46 U.S.C. § 42503 (2024) — Title 46: SHIPPING / Chapter 425 / Section 42503: Administration
Administration
Status: in_force

(a) Meetings.—The Committee shall, not less than once each year, meet at the call of the Commission or a majority of the members of the Committee.

(b) Employee Status.—A member of the Committee shall not be considered an employee of the Federal Government by reason of service on such Committee, except for the purposes of the following:

(1) Chapter 81 of title 5.

(2) Chapter 171 of title 28 and any other Federal law relating to tort liability.

(c) Volunteer Services and Compensation.—

(1) Notwithstanding any other provision of law, a member of the Committee may serve on such committee on a voluntary basis without pay.

(2) No member of the Committee shall receive compensation for service on the Committee.

(d) Status of Members.—

(1) In general.—Except as provided in paragraph (2), with respect to a member of the Committee whom the Commission appoints to represent an entity or group—

(A) the member is authorized to represent the interests of the applicable entity or group; and

(B) requirements under Federal law that would interfere with such representation and that apply to a special Government employee (as defined in section 202(a) of title 18), including requirements relating to employee conduct, political activities, ethics, conflicts of interest, and corruption, do not apply to the member.

(2) Exception.—Notwithstanding subsection (b), a member of the Committee shall be treated as a special Government employee for purposes of the committee service of the member if the member, without regard to service on the Committee, is a special Government employee.

(e) Service on Committee.—

(1) Solicitation of nominations.—Before appointing an individual as a member of the Committee, the Commission shall publish a timely notice in the Federal Register soliciting nominations for membership on such Committee.

(2) Appointments.—

(A) In general.—After considering nominations received pursuant to a notice published under paragraph (1), the Commission may appoint a member to the Committee.

(B) Prohibition.—The Commission shall not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee.

(3) Service at pleasure of commission.—Each member of the Committee shall serve at the pleasure of the Commission.

(4) Security background examinations.—The Commission may require an individual to have passed an appropriate security background examination before appointment to the Committee.

(5) Prohibition.—A Federal employee may not be appointed as a member of the Committee.

(6) Terms.—

(A) In general.—The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment.

(B) Continued service after term.—When the term of a member of the Committee ends, the member, for a period not to exceed 1 year, may continue to serve as a member until a successor is appointed.

(7) Vacancies.—A vacancy on the Committee shall be filled in the same manner as the original appointment.

(8) Special rule for reappointments.—Notwithstanding paragraphs (1) and (2), the Commission may reappoint a member of a committee for any term, other than the first term of the member, without soliciting, receiving, or considering nominations for such appointment.

(f) Staff Services.—The Commission shall furnish to the Committee any staff and services considered by the Commission to be necessary for the conduct of the Committee's functions.

(g) Chair; Vice Chair.—

(1) In general.—The Committee shall elect a Chair and Vice Chair from among the committee's members.

(2) Vice chairman acting as chairman.—The Vice Chair shall act as Chair in the absence or incapacity of, or in the event of a vacancy in the office of, the Chair.

(h) Subcommittees and Working Groups.—

(1) In general.—The Chair of the Committee may establish and disestablish subcommittees and working groups for any purpose consistent with the function of the Committee.

(2) Participants.—Subject to conditions imposed by the Chair, members of the Committee may be assigned to subcommittees and working groups established under paragraph (1).

(i) Consultation, Advice, Reports, and Recommendations.—

(1) Consultation.—Before taking any significant action, the Commission shall consult with, and consider the information, advice, and recommendations of, the Committee if the function of the Committee is to advise the Commission on matters related to the significant action.

(2) Advice, reports, and recommendations.—The Committee shall submit, in writing, to the Commission its advice, reports, and recommendations, in a form and at a frequency determined appropriate by the Committee.

(3) Explanation of actions taken.—Not later than 60 days after the date on which the Commission receives recommendations from the Committee under paragraph (2), the Commission shall—

(A) publish the recommendations on a public website; and

(B) respond, in writing, to the Committee regarding the recommendations, including by providing an explanation of actions taken regarding the recommendations.

(4) Submission to congress.—The Commission shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the advice, reports, and recommendations received from the Committee under paragraph (2).

(j) Observers.—The Commission may designate a representative to—

(1) attend any meeting of the Committee; and

(2) participate as an observer at such meeting.

(k) Termination.—The Committee shall terminate on September 30, 2029.

(Added Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §8604(a), Jan. 1, 2021, 134 Stat. 4762.)
46 U.S.C. § 51306 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51306: Cadet commitment agreements
Cadet commitment agreements
Status: in_force

(a) Agreement Requirements.—A citizen of the United States appointed as a cadet at the United States Merchant Marine Academy shall sign, as a condition of the appointment, an agreement to—

(1) complete the course of instruction at the Academy;

(2) obtain a merchant mariner license, unlimited as to horsepower or tonnage, issued by the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation, before graduation from the Academy;

(3) for at least 6 years after graduation from the Academy, maintain—

(A) a valid merchant mariner license, unlimited as to horsepower or tonnage, issued by the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation;

(B) a valid transportation worker identification credential; and

(C) a Coast Guard medical certificate;

(4) apply for, and accept if tendered, an appointment as a commissioned officer in the Navy Reserve (including the Strategic Sealift Officer Program, Navy Reserve), the Coast Guard Reserve, or any other reserve component of an armed force of the United States, and, if tendered the appointment, to serve, meet the participation requirements, and maintain active status in good standing, as determined by the program manager of the appropriate military service, for at least 8 years after the date of commissioning;

(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.

(e) Alternative Service.—

(1) Service as commissioned officer.—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 paragraphs (3) through (5) of subsection (a).

(2) Modification or waiver.—The Secretary may modify or waive any of the terms and conditions set forth in subsection (a) through the imposition of alternative service requirements.

(f) Service Obligation Performance Reporting Requirement.—

(1) In general.—Subject to any otherwise applicable restrictions on disclosure in section 552a of title 5, 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—

(A) shall report the status of obligated service of an individual graduate of the Academy upon request of the Secretary; and

(B) 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.

(2) Information to be provided.—A report or notice under paragraph (1) 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.

(3) Considered as in default.—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.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1572; Pub. L. 109–163, div. A, title V, §515(g)(2)(A), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 109–364, div. C, title XXXV, §§3505(a), 3506(a), Oct. 17, 2006, 120 Stat. 2516, 2517; Pub. L. 110–181, div. C, title XXXV, §§3523(a)(1), (b), 3526(b)(1), (c)(1), (g), Jan. 28, 2008, 122 Stat. 598, 600–602; Pub. L. 114–92, div. C, title XXXV, §3506, Nov. 25, 2015, 129 Stat. 1220.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

51306(a)
46 App.:1295b(e)(1).
June 29, 1936, ch. 858, title XIII, §1303(e)(1)–(4), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2000; Pub. L. 97–31, §12(144)(A), Aug. 6, 1981, 95 Stat. 166; Pub. L. 101–595, title VII, §707(a), Nov. 16, 1990, 104 Stat. 2995; Pub. L. 108–136, title XXXV, §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.).

Editorial Notes

Amendments

2015—Subsec. (a). Pub. L. 114–92, §3506(1), substituted "shall sign" for "must sign" in introductory provisions.

Subsec. (a)(2). Pub. L. 114–92, §3506(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "fulfill the requirements for a license as an officer in the merchant marine of the United States before graduation from the Academy;".

Subsec. (a)(3). Pub. L. 114–92, §3506(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "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;".

Subsec. (a)(4). Pub. L. 114–92, §3506(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "apply for, and accept if tendered, an appointment as a commissioned officer in the Navy Reserve (including the Merchant Marine Reserve, Navy 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;".

2008—Pub. L. 110–181, §3526(g), repealed Pub. L. 109–364, §§3505(a) and 3506(a). See 2006 Amendment note below.

Pub. L. 110–181, §3523(b), repealed Pub. L. 109–163, §515(g)(2)(A). See 2006 Amendment note below.

Subsec. (a)(4). Pub. L. 110–181, §3523(a)(1), incorporated the substance of the amendment by Pub. L. 109–163, §515(g)(2)(A), into this section by substituting "Navy Reserve" for "Naval Reserve" in two places. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

Subsecs. (e), (f). Pub. L. 110–181, §3526(b)(1), (c)(1), incorporated the substance of the amendments by Pub. L. 109–364, §§3505(a), 3506(a), into this section by adding subsecs. (e) and (f). See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–364, §§3505(a), 3506(a), which directed the amendment of section 1295b(e) of the former Appendix to this title from which this section was derived, were repealed by Pub. L. 110–181, §3526(g). See 2008 Amendment note for subsecs. (e) and (f) and Historical and Revision notes above.

Pub. L. 109–163, §515(g)(2)(A), which directed the amendment of section 1295b of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3523(b). See 2008 Amendment note for subsec. (a)(4) and Historical and Revision notes above.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181, div. C, title XXXV, §3526(b)(2), Jan. 28, 2008, 122 Stat. 601, provided that: "Section 51306(e) of title 46, United States Code, as added by paragraph (1), applies only to an individual who enrolls as a cadet at the United States Merchant Marine Academy, and signs an agreement under section 51306(a) of title 46, after October 17, 2006."

Pub. L. 110–181, div. C, title XXXV, §3526(c)(2), Jan. 28, 2008, 122 Stat. 602, provided that: "Section 51306(f) of title 46, United States Code, as added by paragraph (1), does not apply with respect to an agreement entered into under section 51306(a) of title 46, United States Code, before October 17, 2006."

Effective Date of 2006 Amendment

Pub. L. 109–364, div. C, title XXXV, §3505(b), Oct. 17, 2006, 120 Stat. 2517, which provided that par. (6) of section 1295b(e) of the former Appendix to this title from which this section was derived, applied only to an individual who enrolled as a cadet at the United States Merchant Marine Academy and signed an agreement under par. (1) of that section after Oct. 17, 2006, was repealed by Pub. L. 110–181, div. C, title XXXV, §3526(g), Jan. 28, 2008, 122 Stat. 602.

Pub. L. 109–364, div. C, title XXXV, §3506(b), Oct. 17, 2006, 120 Stat. 2517, which provided that the enactment of par. (7) of section 1295b(e) of the former Appendix to this title from which this section was derived, did not apply with respect to an agreement entered into under section 1295b(e) before Oct. 17, 2006, was repealed by Pub. L. 110–181, div. C, title XXXV, §3526(g), Jan. 28, 2008, 122 Stat. 602.
46 U.S.C. § 55311 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter II / Section 55311: Findings and purposes
Findings and purposes
Status: in_force

(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.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1643.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

55311
46 App.:1241d.
Pub. L. 99–198, title XI, §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.).
46 U.S.C. § 10904 (2024) — Title 46: SHIPPING / Chapter 109 / Section 10904: Refusal to proceed
Refusal to proceed
Status: in_force

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.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 576.)

Historical and Revision Notes

Revised sectionSource 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.
46 U.S.C. § 60303 (2024) — Title 46: SHIPPING / Chapter 603 / Section 60303: Light money
Light money
Status: in_force

(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) 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.

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1678; Pub. L. 115–232, div. C, title XXXV, §3546(v), Aug. 13, 2018, 132 Stat. 2327.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60303(a)
46 App.:128 (words before proviso).
R.S. §4225.

60303(b)
46 App.:129.
R.S. §4226.

60303(c)
46 App.:128 (proviso).
Mar. 4, 1915, ch. 171, §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.

Editorial Notes

Amendments

2018—Subsec. (c). Pub. L. 115–232 substituted "Subsection (a) does" for "Subsection (a) section does".
46 U.S.C. § 53202 (2024) — Title 46: SHIPPING / Chapter 532 / Section 53202: Establishment of the Cable Security Fleet
Establishment of the Cable Security Fleet
Status: in_force

(a) In General.—(1) The Secretary, in consultation with the Operating Agency, shall establish a fleet of active, commercially viable, cable vessels to meet national security requirements. The fleet shall consist of privately owned, United States-documented cable vessels for which there are in effect Operating Agreements under this chapter, and shall be known as the Cable Security Fleet.

