46 U.S.C. § 57531 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter III / Section 57531: Construction and charter of vessels for unsuccessful routes
Construction and charter of vessels for unsuccessful routes
Status: in_force

(a) In General.—If the Secretary of Transportation finds that a trade route determined to be essential under section 50103 of this title cannot be successfully developed and maintained and the Secretary's replacement program cannot be achieved under private operation of the trade route by a citizen of the United States with vessels documented under chapter 121 of this title, without further aid by the United States Government in addition to the financial aid authorized under title V of the Merchant Marine Act, 1936, the Secretary, without advertisement or competition, may—

(1) have constructed, in private shipyards or in navy yards, vessels of the types necessary for the trade route; and

(2) demise charter those new vessels to the operator of vessels of the United States established on the trade route.

(b) Amount of Charter Hire.—

(1) In general.—The annual charter hire under subsection (a) shall be at least 4 percent of the price (referred to in this section as the "foreign cost") at which the vessel would be sold if constructed under title V of the Merchant Marine Act, 1936, plus—

(A) a percentage of the depreciated foreign cost computed annually determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the Government with remaining periods to maturity comparable to the term of the charter, adjusted to the nearest one-eighth percent; and

(B) an allowance adequate in the judgment of the Secretary of Transportation to cover administrative costs.

(2) Depreciation.—Depreciation under paragraph (1)(A) shall be based on—

(A) a 25-year life for dry-cargo and passenger vessels; and

(B) a 20-year life for tankers and other bulk liquid carrier vessels.

(c) Option To Purchase.—The charter may contain an option to the charterer to purchase the vessels from the Secretary of Transportation within 5 years after delivery under the charter, on the same terms and conditions as provided in title V of the Merchant Marine Act, 1936, for the purchase of new vessels from the Secretary. However—

(1) the purchase price shall be the foreign cost less depreciation to the date of purchase based on the useful life specified in subsection (b)(2);

(2) the required cash payment payable at the time of the purchase shall be 25 percent of the purchase price;

(3) the charter may provide that any part of the charter hire paid in excess of the minimum charter hire provided for in this section may be credited against the cash payment payable at the time of the purchase;

(4) the balance of the purchase price shall be paid within the remaining years of useful life (as specified in subsection (b)(2)) after the date of delivery of the vessel under the charter and in approximately equal annual installments, except that the first installment, which shall be payable on the next ensuing anniversary date of the delivery under the charter, shall be a proportionate part of the annual installment; and

(5) interest shall be payable on the unpaid balances from the date of purchase, at a rate not less than—

(A) a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the Government with remaining periods to maturity comparable to the average maturities of the loans, adjusted to the nearest one-eighth percent; plus

(B) an allowance adequate in the judgment of the Secretary of Transportation to cover administrative costs.

(d) Operation of Vessel.—

(1) Permissible voyages.—The charter shall provide for operation of the vessel exclusively—

(A) in foreign trade;

(B) on a round-the-world voyage;

(C) on a round voyage from the west coast of the United States to a European port that includes an intercoastal port of the United States;

(D) on a round voyage from the Atlantic coast of the United States to the Orient that includes an intercoastal port of the United States; or

(E) on a voyage in foreign trade on which the vessel may stop at Hawaii or an island territory or possession of the United States.

(2) Domestic trade.—The charter shall provide if the vessel is operated in domestic trade on any of the services specified in paragraph (1), the charterer will pay annually to the Secretary of Transportation that proportion of 1/25 of the difference between the domestic and foreign cost of the vessel as the gross revenue derived from the domestic trade bears to the gross revenue derived from the entire voyages completed during the preceding year.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1668; Pub. L. 114–120, title III, §313(b)(2), Feb. 8, 2016, 130 Stat. 58.)

Historical and Revision Notes

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

57531
46 App.:1204.
June 29, 1936, ch. 858, title VII, §714, 49 Stat. 2011; June 23, 1938, ch. 600, §32, 52 Stat. 962; Aug. 4, 1939, ch. 417, §12, 53 Stat. 1186; Pub. L. 86–3, §18(b)(3), Mar. 18, 1959, 73 Stat. 12; Pub. L. 86–518, §5, June 12, 1960, 74 Stat. 216; Pub. L. 91–469, §22, Oct. 21, 1970, 84 Stat. 1032; Pub. L. 97–31, §12(116), Aug. 6, 1981, 95 Stat. 164.

In subsection (a)(2), the words "demise charter" are substituted for "demise . . . or bare-boat charter" to eliminate unnecessary words. The words "operator of vessels of the United States" are substituted for "American-flag operator" for consistency in the revised title.

Subsection (b)(2) is substituted for "Upon the basis of a twenty-five year life of the vessel" because of section 9 of Public Law 86–518 (June 12, 1960, 74 Stat. 217), which provided that "Nothing in any amendment made by this Act [including section 5 substituting 'twenty-five' for 'twenty' in 46 App. U.S.C. 1204] shall operate or be interpreted to change from twenty to twenty-five years the provisions of the Merchant Marine Act, 1936, as amended, relating to the commercial expectancy or period of depreciation of any tanker or other liquid bulk carrier."

In subsection (c), in paragraphs (1) and (4), references to the useful life specified in subsection (b)(2) are substituted for references to the twenty-five year useful life for the reason stated in explaining subsection (b)(2).

Editorial Notes

References in Text

The Merchant Marine Act, 1936, referred to in subsecs. (a), (b)(1), (c), is act June 29, 1936, ch. 858, 49 Stat. 1985. Title V of the Act enacted provisions set out as a note under section 53101 of this title. For complete classification of this Act to the Code, see Short Title of 1936 Amendment note set out under section 101 of this title and Tables.

Amendments

2016—Subsec. (a). Pub. L. 114–120 substituted "title V" for "titles V and VI" in introductory provisions.
46 U.S.C. § 53508 (2024) — Title 46: SHIPPING / Chapter 535 / Section 53508: Separate accounts within a fund
Separate accounts within a fund
Status: in_force

(a) In General.—A capital construction fund shall have three accounts:

(1) The capital account.

(2) The capital gain account.

(3) The ordinary income account.

(b) Capital Account.—The capital account shall consist of—

(1) amounts referred to in section 53505(a)(2) of this title;

(2) amounts referred to in section 53505(a)(3) of this title, except that portion representing a gain not taken into account because of section 53507(a)(2) of this title;

(3) the percentage applicable under section 243(a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 243(a)(1)) of any dividend received by the fund for which the person maintaining the fund would be allowed (were it not for section 53507(a)(3) of this title) a deduction under section 243 of such Code (26 U.S.C. 243); and

(4) interest income exempt from taxation under section 103 of such Code (26 U.S.C. 103).

(c) Capital Gain Account.—The capital gain account shall consist of—

(1) amounts representing capital gains on assets held for more than 6 months and referred to in section 53505(a)(3) or (4) of this title; minus

(2) amounts representing capital losses on assets held in the fund for more than 6 months.

(d) Ordinary Income Account.—The ordinary income account shall consist of—

(1) amounts referred to in section 53505(a)(1) of this title;

(2)(A) amounts representing capital gains on assets held for not more than 6 months and referred to in section 53505(a)(3) or (4) of this title; minus

(B) amounts representing capital losses on assets held in the fund for not more than 6 months;

(3) interest (except tax-exempt interest referred to in subsection (b)(4)) and other ordinary income (except any dividend referred to in paragraph (5)) received on assets held in the fund;

(4) ordinary income from a transaction described in section 53505(a)(3) of this title; and

(5) that portion of any dividend referred to in subsection (b)(3) not taken into account under subsection (b)(3).

(e) When Losses Allowed.—Except on termination of a fund, capital losses referred to in subsection (c) or (d)(2) shall be allowed only as an offset to gains referred to in subsection (c) or (d)(2), respectively.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1595.)

Historical and Revision Notes

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

53508
46 App.:1177(e).
June 29, 1936, ch. 858, title VI, §607(e), 49 Stat. 2005; June 23, 1938, ch. 600, §§23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, §10, 53 Stat. 1185; July 17, 1952, ch. 939, §§17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 216; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, §6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, §21(a), Oct. 21, 1970, 84 Stat. 1028; Pub. L. 99–514, title II, §261(e)(3), (4), Oct. 22, 1986, 100 Stat. 2215.
46 U.S.C. § 55104 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55104: Transportation of passengers between Puerto Rico and other ports in the United States
Transportation of passengers between Puerto Rico and other ports in the United States
Status: in_force

(a) Definitions.—In this section:

(1) Certificate.—The term "certificate" means a certificate of financial responsibility for indemnification of passengers for nonperformance of transportation issued by the Federal Maritime Commission under section 44102 of this title.

(2) Passenger vessel.—The term "passenger vessel" means a vessel of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b).

(b) Exemption.—Except as otherwise provided in this section, a vessel not qualified to engage in the coastwise trade may transport passengers between a port in Puerto Rico and another port in the United States.

(c) Expiration of Exemption.—

(1) When coastwise-qualified vessel offering service.—On a showing to the Secretary of the department in which the Coast Guard is operating, by the vessel owner or charterer, that a United States passenger vessel qualified to engage in the coastwise trade is offering or advertising passenger service between a port in Puerto Rico and another port in the United States pursuant to a certificate, the Secretary shall notify the owner or operator of each vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. Except as provided in subsection (d), the authority to transport passengers under subsection (b) expires at the end of that 270-day period.

(2) When non-coastwise-qualified vessel offering service.—On a showing to the Secretary, by the vessel owner or charterer, that a United States passenger vessel not qualified to engage in the coastwise trade is offering or advertising passenger service between a port in Puerto Rico and another port in the United States pursuant to a certificate, the Secretary shall notify the owner or operator of each foreign vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. Except as provided in subsection (d), the authority of a foreign vessel to transport passengers under subsection (b) expires at the end of that 270-day period.

(d) Delaying Expiration.—If the vessel offering or advertising the service described in subsection (c) has not begun that service within 270 days after the Secretary's notification, the expiration provided by subsection (c) is delayed until 90 days after the vessel offering or advertising the service begins that service.

(e) Reinstatement of Exemption.—If the Secretary finds that the service on which an expiration was based is no longer available, the expired authority to transport passengers is reinstated.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1633.)

Historical and Revision Notes

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

55104(a)(1)
46 App.:289c(b) (related to meaning of certificate).
Pub. L. 98–563, Oct. 30, 1984, 98 Stat. 2916.

55104(a)(2)
46 App.:289c(e).

55104(b)
46 App.:289c(a).

55104(c)
46 App.:289c(b).

55104(d)
46 App.:289c(c).

55104(e)
46 App.:289c(d).

In subsection (a), the definition of "certificate" is added based on the language in 46 App. U.S.C. 289c(b)(1) and (2) to avoid repeating the substance of the definition twice in the section.

In subsection (b), the words "Notwithstanding any other provision of law" and "directly or by way of a foreign port" are omitted as unnecessary.
46 U.S.C. § 12503 (2024) — Title 46: SHIPPING / Chapter 125 / Section 12503: Information available to the system
Information available to the system
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, a State or a State's delegate approved by the Secretary of Transportation may make information available to the Secretary if, in a manner and form prescribed by the Secretary, the State—

(1) identifies the vessel;

(2) identifies the owner of the vessel, including by—

(A) the owner's social security number or, if that number is not available, other means of identification acceptable to the Secretary; or

(B) for an owner other than an individual—

(i) the owner's taxpayer identification number; or

(ii) if the owner does not have a taxpayer identification number, the social security number of an individual who is a corporate officer, general partner, or individual trustee of the owner and who signed the application for documentation or numbering for the vessel;

(3) identifies the State in which it is titled or numbered;

(4) indicates whether the vessel is numbered or titled, or both;

(5) if titled in a State, indicates where evidence of a lien or other security interest may be found against the vessel in that State;

(6) includes information to assist law enforcement; and

(7) includes other information agreed to by the Secretary and the State.

(b) Except as provided in subsection (c) of this section, the Secretary also may accept information under conditions and in a manner and form prescribed by the Secretary.

(c) The Secretary shall—

(1) retain information on a vessel with a preferred mortgage under section 31322(d) of this title that is no longer titled in a State making information available to the Secretary under this chapter until the mortgage is discharged or the vessel is sold; and

(2) accept information under section 31321(h) of this title only if that information cannot be provided to a State.

(Added Pub. L. 100–710, title I, §101(a), Nov. 23, 1988, 102 Stat. 4736; amended Pub. L. 101–225, title III, §302(2), Dec. 12, 1989, 103 Stat. 1922; Pub. L. 101–595, title VI, §603(10), Nov. 16, 1990, 104 Stat. 2993; Pub. L. 109–304, §15(24), Oct. 6, 2006, 120 Stat. 1704.)

Historical and Revision Notes

Revised section 12503

Subsection (a) of section 12503 allows a State or approved State delegee to make vessel identification information available to the Secretary. Participation in the system is voluntary on the part of a State. A benefit to boat purchasers and financiers in States with approved titling systems participating in this system is that vessel mortgages or financing instruments made in those States are deemed to be preferred mortgages under chapter 313 of title 46, United States Code (as codified and enacted by this Act).

Under subsection (a), the Secretary may prescribe the manner and form in which the information is made available by the States. In this regard, the Committee intends that the Secretary employ the most efficient, up-to-date computer technology in maintaining information made available from the States to avoid duplication of effort in maintaining information and to reduce the costs of the system. In addition to the vessel identification information made available by States under paragraphs (1)–(6), the Secretary and a State may agree that the State make available other information. For example, the purpose for which a vessel is routinely used would be valuable information for the system.

The Committee intends that most of the information in the system will become available directly and exclusively from the States to the greatest extent possible. However, under subsection (b), the Secretary may accept information from others under conditions and in a manner and form prescribed by the Secretary. Thus, if the Secretary discovers a valuable and reliable source of data that can be conveniently made available to the system, the Secretary can approve it.

Under paragraph (c)(1), the Secretary must maintain information on a State-titled vessel with a preferred mortgage that moves to a nonparticipating, nontitle State, until the mortgage is discharged or the vessel is sold. Under paragraph (c)(2), the Secretary must accept information submitted under section 31321 of title 46 (as enacted by this Act) concerning a discharge of a preferred mortgage on a vessel title under State law. This would be necessary if the vessel moves to a nonparticipating State, and information on that vessel would not be provided to the system by that State. This subsection will allow the Secretary to keep the vessel information system current on these matters and purge files no longer required to be maintained.

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–304 substituted "delegate" for "delegee" in introductory provisions.

1990—Subsec. (a)(2)(A). Pub. L. 101–595 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the owner's social security number; or".

1989—Subsec. (a)(2). Pub. L. 101–225 amended par. (2) generally, adding subpars. (A) and (B).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title.
46 U.S.C. § 31342 (2024) — Title 46: SHIPPING / Chapter 313 / Subchapter III / Section 31342: Establishing maritime liens
Establishing maritime liens
Status: in_force

(a) Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner or a person authorized by the owner—

(1) has a maritime lien on the vessel;

(2) may bring a civil action in rem to enforce the lien; and

(3) is not required to allege or prove in the action that credit was given to the vessel.

(b) This section does not apply to a public vessel.

(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 101–225, title III, §303(6), Dec. 12, 1989, 103 Stat. 1924.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

31342 
46:971

Section 31342 provides that any authorized person providing necessaries for a vessel has a maritime lien on the vessel, may bring a civil action in rem in admiralty to enforce the lien, and is not required to allege or prove that credit was given to the vessel. "Providing" has been substituted for "furnishing" for consistency with other laws. This section makes no substantive change to law. This section does not supersede the prohibition under the Public Vessels Act, the Foreign Sovereign Immunities Act, or the Suits in Admiralty Act, on bringing an in rem action against a public vessel.

Editorial Notes

Amendments

1989—Pub. L. 101–225 designated existing provisions as subsec. (a), substituted "Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner" for "A person providing necessaries to a vessel (except a public vessel) on the order of a person listed in section 31341 of this title", and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title.
46 U.S.C. § 10503 (2024) — Title 46: SHIPPING / Chapter 105 / Section 10503: Exhibiting merchant mariners' documents
Exhibiting merchant mariners' documents
Status: in_force

Before signing the agreement required by section 10502 of this title, a seaman required by section 8701 of this title to have a merchant mariner's document shall exhibit to the master a document issued to the seaman and appropriately endorsed for the capacity in which the seaman is to serve.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10503 
46:643

Under section 10503 seamen who are required to have a merchant mariner's document must exhibit it before signing a shipping agreement on a coastwise voyage.
46 U.S.C. § 12301 (2024) — Title 46: SHIPPING / Chapter 123 / Section 12301: Numbering vessels
Numbering vessels
Status: in_force

(a) An undocumented vessel equipped with propulsion machinery of any kind shall have a number issued by the proper issuing authority in the State in which the vessel principally is operated.

(b) The Secretary may require an undocumented barge of more than 100 gross tons operating on the navigable waters of the United States to be numbered.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 590; Pub. L. 102–587, title V, §5305, Nov. 4, 1992, 106 Stat. 5083; Pub. L. 115–282, title V, §513, Dec. 4, 2018, 132 Stat. 4276.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

12301 
46:1466

Section 12301 requires that undocumented vessels that are propelled by machinery be issued an identification number by the proper issuing authority in the State in which the vessel is primarily operated.

Editorial Notes

Amendments

2018—Subsec. (b). Pub. L. 115–282 substituted "may" for "shall" and inserted "of" after "barge".

1992—Pub. L. 102–587 designated existing provisions as subsec. (a) and added subsec. (b).
46 U.S.C. § 51319 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51319: Sexual assault response coordinators and sexual assault victim advocates
Sexual assault response coordinators and sexual assault victim advocates
Status: in_force

(a) Sexual Assault Response Coordinators.—

(1) Requirement for coordinators.—The United States Merchant Marine Academy shall employ or contract with at least 1 full-time sexual assault response coordinator who shall reside at or near the Academy. The Secretary of Transportation may assign additional full-time or part-time sexual assault response coordinators at the Academy as necessary.

