary regulation implementing this
    section [enacting this subtitle and provisions set out as notes
    under sections 70104 and 70114 of this title] (including the
    amendments made by this section) as soon as practicable after the
    date of enactment of this section [Nov. 25, 2002], without regard
    to the provisions of chapter 5 of title 5, United States Code. All
    regulations prescribed under the authority of this subsection that
    are not earlier superseded by final regulations shall expire not
    later than 1 year after the date of enactment of this Act [Nov. 25,
    2002].
      "(2) Initiation of rulemaking. - The Secretary may initiate a
    rulemaking to implement this section (including the amendments made
    by this section) as soon as practicable after the date of enactment
    of this section. The final rule issued pursuant to that rulemaking
    may supersede the interim final rule promulgated under this
    subsection."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC2-
                 WATCH LISTS FOR PASSENGERS ABOARD VESSELS             
      Pub. L. 108-458, title IV, Sec. 4071, Dec. 17, 2004, 118 Stat.
    3729, provided that:
      "(a) Watch Lists. - 
        "(1) In general. - As soon as practicable but not later than
      180 days after the date of the enactment of this Act [Dec. 17,
      2004], the Secretary of Homeland Security shall - 
          "(A) implement a procedure under which the Department of
        Homeland Security compares information about passengers and
        crew who are to be carried aboard a cruise ship with a
        comprehensive, consolidated database containing information
        about known or suspected terrorists and their associates;
          "(B) use the information obtained by comparing the passenger
        and crew information with the information in the database to
        prevent known or suspected terrorists and their associates from
        boarding such ships or to subject them to specific additional
        security scrutiny, through the use of 'no transport' and
        'automatic selectee' lists or other means.
        "(2) Waiver. - The Secretary may waive the requirement in
      paragraph (1)(B) with respect to cruise ships embarking at
      foreign ports if the Secretary determines that the application of
      such requirement to such cruise ships is impracticable.
      "(b) Cooperation From Operators of Cruise Ships. - The Secretary
    of Homeland Security shall by rulemaking require operators of
    cruise ships to provide the passenger and crew information
    necessary to implement the procedure required by subsection (a).
      "(c) Maintenance of Accuracy and Integrity of 'No Transport' and
    'Automatic Selectee' Lists. - 
        "(1) Watch list database. - The Secretary of Homeland Security,
      in consultation with the Terrorist Screening Center, shall
      develop guidelines, policies, and operating procedures for the
      collection, removal, and updating of data maintained, or to be
      maintained, in the 'no transport' and 'automatic selectee' lists
      described in subsection (a)(1) that are designed to ensure the
      accuracy and integrity of the lists.
        "(2) Accuracy of entries. - In developing the 'no transport'
      and 'automatic selectee' lists under subsection (a)(1)(B), the
      Secretary shall establish a simple and timely method for
      correcting erroneous entries, for clarifying information known to
      cause false hits or misidentification errors, and for updating
      relevant information that is dispositive in the passenger and
      crew screening process. The Secretary shall also establish a
      process to provide an individual whose name is confused with, or
      similar to, a name in the watch list database with a means of
      demonstrating that such individual is not the person named in the
      database.
      "(d) Cruise Ship Defined. - In this section, the term 'cruise
    ship' means a vessel on an international voyage that embarks or
    disembarks passengers at a port of United States jurisdiction to
    which subpart C of part 160 of title 33, Code of Federal
    Regulations, applies and that provides overnight accommodations."

                  VESSEL AND INTERMODAL SECURITY REPORTS              
      Pub. L. 108-293, title VIII, Sec. 809(g)-(i), (k), Aug. 9, 2004,
    118 Stat. 1087, 1088, provided that:
      "(g) Evaluation of Cargo Inspection Targeting System for
    International Intermodal Cargo Containers. - Within 180 days after
    the date of the enactment of this Act [Aug. 9, 2004] and annually
    thereafter, the Inspector General of the department in which the
    Coast Guard is operating shall prepare a report that includes an
    assessment of - 
        "(1) the effectiveness of the current tracking system to
      determine whether it is adequate to prevent international
      intermodal containers from being used for purposes of terrorism;
        "(2) the sources of information, and the quality of the
      information at the time of reporting, used by the system to
      determine whether targeting information is collected from the
      best and most credible sources and evaluate data sources to
      determine information gaps and weaknesses;
        "(3) the targeting system for reporting and analyzing
      inspection statistics, as well as testing effectiveness;
        "(4) the competence and training of employees operating the
      system to determine whether they are sufficiently capable to
      detect potential terrorist threats; and
        "(5) whether the system is an effective system to detect
      potential acts of terrorism and whether additional steps need to
      be taken in order to remedy deficiencies in targeting
      international intermodal containers for inspection.
      "(h) Action Report. - If the Inspector General of the department
    in which the Coast Guard is operating determines in any of the
    reports prepared under subsection (g) that the targeting system is
    insufficiently effective as a means of detecting potential acts of
    terrorism utilizing international intermodal containers, then the
    Secretary of the department in which the Coast Guard is operating
    shall, within 90 days, submit a report to the Committee on
    Commerce, Science, and Transportation of the Senate and the
    Committee on Transportation and Infrastructure [of the] House of
    Representatives on what actions will be taken to correct
    deficiencies identified in the Inspector General Report.
      "(i) Compliance With Security Standards Established Pursuant to
    Maritime Transportation Security Plans. - Within 180 days after the
    date of the enactment of this Act [Aug. 9, 2004] and annually
    thereafter, the Secretary of the department in which the Coast
    Guard is operating shall prepare a report on compliance and steps
    taken to ensure compliance by ports, terminals, vessel operators,
    and shippers with security standards established pursuant to
    section 70103 of title 46, United States Code. The reports shall
    also include a summary of security standards established pursuant
    to such section during the previous year. The Secretary shall
    submit the reports to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives.
      "(k) Report and Plan Formats. - The Secretary and the Inspector
    General of the department in which the Coast Guard is operating may
    submit any plan or report required by this section in both
    classified and redacted formats, if the Secretary determines that
    it is appropriate or necessary."

                                 FINDINGS                             
      Pub. L. 107-295, title I, Sec. 101, Nov. 25, 2002, 116 Stat.
    2066, provided that:
      "The Congress makes the following findings:
        "(1) There are 361 public ports in the United States that are
      an integral part of our Nation's commerce.
        "(2) United States ports handle over 95 percent of United
      States overseas trade. The total volume of goods imported and
      exported through ports is expected to more than double over the
      next 20 years.
        "(3) The variety of trade and commerce carried out at ports
      includes bulk cargo, containerized cargo, passenger transport and
      tourism, and intermodal transportation systems that are complex
      to secure.
        "(4) The United States is increasingly dependent on imported
      energy for a substantial share of its energy supply, and a
      disruption of that share of supply would seriously harm consumers
      and our economy.
        "(5) The top 50 ports in the United States account for about 90
      percent of all the cargo tonnage. Twenty-five United States ports
      account for 98 percent of all container shipments. Cruise ships
      visiting foreign destinations embark from at least 16 ports.
      Ferries in the United States transport 113,000,000 passengers and
      32,000,000 vehicles per year.
        "(6) Ports often are a major locus of Federal crime, including
      drug trafficking, cargo theft, and smuggling of contraband and
      aliens.
        "(7) Ports are often very open and exposed and are susceptible
      to large scale acts of terrorism that could cause a large loss of
      life or economic disruption.
        "(8) Current inspection levels of containerized cargo are
      insufficient to counter potential security risks. Technology is
      currently not adequately deployed to allow for the nonintrusive
      inspection of containerized cargo.
        "(9) The cruise ship industry poses a special risk from a
      security perspective.
        "(10) Securing entry points and other areas of port facilities
      and examining or inspecting containers would increase security at
      United States ports.
        "(11) Biometric identification procedures for individuals
      having access to secure areas in port facilities are important
      tools to deter and prevent port cargo crimes, smuggling, and
      terrorist actions.
        "(12) United States ports are international boundaries that - 
          "(A) are particularly vulnerable to breaches in security;
          "(B) may present weaknesses in the ability of the United
        States to realize its national security objectives; and
          "(C) may serve as a vector or target for terrorist attacks
        aimed at the United States.
        "(13) It is in the best interests of the United States - 
          "(A) to have a free flow of interstate and foreign commerce
        and to ensure the efficient movement of cargo;
          "(B) to increase United States port security by establishing
        improving communication among law enforcement officials
        responsible for port security;
          "(C) to formulate requirements for physical port security,
        recognizing the different character and nature of United States
        port facilities, and to require the establishment of security
        programs at port facilities;
          "(D) to provide financial assistance to help the States and
        the private sector to increase physical security of United
        States ports;
          "(E) to invest in long-term technology to facilitate the
        private sector development of technology that will assist in
        the nonintrusive timely detection of crime or potential crime
        at United States ports;
          "(F) to increase intelligence collection on cargo and
        intermodal movements to address areas of potential threat to
        safety and security; and
          "(G) to promote private sector procedures that provide for in-
        transit visibility and support law enforcement efforts
        directed at managing the security risks of cargo shipments.
        "(14) On April 27, 1999, the President established the
      Interagency Commission on Crime and Security in United States
      Ports to undertake a comprehensive study of the nature and extent
      of the problem of crime in our ports, as well as the ways in
      which governments at all levels are responding. The Commission
      concluded that frequent crimes in ports include drug smuggling,
      illegal car exports, fraud, and cargo theft. Internal
      conspiracies are an issue at many ports and contribute to Federal
      crime. Criminal organizations are exploiting weak security at
      ports to commit a wide range of cargo crimes. Intelligence and
      information sharing among law enforcement agencies needs to be
      improved and coordinated at many ports. A lack of minimum
      physical and personnel security standards at ports and related
      facilities leaves many ports and port users very vulnerable.
      Access to ports and operations within ports is often
      uncontrolled. Security-related and detection-related equipment,
      such as small boats, cameras, large-scale x-ray machines, and
      vessel tracking devices, are lacking at many ports.
        "(15) The International Maritime Organization and other similar
      international organizations are currently developing a new
      maritime security system that contains the essential elements for
      enhancing global maritime security. Therefore, it is in the best
      interests of the United States to implement new international
      instruments that establish such a system."

                  MARITIME SECURITY PROFESSIONAL TRAINING              
      Pub. L. 107-295, title I, Sec. 109, Nov. 25, 2002, 116 Stat.
    2090, provided that:
      "(a) In General. - 
        "(1) Development of standards. - Not later than 6 months after
      the date of enactment of this Act [Nov. 25, 2002], the Secretary
      of Transportation shall develop standards and curriculum to allow
      for the training and certification of maritime security
      professionals. In developing these standards and curriculum, the
      Secretary shall consult with the National Maritime Security
      Advisory Committee established under section 70112 of title 46,
      United States Code, as amended by this Act.
        "(2) Secretary to consult on standards. - In developing
      standards under this section, the Secretary may, without regard
      to the Federal Advisory Committee Act (5 U.S.C. App.), consult
      with the Federal Law Enforcement Training Center, the United
      States Merchant Marine Academy's Global Maritime and
      Transportation School, the Maritime Security Council, the
      International Association of Airport and Port Police, the
      National Cargo Security Council, and any other Federal, State, or
      local government or law enforcement agency or private
      organization or individual determined by the Secretary to have
      pertinent expertise.
      "(b) Minimum Standards. - The standards established by the
    Secretary under subsection (a) shall include the following
    elements:
        "(1) The training and certification of maritime security
      professionals in accordance with accepted law enforcement and
      security guidelines, policies, and procedures, including, as
      appropriate, recommendations for incorporating a background check
      process for personnel trained and certified in foreign ports.
        "(2) The training of students and instructors in all aspects of
      prevention, detection, investigation, and reporting of criminal
      activities in the international maritime environment.
        "(3) The provision of off-site training and certification
      courses and certified personnel at United States and foreign
      ports used by United States-flagged vessels, or by foreign-
      flagged vessels with United States citizens as passengers or
      crewmembers, to develop and enhance security awareness and
      practices.
      "(c) Training Provided to Law Enforcement and Security Personnel.
    - 
        "(1) In general. - The Secretary is authorized to make the
      training opportunities provided under this section available to
      any Federal, State, local, and private law enforcement or
      maritime security personnel in the United States or to personnel
      employed in foreign ports used by vessels with United States
      citizens as passengers or crewmembers.
        "(2) Academies and schools. - The Secretary may provide
      training under this section at - 
          "(A) each of the 6 State maritime academies;
          "(B) the United States Merchant Marine Academy;
          "(C) the Appalachian Transportation Institute; and
          "(D) other security training schools in the United States.
      "(d) Use of Contract Resources. - The Secretary may employ
    Federal and contract resources to train and certify maritime
    security professionals in accordance with the standards and
    curriculum developed under this Act [see Tables for
    classification].
      "(e) Annual Report. - The Secretary shall transmit an annual
    report to the Senate Committee on Commerce, Science, and
    Transportation and the House of Representatives Committee on
    Transportation and Infrastructure on the expenditure of
    appropriated funds and the training under this section.
      "(f) Authorization of Appropriations. - There are authorized to
    be appropriated to the Secretary to carry out this section
    $5,500,000 for each of fiscal years 2003 through 2008."
      [For transfer of functions, personnel, assets, and liabilities of
    the Federal Law Enforcement Training Center of the Department of
    the Treasury to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(4), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.]

                         REPORT ON TRAINING CENTER                     
      Pub. L. 107-295, title I, Sec. 110(b), Nov. 25, 2002, 116 Stat.
    2091, provided that: "The Commandant of the United States Coast
    Guard, in conjunction with the Secretary of the Navy, shall submit
    to Congress a report, at the time they submit their fiscal year
    2005 budget, on the life cycle costs and benefits of creating a
    Center for Coastal and Maritime Security. The purpose of the Center
    would be to provide an integrated training complex to prevent and
    mitigate terrorist threats against coastal and maritime assets of
    the United States, including ports, harbors, ships, dams,
    reservoirs, and transport nodes."

                      REPORT ON FOREIGN-FLAG VESSELS                  
      Pub. L. 107-295, title I, Sec. 112, Nov. 25, 2002, 116 Stat.
    2092, provided that: "Within 6 months after the date of enactment
    of this Act [Nov. 25, 2002] and every year thereafter, the
    Secretary of the department in which the Coast Guard is operating,
    in consultation with the Secretary of State, shall provide a report
    to the Committee on Commerce, Science, and Transportation of the
    Senate, and the Committee on Transportation and Infrastructure of
    the House of Representatives that lists the following information:
        "(1) A list of all nations whose flag vessels have entered
      United States ports in the previous year.
        "(2) Of the nations on that list, a separate list of those
      nations - 
          "(A) whose registered flag vessels appear as Priority III or
        higher on the Boarding Priority Matrix maintained by the Coast
        Guard;
          "(B) that have presented, or whose flag vessels have
        presented, false, intentionally incomplete, or fraudulent
        information to the United States concerning passenger or cargo
        manifests, crew identity or qualifications, or registration or
        classification of their flag vessels;
          "(C) whose vessel registration or classification procedures
        have been found by the Secretary to be noncompliant with
        international classifications or do not exercise adequate
        control over safety and security concerns; or
          "(D) whose laws or regulations are not sufficient to allow
        tracking of ownership and registration histories of registered
        flag vessels.
        "(3) Actions taken by the United States, whether through
      domestic action or international negotiation, including
      agreements at the International Maritime Organization under
      section 902 of the International Maritime and Port Security Act
      (46 U.S.C. App. 1801) [now 46 U.S.C. 70302], to improve
      transparency and security of vessel registration procedures in
      nations on the list under paragraph (2).
        "(4) Recommendations for legislative or other actions needed to
      improve security of United States ports against potential threats
      posed by flag vessels of nations named in paragraph (2)."

-End-



-CITE-
    46 USC Sec. 70102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70102. United States facility and vessel vulnerability
      assessments

-STATUTE-
      (a) Initial Assessments. - The Secretary shall conduct an
    assessment of vessel types and United States facilities on or
    adjacent to the waters subject to the jurisdiction of the United
    States to identify those vessel types and United States facilities
    that pose a high risk of being involved in a transportation
    security incident.
      (b) Facility and Vessel Assessments. - (1) Based on the
    information gathered under subsection (a) of this section and by
    not later than December 31, 2004, the Secretary shall conduct a
    detailed vulnerability assessment of the facilities and vessels
    that may be involved in a transportation security incident. The
    vulnerability assessment shall include the following:
        (A) Identification and evaluation of critical assets and
      infrastructures.
        (B) Identification of the threats to those assets and
      infrastructures.
        (C) Identification of weaknesses in physical security,
      passenger and cargo security, structural integrity, protection
      systems, procedural policies, communications systems,
      transportation infrastructure, utilities, contingency response,
      and other areas as determined by the Secretary.

      (2) Upon completion of an assessment under this subsection for a
    facility or vessel, the Secretary shall provide the owner or
    operator with a copy of the vulnerability assessment for that
    facility or vessel.
      (3) The Secretary shall update each vulnerability assessment
    conducted under this section at least every 5 years.
      (4) In lieu of conducting a facility or vessel vulnerability
    assessment under paragraph (1), the Secretary may accept an
    alternative assessment conducted by or on behalf of the owner or
    operator of the facility or vessel if the Secretary determines that
    the alternative assessment includes the matters required under
    paragraph (1).

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2068; amended Pub. L. 108-458, title IV, Sec. 4072(b), Dec.
    17, 2004, 118 Stat. 3730.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(1). Pub. L. 108-458 substituted "and by not
    later than December 31, 2004, the Secretary" for ", the Secretary"
    in introductory provisions.

-End-



-CITE-
    46 USC Sec. 70103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70103. Maritime transportation security plans

-STATUTE-
      (a) National Maritime Transportation Security Plan. - (1) Not
    later than April 1, 2005, the Secretary shall prepare a National
    Maritime Transportation Security Plan for deterring and responding
    to a transportation security incident.
      (2) The National Maritime Transportation Security Plan shall
    provide for efficient, coordinated, and effective action to deter
    and minimize damage from a transportation security incident, and
    shall include the following:
        (A) Assignment of duties and responsibilities among Federal
      departments and agencies and coordination with State and local
      governmental agencies.
        (B) Identification of security resources.
        (C) Procedures and techniques to be employed in deterring a
      national transportation security incident.
        (D) Establishment of procedures for the coordination of
      activities of - 
          (i) Coast Guard maritime security teams established under
        this chapter; and
          (ii) Federal Maritime Security Coordinators required under
        this chapter.

        (E) A system of surveillance and notice designed to safeguard
      against as well as ensure earliest possible notice of a
      transportation security incident and imminent threats of such a
      security incident to the appropriate State and Federal agencies.
        (F) Establishment of criteria and procedures to ensure
      immediate and effective Federal identification of a
      transportation security incident, or the substantial threat of
      such a security incident.
        (G) Designation of - 
          (i) areas for which Area Maritime Transportation Security
        Plans are required to be prepared under subsection (b); and
          (ii) a Coast Guard official who shall be the Federal Maritime
        Security Coordinator for each such area.

        (H) A risk-based system for evaluating the potential for
      violations of security zones designated by the Secretary on the
      waters subject to the jurisdiction of the United States.
        (I) A recognition of certified systems of intermodal
      transportation.
        (J) A plan for ensuring that the flow of cargo through United
      States ports is reestablished as efficiently and quickly as
      possible after a transportation security incident.

