108TH CONGRESS

2D SESSION H. R. 4319

AN ACT

To complete the codification of title 46, United

States Code, ‘‘Shipping’’, as positive law.

108TH CONGRESS

2D SESSION H. R. 4319

AN ACT

To complete the codification of title 46, United States Code,

‘‘Shipping’’, as positive law.

1 Be it enacted by the Senate and House of Representatives of the United

2 States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Title 46 Codification

5 Act of 2004’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for this Act is as fol2 lows:

Sec. 1. Short title; table of contents.

Sec. 2. Title analysis.

Sec. 3. Subtitle I of title 46.

Sec. 4. Subtitle II of title 46.

Sec. 5. Subtitle III of title 46.

Sec. 6. Subtitle IV of title 46.

Sec. 7. Subtitle V of title 46.

Sec. 8. Subtitle VI of title 46.

Sec. 9. Subtitle VII of title 46.

Sec. 10. Subtitle VIII of title 46.

Sec. 11. Maritime Administration.

Sec. 12. Amendments relating to Maritime Security Act of 2003.

Sec. 13. Amendments to partially restated provisions.

Sec. 14. Additional amendments to title 46.

Sec. 15. Conforming amendments to other laws.

Sec. 16. Legislative construction and transitional provisions.

Sec. 17. Repeals.

Sec. 18. Effective date.

3 SEC. 2. TITLE ANALYSIS.

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

5 follows:

‘‘Subtitle Sec.

‘‘I. GENERAL ..................................................................................................... 101

‘‘II. VESSELS AND SEAMEN ........................................................................ 2101

‘‘III. MARITIME LIABILITY ........................................................................... 30101

‘‘IV. REGULATION OF OCEAN SHIPPING .............................................. 40101

‘‘V. MERCHANT MARINE .............................................................................. 50101

‘‘VI. CLEARANCE, TONNAGE TAXES, AND DUTIES .......................... 60101

‘‘VII. SECURITY AND DRUG ENFORCEMENT ........................................ 70101

‘‘VIII. MISCELLANEOUS .................................................................................... 80101’’.

6 SEC. 3. SUBTITLE I OF TITLE 46.

7 Title 46, United States Code, is amended by inserting after the title anal8 ysis the following:

9 ‘‘Subtitle I—General

‘‘Chapter Sec.

‘‘1. Definitions ................................................................................................... 101

‘‘3. Federal Maritime Commission ............................................................. 301

‘‘5. Other General Provisions ...................................................................... 501

10 ‘‘CHAPTER 1—DEFINITIONS

‘‘Sec.

‘‘101. Agency.

‘‘102. Barge.

‘‘103. Boundary Line.

‘‘104. Citizen of the United States.

‘‘105. Consular officer.

‘‘106. Documented vessel.

‘‘107. Exclusive economic zone.

‘‘108. Fisheries.

‘‘109. Foreign commerce or trade.

‘‘110. Foreign vessel.

‘‘111. Numbered vessel.

‘‘112. State.

‘‘113. Undocumented.

‘‘114. United States.

‘‘115. Vessel.

‘‘116. Vessel of the United States.
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1 ‘‘§ 101. Agency

2 ‘‘In this title, the term ‘agency’ means a department, agency, or instru3 mentality of the United States Government.

4 ‘‘§ 102. Barge

5 ‘‘In this title, the term ‘barge’ means a non-self-propelled vessel.

6 ‘‘§ 103. Boundary Line

7 ‘‘In this title, the term ‘Boundary Line’ means a line established under

8 section 2(b) of the Act of February 19, 1895 (33 U.S.C. 151).

9 ‘‘§ 104. Citizen of the United States

10 ‘‘In this title, the term ‘citizen of the United States’, when used in ref11 erence to a natural person, means an individual who is a national of the

12 United States as defined in section 101(a)(22) of the Immigration and Na13 tionality Act (8 U.S.C. 1101(a)(22)).

14 ‘‘§ 105. Consular officer

15 ‘‘In this title, the term ‘consular officer’ means an officer or employee of

16 the United States Government designated under regulations to issue visas.

17 ‘‘§ 106. Documented vessel

18 ‘‘In this title, the term ‘documented vessel’ means a vessel for which a

19 certificate of documentation has been issued under chapter 121 of this title.

20 ‘‘§ 107. Exclusive economic zone

21 ‘‘In this title, the term ‘exclusive economic zone’ means the zone estab22 lished by Presidential Proclamation 5030 of March 10, 1983 (16 U.S.C.

23 1453 note).

24 ‘‘§ 108. Fisheries

25 ‘‘In this title, the term ‘fisheries’ includes processing, storing, trans26 porting (except in foreign commerce), planting, cultivating, catching, taking,

27 or harvesting fish, shellfish, marine animals, pearls, shells, or marine vege28 tation in the navigable waters of the United States or in the exclusive eco29 nomic zone.

30 ‘‘§ 109. Foreign commerce or trade

31 ‘‘(a) IN GENERAL.—In this title, the terms ‘foreign commerce’ and ‘for32 eign trade’ mean commerce or trade between a place in the United States

33 and a place in a foreign country.

34 ‘‘(b) CAPITAL CONSTRUCTION FUNDS AND CONSTRUCTION-DIFFEREN35 TIAL SUBSIDIES.—In the context of capital construction funds under chap36 ter 535 of this title, and in the context of construction-differential subsidies

37 under title V of the Merchant Marine Act, 1936, the terms ‘foreign com38 merce’ and ‘foreign trade’ also include, in the case of liquid and dry bulk

39 cargo carrying services, trading between foreign ports in accordance with

40 normal commercial bulk shipping practices in a manner that will permit

41 United States-flag bulk vessels to compete freely with foreign-flag bulk ves-
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1 sels in their operation or competition for charters, subject to regulations

2 prescribed by the Secretary of Transportation.

3 ‘‘§ 110. Foreign vessel

4 ‘‘In this title, the term ‘foreign vessel’ means a vessel of foreign registry

5 or operated under the authority of a foreign country.

6 ‘‘§ 111. Numbered vessel

7 ‘‘In this title, the term ‘numbered vessel’ means a vessel for which a num8 ber has been issued under chapter 123 of this title.

9 ‘‘§ 112. State

10 ‘‘In this title, the term ‘State’ means a State of the United States, the

11 District of Columbia, Guam, Puerto Rico, the Virgin Islands, American

12 Samoa, the Northern Mariana Islands, and any other territory or possession

13 of the United States.

14 ‘‘§ 113. Undocumented

15 ‘‘In this title, the term ‘undocumented’ means not having and not re16 quired to have a certificate of documentation issued under chapter 121 of

17 this title.

18 ‘‘§ 114. United States

19 ‘‘In this title, the term ‘United States’, when used in a geographic sense,

20 means the States of the United States, the District of Columbia, Guam,

21 Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana

22 Islands, and any other territory or possession of the United States.

23 ‘‘§ 115. Vessel

24 ‘‘In this title, the term ‘vessel’ has the meaning given that term in section

25 3 of title 1.

26 ‘‘§ 116. Vessel of the United States

27 ‘‘In this title, the term ‘vessel of the United States’ means a vessel docu28 mented under chapter 121 of this title, numbered under chapter 123 of this

29 title, or titled under the law of a State.

30 ‘‘CHAPTER 3—FEDERAL MARITIME COMMISSION

‘‘Sec.

‘‘301. General organization.

‘‘302. Quorum.

‘‘303. Record of meetings and votes.

‘‘304. Delegation of authority.

‘‘305. Regulations.

‘‘306. Annual report.

‘‘307. Expenditures.

31 ‘‘§ 301. General organization

32 ‘‘(a) ORGANIZATION.—The Federal Maritime Commission is an inde33 pendent establishment of the United States Government.

34 ‘‘(b) COMMISSIONERS.—

35 ‘‘(1) COMPOSITION.—The Commission is composed of 5 Commis36 sioners, appointed by the President by and with the advice and consent
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1 of the Senate. Not more than 3 Commissioners may be appointed from

2 the same political party.

3 ‘‘(2) TERMS.—The term of each Commissioner is 5 years, with each

4 term beginning one year apart. An individual appointed to fill a va5 cancy is appointed only for the unexpired term of the individual being

6 succeeded. A vacancy shall be filled in the same manner as the original

7 appointment. When the term of a Commissioner ends, the Commis8 sioner may continue to serve until a successor is appointed and quali9 fied.

10 ‘‘(3) REMOVAL.—The President may remove a Commissioner for in11 efficiency, neglect of duty, or malfeasance in office.

12 ‘‘(c) CHAIRMAN.—

13 ‘‘(1) DESIGNATION.—The President shall designate one of the Com14 missioners as Chairman.

15 ‘‘(2) GENERAL AUTHORITY.—The Chairman is the chief executive

16 and administrative officer of the Commission. In carrying out the du17 ties and powers of the Commission (other than under paragraph (3)),

18 the Chairman is subject to the policies, regulatory decisions, findings,

19 and determinations of the Commission.

20 ‘‘(3) PARTICULAR DUTIES.—

21 ‘‘(A) IN GENERAL.—The Chairman shall—

22 ‘‘(i) appoint and supervise officers and employees of the

23 Commission;

24 ‘‘(ii) appoint the heads of major organizational units, but

25 only after consultation with the other Commissioners;

26 ‘‘(iii) distribute the business of the Commission among per27 sonnel and organizational units;

28 ‘‘(iv) supervise the expenditure of money for administrative

29 purposes; and

30 ‘‘(v) assign Commission personnel, including Commis31 sioners, to perform duties and powers delegated by the Com32 mission under section 304 of this title.

33 ‘‘(B) NONAPPLICATION.—Subparagraph (A) (other than clause

34 (v)) does not apply to personnel employed regularly and full-time

35 in the offices of Commissioners other than the Chairman.

36 ‘‘(4) DELEGATION.—The Chairman may designate officers and em37 ployees under the Chairman’s jurisdiction to perform duties and powers

38 of the Chairman, subject to the Chairman’s supervision and direction.

39 ‘‘(d) SEAL.—The Commission shall have a seal which shall be judicially

40 recognized.
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1 ‘‘§ 302. Quorum

2 ‘‘A vacancy or vacancies in the membership of the Federal Maritime

3 Commission do not impair the power of the Commission to execute its func4 tions. The affirmative vote of a majority of the Commissioners serving on

5 the Commission is required to dispose of any matter before the Commission.

6 ‘‘§ 303. Record of meetings and votes

7 ‘‘The Federal Maritime Commission, through its secretary, shall keep a

8 record of its meetings and the votes taken on any action, order, contract,

9 or financial transaction of the Commission.

10 ‘‘§ 304. Delegation of authority

11 ‘‘(a) DELEGATION.—The Federal Maritime Commission, by published

12 order or regulation, may delegate to a division of the Commission, an indi13 vidual Commissioner, an employee board, or an officer or employee of the

14 Commission, any of its duties or powers, including those relating to hearing,

15 determining, ordering, certifying, reporting, or otherwise acting on any mat16 ter. This subsection does not affect section 556(b) of title 5.

17 ‘‘(b) REVIEW.—The Commission may review any action taken under a

18 delegation of authority under subsection (a). The review may be taken on

19 the Commission’s own initiative or on the petition of a party to or an inter20 venor in the action, within the time and in the manner prescribed by the

21 Commission. The vote of a majority of the Commission, less one member,

22 is sufficient to bring an action before the Commission for review.

23 ‘‘(c) DEEMED ACTION OF COMMISSION.—If the Commission declines re24 view, or if review is not sought, within the time prescribed under subsection

25 (b), the action taken under the delegation of authority is deemed to be the

26 action of the Commission.

27 ‘‘§ 305. Regulations

28 ‘‘The Federal Maritime Commission may prescribe regulations to carry

29 out its duties and powers.

30 ‘‘§ 306. Annual report

31 ‘‘(a) IN GENERAL.—Not later than April 1 of each year, the Federal

32 Maritime Commission shall submit a report to Congress. The report shall

33 include the results of its investigations, a summary of its transactions, the

34 purposes for which all of its expenditures were made, and any recommenda35 tions for legislation.

36 ‘‘(b) REPORT ON FOREIGN LAWS AND PRACTICES.—The Commission

37 shall include in its annual report to Congress—

38 ‘‘(1) a list of the 20 foreign countries that generated the largest vol39 ume of oceanborne liner cargo for the most recent calendar year in bi40 lateral trade with the United States;
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1 ‘‘(2) an analysis of conditions described in section 42302(a) of this

2 title being investigated or found to exist in foreign countries;

3 ‘‘(3) any actions being taken by the Commission to offset those con4 ditions;

5 ‘‘(4) any recommendations for additional legislation to offset those

6 conditions; and

7 ‘‘(5) a list of petitions filed under section 42302(b) of this title that

8 the Commission rejected and the reasons for each rejection.

9 ‘‘§ 307. Expenditures

10 ‘‘The Federal Maritime Commission may make such expenditures as are

11 necessary in the performance of its functions from funds appropriated or

12 otherwise made available to it, which appropriations are authorized.

13 ‘‘CHAPTER 5—OTHER GENERAL PROVISIONS

‘‘Sec.

‘‘501. Waiver of navigation and vessel-inspection laws.

‘‘502. Cargo exempt from forfeiture.

‘‘503. Notice of seizure.

‘‘504. Remission of fees and penalties.

‘‘505. Penalty for violating regulation or order.

14 ‘‘§ 501. Waiver of navigation and vessel-inspection laws

15 ‘‘(a) ON REQUEST OF SECRETARY OF DEFENSE.—On request of the Sec16 retary of Defense, the head of an agency responsible for the administration

17 of the navigation or vessel-inspection laws shall waive compliance with those

18 laws to the extent the Secretary considers necessary in the interest of na19 tional defense.

20 ‘‘(b) BY HEAD OF AGENCY.—When the head of an agency responsible for

21 the administration of the navigation or vessel-inspection laws considers it

22 necessary in the interest of national defense, the individual may waive com23 pliance with those laws to the extent, in the manner, and on the terms the

24 individual prescribes.

25 ‘‘(c) TERMINATION OF AUTHORITY.—The authority granted by this sec26 tion shall terminate at such time as the Congress by concurrent resolution

27 or the President may designate.

28 ‘‘§ 502. Cargo exempt from forfeiture

29 ‘‘Cargo on a vessel is exempt from forfeiture under this title if—

30 ‘‘(1) the cargo is owned in good faith by a person not the owner,

31 master, or crewmember of the vessel; and

32 ‘‘(2) the customs duties on the cargo have been paid or secured for

33 payment as provided by law.

34 ‘‘§ 503. Notice of seizure

35 ‘‘When a forfeiture of a vessel or cargo accrues, the official of the United

36 States Government required to give notice of the seizure of the vessel or

37 cargo shall include in the notice, if they are known to that official, the name
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1 and the place of residence of the owner or consignee at the time of the sei2 zure.

3 ‘‘§ 504. Remission of fees and penalties

4 ‘‘Any part of a fee, tax, or penalty paid or a forfeiture incurred under

5 a law or regulation relating to vessels or seamen may be remitted if—

6 ‘‘(1) application for the remission is made within one year after the

7 date of the payment or forfeiture; and

8 ‘‘(2) it is found that the fee, tax, penalty, or forfeiture was improp9 erly or excessively imposed.

10 ‘‘§ 505. Penalty for violating regulation or order

11 ‘‘A person convicted of knowingly and willfully violating a regulation or

12 order of the Federal Maritime Commission or the Secretary of Transpor13 tation under subtitle IV or V of this title, for which no penalty is expressly

14 provided, shall be fined not more than $500. Each day of a continuing viola15 tion is a separate offense.’’.

16 SEC. 4. SUBTITLE II OF TITLE 46.

17 Chapter 121 of title 46, United States Code, is amended to read as fol18 lows:

19 ‘‘CHAPTER 121—DOCUMENTATION OF VESSELS

‘‘SUBCHAPTER I—GENERAL

‘‘Sec.

‘‘12101. Definitions.

‘‘12102. Vessels requiring documentation.

‘‘12103. General eligibility requirements.

‘‘12104. Applications for documentation.

‘‘12105. Issuance of documentation.

‘‘12106. Surrender of title and number.

‘‘12107. Wrecked vessels.

‘‘SUBCHAPTER II—ENDORSEMENTS AND SPECIAL DOCUMENTATION

‘‘12111. Registry endorsement.

‘‘12112. Coastwise endorsement.

‘‘12113. Fishery endorsement.

‘‘12114. Recreational endorsement.

‘‘12115. Temporary endorsement for vessels procured outside the United States.

‘‘12116. Limited endorsements for Guam, American Samoa, and Northern Mariana Islands.

‘‘12117. Oil spill response vessels.

‘‘12118. Owners engaged primarily in manufacturing or mineral industry.

‘‘12119. Owners engaged primarily in leasing or financing transactions.

‘‘12120. Liquified gas tankers.

‘‘12121. Small passenger vessels and uninspected passenger vessels.

‘‘SUBCHAPTER III—MISCELLANEOUS

‘‘12131. Command of documented vessels.

‘‘12132. Loss of coastwise trade privileges.

‘‘12133. Duty to carry certificate on vessel and allow examination.

‘‘12134. Evidentiary uses of documentation.

‘‘12135. Invalidation of certificates of documentation.

‘‘12136. Surrender of certificates of documentation.

‘‘12137. Recording of vessels built in the United States.

‘‘12138. List of documented vessels.

‘‘12139. Reports.
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‘‘SUBCHAPTER IV—PENALTIES

‘‘12151. Penalties.

‘‘12152. Denial or revocation of endorsement for non-payment of civil penalty.

1 ‘‘SUBCHAPTER I—GENERAL

2 ‘‘§ 12101. Definitions

3 ‘‘(a) REBUILT IN THE UNITED STATES.—In this chapter, a vessel is

4 deemed to have been rebuilt in the United States only if the entire rebuild5 ing, including the construction of any major component of the hull or super6 structure, was done in the United States.

7 ‘‘(b) RELATED TERMS IN OTHER LAWS.—When the following terms are

8 used in a law, regulation, document, ruling, or other official act referring

9 to the documentation of a vessel, the following definitions apply:

10 ‘‘(1) REGISTRY ENDORSEMENT.—The terms ‘certificate of registry’,

11 ‘register’, and ‘registry’ mean a certificate of documentation with a reg12 istry endorsement issued under this chapter.

13 ‘‘(2) COASTWISE ENDORSEMENT.—The terms ‘license’, ‘enrollment

14 and license’, ‘license for the coastwise (or coasting) trade’, and ‘enroll15 ment and license for the coastwise (or coasting) trade’ mean a certifi16 cate of documentation with a coastwise endorsement issued under this

17 chapter.

18 ‘‘(3) YACHT.—The term ‘yacht’ means a recreational vessel even if

19 not documented.

20 ‘‘§ 12102. Vessels requiring documentation

21 ‘‘(a) IN GENERAL.—Except as otherwise provided, a vessel may engage

22 in a trade only if the vessel has been issued a certificate of documentation

23 with an endorsement for that trade under this chapter.

24 ‘‘(b) VESSELS LESS THAN 5 NET TONS.—A vessel of less than 5 net tons

25 may engage in a trade without being documented if the vessel otherwise sat26 isfies the requirements to engage in the particular trade.

27 ‘‘(c) BARGES.—A barge qualified to engage in the coastwise trade may

28 engage in the coastwise trade, without being documented, on rivers, harbors,

29 lakes (except the Great Lakes), canals, and inland waters.

30 ‘‘§ 12103. General eligibility requirements

31 ‘‘(a) IN GENERAL.—Except as otherwise provided, a certificate of docu32 mentation for a vessel may be issued under this chapter only if the vessel

33 is—

34 ‘‘(1) wholly owned by one or more individuals or entities described

35 in subsection (b);

36 ‘‘(2) at least 5 net tons as measured under part J of this subtitle;

37 and

38 ‘‘(3) not documented under the laws of a foreign country.
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1 ‘‘(b) ELIGIBLE OWNERS.—For purposes of subsection (a)(1), the fol2 lowing are eligible owners:

3 ‘‘(1) An individual who is a citizen of the United States.

4 ‘‘(2) An association, trust, joint venture, or other entity if—

5 ‘‘(A) each of its members is a citizen of the United States; and

6 ‘‘(B) it is capable of holding title to a vessel under the laws of

7 the United States or a State.

8 ‘‘(3) A partnership if—

9 ‘‘(A) each general partner is a citizen of the United States; and

10 ‘‘(B) the controlling interest in the partnership is owned by citi11 zens of the United States.

12 ‘‘(4) A corporation if—

13 ‘‘(A) it is incorporated under the laws of the United States or

14 a State;

15 ‘‘(B) its chief executive officer, by whatever title, and the chair16 man of its board of directors are citizens of the United States; and

17 ‘‘(C) no more of its directors are noncitizens than a minority

18 of the number necessary to constitute a quorum.

19 ‘‘(5) The United States Government.

20 ‘‘(6) The government of a State.

21 ‘‘(c) TEMPORARY CERTIFICATES PRIOR TO MEASUREMENT.—Notwith22 standing subsection (a)(2), the Secretary may issue a temporary certificate

23 of documentation for a vessel before it is measured.

24 ‘‘§ 12104. Applications for documentation

25 ‘‘(a) IN GENERAL.—An application for a certificate of documentation or

26 endorsement under this chapter must be filed by the owner of the vessel.

27 The application must be filed in the manner, be in the form, and contain

28 the information prescribed by the Secretary.

29 ‘‘(b) APPLICANT’S IDENTIFYING INFORMATION.—The Secretary shall re30 quire the applicant to provide—

31 ‘‘(1) if the applicant is an individual, the individual’s social security

32 number; or

33 ‘‘(2) if the applicant is an entity—

34 ‘‘(A) the entity’s taxpayer identification number; or

35 ‘‘(B) if the entity does not have a taxpayer identification num36 ber, the social security number of an individual who is a corporate

37 officer, general partner, or individual trustee of the entity and who

38 signs the application.

39 ‘‘§ 12105. Issuance of documentation

40 ‘‘(a) IN GENERAL.—Except as provided in section 12152 of this title, the

41 Secretary, on receipt of a proper application, shall issue a certificate of doc-
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1 umentation or a temporary certificate of documentation for a vessel satis2 fying the requirements of section 12103 of this title. The certificate shall

3 contain each endorsement under subchapter II of this chapter for which the

4 owner applies and the vessel is eligible.

5 ‘‘(b) TEMPORARY CERTIFICATES FOR RECREATIONAL VESSELS.—The

6 Secretary may delegate, subject to the supervision and control of the Sec7 retary and under terms prescribed by regulation, to private entities deter8 mined and certified by the Secretary to be qualified, the authority to issue

9 a temporary certificate of documentation for a recreational vessel eligible

10 under section 12103 of this title. A temporary certificate issued under this

11 subsection is valid for not more than 30 days.

12 ‘‘(c) INFORMATION TO BE INCLUDED IN CERTIFICATE.—A certificate of

13 documentation shall—

14 ‘‘(1) identify and describe the vessel;

15 ‘‘(2) identify the owner of the vessel; and

16 ‘‘(3) contain additional information prescribed by the Secretary.

17 ‘‘(d) PROCEDURES TO ENSURE INTEGRITY AND ACCURACY.—The Sec18 retary shall prescribe procedures to ensure the integrity of, and the accuracy

19 of information contained in, certificates of documentation.

20 ‘‘§ 12106. Surrender of title and number

21 ‘‘(a) IN GENERAL.—A documented vessel may not be titled by a State

22 or required to display numbers under chapter 123 of this title, and any cer23 tificate of title issued by a State for a documented vessel shall be surren24 dered as provided by regulations prescribed by the Secretary.

25 ‘‘(b) VESSELS COVERED BY PREFERRED MORTGAGE.—The Secretary

26 may approve the surrender under subsection (a) of a certificate of title for

27 a vessel covered by a preferred mortgage under section 31322(d) of this title

28 only if the mortgagee consents.

29 ‘‘§ 12107. Wrecked vessels

30 ‘‘(a) REQUIREMENTS.—A vessel is a wrecked vessel under this chapter if

31 it—

32 ‘‘(1) was wrecked on a coast of the United States or adjacent waters;

33 and

34 ‘‘(2) has undergone repairs in a shipyard in the United States equal

35 to at least 3 times the appraised salvage value of the vessel.

36 ‘‘(b) APPRAISALS.—The Secretary may appoint a board of three apprais37 ers to determine whether a vessel satisfies subsection (a)(2). The costs of

38 the appraisal shall be paid by the owner of the vessel.
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1 ‘‘SUBCHAPTER II—ENDORSEMENTS AND SPECIAL

2 DOCUMENTATION

3 ‘‘§ 12111. Registry endorsement

4 ‘‘(a) REQUIREMENTS.—A registry endorsement may be issued for a vessel

5 that satisfies the requirements of section 12103 of this title.

6 ‘‘(b) AUTHORIZED ACTIVITY.—A vessel for which a registry endorsement

7 is issued may engage in foreign trade or trade with Guam, American

8 Samoa, Wake, Midway, or Kingman Reef.

9 ‘‘(c) CERTAIN VESSELS OWNED BY TRUSTS.—

10 ‘‘(1) NONAPPLICATION OF BENEFICIARY CITIZENSHIP REQUIRE11 MENT.—For the issuance of a certificate of documentation with only

12 a registry endorsement, the beneficiaries of a trust are not required to

13 be citizens of the United States if the trust qualifies under paragraph

14 (2) and the vessel is subject to a charter to a citizen of the United

15 States.

16 ‘‘(2) REQUIREMENTS FOR TRUST TO QUALIFY.—

17 ‘‘(A) IN GENERAL.—Subject to subparagraph (B), a trust quali18 fies under this paragraph with respect to a vessel only if—

19 ‘‘(i) each trustee is a citizen of the United States; and

20 ‘‘(ii) the application for documentation of the vessel in21 cludes the affidavit of each trustee stating that the trustee is

22 not aware of any reason involving a beneficiary of the trust

23 that is not a citizen of the United States, or involving any

24 other person that is not a citizen of the United States, as a

25 result of which the beneficiary or other person would hold

26 more than 25 percent of the aggregate power to influence or

27 limit the exercise of the authority of the trustee with respect

28 to matters involving any ownership or operation of the vessel

29 that may adversely affect the interests of the United States.

30 ‘‘(B) AUTHORITY OF NON-CITIZENS.—If any person that is not

31 a citizen of the United States has authority to direct or participate

32 in directing a trustee for a trust in matters involving any owner33 ship or operation of the vessel that may adversely affect the inter34 ests of the United States or in removing a trustee for a trust with35 out cause, either directly or indirectly through the control of an36 other person, the trust is not qualified under this paragraph un37 less the trust instrument provides that persons who are not citi38 zens of the United States may not hold more than 25 percent of

39 the aggregate authority to so direct or remove a trustee.

40 ‘‘(C) OWNERSHIP BY NON-CITIZENS.—Subparagraphs (A) and

41 (B) do not prohibit a person that is not a citizen of the United
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1 States from holding more than 25 percent of the beneficial interest

2 in a trust.

3 ‘‘(3) CITIZENSHIP OF PERSON CHARTERING VESSEL.—If a person

4 chartering a vessel from a trust that qualifies under paragraph (2) is

5 a citizen of the United States under section 50501 of this title, the ves6 sel is deemed to be owned by a citizen of the United States for pur7 poses of that section and related laws, except subtitle B of title VI of

8 the Merchant Marine Act, 1936.

9 ‘‘§ 12112. Coastwise endorsement

10 ‘‘(a) REQUIREMENTS.—A coastwise endorsement may be issued for a ves11 sel that—

12 ‘‘(1) satisfies the requirements of section 12103 of this title;

13 ‘‘(2)(A) was built in the United States; or

14 ‘‘(B) if not built in the United States—

15 ‘‘(i) was captured in war by citizens of the United States and

16 lawfully condemned as prize;

17 ‘‘(ii) was adjudged to be forfeited for a breach of the laws of

18 the United States; or

19 ‘‘(iii) qualifies as a wrecked vessel under section 12107 of this

20 title; and

21 ‘‘(3) otherwise qualifies under the laws of the United States to en22 gage in the coastwise trade.

23 ‘‘(b) AUTHORIZED ACTIVITY.—Subject to the laws of the United States

24 regulating the coastwise trade, a vessel for which a coastwise endorsement

25 is issued may engage in the coastwise trade.

26 ‘‘§ 12113. Fishery endorsement

27 ‘‘(a) REQUIREMENTS.—A fishery endorsement may be issued for a vessel

28 that—

29 ‘‘(1) satisfies the requirements of section 12103 of this title and, if

30 owned by an entity, the entity satisfies the ownership requirements in

31 subsection (c);

32 ‘‘(2) was built in the United States;

33 ‘‘(3) if rebuilt, was rebuilt in the United States;

34 ‘‘(4) was not forfeited to the United States Government after July

35 1, 2001, for a breach of the laws of the United States; and

36 ‘‘(5) otherwise qualifies under the laws of the United States to en37 gage in the fisheries.

38 ‘‘(b) AUTHORIZED ACTIVITY.—

39 ‘‘(1) IN GENERAL.—Subject to the laws of the United States regu40 lating the fisheries, a vessel for which a fishery endorsement is issued

41 may engage in the fisheries.
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1 ‘‘(2) USE BY PROHIBITED PERSONS.—A fishery endorsement is in2 valid immediately if the vessel for which it is issued is used as a fishing

3 vessel while it is chartered or leased to an individual who is not a cit4 izen of the United States or to an entity that is not eligible to own

5 a vessel with a fishery endorsement.

6 ‘‘(c) OWNERSHIP REQUIREMENTS FOR ENTITIES.—

7 ‘‘(1) IN GENERAL.—A vessel owned by an entity is eligible for a fish8 ery endorsement only if at least 75 percent of the interest in the entity,

9 at each tier of ownership and in the aggregate, is owned and controlled

10 by citizens of the United States.

11 ‘‘(2) DETERMINING 75 PERCENT INTEREST.—In determining whether

12 at least 75 percent of the interest in the entity is owned and controlled

13 by citizens of the United States under paragraph (1), the Secretary

14 shall apply section 50501(d) of this title, except that for this purpose

15 the terms ‘control’ or ‘controlled’—

16 ‘‘(A) include the right to—

17 ‘‘(i) direct the business of the entity;

18 ‘‘(ii) limit the actions of or replace the chief executive offi19 cer, a majority of the board of directors, any general partner,

20 or any person serving in a management capacity of the entity;

21 or

22 ‘‘(iii) direct the transfer, operation, or manning of a vessel

23 with a fishery endorsement; but

24 ‘‘(B) do not include the right to simply participate in the activi25 ties under clause (A), or the exercise of rights under loan or mort26 gage covenants by a mortgagee eligible to be a preferred mort27 gagee under section 31322(a) of this title, except that a mortgagee

28 not eligible to own a vessel with a fishery endorsement may only

29 operate such a vessel to the extent necessary for the immediate

30 safety of the vessel or for repairs, drydocking, or berthing changes.

31 ‘‘(3) EXCEPTIONS.—This subsection does not apply to a vessel when

32 it is engaged in the fisheries in the exclusive economic zone under the

33 authority of the Western Pacific Fishery Management Council estab34 lished under section 302(a)(1)(H) of the Magnuson-Stevens Fishery

35 Conservation and Management Act (16 U.S.C. 1852(a)(1)(H)) or to a

36 purse seine vessel when it is engaged in tuna fishing in the Pacific

37 Ocean outside the exclusive economic zone or pursuant to the South

38 Pacific Regional Fisheries Treaty, provided that the owner of the vessel

39 continues to comply with the eligibility requirements for a fishery en40 dorsement under the Federal law that was in effect on October 1,
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1 1998. A fishery endorsement issued pursuant to this paragraph is valid

2 for engaging only in the activities described in this paragraph.

3 ‘‘(d) REQUIREMENTS BASED ON LENGTH, TONNAGE, OR HORSE4 POWER.—

5 ‘‘(1) APPLICATION.—This subsection applies to a vessel that—

6 ‘‘(A) is greater than 165 feet in registered length;

7 ‘‘(B) is more than 750 gross registered tons as measured under

8 chapter 145 of this title or 1,900 gross registered tons as meas9 ured under chapter 143 of this title; or

10 ‘‘(C) has an engine or engines capable of producing a total of

11 more than 3,000 shaft horsepower.

12 ‘‘(2) REQUIREMENTS.—A vessel subject to this subsection is not eli13 gible for a fishery endorsement unless—

14 ‘‘(A)(i) a certificate of documentation was issued for the vessel

15 and endorsed with a fishery endorsement that was effective on

16 September 25, 1997;

17 ‘‘(ii) the vessel is not placed under foreign registry after October

18 21, 1998; and

19 ‘‘(iii) if the fishery endorsement is invalidated after October 21,

20 1998, application is made for a new fishery endorsement within

21 15 business days of the invalidation; or

22 ‘‘(B) the owner of the vessel demonstrates to the Secretary that

23 the regional fishery management council of jurisdiction established

24 under section 302(a)(1) of the Magnuson-Stevens Fishery Con25 servation and Management Act (16 U.S.C. 1852(a)(1)) has rec26 ommended after October 21, 1998, and the Secretary of Com27 merce has approved, conservation and management measures in

28 accordance with the American Fisheries Act (Public Law 105–

29 277, div. C, title II) (16 U.S.C. 1851 note) to allow the vessel to

30 be used in fisheries under the council’s authority.

31 ‘‘(e) VESSELS MEASURING 100 FEET OR GREATER.—

32 ‘‘(1) IN GENERAL.—The Administrator of the Maritime Administra33 tion shall administer subsections (c) and (d) with respect to vessels 100

34 feet or greater in registered length. The owner of each such vessel shall

35 file a statement of citizenship setting forth all relevant facts regarding

36 vessel ownership and control with the Administrator on an annual basis

37 to demonstrate compliance with those provisions.

38 ‘‘(2) REGULATIONS.—Regulations to implement this subsection shall

39 conform to the extent practicable with the regulations establishing the

40 form of citizenship affidavit set forth in part 355 of title 46, Code of

41 Federal Regulations, as in effect on September 25, 1997, except that
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1 the form of the statement shall be written in a manner to allow the

2 owner of the vessel to satisfy any annual renewal requirements for a

3 certificate of documentation for the vessel and to comply with this sub4 section and subsections (c) and (d), and shall not be required to be no5 tarized.

6 ‘‘(3) TRANSFER OF OWNERSHIP.—Transfers of ownership and con7 trol of vessels subject to subsection (c) or (d), which are 100 feet or

8 greater in registered length, shall be rigorously scrutinized for viola9 tions of those provisions, with particular attention given to—

10 ‘‘(A) leases, charters, mortgages, financing, and similar ar11 rangements;

12 ‘‘(B) the control of persons not eligible to own a vessel with a

13 fishery endorsement under subsection (c) or (d), over the manage14 ment, sales, financing, or other operations of an entity; and

15 ‘‘(C) contracts involving the purchase over extended periods of

16 time of all, or substantially all, of the living marine resources har17 vested by a fishing vessel.

18 ‘‘(f) VESSELS MEASURING LESS THAN 100 FEET.—The Secretary shall

19 establish reasonable and necessary requirements to demonstrate compliance

20 with subsections (c) and (d), with respect to vessels measuring less than 100

21 feet in registered length, and shall seek to minimize the administrative bur22 den on individuals who own and operate those vessels.

23 ‘‘(g) VESSELS PURCHASED THROUGH FISHING CAPACITY REDUCTION

24 PROGRAM.—A vessel purchased by the Secretary of Commerce through a

25 fishing capacity reduction program under the Magnuson-Stevens Fishery

26 Conservation Management Act (16 U.S.C. 1801 et seq.) or section 308 of

27 the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107) is not eligible

28 for a fishery endorsement, and any fishery endorsement issued for that ves29 sel is invalid.

30 ‘‘(h) REVOCATION OF ENDORSEMENTS.—The Secretary shall revoke the

31 fishery endorsement of any vessel subject to subsection (c) or (d) whose

32 owner does not comply with those provisions.

33 ‘‘(i) REGULATIONS.—Regulations to implement subsections (c) and (d)

34 and sections 12151(c) and 31322(b) of this title shall prohibit impermissible

35 transfers of ownership or control, specify any transactions that require prior

36 approval of an implementing agency, identify transactions that do not re37 quire prior agency approval, and to the extent practicable, minimize disrup38 tions to the commercial fishing industry, to the traditional financing ar39 rangements of that industry, and to the opportunity to form fishery co40 operatives.
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1 ‘‘§ 12114. Recreational endorsement

2 ‘‘(a) REQUIREMENTS.—A recreational endorsement may be issued for a

3 vessel that satisfies the requirements of section 12103 of this title.

4 ‘‘(b) AUTHORIZED ACTIVITY.—A vessel operating under a recreational en5 dorsement may be operated only for pleasure.

6 ‘‘(c) APPLICATION OF CUSTOMS LAWS.—A vessel for which a recreational

7 endorsement is issued may proceed between a port of the United States and

8 a port of a foreign country without entering or clearing with the Secretary

9 of Homeland Security. However, a recreational vessel is subject to the re10 quirements for reporting arrivals under section 433 of the Tariff Act of

11 1930 (19 U.S.C. 1433), and individuals on the vessel are subject to applica12 ble customs regulations.

13 ‘‘§ 12115. Temporary endorsement for vessels procured out14 side the United States

15 ‘‘(a) GENERAL AUTHORITY.—The Secretary and the Secretary of State,

16 acting jointly, may provide for the issuance of a certificate of documentation

17 with an appropriate endorsement for a vessel procured outside the United

18 States and meeting the ownership requirements of section 12103 of this

19 title.

20 ‘‘(b) AUTHORIZED ACTIVITY.—Subject to limitations the Secretary may

21 prescribe, a vessel documented under this section may proceed to the United

22 States and engage en route in foreign trade or trade with Guam, American

23 Samoa, Wake, Midway, or Kingman Reef.

24 ‘‘(c) APPLICATION OF UNITED STATES JURISDICTION AND LAWS.—A

25 vessel documented under this section is subject to the jurisdiction and laws

26 of the United States. However, if the Secretary considers it to be in the

27 public interest, the Secretary may suspend for a period of not more than

28 6 months the application of a vessel inspection law carried out by the Sec29 retary or regulations prescribed under that law.

30 ‘‘(d) SURRENDER OF CERTIFICATE.—On the vessel’s arrival in the United

31 States, the certificate of documentation shall be surrendered as provided by

32 regulations prescribed by the Secretary.

33 ‘‘§ 12116. Limited endorsements for Guam, American Samoa,

34 and Northern Mariana Islands

35 ‘‘(a) ENDORSEMENTS.—A vessel satisfying the requirements of subsection

36 (b) may be issued—

37 ‘‘(1) a coastwise endorsement to engage in the coastwise trade of

38 fisheries products between places in Guam, American Samoa, and the

39 Northern Mariana Islands; or
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1 ‘‘(2) a fishery endorsement to engage in fishing in the territorial sea

2 and fishery conservation zone adjacent to Guam, American Samoa, and

3 the Northern Mariana Islands.

4 ‘‘(b) REQUIREMENTS.—An endorsement may be issued under subsection

5 (a) for a vessel that—

6 ‘‘(1) satisfies the requirements of section 12103 of this title;

7 ‘‘(2) was not built in the United States, except that for an endorse8 ment under subsection (a)(2), the vessel must not have been built or

9 rebuilt in the United States;

10 ‘‘(3) is less than 200 gross tons as measured under section 14502

11 of this title, or an alternate tonnage as measured under section 14302

12 of this title as prescribed by the Secretary under section 14104 of this

13 title; and

14 ‘‘(4) otherwise qualifies under the laws of the United States to en15 gage in the coastwise trade or the fisheries, as the case may be.

16 ‘‘§ 12117. Oil spill response vessels

17 ‘‘(a) REQUIREMENTS.—A coastwise endorsement may be issued for a ves18 sel that—

19 ‘‘(1) satisfies the requirements for a coastwise endorsement, except

20 for the ownership requirement otherwise applicable without regard to

21 this section;

22 ‘‘(2) is owned by a not-for-profit oil spill response cooperative or by

23 members of such a cooperative that dedicate the vessel to use by the

24 cooperative;

25 ‘‘(3) is at least 50 percent owned by individuals or entities described

26 in section 12103(b) of this title; and

27 ‘‘(4) is to be used only for—

28 ‘‘(i) deploying equipment, supplies, and personnel to recover,

29 contain, or transport oil discharged into the navigable waters of

30 the United States or the exclusive economic zone; or

31 ‘‘(ii) training exercises to prepare to respond to such a dis32 charge.

33 ‘‘(b) DEEMED OWNED BY CITIZENS.—A vessel satisfying subsection (a)

34 is deemed to be owned only by citizens of the United States under sections

35 12103, 12132, and 50501 of this title.

36 ‘‘§ 12118. Owners engaged primarily in manufacturing or

37 mineral industry

38 ‘‘(a) DEFINITIONS.—In this section:

39 ‘‘(1) BOWATERS CORPORATION.—The term ‘Bowaters corporation’

40 means a corporation that has filed a certificate under oath with the
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1 Secretary, in the form and at the times prescribed by the Secretary,

2 establishing that—

3 ‘‘(A) the corporation is incorporated under the laws of the

4 United States or a State;

5 ‘‘(B) a majority of the officers and directors of the corporation

6 are individuals who are citizens of the United States;

7 ‘‘(C) at least 90 percent of the employees of the corporation are

8 residents of the United States;

9 ‘‘(D) the corporation is engaged primarily in a manufacturing

10 or mineral industry in the United States;

11 ‘‘(E) the total book value of the vessels owned by the corpora12 tion is not more than 10 percent of the total book value of the

13 assets of the corporation; and

14 ‘‘(F) the corporation buys or produces in the United States at

15 least 75 percent of the raw materials used or sold in its oper16 ations.

17 ‘‘(2) PARENT.—The term ‘parent’ means a corporation that has filed

18 a certificate under oath with the Secretary, in the form and at the

19 times prescribed by the Secretary, establishing that the corporation—

20 ‘‘(A) is incorporated under the laws of the United States or a

21 State; and

22 ‘‘(B) controls, directly or indirectly, at least 50 percent of the

23 voting stock of a Bowaters corporation.

24 ‘‘(3) SUBSIDIARY.—The term ‘subsidiary’ means a corporation that

25 has filed a certificate under oath with the Secretary, in the form and

26 at the times prescribed by the Secretary, establishing that the

27 corporation—

28 ‘‘(A) is incorporated under the laws of the United States or a

29 State; and

30 ‘‘(B) has at least 50 percent of its voting stock controlled, di31 rectly or indirectly, by a Bowaters corporation or its parent.

32 ‘‘(b) DEEMED CITIZEN.—A Bowaters corporation is deemed to be a cit33 izen of the United States for purposes of chapters 121, 551, and 561 and

34 section 80104 of this title.

35 ‘‘(c) ISSUANCE OF DOCUMENTATION.—A certificate of documentation and

36 appropriate endorsement may be issued for a vessel that—

37 ‘‘(1) is owned by a Bowaters corporation;

38 ‘‘(2) was built in the United States; and

39 ‘‘(3)(A) is self-propelled and less than 500 gross tons as measured

40 under section 14502 of this title, or an alternate tonnage as measured
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1 under section 14302 of this title as prescribed by the Secretary under

2 section 14104 of this title; or

3 ‘‘(B) is not self-propelled.

4 ‘‘(d) EFFECTS OF DOCUMENTATION.—

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2)—

6 ‘‘(A) a vessel documented under this section may engage in the

7 coastwise trade; and

8 ‘‘(B) the vessel and its owner and master are entitled to the

9 same benefits and are subject to the same requirements and pen10 alties as if the vessel were otherwise documented or exempt from

11 documentation under this chapter.

12 ‘‘(2) TRANSPORTATION OF PASSENGERS OR MERCHANDISE.—A ves13 sel documented under this section may transport passengers or mer14 chandise for hire in the coastwise trade only—

15 ‘‘(A) as a service for a parent or subsidiary of the corporation

16 owning the vessel; or

17 ‘‘(B) when under a demise or bareboat charter, at prevailing

18 rates for use not in the domestic noncontiguous trades, from the

19 corporation owning the vessel to a carrier that—

20 ‘‘(i) is subject to jurisdiction under subchapter II of chap21 ter 135 of title 49;

22 ‘‘(ii) otherwise qualifies as a citizen of the United States

23 under section 50501 of this title; and

24 ‘‘(iii) is not owned or controlled, directly or indirectly, by

25 the corporation owning the vessel.

26 ‘‘(e) VALIDITY OF CORPORATE CERTIFICATE.—A certificate filed by a

27 corporation under this section remains valid only as long as the corporation

28 continues to satisfy the conditions required of the corporation by this sec29 tion. When a corporation no longer satisfies those conditions, the corpora30 tion loses its status under this section and immediately shall surrender to

31 the Secretary any documents issued to it based on that status.

32 ‘‘(f) PENALTIES.—

33 ‘‘(1) FALSIFYING MATERIAL FACT.—If a corporation knowingly fal34 sifies a material fact in a certificate filed under subsection (a), the ves35 sel (or its value) documented or operated under this section shall be

36 forfeited.

37 ‘‘(2) TRANSPORTING MERCHANDISE.—If a vessel transports mer38 chandise for hire in violation of this section, the merchandise shall be

39 forfeited to the United States Government.
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1 ‘‘(3) TRANSPORTING PASSENGERS.—If a vessel transports pas2 sengers for hire in violation of this section, the vessel is liable for a

3 penalty of $200 for each passenger so transported.

4 ‘‘(4) REMISSION OR MITIGATION.—A penalty or forfeiture incurred

5 under this subsection may be remitted or mitigated under section

6 2107(b) of this title.

7 ‘‘§ 12119. Owners engaged primarily in leasing or financing

8 transactions

9 ‘‘(a) DEFINITIONS.—In this section:

10 ‘‘(1) AFFILIATE.—The term ‘affiliate’ means, with respect to any

11 person, any other person that is—

12 ‘‘(i) directly or indirectly controlled by, under common control

13 with, or controlling that person; or

14 ‘‘(ii) named as being part of the same consolidated group in any

15 report or other document submitted to the United States Securi16 ties and Exchange Commission or the Internal Revenue Service.

17 ‘‘(2) CARGO.—The term ‘cargo’ does not include cargo to which title

18 is held for non-commercial reasons and primarily for the purpose of

19 evading the requirements of subsection (c)(3).

20 ‘‘(3) OIL.—The term ‘oil’ has the meaning given that term in section

21 2101(20) of this title.

22 ‘‘(4) PASSIVE INVESTMENT.—The term ‘passive investment’ means

23 an investment in which neither the investor nor any affiliate of the in24 vestor is involved in, or has the power to be involved in, the formula25 tion, determination, or direction of any activity or function concerning

26 the management, use, or operation of the asset that is the subject of

27 the investment.

28 ‘‘(5) QUALIFIED PROPRIETARY CARGO.—The term ‘qualified propri29 etary cargo’ means—

30 ‘‘(A) oil, petroleum products, petrochemicals, or liquefied nat31 ural gas cargo that is beneficially owned by the person that sub32 mits to the Secretary an application or annual certification under

33 subsection (c)(3), or by an affiliate of that person, immediately be34 fore, during, or immediately after the cargo is carried in coastwise

35 trade on a vessel owned by that person;

36 ‘‘(B) oil, petroleum products, petrochemicals, or liquefied nat37 ural gas cargo not beneficially owned by the person that submits

38 to the Secretary an application or an annual certification under

39 subsection (c)(3), or by an affiliate of that person, but which is

40 carried in coastwise trade by a vessel owned by that person and

41 which is part of an arrangement in which vessels owned by that
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1 person and at least one other person are operated collectively as

2 one fleet, to the extent that an equal amount of oil, petroleum

3 products, petrochemicals, or liquefied natural gas cargo bene4 ficially owned by that person, or by an affiliate of that person, is

5 carried in coastwise trade on one or more other vessels, not owned

6 by that person, or by an affiliate of that person, if the other vessel

7 or vessels are also part of the same arrangement;

8 ‘‘(C) in the case of a towing vessel associated with a non-self9 propelled tank vessel where both vessels function as a single self10 propelled vessel, oil, petroleum products, petrochemicals, or lique11 fied natural gas cargo that is beneficially owned by the person that

12 owns both the towing vessel and the non-self-propelled tank vessel,

13 or any United States affiliate of that person, immediately before,

14 during, or immediately after the cargo is carried in coastwise trade

15 on either of those vessels; or

16 ‘‘(D) any oil, petroleum products, petrochemicals, or liquefied

17 natural gas cargo carried on any vessel that is either a self-pro18 pelled tank vessel having a length of at least 210 meters or a tank

19 vessel that is a liquefied natural gas carrier that—

20 ‘‘(i) was delivered by the builder of the vessel to the owner

21 of the vessel after December 31, 1999; and

22 ‘‘(ii) was purchased by a person for the purpose, and with

23 the reasonable expectation, of transporting on the vessel liq24 uefied natural gas or unrefined petroleum beneficially owned

25 by the owner of the vessel, or an affiliate of the owner, from

26 Alaska to the continental United States.

27 ‘‘(6) UNITED STATES AFFILIATE.—The term ‘United States affiliate’

28 means, with respect to any person, an affiliate the principal place of

29 business of which is located in the United States.

30 ‘‘(b) REQUIREMENTS.—A coastwise endorsement may be issued for a ves31 sel if—

32 ‘‘(1) the vessel satisfies the requirements for a coastwise endorse33 ment, except for the ownership requirement otherwise applicable with34 out regard to this section;

35 ‘‘(2) the person that owns the vessel (or, if the vessel is owned by

36 a trust or similar arrangement, the beneficiary of the trust or similar

37 arrangement) meets the requirements of subsection (c);

38 ‘‘(3) the vessel is under a demise charter to a person that certifies

39 to the Secretary that the person is a citizen of the United States under

40 section 50501 of this title for engaging in the coastwise trade; and
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1 ‘‘(4) the demise charter is for a period of at least 3 years or a short2 er period as may be prescribed by the Secretary.

3 ‘‘(c) OWNERSHIP CERTIFICATION.—

4 ‘‘(1) IN GENERAL.—A person meets the requirements of this sub5 section if the person transmits to the Secretary each year the certifi6 cation required by paragraph (2) or (3) with respect to a vessel.

7 ‘‘(2) INVESTMENT CERTIFICATION.—To meet the certification re8 quirement of this paragraph, a person shall certify that it—

9 ‘‘(A) is a leasing company, bank, or financial institution;

10 ‘‘(B) owns, or holds the beneficial interest in, the vessel solely

11 as a passive investment;

12 ‘‘(C) does not operate any vessel for hire and is not an affiliate

13 of any person that operates any vessel for hire; and

14 ‘‘(D) is independent from, and not an affiliate of, any charterer

15 of the vessel or any other person that has the right, directly or

16 indirectly, to control or direct the movement or use of the vessel.

17 ‘‘(3) CERTAIN TANK VESSELS.—

18 ‘‘(A) IN GENERAL.—To meet the certification requirement of

19 this paragraph, a person shall certify that—

20 ‘‘(i) the aggregate book value of the vessels owned by the

21 person and United States affiliates of the person does not ex22 ceed 10 percent of the aggregate book value of all assets

23 owned by the person and its United States affiliates;

24 ‘‘(ii) not more than 10 percent of the aggregate revenues

25 of the person and its United States affiliates is derived from

26 the ownership, operation, or management of vessels;

27 ‘‘(iii) at least 70 percent of the aggregate tonnage of all

28 cargo carried by all vessels owned by the person and its

29 United States affiliates and documented with a coastwise en30 dorsement is qualified proprietary cargo;

31 ‘‘(iv) any cargo other than qualified proprietary cargo car32 ried by all vessels owned by the person and its United States

33 affiliates and documented with a coastwise endorsement con34 sists of oil, petroleum products, petrochemicals, or liquified

35 natural gas;

36 ‘‘(v) no vessel owned by the person or any of its United

37 States affiliates and documented with a coastwise endorse38 ment carries molten sulphur; and

39 ‘‘(vi) the person owned one or more vessels documented

40 under this section as of August 9, 2004.
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1 ‘‘(B) APPLICATION ONLY TO CERTAIN VESSELS.—A person may

2 make a certification under this paragraph only with respect to—

3 ‘‘(i) a tank vessel having a tonnage of at least 6,000 gross

4 tons, as measured under section 14502 of this title (or an al5 ternative tonnage measured under section 14302 of this title

6 as prescribed by the Secretary under section 14104 of this

7 title); or

8 ‘‘(ii) a towing vessel associated with a non-self-propelled

9 tank vessel that meets the requirements of clause (i), where

10 both vessels function as a single self-propelled vessel.

11 ‘‘(d) FILING OF DEMISE CHARTER.—The demise charter and any amend12 ments to the charter shall be filed with the certification required by sub13 section (b)(3) or within 10 days after filing an amendment to the charter.

14 The charter and amendments shall be made available to the public.

15 ‘‘(e) CONTINUATION OF ENDORSEMENT AFTER TERMINATION OF CHAR16 TER.—When a charter required by subsection (b)(3) is terminated for de17 fault by the charterer, the Secretary may continue the coastwise endorse18 ment for not more than 6 months on terms and conditions the Secretary

19 may prescribe.

20 ‘‘(f) DEEMED OWNED BY CITIZENS.—A vessel satisfying the require21 ments of this section is deemed to be owned only by citizens of the United

22 States under sections 12103 and 50501 of this title.

23 ‘‘§ 12120. Liquified gas tankers

24 ‘‘Notwithstanding any agreement with the United States Government, the

25 Secretary may issue a certificate of documentation with a coastwise endorse26 ment for a vessel to transport liquified natural gas or liquified petroleum

27 gas to Puerto Rico from other ports in the United States, if the vessel—

28 ‘‘(1) is a foreign built vessel that was built before October 19, 1996;

29 or

30 ‘‘(2) was documented under this chapter before that date, even if the

31 vessel is placed under a foreign registry and subsequently redocu32 mented under this chapter for operation under this section.

33 ‘‘§ 12121. Small passenger vessels and uninspected pas34 senger vessels

35 ‘‘(a) DEFINITIONS.—In this section:

36 ‘‘(1) ELIGIBLE VESSEL.—The term ‘eligible vessel’ means a vessel

37 that—

38 ‘‘(A) was not built in the United States and is at least 3 years

39 old; or
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1 ‘‘(B) if rebuilt, was rebuilt outside the United States at least

2 3 years before the certificate requested under subsection (b) would

3 take effect.

4 ‘‘(2) SMALL PASSENGER VESSEL; UNINSPECTED PASSENGER VESSEL;

5 PASSENGER FOR HIRE.—The terms ‘small passenger vessel’,

6 ‘uninspected passenger vessel’, and ‘passenger for hire’ have the mean7 ing given those terms in section 2101 of this title.

8 ‘‘(b) ISSUANCE OF CERTIFICATE AND ENDORSEMENT.—Notwithstanding

9 sections 12112, 12113, 55102, and 55103 of this title, the Secretary may

10 issue a certificate of documentation with an appropriate endorsement for

11 employment in the coastwise trade as a small passenger vessel or an

12 uninspected passenger vessel in the case of an eligible vessel authorized to

13 carry no more than 12 passengers for hire if the Secretary of Transpor14 tation, after notice and an opportunity for public comment, determines that

15 the employment of the vessel in the coastwise trade will not adversely

16 affect—

17 ‘‘(1) United States vessel builders; or

18 ‘‘(2) the coastwise trade business of any person that employs vessels

19 built in the United States in that business.