(2) Selection criteria.—Each sexual assault response coordinator shall be selected based on—

(A) experience and a demonstrated ability to effectively provide victim services related to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and

(B) protection of the individual under applicable law to provide privileged communication.

(3) Confidentiality.—A sexual assault response coordinator shall, to the extent authorized under applicable law, provide confidential services to a cadet at the Academy who reports being a victim of, or witness to, sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(4) Training.—

(A) Verification.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the Maritime Administrator, in consultation with the Director of the Maritime Administration Office of Civil Rights, shall develop a process to verify that each sexual assault response coordinator has completed proper training.

(B) Training requirements.—The training referred to in subparagraph (A) shall include training in—

(i) working with victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking;

(ii) the policies, procedures, and resources of the Academy related to responding to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and

(iii) national, State, and local victim services and resources available to victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking.

(C) Completion of training.—A sexual assault response coordinator shall complete the training referred to in subparagraphs (A) and (B) not later than—

(i) 270 days after enactment of the National Defense Authorization Act for Fiscal Year 2018; or

(ii) 180 days after starting in the role of sexual assault response coordinator.

(5) Duties.—A sexual assault response coordinator shall—

(A) confidentially receive a report from a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking;

(B) inform the victim of—

(i) the victim's rights under applicable law;

(ii) options for reporting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy and law enforcement;

(iii) how to access available services, including emergency medical care, medical forensic or evidentiary examinations, legal services, services provided by rape crisis centers and other victim service providers, services provided by the volunteer sexual assault victim advocates at the Academy, and crisis intervention counseling and ongoing counseling;

(iv) such coordinator's ability to assist in arranging access to such services, with the consent of the victim;

(v) available accommodations, such as allowing the victim to change living arrangements and obtain accessibility services;

(vi) such coordinator's ability to assist in arranging such accommodations, with the consent of the victim;

(vii) the victim's rights and the Academy's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by the Academy or a criminal, civil, or tribal court; and

(viii) privacy limitations under applicable law;

(C) represent the interests of any cadet at the Academy who reports being a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking, even if such interests are in conflict with the interests of the Academy;

(D) advise the victim of, and provide written materials regarding, the information described in subparagraph (B);

(E) liaise with appropriate staff at the Academy, with the victim's consent, to arrange reasonable accommodations through the Academy to allow the victim to change living arrangements, obtain accessibility services, or access other accommodations;

(F) maintain the privacy and confidentiality of the victim, and shall not notify the Academy or any other authority of the identity of the victim or the alleged circumstances surrounding the reported incident unless—

(i) otherwise required by applicable law;

(ii) requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if the information is shared; or

(iii) notwithstanding clause (i) or clause (ii), there is risk of imminent harm to other individuals;

(G) assist the victim in contacting and reporting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy or law enforcement, if requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if information is shared; and

(H) submit to the Director of the Maritime Administration Office of Civil Rights an annual report summarizing how the resources supplied to the coordinator were used during the prior year, including the number of victims assisted by the coordinator.

(b) Oversight.—

(1) In general.—

(A) Reporting.—Each sexual assault response coordinator shall—

(i) report directly to the Superintendent; and

(ii) have concurrent reporting responsibility to the Executive Director of the Maritime Administration on matters related to the Maritime Administration and the Department of Transportation and upon belief that the Academy leadership is acting inappropriately regarding sexual assault prevention and response matters.

(B) Support.—The Maritime Administration Office of Civil Rights shall provide support to the sexual assault response coordinator at the Academy on all sexual harassment, dating violence, domestic violence, sexual assault, or stalking prevention matters.

(2) Prohibition on investigation by the academy.—Any request by a victim for an accommodation, as described in subsection (a)(5)(E), made by a sexual assault response coordinator shall not trigger an investigation by the Academy, even if such coordinator deals only with matters relating to sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(3) Prohibition on retaliation.—A sexual assault response coordinator, victim advocate, or companion may not be disciplined, penalized, or otherwise retaliated against by the Academy for representing the interests of the victim, even if such interests are in conflict with the interests of the Academy.

(c) Special Victims Advisor.—

(1) In general.—The Secretary shall designate an attorney (to be known as the "Special Victims Advisor") for the purpose of providing legal assistance to any cadet of the Academy who is the victim of an alleged sex-related offense regarding administrative and criminal proceedings related to such offense, regardless of whether the report of that offense is restricted or unrestricted.

(2) Special victims advisory.—The Secretary shall ensure that the attorney designated as the Special Victims Advisor has knowledge of the Uniform Code of Military Justice, as well as criminal and civil law.

(3) Privileged communications.—Any communications between a victim of an alleged sex-related offense and the Special Victim Advisor, when acting in their capacity as such, shall have the same protection that applicable law provides for confidential attorney-client communications.

(d) Volunteer Sexual Assault Victim Advocates.—

(1) In general.—The Secretary, acting through the Superintendent of the Academy, shall designate from among volunteers 1 or more permanent employees of the Academy to serve as advocates for victims of sexual assaults involving cadets of the Academy or other Academy personnel.

(2) Training; other duties.—Each victim advocate designated under this subsection shall—

(A) have or receive training in matters relating to sexual assault and the comprehensive policy developed under section 51318; and

(B) serve as a victim advocate voluntarily, in addition to the individual's other duties as an employee of the Academy.

(3) Primary duties.—While performing the duties of a victim advocate under this subsection, a designated employee shall—

(A) support victims of sexual assault by informing them of the rights and resources available to them as victims;

(B) identify additional resources to ensure the safety of victims of sexual assault; and

(C) connect victims of sexual assault to companions, as described in paragraph (4).

(4) Companions.—

(A) In general.—At least 1 victim advocate designated under this subsection, or a sexual assault response coordinator designated under subsection (a), while performing the duties of a victim advocate, shall act as a companion to a victim described in paragraph (1) in navigating investigative, medical, mental, and emotional health, and recovery processes relating to sexual assault.

(B) Alternate victim advocates.—If requested by the victim, an alternate victim advocate shall be designated under this subsection to act as a companion to the victim, as described in subparagraph (A).

(5) Formal relationships with other entities.—The Secretary may enter into formal relationships with other entities to make available additional victim advocates or to implement paragraphs (3) and (4).

(e) Unfilled Vacancies.—The Administrator of the Maritime Administration may appoint qualified candidates to positions under subsections (a) and (d) of this section without regard to sections 3309 through 3319 of title 5.

(Added Pub. L. 114–328, div. C, title XXXV, §3511(a), Dec. 23, 2016, 130 Stat. 2785; amended Pub. L. 115–91, div. C, title XXXV, §3515(a), (b) (formerly §3515(c)), Dec. 12, 2017, 131 Stat. 1924, 1927, §3515(b) renumbered §3515(c), Pub. L. 117–263, div. C, title XXXV, §3513(c)(2), Dec. 22, 2022, 136 Stat. 3068; Pub. L. 117–263, div. C, title XXXV, §3531(e), Dec. 23, 2022, 136 Stat. 3088.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2018 and enactment of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (a)(4)(A), (C)(i), are the date of enactment of Pub. L. 115–91, which was approved Dec. 12, 2017.

Amendments

2022—Subsecs. (c), (d). Pub. L. 117–263, §3531(e)(1), (2), added subsec. (c) and redesignated former subsec. (c) as (d).

Subsec. (e). Pub. L. 117–263, §3531(e)(3), added subsec. (e).

2017—Subsecs. (a) to (c). Pub. L. 115–91, §3515(a), added subsecs. (a) and (b), redesignated former subsec. (b) as (c), and struck out former subsec. (a) which read as follows: "Sexual Assault Response Coordinators.—The United States Merchant Marine Academy shall employ or contract with at least 1 full-time sexual assault response coordinator who shall reside at or near the Academy. The Secretary of Transportation may assign additional full-time or part-time sexual assault response coordinators at the Academy as necessary."

Subsec. (c)(5), (6). Pub. L. 115–91, §3515(b), formerly §3515(c), as renumbered by Pub. L. 117–263, §3513(c)(2), redesignated par. (6) as (5), substituted "paragraphs (3) and (4)" for "paragraphs (3), (4), and (5)", and struck out former par. (5) which read as follows: "Hotline.—The Secretary shall establish a 24-hour hotline through which the victim of a sexual assault described in paragraph (1) can receive victim support services."
46 U.S.C. § 53901 (2024) — Title 46: SHIPPING / Chapter 539 / Section 53901: Definitions
Definitions
Status: in_force

In this chapter:

(1) American vessel.—The term "American vessel" includes—

(A) a documented vessel with a registry or coastwise endorsement under chapter 121 of this title;

(B) an undocumented vessel owned or chartered by or made available to the United States Government; and

(C) a tug, barge, or other watercraft (whether or not documented) owned by a citizen of the United States and used in essential water transportation or in the fisheries, except only for sport fishing.

(2) Cargo.—The term "cargo" includes a loaded or empty container on a vessel.

(3) Transportation in the waterborne commerce of the united states.—The term "transportation in the waterborne commerce of the United States" includes the operation of a vessel in the fisheries, except only for sport fishing.

(4) War risks.—The term "war risks" includes, to the extent the Secretary of Transportation determines—

(A) any part of a loss excluded from marine insurance coverage under a "free of capture or seizure" clause or analogous clause; and

(B) any other loss from a hostile act, including confiscation, expropriation, nationalization, or deprivation.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1626.)

Historical and Revision Notes

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

53901(1)
46 App.:1281(a).
June 29, 1936, ch. 858, title XII, §§1201(a), (b), as added Sept. 7, 1950, ch. 906, 64 Stat. 773.

53901(2)
46 App.:1283(b) (last sentence).
June 29, 1936, ch. 858, title XII, §1203(b) (last sentence), as added Sept. 7, 1950, ch. 906, 64 Stat. 774; Pub. L. 94–523, §2, Oct. 17, 1976, 90 Stat. 2474.

53901(3)
46 App.:1281(b).

53901(4)
46 App.:1281(c).
June 29, 1936, ch. 858, title XII, §1201(c), as added Sept. 7, 1950, ch. 906, 64 Stat. 773; restated Pub. L. 107–107, title XXXV, §3502, Dec. 28, 2001, 115 Stat. 1392.

In paragraph (1)(A), the words "a documented vessel with a registry or coastwise endorsement under chapter 121 of this title" are substituted for "any vessel registered, enrolled, or licensed under the laws of the United States" because of 46 U.S.C. 12101(b).

In paragraph (1)(B). the words "or any department or agency thereof" are omitted as surplus.

In paragraph (1)(C), the word "fisheries" is substituted for "fishing trade or industry" because of the definition of "fisheries" in chapter 1 of the revised title.
46 U.S.C. § 51313 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51313: Advisory Board
Advisory Board
Status: in_force

(a) In General.—An Advisory Board to the United States Merchant Marine Academy shall be established to visit the Academy at least once during each academic year, for the purpose of examining the course of instruction and management of the Academy and advising the Maritime Administrator and the Superintendent of the Academy.

(b) Appointment and Terms.—The Board shall be composed of not more than 7 individuals appointed by the Secretary of Transportation. The individuals must be distinguished in education and other fields related to the Academy. Members of the Board shall be appointed for terms of not more than 3 years and may be reappointed. The Secretary shall designate one of the members as chairman.

(c) Travel Expenses.—When serving away from home or regular place of business, a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.

(d) Relationship to Other Law.—Chapter 10 of title 5 does not apply to the Board.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1576; Pub. L. 117–286, §4(a)(292), Dec. 27, 2022, 136 Stat. 4338.)

Historical and Revision Notes

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

51313
46 App.:1295b(i).
June 29, 1936, ch. 858, title XIII, §1303(i), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2002; Pub. L. 97–31, §12(144)(C), Aug. 6, 1981, 95 Stat. 166.

Editorial Notes

Amendments

2022—Subsec. (d). Pub. L. 117–286 substituted "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 App. U.S.C.)".
46 U.S.C. § 3304 (2024) — Title 46: SHIPPING / Chapter 33 / Section 3304: Transporting individuals in addition to crew
Transporting individuals in addition to crew
Status: in_force

(a) A documented vessel transporting cargo that transports not more than 12 individuals in addition to the crew on international voyages, or not more than 16 individuals in addition to the crew on other voyages, is not subject to inspection as a passenger vessel or a small passenger vessel if the vessel is otherwise subject to inspection under this chapter.

(b) Except when subsection (e) of this section applies, before an individual in addition to the crew is transported on a vessel as permitted by this section, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel first shall notify the individual of the presence on board of dangerous articles as defined by law, and of other conditions or circumstances that would constitute a risk of safety to the individual on board.

(c) A privilege authorized by this section applies to a vessel of a foreign country that affords a similar privilege to vessels of the United States in trades not restricted to vessels under its own flag.

(d) A fishing, fish processing, or fish tender vessel that transports not more than 12 individuals employed in the fishing industry in addition to the crew is not subject to inspection as a passenger or small passenger vessel.

(e) The Secretary may by regulation allow individuals in addition to the crew to be transported in an emergency or under section 2304 of this title.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3304 
46:390–393
46:882

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

Editorial Notes

Amendments

1986—Pub. L. 99–307, §1(5)(A)(i), substituted "Transporting" for "Carrying" in section catchline.

Subsec. (a). Pub. L. 99–307, §1(5)(A)(ii), substituted "transporting cargo that transports" for "carrying cargo that carries" and inserted "if the vessel is otherwise subject to inspection under this chapter".

Subsec. (b). Pub. L. 99–307, §1(5)(A)(iii), substituted "Except when subsection (e) of this section applies, before" for "Before" and "transported" for "carried".

Subsec. (c). Pub. L. 99–307, §1(5)(A)(iv), substituted "A privilege" for "The privilege".

Subsec. (e). Pub. L. 99–307, §1(5)(A)(v), added subsec. (e).

1984—Subsec. (d). Pub. L. 98–364 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 58103 (2024) — Title 46: SHIPPING / Chapter 581 / Section 58103: Employing another person as managing or operating agent
Employing another person as managing or operating agent
Status: in_force

(a) Prohibition.—Except with the written consent of the Secretary of Transportation, a contractor holding a contract under the operating-differential subsidy program or under chapter 575 of this title may not—

(1) employ another person as the managing or operating agent of the operator; or

(2) charter a vessel, on which an operating-differential subsidy is to be paid, for operation by another person.

(b) Applicability of Provisions to Charterer.—If a charter prohibited by this section is made, the person operating the chartered vessel is subject to all the provisions of this subtitle and the operating-differential subsidy program, including limitations of profits and salaries.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1671.)

Historical and Revision Notes

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

58103
46 App.:1223(d).
June 29, 1936, ch. 858, title VIII, §805(d), 49 Stat. 2013; June 23, 1938, ch. 600, §§36, 37, 52 Stat. 963; Pub. L. 91–603, §4(e), Dec. 31, 1970, 84 Stat. 1675; Pub. L. 97–31, §12(122), Aug. 6, 1981, 95 Stat. 164; Pub. L. 104–239, §4(b)(2), Oct. 8, 1996, 110 Stat. 3131.

In subsection (a), the words "contractor holding a contract under the operating-differential subsidy program or under chapter 575 of this title" are substituted for "contractor holding a contract authorized under part A of subchapter VI or VII of this chapter" for the reasons explained under section 58101.
46 U.S.C. § 50308 (2024) — Title 46: SHIPPING / Chapter 503 / Section 50308: Maritime transportation system emergency relief program
Maritime transportation system emergency relief program
Status: in_force

(a) General Authority.—The Maritime Administrator may make grants to, and enter into contracts and agreement with, eligible State and Tribal entities and eligible entities for—

(1) the costs of capital projects to protect, repair, reconstruct, or replace equipment and facilities of the United States maritime transportation system that the Maritime Administrator determines is in danger of suffering serious physical damage, or has suffered serious physical damage, as a result of an emergency; and

(2) eligible operating costs of United States maritime transportation equipment and facilities in an area directly affected by an emergency during—

(A) the one-year period beginning on the date of a declaration of an emergency referred to in subparagraph (A) or (B) of subsection (j)(4); and

(B) an additional one-year period beginning one year after the date of an emergency referred to in subparagraph (A) or (B) of subsection (j)(4), if the Maritime Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, determines there is a compelling need arising out of the emergency for which the declaration is made.

(b) Allocation.—

(1) In general.—The Maritime Administrator shall determine an appropriate method for the equitable allocation and distribution of funds under this section to eligible State and Tribal entities and eligible entities.

(2) Priority.—To the extent practicable, in allocating and distributing funds under this section, the Maritime Administrator shall give priority to applications submitted by eligible State or Tribal entities.

(c) Applications.—An applicant for assistance under this section shall submit an application for such assistance to the Maritime Administrator at such time, in such manner, and containing such information and assurances as the Maritime Administrator may require.

(d) Coordination of Emergency Funds.—

(1) Use of funds.—Funds appropriated to carry out this section shall be in addition to any other funds available under this chapter.

(2) No effect on other government activity.—The provision of funds under this section shall not affect the ability of any other agency of the Government, including the Federal Emergency Management Agency, or a State agency, a local governmental entity, organization, or person, to provide any other funds otherwise authorized by law.

(e) Grant Requirements.—A grant awarded under this section that is made to address an emergency referred to in subsection (j)(4)(B) shall be—

(1) subject to the terms and conditions the Maritime Administrator determines are necessary;

(2) made only for expenses that are not reimbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or any Federal, State, or local assistance program; and

(3) made only for expenses that are not reimbursed under any type of marine insurance.

(f) Federal Share of Costs.—The Federal share payable of the costs for which a grant is made under this section shall be 100 percent.

(g) Administrative Costs.—Of the amounts available to carry out this section, not more than two percent may be used for administration of this section.

(h) Quality Assurance.—The Maritime Administrator shall institute adequate policies, procedures, and internal controls to prevent waste, fraud, abuse, and program mismanagement for the distribution of funds under this section.