      (3) The Secretary shall, as the Secretary considers advisable,
    revise or otherwise amend the National Maritime Transportation
    Security Plan.
      (4) Actions by Federal agencies to deter and minimize damage from
    a transportation security incident shall, to the greatest extent
    possible, be in accordance with the National Maritime
    Transportation Security Plan.
      (5) The Secretary shall inform vessel and facility owners or
    operators of the provisions in the National Transportation Security
    Plan that the Secretary considers necessary for security purposes.
      (b) Area Maritime Transportation Security Plans. - (1) The
    Federal Maritime Security Coordinator designated under subsection
    (a)(2)(G) for an area shall - 
        (A) submit to the Secretary an Area Maritime Transportation
      Security Plan for the area; and
        (B) solicit advice from the Area Security Advisory Committee
      required under this chapter, for the area to assure preplanning
      of joint deterrence efforts, including appropriate procedures for
      deterrence of a transportation security incident.

      (2) The Area Maritime Transportation Security Plan for an area
    shall - 
        (A) when implemented in conjunction with the National Maritime
      Transportation Security Plan, be adequate to deter a
      transportation security incident in or near the area to the
      maximum extent practicable;
        (B) describe the area and infrastructure covered by the plan,
      including the areas of population or special economic,
      environmental, or national security importance that might be
      damaged by a transportation security incident;
        (C) describe in detail how the plan is integrated with other
      Area Maritime Transportation Security Plans, and with facility
      security plans and vessel security plans under this section;
        (D) include consultation and coordination with the Department
      of Defense on matters relating to Department of Defense
      facilities and vessels;
        (E) include any other information the Secretary requires;
        (F) include a salvage response plan - 
          (i) to identify salvage equipment capable of restoring
        operational trade capacity; and
          (ii) to ensure that the waterways are cleared and the flow of
        commerce through United States ports is reestablished as
        efficiently and quickly as possible after a maritime
        transportation security incident; and

        (G) be updated at least every 5 years by the Federal Maritime
      Security Coordinator.

      (3) The Secretary shall - 
        (A) review and approve Area Maritime Transportation Security
      Plans under this subsection; and
        (B) periodically review previously approved Area Maritime
      Transportation Security Plans.

      (4) In security zones designated by the Secretary in each Area
    Maritime Transportation Security Plan, the Secretary shall consider
    - 
        (A) the use of public/private partnerships to enforce security
      within the security zones, shoreside protection alternatives, and
      the environmental, public safety, and relative effectiveness of
      such alternatives; and
        (B) technological means of enhancing the security zones of
      port, territorial waters, and waterways of the United States.

      (c) Vessel and Facility Security Plans. - (1) Within 6 months
    after the prescription of interim final regulations on vessel and
    facility security plans, an owner or operator of a vessel or
    facility described in paragraph (2) shall prepare and submit to the
    Secretary a security plan for the vessel or facility, for deterring
    a transportation security incident to the maximum extent
    practicable.
      (2) The vessels and facilities referred to in paragraph (1) - 
        (A) except as provided in subparagraph (B), are vessels and
      facilities that the Secretary believes may be involved in a
      transportation security incident; and
        (B) do not include any vessel or facility owned or operated by
      the Department of Defense.

      (3) A security plan required under this subsection shall - 
        (A) be consistent with the requirements of the National
      Maritime Transportation Security Plan and Area Maritime
      Transportation Security Plans;
        (B) identify the qualified individual having full authority to
      implement security actions, and require immediate communications
      between that individual and the appropriate Federal official and
      the persons providing personnel and equipment pursuant to
      subparagraph (C);
        (C) include provisions for - 
          (i) establishing and maintaining physical security, passenger
        and cargo security, and personnel security;
          (ii) establishing and controlling access to secure areas of
        the vessel or facility, including access by persons engaged in
        the surface transportation of intermodal containers in or out
        of a port facility;
          (iii) procedural security policies;
          (iv) communications systems; and
          (v) other security systems;

        (D) identify, and ensure by contract or other means approved by
      the Secretary, the availability of security measures necessary to
      deter to the maximum extent practicable a transportation security
      incident or a substantial threat of such a security incident;
        (E) describe the training, periodic unannounced drills, and
      security actions of persons on the vessel or at the facility, to
      be carried out under the plan to deter to the maximum extent
      practicable a transportation security incident, or a substantial
      threat of such a security incident;
        (F) provide a strategy and timeline for conducting training and
      periodic unannounced drills;
        (G) be updated at least every 5 years;
        (H) be resubmitted for approval of each change to the vessel or
      facility that may substantially affect the security of the vessel
      or facility; and
        (I) in the case of a security plan for a facility, be
      resubmitted for approval of each change in the ownership or
      operator of the facility that may substantially affect the
      security of the facility.

      (4) The Secretary shall - 
        (A) promptly review each such plan;
        (B) require amendments to any plan that does not meet the
      requirements of this subsection;
        (C) approve any plan that meets the requirements of this
      subsection; and
        (D) subject to the availability of appropriations, verify the
      effectiveness of each such facility security plan periodically,
      but not less than 2 times per year, at least 1 of which shall be
      an inspection of the facility that is conducted without notice to
      the facility.

      (5) A vessel or facility for which a plan is required to be
    submitted under this subsection may not operate after the end of
    the 12-month period beginning on the date of the prescription of
    interim final regulations on vessel and facility security plans,
    unless - 
        (A) the plan has been approved by the Secretary; and
        (B) the vessel or facility is operating in compliance with the
      plan.

      (6) Notwithstanding paragraph (5), the Secretary may authorize a
    vessel or facility to operate without a security plan approved
    under this subsection, until not later than 1 year after the date
    of the submission to the Secretary of a plan for the vessel or
    facility, if the owner or operator of the vessel or facility
    certifies that the owner or operator has ensured by contract or
    other means approved by the Secretary to deter to the maximum
    extent practicable a transportation security incident or a
    substantial threat of such a security incident.
      (7) The Secretary shall require each owner or operator of a
    vessel or facility located within or adjacent to waters subject to
    the jurisdiction of the United States to implement any necessary
    interim security measures, including cargo security programs, to
    deter to the maximum extent practicable a transportation security
    incident until the security plan for that vessel or facility
    operator is approved.
      (8)(A) The Secretary shall require that the qualified individual
    having full authority to implement security actions for a facility
    described in paragraph (2) shall be a citizen of the United States.
      (B) The Secretary may waive the requirement of subparagraph (A)
    with respect to an individual if the Secretary determines that it
    is appropriate to do so based on a complete background check of the
    individual and a review of all terrorist watch lists to ensure that
    the individual is not identified on any such terrorist watch list.
      (d) Nondisclosure of Information. - Notwithstanding any other
    provision of law, information developed under this chapter is not
    required to be disclosed to the public, including - 
        (1) facility security plans, vessel security plans, and port
      vulnerability assessments; and
        (2) other information related to security plans, procedures, or
      programs for vessels or facilities authorized under this chapter.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2069; amended Pub. L. 108-458, title IV, Sec. 4072(a), Dec.
    17, 2004, 118 Stat. 3730; Pub. L. 109-347, title I, Secs. 101-103,
    113(c), Oct. 13, 2006, 120 Stat. 1887, 1888, 1896.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b)(2)(F), (G). Pub. L. 109-347, Sec. 101, added
    subpar. (F) and redesignated former subpar. (F) as (G).
      Subsec. (c)(3)(C)(ii). Pub. L. 109-347, Sec. 102(1)(A),
    substituted "facility, including access by persons engaged in the
    surface transportation of intermodal containers in or out of a port
    facility" for "facility".
      Subsec. (c)(3)(F), (G). Pub. L. 109-347, Sec. 113(c), added
    subpar. (F) and redesignated former subpar. (F) as (G). Former
    subpar. (G) redesignated (H).
      Subsec. (c)(3)(H). Pub. L. 109-347, Sec. 113(c)(1), redesignated
    subpar. (G) as (H). Former subpar. (H) redesignated (I).
      Pub. L. 109-347, Sec. 102(1)(B)-(D), added subpar. (H).
      Subsec. (c)(3)(I). Pub. L. 109-347, Sec. 113(c)(1), redesignated
    subpar. (H) as (I).
      Subsec. (c)(4)(D). Pub. L. 109-347, Sec. 103, amended subpar. (D)
    generally. Prior to amendment, subpar. (D) read as follows: "review
    each plan periodically thereafter."
      Subsec. (c)(8). Pub. L. 109-347, Sec. 102(2), added par. (8).
      2004 - Subsec. (a)(1). Pub. L. 108-458 substituted "Not later
    than April 1, 2005, the Secretary" for "The Secretary".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC2-
                           RISK ASSESSMENT TOOL                       
      Pub. L. 109-347, title I, Sec. 111, Oct. 13, 2006, 120 Stat.
    1894, provided that: "In updating Area Maritime Security Plans
    required under section 70103(b)(2)(F) [now section 70103(b)(2)(G)]
    of title 46, United States Code, and in applying for grants under
    section 70107 of such title, the Secretary of the Department in
    which the Coast Guard is operating shall make available, and Area
    Maritime Security Committees may use a risk assessment tool that
    uses standardized risk criteria, such as the Maritime Security Risk
    Assessment Tool used by the Coast Guard."

                 REVISION OF PORT SECURITY PLANNING GUIDE             
      Pub. L. 107-295, title I, Sec. 113, Nov. 25, 2002, 116 Stat.
    2093, provided that: "The Secretary of Transportation, acting
    through the Maritime Administration and after consultation with the
    National Maritime Security Advisory Committee and the Coast Guard,
    shall publish a revised version of the document entitled 'Port
    Security: A National Planning Guide', incorporating the
    requirements prescribed under chapter 701 of title 46, United
    States Code, as amended by this Act, within 3 years after the date
    of enactment of this Act [Nov. 25, 2002], and make that revised
    document available on the Internet."

-End-



-CITE-
    46 USC Sec. 70104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70104. Transportation security incident response

-STATUTE-
      (a) Facility and Vessel Response Plans. - The Secretary shall - 
        (1) establish security incident response plans for vessels and
      facilities that may be involved in a transportation security
      incident; and
        (2) make those plans available to the Administrator of the
      Federal Emergency Management Agency for inclusion in the
      Administrator's response plan for United States ports and
      waterways.

      (b) Contents. - Response plans developed under subsection (a)
    shall provide a comprehensive response to an emergency, including
    notifying and coordinating with local, State, and Federal
    authorities, including the Administrator of the Federal Emergency
    Management Agency, securing the facility or vessel, and evacuating
    facility and vessel personnel.
      (c) Inclusion in Security Plan. - A response plan required under
    this subsection for a vessel or facility may be included in the
    security plan prepared under section 70103(c).

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2072; amended Pub. L. 109-295, title VI, Sec. 612(c), Oct. 4,
    2006, 120 Stat. 1410.)

-CHANGE-
                              CHANGE OF NAME                          
      "Administrator of the Federal Emergency Management Agency" and
    "Administrator's" substituted for "Director of the Federal
    Emergency Management Agency" and "Director's", respectively, on
    authority of section 612(c) of Pub. L. 109-295, set out as a note
    under section 313 of Title 6, Domestic Security. Any reference to
    the Administrator of the Federal Emergency Management Agency in
    title VI of Pub. L. 109-295 or an amendment by title VI to be
    considered to refer and apply to the Director of the Federal
    Emergency Management Agency until Mar. 31, 2007, see section
    612(f)(2) of Pub. L. 109-295, set out as a note under section 313
    of Title 6.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see former section 313(1) and sections
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.


-MISC1-
                                 DEADLINE                             
      Pub. L. 107-295, title I, Sec. 102(c), Nov. 25, 2002, 116 Stat.
    2084, provided that: "The Secretary shall establish the plans
    required under section 70104(a)(1) of title 46, United States Code,
    as enacted by this Act, before April 1, 2003."

-End-



-CITE-
    46 USC Sec. 70105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70105. Transportation security cards

-STATUTE-
      (a) Prohibition. - (1) The Secretary shall prescribe regulations
    to prevent an individual from entering an area of a vessel or
    facility that is designated as a secure area by the Secretary for
    purposes of a security plan for the vessel or facility that is
    approved by the Secretary under section 70103 of this title unless
    the individual - 
        (A) holds a transportation security card issued under this
      section and is authorized to be in the area in accordance with
      the plan; or
        (B) is accompanied by another individual who holds a
      transportation security card issued under this section and is
      authorized to be in the area in accordance with the plan.

      (2) A person shall not admit an individual into such a secure
    area unless the entry of the individual into the area is in
    compliance with paragraph (1).
      (b) Issuance of Cards. - (1) The Secretary shall issue a
    biometric transportation security card to an individual specified
    in paragraph (2), unless the Secretary decides that the individual
    poses a security risk under subsection (c) warranting denial of the
    card.
      (2) This subsection applies to - 
        (A) an individual allowed unescorted access to a secure area
      designated in a vessel or facility security plan approved under
      section 70103 of this title;
        (B) an individual issued a license, certificate of registry, or
      merchant mariners document under part E of subtitle II of this
      title;
        (C) a vessel pilot;
        (D) an individual engaged on a towing vessel that pushes,
      pulls, or hauls alongside a tank vessel;
        (E) an individual with access to security sensitive information
      as determined by the Secretary;
        (F) other individuals engaged in port security activities as
      determined by the Secretary; and
        (G) other individuals as determined appropriate by the
      Secretary including individuals employed at a port not otherwise
      covered by this subsection.

      (c) Determination of Terrorism Security Risk. - (1) An individual
    may not be denied a transportation security card under subsection
    (b) unless the Secretary determines that individual - 
        (A) has been convicted within the preceding 7-year period of a
      felony or found not guilty by reason of insanity of a felony - 
          (i) that the Secretary believes could cause the individual to
        be a terrorism security risk to the United States; or
          (ii) for causing a severe transportation security incident;

        (B) has been released from incarceration within the preceding 5-
      year period for committing a felony described in subparagraph
      (A);
        (C) may be denied admission to the United States or removed
      from the United States under the Immigration and Nationality Act
      (8 U.S.C. 1101 et seq.); or
        (D) otherwise poses a terrorism security risk to the United
      States.

      (2) The Secretary shall prescribe regulations that establish a
    waiver process for issuing a transportation security card to an
    individual found to be otherwise ineligible for such a card under
    subparagraph (A), (B), or (D) (!1) paragraph (1). In deciding to
    issue a card to such an individual, the Secretary shall - 

        (A) give consideration to the circumstances of any
      disqualifying act or offense, restitution made by the individual,
      Federal and State mitigation remedies, and other factors from
      which it may be concluded that the individual does not pose a
      terrorism risk warranting denial of the card; and
        (B) issue a waiver to an individual without regard to whether
      that individual would otherwise be disqualified if the
      individual's employer establishes alternate security arrangements
      acceptable to the Secretary.

      (3) Denial of waiver review. - 
        (A) In general. - The Secretary shall establish a review
      process before an administrative law judge for individuals denied
      a waiver under paragraph (2).
        (B) Scope of review. - In conducting a review under the process
      established pursuant to subparagraph (A), the administrative law
      judge shall be governed by the standards of section 706 of title
      5. The substantial evidence standard in section 706(2)(E) of
      title 5 shall apply whether or not there has been an agency
      hearing. The judge shall review all facts on the record of the
      agency.
        (C) Classified evidence. - The Secretary, in consultation with
      the National Intelligence Director, shall issue regulations to
      establish procedures by which the Secretary, as part of a review
      conducted under this paragraph, may provide to the individual
      adversely affected by the determination an unclassified summary
      of classified evidence upon which the denial of a waiver by the
      Secretary was based.
        (D) Review of classified evidence by administrative law judge. -
       
          (i) Review. - As part of a review conducted under this
        section, if the decision of the Secretary was based on
        classified information (as defined in section 1(a) of the
        Classified Information Procedures Act (18 U.S.C. App.)), such
        information may be submitted by the Secretary to the reviewing
        administrative law judge, pursuant to appropriate security
        procedures, and shall be reviewed by the administrative law
        judge ex parte and in camera.
          (ii) Security clearances. - Pursuant to existing procedures
        and requirements, the Secretary, in coordination (as necessary)
        with the heads of other affected departments or agencies, shall
        ensure that administrative law judges reviewing negative waiver
        decisions of the Secretary under this paragraph possess
        security clearances appropriate for such review.
          (iii) Unclassified summaries of classified evidence. - As
        part of a review conducted under this paragraph and upon the
        request of the individual adversely affected by the decision of
        the Secretary not to grant a waiver, the Secretary shall
        provide to the individual and reviewing administrative law
        judge, consistent with the procedures established under clause
        (i), an unclassified summary of any classified information upon
        which the decision of the Secretary was based.

        (E) New evidence. - The Secretary shall establish a process
      under which an individual may submit a new request for a waiver,
      notwithstanding confirmation by the administrative law judge of
      the Secretary's initial denial of the waiver, if the request is
      supported by substantial evidence that was not available to the
      Secretary at the time the initial waiver request was denied.

      (4) The Secretary shall establish an appeals process under this
    section for individuals found to be ineligible for a transportation
    security card that includes notice and an opportunity for a
    hearing.
      (5) Upon application, the Secretary may issue a transportation
    security card to an individual if the Secretary has previously
    determined, under section 5103a of title 49, that the individual
    does not pose a security risk.
      (d) Background Records Check. - (1) On request of the Secretary,
    the Attorney General shall - 
        (A) conduct a background records check regarding the
      individual; and
        (B) upon completing the background records check, notify the
      Secretary of the completion and results of the background records
      check.

      (2) A background records check regarding an individual under this
    subsection shall consist of the following:
        (A) A check of the relevant criminal history databases.
        (B) In the case of an alien, a check of the relevant databases
      to determine the status of the alien under the immigration laws
      of the United States.
        (C) As appropriate, a check of the relevant international
      databases or other appropriate means.
        (D) Review of any other national security-related information
      or database identified by the Attorney General for purposes of
      such a background records check.

      (e) Restrictions on Use and Maintenance of Information. - (1)
    Information obtained by the Attorney General or the Secretary under
    this section may not be made available to the public, including the
    individual's employer.
      (2) Any information constituting grounds for denial of a
    transportation security card under this section shall be maintained
    confidentially by the Secretary and may be used only for making
    determinations under this section. The Secretary may share any such
    information with other Federal law enforcement agencies. An
    individual's employer may only be informed of whether or not the
    individual has been issued the card under this section.
      (f) Definition. - In this section, the term "alien" has the
    meaning given the term in section 101(a)(3) of the Immigration and
    Nationality Act (8 U.S.C. 1101(a)(3)).
      (g) Applications for Merchant Mariners' Documents. - The
    Assistant Secretary of Homeland Security for the Transportation
    Security Administration and the Commandant of the Coast Guard shall
    concurrently process an application from an individual for merchant
    mariner's documents under chapter 73 of title 46, United States
    Code, and an application from that individual for a transportation
    security card under this section.
      (h) Fees. - The Secretary shall ensure that the fees charged each
    individual applying for a transportation security card under this
    section who has passed a background check under section 5103a(d) of
    title 49, United States Code, and who has a current hazardous
    materials endorsement in accordance with section 1572 of title 49,
    Code of Federal Regulations, and each individual with a current
    merchant mariners' document who has passed a criminal background
    check under section 7302(d) - 
        (1) are for costs associated with the issuance, production, and
      management of the transportation security card, as determined by
      the Secretary; and
        (2) do not include costs associated with performing a
      background check for that individual, except for any incremental
      costs in the event that the scope of such background checks
      diverge.