20 ‘‘(c) REVOCATION.—

21 ‘‘(1) FOR FRAUD.—The Secretary shall revoke a certificate or en22 dorsement issued under subsection (b) if the Secretary of Transpor23 tation, after notice and an opportunity for a hearing, determines that

24 the certificate or endorsement was obtained by fraud.

25 ‘‘(2) OTHER PROVISIONS NOT AFFECTED.—Paragraph (1) does not

26 affect—

27 ‘‘(A) the criminal prohibition on fraud and false statements in

28 section 1001 of title 18; or

29 ‘‘(B) any other authority of the Secretary to revoke a certificate

30 or endorsement issued under subsection (b).

31 ‘‘SUBCHAPTER III—MISCELLANEOUS

32 ‘‘§ 12131. Command of documented vessels

33 ‘‘(a) IN GENERAL.—Except as provided in subsection (b), a documented

34 vessel may be placed under the commmand only of a citizen of the United

35 States.

36 ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to—

37 ‘‘(1) a vessel with only a recreational endorsement; or

38 ‘‘(2) an unmanned barge operating outside of the territorial waters

39 of the United States.
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1 ‘‘§ 12132. Loss of coastwise trade privileges

2 ‘‘A vessel having a lawful right to engage in the coastwise trade is perma3 nently prohibited from engaging in the coastwise trade if the vessel is—

4 ‘‘(1)(A) more than 200 gross tons as measured under chapter 143

5 of this title; and

6 ‘‘(B) sold foreign or placed under foreign registry; or

7 ‘‘(2) rebuilt outside the United States.

8 ‘‘§ 12133. Duty to carry certificate on vessel and allow exam9 ination

10 ‘‘(a) DUTY TO CARRY.—The certificate of documentation of a vessel shall

11 be carried on the vessel unless the vessel is exempt by regulation from car12 rying the certificate.

13 ‘‘(b) AVAILABILITY.—The owner or individual in charge of a vessel re14 quired to carry its certificate of documentation shall make the certificate

15 available for examination at the request of an officer enforcing the revenue

16 laws or as otherwise required by law or regulation.

17 ‘‘(c) CRIMINAL PENALTY.—A person willfully violating subsection (b)

18 shall be fined under title 18, imprisoned for not more than one year, or

19 both.

20 ‘‘§ 12134. Evidentiary uses of documentation

21 ‘‘A certificate of documentation is—

22 ‘‘(1) conclusive evidence of nationality for international purposes, but

23 not in a proceeding conducted under the laws of the United States;

24 ‘‘(2) conclusive evidence of qualification to engage in a specified

25 trade; and

26 ‘‘(3) not conclusive evidence of ownership in a proceeding in which

27 ownership is in issue.

28 ‘‘§ 12135. Invalidation of certificates of documentation

29 ‘‘A certificate of documentation or an endorsement on the certificate is

30 invalid if the vessel for which it is issued—

31 ‘‘(1) no longer meets the requirements of this chapter and regula32 tions prescribed under this chapter applicable to the certificate or en33 dorsement; or

34 ‘‘(2) is placed under the command of an individual not a citizen of

35 the United States in violation of section 12131 of this title.

36 ‘‘§ 12136. Surrender of certificates of documentation

37 ‘‘(a) SURRENDER.—An invalid certificate of documentation, or a certifi38 cate with an invalid endorsement, shall be surrendered as provided by regu39 lations prescribed by the Secretary.

40 ‘‘(b) CONDITIONS FOR SURRENDER.—
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1 ‘‘(1) VESSELS OVER 1,000 TONS.—The Secretary may condition ap2 proval of the surrender of the certificate of documentation for a vessel

3 over 1,000 gross tons.

4 ‘‘(2) VESSELS COVERED BY MORTGAGE.—The Secretary may ap5 prove the surrender of the certificate of documentation of a vessel cov6 ered by a mortgage filed or recorded under section 31321 of this title

7 only if the mortgagee consents.

8 ‘‘(3) NOTICE OF LIEN.—The Secretary may not refuse to approve

9 the surrender of the certificate of documentation for a vessel solely on

10 the basis that a notice of a claim of a lien on the vessel has been re11 corded under section 31343(a) of this title.

12 ‘‘(c) CONTINUED APPLICATION OF CERTAIN LAWS.—

13 ‘‘(1) IN GENERAL.—Notwithstanding subsection (a), until the certifi14 cate of documentation is surrendered with the approval of the Sec15 retary, a documented vessel is deemed to continue to be documented

16 under this chapter for purposes of—

17 ‘‘(A) chapter 313 of this title for an instrument filed or re18 corded before the date of invalidation and an assignment after

19 that date;

20 ‘‘(B) sections 56101 and 56102(a)(2) and chapter 563 of this

21 title; and

22 ‘‘(C) any other law of the United States identified by the Sec23 retary by regulation as a law to which the Secretary applies this

24 subsection.

25 ‘‘(2) EXCEPTION.—This subsection does not apply when a vessel is

26 forfeited or sold by order of a district court of the United States.

27 ‘‘§ 12137. Recording of vessels built in the United States

28 ‘‘The Secretary may provide for recording and certifying information

29 about vessels built in the United States that the Secretary considers to be

30 in the public interest.

31 ‘‘§ 12138. List of documented vessels

32 ‘‘(a) IN GENERAL.—The Secretary shall publish periodically a list of all

33 documented vessels and information about those vessels that the Secretary

34 considers pertinent or useful. The list shall contain a notation clearly indi35 cating all vessels classed by the American Bureau of Shipping.

36 ‘‘(b) VESSELS FOR CABLE LAYING, MAINTENANCE, AND REPAIR.—

37 ‘‘(1) IN GENERAL.—The Secretary of Transportation shall develop,

38 maintain, and periodically update an inventory of vessels that are docu39 mented under this chapter, are at least 200 feet in length, and have

40 the capability to lay, maintain, or repair a submarine cable, without re-
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1 gard to whether a particular vessel is classed as a cable ship or cable

2 vessel.

3 ‘‘(2) INFORMATION TO BE INCLUDED.—For each vessel listed in the

4 inventory, the Secretary of Transportation shall include in the

5 inventory—

6 ‘‘(A) the name, length, beam, depth, and other distinguishing

7 characteristics of the vessel;

8 ‘‘(B) the abilities and limitations of the vessel with respect to

9 laying, maintaining, and repairing a submarine cable; and

10 ‘‘(C) the name and address of the person to whom inquiries re11 garding the vessel may be made.

12 ‘‘(3) PUBLICATION.—The Secretary of Transportation shall publish

13 in the Federal Register an updated inventory every 6 months.

14 ‘‘§ 12139. Reports

15 ‘‘(a) IN GENERAL.—To ensure compliance with this chapter and laws

16 governing the qualifications of vessels to engage in the coastwise trade and

17 the fisheries, the Secretary may require owners, masters, and charterers of

18 documented vessels to submit reports in any reasonable form and manner

19 the Secretary may prescribe.

20 ‘‘(b) VESSELS REBUILT OUTSIDE UNITED STATES.—

21 ‘‘(1) IN GENERAL.—Under regulations prescribed by the Secretary,

22 if a vessel exceeding the tonnage specified in paragraph (2) and docu23 mented or last documented under the laws of the United States is re24 built outside the United States, the owner or master shall submit a re25 port of the rebuilding to the Secretary.

26 ‘‘(2) TONNAGE.—The tonnage referred to in paragraph (1) is—

27 ‘‘(A) 500 gross tons as measured under section 14502 of this

28 title; or

29 ‘‘(B) an alternate tonnage as measured under section 14302 of

30 this title as prescribed by the Secretary under section 14104 of

31 this title.

32 ‘‘(3) TIMING OF SUBMISSION.—If the rebuilding is completed in the

33 United States, the report shall be submitted when the rebuilding is

34 completed. If the rebuilding is completed outside the United States, the

35 report shall be submitted when the vessel first arrives at a port in the

36 customs territory of the United States.

37 ‘‘SUBCHAPTER IV—PENALTIES

38 ‘‘§ 12151. Penalties

39 ‘‘(a) IN GENERAL.—A person that violates this chapter or a regulation

40 prescribed under this chapter is liable to the United States Government for
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1 a civil penalty of not more than $10,000. Each day of a continuing violation

2 is a separate violation.

3 ‘‘(b) SEIZURE AND FORFEITURE OF VESSELS.—A vessel and its equip4 ment are liable to seizure by and forfeiture to the Government if—

5 ‘‘(1) the owner of the vessel or the representative or agent of the

6 owner knowingly falsifies or conceals a material fact, or knowingly

7 makes a false statement or representation, about the documentation of

8 the vessel or in applying for documentation of the vessel;

9 ‘‘(2) a certificate of documentation is knowingly and fraudulently

10 used for the vessel;

11 ‘‘(3) the vessel is operated after its endorsement has been denied or

12 revoked under section 12152 of this title;

13 ‘‘(4) the vessel is employed in a trade without an appropriate en14 dorsement;

15 ‘‘(5) the vessel has only a recreational endorsement and is operated

16 other than for pleasure;

17 ‘‘(6) the vessel is a documented vessel and is placed under the com18 mand of a person not a citizen of the United States, except as author19 ized by section 12131(b) of this title; or

20 ‘‘(7) the vessel is rebuilt outside the United States and a report of

21 the rebuilding is not submitted as required by section 12139(b) of this

22 title.

23 ‘‘(c) ENGAGING IN FISHING AFTER FALSIFYING ELIGIBILITY.—In addi24 tion to other penalties under this section, the owner of a documented vessel

25 for which a fishery endorsement has been issued is liable to the Government

26 for a civil penalty of not more than $100,000 for each day the vessel en27 gages in fishing (as defined in section 3 of the Magnuson-Stevens Fishery

28 Conservation and Management Act (16 U.S.C. 1802)) within the exclusive

29 economic zone, if the owner or the representative or agent of the owner

30 knowingly falsified or concealed a material fact, or knowingly made a false

31 statement or representation, about the eligibility of the vessel under section

32 12113(c) or (d) of this title in applying for or applying to renew the fishery

33 endorsement.

34 ‘‘§ 12152. Denial or revocation of endorsement for non-pay35 ment of civil penalty

36 ‘‘If the owner of a vessel fails to pay a civil penalty imposed by the Sec37 retary, the Secretary may deny the issuance or renewal of an endorsement,

38 or revoke the endorsement, on a certificate of documentation issued for the

39 vessel under this chapter.’’.
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1 SEC. 5. SUBTITLE III OF TITLE 46.

2 (a) SUBTITLE ANALYSIS.—The analysis of subtitle III of title 46, United

3 States Code, is amended to read as follows:

‘‘Chapter Sec.

‘‘301. General Liability Provisions ................................................................. 30101

‘‘303. Death on the High Seas .......................................................................... 30301

‘‘305. Exoneration and Limitation of Liability .......................................... 30501

‘‘307. Liability of Water Carriers .................................................................... 30701

‘‘309. Suits in Admiralty Against United States Government ............. 30901

‘‘311. Suits Involving Public Vessels ............................................................. 31101

‘‘313. Commercial Instruments and Maritime Liens .............................. 31301’’.

4 (b) REPEALS.—Title 46, United States Code, is amended by striking

5 chapter 301 and the lines appearing immediately before and immediately

6 after chapter 313 indicating that certain chapters are reserved.

7 (c) CHAPTERS 301–311.—Title 46, United States Code, is amended by

8 inserting after the analysis of subtitle III the following:

9 ‘‘CHAPTER 301—GENERAL LIABILITY PROVISIONS

‘‘Sec.

‘‘30101. Extension of jurisdiction to cases of damage or injury on land.

‘‘30102. Liability to passengers.

‘‘30103. Liability of master, mate, engineer, and pilot.

‘‘30104. Personal injury to or death of seamen.

‘‘30105. Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries.

‘‘30106. Time limit on bringing action.

10 ‘‘§ 30101. Extension of jurisdiction to cases of damage or in11 jury on land

12 ‘‘(a) IN GENERAL.—The admiralty and maritime jurisdiction of the

13 United States extends to and includes cases of injury or damage, to person

14 or property, caused by a vessel on navigable waters, even though the injury

15 or damage is done or consummated on land.

16 ‘‘(b) PROCEDURE.—A civil action in a case under subsection (a) may be

17 brought in rem or in personam according to the principles of law and the

18 rules of practice applicable in cases where the injury or damage has been

19 done and consummated on navigable waters.

20 ‘‘(c) ACTIONS AGAINST UNITED STATES.—

21 ‘‘(1) EXCLUSIVE REMEDY.—In a civil action against the United

22 States Government for injury or damage done or consummated on land

23 by a vessel on navigable waters, chapter 309 or 311 of this title, as

24 appropriate, provides the exclusive remedy.

25 ‘‘(2) ADMINISTRATIVE CLAIM.—A civil action described in paragraph

26 (1) may not be brought until the expiration of the 6 month period after

27 the claim has been presented in writing to the agency owning or oper28 ating the vessel causing the injury or damage.
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1 ‘‘§ 30102. Liability to passengers

2 ‘‘(a) LIABILITY.—The owner and master of a vessel, and the vessel, are

3 liable for personal injury to a passenger or damage to a passenger’s baggage

4 caused by—

5 ‘‘(1) a neglect or failure to comply with part B or F of subtitle II

6 of this title; or

7 ‘‘(2) a known defect in the steaming apparatus or hull of the vessel.

8 ‘‘(b) NOT SUBJECT TO LIMITATION.—A liability imposed under this sec9 tion is not subject to limitation under chapter 305 of this title.

10 ‘‘§ 30103. Liability of master, mate, engineer, and pilot

11 ‘‘A person may bring a civil action against a master, mate, engineer, or

12 pilot of a vessel, and recover damages, for personal injury or loss caused

13 by the master’s, mate’s, engineer’s, or pilot’s—

14 ‘‘(1) negligence or willful misconduct; or

15 ‘‘(2) neglect or refusal to obey the laws governing the navigation of

16 vessels.

17 ‘‘§ 30104. Personal injury to or death of seamen

18 ‘‘(a) CAUSE OF ACTION.—A seaman injured in the course of employment

19 or, if the seaman dies from the injury, the personal representative of the

20 seaman may elect to bring a civil action at law, with the right of trial by

21 jury, against the employer. Laws of the United States regulating recovery

22 for personal injury to, or death of, a railway employee apply to an action

23 under this section.

24 ‘‘(b) VENUE.—An action under this section shall be brought in the judi25 cial district in which the employer resides or the employer’s principal office

26 is located.

27 ‘‘§ 30105. Restriction on recovery by non-citizens and non28 resident aliens for incidents in waters of other

29 countries

30 ‘‘(a) DEFINITION.—In this section, the term ‘continental shelf ’ has the

31 meaning given that term in article I of the 1958 Convention on the Conti32 nental Shelf.

33 ‘‘(b) RESTRICTION.—Except as provided in subsection (c), a civil action

34 for maintenance and cure or for damages for personal injury or death may

35 not be brought under a maritime law of the United States if—

36 ‘‘(1) the individual suffering the injury or death was not a citizen

37 or permanent resident alien of the United States at the time of the in38 cident giving rise to the action;

39 ‘‘(2) the incident occurred in the territorial waters or waters over40 laying the continental shelf of a country other than the United States;

41 and
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1 ‘‘(3) the individual suffering the injury or death was employed at the

2 time of the incident by a person engaged in the exploration, develop3 ment, or production of offshore mineral or energy resources, including

4 drilling, mapping, surveying, diving, pipelaying, maintaining, repairing,

5 constructing, or transporting supplies, equipment, or personnel, but not

6 including transporting those resources by a vessel constructed or adapt7 ed primarily to carry oil in bulk in the cargo spaces.

8 ‘‘(c) NONAPPLICATION.—Subsection (b) does not apply if the individual

9 bringing the action establishes that a remedy is not available under the laws

10 of—

11 ‘‘(1) the country asserting jurisdiction over the area in which the in12 cident occurred; or

13 ‘‘(2) the country in which the individual suffering the injury or death

14 maintained citizenship or residency at the time of the incident.

15 ‘‘§ 30106. Time limit on bringing action

16 ‘‘Except as otherwise provided by law, a civil action for damages for per17 sonal injury or death arising out of a maritime tort must be brought within

18 3 years after the cause of action arose.

19 ‘‘CHAPTER 303—DEATH ON THE HIGH SEAS

‘‘Sec.

‘‘30301. Short title.

‘‘30302. Cause of action.

‘‘30303. Amount and apportionment of recovery.

‘‘30304. Contributory negligence.

‘‘30305. Death of plaintiff in pending action.

‘‘30306. Foreign cause of action.

‘‘30307. Commercial aviation accidents.

‘‘30308. Nonapplication.

20 ‘‘§ 30301. Short title

21 ‘‘This chapter may be cited as the ‘Death on the High Seas Act’.

22 ‘‘§ 30302. Cause of action

23 ‘‘When the death of an individual is caused by wrongful act, neglect, or

24 default occurring on the high seas beyond a marine league from the shore

25 of the United States, the personal representative of the decedent may bring

26 a civil action in admiralty against the person or vessel responsible. The ac27 tion shall be for the exclusive benefit of the decedent’s spouse, parent, child,

28 or dependent relative.

29 ‘‘§ 30303. Amount and apportionment of recovery

30 ‘‘The recovery in an action under this chapter shall be a fair compensa31 tion for the pecuniary loss sustained by the individuals for whose benefit

32 the action is brought. The court shall apportion the recovery among those

33 individuals in proportion to the loss each has sustained.
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1 ‘‘§ 30304. Contributory negligence

2 ‘‘In an action under this chapter, contributory negligence of the decedent

3 is not a bar to recovery. The court shall consider the degree of negligence

4 of the decedent and reduce the recovery accordingly.

5 ‘‘§ 30305. Death of plaintiff in pending action

6 ‘‘If a civil action in admiralty is pending in a court of the United States

7 to recover for personal injury caused by wrongful act, neglect, or default

8 described in section 30302 of this title, and the individual dies during the

9 action as a result of the wrongful act, neglect, or default, the personal rep10 resentative of the decedent may be substituted as the plaintiff and the ac11 tion may proceed under this chapter for the recovery authorized by this

12 chapter.

13 ‘‘§ 30306. Foreign cause of action

14 ‘‘When a cause of action exists under the law of a foreign country for

15 death by wrongful act, neglect, or default on the high seas, a civil action

16 in admiralty may be brought in a court of the United States based on the

17 foreign cause of action, without abatement for the amount for which recov18 ery is authorized.

19 ‘‘§ 30307. Commercial aviation accidents

20 ‘‘(a) DEFINITION.—In this section, the term ‘nonpecuniary damages’

21 means damages for loss of care, comfort, and companionship.

22 ‘‘(b) BEYOND 12 NAUTICAL MILES.—In an action under this chapter, if

23 the death resulted from a commercial aviation accident occurring on the

24 high seas beyond 12 nautical miles from the shore of the United States, ad25 ditional compensation is recoverable for nonpecuniary damages for wrongful

26 death, but punitive damages are not recoverable.

27 ‘‘(c) WITHIN 12 NAUTICAL MILES.—This chapter does not apply if the

28 death resulted from a commercial aviation accident occurring on the high

29 seas 12 nautical miles or less from the shore of the United States.

30 ‘‘§ 30308. Nonapplication

31 ‘‘(a) STATE LAW.—This chapter does not affect the law of a State regu32 lating the right to recover for death.

33 ‘‘(b) INTERNAL WATERS.—This chapter does not apply to the Great

34 Lakes, waters within the territorial limits of a State, or navigable waters

35 in the Panama Canal.

36 ‘‘CHAPTER 305—EXONERATION AND LIMITATION OF

37 LIABILITY

‘‘Sec.

‘‘30501. Definition.

‘‘30502. Application.

‘‘30503. Declaration of nature and value of goods.

‘‘30504. Loss by fire.

‘‘30505. General limit of liability.

‘‘30506. Limit of liability for personal injury or death.
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‘‘30507. Apportionment of losses.

‘‘30508. Provisions requiring notice of claim or limiting time for bringing action.

‘‘30509. Provisions limiting liability for personal injury or death.

‘‘30510. Vicarious liability for medical malpractice.

‘‘30511. Action by owner for limitation.

‘‘30512. Liability as master, officer, or seaman not affected.

1 ‘‘§ 30501. Definition

2 ‘‘In this chapter, the term ‘owner’ includes a charterer that mans, sup3 plies, and navigates a vessel at the charterer’s own expense or by the

4 charterer’s own procurement.

5 ‘‘§ 30502. Application

6 ‘‘Except as otherwise provided, this chapter (except section 30503) ap7 plies to seagoing vessels and vessels used on lakes or rivers or in inland

8 navigation, including canal boats, barges, and lighters.

9 ‘‘§ 30503. Declaration of nature and value of goods

10 ‘‘(a) IN GENERAL.—If a shipper of an item named in subsection (b), con11 tained in a parcel, package, or trunk, loads the item as freight or baggage

12 on a vessel, without at the time of loading giving to the person receiving

13 the item a written notice of the true character and value of the item and

14 having that information entered on the bill of lading, the owner and master

15 of the vessel are not liable as carriers. The owner and master are not liable

16 beyond the value entered on the bill of lading.

17 ‘‘(b) ITEMS.—The items referred to in subsection (a) are precious metals,

18 gold or silver plated articles, precious stones, jewelry, trinkets, watches,

19 clocks, glass, china, coins, bills, securities, printings, engravings, pictures,

20 stamps, maps, papers, silks, furs, lace, and similar items of high value and

21 small size.

22 ‘‘§ 30504. Loss by fire

23 ‘‘The owner of a vessel is not liable for loss or damage to merchandise

24 on the vessel caused by a fire on the vessel unless the fire resulted from

25 the design or neglect of the owner.

26 ‘‘§ 30505. General limit of liability

27 ‘‘(a) IN GENERAL.—Except as provided in section 30506 of this title, the

28 liability of the owner of a vessel for any claim arising from any cause, on

29 account of that ownership, without the privity or knowledge of the owner

30 shall not exceed the value of the vessel and pending freight. If the vessel

31 has more than one owner, the proportionate share of the liability of any one

32 owner shall not exceed that owner’s proportionate interest in the vessel and

33 pending freight.

34 ‘‘(b) NONAPPLICATION.—This section does not apply to a claim for

35 wages.
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1 ‘‘§ 30506. Limit of liability for personal injury or death

2 ‘‘(a) APPLICATION.—This section applies only to seagoing vessels, but

3 does not apply to pleasure yachts, tugs, towboats, towing vessels, tank ves4 sels, fishing vessels, fish tender vessels, canal boats, scows, car floats,

5 barges, lighters, or nondescript vessels.

6 ‘‘(b) MINIMUM LIABILITY.—If the amount of the vessel owner’s liability

7 determined under section 30505 of this title is such that the portion avail8 able to pay claims for personal injury or death is less than $420 times the

9 tonnage of the vessel, that portion shall be increased to $420 times the ton10 nage of the vessel. That portion may be used only to pay claims for personal

11 injury or death.

12 ‘‘(c) CALCULATION OF TONNAGE.—Under subsection (b), the tonnage of

13 a self-propelled vessel is the gross tonnage without deduction for engine

14 room, and the tonnage of a sailing vessel is the tonnage for documentation.

15 However, space for the use of seamen is excluded.

16 ‘‘(d) CLAIMS ARISING ON DISTINCT OCCASIONS.—Separate limits of li17 ability apply to claims for personal injury or death arising on distinct occa18 sions.

19 ‘‘(e) PRIVITY OR KNOWLEDGE.—In a claim for personal injury or death,

20 the privity or knowledge of the master or managing agent, at or before the

21 beginning of each voyage, is imputed to the owner.

22 ‘‘§ 30507. Apportionment of losses

23 ‘‘If the amount determined under sections 30505 and 30506 of this title

24 is insufficient to pay all claimants, the claimants shall be paid in proportion

25 to their respective losses.

26 ‘‘§ 30508. Provisions requiring notice of claim or limiting

27 time for bringing action

28 ‘‘(a) APPLICATION.—This section applies only to seagoing vessels, but

29 does not apply to pleasure yachts, tugs, towboats, towing vessels, tank ves30 sels, fishing vessels, fish tender vessels, canal boats, scows, car floats,

31 barges, lighters, or nondescript vessels.

32 ‘‘(b) MINIMUM TIME LIMITS.—The owner, master, manager, or agent of

33 a vessel transporting passengers or property between ports in the United

34 States, or between a port in the United States and a port in a foreign coun35 try, may not limit by regulation, contract, or otherwise the period for—

36 ‘‘(1) giving notice of, or filing a claim for, personal injury or death

37 to less than 6 months after the date of the injury or death; or

38 ‘‘(2) bringing a civil action for personal injury or death to less than

39 one year after the date of the injury or death.
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1 ‘‘(c) EFFECT OF FAILURE TO GIVE NOTICE.—When notice of a claim for

2 personal injury or death is required by a contract, the failure to give the

3 notice is not a bar to recovery if—

4 ‘‘(1) the court finds that the owner, master, or agent of the vessel

5 had knowledge of the injury or death and the owner has not been prej6 udiced by the failure;

7 ‘‘(2) the court finds there was a satisfactory reason why the notice

8 could not have been given; or

9 ‘‘(3) the owner of the vessel fails to object to the failure to give the

10 notice.

11 ‘‘(d) TOLLING OF PERIOD TO GIVE NOTICE.—If a claimant is a minor

12 or mental incompetent, or if a claim is for wrongful death, any period pro13 vided by a contract for giving notice of the claim is tolled until the earlier

14 of—

15 ‘‘(1) the date a legal representative is appointed for the minor, in16 competent, or decedent’s estate; or

17 ‘‘(2) 3 years after the injury or death.

18 ‘‘§ 30509. Provisions limiting liability for personal injury or

19 death

20 ‘‘(a) PROHIBITION.—

21 ‘‘(1) IN GENERAL.—The owner, master, manager, or agent of a ves22 sel transporting passengers between ports in the United States, or be23 tween a port in the United States and a port in a foreign country, may

24 not include in a regulation or contract a provision limiting—

25 ‘‘(A) the liability of the owner, master, or agent for personal in26 jury or death caused by the negligence or fault of the owner or

27 the owner’s employees or agents; or

28 ‘‘(B) the right of a claimant for personal injury or death to a

29 trial.

30 ‘‘(2) VOIDNESS.—A provision described in paragraph (1) is void.

31 ‘‘(b) EMOTIONAL DISTRESS, MENTAL SUFFERING, AND PSYCHOLOGICAL

32 INJURY.—

33 ‘‘(1) IN GENERAL.—Subsection (a) does not prohibit a provision in

34 a contract or in ticket conditions of carriage with a passenger that re35 lieves an owner, master, manager, agent, operator, or crewmember of

36 a vessel from liability for infliction of emotional distress, mental suf37 fering, or psychological injury so long as the provision does not limit

38 such liability when the emotional distress, mental suffering, or psycho39 logical injury is—
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1 ‘‘(A) the result of physical injury to the claimant caused by the

2 negligence or fault of a crewmember or the owner, master, man3 ager, agent, or operator;

4 ‘‘(B) the result of the claimant having been at actual risk of

5 physical injury, and the risk was caused by the negligence or fault

6 of a crewmember or the owner, master, manager, agent, or oper7 ator; or

8 ‘‘(C) intentionally inflicted by a crewmember or the owner, mas9 ter, manager, agent, or operator.

10 ‘‘(2) SEXUAL OFFENSES.—This subsection does not limit the liability

11 of a crewmember or the owner, master, manager, agent, or operator

12 of a vessel in a case involving sexual harassment, sexual assault, or

13 rape.

14 ‘‘§ 30510. Vicarious liability for medical malpractice

15 ‘‘In a civil action by any person in which the owner or operator of a vessel

16 or employer of a crewmember is claimed to have vicarious liability for med17 ical malpractice with regard to a crewmember occurring at a shoreside facil18 ity, and to the extent the damages resulted from the conduct of any shore19 side doctor, hospital, medical facility, or other health care provider, the

20 owner, operator, or employer is entitled to rely on any statutory limitations

21 of liability applicable to the doctor, hospital, medical facility, or other health

22 care provider in the State of the United States in which the shoreside med23 ical care was provided.

24 ‘‘§ 30511. Action by owner for limitation

25 ‘‘(a) IN GENERAL.—The owner of a vessel may bring a civil action in a

26 district court of the United States for limitation of liability under this chap27 ter. The action must be brought within 6 months after a claimant gives the

28 owner written notice of a claim.

29 ‘‘(b) CREATION OF FUND.—When the action is brought, the owner

30 shall—

31 ‘‘(1) deposit with the court, for the benefit of claimants—

32 ‘‘(A) an amount equal to the value of the owner’s interest in

33 the vessel and pending freight, or approved security; and

34 ‘‘(B) an amount, or approved security, that the court may fix

35 from time to time as necessary to carry out this chapter; or

36 ‘‘(2) transfer to a trustee appointed by the court, for the benefit of

37 claimants—

38 ‘‘(A) the owner’s interest in the vessel and pending freight; and

39 ‘‘(B) an amount, or approved security, that the court may fix

40 from time to time as necessary to carry out this chapter.
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1 ‘‘(c) CESSATION OF OTHER ACTIONS.—When an action has been brought

2 under this section and the owner has complied with subsection (b), all

3 claims and proceedings against the owner related to the matter in question

4 shall cease.

5 ‘‘§ 30512. Liability as master, officer, or seaman not affected

6 ‘‘This chapter does not affect the liability of an individual as a master,

7 officer, or seaman, even though the individual is also an owner of the vessel.

8 ‘‘CHAPTER 307—LIABILITY OF WATER CARRIERS

‘‘Sec.

‘‘30701. Definition.

‘‘30702. Application.

‘‘30703. Bills of lading.

‘‘30704. Loading, stowage, custody, care, and delivery.

‘‘30705. Seaworthiness.

‘‘30706. Defenses.

‘‘30707. Civil penalty.

9 ‘‘§ 30701. Definition

10 ‘‘In this chapter, the term ‘carrier’ means the owner, manager, charterer,

11 agent, or master of a vessel.

12 ‘‘§ 30702. Application

13 ‘‘(a) IN GENERAL.—Except as otherwise provided, this chapter applies to

14 a carrier engaged in the carriage of goods to or from any port in the United

15 States.

16 ‘‘(b) RELATION TO COGSA.—The relationship between this chapter and

17 the Carriage of Goods By Sea Act shall be the same as the relationship that

18 existed between the Act of February 13, 1893 (ch. 105, 27 Stat. 445) (com19 monly known as the Harter Act) and the Carriage of Goods By Sea Act,

20 prior to the repeal of the Harter Act.

21 ‘‘(c) LIVE ANIMALS.—Sections 30703 and 30704 of this title do not

22 apply to the carriage of live animals.

23 ‘‘§ 30703. Bills of lading

24 ‘‘(a) ISSUANCE.—A carrier shall issue to a shipper a bill of lading or

25 shipping document.

26 ‘‘(b) CONTENTS.—The bill of lading or shipping document shall include

27 a statement of—

28 ‘‘(1) the marks necessary to identify the goods;

29 ‘‘(2) the number of packages, or the quantity or weight, and whether

30 it is carrier’s or shipper’s weight; and

31 ‘‘(3) the apparent condition of the goods.

32 ‘‘(c) PRIMA FACIE EVIDENCE OF RECEIPT.—A bill of lading or shipping

33 document issued under this section is prima facie evidence of receipt of the

34 goods described.
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1 ‘‘§ 30704. Loading, stowage, custody, care, and delivery

2 ‘‘A carrier may not insert in a bill of lading or shipping document a pro3 vision relieving the carrier from liability for loss or damage arising from im4 proper loading, stowage, custody, care, or delivery. Any such provision is

5 void.

6 ‘‘§ 30705. Seaworthiness

7 ‘‘(a) PROHIBITION.—A carrier may not insert in a bill of lading or ship8 ping document a provision lessening or avoiding its obligation to exercise

9 due diligence to—

10 ‘‘(1) make the vessel seaworthy; and

11 ‘‘(2) properly man, equip, and supply the vessel.

12 ‘‘(b) VOIDNESS.—A provision described in subsection (a) is void.

13 ‘‘§ 30706. Defenses

14 ‘‘(a) DUE DILIGENCE.—If a carrier has exercised due diligence to make

15 the vessel in all respects seaworthy and to properly man, equip, and supply

16 the vessel, the carrier and the vessel are not liable for loss or damage aris17 ing from an error in the navigation or management of the vessel.

18 ‘‘(b) OTHER DEFENSES.—A carrier and the vessel are not liable for loss

19 or damage arising from—

20 ‘‘(1) dangers of the sea or other navigable waters;

21 ‘‘(2) acts of God;

22 ‘‘(3) public enemies;

23 ‘‘(4) seizure under legal process;

24 ‘‘(5) inherent defect, quality, or vice of the goods;

25 ‘‘(6) insufficiency of package;

26 ‘‘(7) act or omission of the shipper or owner of the goods or their

27 agent; or

28 ‘‘(8) saving or attempting to save life or property at sea, including

29 a deviation in rendering such a service.

30 ‘‘§ 30707. Civil penalty

31 ‘‘(a) IN GENERAL.—A carrier that violates this chapter is liable for a civil

32 penalty of not more than $2,000.

33 ‘‘(b) LIEN.—The amount of the penalty and costs for the violation con34 stitute a lien on the vessel engaged in the carriage. A civil action in rem

35 to enforce the lien may be brought in the district court of the United States

36 for any district in which the vessel is found.

37 ‘‘(c) DISPOSITION OF PENALTY.—Half of the penalty shall be paid to the

38 person injured by the violation and half to the United States Government.

39 ‘‘CHAPTER 309—SUITS IN ADMIRALTY AGAINST UNITED

40 STATES GOVERNMENT

‘‘Sec.

‘‘30901. Short title.
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‘‘30902. Definition.

‘‘30903. Waiver of immunity.

‘‘30904. Exclusive remedy.

‘‘30905. Period for bringing action.

‘‘30906. Venue.

‘‘30907. Security.

‘‘30908. Procedure for hearing and determination.

‘‘30909. Exoneration and limitation.

‘‘30910. Costs and interest.

‘‘30911. Arbitration, compromise, or settlement.

‘‘30912. Payment of judgment or settlement.

‘‘30913. Exemption from arrest or seizure.

‘‘30914. Release of privately owned vessel after seizure.

‘‘30915. Seizures and other proceedings in foreign jurisdictions.

‘‘30916. Recovery by United States Government for salvage services.

‘‘30917. Disposition of amounts recovered by United States Government.

‘‘30918. Reports.

1 ‘‘§ 30901. Short title

2 ‘‘This chapter may be cited as the ‘Suits in Admiralty Act’.

3 ‘‘§ 30902. Definition

4 ‘‘In this chapter, the term ‘federally-owned corporation’ means a corpora5 tion in which the United States Government owns all the outstanding cap6 ital stock.

7 ‘‘§ 30903. Waiver of immunity

8 ‘‘(a) IN GENERAL.—In a case in which, if a vessel were privately owned

9 or operated, or if cargo were privately owned or possessed, or if a private

10 person or property were involved, a civil action in admiralty could be main11 tained, a civil action in personam may be brought against the United States

12 Government or a federally-owned corporation. In a civil action in admiralty

13 brought by the Government or a federally-owned corporation, an admiralty

14 claim in personam may be filed or a setoff claimed against the Government

15 or corporation.

16 ‘‘(b) NON-JURY.—A claim against the Government or a federally-owned

17 corporation under this section shall be tried without a jury.

18 ‘‘§ 30904. Exclusive remedy

19 ‘‘If a remedy is provided by this chapter, it shall be exclusive of any other

20 action arising out of the same subject matter against the officer, employee,

21 or agent of the United States Government or the federally-owned corpora22 tion whose act or omission gave rise to the claim.

23 ‘‘§ 30905. Period for bringing action

24 ‘‘A civil action under this chapter must be brought within 2 years after

25 the cause of action arose.

26 ‘‘§ 30906. Venue

27 ‘‘(a) IN GENERAL.—A civil action under this chapter shall be brought in

28 the district court of the United States for the district in which—

29 ‘‘(1) any plaintiff resides or has its principal place of business; or

30 ‘‘(2) the vessel or cargo is found.
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1 ‘‘(b) TRANSFER.—On a motion by a party, the court may transfer the

2 action to any other district court of the United States.

3 ‘‘§ 30907. Security

4 ‘‘Neither the United States Government nor a federally-owned corporation

5 may be required to give a bond or admiralty stipulation in a civil action

6 under this chapter.

7 ‘‘§ 30908. Procedure for hearing and determination

8 ‘‘(a) IN GENERAL.—A civil action under this chapter shall proceed and

9 be heard and determined according to the principles of law and the rules

10 of practice applicable in like cases between private parties.

11 ‘‘(b) IN REM.—

12 ‘‘(1) REQUIREMENTS.—The action may proceed according to the

13 principles of an action in rem if—

14 ‘‘(A) the plaintiff elects in the complaint; and

15 ‘‘(B) it appears that an action in rem could have been main16 tained had the vessel or cargo been privately owned and possessed.

17 ‘‘(2) EFFECT ON RELIEF IN PERSONAM.—An election under para18 graph (1) does not prevent the plaintiff from seeking relief in personam

19 in the same action.

20 ‘‘§ 30909. Exoneration and limitation

21 ‘‘The United States Government is entitled to the exemptions from and

22 limitations of liability provided by law to an owner, charterer, operator, or

23 agent of a vessel.

24 ‘‘§ 30910. Costs and interest

25 ‘‘(a) IN GENERAL.—A judgment against the United States Government

26 or a federally-owned corporation under this chapter may include costs and

27 interest at the rate of 4 percent a year until satisfied. Interest shall run

28 as ordered by the court, except that interest is not allowable for the period

29 before the action is filed.

30 ‘‘(b) CONTRACT PROVIDING FOR INTEREST.—Notwithstanding subsection

31 (a), if the claim is based on a contract providing for interest, interest may

32 be awarded at the rate and for the period provided in the contract.

33 ‘‘§ 30911. Arbitration, compromise, or settlement

34 ‘‘The Secretary of a department of the United States Government, or the

35 board of trustees of a federally-owned corporation, may arbitrate, com36 promise, or settle a claim authorized by this chapter.

37 ‘‘§ 30912. Payment of judgment or settlement

38 ‘‘(a) IN GENERAL.—The proper accounting officer of the United States

39 Government shall pay a final judgment, arbitration award, or settlement

40 under this chapter on presentation of an authenticated copy.
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1 ‘‘(b) SOURCE OF PAYMENT.—Payment shall be made from an appropria2 tion or fund available specifically for the purpose. If no appropriation or

3 fund is specifically available, there is hereby appropriated, out of money in

4 the Treasury not otherwise appropriated, an amount sufficient to pay the

5 judgment, award, or settlement.

6 ‘‘§ 30913. Exemption from arrest or seizure

7 ‘‘The following are not subject to arrest or seizure by judicial process in

8 the United States:

9 ‘‘(1) A vessel owned by, possessed by, or operated by or for the

10 United States Government or a federally-owned corporation.

11 ‘‘(2) Cargo owned or possessed by the Government or a federally12 owned corporation.

13 ‘‘§ 30914. Release of privately owned vessel after seizure

14 ‘‘If a privately owned vessel not in the possession of the United States

15 Government or a federally-owned corporation is arrested or attached in a

16 civil action arising or alleged to have arisen from prior ownership, posses17 sion, or operation by the Government or corporation, the vessel shall be re18 leased without bond or stipulation on a statement by the Government,

19 through the Attorney General or other authorized law officer, that the Gov20 ernment is interested in the action, desires release of the vessel, and as21 sumes liability for the satisfaction of any judgment obtained by the plaintiff.

22 After the vessel is released, the action shall proceed against the Government

23 in accordance with this chapter.

24 ‘‘§ 30915. Seizures and other proceedings in foreign jurisdic25 tions

26 ‘‘(a) IN GENERAL.—If a vessel or cargo described in section 30913 or

27 30914 of this title is arrested, attached, or otherwise seized by judicial proc28 ess in a foreign country, or if an action is brought in a court of a foreign

29 country against the master of such a vessel for a claim arising from the

30 ownership, possession, or operation of the vessel, or the ownership, posses31 sion, or carriage of such cargo, the Secretary of State, on request of the

32 Attorney General or another officer authorized by the Attorney General,

33 may direct the United States consul residing at or nearest the place at

34 which the action was brought—

35 ‘‘(1) to claim the vessel or cargo as immune from arrest, attachment,

36 or other seizure, and to execute an agreement, stipulation, bond, or un37 dertaking, for the United States Government or federally-owned cor38 poration, for the release of the vessel or cargo and the prosecution of

39 any appeal; or

40 ‘‘(2) if an action has been brought against the master of such a ves41 sel, to enter the appearance of the Government or corporation and to
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1 pledge the credit of the Government or corporation to the payment of

2 any judgment and costs in the action.

3 ‘‘(b) ARRANGING BOND OR STIPULATION.—The Attorney General may—

4 ‘‘(1) arrange with a bank, surety company, or other person, whether

5 in the United States or a foreign country, to execute a bond or stipula6 tion; and

7 ‘‘(2) pledge the credit of the Government to secure the bond or stipu8 lation.

9 ‘‘(c) PAYMENT OF JUDGMENT.—The appropriate accounting officer of the

10 Government or corporation may pay a judgment in an action described in

11 subsection (a) on presentation of a copy of the judgment if certified by the

12 clerk of the court and authenticated by—

13 ‘‘(1) the certificate and seal of the United States consul claiming the

14 vessel or cargo, or by the consul’s successor; and

15 ‘‘(2) the certificate of the Secretary as to the official capacity of the

16 consul.

17 ‘‘(d) RIGHT TO CLAIM IMMUNITY NOT AFFECTED.—This section does

18 not affect the right of the Government to claim immunity of a vessel or

19 cargo from foreign jurisdiction.

20 ‘‘§ 30916. Recovery by United States Government for salvage

21 services

22 ‘‘(a) CIVIL ACTION.—The United States Government, and the crew of a

23 merchant vessel owned or operated by the Government, or a federally-owned

24 corporation, may bring a civil action to recover for salvage services provided

25 by the vessel and crew.

26 ‘‘(b) DEPOSIT OF AMOUNTS RECOVERED.—Any amount recovered under

27 this section by the Government for its own benefit, and not for the benefit

28 of the crew, shall be deposited in the Treasury to the credit of the depart29 ment of the Government, or the corporation, having control of the posses30 sion or operation of the vessel.

31 ‘‘§ 30917. Disposition of amounts recovered by United States

32 Government

33 ‘‘Amounts recovered in a civil action brought by the United States Gov34 ernment on a claim arising from the ownership, possession, or operation of

35 a merchant vessel, or the ownership, possession, or carriage of cargo, shall

36 be deposited in the Treasury to the credit of the department of the Govern37 ment, or the federally-owned corporation, having control of the vessel or

38 cargo, for reimbursement of the appropriation, insurance fund, or other

39 fund from which the compensation for which the judgment was recovered

40 was or will be paid.
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1 ‘‘§ 30918. Reports

2 ‘‘The Secretary of each department of the United States Government,

3 and the board of trustees of each federally-owned corporation, shall report

4 to Congress at each session thereof all arbitration awards and settlements

5 agreed to under this chapter since the previous session, for which the time

6 to appeal has expired or been waived.

7 ‘‘CHAPTER 311—SUITS INVOLVING PUBLIC VESSELS

‘‘Sec.

‘‘31101. Short title.

‘‘31102. Waiver of immunity.

‘‘31103. Applicable procedure.

‘‘31104. Venue.

‘‘31105. Security when counterclaim filed.

‘‘31106. Exoneration and limitation.

‘‘31107. Interest.

‘‘31108. Arbitration, compromise, or settlement.

‘‘31109. Payment of judgment or settlement.

‘‘31110. Subpoenas to officers or members of crew.

‘‘31111. Claims by nationals of foreign countries.

‘‘31112. Lien not recognized or created.

‘‘31113. Reports.

8 ‘‘§ 31101. Short title

9 ‘‘This chapter may be cited as the ‘Public Vessels Act’.

10 ‘‘§ 31102. Waiver of immunity

11 ‘‘(a) IN GENERAL.—A civil action in personam in admiralty may be

12 brought, or an impleader filed, against the United States Government for—

13 ‘‘(1) damages caused by a public vessel of the United States; or

14 ‘‘(2) compensation for towage and salvage services, including con15 tract salvage, rendered to a public vessel of the United States.

16 ‘‘(b) COUNTERCLAIM OR SETOFF.—If the Government brings a civil ac17 tion in admiralty for damages caused by a privately owned vessel, the owner

18 of the vessel, or the successor in interest, may file a counterclaim in per19 sonam, or claim a setoff, against the Government for damages arising out

20 of the same subject matter.

21 ‘‘§ 31103. Applicable procedure

22 ‘‘A civil action under this chapter is subject to the provisions of chapter

23 309 of this title except to the extent inconsistent with this chapter.

24 ‘‘§ 31104. Venue

25 ‘‘(a) IN GENERAL.—A civil action under this chapter shall be brought in

26 the district court of the United States for the district in which the vessel

27 or cargo is found within the United States.

28 ‘‘(b) VESSEL OR CARGO OUTSIDE TERRITORIAL WATERS.—If the vessel

29 or cargo is outside the territorial waters of the United States—

30 ‘‘(1) the action shall be brought in the district court of the United

31 States for any district in which any plaintiff resides or has an office

32 for the transaction of business; or
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1 ‘‘(2) if no plaintiff resides or has an office for the transaction of

2 business in the United States, the action may be brought in the district

3 court of the United States for any district.

4 ‘‘§ 31105. Security when counterclaim filed

5 ‘‘If a counterclaim is filed for a cause of action for which the original

6 action is filed under this chapter, the respondent to the counterclaim shall

7 give security in the usual amount and form to respond to the counterclaim,

8 unless the court for cause shown orders otherwise. The proceedings in the

9 original action shall be stayed until the security is given.

10 ‘‘§ 31106. Exoneration and limitation

11 ‘‘The United States Government is entitled to the exemptions from and

12 limitations of liability provided by law to an owner, charterer, operator, or

13 agent of a vessel.

14 ‘‘§ 31107. Interest

15 ‘‘A judgment in a civil action under this chapter may not include interest

16 for the period before the judgment is issued unless the claim is based on

17 a contract providing for interest.

18 ‘‘§ 31108. Arbitration, compromise, or settlement

19 ‘‘The Attorney General may arbitrate, compromise, or settle a claim au20 thorized by this chapter if the claim actually has been filed.

21 ‘‘§ 31109. Payment of judgment or settlement

22 ‘‘The proper accounting officer of the United States shall pay a final

23 judgment, arbitration award, or settlement under this chapter on presen24 tation of an authenticated copy. Payment shall be made from any money

25 in the Treasury appropriated for the purpose.

26 ‘‘§ 31110. Subpoenas to officers or members of crew

27 ‘‘An officer or member of the crew of a public vessel may not be subpoe28 naed in a civil action under this chapter without the consent of—

29 ‘‘(1) the Secretary of the department or the head of the independent

30 establishment having control of the vessel at the time the cause of ac31 tion arose; or

32 ‘‘(2) the master or commanding officer of the vessel at the time the

33 subpoena is issued.

34 ‘‘§ 31111. Claims by nationals of foreign countries

35 ‘‘A national of a foreign country may not maintain a civil action under

36 this chapter unless it appears to the satisfaction of the court in which the

37 action is brought that the government of that country, in similar cir38 cumstances, allows nationals of the United States to sue in its courts.

39 ‘‘§ 31112. Lien not recognized or created

40 ‘‘This chapter shall not be construed as recognizing the existence of or

41 as creating a lien against a public vessel of the United States.
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1 ‘‘§ 31113. Reports

2 ‘‘The Attorney General shall report to Congress at each session thereof

3 all claims settled under this chapter.’’.

4 SEC. 6. SUBTITLE IV OF TITLE 46.

5 Title 46, United States Code, is amended by inserting after subtitle III

6 the following:

7 ‘‘Subtitle IV—Regulation of Ocean Shipping

8 ‘‘PART A—OCEAN SHIPPING

‘‘Chapter Sec.

‘‘401. General .......................................................................................................... 40101

‘‘403. Agreements .................................................................................................. 40301

‘‘405. Tariffs, Service Contracts, Refunds, and Waivers ........................ 40501

‘‘407. Controlled Carriers .................................................................................. 40701

‘‘409. Ocean Transportation Intermediaries .............................................. 40901

‘‘411. Prohibitions and Penalties .................................................................... 41101

‘‘413. Enforcement ................................................................................................ 41301

9 ‘‘PART B—ACTIONS TO ADDRESS FOREIGN PRACTICES

‘‘421. Regulations Affecting Shipping in Foreign Trade ....................... 42101

‘‘423. Foreign Shipping Practices .................................................................. 42301

10 ‘‘PART C—MISCELLANEOUS

‘‘441. Evidence of Financial Responsibility for Passenger Transportation.44101

11 ‘‘PART A—OCEAN SHIPPING

12 ‘‘CHAPTER 401—GENERAL

‘‘Sec.

‘‘40101. Purposes.

‘‘40102. Definitions.

‘‘40103. Administrative exemptions.

‘‘40104. Reports filed with the Commission.

13 ‘‘§ 40101. Purposes

14 ‘‘The purposes of this part are to—

15 ‘‘(1) establish a nondiscriminatory regulatory process for the com16 mon carriage of goods by water in the foreign commerce of the United

17 States with a minimum of government intervention and regulatory

18 costs;

19 ‘‘(2) provide an efficient and economic transportation system in the

20 ocean commerce of the United States that is, insofar as possible, in

21 harmony with, and responsive to, international shipping practices;

22 ‘‘(3) encourage the development of an economically sound and effi23 cient United States-flag liner fleet capable of meeting national security

24 needs; and

25 ‘‘(4) promote the growth and development of United States exports

26 through competitive and efficient ocean transportation and by placing

27 a greater reliance on the marketplace.

28 ‘‘§ 40102. Definitions

29 ‘‘In this part:
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1 ‘‘(1) AGREEMENT.—The term ‘agreement’—

2 ‘‘(A) means a written or oral understanding, arrangement, or

3 association, and any modification or cancellation thereof; but

4 ‘‘(B) does not include a maritime labor agreement.

5 ‘‘(2) ANTITRUST LAWS.—The term ‘antitrust laws’ means—

6 ‘‘(A) the Sherman Act (15 U.S.C. 1 et seq.);

7 ‘‘(B) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C.

8 8, 9);

9 ‘‘(C) the Clayton Act (15 U.S.C. 12 et seq.);

10 ‘‘(D) the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a);

11 ‘‘(E) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);

12 ‘‘(F) the Antitrust Civil Process Act (15 U.S.C. 1311 et seq.);

13 and

14 ‘‘(G) Acts supplementary to those Acts.

15 ‘‘(3) ASSESSMENT AGREEMENT.—The term ‘assessment agreement’

16 means an agreement, whether part of a collective bargaining agreement

17 or negotiated separately, to the extent the agreement provides for the

18 funding of collectively bargained fringe-benefit obligations on other

19 than a uniform worker-hour basis, regardless of the cargo handled or

20 type of vessel or equipment used.

21 ‘‘(4) BULK CARGO.—The term ‘bulk cargo’ means cargo that is load22 ed and carried in bulk without mark or count.

23 ‘‘(5) CHEMICAL PARCEL-TANKER.—The term ‘chemical parcel-tank24 er’ means a vessel that has—

25 ‘‘(A) a cargo-carrying capability consisting of individual cargo

26 tanks for bulk chemicals that—

27 ‘‘(i) are a permanent part of the vessel; and

28 ‘‘(ii) have segregation capability with piping systems to per29 mit simultaneous carriage of several bulk chemical cargoes

30 with minimum risk of cross-contamination; and

31 ‘‘(B) a valid certificate of fitness under the International Mari32 time Organization Code for the Construction and Equipment of

33 Ships Carrying Dangerous Chemicals in Bulk.

34 ‘‘(6) COMMON CARRIER.—The term ‘common carrier’—

35 ‘‘(A) means a person that—

36 ‘‘(i) holds itself out to the general public to provide trans37 portation by water of passengers or cargo between the United

38 States and a foreign country for compensation;

39 ‘‘(ii) assumes responsibility for the transportation from the

40 port or point of receipt to the port or point of destination;

41 and
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1 ‘‘(iii) uses, for all or part of that transportation, a vessel

2 operating on the high seas or the Great Lakes between a port

3 in the United States and a port in a foreign country; but

4 ‘‘(B) does not include a carrier engaged in ocean transportation

5 by ferry boat, ocean tramp, or chemical parcel-tanker, or by vessel

6 when primarily engaged in the carriage of perishable agricultural

7 commodities—

8 ‘‘(i) if the carrier and the owner of those commodities are

9 wholly-owned, directly or indirectly, by a person primarily en10 gaged in the marketing and distribution of those commodities;

11 and

12 ‘‘(ii) only with respect to the carriage of those commodities.

13 ‘‘(7) CONFERENCE.—The term ‘conference’—

14 ‘‘(A) means an association of ocean common carriers permitted,

15 pursuant to an approved or effective agreement, to engage in con16 certed activity and to use a common tariff; but

17 ‘‘(B) does not include a joint service, consortium, pooling, sail18 ing, or transshipment agreement.

19 ‘‘(8) CONTROLLED CARRIER.—The term ‘controlled carrier’ means

20 an ocean common carrier that is, or whose operating assets are, di21 rectly or indirectly, owned or controlled by a government, with owner22 ship or control by a government being deemed to exist for a carrier

23 if—

24 ‘‘(A) a majority of the interest in the carrier is owned or con25 trolled in any manner by that government, an agency of that gov26 ernment, or a public or private person controlled by that govern27 ment; or

28 ‘‘(B) that government has the right to appoint or disapprove the

29 appointment of a majority of the directors, the chief operating of30 ficer, or the chief executive officer of the carrier.

31 ‘‘(9) DEFERRED REBATE.—The term ‘deferred rebate’ means a re32 turn by a common carrier of any freight money to a shipper, where

33 the return is—

34 ‘‘(A) consideration for the shipper giving all or any portion of

35 its shipments to that or any other common carrier over a fixed pe36 riod of time;

37 ‘‘(B) deferred beyond the completion of the service for which it

38 was paid; and

39 ‘‘(C) made only if the shipper has agreed to make a further

40 shipment with that or any other common carrier.
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1 ‘‘(10) FOREST PRODUCTS.—The term ‘forest products’ includes lum2 ber in bundles, rough timber, ties, poles, piling, laminated beams, bun3 dled siding, bundled plywood, bundled core stock or veneers, bundled

4 particle or fiber boards, bundled hardwood, wood pulp in rolls, wood

5 pulp in unitized bales, and paper and paper board in rolls or in pallet

6 or skid-sized sheets.

7 ‘‘(11) INLAND DIVISION.—The term ‘inland division’ means the

8 amount paid by a common carrier to an inland carrier for the inland

9 portion of through transportation offered to the public by the common

10 carrier.

11 ‘‘(12) INLAND PORTION.—The term ‘inland portion’ means the

12 charge to the public by a common carrier for the non-ocean portion of

13 through transportation.

14 ‘‘(13) LOYALTY CONTRACT.—The term ‘loyalty contract’ means a

15 contract with an ocean common carrier or agreement providing for—

16 ‘‘(A) a shipper to obtain lower rates by committing all or a fixed

17 portion of its cargo to that carrier or agreement; and

18 ‘‘(B) a deferred rebate arrangement.