(i) Reports.—On an annual basis, the Maritime Administrator 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 financial assistance provided under this section during the year covered by the report. Each such report shall include, for such year, a description of such assistance provided and of how such assistance—

(1) affected the United States maritime transportation system;

(2) mitigated the financial impact of the emergency on the recipient of the assistance; and

(3) protected critical infrastructure in the United States.

(j) Definitions.—In this section:

(1) Eligible state or tribal entity.—The term "eligible State or Tribal entity" means—

(A) a port authority; or

(B) a vessel owned and operated by a State or Tribal government and facilities associated with the operation of such vessel.

(2) Eligible entity.—The term "eligible entity" means a public or private entity that is created or organized in the United States or under the laws of the United States, with significant operations in and a majority of its employees based in the United States, that is engaged in—

(A) vessel construction, transportation by water, or support activities for transportation by water with an assigned North American Industry Classification System code beginning with 3366, 483, 4883, or 6113, or in the case of such construction, transportation, or support activities conducted by a fish processing vessel, such an assigned code beginning with 3117; or

(B) as determined by the Secretary of Transportation—

(i) construction or water transportation related to activities described in subparagraph (A); or

(ii) maritime education and training.

(3) Eligible operating costs.—The term "eligible operating costs" means costs relating to—

(A) emergency response;

(B) cleaning;

(C) sanitization;

(D) janitorial services;

(E) staffing;

(F) workforce retention;

(G) paid leave;

(H) procurement and use of protective health equipment, testing, and training for employees and contractors;

(I) debt service payments;

(J) infrastructure repair projects;

(K) fuel; and

(L) other maritime transportation system operations, as determined by the Secretary of Transportation;

(4) Emergency.—The term "emergency" means a natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm, or landslide) or a catastrophic failure from any external cause, that impacts the United States maritime transportation system and as a result of which—

(A) the Governor of a State has declared an emergency and the Maritime Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, has concurred in the declaration;

(B) the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170);

(C) national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) is in effect; or

(D) a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) is in effect.

(Added Pub. L. 116–283, div. C, title XXXV, §3505(a), Jan. 1, 2021, 134 Stat. 4402; amended Pub. L. 118–31, div. C, title XXXV, §3514(e), Dec. 22, 2023, 137 Stat. 811.)

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (e)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

The National Emergencies Act, referred to in subsec. (j)(4)(C), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.

Amendments

2023—Subsec. (a)(2)(B). Pub. L. 118–31, §3514(e)(1), substituted "Federal Emergency Management Agency" for "Federal Emergency Management Administration".

Subsec. (j)(4)(A). Pub. L. 118–31, §3514(e)(2), substituted "Federal Emergency Management Agency" for "Federal Emergency Management Administration".

Statutory Notes and Related Subsidiaries

Inclusion of COVID–19 Pandemic Public Health Emergency

Pub. L. 116–283, div. C, title XXXV, §3505(c), Jan. 1, 2021, 134 Stat. 4405, provided that: "For purposes of section 50308 of title 46, United States Code, as added by subsection (a), the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic shall be treated as an emergency."
46 U.S.C. § 10315 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10315: Allotments
Allotments
Status: in_force

(a) Under prescribed regulations, a seaman may stipulate as follows in the agreement required by section 10302 of this title for an allotment of any part of the wages the seaman may earn:

(1) to the seaman's grandparents, parents, spouse, sister, brother, or children;

(2) to an agency designated by the Secretary of the Treasury to handle applications for United States savings bonds, to purchase bonds for the seaman; and

(3) for deposits to be made in an account for savings or investment opened by the seaman and maintained in the seaman's name at a savings bank or a savings institution in which the accounts are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

(b) An allotment is valid only if made in writing and signed by and approved by a shipping commissioner. The shipping commissioner shall examine allotments and the parties to them to enforce compliance with the law. Stipulations for allotments made at the beginning of a voyage shall be included in the agreement and shall state the amounts and times of payment and the person to whom payments are to be made.

(c) Only an allotment complying with this section is lawful. A person falsely claiming qualification as an allottee under this section is liable to the United States Government for a civil penalty of not more than $500.

(d) The owner, charterer, managing operator, agent, or master of a vessel seeking clearance from a port of the United States shall present the agreement at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with.

(e) This section applies to a foreign vessel when in waters of the United States. An owner, charterer, managing operator, agent, or master of a foreign vessel violating this section is liable to the Government for the same penalty as an owner, charterer, managing operator, agent, or master of a vessel of the United States for the same violation.

(f) Deposits in Seaman Account.—By written request signed by the seaman, a seaman employed on a passenger vessel capable of carrying more than 500 passengers may authorize the master, owner, or operator of the vessel, or the employer of the seaman, to make deposits of wages of the seaman into a checking, savings, investment, or retirement account, or other account to secure a payroll or debit card for the seaman if—

(1) the wages designated by the seaman for such deposit are deposited in a United States or international financial institution designated by the seaman;

(2) such deposits in the financial institution are fully guaranteed under commonly accepted international standards by the government of the country in which the financial institution is licensed;

(3) a written wage statement or pay stub, including an accounting of any direct deposit, is delivered to the seaman no less often than monthly; and

(4) while on board the vessel on which the seaman is employed, the seaman is able to arrange for withdrawal of all funds on deposit in the account in which the wages are deposited.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 567; Pub. L. 111–281, title IX, §902(a)(2), Oct. 15, 2010, 124 Stat. 3009.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10315 
46:599

Section 10315 lists the persons to whom a seaman may allot wages, specifies the conditions which make an allotment valid, and provides a civil penalty of $500 for falsely claiming qualification as an allottee. It also requires that this section be complied with before a vessel can be cleared from a United States port. This section applies to foreign vessels.

Editorial Notes

Amendments

2010—Subsec. (f). Pub. L. 111–281 added subsec. (f).

Statutory Notes and Related Subsidiaries

Transfer of Functions

Federal Savings and Loan Insurance Corporation abolished and functions transferred, see sections 401 to 406 of Pub. L. 101–73, set out as a note under section 1437 of Title 12, Banks and Banking.
46 U.S.C. § 30526 (2024) — Title 46: SHIPPING / Chapter 305 / Subchapter II / Section 30526: Provisions requiring notice of claim or limiting time for bringing action
Provisions requiring notice of claim or limiting time for bringing action
Status: in_force

(a) Application.—This section applies only to seagoing vessels, but does not apply to pleasure yachts, tugs, towboats, towing vessels, tank vessels, fishing vessels, fish tender vessels, canal boats, scows, car floats, barges, lighters, or nondescript vessels.

(b) Minimum Time Limits.—The owner, master, manager, or agent of a vessel transporting passengers or property between ports in the United States, or between a port in the United States and a port in a foreign country, may not limit by regulation, contract, or otherwise the period for—

(1) giving notice of, or filing a claim for, personal injury or death, in the case of seagoing vessels, to less than 6 months after the date of the injury or death, or in the case of covered small passenger vessels, to less than two years after the date of the injury or death; or

(2) bringing a civil action for personal injury or death, in the case of seagoing vessels, to less than one year after the date of the injury or death, or in the case of covered small passenger vessels, to less than two years after the date of the injury or death.

(c) Effect of Failure To Give Notice.—When notice of a claim for personal injury or death is required by a contract, the failure to give the notice is not a bar to recovery if—

(1) the court finds that the owner, master, or agent of the vessel had knowledge of the injury or death and the owner has not been prejudiced by the failure;

(2) the court finds there was a satisfactory reason why the notice could not have been given; or

(3) the owner of the vessel fails to object to the failure to give the notice.

(d) Tolling of Period To Give Notice.—If a claimant is a minor or mental incompetent, or if a claim is for wrongful death, any period provided by a contract for giving notice of the claim is tolled until the earlier of—

(1) the date a legal representative is appointed for the minor, incompetent, or decedent's estate; or

(2) 3 years after the injury or death.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1514, §30508; renumbered §30526 and amended Pub. L. 117–263, div. K, title CXV, §11503(a)(3), (d), Dec. 23, 2022, 136 Stat. 4130, 4131.)

Historical and Revision Notes

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

30508(a)
46 App.:183(f) (related to 46 App.:183b).
R.S. §4283(f) (related to R.S. §4283A); Aug. 29, 1935, ch. 804, §1, 49 Stat. 960; June 5, 1936, ch. 521, §1, 49 Stat. 1480.

30508(b)
46 App.:183b(a).
R.S. §4283A, as added Aug. 29, 1935, ch. 804, §3, 49 Stat. 960.

30508(c)
46 App.:183b(b).

30508(d)
46 App.:183b(c).

For an explanation of subsection (a), see the revision notes for section 30506(a), where 46 App. U.S.C. 183(f) is also restated.

In subsection (b), before paragraph (1), the words "sea-going vessel (other than tugs, barges, fishing vessels and their tenders)" are omitted because of subsection (a) of this section. The word "merchandise" is omitted as covered by "property". The words "between ports in the United States, or between a port in the United States and a port in a foreign country" are substituted for "from or between ports of the United States and foreign ports" for clarity and for consistency with section 30509(a)(1) of the revised title. See Burstein v. United States Lines Co., 43 F. Supp. 226 (S.D.N.Y. 1942), rev'd on other grounds, 134 F.2d 89 (2d Cir. 1943). The word "rule" is omitted as covered by "regulation". In paragraph (1), the words "after the date of the injury or death" are added for clarity and consistency with paragraph (2).

In subsection (c), before paragraph (1), the words "When notice of a claim for personal injury or death is required by a contract, the failure to give the notice" are substituted for "Failure to give such notice, where lawfully prescribed in such contract" for clarity. In paragraph (1), the words "the court finds" are stated at the beginning rather than the middle to be more precise. The word "damage" is omitted as unnecessary. In paragraph (2), the words "the court finds there was a satisfactory reason" are substituted for "the court excuses such failure on the ground that for some satisfactory reason" to eliminate unnecessary words.

In subsection (d), before paragraph (1), the word "claimant" is substituted for "person who is entitled to recover on any such claim" to eliminate unnecessary words. The word "lawful" is omitted as unnecessary. The words "is tolled until" are substituted for "shall not be applicable so long as" and "but shall be applicable from" for clarity and to eliminate unnecessary words.

Editorial Notes

Amendments

2022—Pub. L. 117–263, §11503(a)(3), renumbered section 30508 of this title as this section.

Subsec. (b)(1). Pub. L. 117–263, §11503(d)(1), inserted ", in the case of seagoing vessels," after "personal injury or death" and ", or in the case of covered small passenger vessels, to less than two years after the date of the injury or death" after "date of the injury or death".

Subsec. (b)(2). Pub. L. 117–263, §11503(d)(2), inserted ", in the case of seagoing vessels," after "personal injury or death" and ", or in the case of covered small passenger vessels, to less than two years after the date of the injury or death" after "date of the injury or death".
46 U.S.C. § 10105 (2024) — Title 46: SHIPPING / Chapter 101 / Section 10105: Reports to Congress
Reports to Congress
Status: in_force

(a) In General.—Not later than 1 year after the date of enactment of the Don Young Coast Guard Authorization Act of 2022, and on an annual basis thereafter, 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 that includes—

(1) the number of reports received under section 10104;

(2) the number of penalties issued under such section;

(3) the number of open investigations under such section, completed investigations under such section, and the outcomes of such open or completed investigations;

(4) the number of assessments or audits conducted under section 3203 and the outcome of those assessments or audits;

(5) a statistical analysis of compliance with the safety management system criteria under section 3203;

(6) the number of credentials denied or revoked due to sexual harassment, sexual assault, or related offenses; and

(7) recommendations to support efforts of the Coast Guard to improve investigations and oversight of sexual harassment and sexual assault in the maritime sector, including funding requirements and legislative change proposals necessary to ensure compliance with title CXVI of the Don Young Coast Guard Authorization Act of 2022 and the amendments made by such title.

(b) Privacy.—In collecting the information required under subsection (a), the Commandant shall collect such information in a manner that protects the privacy rights of individuals who are subjects of such information.

(Added Pub. L. 117–263, div. K, title CXVI, §11611(a), Dec. 23, 2022, 136 Stat. 4155.)

References in Text

The date of the enactment of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (a), is the date of enactment of division K of Pub. L. 117–263, which was approved Dec. 23, 2022.

Title CXVI of the Don Young Coast Guard Authorization Act of 2022, referred to subsec. (a)(7), is title CXVI of division K of Pub. L. 117–263, Dec. 23, 2022, 136 Stat. 4145. For complete classification of title CXVI to the Code, see Tables.
46 U.S.C. § 57306 (2024) — Title 46: SHIPPING / Chapter 573 / Section 57306: Payment of trade-in allowance
Payment of trade-in allowance
Status: in_force

(a) Acquisition at Time of Contract.—If acquisition of an obsolete vessel under this chapter occurs when the owner contracts for the construction or purchase of the new vessel, the Secretary of Transportation shall apply the trade-in allowance to the purchase price of the new vessel rather than paying it to the owner. If the new vessel is constructed under this subtitle, the Secretary may apply the trade-in allowance to the required cash payments on terms and conditions the Secretary may prescribe. If the new vessel is not constructed under this subtitle, the Secretary shall pay the trade-in allowance to the builder of the vessel for the account of the owner when the Secretary acquires the obsolete vessel.

(b) Acquisition at Time of Delivery.—If acquisition of the obsolete vessel occurs when the new vessel is delivered to the owner, the Secretary shall deposit the trade-in allowance in the owner's capital construction fund.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1663.)

Historical and Revision Notes

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

57306
46 App.:1160(b) (4th–7th sentences).
June 29, 1936, ch. 858, title V, §510(b) (4th–7th sentences), as added Aug. 4, 1939, ch. 417, §7, 53 Stat. 1184; Pub. L. 87–401, subdiv. (1), Oct. 5, 1961, 75 Stat. 833; Pub. L. 91–469, §§12(b), 35(a), Oct. 21, 1970, 84 Stat. 1022, 1035; Pub. L. 97–31, §12(91), Aug. 6, 1981, 95 Stat. 161.

In subsection (b), the words "acquisition of the obsolete vessel occurs" are substituted for "title to the obsolete vessel is acquired" for consistency in the chapter.
46 U.S.C. § 70124 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70124: Regulations
Regulations
Status: in_force

Unless otherwise provided, the Secretary may issue regulations necessary to implement this chapter.

(Added Pub. L. 111–281, title VIII, §820(a), Oct. 15, 2010, 124 Stat. 3001.)
46 U.S.C. § 3305 (2024) — Title 46: SHIPPING / Chapter 33 / Section 3305: Scope and standards of inspection
Scope and standards of inspection
Status: in_force

(a)(1) The inspection process shall ensure that a vessel subject to inspection—

(A) is of a structure suitable for the service in which it is to be employed;

(B) is equipped with proper appliances for lifesaving, fire prevention, and firefighting;

(C) has suitable accommodations for the crew, sailing school instructors, and sailing school students, and for passengers on the vessel if authorized to carry passengers;

(D) has an adequate supply of potable water for drinking and washing by passengers and crew;

(E) is in a condition to be operated with safety to life and property; and

(F) complies with applicable marine safety laws and regulations.

(2) In determining the adequacy of the supply of potable water under paragraph (1)(D), the Secretary shall consider—

(A) the size and type of vessel;

(B) the number of passengers or crew on board;

(C) the duration and routing of voyages; and

(D) guidelines for potable water recommended by the Centers for Disease Control and Prevention and the Public Health Service.

(b) If an inspection, or examination under section 3308 of this title, reveals that a life preserver, lifesaving device, or firehose is defective and incapable of being repaired, the owner or master shall destroy the life preserver, lifesaving device, or firehose in the presence of the official conducting the inspection or examination.

(c) A nautical school vessel operated by a civilian nautical school or by an educational institution under section 558 of title 40 shall be inspected like a small passenger vessel or a passenger vessel, depending on its tonnage.

(d)(1) The Commandant of the Coast Guard shall ensure that Officers in Charge, Marine Inspections consistently interpret regulations and standards under this subtitle and chapter 700 to avoid disruption and undue expense to industry.

(2)(A) Subject to subparagraph (B), in the event of a disagreement regarding the condition of a vessel or the interpretation of a regulation or standard referred to in subsection (a) between a local Officer in Charge, Marine Inspection conducting an inspection of the vessel and the Officer in Charge, Marine Inspection that issued the most recent certificate of inspection for the vessel, such Officers shall seek to resolve such disagreement.

(B) If a disagreement described in subparagraph (A) involves vessel design or plan review, the Coast Guard marine safety center shall be included in all efforts to resolve such disagreement.

(C) If a disagreement described in subparagraph (A) or (B) cannot be resolved, the local Officer in Charge, Marine Inspection shall submit to the Commandant of the Coast Guard, through the cognizant Coast Guard district commander, a request for a final agency determination of the matter in disagreement.

(3) The Commandant of the Coast Guard shall—

(A) provide to each person affected by a decision or action by an Officer in Charge, Marine Inspection or by the Coast Guard marine safety center all information necessary for such person to exercise any right to appeal such decision or action; and

(B) if such an appeal is filed, process such appeal under parts 1 through 4 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018.