      (i) Implementation Schedule. - In implementing the transportation
    security card program under this section, the Secretary shall - 
        (1) establish a priority for each United States port based on
      risk, including vulnerabilities assessed under section 70102; and
        (2) implement the program, based upon such risk and other
      factors as determined by the Secretary, at all facilities
      regulated under this chapter at - 
          (A) the 10 United States ports that the Secretary designates
        top priority not later than July 1, 2007;
          (B) the 40 United States ports that are next in order of
        priority to the ports described in subparagraph (A) not later
        than January 1, 2008; and
          (C) all other United States ports not later than January 1,
        2009.

      (j) Transportation Security Card Processing Deadline. - Not later
    than January 1, 2009, the Secretary shall process and issue or deny
    each application for a transportation security card under this
    section for individuals with current and valid merchant mariners'
    documents on the date of the enactment of the SAFE Port Act.
      (k) Deployment of Transportation Security Card Readers. - 
        (1) Pilot program. - 
          (A) In general. - The Secretary shall conduct a pilot program
        to test the business processes, technology, and operational
        impacts required to deploy transportation security card readers
        at secure areas of the marine transportation system.
          (B) Geographic locations. - The pilot program shall take
        place at not fewer than 5 distinct geographic locations, to
        include vessels and facilities in a variety of environmental
        settings.
          (C) Commencement. - The pilot program shall commence not
        later than 180 days after the date of the enactment of the SAFE
        Port Act.

        (2) Correlation with transportation security cards. - 
          (A) In general. - The pilot program described in paragraph
        (1) shall be conducted concurrently with the issuance of the
        transportation security cards described in subsection (b) to
        ensure card and card reader interoperability.
          (B) Fee. - An individual charged a fee for a transportation
        security card issued under this section may not be charged an
        additional fee if the Secretary determines different
        transportation security cards are needed based on the results
        of the pilot program described in paragraph (1) or for other
        reasons related to the technology requirements for the
        transportation security card program.

        (3) Regulations. - Not later than 2 years after the
      commencement of the pilot program under paragraph (1)(C), the
      Secretary, after a notice and comment period that includes at
      least 1 public hearing, shall promulgate final regulations that
      require the deployment of transportation security card readers
      that are consistent with the findings of the pilot program and
      build upon the regulations prescribed under subsection (a).
        (4) Report. - Not later than 120 days before the promulgation
      of regulations under paragraph (3), the Secretary shall submit a
      comprehensive report to the appropriate congressional committees
      (as defined in section 2(1) of SAFE Port Act) that includes - 
          (A) the findings of the pilot program with respect to
        technical and operational impacts of implementing a
        transportation security card reader system;
          (B) any actions that may be necessary to ensure that all
        vessels and facilities to which this section applies are able
        to comply with such regulations; and
          (C) an analysis of the viability of equipment under the
        extreme weather conditions of the marine environment.

      (l) Progress Reports. - Not later than 6 months after the date of
    the enactment of the SAFE Port Act, and every 6 months thereafter
    until the requirements under this section are fully implemented,
    the Secretary shall submit a report on progress being made in
    implementing such requirements to the appropriate congressional
    committees (as defined in section 2(1) of the SAFE Port Act).
      (m) Limitation. - The Secretary may not require the placement of
    an electronic reader for transportation security cards on a vessel
    unless - 
        (1) the vessel has more individuals on the crew that are
      required to have a transportation security card than the number
      the Secretary determines, by regulation issued under subsection
      (k)(3), warrants such a reader; or
        (2) the Secretary determines that the vessel is at risk of a
      severe transportation security incident.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2073; amended Pub. L. 109-241, title III, Sec. 309, July 11,
    2006, 120 Stat. 528; Pub. L. 109-347, title I, Sec. 104(a), (b),
    Oct. 13, 2006, 120 Stat. 1888, 1890.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsec.
    (c)(1)(C), is act June 27, 1952, ch. 477, 66 Stat. 163, which is
    classified principally to chapter 12 (Sec. 1101 et seq.) of Title
    8, Aliens and Nationality. For complete classification of this Act
    to the Code, see Short Title note set out under section 1101 of
    Title 8 and Tables.
      The Classified Information Procedures Act, referred to in subsec.
    (c)(3)(D)(i), is Pub. L. 96-456, Oct. 15, 1980, 94 Stat. 2025,
    which is set out in the Appendix to Title 18, Crimes and Criminal
    Procedure.
      The date of the enactment of the SAFE Port Act, referred to in
    subsecs. (j), (k)(1)(C), (l), is the date of enactment of Pub. L.
    109-347, which was approved Oct. 13, 2006.
      Section 2(1) of the SAFE Port Act, referred to in subsecs.
    (k)(4), (l), is classified to section 901(1) of Title 6, Domestic
    Security.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b)(2)(G). Pub. L. 109-347, Sec. 104(b)(1), added
    subpar. (G).
      Subsec. (c)(2). Pub. L. 109-347, Sec. 104(b)(2), inserted
    "subparagraph (A), (B), or (D)" before "paragraph (1)".
      Subsec. (c)(3) to (5). Pub. L. 109-241 added par. (3) and
    redesignated former pars. (3) and (4) as (4) and (5), respectively.
      Subsecs. (g) to (m). Pub. L. 109-347, Sec. 104(a), added subsecs.
    (g) to (m).

                  DEADLINE FOR SECTION 70105 REGULATIONS              
      Pub. L. 109-347, title I, Sec. 104(c), Oct. 13, 2006, 120 Stat.
    1891, provided that: "Not later than January 1, 2007, the Secretary
    [of Homeland Security] shall promulgate final regulations
    implementing the requirements for issuing transportation security
    cards under section 70105 of title 46, United States Code. The
    regulations shall include a background check process to enable
    newly hired workers to begin working unless the Secretary makes an
    initial determination that the worker poses a security risk. Such
    process shall include a check against the consolidated and
    integrated terrorist watch list maintained by the Federal
    Government."

    PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO PERSONS
                       CONVICTED OF CERTAIN FELONIES
      Pub. L. 109-347, title I, Sec. 106, Oct. 13, 2006, 120 Stat.
    1891, provided that: "The Secretary [of Homeland Security], in
    issuing a final rule pursuant to section 70105 of title 46, United
    States Code, shall provide for the disqualification of individuals
    who have been found guilty or have been found not guilty by reason
    of insanity of a felony, involving - 
        "(1) treason, or conspiracy to commit treason;
        "(2) espionage, or conspiracy to commit espionage;
        "(3) sedition, or conspiracy to commit sedition; or
        "(4) a crime listed in chapter 113B of title 18, United States
      Code, a comparable State law, or conspiracy to commit such
      crime."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "of".


-End-



-CITE-
    46 USC Sec. 70106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70106. Maritime safety and security teams

-STATUTE-
      (a) In General. - To enhance the domestic maritime security
    capability of the United States, the Secretary shall establish such
    maritime safety and security teams as are needed to safeguard the
    public and protect vessels, harbors, ports, facilities, and cargo
    in waters subject to the jurisdiction of the United States from
    destruction, loss or injury from crime, or sabotage due to
    terrorist activity, and to respond to such activity in accordance
    with the transportation security plans developed under section
    70103.
      (b) Mission. - Each maritime safety and security team shall be
    trained, equipped, and capable of being employed to - 
        (1) deter, protect against, and rapidly respond to threats of
      maritime terrorism;
        (2) enforce moving or fixed safety or security zones
      established pursuant to law;
        (3) conduct high speed intercepts;
        (4) board, search, and seize any article or thing on or at,
      respectively, a vessel or facility found to present a risk to the
      vessel or facility, or to a port;
        (5) rapidly deploy to supplement United States armed forces
      domestically or overseas;
        (6) respond to criminal or terrorist acts within a port so as
      to minimize, insofar as possible, the disruption caused by such
      acts;
        (7) assist with facility vulnerability assessments required
      under this chapter; and
        (8) carry out any other missions of the Coast Guard as are
      assigned to it by the Secretary.

      (c) Coordination With Other Agencies. - To the maximum extent
    feasible, each maritime safety and security team shall coordinate
    its activities with other Federal, State, and local law enforcement
    and emergency response agencies.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2074; amended Pub. L. 109-241, title III, Sec. 305, July 11,
    2006, 120 Stat. 528.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b)(8). Pub. L. 109-241 substituted "any other
    missions of the Coast Guard" for "other security missions".

-End-



-CITE-
    46 USC Sec. 70107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70107. Grants

-STATUTE-
      (a) In General. - The Secretary shall establish a grant program
    for the allocation of funds based on risk to implement Area
    Maritime Transportation Security Plans and facility security plans
    among port authorities, facility operators, and State and local
    government agencies required to provide port security services.
    Before awarding a grant under the program, the Secretary shall
    provide for review and comment by the appropriate Federal Maritime
    Security Coordinators and the Maritime Administrator. In
    administering the grant program, the Secretary shall take into
    account national economic, energy, and strategic defense concerns
    based upon the most current risk assessments available.
      (b) Eligible Costs. - The following costs of funding the
    correction of Coast Guard identified vulnerabilities in port
    security and ensuring compliance with Area Maritime Transportation
    Security Plans and facility security plans are eligible to be
    funded:
        (1) Salary, benefits, overtime compensation, retirement
      contributions, and other costs of additional Coast Guard mandated
      security personnel.
        (2) The cost of acquisition, operation, and maintenance of
      security equipment or facilities to be used for security
      monitoring and recording, security gates and fencing, marine
      barriers for designated security zones, security-related lighting
      systems, remote surveillance, concealed video systems, security
      vessels, and other security-related infrastructure or equipment
      that contributes to the overall security of passengers, cargo, or
      crewmembers. Grants awarded under this section may not be used to
      construct buildings or other physical facilities, except those
      which are constructed under terms and conditions consistent with
      the requirements under section 611(j)(8) of the Robert T.
      Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
      5121(j)(8) (!1) ), including those facilities in support of this
      paragraph, and specifically approved by the Secretary. Costs
      eligible for funding under this paragraph may not exceed the
      greater of - 

          (A) $1,000,000 per project; or
          (B) such greater amount as may be approved by the Secretary,
        which may not exceed 10 percent of the total amount of the
        grant.

        (3) The cost of screening equipment, including equipment that
      detects weapons of mass destruction and conventional explosives,
      and of testing and evaluating such equipment, to certify secure
      systems of transportation.
        (4) The cost of conducting vulnerability assessments to
      evaluate and make recommendations with respect to security.
        (5) The cost of conducting exercises or training for prevention
      and detection of, preparedness for, response to, or recovery from
      terrorist attacks.
        (6) The cost of establishing or enhancing mechanisms for
      sharing terrorism threat information and ensuring that the
      mechanisms are interoperable with Federal, State, and local
      agencies.
        (7) The cost of equipment (including software) required to
      receive, transmit, handle, and store classified information.

      (c) Matching Requirements. - 
        (1) 75-percent federal funding. - Except as provided in
      paragraph (2), Federal funds for any eligible project under this
      section shall not exceed 75 percent of the total cost of such
      project.
        (2) Exceptions. - 
          (A) Small projects. - There are no matching requirements for
        grants under subsection (a) for projects costing not more than
        $25,000.
          (B) Higher level of support required. - If the Secretary
        determines that a proposed project merits support and cannot be
        undertaken without a higher rate of Federal support, then the
        Secretary may approve grants under this section with a matching
        requirement other than that specified in paragraph (1).

      (d) Coordination and Cooperation Agreements. - The Secretary
    shall ensure that projects paid for, or the costs of which are
    reimbursed, under this section within any area or port are
    coordinated with other projects, and may require cooperative
    agreements among users of the port and port facilities with respect
    to projects funded under this section.
      (e) Multiple-Year Projects. - 
        (1) Letters of intent. - The Secretary may execute letters of
      intent to commit funding to such authorities, operators, and
      agencies.
        (2) Limitation. - Not more than 20 percent of the grant funds
      awarded under this subsection in any fiscal year may be awarded
      for projects that span multiple years.

      (f) Consistency With Plans. - The Secretary shall ensure that
    each grant awarded under subsection (e) - 
        (1) is used to supplement and support, in a consistent and
      coordinated manner, the applicable Area Maritime Transportation
      Security Plan; and
        (2) is coordinated with any applicable State or Urban Area
      Homeland Security Plan.

      (g) Applications. - Any entity subject to an Area Maritime
    Transportation Security Plan may submit an application for a grant
    under this section, at such time, in such form, and containing such
    information and assurances as the Secretary may require.
      (h) Reports. - Not later than 180 days after the date of the
    enactment of the SAFE Port Act, the Secretary, acting through the
    Commandant of the Coast Guard, shall submit a report to Congress,
    in a secure format, describing the methodology used to allocate
    port security grant funds on the basis of risk.
      (i) Administration. - 
        (1) In general. - The Secretary shall require eligible port
      authorities, facility operators, and State and local agencies
      required to provide security services, to submit an application,
      at such time, in such form, and containing such information and
      assurances as the Secretary may require, and shall include
      appropriate application, review, and delivery mechanisms.
        (2) Minimum standards for payment or reimbursement. - Each
      application for payment or reimbursement of eligible costs shall
      include, at a minimum, the following:
          (A) A copy of the applicable Area Maritime Transportation
        Security Plan or facility security plan.
          (B) A comprehensive description of the need for the project,
        and a statement of the project's relationship to the applicable
        Area Maritime Transportation Security Plan or facility security
        plan.
          (C) A determination by the Captain of the Port that the
        security project addresses or corrects Coast Guard identified
        vulnerabilities in security and ensures compliance with Area
        Maritime Transportation Security Plans and facility security
        plans.

        (3) Procedural safeguards. - The Secretary shall by regulation
      establish appropriate accounting, reporting, and review
      procedures to ensure that amounts paid or reimbursed under this
      section are used for the purposes for which they were made
      available, all expenditures are properly accounted for, and
      amounts not used for such purposes and amounts not obligated or
      expended are recovered.
        (4) Project approval required. - The Secretary may approve an
      application for the payment or reimbursement of costs under this
      section only if the Secretary is satisfied that - 
          (A) the project is consistent with Coast Guard vulnerability
        assessments and ensures compliance with Area Maritime
        Transportation Security Plans and facility security plans;
          (B) enough money is available to pay the project costs that
        will not be reimbursed by the United States Government under
        this section;
          (C) the project will be completed without unreasonable delay;
        and
          (D) the recipient has authority to carry out the project as
        proposed.

      (j) Audits and Examinations. - A recipient of amounts made
    available under this section shall keep such records as the
    Secretary may require, and make them available for review and audit
    by the Secretary, the Comptroller General of the United States, or
    the Inspector General of the department in which the Coast Guard is
    operating.
      (k) Reports on Security Funding and Compliance. - 
        (1) Initial report. - Within 6 months after the date of
      enactment of this Act, the Secretary shall transmit an
      unclassified report to the Senate Committee on Commerce, Science,
      and Transportation and the House of Representatives Committee on
      Transportation and Infrastructure, that - 
          (A) includes a funding proposal and rationale to fund the
        correction of Coast Guard identified vulnerabilities in port
        security and to help ensure compliance with Area Maritime
        Transportation Security Plans and facility security plans for
        fiscal years 2003 through 2008; and
          (B) includes projected funding proposals for fiscal years
        2003 through 2008 for the following security programs:
            (i) The Sea Marshall program.
            (ii) The Automated Identification System and a system of
          polling vessels on entry into United States waters.
            (iii) The maritime intelligence requirements in this Act.
            (iv) The issuance of transportation security cards required
          by section 70105.
            (v) The program of certifying secure systems of
          transportation.

        (2) Other expenditures. - The Secretary shall, as part of the
      report required by paragraph (1) report, in coordination with the
      Commissioner of Customs, on projected expenditures of screening
      and detection equipment and on cargo security programs over
      fiscal years 2003 through 2008.
        (3) Annual reports. - Annually, beginning 1 year after
      transmittal of the report required by paragraph (1) until October
      1, 2009, the Secretary shall transmit an unclassified annual
      report to the Senate Committee on Commerce, Science, and
      Transportation and the House of Representatives Committee on
      Transportation and Infrastructure, on progress in achieving
      compliance with the correction of Coast Guard identified
      vulnerabilities in port security and compliance with Area
      Maritime Transportation Security Plans and facility security
      plans that - 
          (A) identifies any modifications necessary in funding to
        ensure the correction of Coast Guard identified vulnerabilities
        and ensure compliance with Area Maritime Transportation
        Security Plans and facility security plans;
          (B) includes an assessment of progress in implementing the
        grant program established by subsection (a);
          (C) includes any recommendations the Secretary may make to
        improve these programs; and
          (D) with respect to a port selected by the Secretary,
        describes progress and enhancements of applicable Area Maritime
        Transportation Security Plans and facility security plans and
        how the Maritime Transportation Security Act of 2002 has
        improved security at that port.

      (l) Authorization of Appropriations. - There are authorized to be
    appropriated $400,000,000 for each of the fiscal years 2007 through
    2011 to carry out this section.
      (m) Investigations. - 
        (1) In general. - The Secretary shall conduct investigations,
      fund pilot programs, and award grants, to examine or develop - 
          (A) methods or programs to increase the ability to target for
        inspection vessels, cargo, crewmembers, or passengers that will
        arrive or have arrived at any port or place in the United
        States;
          (B) equipment to detect accurately explosives, chemical, or
        biological agents that could be used in a transportation
        security incident against the United States;
          (C) equipment to detect accurately nuclear or radiological
        materials, including scintillation-based detection equipment
        capable of signalling the presence of nuclear or radiological
        materials;
          (D) improved tags and seals designed for use on shipping
        containers to track the transportation of the merchandise in
        such containers, including sensors that are able to track a
        container throughout its entire supply chain, detect hazardous
        and radioactive materials within that container, and transmit
        that information to the appropriate law enforcement
        authorities;
          (E) tools, including the use of satellite tracking systems,
        to increase the awareness of maritime areas and to identify
        potential transportation security incidents that could have an
        impact on facilities, vessels, and infrastructure on or
        adjacent to navigable waterways, including underwater access;
          (F) tools to mitigate the consequences of a transportation
        security incident on, adjacent to, or under navigable waters of
        the United States, including sensor equipment, and other tools
        to help coordinate effective response to a transportation
        security incident;
          (G) applications to apply existing technologies from other
        areas or industries to increase overall port security;
          (H) improved container design, including blast-resistant
        containers; and
          (I) methods to improve security and sustainability of port
        facilities in the event of a maritime transportation security
        incident, including specialized inspection facilities.

        (2) Implementation of technology. - 
          (A) In general. - In conjunction with ongoing efforts to
        improve security at United States ports, the Secretary may
        conduct pilot projects at United States ports to test the
        effectiveness and applicability of new port security projects,
        including - 
            (i) testing of new detection and screening technologies;
            (ii) projects to protect United States ports and
          infrastructure on or adjacent to the navigable waters of the
          United States, including underwater access; and
            (iii) tools for responding to a transportation security
          incident at United States ports and infrastructure on or
          adjacent to the navigable waters of the United States,
          including underwater access.