(2) The Fleet described under this section shall include two vessels.

(b) Vessel Eligibility.—A cable 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 commercial service providing cable services;

(3) the vessel is 40 years of age or less on the date the vessel is included in the Fleet;

(4) the vessel is—

(A) determined by the Operating Agency to be suitable for engaging in cable services by the United States in the interest of national security; and

(B) determined by the Secretary to be commercially viable, whether independently or taking any payments which are the consequence of participation in the Cable Fleet into account; 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 Cable Fleet; and

(ii) at the time an Operating Agreement is entered into under this chapter, the vessel is eligible for documentation under chapter 121 of this title.

(c) Requirements Regarding Citizenship of Owners and Operators.—

(1) Vessels 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 1 under section 50501 of this title.

(2) Vessels owned by a section 50501 citizen, or united states citizen trust, and chartered to a 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 and operated by 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 subject 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 Operating Agency 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, and have reviewed the certification required under subparagraph (A)(ii)(III) and determined that there are no 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 a 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 Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives that they have reviewed the certification required by subparagraph (A)(iv) and determined 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 a documentation citizen and chartered to a 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) Vessel Standards.—

(1) Certificate of inspection.—A cable vessel 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 Act, is not documented under chapter 121 of this title, shall be eligible for a certificate of inspection if that 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 that 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 that 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 of the Department in which the Coast Guard is operating may rely on a certification from the American Bureau of Shipping or, subject to subparagraph (B), another classification society accepted by that Secretary to establish that a vessel is in compliance with the requirements of paragraphs (1) and (2).

(B) Foreign classification society.—The Secretary of the Department in which the Coast Guard is operating 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.

(e) Waiver of Age Registration.—The Secretary, in conjunction with the Operating Agency, may waive the application of the age restriction under subsection (b)(3) if they jointly determine that the waiver—

(1) is in the national interest;

(2) the subject cable vessel and any associated operating network is and will continue to be economically viable; and

(3) is necessary due to the lack of availability of other vessels and operators that comply with the requirements of this chapter.

(Added Pub. L. 116–92, div. C, title XXXV, §3521(a), Dec. 20, 2019, 133 Stat. 1989.)

Editorial Notes

References in Text

The date of enactment of the Act, referred to in subsec. (d)(1), means the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019.

1 So in original. Probably should be capitalized.
46 U.S.C. § 50302 (2024) — Title 46: SHIPPING / Chapter 503 / Section 50302: Port development
Port development
Status: in_force

(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.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1564; Pub. L. 111–84, div. C, title XXXV, §3512, Oct. 28, 2009, 123 Stat. 2722; Pub. L. 113–66, div. C, title XXXV, §3505(b), Dec. 26, 2013, 127 Stat. 1086; Pub. L. 116–92, div. C, title XXXV, §3514(b), Dec. 20, 2019, 133 Stat. 1980; Pub. L. 116–283, div. C, title XXXV, §3504, Jan. 1, 2021, 134 Stat. 4399; Pub. L. 117–81, div. C, title XXXV, §3513(a)(2), Dec. 27, 2021, 135 Stat. 2240.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

50302(a)
46 App.:867 (words before proviso).
June 5, 1920, ch. 250, §8, 41 Stat. 992; Exec. Order No. 6166, June 10, 1933, §12; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(40), Aug. 6, 1981, 95 Stat. 156; Pub. L. 104–88, §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.

Editorial Notes

Amendments

2021—Subsec. (c). Pub. L. 117–81 redesignated subsec. (c) as section 54301(a) of this title.

Subsec. (c)(2). Pub. L. 116–283, §3504(1)(A)(i), inserted "or subsection (d)" after "this subsection" in introductory provisions.

Subsec. (c)(2)(G). Pub. L. 116–283, §3504(1)(A)(ii), inserted ", including the owners or operators of a facility, or collection of facilities at a port" after "private entities".

Subsec. (c)(5)(A). Pub. L. 116–283, §3504(1)(B)(i), inserted "or subsection (d)" after "this subsection".

Subsec. (c)(5)(B). Pub. L. 116–283, §3504(1)(B)(ii), substituted "90" for "60" and inserted "or subsection (d)" after "this subsection".

Subsec. (c)(6)(C). Pub. L. 116–283, §3504(1)(C), struck out subpar. (C). Prior to amendment, text read as follows: "The Secretary may waive the cost-benefit analysis under subparagraph (A)(ii), and establish a simplified, alternative basis for determining whether a project is cost effective, for a small project described in paragraph (7)(B)."

Subsec. (c)(7)(B). Pub. L. 116–283, §3504(1)(D)(i), substituted "18 percent" for "25 percent" and "subsection (d). The requirement under paragraph (6)(A)(ii) shall not apply to grants made under subsection (d)." for "paragraph (3)(A) that request the lesser of—

"(i) 10 percent of the amounts made available for grants under this subsection for a fiscal year; or

"(ii) $10,000,000."

Subsec. (c)(7)(C). Pub. L. 116–283, §3504(1)(D)(ii), added subpar. (C) and struck out former subpar. (C). Text read as follows: "Not more than 10 percent of the amounts made available for grants under this subsection for a fiscal year may be used to make grants for development phase activities under paragraph (3)(B)."

Subsec. (c)(8)(A). Pub. L. 116–283, §3504(1)(E)(i), inserted "or subsection (d)" after "a grant under this subsection" and substituted "the project for which the grant is requested" for "a project under this subsection".

Subsec. (c)(8)(B)(i). Pub. L. 116–283, §3504(1)(E)(ii)(I), substituted "under this subsection or subsection (d)" for "under this subsection".

Subsec. (c)(8)(B)(ii). Pub. L. 116–283, §3504(1)(E)(ii)(II), inserted "for which a grant is awarded under subsection (d) or that is" after "project".

Subsec. (c)(9). Pub. L. 116–283, §3504(1)(F), inserted "for grants made under this subsection and subsection (d)" after "procedures" in introductory provisions.

Subsec. (c)(10)(A). Pub. L. 116–283, §3504(1)(G), inserted "or subsection (d)" after "this subsection" in introductory provisions.

Subsec. (c)(11)(A). Pub. L. 116–283, §3504(1)(H)(i), substituted "to make grants for port development under this section" for "under this subsection" and "to make grants for port development under this section" for "to carry out this subsection".

Subsec. (c)(11)(B)(i). Pub. L. 116–283, §3504(1)(H)(ii)(I), substituted "to make grants for port development under this section" for "for carrying out this subsection".

Subsec. (c)(11)(B)(ii). Pub. L. 116–283, §3504(1)(H)(ii)(II), substituted "for port development under this section" for "under this subsection", and inserted "or that are returned under paragraph (9)(C)" after "the award" and "Any such amount may only be expended to award a grant under the same subsection of this section under which the original grant was made." at end.

Subsec. (c)(12). Pub. L. 116–283, §3504(1)(I)(i), inserted "and subsection (d)" after "this subsection" in introductory provisions.

Subsec. (c)(12)(A) to (D). Pub. L. 116–283, §3504(1)(I)(ii), redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which defined "appropriate committees of Congress".

Subsec. (d). Pub. L. 117–81 redesignated subsec. (d) as section 54301(b) of this title.

Pub. L. 116–283, §3504(3), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 117–81 redesignated subsec. (e) as section 54301(c) of this title.

Pub. L. 116–283, §3504(2), redesignated subsec. (d) as (e).

Subsec. (e)(3). Pub. L. 116–283, §3504(4), inserted "or subsection (d)" after "subsection (c)" and substituted "to any eligible applicants as described in subsection (c)(2)" for "to port authorities or commissions or their subdivisions and agents".

2019—Subsecs. (c), (d). Pub. L. 116–92 added subsecs. (c) and (d) and struck out former subsec. (c), which established and set out parameters for a port infrastructure development program.

2013—Subsec. (c)(2)(D). Pub. L. 113–66 inserted "and financial assistance, including grants," after "technical assistance".

2009—Subsec. (c). Pub. L. 111–84 added subsec. (c).

Statutory Notes and Related Subsidiaries

Savings Clause

Pub. L. 116–92, div. C, title XXXV, §3514(c), Dec. 20, 2019, 133 Stat. 1984, provided that:

"A repeal made by subsection (b) of this section [amending this section] shall not affect amounts apportioned or allocated before the effective date of the repeal. Such apportioned or allocated funds shall continue to be subject to the requirements to which the funds were subject under—

"(1) section 50302(c) of title 46, United States Code, as in effect on the day before the date of enactment of this title [Dec. 20, 2019];

"(2) section 9008 of the SAFETEA-LU Act (Public Law 109–59; 119 Stat. 1926);

"(3) section 10205 of the SAFETEA-LU Act (Public Law 109–59; 119 Stat. 1934); and

"(4) section 3512 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r)."

Strategic Seaports

Pub. L. 113–66, div. C, title XXXV, §3505(a), Dec. 26, 2013, 127 Stat. 1086, which established priority for funding to strategic seaports in support of national security requirements, was repealed by Pub. L. 118–31, div. C, title XXXV, §3514(a)(1)(C), Dec. 22, 2023, 137 Stat. 810. See section 54301(a)(6)(C), (12)(E) of this title.
46 U.S.C. § 57100 (2024) — Title 46: SHIPPING / Chapter 571 / Section 57100: National Defense Reserve Fleet
National Defense Reserve Fleet
Status: in_force

(a) Fleet Components.—The Secretary of Transportation shall maintain a National Defense Reserve Fleet, including any vessel assigned by the Secretary to the Ready Reserve Force component of the fleet, consisting of those vessels owned or acquired by the United States Government that the Secretary of Transportation, after consultation with the Secretary of the Navy, determines are of value for national defense purposes and that the Secretary of Transportation decides to place and maintain in the fleet. Vessels in the National Defense Reserve Fleet, including vessels loaned to State maritime academies, shall be considered public vessels of the United States.

(b) Permitted Uses.—Except as otherwise provided by law, a vessel in the fleet may be used—

(1) for an account of an agency of the United States Government in a period during which vessels may be requisitioned under chapter 563; or

(2) on the request of the Secretary of Defense, and in accordance with memoranda of agreement between the Secretary of Transportation and the Secretary of Defense, for—

(A) testing for readiness and suitability for mission performance;

(B) defense sealift functions for which other sealift assets are not reasonably available; and

(C) support of the deployment of the United States armed forces in a military contingency, for military contingency operations, or for civil contingency operations upon orders from the National Command Authority;

(3) for otherwise lawfully permitted storage or transportation of non-defense-related cargo as directed by the Secretary of Transportation with the concurrence of the Secretary of Defense;

(4) for training purposes to the extent authorized by the Secretary of Transportation with the concurrence of the Secretary of Defense;

(5) on a reimbursable basis, for charter to the government of any State, locality, or Territory of the United States, except that the prior consent of the Secretary of Defense for such use shall be required with respect to any vessel in the Ready Reserve Force or in the National Defense Reserve Fleet which is maintained in a retention status for the Department of Defense; or

(6) for civil contingency operations and Maritime Administration promotional and media events, in accordance with subsection (f).

(c) Ready Reserve Force Management.—

(1) Minimum requirements.—To ensure the readiness of vessels in the Ready Reserve Force component of the National Defense Reserve Fleet, the Secretary of Transportation shall, at a minimum—

(A) maintain all of the vessels in a manner that will enable each vessel to be activated within a period specified in plans for mobilization of the vessels;

(B) activate and conduct sea trials on each vessel at a frequency that is considered by the Secretary to be necessary;

(C) maintain and adequately crew, as necessary, in an enhanced readiness status those vessels that are scheduled to be activated in 5 or less days;

(D) locate those vessels that are scheduled to be activated near embarkation ports specified for those vessels; and

(E) notwithstanding section 2109 of title 46, United States Code, have each vessel inspected by the Secretary of the department in which the Coast Guard is operating to determine if the vessel meets the safety standards that would apply under part B of subtitle II of that title if the vessel were not a public vessel.