(4) In this section, the term "Officer in Charge, Marine Inspection" means any person from the civilian or military branch of the Coast Guard who—

(A) is designated as such by the Commandant; and

(B) under the superintendence and direction of the cognizant Coast Guard district commander, is in charge of an inspection zone for the performance of duties with respect to the inspections under, and enforcement and administration of, subtitle II, chapter 700, and regulations under such laws.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 99–36, §1(a)(1), May 15, 1985, 99 Stat. 67; Pub. L. 99–640, §13(e), Nov. 10, 1986, 100 Stat. 3551; Pub. L. 107–217, §3(m)(2), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 108–293, title IV, §416, Aug. 9, 2004, 118 Stat. 1047; Pub. L. 109–241, title IX, §901(f), July 11, 2006, 120 Stat. 564; Pub. L. 115–282, title V, §501(a), Dec. 4, 2018, 132 Stat. 4268; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8507(a)(1), Jan. 1, 2021, 134 Stat. 4752.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3305 
46:369

  
46:390a

  
46:391

  
46:392

  
46:395

  
46:404–1

  
46:405

  
46:406

  
46:407

  
46:408

  
46:660a

  
46:881

Section 3305 consolidates, at one place, the basic scope of coverage of the inspection process. It is to be noted that the time difference in enactment of various statutes has resulted in some anomalies. Thus, for example, R.S. 4417 (46 U.S.C. 391) which had originally set periods of inspection and vested authority in "local inspectors" was expanded over the years to provide the base for inspection of certain classes of vessels as well as setting out the periods and scope. The distillation of inspection objectives and standards in later laws and the transfer of all functions of separately created bureaus and functionaries to the Coast Guard permit this consolidation. There are those who have a desire to see the scope and standards of inspection be more specific in law similar to those presently applicable to boilers and boiler plating that predate 1871. The Committee believes this serves no useful purpose since the specifics are either antiquated or too limiting and have, in fact, been superceded by the statutorily authorized adoption of various industrial specifications, standards, and codes by the Coast Guard. These include the American Bureau of Shipping (ABS), American Society of Mechanical Engineers (ASME), American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), American Welding Society (AWS), Underwriters Laboratories (UL), and many others. In addition, Coast Guard regulations must also implement and conform to the numerous international maritime safety treaties to which the United States is signatory. The Committee expects that the regulatory flexibility being provided will not reduce the present vessel inspection requirements that have been historically developed.

Section 3305(a) establishes the statutory scope of the Coast Guard's vessel inspection authority and duty. The inspection process shall ensure that a vessel is of suitable structure, equipment, and accommodations, is maintained in an operating condition consistent with safety of life and property, and complies with applicable marine safety laws and regulations.

Subsection (b) requires that defective life preservers and firehose be destroyed in the presence of the inspecting official, normally a qualified Coast Guard marine inspector. The Committee believes that if this equipment is defective for use on an inspected vessel, it should be destroyed so that it cannot be used on an uninspected or recreational vessel.

Subsection (c) provides flexibility in the inspection of various sizes of nautical school vessels.

Editorial Notes

References in Text

The date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018, referred to in subsec. (d)(3)(B), is the date of enactment of Pub. L. 115–282, which was approved Dec. 4, 2018.

Amendments

2021—Subsec. (d)(3)(B). Pub. L. 116–283 substituted "Frank LoBiondo Coast Guard Authorization Act of 2018" for "Coast Guard Authorization Act of 2017".

2018—Subsec. (d). Pub. L. 115–282 added subsec. (d).

2006—Subsec. (a)(2). Pub. L. 109–241 realigned margins.

2004—Subsec. (a). Pub. L. 108–293, §416(b), designated existing provisions as par. (1), redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), and added par. (2).

Subsec. (a)(4) to (6). Pub. L. 108–293, §416(a), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

2002—Subsec. (c). Pub. L. 107–217 substituted "section 558 of title 40" for "section 13 of the Coast Guard Authorization Act of 1986".

1986—Subsec. (c). Pub. L. 99–640 inserted "or by an educational institution under section 13 of the Coast Guard Authorization Act of 1986".

1985—Subsec. (b). Pub. L. 99–36 substituted "lifesaving" and "life preserver, lifesaving device, or firehose" for "life-saving" and "life preserver or firehose", respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 44103 (2024) — Title 46: SHIPPING / Chapter 441 / Section 44103: Financial responsibility to pay liability for death or injury
Financial responsibility to pay liability for death or injury
Status: in_force

(a) General Requirement.—The owner or charterer of a vessel to which this chapter applies shall establish, under regulations prescribed by the Federal Maritime Commission, financial responsibility to meet liability for death or injury to passengers or other individuals on a voyage to or from a port in the United States.

(b) Amounts.—

(1) In general.—The amount of financial responsibility required under subsection (a) shall be based on the number of passenger accommodations as follows:

(A) $20,000 for each of the first 500 passenger accommodations.

(B) $15,000 for each additional passenger accommodation between 501 and 1,000.

(C) $10,000 for each additional passenger accommodation between 1,001 and 1,500.

(D) $5,000 for each additional passenger accommodation over 1,500.

(2) Multiple vessels.—If the owner or charterer is operating more than one vessel subject to this chapter, the amount of financial responsibility shall be based on the number of passenger accommodations on the vessel with the largest number of passenger accommodations.

(c) Availability To Pay Judgment.—The amount determined under subsection (b) shall be available to pay a judgment for damages (whether less than or more than $20,000) for death or injury to a passenger or other individual on a voyage to or from a port in the United States.

(d) Means of Establishing.—Financial responsibility under this section may be established by one or more of the following if acceptable to the Commission:

(1) Insurance.

(2) Surety bond issued by a bonding company authorized to do business in the United States.

(3) Qualification as a self-insurer.

(4) Other evidence of financial responsibility.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1554.)

Historical and Revision Notes

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

44103
46 App.:817d(a) (1st–5th, 29th–last words), (b).
Pub. L. 89–777, §2(a) (1st–5th, 29th–last words), (b), Nov. 6, 1966, 80 Stat. 1356.

In subsection (d)(2), the words "issued by a bonding company authorized to do business in the United States" are substituted for 46 App. U.S.C. 817d(b) to eliminate unnecessary words. The words "or any State thereof or the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any territory or possession of the United States" are omitted as unnecessary because of the definition of "United States" in chapter 1 of the revised title.
46 U.S.C. § 30303 (2024) — Title 46: SHIPPING / Chapter 303 / Section 30303: Amount and apportionment of recovery
Amount and apportionment of recovery
Status: in_force

The recovery in an action under this chapter shall be a fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is brought. The court shall apportion the recovery among those individuals in proportion to the loss each has sustained.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1511.)

Historical and Revision Notes

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

30303
46 App.:762(a).
Mar. 30, 1920, ch. 111, §2(a), 41 Stat. 537; Pub. L. 106–181, title IV, §404(b)(1), Apr. 5, 2000, 114 Stat. 131.

The words "and just" are omitted as redundant to "fair". The words "each has sustained" are substituted for "they may severally have suffered by reason of the death of the person by whose representative the suit is brought" to eliminate unnecessary words.
46 U.S.C. § 4302 (2024) — Title 46: SHIPPING / Chapter 43 / Section 4302: Regulations
Regulations
Status: in_force

(a) The Secretary may prescribe regulations—

(1) establishing minimum safety standards for recreational vessels and associated equipment, and establishing procedures and tests required to measure conformance with those standards, with each standard—

(A) meeting the need for recreational vessel safety; and

(B) being stated, insofar as practicable, in terms of performance;

(2) requiring the installation, carrying, or use of associated equipment (including fuel systems, ventilation systems, electrical systems, sound-producing devices, firefighting equipment, lifesaving devices, signaling devices, ground tackle, life- and grab-rails, and navigational equipment) on recreational vessels and classes of recreational vessels subject to this chapter, and prohibiting the installation, carrying, or use of associated equipment that does not conform with safety standards established under this section; and

(3) requiring or permitting the display of seals, labels, plates, insignia, or other devices for certifying or evidencing compliance with safety regulations and standards of the United States Government for recreational vessels and associated equipment.

(b) Each regulation prescribed under this section shall specify an effective date that is not earlier than 180 days from the date the regulation was published, unless the Secretary finds that there exists a recreational vessel safety hazard so critical as to require an earlier effective date. However, this period may not be more than 24 months for cases involving, in the discretion of the Secretary, major product design, retooling, or major changes in the manufacturing process.

(c) In prescribing regulations under this section, the Secretary shall, among other things—

(1) consider the need for and the extent to which the regulations will contribute to recreational vessel safety;

(2) consider relevant available recreational vessel safety standards, statistics, and data, including public and private research, development, testing, and evaluation;

(3) not compel substantial alteration of a recreational vessel or item of associated equipment that is in existence, or the construction or manufacture of which is begun before the effective date of the regulation, but subject to that limitation may require compliance or performance, to avoid a substantial risk of personal injury to the public, that the Secretary considers appropriate in relation to the degree of hazard that the compliance will correct; and

(4) consult with the National Boating Safety Advisory Committee established under section 15105 of this title about the considerations referred to in clauses (1)–(3) of this subsection.

(d) Section 8903 of this title does not apply to a vessel being operated for bona fide dealer demonstrations provided without fee to business invitees. However, if on the basis of substantial evidence, the Secretary decides under this section that requiring vessels so operated to be under the control of licensed individuals is necessary for boating safety, then the Secretary may prescribe regulations requiring the licensing of individuals controlling these vessels in the same manner as provided in chapter 89 of this title for individuals in control of vessels carrying passengers for hire.

(e)(1) Under this section, a model year for recreational vessels and associated equipment shall, except as provided in paragraph (2)—

(A) begin on June 1 of a year and end on July 31 of the following year; and

(B) be designated by the year in which it ends.

(2) Upon the request of a recreational vessel manufacturer to which this chapter applies, the Secretary may alter a model year for a model of recreational vessel of the manufacturer and associated equipment, by no more than 6 months from the model year described in paragraph (1).

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 530; Pub. L. 114–120, title III, §303(a), Feb. 8, 2016, 130 Stat. 53; Pub. L. 115–282, title VI, §601(c)(4)(B)(i), Dec. 4, 2018, 132 Stat. 4290.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

4302 
46:1454
46:1455

46:1456

46:1464(g)

46:1488

Section 4302 authorizes the Secretary to prescribe regulations to carry out the provisions of this chapter. In lieu of establishing specific statutory safety requirements, subsection (a) provides flexible regulatory authority to establish uniform standards for the design, construction, materials, and performance of the boats themselves and all associated equipment. It also provides for the display of seals and other devices for certifying or evidencing compliance with applicable safety regulations or standards.

Section 4302(b) requires a regulation prescribed under this section to have an effective date that is not earlier than 180 days from publication. However, in those instances where a safety hazard may be critical an earlier effective date is authorized.

Section 4302(c) requires the Secretary to consider certain objectives in developing regulatory controls and regulations or standards and that there must be an effective consultation process.

Section 4302(d) exempts dealer demonstration boats from the requirement of having to be named by a licensed individual when demonstrating boats to prospective purchasers or other business invitees when no fees are charged. The Secretary may require that boats so used be under control of a licensed individual.

Editorial Notes

Amendments

2018—Subsec. (c)(4). Pub. L. 115–282 substituted "Committee established under section 15105 of this title" for "Council established under section 13110 of this title".

2016—Subsec. (e). Pub. L. 114–120 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–120, title III, §303(b), Feb. 8, 2016, 130 Stat. 53, provided that: "This section [amending this section] shall only apply with respect to recreational vessels and associated equipment constructed or manufactured, respectively, on or after the date of enactment of this Act [Feb. 8, 2016]."

Equipment Requirements; Exemption From Throwable Personal Flotation Devices Requirement

Pub. L. 115–282, title VIII, §827, Dec. 4, 2018, 132 Stat. 4314, provided that: "Not later than one year after the date of enactment of this Act [Dec. 4, 2018], the Secretary of the department in which the Coast Guard is operating shall—

"(1) prescribe regulations in part 160 of title 46, Code of Federal Regulations, that treat a marine throw bag, as that term is commonly used in the commercial whitewater rafting industry, as a type of lifesaving equipment; and

"(2) revise section 175.17 of title 33, Code of Federal Regulations, to exempt rafts that are 16 feet or more overall in length from the requirement to carry an additional throwable personal flotation device when such a marine throw bag is onboard and accessible."

Visual Distress Signals and Alternative Use

Pub. L. 115–282, title VIII, §828, Dec. 4, 2018, 132 Stat. 4314, provided that:

"(a) In General.—The Secretary of the department in which the Coast Guard is operating shall develop a performance standard for the alternative use and possession of visual distress alerting and locating signals as mandated by carriage requirements for recreational boats in subpart C of part 175 of title 33, Code of Federal Regulations.

"(b) Regulations.—Not later than 180 days after the performance standard for alternative use and possession of visual distress alerting and locating signals is finalized, the Secretary shall revise part 175 of title 33, Code of Federal Regulations, to allow for carriage of such alternative signal devices."

Large Recreational Vessel Regulations

Pub. L. 115–232, div. C, title XXXV, §3529(a), Aug. 13, 2018, 132 Stat. 2318, provided that:

"(a) In General.—

"(1) Issuance.—The Secretary of the department in which the Coast Guard is operating shall issue large recreational vessel regulations applicable to any recreational vessel (as defined in section 2101 of title 46, United States Code) over 300 gross tons as measured under section 14502 of such title, or an alternate tonnage measured under section 14302 of such title as prescribed by the Secretary under section 14104 of such title, that does not carry any cargo or passengers for hire.

"(2) Scope and content of regulations.—The regulations issued under this subsection—

"(A) subject to subparagraph (B), shall be comparable to the code set forth in Merchant Shipping Notice 1851(M) (commonly referred to as the 'Large Commercial Yacht Code (LY3)'), as published by the Maritime and Coastguard Agency of the United Kingdom on August 20, 2013, or an equivalent code, regulation, or standard that is acceptable to the Secretary; and

"(B) shall require that, as part of the review of an application for documentation of a vessel that is subject to the regulations, the owner shall disclose to the Coast Guard—

"(i) the identification and place of residence of such owner; and

"(ii) if the owner is an entity described in paragraph (2), (3), or (4) of section 12103(b) of title 46, United States Code, the beneficial owners of such entity.

"(3) Deadline.—The Secretary shall issue regulations required by paragraph (1) by not later than one year after the date of the enactment of this Act [Aug. 13, 2018].

"(4) Interim compliance.—Until the effective date of regulations issued under paragraph (1), a recreational vessel described in paragraph (1) shall not be subject to inspection under section 3301(7) of title 46, United States Code, if the Secretary determines, as part of the review of the application for documentation submitted for the vessel by the owner of the vessel and other materials as considered necessary by the Secretary, that the vessel complies with the code set forth in Merchant Shipping Notice 1851(M) (commonly referred to as the 'Large Commercial Yacht Code (LY3)'), as published by the Maritime and Coastguard Agency of the United Kingdom on August 20, 2013, or an equivalent code, regulation, or standard that is acceptable to the Secretary.

"(5) Definitions.—

"(A) Beneficial owner.—In this subsection the term 'beneficial owner'—

"(i) means, with respect to an entity, each natural person who, directly or indirectly—

     "(I) exercises control over the entity through ownership interests, voting rights, agreements, or otherwise; or

     "(II) has an interest in or receives substantial economic benefits from the assets of the entity; and

"(ii) does not include, with respect to an entity—

     "(I) a minor child;

     "(II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;

     "(III) a person acting solely as an employee of the entity and whose control over or economic benefits from the entity derives solely from the employment status of the person;

     "(IV) a person whose only interest in the entity is through a right of inheritance, unless the person otherwise meets the definition of 'beneficial owner' under this subparagraph; and

     "(V) a creditor of the entity, unless the creditor otherwise meets the requirements of 'beneficial owner' under this subparagraph.

"(B) Owner.—In this subsection, other than in subparagraph (A) of this paragraph, the term 'owner' means the person who is the eligible owner of the vessel for purposes of section 12103(b) of title 46, United States Code."

Availability and Use of EPIRBs for Recreational Vessels

Pub. L. 105–383, title III, §309, Nov. 13, 1998, 112 Stat. 3422, provided that: "The Secretary of Transportation, through the Coast Guard and in consultation with the National Transportation Safety Board and recreational boating organizations, shall, within 24 months of the date of the enactment of this Act [Nov. 13, 1998], assess and report to Congress on the use of emergency position indicating beacons (EPIRBs) and similar devices by operators of recreational vessels on the Intracoastal Waterway and operators of recreational vessels beyond the Boundary Line. The assessment shall at a minimum—

"(1) evaluate the current availability and use of EPIRBs and similar devices by the operators of recreational vessels and the actual and potential contribution of such devices to recreational boating safety; and

"(2) provide recommendations on policies and programs to encourage the availability and use of EPIRBS [sic] and similar devices by the operators of recreational vessels."
46 U.S.C. § 56307 (2024) — Title 46: SHIPPING / Chapter 563 / Section 56307: Return of vessels
Return of vessels
Status: in_force

When a vessel requisitioned for use but not ownership is returned to the owner, the Secretary of Transportation shall—

(1) return the vessel in a condition at least as good as when taken, less ordinary wear and tear; or

(2) pay the owner an amount sufficient to recondition the vessel to that condition, less ordinary wear and tear.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1656.)

Historical and Revision Notes

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

56307
46 App.:1242(a) (4th sentence).
June 29, 1936, ch. 858, title IX, §902(a) (4th sentence), 49 Stat. 2015; Pub. L. 97–31, §12(131), Aug. 6, 1981, 95 Stat. 165.

The words "requisitioned for use but not ownership" are substituted for "taken and used under authority of this section, but the ownership thereof is not required by the United States" to eliminate unnecessary words.
46 U.S.C. § 3507 (2024) — Title 46: SHIPPING / Chapter 35 / Section 3507: Passenger vessel security and safety requirements
Passenger vessel security and safety requirements
Status: in_force

(a) Vessel Design, Equipment, Construction, and Retrofitting Requirements.—

(1) In general.—Each vessel to which this subsection applies shall comply with the following design and construction standards:

(A) The vessel shall be equipped with ship rails that are located not less than 42 inches above the cabin deck.

(B) Each passenger stateroom and crew cabin shall be equipped with entry doors that include peep holes or other means of visual identification.

(C) For any vessel the keel of which is laid after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, each passenger stateroom and crew cabin shall be equipped with—

(i) security latches; and

(ii) time-sensitive key technology.

(D) The vessel shall integrate technology that can be used for capturing images of passengers or detecting passengers who have fallen overboard, to the extent that such technology is available.

(E) The vessel shall be equipped with a sufficient number of operable acoustic hailing or other such warning devices to provide communication capability around the entire vessel when operating in high risk areas (as defined by the United States Coast Guard).

(2) Fire safety codes.—In administering the requirements of paragraph (1)(C), the Secretary shall take into consideration fire safety and other applicable emergency requirements established by the U.S. Coast Guard and under international law, as appropriate.