          (B) Authorization of appropriations. - There is authorized to
        be appropriated to the Secretary $35,000,000 for each of fiscal
        years 2005 through 2009 to carry out this subsection.

        (3) National port security centers. - 
          (A) In general. - The Secretary may make grants or enter into
        cooperative agreements with eligible nonprofit institutions of
        higher learning to conduct investigations in collaboration with
        ports and the maritime transportation industry focused on
        enhancing security of the Nation's ports in accordance with
        this subsection through National Port Security Centers.
          (B) Applications. - To be eligible to receive a grant under
        this paragraph, a nonprofit institution of higher learning, or
        a consortium of such institutions, shall submit an application
        to the Secretary in such form and containing such information
        as the Secretary may require.
          (C) Competitive selection process. - The Secretary shall
        select grant recipients under this paragraph through a
        competitive process on the basis of the following criteria:
            (i) Whether the applicant can demonstrate that personnel,
          laboratory, and organizational resources will be available to
          the applicant to carry out the investigations authorized in
          this paragraph.
            (ii) The applicant's capability to provide leadership in
          making national and regional contributions to the solution of
          immediate and long-range port and maritime transportation
          security and risk mitigation problems.
            (iii) Whether the applicant can demonstrate that is (!2)
          has an established, nationally recognized program in
          disciplines that contribute directly to maritime
          transportation safety and education.

            (iv) Whether the applicant's investigations will involve
          major United States ports on the East Coast, the Gulf Coast,
          and the West Coast, and Federal agencies and other entities
          with expertise in port and maritime transportation.
            (v) Whether the applicant has a strategic plan for carrying
          out the proposed investigations under the grant.

        (4) Administrative provisions. - 
          (A) No duplication of effort. - Before making any grant, the
        Secretary shall coordinate with other Federal agencies to
        ensure the grant will not duplicate work already being
        conducted with Federal funding.
          (B) Accounting. - The Secretary shall by regulation establish
        accounting, reporting, and review procedures to ensure that
        funds made available under paragraph (1) are used for the
        purpose for which they were made available, that all
        expenditures are properly accounted for, and that amounts not
        used for such purposes and amounts not expended are recovered.
          (C) Recordkeeping. - Recipients of grants shall keep all
        records related to expenditures and obligations of funds
        provided under paragraph (1) and make them available upon
        request to the Inspector General of the department in which the
        Coast Guard is operating and the Secretary for audit and
        examination.

        (5) Annual review and report. - The Inspector General of the
      department in which the Coast Guard is operating shall annually
      review the programs established under this subsection to ensure
      that the expenditures and obligations of funds are consistent
      with the purposes for which they are provided, and report the
      findings to the Committee on Commerce, Science, and
      Transportation of the Senate and the Committee on Transportation
      and Infrastructure of the House of Representatives.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2075; amended Pub. L. 108-293, title VIII, Secs. 804(a), (b),
    808(a), Aug. 9, 2004, 118 Stat. 1081, 1083; Pub. L. 109-347, title
    I, Sec. 112, Oct. 13, 2006, 120 Stat. 1894.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of the SAFE Port Act, referred to in
    subsec. (h), is the date of enactment of Pub. L. 109-347, which was
    approved Oct. 13, 2006.
      The date of enactment of this Act, referred to in subsec. (k)(1),
    probably means the date of enactment of Pub. L. 107-295, which
    enacted this section and was approved Nov. 25, 2002.
      This Act, referred to in subsec. (k)(1)(B)(iii), probably means
    the Maritime Transportation Security Act of 2002, which enacted
    this subtitle, see note below.
      The Maritime Transportation Security Act of 2002, referred to in
    subsec. (k)(3)(D), is Pub. L. 107-295, Nov. 25, 2002, 116 Stat.
    2064. For complete classification of this Act to the Code, see
    Tables.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-347, Sec. 112(a), (e),
    substituted "for the allocation of funds based on risk" for "for
    making a fair and equitable allocation of funds" and "national
    economic, energy, and strategic defense concerns based upon the
    most current risk assessments available" for "national economic and
    strategic defense concerns".
      Subsec. (b)(2). Pub. L. 109-347, Sec. 112(b)(1), inserted at end
    "Grants awarded under this section may not be used to construct
    buildings or other physical facilities, except those which are
    constructed under terms and conditions consistent with the
    requirements under section 611(j)(8) of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5121(j)(8)), including those facilities in support of this
    paragraph, and specifically approved by the Secretary. Costs
    eligible for funding under this paragraph may not exceed the
    greater of - " and subpars. (A) and (B).
      Subsec. (b)(5) to (7). Pub. L. 109-347, Sec. 112(b)(2), added
    pars. (5) to (7).
      Subsecs. (e) to (i). Pub. L. 109-347, Sec. 112(c)(1), added
    subsecs. (e) to (h). Former subsecs. (e) to (i) redesignated (i) to
    (m), respectively.
      Subsec. (i)(1). Pub. L. 109-347, Sec. 112(c)(2), substituted
    "Secretary shall require" for "program shall require".
      Subsecs. (j), (k). Pub. L. 109-347, Sec. 112(c)(1), redesignated
    subsecs. (f) and (g) as (j) and (k), respectively.
      Subsec. (l). Pub. L. 109-347, Sec. 112(d), amended subsec. (l)
    generally. Prior to amendment, subsec. (l) read as follows: "There
    are authorized to be appropriated to the Secretary for each of
    fiscal years 2003 through 2008 such sums as are necessary to carry
    out subsections (a) through (g)."
      Pub. L. 109-347, Sec. 112(c)(1), redesignated subsec. (h) as (l).
      Subsec. (m). Pub. L. 109-347, Sec. 112(c)(1), redesignated
    subsec. (i) as (m).
      2004 - Subsec. (a). Pub. L. 108-293, Sec. 804(a), reenacted
    heading without change and amended text of subsec. (a) generally.
    Prior to amendment, text read as follows: "The Secretary of
    Transportation, acting through the Maritime Administrator, shall
    establish a grant program for making a fair and equitable
    allocation among port authorities, facility operators, and State
    and local agencies required to provide security services of funds
    to implement Area Maritime Transportation Security Plans and
    facility security plans. The program shall take into account
    national economic and strategic defense considerations."
      Subsec. (c)(2)(B). Pub. L. 108-293, Sec. 804(b)(1), substituted
    "Secretary determines" for "Secretary of Transportation
    determines".
      Subsecs. (d), (e). Pub. L. 108-293, Sec. 804(b)(1), substituted
    "Secretary" for "Secretary of Transportation" wherever appearing.
      Subsec. (f). Pub. L. 108-293, Sec. 804(b), substituted
    "Secretary" for "Secretary of Transportation" in two places and
    "department in which the Coast Guard is operating" for "Department
    of Transportation".
      Subsecs. (g), (h). Pub. L. 108-293, Sec. 804(b)(1), substituted
    "Secretary" for "Secretary of Transportation" wherever appearing.
      Subsec. (i). Pub. L. 108-293, Sec. 808(a), added subsec. (i) and
    struck out former subsec. (i) which related to research and
    development grants for port security.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-293, title VIII, Sec. 804(c), Aug. 9, 2004, 118 Stat.
    1081, provided that: "Subsections (a) and (b) [amending this
    section] - 
        "(1) shall take effect October 1, 2004; and
        "(2) shall not affect any grant made before that date."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-FOOTNOTE-
    (!1) So in original. Probably should be "5196(j)(8)".

    (!2) So in original. Probably should be "the applicant".


-End-



-CITE-
    46 USC Sec. 70107A                                          01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70107A. Interagency operational centers for port security

-STATUTE-
      (a) In General. - The Secretary shall establish interagency
    operational centers for port security at all high-priority ports
    not later than 3 years after the date of the enactment of the SAFE
    Port Act.
      (b) Characteristics. - The interagency operational centers
    established under this section shall - 
        (1) utilize, as appropriate, the compositional and operational
      characteristics of existing centers, including - 
          (A) the pilot project interagency operational centers for
        port security in Miami, Florida; Norfolk/Hampton Roads,
        Virginia; Charleston, South Carolina; and San Diego,
        California; and
          (B) the virtual operation center of the Port of New York and
        New Jersey;

        (2) be organized to fit the security needs, requirements, and
      resources of the individual port area at which each is operating;
        (3) in addition to the Coast Guard, provide, as the Secretary
      determines appropriate, for participation by representatives of
      the United States Customs and Border Protection, the United
      States Immigration and Customs Enforcement, the Transportation
      Security Administration, the Department of Justice, the
      Department of Defense, and other Federal agencies, State and
      local law enforcement or port security personnel, members of the
      Area Maritime Security Committee, and other public and private
      sector stakeholders adversely affected by a transportation
      security incident or transportation disruption; and
        (4) be incorporated in the implementation and administration of
      - 
          (A) maritime transportation security plans developed under
        section 70103;
          (B) maritime intelligence activities under section 70113 and
        information sharing activities consistent with section 1016 of
        the National Security Intelligence Reform Act of 2004 (6 U.S.C.
        485) and the Homeland Security Information Sharing Act (6
        U.S.C. 481 et seq.);
          (C) short- and long-range vessel tracking under sections
        70114 and 70115;
          (D) protocols under section 201(b)(10) of the SAFE Port Act;
          (E) the transportation security incident response plans
        required by section 70104; and
          (F) other activities, as determined by the Secretary.

      (c) Security Clearances. - The Secretary shall sponsor and
    expedite individuals participating in interagency operational
    centers in gaining or maintaining their security clearances.
    Through the Captain of the Port, the Secretary may identify key
    individuals who should participate. The port or other entities may
    appeal to the Captain of the Port for sponsorship.
      (d) Security Incidents. - During a transportation security
    incident on or adjacent to waters subject to the jurisdiction of
    the United States, the Coast Guard Captain of the Port designated
    by the Commandant of the Coast Guard in a maritime security command
    center described in subsection (a) shall act as the incident
    commander, unless otherwise directed by the President.
      (e) Rule of Construction. - Nothing in this section shall be
    construed to affect the normal command and control procedures for
    operational entities in the Department, unless so directed by the
    Secretary.
      (f) Authorization of Appropriations. - There are authorized to be
    appropriated $60,000,000 for each of the fiscal years 2007 through
    2012 to carry out this section.

-SOURCE-
    (Added Pub. L. 109-347, title I, Sec. 108(a), Oct. 13, 2006, 120
    Stat. 1892.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of the SAFE Port Act, referred to in
    subsec. (a), is the date of enactment of Pub. L. 109-347, which was
    approved Oct. 13, 2006.
      The Homeland Security Information Sharing Act, referred to in
    subsec. (b)(4)(B), is subtitle I of title VIII of Pub. L. 107-296,
    Nov. 25, 2002, 116 Stat. 2252, which is classified principally to
    part I (Sec. 481 et seq.) of subchapter VIII of chapter 1 of Title
    6, Domestic Security. For complete classification of this Act to
    the Code, see section 481 of Title 6 and Tables.
      Section 201(b)(10) of the SAFE Port Act, referred to in subsec.
    (b)(4)(D), is classified to section 941(b)(10) of Title 6, Domestic
    Security.


-MISC1-
                            REPORT REQUIREMENT                        
      Pub. L. 109-347, title I, Sec. 108(b), Oct. 13, 2006, 120 Stat.
    1893, provided that: "Nothing in this section [enacting this
    section] or the amendments made by this section relieves the
    Commandant of the Coast Guard from complying with the requirements
    of section 807 of the Coast Guard and Maritime Transportation Act
    of 2004 (Public Law 108-293; 118 Stat. 1082). The Commandant shall
    utilize the information developed in making the report required by
    that section in carrying out the requirements of this section."

-End-



-CITE-
    46 USC Sec. 70108                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70108. Foreign port assessment

-STATUTE-
      (a) In General. - The Secretary shall assess the effectiveness of
    the antiterrorism measures maintained at - 
        (1) a foreign port - 
          (A) served by vessels documented under chapter 121 of this
        title; or
          (B) from which foreign vessels depart on a voyage to the
        United States; and

        (2) any other foreign port the Secretary believes poses a
      security risk to international maritime commerce.

      (b) Procedures. - In conducting an assessment under subsection
    (a), the Secretary shall assess the effectiveness of - 
        (1) screening of containerized and other cargo and baggage;
        (2) security measures to restrict access to cargo, vessels, and
      dockside property to authorized personnel only;
        (3) additional security on board vessels;
        (4) licensing or certification of compliance with appropriate
      security standards;
        (5) the security management program of the foreign port; and
        (6) other appropriate measures to deter terrorism against the
      United States.

      (c) Consultation. - In carrying out this section, the Secretary
    shall consult with - 
        (1) the Secretary of Defense and the Secretary of State - 
          (A) on the terrorist threat that exists in each country
        involved; and
          (B) to identify foreign ports that pose a high risk of
        introducing terrorism to international maritime commerce;

        (2) the Secretary of the Treasury;
        (3) appropriate authorities of foreign governments; and
        (4) operators of vessels.

      (d) Periodic Reassessment. - The Secretary, acting through the
    Commandant of the Coast Guard, shall reassess the effectiveness of
    antiterrorism measures maintained at ports as described under
    subsection (a) and of procedures described in subsection (b) not
    less than once every 3 years.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2079; amended Pub. L. 109-347, title II, Sec. 234, Oct. 13,
    2006, 120 Stat. 1918.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (d). Pub. L. 109-347 added subsec. (d).

-End-



-CITE-
    46 USC Sec. 70109                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70109. Notifying foreign authorities

-STATUTE-
      (a) In General. - If the Secretary, after conducting an
    assessment under section 70108, finds that a port in a foreign
    country does not maintain effective antiterrorism measures, the
    Secretary shall notify the appropriate authorities of the
    government of the foreign country of the finding and recommend the
    steps necessary to improve the antiterrorism measures in use at the
    port.
      (b) Training Program. - The Secretary, in cooperation with the
    Secretary of State, shall operate a port security training program
    for ports in foreign countries that are found under section 70108
    to lack effective antiterrorism measures.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2080.)

-End-



-CITE-
    46 USC Sec. 70110                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70110. Actions and assistance for foreign ports and United
      States territories

-STATUTE-
      (a) In General. - If the Secretary finds that a foreign port does
    not maintain effective antiterrorism measures, the Secretary - 
        (1) may prescribe conditions of entry into the United States
      for any vessel arriving from that port, or any vessel carrying
      cargo or passengers originating from or transshipped through that
      port;
        (2) may deny entry into the United States to any vessel that
      does not meet such conditions; and
        (3) shall provide public notice for passengers of the
      ineffective antiterrorism measures.

      (b) Effective Date for Sanctions. - Any action taken by the
    Secretary under subsection (a) for a particular port shall take
    effect - 
        (1) 90 days after the government of the foreign country with
      jurisdiction over or control of that port is notified under
      section 70109 unless the Secretary finds that the government has
      brought the antiterrorism measures at the port up to the security
      level the Secretary used in making an assessment under section
      70108 before the end of that 90-day period; or
        (2) immediately upon the finding of the Secretary under
      subsection (a) if the Secretary finds, after consulting with the
      Secretary of State, that a condition exists that threatens the
      safety or security of passengers, vessels, or crew traveling to
      or from the port.

      (c) State Department To Be Notified. - The Secretary immediately
    shall notify the Secretary of State of a finding that a port does
    not maintain effective antiterrorism measures.
      (d) Action Canceled. - An action required under this section is
    no longer required if the Secretary decides that effective
    antiterrorism measures are maintained at the port.
      (e) Assistance for Foreign Ports and United States Territories. -
    
        (1) In general. - The Secretary, in consultation with the
      Secretary of Transportation, the Secretary of State, and the
      Secretary of Energy, shall identify assistance programs that
      could facilitate implementation of port security antiterrorism
      measures in foreign countries and territories of the United
      States. The Secretary shall establish a program to utilize the
      programs that are capable of implementing port security
      antiterrorism measures at ports in foreign countries and
      territories of the United States that the Secretary finds to lack
      effective antiterrorism measures.
      (2) Caribbean basin
        The Secretary, in coordination with the Secretary of State and
      in consultation with the Organization of American States and the
      Commandant of the Coast Guard, shall place particular emphasis on
      utilizing programs to facilitate the implementation of port
      security antiterrorism measures at the ports located in the
      Caribbean Basin, as such ports pose unique security and safety
      threats to the United States due to - 
          (A) the strategic location of such ports between South
        America and the United States;
          (B) the relative openness of such ports; and
          (C) the significant number of shipments of narcotics to the
        United States that are moved through such ports.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2080; amended Pub. L. 109-347, title II, Sec. 233(b), Oct.
    13, 2006, 120 Stat. 1917.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-347, Sec. 233(b)(1), substituted "Actions and
    assistance for foreign ports and United States territories" for
    "Actions when foreign ports not maintaining effective antiterrorism
    measures" in section catchline.
      Subsec. (e). Pub. L. 109-347, Sec. 233(b)(2), added subsec. (e).

-End-



-CITE-
    46 USC Sec. 70111                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70111. Enhanced crewmember identification

-STATUTE-
      (a) Requirement. - Not later than 1 year after the date of
    enactment of the SAFE Port Act, the Secretary, in consultation with
    the Attorney General and the Secretary of State, shall require
    crewmembers on vessels calling at United States ports to carry and
    present on demand any identification that the Secretary decides is
    necessary.
      (b) Forms and Process. - Not later than 1 year after the date of
    enactment of the SAFE Port Act, the Secretary, in consultation with
    the Attorney General and the Secretary of State, shall establish
    the proper forms and process that shall be used for identification
    and verification of crewmembers.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2080; amended Pub. L. 109-347, title I, Sec. 110, Oct. 13,
    2006, 120 Stat. 1893.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the SAFE Port Act, referred to in
    subsecs. (a) and (b), is the date of enactment of Pub. L. 109-347,
    which was approved Oct. 13, 2006.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsecs. (a), (b). Pub. L. 109-347 substituted "Not later
    than 1 year after the date of enactment of the SAFE Port Act, the"
    for "The".

                   INTERNATIONAL SEAFARER IDENTIFICATION               
      Pub. L. 107-295, title I, Sec. 103, Nov. 25, 2002, 116 Stat.
    2084, provided that:
      "(a) Treaty Initiative. - The Secretary of the department in
    which the Coast Guard is operating is encouraged to negotiate an
    international agreement, or an amendment to an international
    agreement, that provides for a uniform, comprehensive,
    international system of identification for seafarers that will
    enable the United States and another country to establish
    authoritatively the identity of any seafarer aboard a vessel within
    the jurisdiction, including the territorial waters, of the United
    States or such other country.
      "(b) Legislative Alternative. - If the Secretary fails to
    complete a negotiation process undertaken under subsection (a)
    within 24 months after the date of enactment of this Act [Nov. 25,
    2002], the Secretary shall transmit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    draft of legislation that, if enacted, would establish a uniform,
    comprehensive system of identification for seafarers."
      [For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.]

-End-



-CITE-
    46 USC Sec. 70112                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70112. Maritime Security Advisory Committees

-STATUTE-
      (a) Establishment of Committees. - (1) The Secretary shall
    establish a National Maritime Security Advisory Committee. The
    Committee - 
        (A) may advise, consult with, report to, and make
      recommendations to the Secretary on matters relating to national
      maritime security matters;
        (B) may make available to the Congress recommendations that the
      Committee makes to the Secretary; and
        (C) shall meet at the call of - 
          (i) the Secretary, who shall call such a meeting at least
        once during each calendar year; or
          (ii) a majority of the Committee.