(2) Vessel managers.—

(A) Eligibility for contract.—A person, including a shipyard, is eligible for a contract for the management of a vessel in the Ready Reserve Force if the Secretary determines, at a minimum, that the person has—

(i) experience in the operation of commercial-type vessels or public vessels owned by the United States Government; and

(ii) the management capability necessary to operate, maintain, and activate the vessel at a reasonable price.

(B) Contract requirement.—The Secretary of Transportation shall include in each contract for the management of a vessel in the Ready Reserve Force a requirement that each seaman who performs services on any vessel covered by the contract hold the license or merchant mariner's document that would be required under chapter 71 or chapter 73 of title 46, United States Code, for a seaman performing that service while operating the vessel if the vessel were not a public vessel.

(d) Applicability of Limitations on Overhaul, Repair, and Maintenance in Foreign Shipyards.—

(1) Application of limitation.—The provisions of section 8680 of title 10 shall apply to vessels specified in subsection (b), and to the Secretary of Transportation with respect to those vessels, in the same manner as those provisions apply to vessels specified in subsection (b) of such section, and to the Secretary of the Navy, respectively.

(2) Covered vessels.—Vessels specified in this paragraph are vessels maintained by the Secretary of Transportation in support of the Department of Defense, including any vessel assigned by the Secretary of Transportation to the Ready Reserve Force that is owned by the United States.

(e) Exemption From Tank Vessel Construction Standards.—Vessels in the National Defense Reserve Fleet are exempt from the provisions of section 3703a.

(f) Use of NDRF Vessels for Civil Contingency Operations and Promotional and Media Events.—With the concurrence of the Secretary of Defense, the Secretary of Transportation may allow the use of vessels in the National Defense Reserve Fleet (NDRF) for civil contingency operations requested by another Federal agency, and for Maritime Administration promotional and media events relating to demonstration projects and research and development supporting the Administration's mission, if the Secretary of Transportation determines such use is in the best interest of the Government after considering the following factors:

(1) Availability.—The availability of NDRF or Ready Reserve Force (RRF) resources and the impact of such use on NDRF and RRF mission support to the defense and homeland security requirements of the Government.

(2) Interference.—Whether the use of such of 1 vessels will support the mission of the Maritime Administration and not significantly interfere with NDRF vessel maintenance, repair, safety, readiness, and resource availability.

(3) Safety.—Whether safety precautions will be taken, including indemnification of liability when applicable.

(4) Cost.—Whether any costs incurred by such use will be funded as a reimbursable transaction between Federal agencies, as applicable.

(5) Other matters.—Any other matters the Maritime Administrator considers appropriate.

(g) Vessel Status.—A vessel in the National Defense Reserve Fleet determined by the Maritime Administration to be an obsolete vessel shall remain a vessel within the meaning of that term in section 3 of title 1, United States Code, and subject to the rights and responsibilities of a vessel under admiralty law at least until such time as the vessel is delivered to a dismantling facility or is disposed of otherwise from the National Defense Reserve Fleet.

(Added and amended Pub. L. 115–91, div. C, title XXXV, §3502(a)(3), (b)(6), Dec. 12, 2017, 131 Stat. 1910; Pub. L. 115–232, div. A, title VIII, §809(q), Aug. 13, 2018, 132 Stat. 1844; Pub. L. 118–31, div. C, title XXXV, §3514(j)(2), Dec. 22, 2023, 137 Stat. 811; Pub. L. 118–159, div. C, title XXXV, §3535(c), Dec. 23, 2024, 138 Stat. 2314.)

Editorial Notes

Codification

Section, as added and amended by Pub. L. 115–91, is based on act Mar. 8, 1946, ch. 82, §11, 60 Stat. 49; June 28, 1947, ch. 161, §1, 61 Stat. 190; Feb. 27, 1948, ch. 78, §1(a), 62 Stat. 38; Feb. 28, 1949, ch. 12, 63 Stat. 9; June 29, 1949, ch. 281, §1, 63 Stat. 349; June 30, 1950, ch. 427, §2, 64 Stat. 308; Pub. L. 97–31, §12(157), Aug. 6, 1981, 95 Stat. 167; Pub. L. 101–115, §6, Oct. 13, 1989, 103 Stat. 693; Pub. L. 101–225, title III, §307(12), Dec. 12, 1989, 103 Stat. 1925; Pub. L. 102–241, §57, Dec. 19, 1991, 105 Stat. 2234; Pub. L. 102–587, title VI, §6205(a), Nov. 4, 1992, 106 Stat. 5094; Pub. L. 104–106, div. A, title X, §1014(b), Feb. 10, 1996, 110 Stat. 424; Pub. L. 104–239, §9, Oct. 8, 1996, 110 Stat. 3133; Pub. L. 109–364, div. C, title XXXV, §3503, Oct. 17, 2006, 120 Stat. 2516; Pub. L. 110–181, div. C, title XXXV, §§3513, 3516, Jan. 28, 2008, 122 Stat. 594, 595; Pub. L. 112–81, div. C, title XXXV, §3502, Dec. 31, 2011, 125 Stat. 1716; Pub. L. 112–213, title IV, §410, Dec. 20, 2012, 126 Stat. 1572; Pub. L. 114–328, div. C, title XXXV, §3504, Dec. 23, 2016, 130 Stat. 2776, which was formerly classified to section 4405 of Title 50, War and National Defense, before being transferred to this chapter and renumbered as this section.

Amendments

2024—Subsec. (b)(1). Pub. L. 118–159, §3535(c)(1), substituted "chapter 563" for "section 902 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1242)".

Subsec. (f)(2). Pub. L. 118–159, §3535(c)(2), substituted "the use of such" for "the such use".

2023—Subsec. (g). Pub. L. 118–31 substituted "an obsolete vessel" for "of insufficient value to remain in the National Defense Reserve Fleet".

2018—Subsec. (d)(1). Pub. L. 115–232 substituted "section 8680 of title 10" for "section 7310 of title 10, United States Code,".

2017—Pub. L. 115–91, §3502(b)(6)(A), inserted section enumerator and catchline.

Pub. L. 115–91, §3502(a)(3), transferred section 11 of act Mar. 8, 1946, to this chapter and renumbered it as this section. See Codification note above.

Subsec. (a). Pub. L. 115–91, §3502(b)(6)(A), inserted heading.

Subsec. (b). Pub. L. 115–91, §3502(b)(6)(B), inserted heading.

Subsec. (e). Pub. L. 115–91, §3502(b)(6)(C), inserted heading and struck out "of title 46, United States Code" after "section 3703a" in text.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

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.

Consideration of Life-Cycle Cost Estimates for Acquisition and Procurement of Vessels

Pub. L. 118–31, div. C, title XXXV, §3535, Dec. 22, 2023, 137 Stat. 835, provided that: "In carrying out the acquisition and procurement of vessels in the National Defense Reserve Fleet, the Secretary of Transportation, acting through the Administrator of the Maritime Administration, shall consider the life-cycle cost estimates of vessels during the design and evaluation processes to the maximum extent practicable."

Recapitalization of National Defense Reserve Fleet

Pub. L. 117–263, div. C, title XXXV, §3546, Dec. 23, 2022, 136 Stat. 3100, as amended by Pub. L. 118–31, div. C, title XXXV, §3532, Dec. 22, 2023, 137 Stat. 827; Pub. L. 118–159, div. C, title XXXV, §3533, Dec. 23, 2024, 138 Stat. 2313, provided that:

"(a) In General.—

"(1) Vessel construction.—Subject to the availability of appropriations, the Secretary of Transportation, in consultation with the Chief of Naval Operations and the Commandant of the Coast Guard, shall complete the design of a sealift vessel for the National Defense Reserve Fleet to allow for the construction of such vessel to begin in fiscal year 2025.

"(2) Agreement with vessel construction manager.—Notwithstanding section 8679 of title 10, United States Code, and subject to the availability of appropriations made specifically available for reimbursements to the Ready Reserve Force, Maritime Administration account of the Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet, the Secretary of the Transportation, in consultation with the Secretary of the Navy, shall seek to enter into an agreement with an appropriate vessel construction manager under which the vessel construction manager shall enter into a contract for the construction of not more than ten such vessels in accordance with this section.

"(b) Construction and Documentation Requirements.—A vessel constructed pursuant to this section shall meet the requirements for, and be issued a certificate of, documentation and a coastwise endorsement under chapter 121 of title 46, United States Code.

"(c) Design Standards and Construction Practices.—Subject to subsection (b), a vessel constructed pursuant to this section shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.

"(d) Consultation With Other Federal Entities.—The Secretary of Transportation shall consult and coordinate with the Secretary of the Navy and may consult with the heads of other appropriate Federal agencies regarding the vessel described in subsection (a) and activities associated with such vessel.

"(e) Limitation on Use of Funds for Used Vessels.—None of the funds authorized to be appropriated by this Act or otherwise made available to carry out this section may be used for the procurement of any used vessel.

"(f) Limitation.—Of the amounts authorized to be appropriated by this Act [see Tables for classification] or otherwise made available for fiscal year 2024 for the Secretary of the Navy for travel expenses, not more than 50 percent may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Representatives] a report that includes a detailed description of the acquisition strategy for the execution of the authority under subsection (a)."

Vessel Repair and Maintenance Pilot Program

Pub. L. 104–239, §16, Oct. 8, 1996, 110 Stat. 3138, provided that:

"(a) In General.—The Secretary of Transportation shall conduct a pilot program to evaluate the feasibility of using renewable contracts for the maintenance and repair of outported vessels in the Ready Reserve Force to enhance the readiness of those vessels. Under the pilot program, the Secretary, subject to the availability of appropriations and within 6 months after the date of the enactment of this Act [Oct. 8, 1996], shall award 9 contracts for this purpose.

"(b) Use of Various Contracting Arrangements.—In conducting a pilot program under this section, the Secretary of Transportation shall use contracting arrangements similar to those used by the Department of Defense for procuring maintenance and repair of its vessels.

"(c) Contract Requirements.—Each contract with a shipyard under this section shall—

"(1) subject to subsection (d), provide for the procurement from the shipyard of all repair and maintenance (including activation, deactivation, and drydocking) for 1 vessel in the Ready Reserve Force that is outported in the geographical vicinity of the shipyard;

"(2) be effective for 1 fiscal year; and

"(3) be renewable, subject to the availability of appropriations, for each subsequent fiscal year through fiscal year 1998.

"(d) Limitation of Work Under Contracts.—A contract under this section may not provide for the procurement of operation or manning for a vessel that may be procured under another contract for the vessel to which section 11(d)(2) of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1774(d)(2)) [probably means "(50 U.S.C. App. 1744(d)(2))", now 46 U.S.C. 57100(c)(2)] applies.

"(e) Geographic Distribution.—The Secretary shall seek to distribute contract awards under this section to shipyards located throughout the United States.

"(f) Reports.—The Secretary shall submit to the Congress—

"(1) an interim report on the effectiveness of each contract under this section in providing for economic and efficient repair and maintenance of the vessel included in the contract, no later than 20 months after the date of the enactment of this Act [Oct. 8, 1996]; and

"(2) a final report on that effectiveness no later than 6 months after the termination of all contracts awarded pursuant to this section."

1 So in original.
46 U.S.C. § 12306 (2024) — Title 46: SHIPPING / Chapter 123 / Section 12306: Safety certificates
Safety certificates
Status: in_force

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.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591.)

Historical and Revision Notes

Revised sectionSource 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.
46 U.S.C. § 2101 (2024) — Title 46: SHIPPING / Chapter 21 / Section 2101: General definitions
General definitions
Status: in_force

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) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment.

(2) "Coast Guard" means the organization established and continued under section 1 1 of title 14.

(3) "Commandant" means the Commandant of the Coast Guard.

(4) "commercial service" includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel.

(5) "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) "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.

(7) "crude oil tanker" means a tanker engaged in the trade of carrying crude oil.

(8) "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) "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.

(12) "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.

(13) "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.

(14) "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.

(15) "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.

(16) "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.

(17) "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.

(18) "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.