19 ‘‘(14) MARINE TERMINAL OPERATOR.—The term ‘marine terminal

20 operator’ means a person engaged in the United States in the business

21 of providing wharfage, dock, warehouse, or other terminal facilities in

22 connection with a common carrier, or in connection with a common car23 rier and a water carrier subject to subchapter II of chapter 135 of title

24 49.

25 ‘‘(15) MARITIME LABOR AGREEMENT.—The term ‘maritime labor

26 agreement’—

27 ‘‘(A) means—

28 ‘‘(i) a collective bargaining agreement between an employer

29 subject to this part, or a group of such employers, and a

30 labor organization representing employees in the maritime or

31 stevedoring industry;

32 ‘‘(ii) an agreement preparatory to such a collective bar33 gaining agreement among members of a multi-employer bar34 gaining group; or

35 ‘‘(iii) an agreement specifically implementing provisions of

36 such a collective bargaining agreement or providing for the

37 formation, financing, or administration of a multi-employer

38 bargaining group; but

39 ‘‘(B) does not include an assessment agreement.

40 ‘‘(16) NON-VESSEL-OPERATING COMMON CARRIER.—The term ‘non41 vessel-operating common carrier’ means a common carrier that—
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1 ‘‘(A) does not operate the vessels by which the ocean transpor2 tation is provided; and

3 ‘‘(B) is a shipper in its relationship with an ocean common car4 rier.

5 ‘‘(17) OCEAN COMMON CARRIER.—The term ‘ocean common carrier’

6 means a vessel-operating common carrier.

7 ‘‘(18) OCEAN FREIGHT FORWARDER.—The term ‘ocean freight for8 warder’ means a person that—

9 ‘‘(A) in the United States, dispatches shipments from the

10 United States via a common carrier and books or otherwise ar11 ranges space for those shipments on behalf of shippers; and

12 ‘‘(B) processes the documentation or performs related activities

13 incident to those shipments.

14 ‘‘(19) OCEAN TRANSPORTATION INTERMEDIARY.—The term ‘ocean

15 transportation intermediary’ means an ocean freight forwarder or a

16 non-vessel-operating common carrier.

17 ‘‘(20) SERVICE CONTRACT.—The term ‘service contract’ means a

18 written contract, other than a bill of lading or receipt, between one or

19 more shippers, on the one hand, and an individual ocean common car20 rier or an agreement between or among ocean common carriers, on the

21 other, in which—

22 ‘‘(A) the shipper or shippers commit to providing a certain vol23 ume or portion of cargo over a fixed time period; and

24 ‘‘(B) the ocean common carrier or the agreement commits to a

25 certain rate or rate schedule and a defined service level, such as

26 assured space, transit time, port rotation, or similar service fea27 tures.

28 ‘‘(21) SHIPMENT.—The term ‘shipment’ means all of the cargo car29 ried under the terms of a single bill of lading.

30 ‘‘(22) SHIPPER.—The term ‘shipper’ means—

31 ‘‘(A) a cargo owner;

32 ‘‘(B) the person for whose account the ocean transportation of

33 cargo is provided;

34 ‘‘(C) the person to whom delivery is to be made;

35 ‘‘(D) a shippers’ association; or

36 ‘‘(E) a non-vessel-operating common carrier that accepts re37 sponsibility for payment of all charges applicable under the tariff

38 or service contract.

39 ‘‘(23) SHIPPERS’ ASSOCIATION.—The term ‘shippers’ association’

40 means a group of shippers that consolidates or distributes freight on
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1 a nonprofit basis for the members of the group to obtain carload,

2 truckload, or other volume rates or service contracts.

3 ‘‘(24) THROUGH RATE.—The term ‘through rate’ means the single

4 amount charged by a common carrier in connection with through trans5 portation.

6 ‘‘(25) THROUGH TRANSPORTATION.—The term ‘through transpor7 tation’ means continuous transportation between origin and destination

8 for which a through rate is assessed and which is offered or performed

9 by one or more carriers, at least one of which is a common carrier,

10 between a United States port or point and a foreign port or point.

11 ‘‘§ 40103. Administrative exemptions

12 ‘‘(a) IN GENERAL.—The Federal Maritime Commission, on application or

13 its own motion, may by order or regulation exempt for the future any class

14 of agreements between persons subject to this part or any specified activity

15 of those persons from any requirement of this part if the Commission finds

16 that the exemption will not result in substantial reduction in competition

17 or be detrimental to commerce. The Commission may attach conditions to

18 an exemption and may, by order, revoke an exemption.

19 ‘‘(b) OPPORTUNITY FOR HEARING.—An order or regulation of exemption

20 or revocation of an exemption may be issued only if the Commission has

21 provided an opportunity for a hearing to interested persons and depart22 ments and agencies of the United States Government.

23 ‘‘§ 40104. Reports filed with the Commission

24 ‘‘(a) IN GENERAL.—The Federal Maritime Commission may require a

25 common carrier or an officer, receiver, trustee, lessee, agent, or employee

26 of the carrier to file with the Commission a periodical or special report, an

27 account, record, rate, or charge, or a memorandum of facts and transactions

28 related to the business of the carrier. The report, account, record, rate,

29 charge, or memorandum shall be made under oath if the Commission re30 quires, and shall be filed in the form and within the time prescribed by the

31 Commission.

32 ‘‘(b) CONFERENCE MINUTES.—Conference minutes required to be filed

33 with the Commission under this section may not be released to third parties

34 or published by the Commission.

35 ‘‘CHAPTER 403—AGREEMENTS

‘‘Sec.

‘‘40301. Application.

‘‘40302. Filing requirements.

‘‘40303. Content requirements.

‘‘40304. Commission action.

‘‘40305. Assessment agreements.

‘‘40306. Nondisclosure of information.

‘‘40307. Exemption from antitrust laws.
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1 ‘‘§ 40301. Application

2 ‘‘(a) OCEAN COMMON CARRIER AGREEMENTS.—This part applies to an

3 agreement between or among ocean common carriers to—

4 ‘‘(1) discuss, fix, or regulate transportation rates, including through

5 rates, cargo space accommodations, and other conditions of service;

6 ‘‘(2) pool or apportion traffic, revenues, earnings, or losses;

7 ‘‘(3) allot ports or regulate the number and character of voyages be8 tween ports;

9 ‘‘(4) regulate the volume or character of cargo or passenger traffic

10 to be carried;

11 ‘‘(5) engage in an exclusive, preferential, or cooperative working ar12 rangement between themselves or with a marine terminal operator;

13 ‘‘(6) control, regulate, or prevent competition in international ocean

14 transportation; or

15 ‘‘(7) discuss and agree on any matter related to a service contract.

16 ‘‘(b) MARINE TERMINAL OPERATOR AGREEMENTS.—This part applies to

17 an agreement between or among marine terminal operators, or between or

18 among one or more marine terminal operators and one or more ocean com19 mon carriers, to—

20 ‘‘(1) discuss, fix, or regulate rates or other conditions of service; or

21 ‘‘(2) engage in exclusive, preferential, or cooperative working ar22 rangements, to the extent the agreement involves ocean transportation

23 in the foreign commerce of the United States.

24 ‘‘(c) ACQUISITIONS.—This part does not apply to an acquisition by any

25 person, directly or indirectly, of any voting security or assets of any other

26 person.

27 ‘‘(d) MARITIME LABOR AGREEMENTS.—This part does not apply to a

28 maritime labor agreement. However, this subsection does not exempt from

29 this part any rate, charge, regulation, or practice of a common carrier that

30 is required to be set forth in a tariff or is an essential term of a service

31 contract, whether or not the rate, charge, regulation, or practice arises out

32 of, or is otherwise related to, a maritime labor agreement.

33 ‘‘(e) ASSESSMENT AGREEMENTS.—This part (except sections 40305 and

34 40307(a)) does not apply to an assessment agreement.

35 ‘‘§ 40302. Filing requirements

36 ‘‘(a) IN GENERAL.—A true copy of every agreement referred to in section

37 40301(a) or (b) of this title shall be filed with the Federal Maritime Com38 mission. If the agreement is oral, a complete memorandum specifying in de39 tail the substance of the agreement shall be filed.

40 ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to—
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1 ‘‘(1) an agreement related to transportation to be performed within

2 or between foreign countries; or

3 ‘‘(2) an agreement among common carriers to establish, operate, or

4 maintain a marine terminal in the United States.

5 ‘‘(c) REGULATIONS.—The Commission may by regulation prescribe the

6 form and manner in which an agreement shall be filed and any additional

7 information and documents necessary to evaluate the agreement.

8 ‘‘§ 40303. Content requirements

9 ‘‘(a) OCEAN COMMON CARRIER AGREEMENTS.—

10 ‘‘(1) RESTRICTIONS.—An ocean common carrier agreement may

11 not—

12 ‘‘(A) prohibit or restrict a member of the agreement from en13 gaging in negotiations for a service contract with a shipper;

14 ‘‘(B) require a member of the agreement to disclose a negotia15 tion on a service contract, or the terms of a service contract, other

16 than those terms required to be published under section 40502(d)

17 of this title; or

18 ‘‘(C) adopt mandatory rules or requirements affecting the right

19 of an agreement member to negotiate and enter into a service con20 tract.

21 ‘‘(2) VOLUNTARY GUIDELINES.—An ocean common carrier agree22 ment may provide authority to adopt voluntary guidelines relating to

23 the terms and procedures of an agreement member’s service contracts

24 if the guidelines explicitly state the right of members of the agreement

25 not to follow the guidelines. Any guidelines adopted shall be submitted

26 confidentially to the Federal Maritime Commission.

27 ‘‘(b) CONFERENCE AGREEMENTS.—Each conference agreement must—

28 ‘‘(1) state its purpose;

29 ‘‘(2) provide reasonable and equal terms for admission and readmis30 sion to conference membership for any ocean common carrier willing

31 to serve the particular trade or route;

32 ‘‘(3) permit any member to withdraw from conference membership

33 on reasonable notice without penalty;

34 ‘‘(4) at the request of any member, require an independent neutral

35 body to police fully the obligations of the conference and its members;

36 ‘‘(5) prohibit the conference from engaging in conduct prohibited by

37 section 41105(1) or (3) of this title;

38 ‘‘(6) provide for a consultation process designed to promote—

39 ‘‘(A) commercial resolution of disputes; and

40 ‘‘(B) cooperation with shippers in preventing and eliminating

41 malpractices;
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1 ‘‘(7) establish procedures for promptly and fairly considering re2 quests and complaints of shippers; and

3 ‘‘(8) provide that—

4 ‘‘(A) any member of the conference may take independent ac5 tion on a rate or service item on not more than 5 days’ notice to

6 the conference; and

7 ‘‘(B) except for an exempt commodity not published in the con8 ference tariff, the conference will include the new rate or service

9 item in its tariff for use by that member, effective no later than

10 5 days after receipt of the notice, and by any other member that

11 notifies the conference that it elects to adopt the independent rate

12 or service item on or after its effective date, in lieu of the existing

13 conference tariff provision for that rate or service item.

14 ‘‘(c) INTERCONFERENCE AGREEMENTS.—Each agreement between car15 riers not members of the same conference must provide the right of inde16 pendent action for each carrier. Each agreement between conferences must

17 provide the right of independent action for each conference.

18 ‘‘(d) VESSEL SHARING AGREEMENTS.—

19 ‘‘(1) IN GENERAL.—An ocean common carrier that is the owner, op20 erator, or bareboat, time, or slot charterer of a United States-flag liner

21 vessel documented under section 12103 or 12111(c) of this title may

22 agree with an ocean common carrier described in paragraph (2) to

23 which it charters or subcharters the vessel or space on the vessel that

24 the charterer or subcharterer may not use or make available space on

25 the vessel for the carriage of cargo reserved by law for United States26 flag vessels.

27 ‘‘(2) CARRIER DESCRIBED.—An ocean common carrier described in

28 this paragraph is one that is not the owner, operator, or bareboat

29 charterer for at least one year of United States-flag liner vessels that

30 are eligible to be included in the Maritime Security Fleet Program and

31 are enrolled in an Emergency Preparedness Program under chapter

32 531 of this title.

33 ‘‘§ 40304. Commission action

34 ‘‘(a) NOTICE OF FILING.—Within 7 days after an agreement is filed, the

35 Federal Maritime Commission shall transmit a notice of the filing to the

36 Federal Register for publication.

37 ‘‘(b) PRELIMINARY REVIEW AND REJECTION.—After preliminary review,

38 the Commission shall reject an agreement that it finds does not meet the

39 requirements of sections 40302 and 40303 of this title. The Commission

40 shall notify in writing the person filing the agreement of the reason for re41 jection.
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1 ‘‘(c) REVIEW AND EFFECTIVE DATE.—Unless rejected under subsection

2 (b), an agreement (other than an assessment agreement) is effective—

3 ‘‘(1) on the 45th day after filing, or on the 30th day after notice

4 of the filing is published in the Federal Register, whichever is later;

5 or

6 ‘‘(2) if additional information or documents are requested under sub7 section (d)—

8 ‘‘(A) on the 45th day after the Commission receives all the addi9 tional information and documents; or

10 ‘‘(B) if the request is not fully complied with, on the 45th day

11 after the Commission receives the information and documents sub12 mitted and a statement of the reasons for noncompliance with the

13 request.

14 ‘‘(d) REQUEST FOR ADDITIONAL INFORMATION.—Before the expiration of

15 the period specified in subsection (c)(1), the Commission may request from

16 the person filing the agreement any additional information and documents

17 the Commission considers necessary to make the determinations required by

18 this section.

19 ‘‘(e) MODIFICATION OF REVIEW PERIOD.—

20 ‘‘(1) SHORTENING.—On request of the party filing an agreement,

21 the Commission may shorten a period specified in subsection (c), but

22 not to a date that is less than 14 days after notice of the filing of the

23 agreement is published in the Federal Register.

24 ‘‘(2) EXTENSION.—The period specified in subsection (c)(2) may be

25 extended only by the United States District Court for the District of

26 Columbia in a civil action brought by the Commission under section

27 41307(c) of this title.

28 ‘‘(f) FIXED TERMS.—The Commission may not limit the effectiveness of

29 an agreement to a fixed term.

30 ‘‘§ 40305. Assessment agreements

31 ‘‘(a) FILING REQUIREMENT.—An assessment agreement shall be filed

32 with the Federal Maritime Commission and is effective on filing.

33 ‘‘(b) COMPLAINTS.—If a complaint is filed with the Commission within

34 2 years after the date of an assessment agreement, the Commission shall

35 disapprove, cancel, or modify the agreement, or an assessment or charge

36 pursuant to the agreement, that the Commission finds, after notice and op37 portunity for a hearing, to be unjustly discriminatory or unfair as between

38 carriers, shippers, or ports. The Commission shall issue its final decision in

39 the proceeding within one year after the date the complaint is filed.

40 ‘‘(c) ADJUSTMENTS OF ASSESSMENTS AND CHARGES.—To the extent

41 that the Commission finds under subsection (b) that an assessment or
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1 charge is unjustly discriminatory or unfair as between carriers, shippers, or

2 ports, the Commission shall adjust the assessment or charge for the period

3 between the filing of the complaint and the final decision by awarding pro4 spective credits or debits to future assessments and charges. However, if the

5 complainant has ceased activities subject to the assessment or charge, the

6 Commission may award reparations.

7 ‘‘§ 40306. Nondisclosure of information

8 ‘‘Information and documents (other than an agreement) filed with the

9 Federal Maritime Commission under this chapter are exempt from disclo10 sure under section 552 of title 5 and may not be made public except as

11 may be relevant to an administrative or judicial proceeding. This section

12 does not prevent disclosure to either House of Congress or to a duly author13 ized committee or subcommittee of Congress.

14 ‘‘§ 40307. Exemption from antitrust laws

15 ‘‘(a) IN GENERAL.—The antitrust laws do not apply to—

16 ‘‘(1) an agreement (including an assessment agreement) that has

17 been filed and is effective under this chapter;

18 ‘‘(2) an agreement that is exempt under section 40103 of this title

19 from any requirement of this part;

20 ‘‘(3) an agreement or activity within the scope of this part, whether

21 permitted under or prohibited by this part, undertaken or entered into

22 with a reasonable basis to conclude that it is—

23 ‘‘(A) pursuant to an agreement on file with the Federal Mari24 time Commission and in effect when the activity takes place; or

25 ‘‘(B) exempt under section 40103 of this title from any filing

26 or publication requirement of this part;

27 ‘‘(4) an agreement or activity relating to transportation services

28 within or between foreign countries, whether or not via the United

29 States, unless the agreement or activity has a direct, substantial, and

30 reasonably foreseeable effect on the commerce of the United States;

31 ‘‘(5) an agreement or activity relating to the foreign inland segment

32 of through transportation that is part of transportation provided in a

33 United States import or export trade;

34 ‘‘(6) an agreement or activity to provide wharfage, dock, warehouse,

35 or other terminal facilities outside the United States; or

36 ‘‘(7) an agreement, modification, or cancellation approved before

37 June 18, 1984, by the Commission under section 15 of the Shipping

38 Act, 1916, or permitted under section 14b of that Act, and any prop39 erly published tariff, rate, fare, or charge, or classification, rule, or reg40 ulation explanatory thereof implementing that agreement, modification,

41 or cancellation.
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1 ‘‘(b) EXCEPTIONS.—This part does not extend antitrust immunity to—

2 ‘‘(1) an agreement with or among air carriers, rail carriers, motor

3 carriers, or common carriers by water not subject to this part relating

4 to transportation within the United States;

5 ‘‘(2) a discussion or agreement among common carriers subject to

6 this part relating to the inland divisions (as opposed to the inland por7 tions) of through rates within the United States;

8 ‘‘(3) an agreement among common carriers subject to this part to

9 establish, operate, or maintain a marine terminal in the United States;

10 or

11 ‘‘(4) a loyalty contract.

12 ‘‘(c) RETROACTIVE EFFECT OF DETERMINATIONS.—A determination by

13 an agency or court that results in the denial or removal of the immunity

14 to the antitrust laws under subsection (a) does not remove or alter the anti15 trust immunity for the period before the determination.

16 ‘‘(d) RELIEF UNDER CLAYTON ACT.—A person may not recover damages

17 under section 4 of the Clayton Act (15 U.S.C. 15), or obtain injunctive re18 lief under section 16 of that Act (15 U.S.C. 26), for conduct prohibited by

19 this part.

20 ‘‘CHAPTER 405—TARIFFS, SERVICE CONTRACTS,

21 REFUNDS, AND WAIVERS

‘‘Sec.

‘‘40501. General rate and tariff requirements.

‘‘40502. Service contracts.

‘‘40503. Refunds and waivers.

22 ‘‘§ 40501. General rate and tariff requirements

23 ‘‘(a) AUTOMATED TARIFF SYSTEM.—

24 ‘‘(1) IN GENERAL.—Each common carrier and conference shall keep

25 open to public inspection in an automated tariff system, tariffs showing

26 all its rates, charges, classifications, rules, and practices between all

27 points or ports on its own route and on any through transportation

28 route that has been established. However, a common carrier is not re29 quired to state separately or otherwise reveal in tariffs the inland divi30 sions of a through rate.

31 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not apply with respect to

32 bulk cargo, forest products, recycled metal scrap, new assembled motor

33 vehicles, waste paper, or paper waste.

34 ‘‘(b) CONTENTS OF TARIFFS.—A tariff under subsection (a) shall—

35 ‘‘(1) state the places between which cargo will be carried;

36 ‘‘(2) list each classification of cargo in use;

37 ‘‘(3) state the level of compensation, if any, of any ocean freight for38 warder by a carrier or conference;
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1 ‘‘(4) state separately each terminal or other charge, privilege, or fa2 cility under the control of the carrier or conference and any rules that

3 in any way change, affect, or determine any part or the total of the

4 rates or charges;

5 ‘‘(5) include sample copies of any bill of lading, contract of affreight6 ment, or other document evidencing the transportation agreement; and

7 ‘‘(6) include copies of any loyalty contract, omitting the shipper’s

8 name.

9 ‘‘(c) ELECTRONIC ACCESS.—A tariff under subsection (a) shall be made

10 available electronically to any person, without time, quantity, or other limi11 tation, through appropriate access from remote locations. A reasonable fee

12 may be charged for such access, except that no fee may be charged for ac13 cess by a Federal agency.

14 ‘‘(d) TIME-VOLUME RATES.—A rate contained in a tariff under sub15 section (a) may vary with the volume of cargo offered over a specified period

16 of time.

17 ‘‘(e) EFFECTIVE DATES.—

18 ‘‘(1) INCREASES.—A new or initial rate or change in an existing rate

19 that results in an increased cost to a shipper may not become effective

20 earlier than 30 days after publication. However, for good cause, the

21 Federal Maritime Commission may allow the rate to become effective

22 sooner.

23 ‘‘(2) DECREASES.—A change in an existing rate that results in a de24 creased cost to a shipper may become effective on publication.

25 ‘‘(f) MARINE TERMINAL OPERATOR SCHEDULES.—A marine terminal op26 erator may make available to the public a schedule of rates, regulations, and

27 practices, including limitations of liability for cargo loss or damage, per28 taining to receiving, delivering, handling, or storing property at its marine

29 terminal. Any such schedule made available to the public is enforceable by

30 an appropriate court as an implied contract without proof of actual knowl31 edge of its provisions.

32 ‘‘(g) REGULATIONS.—

33 ‘‘(1) IN GENERAL.—The Commission shall by regulation prescribe

34 the requirements for the accessibility and accuracy of automated tariff

35 systems established under this section. The Commission, after periodic

36 review, may prohibit the use of any automated tariff system that fails

37 to meet the requirements established under this section.

38 ‘‘(2) REMOTE TERMINALS.—The Commission may not require a

39 common carrier to provide a remote terminal for electronic access

40 under subsection (c).
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1 ‘‘(3) MARINE TERMINAL OPERATOR SCHEDULES.—The Commission

2 shall by regulation prescribe the form and manner in which marine ter3 minal operator schedules authorized by this section shall be published.

4 ‘‘§ 40502. Service contracts

5 ‘‘(a) IN GENERAL.—An individual ocean common carrier or an agreement

6 between or among ocean common carriers may enter into a service contract

7 with one or more shippers subject to the requirements of this part.

8 ‘‘(b) FILING REQUIREMENTS.—

9 ‘‘(1) IN GENERAL.—Each service contract entered into under this

10 section by an individual ocean common carrier or an agreement shall

11 be filed confidentially with the Federal Maritime Commission.

12 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not apply to contracts re13 garding bulk cargo, forest products, recycled metal scrap, new assem14 bled motor vehicles, waste paper, or paper waste.

15 ‘‘(c) ESSENTIAL TERMS.—Each service contract shall include—

16 ‘‘(1) the origin and destination port ranges;

17 ‘‘(2) the origin and destination geographic areas in the case of

18 through intermodal movements;

19 ‘‘(3) the commodities involved;

20 ‘‘(4) the minimum volume or portion;

21 ‘‘(5) the line-haul rate;

22 ‘‘(6) the duration;

23 ‘‘(7) service commitments; and

24 ‘‘(8) the liquidated damages for nonperformance, if any.

25 ‘‘(d) PUBLICATION OF CERTAIN TERMS.—When a service contract is filed

26 confidentially with the Commission, a concise statement of the essential

27 terms specified in clauses (1), (3), (4), and (6) of subsection (c) shall be

28 published and made available to the general public in tariff format.

29 ‘‘(e) DISCLOSURE OF CERTAIN TERMS.—

30 ‘‘(1) DEFINITIONS.—In this subsection, the terms ‘dock area’ and

31 ‘within the port area’ have the same meaning and scope as in the appli32 cable collective bargaining agreement between the requesting labor or33 ganization and the carrier.

34 ‘‘(2) DISCLOSURE.—An ocean common carrier that is a party to or

35 is otherwise subject to a collective bargaining agreement with a labor

36 organization shall, in response to a written request by the labor organi37 zation, state whether it is responsible for the following work at a dock

38 area or within a port area in the United States with respect to cargo

39 transportation under a service contract:
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1 ‘‘(A) The movement of the shipper’s cargo on a dock area or

2 within the port area or to or from railroad cars on a dock area

3 or within the port area.

4 ‘‘(B) The assignment of intraport carriage of the shipper’s

5 cargo between areas on a dock or within the port area.

6 ‘‘(C) The assignment of the carriage of the shipper’s cargo be7 tween a container yard on a dock area or within the port area and

8 a rail yard adjacent to the container yard.

9 ‘‘(D) The assignment of container freight station work and con10 tainer maintenance and repair work performed at a dock area or

11 within the port area.

12 ‘‘(3) WITHIN REASONABLE TIME.—The common carrier shall provide

13 the information described in paragraph (2) to the requesting labor or14 ganization within a reasonable period of time.

15 ‘‘(4) EXISTENCE OF COLLECTIVE BARGAINING AGREEMENT.—This

16 subsection does not require the disclosure of information by an ocean

17 common carrier unless there exists an applicable and otherwise lawful

18 collective bargaining agreement pertaining to that carrier. A disclosure

19 by an ocean common carrier may not be deemed an admission or an

20 agreement that any work is covered by a collective bargaining agree21 ment. A dispute about whether any work is covered by a collective bar22 gaining agreement and the responsibility of an ocean common carrier

23 under a collective bargaining agreement shall be resolved solely in ac24 cordance with the dispute resolution procedures contained in the collec25 tive bargaining agreement and the National Labor Relations Act (29

26 U.S.C. 151 et seq.), and without reference to this subsection.

27 ‘‘(5) EFFECT UNDER OTHER LAWS.—This subsection does not affect

28 the lawfulness or unlawfulness under this part or any other Federal or

29 State law of any collective bargaining agreement or element thereof, in30 cluding any element that constitutes an essential term of a service con31 tract.

32 ‘‘(f) REMEDY FOR BREACH.—Unless the parties agree otherwise, the ex33 clusive remedy for a breach of a service contract is an action in an appro34 priate court. The contract dispute resolution forum may not be controlled

35 by or in any way affiliated with a controlled carrier or by the government

36 that owns or controls the carrier.

37 ‘‘§ 40503. Refunds and waivers

38 ‘‘The Federal Maritime Commission, on application of a carrier or ship39 per, may permit a common carrier or conference to refund a portion of the

40 freight charges collected from a shipper, or to waive collection of a portion

41 of the charges from a shipper, if—
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1 ‘‘(1) there is an error in a tariff, a failure to publish a new tariff,

2 or an error in quoting a tariff, and the refund or waiver will not result

3 in discrimination among shippers, ports, or carriers;

4 ‘‘(2) the common carrier or conference, before filing an application

5 for authority to refund or waive any charges for an error in a tariff

6 or a failure to publish a tariff, has published a new tariff setting forth

7 the rate on which the refund or waiver would be based; and

8 ‘‘(3) the application for the refund or waiver is filed with the Com9 mission within 180 days from the date of shipment.

10 ‘‘CHAPTER 407—CONTROLLED CARRIERS

‘‘Sec.

‘‘40701. Rates.

‘‘40702. Rate standards.

‘‘40703. Effective date of rates.

‘‘40704. Commission review.

‘‘40705. Presidential review of Commission orders.

‘‘40706. Exceptions.

11 ‘‘§ 40701. Rates

12 ‘‘(a) IN GENERAL.—A controlled carrier may not—

13 ‘‘(1) maintain a rate or charge in a tariff or service contract, or

14 charge or assess a rate, that is below a just and reasonable level; or

15 ‘‘(2) establish, maintain, or enforce in a tariff or service contract a

16 classification, rule, or regulation that results, or is likely to result, in

17 the carriage or handling of cargo at a rate or charge that is below a

18 just and reasonable level.

19 ‘‘(b) COMMISSION PROHIBITION.—The Federal Maritime Commission, at

20 any time after notice and opportunity for a hearing, may prohibit the publi21 cation or use of a rate, charge, classification, rule, or regulation that a con22 trolled carrier has failed to demonstrate is just and reasonable.

23 ‘‘(c) BURDEN OF PROOF.—In a proceeding under this section, the burden

24 of proof is on the controlled carrier to demonstrate that its rate, charge,

25 classification, rule, or regulation is just and reasonable.

26 ‘‘(d) VOIDNESS.—A rate, charge, classification, rule, or regulation that

27 has been suspended or prohibited by the Commission is void and its use is

28 unlawful.

29 ‘‘§ 40702. Rate standards

30 ‘‘(a) DEFINITION.—In this section, the term ‘constructive costs’ means

31 the costs of another carrier, other than a controlled carrier, operating simi32 lar vessels and equipment in the same or a similar trade.

33 ‘‘(b) STANDARDS.—In determining whether a rate, charge, classification,

34 rule, or regulation of a controlled carrier is just and reasonable, the Federal

35 Maritime Commission—

36 ‘‘(1) shall take into account whether the rate or charge that has been

37 published or assessed, or that would result from the pertinent classi-
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1 fication, rule, or regulation, is below a level that is fully compensatory

2 to the controlled carrier based on the carrier’s actual costs or construc3 tive costs; and

4 ‘‘(2) may take into account other appropriate factors, including

5 whether the rate, charge, classification, rule, or regulation is—

6 ‘‘(A) the same as, or similar to, those published or assessed by

7 other carriers in the same trade;

8 ‘‘(B) required to ensure movement of particular cargo in the

9 same trade; or

10 ‘‘(C) required to maintain acceptable continuity, level, or quality

11 of common carrier service to or from affected ports.

12 ‘‘§ 40703. Effective date of rates

13 ‘‘Notwithstanding section 40501(e) of this title and except for service

14 contracts, a rate, charge, classification, rule, or regulation of a controlled

15 carrier may not become effective, without special permission of the Federal

16 Maritime Commission, until the 30th day after publication.

17 ‘‘§ 40704. Commission review

18 ‘‘(a) REQUEST FOR JUSTIFICATION.—On request of the Federal Maritime

19 Commission, a controlled carrier shall file with the Commission, within 20

20 days of the request, a statement of justification that sufficiently details the

21 carrier’s need and purpose for an existing or proposed rate, charge, classi22 fication, rule, or regulation and upon which the Commission may reasonably

23 base a determination of its lawfulness.

24 ‘‘(b) DETERMINATION.—Within 120 days after receipt of information re25 quested under subsection (a), the Commission shall determine whether the

26 rate, charge, classification, rule, or regulation may be unjust and unreason27 able.

28 ‘‘(c) SHOW CAUSE ORDER.—Whenever the Commission is of the opinion

29 that a rate, charge, classification, rule, or regulation published or assessed

30 by a controlled carrier may be unjust and unreasonable, the Commission

31 shall issue an order to the controlled carrier to show cause why the rate,

32 charge, classification, rule, or regulation should not be prohibited.

33 ‘‘(d) SUSPENSION PENDING DETERMINATION.—

34 ‘‘(1) NOT YET EFFECTIVE.—Pending a determination of the lawful35 ness of a rate, charge, classification, rule, or regulation in a proceeding

36 under subsection (c), the Commission may suspend the rate, charge,

37 classification, rule, or regulation at any time before its effective date.

38 ‘‘(2) ALREADY EFFECTIVE.—If a rate, charge, classification, rule, or

39 regulation has already become effective, the Commission, on issuance

40 of an order to show cause, may suspend the rate, charge, classification,

41 rule, or regulation on at least 30 days’ notice to the controlled carrier.
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1 ‘‘(3) MAXIMUM SUSPENSION.—A period of suspension under this

2 subsection may not exceed 180 days.

3 ‘‘(e) REPLACEMENT DURING SUSPENSION.—Whenever the Commission

4 has suspended a rate, charge, classification, rule, or regulation under this

5 section, the controlled carrier may publish a new rate, charge, classification,

6 rule, or regulation to take effect immediately during the suspension in lieu

7 of the suspended rate, charge, classification, rule, or regulation. However,

8 the Commission may reject the new rate, charge, classification, rule, or reg9 ulation if the Commission believes it is unjust and unreasonable.

10 ‘‘§ 40705. Presidential review of Commission orders

11 ‘‘(a) TRANSMISSION TO PRESIDENT.—The Federal Maritime Commission

12 shall transmit to the President, concurrently with publication thereof, each

13 order of suspension or final order of prohibition issued under section 40704

14 of this title.

15 ‘‘(b) PRESIDENTIAL REQUEST AND COMMISSION ACTION.—Within 10

16 days after receipt or the effective date of a Commission order referred to

17 in subsection (a), the President, in writing, may request the Commission to

18 stay the effect of the order if the President finds that the stay is required

19 for reasons of national defense or foreign policy. The reasons shall be speci20 fied in the request. The Commission shall immediately grant the request by

21 issuing an order in which the President’s request shall be described. During

22 a stay, the President shall, whenever practicable, attempt to resolve the

23 matter by negotiating with representatives of the applicable foreign govern24 ments.

25 ‘‘§ 40706. Exceptions

26 ‘‘This chapter does not apply to—

27 ‘‘(1) a controlled carrier of a foreign country whose vessels are enti28 tled by a treaty of the United States to receive national or most-fa29 vored-nation treatment; or

30 ‘‘(2) a trade served only by controlled carriers.

31 ‘‘CHAPTER 409—OCEAN TRANSPORTATION

32 INTERMEDIARIES

‘‘Sec.

‘‘40901. License requirement.

‘‘40902. Financial responsibility.

‘‘40903. Suspension or revocation of license.

‘‘40904. Compensation by common carriers.

33 ‘‘§ 40901. License requirement

34 ‘‘(a) IN GENERAL.—A person in the United States may not act as an

35 ocean transportation intermediary unless the person holds an ocean trans36 portation intermediary’s license issued by the Federal Maritime Commis37 sion. The Commission shall issue a license to a person that the Commission
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1 determines to be qualified by experience and character to act as an ocean

2 transportation intermediary.

3 ‘‘(b) EXCEPTION.—A person whose primary business is the sale of mer4 chandise may forward shipments of the merchandise for its own account

5 without an ocean transportation intermediary’s license.

6 ‘‘§ 40902. Financial responsibility

7 ‘‘(a) IN GENERAL.—A person may not act as an ocean transportation

8 intermediary unless the person furnishes a bond, proof of insurance, or

9 other surety—

10 ‘‘(1) in a form and amount determined by the Federal Maritime

11 Commission to insure financial responsibility; and

12 ‘‘(2) issued by a surety company found acceptable by the Secretary

13 of the Treasury.

14 ‘‘(b) SCOPE OF FINANCIAL RESPONSIBILITY.—A bond, insurance, or

15 other surety obtained under this section—

16 ‘‘(1) shall be available to pay any penalty assessed under section

17 41109 of this title or any order for reparation issued under section

18 41305 of this title;

19 ‘‘(2) may be available to pay any claim against an ocean transpor20 tation intermediary arising from its transportation-related activities—

21 ‘‘(A) with the consent of the insured ocean transportation inter22 mediary and subject to review by the surety company; or

23 ‘‘(B) when the claim is deemed valid by the surety company

24 after the ocean transportation intermediary has failed to respond

25 to adequate notice to address the validity of the claim; and

26 ‘‘(3) shall be available to pay any judgment for damages against an

27 ocean transportation intermediary arising from its transportation-re28 lated activities, if the claimant has first attempted to resolve the claim

29 under paragraph (2) and the claim has not been resolved within a rea30 sonable period of time.

31 ‘‘(c) REGULATIONS ON COURT JUDGMENTS.—The Commission shall pre32 scribe regulations for the purpose of protecting the interests of claimants,

33 ocean transportation intermediaries, and surety companies with respect to

34 the process of pursuing claims against ocean transportation intermediary

35 bonds, insurance, or sureties through court judgments. The regulations shall

36 provide that a judgment for monetary damages may not be enforced except

37 to the extent that the damages claimed arise from the transportation-related

38 activities of the insured ocean transportation intermediary, as defined by the

39 Commission.

40 ‘‘(d) RESIDENT AGENT.—An ocean transportation intermediary not domi41 ciled in the United States shall designate a resident agent in the United
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1 States for receipt of service of judicial and administrative process, including

2 subpoenas.

3 ‘‘§ 40903. Suspension or revocation of license

4 ‘‘(a) FAILURE TO MAINTAIN QUALIFICATIONS OR TO COMPLY.—The

5 Federal Maritime Commission, after notice and opportunity for a hearing,

6 shall suspend or revoke an ocean transportation intermediary’s license if the

7 Commission finds that the ocean transportation intermediary—

8 ‘‘(1) is not qualified to provide intermediary services; or

9 ‘‘(2) willfully failed to comply with a provision of this part or with

10 an order or regulation of the Commission.

11 ‘‘(b) FAILURE TO MAINTAIN BOND, PROOF OF INSURANCE, OR OTHER

12 SURETY.—The Commission may revoke an ocean transportation

13 intermediary’s license for failure to maintain a bond, proof of insurance, or

14 other surety as required by section 40902(a) of this title.

15 ‘‘§ 40904. Compensation by common carriers

16 ‘‘(a) CERTIFICATION OF LICENSE AND SERVICES.—A common carrier

17 may compensate an ocean freight forwarder for a shipment dispatched for

18 others only when the ocean freight forwarder has certified in writing that

19 it holds an ocean transportation intermediary’s license (if required under

20 section 40901 of this title) and has—

21 ‘‘(1) engaged, booked, secured, reserved, or contracted directly with

22 the carrier or its agent for space aboard a vessel or confirmed the

23 availability of the space; and

24 ‘‘(2) prepared and processed the ocean bill of lading, dock receipt,

25 or other similar document for the shipment.

26 ‘‘(b) DUAL COMPENSATION.—A common carrier may not pay compensa27 tion for services described in subsection (a) more than once on the same

28 shipment.

29 ‘‘(c) BENEFICIAL INTEREST SHIPMENTS.—An ocean freight forwarder

30 may not receive compensation from a common carrier for a shipment in

31 which the ocean freight forwarder has a direct or indirect beneficial interest.

32 A common carrier may not knowingly pay compensation on that shipment.

33 ‘‘(d) LIMITS ON AUTHORITY OF CONFERENCE OR GROUP.—A conference

34 or group of two or more ocean common carriers in the foreign commerce

35 of the United States that is authorized to agree on the level of compensation

36 paid to an ocean freight forwarder may not—

37 ‘‘(1) deny a member of the conference or group the right, upon no38 tice of not more than 5 days, to take independent action on any level

39 of compensation paid to an ocean freight forwarder; or

40 ‘‘(2) agree to limit the payment of compensation to an ocean freight

41 forwarder to less than 1.25 percent of the aggregate of all rates and
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1 charges applicable under a tariff and assessed against the cargo on

2 which the services of the ocean freight forwarder are provided.

3 ‘‘CHAPTER 411—PROHIBITIONS AND PENALTIES

‘‘Sec.

‘‘41101. Joint ventures and consortiums.

‘‘41102. General prohibitions.

‘‘41103. Disclosure of information.

‘‘41104. Common carriers.

‘‘41105. Concerted action.

‘‘41106. Marine terminal operators.

‘‘41107. Monetary penalties.

‘‘41108. Additional penalties.

‘‘41109. Assessment of penalties.

4 ‘‘§ 41101. Joint ventures and consortiums

5 ‘‘In this chapter, a joint venture or consortium of two or more common

6 carriers operating as a single entity is deemed to be a single common car7 rier.

8 ‘‘§ 41102. General prohibitions

9 ‘‘(a) OBTAINING TRANSPORTATION AT LESS THAN APPLICABLE

10 RATES.—A person may not knowingly and willfully, directly or indirectly,

11 by means of false billing, false classification, false weighing, false report of

12 weight, false measurement, or any other unjust or unfair device or means,

13 obtain or attempt to obtain ocean transportation for property at less than

14 the rates or charges that would otherwise apply.

15 ‘‘(b) OPERATING CONTRARY TO AGREEMENT.—A person may not operate

16 under an agreement required to be filed under section 40302 or 40305 of

17 this title if—

18 ‘‘(1) the agreement has not become effective under section 40304 of

19 this title or has been rejected, disapproved, or canceled; or

20 ‘‘(2) the operation is not in accordance with the terms of the agree21 ment or any modifications to the agreement made by the Federal Mari22 time Commission.

23 ‘‘(c) PRACTICES IN HANDLING PROPERTY.—A common carrier, marine

24 terminal operator, or ocean transportation intermediary may not fail to es25 tablish, observe, and enforce just and reasonable regulations and practices

26 relating to or connected with receiving, handling, storing, or delivering prop27 erty.

28 ‘‘§ 41103. Disclosure of information

29 ‘‘(a) PROHIBITION.—A common carrier, marine terminal operator, or

30 ocean freight forwarder, either alone or in conjunction with any other per31 son, directly or indirectly, may not knowingly disclose, offer, solicit, or re32 ceive any information concerning the nature, kind, quantity, destination,

33 consignee, or routing of any property tendered or delivered to a common

34 carrier, without the consent of the shipper or consignee, if the

35 information—
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1 ‘‘(1) may be used to the detriment or prejudice of the shipper, the

2 consignee, or any common carrier; or

3 ‘‘(2) may improperly disclose its business transaction to a compet4 itor.

5 ‘‘(b) EXCEPTIONS.—Subsection (a) does not prevent providing the

6 information—

7 ‘‘(1) in response to legal process;

8 ‘‘(2) to the Federal Maritime Commission or an agency of the

9 United States Government; or

10 ‘‘(3) to an independent neutral body operating within the scope of

11 its authority to fulfill the policing obligations of the parties to an agree12 ment effective under this part.

13 ‘‘(c) DISCLOSURE FOR DETERMINING BREACH OR COMPILING STATIS14 TICS.—An ocean common carrier that is a party to a conference agreement

15 approved under this part, a receiver, trustee, lessee, agent, or employee of

16 the carrier, or any other person authorized by the carrier to receive

17 information—

18 ‘‘(1) may give information to the conference or any person or agency

19 designated by the conference, for the purpose of—

20 ‘‘(A) determining whether a shipper or consignee has breached

21 an agreement with the conference or its member lines;

22 ‘‘(B) determining whether a member of the conference has

23 breached the conference agreement; or

24 ‘‘(C) compiling statistics of cargo movement; and

25 ‘‘(2) may not prevent the conference or its designee from soliciting

26 or receiving information for any of those purposes.

27 ‘‘§ 41104. Common carriers

28 ‘‘A common carrier, either alone or in conjunction with any other person,

29 directly or indirectly, may not—

30 ‘‘(1) allow a person to obtain transportation for property at less than

31 the rates or charges established by the carrier in its tariff or service

32 contract by means of false billing, false classification, false weighing,

33 false measurement, or any other unjust or unfair device or means;

34 ‘‘(2) provide service in the liner trade that is—

35 ‘‘(A) not in accordance with the rates, charges, classifications,

36 rules, and practices contained in a tariff published or a service

37 contract entered into under chapter 405 of this title, unless ex38 cepted or exempted under section 40103 or 40501(a)(2) of this

39 title; or
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1 ‘‘(B) under a tariff or service contract that has been suspended

2 or prohibited by the Federal Maritime Commission under chapter

3 407 or 423 of this title;

4 ‘‘(3) retaliate against a shipper by refusing, or threatening to refuse,

5 cargo space accommodations when available, or resort to other unfair

6 or unjustly discriminatory methods because the shipper has patronized

7 another carrier, or has filed a complaint, or for any other reason;

8 ‘‘(4) for service pursuant to a tariff, engage in any unfair or unjustly

9 discriminatory practice in the matter of—

10 ‘‘(A) rates or charges;

11 ‘‘(B) cargo classifications;

12 ‘‘(C) cargo space accommodations or other facilities, with due

13 regard being given to the proper loading of the vessel and the

14 available tonnage;

15 ‘‘(D) loading and landing of freight; or

16 ‘‘(E) adjustment and settlement of claims;

17 ‘‘(5) for service pursuant to a service contract, engage in any unfair

18 or unjustly discriminatory practice in the matter of rates or charges

19 with respect to any port;

20 ‘‘(6) use a vessel in a particular trade for the purpose of excluding,

21 preventing, or reducing competition by driving another ocean common

22 carrier out of that trade;

23 ‘‘(7) offer or pay any deferred rebates;

24 ‘‘(8) for service pursuant to a tariff, give any undue or unreasonable

25 preference or advantage or impose any undue or unreasonable prejudice

26 or disadvantage;

27 ‘‘(9) for service pursuant to a service contract, give any undue or

28 unreasonable preference or advantage or impose any undue or unrea29 sonable prejudice or disadvantage with respect to any port;

30 ‘‘(10) unreasonably refuse to deal or negotiate;

31 ‘‘(11) knowingly and willfully accept cargo from or transport cargo

32 for the account of an ocean transportation intermediary that does not

33 have a tariff as required by section 40501 of this title and a bond, in34 surance, or other surety as required by section 40902 of this title; or

35 ‘‘(12) knowingly and willfully enter into a service contract with an

36 ocean transportation intermediary that does not have a tariff as re37 quired by section 40501 of this title and a bond, insurance, or other

38 surety as required by section 40902 of this title, or with an affiliate

39 of such an ocean transportation intermediary.

40 ‘‘§ 41105. Concerted action

41 ‘‘A conference or group of two or more common carriers may not—
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1 ‘‘(1) boycott or take any other concerted action resulting in an un2 reasonable refusal to deal;

3 ‘‘(2) engage in conduct that unreasonably restricts the use of inter4 modal services or technological innovations;

5 ‘‘(3) engage in any predatory practice designed to eliminate the par6 ticipation, or deny the entry, in a particular trade of a common carrier

7 not a member of the conference, a group of common carriers, an ocean

8 tramp, or a bulk carrier;

9 ‘‘(4) negotiate with a non-ocean carrier or group of non-ocean car10 riers (such as truck, rail, or air operators) on any matter relating to

11 rates or services provided to ocean common carriers within the United

12 States by those non-ocean carriers, unless the negotiations and any re13 sulting agreements are not in violation of the antitrust laws and are

14 consistent with the purposes of this part, except that this clause does

15 not prohibit the setting and publishing of a joint through rate by a con16 ference, joint venture, or association of ocean common carriers;

17 ‘‘(5) deny in the export foreign commerce of the United States com18 pensation to an ocean freight forwarder or limit that compensation to

19 less than a reasonable amount;

20 ‘‘(6) allocate shippers among specific carriers that are parties to the

21 agreement or prohibit a carrier that is a party to the agreement from

22 soliciting cargo from a particular shipper, except as—

23 ‘‘(A) authorized by section 40303(d) of this title;

24 ‘‘(B) required by the law of the United States or the importing

25 or exporting country; or

26 ‘‘(C) agreed to by a shipper in a service contract;

27 ‘‘(7) for service pursuant to a service contract, engage in any un28 justly discriminatory practice in the matter of rates or charges with re29 spect to any locality, port, or person due to the person’s status as a

30 shippers’ association or ocean transportation intermediary; or

31 ‘‘(8) for service pursuant to a service contract, give any undue or

32 unreasonable preference or advantage or impose any undue or unrea33 sonable prejudice or disadvantage with respect to any locality, port, or

34 person due to the person’s status as a shippers’ association or ocean

35 transportation intermediary.

36 ‘‘§ 41106. Marine terminal operators

37 ‘‘A marine terminal operator may not—

38 ‘‘(1) agree with another marine terminal operator or with a common

39 carrier to boycott, or unreasonably discriminate in the provision of ter40 minal services to, a common carrier or ocean tramp;
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1 ‘‘(2) give any undue or unreasonable preference or advantage or im2 pose any undue or unreasonable prejudice or disadvantage with respect

3 to any person; or

4 ‘‘(3) unreasonably refuse to deal or negotiate.

5 ‘‘§ 41107. Monetary penalties

6 ‘‘(a) IN GENERAL.—A person that violates this part or a regulation or

7 order of the Federal Maritime Commission issued under this part is liable

8 to the United States Government for a civil penalty. Unless otherwise pro9 vided in this part, the amount of the penalty may not exceed $5,000 for

10 each violation or, if the violation was willfully and knowingly committed,

11 $25,000 for each violation. Each day of a continuing violation is a separate

12 violation.

13 ‘‘(b) LIEN ON CARRIER’S VESSELS.—The amount of a civil penalty im14 posed on a common carrier under this section constitutes a lien on the ves15 sels operated by the carrier. Any such vessel is subject to an action in rem

16 to enforce the lien in the district court of the United States for the district

17 in which it is found.

18 ‘‘§ 41108. Additional penalties

19 ‘‘(a) SUSPENSION OF TARIFFS.—For a violation of section 41104(1), (2),

20 or (7) of this title, the Federal Maritime Commission may suspend any or

21 all tariffs of the common carrier, or that common carrier’s right to use any

22 or all tariffs of conferences of which it is a member, for a period not to

23 exceed 12 months.

24 ‘‘(b) OPERATING UNDER SUSPENDED TARIFF.—A common carrier that

25 accepts or handles cargo for carriage under a tariff that has been sus26 pended, or after its right to use that tariff has been suspended, is liable

27 to the United States Government for a civil penalty of not more than

28 $50,000 for each shipment.

29 ‘‘(c) FAILURE TO PROVIDE INFORMATION.—

30 ‘‘(1) PENALTIES.—If the Commission finds, after notice and oppor31 tunity for a hearing, that a common carrier has failed to supply infor32 mation ordered to be produced or compelled by subpoena under section

33 41303 of this title, the Commission may—

34 ‘‘(A) suspend any or all tariffs of the carrier or the carrier’s

35 right to use any or all tariffs of conferences of which it is a mem36 ber; and

37 ‘‘(B) request the Secretary of Homeland Security to refuse or

38 revoke any clearance required for a vessel operated by the carrier,

39 and when so requested, the Secretary shall refuse or revoke the

40 clearance.
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1 ‘‘(2) DEFENSE BASED ON FOREIGN LAW.—If, in defense of its fail2 ure to comply with a subpoena or discovery order, a common carrier

3 alleges that information or documents located in a foreign country can4 not be produced because of the laws of that country, the Commission

5 shall immediately notify the Secretary of State of the failure to comply

6 and of the allegation relating to foreign laws. On receiving the notifica7 tion, the Secretary of State shall promptly consult with the government

8 of the nation within which the information or documents are alleged

9 to be located for the purpose of assisting the Commission in obtaining

10 the information or documents.

11 ‘‘(d) IMPAIRING ACCESS TO FOREIGN TRADE.—If the Commission finds,

12 after notice and opportunity for a hearing, that the action of a common car13 rier, acting alone or in concert with another person, or a foreign government

14 has unduly impaired access of a vessel documented under the laws of the

15 United States to ocean trade between foreign ports, the Commission shall

16 take action that it finds appropriate, including imposing any of the penalties

17 authorized by this section. The Commission also may take any of the actions

18 authorized by sections 42304 and 42305 of this title.

19 ‘‘(e) SUBMISSION OF ORDER TO PRESIDENT.—Before an order under this

20 section becomes effective, it shall be submitted immediately to the President.

21 The President, within 10 days after receiving it, may disapprove it if the

22 President finds that disapproval is required for reasons of national defense

23 or foreign policy.

24 ‘‘§ 41109. Assessment of penalties

25 ‘‘(a) GENERAL AUTHORITY.—Until a matter is referred to the Attorney

26 General, the Federal Maritime Commission may, after notice and oppor27 tunity for a hearing, assess a civil penalty provided for in this part. The

28 Commission may compromise, modify, or remit, with or without conditions,

29 a civil penalty.

30 ‘‘(b) FACTORS IN DETERMINING AMOUNT.—In determining the amount

31 of a civil penalty, the Commission shall take into account the nature, cir32 cumstances, extent, and gravity of the violation committed and, with respect

33 to the violator, the degree of culpability, history of prior offenses, ability to

34 pay, and other matters justice may require.

35 ‘‘(c) EXCEPTION.—A civil penalty may not be imposed for conspiracy to

36 violate section 41102(a) or 41104(1) or (2) of this title or to defraud the

37 Commission by concealing such a violation.

38 ‘‘(d) PROHIBITED BASIS OF PENALTY.—The Commission or a court may

39 not order a person to pay the difference between the amount billed and

40 agreed upon in writing with a common carrier or its agent and the amount
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1 set forth in a tariff or service contract by that common carrier for the

2 transportation service provided.

3 ‘‘(e) TIME LIMIT.—A proceeding to assess a civil penalty under this sec4 tion must be commenced within 5 years after the date of the violation.

5 ‘‘(f) REVIEW OF CIVIL PENALTY.—A person against whom a civil penalty

6 is assessed under this section may obtain review under chapter 158 of title

7 28.

8 ‘‘(g) CIVIL ACTIONS TO COLLECT.—If a person does not pay an assess9 ment of a civil penalty after it has become final or after the appropriate

10 court has entered final judgment in favor of the Commission, the Attorney

11 General at the request of the Commission may seek to collect the amount

12 assessed in an appropriate district court of the United States. The court

13 shall enforce the order of the Commission unless it finds that the order was

14 not regularly made and duly issued.

15 ‘‘CHAPTER 413—ENFORCEMENT

‘‘Sec.

‘‘41301. Complaints.

‘‘41302. Investigations.

‘‘41303. Discovery and subpoenas.

‘‘41304. Hearings and orders.

‘‘41305. Award of reparations.

‘‘41306. Injunctive relief sought by complainants.

‘‘41307. Injunctive relief sought by the Commission.

‘‘41308. Enforcement of subpoenas and orders.

‘‘41309. Enforcement of reparation orders.

16 ‘‘§ 41301. Complaints

17 ‘‘(a) IN GENERAL.—A person may file with the Federal Maritime Com18 mission a sworn complaint alleging a violation of this part, except section

19 41307(b)(1). If the complaint is filed within 3 years after the claim accrues,

20 the complainant may seek reparations for an injury to the complainant

21 caused by the violation.

22 ‘‘(b) NOTICE AND RESPONSE.—The Commission shall provide a copy of

23 the complaint to the person named in the complaint. Within a reasonable

24 time specified by the Commission, the person shall satisfy the complaint or

25 answer it in writing.

26 ‘‘(c) IF COMPLAINT NOT SATISFIED.—If the complaint is not satisfied,

27 the Commission shall investigate the complaint in an appropriate manner

28 and make an appropriate order.

29 ‘‘§ 41302. Investigations

30 ‘‘(a) IN GENERAL.—The Federal Maritime Commission, on complaint or

31 its own motion, may investigate any conduct or agreement that the Commis32 sion believes may be in violation of this part. The Commission may by order

33 disapprove, cancel, or modify any agreement that operates in violation of

34 this part.
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1 ‘‘(b) EFFECTIVENESS OF AGREEMENT DURING INVESTIGATION.—Unless

2 an injunction is issued under section 41306 or 41307 of this title, an agree3 ment under investigation by the Commission remains in effect until the

4 Commission issues its order.

5 ‘‘(c) DATE FOR DECISION.—Within 10 days after the initiation of a pro6 ceeding under this section or section 41301 of this title, the Commission

7 shall set a date by which it will issue its final decision. The Commission

8 by order may extend the date for good cause.

9 ‘‘(d) SANCTIONS FOR DELAY.—If, within the period for final decision

10 under subsection (c), the Commission determines that it is unable to issue

11 a final decision because of undue delay caused by a party to the proceeding,

12 the Commission may impose sanctions, including issuing a decision adverse

13 to the delaying party.