      (2)(A) The Secretary may - 
        (i) establish an Area Maritime Security Advisory Committee for
      any port area of the United States; and
        (ii) request such a committee to review the proposed Area
      Maritime Transportation Security Plan developed under section
      70103(b) and make recommendations to the Secretary that the
      Committee considers appropriate.

      (B) A committee established under this paragraph for an area - 
        (i) may advise, consult with, report to, and make
      recommendations to the Secretary on matters relating to maritime
      security in that area;
        (ii) may make available to the Congress recommendations that
      the committee makes to the Secretary; and
        (iii) shall meet at the call of - 
          (I) the Secretary, who shall call such a meeting at least
        once during each calendar year; or
          (II) a majority of the committee.

      (b) Membership. - (1) Each of the committees established under
    subsection (a) shall consist of not less than 7 members appointed
    by the Secretary, each of whom has at least 5 years practical
    experience in maritime security operations.
      (2) The term of each member shall be for a period of not more
    than 5 years, specified by the Secretary.
      (3) Before appointing an individual to a position on such a
    committee, the Secretary shall publish a notice in the Federal
    Register soliciting nominations for membership on the committee.
      (4) The Secretary may require an individual to have passed an
    appropriate security background examination before appointment to
    the Committee.
      (5) The membership of an Area Maritime Security Advisory
    Committee shall include representatives of the port industry,
    terminal operators, port labor organizations, and other users of
    the port areas.
      (c) Chairperson and Vice Chairperson. - (1) Each committee
    established under subsection (a) shall elect 1 of its members as
    the Chairman and 1 of its members as the Vice Chairperson.
      (2) The Vice Chairman shall act as Chairman in the absence or
    incapacity of the Chairman, or in the event of a vacancy in the
    office of the Chairman.
      (d) Observers. - (1) The Secretary shall, and the head of any
    other interested Federal agency may, designate a representative to
    participate as an observer with the Committee.
      (2) The Secretary's designated representative shall act as the
    executive secretary of the Committee and shall perform the duties
    set forth in section 10(c) of the Federal Advisory Committee Act (5
    U.S.C. App.).
      (e) Consideration of Views. - The Secretary shall consider the
    information, advice, and recommendations of the Committee in
    formulating policy regarding matters affecting maritime security.
      (f) Compensation and Expenses. - (1) A member of a committee
    established under this section, when attending meetings of the
    committee or when otherwise engaged in the business of the
    committee, is entitled to receive - 
        (A) compensation at a rate fixed by the Secretary, not
      exceeding the daily equivalent of the current rate of basic pay
      in effect for GS-15 of the General Schedule under section 5332 of
      title 5 including travel time; and
        (B) travel or transportation expenses under section 5703 of
      title 5.

      (2) A member of such a committee shall not be considered to be an
    officer or employee of the United States for any purpose based on
    their receipt of any payment under this subsection.
      (g) FACA; Termination. - (1) The Federal Advisory Committee Act
    (5 U.S.C. App.) - 
        (A) applies to the National Maritime Security Advisory
      Committee established under this section, except that such
      committee terminates on September 30, 2008; and
        (B) does not apply to Area Maritime Security Advisory
      Committees established under this section.

      (2) Not later than September 30, 2006, each committee established
    under this section shall submit to the Congress its recommendation
    regarding whether the committee should be renewed and continued
    beyond the termination date.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2081; amended Pub. L. 108-293, title VIII, Sec. 806, Aug. 9,
    2004, 118 Stat. 1082; Pub. L. 109-241, title IX, Sec. 901(m), July
    11, 2006, 120 Stat. 565.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsecs.
    (d)(2) and (g)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770,
    as amended, which is set out in the Appendix to Title 5, Government
    Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b)(5). Pub. L. 109-241 realigned margins.
      2004 - Subsec. (b)(5). Pub. L. 108-293 added par. (5).

-End-



-CITE-
    46 USC Sec. 70113                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70113. Maritime intelligence

-STATUTE-
      (a) In General. - The Secretary shall implement a system to
    collect, integrate, and analyze information concerning vessels
    operating on or bound for waters subject to the jurisdiction of the
    United States, including information related to crew, passengers,
    cargo, and intermodal shipments. The system may include a vessel
    risk profiling component that assigns incoming vessels a terrorism
    risk rating.
      (b) Consultation. - In developing the information system under
    subsection (a), the Secretary shall consult with the Transportation
    Security Oversight Board and other departments and agencies, as
    appropriate.
      (c) Information Integration. - To deter a transportation security
    incident, the Secretary may collect information from public and
    private entities to the extent that the information is not provided
    by other Federal departments and agencies.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2082; amended Pub. L. 108-293, title VIII, Sec. 803(a), Aug.
    9, 2004, 118 Stat. 1080.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-293 inserted at end "The system
    may include a vessel risk profiling component that assigns incoming
    vessels a terrorism risk rating."

-End-



-CITE-
    46 USC Sec. 70114                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70114. Automatic identification systems

-STATUTE-
      (a) System Requirements. - (1) Subject to paragraph (2), the
    following vessels, while operating on the navigable waters of the
    United States, shall be equipped with and operate an automatic
    identification system under regulations prescribed by the
    Secretary:
        (A) A self-propelled commercial vessel of at least 65 feet
      overall in length.
        (B) A vessel carrying more than a number of passengers for hire
      determined by the Secretary.
        (C) A towing vessel of more than 26 feet overall in length and
      600 horsepower.
        (D) Any other vessel for which the Secretary decides that an
      automatic identification system is necessary for the safe
      navigation of the vessel.

      (2) The Secretary may - 
        (A) exempt a vessel from paragraph (1) if the Secretary finds
      that an automatic identification system is not necessary for the
      safe navigation of the vessel on the waters on which the vessel
      operates; and
        (B) waive the application of paragraph (1) with respect to
      operation of vessels on navigable waters of the United States
      specified by the Secretary if the Secretary finds that automatic
      identification systems are not needed for safe navigation on
      those waters.

      (b) Regulations. - The Secretary shall prescribe regulations
    implementing subsection (a), including requirements for the
    operation and maintenance of the automatic identification systems
    required under subsection (a).

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2082.)


-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 107-295, title I, Sec. 102(e), Nov. 25, 2002, 116 Stat.
    2084, provided that:
      "(1) Schedule. - Section 70114 of title 46, United States Code,
    as enacted by this Act, shall apply as follows:
        "(A) On and after January 1, 2003, to any vessel built after
      that date.
        "(B) On and after July 1, 2003, to any vessel built before the
      date referred to in subparagraph (A) that is - 
          "(i) a passenger vessel required to carry a certificate under
        the International Convention for the Safety of Life at Sea,
        1974 (SOLAS) [see 33 U.S.C. 1602 and notes thereunder];
          "(ii) a tanker; or
          "(iii) a towing vessel engaged in moving a tank vessel.
        "(C) On and after December 31, 2004, to all other vessels built
      before the date referred to in subparagraph (A).
      "(2) Definition. - The terms in this subsection have the same
    meaning as those terms have under section 2101 [now also 115] of
    title 46, United States Code."

-End-



-CITE-
    46 USC Sec. 70115                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70115. Long-range vessel tracking system

-STATUTE-
      Not later than April 1, 2007, the Secretary shall, consistent
    with international treaties, conventions, and agreements to which
    the United States is a party, develop and implement a long-range
    automated vessel tracking system for all vessels in United States
    waters that are equipped with the Global Maritime Distress and
    Safety System or equivalent satellite technology. The system shall
    be designed to provide the Secretary the capability of receiving
    information on vessel positions at interval positions appropriate
    to deter transportation security incidents. The Secretary may use
    existing maritime organizations to collect and monitor tracking
    information under the system.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2083; amended Pub. L. 108-293, title VIII, Sec. 803(b), Aug.
    9, 2004, 118 Stat. 1080; Pub. L. 109-347, title I, Sec. 107(a),
    Oct. 13, 2006, 120 Stat. 1891.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-347, in first sentence, substituted "Not later
    than April 1, 2007, the Secretary" for "The Secretary".
      2004 - Pub. L. 108-293, in first sentence, substituted "shall,
    consistent with international treaties, conventions, and agreements
    to which the United States is a party," for "may".

                                REGULATIONS                            
      Pub. L. 109-347, title I, Sec. 107(b), Oct. 13, 2006, 120 Stat.
    1891, provided that: "The Secretary [of Homeland Security] may
    issue regulations to establish a voluntary long-range automated
    vessel tracking system for vessels described in section 70115 of
    title 46, United States Code, during the period before regulations
    are issued under such section."

                     LONG-RANGE VESSEL TRACKING SYSTEM                 
      Pub. L. 109-241, title IV, Sec. 404, July 11, 2006, 120 Stat.
    535, provided that:
      "(a) Pilot Project. - The Secretary of the department in which
    the Coast Guard is operating, acting through the Commandant of the
    Coast Guard, shall conduct a 3-year pilot program for long-range
    tracking of up to 2,000 vessels using satellite systems with a
    nonprofit maritime organization that has a demonstrated capability
    of operating a variety of satellite communications systems
    providing data to vessel tracking software and hardware that
    provides long-range vessel information to the Coast Guard to aid
    maritime security and response to maritime emergencies.
      "(b) Authorization of Appropriations. - There is authorized to be
    appropriated to the Secretary $4,000,000 for each of fiscal years
    2006, 2007, and 2008 to carry out subsection (a)."

-End-



-CITE-
    46 USC Sec. 70116                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70116. Secure systems of transportation

-STATUTE-
      (a) In General. - The Secretary, in consultation with the
    Transportation Security Oversight Board, shall establish a program
    to evaluate and certify secure systems of international intermodal
    transportation.
      (b) Elements of Program. - The program shall include - 
        (1) establishing standards and procedures for screening and
      evaluating cargo prior to loading in a foreign port for shipment
      to the United States either directly or via a foreign port;
        (2) establishing standards and procedures for securing cargo
      and monitoring that security while in transit;
        (3) developing performance standards to enhance the physical
      security of shipping containers, including standards for seals
      and locks;
        (4) establishing standards and procedures for allowing the
      United States Government to ensure and validate compliance with
      this program; and
        (5) any other measures the Secretary considers necessary to
      ensure the security and integrity of international intermodal
      transport movements.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2083.)


-MISC1-
             REPORT ON SECURE SYSTEM OF TRANSPORTATION PROGRAM         
      Pub. L. 107-295, title I, Sec. 110(c), Nov. 25, 2002, 116 Stat.
    2092, provided that:
      "Within 1 year after the secure system of transportation program
    is implemented under section 70116 of title 46, United States Code,
    as amended by this Act, the Secretary of the department in which
    the Coast Guard is operating shall transmit a report to the Senate
    Committees on Commerce, Science, and Transportation and Finance and
    the House of Representatives Committees on Transportation and
    Infrastructure and Ways and Means that - 
        "(1) evaluates the secure system of transportation program and
      its components;
        "(2) states the Secretary's view as to whether any procedure,
      system, or technology evaluated as part of the program offers a
      higher level of security than requiring imported goods to clear
      customs under existing procedures and for the requirements of the
      National Maritime Security Plan for reopening of United States
      ports to commerce;
        "(3) states the Secretary's view as to the integrity of the
      procedures, technology, or systems evaluated as part of the
      program;
        "(4) makes a recommendation with respect to whether the
      program, or any procedure, system, or technology should be
      incorporated in a nationwide system for preclearance of imports
      of waterborne goods and for the requirements of the National
      Maritime Security Plan for the reopening of United States ports
      to Commerce;
        "(5) describes the impact of the program on staffing levels at
      the department in which the Coast Guard is operating, and the
      Customs Service; and
        "(6) states the Secretary's views as to whether there is a
      method by which the United States could validate foreign ports so
      that cargo from those ports is preapproved for entry into the
      United States and for the purpose of the requirements of the
      National Maritime Security Plan for the reopening of United
      States ports to commerce."
      [For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.]
      [For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.]

                           PERFORMANCE STANDARDS                       
      Pub. L. 107-295, title I, Sec. 111, Nov. 25, 2002, 116 Stat.
    2092, provided that: "Not later than January 1, 2004, the Secretary
    of the department in which the Coast Guard is operating, in
    consultation with the Transportation Security Oversight Board,
    shall - 
        "(1) develop and maintain an antiterrorism cargo
      identification, tracking, and screening system for containerized
      cargo shipped to and from the United States either directly or
      via a foreign port; and
        "(2) develop performance standards to enhance the physical
      security of shipping containers, including standards for seals
      and locks."
      [For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.]

-End-



-CITE-
    46 USC Sec. 70117                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70117. Firearms, arrests, and seizure of property

-STATUTE-
      Subject to guidelines approved by the Secretary, members of the
    Coast Guard may, in the performance of official duties - 
        (1) carry a firearm; and
        (2) while at a facility - 
          (A) make an arrest without warrant for any offense against
        the United States committed in their presence; and
          (B) seize property as otherwise provided by law.

-SOURCE-
    (Added Pub. L. 108-293, title VIII, Sec. 801(a), Aug. 9, 2004, 118
    Stat. 1078, Sec. 70118; renumbered Sec. 70117, Pub. L. 109-241,
    title IX, Sec. 901(l)(1), July 11, 2006, 120 Stat. 565; Pub. L. 109-
    304, Sec. 15(33)(A), Oct. 6, 2006, 120 Stat. 1705.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 70117 was renumbered section 70120 of this title.
      Another prior section 70117 was renumbered section 70119 of this
    title.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304 directed renumbering identical to that
    made by Pub. L. 109-241. See below.
      Pub. L. 109-241 renumbered section 70118 of this title, as added
    by Pub. L. 108-293, Sec. 801(a), as this section.

-End-



-CITE-
    46 USC Sec. 70118                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70118. Enforcement by State and local officers

-STATUTE-
      (a) In General. - Any State or local government law enforcement
    officer who has authority to enforce State criminal laws may make
    an arrest for violation of a security zone regulation prescribed
    under section 1 of title II of the Act of June 15, 1917 (chapter
    30; 50 U.S.C. 191) or security or safety zone regulation under
    section 7(b) of the Ports and Waterways Safety Act (33 U.S.C.
    1226(b)) or a safety zone regulation prescribed under section 10(d)
    of the Deepwater Port Act of 1974 (33 U.S.C. 1509(d)) by a Coast
    Guard official authorized by law to prescribe such regulations, if -
     
        (1) such violation is a felony; and
        (2) the officer has reasonable grounds to believe that the
      person to be arrested has committed or is committing such
      violation.

      (b) Other Powers not Affected. - The provisions of this section
    are in addition to any power conferred by law to such officers.
    This section shall not be construed as a limitation of any power
    conferred by law to such officers, or any other officer of the
    United States or any State. This section does not grant to such
    officers any powers not authorized by the law of the State in which
    those officers are employed.

-SOURCE-
    (Added Pub. L. 108-293, title VIII, Sec. 801(a), Aug. 9, 2004, 118
    Stat. 1078, Sec. 70119; renumbered Sec. 70118, Pub. L. 109-241,
    title IX, Sec. 901(l)(1), July 11, 2006, 120 Stat. 565; Pub. L. 109-
    304, Sec. 15(33)(A), Oct. 6, 2006, 120 Stat. 1705.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 70118 was renumbered section 70117 of this title.
      Another prior section 70118 was renumbered section 70121 of this
    title.

                                AMENDMENTS                            
      2006 - Pub. L. 109-304 directed renumbering identical to that
    made by Pub. L. 109-241. See below.
      Pub. L. 109-241 renumbered section 70119 of this title, as added
    by Pub. L. 108-293, Sec. 801(a), as this section.

-End-



-CITE-
    46 USC Sec. 70119                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70119. Civil penalty

-STATUTE-
      (a) In General. - Any person that violates this chapter or any
    regulation under this chapter shall be liable to the United States
    for a civil penalty of not more than $25,000 for each day during
    which the violation continues.
      (b) Continuing Violations. - The maximum amount of a civil
    penalty for a violation under this section shall not exceed
    $50,000.

-SOURCE-
    (Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
    Stat. 2084, Sec. 70117; renumbered Sec. 70119, Pub. L. 108-293,
    title VIII, Sec. 802(a)(1), Aug. 9, 2004, 118 Stat. 1078; amended
    Pub. L. 109-241, title III, Sec. 306(a), July 11, 2006, 120 Stat.
    528.)

-COD-
                               CODIFICATION                           
      Another section 70119 was renumbered section 70118 of this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-241 designated existing provisions as subsec.
    (a), inserted heading, substituted "day during which the violation
    continues" for "violation", and added subsec. (b).

-End-



-CITE-
    46 USC Sec. 70120                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70120. In rem liability for civil penalties and certain costs

-STATUTE-
      (a) Civil Penalties. - Any vessel operated in violation of this
    chapter or any regulations prescribed under this chapter shall be
    liable in rem for any civil penalty assessed pursuant to section
    70119 for such violation, and may be proceeded against for such
    liability in the United States district court for any district in
    which the vessel may be found.
      (b) Reimbursable Costs of Service Providers. - A vessel shall be
    liable in rem for the reimbursable costs incurred by any service
    provider related to implementation and enforcement of this chapter
    and arising from a violation by the operator of the vessel of this
    chapter or any regulations prescribed under this chapter, and may
    be proceeded against for such liability in the United States
    district court for any district in which such vessel may be found.
      (c) Definitions. - In this subsection - 
        (1) the term "reimbursable costs" means costs incurred by any
      service provider acting in conformity with a lawful order of the
      Federal government or in conformity with the instructions of the
      vessel operator; and
        (2) the term "service provider" means any port authority,
      facility or terminal operator, shipping agent, Federal, State, or
      local government agency, or other person to whom the management
      of the vessel at the port of supply is entrusted, for - 
          (A) services rendered to or in relation to vessel crew on
        board the vessel, or in transit to or from the vessel,
        including accommodation, detention, transportation, and medical
        expenses; and
          (B) required handling of cargo or other items on board the
        vessel.

-SOURCE-
    (Added Pub. L. 108-293, title VIII, Sec. 802(a)(2), Aug. 9, 2004,
    118 Stat. 1078, Sec. 70117; renumbered Sec. 70120 and amended Pub.
    L. 109-241, title IX, Sec. 901(l)(2), (3), July 11, 2006, 120 Stat.
    565; Pub. L. 109-304, Sec. 15(33)(B), (C), Oct. 6, 2006, 120 Stat.
    1705.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 15(33)(B), directed renumbering
    identical to that made by Pub. L. 109-241, Sec. 901(l)(2). See
    below.
      Pub. L. 109-241, Sec. 901(l)(2), renumbered section 70117 of this
    title, as added by Pub. L. 108-293, Sec. 802(a)(2), as this
    section.
      Subsec. (a). Pub. L. 109-304, Sec. 15(33)(C), directed amendment
    identical to that made by Pub. L. 109-241, Sec. 901(l)(3). See
    below.
      Pub. L. 109-241, Sec. 901(l)(3), substituted "section 70119" for
    "section 70120".