(19) "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.

(20) "mobile offshore drilling unit" means a vessel capable of engaging in drilling operations for the exploration or exploitation of subsea resources.

(21) "motor vessel" means a vessel propelled by machinery other than steam.

(22) "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.

(23) "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.

(24) "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.

(25) "offshore supply vessel" means a motor vessel 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.

(26) "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.

(27) "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.

(28) "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.

(29) "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.

(30) "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.

(31) "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.

(32) "product carrier" means a tanker engaged in the trade of carrying oil except crude oil.

(33) "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.

(34) "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.

(35) "recreational vessel manufacturer" means a person engaged in the manufacturing, construction, assembly, or importation of recreational vessels, components, or associated equipment.

(36) "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.

(37) "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.

(38) "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.

(39) "sailing school student" means an individual who is on board a sailing school vessel to receive sailing instruction.

(40) "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.

(41)(A) Subject to subparagraph (B), "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.

(B)(i) Such term includes an individual who is on board an oceanographic research vessel only to—

(I) engage in scientific research;

(II) instruct in oceanography or limnology; or

(III) receive instruction in oceanography or limnology.

(ii) For purposes of clause (i), the age of an individual may not be considered in determining whether the individual is described in such clause.

(42) "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.

(43) "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.

(44) "Secretary" means the Secretary of the department in which the Coast Guard is operating.

(45) "sexual assault" means any form of abuse or contact as defined in chapter 109A of title 18, or a substantially similar offense under State, local, or Tribal law.

(46) "sexual harassment" means—

(A) conduct that—

(i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature if any—

(I) submission to such conduct is made either explicitly or implicitly a term or condition of employment, pay, career, benefits, or entitlements of the individual;

(II) submission to, or rejection, of such conduct by an individual is used as a basis for decisions affecting that individual's job, pay, career, benefits, or entitlements;

(III) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive work environment; or

(IV) conduct may have been by an individual's supervisor, a supervisor in another area, a co-worker, or another credentialed mariner; and

(ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive;

(B) any use or condonation associated with first-hand or personal knowledge, by any individual in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, benefits, entitlements, or employment of a subordinate; and

(C) any intentional or repeated unwelcome verbal comment or gesture of a sexual nature towards or about an individual by the individual's supervisor, a supervisor in another area, a coworker, or another credentialed mariner.

(47) "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.

(48) "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.

(49) "submersible vessel" means a vessel that is capable of operating below the surface of the water.

(50) "tanker" means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces.

(51) "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.

(52) "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.

(53) "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.

(54) "uninspected vessel" means a vessel not subject to inspection under section 3301 of this title that is not a recreational vessel.

(55) "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.

(56) "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.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 501; Pub. L. 98–364, title IV, §402(1), July 17, 1984, 98 Stat. 445; Pub. L. 98–454, title III, §301(a), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 98–557, §34(a), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99–307, §1(1), (2), May 19, 1986, 100 Stat. 444; Pub. L. 99–509, title V, §5102(b)(1), Oct. 21, 1986, 100 Stat. 1926; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–640, §§10(b)(1), 11(a), 13(d), Nov. 10, 1986, 100 Stat. 3549–3551; Pub. L. 100–239, §6(a)(1), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 100–424, §8(c)(1), Sept. 9, 1988, 102 Stat. 1593; Pub. L. 100–710, title I, §104(a)(1), (2), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 101–225, title II, §209, Dec. 12, 1989, 103 Stat. 1913; Pub. L. 101–380, title IV, §4103(a)(2)(A), Aug. 18, 1990, 104 Stat. 511; Pub. L. 101–595, title VI, §603(1), Nov. 16, 1990, 104 Stat. 2993; Pub. L. 102–587, title V, §5208(a), Nov. 4, 1992, 106 Stat. 5075; Pub. L. 103–206, title V, §§502–510, Dec. 20, 1993, 107 Stat. 2439–2441; Pub. L. 103–272, §5(l), July 5, 1994, 108 Stat. 1375; Pub. L. 104–324, title VII, §709, title XI, §1104(a), Oct. 19, 1996, 110 Stat. 3934, 3966; Pub. L. 105–383, title III, §301(b)(1), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 107–217, §3(m)(1), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 107–295, title IV, §419, Nov. 25, 2002, 116 Stat. 2124; Pub. L. 109–241, title III, §§301, 312(b), July 11, 2006, 120 Stat. 526, 533; Pub. L. 109–304, §15(2), Oct. 6, 2006, 120 Stat. 1702; Pub. L. 111–281, title VI, §§617(a)(1)(A), 618, Oct. 15, 2010, 124 Stat. 2972, 2975; Pub. L. 111–330, §1(9), Dec. 22, 2010, 124 Stat. 3570; Pub. L. 115–232, div. C, title XXXV, §3541(a)(1), Aug. 13, 2018, 132 Stat. 2322; Pub. L. 115–282, title V, §515, Dec. 4, 2018, 132 Stat. 4279; Pub. L. 117–263, div. K, title CXVI, §11601(a), Dec. 23, 2022, 136 Stat. 4145.)

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 sectionSource 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.

Editorial Notes

References in Text

Section 1 of title 14, referred to in par. (2), was redesignated section 101 of title 14 by Pub. L. 115–282, title I, §103(b), Dec. 4, 2018, 132 Stat. 4195, and references to section 1 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Presidential Proclamation No. 5928, referred to in par. (23), is set out under section 1331 of Title 43, Public Lands.

Amendments

2022—Pars. (45) to (56). Pub. L. 117–263 added pars. (45) and (46) and redesignated former pars. (45) to (54) as (47) to (56), respectively.

2018—Pub. L. 115–232 added undesignated par. defining "Commandant" after par. (4), substituted period for semicolon at end of par. (14), and redesignated pars. (1) to (48) as (1) to (54), respectively.

Par. (41). Pub. L. 115–282 designated existing provisions as subpar. (A), inserted "Subject to subparagraph (B)," before " 'scientific personnel' " and added subpar. (B).

2010—Par. (1)(B). Pub. L. 111–281, §618, as amended by Pub. L. 111–330, inserted "with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes," before "does not include".

Par. (19). Pub. L. 111–281, §617(a)(1)(A), struck out "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" after "means a motor vessel".

2006—Pars. (2) to (3a). Pub. L. 109–304, §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, §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, §15(2)(B), inserted "Prevention" after "Abuse".

Pars. (10), (10a). Pub. L. 109–304, §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, §301(a), added par. (10b).

Par. (12). Pub. L. 109–304, §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, §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, §15(2)(C), struck out "those" after "including".

Par. (22)(D). Pub. L. 109–241, §301(b), added subpar. (D).

Par. (26a). Pub. L. 109–241, §312(b), added par. (26a).

Par. (34). Pub. L. 109–304, §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, §301(c), added subpar. (E).

Par. (36). Pub. L. 109–304, §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, §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, §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, §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, §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, §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, §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, §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, §1104(a)(2), added par. (20a). Former par. (20a) redesignated (20b).

Par. (20b). Pub. L. 104–324, §1104(a)(1), redesignated par. (20a) as (20b).

Par. (22). Pub. L. 104–324, §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, §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, §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, §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, §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, §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, §507, added par. (5a).

Par. (19). Pub. L. 103–206, §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, §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, §506, added par. (21a).

Par. (22). Pub. L. 103–206, §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, §509, substituted "more than 6" for "at least 6".

Par. (35). Pub. L. 103–206, §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, §510, added par. (37a).

Par. (42). Pub. L. 103–206, §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, §104(a)(1), inserted ", except in part H," before "means".

Par. (46). Pub. L. 100–710, §104(a)(2), inserted "or titled under the law of a State" before period at end.

1986—Par. (11b). Pub. L. 99–640, §10(b)(1), inserted "freezing,".

Par. (14)(C). Pub. L. 99–307, §1(1), substituted "Materials" for "Material".

Par. (15a). Pub. L. 99–640, §11(a), added par. (15a).

Par. (17). Pub. L. 99–640, §13(d), inserted "or an educational institution under section 13 of the Coast Guard Authorization Act of 1986".

Par. (20a). Pub. L. 99–509, §5102(b)(1)(A), added par. (20a).

Par. (21)(A)(ii). Pub. L. 99–307, §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, §1(2)(D), struck out "or a sailing school vessel," after "passenger vessel".

Par. (21)(B)(v) to (vii). Pub. L. 99–307, §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, §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, §5102(b)(1)(B), added par. (47).

1984—Par. (3a). Pub. L. 98–454 added par. (3a).

Par. (11). Pub. L. 98–364, §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, §402(1)(B), added pars. (11a) to (11c).

Par. (21)(B). Pub. L. 98–557, §34(a)(1), inserted reference to a sailing school vessel in provisions preceding cl. (i).

Par. (21)(E). Pub. L. 98–364, §402(1)(C), added subpar. (E).

Par. (27). Pub. L. 98–557, §34(a)(2), designated existing provisions as subpar. (A) and added subpar. (B).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–330, §1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(9) is effective with the enactment of Pub. L. 111–281.

Effective Date of 1992 Amendment

Pub. L. 102–587, title V, §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.

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.

Towing Vessels Operating Outside Boundary Line

Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], §8402, Jan. 1, 2021, 134 Stat. 4720, provided that:

"(a) Definitions.—In this section—

"(1) the term 'Boundary Line' has the meaning given the term in section 103 of title 46, United States Code;

"(2) the term 'Officer in Charge, Marine Inspection' has the meaning given the term in section 3305(d)(4) of title 46, United States Code; and

"(3) the term 'Secretary' means the Secretary of the Department in which the Coast Guard is operating.

"(b) Interim Exemption.—A towing vessel described in subsection (c) and a response vessel included on a vessel response plan are exempt from any additional requirements of subtitle II of title 46, United States Code, and chapter I of title 33 and chapter I of title 46, Code of Federal Regulations (as in effect on the date of the enactment of this Act [Jan. 1, 2021]), that would result solely from such vessel operating outside the Boundary Line, if—

"(1) the vessel is—

"(A) operating outside the Boundary Line solely to perform regular harbor assist operations; or

"(B) listed as a response vessel on a vessel response plan and is operating outside the Boundary Line solely to perform duties of a response vessel;

"(2) the vessel is approved for operations outside the Boundary Line by the Officer in Charge, Marine Inspection and the Coast Guard Marine Safety Center; and

"(3) the vessel has sufficient manning and lifesaving equipment for all persons on board, in accordance with part 15 and section 141.225 of title 46, Code of Federal Regulations (or any successor regulation).

"(c) Applicability.—This section applies to a towing vessel—

"(1) that is subject to inspection under chapter 33 of title 46, United States Code, and subchapter M of chapter I of title 46, Code of Federal Regulations (or any successor regulation);

"(2) with only 'Lakes, Bays, and Sounds' or 'Rivers' routes recorded on such vessel's certificate of inspection pursuant to section 136.230 of title 46, Code of Federal Regulations (or any successor regulation);

"(3) that, with respect to a vessel described in subsection (b)(1)(A), is operating as a harbor assist vessel and regularly engaged in harbor assist operations, including the docking, undocking, mooring, unmooring, and escorting of vessels with limited maneuverability; and

"(4) that, with respect to a vessel that is described in subsection (b)(1)(B), is listed—

"(A) on a vessel response plan under part 155 of title 33, Code of Federal Regulations, on the date of approval of the vessel response plan; or

"(B) by name or reference in the vessel response plan's geographic-specific appendix on the date of approval of the vessel response plan.

"(d) Limitations.—A vessel exempted under subsection (b) is subject to the following operating limitations:

"(1) The voyage of a vessel described in subsection (b)(1)(A) shall—

"(A) be less than 12 hours in total duration;

"(B) originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and

"(C) occur no further than 10 nautical miles from the Boundary Line.

"(2) The voyage of a vessel described in subsection (b)(1)(B) shall—

"(A) originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and

"(B) either—

"(i) in the case of a voyage in the territorial waters of Alaska, Guam, Hawaii, American Samoa, and the Northern Mariana Islands, have sufficient manning as determined by the Secretary; or

"(ii) be less than 12 hours.