(b) Video Recording.—

(1) Requirement to maintain surveillance.—

(A) In general.—The owner of a vessel to which this section applies shall maintain a video surveillance system to assist in documenting crimes on the vessel and in providing evidence for the prosecution of such crimes.

(B) Placement of video surveillance equipment.—

(i) In general.—Not later than 18 months after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, the Commandant in consultation with other relevant Federal agencies or entities as determined by the Commandant, shall establish guidance for performance of the risk assessment described in paragraph (2) regarding the appropriate placement of video surveillance equipment in passenger and crew common areas where there is no reasonable expectation of privacy.

(ii) Risk assessment.—Not later than 1 year after the Commandant establishes the guidance described in paragraph (1), the owner shall conduct the risk assessment required under paragraph (1) and shall—

(I) evaluate the placement of video surveillance equipment to deter, prevent, and record a sexual assault aboard the vessel considering factors such as: ship layout and design, itinerary, crew complement, number of passengers, passenger demographics, and historical data on the type and location of prior sexual assault incident allegations;

(II) incorporate to the maximum extent practicable the video surveillance guidance established by the Commandant regarding the appropriate placement of video surveillance equipment;

(III) arrange for the risk assessment to be conducted by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent and record criminal behavior; and

(IV) the independent third party referred to in paragraph (C) shall be a company that has been accepted by a classification society that is a member of the International Association of Classification Societies (hereinafter referred to as "IACS") or another classification society recognized by the Secretary as meeting acceptable standards for such a society pursuant to section 3316(b).

(C) Surveillance plan.—Not later than 180 days after completion of the risk assessment conducted under subparagraph (B)(ii), the owner of a vessel shall develop a plan to install video surveillance equipment in places determined to be appropriate in accordance with the results of the risk assessment conducted under subparagraph (B)(ii), except in areas where a person has a reasonable expectation of privacy. Such plan shall be evaluated and approved by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent and record criminal behavior that has been accepted as set forth in paragraph (2)(D).

(D) Installation.—The owner of a vessel to which this section applies shall, consistent with the surveillance plan approved under subparagraph (C), install appropriate video surveillance equipment aboard the vessel not later than 2 years after approval of the plan, or during the next scheduled drydock, whichever is later.

(E) Attestation.—At the time of initial installation under subparagraph (D), the vessel owner shall obtain written attestations from—

(i) an IACS classification society that the video surveillance equipment is installed in accordance with the surveillance plan required under subparagraph (C); and

(ii) the company security officer that the surveillance equipment and associated systems are operational, which attestation shall be obtained each year thereafter.

(F) Updates.—The vessel owner shall ensure the risk assessment described in subparagraph (B)(ii) and installation plan in subparagraph (C) are updated not later than 5 years after the initial installation conducted under subparagraph (D), and every 5 years thereafter. The updated assessment and plan shall be approved by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent, and record criminal behavior that has been accepted by an IACS classification society. The vessel owner shall implement the updated installation plan not later than 180 days after approval.

(G) Availability.—Each risk assessment, installation plan and attestation shall be protected from disclosure under the Freedom of Information Act, section 552 of title 5 but shall be available to the Coast Guard—

(i) upon request, and

(ii) at the time of the certificate of compliance or certificate of inspection examination.

(H) Definitions.—For purposes of this section a "ship security officer" is an individual that, with the master's approval, has full responsibility for vessel security consistent with the International Ship and Port Facility Security Code.

(2) Notice of video surveillance.—The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the public of the presence of video surveillance equipment.

(3) Access to video records.—

(A) Law enforcement.—The owner of a vessel to which this section applies shall provide to any law enforcement official performing official duties in the course and scope of an investigation, upon request, a copy of all records of video surveillance that the official believes may provide evidence of a crime reported to law enforcement officials.

(B) Civil actions.—Except as proscribed by law enforcement authorities or court order, the owner of a vessel to which this section applies shall, upon written request, provide to any individual or the individual's legal representative a copy of all records of video surveillance—

(i) in which the individual is a subject of the video surveillance; and

(ii) that may provide evidence of any sexual assault incident in a civil action.

(C) Limited access.—The owner of a vessel to which this section applies shall ensure that access to records of video surveillance is limited to the purposes described in this paragraph.

(4) Retention requirements.—The owner of a vessel to which this section applies shall retain all records of video surveillance for not less than 20 days after the footage is obtained. The vessel owner shall include a statement in the security guide required by subsection (c)(1)(A) that the vessel owner is required by law to retain video surveillance footage for the period specified in this paragraph. If an incident described in subsection (g)(3)(A)(i) is alleged and reported to law enforcement, all records of video surveillance from the voyage that the Federal Bureau of Investigation determines are relevant shall—

(A) be provided to the Federal Bureau of Investigation; and

(B) be preserved by the vessel owner for not less than 4 years from the date of the alleged incident.

(c) Safety Information.—

(1) Criminal Activity Prevention and Response Guide.—The owner of a vessel to which this section applies (or the owner's designee) shall—

(A) have available for each passenger a guide (referred to in this subsection as the "security guide"), written in commonly understood English, which—

(i) provides a description of medical and security personnel designated on board to prevent and respond to criminal and medical situations with 24 hour contact instructions;

(ii) describes the jurisdictional authority applicable, and the law enforcement processes available, with respect to the reporting of homicide, suspicious death, a missing United States national, kidnapping, assault with serious bodily injury, any offense to which section 2241, 2242, 2243, or 2244(a) or (c) of title 18 applies, firing or tampering with the vessel, or theft of money or property in excess of $10,000, together with contact information for the appropriate law enforcement authorities for missing persons or reportable crimes which arise—

(I) in the territorial waters of the United States;

(II) on the high seas; or

(III) in any country to be visited on the voyage;

(B) provide a copy of the security guide to the Federal Bureau of Investigation for comment; and

(C) publicize the security guide on the website of the vessel owner.

(2) Embassy and consulate locations.—The owner of a vessel to which this section applies shall provide in each passenger stateroom, and post in a location readily accessible to all crew and in other places specified by the Secretary, information regarding the locations of the United States embassy and each consulate of the United States for each country the vessel will visit during the course of the voyage.

(d) Sexual Assault.—The owner of a vessel to which this section applies shall—

(1) maintain on the vessel adequate, in-date supplies of anti-retroviral medications and other medications designed to prevent sexually transmitted diseases after a sexual assault;

(2) maintain on the vessel equipment and materials for performing a medical examination in sexual assault cases to evaluate the patient for trauma, provide medical care, and preserve relevant medical evidence;

(3) make available on the vessel at all times medical staff who have undergone a credentialing process to verify that he or she—

(A) possesses a current physician's or registered nurse's license and—

(i) has at least 3 years of post-graduate or post-registration clinical practice in general and emergency medicine; or

(ii) holds board certification in emergency medicine, family practice medicine, or internal medicine;

(B) is able to provide assistance in the event of an alleged sexual assault, has received training in conducting forensic sexual assault examination, and is able to promptly perform such an examination upon request and provide proper medical treatment of a victim, including administration of anti-retroviral medications and other medications that may prevent the transmission of human immunodeficiency virus and other sexually transmitted diseases; and

(C) meets guidelines established by the American College of Emergency Physicians relating to the treatment and care of victims of sexual assault;

(4) prepare, provide to the patient, and maintain written documentation of the findings of such examination that is signed by the patient; and

(5) provide the patient free and immediate access to—

(A) contact information for local law enforcement, the Federal Bureau of Investigation, the United States Coast Guard, the nearest United States consulate or embassy, and the National Sexual Assault Hotline program or other third party victim advocacy hotline service; and

(B) a private telephone line and Internet-accessible computer terminal by which the individual may confidentially access law enforcement officials, an attorney, and the information and support services available through the National Sexual Assault Hotline program or other third party victim advocacy hotline service.

(e) Confidentiality of Sexual Assault Examination and Support Information.—The master or other individual in charge of a vessel to which this section applies shall—

(1) treat all information concerning an examination under subsection (d) confidential, so that no medical information may be released to the cruise line or other owner of the vessel or any legal representative thereof without the prior knowledge and approval in writing of the patient, or, if the patient is unable to provide written authorization, the patient's next-of-kin, except that nothing in this paragraph prohibits the release of—

(A) information, other than medical findings, necessary for the owner or master of the vessel to comply with the provisions of subsection (g) or other applicable incident reporting laws;

(B) information to secure the safety of passengers or crew on board the vessel; or

(C) any information to law enforcement officials performing official duties in the course and scope of an investigation; and

(2) treat any information derived from, or obtained in connection with, post-assault counseling or other supportive services as confidential, so no such information may be released to the cruise line or any legal representative thereof without the prior knowledge and approval in writing of the patient, or, if the patient is unable to provide written authorization, the patient's next-of-kin.

(f) Crew Access to Passenger Staterooms.—The owner of a vessel to which this section applies shall—

(1) establish and implement procedures and restrictions concerning—

(A) which crewmembers have access to passenger staterooms; and

(B) the periods during which they have that access; and

(2) ensure that the procedures and restrictions are fully and properly implemented and periodically reviewed.

(g) Log Book and Reporting Requirements.—

(1) In general.—The owner of a vessel to which this section applies shall—

(A) record in a log book, either electronically or otherwise, in a centralized location readily accessible to law enforcement personnel, a report on—

(i) all complaints of crimes described in paragraph (3)(A)(i),

(ii) all complaints of theft of property valued in excess of $1,000, and

(iii) all complaints of other crimes,

committed on any voyage that embarks or disembarks passengers in the United States; and

(B) make such log book available upon request to any agent of the Federal Bureau of Investigation, any member of the United States Coast Guard, and any law enforcement officer performing official duties in the course and scope of an investigation.

(2) Details required.—The information recorded under paragraph (1) shall include, at a minimum—

(A) the vessel operator;

(B) the name of the cruise line;

(C) the flag under which the vessel was operating at the time the reported incident occurred;

(D) the age and gender of the victim and the accused assailant;

(E) the nature of the alleged crime or complaint, as applicable, including whether the alleged perpetrator was a passenger or a crewmember;

(F) the vessel's position at the time of the incident, if known, or the position of the vessel at the time of the initial report;

(G) the time, date, and method of the initial report and the law enforcement authority to which the initial report was made;

(H) the time and date the incident occurred, if known;

(I) the total number of passengers and the total number of crew members on the voyage; and

(J) the case number or other identifier provided by the law enforcement authority to which the initial report was made.

(3) Requirement to report crimes and other information.—

(A) In general.—The owner of a vessel to which this section applies (or the owner's designee)—

(i) shall contact the nearest Federal Bureau of Investigation Field Office or Legal Attache by telephone as soon as possible after the occurrence on board the vessel of an incident involving homicide, suspicious death, a missing United States national, kidnapping, assault with serious bodily injury, any offense to which section 2241, 2242, 2243, or 2244(a) or (c) of title 18 applies, firing or tampering with the vessel, or theft of money or property in excess of $10,000 to report the incident;

(ii) shall furnish a written report of each incident specified in clause (i) to the Internet website maintained by the Secretary of Transportation under paragraph (4)(A);

(iii) may report any serious incident that does not meet the reporting requirements of clause (i) and that does not require immediate attention by the Federal Bureau of Investigation via the Internet website maintained by the Secretary of Transportation under paragraph (4)(A); and

(iv) may report any other criminal incident involving passengers or crewmembers, or both, to the proper State or local government law enforcement authority.

(B) Incidents to which subparagraph (A) applies.—Subparagraph (A) applies to an incident involving criminal activity if—

(i) the vessel, regardless of registry, is owned, in whole or in part, by a United States person, regardless of the nationality of the victim or perpetrator, and the incident occurs when the vessel is within the admiralty and maritime jurisdiction of the United States and outside the jurisdiction of any State;

(ii) the incident concerns an offense by or against a United States national committed outside the jurisdiction of any nation;

(iii) the incident occurs in the Territorial Sea of the United States, regardless of the nationality of the vessel, the victim, or the perpetrator; or

(iv) the incident concerns a victim or perpetrator who is a United States national on a vessel during a voyage that departed from or will arrive at a United States port.

(4) Availability of incident data via internet.—

(A) Website.—

(i) In general.—The Secretary of Transportation shall maintain a statistical compilation of all incidents on board a cruise vessel specified in paragraph (3)(A)(i) on an Internet website that provides a numerical accounting of the missing persons and alleged crimes reported under that paragraph without regard to the investigative status of the incident.

(ii) Updates and other requirements.—The compilation under clause (i) shall—

(I) be updated not less frequently than quarterly;

(II) be able to be sorted by cruise line;

(III) identify each cruise line by name;

(IV) identify each crime or alleged crime committed or allegedly committed by a passenger or crewmember;

(V) identify the number of individuals alleged overboard; and

(VI) include the approximate number of passengers and crew carried by each cruise line during each quarterly reporting period.

(iii) User-friendly format.—The Secretary of Transportation shall ensure that the compilation, data, and any other information provided on the Internet website maintained under this subparagraph are in a user-friendly format. The Secretary shall, to the greatest extent practicable, use existing commercial off the shelf technology to transfer and establish the website, and shall not independently develop software, or acquire new hardware in operating the site.

(B) Access to website.—Each cruise line taking on or discharging passengers in the United States shall include a link on its Internet website to the website maintained by the Secretary of Transportation under subparagraph (A).

(h) Enforcement.—

(1) Penalties.—

(A) Civil penalty.—Any person that violates this section or a regulation under this section shall be liable for a civil penalty of not more than $25,000 for each day during which the violation continues, except that the maximum penalty for a continuing violation is $50,000.

(B) Criminal penalty.—Any person that willfully violates this section or a regulation under this section shall be fined not more than $250,000 or imprisoned not more than 1 year, or both.

(2) Denial of entry.—The Secretary may deny entry into the United States to a vessel to which this section applies if the owner of the vessel—

(A) commits an act or omission for which a penalty may be imposed under this subsection; or

(B) fails to pay a penalty imposed on the owner under this subsection.

(i) Procedures.—The Secretary shall maintain guidelines, training curricula, and inspection and certification procedures necessary to carry out the requirements of this section.

(j) Regulations.—The Secretary and the Commandant shall each issue such regulations as are necessary to implement this section.

(k) Application.—

(1) In general.—This section and section 3508 apply to a passenger vessel (as defined in section 2101(31)) that—

(A) is authorized to carry 250 or more passengers;

(B) has overnight accommodations for 250 or more passengers; and

(C) is on a voyage that embarks or disembarks passengers in the United States.

(2) Federal and state vessels.—This section and section 3508 do not apply to a vessel of the United States operated by the Federal Government or a vessel owned and operated by a State.

(l) Definition.—In this section and section 3508, the term "owner" means the owner, charterer, managing operator, master, or other individual in charge of a vessel.

(Added Pub. L. 111–207, §3(a), July 27, 2010, 124 Stat. 2244; amended Pub. L. 113–281, title III, §321, Dec. 18, 2014, 128 Stat. 3054; Pub. L. 115–232, div. C, title XXXV, §§3541(b)(9), 3543(a), Aug. 13, 2018, 132 Stat. 2323, 2324; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8311, div. G, title LVXXXIV [LXXXIV], §8440(a)–(c)(1), Jan. 1, 2021, 134 Stat. 4697, 4739–4741; Pub. L. 117–263, div. K, title CXVIII, §11802, Dec. 23, 2022, 136 Stat. 4163.)

Editorial Notes

References in Text

The date of enactment of the Cruise Vessel Security and Safety Act of 2010, referred to in subsec. (a)(1)(C), is the date of enactment of Pub. L. 111–207, which was approved July 27, 2010.

The date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (b)(1)(B)(i), is the date of enactment of div. G of Pub. L. 116–283, which was approved Jan. 1, 2021.

Amendments

2022—Subsec. (k)(1)(A). Pub. L. 117–263, §11802(1), substituted "250 or more" for "at least 250".

Subsec. (k)(1)(B). Pub. L. 117–263, §11802(2), added subpar. (B) and struck out former subpar. (B). Prior to amendment, subpar. (B) read as follows: "has onboard sleeping facilities for each passenger; and".

2021—Subsec. (b)(1). Pub. L. 116–283, §8440(a), designated existing provisions as subpar. (A), inserted heading, struck out ", as determined by the Secretary" before the period, and added subpars. (B) to (H).

Subsec. (b)(2). Pub. L. 116–283, §8440(b)(2), added par. (2). Former par. (2) redesignated (3).

Subsec. (b)(3). Pub. L. 116–283, §8440(b)(1), (3), redesignated par. (2) as (3), designated existing provisions as subpar. (A), inserted heading, and added subpars. (B) and (C).

Subsec. (b)(4). Pub. L. 116–283, §8440(c)(1), added par. (4).

Subsec. (k)(1)(D). Pub. L. 116–283, §8311, struck out subpar. (D) which read as follows: "is not engaged on a coastwise voyage."

2018—Subsec. (a)(3). Pub. L. 115–232, §3543(a)(1), struck out par. (3) which related to effective date of par. (1) requirements.

Subsec. (e)(2). Pub. L. 115–232, §3543(a)(2), substituted "services as confidential" for "services confidential".

Subsec. (i). Pub. L. 115–232, §3543(a)(3), substituted "The Secretary shall maintain" for "Within 6 months after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the Secretary shall issue".

Subsec. (k)(1). Pub. L. 115–232, §3541(b)(9)(A), substituted "section 2101(31)" for "section 2101(22)" in introductory provisions.

Subsec. (l). Pub. L. 115–232, §3541(b)(9)(B), added subsec. (l) and struck out former subsec. (l) which defined "Commandant" and "owner".

2014—Subsec. (g)(3)(A)(ii). Pub. L. 113–281, §321(a)(1), substituted "each incident specified in clause (i) to the Internet website maintained by the Secretary of Transportation under paragraph (4)(A)" for "the incident to an Internet based portal maintained by the Secretary".

Subsec. (g)(3)(A)(iii). Pub. L. 113–281, §321(a)(2), substituted "Internet website maintained by the Secretary of Transportation under paragraph (4)(A)" for "Internet based portal maintained by the Secretary".