14 ‘‘(e) REPORT.—The Commission shall make a written report of every in15 vestigation under this part in which a hearing was held, stating its conclu16 sions, decisions, findings of fact, and order. The Commission shall provide

17 a copy of the report to all parties and publish the report for public informa18 tion. A published report is competent evidence in a court of the United

19 States.

20 ‘‘§ 41303. Discovery and subpoenas

21 ‘‘(a) IN GENERAL.—In an investigation or adjudicatory proceeding under

22 this part—

23 ‘‘(1) the Federal Maritime Commission may subpoena witnesses and

24 evidence; and

25 ‘‘(2) a party may use depositions, written interrogatories, and dis26 covery procedures under regulations prescribed by the Commission

27 that, to the extent practicable, shall conform to the Federal Rules of

28 Civil Procedure (28 App. U.S.C.).

29 ‘‘(b) WITNESS FEES.—Unless otherwise prohibited by law, a witness is

30 entitled to the same fees and mileage as in the courts of the United States.

31 ‘‘§ 41304. Hearings and orders

32 ‘‘(a) OPPORTUNITY FOR HEARING.—The Federal Maritime Commission

33 shall provide an opportunity for a hearing before issuing an order relating

34 to a violation of this part or a regulation prescribed under this part.

35 ‘‘(b) MODIFICATION OF ORDER.—The Commission may reverse, suspend,

36 or modify any of its orders.

37 ‘‘(c) REHEARING.—On application of a party to a proceeding, the Com38 mission may grant a rehearing of the same or any matter determined in

39 the proceeding. Except by order of the Commission, a rehearing does not

40 operate as a stay of an order.
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1 ‘‘(d) PERIOD OF EFFECTIVENESS.—An order of the Commission remains

2 in effect for the period specified in the order or until suspended, modified,

3 or set aside by the Commission or a court of competent jurisdiction.

4 ‘‘§ 41305. Award of reparations

5 ‘‘(a) DEFINITION.—In this section, the term ‘actual injury’ includes the

6 loss of interest at commercial rates compounded from the date of injury.

7 ‘‘(b) BASIC AMOUNT.—If the complaint was filed within the period speci8 fied in section 41301(a) of this title, the Federal Maritime Commission shall

9 direct the payment of reparations to the complainant for actual injury

10 caused by a violation of this part, plus reasonable attorney fees.

11 ‘‘(c) ADDITIONAL AMOUNTS.—On a showing that the injury was caused

12 by an activity prohibited by section 41102(b), 41104(3) or (6), or 41105(1)

13 or (3) of this title, the Commission may order the payment of additional

14 amounts, but the total recovery of a complainant may not exceed twice the

15 amount of the actual injury.

16 ‘‘(d) DIFFERENCE BETWEEN RATES.—If the injury was caused by an ac17 tivity prohibited by section 41104(4)(A) or (B) of this title, the amount of

18 the injury shall be the difference between the rate paid by the injured ship19 per and the most favorable rate paid by another shipper.

20 ‘‘§ 41306. Injunctive relief sought by complainants

21 ‘‘(a) IN GENERAL.—After filing a complaint with the Federal Maritime

22 Commission under section 41301 of this title, the complainant may bring

23 a civil action in a district court of the United States to enjoin conduct in

24 violation of this part.

25 ‘‘(b) VENUE.—The action must be brought in the judicial district in

26 which—

27 ‘‘(1) the Commission has brought a civil action against the defendant

28 under section 41307(a) of this title; or

29 ‘‘(2) the defendant resides or transacts business, if the Commission

30 has not brought such an action.

31 ‘‘(c) REMEDIES BY COURT.—After notice to the defendant, and a showing

32 that the standards for granting injunctive relief by courts of equity are met,

33 the court may grant a temporary restraining order or preliminary injunction

34 for a period not to exceed 10 days after the Commission has issued an order

35 disposing of the complaint.

36 ‘‘(d) ATTORNEY FEES.—A defendant prevailing in a civil action under

37 this section shall be allowed reasonable attorney fees to be assessed and col38 lected as part of the costs of the action.

39 ‘‘§ 41307. Injunctive relief sought by the Commission

40 ‘‘(a) GENERAL VIOLATIONS.—In connection with an investigation under

41 section 41301 or 41302 of this title, the Federal Maritime Commission may
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1 bring a civil action to enjoin conduct in violation of this part. The action

2 must be brought in the district court of the United States for any judicial

3 district in which the defendant resides or transacts business. After notice

4 to the defendant, and a showing that the standards for granting injunctive

5 relief by courts of equity are met, the court may grant a temporary restrain6 ing order or preliminary injunction for a period not to exceed 10 days after

7 the Commission has issued an order disposing of the issues under investiga8 tion.

9 ‘‘(b) REDUCTION IN COMPETITION.—

10 ‘‘(1) ACTION BY COMMISSION.—If, at any time after the filing or ef11 fective date of an agreement under chapter 403 of this title, the Com12 mission determines that the agreement is likely, by a reduction in com13 petition, to produce an unreasonable reduction in transportation service

14 or an unreasonable increase in transportation cost, the Commission,

15 after notice to the person filing the agreement, may bring a civil action

16 in the United States District Court for the District of Columbia to en17 join the operation of the agreement. The Commission’s sole remedy

18 with respect to an agreement likely to have such an effect is an action

19 under this subsection.

20 ‘‘(2) REMEDIES BY COURT.—In an action under this subsection, the

21 court may issue—

22 ‘‘(A) a temporary restraining order or a preliminary injunction;

23 and

24 ‘‘(B) a permanent injunction after a showing that the agree25 ment is likely to have the effect described in paragraph (1).

26 ‘‘(3) BURDEN OF PROOF AND THIRD PARTIES.—In an action under

27 this subsection, the burden of proof is on the Commission. The court

28 may not allow a third party to intervene.

29 ‘‘(c) FAILURE TO PROVIDE INFORMATION.—If a person filing an agree30 ment, or an officer, director, partner, agent, or employee of the person, fails

31 substantially to comply with a request for the submission of additional infor32 mation or documents within the period provided in section 40304(c) of this

33 title, the Commission may bring a civil action in the United States District

34 Court for the District of Columbia. At the request of the Commission, the

35 Court—

36 ‘‘(1) may order compliance;

37 ‘‘(2) shall extend the period specified in section 40304(c)(2) of this

38 title until there has been substantial compliance; and

39 ‘‘(3) may grant other equitable relief that the court decides is appro40 priate.
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1 ‘‘(d) REPRESENTATION.—The Commission may represent itself in a pro2 ceeding under this section in—

3 ‘‘(1) a district court of the United States, on notice to the Attorney

4 General; and

5 ‘‘(2) a court of appeals of the United States, with the approval of

6 the Attorney General.

7 ‘‘§ 41308. Enforcement of subpoenas and orders

8 ‘‘(a) CIVIL ACTION.—If a person does not comply with a subpoena or

9 order of the Federal Maritime Commission, the Attorney General, at the re10 quest of the Commission, or an injured party, may seek enforcement in a

11 district court of the United States having jurisdiction over the parties. If,

12 after hearing, the court determines that the subpoena or order was regularly

13 made and duly issued, the court shall enforce the subpoena or order.

14 ‘‘(b) TIME LIMIT ON BRINGING ACTIONS.—An action under this section

15 to enforce an order of the Commission must be brought within 3 years after

16 the date the order was violated.

17 ‘‘§ 41309. Enforcement of reparation orders

18 ‘‘(a) CIVIL ACTION.—If a person does not comply with an order of the

19 Federal Maritime Commission for the payment of reparation, the person to

20 whom the award was made may seek enforcement of the order in a district

21 court of the United States having jurisdiction over the parties.

22 ‘‘(b) PARTIES AND SERVICE OF PROCESS.—All parties in whose favor the

23 Commission has made an award of reparation by a single order may be

24 joined as plaintiffs, and all other parties in the order may be joined as de25 fendants, in a single action in a judicial district in which any one plaintiff

26 could maintain an action against any one defendant. Service of process

27 against a defendant not found in that district may be made in a district

28 in which any office of that defendant is located or in which any port of call

29 on a regular route operated by that defendant is located. Judgment may

30 be entered for any plaintiff against the defendant liable to that plaintiff.

31 ‘‘(c) NATURE OF REVIEW.—In an action under this section, the findings

32 and order of the Commission are prima facie evidence of the facts stated

33 in the findings and order.

34 ‘‘(d) COSTS AND ATTORNEY FEES.—The plaintiff is not liable for costs

35 of the action or for costs of any subsequent stage of the proceedings unless

36 they accrue on the plaintiff’s appeal. A prevailing plaintiff shall be allowed

37 reasonable attorney fees to be assessed and collected as part of the costs

38 of the action.

39 ‘‘(e) TIME LIMIT ON BRINGING ACTIONS.—An action under this section

40 to enforce an order of the Commission must be brought within 3 years after

41 the date the order was violated.
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1 ‘‘PART B—ACTIONS TO ADDRESS FOREIGN PRACTICES

2 ‘‘CHAPTER 421—REGULATIONS AFFECTING SHIPPING IN

3 FOREIGN TRADE

‘‘Sec.

‘‘42101. Regulations of the Commission.

‘‘42102. Regulations of other agencies.

‘‘42103. No preference to Government-owned vessels.

‘‘42104. Information, witnesses, and evidence.

‘‘42105. Disclosure to public.

‘‘42106. Other actions to remedy unfavorable conditions.

‘‘42107. Refusal of clearance and entry.

‘‘42108. Penalty for operating under suspended tariff or service contract.

‘‘42109. Consultation with other agencies.

4 ‘‘§ 42101. Regulations of the Commission

5 ‘‘(a) UNFAVORABLE CONDITIONS.—To further the objectives and policy

6 set forth in section 50101 of this title, the Federal Maritime Commission

7 shall prescribe regulations affecting shipping in foreign trade, not in conflict

8 with law, to adjust or meet general or special conditions unfavorable to ship9 ping in foreign trade, whether in a particular trade or on a particular route

10 or in commerce generally, including intermodal movements, terminal oper11 ations, cargo solicitation, agency services, ocean transportation intermediary

12 services and operations, and other activities and services integral to trans13 portation systems, and which arise out of or result from laws or regulations

14 of a foreign country or competitive methods, pricing practices, or other

15 practices employed by owners, operators, agents, or masters of vessels of a

16 foreign country.

17 ‘‘(b) INITIATION OF REGULATION.—A regulation under subsection (a)

18 may be initiated by the Commission on its own motion or on the petition

19 of any person, including another component of the United States Govern20 ment.

21 ‘‘§ 42102. Regulations of other agencies

22 ‘‘(a) REQUEST TO AGENCY.—To further the objectives and policy set

23 forth in section 50101 of this title, the Federal Maritime Commission shall

24 request the head of a department, agency, or instrumentality of the United

25 States Government to suspend, modify, or annul any existing regulations,

26 or to make new regulations, affecting shipping in the foreign trade, except

27 regulations relating to the Public Health Service, the Consular Service, or

28 the inspection of vessels.

29 ‘‘(b) PRIOR REVIEW AND APPROVAL.—A department, agency, or instru30 mentality of the Government may not prescribe a regulation affecting ship31 ping in the foreign trade (except a regulation affecting the Public Health

32 Service, the Consular Service, or the inspection of vessels) until the regula33 tion has been submitted to the Commission for its approval and final action

34 has been taken by the Commission or the President.
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1 ‘‘(c) SUBMISSION TO PRESIDENT.—If the head of a department, agency,

2 or instrumentality of the Government refuses to comply with a request

3 under subsection (a) or objects to a decision of the Commission under sub4 section (b), the Commission or the head of the department, agency, or in5 strumentality may submit the facts to the President. The President may es6 tablish, suspend, modify, or annul the regulation.

7 ‘‘§ 42103. No preference to Government-owned vessels

8 ‘‘A regulation may not give a vessel owned by the United States Govern9 ment a preference over a vessel owned by citizens of the United States and

10 documented under the laws of the United States.

11 ‘‘§ 42104. Information, witnesses, and evidence

12 ‘‘(a) ORDER TO SUPPLY INFORMATION.—In carrying out section 42101

13 of this title, the Federal Maritime Commission may order any person (in14 cluding a common carrier, tramp operator, bulk operator, shipper, shippers’

15 association, ocean transportation intermediary, or marine terminal operator,

16 or an officer, receiver, trustee, lessee, agent, or employee thereof) to file

17 with the Commission a report, answers to questions, documentary material,

18 or other information the Commission considers necessary or appropriate.

19 The Commission may require the response to any such order to be made

20 under oath. The response shall be provided in the form and within the time

21 specified by the Commission.

22 ‘‘(b) SUBPOENAS AND DISCOVERY.—In carrying out section 42101 of this

23 title, the Commission may—

24 ‘‘(1) subpoena witnesses and evidence; and

25 ‘‘(2) authorize a party to use depositions, written interrogatories,

26 and discovery procedures that, to the extent practicable, conform to the

27 Federal Rules of Civil Procedure (28 App. U.S.C.).

28 ‘‘(c) WITNESS FEES.—Unless otherwise prohibited by law, and subject to

29 funds being appropriated, a witness in a proceeding under section 42101

30 of this title is entitled to the same fees and mileage as in the courts of the

31 United States.

32 ‘‘(d) PENALTIES.—For failure to supply information ordered to be pro33 duced or compelled by subpoena under this section, the Commission may—

34 ‘‘(1) after notice and opportunity for a hearing, suspend tariffs and

35 service contracts of a common carrier or the common carrier’s right to

36 use tariffs of conferences and service contracts of agreements of which

37 it is a member; or

38 ‘‘(2) assess a civil penalty of not more than $5,000 for each day that

39 the information is not provided.

40 ‘‘(e) ENFORCEMENT.—If a person does not comply with an order or sub41 poena of the Commission under this section, the Commission may seek en-
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1 forcement in a district court of the United States having jurisdiction over

2 the parties. If, after hearing, the court determines that the order or sub3 poena was regularly made and duly issued, the court shall enforce the order

4 or subpoena.

5 ‘‘§ 42105. Disclosure to public

6 ‘‘Notwithstanding any other provision of law, the Federal Maritime Com7 mission may refuse to disclose to the public a response or other information

8 submitted to it under this chapter.

9 ‘‘§ 42106. Other actions to remedy unfavorable conditions

10 ‘‘If the Federal Maritime Commission finds that conditions unfavorable

11 to shipping in foreign trade as described in section 42101 of this title exist,

12 the Commission may—

13 ‘‘(1) limit voyages to and from United States ports or the amount

14 or type of cargo carried;

15 ‘‘(2) suspend, in whole or in part, tariffs and service contracts for

16 carriage to or from United States ports, including a common carrier’s

17 right to use tariffs of conferences and service contracts of agreements

18 in United States trades of which it is a member for any period the

19 Commission specifies;

20 ‘‘(3) suspend, in whole or in part, an ocean common carrier’s right

21 to operate under any agreement filed with the Commission, including

22 any agreement authorizing preferential treatment at terminals, pref23 erential terminal leases, space chartering, or pooling of cargo or rev24 enue with other ocean common carriers;

25 ‘‘(4) impose a fee not to exceed $1,000,000 per voyage; or

26 ‘‘(5) take any other action the Commission finds necessary and ap27 propriate to adjust or meet any condition unfavorable to shipping in

28 the foreign trade of the United States.

29 ‘‘§ 42107. Refusal of clearance and entry

30 ‘‘At the request of the Federal Maritime Commission—

31 ‘‘(1) the Secretary of Homeland Security shall—

32 ‘‘(A) refuse the clearance required by section 60105 of this title

33 to a vessel of a country that is named in a regulation prescribed

34 by the Commission under section 42101 of this title; and

35 ‘‘(B) collect any fees imposed by the Commission under section

36 42106(4) of this title; and

37 ‘‘(2) the Secretary of the department in which the Coast Guard is

38 operating shall—

39 ‘‘(A) deny entry, for purposes of oceanborne trade, of a vessel

40 of a country that is named in a regulation prescribed by the Com-
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1 mission under section 42101 of this title, to a port or place in the

2 United States or the navigable waters of the United States; or

3 ‘‘(B) detain the vessel at the port or place in the United States

4 from which it is about to depart for another port or place in the

5 United States.

6 ‘‘§ 42108. Penalty for operating under suspended tariff or

7 service contract

8 ‘‘A common carrier that accepts or handles cargo for carriage under a

9 tariff or service contract that has been suspended under section 42104(d)(1)

10 or 42106(2) of this title, or after its right to use another tariff or service

11 contract has been suspended under those provisions, is liable to the United

12 States Government for a civil penalty of not more than $50,000 for each

13 day that it is found to be operating under a suspended tariff or service con14 tract.

15 ‘‘§ 42109. Consultation with other agencies

16 ‘‘The Federal Maritime Commission may consult with, seek the coopera17 tion of, or make recommendations to other appropriate agencies of the

18 United States Government prior to taking any action under this chapter.

19 ‘‘CHAPTER 423—FOREIGN SHIPPING PRACTICES

‘‘Sec.

‘‘42301. Definitions.

‘‘42302. Investigations.

‘‘42303. Information requests.

‘‘42304. Action against foreign carriers.

‘‘42305. Refusal of clearance and entry.

‘‘42306. Submission of determinations to President.

‘‘42307. Review of regulations and orders.

20 ‘‘§ 42301. Definitions

21 ‘‘(a) DEFINED IN PART A.—In this chapter, the terms ‘common carrier’,

22 ‘marine terminal operator’, ‘ocean common carrier’, ‘ocean transportation

23 intermediary’, ‘shipper’, and ‘shippers’ association’ have the meaning given

24 those terms in section 40102 of this title.

25 ‘‘(b) OTHER DEFINITIONS.—In this chapter:

26 ‘‘(1) FOREIGN CARRIER.—The term ‘foreign carrier’ means an ocean

27 common carrier a majority of whose vessels are documented under the

28 laws of a foreign country.

29 ‘‘(2) MARITIME SERVICES.—The term ‘maritime services’ means

30 port-to-port transportation of cargo by vessels operated by an ocean

31 common carrier.

32 ‘‘(3) MARITIME-RELATED SERVICES.—The term ‘maritime-related

33 services’ means intermodal operations, terminal operations, cargo solici34 tation, agency services, ocean transportation intermediary services and

35 operations, and all other activities and services integral to total trans-
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1 portation systems of ocean common carriers and their foreign domiciled

2 affiliates for themselves and others.

3 ‘‘(4) UNITED STATES CARRIER.—The term ‘United States carrier’

4 means an ocean common carrier operating vessels documented under

5 the laws of the United States.

6 ‘‘(5) UNITED STATES OCEANBORNE TRADE.—The term ‘United

7 States oceanborne trade’ means the carriage of cargo between the

8 United States and a foreign country, whether directly or indirectly, by

9 an ocean common carrier.

10 ‘‘§ 42302. Investigations

11 ‘‘(a) IN GENERAL.—The Federal Maritime Commission shall investigate

12 whether any laws, rules, regulations, policies, or practices of a foreign gov13 ernment, or any practices of a foreign carrier or other person providing

14 maritime or maritime-related services in a foreign country, result in the ex15 istence of conditions that—

16 ‘‘(1) adversely affect the operations of United States carriers in

17 United States oceanborne trade; and

18 ‘‘(2) do not exist for foreign carriers of that country in the United

19 States under the laws of the United States or as a result of acts of

20 United States carriers or other persons providing maritime or mari21 time-related services in the United States.

22 ‘‘(b) INITIATION OF INVESTIGATION.—An investigation under subsection

23 (a) may be initiated by the Commission on its own motion or on the petition

24 of any person, including another component of the United States Govern25 ment.

26 ‘‘(c) TIME FOR DECISION.—The Commission shall complete an investiga27 tion under this section and render a decision within 120 days after it is ini28 tiated. However, the Commission may extend this 120-day period for an ad29 ditional 90 days if the Commission is unable to obtain sufficient information

30 to determine whether a condition specified in subsection (a) exists. A notice

31 providing an extension shall state clearly the reasons for the extension.

32 ‘‘§ 42303. Information requests

33 ‘‘(a) IN GENERAL.—To further the purposes of section 42302(a) of this

34 title, the Federal Maritime Commission may order any person (including a

35 common carrier, shipper, shippers’ association, ocean transportation inter36 mediary, or marine terminal operator, or an officer, receiver, trustee, lessee,

37 agent or employee thereof) to file with the Commission any periodic or spe38 cial report, answers to questions, documentary material, or other informa39 tion the Commission considers necessary or appropriate. The Commission

40 may require the response to any such order to be made under oath. The
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1 response shall be provided in the form and within the time specified by the

2 Commission.

3 ‘‘(b) SUBPOENAS.—In an investigation under section 42302 of this title,

4 the Commission may subpoena witnesses and evidence.

5 ‘‘(c) NONDISCLOSURE.—Notwithstanding any other provision of law, the

6 Commission may determine that any information submitted to it in response

7 to a request under this section, or otherwise, shall not be disclosed to the

8 public.

9 ‘‘§ 42304. Action against foreign carriers

10 ‘‘(a) IN GENERAL.—Subject to section 42306 of this title, whenever the

11 Federal Maritime Commission, after notice and opportunity for comment or

12 hearing, determines that the conditions specified in section 42302(a) of this

13 title exist, the Commission shall take such action to offset those conditions

14 as it considers necessary and appropriate against any foreign carrier that

15 is a contributing cause, or whose government is a contributing cause, to

16 those conditions. The action may include—

17 ‘‘(1) limitations on voyages to and from United States ports or on

18 the amount or type of cargo carried;

19 ‘‘(2) suspension, in whole or in part, of any or all tariffs and service

20 contracts, including an ocean common carrier’s right to use any or all

21 tariffs and service contracts of conferences in United States trades of

22 which it is a member for any period the Commission specifies;

23 ‘‘(3) suspension, in whole or in part, of an ocean common carrier’s

24 right to operate under any agreement filed with the Commission, in25 cluding any agreement authorizing preferential treatment at terminals,

26 preferential terminal leases, space chartering, or pooling of cargo or

27 revenue with other ocean common carriers; and

28 ‘‘(4) a fee not to exceed $1,000,000 per voyage.

29 ‘‘(b) CONSULTATION.—The Commission may consult with, seek the co30 operation of, or make recommendations to other appropriate agencies of the

31 United States Government prior to taking any action under subsection (a).

32 ‘‘§ 42305. Refusal of clearance and entry

33 ‘‘Subject to section 42306 of this title, whenever the Federal Maritime

34 Commission determines that the conditions specified in section 42302(a) of

35 this title exist, then at the request of the Commission—

36 ‘‘(1) the Secretary of Homeland Security shall refuse the clearance

37 required by section 60105 of this title to a vessel of a foreign carrier

38 that is identified by the Commission under section 42304 of this title;

39 and

40 ‘‘(2) the Secretary of the department in which the Coast Guard is

41 operating shall—
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1 ‘‘(A) deny entry, for purposes of oceanborne trade, of a vessel

2 of a foreign carrier that is identified by the Commission under sec3 tion 42304 of this title, to a port or place in the United States

4 or the navigable waters of the United States; or

5 ‘‘(B) detain the vessel at the port or place in the United States

6 from which it is about to depart for another port or place in the

7 United States.

8 ‘‘§ 42306. Submission of determinations to President

9 ‘‘Before a determination under section 42304 of this title becomes effec10 tive or a request is made under section 42305 of this title, the determina11 tion shall be submitted immediately to the President. The President, within

12 10 days after receiving it, may disapprove it in writing, setting forth the

13 reasons for the disapproval, if the President finds that disapproval is re14 quired for reasons of national defense or foreign policy.

15 ‘‘§ 42307. Review of regulations and orders

16 ‘‘A regulation or final order of the Federal Maritime Commission under

17 this chapter is reviewable exclusively in the same forum and in the same

18 manner as provided in section 2342(3)(B) of title 28.

19 ‘‘PART C—MISCELLANEOUS

20 ‘‘CHAPTER 441—EVIDENCE OF FINANCIAL

21 RESPONSIBILITY FOR PASSENGER TRANSPORTATION

‘‘Sec.

‘‘44101. Application.

‘‘44102. Financial responsibility to indemnify passengers for nonperformance of transportation.

‘‘44103. Financial responsibility to pay liability for death or injury.

‘‘44104. Civil penalty.

‘‘44105. Refusal of clearance.

‘‘44106. Conduct of proceedings.

22 ‘‘§ 44101. Application

23 ‘‘This chapter applies to a vessel that—

24 ‘‘(1) has berth or stateroom accommodations for at least 50 pas25 sengers; and

26 ‘‘(2) boards passengers at a port in the United States.

27 ‘‘§ 44102. Financial responsibility to indemnify passengers

28 for nonperformance of transportation

29 ‘‘(a) FILING REQUIREMENT.—A person in the United States may not ar30 range, offer, advertise, or provide transportation on a vessel to which this

31 chapter applies unless the person has filed with the Federal Maritime Com32 mission evidence of financial responsibility to indemnify passengers for non33 performance of the transportation.

34 ‘‘(b) SATISFACTORY EVIDENCE.—To satisfy subsection (a), a person must

35 file—

36 ‘‘(1) information the Commission considers necessary; or
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1 ‘‘(2) a copy of a bond or other security, in such form as the Commis2 sion by regulation may require.

3 ‘‘(c) AUTHORIZED ISSUER OF BOND.—If a bond is filed, it must be

4 issued by a bonding company authorized to do business in the United

5 States.

6 ‘‘§ 44103. Financial responsibility to pay liability for death

7 or injury

8 ‘‘(a) GENERAL REQUIREMENT.—The owner or charterer of a vessel to

9 which this chapter applies shall establish, under regulations prescribed by

10 the Federal Maritime Commission, financial responsibility to meet liability

11 for death or injury to passengers or other individuals on a voyage to or from

12 a port in the United States.

13 ‘‘(b) AMOUNTS.—

14 ‘‘(1) IN GENERAL.—The amount of financial responsibility required

15 under subsection (a) shall be based on the number of passenger accom16 modations as follows:

17 ‘‘(A) $20,000 for each of the first 500 passenger accommoda18 tions.

19 ‘‘(B) $15,000 for each additional passenger accommodation be20 tween 501 and 1,000.

21 ‘‘(C) $10,000 for each additional passenger accommodation be22 tween 1,001 and 1,500.

23 ‘‘(D) $5,000 for each additional passenger accommodation over

24 1,500.

25 ‘‘(2) MULTIPLE VESSELS.—If the owner or charterer is operating

26 more than one vessel subject to this chapter, the amount of financial

27 responsibility shall be based on the number of passenger accommoda28 tions on the vessel with the largest number of passenger accommoda29 tions.

30 ‘‘(c) AVAILABILITY TO PAY JUDGMENT.—The amount determined under

31 subsection (b) shall be available to pay a judgment for damages (whether

32 less than or more than $20,000) for death or injury to a passenger or other

33 individual on a voyage to or from a port in the United States.

34 ‘‘(d) MEANS OF ESTABLISHING.—Financial responsibility under this sec35 tion may be established by one or more of the following if acceptable to the

36 Commission:

37 ‘‘(1) Insurance.

38 ‘‘(2) Surety bond issued by a bonding company authorized to do

39 business in the United States.

40 ‘‘(3) Qualification as a self-insurer.

41 ‘‘(4) Other evidence of financial responsibility.
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1 ‘‘§ 44104. Civil penalty

2 ‘‘A person that violates section 44102 or 44103 of this title is liable to

3 the United States Government for a civil penalty of not more than $5,000,

4 plus $200 for each passage sold, to be assessed by the Federal Maritime

5 Commission. The Commission may remit or mitigate the penalty on terms

6 the Commission considers proper.

7 ‘‘§ 44105. Refusal of clearance

8 ‘‘The Secretary of Homeland Security shall refuse the clearance required

9 by section 60105 of this title, at the port or place of departure from the

10 United States, of a vessel that is subject to this chapter and does not have

11 evidence issued by the Federal Maritime Commission of compliance with

12 sections 44102 and 44103 of this title.

13 ‘‘§ 44106. Conduct of proceedings

14 ‘‘Part A of this subtitle applies to proceedings conducted by the Federal

15 Maritime Commission under this chapter.’’.

16 SEC. 7. SUBTITLE V OF TITLE 46.

17 (a) SUBTITLE ANALYSIS.—The analysis of subtitle V of title 46, United

18 States Code, is amended to read as follows:

19 ‘‘PART A—GENERAL

‘‘Chapter Sec.

‘‘501. Policy, Studies, and Reports ................................................................. 50101

‘‘503. Administrative ........................................................................................... 50301

‘‘505. Other General Provisions ...................................................................... 50501

20 ‘‘PART B—MERCHANT MARINE SERVICE

‘‘511. General .......................................................................................................... 51101

‘‘513. United States Merchant Marine Academy ...................................... 51301

‘‘515. State Maritime Academy Support Program ................................... 51501

‘‘517. Other Support for Merchant Marine Training .............................. 51701

‘‘519. Merchant Marine Awards ...................................................................... 51901

‘‘521. Miscellaneous ............................................................................................. 52101

21 ‘‘PART C—FINANCIAL ASSISTANCE PROGRAMS

‘‘531. Maritime Security Fleet ......................................................................... 53101

‘‘533. Construction Reserve Funds ................................................................ 53301

‘‘535. Capital Construction Funds ................................................................. 53501

‘‘537. Loans and Guarantees ............................................................................ 53701

‘‘539. War Risk Insurance .................................................................................. 53901

22 ‘‘PART D—PROMOTIONAL PROGRAMS

‘‘551. Coastwise Trade ........................................................................................ 55101

‘‘553. Passenger and Cargo Preferences ...................................................... 55301

‘‘555. Miscellaneous ............................................................................................. 55501

23 ‘‘PART E—CONTROL OF MERCHANT MARINE CAPABILITIES

‘‘561. Restrictions on Transfers ...................................................................... 56101

‘‘563. Emergency Acquisition of Vessels ...................................................... 56301

‘‘565. Essential Vessels Affected by Neutrality Act ................................. 56501

24 ‘‘PART F—GOVERNMENT-OWNED MERCHANT VESSELS

‘‘571. General Authority ..................................................................................... 57101

‘‘573. Vessel Trade-In Program ....................................................................... 57301

‘‘575. Construction, Charter, and Sale of Vessels .................................... 57501
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1 ‘‘PART G—RESTRICTIONS AND PENALTIES

‘‘581. Restrictions and Penalties .................................................................... 58101’’.

2 (b) CHAPTERS PRECEDING CHAPTER 531.—Subtitle V of title 46, United

3 States Code, is amended by inserting after the subtitle analysis the fol4 lowing:

5 ‘‘PART A—GENERAL

6 ‘‘CHAPTER 501—POLICY, STUDIES, AND REPORTS

‘‘Sec.

‘‘50101. Objectives and policy.

‘‘50102. Survey of merchant marine.

‘‘50103. Determinations of essential services.

‘‘50104. Studies of general maritime problems.

‘‘50105. Studies and cooperation relating to the construction of vessels.

‘‘50106. Studies on the operation of vessels.

‘‘50107. Studies on marine insurance.

‘‘50108. Studies on cargo carriage and cargo containers.

‘‘50109. Miscellaneous studies.

‘‘50110. Securing preference to vessels of the United States.

‘‘50111. Reports to Congress.

‘‘50112. National Maritime Enhancement Institutes.

‘‘50113. Use and performance reports by operators of vessels.

7 ‘‘§ 50101. Objectives and policy

8 ‘‘(a) OBJECTIVES.—It is necessary for the national defense and the devel9 opment of the domestic and foreign commerce of the United States that the

10 United States have a merchant marine—

11 ‘‘(1) sufficient to carry the waterborne domestic commerce and a

12 substantial part of the waterborne export and import foreign commerce

13 of the United States and to provide shipping service essential for main14 taining the flow of the waterborne domestic and foreign commerce at

15 all times;

16 ‘‘(2) capable of serving as a naval and military auxiliary in time of

17 war or national emergency;

18 ‘‘(3) owned and operated under United States flag by citizens of the

19 United States insofar as practicable;

20 ‘‘(4) composed of the best-equipped, safest, and most suitable types

21 of vessels, built in the United States and manned with a trained and

22 efficient citizen personnel; and

23 ‘‘(5) supplemented by efficient facilities for building and repairing

24 vessels.

25 ‘‘(b) POLICY.—It is the policy of the United States Government to en26 courage and aid the development and maintenance of a merchant marine

27 satisfying the objectives described in subsection (a).

28 ‘‘§ 50102. Survey of merchant marine

29 ‘‘(a) IN GENERAL.—The Secretary of Transportation shall survey the

30 merchant marine of the United States to determine whether replacements

31 and additions are required to carry out the objectives and policy of section
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1 50101 of this title. The Secretary shall study, perfect, and adopt a long2 range program for replacements and additions that will result, as soon as

3 practicable, in—

4 ‘‘(1) an adequate and well-balanced merchant fleet, including vessels

5 of all types, that will provide shipping service essential for maintaining

6 the flow of foreign commerce by vessels designed to be readily and

7 quickly convertible into transport and supply vessels in a time of na8 tional emergency;

9 ‘‘(2) ownership and operation of the fleet by citizens of the United

10 States insofar as practicable;

11 ‘‘(3) vessels designed to afford the best and most complete protection

12 for passengers and crew against fire and all marine perils; and

13 ‘‘(4) an efficient capacity for building and repairing vessels in the

14 United States with an adequate number of skilled personnel to provide

15 an adequate mobilization base.

16 ‘‘(b) COOPERATION WITH SECRETARY OF NAVY.—In carrying out sub17 section (a)(1), the Secretary of Transportation shall cooperate closely with

18 the Secretary of the Navy as to national defense requirements.

19 ‘‘§ 50103. Determinations of essential services

20 ‘‘(a) ESSENTIAL SERVICES, ROUTES, AND LINES.—

21 ‘‘(1) IN GENERAL.—The Secretary of Transportation shall inves22 tigate, determine, and keep current records of the ocean services,

23 routes, and lines from ports in the United States, or in the territories

24 and possessions of the United States, to foreign markets, which the

25 Secretary determines to be essential for the promotion, development,

26 expansion, and maintenance of the foreign commerce of the United

27 States. In making such a determination, the Secretary shall consider

28 and give due weight to—

29 ‘‘(A) the cost of maintaining each line;

30 ‘‘(B) the probability that a line cannot be maintained except at

31 a heavy loss disproportionate to the benefit to foreign trade;

32 ‘‘(C) the number of voyages and types of vessels that should be

33 employed in a line;

34 ‘‘(D) the intangible benefit of maintaining a line to the foreign

35 commerce of the United States, the national defense, and other

36 national requirements; and

37 ‘‘(E) any other facts and conditions a prudent business person

38 would consider when dealing with the person’s own business.

39 ‘‘(2) SAINT LAWRENCE SEAWAY.—For purposes of paragraph (1),

40 the Secretary shall establish services, routes, and lines that reflect the

41 seasonal closing of the Saint Lawrence Seaway and provide for alter-
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1 nate routing of vessels through a different range of ports during that

2 closing to maintain continuity of service on a year-round basis.

3 ‘‘(b) BULK CARGO CARRYING SERVICES.—The Secretary shall inves4 tigate, determine, and keep current records of the bulk cargo carrying serv5 ices that should be provided by United States-flag vessels (whether or not

6 operating on particular services, routes, or lines) for the promotion, develop7 ment, expansion, and maintenance of the foreign commerce of the United

8 States and the national defense or other national requirements.

9 ‘‘(c) TYPES OF VESSELS.—The Secretary shall investigate, determine,

10 and keep current records of the type, size, speed, method of propulsion, and

11 other requirements of the vessels, including express-liner or super-liner ves12 sels, that should be employed in—

13 ‘‘(1) the services, routes, or lines described in subsection (a), and the

14 frequency and regularity of the voyages of the vessels, with a view to

15 furnishing adequate, regular, certain, and permanent service; and

16 ‘‘(2) the bulk cargo carrying services described in subsection (b).

17 ‘‘§ 50104. Studies of general maritime problems

18 ‘‘The Secretary of Transportation shall study all maritime problems aris19 ing in carrying out the policy in section 50101 of this title.

20 ‘‘§ 50105. Studies and cooperation relating to the construc21 tion of vessels

22 ‘‘(a) RELATIVE COSTS AND NEW DESIGNS.—The Secretary of Transpor23 tation shall investigate, determine, and keep current records of—

24 ‘‘(1) the relative cost of construction of comparable vessels in the

25 United States and in foreign countries; and

26 ‘‘(2) new designs, new methods of construction, and new types of

27 equipment for vessels.

28 ‘‘(b) RULES, CLASSIFICATIONS, AND RATINGS.—The Secretary shall ex29 amine the rules under which vessels are constructed abroad and in the

30 United States and the methods of classifying and rating the vessels.

31 ‘‘(c) COLLABORATION WITH OWNERS AND BUILDERS.—The Secretary

32 shall collaborate with vessel owners and shipbuilders in developing plans for

33 the economical construction of vessels and their propelling machinery, of

34 most modern economical types, giving thorough consideration to all well-rec35 ognized means of propulsion and taking into account the benefits from

36 standardized production where practicable and desirable.

37 ‘‘(d) EXPRESS-LINER AND SUPER-LINER VESSELS.—The Secretary shall

38 study and cooperate with vessel owners in devising means by which there

39 may be constructed, by or with the aid of the United States Government,

40 express-liner or super-liner vessels comparable to those of other nations, es-
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1 pecially with a view to their use in a national emergency, and the use of

2 transoceanic aircraft service in connection with or in lieu of those vessels.

3 ‘‘§ 50106. Studies on the operation of vessels

4 ‘‘(a) RELATIVE COSTS.—The Secretary of Transportation shall inves5 tigate, determine, and keep current records of the relative cost of marine

6 insurance, maintenance, repairs, wages and subsistence of officers and

7 crews, and all other items of expense, in the operation of comparable vessels

8 under the laws and regulations of the United States and those of the foreign

9 countries whose vessels are substantial competitors of American vessels.

10 ‘‘(b) SHIPYARDS.—The Secretary shall investigate, determine, and keep

11 current records of the number, location, and efficiency of shipyards in the

12 United States.

13 ‘‘(c) NAVIGATION LAWS.—The Secretary shall examine the navigation

14 laws and regulations of the United States and make such recommendations

15 to Congress as the Secretary considers proper for the amendment, improve16 ment, and revision of those laws and for the development of the merchant

17 marine of the United States.

18 ‘‘§ 50107. Studies on marine insurance

19 ‘‘The Secretary of Transportation shall—

20 ‘‘(1) examine into the subject of marine insurance, the number of

21 companies in the United States, domestic and foreign, engaging in ma22 rine insurance, the extent of the insurance on hulls and cargoes placed

23 or written in the United States, and the extent of reinsurance of Amer24 ican maritime risks in foreign companies; and

25 ‘‘(2) ascertain what steps may be necessary to develop an ample ma26 rine insurance system as an aid in the development of the merchant

27 marine of the United States.

28 ‘‘§ 50108. Studies on cargo carriage and cargo containers

29 ‘‘(a) STUDIES.—The Secretary of Transportation shall study—

30 ‘‘(1) the methods of encouraging the development and implementa31 tion of new concepts for the carriage of cargo in the domestic and for32 eign commerce of the United States; and

33 ‘‘(2) the economic and technological aspects of the use of cargo con34 tainers as a method of carrying out the policy in section 50101 of this

35 title.

36 ‘‘(b) RESTRICTION.—In carrying out subsection (a) and the policy in sec37 tion 50101 of this title, the United States Government may not give pref38 erence as between carriers based on the length, height, or width of cargo

39 containers or the length, height, or width of cargo container cells. This re40 striction applies to all existing container vessels and any container vessel to

41 be constructed or rebuilt.
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1 ‘‘§ 50109. Miscellaneous studies

2 ‘‘(a) FOREIGN SUBSIDIES.—The Secretary of Transportation shall inves3 tigate, determine, and keep current records of the extent and character of

4 the governmental aid and subsidies granted by foreign governments to their

5 merchant marine.

6 ‘‘(b) LAWS APPLICABLE TO AIRCRAFT.—The Secretary shall investigate,

7 determine, and keep current records of the provisions of law relating to

8 shipping that should be made applicable to aircraft engaged in foreign com9 merce to further the policy in section 50101 of this title, and any appro10 priate legislation in this regard.

11 ‘‘(c) AID FOR COTTON, COAL, LUMBER, AND CEMENT.—The Secretary

12 shall investigate, determine, and keep current records of the advisability of

13 enactment of suitable legislation authorizing the Secretary, in an economic

14 or commercial emergency, to aid farmers and producers of cotton, coal, lum15 ber, and cement in any section of the United States in the transportation

16 and landing of their products in any foreign port, which products can be

17 carried in dry-cargo vessels by reducing rates, by supplying additional ton18 nage to any American operator, or by operation of vessels directly by the

19 Secretary, until the Secretary considers the special rate reduction and oper20 ation unnecessary for the benefit of those farmers and producers.

21 ‘‘(d) INTERCOASTAL AND INLAND WATER TRANSPORTATION.—The Sec22 retary shall investigate, determine, and keep current records of intercoastal

23 and inland water transportation, including their relation to transportation

24 by land and air.

25 ‘‘(e) OBSOLETE TONNAGE AND TRAMP SERVICE.—The Secretary shall

26 make studies and reports to Congress on—

27 ‘‘(1) the scrapping or removal from service of old or obsolete mer28 chant tonnage owned by the United States Government or in use in

29 the merchant marine; and

30 ‘‘(2) tramp shipping service and the advisability of citizens of the

31 United States participating in that service with vessels under United

32 States registry.

33 ‘‘(f) MORTGAGE LOANS.—The Secretary shall investigate the legal status

34 of mortgage loans on vessel property, with a view to the means of improving

35 the security of those loans and of encouraging investment in American ship36 ping.

37 ‘‘§ 50110. Securing preference to vessels of the United States

38 ‘‘(a) POSSIBILITIES OF PROMOTING CARRIAGE.—The Secretary of Trans39 portation shall investigate, determine, and keep current records of the possi40 bilities of promoting the carriage of United States foreign trade in vessels

41 of the United States.
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1 ‘‘(b) INDUCEMENTS TO IMPORTERS AND EXPORTERS.—The Secretary

2 shall study and cooperate with vessel owners in devising means by which

3 the importers and exporters of the United States can be induced to give

4 preference to vessels of the United States.

5 ‘‘(c) LIAISON WITH AGENCIES AND ORGANIZATIONS.—The Secretary

6 shall establish and maintain liaison with such other agencies of the United

7 States Government, and with such representative trade organizations

8 throughout the United States, as may be concerned, directly or indirectly,

9 with any movement of commodities in the waterborne export and import for10 eign commerce of the United States, for the purpose of securing preference

11 to vessels of the United States in the shipment of those commodities.

12 ‘‘§ 50111. Reports to Congress

13 ‘‘(a) IN GENERAL.—Not later than April 1 of each year, the Secretary

14 of Transportation shall submit a report to Congress. The report shall in15 clude, with respect to activities of the Secretary under this subtitle, the re16 sults of investigations, a summary of transactions, a statement of all ex17 penditures and receipts, the purposes for which all expenditures were made,

18 and any recommendations for legislation.

19 ‘‘(b) ADMINISTERED AND OVERSIGHT FUNDS.—The Secretary, in the re20 port under subsection (a) and in the annual budget estimate for the Mari21 time Administration submitted to Congress, shall state separately the

22 amount, source, intended use, and nature of any funds (other than funds

23 appropriated to the Administration or to the Secretary of Transportation

24 for use by the Administration) administered, or subject to oversight, by the

25 Administration.

26 ‘‘(c) ADDITIONAL RECOMMENDATIONS FOR LEGISLATION.—The Sec27 retary, from time to time, shall make recommendations to Congress for leg28 islation the Secretary considers necessary to better achieve the objectives

29 and policy of section 50101 of this title.

30 ‘‘§ 50112. National Maritime Enhancement Institutes

31 ‘‘(a) DESIGNATION.—The Secretary of Transportation may designate Na32 tional Maritime Enhancement Institutes.

33 ‘‘(b) ACTIVITIES.—Activities undertaken by an institute may include—

34 ‘‘(1) conducting research about methods to improve the performance

35 of maritime industries;

36 ‘‘(2) enhancing the competitiveness of domestic maritime industries

37 in international trade;

38 ‘‘(3) forecasting trends in maritime trade;

39 ‘‘(4) assessing technological advancements;

40 ‘‘(5) developing management initiatives and training;
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1 ‘‘(6) analyzing economic and operational impacts of regulatory poli2 cies and international negotiations or agreements pending before inter3 national bodies;

4 ‘‘(7) assessing the compatibility of domestic maritime infrastructure

5 systems with overseas transport systems;

6 ‘‘(8) fostering innovations in maritime transportation pricing; and

7 ‘‘(9) improving maritime economics and finance.

8 ‘‘(c) APPLICATION FOR DESIGNATION.—An institution seeking designa9 tion as a National Maritime Enhancement Institute shall submit an applica10 tion under regulations prescribed by the Secretary.

11 ‘‘(d) CRITERIA FOR DESIGNATION.—The Secretary shall designate an in12 stitute under this section on the basis of the following criteria:

13 ‘‘(1) The demonstrated research and extension resources available to

14 the applicant for carrying out the activities specified in subsection (b).

15 ‘‘(2) The ability of the applicant to provide leadership in making na16 tional and regional contributions to the solution of both long-range and

17 immediate problems of the domestic maritime industry.

18 ‘‘(3) The existence of an established program of the applicant encom19 passing research and training directed to enhancing maritime indus20 tries.

21 ‘‘(4) The demonstrated ability of the applicant to assemble and

22 evaluate pertinent information from national and international sources

23 and to disseminate results of maritime industry research and edu24 cational programs through a continuing education program.

25 ‘‘(5) The qualification of the applicant as a nonprofit institution of

26 higher learning.

27 ‘‘(e) FINANCIAL AWARDS.—The Secretary may make awards on an equal

28 matching basis to an institute designated under subsection (a) from

29 amounts appropriated. The aggregate annual amount of the Federal share

30 of the awards by the Secretary may not exceed $500,000.

31 ‘‘(f) UNIVERSITY TRANSPORTATION RESEARCH FUNDS.—The Secretary

32 may make a grant under section 5505 of title 49 to an institute designated

33 under subsection (a) for maritime and maritime intermodal research under

34 that section as if the institute were a university transportation center. In

35 making a grant, the Secretary, through the Research and Special Programs

36 Administration, shall advise the Maritime Administration on the availability

37 of funds for the grants and consult with the Administration on making the

38 grants.
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1 ‘‘§ 50113. Use and performance reports by operators of ves2 sels

3 ‘‘(a) FILING REQUIREMENT.—The Secretary of Transportation by regula4 tion may require the operator of a vessel in the waterborne foreign com5 merce of the United States to file such report, account, record, or memo6 randum on the use and performance of the vessel as the Secretary considers

7 desirable to assist in carrying out this subtitle. The report, account, record,

8 or memorandum shall be signed and verified, and be filed at the times and

9 in the manner, as provided by regulation.

10 ‘‘(b) CIVIL PENALTY.—An operator not filing a report, account, record,

11 or memorandum required by the Secretary under this section is liable to the

12 United States Government for a civil penalty of $50 for each day of the

13 violation. A penalty imposed under this section on the operator of a vessel

14 constitutes a lien on the vessel involved in the violation. A civil action in

15 rem to enforce the lien may be brought in the district court of the United

16 States for any district in which the vessel is found. The Secretary may remit

17 or mitigate any penalty imposed under this section.

18 ‘‘CHAPTER 503—ADMINISTRATIVE

‘‘Sec.

‘‘50301. Vessel Operations Revolving Fund.

‘‘50302. Port development.

‘‘50303. Operating property and extending term of notes.

‘‘50304. Sale and transfer of property.

‘‘50305. Appointment of trustee or receiver and operation of vessels.

‘‘50306. Requiring testimony and records in investigations.

19 ‘‘§ 50301. Vessel Operations Revolving Fund

20 ‘‘(a) IN GENERAL.—There is a ‘Vessel Operations Revolving Fund’ for

21 use by the Secretary of Transportation in carrying out duties and powers

22 related to vessel operations, including charter, operation, maintenance, re23 pair, reconditioning, and improvement of merchant vessels under the juris24 diction of the Secretary. The Fund has a working capital of $20,000,000,

25 to remain available until expended.

26 ‘‘(b) RELATIONSHIP TO OTHER LAWS.—Notwithstanding any other law,

27 rates for shipping services provided under the Fund shall be prescribed by

28 the Secretary and the Fund shall be credited with receipts from vessel oper29 ations conducted under the Fund. Sections 1(a) and (c), 3(c), and 4 of the

30 Act of March 24, 1943 (50 App. U.S.C. 1291(a), (c), 1293(c), 1294), apply

31 to those operations and to seamen employed through general agents as em32 ployees of the United States Government. Notwithstanding any other law

33 on the employment of persons by the Government, the seamen may be em34 ployed in accordance with customary commercial practices in the maritime

35 industry.

36 ‘‘(c) ADVANCEMENTS.—With the approval of the Director of the Office

37 of Management and Budget, the Secretary may advance amounts the Sec-
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1 retary considers necessary, but not more than 2 percent of vessel operating

2 expenses, from the Fund to the appropriation ‘Salaries and Expenses’ in

3 carrying out duties and powers related to vessel operations, without regard

4 to the limitations on amounts stated in that appropriation.

5 ‘‘(d) TRANSFERS.—The unexpended balances of working funds or of allo6 cation accounts established after January 1, 1951, for the activities pro7 vided for in subsection (a), and receipts received from those activities, may

8 be transferred to the Fund, which shall be available for the purposes of

9 those working funds or allocation accounts.

10 ‘‘(e) LIMITATION.—

11 ‘‘(1) IN GENERAL.—Amounts made available to the Secretary for

12 maritime activities by this section or any other law may not be used

13 to pay for a vessel described in paragraph (2) unless the compensation

14 to be paid is computed under section 56303 of this title as that section

15 is interpreted by the Comptroller General.

16 ‘‘(2) APPLICABLE VESSELS.—Paragraph (1) applies to a vessel—

17 ‘‘(A) the title to which is acquired by the Government by req18 uisition or purchase;

19 ‘‘(B) the use of which is taken by requisition or agreement; or

20 ‘‘(C) lost while insured by the Government.

21 ‘‘(3) NONAPPLICABLE VESSELS.—Paragraph (1) does not apply to a

22 vessel under a construction-differential subsidy contract.

23 ‘‘(f) AVAILABILITY FOR ADDITIONAL PURPOSES.—The Fund is available

24 for—

25 ‘‘(1) necessary expenses incurred in the protection, preservation,

26 maintenance, acquisition, or use of vessels involved in mortgage fore27 closure or forfeiture proceedings instituted by the Government, includ28 ing payment of prior claims and liens, expenses of sale, or other related

29 charges;

30 ‘‘(2) necessary expenses incident to the redelivery and lay-up, in the

31 United States, of vessels chartered as of June 20, 1956, under agree32 ments not calling for their return to the Government;

33 ‘‘(3) the activation, repair, and deactivation of merchant vessels

34 chartered for limited emergency purposes during fiscal year 1957 under

35 the jurisdiction of the Secretary; and

36 ‘‘(4) payment of expenses of custody and maintenance of Govern37 ment-owned vessels not in the National Defense Reserve Fleet.

38 ‘‘(g) EXPENSES AND RECEIPTS RELATED TO CHARTER OPERATIONS.—

39 The Fund is available for expenses incurred in activating, repairing, and de40 activating merchant vessels chartered under the jurisdiction of the Sec-
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1 retary. Receipts from charter operations of Government-owned vessels under

2 the jurisdiction of the Secretary shall be credited to the Fund.

3 ‘‘§ 50302. Port development

4 ‘‘(a) GENERAL REQUIREMENTS.—With the objective of promoting, en5 couraging, and developing ports and transportation facilities in connection

6 with water commerce over which the Secretary of Transportation has juris7 diction, the Secretary, in cooperation with the Secretary of the Army,

8 shall—

9 ‘‘(1) investigate territorial regions and zones tributary to ports, tak10 ing into consideration the economies of transportation by rail, water,

11 and highway and the natural direction of the flow of commerce;

12 ‘‘(2) investigate the causes of congestion of commerce at ports and

13 applicable remedies;

14 ‘‘(3) investigate the subject of water terminals, including the nec15 essary docks, warehouses, and equipment, to devise and suggest the

16 types most appropriate for different locations and for the most expedi17 tious and economical transfer or interchange of passengers or property

18 between water carriers and rail carriers;

19 ‘‘(4) consult with communities on the appropriate location and plan

20 of construction of wharves, piers, and water terminals;

21 ‘‘(5) investigate the practicability and advantages of harbor, river,

22 and port improvements in connection with foreign and coastwise trade;

23 and

24 ‘‘(6) investigate any other matter that may tend to promote and en25 courage the use by vessels of ports adequate to care for the freight that

26 naturally would pass through those ports.

27 ‘‘(b) SUBMISSION OF FINDINGS TO SURFACE TRANSPORTATION

28 BOARD.—After an investigation under subsection (a), if the Secretary of

29 Transportation believes that the rates or practices of a rail carrier subject

30 to the jurisdiction of the Surface Transportation Board are detrimental to

31 the objective specified in subsection (a), or that new rates or practices, new

32 or additional port terminal facilities, or affirmative action by a rail carrier

33 is necessary to promote that objective, the Secretary may submit findings

34 to the Board for action the Board considers appropriate under existing law.

35 ‘‘§ 50303. Operating property and extending term of notes

36 ‘‘(a) GENERAL AUTHORITY.—The Secretary of Transportation may—

37 ‘‘(1) operate or lease docks, wharves, piers, or real property under

38 the Secretary’s control; and

39 ‘‘(2) make extensions and accept renewals of—

40 ‘‘(A) promissory notes and other evidences of indebtedness on

41 property; and
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1 ‘‘(B) mortgages and other contracts securing the property.

2 ‘‘(b) TERMS OF TRANSACTIONS.—A transaction under subsection (a)

3 shall be on terms the Secretary considers necessary to carry out the pur4 poses of this subtitle, but consistent with sound business practice.

5 ‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts received by the Secretary

6 from a transaction under this section are available for expenditure by the

7 Secretary as provided in this subtitle.

8 ‘‘§ 50304. Sale and transfer of property

9 ‘‘(a) AUTHORITY TO SELL.—The Secretary of Transportation may sell

10 property (other than vessels transferred under section 4 of the Merchant

11 Marine Act, 1920 (ch. 250, 41 Stat. 990)) on terms the Secretary considers

12 appropriate.

13 ‘‘(b) TRANSFERS FROM MILITARY TO CIVILIAN CONTROL.—When the

14 President considers it in the interest of the United States, the President

15 may transfer to the Secretary of Transportation possession and control of

16 property described in the second paragraph of section 17 of the Merchant

17 Marine Act, 1920 (ch. 250, 41 Stat. 994), as originally enacted, that is pos18 sessed and controlled by the Secretary of a military department.

19 ‘‘(c) TRANSFERS FROM CIVILIAN TO MILITARY CONTROL.—When the

20 President considers it necessary, the President by executive order may

21 transfer to the Secretary of a military department possession and control

22 of property described in section 17 of the Merchant Marine Act, 1920 (ch.