"(e) Safety.—

"(1) Safety restrictions.—The Officer in Charge, Marine Inspection for an inspection zone may restrict operations under the interim exemption provided under subsection (b) for safety purposes.

"(2) Comprehensive lists.—The Officer in Charge, Marine Inspection for an inspection zone shall maintain and periodically update a comprehensive list of all towing vessels described in subsection (c) that operate in the inspection zone.

"(3) Notification.—Not later than 24 hours prior to intended operations outside of the Boundary Line, a towing vessel exempted under subsection (b) shall notify the Office in Charge, Marine Inspection for the inspection zone of such operations. Such notification shall include—

"(A) the date, time, and length of voyage;

"(B) a crew list, with each crew member's credentials and work hours; and

"(C) an attestation from the master of the towing vessel that the vessel has sufficient manning and lifesaving equipment for all persons on board.

"(f) Briefing.—Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the following:

"(1) The impacts of the interim exemption provided under this section.

"(2) Any safety concerns regarding the expiration of such interim exemption.

"(3) Whether such interim exemption should be extended.

"(g) Termination.—The interim exemption provided under subsection (b) shall terminate on the date that is 2 years after the date of the enactment of this Act."

Fishing and Fish Tender Vessels

Pub. L. 103–206, title III, §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, §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, §5209, Nov. 4, 1992, 106 Stat. 5076, as amended by Pub. L. 105–383, title IV, §422, Nov. 13, 1998, 112 Stat. 3439; Pub. L. 111–281, title VI, §617(a)(1)(B), Oct. 15, 2010, 124 Stat. 2972, 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 of less than 500 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 of such title as prescribed by the Secretary under section 14104 of such title.

"(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."

Definitions of Terms Used in Title II of Pub. L. 115–265

Pub. L. 115–265, title II, §203, Oct. 11, 2018, 132 Stat. 3745, provided that: "In this title [see section 201 of Pub. L. 115–265, set out as a Short Title of 2018 Amendment note under section 101 of this title]:

"(1) Commandant.—The term 'Commandant' means the Commandant of the Coast Guard.

"(2) Recognized organization.—The term 'recognized organization' has the meaning given that term in section 2.45–1 of title 46, Code of Federal Regulations, as in effect on the date of the enactment of this Act [Oct. 11, 2018].

"(3) Secretary.—The term 'Secretary' means the Secretary of the department in which the Coast Guard is operating."

1 See References in Text note below.
46 U.S.C. § 15109 (2024) — Title 46: SHIPPING / Chapter 151 / Section 15109: Administration
Administration
Status: in_force

(a) Meetings.—

(1) In general.—Except as provided in paragraph (2), each committee established under this chapter or to which this chapter applies shall, at least once each year, meet at the call of the Secretary or a majority of the members of the committee.

(2) Minimum requirements.—The committee established under section 15102 shall—

(A) meet in-person, not less frequently than twice each year, at the call of the Secretary of a majority of the members of the committee;

(B) hold additional meetings as necessary;

(C) post the minutes of each meeting of the committee on a publicly available website not later than 2 weeks after the date on which a meeting concludes; and

(D) provide reasonable public notice of any meeting of the committee, and publish such notice in the Federal Register and on a publicly available website.

(b) Employee Status.—A member of a committee established under this chapter or to which this chapter applies shall not be considered an employee of the Federal Government by reason of service on such committee, except for the purposes of the following:

(1) Chapter 81 of title 5.

(2) Chapter 171 of title 28 and any other Federal law relating to tort liability.

(c) Compensation.—Notwithstanding subsection (b), a member of a committee established under this chapter or to which this chapter applies, when actually engaged in the performance of the duties of such committee, may—

(1) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5; or

(2) if not compensated in accordance with paragraph (1)—

(A) be reimbursed for actual and reasonable expenses incurred in the performance of such duties; or

(B) be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.

(d) Acceptance of Volunteer Services.—A member of a committee established under this chapter or to which this chapter applies may serve on such committee on a voluntary basis without pay without regard to section 1342 of title 31 or any other law.

(e) Status of Members.—

(1) In general.—Except as provided in paragraph (2), with respect to a member of a committee established under this chapter or to which this chapter applies whom the Secretary appoints to represent an entity or group—

(A) the member is authorized to represent the interests of the applicable entity or group; and

(B) requirements under Federal law that would interfere with such representation and that apply to a special Government employee (as defined in section 202(a) of title 18), including requirements relating to employee conduct, political activities, ethics, conflicts of interest, and corruption, do not apply to the member.

(2) Exception.—Notwithstanding subsection (b), a member of a committee established under this chapter or to which this chapter applies shall be treated as a special Government employee for purposes of the committee service of the member if—

(A) the Secretary appointed the member to represent the general public; or

(B) the member, without regard to service on the committee, is a special Government employee.

(f) Service on Committee.—

(1) Solicitation of nominations.—Before appointing an individual as a member of a committee established under this chapter or to which this chapter applies, the Secretary shall publish, in the Federal Register, a timely notice soliciting nominations for membership on such committee.

(2) Appointments.—

(A) In general.—After considering nominations received pursuant to a notice published under paragraph (1), the Secretary may, as necessary, appoint a member to the applicable committee established under this chapter or to which this chapter applies.

(B) Prohibition.—The Secretary shall not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to any committee established under this chapter or to which this chapter applies.

(3) Service at pleasure of the secretary.—

(A) In general.—Each member of a committee established under this chapter or to which this chapter applies shall serve at the pleasure of the Secretary.

(B) Exception.—Notwithstanding subparagraph (A), a member of the committee established under section 15102 may only be removed prior to the end of the term of that member for just cause.

(4) Security background examinations.—The Secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this chapter or to which this chapter applies.

(5) Prohibition.—

(A) In general.—Except as provided in subparagraph (B), a Federal employee may not be appointed as a member of a committee established under this chapter or to which this chapter applies.

(B) Special rule for national merchant marine personnel advisory committee.—The Secretary may appoint a Federal employee to serve as a member of the National Merchant Marine Personnel Advisory Committee to represent the interests of the United States Merchant Marine Academy and, notwithstanding paragraphs (1) and (2), may do so without soliciting, receiving, or considering nominations for such appointment.

(6) Terms.—

(A) In general.—The term of each member of a committee established under this chapter or to which this chapter applies shall expire on December 31 of the third full year after the effective date of the appointment.

(B) Continued service after term.—When the term of a member of a committee established under this chapter or to which this chapter applies ends, the member, for a period not to exceed 1 year, may continue to serve as a member until a successor is appointed.

(7) Vacancies.—A vacancy on a committee established under this chapter or to which this chapter applies shall be filled in the same manner as the original appointment.

(8) Special rule for reappointments.—

(A) Reappointment.—Notwithstanding paragraphs (1) and (2), the Secretary may reappoint a member of a committee established under this chapter or to which this chapter applies for any term, other than the first term of the member, without soliciting, receiving, or considering nominations for such appointment.

(B) Limitation.—With respect to the committee established under section 15102, members may serve not more than 3 terms.

(g) Staff Services.—The Secretary shall furnish to each committee established under this chapter or to which this chapter applies any staff and services considered by the Secretary to be necessary for the conduct of the committee's functions.

(h) Chairman; Vice Chairman.—

(1) In general.—Each committee established under this chapter or to which this chapter applies shall elect a Chairman and Vice Chairman from among the committee's members.

(2) Vice chairman acting as 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.

(i) Subcommittees and Working Groups.—

(1) In general.—The Chairman of a committee established under this chapter or to which this chapter applies may establish and disestablish subcommittees and working groups for any purpose consistent with the function of the committee.

(2) Participants.—Subject to conditions imposed by the Chairman, members of a committee established under this chapter or to which this chapter applies and additional individuals drawn from entities or groups designated by this chapter to be represented on the committee or the general public may be assigned to subcommittees and working groups established under paragraph (1).

(3) Chair.—Only committee members may chair subcommittees and working groups established under paragraph (1).

(j) Consultation, Advice, Reports, and Recommendations.—

(1) Consultation.—

(A) In general.—Before taking any significant action, the Secretary shall consult with, and consider the information, advice, and recommendations of, a committee established under this chapter or to which this chapter applies if the function of the committee is to advise the Secretary on matters related to the significant action.

(B) Inclusion.—For purposes of this paragraph, regulations proposed under chapter 45 of this title are significant actions.

(2) Advice, reports, and recommendations.—Each committee established under this chapter or to which this chapter applies shall submit, in writing, to the Secretary its advice, reports, and recommendations, in a form and at a frequency determined appropriate by the committee.

(3) Explanation of actions taken.—Not later than 60 days after the date on which the Secretary receives recommendations from a committee under paragraph (2), the Secretary shall—

(A) publish the recommendations on a website accessible at no charge to the public;

(B) if the recommendations are from the committee established under section 15102, establish a mechanism for the submission of public comments on the recommendations;

(C) respond, in writing, to the committee regarding the recommendations, including by providing an explanation of actions taken regarding the recommendations; and

(D) make all responses required by subparagraph (C) which are related to recommendations made by the committee established under section 15102 available to the public not later than 30 days after the date of response.

(4) Submission to congress.—

(A) In general.—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the advice, reports, and recommendations received from committees under paragraph (2).

(B) Additional submission.—With respect to a committee established under section 70112 and to which this section applies, the Secretary shall submit the advice, reports, and recommendations received from the committee under paragraph (2) to the Committee on Homeland Security of the House of Representatives in addition to the committees specified in subparagraph (A).

(k) Observers.—

(1) In general.—Any Federal agency with matters under such agency's administrative jurisdiction related to the function of a committee established under this chapter or to which this chapter applies may designate a representative to—

(A) attend any meeting of such committee; and

(B) participate as an observer at meetings of such committee that relate to such a matter.

(2) National commercial fishing safety advisory committee.—With respect to the committee established under section 15102, the Commandant of the Coast Guard shall designate a representative under paragraph (1).

(l) Technical Assistance.—

(1) In general.—The Secretary shall provide technical assistance to the Committee if requested by the Chairman.

(2) Committee consultation.—With respect to the committee established under section 15102, the Chairman of the committee shall seek expertise from the fishing industry, marine safety experts, the shipbuilding industry, and others as the committee determines appropriate.

(m) Termination.—Each committee established under this chapter or to which this chapter applies shall terminate on September 30, 2029.

(n) Savings Clause.—Nothing in this section shall preclude the Secretary from taking emergency action to ensure safety and preservation of life at sea.

(Added Pub. L. 115–282, title VI, §601(a), Dec. 4, 2018, 132 Stat. 4286; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §§8331(b), 8335(a)(2), title LVXXXV [LXXXV], §8505(b)(14), Jan. 1, 2021, 134 Stat. 4703, 4707, 4752; Pub. L. 118–159, div. C, title XXXV, §3535(e), Dec. 23, 2024, 138 Stat. 2315.)

Editorial Notes

Amendments

2024—Subsec. (a)(2). Pub. L. 118–159, §3535(e)(1), substituted "15102" for "15102," in introductory provisions.

Subsec. (k)(1). Pub. L. 118–159, §3535(e)(2), inserted "or to which this chapter applies" after "under this chapter" in introductory provisions.

2021—Pub. L. 116–283, §8331(b), inserted "or to which this chapter applies" after "committee established under this chapter" wherever appearing. The phrase "committee established under this chapter" in subsec. (k) was added subsequent to this amendment, and therefore the inserted phrase does not appear there. See subsec. (k) Amendment note below.

Subsec. (a). Pub. L. 116–283, §8335(a)(2)(A), designated existing provisions as par. (1), inserted heading, substituted "Except as provided in paragraph (2), each" for "Each", and added par. (2).

Subsec. (f)(8). Pub. L. 116–283, §8335(a)(2)(B), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

Subsec. (i)(2). Pub. L. 116–283, §8505(b)(14), substituted "additional individuals" for "additional persons".

Subsec. (j)(3)(D). Pub. L. 116–283, §8335(a)(2)(C), added subpar. (D).