-End-



-CITE-
    46 USC Sec. 70121                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 701 - PORT SECURITY

-HEAD-
    Sec. 70121. Withholding of clearance

-STATUTE-
      (a) Refusal or Revocation of Clearance. - If any owner, agent,
    master, officer, or person in charge of a vessel is liable for a
    penalty under section 70119, or if reasonable cause exists to
    believe that the owner, agent, master, officer, or person in charge
    may be subject to a penalty under section 70119, the Secretary may,
    with respect to such vessel, refuse or revoke any clearance
    required by section 60105 of this title.
      (b) Clearance Upon Filing of Bond or Other Surety. - The
    Secretary may require the filing of a bond or other surety as a
    condition of granting clearance refused or revoked under this
    subsection.

-SOURCE-
    (Added Pub. L. 108-293, title VIII, Sec. 802(a)(2), Aug. 9, 2004,
    118 Stat. 1079, Sec. 70118; renumbered Sec. 70121 and amended Pub.
    L. 109-241, title IX, Sec. 901(l)(2), (4), July 11, 2006, 120 Stat.
    565; Pub. L. 109-304, Sec. 15(33)(B), (D), Oct. 6, 2006, 120 Stat.
    1705.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-304, Sec. 15(33)(B), directed renumbering
    identical to that made by Pub. L. 109-241, Sec. 901(l)(2). See
    below.
      Pub. L. 109-241, Sec. 901(l)(2), renumbered section 70118 of this
    title, as added by Pub. L. 108-293, Sec. 802(a)(2), as this
    section.
      Subsec. (a). Pub. L. 109-304, Sec. 15(33)(D)(ii), substituted
    "section 60105 of this title" for "section 4197 of the Revised
    Statutes of the United States (46 U.S.C. App. 91)".
      Pub. L. 109-304, Sec. 15(33)(D)(i), directed amendment identical
    to that made by Pub. L. 109-241, Sec. 901(l)(4). See below.
      Pub. L. 109-241, Sec. 901(l)(4), substituted "section 70119" for
    "section 70120".

-End-


-CITE-
    46 USC CHAPTER 703 - MARITIME SECURITY                      01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 703 - MARITIME SECURITY

-HEAD-
                      CHAPTER 703 - MARITIME SECURITY                  

-MISC1-
    Sec.                                                     
    70301.      Definitions.                                          
    70302.      International measures for seaport and vessel
                 security.                                            
    70303.      Security standards at foreign ports.                  
    70304.      Travel advisories on security at foreign ports.       
    70305.      Suspension of passenger services.                     
    70306.      Report on terrorist threats.                          

-End-



-CITE-
    46 USC Sec. 70301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 703 - MARITIME SECURITY

-HEAD-
    Sec. 70301. Definitions

-STATUTE-
      In this chapter:
        (1) Common carrier. - The term "common carrier" has the meaning
      given that term in section 40102 of this title.
        (2) Passenger vessel. - The term "passenger vessel" has the
      meaning given that term in section 2101 of this title.
        (3) Secretary. - The term "Secretary" means the Secretary of
      the department in which the Coast Guard is operating.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1683.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70301          46 App.:1807.           Pub. L. 99-399, title IX,    
                                            Sec. 911, Aug. 27, 1986, 100
                                            Stat. 892.                  
    --------------------------------------------------------------------

      In paragraph (2), the term "vessel of the United States" is
    omitted because the definition of that term in 46 U.S.C. 2101 is
    being moved to chapter 1 of the revised title and will apply
    generally throughout the title.
      In paragraph (3), the definition of "Secretary" is new. The
    functions of the Secretary of Transportation under this chapter
    were carried out by the Coast Guard, and its functions have been
    transferred to the Department of Homeland Security (except when
    operating as a service in the Navy) by section 888 of the Homeland
    Security Act of 2002 (Pub. L. 107-296, 116 Stat. 2249).

-End-



-CITE-
    46 USC Sec. 70302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 703 - MARITIME SECURITY

-HEAD-
    Sec. 70302. International measures for seaport and vessel security

-STATUTE-
      Congress encourages the President to continue to seek agreement
    on international seaport and vessel security through the
    International Maritime Organization. In developing an agreement,
    each member country of the International Maritime Organization
    should consult with appropriate private sector interests in that
    country. The agreement would establish seaport and vessel security
    measures and could include - 
        (1) seaport screening of cargo and baggage similar to that done
      at airports;
        (2) security measures to restrict access to cargo, vessels, and
      dockside property to authorized personnel only;
        (3) additional security on board vessels;
        (4) licensing or certification of compliance with appropriate
      security standards; and
        (5) other appropriate measures to prevent unlawful acts against
      passengers and crews on vessels.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1683.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70302          46 App.:1801.           Pub. L. 99-399, title IX,    
                                            Sec. 902, Aug. 27, 1986, 100
                                            Stat. 889.                  
    --------------------------------------------------------------------

      The word "vessel" is substituted for "shipboard" for consistency
    in the revised title. The words "and commends him on his efforts to
    date" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 70303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 703 - MARITIME SECURITY

-HEAD-
    Sec. 70303. Security standards at foreign ports

-STATUTE-
      (a) General Requirements. - The Secretary shall develop and
    implement a plan to assess the effectiveness of the security
    measures maintained at foreign ports that the Secretary, in
    consultation with the Secretary of State, determines pose a high
    risk of acts of terrorism against passenger vessels. In carrying
    out this subsection, the Secretary shall consult with the Secretary
    of State about the terrorist threat that exists in each country and
    poses a high risk of acts of terrorism against passenger vessels.
      (b) Notice and Recommendations to Other Countries. - If the
    Secretary, after implementing the plan under subsection (a),
    determines that a port does not maintain and administer effective
    security measures, the Secretary of State (after being informed by
    the Secretary) shall - 
        (1) notify the appropriate government authorities of the
      country in which the port is located of the determination; and
        (2) recommend steps necessary to bring the security measures at
      that port up to the standard used by the Secretary in making the
      assessment under subsection (a).

      (c) Antiterrorism Assistance. - The President is encouraged to
    provide antiterrorism assistance related to maritime security under
    chapter 8 of part II of the Foreign Assistance Act of 1961 (22
    U.S.C. 2349aa et seq.) to foreign countries, especially for a port
    that the Secretary determines under subsection (b) does not
    maintain and administer effective security measures.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1684.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70303          46 App.:1803.           Pub. L. 99-399, title IX,    
                                            Sec. 907(a), (b), (d), (e), 
                                            Aug. 27, 1986, 100 Stat. 891.
    --------------------------------------------------------------------


-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1961, referred to in subsec. (c),
    is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424. Chapter 8 of part
    II of the Act is classified generally to part VIII (Sec. 2349aa et
    seq.) of subchapter II of chapter 32 of Title 22, Foreign Relations
    and Intercourse. For complete classification of this Act to the
    Code, see Short Title note set out under section 2151 of Title 22
    and Tables.

-End-



-CITE-
    46 USC Sec. 70304                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 703 - MARITIME SECURITY

-HEAD-
    Sec. 70304. Travel advisories on security at foreign ports

-STATUTE-
      (a) General Requirements. - On being notified by the Secretary
    that the Secretary has determined that a condition exists that
    threatens the safety or security of passengers, passenger vessels,
    or crew traveling to or from a foreign port that the Secretary has
    determined under section 70303(b) of this title does not maintain
    and administer effective security measures, the Secretary of State
    immediately shall issue a travel advisory for that port. The
    Secretary of State shall take the necessary steps to widely
    publicize the travel advisory.
      (b) Lifting Advisories. - A travel advisory issued under
    subsection (a) may be lifted only if the Secretary, in consultation
    with the Secretary of State, has determined that effective security
    measures are maintained and administered at the port.
      (c) Notice to Congress. - The Secretary of State shall notify
    Congress immediately of any change in the status of a travel
    advisory issued under this section.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1684.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70304          46 App.:1804.           Pub. L. 99-399, title IX,    
                                            Sec. 908, Aug. 27, 1986, 100
                                            Stat. 891; Pub. L. 105-277, 
                                            div. G, title XXII, Sec.    
                                            2224(b), Oct. 21, 1998, 112 
                                            Stat. 2681-819.             
    --------------------------------------------------------------------

      In subsection (b), the words "with respect to which the Secretary
    of Transportation had made the determination described in section
    1803(d) of this Appendix" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 70305                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 703 - MARITIME SECURITY

-HEAD-
    Sec. 70305. Suspension of passenger services

-STATUTE-
      (a) General Authority. - Whenever the President determines that a
    foreign nation permits the use of territory under its jurisdiction
    as a base of operations or training for, or as a sanctuary for, or
    in any way arms, aids, or abets, a terrorist or terrorist group
    that knowingly uses the illegal seizure of passenger vessels or the
    threat thereof as an instrument of policy, the President may
    suspend the right of any passenger vessel common carrier to operate
    to or from, and the right of any passenger vessel of the United
    States to use, a port in that foreign nation for passenger service.
    The suspension may be without notice or hearing and for as long as
    the President determines is necessary to ensure the security of
    passenger vessels against unlawful seizure.
      (b) Prohibition. - A passenger vessel common carrier, or a
    passenger vessel of the United States, may not operate in violation
    of a suspension under this section.
      (c) Penalties. - 
        (1) Denial of entry. - If a person operates a vessel in
      violation of this section, the Secretary may deny the vessels of
      that person entry to ports of the United States.
        (2) Civil penalty. - A person violating this section is liable
      to the United States Government for a civil penalty of not more
      than $50,000. Each day a vessel uses a prohibited port is a
      separate violation.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1684.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70305          46 App.:1805.           Pub. L. 99-399, title IX,    
                                            Sec. 909, Aug. 27, 1986, 100
                                            Stat. 892.                  
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 70306                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 703 - MARITIME SECURITY

-HEAD-
    Sec. 70306. Report on terrorist threats

-STATUTE-
      (a) Content. - Not later than February 28 of each year, the
    Secretary shall submit a report to Congress on the threat from acts
    of terrorism to United States ports and vessels operating from
    those ports. The Secretary shall include a description of
    activities undertaken under title I of the Maritime Transportation
    Security Act of 2002 (Public Law 107-295, 116 Stat. 2066) and an
    analysis of the effect of those activities on port security against
    acts of terrorism.
      (b) Submission. - The report shall be submitted to the Committee
    on International Relations and the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Foreign Relations and the Committee on Commerce, Science, and
    Transportation of the Senate. Any classified information in the
    report shall be submitted separately as an addendum.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1685; Pub. L.
    109-241, title IX, Sec. 901(q), July 11, 2006, 120 Stat. 566.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      Subsection (a) of this section was derived from section 1802 of
    the former Appendix to this title, which was amended by Pub. L. 109-
    241, title IX, Sec. 901(q), July 11, 2006, 120 Stat. 566. For
    applicability of that amendment to this section, see section 18(a)
    of Pub. L. 109-304, set out as a Legislative Purpose and
    Construction note preceding section 101 of this title. Section 1802
    of the former Appendix to this title was amended by striking "Not
    later than February 28, 1987, and annually thereafter, the
    Secretary of Transportation shall report" and inserting "The
    Secretary of the department in which the Coast Guard is operating
    shall report annually".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70306(a)       46 App.:1802.           Pub. L. 99-399, title IX,    
                                            Secs. 905, 913, Aug. 27,    
                                            1986, 100 Stat. 890, 892;   
                                            Pub. L. 107-295, title I,   
                                            Sec. 110(a), title IV, Sec. 
                                            408(c)(3), Nov. 25, 2002,   
                                            116 Stat. 2091, 2117.       
    70306(b)       46 App.:1809.                                        
    --------------------------------------------------------------------

      In subsection (a), the words "February 28 of each year" are
    substituted for "February 28, 1987, and annually thereafter" in 46
    App. U.S.C. 1802 to eliminate obsolete language. The words
    "Beginning with the first report submitted under this section after
    the date of enactment of the Maritime Transportation Security Act
    of 2002" are omitted as obsolete.
      In subsection (b), the words "To the extent practicable, the
    reports required under sections 903, 905, and 907 [46 App. U.S.C.
    1801 note, 1802, 1803] shall be consolidated into a single document
    before being submitted to the Congress" in 46 App. U.S.C. 1809(a)
    are omitted as unnecessary and obsolete because sections 903 and
    907 are being omitted from the revised title and repealed as
    obsolete. The words "Committee on International Relations" are
    substituted for "Committee on Foreign Affairs" to reflect changes
    in committee structure made by the 104th Congress.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Maritime Transportation Security Act of 2002, referred to in
    subsec. (a), is Pub. L. 107-295, Nov. 25, 2002, 116 Stat. 2064.
    Title I of the Act enacted subtitle VI (now subtitle VII) of this
    title, amended section 1802 of the former Appendix to this title,
    sections 661 and 724 of Title 14, Coast Guard, section 1431a of
    Title 19, Customs Duties, sections 1226, 1501 to 1504, 1507, and
    1520 of Title 33, Navigation and Navigable Waters, and sections 192
    and 195 of Title 50, War and National Defense, enacted provisions
    set out as notes under sections 70101, 70103, 70104, 70111, 70114,
    and 70116 of this title and sections 1226 and 1504 of Title 33,
    amended provisions set out as a note under section 2071 of Title
    19, and repealed provisions set out as a note under section 2071 of
    Title 19. For complete classification of title I to the Code, see
    Tables.

-End-


-CITE-
    46 USC CHAPTER 705 - MARITIME DRUG LAW ENFORCEMENT          01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 705 - MARITIME DRUG LAW ENFORCEMENT

-HEAD-
                CHAPTER 705 - MARITIME DRUG LAW ENFORCEMENT            

-MISC1-
    Sec.                                                     
    70501.      Findings and declarations.                            
    70502.      Definitions.                                          
    70503.      Manufacture, distribution, or possession of controlled
                 substances on vessels.                               
    70504.      Jurisdiction and venue.                               
    70505.      Failure to comply with international law as a defense.
    70506.      Penalties.                                            
    70507.      Forfeitures.                                          

-End-



-CITE-
    46 USC Sec. 70501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 705 - MARITIME DRUG LAW ENFORCEMENT

-HEAD-
    Sec. 70501. Findings and declarations

-STATUTE-
      Congress finds and declares that trafficking in controlled
    substances aboard vessels is a serious international problem, is
    universally condemned, and presents a specific threat to the
    security and societal well-being of the United States.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1685.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70501          46 App.:1902.           Pub. L. 96-350, Sec. 2,      
                                            Sept. 15, 1980, 94 Stat.    
                                            1160; Pub. L. 99-307, Sec.  
                                            7, May 19, 1986, 100 Stat.  
                                            447; Pub. L. 99-570, title  
                                            III, Sec. 3202, Oct. 27,    
                                            1986, 100 Stat. 3207-95;    
                                            Pub. L. 99-640, Sec. 17,    
                                            Nov. 10, 1986, 100 Stat.    
                                            3552.                       
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 70502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 705 - MARITIME DRUG LAW ENFORCEMENT

-HEAD-
    Sec. 70502. Definitions

-STATUTE-
      (a) Application of Other Definitions. - The definitions in
    section 102 of the Comprehensive Drug Abuse Prevention and Control
    Act of 1970 (21 U.S.C. 802) apply to this chapter.
      (b) Vessel of the United States. - In this chapter, the term
    "vessel of the United States" means - 
        (1) a vessel documented under chapter 121 of this title or
      numbered as provided in chapter 123 of this title;
        (2) a vessel owned in any part by an individual who is a
      citizen of the United States, the United States Government, the
      government of a State or political subdivision of a State, or a
      corporation incorporated under the laws of the United States or
      of a State, unless - 
          (A) the vessel has been granted the nationality of a foreign
        nation under article 5 of the 1958 Convention on the High Seas;
        and
          (B) a claim of nationality or registry for the vessel is made
        by the master or individual in charge at the time of the
        enforcement action by an officer or employee of the United
        States who is authorized to enforce applicable provisions of
        United States law; and

        (3) a vessel that was once documented under the laws of the
      United States and, in violation of the laws of the United States,
      was sold to a person not a citizen of the United States, placed
      under foreign registry, or operated under the authority of a
      foreign nation, whether or not the vessel has been granted the
      nationality of a foreign nation.

      (c) Vessel Subject to the Jurisdiction of the United States. - 
        (1) In general. - In this chapter, the term "vessel subject to
      the jurisdiction of the United States" includes - 
          (A) a vessel without nationality;
          (B) a vessel assimilated to a vessel without nationality
        under paragraph (2) of article 6 of the 1958 Convention on the
        High Seas;
          (C) a vessel registered in a foreign nation if that nation
        has consented or waived objection to the enforcement of United
        States law by the United States;
          (D) a vessel in the customs waters of the United States;
          (E) a vessel in the territorial waters of a foreign nation if
        the nation consents to the enforcement of United States law by
        the United States; and
          (F) a vessel in the contiguous zone of the United States, as
        defined in Presidential Proclamation 7219 of September 2, 1999
        (43 U.S.C. 1331 note), that - 
            (i) is entering the United States;
            (ii) has departed the United States; or
            (iii) is a hovering vessel as defined in section 401 of the
          Tariff Act of 1930 (19 U.S.C. 1401).

        (2) Consent or waiver of objection. - Consent or waiver of
      objection by a foreign nation to the enforcement of United States
      law by the United States under paragraph (1)(C) or (E) - 
          (A) may be obtained by radio, telephone, or similar oral or
        electronic means; and
          (B) is proved conclusively by certification of the Secretary
        of State or the Secretary's designee.

      (d) Vessel Without Nationality. - 
        (1) In general. - In this chapter, the term "vessel without
      nationality" includes - 
          (A) a vessel aboard which the master or individual in charge
        makes a claim of registry that is denied by the nation whose
        registry is claimed;
          (B) a vessel aboard which the master or individual in charge
        fails, on request of an officer of the United States authorized
        to enforce applicable provisions of United States law, to make
        a claim of nationality or registry for that vessel; and
          (C) a vessel aboard which the master or individual in charge
        makes a claim of registry and for which the claimed nation of
        registry does not affirmatively and unequivocally assert that
        the vessel is of its nationality.

        (2) Verification or denial. - A claim of registry under
      paragraph (1)(A) or (C) may be verified or denied by radio,
      telephone, or similar oral or electronic means. The denial of
      such a claim is proved conclusively by certification of the
      Secretary of State or the Secretary's designee.

      (e) Claim of Nationality or Registry. - A claim of nationality or
    registry under this section includes only - 
        (1) possession on board the vessel and production of documents
      evidencing the vessel's nationality as provided in article 5 of
      the 1958 Convention on the High Seas;
        (2) flying its nation's ensign or flag; or
        (3) a verbal claim of nationality or registry by the master or
      individual in charge of the vessel.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1685; Pub. L.
    109-241, title III, Sec. 303, July 11, 2006, 120 Stat. 527.)


-STATAMEND-
                        AMENDMENT NOT SHOWN IN TEXT                    
      Subsection (d) of this section was derived from section
    1903(c)(2) of the former Appendix to this title, which was amended
    by Pub. L. 109-241, title III, Sec. 303, July 11, 2006, 120 Stat.
    527. For applicability of that amendment to this section, see
    section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose
    and Construction note preceding section 101 of this title. Section
    1903(c)(2) of the former Appendix to this title was amended by
    striking the last two sentences and inserting the following: "The
    response of a foreign nation to a claim of registry under
    subparagraph (A) or (C) [now subpar. (A) or (C) of par. (1) of
    subsec. (d) of this section] may be made by radio, telephone, or
    similar oral or electronic means, and is conclusively proved by
    certification of the Secretary of State or the Secretary's
    designee."