Subsec. (g)(4)(A). Pub. L. 113–281, §321(b)(1), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "The Secretary shall maintain a statistical compilation of all incidents described in paragraph (3)(A)(i) on an Internet site that provides a numerical accounting of the missing persons and alleged crimes recorded in each report filed under paragraph (3)(A)(i) that are no longer under investigation by the Federal Bureau of Investigation. The data shall be updated no less frequently than quarterly, aggregated by cruise line, each cruise line shall be identified by name, and each crime shall be identified as to whether it was committed by a passenger or a crew member."

Subsec. (g)(4)(B). Pub. L. 113–281, §321(b)(2), substituted "Secretary of Transportation" for "Secretary".

Statutory Notes and Related Subsidiaries

Administrative Provisions

Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], §8440(c)(2), Jan. 1, 2021, 134 Stat. 4742, provided that:

"(A) Study and report.—Each owner of a vessel to which section 3507 of title 46, United States Code, applies shall, not later than March 1, 2023, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the total number of voyages for the preceding year and the percentage of those voyages that were 30 days or longer.

"(B) Interim standards.—Not later than 180 days after the date of enactment of this Act [Jan. 1, 2021], the Commandant [of the Coast Guard], in consultation with the Federal Bureau of Investigation, shall promulgate interim standards for the retention of records of video surveillance.

"(C) Final standards.—Not later than 1 year after the date of enactment of this Act, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate final standards for the retention of records of video surveillance.

"(D) Considerations.—In promulgating standards under subparagraphs (B) and (B) [probably should be '(C)'], the Commandant shall—

"(i) consider factors that would aid in the investigation of serious crimes, including the results of the report by the Commandant provided under subparagraph (A), as well as crimes that go unreported until after the completion of a voyage;

"(ii) consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built;

"(iii) consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and

"(iv) consider technological advancements, including requirements to update technology."

Findings

Pub. L. 111–207, §2, July 27, 2010, 124 Stat. 2243, provided that: "The Congress makes the following findings:

"(1) There are approximately 200 overnight ocean-going cruise vessels worldwide. The average ocean-going cruise vessel carries 2,000 passengers with a crew of 950 people.

"(2) In 2007 alone, approximately 12,000,000 passengers were projected to take a cruise worldwide.

"(3) Passengers on cruise vessels have an inadequate appreciation of their potential vulnerability to crime while on ocean voyages, and those who may be victimized lack the information they need to understand their legal rights or to know whom to contact for help in the immediate aftermath of the crime.

"(4) Sexual violence, the disappearance of passengers from vessels on the high seas, and other serious crimes have occurred during luxury cruises.

"(5) Over the last 5 years, sexual assault and physical assaults on cruise vessels were the leading crimes investigated by the Federal Bureau of Investigation with regard to cruise vessel incidents.

"(6) These crimes at sea can involve attacks both by passengers and crewmembers on other passengers and crewmembers.

"(7) Except for United States flagged vessels, or foreign flagged vessels operating in an area subject to the direct jurisdiction of the United States, there are no Federal statutes or regulations that explicitly require cruise lines to report alleged crimes to United States Government officials.

"(8) It is not known precisely how often crimes occur on cruise vessels or exactly how many people have disappeared during ocean voyages because cruise line companies do not make comprehensive, crime-related data readily available to the public.

"(9) Obtaining reliable crime-related cruise data from governmental sources can be difficult, because multiple countries may be involved when a crime occurs on the high seas, including the flag country for the vessel, the country of citizenship of particular passengers, and any countries having special or maritime jurisdiction.

"(10) It can be difficult for professional crime investigators to immediately secure an alleged crime scene on a cruise vessel, recover evidence of an onboard offense, and identify or interview potential witnesses to the alleged crime.

"(11) Most cruise vessels that operate into and out of United States ports are registered under the laws of another country, and investigations and prosecutions of crimes against passengers and crewmembers may involve the laws and authorities of multiple nations.

"(12) The Department of Homeland Security has found it necessary to establish 500-yard security zones around cruise vessels to limit the risk of terrorist attack. Recently piracy has dramatically increased throughout the world.

"(13) To enhance the safety of cruise passengers, the owners of cruise vessels could upgrade, modernize, and retrofit the safety and security infrastructure on such vessels by installing peep holes in passenger room doors, installing security video cameras in targeted areas, limiting access to passenger rooms to select staff during specific times, and installing acoustic hailing and warning devices capable of communicating over distances."
46 U.S.C. § 54301 (2024) — Title 46: SHIPPING / Chapter 543 / Section 54301: Port infrastructure development program
Port infrastructure development program
Status: in_force

(a) Port and Intermodal Improvement Program.—

(1) General authority.—Subject to the availability of appropriations, the Secretary of Transportation shall make grants, on a competitive basis, to eligible applicants to assist in funding eligible projects for the purpose of improving the safety, efficiency, or reliability of the movement of goods through ports and intermodal connections to ports.

(2) Eligible applicant.—The Secretary may make a grant under this subsection or subsection (b) to the following:

(A) A State.

(B) A political subdivision of a State, or a local government.

(C) A public agency or publicly chartered authority established by 1 or more States.

(D) A special purpose district with a transportation function.

(E) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), without regard to capitalization), or a consortium of Indian Tribes.

(F) A multistate or multijurisdictional group of entities described in this paragraph.

(G) A lead entity described in subparagraph (A), (B), (C), (D), (E), or (F) jointly with a private entity or group of private entities, including the owners or operators of a facility, or collection of facilities at a port.

(3) Eligible projects.—The Secretary may make a grant under this subsection—

(A) for a project, or package of projects, that—

(i) is either—

(I) within the boundary of a port; or

(II) outside the boundary of a port, but is directly related to port operations or to an intermodal connection to a port; and

(ii) will be used to improve the safety, efficiency, or reliability of—

(I) the loading and unloading of goods at the port, such as for marine terminal equipment;

(II) the movement of goods into, out of, around, or within a port, such as for highway or rail infrastructure, intermodal facilities, freight intelligent transportation systems, and digital infrastructure systems;

(III) operational improvements, including projects to improve port resilience;

(IV) environmental and emission mitigation measures; including projects for—

(aa) port electrification or electrification master planning;

(bb) harbor craft or equipment replacements or retrofits;

(cc) development of port or terminal microgrids;

(dd) providing idling reduction infrastructure;

(ee) purchase of cargo handling equipment and related infrastructure;

(ff) worker training to support electrification technology;

(gg) installation of port bunkering facilities from oceangoing vessels for fuels;

(hh) electric vehicle charge or hydrogen refueling infrastructure for drayage and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or

(ii) other related port activities, including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies; or

(V) port and port-related infrastructure that supports seafood and seafood-related businesses, including the loading and unloading of commercially harvested fish and fish products, seafood processing, cold storage, and other related infrastructure.

(B) notwithstanding paragraph (6)(A)(v), to provide financial assistance to 1 or more projects under subparagraph (A) for development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, and preliminary engineering and design work.

(4) Prohibited uses.—A grant award under this subsection may not be used—

(A) to finance or refinance the construction, reconstruction, reconditioning, or purchase of a vessel that is eligible for such assistance under chapter 537, unless the Secretary determines such vessel—

(i) is necessary for a project described in paragraph (3)(A)(ii)(III) of this subsection; and

(ii) is not receiving assistance under chapter 537; or

(B) for any project within a small shipyard (as defined in section 54101).

(5) Applications and process.—

(A) Applications.—

(i) In general.—To be eligible for a grant under this subsection or subsection (b), an eligible applicant shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary considers appropriate.

(ii) Ensuring cybersecurity.—If a covered applicant for a grant under this subsection is applying to use the grant to acquire digital infrastructure or a software component, such applicant shall—

(I) certify the facility for which a covered applicant is applying for a grant has an approved facility security plan pursuant to section 70103(c) of this title that addresses the cybersecurity risks of such digital infrastructure or software component; or

(II) if the approved facility security plan of a facility for which a covered applicant is applying for a grant does not address such cybersecurity risks, provide a brief description in the application of how such applicant will address the cybersecurity risks of such digital infrastructure or software component.

(iii) Update of facility security plan.—If the approved facility security plan required under section 70103(c) of this title of a facility for which a covered applicant is applying for a grant under this subsection does not address the cybersecurity risks of digital infrastructure or a software component to be acquired by such grant and such applicant provides a brief description to address such cybersecurity risks under clause (ii)(II), the covered applicant shall ensure that such security plan is updated to address the cybersecurity risks described in clause (ii)(II) in the next update required under paragraph (3)(G) of such section.

(iv) Covered applicant defined.—In this paragraph, the term "covered applicant" means an applicant under this subsection that is not otherwise eligible under subsection (b).

(B) Solicitation process.—Not later than 90 days after the date that amounts are made available for grants under this subsection or subsection (b) for a fiscal year, the Secretary shall solicit grant applications for eligible projects in accordance with this subsection.

(C) Delayed notice of funding opportunity.—If the Secretary amends a published solicitation for grant applications such that an applicant would need the information contained in the amendment to draft an application, other than an amendment of the amount of grant funding available, the Secretary shall extend the application deadline by the number of days between the initial solicitation and the amendment.

(6) Project selection criteria.—

(A) In general.—The Secretary may select a project described in paragraph (3) for funding under this subsection if the Secretary determines that—

(i) the project improves the safety, efficiency, or reliability of the movement of goods through a port or intermodal connection to a port;

(ii) the project is cost effective (except in the case of a project described under subparagraph (D));

(iii) the eligible applicant has authority to carry out the project;

(iv) the eligible applicant has sufficient funding available to meet the matching requirements under paragraph (8);

(v) the project will be completed without unreasonable delay; and

(vi) the project cannot be easily and efficiently completed without Federal funding or financial assistance available to the project sponsor.

(B) Additional considerations.—In selecting projects described in paragraph (3) for funding under this subsection, the Secretary shall give substantial weight to—

(i) the utilization of non-Federal contributions;

(ii) the net benefits of the funds awarded under this subsection, considering the cost-benefit analysis of the project, as applicable (except in the case of a project described under subparagraph (D)); and

(iii) a port's increased resilience as a result of the project.

(C) In general.—In selecting projects described in paragraph (3), the Maritime Administrator, in consultation with the Secretary of Defense, may give priority to providing funding to strategic seaports in support of national security requirements.

(D) Noncontiguous states and territories.—The requirements under subparagraphs (A)(ii) and (B)(ii) shall not apply in the case of a project described in paragraph (3) in a noncontiguous State or territory.

(7) Allocation of funds.—

(A) Geographic distribution.—Not more than 25 percent of the amounts made available for grants under this subsection for a fiscal year may be used to make grants for projects in any 1 State.

(B) Small projects.—The Secretary shall reserve 25 percent of the amounts made available for grants under this subsection each fiscal year to make grants for eligible projects described in subsection (b). The requirement under paragraph (6)(A)(ii) shall not apply to grants made under subsection (b).

(C) Development phase activities.—Of the amounts made available for grants under this section for a fiscal year—

(i) not more than 10 percent may be used to make grants for development phase activities under paragraph (3)(B); and

(ii) not more than 10 percent may be used to make grants for development phase activities under subsection (b)(5)(A)(ii)(III).

(8) Federal share of total project costs.—

(A) Total project costs.—To be eligible for a grant under this subsection or subsection (b), an eligible applicant shall submit to the Secretary an estimate of the total costs of the project for which the grant is requested based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities.

(B) Federal share.—

(i) In general.—Except as provided in clause (ii), the Federal share of the total costs of a project under this subsection or subsection (b) shall not exceed 80 percent.

(ii) Rural areas.—The Secretary may increase the Federal share of costs above 80 percent for a project for which a grant is awarded under subsection (b) or that is located in a rural area.

(9) Procedural safeguards.—The Secretary shall issue guidelines to establish appropriate accounting, reporting, and review procedures for grants made under this subsection and subsection (b) to ensure that—

(A) grant funds are used for the purposes for which those funds were made available;

(B) each grantee properly accounts for all expenditures of grant funds;

(C) grant funds not used for such purposes and amounts not obligated or expended are returned; and

(D) grant contracts are approved efficiently by the Secretary, minimizing delays for minor adjustments to project scopes and budgets, including due to inflationary effects on projects.

(10) Grant conditions.—

(A) In general.—The Secretary shall require as a condition of making a grant under this subsection or subsection (b) that a grantee—

(i) maintain such records as the Secretary considers necessary;

(ii) make the records described in clause (i) available for review and audit by the Secretary; and

(iii) periodically report to the Secretary such information as the Secretary considers necessary to assess progress.

(B) Efficient use of non-federal funds.—

(i) In general.—Notwithstanding any other provision of law and subject to approval by the Secretary, in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed—

(I) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and

(II) any non-Federal funds obligated or expended in accordance with subclause (I) shall be credited toward the non-Federal cost share for the project for which the grant is provided.

(ii) Requirements.—

(I) Application.—In order to obligate and expend non-Federal funds under clause (i), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that clause, including—

(aa) a description of the activities the grant recipient intends to fund;

(bb) a justification for advancing the activities described in item (aa), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and

(cc) the level of risk of the activities described in item (aa).

(II) Approval.—The Secretary shall approve or disapprove each request submitted under subclause (I).

(III) Compliance with applicable requirements.—Any obligation or expenditure of non-Federal funds under clause (i) shall be in compliance with all applicable requirements, including any requirements included in the grant agreement.

(iii) Effect.—The obligation or expenditure of any non-Federal funds in accordance with this subparagraph shall not—

(I) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant;

(II) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or

(III) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in clause (i).

(C) Construction, repair, or alteration of vessels.—With regard to the construction, repair, or alteration of vessels, the same requirements of section 117(k) of title 23, United States Code, shall apply regardless of whether the location of contract performance is known when bids for such work are solicited.

(11) Administration.—

(A) Administrative and oversight costs.—The Secretary may retain not more than 2 percent of the amounts appropriated for each fiscal year to make grants for port development under this section for the administrative and oversight costs incurred by the Secretary to make grants for port development under this section.

(B) Availability.—

(i) In general.—Amounts appropriated to make grants for port development under this section shall remain available until expended.

(ii) Unexpended funds.—Amounts awarded as a grant for port development under this section that are not expended by the grantee during the 5-year period following the date of the award or that are returned under paragraph (9)(C) shall remain available to the Secretary for use for grants under this subsection in a subsequent fiscal year. 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.

(12) Definitions.—In this subsection and subsection (b):

(A) Port.—The term "port" includes—

(i) any port on the navigable waters of the United States; and

(ii) any harbor, marine terminal, or other shore side facility used principally for the movement of goods on inland waters (including the Great Lakes).

(B) Project.—The term "project" includes construction, reconstruction, environmental rehabilitation, acquisition of property, including land related to the project and improvements to the land, equipment acquisition, and operational improvements.

(C) Rural area.—The term "rural area" means an area that is outside an urbanized area.

(D) Resilience.—The term "resilience" means the ability to anticipate, prepare for, adapt to, withstand, respond to, and recover from operational disruptions and sustain critical operations at ports, including disruptions caused by natural or manmade hazards, such as sea level rise, flooding, earthquakes, hurricanes, tsunami inundation or other extreme weather events.

(E) Strategic seaport defined.—In this subsection the term "strategic seaport" means a military port or commercial port that is subject to a port planning order or Basic Ordering Agreement (or both) that is projected to be used for the deployment of forces and shipment of ammunition or sustainment supplies in support of military operations.

(b) Assistance for Small Inland River and Coastal Ports and Terminals.—

(1) In general.—From amounts reserved under subsection (a)(7)(B), the Secretary, acting through the Administrator of the Maritime Administration, shall make grants under this subsection to eligible applicants for eligible projects at a port, to and from which the average annual tonnage of cargo for the immediately preceding 3 calendar years from the time an application is submitted is less than 8,000,000 short tons, as determined using United States Army Corps of Engineers data or data provided by an independent audit.

(2) Independent audit.—

(A) In general.—If an eligible applicant provides data by an independent audit for purposes of paragraph (1), the Secretary shall use such data to make a tonnage determination if the Secretary determines that it is acceptable to use such data instead of using Corps of Engineers data.

(B) Acceptable use of data.—For purposes of subparagraph (A), an acceptable use of data means that the Secretary has determined such data is a reasonable substitute for Army Corps data.

(C) Justification.—If the Secretary makes a determination pursuant to subparagraph (A) that it is not acceptable to use independent audit data provided by an eligible applicant, the Secretary shall provide the eligible applicant with notification of, and justification for, such determination.

(3) Tonnage determination.—In making a determination of the average annual tonnage of cargo using Corps of Engineers data for purposes of evaluating an application of an eligible applicant pursuant to paragraph (1), the Secretary shall use data that is specific to the eligible applicant.

(4) Awards.—In providing assistance under this subsection, the Secretary shall—

(A) take into account—

(i) the economic advantage and the contribution to freight transportation at a port; and

(ii) the competitive disadvantage of such a port;

(B) not make more than 1 award per applicant under this subsection for each fiscal year appropriation; and

(C) take into consideration the degree to which a project would promote the enhancement and efficiencies of a port.

(5) Use of funds.—

(A) In general.—Assistance provided under this subsection may be used for a project that—

(i) is—

(I) within the boundary of a port; or

(II) outside the boundary of a port, but is directly related to port operations or to an intermodal connection to a port; and

(ii) for—

(I) making capital improvements, including to piers, wharves, docks, terminals, and similar structures used principally for the movement of goods;

(II) acquiring, improving, repairing, or maintaining transportation or physical infrastructure, buildings, or equipment;

(III) performing development phase activities described in subsection (a)(3)(B) related to carrying out an activity described in this clause; and

(IV) otherwise fulfilling the purposes for which such assistance is provided.

(B) Acquisition methods.—The Secretary may not require as a condition of issuing a grant under this subsection—

(i) direct ownership of either a facility or equipment to be procured using funds awarded under this subsection; or

(ii) that equipment procured using such funds be new.