Subsec. (k). Pub. L. 116–283, §8335(a)(2)(D), amended subsec. (k) generally. Prior to amendment, text read as follows: "Any Federal agency with matters under such agency's administrative jurisdiction related to the function of a committee established under this chapter or to which this chapter applies may designate a representative to—

"(1) attend any meeting of such committee; and

"(2) participate as an observer at meetings of such committee that relate to such a matter."

Subsec. (l). Pub. L. 116–283, §8335(a)(2)(G), added subsec. (l). Former subsec. (l) redesignated (m).

Pub. L. 116–283, §8335(a)(2)(E), substituted "2029" for "2027".

Subsec. (m). Pub. L. 116–283, §8335(a)(2)(F), redesignated subsec. (l) as (m).

Subsec. (n). Pub. L. 116–283, §8335(a)(2)(H), added subsec. (n).
46 U.S.C. § 41101 (2024) — Title 46: SHIPPING / Chapter 411 / Section 41101: Joint ventures and consortiums
Joint ventures and consortiums
Status: in_force

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.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1540.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

41101
46 App.:1709(e).
Pub. L. 98–237, §10(e), Mar. 20, 1984, 98 Stat. 80.
46 U.S.C. § 40902 (2024) — Title 46: SHIPPING / Chapter 409 / Section 40902: Financial responsibility
Financial responsibility
Status: in_force

(a) In General.—A person may not advertise, hold oneself out, or 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.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1538; Pub. L. 115–282, title VII, §707(c), Dec. 4, 2018, 132 Stat. 4295.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

40902
46 App.:1718(b).
Pub. L. 98–237, §19(b), Mar. 20, 1984; added Pub. L. 105–258, title I, §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.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–282 inserted "advertise, hold oneself out, or" after "may not" in introductory provisions.
46 U.S.C. § 3719 (2024) — Title 46: SHIPPING / Chapter 37 / Section 3719: Reduction of oil spills from single hull non-self-propelled tank vessels
Reduction of oil spills from single hull non-self-propelled tank vessels
Status: in_force

The Secretary shall, in consultation with the National 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).

(Added Pub. L. 104–324, title IX, §901(a), Oct. 19, 1996, 110 Stat. 3946; amended Pub. L. 115–282, title VI, §601(c)(6)(B)(i), Dec. 4, 2018, 132 Stat. 4290.)

Editorial Notes

Amendments

2018—Pub. L. 115–282 inserted "National" before "Towing Safety" in introductory provisions.

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 104–324, title IX, §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."
46 U.S.C. § 31107 (2024) — Title 46: SHIPPING / Chapter 311 / Section 31107: Interest
Interest
Status: in_force

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.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1522.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

31107
46 App.:782 (last sentence words after last comma).
Mar. 3, 1925, ch. 428, §2 (last sentence words after last comma), 43 Stat. 1112.
46 U.S.C. § 53204 (2024) — Title 46: SHIPPING / Chapter 532 / Section 53204: Effectiveness of operating agreements
Effectiveness of operating agreements
Status: in_force

(a) Effectiveness Generally.—The Secretary may enter into an Operating Agreement under this chapter for fiscal year 2021. Except as provided in subsection (d), the agreement shall be effective only for one fiscal year, but shall be renewable, subject to available appropriations, for each subsequent year.

(b) Vessels Under Charter to the United States.—Vessels under charter to the United States are eligible to receive payments pursuant to their Operating Agreements.

(c) Termination.—

(1) Termination by the 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 for it 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 a contractor.—An Operating Agreement under this chapter shall terminate on a date specified by the Contractor if the Contractor notifies the Secretary, not fewer than 60 days prior to the effective date of the termination, that the Contractor intends to terminate the Agreement.

(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 for all Operating Agreements, 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. If only partial funding is appropriated by the 60th day of such fiscal year, then the Secretary, in consultation with the Operating Agency, shall select the vessels to retain under Operating Agreements, based on their determinations of which vessels are most useful for national security. In the event that no funds are appropriated, then no Operating Agreements shall be renewed and each Contractor shall be released from its obligations under the Operating Agreement. Final payments under an Operating Agreement that is not renewed shall be made in accordance with section 53206. To the extent that sufficient funds are appropriated in a subsequent fiscal year, an Operating Agreement that has not been renewed pursuant to this subsection may be reinstated if mutually acceptable to the Secretary, in consultation with the Operating Agency, and the Contractor, provided the vessel remains eligible for participation pursuant to section 53202, without regard to subsection 53202 (b)(3).

(e) Release of Vessels From Obligations.—If funds are not appropriated for payments under an Operating Agreement under this chapter for any fiscal year by the 60th day of a fiscal year, and the Secretary, in consultation with the Operating Agency determines to not renew a Contractor's Operating Agreement for a vessel, then—

(1) each vessel covered by the Operating Agreement that is not renewed is thereby released from any further obligation under the Operating Agreement;

(2) the owner or operator of the vessel whose Operating Agreement was not renewed may transfer and register such vessel under a foreign registry that is acceptable to the Secretary and the Operating Agency, notwithstanding section 56101 of this title; and

(3) if chapter 563 of this title is applicable to such vessel after registration, then the vessel is available to be requisitioned by the Secretary pursuant to chapter 563.

(Added Pub. L. 116–92, div. C, title XXXV, §3521(a), Dec. 20, 2019, 133 Stat. 1993.)
46 U.S.C. § 7704 (2024) — Title 46: SHIPPING / Chapter 77 / Section 7704: Dangerous drugs as grounds for revocation
Dangerous drugs as grounds for revocation
Status: in_force

(a) 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.

(b) 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.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99–36, §1(a)(9)(F), (G), May 15, 1985, 99 Stat. 68; Pub. L. 101–380, title IV, §4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511; Pub. L. 108–293, title IV, §402, Aug. 9, 2004, 118 Stat. 1043; Pub. L. 115–232, div. C, title XXXV, §3545(b), Aug. 13, 2018, 132 Stat. 2326.)

Historical and Revision Notes

Revised sectionSource 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.

Editorial Notes

Amendments

2018—Subsecs. (a) to (c). Pub. L. 115–232 redesignated subsecs. (b) and (c) as (a) and (b), respectively.

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, §1(a)(9)(F), substituted "merchant mariner's document" for first reference to "document".

Subsec. (c). Pub. L. 99–36, §1(a)(9)(G), substituted "certificate of registry, or merchant mariner's document" for "certificate, or document".

Statutory Notes and Related Subsidiaries

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.
46 U.S.C. § 70110 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70110: Actions and assistance for foreign ports or facilities and United States territories
Actions and assistance for foreign ports or facilities and United States territories
Status: in_force

(a) In General.—Unless the Secretary finds that a foreign port or facility maintains effective antiterrorism measures, the Secretary—

(1) may prescribe conditions of entry into the United States for any vessel arriving from that port or facility, or any vessel carrying cargo or passengers originating from or transshipped through that port or facility;

(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 or facility shall take effect—

(1) 90 days after the government of the foreign country with jurisdiction over or control of that port or facility is notified under section 70109 unless the Secretary finds that the government has brought the antiterrorism measures at the port or facility 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 or facility.

(c) State Department To Be Notified.—The Secretary immediately shall notify the Secretary of State of a finding that a port or facility 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 or facility.

(e) Assistance for Foreign Ports, Facilities, 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 or facility security antiterrorism measures in foreign countries and territories of the United States. The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports and facilities that are found by the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of port or facility security 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 or facility 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.

(f) Coast Guard Assistance Program.—

(1) In general.—The Secretary may lend, lease, donate, or otherwise provide equipment, and provide technical training and support, to the owner or operator of a foreign port or facility—

(A) to assist in bringing the port or facility into compliance with applicable International Ship and Port Facility Code standards; and

(B) to assist the port or facility in correcting deficiencies identified in periodic port assessments and reassessments required under section 70108 of this title.

(2) Conditions.—The Secretary—

(A) may provide such assistance based upon an assessment of the risks to the security of the United States and the inability of the owner or operator of the port or facility to bring the port or facility into compliance with those standards and to maintain compliance with, or exceed, such standards;

(B) may not provide such assistance unless the port or facility has been subjected to a comprehensive port security assessment by the Coast Guard; and

(C) may only lend, lease, or otherwise provide equipment that the Secretary has first determined is not required by the Coast Guard for the performance of its missions.

(Added Pub. L. 107–295, title I, §102(a), Nov. 25, 2002, 116 Stat. 2080; amended Pub. L. 109–347, title II, §233(b), Oct. 13, 2006, 120 Stat. 1917; Pub. L. 111–281, title VIII, §806(a)(3)–(c)(2)(A), Oct. 15, 2010, 124 Stat. 2992, 2993; Pub. L. 111–330, §1(12), Dec. 22, 2010, 124 Stat. 3570.)

Editorial Notes

Amendments

2010—Pub. L. 111–281, §806(c)(2)(A)(i), as amended by Pub. L. 111–330, inserted "or facilities" after "ports" in section catchline.

Pub. L. 111–281, §806(c)(2)(A)(ii), inserted "or facility" after "port" wherever appearing except in subsec. (f), which was added by Pub. L. 111–281, §806(b), to reflect the probable intent of Congress.

Subsec. (a). Pub. L. 111–281, §806(a)(3), substituted "Unless the Secretary finds that a foreign port maintains effective antiterrorism measures," for "If the Secretary finds that a foreign port does not maintain effective antiterrorism measures,".

Subsec. (e). Pub. L. 111–281, §806(c)(2)(A)(iii), substituted "Ports, Facilities," for "Ports" in heading.

Subsec. (e)(1). Pub. L. 111–281, §806(c)(1), substituted "The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports and facilities that are found by the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of port security antiterrorism measures." for "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."

Subsec. (f). Pub. L. 111–281, §806(b), added subsec. (f).

2006—Pub. L. 109–347, §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, §233(b)(2), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–330, §1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(12) is effective with the enactment of Pub. L. 111–281.
46 U.S.C. § 70001 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter I / Section 70001: Vessel traffic services
Vessel traffic services
Status: in_force

(a) In General.—Subject to the requirements of section 70004, the Secretary—

(1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 70005, may construct, operate, maintain, improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways;

(2) shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service;

(3) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety, except that the Secretary shall not require fishing vessels under 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter;

(4) may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances, by—

(A) specifying times of entry, movement, or departure;

(B) establishing vessel traffic routing schemes;

(C) establishing vessel size, speed, or draft limitations and vessel operating conditions; and

(D) restricting operation, in any hazardous area or under hazardous conditions, to vessels that have particular operating characteristics or capabilities that the Secretary considers necessary for safe operation under the circumstances;

(5) may require the receipt of prearrival messages from any vessel, destined for a port or place subject to the jurisdiction of the United States, in sufficient time to permit advance vessel traffic planning before port entry, which shall include any information that is not already a matter of record and that the Secretary determines necessary for the control of the vessel and the safety of the port or the marine environment; and

(6) may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority shall not apply to electronic or other devices certified to transmit in the maritime services by the Federal Communications Commission and used within the frequency bands 157.1875–157.4375 MHz and 161.7875–162.0375 MHz.

(b) National Policy.—

(1) Establishment and update of national policy.—

(A) Establishment of policy.—Not later than one year after the date of enactment of this section, the Secretary shall establish a national policy which is inclusive of local variances permitted under subsection (c), to be applied to all vessel traffic service centers and publish such policy in the Federal Register.

(B) Update.—The Secretary shall periodically update the national policy established under subparagraph (A) and shall publish such update in the Federal Register or on a publicly available website.

(2) Elements.—The national policy established and updated under paragraph (1) shall include, at a minimum, the following:

(A) Standardization of titles, roles, and responsibilities for all personnel assigned, working, or employed in a vessel traffic service center.

(B) Standardization of organizational structure within vessel traffic service centers, to include supervisory and reporting chain and processes.

(C) Establishment of directives for the application of authority provided to each vessel traffic service center, specifically with respect to directing or controlling vessel movement when such action is justified in the interest of safety.