23 250, 41 Stat. 994), as originally enacted, that is possessed and controlled

24 by the Secretary of Transportation. The President’s order shall state the

25 need for the transfer and the period of the need. When the President de26 cides that the need has ended, the possession and control shall revert to the

27 Secretary of Transportation. The property may not be sold except as pro28 vided by law.

29 ‘‘§ 50305. Appointment of trustee or receiver and operation

30 of vessels

31 ‘‘(a) APPOINTMENT OF TRUSTEES AND RECEIVERS.—

32 ‘‘(1) APPOINTMENT OF SECRETARY.—In a proceeding in a court of

33 the United States in which a trustee or receiver may be appointed for

34 a corporation operating a vessel of United States registry between the

35 United States and a foreign country, on which the United States Gov36 ernment holds a mortgage, the court may appoint the Secretary of

37 Transportation as the sole trustee or receiver (subject to the direction

38 of the court) if—

39 ‘‘(A) the court finds that the appointment will—

40 ‘‘(i) inure to the advantage of the estate and the parties

41 in interest; and
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1 ‘‘(ii) tend to carry out the purposes of this subtitle; and

2 ‘‘(B) the Secretary expressly consents to the appointment.

3 ‘‘(2) APPOINTMENT OF OTHER PERSON.—The appointment of an4 other person as trustee or receiver without a hearing becomes effective

5 when ratified by the Secretary, but the Secretary may demand a hear6 ing.

7 ‘‘(b) OPERATION OF VESSELS.—

8 ‘‘(1) IN GENERAL.—If the court is unwilling to allow the trustee or

9 receiver to operate the vessel in foreign commerce without financial aid

10 from the Government pending termination of the proceeding, and the

11 Secretary certifies to the court that the continued operation of the ves12 sel is essential to the foreign commerce of the United States and is rea13 sonably calculated to carry out the purposes of this subtitle, the court

14 may allow the Secretary to operate the vessel, either directly or through

15 a managing agent or operator employed by the Secretary. The Sec16 retary must agree to comply with terms imposed by the court sufficient

17 to protect the parties in interest. The Secretary also must agree to pay

18 all operating losses resulting from the operation. The operation shall

19 be for the account of the trustee or receiver.

20 ‘‘(2) PAYMENT OF OPERATING LOSSES AND OTHER AMOUNTS.—The

21 Secretary has no claim against the corporation, its estate, or its assets

22 for operating losses paid by the Secretary, but the Secretary may pay

23 amounts for depreciation the Secretary considers reasonable and other

24 amounts the court considers just. The payment of operating losses and

25 the other amounts and compliance with terms imposed by the court

26 shall be in satisfaction of any claim against the Secretary resulting

27 from the operation of the vessel.

28 ‘‘(3) DEEMED OPERATION BY GOVERNMENT.—A vessel operated by

29 the Secretary under this subsection is deemed to be a vessel operated

30 by the Government under chapter 309 of this title.

31 ‘‘§ 50306. Requiring testimony and records in investigations

32 ‘‘(a) IN GENERAL.—In conducting an investigation that the Secretary of

33 Transportation considers necessary and proper to carry out this subtitle, the

34 Secretary may administer oaths, take evidence, and subpoena persons to

35 testify and produce documents relevant to the matter under investigation.

36 Persons may be required to attend or produce documents from any place

37 in the United States at any designated place of hearing.

38 ‘‘(b) FEES AND MILEAGE.—Persons subpoenaed by the Secretary under

39 subsection (a) shall be paid the same fees and mileage paid to witnesses in

40 the courts of the United States.
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1 ‘‘(c) ENFORCEMENT OF SUBPOENAS.—If a person disobeys a subpoena

2 issued under subsection (a), the Secretary may seek an order enforcing the

3 subpoena from the district court of the United States for the district in

4 which the person resides or does business. Process may be served in the ju5 dicial district in which the person resides or is found. The court may issue

6 an order to obey the subpoena and punish a refusal to obey as a contempt

7 of court.

8 ‘‘CHAPTER 505—OTHER GENERAL PROVISIONS

‘‘Sec.

‘‘50501. Entities deemed citizens of the United States.

‘‘50502. Applicability to receivers, trustees, successors, and assigns.

‘‘50503. Oceanographic research vessels.

‘‘50504. Sailing school vessels.

9 ‘‘§ 50501. Entities deemed citizens of the United States

10 ‘‘(a) IN GENERAL.—In this subtitle, a corporation, partnership, or asso11 ciation is deemed to be a citizen of the United States only if the controlling

12 interest is owned by citizens of the United States. However, if the corpora13 tion, partnership, or association is operating a vessel in the coastwise trade,

14 at least 75 percent of the interest must be owned by citizens of the United

15 States.

16 ‘‘(b) ADDITIONAL REQUIREMENTS FOR CORPORATIONS.—In this subtitle,

17 a corporation is deemed to be a citizen of the United States only if, in addi18 tion to satisfying the requirements in subsection (a)—

19 ‘‘(1) it is incorporated under the laws of the United States or a

20 State;

21 ‘‘(2) its chief executive officer, by whatever title, and the chairman

22 of its board of directors are citizens of the United States; and

23 ‘‘(3) no more of its directors are noncitizens than a minority of the

24 number necessary to constitute a quorum.

25 ‘‘(c) DETERMINATION OF CONTROLLING CORPORATE INTEREST.—The

26 controlling interest in a corporation is owned by citizens of the United

27 States under subsection (a) only if—

28 ‘‘(1) title to the majority of the stock in the corporation is vested

29 in citizens of the United States free from any trust or fiduciary obliga30 tion in favor of a person not a citizen of the United States;

31 ‘‘(2) the majority of the voting power in the corporation is vested

32 in citizens of the United States;

33 ‘‘(3) there is no contract or understanding by which the majority of

34 the voting power in the corporation may be exercised, directly or indi35 rectly, in behalf of a person not a citizen of the United States; and

36 ‘‘(4) there is no other means by which control of the corporation is

37 given to or permitted to be exercised by a person not a citizen of the

38 United States.
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1 ‘‘(d) DETERMINATION OF 75 PERCENT CORPORATE INTEREST.—At least

2 75 percent of the interest in a corporation is owned by citizens of the

3 United States under subsection (a) only if—

4 ‘‘(1) title to at least 75 percent of the stock in the corporation is

5 vested in citizens of the United States free from any trust or fiduciary

6 obligation in favor of a person not a citizen of the United States;

7 ‘‘(2) at least 75 percent of the voting power in the corporation is

8 vested in citizens of the United States;

9 ‘‘(3) there is no contract or understanding by which more than 25

10 percent of the voting power in the corporation may be exercised, di11 rectly or indirectly, in behalf of a person not a citizen of the United

12 States; and

13 ‘‘(4) there is no other means by which control of more than 25 per14 cent of any interest in the corporation is given to or permitted to be

15 exercised by a person not a citizen of the United States.

16 ‘‘§ 50502. Applicability to receivers, trustees, successors, and

17 assigns

18 ‘‘This subtitle applies to receivers, trustees, successors, and assigns of any

19 person to whom this subtitle applies.

20 ‘‘§ 50503. Oceanographic research vessels

21 ‘‘An oceanographic research vessel (as defined in section 2101 of this

22 title) is deemed not to be engaged in trade or commerce.

23 ‘‘§ 50504. Sailing school vessels

24 ‘‘(a) DEFINITIONS.—In this section, the terms ‘sailing school instructor’,

25 ‘sailing school student’, and ‘sailing school vessel’ have the meaning given

26 those terms in section 2101 of this title.

27 ‘‘(b) NOT SEAMEN.—A sailing school student or sailing school instructor

28 is deemed not to be a seaman under—

29 ‘‘(1) parts B, F, and G of subtitle II of this title; or

30 ‘‘(2) the maritime law doctrines of maintenance and cure or war31 ranty of seaworthiness.

32 ‘‘(c) NOT MERCHANT VESSEL OR ENGAGED IN TRADE OR COMMERCE.—

33 A sailing school vessel is deemed not to be—

34 ‘‘(1) a merchant vessel under section 11101(a)–(c) of this title; or

35 ‘‘(2) a vessel engaged in trade or commerce.

36 ‘‘(d) EVIDENCE OF FINANCIAL RESPONSIBILITY.—The owner or

37 charterer of a sailing school vessel shall maintain evidence of financial re38 sponsibility to meet liability for death or injury to sailing school students

39 and sailing school instructors on a voyage on the vessel. The amount of fi40 nancial responsibility shall be at least $50,000 for each student and instruc-
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1 tor. Financial responsibility under this subsection may be evidenced by in2 surance or other adequate financial resources.

3 ‘‘PART B—MERCHANT MARINE SERVICE

4 ‘‘CHAPTER 511—GENERAL

‘‘Sec.

‘‘51101. Policy.

‘‘51102. Definitions.

‘‘51103. General authority of Secretary of Transportation.

‘‘51104. General authority of Secretary of the Navy.

5 ‘‘§ 51101. Policy

6 ‘‘It is the policy of the United States Government that merchant marine

7 vessels of the United States should be operated by highly trained and effi8 cient citizens of the United States and that the United States Navy and

9 the merchant marine of the United States should work closely together to

10 promote the maximum integration of the total seapower forces of the United

11 States.

12 ‘‘§ 51102. Definitions

13 ‘‘In this part:

14 ‘‘(1) ACADEMY.—The term ‘Academy’ means the United States Mer15 chant Marine Academy located at Kings Point, New York, and main16 tained under chapter 513 of this title.

17 ‘‘(2) COST OF EDUCATION PROVIDED.—The term ‘cost of education

18 provided’ means the financial costs incurred by the United States Gov19 ernment for providing training or financial assistance to students at

20 the Academy and the State maritime academies, including direct finan21 cial assistance, room, board, classroom academics, and other training

22 activities.

23 ‘‘(3) MERCHANT MARINE OFFICER.—The term ‘merchant marine of24 ficer’ means an individual issued a license by the Coast Guard author25 izing service as—

26 ‘‘(A) a master, mate, or pilot on a documented vessel that—

27 ‘‘(i) is of at least 1,000 gross tons as measured under sec28 tion 14502 of this title or an alternate tonnage measured

29 under section 14302 of this title as prescribed by the Sec30 retary under section 14104 of this title; and

31 ‘‘(ii) operates on the oceans or the Great Lakes; or

32 ‘‘(B) an engineer officer on a documented vessel propelled by

33 machinery of at least 4,000 horsepower.

34 ‘‘(4) STATE MARITIME ACADEMY.—The term ‘State maritime acad35 emy’ means—

36 ‘‘(A) a State maritime academy or college sponsored by a State

37 and assisted under chapter 515 of this title; and
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1 ‘‘(B) a regional maritime academy or college sponsored by a

2 group of States and assisted under chapter 515 of this title.

3 ‘‘§ 51103. General authority of Secretary of Transportation

4 ‘‘(a) EDUCATION AND TRAINING.—The Secretary of Transportation may

5 provide for the education and training of citizens of the United States for

6 the safe and efficient operation of the merchant marine of the United States

7 at all times, including operation as a naval and military auxiliary in time

8 of war or national emergency.

9 ‘‘(b) SURPLUS PROPERTY FOR INSTRUCTIONAL PURPOSES.—

10 ‘‘(1) IN GENERAL.—The Secretary may cooperate with and assist the

11 institutions named in paragraph (2) by making vessels, shipboard

12 equipment, and other marine equipment, owned by the United States

13 Government and determined to be excess or surplus, available to those

14 institutions for instructional purposes, by gift, loan, sale, lease, or char15 ter on terms the Secretary considers appropriate.

16 ‘‘(2) INSTITUTIONS.—The institutions referred to in paragraph (1)

17 are—

18 ‘‘(A) the United States Merchant Marine Academy;

19 ‘‘(B) a State maritime academy; and

20 ‘‘(C) a nonprofit training institution jointly approved by the

21 Secretary of Transportation and the Secretary of the department

22 in which the Coast Guard is operating as offering training courses

23 that meet Federal regulations for maritime training.

24 ‘‘(c) ASSISTANCE FROM OTHER AGENCIES.—

25 ‘‘(1) IN GENERAL.—The Secretary of Transportation may secure di26 rectly from an agency, on a reimbursable basis, information, facilities,

27 and equipment necessary to carry out this part.

28 ‘‘(2) DETAILING PERSONNEL.—At the request of the Secretary, the

29 head of an agency (including a military department) may detail, on a

30 reimbursable basis, personnel from the agency to the Secretary to as31 sist in carrying out this part.

32 ‘‘(d) ACADEMY PERSONNEL.—To carry out this part, the Secretary

33 may—

34 ‘‘(1) employ an individual as a professor, lecturer, or instructor at

35 the Academy, without regard to the provisions of title 5 governing ap36 pointments in the competitive service; and

37 ‘‘(2) pay the individual without regard to chapter 51 and subchapter

38 III of chapter 53 of title 5.

39 ‘‘§ 51104. General authority of Secretary of the Navy

40 ‘‘The Secretary of the Navy, in cooperation with the Maritime Adminis41 trator and the head of each State maritime academy, shall ensure that—
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1 ‘‘(1) the training of future merchant marine officers at the United

2 States Merchant Marine Academy and at State maritime academies in3 cludes programs for naval science training in the operation of merchant

4 vessels as a naval and military auxiliary; and

5 ‘‘(2) naval officer training programs for future officers, insofar as

6 possible, are maintained at designated maritime academies consistent

7 with Navy standards and needs.

8 ‘‘CHAPTER 513—UNITED STATES MERCHANT MARINE

9 ACADEMY

‘‘Sec.

‘‘51301. Maintenance of the Academy.

‘‘51302. Nomination and competitive appointment of cadets.

‘‘51303. Non-competitive appointments.

‘‘51304. Additional appointments from particular areas.

‘‘51305. Prohibited basis for appointment.

‘‘51306. Cadet commitment agreements.

‘‘51307. Places of training.

‘‘51308. Uniforms, textbooks, and transportation allowances.

‘‘51309. Academic degree.

‘‘51310. Deferment of service obligation under cadet commitment agreements.

‘‘51311. Midshipman status in the Naval Reserve.

‘‘51312. Board of Visitors.

‘‘51313. Advisory Board.

10 ‘‘§ 51301. Maintenance of the Academy

11 ‘‘The Secretary of Transportation shall maintain the United States Mer12 chant Marine Academy to provide instruction to individuals to prepare them

13 for service in the merchant marine of the United States.

14 ‘‘§ 51302. Nomination and competitive appointment of ca15 dets

16 ‘‘(a) REQUIREMENTS.—An individual may be nominated for a competitive

17 appointment as a cadet at the United States Merchant Marine Academy

18 only if the individual—

19 ‘‘(1) is a citizen or national of the United States; and

20 ‘‘(2) meets the minimum requirements that the Secretary of Trans21 portation shall establish.

22 ‘‘(b) NOMINATORS.—Nominations for competitive appointments for the

23 positions allocated under subsection (c) may be made as follows:

24 ‘‘(1) A Senator may nominate residents of the State represented by

25 that Senator.

26 ‘‘(2) A Member of the House of Representatives may nominate resi27 dents of the State in which the congressional district represented by

28 that Member is located.

29 ‘‘(3) A Delegate to the House of Representatives from the District

30 of Columbia, the Virgin Islands, Guam, or American Samoa may nomi31 nate residents of the jurisdiction represented by that Delegate.
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1 ‘‘(4) The Resident Commissioner to the United States from Puerto

2 Rico may nominate residents of Puerto Rico.

3 ‘‘(5) The Governor of the Northern Mariana Islands may nominate

4 residents of the Northern Mariana Islands.

5 ‘‘(6) The Panama Canal Commission may nominate—

6 ‘‘(A) residents, or sons or daughters of residents, of an area or

7 installation in Panama and made available to the United States

8 under the Panama Canal Treaty of 1977, the agreements relating

9 to and implementing that Treaty, signed September 7, 1977, and

10 the Agreement Between the United States of America and the Re11 public of Panama Concerning Air Traffic Control and Related

12 Services, concluded January 8, 1979; and

13 ‘‘(B) sons or daughters of personnel of the United States Gov14 ernment and the Panama Canal Commission residing in Panama.

15 ‘‘(c) ALLOCATION OF POSITIONS.—Positions for competitive appointments

16 shall be allocated each year as follows:

17 ‘‘(1) Positions shall be allocated for residents of each State nomi18 nated by the Members of Congress from that State in proportion to

19 the representation in Congress from that State.

20 ‘‘(2) Four positions shall be allocated for residents of the District

21 of Columbia nominated by the Delegate to the House of Representa22 tives from the District of Columbia.

23 ‘‘(3) One position each shall be allocated for residents of the Virgin

24 Islands, Guam, and American Samoa nominated by the Delegates to

25 the House of Representatives from the Virgin Islands, Guam, and

26 American Samoa, respectively.

27 ‘‘(4) One position shall be allocated for a resident of Puerto Rico

28 nominated by the Resident Commissioner to the United States from

29 Puerto Rico.

30 ‘‘(5) One position shall be allocated for a resident of the Northern

31 Mariana Islands nominated by the Governor of the Northern Mariana

32 Islands.

33 ‘‘(6) Two positions shall be allocated for individuals nominated by

34 the Panama Canal Commission.

35 ‘‘(d) COMPETITIVE SYSTEM FOR APPOINTMENT.—

36 ‘‘(1) ESTABLISHMENT OF SYSTEM.—The Secretary shall establish a

37 competitive system for selecting individuals nominated under subsection

38 (b) to fill the positions allocated under subsection (c). The system must

39 determine the relative merit of each individual based on competitive ex40 aminations, an assessment of the individual’s academic background,
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1 and other effective indicators of motivation and probability of success2 ful completion of training at the Academy.

3 ‘‘(2) APPOINTMENTS BY JURISDICTION.—The Secretary shall ap4 point individuals to fill the positions allocated under subsection (c) for

5 each jurisdiction in the order of merit of the individuals nominated

6 from that jurisdiction.

7 ‘‘(3) REMAINING UNFILLED POSITIONS.—If positions remain unfilled

8 after the appointments are made under paragraph (2), the Secretary

9 shall appoint individuals to fill the positions in the order of merit of

10 the remaining individuals nominated from all jurisdictions.

11 ‘‘§ 51303. Non-competitive appointments

12 ‘‘The Secretary of Transportation may appoint each year without com13 petition as cadets at the United States Merchant Marine Academy not more

14 than 40 qualified individuals with qualities the Secretary considers to be of

15 special value to the Academy. In making these appointments, the Secretary

16 shall try to achieve a national demographic balance at the Academy.

17 ‘‘§ 51304. Additional appointments from particular areas

18 ‘‘(a) OTHER COUNTRIES IN WESTERN HEMISPHERE.—The President

19 may appoint individuals from countries in the Western Hemisphere other

20 than the United States to receive instruction at the United States Merchant

21 Marine Academy. Not more than 12 individuals may receive instruction

22 under this subsection at the same time, and not more than 2 individuals

23 from the same country may receive instruction under this subsection at the

24 same time.

25 ‘‘(b) OTHER COUNTRIES GENERALLY.—

26 ‘‘(1) APPOINTMENT.—The Secretary of Transportation, with the ap27 proval of the Secretary of State, may appoint individuals from coun28 tries other than the United States to receive instruction at the Acad29 emy. Not more than 30 individuals may receive instruction under this

30 subsection at the same time.

31 ‘‘(2) REIMBURSEMENT.—The Secretary of Transportation shall en32 sure that the country from which an individual comes under this sub33 section will reimburse the Secretary for the cost (as determined by the

34 Secretary) of the instruction and allowances received by the individual.

35 ‘‘(c) PANAMA.—

36 ‘‘(1) APPOINTMENT.—The Secretary of Transportation, with the ap37 proval of the Secretary of State, may appoint individuals from Panama

38 to receive instruction at the Academy. Individuals appointed under this

39 subsection are in addition to those appointed under any other provision

40 of this chapter.
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1 ‘‘(2) REIMBURSEMENT.—The Secretary of Transportation shall be

2 reimbursed for the cost (as determined by the Secretary) of the instruc3 tion and allowances received by an individual appointed under this sub4 section.

5 ‘‘(d) ALLOWANCES AND REGULATIONS.—Individuals receiving instruction

6 under this section are entitled to the same allowances and are subject to

7 the same regulations on admission, attendance, discipline, resignation, dis8 charge, dismissal, and graduation, as cadets at the Academy appointed from

9 the United States.

10 ‘‘§ 51305. Prohibited basis for appointment

11 ‘‘Preference may not be given to an individual for appointment as a cadet

12 at the United States Merchant Marine Academy because one or more mem13 bers of the individual’s immediate family are alumni of the Academy.

14 ‘‘§ 51306. Cadet commitment agreements

15 ‘‘(a) AGREEMENT REQUIREMENTS.—A citizen of the United States ap16 pointed as a cadet at the United States Merchant Marine Academy must

17 sign, as a condition of the appointment, an agreement to—

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

19 ‘‘(2) fulfill the requirements for a license as an officer in the mer20 chant marine of the United States before graduation from the Acad21 emy;

22 ‘‘(3) maintain a valid license as an officer in the merchant marine

23 of the United States for at least 6 years after graduation from the

24 Academy, accompanied by the appropriate national and international

25 endorsements and certification required by the Coast Guard for service

26 aboard vessels on domestic and international voyages;

27 ‘‘(4) apply for, and accept if tendered, an appointment as a commis28 sioned officer in the Naval Reserve (including the Merchant Marine Re29 serve, Naval Reserve), the Coast Guard Reserve, or any other reserve

30 unit of an armed force of the United States, and, if tendered the ap31 pointment, to serve for at least 6 years after graduation from the Acad32 emy;

33 ‘‘(5) serve the foreign and domestic commerce and the national de34 fense of the United States for at least 5 years after graduation from

35 the Academy—

36 ‘‘(A) as a merchant marine officer on a documented vessel or

37 a vessel owned and operated by the United States Government or

38 by a State;

39 ‘‘(B) as an employee in a United States maritime-related indus40 try, profession, or marine science (as determined by the Secretary
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1 of Transportation), if the Secretary determines that service under

2 subclause (A) is not available to the individual;

3 ‘‘(C) as a commissioned officer on active duty in an armed force

4 of the United States, as a commissioned officer in the National

5 Oceanic and Atmospheric Administration, or in other maritime-re6 lated Federal employment which serves the national security inter7 ests of the United States, as determined by the Secretary; or

8 ‘‘(D) by a combination of the service alternatives referred to in

9 subclauses (A)–(C); and

10 ‘‘(6) report to the Secretary on compliance with this subsection.

11 ‘‘(b) FAILURE TO COMPLETE COURSE OF INSTRUCTION.—

12 ‘‘(1) ACTIVE DUTY.—If the Secretary of Transportation determines

13 that an individual who has attended the Academy for at least 2 years

14 has failed to fulfill the part of the agreement described in subsection

15 (a)(1), the individual may be ordered by the Secretary of Defense to

16 serve on active duty in one of the armed forces of the United States

17 for a period of not more than 2 years. In cases of hardship as deter18 mined by the Secretary of Transportation, the Secretary of Transpor19 tation may waive this paragraph in whole or in part.

20 ‘‘(2) RECOVERY OF COST.—If the Secretary of Defense is unable or

21 unwilling to order an individual to serve on active duty under para22 graph (1), or if the Secretary of Transportation determines that reim23 bursement of the cost of education provided would better serve the in24 terests of the United States, the Secretary of Transportation may re25 cover from the individual the cost of education provided by the Govern26 ment.

27 ‘‘(c) FAILURE TO CARRY OUT OTHER REQUIREMENTS.—

28 ‘‘(1) ACTIVE DUTY.—If the Secretary of Transportation determines

29 that an individual has failed to fulfill any part of the agreement de30 scribed in subsection (a)(2)–(6), the individual may be ordered to serve

31 on active duty for a period of at least 3 years but not more than the

32 unexpired period (as determined by the Secretary) of the service re33 quired by subsection (a)(5). The Secretary of Transportation, in con34 sultation with the Secretary of Defense, shall determine in which serv35 ice the individual shall serve. In cases of hardship as determined by

36 the Secretary of Transportation, the Secretary of Transportation may

37 waive this paragraph in whole or in part.

38 ‘‘(2) RECOVERY OF COST.—If the Secretary of Defense is unable or

39 unwilling to order an individual to serve on active duty under para40 graph (1), or if the Secretary of Transportation determines that reim41 bursement of the cost of education provided would better serve the in-
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1 terests of the United States, the Secretary of Transportation may re2 cover from the individual the cost of education provided. The Secretary

3 may reduce the amount to be recovered to reflect partial performance

4 of service obligations and other factors the Secretary determines merit

5 a reduction.

6 ‘‘(d) ACTIONS TO RECOVER COST.—To aid in the recovery of the cost

7 of education provided by the Government under a commitment agreement

8 under this section, the Secretary of Transportation may—

9 ‘‘(1) request the Attorney General to bring a civil action against the

10 individual; and

11 ‘‘(2) make use of the Federal debt collection procedures in chapter

12 176 of title 28 or other applicable administrative remedies.

13 ‘‘§ 51307. Places of training

14 ‘‘The Secretary of Transportation may provide for the training of cadets

15 at the United States Merchant Marine Academy—

16 ‘‘(1) on vessels owned or subsidized by the United States Govern17 ment;

18 ‘‘(2) on other documented vessels, with the permission of the owner;

19 and

20 ‘‘(3) in shipyards or plants and with industrial or educational organi21 zations.

22 ‘‘§ 51308. Uniforms, textbooks, and transportation allow23 ances

24 ‘‘The Secretary of Transportation shall provide cadets at the United

25 States Merchant Marine Academy—

26 ‘‘(1) all required uniforms and textbooks; and

27 ‘‘(2) allowances for transportation (including reimbursement of trav28 eling expenses) when traveling under orders as a cadet.

29 ‘‘§ 51309. Academic degree

30 ‘‘(a) BACHELOR’S DEGREE.—

31 ‘‘(1) IN GENERAL.—The Superintendent of the United States Mer32 chant Marine Academy may confer the degree of bachelor of science

33 on an individual who—

34 ‘‘(A) has met the conditions prescribed by the Secretary of

35 Transportation; and

36 ‘‘(B) if a citizen of the United States, has passed the examina37 tion for a merchant marine officer’s license.

38 ‘‘(2) EFFECT OF PHYSICAL DISQUALIFICATION.—An individual not

39 allowed to take the examination for a merchant marine officer’s license

40 only because of physical disqualification may not be denied a degree for

41 not taking the examination.
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1 ‘‘(b) MASTER’S DEGREE.—The Superintendent of the Academy may con2 fer a master’s degree on an individual who has met the conditions pre3 scribed by the Secretary. A master’s degree program may be funded

4 through non-appropriated funds. To maintain the appropriate academic

5 standards, the program shall be accredited by the appropriate accreditation

6 body. The Secretary may prescribe regulations necessary to administer such

7 a program.

8 ‘‘(c) GRADUATION NOT ENTITLEMENT TO HOLD LICENSE.—Graduation

9 from the Academy does not entitle an individual to hold a license author10 izing service on a merchant vessel.

11 ‘‘§ 51310. Deferment of service obligation under cadet com12 mitment agreements

13 ‘‘The Secretary of Transportation may defer the service commitment of

14 an individual under section 51306(a)(5) of this title (as specified in the

15 cadet commitment agreement) for not more than 2 years if the individual

16 is engaged in a graduate course of study approved by the Secretary. How17 ever, deferment of service as a commissioned officer under section

18 51306(a)(5) must be approved by the Secretary of the military department

19 that has jurisdiction over the service or by the Secretary of Commerce for

20 service with the National Oceanic and Atmospheric Administration.

21 ‘‘§ 51311. Midshipman status in the Naval Reserve

22 ‘‘(a) APPLICATION REQUIREMENT.—Before being appointed as a cadet at

23 the United States Merchant Marine Academy, a citizen of the United States

24 must agree to apply for midshipman status in the Naval Reserve (including

25 the Merchant Marine Reserve, Naval Reserve).

26 ‘‘(b) APPOINTMENT.—

27 ‘‘(1) IN GENERAL.—A citizen of the United States appointed as a

28 cadet at the Academy shall be appointed by the Secretary of the Navy

29 as a midshipman in the Naval Reserve (including the Merchant Marine

30 Reserve, Naval Reserve).

31 ‘‘(2) RIGHTS AND PRIVILEGES.—The Secretary of the Navy shall

32 provide for cadets of the Academy who are midshipmen in the United

33 States Naval Reserve to be—

34 ‘‘(A) issued an identification card (referred to as a ‘military ID

35 card’); and

36 ‘‘(B) entitled to all rights and privileges in accordance with the

37 same eligibility criteria as apply to other members of the Ready

38 Reserve of the reserve components of the armed forces.

39 ‘‘(3) COORDINATION.—The Secretary of the Navy shall carry out

40 paragraphs (1) and (2) in coordination with the Secretary of Transpor41 tation.
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1 ‘‘§ 51312. Board of Visitors

2 ‘‘(a) IN GENERAL.—A Board of Visitors to the United States Merchant

3 Marine Academy shall be established, for a term of 2 years commencing at

4 the beginning of each Congress, to visit the Academy annually on a date

5 determined by the Secretary of Transportation and to make recommenda6 tions on the operation of the Academy.

7 ‘‘(b) APPOINTMENT.—

8 ‘‘(1) IN GENERAL.—The Board shall be composed of—

9 ‘‘(A) 2 Senators appointed by the chairman of the Committee

10 on Commerce, Science, and Transportation of the Senate;

11 ‘‘(B) 3 Members of the House of Representatives appointed by

12 the chairman of the Committee on Armed Services of the House

13 of Representatives;

14 ‘‘(C) 1 Senator appointed by the Vice President;

15 ‘‘(D) 2 Members of the House of Representatives appointed by

16 the Speaker of the House of Representatives; and

17 ‘‘(E) the chairmen of the Committee on Commerce, Science, and

18 Transportation of the Senate and the Committee on Armed Serv19 ices of the House of Representatives, as ex officio members.

20 ‘‘(2) SUBSTITUTE APPOINTMENT.—If an appointed member of the

21 Board is unable to visit the Academy as provided in subsection (a), an22 other individual may be appointed as a substitute in the manner pro23 vided in paragraph (1).

24 ‘‘(c) STAFF.—The chairmen of the Committee on Commerce, Science, and

25 Transportation of the Senate and the Committee on Armed Services of the

26 House of Representatives may designate staff members of their committees

27 to serve without reimbursement as staff for the Board.

28 ‘‘(d) TRAVEL EXPENSES.—When serving away from home or regular

29 place of business, a member of the Board or a staff member designated

30 under subsection (c) shall be allowed travel expenses, including per diem in

31 lieu of subsistence, as authorized by section 5703 of title 5.

32 ‘‘§ 51313. Advisory Board

33 ‘‘(a) IN GENERAL.—An Advisory Board to the United States Merchant

34 Marine Academy shall be established to visit the Academy at least once dur35 ing each academic year, for the purpose of examining the course of instruc36 tion and management of the Academy and advising the Maritime Adminis37 trator and the Superintendent of the Academy.

38 ‘‘(b) APPOINTMENT AND TERMS.—The Board shall be composed of not

39 more than 7 individuals appointed by the Secretary of Transportation. The

40 individuals must be distinguished in education and other fields related to

41 the Academy. Members of the Board shall be appointed for terms of not
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1 more than 3 years and may be reappointed. The Secretary shall designate

2 one of the members as chairman.

3 ‘‘(c) TRAVEL EXPENSES.—When serving away from home or regular

4 place of business, a member of the Board shall be allowed travel expenses,

5 including per diem in lieu of subsistence, as authorized by section 5703 of

6 title 5.

7 ‘‘(d) RELATIONSHIP TO OTHER LAW.—The Federal Advisory Committee

8 Act (5 App. U.S.C.) does not apply to the Board.

9 ‘‘CHAPTER 515—STATE MARITIME ACADEMY SUPPORT

10 PROGRAM

‘‘Sec.

‘‘51501. General support program.

‘‘51502. Detailing of personnel.

‘‘51503. Regional maritime academies.

‘‘51504. Use of training vessels.

‘‘51505. Annual payments for maintenance and support.

‘‘51506. Conditions to receiving payments and use of vessels.

‘‘51507. Places of training.

‘‘51508. Allowances for students.

‘‘51509. Student incentive payment agreements.

‘‘51510. Deferment of service obligation under student incentive payment agreements.

‘‘51511. Midshipman status in the Naval Reserve.

11 ‘‘§ 51501. General support program

12 ‘‘(a) ASSISTANCE TO STATE MARITIME ACADEMIES.—The Secretary of

13 Transportation shall cooperate with and assist State maritime academies in

14 providing instruction to individuals to prepare them for service in the mer15 chant marine of the United States.

16 ‘‘(b) COURSE DEVELOPMENT.—The Secretary shall provide to each State

17 maritime academy guidance and assistance in developing courses on the op18 eration and maintenance of new vessels, on equipment, and on innovations

19 being introduced to the merchant marine of the United States.

20 ‘‘§ 51502. Detailing of personnel

21 ‘‘At the request of the Governor of a State, the President may detail,

22 without reimbursement, personnel of the Navy, the Coast Guard, and the

23 Maritime Service to a State maritime academy to serve as a superintendent,

24 professor, lecturer, or instructor at the academy.

25 ‘‘§ 51503. Regional maritime academies

26 ‘‘The Governors of the States cooperating to sponsor a regional maritime

27 academy shall designate in writing one of those States to conduct the affairs

28 of that academy. A regional maritime academy is eligible for assistance from

29 the United States Government on the same basis as a State maritime acad30 emy sponsored by a single State.

31 ‘‘§ 51504. Use of training vessels

32 ‘‘(a) APPLICATIONS TO USE VESSELS.—The Governor of a State spon33 soring a State maritime academy (or the Governor of the State designated
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1 to conduct the affairs of a regional maritime academy) may apply in writing

2 to the Secretary of Transportation to obtain the use of a training vessel for

3 the academy. A vessel provided under this section remains the property of

4 the United States Government.

5 ‘‘(b) GENERAL AUTHORITY.—Subject to subsection (c), the Secretary

6 may provide to a State maritime academy, for use as a training vessel, a

7 suitable vessel under the control of the Secretary or made available to the

8 Secretary under subsection (e). If a suitable vessel is not available, the Sec9 retary may build and provide a suitable vessel.

10 ‘‘(c) APPROVAL REQUIREMENTS.—The Secretary may provide a vessel

11 under this section only if—

12 ‘‘(1) an application has been made under subsection (a);

13 ‘‘(2) the State maritime academy satisfies section 51506(a) of this

14 title; and

15 ‘‘(3) a suitable port will be available for the safe mooring of the ves16 sel while the academy is using the vessel.

17 ‘‘(d) PREPARATION AND MAINTENANCE.—A vessel provided under this

18 section shall be—

19 ‘‘(1) repaired, reconditioned, and equipped (with all apparel, charts,

20 books, and instruments of navigation) as necessary for use as a train21 ing vessel; and

22 ‘‘(2) maintained in good repair by the Secretary.

23 ‘‘(e) AGENCY VESSELS.—An agency may provide to the Secretary, for use

24 by a State maritime academy, a vessel (including equipment) that—

25 ‘‘(1) is suitable for training purposes; and

26 ‘‘(2) can be provided without detriment to the service to which the

27 vessel is assigned.

28 ‘‘(f) FUEL COSTS.—The Secretary may pay to a State maritime academy

29 the costs of fuel used by a vessel provided under this section while used for

30 training.

31 ‘‘(g) REMOVING VESSELS FROM SERVICE AND VESSEL SHARING.—The

32 Secretary may not—

33 ‘‘(1) take a vessel, currently in use as a training vessel under this

34 section, out of service to implement an alternative program (including

35 vessel sharing) unless the vessel is incapable of being maintained in

36 good repair as required by subsection (d); or

37 ‘‘(2) implement a program requiring a State maritime academy to

38 share its training vessel with another State maritime academy, except

39 with the express consent of Congress.
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1 ‘‘§ 51505. Annual payments for maintenance and support

2 ‘‘(a) PAYMENT AGREEMENTS.—The Secretary of Transportation may

3 make an agreement (effective for not more than 4 years) with the following

4 academies to provide annual payments to those academies for their mainte5 nance and support:

6 ‘‘(1) One State maritime academy in each State that satisfies section

7 51506(a) of this title.

8 ‘‘(2) Each regional maritime academy that satisfies section 51506(a)

9 of this title.

10 ‘‘(b) PAYMENTS.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2), an annual payment to

12 an academy under subsection (a) shall be at least equal to the amount

13 given to the academy for its maintenance and support by the State in

14 which it is located, or, for a regional maritime academy, by all States

15 cooperating to sponsor the academy.

16 ‘‘(2) MAXIMUM.—The amount under paragraph (1) may not be more

17 than $25,000. However, if the academy satisfies section 51506(b) of

18 this title, the amount shall be—

19 ‘‘(A) $100,000 for a State maritime academy; and

20 ‘‘(B) $200,000 for a regional maritime academy.

21 ‘‘§ 51506. Conditions to receiving payments and use of ves22 sels

23 ‘‘(a) GENERAL CONDITIONS.—As conditions of receiving an annual pay24 ment or the use of a vessel under this chapter, a State maritime academy

25 must—

26 ‘‘(1) provide courses of instruction on navigation, marine engineering

27 (including steam and diesel propulsion), the operation and maintenance

28 of new vessels and equipment, and innovations being introduced to the

29 merchant marine of the United States;

30 ‘‘(2) agree in writing to conform to the standards for courses, train31 ing facilities, admissions, and instruction that the Secretary of Trans32 portation may establish after consultation with the superintendents of

33 State maritime academies; and

34 ‘‘(3) agree in writing to require, as a condition for graduation, that

35 each individual who is a citizen of the United States and who is attend36 ing the academy in a merchant marine officer preparation program

37 pass the examination required for the issuance of a license under sec38 tion 7101 of this title.

39 ‘‘(b) ADDITIONAL CONDITION TO PAYMENTS OF MORE THAN $25,000.—

40 As a condition of receiving an annual payment of more than $25,000 under

41 section 51505 of this title, a State maritime academy also must agree to
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1 admit each year a number of citizens of the United States who meet its ad2 mission requirements and reside in a State not supporting that academy.

3 The Secretary shall determine the number of individuals to be admitted by

4 each academy under this subsection. The number may not be more than

5 one-third of the total number of individuals attending the academy at any

6 time.

7 ‘‘§ 51507. Places of training

8 ‘‘The Secretary of Transportation may provide for the training of stu9 dents attending a State maritime academy—

10 ‘‘(1) on vessels owned or subsidized by the United States Govern11 ment;

12 ‘‘(2) on other documented vessels, with the permission of the owner;

13 and

14 ‘‘(3) in shipyards or plants and with industrial or educational organi15 zations.

16 ‘‘§ 51508. Allowances for students

17 ‘‘Under regulations prescribed by the Secretary of Transportation, a stu18 dent at a State maritime academy shall receive from the Secretary allow19 ances for transportation (including reimbursement of traveling expenses)

20 when traveling under orders to receive training under section 51507 of this

21 title.

22 ‘‘§ 51509. Student incentive payment agreements

23 ‘‘(a) GENERAL AUTHORITY.—If a State maritime academy has an agree24 ment with the Secretary of Transportation under section 51505 of this title,

25 the Secretary may make an agreement with a student at the academy who

26 is a citizen of the United States to make student incentive payments to the

27 individual. An agreement with a student may not be effective for more than

28 4 academic years. The Secretary shall allocate payments under this section

29 among the various State maritime academies in an equitable manner.

30 ‘‘(b) PAYMENTS.—Payments under an agreement under this section shall

31 be equal to $4,000 each academic year and be paid, as prescribed by the

32 Secretary, while the individual is attending the academy. The payments

33 shall be used for uniforms, books, and subsistence.

34 ‘‘(c) MIDSHIPMAN AND ENLISTED RESERVE STATUS.—An agreement

35 under this section shall require the student to accept midshipman and en36 listed reserve status in the Naval Reserve (including the Merchant Marine

37 Reserve, Naval Reserve) before receiving any payments under the agree38 ment.

39 ‘‘(d) AGREEMENT REQUIREMENTS.—An agreement under this section

40 shall require the student to—
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1 ‘‘(1) complete the course of instruction at the academy the individual

2 is attending;

3 ‘‘(2) take the examination for a license as an officer in the merchant

4 marine of the United States before graduation from the academy and

5 fulfill the requirements for such a license within 3 months after grad6 uation from the academy;

7 ‘‘(3) maintain a valid license as an officer in the merchant marine

8 of the United States for at least 6 years after graduation from the

9 academy, accompanied by the appropriate national and international

10 endorsements and certification required by the Coast Guard for service

11 aboard vessels on domestic and international voyages;

12 ‘‘(4) accept, if tendered, an appointment as a commissioned officer

13 in the Naval Reserve (including the Merchant Marine Reserve, Naval

14 Reserve), the Coast Guard Reserve, or any other reserve unit of an

15 armed force of the United States, and, if tendered the appointment, to

16 serve for at least 6 years after graduation from the academy;

17 ‘‘(5) serve the foreign and domestic commerce and the national de18 fense of the United States for at least 3 years after graduation from

19 the academy—

20 ‘‘(A) as a merchant marine officer on a documented vessel or

21 a vessel owned and operated by the United States Government or

22 by a State;

23 ‘‘(B) as an employee in a United States maritime-related indus24 try, profession, or marine science (as determined by the Sec25 retary), if the Secretary determines that service under subclause

26 (A) is not available to the individual;

27 ‘‘(C) as a commissioned officer on active duty in an armed force

28 of the United States, as a commissioned officer in the National

29 Oceanic and Atmospheric Administration, or in other maritime-re30 lated Federal employment which serves the national security inter31 ests of the United States, as determined by the Secretary; or

32 ‘‘(D) by a combination of the service alternatives referred to in

33 subclauses (A)–(C); and

34 ‘‘(6) report to the Secretary on compliance with this subsection.

35 ‘‘(e) FAILURE TO COMPLETE COURSE OF INSTRUCTION.—

36 ‘‘(1) ACTIVE DUTY.—If the Secretary of Transportation determines

37 that an individual who has accepted the payments described in sub38 section (b) for a minimum of 2 academic years has failed to fulfill the

39 part of the agreement described in subsection (d)(1), the individual

40 may be ordered by the Secretary of Defense to serve on active duty

41 in the armed forces of the United States for a period of not more than
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1 2 years. In cases of hardship as determined by the Secretary of Trans2 portation, the Secretary of Transportation may waive this paragraph

3 in whole or in part.

4 ‘‘(2) RECOVERY OF COST.—If the Secretary of Defense is unable or

5 unwilling to order an individual to serve on active duty under para6 graph (1), or if the Secretary of Transportation determines that reim7 bursement of the cost of education provided would better serve the in8 terests of the United States, the Secretary of Transportation may re9 cover from the individual the amount of student incentive payments,

10 plus interest and attorney fees. The Secretary may reduce the amount

11 to be recovered to reflect partial performance of service obligations and

12 other factors the Secretary determines merit a reduction.

13 ‘‘(f) FAILURE TO CARRY OUT OTHER REQUIREMENTS.—

14 ‘‘(1) ACTIVE DUTY.—If the Secretary of Transportation determines

15 that an individual has failed to fulfill any part of the agreement de16 scribed in subsection (d)(2)–(6), the individual may be ordered to serve

17 on active duty for a period of at least 2 years but not more than the

18 unexpired period (as determined by the Secretary) of the service re19 quired by subsection (d)(5). The Secretary of Transportation, in con20 sultation with the Secretary of Defense, shall determine in which serv21 ice the individual shall serve. In cases of hardship as determined by

22 the Secretary of Transportation, the Secretary of Transportation may

23 waive this paragraph in whole or in part.

24 ‘‘(2) RECOVERY OF COST.—If the Secretary of Defense is unable or

25 unwilling to order an individual to serve on active duty under para26 graph (1), or if the Secretary of Transportation determines that reim27 bursement of the cost of education provided would better serve the in28 terests of the United States, the Secretary of Transportation may re29 cover from the individual the amount of student incentive payments,

30 plus interest and attorney fees. The Secretary may reduce the amount

31 to be recovered to reflect partial performance of service obligations and

32 other factors the Secretary determines merit a reduction.

33 ‘‘(g) ACTIONS TO RECOVER COST.—To aid in the recovery of the cost

34 of education provided by the Government under a commitment agreement

35 under this section, the Secretary of Transportation may—

36 ‘‘(1) request the Attorney General to bring a civil action against the

37 individual; and

38 ‘‘(2) make use of the Federal debt collection procedures in chapter

39 176 of title 28 or other applicable administrative remedies.
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1 ‘‘§ 51510. Deferment of service obligation under student in2 centive payment agreements

3 ‘‘The Secretary of Transportation may defer the service commitment of

4 an individual under section 51509(d)(5) of this title (as specified in the

5 agreement under section 51509) for not more than 2 years if the individual

6 is engaged in a graduate course of study approved by the Secretary. How7 ever, deferment of service as a commissioned officer on active duty must be

8 approved by the Secretary of the affected military department (or the Sec9 retary of Commerce, for service with the National Oceanic and Atmospheric

10 Administration).

11 ‘‘§ 51511. Midshipman status in the Naval Reserve

12 ‘‘A citizen of the United States attending a State maritime academy may

13 be appointed by the Secretary of the Navy as a midshipman in the Naval

14 Reserve (including the Merchant Marine Reserve, Naval Reserve).

15 ‘‘CHAPTER 517—OTHER SUPPORT FOR MERCHANT

16 MARINE TRAINING

‘‘Sec.

‘‘51701. United States Maritime Service.

‘‘51702. Civilian nautical schools.

‘‘51703. Additional training.

‘‘51704. Training for maritime oil pollution prevention, response, and clean-up.

17 ‘‘§ 51701. United States Maritime Service

18 ‘‘(a) GENERAL AUTHORITY.—The Secretary of Transportation may es19 tablish and maintain a voluntary organization, to be known as the United

20 States Maritime Service, for the training of citizens of the United States

21 to serve on merchant vessels of the United States.

22 ‘‘(b) SPECIFIC AUTHORITY.—The Secretary may—

23 ‘‘(1) determine the number of individuals to be enrolled for training

24 and reserve purposes in the Service;

25 ‘‘(2) fix the rates of pay and allowances of the individuals without

26 regard to chapter 51 or subchapter III of chapter 53 of title 5;

27 ‘‘(3) prescribe the course of study and the periods of training for the

28 Service; and

29 ‘‘(4) prescribe the uniform of the Service and the rules on providing

30 and wearing the uniform.

31 ‘‘(c) RANKS, GRADES, AND RATINGS.—The ranks, grades, and ratings for

32 personnel of the Service shall be the same as those prescribed for personnel

33 of the Coast Guard.

34 ‘‘(d) MEDALS AND AWARDS.—The Secretary may establish and maintain

35 a medals and awards program to recognize distinguished service, superior

36 achievement, professional performance, and other commendable achievement

37 by personnel of the Service.
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1 ‘‘§ 51702. Civilian nautical schools

2 ‘‘(a) DEFINITION.—In this section, the term ‘civilian nautical school’

3 means a school operated in the United States (except the United States

4 Merchant Marine Academy, a State maritime academy, or another school

5 operated by the United States Government) that offers instruction to indi6 viduals quartered on a vessel primarily to train them for service in the mer7 chant marine.

8 ‘‘(b) INSPECTION.—Each civilian nautical school is subject to inspection

9 by the Secretary of Transportation.

10 ‘‘(c) RATING AND CERTIFICATION.—The Secretary may, under regula11 tions the Secretary may prescribe, provide for the rating and certification

12 of civilian nautical schools as to the adequacy of their course of instruction,

13 the competence of their instructors, and the suitability of the equipment

14 used in their course of instruction.

15 ‘‘§ 51703. Additional training

16 ‘‘(a) GENERAL AUTHORITY.—The Secretary of Transportation may pro17 vide additional training on maritime subjects to supplement other training

18 opportunities and make the training available to the personnel of the mer19 chant marine of the United States and individuals preparing for a career

20 in the merchant marine of the United States.

21 ‘‘(b) EQUIPMENT, SUPPLIES, AND CONTRACTS.—The Secretary may—

22 ‘‘(1) prepare or buy equipment or supplies required for the additional

23 training; and

24 ‘‘(2) without regard to section 3709 of the Revised Statutes (41

25 U.S.C. 5), make contracts for services the Secretary considers nec26 essary to prepare the equipment and supplies and to supervise and ad27 minister the additional training.

28 ‘‘§ 51704. Training for maritime oil pollution prevention, re29 sponse, and clean-up

30 ‘‘(a) ASSISTANCE IN ESTABLISHING PROGRAM.—The Secretary of Trans31 portation shall assist maritime training institutions approved by the Sec32 retary in establishing a training program for maritime oil pollution preven33 tion, response, and clean-up.

34 ‘‘(b) PROVIDING TRAINING VESSELS.—Subject to subsection (c), the Sec35 retary may provide, with title free of all liens, to maritime training institu36 tions that have a program established under subsection (a), offshore supply

37 vessels and tug/supply vessels that were built in the United States and are

38 in the possession of the Maritime Administration because of a default on

39 a loan guaranteed under chapter 537 of this title.
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1 ‘‘(c) REQUIREMENTS.—In addition to any other requirements the Sec2 retary considers appropriate, the following requirements apply to vessels

3 provided under this section:

4 ‘‘(1) The vessel shall be offered to the institution at a location se5 lected by the Secretary.

6 ‘‘(2) The institution shall use the vessel to train students and appro7 priate maritime industry personnel in oil spill prevention, response,

8 clean-up, and related skills.

9 ‘‘(3) The institution shall make the vessel and qualified students

10 available to appropriate Federal, State, and local oil spill response au11 thorities when there is a maritime oil spill.

12 ‘‘(4) The institution may not sell, trade, charter, donate, scrap, or

13 in any way alter or dispose of the vessel without prior approval of the

14 Secretary.

15 ‘‘(5) The institution may not use the vessel in competition with a

16 privately-owned vessel documented under chapter 121 of this title or

17 titled under the law of a State, unless necessary to carry out this sec18 tion.

19 ‘‘(6) When the institution can no longer use the vessel for its train20 ing program, the institution shall return the vessel to the Secretary.

21 The Secretary shall take possession at the institution and thereafter

22 may provide the vessel to another institution under this section or dis23 pose of the vessel.

24 ‘‘CHAPTER 519—MERCHANT MARINE AWARDS

‘‘Sec.

‘‘51901. Awards for individual acts or service.

‘‘51902. Gallant Ship Award.

‘‘51903. Multiple awards.

‘‘51904. Presentation to representatives.

‘‘51905. Flags and grave markers.

‘‘51906. Special certificates for civilian service to armed forces.

‘‘51907. Manufacture and sale of awards and replacements.

‘‘51908. Prohibition against unauthorized manufacture, sale, possession, or display of awards.

25 ‘‘§ 51901. Awards for individual acts or service

26 ‘‘(a) GENERAL AUTHORITY.—The Secretary of Transportation may

27 award decorations and medals of appropriate design (including ribbons, rib28 bon bars, emblems, rosettes, miniature facsimiles, plaques, citations, or

29 other suitable devices or insignia) for individual acts or service in the mer30 chant marine of the United States. The design may be similar to the design

31 of a decoration or medal authorized for members of the armed forces for

32 similar acts or service.

33 ‘‘(b) SPECIFIC AUTHORITY.—The Secretary may award—

34 ‘‘(1) a Merchant Marine Distinguished Service Medal to an indi35 vidual for outstanding acts, conduct, or valor beyond the line of duty;
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1 ‘‘(2) a Merchant Marine Meritorious Service Medal to an individual

2 for meritorious acts, conduct, or valor in the line of duty, but not of

3 the outstanding character that would warrant the award of the Mer4 chant Marine Distinguished Service Medal;

5 ‘‘(3) a decoration or medal to an individual for service during a war,

6 national emergency proclaimed by the President or Congress, or oper7 ations by the armed forces outside the continental United States under

8 conditions of danger to life and property; and

9 ‘‘(4) a decoration or medal to an individual for other acts or service

10 of conspicuous gallantry, intrepidity, and extraordinary heroism under

11 conditions of danger to life and property that would warrant a similar

12 decoration or medal for a member of the armed forces.

13 ‘‘§ 51902. Gallant Ship Award

14 ‘‘(a) AWARDS TO VESSELS.—The Secretary of Transportation may award

15 a Gallant Ship Award and a citation to a vessel (including a foreign vessel)

16 participating in outstanding or gallant action in a marine disaster or other

17 emergency to save life or property at sea. The Secretary may award a

18 plaque to the vessel, and a replica of the plaque may be preserved as a per19 manent historical record.

20 ‘‘(b) AWARDS TO CREWS.—The Secretary of Transportation may award

21 an appropriate citation ribbon bar to the master and each individual serv22 ing, at the time of the action, on a vessel issued an award under subsection

23 (a).

24 ‘‘(c) CONSULTATION.—The Secretary of Transportation shall consult with

25 the Secretary of State before awarding an award or citation to a foreign

26 vessel or its crew under this section.

27 ‘‘§ 51903. Multiple awards

28 ‘‘An individual may not be awarded more than one of any type of decora29 tion or medal under this chapter. For each succeeding act or service justi30 fying the same decoration or medal, a suitable device may be awarded to

31 be worn with the decoration or medal.

32 ‘‘§ 51904. Presentation to representatives

33 ‘‘If an individual to be issued an award under this chapter is unable to

34 accept the award personally, the Secretary of Transportation may present

35 the award to an appropriate representative.

36 ‘‘§ 51905. Flags and grave markers

37 ‘‘Except as authorized under another law, the Secretary of Transpor38 tation may issue, at no cost, a flag of the United States and a grave marker

39 to the family or personal representative of a deceased individual who served

40 in the merchant marine of the United States in support of the armed forces

41 of the United States or its allies during a war or national emergency.
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1 ‘‘§ 51906. Special certificates for civilian service to armed

2 forces

3 ‘‘(a) GENERAL AUTHORITY.—The Maritime Administrator may issue a

4 special certificate to an individual, or the personal representative of an indi5 vidual, in recognition of service of that individual in the merchant marine

6 of the United States, if the service has been determined to be active duty

7 under section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–

8 202; 38 U.S.C. 106 note).

9 ‘‘(b) RELATIONSHIP TO OTHER LAWS.—Issuance of a certificate under

10 subsection (a) does not entitle an individual to any rights, privileges, or ben11 efits under a law of the United States.

12 ‘‘§ 51907. Manufacture and sale of awards and replacements

13 ‘‘The Secretary of Transportation may—

14 ‘‘(1) authorize private persons to manufacture decorations and med15 als authorized under this chapter or a prior law; and

16 ‘‘(2) provide at cost, or authorize private persons to sell at reason17 able prices, replacements for those decorations and medals.

18 ‘‘§ 51908. Prohibition against unauthorized manufacture,

19 sale, possession, or display of awards

20 ‘‘(a) PROHIBITION.—Except as authorized under this chapter, a person

21 may not manufacture, sell, possess, or display a decoration or medal pro22 vided for in this chapter.

23 ‘‘(b) CIVIL PENALTY.—A person violating this section is liable to the

24 United States Government for a civil penalty of not more than $2,000.

25 ‘‘CHAPTER 521—MISCELLANEOUS

‘‘Sec.

‘‘52101. Reemployment rights for certain merchant seamen.

26 ‘‘§ 52101. Reemployment rights for certain merchant seamen

27 ‘‘(a) IN GENERAL.—An individual who is certified by the Secretary of

28 Transportation under subsection (c) shall be entitled to reemployment rights

29 and other benefits substantially equivalent to the rights and benefits pro30 vided for by chapter 43 of title 38 for any member of a reserve component

31 of the armed forces of the United States who is ordered to active duty.

32 ‘‘(b) TIME FOR APPLICATION.—An individual may submit an application

33 for certification under subsection (c) to the Secretary not later than 45 days

34 after the date the individual completes a period of employment described in

35 subsection (c)(1)(A) with respect to which the application is submitted.