(6) Prohibited uses.—Funds provided under this subsection may not be used for—

(A) projects conducted on property outside the boundary of a port unless such property is directly related to port operations or to an intermodal connection to a port;

(B) any single grant award more than 10 percent of total allocation of funds to carry out this subsection per fiscal year appropriation; or

(C) activities, including channel improvements or harbor deepening that is part of a Federal channel or an access channel associated with a Federal channel, authorized, as of the date of the application for assistance under this subsection, to be carried out by of the United States Army Corps of Engineers.

(7) Matching requirements.—

(A) In general.—Any costs of the project to be paid by the recipient's matching share pursuant to subsection (a)(8)(B) may—

(i) be incurred prior to the date on which assistance is provided; and

(ii) include a loan agreement, a commitment from investors, cash on balance sheet, or other contributions determined acceptable by the Secretary.

(B) Determination of effectiveness.—In determining whether a project meets the criteria under clauses (i), (iii), (iv), (v), and (vi) of subsection (a)(6)(A), the Secretary shall accept documentation used to obtain a commitment of the matching funds covered by this paragraph, including feasibility studies, business plans, investor prospectuses, loan applications, or similar documentation.

(c) Additional Authority of the Secretary.—In carrying out this section, the Secretary may—

(1) coordinate with other Federal agencies to expedite the process established under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of port facilities to improve the efficiency of the transportation system, to increase port security, or to provide greater access to port facilities;

(2) seek to coordinate all reviews or requirements with appropriate Federal, State, and local agencies; and

(3) in addition to any financial assistance provided under subsection (a) or subsection (b), provide such technical assistance to any eligible applicants as described in subsection (a)(2).

(Added and amended Pub. L. 117–81, div. C, title XXXV, §3513(a), (b), Dec. 27, 2021, 135 Stat. 2240; Pub. L. 118–31, div. C, title XXXV, §§3511, 3512, 3513(b), 3514(a), Dec. 22, 2023, 137 Stat. 808–810; Pub. L. 118–159, div. C, title XXXV, §§3511(a)(3), (d)–(f), 3535(a), Dec. 23, 2024, 138 Stat. 2306, 2307, 2314.)

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (c)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Codification

Subsec. (a)(1) and (2) of section 3505 of Pub. L. 113–66, which were transferred to this section, redesignated as subsec. (a)(6)(C) and (12)(E), respectively, and amended by Pub. L. 118–31, div. C, title XXXV, §3514(a)(1)(A), (B), were based on Pub. L. 113–66, div. C, title XXXV, §3505(a), Dec. 26, 2013, 127 Stat. 1086, formerly set out as a note under section 50302 of this title.

Subsecs. (c) to (e) of section 50302 of this title, which were transferred to this section, redesignated as subsecs. (a) to (c), repsectively, and amended by Pub. L. 117–81, §3513(a)(2), (b), were based on 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.

Amendments

2024—Subsec. (a)(5)(A). Pub. L. 118–159, §3511(f), designated existing provisions as cl. (i), inserted cl. (i) heading, and added cls. (ii) to (iv).

Subsec. (a)(5)(C). Pub. L. 118–159, §3511(d), added subpar. (C).

Subsec. (a)(6)(A)(ii). Pub. L. 118–159, §3535(a)(1)(A), substituted "subparagraph (D)" for "subparagraph (C)".

Subsec. (a)(6)(B)(ii). Pub. L. 118–159, §3535(a)(1)(B), substituted "subparagraph (D)" for "subparagraph (C)".

Subsec. (a)(6)(C), (D). Pub. L. 118–159, §3535(a)(1)(C), redesignated subpar. (C) relating to noncontiguous states and territories as (D).

Subsec. (a)(9)(D). Pub. L. 118–159, §3511(e), added subpar. (D).

Subsec. (a)(10)(B)(i). Pub. L. 118–159, §3535(a)(2)(A), substituted "law and" for "law ans".

Subsec. (a)(10)(C), (D). Pub. L. 118–159, §3535(a)(2)(B), redesignated subpar. (D) as (C) and struck out former subpar. (C). Prior to amendment, text of subpar. (C) read as follows: "The Secretary shall apply the same requirements of section 117(k) of title 23, United States Code, to a port project assisted in whole or in part under this section as the Secretary does a port-related freight project under section 117 of title 23, United States Code."

Subsec. (a)(12)(A)(ii). Pub. L. 118–159, §3511(a)(3), substituted "inland waters (including the Great Lakes)" for "inland waters".

Subsec. (a)(12)(E). Pub. L. 118–159, §3535(a)(3), struck out "and" before "commercial port".

2023—Subsec. (a)(3)(A)(ii)(V). Pub. L. 118–31, §3511, added subcl. (V).

Subsec. (a)(6)(A)(ii). Pub. L. 118–31, §3513(b)(1), inserted "(except in the case of a project described under subparagraph (C))" after "effective".

Subsec. (a)(6)(B)(ii). Pub. L. 118–31, §3513(b)(2), inserted "(except in the case of a project described under subparagraph (C))" after "as applicable".

Subsec. (a)(6)(C). Pub. L. 118–31, §3514(a)(1)(A)(iii), which directed substitution of "In selecting projects described in paragraph (3)" for "Under the port infrastructure development grant program established under section 50302(c) of title 46, United States Code", was executed by making the substitution for "Under the port infrastructure development program established under section 50302(c) of title 46, United States Code" to reflect the probable intent of Congress.

Pub. L. 118–31, §3514(a)(1)(A)(i), (ii), transferred the text of section 3505(a)(1) of Pub. L. 113–66 to this section and redesignated it as subsec. (a)(6)(C) relating to priority funding for strategic seaports. See Codification note above.

Pub. L. 118–31, §3513(b)(3), added subpar. (C) relating to noncontiguous states and territories.

Subsec. (a)(7)(C)(ii). Pub. L. 118–31, §3512(b), substituted "subsection (b)(5)(A)(ii)(III)" for "subsection (b)(3)(A)(ii)(III)".

Subsec. (a)(12)(E). Pub. L. 118–31, §3514(a)(1)(B), transferred the text of section 3505(a)(2) of Pub. L. 113–66 to this section and redesignated it as subsec. (a)(12)(E). See Codification note above.

Subsec. (b)(1). Pub. L. 118–31, §3512(a)(1), struck out "the findings of which are acceptable to the Secretary" before period at end.

Subsec. (b)(2), (3). Pub. L. 118–31, §3512(a)(3), added pars. (2) and (3). Former pars. (2) and (3) redesignated (4) and (5), respectively.

Subsec. (b)(4) to (7). Pub. L. 118–31, §3512(a)(2), redesignated pars. (2) to (5) as (4) to (7), respectively.

Subsec. (b)(7)(B). Pub. L. 118–31, §3514(a)(2), which directed substitution of "subsection (a)(6)(A)" for "subsection (c)(6)(A)" in par. (5)(B), was executed to par. (7)(B) to reflect the probable intent of Congress and the intervening redesignation made by section 3512(a)(2) of Pub. L. 118–31. See Amendment note above.

2021—Subsec. (a). Pub. L. 117–81, §3513(a)(2), redesignated subsec. (c) of section 50302 of this title as subsec. (a) of this section. See Codification note above.

Subsec. (a)(2). Pub. L. 117–81, §3513(b)(1)(A), substituted "or subsection (b)" for "or subsection (d)".

Subsec. (a)(3)(A)(ii)(III), (IV). Pub. L. 117–81, §3513(b)(1)(B), added subcls. (III) and (IV) and struck out former subcl. (III), which read as follows: "environmental mitigation measures and operational improvements directly related to enhancing the efficiency of ports and intermodal connections to ports; or".

Subsec. (a)(5)(A). Pub. L. 117–81, §3513(b)(1)(C)(i), substituted "or subsection (b)" for "or subsection (d)".

Subsec. (a)(5)(B). Pub. L. 117–81, §3513(b)(1)(C)(ii), substituted "subsection (b)" for "subsection (d)".

Subsec. (a)(6)(B)(iii). Pub. L. 117–81, §3513(b)(1)(D), added cl. (iii).

Subsec. (a)(7)(B). Pub. L. 117–81, §3513(b)(1)(E)(i), substituted "subsection (b)" for "subsection (d)" in two places and "25 percent" for "18 percent".

Subsec. (a)(7)(C)(ii). Pub. L. 117–81, §3513(b)(1)(E)(ii), substituted "subsection (b)(3)(A)(ii)(III)" for "subsection (d)(3)(A)(ii)(III)".

Subsec. (a)(8)(A). Pub. L. 117–81, §3513(b)(1)(F)(i), substituted "or subsection (b)" for "or subsection (d)".

Subsec. (a)(8)(B). Pub. L. 117–81, §3513(b)(1)(F)(ii), substituted "subsection (b)" for "subsection (d)" in cls. (i) and (ii).

Subsec. (a)(9), (10)(A). Pub. L. 117–81, §3513(b)(1)(G), (H)(i), substituted "subsection (b)" for "subsection (d)" in introductory provisions.

Subsec. (a)(10)(B) to (D). Pub. L. 117–81, §3513(b)(1)(H)(ii), (iii), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.

Subsec. (a)(12). Pub. L. 117–81, §3513(b)(1)(I)(i), substituted "subsection (b)" for "subsection (d)" in introductory provisions.

Subsec. (a)(12)(D). Pub. L. 117–81, §3513(b)(1)(I)(ii), added subpar. (D).

Subsec. (b). Pub. L. 117–81, §3513(b)(2)(A), substituted "Inland River" for "Inland" in heading.

Pub. L. 117–81, §3513(a)(2), redesignated subsec. (d) of section 50302 of this title as subsec. (b) of this section. See Codification note above.

Subsec. (b)(1). Pub. L. 117–81, §3513(b)(2)(B), substituted "subsection (a)(7)(B)" for "subsection (c)(7)(B)".

Subsec. (b)(3)(A)(ii)(III). Pub. L. 117–81, §3513(b)(2)(C), substituted "subsection (a)(3)(B)" for "subsection (c)(3)(B)".

Subsec. (b)(5)(A). Pub. L. 117–81, §3513(b)(2)(D), substituted "subsection (a)(8)(B)" for "subsection (c)(8)(B)" in introductory provisions.

Subsec. (c). Pub. L. 117–81, §3513(a)(2), redesignated subsec. (e) of section 50302 of this title as subsec. (c) of this section. See Codification note above.

Subsec. (c)(3). Pub. L. 117–81, §3513(b)(3), substituted "subsection (a) or subsection (b)" for "subsection (c) or subsection (d)" and "subsection (a)(2)" for "subsection (c)(2)".
46 U.S.C. § 51905 (2024) — Title 46: SHIPPING / Chapter 519 / Section 51905: Flags and grave markers
Flags and grave markers
Status: in_force

Except as authorized under another law, the Secretary of Transportation may issue, at no cost, a flag of the United States and a grave marker to the family or personal representative of a deceased individual who served in the merchant marine of the United States in support of the armed forces of the United States or its allies during a war or national emergency.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1585.)

Historical and Revision Notes

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

51905
46 App.:2005.
Pub. L. 100–324, §6, May 30, 1988, 102 Stat. 577.
46 U.S.C. § 13107 (2024) — Title 46: SHIPPING / Chapter 131 / Section 13107: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a) Subject to subsection (c), the Secretary shall expend in each fiscal year for State recreational boating safety programs, under contracts with States under this chapter, an amount equal to the amount transferred to the Secretary under subsections (a)(2) and (f) of section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)(2) and (f)). The amount shall be allocated as provided under section 13104 of this title and shall be available for State recreational boating safety programs as provided under the guidelines established under subsection (b) of this section. Amounts authorized to be expended for State recreational boating safety programs shall remain available until expended and are deemed to have been expended only if an amount equal to the total amounts authorized to be expended under this section for the fiscal year in question and all prior fiscal years have been obligated. Amounts previously obligated but released by payment of a final voucher or modification of a program acceptance shall be credited to the balance of unobligated amounts and are immediately available for expenditure.

(b) The Secretary shall establish guidelines prescribing the purposes for which amounts available under this chapter for State recreational boating safety programs may be used. Those purposes shall include—

(1) providing facilities, equipment, and supplies for boating safety education and law enforcement, including purchase, operation, maintenance, and repair;

(2) training personnel in skills related to boating safety and to the enforcement of boating safety laws and regulations;

(3) providing public boating safety education, including educational programs and lectures, to the boating community and the public school system;

(4) acquiring, constructing, or repairing public access sites used primarily by recreational boaters;

(5) conducting boating safety inspections and marine casualty investigations;

(6) establishing and maintaining emergency or search and rescue facilities, and providing emergency or search and rescue assistance;

(7) establishing and maintaining waterway markers and other appropriate aids to navigation; and

(8) providing State recreational vessel numbering and titling programs.

(c)(1)(A) The Secretary may use amounts made available each fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the Coast Guard for investigations, personnel, and activities directly related to—

(i) administering State recreational boating safety programs under this chapter; or

(ii) coordinating or carrying out the national recreational boating safety program under this title.

(B) Of the amounts used by the Secretary each fiscal year under subparagraph (A)—

(i) not less than $2,100,000 is available to ensure compliance with chapter 43 of this title; and

(ii) not more than $1,500,000 is available to conduct by grant or contract a survey of levels of recreational boating participation and related matters in the United States.

(2) On or after October 1, 2024, no funds available to the Secretary under this subsection may be used to replace funding provided through general appropriations, nor for any purposes except those purposes authorized by this section.

(3) Amounts made available by this subsection shall remain available during the 2 succeeding fiscal years. Any amount that is unexpended or unobligated at the end of the 3-year period during which it is available shall be withdrawn by the Secretary and allocated to the States in addition to any other amounts available for allocation in the fiscal year in which they are withdrawn or the following fiscal year.

(4) The Secretary shall publish annually in the Federal Register a detailed accounting of the projects, programs, and activities funded under this subsection.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596, §13106; Pub. L. 98–369, div. A, title X, §1012, July 18, 1984, 98 Stat. 1013; Pub. L. 99–626, §4(c), Nov. 7, 1986, 100 Stat. 3505; Pub. L. 99–640, §7(b), (c), Nov. 10, 1986, 100 Stat. 3548; Pub. L. 100–448, §6(b)(1)(A), (2), (6), Sept. 28, 1988, 102 Stat. 1839, 1840; Pub. L. 105–178, title VII, §7405(b), (c)(1), June 9, 1998, 112 Stat. 487, 488; Pub. L. 108–88, §9(c), Sept. 30, 2003, 117 Stat. 1126; Pub. L. 108–202, §7(c), Feb. 29, 2004, 118 Stat. 484; Pub. L. 108–224, §6(c), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, §6(c), June 30, 2004, 118 Stat. 704; Pub. L. 108–280, §6(c), July 30, 2004, 118 Stat. 882; Pub. L. 108–310, §9(c), Sept. 30, 2004, 118 Stat. 1159; Pub. L. 109–14, §8(c), May 31, 2005, 119 Stat. 335; Pub. L. 109–20, §8(c), July 1, 2005, 119 Stat. 357; Pub. L. 109–35, §8(c), July 20, 2005, 119 Stat. 390; Pub. L. 109–37, §8(c), July 22, 2005, 119 Stat. 405; Pub. L. 109–40, §8(c), July 28, 2005, 119 Stat. 421; Pub. L. 109–59, title X, §10143, Aug. 10, 2005, 119 Stat. 1931; Pub. L. 109–74, title I, §102, title II, §203, Sept. 29, 2005, 119 Stat. 2030, 2032; renumbered §13107 and amended Pub. L. 109–304, §16(b)(1), (c)(5), Oct. 6, 2006, 120 Stat. 1705, 1706; Pub. L. 114–94, div. A, title X, §10002, Dec. 4, 2015, 129 Stat. 1621; Pub. L. 115–232, div. C, title XXXV, §3546(k), Aug. 13, 2018, 132 Stat. 2327; Pub. L. 117–58, div. B, title VIII, §28001(a)(4), Nov. 15, 2021, 135 Stat. 887.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

13106 
46:1479

Section 13106 provides the Secretary with liquidating contract authority in an amount equal to the revenues received from the motor boat fuel tax. One third shall be used for State boating safety programs, and 2/3 shall be used for State facilities improvement programs. And as provided in Section 13102(f), the approval of a State's program makes it a contractual obligation of the United States Government to provide the amounts available.

Editorial Notes

Prior Provisions

A prior section 13107, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596, established the National Recreational Boating Safety and Facilities Improvement Fund, prior to repeal by Pub. L. 98–369, div. A, title X, §1016(c)(1), July 18, 1984, 98 Stat. 1020. See section 9504 of Title 26, Internal Revenue Code.

Amendments

2021—Subsec. (c)(2). Pub. L. 117–58 substituted "On or after October 1, 2024, no funds available" for "No funds available".

2018—Subsec. (c)(2). Pub. L. 115–232 substituted "No" for "On and after October 1, 2016, no".

2015—Subsec. (a). Pub. L. 114–94, §10002(1), substituted "Subject to subsection (c)," for "(1) Subject to paragraph (2) and subsection (c)," and struck out "the sum of (A) the amount made available from the Boat Safety Account for that fiscal year under section 15 of the Dingell-Johnson Sport Fish Restoration Act and (B)" after "an amount equal to" and par. (2) which read as follows: "The Secretary shall use not more than two percent of the amount available each fiscal year for State recreational boating safety programs under this chapter to pay the costs of investigations, personnel, and activities related to administering those programs."

Subsec. (c)(1). Pub. L. 114–94, §10002(2)(A), added par. (1) and struck out former par. (1) which read as follows: "Of the amount transferred to the Secretary under subsection (a)(2) of section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)(2)), $5,500,000 is available to the Secretary for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program under this title, of which not less than $2,000,000 shall be available to the Secretary only to ensure compliance with chapter 43 of this title."

Subsec. (c)(2). Pub. L. 114–94, §10002(2)(B), substituted "On and after October 1, 2016, no funds" for "No funds" and struck out "traditionally" before "provided".