(D) Establishment of thresholds and measures for monitoring, informing, recommending, and directing vessel traffic.

(E) Establishment of national procedures and protocols for vessel traffic management.

(F) Standardization of training for all vessel traffic service directors, operators, and watchstanders.

(G) Establishment of certification and competency evaluation for all vessel traffic service directors, operators, and watchstanders.

(H) Establishment of standard operating language when communicating with vessel traffic users.

(I) Establishment of data collection, storage, management, archiving, and dissemination policies and procedures for vessel incidents and near-miss incidents.

(c) Local Variances.—

(1) Development.—In this section, the Secretary may provide for such local variances as the Secretary considers appropriate to account for the unique vessel traffic, waterway characteristics, and any additional factors that are appropriate to enhance navigational safety in any area where vessel traffic services are provided.

(2) Review and approval by secretary.—The Captain of the Port covered by a vessel traffic service center may develop and submit to the Secretary regional policies in addition to the national policy established and updated under subsection (b) to account for variances from that national policy with respect to local vessel traffic conditions and volume, geography, water body characteristics, waterway usage, and any additional factors that the Captain considers appropriate.

(3) Review and implementation.—Not later than 180 days after receiving regional policies under paragraph (2)—

(A) the Secretary shall review such regional policies; and

(B) the Captain of the port concerned shall implement the policies that the Secretary approves.

(4) Maintenance.—The Secretary shall maintain a central depository for all local variances approved under this section.

(d) Cooperative Agreements.—

(1) In general.—The Secretary may enter into cooperative agreements with public or private agencies, authorities, associations, institutions, corporations, organizations, or other persons to carry out the functions under subsection (a)(1).

(2) International coordination.—With respect to vessel traffic service areas that cross international boundaries, the Secretary may enter into bilateral or cooperative agreements with international partners to jointly carry out the functions under subsection (a)(1) and to jointly manage such areas to collect, share, assess, and analyze information in the possession or control of the international partner.

(3) Limitation.—

(A) Inherently governmental function.—A nongovernmental entity may not under this subsection carry out an inherently governmental function.

(B) Definition of inherently governmental function.—In this paragraph, the term "inherently governmental function" means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of judgment in making a decision for the Government.

(4) Disclosure.—The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near miss incidents.

(e) Performance Evaluation.—

(1) In general.—The Secretary shall develop and implement a standard method for evaluating the performance of vessel traffic service centers.

(2) Elements.—The standard method developed and implemented under paragraph (1) shall include, at a minimum, analysis and collection of data with respect to the following within a vessel traffic service area covered by each vessel traffic service center:

(A) Volume of vessel traffic, categorized by type of vessel.

(B) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means.

(C) Data on near-miss incidents.

(D) Data on marine casualties.

(E) Application by vessel traffic operators of traffic management authority during near-miss incidents and marine casualties.

(F) Other additional methods as the Secretary considers appropriate.

(3) Report.—Not later than 1 year after the date of the enactment of this paragraph, and biennially thereafter, the Secretary shall submit to 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 evaluation conducted under paragraph (1) of the performance of vessel traffic service centers, including—

(A) recommendations to improve safety and performance; and

(B) data regarding marine casualties and near-miss incidents that have occurred during the period covered by the report.

(f) Risk Assessment Program.—

(1) In general.—The Secretary shall develop a continuous risk assessment program to evaluate and mitigate safety risks for each vessel traffic service area to improve safety and reduce the risks of oil and hazardous material discharge in navigable waters.

(2) Method for assessment.—The Secretary, in coordination with stakeholders and the public, shall develop a standard method for conducting risk assessments under paragraph (1) that includes the collection and management of all information necessary to identify and analyze potential hazardous navigational trends within a vessel traffic service area.

(3) Information to be assessed.—

(A) In general.—The Secretary shall ensure that a risk assessment conducted under paragraph (1) includes an assessment of the following:

(i) Volume of vessel traffic, categorized by type of vessel.

(ii) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means.

(iii) Data on near-miss events incidents.

(iv) Data on marine casualties.

(v) Geographic locations for near-miss events incidents and marine casualties, including latitude and longitude.

(vi) Cyclical risk factors such as weather, seasonal water body currents, tides, bathymetry, and topography.

(vii) Weather data, in coordination with the National Oceanic and Atmospheric Administration.

(B) Information storage and management policies.—The Secretary shall retain all information collected under subparagraph (A) and ensure policies and procedures are in place to standardize the format in which that information is retained to facilitate statistical analysis of that information to calculate within a vessel traffic service area, at a minimum, the incident rate, intervention rate, and casualty prevention rate.

(4) Public availability.—

(A) Assessments and information.—In accordance with section 552 of title 5, the Secretary shall make any risk assessments conducted under paragraph (1) and any information collected under paragraph (3)(A) available to the public.

(B) Information in possession or control of international partners.—The Secretary shall endeavor to coordinate with international partners as described in subsection (d)(2) to enter into agreements to make information collected, shared, and analyzed under that paragraph available to the public.

(C) Disclosure.—The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near-miss incidents.

(g) Vessel Traffic Service Training.—

(1) Training program.—

(A) In general.—The Secretary shall develop a comprehensive nationwide training program for all vessel traffic service directors, operators, and watchstanders.

(B) Elements.—The comprehensive nationwide training program under subparagraph (A) and any variances to that program under subsection (c) shall include, at a minimum, the following:

(i) Realistic vessel traffic scenarios to the maximum extent practicable that integrate—

(I) the national policy developed under subsection (b);

(II) international rules under the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.);

(III) inland navigation rules under part 83 of title 33, Code of Federal Regulations;

(IV) the application of vessel traffic authority; and

(V) communication with vessel traffic service users.

(ii) Proficiency training with respect to use, interpretation, and integration of available data on vessel traffic service display systems such as radar, and vessel automatic identification system feeds.

(iii) Practical application of—

(I) the international rules under the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.); and

(II) the inland navigation rules under part 83 of title 33, Code of Federal Regulations.

(iv) Proficiency training with respect to the operation of radio communications equipment and any other applicable systems necessary to execute vessel traffic service authorities.

(v) Incorporation of the Standard Marine Communication Phrases adopted by the International Maritime Organization by resolution on April 4, 2000, as amended and consolidated, or any successor resolution.

(vi) Incorporation to the maximum extent possible of guidance and recommendations contained in vessel traffic services operator training, vessel traffic services supervisor training, or other relevant training set forth by the International Association of Marine Aids to Navigation and Lighthouse Authorities.

(vii) A minimum number of hours of training for an individual to complete before the individual is qualified to fill a vessel traffic services position without supervision.

(viii) Local area geographic and operational familiarization.

(ix) Such additional components as the Secretary considers appropriate.

(2) Standard competency qualification process.—

(A) In general.—The Secretary shall develop a standard competency qualification process to be applied to all personnel assigned, employed, or working in a vessel traffic service center.

(B) Application of process.—The competency qualification process developed under subparagraph (A) shall include measurable thresholds for determining proficiency.

(3) International and inland navigation rules test.—

(A) In general.—All personnel assigned, employed, or working in a vessel traffic service center with responsibilities that include communicating, interacting, or directing vessels within a vessel traffic service area, as determined under the national policy developed under subsection (b), shall be required to pass a United States international and inland navigation rules test developed by the Secretary.

(B) Elements of test.—The Secretary shall determine the content and passing standard for the rules test developed under subparagraph (A).

(C) Testing frequency.—The Secretary shall establish a frequency, not to exceed once every 5 years, for personnel described in subparagraph (A) to be required to pass the rules test developed under such subparagraph.

(h) Research on Vessel Traffic.—

(1) Vessel communication.—The Secretary shall conduct research, in consultation with subject matter experts identified by the Secretary, to develop more effective procedures for monitoring vessel communications on radio frequencies to identify and address unsafe situations in a vessel traffic service area. The Secretary shall consider data collected under subparagraph (A) of subsection (f)(3).

(2) Professional mariner representation.—

(A) In general.—The Secretary shall conduct research, in consultation with local stakeholders and subject matter experts identified by the Secretary, to evaluate and determine the feasibility, costs and benefits of representation by professional mariners on the vessel traffic service watchfloor at each vessel traffic service center.

(B) Implementation.—The Secretary shall implement representation by professional mariners on the vessel traffic service watchfloor at those vessel traffic service centers for which it is determined feasible and beneficial pursuant to research conducted under subparagraph (A).

(i) Inclusion of Identification System on Certain Vessels.—

(1) In general.—The National Navigation Safety Advisory Committee shall advise and provide recommendations to the Secretary on matters relating to the practicability, economic costs, regulatory burden, and navigational impact of outfitting vessels lacking independent means of propulsion that carry flammable, combustible, or hazardous liquid cargo with vessel automatic identification systems.

(2) Regulations.—Based on the evaluation under paragraph (1), the Secretary shall prescribe such regulations as the Secretary considers appropriate to establish requirements relating to the outfitting of vessels described in such subparagraph with vessel automatic identification systems.

(j) Periodic Review of Vessel Traffic Service Needs.—

(1) In general.—Based on the performance evaluation conducted under subsection (e) and the risk assessment conducted under subsection (f), the Secretary shall periodically review vessel traffic service areas to determine—

(A) if there are any additional vessel traffic service needs in those areas; and

(B) if a vessel traffic service area should be moved or modified.

(2) Information to be assessed.—

(A) In general.—The Secretary shall ensure that a review conducted under paragraph (1) includes an assessment of the following:

(i) Volume of vessel traffic, categorized by type of vessel.

(ii) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means.

(iii) Data on near miss incidents.

(iv) Data on marine casualties.

(v) Geographic locations for near-miss incidents and marine casualties, including latitude and longitude.

(vi) Cyclical risk factors such as weather, seasonal water body currents, tides, bathymetry, and topography.

(vii) Weather data, in coordination with the National Oceanic and Atmospheric Administration.

(3) Stakeholder input.—In conducting the periodic reviews under paragraph (1), the Secretary shall seek input from port and waterway stakeholders to identify areas of increased vessel conflicts or marine casualties that could benefit from the use of routing measures or vessel traffic service special areas to improve safety, port security, and environmental protection.

(4) Disclosure.—The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near miss incidents.

(k) Limitation of Liability for Coast Guard Vessel Traffic Service Pilots and Non-Federal Vessel Traffic Service Operators.—

(1) Coast guard vessel traffic service pilots.—Any pilot, acting in the course and scope of his or her duties while at a Coast Guard Vessel Traffic Service Center, 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.

(2) Non-federal vessel traffic service operators.—An entity operating a non-Federal vessel traffic information service or advisory service pursuant to a duly executed written agreement with the Coast Guard, and any pilot acting on behalf of such entity, is not liable for damages caused by or related to information, advice, or communication assistance provided by such entity or pilot while so operating or acting unless the acts or omissions of such entity or pilot constitute gross negligence or willful misconduct.

(l) Existing Authority.—Nothing in this section shall be construed to alter the existing authorities of the Secretary to enhance navigation, vessel safety, marine environmental protection, and to ensure safety and preservation of life and property at sea.

(m) Definitions.—In this section:

(1) Hazardous liquid cargo.—The term "hazardous liquid cargo" has the meaning given that term in regulations prescribed under section 5103 of title 49.

(2) Marine casualty.—The term "marine casualty" has the meaning given that term in regulations prescribed under section 6101(a).

(3) Vessel traffic service area.—The term "vessel traffic service area" means an area specified in subpart C of part 161 of title 33, Code of Federal Regulations, or any successor regulation.

(4) Vessel traffic service center.—The term "vessel traffic service center" means a center for the provision of vessel traffic services in a vessel traffic service area.

(5) Near miss incident.—The term "near miss incident" means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the substantial threat of a marine casualty.

(6) De-identified.—The term "de-identified" means the process by which all information that is likely to establish the identity of the specific persons or entities noted in the reports, data, or other information is removed from the reports, data, or other information.

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4253; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8345, Jan. 1, 2021, 134 Stat. 4711.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (b)(1)(A), probably means the date of enactment of Pub. L. 116–283, which amended this section generally and was approved Jan. 1, 2021.