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70502(a)       46 App.:1903(i).        Pub. L. 96-350, Sec. 3(b),   
                                            (c), (i), Sept. 15, 1980, 94
                                            Stat. 1160; Pub. L. 99-570, 
                                            title III, Sec. 3202, Oct.  
                                            27, 1986, 100 Stat. 3207-95,
                                            3207-97; Pub. L. 99-640,    
                                            Sec. 17, Nov. 10, 1986, 100 
                                            Stat. 3552, 3554; Pub. L.   
                                            100-690, title VII, Sec.    
                                            7402(b), Nov. 18, 1988, 102 
                                            Stat. 4483; Pub. L. 104-324,
                                            Sec. 1138(a)(1)-(3), (b),   
                                            Oct. 19, 1996, 110 Stat.    
                                            3988, 3989; Pub. L. 107-295,
                                            title IV, Sec. 418(a), Nov. 
                                            25, 2002, 116 Stat. 2123.   
    70502(b)       46 App.:1903(b).                                     
    70502(c)       46 App.:1903(c)(1).                                  
    70502(d)       46 App.:1903(c)(2).                                  
    70502(e)       46 App.:1903(c)(3).                                  
    --------------------------------------------------------------------

      In subsection (b)(2), before subparagraph (A), the words
    "individual who is a citizen of the United States" are substituted
    for "a citizen or national of the United States" because of the
    definition of "citizen of the United States" in chapter 1 of the
    revised title. The words "or a territory, commonwealth, or
    possession of the United States" and "the District of Columbia, or
    any territory, commonwealth, or possession of the United States"
    are omitted as unnecessary because of the definition of "State" in
    chapter 1 of the revised title.
      In subsection (b)(3), the words "placed under foreign registry,
    or operated under the authority of a foreign nation" are
    substituted for "placed under foreign registry or foreign flag"
    because of the definition of "foreign vessel" in chapter 1 of the
    revised title.
      In subsection (d)(1)(B), the word "authorized" is substituted for
    "empowered" for consistency with subsection (b)(2)(B).

-End-



-CITE-
    46 USC Sec. 70503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 705 - MARITIME DRUG LAW ENFORCEMENT

-HEAD-
    Sec. 70503. Manufacture, distribution, or possession of controlled
      substances on vessels

-STATUTE-
      (a) Prohibitions. - An individual may not knowingly or
    intentionally manufacture or distribute, or possess with intent to
    manufacture or distribute, a controlled substance on board - 
        (1) a vessel of the United States or a vessel subject to the
      jurisdiction of the United States; or
        (2) any vessel if the individual is a citizen of the United
      States or a resident alien of the United States.

      (b) Extension Beyond Territorial Jurisdiction. - Subsection (a)
    applies even though the act is committed outside the territorial
    jurisdiction of the United States.
      (c) Nonapplication. - 
        (1) In general. - Subject to paragraph (2), subsection (a) does
      not apply to - 
          (A) a common or contract carrier or an employee of the
        carrier who possesses or distributes a controlled substance in
        the lawful and usual course of the carrier's business; or
          (B) a public vessel of the United States or an individual on
        board the vessel who possesses or distributes a controlled
        substance in the lawful course of the individual's duties.

        (2) Entered in manifest. - Paragraph (1) applies only if the
      controlled substance is part of the cargo entered in the vessel's
      manifest and is intended to be imported lawfully into the country
      of destination for scientific, medical, or other lawful purposes.

      (d) Burden of Proof. - The United States Government is not
    required to negative a defense provided by subsection (c) in a
    complaint, information, indictment, or other pleading or in a trial
    or other proceeding. The burden of going forward with the evidence
    supporting the defense is on the person claiming its benefit.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1687.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70503(a)       46 App.:1903(a).        Pub. L. 96-350, Sec. 3(a),   
                                            (e), (h), Sept. 15, 1980, 94
                                            Stat. 1160; Pub. L. 99-570, 
                                            title III, Sec. 3202, Oct.  
                                            27, 1986, 100 Stat. 3207-95,
                                            3207-96, 3207-97; Pub. L.   
                                            99-640, Sec. 17, Nov. 10,   
                                            1986, 100 Stat. 3552, 3554; 
                                            Pub. L. 100-690, title VII, 
                                            Sec. 7402(a), Nov. 18, 1988,
                                            102 Stat. 4483.             
    70503(b)       46 App.:1903(h).                                     
    70503(c)       46 App.:1903(e)                                      
                    (1st sentence).                                     
    70503(d)       46 App.:1903(e)                                      
                    (last sentence).                                    
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the words "may not" are
    substituted for "It is unlawful for" for consistency in the revised
    title and to eliminate unnecessary words.
      In subsection (b), the words "applies to" are substituted for "is
    intended to reach" for clarity and to eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 70504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 705 - MARITIME DRUG LAW ENFORCEMENT

-HEAD-
    Sec. 70504. Jurisdiction and venue

-STATUTE-
      (a) Jurisdiction. - Jurisdiction of the United States with
    respect to a vessel subject to this chapter is not an element of an
    offense. Jurisdictional issues arising under this chapter are
    preliminary questions of law to be determined solely by the trial
    judge.
      (b) Venue. - A person violating section 70503 of this title shall
    be tried in the district court of the United States for - 
        (1) the district at which the person enters the United States;
      or
        (2) the District of Columbia.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1688.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70504          46 App.:1903(f).        Pub. L. 96-350, Sec. 3(f),   
                                            Sept. 15, 1980, 94 Stat.    
                                            1160; Pub. L. 99-570, title 
                                            III, Sec. 3202, Oct. 27,    
                                            1986, 100 Stat. 3207-97;    
                                            Pub. L. 99-640, Sec. 17,    
                                            Nov. 10, 1986, 100 Stat.    
                                            3554; Pub. L. 104-324, Sec. 
                                            1138(a)(5), Oct. 19, 1996,  
                                            110 Stat. 3989.             
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 70505                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 705 - MARITIME DRUG LAW ENFORCEMENT

-HEAD-
    Sec. 70505. Failure to comply with international law as a defense

-STATUTE-
      A person charged with violating section 70503 of this title does
    not have standing to raise a claim of failure to comply with
    international law as a basis for a defense. A claim of failure to
    comply with international law in the enforcement of this chapter
    may be made only by a foreign nation. A failure to comply with
    international law does not divest a court of jurisdiction and is
    not a defense to a proceeding under this chapter.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1688.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70505          46 App.:1903(d).        Pub. L. 96-350, Sec. 3(d),   
                                            Sept. 15, 1980, 94 Stat.    
                                            1160; Pub. L. 99-570, title 
                                            III, Sec. 3202, Oct. 27,    
                                            1986, 100 Stat. 3207-96;    
                                            Pub. L. 99-640, Sec. 17,    
                                            Nov. 10, 1986, 100 Stat.    
                                            3553; Pub. L. 104-324, Sec. 
                                            1138(a)(4), Oct. 19, 1996,  
                                            110 Stat. 3989.             
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 70506                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 705 - MARITIME DRUG LAW ENFORCEMENT

-HEAD-
    Sec. 70506. Penalties

-STATUTE-
      (a) Violations. - A person violating section 70503 of this title
    shall be punished as provided in section 1010 of the Comprehensive
    Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 960).
    However, if the offense is a second or subsequent offense as
    provided in section 1012(b) of that Act (21 U.S.C. 962(b)), the
    person shall be punished as provided in section 1012 of that Act
    (21 U.S.C. 962).
      (b) Attempts and Conspiracies. - A person attempting or
    conspiring to violate section 70503 of this title is subject to the
    same penalties as provided for violating section 70503.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1688.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70506(a)       46 App.:1903(g).        Pub. L. 96-350, Sec. 3(g),   
                                            (j), Sept. 15, 1980, 94     
                                            Stat. 1160; Pub. L. 99-570, 
                                            title III, Sec. 3202, Oct.  
                                            27, 1986, 100 Stat. 3207-97;
                                            Pub. L. 99-640, Sec. 17,    
                                            Nov. 10, 1986, 100 Stat.    
                                            3554; Pub. L. 101-647, title
                                            XII, Sec. 1203, Nov. 29,    
                                            1990, 104 Stat. 4830.       
    70506(b)       46 App.:1903(j).                                     
    --------------------------------------------------------------------

      In subsection (b), the words "the commission of which was the
    object of the attempt or conspiracy" are omitted as unnecessary.

-End-



-CITE-
    46 USC Sec. 70507                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 705 - MARITIME DRUG LAW ENFORCEMENT

-HEAD-
    Sec. 70507. Forfeitures

-STATUTE-
      (a) In General. - Property described in section 511(a) of the
    Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
    U.S.C. 881(a)) that is used or intended for use to commit, or to
    facilitate the commission of, an offense under section 70503 of
    this title may be seized and forfeited in the same manner that
    similar property may be seized and forfeited under section 511 of
    that Act (21 U.S.C. 881).
      (b) Prima Facie Evidence of Violation. - Practices commonly
    recognized as smuggling tactics may provide prima facie evidence of
    intent to use a vessel to commit, or to facilitate the commission
    of, an offense under section 70503 of this title, and may support
    seizure and forfeiture of the vessel, even in the absence of
    controlled substances aboard the vessel. The following indicia,
    among others, may be considered, in the totality of the
    circumstances, to be prima facie evidence that a vessel is intended
    to be used to commit, or to facilitate the commission of, such an
    offense:
        (1) The construction or adaptation of the vessel in a manner
      that facilitates smuggling, including - 
          (A) the configuration of the vessel to ride low in the water
        or present a low hull profile to avoid being detected visually
        or by radar;
          (B) the presence of any compartment or equipment that is
        built or fitted out for smuggling, not including items such as
        a safe or lock-box reasonably used for the storage of personal
        valuables;
          (C) the presence of an auxiliary tank not installed in
        accordance with applicable law or installed in such a manner as
        to enhance the vessel's smuggling capability;
          (D) the presence of engines that are excessively over-powered
        in relation to the design and size of the vessel;
          (E) the presence of materials used to reduce or alter the
        heat or radar signature of the vessel and avoid detection;
          (F) the presence of a camouflaging paint scheme, or of
        materials used to camouflage the vessel, to avoid detection; or
          (G) the display of false vessel registration numbers, false
        indicia of vessel nationality, false vessel name, or false
        vessel homeport.

        (2) The presence or absence of equipment, personnel, or cargo
      inconsistent with the type or declared purpose of the vessel.
        (3) The presence of excessive fuel, lube oil, food, water, or
      spare parts, inconsistent with legitimate vessel operation,
      inconsistent with the construction or equipment of the vessel, or
      inconsistent with the character of the vessel's stated purpose.
        (4) The operation of the vessel without lights during times
      lights are required to be displayed under applicable law or
      regulation and in a manner of navigation consistent with
      smuggling tactics used to avoid detection by law enforcement
      authorities.
        (5) The failure of the vessel to stop or respond or heave to
      when hailed by government authority, especially where the vessel
      conducts evasive maneuvering when hailed.
        (6) The declaration to government authority of apparently false
      information about the vessel, crew, or voyage or the failure to
      identify the vessel by name or country of registration when
      requested to do so by government authority.
        (7) The presence of controlled substance residue on the vessel,
      on an item aboard the vessel, or on an individual aboard the
      vessel, of a quantity or other nature that reasonably indicates
      manufacturing or distribution activity.
        (8) The use of petroleum products or other substances on the
      vessel to foil the detection of controlled substance residue.
        (9) The presence of a controlled substance in the water in the
      vicinity of the vessel, where given the currents, weather
      conditions, and course and speed of the vessel, the quantity or
      other nature is such that it reasonably indicates manufacturing
      or distribution activity.

-SOURCE-
    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1688.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    70507          46 App.:1904.           Pub. L. 96-350, Sec. 4,      
                                            Sept. 15, 1980, 94 Stat.    
                                            1160; Pub. L. 99-570, title 
                                            III, Sec. 3202, Oct. 27,    
                                            1986, 100 Stat. 3207-97;    
                                            Pub. L. 99-640, Sec. 17,    
                                            Nov. 10, 1986, 100 Stat.    
                                            3554; Pub. L. 107-295, title
                                            IV, Sec. 418(b), Nov. 25,   
                                            2002, 116 Stat. 2123.       
    --------------------------------------------------------------------


-End-


-CITE-
    46 USC Subtitle VIII - Miscellaneous                        01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous

-HEAD-
    Subtitle VIII - Miscellaneous

-MISC1-
    Chapter                                                          Sec.
    801.    Wrecks and Salvage                                     80101
    803.    Ice and Derelicts                                      80301
    805.    Safe Containers for International Cargo                80501

-End-


-CITE-
    46 USC CHAPTER 801 - WRECKS AND SALVAGE                     01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 801 - WRECKS AND SALVAGE

-HEAD-
                     CHAPTER 801 - WRECKS AND SALVAGE                 

-MISC1-
    Sec.                                                     
    80101.      Vessel stranded on foreign coast.                     
    80102.      License to salvage on Florida coast.                  
    80103.      Property on Florida coast to be taken to port of
                 entry.                                               
    80104.      Salvaging operations by foreign vessels.              
    80105.      Canadian vessels aiding vessels in United States
                 waters.                                              
    80106.      International agreement on derelicts.                 
    80107.      Salvors of life to share in remuneration.             

-End-



-CITE-
    46 USC Sec. 80101                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 801 - WRECKS AND SALVAGE

-HEAD-
    Sec. 80101. Vessel stranded on foreign coast

-STATUTE-
      (a) Duties of Consular Officer. - When a vessel of the United
    States is stranded on a coast of a foreign country, the consular
    officer in that country shall take proper measures, to the extent
    the laws of that country allow, to - 
        (1) save and secure the vessel and property on the vessel; and
        (2) prepare an inventory of the property that is saved.

      (b) Delivery to Owner. - After deducting the expenses, the
    consular officer shall deliver the property, with an inventory, to
    the owner of the property.
      (c) Limitation on Taking Possession. - A consular officer may not
    take possession of property under this section when the owner,
    master, or consignee is present or able to take possession of the
    property.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1690.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80101          46 App.:721.            R.S. Sec. 4238.              
    --------------------------------------------------------------------

      In this section, the words "consular officer" are substituted for
    "Consuls and vice consuls" and "consul or vice consul" for
    consistency in the revised title.
      Subsection (a)(1) is substituted for "as well for the purpose of
    saving the vessels, their cargoes and appurtenances, as for storing
    and securing the effects and merchandise saved" to eliminate
    unnecessary words.

-End-



-CITE-
    46 USC Sec. 80102                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 801 - WRECKS AND SALVAGE

-HEAD-
    Sec. 80102. License to salvage on Florida coast

-STATUTE-
      (a) Licensing Requirements. - To be regularly employed in the
    business of salvaging on the coast of Florida, a vessel and its
    master each must have a license issued by a judge of the district
    court of the United States for a judicial district of Florida.
      (b) Judicial Findings. - Before issuing a license under this
    section, the judge must be satisfied, when the license is for - 
        (1) a vessel, that the vessel is seaworthy and properly
      equipped for the business of saving property shipwrecked and in
      distress; or
        (2) a master, that the master is trustworthy and innocent of
      any fraud or misconduct related to property shipwrecked or saved
      on the coast.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1690.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80102          46 App.:724.            R.S. Sec. 4241.              
    --------------------------------------------------------------------

      In subsection (a), the words "the district court of the United
    States for a judicial district of Florida" are substituted for "the
    district court for the district of Florida" because Florida now has
    more than one judicial district.
      In subsection (b)(1), the words "properly equipped" are
    substituted for "properly and sufficiently fitted and equipped" to
    eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 80103                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 801 - WRECKS AND SALVAGE

-HEAD-
    Sec. 80103. Property on Florida coast to be taken to port of entry

-STATUTE-
      (a) In General. - Property taken from a wreck, the sea, or a key
    or shoal, on the coast of Florida and within the jurisdiction of
    the United States, shall be brought to a port of entry of the
    United States.
      (b) Seizure and Forfeiture. - A vessel transporting property
    described in subsection (a) to a foreign port may be seized by, and
    forfeited to, the United States Government. A forfeiture under this
    subsection accrues half to the informer and half to the Government.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1690.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80103          46 App.:722.            R.S. Sec. 4239.              
                   46 App.:723.            R.S. Sec. 4240.              
    --------------------------------------------------------------------

      In subsection (a), the words "of any description whatsoever" are
    omitted as unnecessary.
      In subsection (b), the words "transporting property described in
    subsection (a) of this section" are substituted for "which shall be
    engaged or employed in carrying or transporting any property
    whatsoever, taken from any wreck, from the sea, or from any of the
    keys or shoals, within the jurisdiction of the United States, on
    the coast of Florida" to eliminate unnecessary words. The words
    "may be seized by, and forfeited to, the United States Government"
    are substituted for "shall . . . be forfeited" for consistency in
    the revised title. The words "together with her tackle, apparel,
    and furniture" are omitted as unnecessary. The words "accrues half
    to the informer and half to the Government" are substituted for
    "one moiety to the informer and the other to the United States" to
    use more commonly understood language.

-End-



-CITE-
    46 USC Sec. 80104                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 801 - WRECKS AND SALVAGE

-HEAD-
    Sec. 80104. Salvaging operations by foreign vessels

-STATUTE-
      (a) Prohibition. - Except as provided in this section or section
    80105 of this title, a foreign vessel may not, under penalty of
    forfeiture, engage in salvaging operations on the Atlantic or
    Pacific coast of the United States, in any portion of the Great
    Lakes or their connecting or tributary waters, including any
    portion of the Saint Lawrence River through which the international
    boundary line extends, or in territorial waters of the United
    States on the Gulf of Mexico.
      (b) When Suitable Vessel Not Available. - The Secretary of
    Homeland Security may authorize a foreign vessel to engage in
    salvaging operations in a particular locality if, on investigation,
    the Secretary is satisfied that there is not available in that
    locality a suitable vessel that is - 
        (1) owned only by citizens of the United States (including a
      Bowaters corporation under section 12118 of this title); and
        (2) documented under chapter 121 of this title or numbered
      under chapter 123 of this title.

      (c) Operations Authorized by Treaty. - This section does not
    prohibit or restrict assistance to vessels or salvaging operations
    authorized by treaty, including - 
        (1) article II of the Treaty between the United States and
      Great Britain concerning reciprocal rights for United States and
      Canada in the conveyance of prisoners and wrecking and salvage,
      signed at Washington, May 18, 1908 (35 Stat. 2036); or
        (2) the Treaty between the United States of America and Mexico
      to facilitate assistance to and salvage of vessels in territorial
      waters, signed at Mexico City, June 13, 1935 (49 Stat. 3359).