36 ‘‘(c) CERTIFICATION DETERMINATION.—Not later than 20 days after the

37 date the Secretary receives from an individual an application for certifi38 cation under this subsection, the Secretary shall—

39 ‘‘(1) determine whether the individual—

40 ‘‘(A) was employed in the activation or operation of a vessel—
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1 ‘‘(i) in the National Defense Reserve Fleet maintained

2 under section 11 of the Merchant Ship Sales Act of 1946 (50

3 App. U.S.C. 1744) in a period in which the vessel was in use

4 or being activated for use under subsection (b) of that sec5 tion;

6 ‘‘(ii) requisitioned or purchased under chapter 563 of this

7 title; or

8 ‘‘(iii) owned, chartered, or controlled by the United States

9 Government and used by the Government for a war, armed

10 conflict, national emergency, or maritime mobilization need

11 (including for training purposes or testing for readiness and

12 suitability for mission performance); and

13 ‘‘(B) during the period of that employment, possessed a valid

14 license, certificate of registry, or merchant mariner’s document

15 issued under chapter 71 or 73 of this title; and

16 ‘‘(2) if the Secretary makes affirmative determinations under para17 graph (1)(A) and (B), certify that individual under this subsection.

18 ‘‘(d) EQUIVALENCE TO MILITARY SELECTIVE SERVICE ACT CERTIFI19 CATE.—For purposes of reemployment rights and benefits provided by this

20 section, a certification under subsection (c) shall be considered to be the

21 equivalent of a certificate described in section 9(a) of the Military Selective

22 Service Act (50 App. U.S.C. 459(a)).

23 ‘‘PART C—FINANCIAL ASSISTANCE PROGRAMS’’.

24 (c) CHAPTERS FOLLOWING CHAPTER 531.—Subtitle V of title 46, United

25 States Code, is amended by adding at the end the following:

26 ‘‘CHAPTER 533—CONSTRUCTION RESERVE FUNDS

‘‘Sec.

‘‘53301. Definitions.

‘‘53302. Authority for construction reserve funds.

‘‘53303. Persons eligible to establish funds.

‘‘53304. Vessel ownership.

‘‘53305. Eligible fund deposits.

‘‘53306. Recognition of gain for tax purposes.

‘‘53307. Basis for determining gain or loss and for depreciating new vessels.

‘‘53308. Order and proportions of deposits and withdrawals.

‘‘53309. Accumulation of deposits.

‘‘53310. Obligation of deposits and period for construction of certain vessels.

‘‘53311. Taxation of deposits on failure of conditions.

‘‘53312. Assessment and collection of deficiency tax.

27 ‘‘§ 53301. Definitions

28 ‘‘(a) IN GENERAL.—In this chapter:

29 ‘‘(1) CONSTRUCTION CONTRACT.—The term ‘construction contract’

30 includes, for a taxpayer constructing a new vessel in a shipyard owned

31 by that taxpayer, an agreement between the taxpayer and the Secretary

32 of Transportation for that construction containing provisions the Sec33 retary considers advisable to carry out this chapter.
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1 ‘‘(2) NEW VESSEL.—The term ‘new vessel’ means—

2 ‘‘(A) a vessel—

3 ‘‘(i) constructed in the United States after December 31,

4 1939, constructed with a construction-differential subsidy

5 under title V of the Merchant Marine Act, 1936, or con6 structed with financing or a financing guarantee under chap7 ter 537 or 575 of this title;

8 ‘‘(ii) documented or agreed with the Secretary to be docu9 mented under the laws of the United States; and

10 ‘‘(iii)(I) of a type, size, and speed that the Secretary deter11 mines is suitable for use on the high seas or Great Lakes in

12 carrying out this subtitle, but not less than 2,000 gross tons

13 or less than 12 knots speed unless the Secretary certifies in

14 each case that a vessel of lesser tonnage or speed is desirable

15 for use by the United States Government in case of war or

16 national emergency; or

17 ‘‘(II) constructed to replace a vessel bought or requisitioned

18 by the Government; and

19 ‘‘(B) a vessel reconstructed or reconditioned for use only on the

20 Great Lakes, including the Saint Lawrence River and Gulf, if the

21 Secretary finds that the reconstruction or reconditioning will pro22 mote the objectives of this subtitle.

23 ‘‘(b) ADDITIONAL TAX-RELATED TERMS.—Other terms used in this

24 chapter have the same meaning as in chapter 1 of the Internal Revenue

25 Code of 1986 (26 U.S.C. ch. 1).

26 ‘‘§ 53302. Authority for construction reserve funds

27 ‘‘(a) GENERAL AUTHORITY.—An eligible person under section 53303 of

28 this title may establish a construction reserve fund for the construction, re29 construction, reconditioning, or acquisition of a new vessel or for other pur30 poses authorized by this chapter.

31 ‘‘(b) APPLICATION OF CERTAIN LAWS AND REGULATIONS.—The fund

32 shall be established, maintained, expended, and used as provided by this

33 chapter and regulations prescribed jointly by the Secretary of Transpor34 tation and the Secretary of the Treasury.

35 ‘‘§ 53303. Persons eligible to establish funds

36 ‘‘A construction reserve fund may be established by a citizen of the

37 United States that—

38 ‘‘(1) is operating a vessel in the foreign or domestic commerce of the

39 United States or in the fisheries;

40 ‘‘(2) owns, in whole or in part, a vessel being operated in the foreign

41 or domestic commerce of the United States or in the fisheries;
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1 ‘‘(3) was operating a vessel in the foreign or domestic commerce of

2 the United States or in the fisheries when it was bought or requi3 sitioned by the United States Government;

4 ‘‘(4) owned, in whole or in part, a vessel being operated in the for5 eign or domestic commerce of the United States or in the fisheries

6 when it was bought or requisitioned by the Government; or

7 ‘‘(5) had acquired or was having constructed a vessel to operate in

8 the foreign or domestic commerce of the United States or in the fish9 eries when it was bought or requisitioned by the Government.

10 ‘‘§ 53304. Vessel ownership

11 ‘‘In this chapter, a vessel is deemed to be constructed or acquired by a

12 taxpayer if constructed or acquired by a corporation when the taxpayer

13 owns at least 95 percent of each class of stock of the corporation.

14 ‘‘§ 53305. Eligible fund deposits

15 ‘‘A construction reserve fund may include deposits of—

16 ‘‘(1) the proceeds from the sale of a vessel;

17 ‘‘(2) indemnities for the loss of a vessel;

18 ‘‘(3) earnings from the operation of a documented vessel and from

19 services incident to the operation; and

20 ‘‘(4) interest or other amounts accrued on deposits in the fund.

21 ‘‘§ 53306. Recognition of gain for tax purposes

22 ‘‘(a) DEFINITIONS.—In this section, the terms ‘net proceeds’ and ‘net in23 demnity’ mean the sum of—

24 ‘‘(1) the adjusted basis of the vessel; and

25 ‘‘(2) the amount of gain the taxpayer would recognize without regard

26 to this section.

27 ‘‘(b) RECOGNITION OF GAIN.—In computing net income under the income

28 or excess profits tax laws of the United States, a taxpayer does not recog29 nize a gain on the sale or the actual or constructive total loss of a vessel

30 if the taxpayer—

31 ‘‘(1) deposits an amount equal to the net proceeds of the sale or the

32 net indemnity for the loss in a construction reserve fund within 60 days

33 after receiving the payment of proceeds or indemnity; and

34 ‘‘(2) elects under this section not to recognize the gain.

35 ‘‘(c) WHEN ELECTION MUST BE MADE.—

36 ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the tax37 payer must make the election referred to in subsection (b) in the tax38 payer’s income tax return for the taxable year in which the gain was

39 realized.

40 ‘‘(2) RECEIPT AFTER TAXABLE YEAR.—If the vessel is bought or

41 requisitioned by the United States Government, or is lost, and the tax-
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1 payer receives payment for the vessel or indemnity for the loss from

2 the Government after the end of the taxable year in which it was

3 bought, requisitioned, or lost, the taxpayer must make the election re4 ferred to in subsection (b) within 60 days after receiving the payment

5 or indemnity, on a form prescribed by the Secretary of the Treasury.

6 ‘‘(d) EFFECT OF STATUTE OF LIMITATION.—If the taxpayer makes an

7 election under subsection (c)(2), and computation or recomputation under

8 this section is otherwise allowable but is prevented by a statute of limitation

9 on the date the election is made or within 6 months thereafter, the com10 putation or recomputation nevertheless shall be made notwithstanding the

11 statute if the taxpayer files a claim for the computation or recomputation

12 within 6 months after the date of making the election.

13 ‘‘§ 53307. Basis for determining gain or loss and for depre14 ciating new vessels

15 ‘‘Under the income or excess profits tax laws of the United States, the

16 basis for determining a gain or loss and for depreciation of a new vessel

17 constructed, reconstructed, reconditioned, or acquired by the taxpayer, or

18 for which purchase-money indebtedness is liquidated as provided in section

19 53310 of this title, with amounts from a construction reserve fund, shall

20 be reduced by that part of the deposits in the fund expended in the con21 struction, reconstruction, reconditioning, acquisition, or liquidation of pur22 chase-money indebtedness of the new vessel that represents a gain not rec23 ognized for tax purposes under section 53306 of this title.

24 ‘‘§ 53308. Order and proportions of deposits and with25 drawals

26 ‘‘In this chapter—

27 ‘‘(1) if the net proceeds of a sale or the net indemnity for a loss is

28 deposited in more than one deposit, the amount consisting of the gain

29 shall be deemed to be deposited first;

30 ‘‘(2) amounts expended, obligated, or otherwise withdrawn shall be

31 applied against the amounts deposited in the fund in the order of de32 posit; and

33 ‘‘(3) if a deposit consists in part of a gain not recognized under sec34 tion 53306 of this title, any expenditure, obligation, or withdrawal ap35 plied against that deposit shall be deemed to be a gain in the propor36 tion that the part of the deposit consisting of a gain bears to the total

37 amount of the deposit.

38 ‘‘§ 53309. Accumulation of deposits

39 ‘‘For any taxable year, amounts on deposit in a construction reserve fund

40 on the last day of the taxable year, for which the requirements of section

41 53310 of this title have been satisfied (to the extent they apply on the last
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1 day of the taxable year), are deemed to have been retained for the reason2 able needs of the business within the meaning of section 537(a) of the Inter3 nal Revenue Code of 1986 (26 U.S.C. 537(a)).

4 ‘‘§ 53310. Obligation of deposits and period for construction

5 of certain vessels

6 ‘‘(a) APPLICATION OF SECTIONS 53306 AND 53309.—Sections 53306 and

7 53309 of this title apply to a deposit in a construction reserve fund only

8 if, within 3 years after the date of the deposit (and any extension under

9 subsection (c))—

10 ‘‘(1)(A) a contract is made for the construction or acquisition of a

11 new vessel or, with the approval of the Secretary of Transportation, for

12 a part interest in a new vessel or for the reconstruction or recondi13 tioning of a new vessel;

14 ‘‘(B) the deposit is expended or obligated for expenditure under that

15 contract;

16 ‘‘(C) at least 12.5 percent of the construction or contract price of

17 the vessel is paid or irrevocably committed for payment; and

18 ‘‘(D) the plans and specifications for the vessel are approved by the

19 Secretary to the extent the Secretary considers necessary; or

20 ‘‘(2) the deposit is expended or obligated for expenditure for the liq21 uidation of existing or subsequently incurred purchase-money indebted22 ness to a person not a parent company of, or a company affiliated or

23 associated with, the mortgagor on a new vessel.

24 ‘‘(b) ADDITIONAL REQUIREMENTS FOR CERTAIN VESSELS.—In addition

25 to the requirements of subsection (a)(1), for a vessel not constructed under

26 a construction-differential subsidy contract or not bought from the Sec27 retary of Transportation—

28 ‘‘(1) at least 5 percent of the construction (or, if the contract covers

29 more than one vessel, at least 5 percent of the construction of the first

30 vessel) must be completed within 6 months after the date of the con31 struction contract (or within the period of an extension under sub32 section (c)), as estimated by the Secretary and certified by the Sec33 retary to the Secretary of the Treasury; and

34 ‘‘(2) construction under the contract must be completed with reason35 able dispatch thereafter.

36 ‘‘(c) EXTENSIONS.—The Secretary of Transportation may grant exten37 sions of the period within which the deposits must be expended or obligated

38 or within which the construction must have progressed to the extent of 5

39 percent completion under this section. However, the extensions may not be

40 for a total of more than 2 years for the expenditure or obligation of deposits

41 or one year for the progress of construction.
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1 ‘‘§ 53311. Taxation of deposits on failure of conditions

2 ‘‘A deposited gain, if otherwise taxable income under the law applicable

3 to the taxable year in which the gain was realized, shall be included in gross

4 income for that taxable year, except for purposes of the declared value ex5 cess profits tax and the capital stock tax, if—

6 ‘‘(1) the deposited gain is not expended or obligated within the ap7 propriate period under section 53310 of this title;

8 ‘‘(2) the deposited gain is withdrawn before the end of that period;

9 ‘‘(3) the construction related to that deposited gain has not pro10 gressed to the extent of 5 percent of completion within the appropriate

11 period under section 53310 of this title; or

12 ‘‘(4) the Secretary of Transportation finds and certifies to the Sec13 retary of the Treasury that, for causes within the control of the tax14 payer, the entire construction related to that deposited gain is not com15 pleted with reasonable dispatch.

16 ‘‘§ 53312. Assessment and collection of deficiency tax

17 ‘‘Notwithstanding any other provision of law, a deficiency in tax for a tax18 able year resulting from the inclusion of an amount in gross income as pro19 vided by section 53311 of this title, and the amount to be treated as a defi20 ciency under section 53311 instead of as an adjustment for the declared

21 value excess profits tax, may be assessed or a civil action may be brought

22 to collect the deficiency without assessment, at any time. Interest on a defi23 ciency or amount to be treated as a deficiency does not begin until the date

24 the deposited gain or part of the deposited gain in question is required to

25 be included in gross income under section 51111.

26 ‘‘CHAPTER 535—CAPITAL CONSTRUCTION FUNDS

‘‘Sec.

‘‘53501. Definitions.

‘‘53502. Regulations.

‘‘53503. Establishing a capital construction fund.

‘‘53504. Deposits and withdrawals.

‘‘53505. Ceiling on deposits.

‘‘53506. Investment and fiduciary requirements.

‘‘53507. Nontaxation of deposits.

‘‘53508. Separate accounts within a fund.

‘‘53509. Qualified withdrawals.

‘‘53510. Tax treatment of qualified withdrawals and basis of property.

‘‘53511. Tax treatment of nonqualified withdrawals.

‘‘53512. FIFO and LIFO withdrawals.

‘‘53513. Corporate reorganizations and partnership changes.

‘‘53514. Relationship of old fund to new fund.

‘‘53515. Records and reports.

‘‘53516. Termination of agreement after change in regulations.

‘‘53517. Reports.

27 ‘‘§ 53501. Definitions

28 ‘‘In this chapter:

29 ‘‘(1) AGREEMENT VESSEL.—The term ‘agreement vessel’ means—
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1 ‘‘(A) an eligible vessel or a qualified vessel that is subject to an

2 agreement under this chapter; and

3 ‘‘(B) a barge or container that is part of the complement of a

4 vessel described in subclause (A) if provided for in the agreement.

5 ‘‘(2) ELIGIBLE VESSEL.—The term ‘eligible vessel’ means—

6 ‘‘(A) a vessel—

7 ‘‘(i) constructed in the United States (and, if recon8 structed, reconstructed in the United States), constructed

9 outside the United States but documented under the laws of

10 the United States on April 15, 1970, or constructed outside

11 the United States for use in the United States foreign trade

12 pursuant to a contract made before April 15, 1970;

13 ‘‘(ii) documented under the laws of the United States; and

14 ‘‘(iii) operated in the foreign or domestic trade of the

15 United States or in the fisheries of the United States; and

16 ‘‘(B) a commercial fishing vessel—

17 ‘‘(i) constructed in the United States and, if reconstructed,

18 reconstructed in the United States;

19 ‘‘(ii) of at least 2 net tons but less than 5 net tons;

20 ‘‘(iii) owned by a citizen of the United States;

21 ‘‘(iv) having its home port in the United States; and

22 ‘‘(v) operated in the commercial fisheries of the United

23 States.

24 ‘‘(3) JOINT REGULATIONS.—The term ‘joint regulations’ means reg25 ulations prescribed jointly by the Secretary and the Secretary of the

26 Treasury under section 53502(b) of this title.

27 ‘‘(4) NONCONTIGUOUS TRADE.—The term ‘noncontiguous trade’

28 means—

29 ‘‘(A) trade between—

30 ‘‘(i) one of the contiguous 48 States; and

31 ‘‘(ii) Alaska, Hawaii, Puerto Rico, or an insular territory

32 or possession of the United States; and

33 ‘‘(B) trade between—

34 ‘‘(i) a place in Alaska, Hawaii, Puerto Rico, or an insular

35 territory or possession of the United States; and

36 ‘‘(ii) another place in Alaska, Hawaii, Puerto Rico, or an

37 insular territory or possession of the United States.

38 ‘‘(5) QUALIFIED VESSEL.—The term ‘qualified vessel’ means—

39 ‘‘(A) a vessel—

40 ‘‘(i) constructed in the United States (and, if recon41 structed, reconstructed in the United States), constructed
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1 outside the United States but documented under the laws of

2 the United States on April 15, 1970, or constructed outside

3 the United States for use in the United States foreign trade

4 pursuant to a contract made before April 15, 1970;

5 ‘‘(ii) documented under the laws of the United States; and

6 ‘‘(iii) agreed, between the Secretary and the person main7 taining the capital construction fund established under sec8 tion 53503 of this title, to be operated in the United States

9 foreign, Great Lakes, or noncontiguous domestic trade or in

10 the fisheries of the United States; and

11 ‘‘(B) a commercial fishing vessel—

12 ‘‘(i) constructed in the United States and, if reconstructed,

13 reconstructed in the United States;

14 ‘‘(ii) of at least 2 net tons but less than 5 net tons;

15 ‘‘(iii) owned by a citizen of the United States;

16 ‘‘(iv) having its home port in the United States; and

17 ‘‘(v) operated in the commercial fisheries of the United

18 States.

19 ‘‘(6) SECRETARY.—The term ‘Secretary’ means—

20 ‘‘(A) the Secretary of Commerce with respect to an eligible ves21 sel or a qualified vessel operated or to be operated in the fisheries

22 of the United States; and

23 ‘‘(B) the Secretary of Transportation with respect to other ves24 sels.

25 ‘‘(7) UNITED STATES FOREIGN TRADE.—The term ‘United States

26 foreign trade’ includes those areas in domestic trade in which a vessel

27 built with a construction-differential subsidy is allowed to operate

28 under the first sentence of section 506 of the Merchant Marine Act,

29 1936.

30 ‘‘(8) VESSEL.—The term ‘vessel’ includes—

31 ‘‘(A) cargo handling equipment that the Secretary determines is

32 intended for use primarily on the vessel; and

33 ‘‘(B) an ocean-going towing vessel, an ocean-going barge, or a

34 comparable towing vessel or barge operated on the Great Lakes.

35 ‘‘§ 53502. Regulations

36 ‘‘(a) IN GENERAL.—Except as provided in subsection (b), the Secretary

37 shall prescribe regulations to carry out this chapter.

38 ‘‘(b) TAX LIABILITY.—The Secretary and the Secretary of the Treasury

39 shall prescribe joint regulations for the determination of tax liability under

40 this chapter.
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1 ‘‘§ 53503. Establishing a capital construction fund

2 ‘‘(a) IN GENERAL.—A citizen of the United States owning or leasing an

3 eligible vessel may make an agreement with the Secretary under this chap4 ter to establish a capital construction fund for the vessel.

5 ‘‘(b) ALLOWABLE PURPOSE.—The purpose of the agreement shall be to

6 provide replacement vessels, additional vessels, or reconstructed vessels,

7 built in the United States and documented under the laws of the United

8 States, for operation in the United States foreign, Great Lakes, or non9 contiguous domestic trade or in the fisheries of the United States.

10 ‘‘§ 53504. Deposits and withdrawals

11 ‘‘(a) REQUIRED DEPOSITS.—An agreement to establish a capital con12 struction fund shall provide for the deposit in the fund of the amounts

13 agreed to be appropriate to provide for qualified withdrawals under section

14 53509 of this title.

15 ‘‘(b) APPLICABLE REQUIREMENTS.—Deposits in and withdrawals from

16 the fund are subject to the requirements included in the agreement or pre17 scribed by the Secretary by regulation. However, the Secretary may not re18 quire a person to deposit in the fund for a taxable year more than 50 per19 cent of that portion of the person’s taxable income for that year (as deter20 mined under section 53505(a)(1) of this title) that is attributable to the op21 eration of an agreement vessel.

22 ‘‘§ 53505. Ceiling on deposits

23 ‘‘(a) MAXIMUM DEPOSITS.—The amount deposited in a capital construc24 tion fund for a taxable year may not exceed the sum of—

25 ‘‘(1) that portion of the taxable income of the owner or lessee for

26 the taxable year (computed under chapter 1 of the Internal Revenue

27 Code of 1986 (26 U.S.C. ch. 1) but without regard to the carryback

28 of net operating loss or net capital loss or this chapter) that is attrib29 utable to the operation of agreement vessels in the foreign or domestic

30 trade of the United States or in the fisheries of the United States;

31 ‘‘(2) the amount allowable as a deduction under section 167 of such

32 Code (26 U.S.C. 167) for the taxable year for agreement vessels;

33 ‘‘(3) if the transaction is not taken into account for purposes of

34 clause (1), the net proceeds (as defined in joint regulations) from the

35 disposition of an agreement vessel or from insurance or indemnity at36 tributable to an agreement vessel; and

37 ‘‘(4) the receipts from the investment or reinvestment of amounts

38 held in the fund.

39 ‘‘(b) REDUCTIONS FOR LESSEES.—For a lessee, the maximum amount

40 that may be deposited for an agreement vessel under subsection (a)(2) for

41 any period shall be reduced by any amount the owner is required or per-
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1 mitted, under the capital construction fund agreement, to deposit for that

2 period for the vessel under subsection (a)(2).

3 ‘‘§ 53506. Investment and fiduciary requirements

4 ‘‘(a) IN GENERAL.—Amounts in a capital construction fund shall be kept

5 in the depository specified in the agreement and shall be subject to trustee

6 and other fiduciary requirements prescribed by the Secretary. Except as

7 provided in subsection (b), amounts in the fund may be invested only in in8 terest-bearing securities approved by the Secretary.

9 ‘‘(b) STOCK INVESTMENTS.—

10 ‘‘(1) IN GENERAL.—With the approval of the Secretary, an agreed

11 percentage (but not more than 60 percent) of the assets of the fund

12 may be invested in the stock of domestic corporations that—

13 ‘‘(A) is fully listed and registered on an exchange registered

14 with the Securities and Exchange Commission as a national secu15 rities exchange; and

16 ‘‘(B) would be acquired by a prudent investor seeking a reason17 able income and the preservation of capital.

18 ‘‘(2) PREFERRED STOCK.—The preferred stock of a corporation is

19 deemed to satisfy the requirements of this subsection, even though it

20 may not be registered and listed because it is nonvoting stock, if the

21 common stock of the corporation satisfies the requirements and the

22 preferred stock otherwise would satisfy the requirements.

23 ‘‘(c) MAINTAINING AGREED PERCENTAGE.—If at any time the fair mar24 ket value of the stock in the fund is more than the agreed percentage of

25 the assets in the fund, any subsequent investment of amounts deposited in

26 the fund, and any subsequent withdrawal from the fund, shall be made in

27 a way that tends to restore the fair market value of the stock to not more

28 than the agreed percentage.

29 ‘‘§ 53507. Nontaxation of deposits

30 ‘‘(a) TAX TREATMENT.—Subject to subsection (b), under the Internal

31 Revenue Code of 1986 (26 U.S.C. 1 et seq.)—

32 ‘‘(1) taxable income (determined without regard to this chapter and

33 section 7518 of such Code (26 U.S.C. 7518)) for the taxable year shall

34 be reduced by the amount deposited for the taxable year out of

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

36 ‘‘(2) a gain from a transaction referred to in section 53505(a)(3) of

37 this title shall not be taken into account if an amount equal to the net

38 proceeds (as defined in joint regulations) from the transaction is depos39 ited in the fund;
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1 ‘‘(3) the earnings (including gains and losses) from the investment

2 and reinvestment of amounts held in the fund shall not be taken into

3 account;

4 ‘‘(4) the earnings and profits of a corporation (within the meaning

5 of section 316 of such Code (26 U.S.C. 316)) shall be determined with6 out regard to this chapter and section 7518 of such Code (26 U.S.C.

7 7518); and

8 ‘‘(5) in applying the tax imposed by section 531 of such Code (26

9 U.S.C. 531), amounts held in the fund shall not be taken into account.

10 ‘‘(b) CONDITION.—This section applies to an amount only if the amount

11 is deposited in the fund under the agreement within the time provided in

12 joint regulations.

13 ‘‘§ 53508. Separate accounts within a fund

14 ‘‘(a) IN GENERAL.—A capital construction fund shall have three ac15 counts:

16 ‘‘(1) The capital account.

17 ‘‘(2) The capital gain account.

18 ‘‘(3) The ordinary income account.

19 ‘‘(b) CAPITAL ACCOUNT.—The capital account shall consist of—

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

21 ‘‘(2) amounts referred to in section 53505(a)(3) of this title, except

22 that portion representing a gain not taken into account because of sec23 tion 53507(a)(2) of this title;

24 ‘‘(3) the percentage applicable under section 243(a)(1) of the Inter25 nal Revenue Code of 1986 (26 U.S.C. 243(a)(1)) of any dividend re26 ceived by the fund for which the person maintaining the fund would

27 be allowed (were it not for section 53507(a)(3) of this title) a deduction

28 under section 243 of such Code (26 U.S.C. 243); and

29 ‘‘(4) interest income exempt from taxation under section 103 of such

30 Code (26 U.S.C. 103).

31 ‘‘(c) CAPITAL GAIN ACCOUNT.—The capital gain account shall consist

32 of—

33 ‘‘(1) amounts representing capital gains on assets held for more than

34 6 months and referred to in section 53505(a)(3) or (4) of this title;

35 minus

36 ‘‘(2) amounts representing capital losses on assets held in the fund

37 for more than 6 months.

38 ‘‘(d) ORDINARY INCOME ACCOUNT.—The ordinary income account shall

39 consist of—

40 ‘‘(1) amounts referred to in section 53505(a)(1) of this title;
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1 ‘‘(2)(A) amounts representing capital gains on assets held for not

2 more than 6 months and referred to in section 53505(a)(3) or (4) of

3 this title; minus

4 ‘‘(B) amounts representing capital losses on assets held in the fund

5 for not more than 6 months;

6 ‘‘(3) interest (except tax-exempt interest referred to in subsection

7 (b)(4)) and other ordinary income (except any dividend referred to in

8 clause (5)) received on assets held in the fund;

9 ‘‘(4) ordinary income from a transaction described in section

10 53505(a)(3) of this title; and

11 ‘‘(5) that portion of any dividend referred to in subsection (b)(3) not

12 taken into account under subsection (b)(3).

13 ‘‘(e) WHEN LOSSES ALLOWED.—Except on termination of a fund, capital

14 losses referred to in subsection (c) or (d)(2) shall be allowed only as an off15 set to gains referred to in subsection (c) or (d)(2), respectively.

16 ‘‘§ 53509. Qualified withdrawals

17 ‘‘(a) IN GENERAL.—Subject to subsection (b), a withdrawal from a cap18 ital construction fund is a qualified withdrawal if it is made under the terms

19 of the agreement and is for—

20 ‘‘(1) the acquisition, construction, or reconstruction of a qualified

21 vessel or a barge or container that is part of the complement of a quali22 fied vessel; or

23 ‘‘(2) the payment of the principal on indebtedness incurred in the

24 acquisition, construction, or reconstruction of a qualified vessel or a

25 barge or container that is part of the complement of a qualified vessel.

26 ‘‘(b) BARGES AND CONTAINERS.—Except as provided in regulations pre27 scribed by the Secretary, subsection (a) applies to a barge or container only

28 if it is constructed in the United States.

29 ‘‘(c) TREATMENT AS NONQUALIFIED WITHDRAWAL.—Under joint regula30 tions, if the Secretary determines that a substantial obligation under an

31 agreement is not being fulfilled, the Secretary, after notice and opportunity

32 for a hearing to the person maintaining the fund, may treat any amount

33 in the fund as an amount withdrawn from the fund in a nonqualified with34 drawal.

35 ‘‘§ 53510. Tax treatment of qualified withdrawals and basis

36 of property

37 ‘‘(a) ORDER OF WITHDRAWALS.—A qualified withdrawal from a capital

38 construction fund shall be treated as made—

39 ‘‘(1) first from the capital account;

40 ‘‘(2) second from the capital gain account; and

41 ‘‘(3) third from the ordinary income account.
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1 ‘‘(b) ORDINARY INCOME ACCOUNT WITHDRAWALS.—If a portion of a

2 qualified withdrawal for a vessel, barge, or container is made from the ordi3 nary income account, the basis of the vessel, barge, or container shall be

4 reduced by an amount equal to that portion.

5 ‘‘(c) CAPITAL GAIN ACCOUNT WITHDRAWALS.—If a portion of a qualified

6 withdrawal for a vessel, barge, or container is made from the capital gain

7 account, the basis of the vessel, barge, or container shall be reduced by an

8 amount equal to that portion.

9 ‘‘(d) WITHDRAWALS TO PAY PRINCIPAL.—If a portion of a qualified

10 withdrawal to pay the principal on indebtedness is made from the ordinary

11 income account or the capital gain account, an amount equal to the total

12 reduction that would be required by subsections (b) and (c) if the with13 drawal were a qualified withdrawal for a purpose described in those sub14 sections shall be applied, in the order provided in joint regulations, to re15 duce the basis of vessels, barges, and containers owned by the person main16 taining the fund. The remaining amount of the withdrawal shall be treated

17 as a nonqualified withdrawal.

18 ‘‘(e) GAIN ON PROPERTY WITH REDUCED BASIS.—If property, the basis

19 of which was reduced under subsection (b), (c), or (d), is disposed of, any

20 gain realized on the disposition, to the extent it does not exceed the total

21 reduction in the basis of the property under those subsections, shall be

22 treated as an amount referred to in section 53511(c)(1) of this title with23 drawn on the date of disposition of the property. Subject to conditions pre24 scribed in joint regulations, this subsection does not apply to a disposition

25 if there is a redeposit, in an amount determined under joint regulations,

26 that restores the fund as far as practicable to the position it was in before

27 the withdrawal.

28 ‘‘§ 53511. Tax treatment of nonqualified withdrawals

29 ‘‘(a) IN GENERAL.—Except as provided in section 53513 of this title, a

30 withdrawal from a fund that is not a qualified withdrawal shall be treated

31 as a nonqualified withdrawal.

32 ‘‘(b) ORDER OF WITHDRAWALS.—A nonqualified withdrawal shall be

33 treated as made—

34 ‘‘(1) first from the ordinary income account;

35 ‘‘(2) second from the capital gain account; and

36 ‘‘(3) third from the capital account.

37 ‘‘(c) TAX TREATMENT.—For purposes of the Internal Revenue Code of

38 1986 (26 U.S.C. 1 et seq.)—

39 ‘‘(1) a nonqualified withdrawal from the ordinary income account

40 shall be included in income as an item of ordinary income for the tax41 able year in which the withdrawal is made;
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1 ‘‘(2) a nonqualified withdrawal from the capital gain account shall

2 be included in income for the taxable year in which the withdrawal is

3 made as an item of gain realized during that year from the disposition

4 of an asset held for more than 6 months; and

5 ‘‘(3) for the period through the last date prescribed for payment of

6 tax for the taxable year in which the withdrawal is made—

7 ‘‘(A) no interest shall be payable under section 6601 of such

8 Code (26 U.S.C. 6601) and no addition to the tax shall be payable

9 under section 6651 of such Code (26 U.S.C. 6651);

10 ‘‘(B) interest on the amount of the additional tax attributable

11 to an amount treated as a nonqualified withdrawal from the ordi12 nary income account or the capital gain account shall be paid at

13 the rate determined under subsection (d) from the last date pre14 scribed for payment of the tax for the taxable year for which the

15 amount was deposited in the fund; and

16 ‘‘(C) no interest shall be payable on amounts treated as with17 drawn on a last-in-first-out basis under section 53512 of this title.

18 ‘‘(d) INTEREST RATE.—The rate of interest under subsection (c)(3)(B)

19 for a nonqualified withdrawal made in a taxable year beginning after 1971

20 shall be determined and published jointly by the Secretary and the Secretary

21 of the Treasury. The rate shall be such that its relationship to 8 percent

22 is comparable, as determined by the Secretaries under joint regulations, to

23 the relationship between—

24 ‘‘(1) the money rates and investment yields for the calendar year im25 mediately before the beginning of the taxable year; and

26 ‘‘(2) the money rates and investment yields for the calendar year

27 1970.

28 ‘‘(e) NONQUALIFIED WITHDRAWALS.—

29 ‘‘(1) IN GENERAL.—The following applicable percentage of any

30 amount that remains in a capital construction fund at the close of the

31 following specified taxable year following the taxable year for which the

32 amount was deposited shall be treated as a nonqualified withdrawal:

‘‘If the amount remains in the fund at The applicable

the close of the— percentage is—

‘‘26th taxable year ........................................................................................... 20 percent

‘‘27th taxable year ........................................................................................... 40 percent

‘‘28th taxable year ........................................................................................... 60 percent

‘‘29th taxable year ........................................................................................... 80 percent

‘‘30th taxable year ........................................................................................... 100 percent.

33 ‘‘(2) EARNINGS.—The earnings of a capital construction fund for

34 any taxable year (except net gains) shall be treated under this sub35 section as an amount deposited for the taxable year.
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1 ‘‘(3) CONTRACT FOR QUALIFIED WITHDRAWAL.—Under paragraph

2 (1), an amount shall not be treated as remaining in a capital construc3 tion fund at the close of a taxable year to the extent there is a binding

4 contract at the close of the taxable year for a qualified withdrawal of

5 the amount for an identified item for which the withdrawal may be

6 made.

7 ‘‘(4) EXCESS EARNINGS.—If the Secretary determines that the

8 balance in a capital construction fund exceeds the amount appropriate

9 to meet the vessel construction program objectives of the person that

10 established the fund, the amount of the excess shall be treated as a

11 nonqualified withdrawal under paragraph (1) unless the person devel12 ops appropriate program objectives within 3 years to dissipate the ex13 cess.

14 ‘‘(5) AMOUNTS IN FUND ON JANUARY 1, 1987.—Under this sub15 section, amounts in a capital construction fund on January 1, 1987,

16 shall be treated as having been deposited in that fund on that date.

17 ‘‘(f) TAX DETERMINATIONS.—

18 ‘‘(1) IN GENERAL.—For a taxable year for which there is a non19 qualified withdrawal (including an amount treated as a nonqualified

20 withdrawal under subsection (e)), the tax imposed by chapter 1 of the

21 Internal Revenue Code of 1986 (26 U.S.C. ch. 1) shall be determined

22 by—

23 ‘‘(A) excluding the withdrawal from gross income; and

24 ‘‘(B) increasing the tax imposed by chapter 1 of such Code by

25 the product of the amount of the withdrawal and the highest tax

26 rate specified in section 1 (or section 11 for a corporation) of such

27 Code (26 U.S.C. 1, 11).

28 ‘‘(2) MAXIMUM TAX RATE.—For that portion of a nonqualified with29 drawal made from the capital gain account during a taxable year to

30 which section 1(h) or 1201(a) of such Code (26 U.S.C. 1(h), 1201(a))

31 applies, the tax rate used under subparagraph (A)(ii) may not exceed

32 15 percent (or 34 percent for a corporation).

33 ‘‘(3) TAX BENEFIT RULE.—If any portion of a nonqualified with34 drawal is properly attributable to deposits (except earnings on deposits)

35 made by the taxpayer in a taxable year that did not reduce the tax36 payer’s liability for tax under chapter 1 of such Code (26 U.S.C. ch.

37 1) for a taxable year before the taxable year in which the withdrawal

38 occurs—

39 ‘‘(A) that portion shall not be taken into account under para40 graph (1); and
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1 ‘‘(B) an amount equal to that portion shall be allowed as a de2 duction under section 172 of such Code (26 U.S.C. 172) for the

3 taxable year in which the withdrawal occurs.

4 ‘‘(4) COORDINATION WITH DEDUCTION FOR NET OPERATING

5 LOSSES.—A nonqualified withdrawal excluded from gross income under

6 paragraph (1) shall be excluded in determining taxable income under

7 section 172(b)(2) of such Code (26 U.S.C. 172(b)(2)).

8 ‘‘§ 53512. FIFO and LIFO withdrawals

9 ‘‘(a) FIFO.—Except as provided in subsection (b), an amount withdrawn

10 from an account under this chapter shall be treated as withdrawn on a first11 in-first-out basis.

12 ‘‘(b) LIFO.—An amount withdrawn from an account under this chapter

13 shall be treated as withdrawn on a last-in-first-out basis if it is—

14 ‘‘(1) a nonqualified withdrawal for research, development, and design

15 expenses incident to new and advanced vessel design, machinery, and

16 equipment; or

17 ‘‘(2) an amount treated as a nonqualified withdrawal under section

18 53510(d) of this title.

19 ‘‘§ 53513. Corporate reorganizations and partnership

20 changes

21 ‘‘Under joint regulations—

22 ‘‘(1) a transfer of a capital construction fund from one person to an23 other person in a transaction to which section 381 of the Internal Rev24 enue Code of 1986 (26 U.S.C. 381) applies may be treated as if the

25 transaction is not a nonqualified withdrawal; and

26 ‘‘(2) a similar rule shall be applied to a continuation of a partnership

27 (within the meaning of subchapter K of chapter 1 of such Code (26

28 U.S.C. 701 et seq.)).

29 ‘‘§ 53514. Relationship of old fund to new fund

30 ‘‘(a) DEFINITION.—In this section, the term ‘old fund’ means a capital

31 construction fund maintained before October 21, 1970.

32 ‘‘(b) ELECTION TO MAINTAIN OLD FUND.—A person maintaining an old

33 fund may elect to continue the old fund, but may not—

34 ‘‘(1) hold amounts in the old fund beyond the expiration date pro35 vided in the agreement under which the old fund is maintained (deter36 mined without regard to an extension or renewal made after April 14,

37 1970); or

38 ‘‘(2) maintain simultaneously the old fund and a new fund estab39 lished under this chapter.

40 ‘‘(c) APPLICATION OF NEW FUND AGREEMENT TO OLD FUND

41 AMOUNTS.—If a person makes an agreement under this chapter to establish
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1 a new fund, the person may agree to extend the agreement to some or all

2 of the amounts in an old fund. Each item in the old fund to be transferred

3 shall be transferred in a nontaxable transaction to the appropriate account

4 in the new fund. For purposes of section 53511(c)(3) of this title, the date

5 of the deposit of an item so transferred shall be July 1, 1971, or the date

6 of the deposit in the old fund, whichever is later.

7 ‘‘§ 53515. Records and reports

8 ‘‘A person maintaining a fund under this chapter shall keep records and

9 make reports as required by the Secretary or the Secretary of the Treasury.

10 ‘‘§ 53516. Termination of agreement after change in regula11 tions

12 ‘‘If, after an agreement has been made under this chapter, a change is

13 made either in the joint regulations or in the regulations prescribed by the

14 Secretary under this chapter that could have a substantial effect on the

15 rights or duties of a person maintaining a fund under this chapter, that per16 son may terminate the agreement.

17 ‘‘§ 53517. Reports

18 ‘‘(a) IN GENERAL.—Within 120 days after the close of each calendar

19 year, the Secretary of Transportation and the Secretary of Commerce each

20 shall provide the Secretary of the Treasury a written report on the capital

21 construction funds under the particular Secretary’s jurisdiction for the cal22 endar year.

23 ‘‘(b) CONTENTS.—The report shall state the name and taxpayer identi24 fication number of each person—

25 ‘‘(1) establishing a capital construction fund during the calendar

26 year;

27 ‘‘(2) maintaining a capital construction fund on the last day of the

28 calendar year;

29 ‘‘(3) terminating a capital construction fund during the calendar

30 year;

31 ‘‘(4) making a deposit to or withdrawal from a capital construction

32 fund during the calendar year, and the amount of the deposit or with33 drawal; or

34 ‘‘(5) having been determined during the calendar year to have failed

35 to fulfill a substantial obligation under a capital construction fund

36 agreement to which the person is a party.

37 ‘‘CHAPTER 537—LOANS AND GUARANTEES

‘‘SUBCHAPTER I—GENERAL

‘‘Sec.

‘‘53701. Definitions.

‘‘53702. General authority.

‘‘53703. Application procedures.

‘‘53704. Funding limits.
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‘‘53705. Pledge of United States Government.

‘‘53706. Eligible purposes of obligations.

‘‘53707. Findings related to obligors and operators.

‘‘53708. Findings related to economic soundness.

‘‘53709. Amount of obligations.

‘‘53710. Contents of obligations.

‘‘53711. Security interest.

‘‘53712. Monitoring financial condition and operations of obligor.

‘‘53713. Administrative fees.

‘‘53714. Guarantee fees.

‘‘53715. Escrow fund.

‘‘53716. Deposit fund.

‘‘53717. Management of funds in the Treasury.

‘‘53718. Annual report to Congress.

‘‘SUBCHAPTER II—DEFAULT PROVISIONS

‘‘53721. Rights of obligee.

‘‘53722. Actions by Secretary.

‘‘53723. Payments by Secretary and issuance of obligations.

‘‘53724. Rights to secured property.

‘‘53725. Actions against obligor.

‘‘SUBCHAPTER III—PARTICULAR PROJECTS

‘‘53731. Commercial demonstration ocean thermal energy conversion facilities and plantships.

‘‘53732. Eligible export vessels.

‘‘53733. Shipyard modernization and improvement.

‘‘53734. Replacement of vessels because of changes in operating standards.

‘‘53735. Fisheries financing and capacity reduction.

1 ‘‘SUBCHAPTER I—GENERAL

2 ‘‘§ 53701. Definitions

3 ‘‘In this chapter:

4 ‘‘(1) ACTUAL COST.—The term ‘actual cost’ means the sum of—

5 ‘‘(A) all amounts paid by or for the account of the obligor as

6 of the date on which a determination is made under section

7 53715(d)(1) of this title; and

8 ‘‘(B) all amounts that the Secretary reasonably estimates the

9 obligor will become obligated to pay from time to time thereafter,

10 for the construction, reconstruction, or reconditioning of the ves11 sel, including guarantee fees that will become payable under sec12 tion 53714 of this title in connection with all obligations issued

13 for construction, reconstruction, or reconditioning of the vessel or

14 equipment to be delivered, and all obligations issued for the deliv15 ered vessel or equipment.

16 ‘‘(2) CONSTRUCTION, RECONSTRUCTION, AND RECONDITIONING.—

17 The terms ‘construction’, ‘reconstruction’, and ‘reconditioning’ include

18 designing, inspecting, outfitting, and equipping.

19 ‘‘(3) DEPRECIATED ACTUAL COST.—The term ‘depreciated actual

20 cost’ of a vessel means—

21 ‘‘(A) if the vessel was not reconstructed or reconditioned, the

22 actual cost of the vessel depreciated on a straight line basis over

23 the useful life of the vessel as determined by the Secretary, not

24 to exceed 25 years from the date of delivery by the builder; or
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1 ‘‘(B) if the vessel was reconstructed or reconditioned, the sum

2 of—

3 ‘‘(i) the actual cost of the vessel depreciated on a straight

4 line basis from the date of delivery by the builder to the date

5 of the reconstruction or reconditioning, using the original use6 ful life of the vessel, and from the date of the reconstruction

7 or reconditioning, using a useful life of the vessel determined

8 by the Secretary; and

9 ‘‘(ii) any amount paid or obligated to be paid for the recon10 struction or reconditioning, depreciated on a straight line

11 basis using a useful life of the vessel determined by the Sec12 retary.

13 ‘‘(4) ELIGIBLE EXPORT VESSEL.—The term ‘eligible export vessel’

14 means a vessel that—

15 ‘‘(A) is constructed, reconstructed, or reconditioned in the

16 United States for use in world-wide trade; and

17 ‘‘(B) will, on delivery or redelivery, become or remain docu18 mented under the laws of a country other than the United States.

19 ‘‘(5) FISHERY FACILITY.—

20 ‘‘(A) IN GENERAL.—Subject to paragraph (B), the term ‘fishery

21 facility’ means—

22 ‘‘(i) for operations on land—

23 ‘‘(I) a structure or appurtenance thereto designed for

24 the unloading and receiving from vessels, the processing,

25 the holding pending processing, the distribution after

26 processing, or the holding pending distribution, of fish

27 from a fishery;

28 ‘‘(II) the land necessary for the structure or appur29 tenance; and

30 ‘‘(III) equipment that is for use with the structure or

31 appurtenance and that is necessary for performing a

32 function referred to in clause (I);

33 ‘‘(ii) for operations not on land, a vessel built in the United

34 States and used for, equipped to be used for, or of a type nor35 mally used for, the processing of fish; or

36 ‘‘(iii) for aquaculture, including operations on land or

37 elsewhere—

38 ‘‘(I) a structure or appurtenance thereto designed for

39 aquaculture;

40 ‘‘(II) the land necessary for the structure or appur41 tenance;
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1 ‘‘(III) equipment that is for use with the structure or

2 appurtenance and that is necessary for performing a

3 function referred to in clause (I); and

4 ‘‘(IV) a vessel built in the United States and used for,

5 equipped to be used for, or of a type normally used for,

6 aquaculture.

7 ‘‘(B) REQUIRED OWNERSHIP.—Under paragraph (A), the struc8 ture, appurtenance, land, equipment, or vessel must be owned

9 by—

10 ‘‘(i) an individual who is a citizen of the United States; or

11 ‘‘(ii) an entity that is a citizen of the United States under

12 section 50501 of this title and that is at least 75 percent

13 owned (as determined under that section) by citizens of the

14 United States.

15 ‘‘(6) FISHING VESSEL.—The term ‘fishing vessel’ has the meaning

16 given that term in section 3 of the Magnuson-Stevens Fishery Con17 servation and Management Act (16 U.S.C. 1802), and any reference

18 in this chapter to a vessel designed principally for commercial use in

19 the fishing trade or industry is deemed to be a reference to a fishing

20 vessel.

21 ‘‘(7) MORTGAGE.—The term ‘mortgage’ includes—

22 ‘‘(A) a preferred mortgage as defined in section 31301 of this

23 title; and

24 ‘‘(B) a mortgage on a vessel that will become a preferred mort25 gage when filed or recorded under chapter 313 of this title.

26 ‘‘(8) OBLIGATION.—The term ‘obligation’ means an instrument of

27 indebtedness issued for a purpose described in section 53706 of this

28 title, except—

29 ‘‘(A) an obligation issued by the Secretary under section 53723

30 of this title; and

31 ‘‘(B) an obligation eligible for investment of funds under section

32 53715(f) or 53717 of this title.

33 ‘‘(9) OBLIGEE.—The term ‘obligee’ means the holder of an obliga34 tion.

35 ‘‘(10) OBLIGOR.—The term ‘obligor’ means a party primarily liable

36 for payment of the principal of or interest on an obligation.

37 ‘‘(11) OCEAN THERMAL ENERGY CONVERSION FACILITY OR

38 PLANTSHIP.—The term ‘ocean thermal energy conversion facility or

39 plantship’ means an at-sea facility or vessel, whether mobile, floating

40 unmoored, moored, or standing on the seabed, that uses temperature
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1 differences in ocean water to produce electricity or another form of en2 ergy capable of being used directly to perform work, and includes—

3 ‘‘(A) equipment installed on the facility or vessel to use the elec4 tricity or other form of energy to produce, process, refine, or man5 ufacture a product;

6 ‘‘(B) a cable or pipeline used to deliver the electricity, fresh7 water, or product to shore; and

8 ‘‘(C) other associated equipment and appurtenances of the facil9 ity or vessel to the extent they are located seaward of the high

10 water mark.

11 ‘‘(12) SECRETARY.—The term ‘Secretary’ means—

12 ‘‘(A) the Secretary of Commerce with respect to fishing vessels

13 and fishery facilities; and

14 ‘‘(B) the Secretary of Transportation with respect to other ves15 sels and general shipyard facilities (as defined in section 53733(a)

16 of this title).

17 ‘‘(13) VESSEL.—The term ‘vessel’ means any type of vessel, whether

18 in existence or under construction, including—

19 ‘‘(A) a cargo vessel;

20 ‘‘(B) a passenger vessel;

21 ‘‘(C) a combination cargo and passenger vessel;

22 ‘‘(D) a tanker;

23 ‘‘(E) a tug or towboat;

24 ‘‘(F) a barge;

25 ‘‘(G) a dredge;

26 ‘‘(H) a floating drydock with a capacity of at least 35,000 lift27 ing tons and a beam of at least 125 feet between the wing walls;

28 ‘‘(I) an oceanographic research vessel;

29 ‘‘(J) an instruction vessel;

30 ‘‘(K) a pollution treatment, abatement, or control vessel;

31 ‘‘(L) a fishing vessel whose ownership meets the citizenship re32 quirements under section 50501 of this title for documenting ves33 sels to operate in the coastwise trade; and

34 ‘‘(M) an ocean thermal energy conversion facility or plantship

35 that is or will be documented under the laws of the United States.

36 ‘‘§ 53702. General authority

37 ‘‘(a) IN GENERAL.—The Secretary, on terms the Secretary may pre38 scribe, may guarantee or make a commitment to guarantee the payment of

39 the principal of and interest on an obligation eligible to be guaranteed under

40 this chapter. A guarantee or commitment to guarantee shall cover 100 per41 cent of the principal and interest.
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1 ‘‘(b) DIRECT LOANS FOR FISHERIES.—

2 ‘‘(1) IN GENERAL.—Notwithstanding any other provision of this

3 chapter, any obligation involving a fishing vessel, fishery facility, aqua4 culture facility, individual fishing quota, or fishing capacity reduction

5 program issued under this chapter after October 11, 1996, shall be a

6 direct loan obligation for which the Secretary shall be the obligee, rath7 er than an obligation issued to an obligee other than the Secretary and

8 guaranteed by the Secretary. A direct loan obligation under this sub9 section shall be treated in the same manner and to the same extent

10 as an obligation guaranteed under this chapter except with respect to

11 provisions of this chapter that by their nature can only be applied to

12 obligations guaranteed under this chapter.

13 ‘‘(2) INTEREST RATE.—Notwithstanding any other provision of this

14 chapter, the annual rate of interest an obligor shall pay on a direct

15 loan obligation under this subsection is 2 percent plus the additional

16 percent the Secretary must pay as interest to borrow from the Treas17 ury the funds to make the loan.

18 ‘‘§ 53703. Application procedures

19 ‘‘(a) TIME FOR DECISION.—

20 ‘‘(1) IN GENERAL.—The Secretary shall approve or deny an applica21 tion for a loan guarantee under this chapter within 270 days after the

22 date on which the signed application is received by the Secretary.

23 ‘‘(2) EXTENSION.—On request by an applicant, the Secretary may

24 extend the 270-day period in paragraph (1) to a date not later than

25 2 years after the date on which the signed application was received by

26 the Secretary.

27 ‘‘(b) CERTIFICATION OF REVIEW.—The Secretary may not guarantee or

28 make a commitment to guarantee an obligation under this chapter unless

29 the Secretary certifies that a full and fair consideration of all the regulatory

30 requirements, including economic soundness and financial requirements ap31 plicable to the obligor and related parties, and a thorough assessment of the

32 technical, economic, and financial aspects of the loan application, has been

33 made.

34 ‘‘§ 53704. Funding limits

35 ‘‘(a) GENERAL LIMITATIONS.—The total unpaid principal amount of obli36 gations guaranteed under this chapter and outstanding at one time may not

37 exceed $12,000,000,000. Of that amount—

38 ‘‘(1) $850,000,000 shall be limited to obligations related to fishing

39 vessels and fishery facilities; and

40 ‘‘(2) $3,000,000,000 shall be limited to obligations related to eligible

41 export vessels.
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1 ‘‘(b) ADDITIONAL LIMITATIONS.—Additional limitations may not be im2 posed on new commitments to guarantee loans for any fiscal year, except

3 in amounts established in advance by annual authorization laws. A vessel

4 eligible for a guarantee under this chapter may not be denied eligibility be5 cause of its type.

6 ‘‘(c) LIMITS BASED ON RISK FACTORS.—

7 ‘‘(1) DEFINITION.—In this subsection, the term ‘cost’ has the mean8 ing given that term in section 502 of the Federal Credit Reform Act

9 of 1990 (2 U.S.C. 661a).

10 ‘‘(2) SYSTEM OF RISK CATEGORIES.—The Secretary shall—

11 ‘‘(A) establish, and update annually, a system of risk categories

12 for obligations guaranteed under this chapter that categorizes the

13 relative risk of guarantees based on the risk factors set forth in

14 paragraph (4);

15 ‘‘(B) determine annually for each risk category a subsidy rate

16 equivalent to the cost of obligations in the category, expressed as

17 a percentage of the amount guaranteed for obligations in the cat18 egory; and

19 ‘‘(C) ensure that each risk category is comprised of loans that

20 are relatively homogeneous in cost and share characteristics pre21 dictive of defaults and other costs, given the facts known at the

22 time of obligation or commitment, using a risk category system

23 that is based on historical analysis of program data and statistical

24 evidence concerning the likely costs of defaults or other costs that

25 are expected to be associated with the loans in the category.

26 ‘‘(3) USE OF SYSTEM.—

27 ‘‘(A) PLACING OBLIGATION IN CATEGORY.—Before making a

28 guarantee under this chapter for an obligation, and annually for

29 projects subject to a guarantee, the Secretary shall apply the risk

30 factors specified in paragraph (4) to place the obligation in a risk

31 category established under paragraph (2).

32 ‘‘(B) REDUCTION OF AVAILABLE AMOUNT.—The Secretary shall

33 consider the total amount available to the Secretary for making

34 guarantees under this chapter to be reduced by the amount deter35 mined by multiplying—

36 ‘‘(i) the amount guaranteed under this chapter for an obli37 gation; by

38 ‘‘(ii) the subsidy rate for the category in which the obliga39 tion is placed under subparagraph (A).

40 ‘‘(C) ESTIMATED COST.—The estimated cost to the United

41 States Government of a guarantee under this chapter for an obli-
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1 gation is deemed to be the amount determined under subpara2 graph (B) for the obligation.

3 ‘‘(D) RESTRICTION ON FURTHER GUARANTEES.—The Secretary

4 may not guarantee obligations under this chapter after the total

5 amount available to the Secretary under appropriations laws for

6 the cost of loan guarantees is considered to be reduced to zero

7 under subparagraph (B).