The date of the enactment of this paragraph, referred to in subsec. (e)(3), is the date of enactment of Pub. L. 116–283, which was approved Jan. 1, 2021.

The International Navigational Rules Act of 1977, referred to in subsec. (g)(1)(B)(i)(II), (iii)(I), is Pub. L. 95–75, July 27, 1977, 91 Stat. 308, which is classified principally to chapter 30 (§1601 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 1601 of Title 33 and Tables.

Amendments

2021—Pub. L. 116–283 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to establishment of vessel traffic services, cooperative agreements, and limitation of liability for Coast Guard Vessel Traffic Service pilots and non-federal vessel traffic service operators, respectively.

Statutory Notes and Related Subsidiaries

No Wake Zones in Navigation Channels

Pub. L. 114–322, title I, §1149, Dec. 16, 2016, 130 Stat. 1660, as amended by Pub. L. 116–260, div. AA, title III, §347, Dec. 27, 2020, 134 Stat. 2715, provided that:

"(a) In General.—At the request of a State or local official, the Secretary [of the Army], in consultation with the Commandant of the Coast Guard, shall promptly identify and, subject to the considerations in subsection (b), allow the implementation of measures for addressing navigation safety hazards in a covered navigation channel resulting from wakes created by covered vessels identified by such official, while maintaining the navigability of the channel.

"(b) Considerations.—In identifying measures under subsection (a) with respect to a covered navigation channel, the Secretary shall consider, at a minimum, whether—

"(1) State or local law enforcement officers have documented the existence of safety hazards in the channel that are the direct result of excessive wakes from covered vessels present in the channel;

"(2) the Secretary has made a determination that safety concerns exist in the channel and that the proposed measures will remedy those concerns without significant impacts to the navigable capacity of the channel; and

"(3) the measures are consistent with any recommendations made by the Commandant of the Coast Guard to ensure the safety of vessels operating in the channel and the safety of the passengers and crew aboard such vessels.

"(c) Definitions.—In this section:

"(1) Covered navigation channel.—The term 'covered navigation channel' means a navigation channel that—

"(A) is federally marked or maintained;

"(B) is part of the Atlantic Intracoastal Waterway; and

"(C) is adjacent to a marina.

"(2) Covered vessel.—The term 'covered vessel' means a recreational vessel or an uninspected passenger vessel, as such terms are defined in section 2101 of title 46, United States Code.

"(d) Savings Clause.—Nothing in this section shall be construed to relieve the master, pilot, or other person responsible for determining the speed of a vessel from the obligation to comply with the inland navigation regulations promulgated pursuant to section 3 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2071) or any other applicable laws or regulations governing the safe navigation of a vessel."

Notice of Arrival for Foreign Vessels on the Outer Continental Shelf

Pub. L. 112–213, title VII, §704, Dec. 20, 2012, 126 Stat. 1580, provided that: "The regulations required under section 109(a) of the Security and Accountability For Every Port Act of 2006 [Pub. L. 109–347] (33 U.S.C. 1223 note) [now 46 U.S.C. 70001 note] dealing with notice of arrival requirements for foreign vessels on the Outer Continental Shelf shall not apply to a vessel documented under section 12105 of title 46, United States Code, unless the vessel arrives from a foreign port or place."

Pub. L. 109–347, title I, §109, Oct. 13, 2006, 120 Stat. 1893, provided that:

"(a) Notice of Arrival.—Not later than 180 days after the date of the enactment of this Act [Oct. 13, 2006], the Secretary of the department in which the Coast Guard is operating shall update and finalize the rulemaking on notice of arrival for foreign vessels on the Outer Continental Shelf.

"(b) Content of Regulations.—The regulations promulgated pursuant to subsection (a) shall be consistent with information required under the Notice of Arrival under section 160.206 of title 33, Code of Federal Regulations, as in effect on the date of the enactment of this Act [Oct. 13, 2006]."
46 U.S.C. § 70504 (2024) — Title 46: SHIPPING / Chapter 705 / Section 70504: Jurisdiction and venue
Jurisdiction and venue
Status: in_force

(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 or 70508—

(1) shall be tried in the district in which such offense was committed; or

(2) if the offense was begun or committed upon the high seas, or elsewhere outside the jurisdiction of any particular State or district, may be tried in any district.

(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 110–407, title II, §202(b)(2), Oct. 13, 2008, 122 Stat. 4300; Pub. L. 115–91, div. A, title X, §1012(a), Dec. 12, 2017, 131 Stat. 1546.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70504
46 App.:1903(f).
Pub. L. 96–350, §3(f), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, §3202, Oct. 27, 1986, 100 Stat. 3207–97; Pub. L. 99–640, §17, Nov. 10, 1986, 100 Stat. 3554; Pub. L. 104–324, §1138(a)(5), Oct. 19, 1996, 110 Stat. 3989.

Editorial Notes

Amendments

2017—Subsec. (b). Pub. L. 115–91 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

"(b) Venue.—A person violating section 70503 or 70508 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."

2008—Subsec. (b). Pub. L. 110–407 inserted "or 70508" after "70503" in introductory provisions.
46 U.S.C. § 12136 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter III / Section 12136: Surrender of certificates of documentation
Surrender of certificates of documentation
Status: in_force

(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.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1506.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

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.

Statutory Notes and Related Subsidiaries

Documentation Surrender and Invalidation

Pub. L. 101–225, title III, §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."
46 U.S.C. § 70122 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70122: Waterway Watch Program
Waterway Watch Program
Status: in_force

(a) Program Established.—There is hereby established, within the Coast Guard, the America's Waterway Watch Program.

(b) Purpose.—The Secretary shall administer the Program in a manner that promotes voluntary reporting of activities that may indicate that a person or persons may be preparing to engage or engaging in a violation of law relating to a threat or an act of terrorism (as that term is defined in section 3077 of title 18) against a vessel, facility, port, or waterway.

(c) Information; Training.—

(1) Information.—The Secretary may establish, as an element of the Program, a network of individuals and community-based organizations that encourage the public and industry to recognize activities referred to in subsection (b), promote voluntary reporting of such activity, and enhance the situational awareness within the Nation's ports and waterways. Such network shall, to the extent practicable, be conducted in cooperation with Federal, State, and local law enforcement agencies.

(2) Training.—The Secretary may provide training in—

(A) observing and reporting on covered activities; and

(B) sharing such reports and coordinating the response by Federal, State, and local law enforcement agencies.

(d) Voluntary Participation.—Participation in the Program—

(1) shall be wholly voluntary;

(2) shall not be a prerequisite to eligibility for, or receipt of, any other service or assistance from, or to participation in, any other program of any kind; and

(3) shall not require disclosure of information regarding the individual reporting covered activities or, for proprietary purposes, the location of such individual.

(e) Coordination.—The Secretary shall coordinate the Program with other like watch programs. The Secretary shall submit, concurrent with the President's budget submission for each fiscal year, a report on coordination of the Program and like watch programs within the Department of Homeland Security to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives.

(f) Authorization of Appropriations.—There are authorized to be appropriated for the purposes of this section $3,000,000 for each of fiscal years 2011 through 2016. Such funds shall remain available until expended.

(Added Pub. L. 111–281, title VIII, §801(a), Oct. 15, 2010, 124 Stat. 2988; amended Pub. L. 114–120, title III, §306(a)(11), Feb. 8, 2016, 130 Stat. 55.)

Editorial Notes

Amendments

2016—Pub. L. 114–120 substituted "Watch Program" for "watch program" in section catchline.
46 U.S.C. § 3201 (2024) — Title 46: SHIPPING / Chapter 32 / Section 3201: Definitions
Definitions
Status: in_force

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.

(Added Pub. L. 104–324, title VI, §602(a), Oct. 19, 1996, 110 Stat. 3928.)

Statutory Notes and Related Subsidiaries

Safety Management System

Pub. L. 115–265, title II, §205, Oct. 11, 2018, 132 Stat. 3745, provided that:

"(a) In General.—The Comptroller General of the United States shall conduct an audit regarding the implementation and effectiveness of the Coast Guard's oversight and enforcement of safety management plans required under chapter 32 of title 46, United States Code.

"(b) Scope.—The audit conducted under subsection (a) shall include an evaluation of—

"(1) the effectiveness and implementation of safety management plans, including such plans for—

"(A) a range of vessel types and sizes; and

"(B) vessels that operate in a cross-section of regional operating areas; and

"(2) the effectiveness and implementation of safety management plans in addressing the impact of heavy weather.

"(c) Report.—Not later than 18 months after the date of enactment of this Act [Oct. 11, 2018], the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the results of the audit and providing recommendations related to such results, including ways to streamline and focus such plans on ship safety.

"(d) Marine Safety Alert.—Not later than 60 days after the date the report is submitted under subsection (c), the Commandant [of the Coast Guard] shall publish a Marine Safety Alert providing notification of the completion of the report and including a link to the report on a publicly accessible website.

"(e) Additional Actions.—

"(1) In general.—Upon completion of the report under subsection (c), the Commandant shall consider additional guidance or a rulemaking to address any deficiencies identified, and any additional actions recommended, in the report.

"(2) Report.—Not later than 1 year after the date the report is submitted under subsection (c), the Commandant shall submit to 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 actions the Commandant has taken to address any deficiencies identified, and any additional actions recommended, in the report submitted under subsection (c)."

Timely Weather Forecasts and Hazard Advisories for Merchant Mariners

Pub. L. 115–265, title II, §216, Oct. 11, 2018, 132 Stat. 3751, provided that: "Not later than 1 year after the date of enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall seek to enter into negotiations through the International Maritime Organization to amend the International Convention for the Safety of Life at Sea to require that vessels subject to the requirements of such Convention receive—

"(1) timely synoptic and graphical chart weather forecasts; and

"(2) where available, timely hazard advisories for merchant mariners, including broadcasts of tropical cyclone forecasts and advisories, intermediate public advisories, and tropical cyclone updates to mariners via appropriate technologies."

Safety Management Code Report and Policy

Pub. L. 105–383, title III, §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, §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.
46 U.S.C. § 70118 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70118: Enforcement by State and local officers
Enforcement by State and local officers
Status: in_force

(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 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) 1 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.

(Added Pub. L. 108–293, title VIII, §801(a), Aug. 9, 2004, 118 Stat. 1078, §70119; renumbered §70118, Pub. L. 109–241, title IX, §901(l)(1), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, §15(33)(A), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, §3529(c)(1), Jan. 28, 2008, 122 Stat. 603.)

Editorial Notes

References in Text

Section 1 of title II of the Act of June 15, 1917, referred to in subsec. (a), which was classified to section 191 of Title 50, War and National Defense, was redesignated and transferred to section 70051 of this title by Pub. L. 115–282, title IV, §407(b)(1), (5), Dec. 4, 2018, 132 Stat. 4267.

Section 7(b) of the Ports and Waterways Safety Act, referred to in subsec. (a), which was classified to section 1226(b) of Title 33, Navigation and Navigable Waters, was redesignated and transferred to section 70116(b) of this title by Pub. L. 115–282, title IV, §402(b)(1), Dec. 4, 2018, 132 Stat. 4264. A duplicate transfer to section 70102a(b) of this title by section 408(a) of Pub. L. 115–282 was repealed by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8507(d)(1), Jan. 1, 2021, 134 Stat. 4754.

Prior Provisions

A prior section 70118 was renumbered section 70117 of this title and subsequently repealed.

Another prior section 70118 was renumbered section 70121 of this title.

Amendments

2008—Pub. L. 110–181 repealed Pub. L. 109–304, §15(33)(A). See 2006 Amendment note below.

2006—Pub. L. 109–304, §15(33)(A), which directed renumbering identical to that made by Pub. L. 109–241, was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note below.

Pub. L. 109–241 renumbered section 70119 of this title, as added by Pub. L. 108–293, §801(a), as this section.

Statutory Notes and Related Subsidiaries

Construction of 2006 Amendment

Provisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code.

1 See References in Text note below.