2006—Pub. L. 109–304, §16(b)(1), renumbered section 13106 of this title as this section.

Subsec. (a)(1). Pub. L. 109–304, §16(c)(5), substituted "section 13104" for "section 13103".

2005—Subsec. (a)(1). Pub. L. 109–59, §10143(2), as amended by Pub. L. 109–74, §102(2), substituted "subsections (a)(2) and (f) of section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)(2) and (f))" for "section 4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b))".

Pub. L. 109–59, §10143(1), as amended by Pub. L. 109–74, §102(1), substituted "the amount made available from the Boat Safety Account for that fiscal year under section 15 of the Dingell-Johnson Sport Fish Restoration Act" for "the amount appropriated from the Boat Safety Account for that fiscal year".

Subsec. (a)(2). Pub. L. 109–59, §10143(3), struck out "not less than one percent and" before "not more than two percent".

Subsec. (c)(1). Pub. L. 109–74, §203, substituted "$5,000,000" for "$4,150,685" and "$2,000,000" for "$1,660,274".

Pub. L. 109–59, §10143(4)(D), as amended by Pub. L. 109–74, §102(3)(B), amended par. (1) as amended by Pub. L. 109–74, §203, by inserting "not less than" before "$2,000,000". See Effective Date of 2005 Amendments note below.

Pub. L. 109–59, §10143(4)(C), as amended by Pub. L. 109–74, §102(3)(B), amended par. (1) as amended by Pub. L. 109–74, §203, by substituting "$5,500,000" for "$5,000,000". See Effective Date of 2005 Amendments note below.

Pub. L. 109–59, §10143(4)(B), as amended by Pub. L. 109–74, §102(3)(A), substituted "(16 U.S.C. 777c(a)(2))" for "(16 U.S.C. 777c(b))".

Pub. L. 109–59, §10143(4)(A), substituted "Secretary under subsection (a)(2) of section 4" for "Secretary of Transportation under paragraph (5)(C) of section 4(b)".

Pub. L. 109–40 substituted "$4,150,685" for "$4,100,000" and "$1,660,274" for "$1,643,836".

Pub. L. 109–37 substituted "$4,100,000" for "$4,050,000" and "$1,643,836" for "$1,620,003".

Pub. L. 109–35 substituted "$4,050,000" for "$4,000,000" and "$1,620,003" for "$1,600,000".

Pub. L. 109–20 substituted "$4,000,000" for "$3,750,003" and "$1,600,000" for "$1,500,003".

Pub. L. 109–14 substituted "$3,750,003" for "$3,333,336" and "$1,500,003" for "$1,333,336".

Subsec. (c)(3). Pub. L. 109–59, §10143(5), as amended by Pub. L. 109–74, §102(4), substituted "during the 2 succeeding fiscal years. Any amount that is unexpended or unobligated at the end of the 3-year period during which it is available shall be withdrawn by the Secretary and allocated to the States in addition to any other amounts available for allocation in the fiscal year in which they are withdrawn or the following fiscal year." for "until expended."

2004—Subsec. (c). Pub. L. 108–310 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "Of the amount transferred to the Secretary of Transportation under paragraph (4) of section 4(b) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)), $5,000,000 is available to the Secretary for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program under this title, of which $2,000,000 shall be available to the Secretary only to ensure compliance with chapter 43 of this title. No funds available to the Secretary under this subsection may be used to replace funding traditionally provided through general appropriations, nor for any purposes except those purposes authorized by this section. Amounts made available by this subsection shall remain available until expended. The Secretary shall publish annually in the Federal Register a detailed accounting of the projects, programs, and activities funded under this subsection."

Pub. L. 108–280 substituted "$5,000,000" for "$4,166,668" and "$2,000,000" for "$1,666,668".

Pub. L. 108–263 substituted "$4,166,668" for "$3,750,001" and "$1,666,668" for "$1,500,001".

Pub. L. 108–224 substituted "$3,750,001" for "$2,916,667" and "$1,500,001" for "$1,166,667".

Pub. L. 108–202 substituted "$2,916,667" for "$2,083,333" and "$1,166,667" for "$833,333".

2003—Subsec. (c). Pub. L. 108–88 amended first sentence generally. Prior to amendment, first sentence read as follows: "Of the amount transferred for each fiscal year to the Secretary of Transportation under paragraphs (2) and (3) of section 4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is available to the Secretary for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program under this title, of which $2,000,000 shall be available to the Secretary only to ensure compliance with chapter 43 of this title."

1998—Pub. L. 105–178, §7405(c)(1), substituted "appropriations" for "contract spending" in section catchline.

Subsec. (a)(1). Pub. L. 105–178, §7405(b)(1), substituted "Subject to paragraph (2) and subsection (c), the Secretary shall expend in each fiscal year for State recreational boating safety programs, under contracts with States under this chapter, an amount equal to the sum of (A) the amount appropriated from the Boat Safety Account for that fiscal year and (B) the amount transferred to the Secretary under section 4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b))." for "Subject to paragraph (2), the Secretary may expend in each fiscal year, subject to amounts as are provided in appropriations laws for liquidation of contract authority, an amount equal to ½ of the amount transferred for such fiscal year to the Boat Safety Account under section 9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4))."

Subsec. (a)(2). Pub. L. 105–178, §7405(b)(2), substituted "available" for "appropriated".

Subsec. (c). Pub. L. 105–178, §7405(b)(3), added subsec. (c) and struck out former subsec. (c) which read as follows: "An amount equal to one-half of the amount transferred for each fiscal year to the Boat Safety Account under section 9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4)) is available to the Secretary for expenditures out of the operating expenses account of the Coast Guard for services provided by the Coast Guard for recreational boating safety, including services provided by the Coast Guard Auxiliary. Expenditures for a fiscal year under this subsection shall not exceed expenditures for the fiscal year under subsection (a). Amounts made available by this subsection shall remain available until expended."

1988—Subsec. (a). Pub. L. 100–448, §61(b)(1)(A), designated existing provisions as par. (1), added par. (2), and amended first sentence of par. (1) generally. Prior to amendment, first sentence read as follows: "The Secretary may expend in each of the fiscal years 1985, 1986, 1987, and 1988, subject to amounts as are provided in appropriations laws for liquidation of contract authority, an amount equal to one-half for Fiscal Year 1987 and two-thirds for each Fiscal Year thereafter of the amount transferred for such fiscal year to the Boat Safety Account under section 9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4))."

Subsec. (c). Pub. L. 100–448, §6(b)(2)(A), struck out "for Fiscal Year 1987 and one-third for each fiscal year thereafter." after "An amount equal to one-half" in first sentence.

Pub. L. 100–448, §6(b)(6), substituted "1986" for "1954" in first sentence.

Pub. L. 100–448, §6(b)(2)(B), inserted after first sentence "Expenditures for a fiscal year under this subsection shall not exceed expenditures for the fiscal year under subsection (a)."

1986—Subsec. (a). Pub. L. 99–640, §7(c), substituted "one-half for Fiscal Year 1987 and two-thirds for each Fiscal Year thereafter" for "two-thirds".

Subsec. (b). Pub. L. 99–626 substituted "shall" for "may" after "Those purposes" in introductory provisions and substituted "and" for "or" in par. (8).

Subsec. (c). Pub. L. 99–640, §7(b), substituted "one-half for Fiscal Year 1987 and one-third for each Fiscal Year thereafter." for "one-third".

1984—Pub. L. 98–369 amended section generally and, among other changes, struck out all references to a facilities improvement program, inserted provisions directing the Secretary to establish guidelines prescribing the purposes for which amounts available under this chapter for State recreational safety boating programs may be used, and made available to the Secretary an amount equal to one-third of the amount transferred for each fiscal year to the Boat Safety Account under section 9503(c)(4) of title 26 to be used for expenditures out of the operating expenses account of the Coast Guard for services provided by the Coast Guard for recreational boating safety, including services provided by the Coast Guard Auxiliary.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2005 Amendments

From Aug. 10, 2005, to end of fiscal year 2005, subsecs. (a) and (c)(1), (3) of this section considered to read as immediately before enactment of Pub. L. 109–59, except as provided by the amendments by section 203 of Pub. L. 109–74, see section 101(b) of Pub. L. 109–74, set out as a note under section 777b of Title 16, Conservation.

Amendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 10102 of Pub. L. 109–59, set out as a note under section 777b of Title 16, Conservation.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–448 effective Oct. 1, 1988, see section 6(e) of Pub. L. 100–448, set out as a note under section 777 of Title 16, Conservation.

Effective Date of 1984 Amendment

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

Boating Safety Fund

Pub. L. 99–272, title VI, §6001, Apr. 7, 1986, 100 Stat. 121, as amended by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095, required that one-third of the amount transferred for fiscal year 1985 to the Boat Safety Account under former section 9503(c)(4) of Title 26, be deposited in the general fund of the Treasury as proprietary receipts of the department in which the Coast Guard was operating and ascribed to Coast Guard activities and that former section 13106(a) of this title be applied with respect to fiscal year 1985 by substituting "one-third" for "two-thirds" in the first sentence.
46 U.S.C. § 56503 (2024) — Title 46: SHIPPING / Chapter 565 / Section 56503: Types of adjustments and arrangements
Types of adjustments and arrangements
Status: in_force

(a) Suspension Requirements.—An adjustment or arrangement under this chapter shall include suspension of—

(1) the requirement to operate the vessel in foreign trade under the applicable operating-differential or construction-differential subsidy contract or mortgage or other agreement; and

(2) the right to operating-differential subsidy for the vessel.

(b) Discretionary Adjustments and Arrangements.—To the extent the Secretary of Transportation considers appropriate to carry out the purposes of this subtitle, an adjustment or arrangement under this chapter may include any of the following:

(1) Lay-up of the vessel by the owner or in the custody of the Secretary, with payment or reimbursement by the Secretary of necessary and proper expenses (including reasonable overhead and insurance) or a fixed periodic allowance instead of payment or reimbursement.

(2) Postponement, for not more than the total period of the lay-up, of the maturity date of each installment of the principal of obligations to the United States Government for the vessel (regardless of whether the maturity date is during a lay-up period), or rearrangement of those maturities.

(3) Postponement or cancellation of interest accruing on the obligations during a lay-up period.

(4) Extension, for not more than the total period of the lay-up, of the 20-year life limitation for the vessel and other limitations and provisions of this subtitle based on a 20-year life.

(5) Provision for temporary or emergency employment of the vessel (instead of lay-up) as may be practicable, with such arrangements for management of the vessel, payment of expenses, and application of the proceeds of the employment, as the Secretary may approve, with any period of operation being included as part of the lay-up period.

(6) Payment to the Secretary, on termination of the arrangements with the applicant, of the applicant's net profits (earned while the arrangements were in effect) in excess of 10 percent a year on the capital necessarily employed in the applicant's business, as reimbursement for obligations postponed or canceled and expenses incurred or paid by the Secretary under this section.

(c) Laid-Up Vessels.—Under subsection (b)(6), capital of the applicant represented by a vessel of the applicant laid-up or operated under this section shall be included in capital necessarily employed in the applicant's business. The Secretary may require a vessel laid-up or operated under this section to be security for reimbursement.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1657.)

Historical and Revision Notes

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

56503
46 App.:1242a(c).
June 29, 1940, ch. 442, subdiv. (c), 54 Stat. 685; Pub. L. 97–31, §12(132), Aug. 6, 1981, 95 Stat. 165.
46 U.S.C. § 12502 (2024) — Title 46: SHIPPING / Chapter 125 / Section 12502: Identification numbers, signal letters, and markings
Identification numbers, signal letters, and markings
Status: in_force

(a) For the identification of a vessel of the United States, the Secretary of Transportation—

(1) shall maintain a unique numbering system and assign a number to each vessel of the United States;

(2) may maintain a system of signal letters for a documented vessel;

(3) shall record a name selected by the owner of a documented vessel approved by the Secretary as the vessel's name of record; and

(4) may establish other identification markings.

(b) The manufacturer or owner of a vessel shall affix to the vessel and maintain in the manner prescribed by the Secretary the number assigned and any other markings the Secretary may require.

(c) Once a number is assigned under this section, it may not be used by another vessel.

(d) Once a documented vessel's name is established, the name may not be changed without the approval of the Secretary.

(e) A person may not tamper with or falsify a number or other marking required under this section.

(Added Pub. L. 100–710, title I, §101(a), Nov. 23, 1988, 102 Stat. 4736.)

Historical and Revision Notes

Revised section 12502

Subsection (a) of this section requires the Secretary to maintain a unique numbering system for vessels of the United States. The Secretary may use existing vessel numbering systems such as the hull identification number for this purpose, but must ensure that no two existing vessels of the United States have the same number. The Secretary should consider and propose the use of a 17-digit number to implement this requirement. This subsection also requires the Secretary to maintain a system of signal letters and to record vessel names for documented vessels. The Secretary is authorized to establish other vessel identification markings for vessels of the United States, such as hailing ports.

Subsections (b), (c), (d), and (e) contain other requirements and restrictions concerning vessel identification markings.

This section consolidates the requirements of sections 12114, 12115, 12116, and 12118 of title 46. For this reason, section 106 of this bill repeals those sections.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title.

Vessels Not Having Unique Number; Applicability of Provisions for Number Assignment

Pub. L. 100–710, title I, §104(f), Nov. 23, 1988, 102 Stat. 4751, provided that: "Section 12502(a)(1) of title 46, United States Code (as enacted by section 101 of this Act), applies to a vessel of the United States that does not have a unique number as prescribed by the Secretary of Transportation under that section until the earlier of the following:

"(1) the next time the vessel is documented, numbered, or titled.

"(2) January 1, 1995."
46 U.S.C. § 10104 (2024) — Title 46: SHIPPING / Chapter 101 / Section 10104: Requirement to report sexual offenses
Requirement to report sexual offenses
Status: in_force

(a) Mandatory Reporting by Responsible Entity of a Vessel.—

(1) In general.—The responsible entity of a vessel shall report to the Commandant any complaint or incident of harassment, sexual harassment, or sexual assault in violation of employer policy or law, of which such entity is made aware.

(2) Penalty.—A responsible entity of a vessel who knowingly fails to report in compliance with paragraph (1) is liable to the United States Government for a civil penalty of not more than $50,000.

(b) Reporting Procedures.—

(1) Responsible entity of a vessel reporting.—A report required under subsection (a) shall be made immediately after the responsible entity of a vessel gains knowledge of a sexual assault or sexual harassment incident by the fastest telecommunication channel available to—

(A) a single entity in the Coast Guard designated by the Commandant to receive such reports; and

(B) the appropriate officer or agency of the government of the country in whose waters the incident occurs.

(2) Contents.—Such shall include, to the best of the knowledge of the individual making the report—

(A) the name, official position or role in relation to the vessel, and contact information of such individual;

(B) the name and official number of the documented vessel;

(C) the time and date of the incident;

(D) the geographic position or location of the vessel when the incident occurred; and

(E) a brief description of the alleged sexual harassment or sexual assault being reported.

(3) Receiving reports; collection of information.—

(A) Receiving reports.—With respect to reports submitted under subsection (a), the Commandant—

(i) may establish additional reporting procedures, including procedures for receiving reports through—

(I) a single telephone number that is continuously manned at all times; and

(II) a single email address that is continuously monitored; and

(ii) shall use procedures that include preserving evidence in such reports and providing emergency service referrals.

(B) Collection of information.—After receipt of the report made under subsection (a), the Coast Guard shall collect information related to the identity of each alleged victim, alleged perpetrator, and any witnesses identified in the report through means designed to protect, to the extent practicable, the personal identifiable information of such individuals.

(c) Subpoena Authority.—

(1) In general.—The Commandant may compel the testimony of witnesses and the production of any evidence by subpoena to determine compliance with this section.

(2) Jurisdictional limits.—The jurisdictional limits of a subpoena issued under this section are the same as, and are enforceable in the same manner as, subpoenas issued under chapter 63 of this title.

(d) Company After-action Summary.—

(1) A responsible entity of a vessel that makes a report under subsection (a) shall—

(A) submit to the Commandant a document with detailed information to describe the actions taken by such entity after becoming aware of the sexual assault or sexual harassment incident, including the results of any investigation into the complaint or incident and any action taken against the offending individual; and

(B) make such submission not later than 10 days after such entity made the report under subsection (a).

(2) Civil penalty.—A responsible entity of a vessel that fails to comply with paragraph (1) is liable to the United States Government for a civil penalty of $25,000 and $500 shall be added for each day of noncompliance, except that the total amount of a penalty with respect to a complaint or incident shall not exceed $50,000 per violation.

(e) Investigatory Audit.—The Commandant shall periodically perform an audit or other systematic review of the submissions made under this section to determine if there were any failures to comply with the requirements of this section.

(f) Applicability; Regulations.—

(1) Regulations.— The Secretary may issue regulations to implement the requirements of this section.

(2) Interim reports.—Any report required to be made to the Commandant under this section shall be made to the Coast Guard National Command Center, until regulations implementing the procedures required by this section are issued.

(g) Definition of Responsible Entity of a Vessel.—In this section, the term "responsible entity of a vessel" means—

(1) the owner, master, or managing operator of a documented vessel engaged in commercial service; or

(2) the employer of a seafarer on such a vessel.

(Added Pub. L. 101–225, title II, §214(a)(2), Dec. 12, 1989, 103 Stat. 1914; amended Pub. L. 117–263, div. K, title CXVI, §11609, Dec. 23, 2022, 136 Stat. 4152.)

Editorial Notes

Prior Provisions

A prior section 10104, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 561, related to regulations, prior to repeal by Pub. L. 101–225, §214(a)(1).

Amendments

2022—Pub. L. 117–263 added subsecs. (a) to (g) and struck out former subsecs. (a) and (b) which read as follows:

"(a) A master or other individual in charge of a documented vessel shall report to the Secretary a complaint of a sexual offense prohibited under chapter 109A of title 18, United States Code.

"(b) A master or other individual in charge of a documented vessel who knowingly fails to report in compliance with this section is liable to the United States Government for a civil penalty of not more than $5,000."