8 ‘‘(4) RISK FACTORS.—The risk factors referred to in this subsection

9 are—

10 ‘‘(A) if applicable, the country risk for each eligible export vessel

11 financed or to be financed by an obligation;

12 ‘‘(B) the period for which an obligation is guaranteed or to be

13 guaranteed;

14 ‘‘(C) the amount of an obligation guaranteed or to be guaran15 teed in relation to the total cost of the project financed or to be

16 financed by the obligation;

17 ‘‘(D) the financial condition of an obligor or applicant for a

18 guarantee;

19 ‘‘(E) if applicable, other guarantees related to the project;

20 ‘‘(F) if applicable, the projected employment of each vessel or

21 equipment to be financed with an obligation;

22 ‘‘(G) if applicable, the projected market that will be served by

23 each vessel or equipment to be financed with an obligation;

24 ‘‘(H) the collateral provided for a guarantee for an obligation;

25 ‘‘(I) the management and operating experience of an obligor or

26 applicant for a guarantee;

27 ‘‘(J) whether a guarantee under this chapter is or will be in ef28 fect during the construction period of the project; and

29 ‘‘(K) the concentration risk presented by an unduly large per30 centage of loans outstanding by any one borrower or group of af31 filiated borrowers.

32 ‘‘§ 53705. Pledge of United States Government

33 ‘‘(a) FULL FAITH AND CREDIT.—The full faith and credit of the United

34 States Government is pledged to the payment of a guarantee made under

35 this chapter, for both principal and interest, including interest (as may be

36 provided for in the guarantee) accruing between the date of default under

37 a guaranteed obligation and the date of payment in full of the guarantee.

38 ‘‘(b) INCONTESTABILITY.—A guarantee or commitment to guarantee

39 made under this chapter is conclusive evidence of the eligibility of the obli40 gation for the guarantee. The validity of a guarantee or commitment to

41 guarantee made under this chapter is incontestable.
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1 ‘‘§ 53706. Eligible purposes of obligations

2 ‘‘(a) IN GENERAL.—To be eligible for a guarantee under this chapter, an

3 obligation must aid in any of the following:

4 ‘‘(1)(A) Financing (including reimbursement of an obligor for ex5 penditures previously made for) the construction, reconstruction, or re6 conditioning of a vessel (including an eligible export vessel) designed

7 principally for research, or for commercial use—

8 ‘‘(i) in the coastwise or intercoastal trade;

9 ‘‘(ii) on the Great Lakes, or on bays, sounds, rivers, harbors,

10 or inland lakes of the United States;

11 ‘‘(iii) in foreign trade as defined in section 109(b) of this title;

12 ‘‘(iv) as an ocean thermal energy conversion facility or

13 plantship;

14 ‘‘(v) as a floating drydock in the construction, reconstruction,

15 reconditioning, or repair of vessels; or

16 ‘‘(vi) as an eligible export vessel in worldwide trade.

17 ‘‘(B) A guarantee under subparagraph (A) may not be made more

18 than one year after delivery of the vessel (or redelivery if the vessel was

19 reconstructed or reconditioned) unless the proceeds of the obligation

20 are used to finance the construction, reconstruction, or reconditioning

21 of a vessel or of facilities or equipment related to marine operations.

22 ‘‘(2) Financing (including reimbursement of an obligor for expendi23 tures previously made for) the construction, reconstruction, recondi24 tioning, or purchase of a vessel owned by citizens of the United States

25 and designed principally for research, or for commercial use in the fish26 ing industry.

27 ‘‘(3) Financing the purchase, reconstruction, or reconditioning of a

28 vessel or fishery facility—

29 ‘‘(A) for which an obligation was guaranteed under this chapter;

30 and

31 ‘‘(B) that, under subchapter II of this chapter—

32 ‘‘(i) is a vessel or fishery facility for which an obligation

33 was accelerated and paid;

34 ‘‘(ii) was acquired by the Federal Ship Financing Fund or

35 successor account under section 53717 of this title; or

36 ‘‘(iii) was sold at foreclosure begun by the Secretary.

37 ‘‘(4) Financing any part of the repayment to the United States Gov38 ernment of any amount of a construction-differential subsidy paid for

39 a vessel.

40 ‘‘(5) Refinancing an existing obligation (regardless of whether guar41 anteed under this chapter) issued for a purpose described in clauses
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1 (1)–(4), including a short-term obligation incurred to obtain temporary

2 funds with the intention of refinancing.

3 ‘‘(6) Financing or refinancing (including reimbursement of an obli4 gor for expenditures previously made for) the construction, reconstruc5 tion, reconditioning, or purchase of a fishery facility.

6 ‘‘(7) Financing or refinancing (including reimbursement of an obli7 gor for expenditures previously made for) the purchase of an individual

8 fishing quota in accordance with section 303(d)(4) of the Magnuson9 Stevens Fishery Conservation and Management Act (16 U.S.C.

10 1853(d)(4)).

11 ‘‘(b) NON-VESSELS TREATED AS VESSELS.—An obligation guaranteed

12 under subsection (a)(6) or (7) shall be treated, for purposes of this chapter,

13 in the same manner and to the same extent as an obligation that aids in

14 financing the construction, reconstruction, reconditioning, or purchase of a

15 vessel, except with respect to provisions that by their nature can only be

16 applied to vessels.

17 ‘‘(c) PRIORITIES FOR CERTAIN VESSELS.—In guaranteeing or making a

18 commitment to guarantee an obligation under this chapter, the Secretary

19 shall give priority to—

20 ‘‘(1) a vessel that is otherwise eligible for a guarantee and is con21 structed with assistance under subtitle D of the Maritime Security Act

22 of 2003 (46 U.S.C. 53101 note); and

23 ‘‘(2) after applying clause (1), a vessel that is otherwise eligible for

24 a guarantee and that the Secretary of Defense determines—

25 ‘‘(A) is suitable for service as a naval auxiliary in time of war

26 or national emergency; and

27 ‘‘(B) meets a shortfall in sealift capacity or capability.

28 ‘‘§ 53707. Findings related to obligors and operators

29 ‘‘(a) RESPONSIBLE OBLIGOR.—The Secretary may not guarantee or make

30 a commitment to guarantee an obligation under this chapter unless the Sec31 retary finds that the obligor is responsible and has the ability, experience,

32 financial resources, and other qualifications necessary for the adequate oper33 ation and maintenance of each vessel that will serve as security for the

34 guarantee.

35 ‘‘(b) OPERATORS OF LINER VESSELS.—The Secretary of Transportation

36 may not guarantee or make a commitment to guarantee a loan for the con37 struction, reconstruction, or reconditioning of a liner vessel under this chap38 ter unless the Chairman of the Federal Maritime Commission certifies that

39 the operator of the vessel has not been found by the Commission to have

40 committed, within the previous 5 years—
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1 ‘‘(1) a violation of part A of subtitle IV of this title that involves

2 unjust or unfair discriminatory treatment or undue or unreasonable

3 prejudice or disadvantage with respect to a United States shipper,

4 ocean transportation intermediary, ocean common carrier, or port; or

5 ‘‘(2) a violation of part B of subtitle IV of this title.

6 ‘‘(c) OPERATORS OF FISHING VESSELS.—The Secretary of Commerce

7 may not guarantee or make a commitment to guarantee a loan for the con8 struction, reconstruction, or reconditioning of a fishing vessel under this

9 chapter if the operator of the vessel has been—

10 ‘‘(1) held liable or liable in rem for a civil penalty under section 1858

11 of title 16 and not paid the penalty;

12 ‘‘(2) found guilty of an offense under section 1859 of title 16 and

13 not paid the assessed fine or served the assessed sentence;

14 ‘‘(3) held liable for a civil or criminal penalty under section 1375 of

15 title 16 and not paid the assessed fine or served the assessed sentence;

16 or

17 ‘‘(4) held liable for a civil penalty by the Coast Guard under this

18 title or title 33 and not paid the assessed fine.

19 ‘‘(d) WAIVERS CONCERNING FINANCIAL CONDITION.—The Secretary

20 shall prescribe regulations concerning circumstances under which waivers of,

21 or exceptions to, otherwise applicable regulatory requirements concerning fi22 nancial condition can be made. The regulations shall require that—

23 ‘‘(1) the economic soundness requirements in section 53708(a) of

24 this title are met after the waiver of the financial condition require25 ment; and

26 ‘‘(2) the waiver shall provide for the imposition of other requirements

27 on the obligor designed to compensate for the increased risk associated

28 with the obligor’s failure to meet regulatory requirements applicable to

29 financial condition.

30 ‘‘§ 53708. Findings related to economic soundness

31 ‘‘(a) BY SECRETARY OF TRANSPORTATION.—The Secretary of Transpor32 tation may not guarantee or make a commitment to guarantee an obligation

33 under this chapter unless the Secretary finds that the property or project

34 for which the obligation will be executed will be economically sound. In mak35 ing that finding, the Secretary shall consider—

36 ‘‘(1) the need in the particular segment of the maritime industry for

37 new or additional capacity, including any impact on existing equipment

38 for which a guarantee under this chapter is in effect;

39 ‘‘(2) the market potential for employment of the vessel over the life

40 of the guarantee;
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1 ‘‘(3) projected revenues and expenses associated with employment of

2 the vessel;

3 ‘‘(4) any charter, contract of affreightment, transportation agree4 ment, or similar agreement or undertaking relevant to the employment

5 of the vessel;

6 ‘‘(5) other relevant criteria; and

7 ‘‘(6) for inland waterways, the need for technical improvements, in8 cluding increased fuel efficiency or improved safety.

9 ‘‘(b) BY SECRETARY OF COMMERCE.—The Secretary of Commerce may

10 not guarantee or make a commitment to guarantee an obligation under this

11 chapter unless the Secretary finds, at or prior to the time the commitment

12 is made or the guarantee becomes effective, that—

13 ‘‘(1) the property or project for which the obligation will be executed

14 will be economically sound; and

15 ‘‘(2) for a fishing vessel, the purpose of the financing or refinancing

16 is consistent with—

17 ‘‘(A) the wise use of the fisheries resources and the develop18 ment, advancement, management, conservation, and protection of

19 the fisheries resources; or

20 ‘‘(B) the need for technical improvements, including increased

21 fuel efficiency or improved safety.

22 ‘‘(c) USED FISHING VESSELS AND FACILITIES.—The Secretary of Com23 merce may not guarantee or make a commitment to guarantee an obligation

24 under this chapter for the purchase of a used fishing vessel or used fishery

25 facility unless the vessel or facility will be—

26 ‘‘(1) reconstructed or reconditioned in the United States and will

27 contribute to the development of the United States fishing industry; or

28 ‘‘(2) used—

29 ‘‘(A) in the harvesting of fish from an underused fishery; or

30 ‘‘(B) for a purpose described in the definition of ‘fishery facility’

31 in section 53701 of this title with respect to an underused fishery.

32 ‘‘(d) INDEPENDENT ANALYSIS.—The Secretary may make a determina33 tion that aspects of an application under this chapter require independent

34 analysis to be conducted by third party experts due to risk factors associ35 ated with markets, technology, financial structures, or other risk factors

36 identified by the Secretary. Any independent analysis conducted under this

37 subsection shall be performed by a party chosen by the Secretary.

38 ‘‘(e) ADDITIONAL EQUITY BECAUSE OF INCREASED RISKS.—Notwith39 standing any other provision of this chapter, the Secretary may make a de40 termination that an application under this title requires additional equity
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1 because of increased risk factors associated with markets, technology, finan2 cial structures, or other risk factors identified by the Secretary.

3 ‘‘§ 53709. Amount of obligations

4 ‘‘(a) IN GENERAL.—The principal of an obligation may not be guaranteed

5 in an amount greater than the amount determined by multiplying the per6 centage applicable under subsection (b) by—

7 ‘‘(1) the amount paid by or for the account of the obligor (as deter8 mined by the Secretary, which determination shall be conclusive) for

9 the construction, reconstruction, or reconditioning of the vessel used as

10 security for the guarantee; or

11 ‘‘(2) if the obligor creates an escrow fund under section 53715 of

12 this title, the actual cost of the vessel.

13 ‘‘(b) LIMITATIONS ON AMOUNT BORROWED.—

14 ‘‘(1) IN GENERAL.—Except as otherwise provided, the principal

15 amount of an obligation guaranteed under this chapter may not exceed

16 75 percent of the actual cost or depreciated actual cost, as determined

17 by the Secretary, of the vessel used as security for the guarantee.

18 ‘‘(2) CERTAIN APPROVED VESSELS.—The principal amount may not

19 exceed 87.5 percent of the actual cost or depreciated actual cost if—

20 ‘‘(A) the size and speed of the vessel are approved by the Sec21 retary;

22 ‘‘(B) the vessel is or would have been eligible for mortgage aid

23 for construction under section 509 of the Merchant Marine Act,

24 1936, or would have been eligible except that the vessel was built

25 with a construction-differential subsidy and the subsidy has been

26 repaid; and

27 ‘‘(C) the vessel is of a type described in that section for which

28 the minimum down payment required by that section is 12.5 per29 cent of the cost of the vessel.

30 ‘‘(3) BARGES.—For a barge constructed without a construction-dif31 ferential subsidy or for which the subsidy has been repaid, the principal

32 amount may not exceed 87.5 percent of the actual cost or depreciated

33 actual cost.

34 ‘‘(4) FISHING VESSELS AND FISHERY FACILITIES.—For a fishing

35 vessel or fishery facility, the principal amount may not exceed 80 per36 cent of the actual cost or depreciated actual cost. However, debt for

37 the vessel or facility may not be placed through the Federal Financing

38 Bank.

39 ‘‘(5) OTEC.—For an ocean thermal energy conversion facility or

40 plantship constructed without a construction-differential subsidy, the
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1 principal amount may not exceed 87.5 percent of the actual cost or de2 preciated actual cost of the facility or plantship.

3 ‘‘(6) ELIGIBLE EXPORT VESSELS.—For an eligible export vessel, the

4 principal amount may not exceed 87.5 percent of the actual cost or de5 preciated actual cost.

6 ‘‘(c) SECURITY INVOLVING MULTIPLE VESSELS.—The principal amount

7 of an obligation having more than one vessel as security for the guarantee

8 may not exceed the sum of the principal amounts allowable for all the ves9 sels.

10 ‘‘(d) PROHIBITION ON UNIFORM PERCENTAGE LIMITATIONS.—The Sec11 retary may not establish a percentage under any provision of subsection (b)

12 that is to be applied uniformly to all guarantees or commitments to guar13 antee made under that provision.

14 ‘‘(e) PROHIBITION ON MINIMUM PRINCIPAL AMOUNT.—The Secretary

15 may not establish, as a condition of eligibility for a guarantee under this

16 chapter, a minimum principal amount for an obligation covering the recon17 struction or reconditioning of a fishing vessel or fishery facility. For pur18 poses of this chapter, the reconstruction or reconditioning of a fishing vessel

19 or fishery facility does not include the routine minor repair or maintenance

20 of the vessel or facility.

21 ‘‘§ 53710. Contents of obligations

22 ‘‘(a) IN GENERAL.—An obligation guaranteed under this chapter must—

23 ‘‘(1) provide for payments by the obligor satisfactory to the Sec24 retary;

25 ‘‘(2) provide for interest (exclusive of guarantee fees and other fees)

26 at a rate not more than the annual rate on the unpaid principal that

27 the Secretary determines is reasonable, considering the range of inter28 est rates prevailing in the private market for similar loans and the

29 risks assumed by the Secretary;

30 ‘‘(3) have a maturity date satisfactory to the Secretary, but—

31 ‘‘(A) not more than 25 years after the date of delivery of the

32 vessel used as security for the guarantee; or

33 ‘‘(B) if the vessel has been reconstructed or reconditioned, not

34 more than the later of—

35 ‘‘(i) 25 years after the date of delivery of the vessel; or

36 ‘‘(ii) the remaining years of useful life of the vessel as de37 termined by the Secretary; and

38 ‘‘(4) provide, or a related agreement must provide, that if the vessel

39 used as security for the guarantee is a delivered vessel, the vessel shall

40 be—
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1 ‘‘(A) in class A–1, American Bureau of Shipping, or meet other

2 standards acceptable to the Secretary, with all required certifi3 cates, including marine inspection certificates of the Coast Guard

4 or, in the case of an eligible export vessel, of the appropriate na5 tional flag authorities under a treaty, convention, or other inter6 national agreement to which the United States Government is a

7 party, and with all outstanding requirements and recommenda8 tions necessary for class retention accomplished, unless the Sec9 retary permits a deferment of repairs necessary to meet these re10 quirements; and

11 ‘‘(B) well equipped, in good repair, and in every respect sea12 worthy and fit for service.

13 ‘‘(b) PROVISIONS FOR CERTAIN PASSENGER VESSELS.—

14 ‘‘(1) IN GENERAL.—With the Secretary’s approval, if the vessel used

15 as security for the guarantee is a passenger vessel having the tonnage,

16 speed, passenger accommodations, and other characteristics described

17 in section 503 of the Merchant Marine Act, 1936, an obligation guar18 anteed under this chapter or a related agreement may provide that—

19 ‘‘(A) the only recourse by the Government against the obligor

20 for payments under the guarantee will be repossession of the ves21 sel and assignment of insurance claims; and

22 ‘‘(B) the obligor’s liability for payments under the guarantee

23 will be satisfied and discharged by the surrender of the vessel and

24 all interest in the vessel to the Government in the condition de25 scribed in paragraph (2).

26 ‘‘(2) SURRENDER OF VESSEL.—

27 ‘‘(A) IN GENERAL.—On surrender, the vessel must be—

28 ‘‘(i) free and clear of all liens and encumbrances except the

29 security interest conveyed to the Secretary under this chapter;

30 ‘‘(ii) in class; and

31 ‘‘(iii) in as good order and condition (ordinary wear and

32 tear excepted) as when acquired by the obligor.

33 ‘‘(B) COVERING DEFICIENCIES BY INSURANCE.—To the extent

34 covered by insurance, a deficiency related to a requirement in sub35 paragraph (A) may be satisfied by assignment of the obligor’s in36 surance claims to the Government.

37 ‘‘(c) OTHER PROVISIONS TO PROTECT SECURITY INTERESTS.—An obli38 gation guaranteed under this chapter and any related agreement must con39 tain other provisions for the protection of the security interests of the Gov40 ernment (including acceleration, assumption, and subrogation provisions and
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1 the issuance of notes by the obligor to the Secretary), liens and releases of

2 liens, payment of taxes, and other matters that the Secretary may prescribe.

3 ‘‘§ 53711. Security interest

4 ‘‘(a) IN GENERAL.—The Secretary may guarantee an obligation under

5 this chapter only if the obligor conveys or agrees to convey to the Secretary

6 a security interest the Secretary considers necessary to protect the interest

7 of the United States Government.

8 ‘‘(b) MULTIPLE VESSELS AND TYPES OF SECURITY.—The security inter9 est may relate to more than one vessel and may consist of more than one

10 type of security. If the security interest relates to more than one vessel, the

11 obligation may have the latest maturity date allowable under section

12 53710(a)(3) of this title for any of the vessels used as security for the guar13 antee. However, the Secretary may require such payments of principal prior

14 to maturity, with respect to all related obligations, as the Secretary con15 siders necessary to maintain adequate security for the guarantee.

16 ‘‘§ 53712. Monitoring financial condition and operations of

17 obligor

18 ‘‘(a) IN GENERAL.—The Secretary shall monitor the financial condition

19 and operations of the obligor on a regular basis during the term of the

20 guarantee. The Secretary shall document the results of the monitoring on

21 an annual or quarterly basis depending on the condition of the obligor. If

22 the Secretary determines that the financial condition of the obligor warrants

23 additional protections to the Secretary, the Secretary shall take appropriate

24 action under subsection (b). If the Secretary determines that the financial

25 condition of the obligor jeopardizes its continued ability to perform its re26 sponsibilities in connection with the guarantee of an obligation by the Sec27 retary, the Secretary shall make an immediate determination whether de28 fault should take place and whether further measures described in sub29 section (b) should be taken to protect the interests of the Secretary while

30 ensuring that program objectives are met.

31 ‘‘(b) CONTRACT PROVISIONS TO PROTECT SECRETARY.—The Secretary

32 shall include provisions in a loan agreement with an obligor that provides

33 additional authority to the Secretary to take action to limit potential losses

34 in connection with a defaulted loan or a loan that is in jeopardy due to the

35 deteriorating financial condition of the obligor. These provisions include re36 quirements for additional collateral or greater equity contributions that are

37 effective upon the occurrence of verifiable conditions relating to the obligor’s

38 financial condition or the status of the vessel or shipyard project.

39 ‘‘§ 53713. Administrative fees

40 ‘‘(a) IN GENERAL.—The Secretary shall charge and collect from the obli41 gor fees the Secretary considers reasonable for—
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1 ‘‘(1) investigating an application for a guarantee;

2 ‘‘(2) appraising property offered as security for a guarantee;

3 ‘‘(3) issuing a commitment;

4 ‘‘(4) providing services related to an escrow fund under section

5 53715 of this title; and

6 ‘‘(5) inspecting property during construction, reconstruction, or re7 conditioning.

8 ‘‘(b) TOTAL FEE LIMITATION.—The total fees under subsection (a) may

9 not exceed 0.5 percent of the original principal amount of the obligations

10 to be guaranteed.

11 ‘‘(c) FEES FOR INDEPENDENT ANALYSIS.—The Secretary may charge

12 and collect fees to cover the costs of independent analysis under section

13 53708(d) of this title. Notwithstanding section 3302 of title 31, any fee col14 lected under this subsection shall—

15 ‘‘(1) be credited as an offsetting collection to the account that fi16 nances the administration of the loan guarantee program;

17 ‘‘(2) be available for expenditure only to pay the costs of activities

18 and services for which the fee is imposed; and

19 ‘‘(3) remain available until expended.

20 ‘‘§ 53714. Guarantee fees

21 ‘‘(a) REGULATIONS.—Subject to this section, the Secretary shall prescribe

22 regulations to assess a fee for guaranteeing an obligation under this chap23 ter.

24 ‘‘(b) COMPUTATION OF FEE.—

25 ‘‘(1) IN GENERAL.—The amount of the fee for a guarantee under

26 this chapter shall be equal to the sum of the amounts determined under

27 paragraph (2) for the years in which the guarantee is in effect.

28 ‘‘(2) PRESENT VALUE FOR EACH YEAR.—The amount referred to in

29 paragraph (1) for a year in which the guarantee is in effect is the

30 present value of the amount calculated under paragraph (3). To deter31 mine the present value, the Secretary shall apply a discount rate deter32 mined by the Secretary of the Treasury, considering current market

33 yields on outstanding obligations of the United States Government hav34 ing periods to maturity comparable to the period to maturity for the

35 guaranteed obligation.

36 ‘‘(3) CALCULATION OF AMOUNT.—The amount referred to in para37 graph (2) shall be calculated by multiplying—

38 ‘‘(A) the estimated average unpaid principal amount of the obli39 gation that will be outstanding during the year (excluding the av40 erage amount, other than interest, on deposit during the year in

41 an escrow fund under section 53715 of this title); by
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1 ‘‘(B) the fee rate set under paragraph (4).

2 ‘‘(4) SETTING FEE RATES.—To set the fee rate referred to in para3 graph (3)(B), the Secretary shall establish a formula that—

4 ‘‘(A) takes into account the security provided for the guaranteed

5 obligation; and

6 ‘‘(B) is a sliding scale based on the creditworthiness of the obli7 gor, using—

8 ‘‘(i) the lowest allowable rate under paragraph (5) for the

9 most creditworthy obligors; and

10 ‘‘(ii) the highest allowable rate under paragraph (5) for the

11 least creditworthy obligors.

12 ‘‘(5) PERMISSIBLE RANGE OF RATES.—The fee rate set under para13 graph (4) shall be—

14 ‘‘(A) for a delivered vessel or equipment, at least 0.5 percent

15 and not more than 1 percent; and

16 ‘‘(B) for a vessel to be constructed, reconstructed, or recondi17 tioned or equipment to be delivered, at least 0.25 percent and not

18 more than 0.5 percent.

19 ‘‘(c) WHEN FEE COLLECTED.—A fee for the guarantee of an obligation

20 under this chapter shall be collected not later than the date on which an

21 amount is first paid on the obligation.

22 ‘‘(d) FINANCING THE FEE.—A fee paid under this section is eligible to

23 be financed under this chapter and shall be included in the actual cost of

24 the obligation guaranteed.

25 ‘‘(e) NOT REFUNDABLE.—A fee paid under this section is not refundable.

26 However, an obligor shall receive credit for the amount paid for the remain27 ing term of the obligation if the obligation is refinanced and guaranteed

28 under this chapter after the refinancing.

29 ‘‘§ 53715. Escrow fund

30 ‘‘(a) IN GENERAL.—If the proceeds of an obligation guaranteed under

31 this chapter are to be used to finance the construction, reconstruction, or

32 reconditioning of a vessel that will serve as security for a guarantee under

33 this chapter, the Secretary may accept and hold in escrow, under an escrow

34 agreement with the obligor, a portion of the proceeds of all obligations guar35 anteed under this chapter whose proceeds are to be so used which is equal

36 to—

37 ‘‘(1) the excess of—

38 ‘‘(A) the principal amount of all obligations whose proceeds are

39 to be so used; over

40 ‘‘(B) 75 percent or 87.5 percent, whichever is applicable under

41 section 53709(b) of this title, of the amount paid by or for the
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1 account of the obligor for the construction, reconstruction, or re2 conditioning of the vessel; plus

3 ‘‘(2) any interest the Secretary may require on the amount described

4 in clause (1).

5 ‘‘(b) SECURITY INVOLVING BOTH UNCOMPLETED AND DELIVERED VES6 SELS.—If the security for the guarantee of an obligation relates both to a

7 vessel to be constructed, reconstructed, or reconditioned and to a delivered

8 vessel, the principal amount of the obligation shall be prorated for purposes

9 of subsection (a) under regulations prescribed by the Secretary.

10 ‘‘(c) DISBURSEMENT BEFORE TERMINATION OF AGREEMENT.—

11 ‘‘(1) PURPOSES.—The Secretary shall disburse amounts in the es12 crow fund, as specified in the escrow agreement, to—

13 ‘‘(A) pay amounts the obligor is obligated to pay for—

14 ‘‘(i) the construction, reconstruction, or reconditioning of a

15 vessel used as security for the guarantee; and

16 ‘‘(ii) interest on the obligations;

17 ‘‘(B) redeem the obligations under a refinancing guaranteed

18 under this chapter; and

19 ‘‘(C) pay any excess interest deposits to the obligor at times

20 provided for in the escrow agreement.

21 ‘‘(2) MANNER OF PAYMENT.—If a payment becomes due under the

22 guarantee before the termination of the escrow agreement, the amount

23 in the escrow fund at the time the payment becomes due, including re24 alized income not yet paid to the obligor, shall be paid into the appro25 priate account under section 53717 of this title. The amount shall be

26 credited against amounts due or to become due from the obligor to the

27 Secretary on the guaranteed obligations or, to the extent not so re28 quired, be paid to the obligor.

29 ‘‘(d) PAYMENTS REQUIRED BEFORE DISBURSEMENT.—

30 ‘‘(1) IN GENERAL.—No disbursement shall be made under subsection

31 (c) to any person until the total amount paid by or for the account

32 of the obligor from sources other than the proceeds of the obligation

33 equals at least 25 percent or 12.5 percent, whichever is applicable

34 under section 53709(b) of this title, of the aggregate actual cost of the

35 vessel, as previously approved by the Secretary. If the aggregate actual

36 cost of the vessel has increased since the Secretary’s initial approval

37 or if it increases after the first disbursement is permitted under this

38 subsection, then no further disbursements shall be made under sub39 section (c) until the total amount paid by or for the account of the obli40 gor from sources other than the proceeds of the obligation equals at

41 least 25 percent or 12.5 percent, as applicable, of the increase, as de-
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1 termined by the Secretary, in the aggregate actual cost of the vessel.

2 This paragraph does not require the Secretary to consent to finance

3 any increase in actual cost unless the Secretary determines that such

4 an increase in the obligation meets all the terms and conditions of this

5 chapter or other applicable law.

6 ‘‘(2) DOCUMENTED PROOF OF PROGRESS REQUIREMENT.—The Sec7 retary shall, by regulation, establish a transparent, independent, and

8 risk-based process for verifying and documenting the progress of

9 projects under construction before disbursing guaranteed loan funds.

10 At a minimum, the process shall require documented proof of progress

11 in connection with the construction, reconstruction, or reconditioning of

12 a vessel or vessels before disbursements are made from the escrow

13 fund. The Secretary may require that the obligor provide a certificate

14 from an independent party certifying that the requisite progress in con15 struction, reconstruction, or reconditioning has taken place.

16 ‘‘(e) DISBURSEMENT ON TERMINATION OF AGREEMENT.—

17 ‘‘(1) IN GENERAL.—If a payment has not become due under the

18 guarantee before the termination of the escrow agreement, the balance

19 of the escrow fund at the time of termination shall be disbursed to—

20 ‘‘(A) prepay the excess of—

21 ‘‘(i) the principal amount of all obligations whose proceeds

22 are to be used to finance the construction, reconstruction, or

23 reconditioning of the vessel used or to be used as security for

24 the guarantee; over

25 ‘‘(ii) 75 percent or 87.5 percent, whichever is applicable

26 under section 53709(b) of this title, of the actual cost of the

27 vessel to the extent paid; and

28 ‘‘(B) pay interest on that prepaid amount of principal.

29 ‘‘(2) REMAINING BALANCE.—Any remaining balance of the escrow

30 fund shall be paid to the obligor.

31 ‘‘(f) INVESTMENT.—The Secretary may invest and reinvest any part of

32 an escrow fund in obligations of the United States Government with matu33 rities such that the escrow fund will be available as required for purposes

34 of the escrow agreement. Investment income shall be paid to the obligor

35 when received.

36 ‘‘(g) TERMS TO PROTECT GOVERNMENT.—The escrow agreement shall

37 contain other terms the Secretary considers necessary to protect fully the

38 interests of the Government.

39 ‘‘§ 53716. Deposit fund

40 ‘‘(a) IN GENERAL.—There is a deposit fund in the Treasury for purposes

41 of this section. The Secretary, in accordance with an agreement under sub-
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1 section (b), may deposit into and hold in the fund cash belonging to an obli2 gor to serve as collateral for a guarantee made under this chapter with re3 spect to the obligor.

4 ‘‘(b) AGREEMENT.—The Secretary and an obligor shall make a reserve

5 fund or other collateral account agreement to govern the deposit, with6 drawal, retention, use, and reinvestment of cash of the obligor held in the

7 fund. The agreement shall contain—

8 ‘‘(1) terms and conditions required by this section;

9 ‘‘(2) terms that grant to the United States Government a security

10 interest in all amounts deposited into the fund; and

11 ‘‘(3) any additional terms considered by the Secretary to be nec12 essary to protect fully the interests of the Government.

13 ‘‘(c) INVESTMENT.—The Secretary may invest and reinvest any part of

14 the amounts in the fund in obligations of the Government with maturities

15 such that amounts in the fund will be available as required for purposes

16 of the agreement under subsection (b). Cash balances in the fund in excess

17 of current requirements shall be maintained in a form of uninvested funds,

18 and the Secretary of the Treasury shall pay interest on these funds.

19 ‘‘(d) WITHDRAWALS.—

20 ‘‘(1) IN GENERAL.—Cash deposited into the fund may not be with21 drawn without the consent of the Secretary.

22 ‘‘(2) USE OF INCOME.—Subject to paragraph (3), the Secretary may

23 pay any income earned on cash of an obligor deposited into the fund

24 in accordance with the agreement with the obligor under subsection (b).

25 ‘‘(3) RETENTION AGAINST DEFAULT.—The Secretary may retain and

26 offset any or all of the cash of an obligor in the fund, and any income

27 realized thereon, as part of the Secretary’s recovery against the obligor

28 in case of a default by the obligor on an obligation.

29 ‘‘§ 53717. Management of funds in the Treasury

30 ‘‘(a) DEFINITION.—In this section, the term ‘FCRA’ means the Federal

31 Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).

32 ‘‘(b) LOAN GUARANTEES BY SECRETARY OF TRANSPORTATION.—

33 ‘‘(1) WHEN NOT SUBJECT TO FCRA.—The Secretary of Transpor34 tation shall account for payments and disbursements involving obliga35 tions guaranteed under this chapter and not subject to FCRA in an

36 account in the Treasury entitled the Federal Ship Financing Fund Liq37 uidating Account (a liquidating account as defined in FCRA).

38 ‘‘(2) WHEN SUBJECT TO FCRA.—The Secretary of Transportation

39 shall account for payments and disbursements involving obligations

40 guaranteed under this chapter and subject to FCRA in a separate ac-
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1 count in the Treasury entitled the Federal Ship Financing Guaranteed

2 Loan Financing Account (a financing account as defined in FCRA).

3 ‘‘(c) LOAN GUARANTEES BY SECRETARY OF COMMERCE.—

4 ‘‘(1) WHEN NOT SUBJECT TO FCRA.—The Secretary of Commerce

5 shall account for payments and disbursements involving obligations

6 guaranteed under this chapter and not subject to FCRA in a separate

7 account in the Treasury established for this purpose.

8 ‘‘(2) WHEN SUBJECT TO FCRA.—The Secretary of Commerce shall

9 account for payments and disbursements involving obligations guaran10 teed under this chapter and subject to FCRA in a separate account in

11 the Treasury established for this purpose.

12 ‘‘(d) DIRECT LOANS BY SECRETARY OF COMMERCE.—The Secretary of

13 Commerce shall account for payments and disbursements involving direct

14 loans made under this chapter in a separate account in the Treasury estab15 lished for this purpose.

16 ‘‘§ 53718. Annual report to Congress

17 ‘‘The Secretary of Transportation shall report to Congress annually on

18 the loan guarantee program under this chapter. Each report shall include—

19 ‘‘(1) the size, in dollars, of the portfolio of loans guaranteed;

20 ‘‘(2) the size, in dollars, of projects in the portfolio facing financial

21 difficulties;

22 ‘‘(3) the number and type of projects covered;

23 ‘‘(4) a profile of pending loan applications;

24 ‘‘(5) the amount of appropriations available for new guarantees;

25 ‘‘(6) a profile of each project approved since the last report; and

26 ‘‘(7) a profile of any defaults since the last report.

27 ‘‘SUBCHAPTER II—DEFAULT PROVISIONS

28 ‘‘§ 53721. Rights of obligee

29 ‘‘(a) DEMANDS BY OBLIGEES.—Except as provided in subsection (c), if

30 an obligor has continued in default for 30 days in the payment of principal

31 or interest on an obligation guaranteed under this chapter, the obligee or

32 the obligee’s agent may demand that the Secretary pay the unpaid principal

33 amount of the obligation and the unpaid interest on the obligation to the

34 date of payment. The demand must be made within the earlier of—

35 ‘‘(1) a period that may be specified in the guarantee or a related

36 agreement; or

37 ‘‘(2) 90 days from the date of the default.

38 ‘‘(b) PAYMENTS BY SECRETARY.—

39 ‘‘(1) IN GENERAL.—If a demand is made under subsection (a), the

40 Secretary shall pay to the obligee or the obligee’s agent the unpaid

41 principal amount of the obligation and the unpaid interest on the obli-
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1 gation to the date of payment. Payment shall be made within the ear2 lier of—

3 ‘‘(A) a period that may be specified in the guarantee or a re4 lated agreement; or

5 ‘‘(B) 30 days from the date of the demand.

6 ‘‘(2) IF NO EXISTING DEFAULT.—The Secretary is not required to

7 make payment under this subsection if, within the appropriate period

8 under paragraph (1), the Secretary finds that the obligor was not in

9 default or that the default was remedied before the demand.

10 ‘‘(c) ASSUMPTION OF RIGHTS AND OBLIGATIONS BEFORE DEMAND.—An

11 obligee or the obligee’s agent may not demand payment under this section

12 if the Secretary, before the demand and on terms that may be provided in

13 the obligation or a related agreement, has assumed the obligor’s rights and

14 duties under the obligation and any related agreement and made any pay15 ment in default. However, the guarantee of the obligation remains in effect

16 after the Secretary’s assumption.

17 ‘‘§ 53722. Actions by Secretary

18 ‘‘(a) GENERAL AUTHORITY.—On default under an obligation or related

19 agreement between the Secretary and the obligor, the Secretary, on terms

20 that may be provided in the obligation or agreement, may—

21 ‘‘(1) assume the obligor’s rights and duties under the obligation or

22 agreement, make any payment in default, and notify the obligee or the

23 obligee’s agent of the default and the Secretary’s assumption; or

24 ‘‘(2) notify the obligee or the obligee’s agent of the default.

25 ‘‘(b) DEMANDS BY OBLIGEES.—

26 ‘‘(1) DEMAND.—If the Secretary proceeds under subsection (a)(2),

27 the obligee or the obligee’s agent may demand that the Secretary pay

28 the unpaid principal amount of the obligation and the unpaid interest

29 on the obligation. The demand must be made within the earlier of—

30 ‘‘(A) a period that may be specified in the guarantee or a re31 lated agreement; or

32 ‘‘(B) 60 days from the date of the Secretary’s notice.

33 ‘‘(2) PAYMENT.—If a demand is made under paragraph (1), the Sec34 retary shall pay to the obligee or the obligee’s agent the unpaid prin35 cipal amount of the obligation and the unpaid interest on the obligation

36 to the date of payment. Payment shall be made within the earlier of—

37 ‘‘(A) a period that may be specified in the guarantee or a re38 lated agreement; or

39 ‘‘(B) 30 days from the date of the demand.

40 ‘‘(c) CONTINUED EFFECT OF GUARANTEE.—A guarantee of an obligation

41 remains in effect after an assumption of the obligation by the Secretary.
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1 ‘‘(d) ADDITIONAL RESPONSES.—If there is a default on an obligation, the

2 Secretary shall conduct operations under this chapter in a manner that—

3 ‘‘(1) maximizes the net present value return from the sale or disposi4 tion of assets associated with the obligation, including prompt referral

5 to the Attorney General for collection as appropriate;

6 ‘‘(2) minimizes the amount of any loss realized in the resolution of

7 the guarantee;

8 ‘‘(3) ensures adequate competition and fair and consistent treatment

9 of offerors; and

10 ‘‘(4) requires appraisal of assets by an independent appraiser.

11 ‘‘§ 53723. Payments by Secretary and issuance of obligations

12 ‘‘(a) CASH PAYMENT.—Amounts required to be paid by the Secretary

13 under section 53721 or 53722 of this title shall be paid in cash.

14 ‘‘(b) ISSUANCE OF OBLIGATIONS.—If amounts in the appropriate account

15 under section 53717 of this title are not sufficient to make a payment re16 quired under section 53721 or 53722 of this title, the Secretary may issue

17 obligations to the Secretary of the Treasury. The Secretary, with the ap18 proval of the Secretary of the Treasury, shall prescribe the form, denomina19 tion, maturity, and other terms (except the interest rate) of the obligations.

20 The Secretary of the Treasury shall set the interest rate for the obligations,

21 considering the current average market yield on outstanding marketable ob22 ligations of the United States Government of comparable maturities during

23 the month before the obligations are issued.

24 ‘‘(c) PURCHASE OF OBLIGATIONS.—The Secretary of the Treasury shall

25 purchase the obligations issued under this section. To purchase the obliga26 tions, the Secretary of the Treasury may use as a public debt transaction

27 the proceeds from the sale of securities issued under chapter 31 of title 31.

28 The purposes for which securities may be issued under that chapter are ex29 tended to include the purchase of obligations under this subsection. The

30 Secretary of the Treasury may sell obligations purchased under this section.

31 A redemption, purchase, or sale of the obligations by the Secretary of the

32 Treasury is a public debt transaction of the Government.

33 ‘‘(d) DEPOSITS AND REDEMPTIONS.—The Secretary shall deposit

34 amounts borrowed under this section in the appropriate account under sec35 tion 53717 of this title and make redemptions of the obligations from that

36 account.

37 ‘‘§ 53724. Rights to secured property

38 ‘‘(a) ACQUISITION OF SECURITY RIGHTS.—When the Secretary makes a

39 payment on, or assumes, an obligation under section 53721 or 53722 of this

40 title, the Secretary acquires the rights under the security agreement with

41 the obligor in the security held by the Secretary to guarantee the obligation.
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1 ‘‘(b) USE AND DISPOSITION OF SECURED PROPERTY.—Notwithstanding

2 any other law relating to the acquisition, handling, or disposal of property

3 by the United States Government, the Secretary has the right, in the Sec4 retary’s discretion, to complete, reconstruct, recondition, renovate, repair,

5 maintain, operate, charter, or sell any property acquired under a security

6 agreement with an obligor, or to place a vessel so acquired in the National

7 Defense Reserve Fleet. The terms of a sale under this subsection shall be

8 as approved by the Secretary.

9 ‘‘§ 53725. Actions against obligor

10 ‘‘(a) IN GENERAL.—For a default under a guaranteed obligation or re11 lated agreement, the Secretary may take any action against the obligor or

12 another liable party that the Secretary considers necessary to protect the

13 interests of the United States Government. A civil action may be brought

14 in the name of the Government or the obligee. The obligee shall make avail15 able to the Government all records and evidence necessary to prosecute the

16 action.

17 ‘‘(b) TITLE, POSSESSION, AND PURCHASE.—

18 ‘‘(1) IN GENERAL.—The Secretary may—

19 ‘‘(A) accept a conveyance of title to and possession of property

20 from the obligor or another party liable to the Secretary; and

21 ‘‘(B) purchase the property for an amount not greater than the

22 unpaid principal amount of the obligation and interest thereon.

23 ‘‘(2) PAYMENT OF EXCESS.—If, through the sale of property, the

24 Secretary receives an amount of cash greater than the unpaid principal

25 amount of the obligation, the unpaid interest on the obligation, and the

26 expenses of collecting those amounts, the Secretary shall pay the excess

27 to the obligor.

28 ‘‘SUBCHAPTER III—PARTICULAR PROJECTS

29 ‘‘§ 53731. Commercial demonstration ocean thermal energy

30 conversion facilities and plantships

31 ‘‘(a) IN GENERAL.—Under subchapter I of this chapter, the Secretary

32 may guarantee or make a commitment to guarantee the payment of the

33 principal of and interest on an obligation that aids in financing (including

34 reimbursement of an obligor for expenditures previously made for) the con35 struction, reconstruction, or reconditioning of a commercial demonstration

36 ocean thermal energy conversion facility or plantship. This section may be

37 used to guarantee obligations for a total of not more than 5 separate facili38 ties and plantships or a demonstrated 400 megawatt capacity, whichever

39 comes first.

40 ‘‘(b) APPLICABILITY OF OTHER PROVISIONS.—Except as otherwise pro41 vided in this section, a guarantee or commitment to guarantee under this
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1 section is subject to all the provisions applicable to a guarantee or commit2 ment to guarantee under subchapter I of this chapter.

3 ‘‘(c) ECONOMIC SOUNDNESS.—The required determination of economic

4 soundness under section 53708 of this title applies to a guarantee or com5 mitment to guarantee for that portion of a facility or plantship not to be

6 supported with appropriated Federal funds.

7 ‘‘(d) REASONABLENESS OF RISK.—A guarantee or commitment to guar8 antee may not be made under this section unless the Secretary of Energy,

9 in consultation with the Secretary, certifies to the Secretary that, for the

10 facility or plantship for which the guarantee or commitment to guarantee

11 is sought, there is sufficient guarantee of performance and payment to lower

12 the risk to the United States Government to a reasonable level. In deciding

13 whether to issue such a certification, the Secretary of Energy shall

14 consider—

15 ‘‘(1) the successful demonstration of the technology to be used in the

16 facility at a scale sufficient to establish the likelihood of technical and

17 economic viability in the proposed market; and

18 ‘‘(2) the need of the United States to develop new and renewable

19 sources of energy and the benefits to be realized from the construction

20 and successful operation of the facility or plantship.

21 ‘‘(e) AMOUNT OF OBLIGATION.—The total principal amount of an obliga22 tion guaranteed under this section may not exceed 87.5 percent of—

23 ‘‘(1) the actual cost or depreciated actual cost of the facility or

24 plantship; or

25 ‘‘(2) if the facility or plantship is supported with appropriated Fed26 eral funds, the total principal amount of that portion of the actual cost

27 or depreciated actual cost for which the obligor is obligated to secure

28 financing under the agreement between the obligor and the Department

29 of Energy or other Federal agency.

30 ‘‘(f) OTEC DEMONSTRATION FUND.—

31 ‘‘(1) IN GENERAL.—There is a special subaccount, known as the

32 OTEC Demonstration Fund, in the account established under section

33 53717(b)(1) of this title.

34 ‘‘(2) USE AND OPERATION.—The OTEC Demonstration Fund shall

35 be used for obligation guarantees authorized under this section that do

36 not qualify under subchapter I of this chapter. Except as otherwise

37 provided in this section, the OTEC Demonstration Fund shall be oper38 ated in the same manner as the parent account. However—

39 ‘‘(A) amounts received by the Secretary under subchapter I of

40 this chapter related to guarantees or commitments to guarantee
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1 made under this section shall be deposited only in the OTEC

2 Demonstration Fund; and

3 ‘‘(B) when obligations issued by the Secretary under section

4 53723 of this title related to the OTEC Demonstration Fund are

5 outstanding, any amount received by the Secretary under sub6 chapter I of this chapter related to ocean thermal energy conver7 sion facilities or plantships shall be deposited in the OTEC Dem8 onstration Fund.

9 ‘‘(3) TRANSFERS.—Assets in the OTEC Demonstration Fund may

10 be transferred to the parent account when and to the extent the

11 balance in the OTEC Demonstration Fund exceeds the total guaran12 tees or commitments to guarantee made under this section then out13 standing, plus obligations issued by the Secretary under section 53723

14 of this title related to the OTEC Demonstration Fund.

15 ‘‘(4) LIABILITY.—The parent account is not liable for a guarantee

16 or commitment to guarantee made under this section.

17 ‘‘(5) MAXIMUM UNPAID PRINCIPAL AMOUNT.—The total unpaid prin18 cipal amount of the obligations guaranteed with the backing of the

19 OTEC Demonstration Fund and outstanding at any one time may not

20 exceed $1,650,000,000.

21 ‘‘(g) ISSUANCE AND PAYMENT OF OBLIGATIONS.—Section 53723 of this

22 title applies to the OTEC Demonstration Fund. However, obligations issued

23 by the Secretary under that section related to the OTEC Demonstration

24 Fund shall be payable only from proceeds realized by the OTEC Dem25 onstration Fund.

26 ‘‘(h) TAXATION OF INTEREST.—Interest on an obligation guaranteed

27 under this section shall be included in gross income under chapter 1 of the

28 Internal Revenue Code of 1986 (26 U.S.C. ch. 1).

29 ‘‘§ 53732. Eligible export vessels

30 ‘‘(a) APPLICABLE TERMS.—The Secretary may guarantee an obligation

31 for an eligible export vessel in accordance with—

32 ‘‘(1) the terms applicable under this chapter for vessels documented

33 under the laws of the United States; or

34 ‘‘(2) other terms the Secretary determines are more favorable than

35 those terms and compatible with export credit terms offered by foreign

36 governments for the sale of vessels built in foreign shipyards.

37 ‘‘(b) INTERAGENCY COUNCIL.—

38 ‘‘(1) ESTABLISHMENT.—There is an interagency council to carry out

39 this section.

40 ‘‘(2) COMPOSITION.—The council is composed of the following indi41 viduals or their designees:
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1 ‘‘(A) The Secretary of Transportation, who is the chairman of

2 the council.

3 ‘‘(B) The Secretary of the Treasury.

4 ‘‘(C) The Secretary of State.

5 ‘‘(D) The Assistant to the President for Economic Policy.

6 ‘‘(E) The United States Trade Representative.

7 ‘‘(F) The President and Chairman of the Export-Import Bank

8 of the United States.

9 ‘‘(3) FUNCTIONS.—The council shall—

10 ‘‘(A) obtain information on shipbuilding loan guarantees, direct

11 and indirect subsidies, and other favorable treatment of shipyards

12 provided by foreign governments to shipyards in competition with

13 United States shipyards;

14 ‘‘(B) consult regularly with United States shipbuilders to obtain

15 the essential information about international shipbuilding competi16 tion on which to set terms for loan guarantees under subsection

17 (a)(2); and

18 ‘‘(C) provide guidance to the Secretary in establishing terms for

19 loan guarantees under subsection (a)(2).

20 ‘‘(4) ANNUAL REPORT.—Not later than January 31 of each year, the

21 Secretary shall submit to Congress a report on activities of the Sec22 retary under this section during the preceding year. The report shall

23 include—

24 ‘‘(A) documentation of sources of information about assistance

25 by governments of other countries to shipyards in those countries;

26 and

27 ‘‘(B) a summary of recommendations made to the Secretary

28 during the preceding year about applications submitted to the Sec29 retary during that year for loan guarantees to construct eligible

30 export vessels.

31 ‘‘(c) REQUIRED FINDINGS.—

32 ‘‘(1) BENEFIT TO SHIPBUILDING INDUSTRY.—The Secretary may

33 not guarantee or make a commitment to guarantee an obligation for

34 an eligible export vessel unless the Secretary finds that the construc35 tion, reconstruction, or reconditioning of the vessel will aid in the tran36 sition of United States shipyards to commercial activities or will pre37 serve shipbuilding assets that would be essential in time of war or na38 tional emergency.

39 ‘‘(2) PRIORITY OF DOCUMENTED VESSELS.—The Secretary may not

40 make a commitment to guarantee an obligation for an eligible export

41 vessel unless the Secretary determines that making the commitment
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1 will not result in denial of an economically sound application for a com2 mitment to guarantee an obligation for a vessel documented under the

3 laws of the United States and operating in the domestic or foreign

4 commerce of the United States. The Secretary has sole discretion in

5 making the determination. In making the determination, the Secretary

6 shall consider—

7 ‘‘(A) the status and economic soundness of pending applications

8 for commitments to guarantee obligations for vessels documented

9 under the laws of the United States that are operating or will be

10 operating in the domestic or foreign commerce of the United

11 States; and

12 ‘‘(B) the amount of guarantee authority available.

13 ‘‘(d) RESTRICTION ON TRANSFER OF VESSEL.—The Secretary may not

14 guarantee or make a commitment to guarantee an obligation for an eligible

15 export vessel unless the owner of the vessel agrees with the Secretary that

16 the vessel will not be transferred to a country designated by the Secretary

17 of Defense as a country whose interests are hostile to the interests of the

18 United States.

19 ‘‘(e) REVIEW BY SECRETARY OF DEFENSE.—

20 ‘‘(1) NOTIFICATION.—The Secretary shall promptly notify the Sec21 retary of Defense of the receipt of an application for a loan guarantee

22 for an eligible export vessel.

23 ‘‘(2) DISAPPROVAL.—The Secretary of Defense, within 30 days after

24 receiving the notice, may disapprove the guarantee based on an assess25 ment of the potential use of the vessel in a manner that may harm the

26 national security interests of the United States. The Secretary may not

27 disapprove a guarantee solely because of the type of vessel to be con28 structed.

29 ‘‘(3) DELEGATION.—The authority of the Secretary of Defense to

30 disapprove a guarantee under this subsection may be delegated only to

31 a civilian officer of the Department of Defense appointed by the Presi32 dent by and with the advice and consent of the Senate.

33 ‘‘(4) PROHIBITION.—The Secretary may not make a loan guarantee

34 disapproved by the Secretary of Defense under this subsection.

35 ‘‘(f) EXPIRATION OF AUTHORITY.—The Secretary may not issue a com36 mitment to guarantee an obligation for an eligible export vessel under this

37 chapter after the last date on which such a commitment may be issued

38 under any treaty or convention entered into after November 30, 1993, that

39 prohibits guarantee of such an obligation.

40 ‘‘§ 53733. Shipyard modernization and improvement

41 ‘‘(a) DEFINITIONS.—In this section:
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1 ‘‘(1) ADVANCED SHIPBUILDING TECHNOLOGY.—The term ‘advanced

2 shipbuilding technology’ includes—

3 ‘‘(A) numerically controlled machine tools, robots, automated

4 process control equipment, computerized flexible manufacturing

5 systems, associated computer software, and other technology for

6 improving shipbuilding and related industrial production that ad7 vance the state-of-the-art; and

8 ‘‘(B) novel techniques and processes designed to improve ship9 building quality, productivity, and practice, and to promote sus10 tainable development, including engineering design, quality assur11 ance, concurrent engineering, continuous process production tech12 nology, energy efficiency, waste minimization, design for

13 recyclability or parts reuse, inventory management, upgraded

14 worker skills, and communications with customers and suppliers.

15 ‘‘(2) GENERAL SHIPYARD FACILITY.—The term ‘general shipyard fa16 cility’ means—

17 ‘‘(A) for operations on land—

18 ‘‘(i) a structure or appurtenance thereto designed for the

19 construction, reconstruction, repair, rehabilitation, or refur20 bishment of a vessel, including a graving dock, building way,

21 ship lift, wharf, or pier crane;

22 ‘‘(ii) the land necessary for the structure or appurtenance;

23 and

24 ‘‘(iii) equipment that is for use with the structure or ap25 purtenance and that is necessary for performing a function

26 referred to in subclause (i); and

27 ‘‘(B) for operations not on land, a vessel, floating drydock, or

28 barge built in the United States and used for, equipped to be used

29 for, or of a type normally used for, performing a function referred

30 to in subclause (A)(i).

31 ‘‘(3) MODERN SHIPBUILDING TECHNOLOGY.—The term ‘modern

32 shipbuilding technology’ means the best available proven technology,

33 techniques, and processes appropriate to enhancing the productivity of

34 shipyards.

35 ‘‘(b) GENERAL AUTHORITY.—Under subchapter I of this chapter, the

36 Secretary may guarantee or make a commitment to guarantee the payment

37 of the principal of and interest on an obligation for advanced shipbuilding

38 technology and modern shipbuilding technology of a general shipyard facility

39 in the United States. Only a private shipyard is eligible to receive a guar40 antee.
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1 ‘‘(c) APPLICABILITY OF OTHER PROVISIONS.—Except as otherwise pro2 vided in this section, a guarantee or commitment to guarantee under this

3 section is subject to all the provisions applicable to a guarantee or commit4 ment to guarantee under subchapter I of this chapter.

5 ‘‘(d) AMOUNT OF OBLIGATION.—The principal amount of an obligation

6 guaranteed under this chapter may not exceed 87.5 percent of the actual

7 cost of the advanced shipbuilding technology or modern shipbuilding tech8 nology.

9 ‘‘(e) TRANSFER OF AMOUNTS.—The Secretary may accept the transfer

10 of amounts from a department, agency, or instrumentality of the United

11 States Government and may use those amounts to cover the cost (as defined

12 in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a))

13 of making guarantees or commitments to guarantee under this section.

14 ‘‘§ 53734. Replacement of vessels because of changes in oper15 ating standards

16 ‘‘(a) GENERAL AUTHORITY.—Notwithstanding any other provision of this

17 chapter, the Secretary, on terms the Secretary may prescribe, may guar18 antee or make a commitment to guarantee the payment of the principal of

19 and interest on an obligation that aids in financing or refinancing (including

20 reimbursement of an obligor for expenditures previously made for) a con21 tract for the construction or reconstruction of a vessel if—

22 ‘‘(1) the vessel is designed and to be used for commercial use in

23 coastwise, intercoastal, or foreign trade;

24 ‘‘(2) the construction or reconstruction is necessary to replace a ves25 sel that cannot continue to be operated because of a change required

26 by law in the standards for the operation of vessels, and the applicant

27 for the guarantee or commitment would not otherwise legally be able

28 to continue operating vessels in the trades in which the applicant oper29 ated vessels before the change;

30 ‘‘(3) the applicant is presently engaged in transporting cargoes in

31 vessels of the type and class that will be constructed or reconstructed

32 under this section and agrees to employ vessels constructed or recon33 structed under this section as replacements only for vessels made obso34 lete by the change in operating standards;

35 ‘‘(4) the capacity of the vessels to be constructed or reconstructed

36 under this section will not increase the cargo carrying capacity of the

37 vessels being replaced;

38 ‘‘(5) the Secretary has not determined that the market demand for

39 the vessel over its useful life will diminish so as to make granting the

40 guarantee fiduciarily imprudent;
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1 ‘‘(6) the vessel, if to be reconstructed, will have a useful life of at

2 least 15 years after the reconstruction; and

3 ‘‘(7) the Secretary has considered the criteria specified in section

4 53708(a)(3)–(5) of this title.