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1691.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80104(a)       46 App.:316(d)          R.S. Sec. 4370(d), (e); June 
                    (words before           11, 1940, ch. 324, 54 Stat. 
                    proviso).               305.                        
    80104(b)       46 App.:316(d)                                       
                    (proviso).                                          
    80104(c)       46 App.:316(e).                                      
    --------------------------------------------------------------------

      In subsection (a), the words "authorized by a treaty" are omitted
    because they are restated in subsection (c).
      In subsection (b), before paragraph (1), the Secretary of
    Homeland Security is substituted for the Commissioner of Customs
    because the functions of the Customs Service and of the Secretary
    of the Treasury relating thereto were transferred to the Secretary
    of Homeland Security by section 403(1) of the Homeland Security Act
    of 2002 (Pub. L. 107-296, 116 Stat. 2178). The functions of the
    Commissioner of Customs previously were vested in the Secretary of
    the Treasury under section 321(c) of title 31. For prior related
    transfers of functions, see the transfer of functions note under 46
    App. U.S.C. 316. The words "and no penalty shall be incurred for
    such authorized use" are omitted as unnecessary.
      In subsection (b)(1), the words "(including a Bowaters
    corporation under section 12118 of this title)" are added because
    the source for section 12118 (46 App. U.S.C. 883-1) provides that a
    corporation meeting the requirements of that section is also a
    citizen of the United States under 46 App. U.S.C. 316, restated in
    part in this section.
      Subsection (b)(2) is substituted for "documented under the laws
    of the United States or numbered pursuant to the Act of June 7,
    1918, as amended (46 U.S.C. 288)" to refer to the current
    provisions on documentation and numbering.
      In subsection (c), the words "authorized by treaty, including"
    are added because the words "authorized by a treaty" are omitted
    from subsection (a).

-End-



-CITE-
    46 USC Sec. 80105                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 801 - WRECKS AND SALVAGE

-HEAD-
    Sec. 80105. Canadian vessels aiding vessels in United States waters

-STATUTE-
      (a) In General. - Canadian vessels and wrecking equipment may
    give aid to Canadian or other vessels and property wrecked,
    disabled, or in distress in the waters of the United States
    contiguous to Canada, including - 
        (1) the canal and improvement of the waters between Lake Erie
      and Lake Huron; and
        (2) the Saint Marys River and canal.

      (b) Reciprocity. - This section does not apply after the
    President proclaims that privileges reciprocal to those under
    subsection (a) have been withdrawn or rendered inoperative by the
    Government of Canada.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1691.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80105          46 App.:725.            June 19, 1878, ch. 324, 20   
                                            Stat. 175; May 24, 1890, ch.
                                            292, 26 Stat. 120; Mar. 3,  
                                            1893, ch. 211, Sec. 1 (last 
                                            par. under heading          
                                            "Department of State"), 27  
                                            Stat. 683.                  
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the word "equipment" is
    substituted for "appurtenance" to use more commonly understood
    language. The words "and assistance" are omitted as unnecessary.
      Subsection (b) is substituted for "this section shall cease to be
    in force and effect from and after the date of the proclamation of
    the President of the United States to the effect that said
    reciprocol privilege has been withdrawn, revoked, or rendered
    inoperative by the said Government of the Dominion of Canada" to
    eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 80106                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 801 - WRECKS AND SALVAGE

-HEAD-
    Sec. 80106. International agreement on derelicts

-STATUTE-
      The President may make an international agreement with other
    governments interested in the navigation of the North Atlantic
    Ocean, providing for the reporting, marking, and removal of
    dangerous wrecks, derelicts, and other menaces to navigation
    outside the coast waters of the countries bordering the North
    Atlantic Ocean.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1691.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80106          46 App.:726.            Oct. 31, 1893, No. 13, 28    
                                            Stat. 13.                   
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 80107                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 801 - WRECKS AND SALVAGE

-HEAD-
    Sec. 80107. Salvors of life to share in remuneration

-STATUTE-
      (a) Entitlement of Salvors. - A salvor of human life, who gave
    aid following an accident giving rise to salvage, is entitled to a
    fair share of the payment awarded to the salvor for salvaging the
    vessel or other property or preventing or minimizing damage to the
    environment.
      (b) Common Ownership of Vessels. - The right to remuneration for
    aid or salvage services is not affected by common ownership of the
    vessels giving and receiving the aid or salvage services.
      (c) Time Limit on Bringing Actions. - A civil action to recover
    remuneration for giving aid or salvage services must be brought
    within 2 years after the date the aid or salvage services were
    given, unless the court in which the action is brought is satisfied
    that during that 2-year period there had not been a reasonable
    opportunity to seize the aided or salvaged vessel within the
    jurisdiction of the court or within the territorial waters of the
    country of the plaintiff's residence or principal place of
    business.
      (d) Nonapplication. - This section does not apply to a vessel of
    war or a vessel owned by the United States Government appropriated
    only to a public service.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1691.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80107(a)       46 App.:729.            Aug. 1, 1912, ch. 268, Secs. 
                                            1, 3-5, 37 Stat. 242; Pub.  
                                            L. 102-241, Sec. 40, Dec.   
                                            19, 1991, 105 Stat. 2225.   
    80107(b)       46 App.:727.                                         
    80107(c)       46 App.:730.                                         
    80107(d)       46 App.:731.                                         
    --------------------------------------------------------------------

      In subsection (c), the words "civil action" are substituted for
    "suit", the words "must be brought within 2 years after" are
    substituted for "shall not be maintainable if brought later than
    two years from", and the word "seize" is substituted for
    "arresting", for consistency in the revised title. The words "of
    the plaintiff's residence or principal place of business" are
    substituted for "in which the libelant resides or has his principal
    place of business" for consistency and to eliminate unnecessary
    words.
      In subsectoin [sic] (d), the reference to section 2304 of title
    46 is omitted because of the amendment to section 2304 in section
    14(8) of the bill.

-End-


-CITE-
    46 USC CHAPTER 803 - ICE AND DERELICTS                      01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 803 - ICE AND DERELICTS

-HEAD-
                      CHAPTER 803 - ICE AND DERELICTS                  

-MISC1-
    Sec.                                                     
    80301.      International agreements.                             
    80302.      Patrol services.                                      
    80303.      Speed of vessel in ice region.                        

-End-



-CITE-
    46 USC Sec. 80301                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 803 - ICE AND DERELICTS

-HEAD-
    Sec. 80301. International agreements

-STATUTE-
      (a) General Authority. - The President may make agreements with
    interested maritime countries to - 
        (1) maintain in the North Atlantic Ocean a service of ice
      patrol, of study and observation of ice and current conditions,
      and of assistance to vessels and their crews requiring assistance
      within the limits of the patrol;
        (2) maintain a service of study and observation of ice and
      current conditions in the waters affecting the set and drift of
      ice in the North Atlantic Ocean; and
        (3) take all practicable steps to ensure the destruction or
      removal of derelicts in the northern part of the Atlantic Ocean,
      east of the line drawn from Cape Sable to a point in latitude 34
      degrees north, longitude 70 degrees west, if the destruction or
      removal is necessary.

      (b) Payment Between Countries. - The President may include in an
    agreement under subsection (a) a provision for - 
        (1) payment to the United States Government by other countries
      for their proportionate share of the expense of maintaining the
      services; or
        (2) contribution by the Government for its proportionate share
      if the agreement provides for another country to maintain the
      services.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1692.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80301          46 App.:738.            June 25, 1936, ch. 807, Sec. 
                                            1, 49 Stat. 1922.           
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 80302                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 803 - ICE AND DERELICTS

-HEAD-
    Sec. 80302. Patrol services

-STATUTE-
      (a) General Requirements. - Unless the agreements made under
    section 80301 of this title provide otherwise, an ice patrol shall
    be maintained during the entire ice season in guarding the
    southeastern, southern, and southwestern limits of the region of
    icebergs in the vicinity of the Grand Banks of Newfoundland. The
    patrol shall inform trans-Atlantic and other passing vessels by
    radio and other available means of the ice conditions and the
    extent of the dangerous region. During the ice season, there shall
    be maintained a service of study of ice and current conditions, a
    service of providing assistance to vessels and crews requiring
    assistance, and a service of removing and destroying derelicts. Any
    of these services may be maintained during the remainder of the
    year as may be advisable.
      (b) Warnings to Vessels. - An ice patrol vessel shall warn any
    vessel known to be approaching a dangerous area and recommend safe
    routes.
      (c) Recording and Reporting Incidents. - 
        (1) Recording. - An ice patrol vessel shall record the name of
      a vessel and the facts of the case when the patrol observes or
      knows that the vessel - 
          (A) is on other than a regular recognized or advertised route
        crossing the North Atlantic Ocean;
          (B) has crossed the fishing banks of Newfoundland north of
        latitude 43 degrees north during the fishing season; or
          (C) has passed through regions known or believed to be
        endangered by ice when proceeding to and from ports of North
        America.

        (2) Reporting. - The name of the vessel and all pertinent
      information about the incident shall be reported to the
      government of the country to which the vessel belongs if that
      government requests.

      (d) Administration. - The Commandant of the Coast Guard, under
    the direction of the Secretary of the department in which the Coast
    Guard is operating, shall carry out the services provided for in
    this section and shall assign necessary vessels, material, and
    personnel of the Coast Guard. On request of such Secretary, the
    head of an agency may detail personnel, lend or contribute material
    or equipment, or otherwise assist in carrying out the services
    provided for in this section.
      (e) Annual Report. - The Commandant shall publish an annual
    report of the activities of the services provided for in this
    section. A copy of the report shall be provided to each interested
    foreign government and to each agency assisting in the work.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1692.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80302          46 App.:738a.           June 25, 1936, ch. 807, Sec. 
                                            2, 49 Stat. 1922; Pub. L.   
                                            89-670, Sec. 6(b)(1), Oct.  
                                            15, 1966, 80 Stat. 938.     
    --------------------------------------------------------------------

      In subsection (d), the words "Secretary of the department in
    which the Coast Guard is operating" are substituted for "Secretary
    of Transportation" because of the transfer of the Coast Guard to
    the Department of Homeland Security (except when operating as a
    service in the Navy) by section 888 of the Homeland Security Act of
    2002 (Pub. L. 107-296, 116 Stat. 2249). See also sections 1 and 3
    of title 14, as amended by section 1704(a) of such Act (116 Stat.
    2314).

-End-



-CITE-
    46 USC Sec. 80303                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 803 - ICE AND DERELICTS

-HEAD-
    Sec. 80303. Speed of vessel in ice region

-STATUTE-
      (a) Requirement. - The master of a vessel of the United States,
    when ice is reported on or near the vessel's course, shall proceed
    at a moderate speed or change the course of the vessel to go well
    clear of the danger zone.
      (b) Civil Penalty. - A master violating this section is liable to
    the United States Government for a civil penalty of not more than
    $500.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1693.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80303          46 App.:738c.           June 25, 1936, ch. 807, Sec. 
                                            4, 49 Stat. 1923.           
    --------------------------------------------------------------------

      In subsection (b), the words "liable to the United States
    Government for a civil penalty" are substituted for "liable to a
    fine" for clarity and for consistency in the revised title. The
    words "for each offense" are omitted as unnecessary.

-End-


-CITE-
    46 USC CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL
           CARGO                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO

-HEAD-
           CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO       

-MISC1-
    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.                                        

-End-



-CITE-
    46 USC Sec. 80501                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO

-HEAD-
    Sec. 80501. Definitions

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1694.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80501          46 App.:1501.           Pub. L. 95-208, Sec. 2, Dec. 
                                            13, 1977, 91 Stat. 1475.    
    --------------------------------------------------------------------

      In the definition of "international transport", subparagraphs (A)
    and (B) are substituted for 46 App. U.S.C. 1501(d)(1)-(3) to
    eliminate unnecessary words.
      In the definition of "owner", the words "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" are substituted for "means
    a person who owns a container, or, if a written lease or bailment
    provides for the lessee or bailee to exercise the owner's
    responsibility for maintaining and examining the container, the
    lessee or bailee of a container, to the extent such agreement so
    provides" to eliminate unnecessary words.
      The definition of "Secretary" is omitted because a complete
    reference to the appropriate Secretary is used the first time the
    Secretary is named in each section. Throughout this chapter, the
    phrase "Secretary of the department in which the Coast Guard is
    operating" is substituted for "Secretary of Transportation" because
    the Coast Guard has been transferred to the Department of Homeland
    Security (except when operating as a service in the Navy) by
    section 888 of the Homeland Security Act of 2002 (Pub. L. 107-296,
    116 Stat. 2249).
      The definition of "United States" is omitted because "United
    States" is defined in chapter 1 of the revised title. The
    definitions of "new container" and "existing container" are omitted
    as obsolete.

-End-



-CITE-
    46 USC Sec. 80502                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO

-HEAD-
    Sec. 80502. Application of Convention

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1694.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80502          46 App.:1502(a)         Pub. L. 95-208, Sec. 3(a)    
                    (related to             (related to application of  
                    application of          Convention), Dec. 13, 1977, 
                    Convention).            91 Stat. 1476.              
    --------------------------------------------------------------------

      This section restates the applicability criteria of 46
    App.:1502(a)(1) and (2) to improve the organization of the chapter.

-End-



-CITE-
    46 USC Sec. 80503                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO

-HEAD-
    Sec. 80503. General authority of the Secretary

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1694.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80503(a)       46 App.:1503(a).        Pub. L. 95-208, Sec. 4(a),   
                                            (b), (c)(1), (3), (e), Dec. 
                                            13, 1977, 91 Stat. 1476,    
                                            1477.                       
    80503(b)       46 App.:1503(b).                                     
    80503(c)       46 App.:1503(c)(1).                                  
    80503(d)       46 App.:1503(c)(3).                                  
    80503(e)       46 App.:1503(e).                                     
    --------------------------------------------------------------------

      In subsection (a), the words "On and after the date the
    instrument of ratification is deposited by the United States in
    accordance with the provisions of article VII of the Convention,"
    and "and, unless an earlier date is specifically provided," are
    omitted as obsolete.
      In subsection (b), before paragraph (1), the words "as soon as
    practicable after December 13, 1977" are omitted as obsolete. The
    word "prescribe" is substituted for "promulgate, and from time to
    time, amend" for consistency in the revised title and with other
    titles of the United States Code and to eliminate unnecessary
    words. The words "he deems necessary for such enforcement" and
    "among other things" are omitted as unnecessary. In paragraph (1),
    the words "existing" and "new" are omitted as obsolete.
      In subsections (c) and (d), the words "At any time after December
    13, 1977" are omitted as obsolete.

-End-



-CITE-
    46 USC Sec. 80504                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO

-HEAD-
    Sec. 80504. Approval and examination

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1695.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80504.         46 App.:1502(a)         Pub. L. 95-208, Sec. 3(a)    
                    (related to             (related to approval and    
                    approval and            examination), Dec. 13, 1977,
                    examination).           91 Stat. 1476.              
    --------------------------------------------------------------------

      In this section, the words "Beginning on the date the instrument
    of ratification is deposited by the United States in accordance
    with the provisions of article VII of the Convention, for new
    containers, and beginning on September 6, 1982, for existing
    containers" are omitted as obsolete.
      In subsections (a)(1) and (b)(1), the words "government of
    another country that is a party to the Convention" are substituted
    for "administration of another contracting party to the Convention"
    for clarity.
      In subsection (c), the word "initial" is added for consistency in
    the section.

-End-



-CITE-
    46 USC Sec. 80505                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO

-HEAD-
    Sec. 80505. Enforcement

-STATUTE-
      (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 container
      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 necessary
      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.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1695.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80505          46 App.:1504.           Pub. L. 95-208, Sec. 5, Dec. 
                                            13, 1977, 91 Stat. 1477;    
                                            Pub. L. 97-249, Sec. 1(2),  
                                            Sept. 8, 1982, 96 Stat. 708.
    --------------------------------------------------------------------

      In subsection (a), before paragraph (1), the words "On and after
    the date the instrument of ratification is deposited by the United
    States in accordance with the provisions of article VII of the
    Convention" are omitted as obsolete. The words "and regulations
    prescribed under this chapter" are added for clarity. In paragraph
    (1), the words "new . . . and existing containers which are subject
    to this chapter" are omitted as obsolete. Paragraphs (2) and (3)
    are substituted for "test, inspect, and approve designs for new
    containers and new containers being manufactured" to eliminate
    unnecessary words. In paragraph (4), before subparagraph (A), the
    words "is subject to this chapter" are omitted as unnecessary. In
    subparagraph (A), the word "valid" is omitted as unnecessary. In
    paragraph (5), the words "or regulations prescribed under this
    chapter" are added for consistency. In paragraph (6), the word
    "valid" is omitted as unnecessary.
      In subsection (b)(3), the words "appropriation for the operating
    expenses of the Coast Guard" are substituted for "appropriations
    bearing the cost thereof" for clarity.
      In subsection (d)(2), the word "reasonably" is omitted as
    unnecessary.
      In subsection (e), the words "which first occurs" are omitted as
    unnecessary. In paragraph (1), the words "the Secretary declares"
    are substituted for "is declared by the Secretary, or under
    regulations promulgated by the Secretary" to eliminate unnecessary
    words.

-End-



-CITE-
    46 USC Sec. 80506                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO

-HEAD-
    Sec. 80506. Delegation of authority

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1696.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80506          46 App.:1503(c)(2),     Pub. L. 95-208, Sec.         
                    (d).                    4(c)(2), (d), Dec. 13, 1977,
                                            91 Stat. 1477.              
    --------------------------------------------------------------------

      Subsections (a) and (f) are substituted for 46 App. U.S.C.
    1503(c)(2) and (d) (1st sentence) to improve the organization of
    the section.
      In subsection (b)(1), the words "person to whom authority is to
    be delegated" are substituted for "person, public or private
    agency, or nonprofit organization as a recipient of delegated
    functions under such subsection" to eliminate unnecessary words.
      Subsection (b)(2) is substituted for "the manner in which such
    recipient shall carry out such delegated functions, including the
    records such recipient must keep, and a detailed description of the
    exact functions such recipient may exercise" to eliminate
    unnecessary words.
      Subsections (c)-(e) are substituted for 46 App. U.S.C. 1503(d)
    (last par.) to improve the organization of the section and to
    eliminate unnecessary words.

-End-



-CITE-
    46 USC Sec. 80507                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO

-HEAD-
    Sec. 80507. Employee protection

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1697.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80507          46 App.:1506.           Pub. L. 95-208, Sec. 7, Dec. 
                                            13, 1977, 91 Stat. 1479.    
    --------------------------------------------------------------------

      In subsection (a), the words "in any manner" and "to the
    Secretary or his agents" are omitted as unnecessary. The words "or
    a regulation prescribed under this chapter" are added for
    consistency.

-End-



-CITE-
    46 USC Sec. 80508                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO

-HEAD-
    Sec. 80508. Amendments to Convention

-STATUTE-
      (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 proposed
      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.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1697.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80508          46 App.:1507.           Pub. L. 95-208, Sec. 8, Dec. 
                                            13, 1977, 91 Stat. 1479.    
    --------------------------------------------------------------------


-End-



-CITE-
    46 USC Sec. 80509                                           01/03/2007

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle VIII - Miscellaneous
    CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO

-HEAD-
    Sec. 80509. Civil penalty

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 109-304, Sec. 11, Oct. 6, 2006, 120 Stat. 1698.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    80509          46 App.:1505.           Pub. L. 95-208, Sec. 6, Dec. 
                                            13, 1977, 91 Stat. 1478.    
    --------------------------------------------------------------------

      In subsection (a), the words "On and after the date the
    instrument of ratification is deposited by the United States in
    accordance with the provisions of article VII of the Convention"
    are omitted as obsolete. The words "liable to the United States
    Government for a civil penalty" are substituted for "subject to a
    civil penalty" for consistency in the revised title.
      In subsection (b)(2), the words "In determining the amount of"
    are substituted for "In assessing, remitting, mitigating, or
    compromising" to eliminate unnecessary words.

-End-