5 ‘‘(b) TERM AND AMOUNT OF OBLIGATION.—

6 ‘‘(1) TERM.—The term of an obligation guaranteed under this sec7 tion may not exceed 25 years.

8 ‘‘(2) AMOUNT.—The amount of an obligation guaranteed under this

9 section may not exceed 87.5 percent of the actual cost or depreciated

10 actual cost to the applicant for the construction or reconstruction of

11 the vessel. The Secretary may not establish a percentage under this

12 paragraph that is to be applied uniformly to all guarantees or commit13 ments to guarantee made under this section.

14 ‘‘(c) APPLICABILITY OF OTHER PROVISIONS.—A guarantee or commit15 ment to guarantee under this section is also subject to sections 53701,

16 53702(a), 53704, 53705, 53707(a), 53708(d) and (e), 53709(a),

17 53710(a)(1), (2), and (4) and (c), 53711(a), 53713, 53714, 53717, and

18 53721–53725 of this title.

19 ‘‘(d) SECURITY AGAINST DEFAULT.—The Secretary shall require by reg20 ulation that an applicant under this section provide adequate security

21 against default.

22 ‘‘(e) GUARANTEE FEES.—The Secretary may establish a fee for the guar23 antee of an obligation under this section that is in addition to the fee estab24 lished under section 53714 of this title. The fee may be—

25 ‘‘(1) an annual fee of not more than an additional 1 percent added

26 to the fee established under section 53714 of this title; or

27 ‘‘(2) a fee based on the amount of the obligation versus the percent28 age of the obligor’s fleet being replaced by vessels constructed or recon29 structed under this section.

30 ‘‘§ 53735. Fisheries financing and capacity reduction

31 ‘‘(a) DEFINITION.—In this section, the term ‘program’ means a fishing

32 capacity reduction program established under section 312 of the Magnuson33 Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a).

34 ‘‘(b) GUARANTEE AUTHORITY.—The Secretary may guarantee the repay35 ment of debt obligations issued by entities under this section. Debt obliga36 tions to be guaranteed may be issued by any entity that has been approved

37 by the Secretary and has agreed with the Secretary to conditions the Sec38 retary considers necessary for this section to achieve the objective of the

39 program and to protect the interest of the United States.

40 ‘‘(c) REQUIREMENTS OF OBLIGATIONS.—A debt obligation guaranteed

41 under this section shall—
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1 ‘‘(1) be treated in the same manner and to the same extent as other

2 obligations guaranteed under this chapter, except with respect to provi3 sions of this chapter that by their nature cannot be applied to obliga4 tions guaranteed under this section;

5 ‘‘(2) have the fishing fees established under the program paid into

6 a separate subaccount of the fishing capacity reduction fund estab7 lished under this section;

8 ‘‘(3) not exceed $100,000,000 in an unpaid principal amount out9 standing at any one time for a program;

10 ‘‘(4) have such maturity (not to exceed 20 years), take such form,

11 and contain such conditions as the Secretary determines necessary for

12 the program to which they relate;

13 ‘‘(5) have as the exclusive source of repayment (subject to the second

14 sentence of subsection (d)(2)) and as the exclusive payment security,

15 the fishing fees established under the program; and

16 ‘‘(6) at the discretion of the Secretary be issued in the public market

17 or sold to the Federal Financing Bank.

18 ‘‘(d) FISHING CAPACITY REDUCTION FUND.—

19 ‘‘(1) IN GENERAL.—There is a separate account in the Treasury,

20 known as the Fishing Capacity Reduction Fund. Within the Fund, at

21 least one subaccount shall be established for each program into which

22 shall be paid all fishing fees established under the program and other

23 amounts authorized for the program.

24 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts in the Fund shall be

25 available, without appropriation or fiscal year limitation, to the Sec26 retary to pay the cost of the program, including payments to financial

27 institutions to pay debt obligations incurred by entities under this sec28 tion. Funds available for this purpose from other amounts available for

29 the program may also be used to pay those debt obligations.

30 ‘‘(3) INVESTMENT.—Amounts in the Fund that are not currently

31 needed for the purpose of this section shall be kept on deposit or in32 vested in obligations of the United States Government.

33 ‘‘(e) REGULATIONS.—The Secretary shall prescribe regulations the Sec34 retary considers necessary to carry out this section.

35 ‘‘CHAPTER 539—WAR RISK INSURANCE

‘‘Sec.

‘‘53901. Definitions.

‘‘53902. Authority to provide insurance.

‘‘53903. Insurable interests.

‘‘53904. Liability insurance for persons involved in war or defense efforts.

‘‘53905. Agency insurance.

‘‘53906. Hull insurance valuation.

‘‘53907. Reinsurance.

‘‘53908. Additional insurance privately obtained.

‘‘53909. War risk insurance revolving fund.
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‘‘53910. Administrative.

‘‘53911. Civil actions for losses.

‘‘53912. Expiration date.

1 ‘‘§ 53901. Definitions

2 ‘‘In this chapter:

3 ‘‘(1) AMERICAN VESSEL.—The term ‘American vessel’ includes—

4 ‘‘(A) a documented vessel with a registry or coastwise endorse5 ment under chapter 121 of this title;

6 ‘‘(B) an undocumented vessel owned or chartered by or made

7 available to the United States Government; and

8 ‘‘(C) a tug, barge, or other watercraft (whether or not docu9 mented) owned by a citizen of the United States and used in es10 sential water transportation or in the fisheries, except only for

11 sport fishing.

12 ‘‘(2) CARGO.—The term ‘cargo’ includes a loaded or empty container

13 on a vessel.

14 ‘‘(3) TRANSPORTATION IN THE WATERBORNE COMMERCE OF THE

15 UNITED STATES.—The term ‘transportation in the waterborne com16 merce of the United States’ includes the operation of a vessel in the

17 fisheries, except only for sport fishing.

18 ‘‘(4) WAR RISKS.—The term ‘war risks’ includes, to the extent the

19 Secretary of Transportation determines—

20 ‘‘(A) any part of a loss excluded from marine insurance cov21 erage under a ‘free of capture or seizure’ clause or analogous

22 clause; and

23 ‘‘(B) any other loss from a hostile act, including confiscation,

24 expropriation, nationalization, or deprivation.

25 ‘‘§ 53902. Authority to provide insurance

26 ‘‘(a) IN GENERAL.—With the approval of the President, and after such

27 consultation with interested agencies of United States Government as the

28 President may require, the Secretary of Transportation may provide insur29 ance and reinsurance against loss or damage from war risks as provided by

30 this chapter whenever it appears to the Secretary that insurance adequate

31 for the needs of the waterborne commerce of the United States cannot be

32 obtained on reasonable terms and conditions from companies authorized to

33 do insurance business in a State of the United States.

34 ‘‘(b) CONSIDERATION OF RISK.—Insurance or reinsurance under this

35 chapter shall be based, insofar as practicable, on consideration of the risk

36 involved.

37 ‘‘(c) AVAILABILITY OF VESSEL DURING WAR OR NATIONAL EMER38 GENCY.—Insurance or reinsurance for a vessel may be provided under this
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1 chapter only on the condition that the vessel will be available to the Govern2 ment in time of war or national emergency.

3 ‘‘§ 53903. Insurable interests

4 ‘‘(a) IN GENERAL.—The Secretary of Transportation may provide insur5 ance and reinsurance under this chapter for—

6 ‘‘(1) an American vessel, including a vessel under construction;

7 ‘‘(2) a foreign vessel—

8 ‘‘(A) owned by a citizen of the United States; or

9 ‘‘(B) engaged in transportation in the waterborne commerce of

10 the United States or in such other transportation by water or such

11 other services as the Secretary considers to be in the interest of

12 the national defense or national economy of the United States,

13 when so engaged;

14 ‘‘(3) cargo—

15 ‘‘(A) shipped or to be shipped on a vessel insurable under this

16 section, including by express or registered mail;

17 ‘‘(B) owned by a citizen or resident of the United States;

18 ‘‘(C) imported to or exported from the United States, or sold

19 or purchased by a citizen or resident of the United States, under

20 a contract of sale or purchase the terms of which provide that the

21 risk of loss by war risks or the obligation to provide insurance

22 against war risks is on a citizen or resident of the United States;

23 or

24 ‘‘(D) shipped between ports in the United States;

25 ‘‘(4) disbursements, including advances to masters and general aver26 age disbursements, and freight and passage money of a vessel insurable

27 under this section;

28 ‘‘(5) personal effects of an individual on a vessel insurable under this

29 section;

30 ‘‘(6) loss of life, injury, or detention by an enemy of the United

31 States after capture, with respect to an individual on a vessel insurable

32 under this section; and

33 ‘‘(7) statutory or contractual obligations or other liabilities of a ves34 sel insurable under this section or of the owner or charterer of such

35 a vessel, of a nature customarily covered by insurance.

36 ‘‘(b) CONSIDERATIONS FOR FOREIGN VESSELS.—In determining whether

37 to provide insurance or reinsurance for a foreign vessel, the Secretary shall

38 consider the characteristics, employment, and general management of the

39 vessel by the owner or charterer.

40 ‘‘(c) NON-WAR RISKS.—Insurance of a risk under subsection (a)(5)–(7),

41 insofar as it involves a liability related to an individual on the vessel, may
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1 include risks other than war risks to the extent the Secretary considers ad2 visable.

3 ‘‘§ 53904. Liability insurance for persons involved in war or

4 defense efforts

5 ‘‘(a) IN GENERAL.—The Secretary of Transportation may provide insur6 ance under this chapter against legal liability that a person may incur in

7 providing services or facilities for a vessel if, in the opinion of the Secretary,

8 the insurance—

9 ‘‘(1) is required in prosecuting a war or for national defense; and

10 ‘‘(2) cannot be obtained at reasonable rates or on reasonable terms

11 and conditions from approved companies authorized to do insurance

12 business in a State of the United States.

13 ‘‘(b) LIMITATIONS.—Employer liability insurance and worker compensa14 tion insurance against legal liability to employees may not be provided under

15 this section.

16 ‘‘§ 53905. Agency insurance

17 ‘‘(a) IN GENERAL.—With the approval of the President, an agency of the

18 United States Government may obtain insurance provided for by this chap19 ter from the Secretary of Transportation, except as provided in sections

20 17302 and 17303 of title 40.

21 ‘‘(b) PREMIUM WAIVERS.—With the approval of the President, the Sec22 retary of Transportation may provide insurance under this chapter at the

23 request of the Secretary of Defense and other agencies the President may

24 prescribe, without payment of an insurance premium if the Secretary of De25 fense or agency agrees to indemnify the Secretary of Transportation against

26 loss covered by the insurance. The Secretary of Defense and agencies may

27 make such an indemnity agreement.

28 ‘‘(c) PRESIDENTIAL APPROVAL.—The signature of the President (or an

29 official designated by the President) on the agreement shall be treated as

30 the approval required by section 53902(a) of this title.

31 ‘‘§ 53906. Hull insurance valuation

32 ‘‘(a) STATED VALUATION.—The valuation in a hull insurance policy for

33 actual or constructive total loss of the insured vessel shall be a stated valu34 ation determined by the Secretary of Transportation. The stated

35 valuation—

36 ‘‘(1) shall exclude national defense features paid for by the United

37 States Government; and

38 ‘‘(2) may not exceed the amount that would be payable if the owner39 ship of the vessel had been requisitioned under chapter 563 of this title

40 at the time the insurance attached under the policy.
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1 ‘‘(b) REJECTING STATED VALUATION.—Within 60 days after the insur2 ance attaches under a policy referred to in subsection (a) or within 60 days

3 after the Secretary determines the valuation, whichever is later, the insured

4 may reject the valuation and pay, at the rate provided in the policy, pre5 miums based on the asserted valuation the insured specifies at the time of

6 rejection. However, the asserted valuation is not binding on the Government

7 in any subsequent action on the policy.

8 ‘‘(c) AMOUNT OF CLAIM.—If a vessel is actually or constructively totally

9 lost and the insured under a policy referred to in subsection (a) has not

10 rejected the stated valuation determined by the Secretary, the amount of a

11 claim adjusted, compromised, settled, adjudged, or paid may not exceed the

12 stated valuation. However, if the insured has rejected the valuation, the

13 insured—

14 ‘‘(1) shall be paid, as a tentative advance only, 75 percent of the

15 stated valuation; and

16 ‘‘(2) may bring a civil action against the Government in a court hav17 ing jurisdiction of the claim to recover a valuation equal to the just

18 compensation the court determines would have been payable if the own19 ership of the vessel had been requisitioned under chapter 563 of this

20 title at the time the insurance attached under the policy.

21 ‘‘(d) ADJUSTING PREMIUMS.—If a court makes a determination as pro22 vided under subsection (c)(2), premiums paid under the policy shall be ad23 justed based on the court’s determination and the rates provided for in the

24 policy.

25 ‘‘§ 53907. Reinsurance

26 ‘‘(a) IN GENERAL.—To the extent the Secretary of Transportation is au27 thorized to provide insurance under this chapter, the Secretary may provide

28 reinsurance to a company authorized to do insurance business in a State

29 of the United States. The Secretary may obtain reinsurance from such a

30 company for any insurance provided by the Secretary under this chapter.

31 ‘‘(b) RATES.—The Secretary may not provide reinsurance at rates less

32 than, nor obtain reinsurance at rates more than, the rates established by

33 the Secretary on the same or similar risks or the rates charged by the insur34 ance company for the insurance reinsured, whichever is more advantageous

35 to the Secretary. However, the Secretary may provide an allowance to the

36 insurance company for the costs of services and facilities the company pro37 vides, in an amount the Secretary considers reasonable according to good

38 business practice. The allowance to the company may not include any

39 amount for soliciting or stimulating insurance business.
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1 ‘‘§ 53908. Additional insurance privately obtained

2 ‘‘With the approval of the Secretary of Transportation, a person having

3 an insurable interest in a vessel may obtain insurance on the vessel with

4 other underwriting agents in addition to the insurance with the Secretary.

5 The Secretary is not entitled to the benefit of the additional insurance.

6 ‘‘§ 53909. War risk insurance revolving fund

7 ‘‘(a) IN GENERAL.—There is a war risk insurance revolving fund in the

8 Treasury.

9 ‘‘(b) DEPOSITS.—There shall be deposited in the fund amounts appro10 priated to carry out this chapter and amounts received in carrying out this

11 chapter.

12 ‘‘(c) PAYMENTS.—There shall be paid from the fund amounts for return

13 premiums, losses, settlements, judgments, and all liabilities incurred by the

14 United States Government under this chapter.

15 ‘‘(d) INVESTMENT.—On request of the Secretary of Transportation, the

16 Secretary of the Treasury may invest or reinvest any part of the fund in

17 securities of the Government or securities whose principal and interest are

18 guaranteed by the Government. Interest and benefits from the securities

19 shall be deposited in the fund.

20 ‘‘§ 53910. Administrative

21 ‘‘(a) ACCORDANCE WITH COMMERCIAL PRACTICE.—In carrying out this

22 chapter, the Secretary of Transportation may act in accordance with com23 mercial practice in the marine insurance business.

24 ‘‘(b) REGULATIONS.—The Secretary may prescribe regulations the Sec25 retary considers appropriate to carry out this chapter.

26 ‘‘(c) POLICIES, RATES, AND ANNUAL FEES.—The Secretary may pre27 scribe and change forms and policies, and fix and change the amounts in28 sured and rates of premium, under this chapter.

29 ‘‘(d) ANNUAL FEES.—The Secretary may charge and collect an annual

30 fee in an amount calculated to cover the expenses of processing applications

31 for insurance, employing underwriting agents, and appointing experts under

32 this chapter.

33 ‘‘(e) PAYMENT OF CLAIMS AND JUDGMENTS.—The Secretary may settle

34 and pay claims, and pay judgments against the United States Government,

35 related to insurance under this chapter.

36 ‘‘(f) UNDERWRITING AGENTS.—

37 ‘‘(1) IN GENERAL.—The Secretary may, and when the Secretary

38 finds it practical to do so shall, employ a domestic company or group

39 of domestic companies, authorized to do marine insurance business in

40 a State of the United States, to act as underwriting agent for the Sec-
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1 retary. The services of an underwriting agent may be used in adjusting

2 claims, but a claim may not be paid until approved by the Secretary.

3 ‘‘(2) COMPENSATION.—The Secretary may allow the company or

4 group of companies reasonable compensation for services as the under5 writing agent. The compensation may include an allowance for expenses

6 reasonably incurred by the agent, but may not include any amount for

7 soliciting or stimulating business.

8 ‘‘(g) FEES FOR ARRANGING INSURANCE.—Except as provided in sub9 section (f)(2), the Secretary may not pay an insurance broker or other per10 son acting in a similar intermediary capacity a fee or other consideration

11 for participating in arranging insurance when the Secretary directly insures

12 any of the risk.

13 ‘‘(h) EMPLOYMENT OF MARINE INSURANCE EXPERTS.—The Secretary,

14 without regard to the laws and regulations on the employment of Federal

15 employees, may appoint and prescribe the duties of experts in marine insur16 ance as the Secretary considers necessary to carry out this chapter.

17 ‘‘(i) SERVICES OF OTHER GOVERNMENT AGENCIES.—With the consent of

18 another Government agency, the Secretary may use information, services,

19 facilities, officers, and employees of the agency in carrying out this chapter.

20 ‘‘(j) VESSEL LOCATION REPORTING.—The Secretary may prescribe by

21 regulation vessel location reporting requirements for a vessel insured under

22 this chapter.

23 ‘‘§ 53911. Civil actions for losses

24 ‘‘(a) IN GENERAL.—If there is a disagreement about a loss insured under

25 this chapter, a civil action in admiralty may be brought against the United

26 States Government in the district court of the United States for the district

27 in which the plaintiff or the plaintiff’s agent resides. If the plaintiff has no

28 residence in the United States, the action may be brought in the United

29 States District Court for the District of Columbia or in the district court

30 for any district in which the Attorney General agrees to accept service. Any

31 person who may have an interest in the insurance may be made a party,

32 either initially or on the motion of either party.

33 ‘‘(b) EXCLUSIVE REMEDY.—A civil action against the Government under

34 this section is exclusive of any other action by reason of the same subject

35 matter against an officer, employee, or agent employed or retained by the

36 Government under this chapter.

37 ‘‘(c) PROCEDURE.—A civil action under this section shall be heard and

38 determined under chapter 309 of this title.

39 ‘‘(d) TOLLING OF LIMITATIONS PERIOD.—If a claim is filed with the Sec40 retary of Transportation, the running of the limitations period for bringing

41 a civil action is suspended until the Secretary denies the claim, and for 60
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1 days thereafter. The Secretary is deemed to have denied the claim if the

2 Secretary does not act on the claim within 6 months after the claim is filed,

3 unless the Secretary for good cause shown agrees with the claimant on a

4 different period for the Secretary to act on the claim.

5 ‘‘(e) INTERPLEADER.—If the Secretary acknowledges the indebtedness of

6 the Government under the insurance and there is a dispute about the per7 sons entitled to receive payment, the Government may bring a civil action

8 interpleading those persons. The action shall be brought in the United

9 States District Court for the District of Columbia or in the district court

10 for the district in which any of those persons resides. A person not residing

11 or found in the district may be made a party by service in any reasonable

12 manner the court directs. If the court is satisfied that unknown persons

13 might make a claim under the insurance, the court may direct service on

14 those unknown persons by publication in the Federal Register. Judgment

15 after service by publication in the Federal Register discharges the Govern16 ment from further liability to all persons.

17 ‘‘§ 53912. Expiration date

18 ‘‘The authority of the Secretary of Transportation to provide insurance

19 and reinsurance under this chapter expires on June 30, 2005.

20 ‘‘PART D—PROMOTIONAL PROGRAMS

21 ‘‘CHAPTER 551—COASTWISE TRADE

‘‘Sec.

‘‘55101. Application of coastwise laws.

‘‘55102. Transportation of merchandise.

‘‘55103. Transportation of passengers.

‘‘55104. Transportation of passengers between Puerto Rico and other ports in the United

States.

‘‘55105. Transportation of hazardous waste.

‘‘55106. Merchandise transferred between barges.

‘‘55107. Empty cargo containers and barges.

‘‘55108. Platform jackets.

‘‘55109. Dredging.

‘‘55110. Transportation of dredged material.

‘‘55111. Towing.

‘‘55112. Vessel escort operations and towing assistance.

‘‘55113. Use of foreign documented oil spill response vessels.

‘‘55114. Unloading fish from foreign vessels.

‘‘55115. Supplies on fish processing vessels.

‘‘55116. Canadian rail lines.

‘‘55117. Great Lakes rail route.

‘‘55118. Foreign railroads whose road enters by ferry, tugboat, or towboat.

‘‘55119. Yukon River.

‘‘55120. Transshipment of imported merchandise intended for immediate exportation.

22 ‘‘§ 55101. Application of coastwise laws

23 ‘‘(a) IN GENERAL.—Except as provided in subsection (b), the coastwise

24 laws apply to the United States, including the island territories and posses25 sions of the United States.

26 ‘‘(b) EXCEPTIONS.—The coastwise laws do not apply to—
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1 ‘‘(1) the Virgin Islands until the President declares by proclamation

2 that the coastwise laws apply to the Virgin Islands; or

3 ‘‘(2) American Samoa.

4 ‘‘§ 55102. Transportation of merchandise

5 ‘‘(a) DEFINITION.—In this section, the term ‘merchandise’ includes—

6 ‘‘(1) merchandise owned by the United States Government, a State,

7 or a subdivision of a State; and

8 ‘‘(2) valueless material.

9 ‘‘(b) REQUIREMENTS.—Except as otherwise provided in this chapter or

10 chapter 121 of this title, a vessel may not provide any part of the transpor11 tation of merchandise by water, or by land and water, between points in

12 the United States to which the coastwise laws apply, either directly or via

13 a foreign port, unless the vessel—

14 ‘‘(1) is wholly owned by citizens of the United States for purposes

15 of engaging in the coastwise trade; and

16 ‘‘(2) has been issued a certificate of documentation with a coastwise

17 endorsement under chapter 121 or is exempt from documentation but

18 would otherwise be eligible for such a certificate and endorsement.

19 ‘‘(c) PENALTY.—Merchandise transported in violation of subsection (b) is

20 liable to seizure by and forfeiture to the Government. Alternatively, an

21 amount equal to the value of the merchandise (as determined by the Sec22 retary of Homeland Security) or the actual cost of the transportation,

23 whichever is greater, may be recovered from any person transporting the

24 merchandise or causing the merchandise to be transported.

25 ‘‘§ 55103. Transportation of passengers

26 ‘‘(a) IN GENERAL.—Except as otherwise provided in this chapter or chap27 ter 121 of this title, a vessel may not transport passengers between ports

28 or places in the United States, either directly or via a foreign port, unless

29 the vessel—

30 ‘‘(1) is wholly owned by citizens of the United States for purposes

31 of engaging in the coastwise trade; and

32 ‘‘(2) has been issued a certificate of documentation with a coastwise

33 endorsement under chapter 121 or is exempt from documentation but

34 would otherwise be eligible for such a certificate and endorsement.

35 ‘‘(b) PENALTY.—The penalty for violating subsection (a) is $300 for each

36 passenger transported and landed.

37 ‘‘§ 55104. Transportation of passengers between Puerto Rico

38 and other ports in the United States

39 ‘‘(a) DEFINITIONS.—In this section:

40 ‘‘(1) CERTIFICATE.—The term ‘certificate’ means a certificate of fi41 nancial responsibility for indemnification of passengers for nonperform-
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1 ance of transportation issued by the Federal Maritime Commission

2 under section 44102 of this title.

3 ‘‘(2) PASSENGER VESSEL.—The term ‘passenger vessel’ means a ves4 sel of similar size, or offering similar service, as any other vessel trans5 porting passengers under subsection (b).

6 ‘‘(b) EXEMPTION.—Except as otherwise provided in this section, a vessel

7 not qualified to engage in the coastwise trade may transport passengers be8 tween a port in Puerto Rico and another port in the United States.

9 ‘‘(c) EXPIRATION OF EXEMPTION.—

10 ‘‘(1) WHEN COASTWISE-QUALIFIED VESSEL OFFERING SERVICE.—On

11 a showing to the Secretary of the department in which the Coast Guard

12 is operating, by the vessel owner or charterer, that a United States

13 passenger vessel qualified to engage in the coastwise trade is offering

14 or advertising passenger service between a port in Puerto Rico and an15 other port in the United States pursuant to a certificate, the Secretary

16 shall notify the owner or operator of each vessel transporting pas17 sengers under subsection (b) to terminate that transportation within

18 270 days after the Secretary’s notification. Except as provided in sub19 section (d), the authority to transport passengers under subsection (b)

20 expires at the end of that 270-day period.

21 ‘‘(2) WHEN NON-COASTWISE-QUALIFIED VESSEL OFFERING SERV22 ICE.—On a showing to the Secretary, by the vessel owner or charterer,

23 that a United States passenger vessel not qualified to engage in the

24 coastwise trade is offering or advertising passenger service between a

25 port in Puerto Rico and another port in the United States pursuant

26 to a certificate, the Secretary shall notify the owner or operator of each

27 foreign vessel transporting passengers under subsection (b) to termi28 nate that transportation within 270 days after the Secretary’s notifica29 tion. Except as provided in subsection (d), the authority of a foreign

30 vessel to transport passengers under subsection (b) expires at the end

31 of that 270-day period.

32 ‘‘(d) DELAYING EXPIRATION.—If the vessel offering or advertising the

33 service described in subsection (c) has not begun that service within 270

34 days after the Secretary’s notification, the expiration provided by subsection

35 (c) is delayed until 90 days after the vessel offering or advertising the serv36 ice begins that service.

37 ‘‘(e) REINSTATEMENT OF EXEMPTION.—If the Secretary finds that the

38 service on which an expiration was based is no longer available, the expired

39 authority to transport passengers is reinstated.
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1 ‘‘§ 55105. Transportation of hazardous waste

2 ‘‘(a) IN GENERAL.—The transportation of hazardous waste, as defined in

3 section 1004(5) of the Resource Conservation and Recovery Act of 1976 (42

4 U.S.C. 6903(5)), from a point in the United States to sea for incineration

5 is deemed to be transportation of merchandise under section 55102 of this

6 title.

7 ‘‘(b) NONAPPLICATION TO CERTAIN FOREIGN VESSELS.—

8 ‘‘(1) IN GENERAL.—Subsection (a) does not apply to transportation

9 performed by a foreign-flag ocean incineration vessel owned by or

10 under construction on May 1, 1982, for a corporation wholly owned by

11 citizens of the United States under section 50501(a)–(c) of this title.

12 ‘‘(2) STANDARDS FOR INCINERATION EQUIPMENT.—Incineration

13 equipment on a vessel described in paragraph (1) must meet standards

14 of the Coast Guard and the Environmental Protection Agency.

15 ‘‘(3) INSPECTION.—A vessel described in paragraph (1) shall be in16 spected by the Coast Guard, regardless of whether inspected by the flag

17 nation. The inspection shall be the same as would be required of a ves18 sel of the United States, including drydock inspection and internal ex19 amination of tanks and void spaces. The inspection may be made con20 currently with an inspection by the flag nation or within one year after

21 the initial issuance or next scheduled issuance of the Safety of Life at

22 Sea Safety Construction Certificate. In making the inspection, the

23 Coast Guard shall refer to the condition of the hull and superstructure

24 established by the initial foreign certification as the basis for evaluating

25 the current condition of the hull and superstructure. The Coast Guard

26 shall allow the substitution of fittings, material, apparatus, equipment,

27 and appliances different from those required for vessels of the United

28 States if satisfied they are equivalent and at least as effective as those

29 required for vessels of the United States. A satisfactory inspection

30 under this paragraph shall be certified in writing by the Secretary of

31 the department in which the Coast Guard is operating.

32 ‘‘(c) EFFECTIVE DATE.—Subsection (a) is not effective until an appro33 priate vessel has been built and documented under chapter 121 of this title.

34 ‘‘§ 55106. Merchandise transferred between barges

35 ‘‘(a) IN GENERAL.—On terms and conditions the Secretary of Homeland

36 Security may prescribe by regulation, the Secretary may suspend the appli37 cation of section 55102 of this title to the transportation of merchandise

38 that is transferred, when moving in the foreign trade of the United States,

39 from a barge certified by the owner or operator as designed specifically for

40 carriage on a vessel and carried regularly on a vessel in foreign trade, to

41 another such barge owned or leased by the same owner or operator. How-
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1 ever, this subsection does not apply to transportation between the conti2 nental United States and noncontiguous States, territories, or possessions

3 to which the coastwise laws apply.

4 ‘‘(b) RECIPROCITY REQUIREMENT FOR FOREIGN VESSELS.—This section

5 applies to a vessel of foreign registry only if the Secretary of Homeland Se6 curity finds, based on information from the Secretary of State, that the gov7 ernment of the nation of registry extends reciprocal privileges to vessels of

8 the United States.

9 ‘‘§ 55107. Empty cargo containers and barges

10 ‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), and on terms and

11 conditions the Secretary of Homeland Security may prescribe by regulation,

12 section 55102 of this title does not apply to the transportation of—

13 ‘‘(1) empty cargo vans, empty lift vans, or empty shipping tanks;

14 ‘‘(2) equipment for use with cargo vans, lift vans, or shipping tanks;

15 ‘‘(3) empty barges specifically designed for carriage aboard a vessel

16 and equipment (except propulsion equipment) for use with those

17 barges;

18 ‘‘(4) empty instruments for international traffic exempted from the

19 customs laws under section 322(a) of the Tariff Act of 1930 (19

20 U.S.C. 1322(a)); or

21 ‘‘(5) stevedoring equipment and material.

22 ‘‘(b) CONDITIONS.—

23 ‘‘(1) CLAUSES (1)–(4).—Clauses (1)–(4) of subsection (a) apply only

24 if the items named are owned or leased by the owner or operator of

25 the vessel and transported for its use in handling its cargo in foreign

26 trade.

27 ‘‘(2) CLAUSE (5).—Clause (5) of subsection (a) applies only if the

28 items named are—

29 ‘‘(A) owned or leased by the owner or operator of the vessel or

30 by the stevedoring company having the contract for the loading or

31 unloading of the vessel; and

32 ‘‘(B) transported without charge for use in the handling of

33 cargo in foreign trade.

34 ‘‘(c) RECIPROCITY REQUIREMENT FOR FOREIGN VESSELS.—This section

35 applies to a vessel of foreign registry only if the Secretary of Homeland Se36 curity finds, based on information from the Secretary of State, that the gov37 ernment of the nation of registry extends reciprocal privileges to vessels of

38 the United States.

39 ‘‘§ 55108. Platform jackets

40 ‘‘(a) DEFINITIONS.—In this section:
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1 ‘‘(1) COASTWISE QUALIFIED VESSEL.—The term ‘coastwise qualified

2 vessel’ means a vessel that has been issued a certificate of documenta3 tion with a coastwise endorsement under chapter 121 of this title.

4 ‘‘(2) PLATFORM JACKET.—The term ‘platform jacket’ refers to a

5 single physical component and includes any type of offshore explo6 ration, development, or production structure or component thereof,

7 including—

8 ‘‘(A) platform jackets;

9 ‘‘(B) tension leg or SPAR platform superstructures (including

10 the deck, drilling rig and support utilities, and supporting struc11 ture);

12 ‘‘(C) hull (including vertical legs and connecting pontoons or

13 vertical cylinder);

14 ‘‘(D) tower and base sections of a platform jacket;

15 ‘‘(E) jacket structures; and

16 ‘‘(F) deck modules (known as ‘topsides’).

17 ‘‘(b) AUTHORIZED TRANSPORTATION.—Section 55102 of this title does

18 not apply to the transportation of a platform jacket in or on a non-coastwise

19 qualified launch barge between two points in the United States, at one of

20 which there is an installation or other device within the meaning of section

21 4(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)), if—

22 ‘‘(1) the launch barge was built before December 31, 2000, and has

23 a launch capacity of at least 12,000 long tons; and

24 ‘‘(2) the Secretary of Transportation makes a determination, in ac25 cordance with procedures established under subsection (c), that a suit26 able coastwise qualified vessel is not available for use in the transpor27 tation and, if needed, launch or installation of a platform jacket.

28 ‘‘(c) PROCEDURES TO MAXIMIZE USE OF COASTWISE QUALIFIED VES29 SELS.—The Secretary of Transportation shall adopt procedures imple30 menting this section that are reasonably designed to provide timely informa31 tion so as to maximize the use of coastwise qualified vessels. The procedures

32 shall, among other things, establish that for purposes of this section, a

33 coastwise qualified vessel shall be deemed to be not available only if—

34 ‘‘(1) on application by an owner or operator for the use of a non35 coastwise qualified launch barge for transportation of a platform jacket

36 under this section (which application shall include all relevant informa37 tion, including engineering details and timing requirements), the Sec38 retary promptly publishes a notice in the Federal Register—

39 ‘‘(A) describing the project and the platform jacket involved;
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1 ‘‘(B) advising that all relevant information reasonably needed to

2 assess the transportation requirements for the platform jacket will

3 be made available to interested parties on request; and

4 ‘‘(C) requesting that information on the availability of coastwise

5 qualified vessels be submitted within 30 days after publication of

6 that notice; and

7 ‘‘(2)(A) no information is submitted to the Secretary within that 30

8 day period; or

9 ‘‘(B) the owner or operator of a coastwise qualified vessel submits

10 information to the Secretary asserting that the owner or operator has

11 a suitable coastwise qualified vessel available for the transportation, but

12 the Secretary determines, within 90 days after the notice is first pub13 lished, that the coastwise qualified vessel is not suitable or reasonably

14 available for the transportation.

15 ‘‘§ 55109. Dredging

16 ‘‘(a) IN GENERAL.—Except as provided in subsection (b), a vessel may

17 engage in dredging in the navigable waters of the United States only if—

18 ‘‘(1) the vessel is wholly owned by citizens of the United States for

19 purposes of engaging in the coastwise trade;

20 ‘‘(2) the charterer, if any, is a citizen of the United States for pur21 poses of engaging in the coastwise trade; and

22 ‘‘(3) the vessel has been issued a certificate of documentation with

23 a coastwise endorsement under chapter 121 of this title or is exempt

24 from documentation but would otherwise be eligible for such a certifi25 cate and endorsement.

26 ‘‘(b) DREDGING OF GOLD IN ALASKA.—A documented vessel with a reg27 istry endorsement may engage in the dredging of gold in Alaska.

28 ‘‘(c) PENALTY.—If a vessel is operated in knowing violation of this sec29 tion, the vessel and its equipment are liable to seizure by and forfeiture to

30 the United States Government.

31 ‘‘§ 55110. Transportation of dredged material

32 ‘‘Section 55102 of this title applies to the transportation of valueless ma33 terial or dredged material, regardless of whether it has commercial value,

34 from a point in the United States or on the high seas within the exclusive

35 economic zone, to another point in the United States or on the high seas

36 within the exclusive economic zone.

37 ‘‘§ 55111. Towing

38 ‘‘(a) IN GENERAL.—Except when towing a vessel in distress, a vessel may

39 not do any part of any towing described in subsection (b) unless the towing

40 vessel—
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1 ‘‘(1) is wholly owned by citizens of the United States for purposes

2 of engaging in the coastwise trade; and

3 ‘‘(2) has been issued a certificate of documentation with a coastwise

4 endorsement under chapter 121 of this title or is exempt from docu5 mentation but would otherwise be eligible for such a certificate and en6 dorsement.

7 ‘‘(b) APPLICABLE TOWING.—Subsection (a) applies to the towing of—

8 ‘‘(1) a vessel between ports or places in the United States to which

9 the coastwise laws apply, either directly or via a foreign port or place;

10 ‘‘(2) a vessel from point to point within the harbors of ports or

11 places to which the coastwise laws apply; or

12 ‘‘(3) a vessel transporting valueless material or dredged material, re13 gardless of whether it has commercial value, from a point in the United

14 States or on the high seas within the exclusive economic zone, to an15 other point in the United States or on the high seas within the exclu16 sive economic zone.

17 ‘‘(c) PENALTIES.—

18 ‘‘(1) OWNER AND MASTER.—The owner and master of a vessel tow19 ing another vessel in violation of this section are each liable for a pen20 alty of at least $350 but not more than $1,100. A penalty under this

21 paragraph constitutes a lien on the vessel. The lien is enforceable in

22 a district court of the United States for any district in which the vessel

23 is found. Clearance may not be granted to the vessel until the penalties

24 have been paid.

25 ‘‘(2) VESSEL.—In addition to the penalties under paragraph (1), the

26 towing vessel is liable for a penalty of $60 per ton based on the ton27 nage of each towed vessel.

28 ‘‘§ 55112. Vessel escort operations and towing assistance

29 ‘‘(a) IN GENERAL.—Except in the case of a vessel in distress, only a ves30 sel of the United States may perform the following escort vessel operations

31 within the navigable waters of the United States:

32 ‘‘(1) Operations that commence or terminate at a port or place in

33 the United States.

34 ‘‘(2) Operations required by United States law or regulation.

35 ‘‘(3) Operations provided in whole or in part within or through navi36 gation facilities owned, maintained, or operated by the United States

37 Government or the approaches to those facilities, other than facilities

38 operated by the St. Lawrence Seaway Development Corporation on the

39 St. Lawrence River portion of the Seaway.

40 ‘‘(b) ESCORT VESSELS.—For purposes of this section, an escort vessel

41 is—
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1 ‘‘(1) any vessel that is assigned and dedicated to assist another ves2 sel, whether or not tethered to that vessel, solely as a safety precaution

3 to assist in controlling the speed or course of the assisted vessel in the

4 event of a steering or propulsion equipment failure, or any other simi5 lar emergency circumstance, or in restricted waters where additional

6 assistance in maneuvering the vessel is required to ensure its safe oper7 ation; and

8 ‘‘(2) in the case of a vessel being towed under section 55111 of this

9 title, any vessel that is assigned and dedicated to the vessel being towed

10 in addition to any towing vessel required under that section.

11 ‘‘(c) RELATIONSHIP TO OTHER LAW.—This section does not affect sec12 tion 55111 of this title.

13 ‘‘(d) PENALTY.—A person violating this section is liable to the Govern14 ment for a civil penalty of not more than $10,000 for each day during which

15 the violation occurs.

16 ‘‘§ 55113. Use of foreign documented oil spill response ves17 sels

18 ‘‘Notwithstanding any other provision of law, an oil spill response vessel

19 documented under the laws of a foreign country may operate in waters of

20 the United States on an emergency and temporary basis, for the purpose

21 of recovering, transporting, and unloading in a United States port oil dis22 charged as a result of an oil spill in or near those waters, if—

23 ‘‘(1) an adequate number and type of oil spill response vessels docu24 mented under the laws of the United States cannot be engaged to re25 cover oil from an oil spill in or near those waters in a timely manner,

26 as determined by the Federal On-Scene Coordinator for a discharge or

27 threat of a discharge of oil; and

28 ‘‘(2) the foreign country has by its laws accorded to vessels of the

29 United States the same privileges accorded to vessels of the foreign

30 country under this section.

31 ‘‘§ 55114. Unloading fish from foreign vessels

32 ‘‘(a) PROHIBITIONS.—Except as otherwise provided by this section or a

33 treaty or convention to which the United States Government is a party, a

34 foreign vessel may not unload, in a port of the United States—

35 ‘‘(1) its catch of fish taken on board on the high seas or fish prod36 ucts processed from that catch of fish; or

37 ‘‘(2) fish or fish products taken on board that vessel on the high seas

38 from a vessel engaged in fishing operations or the processing of fish

39 or fish products.

40 ‘‘(b) REGULATIONS ON OBTAINING INFORMATION.—The Secretary of

41 Commerce may prescribe regulations the Secretary considers necessary to
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1 obtain information on the transportation of fish products by vessels of the

2 United States for foreign fish processing vessels to points in the United

3 States.

4 ‘‘(c) VIRGIN ISLANDS EXEMPTION.—A foreign vessel of not more than 50

5 feet overall in length may unload its catch of fresh fish (whole or with the

6 heads, viscera, or fins removed, but not frozen, otherwise processed, or fur7 ther advanced) in a port of the Virgin Islands for immediate consumption

8 in those islands. Fish unloaded under this subsection may be sold or trans9 ferred only for immediate consumption. In the absence of satisfactory evi10 dence that a sale or transfer to an agent, representative, or employee of a

11 freezer or cannery is for immediate consumption, the sale or transfer is

12 deemed not to be for immediate consumption. This subsection does not pro13 hibit the freezing, smoking, or other processing of fresh fish by the ultimate

14 consumer of the fish.

15 ‘‘(d) SEIZURE, FORFEITURE, AND PENALTY.—Fish unloaded in the Vir16 gin Islands that are retained, sold, or transferred, except as allowed by sub17 section (c), are liable to seizure by and forfeiture to the Government. A per18 son retaining, selling, transferring, buying, or receiving the fish is liable to

19 the Government for a civil penalty of not more than $1,000 for each viola20 tion. A penalty or forfeiture under this section may be compromised, modi21 fied, or remitted under section 2107(b) of this title.

22 ‘‘§ 55115. Supplies on fish processing vessels

23 ‘‘Section 55102 of this title does not apply to supplies aboard a United

24 States documented fish processing vessel that are necessary and used for

25 processing or assembling fishery products aboard such a vessel.

26 ‘‘§ 55116. Canadian rail lines

27 ‘‘Section 55102 of this title does not apply to the transportation of mer28 chandise between points in the continental United States, including Alaska,

29 over through routes in part over Canadian rail lines and connecting water

30 facilities if the routes have been recognized by the Surface Transportation

31 Board and rate tariffs for the routes have been filed with the Board.

32 ‘‘§ 55117. Great Lakes rail route

33 ‘‘Section 55102 of this title does not apply to the transportation of mer34 chandise loaded on a railroad car or to a motor vehicle with or without a

35 trailer, and with its passengers or contents when accompanied by the oper36 ator, when the railroad car or motor vehicle is transported in a railroad car

37 ferry operated between fixed terminals on the Great Lakes as part of a rail

38 route, if—

39 ‘‘(1) the car ferry is owned by a common carrier by water and oper40 ated as part of a rail route with the approval of the Surface Transpor41 tation Board;
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1 ‘‘(2) the stock of the common carrier by water, or its predecessor,

2 was owned or controlled by a common carrier by rail prior to June 5,

3 1920;

4 ‘‘(3) the stock of the common carrier owning the car ferry is, with

5 the approval of the Board, now owned or controlled by a common car6 rier by rail; and

7 ‘‘(4) the car ferry is built in and documented under the laws of the

8 United States.

9 ‘‘§ 55118. Foreign railroads whose road enters by ferry, tug10 boat, or towboat

11 ‘‘A foreign railroad, whose road enters the United States by ferry, tug12 boat, or towboat, may own and operate a vessel not having a coastwise en13 dorsement in connection with the water transportation of the passenger,

14 freight, express, baggage, and mail cars used by that road, together with

15 the passengers, freight, express matter, baggage, and mails transported in

16 those cars. However, the foreign railroad is subject to the same restrictions

17 imposed by law on a vessel of the United States entering a port of the

18 United States from the same foreign country. Except as otherwise author19 ized by this chapter, the ferry, tugboat, or towboat may not, under penalty

20 of forfeiture, be used in the transportation of merchandise between ports

21 or places in the United States to which the coastwise laws apply.

22 ‘‘§ 55119. Yukon River

23 ‘‘Section 55102 of this title does not apply to the transportation of mer24 chandise on the Yukon River until the Alaska Railroad is completed and the

25 Secretary of Transportation finds that proper facilities will be available for

26 transportation by citizens of the United States to properly handle the traf27 fic.

28 ‘‘§ 55120. Transshipment of imported merchandise intended

29 for immediate exportation

30 ‘‘The Secretary of Homeland Security may prescribe regulations for the

31 transshipment and transportation of merchandise that is imported into the

32 United States by sea for immediate exportation to a foreign port by sea,

33 or by a river, the right to ascend or descend which for the purposes of com34 merce is secured by treaty to the citizens of the United States and the sub35 jects of a foreign power.

36 ‘‘CHAPTER 553—PASSENGER AND CARGO PREFERENCES

‘‘SUBCHAPTER I—GENERAL

‘‘Sec.

‘‘55301. Priority loading for coal.

‘‘55302. Transportation of United States Government personnel.

‘‘55303. Motor vehicles owned by United States Government personnel.

‘‘55304. Exports financed by the United States Government.

‘‘55305. Cargoes procured, furnished, or financed by the United States Government.
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‘‘SUBCHAPTER II—EXPORT TRANSPORTATION OF AGRICULTURAL

COMMODITIES

‘‘55311. Findings and purposes.

‘‘55312. Determining prevailing world market price.

‘‘55313. Exemption of certain agricultural exports from cargo preference provisions.

‘‘55314. Transportation requirements for certain exports sponsored by the Secretary of Agriculture.

‘‘55315. Minimum tonnage.

‘‘55316. Financing the transportation of agricultural commodities.

‘‘55317. Termination of subchapter.

‘‘55318. Effect on other law.

‘‘SUBCHAPTER III—AMERICAN GREAT LAKES VESSELS

‘‘55331. Definitions.

‘‘55332. Designating American Great Lakes vessels.

‘‘55333. Exemption from restriction on transporting certain cargo.

‘‘55334. Restrictions on operations.

‘‘55335. Revocations and terminations of designations.

‘‘55336. Civil penalty.

1 ‘‘SUBCHAPTER I—GENERAL

2 ‘‘§ 55301. Priority loading for coal

3 ‘‘A vessel engaged in the coastwise transportation of coal produced in the

4 United States, from a port in the United States to another port in the

5 United States, shall be given priority in loading at any of those ports ahead

6 of a waiting vessel engaged in the export transportation of coal produced

7 in the United States. However, if the Secretary of Transportation finds that

8 it is in the national interest, the Secretary may eliminate this priority load9 ing at any port. The Secretary shall report to Congress within 30 days an

10 action eliminating priority loading under this section.

11 ‘‘§ 55302. Transportation of United States Government per12 sonnel

13 ‘‘(a) IN GENERAL.—An officer or employee of the United States Govern14 ment traveling by sea on official business overseas or to or from a territory

15 or possession of the United States shall travel and transport personal effects

16 on a vessel documented under the laws of the United Sates if such a vessel

17 is available, unless the necessity of the mission requires the use of a foreign

18 vessel.

19 ‘‘(b) REGULATIONS.—The Administrator of General Services shall pre20 scribe regulations under which agencies may not pay for or reimburse an

21 officer or employee for travel or transportation expenses incurred on a for22 eign vessel in the absence of satisfactory proof of the necessity of using the

23 vessel.

24 ‘‘§ 55303. Motor vehicles owned by United States Govern25 ment personnel

26 ‘‘Notwithstanding any other law, privately-owned American shipping serv27 ices may be used to transport motor vehicles owned by personnel of the

28 United States Government whenever transportation of those vehicles at Gov29 ernment expense is otherwise authorized by law.
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1 ‘‘§ 55304. Exports financed by the United States Government

2 ‘‘It is the sense of Congress that any loans made by an instrumentality

3 of the United States Government to foster the exporting of agricultural or

4 other products shall provide that the products may be transported only on

5 vessels of the United States unless, as to any or all of those products, the

6 Secretary of Transportation, after investigation, certifies to the instrumen7 tality that vessels of the United States are not available in sufficient num8 ber, in sufficient tonnage capacity, on necessary schedules, or at reasonable

9 rates.

10 ‘‘§ 55305. Cargoes procured, furnished, or financed by the

11 United States Government

12 ‘‘(a) DEFINITION.—In this section, the term ‘privately-owned United

13 States-flag commercial vessel’ does not include a vessel that, after Sep14 tember 21, 1961, was built or rebuilt outside the United States or docu15 mented under the laws of a foreign country, until the vessel has been docu16 mented under the laws of the United States for at least 3 years.

17 ‘‘(b) MINIMUM TONNAGE.—When the United States Government pro18 cures, contracts for, or otherwise obtains for its own account, or furnishes

19 to or for the account of a foreign country without provision for reimburse20 ment, any equipment, materials, or commodities, within or without the

21 United States, or advances funds or credits, or guarantees the convertibility

22 of foreign currencies in connection with the furnishing of the equipment,

23 materials, or commodities, the appropriate agencies shall take steps nec24 essary and practicable to ensure that at least 50 percent of the gross ton25 nage of the equipment, materials, or commodities (computed separately for

26 dry bulk carriers, dry cargo liners, and tankers) which may be transported

27 on ocean vessels is transported on privately-owned United States-flag com28 mercial vessels, to the extent those vessels are available at fair and reason29 able rates for United States-flag commercial vessels, in a manner that will

30 ensure a fair and reasonable participation of United States-flag commercial

31 vessels in those cargoes by geographic areas.

32 ‘‘(c) WAIVERS.—The President, the Secretary of Defense, or Congress (by

33 concurrent resolution or otherwise) may waive this section temporarily by—

34 ‘‘(1) declaring the existence of an emergency justifying a waiver; and

35 ‘‘(2) notifying the appropriate agencies of the waiver.

36 ‘‘(d) PROGRAMS OF OTHER AGENCIES.—An agency having responsibility

37 under this section shall administer its programs with respect to this section

38 under regulations prescribed by the Secretary of Transportation. The Sec39 retary shall review the administration of those programs and report annu40 ally to Congress on their administration.
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1 ‘‘SUBCHAPTER II—EXPORT TRANSPORTATION OF

2 AGRICULTURAL COMMODITIES

3 ‘‘§ 55311. Findings and purposes

4 ‘‘(a) FINDINGS.—Congress finds that—

5 ‘‘(1) a productive and healthy agricultural industry and a strong and

6 active United States maritime industry are vitally important to the eco7 nomic well-being and security of the United States;

8 ‘‘(2) both industries must compete in international markets increas9 ingly dominated by foreign trade barriers and the subsidization prac10 tices of foreign governments; and

11 ‘‘(3) increased agricultural exports and the use of merchant vessels

12 of the United States contribute positively to the United States balance

13 of trade and generate employment opportunities in the United States.

14 ‘‘(b) PURPOSES.—The purposes of this subchapter are to—

15 ‘‘(1) enable the Secretary of Agriculture to plan export programs ef16 fectively, by clarifying the ocean transportation requirements applicable

17 to those programs;

18 ‘‘(2) take immediate and positive steps to promote the growth of the

19 cargo-carrying capacity of the United States merchant marine;

20 ‘‘(3) expand international trade in United States agricultural com21 modities and products and develop, maintain, and expand markets for

22 United States agricultural exports;

23 ‘‘(4) improve the efficiency of administration of both the commodity

24 purchasing and selling activities and the ocean transportation activities

25 associated with export programs sponsored by the Secretary;

26 ‘‘(5) stimulate and promote the agricultural and maritime industries

27 of the United States and encourage cooperative efforts by both indus28 tries to address their common problems; and

29 ‘‘(6) provide for the appropriate disposition of these findings and

30 purposes.

31 ‘‘§ 55312. Determining prevailing world market price

32 ‘‘(a) AGRICULTURAL COMMODITIES AND PRODUCTS.—The prevailing

33 world market price for agricultural commodities or their products shall be

34 determined under this subchapter under procedures prescribed by the Sec35 retary of Agriculture. The Secretary shall prescribe the procedures by regu36 lation, with notice and opportunity for public comment under section 553

37 of title 5.

38 ‘‘(b) SERVICES AND NON-AGRICULTURAL COMMODITIES AND PROD39 UCTS.—If a determination of the prevailing world market price of any other

40 type of materials, goods, equipment, or service is required to determine

41 whether a barter or exchange transaction is subject to section 55314(b)(6)
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1 or (7) of this title, the determination shall be made by the Secretary of Ag2 riculture in consultation with the heads of other appropriate agencies.

3 ‘‘§ 55313. Exemption of certain agricultural exports from

4 cargo preference provisions

5 ‘‘Sections 55304 and 55305 of this title do not apply to export activities

6 of the Secretary of Agriculture or the Commodity Credit Corporation under

7 which—

8 ‘‘(1) agricultural commodities or their products acquired by the Cor9 poration are made available to United States exporters, users, proc10 essors, or foreign purchasers for the purpose of developing, maintain11 ing, or expanding export markets for United States agricultural com12 modities or their products at prevailing world market prices;

13 ‘‘(2) payments are made available to United States exporters, users,

14 or processors or, except as provided in section 55314 of this title, cash

15 grants are made available to foreign purchasers, for the purpose de16 scribed in clause (1);

17 ‘‘(3) commercial credit guarantees are blended with direct credits

18 from the Corporation to reduce the effective rate of interest on export

19 sales of United States agricultural commodities or their products;

20 ‘‘(4) credit or credit guarantees for not more than 3 years are ex21 tended by the Corporation to finance or guarantee export sales of

22 United States agricultural commodities or their products; or

23 ‘‘(5) agricultural commodities or their products owned or controlled

24 by or under loan from the Corporation are exchanged or bartered for

25 materials, goods, equipment, or services at least equal in value to the

26 agricultural commodities or their products for which they are ex27 changed or bartered (determined on the basis of prevailing world mar28 ket prices at the time of the exchange or barter), but this clause does

29 not exempt from the cargo preference provisions referred to in section

30 55314(b) of this title any requirement otherwise applicable to the mate31 rials, goods, equipment, or services imported under the transaction.

32 ‘‘§ 55314. Transportation requirements for certain exports

33 sponsored by the Secretary of Agriculture

34 ‘‘(a) MINIMUM TONNAGE.—

35 ‘‘(1) IN GENERAL.—In addition to the requirement under section

36 55305 of this title for the transportation of a percentage of gross ton37 nage on United States-flag vessels, 25 percent of the gross tonnage of

38 agricultural commodities or their products specified in subsection (b)

39 shall be transported each calendar year on United States-flag commer40 cial vessels that—

41 ‘‘(A) are necessary for national security; and
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1 ‘‘(B) if more than 25 years old, were rebuilt within the last 5

2 years and certified by the Secretary of Transportation as having

3 a useful life of at least 5 years after that rebuilding.

4 ‘‘(2) CALENDAR YEAR.—To provide for effective and equitable ad5 ministration of the cargo preference laws, the calendar year for the

6 purpose of compliance with minimum percentage requirements is the

7 12-month period beginning October 1 of each year.

8 ‘‘(b) APPLICABLE EXPORT ACTIVITY.—This section applies to export ac9 tivity (except inspection or weighing activities, other activities carried out

10 for health or safety, or technical assistance provided in the handling of com11 mercial transactions) of the Secretary of Agriculture or the Commodity

12 Credit Corporation—

13 ‘‘(1) carried out under the Agricultural Trade Development and As14 sistance Act of 1954 (7 U.S.C. 1691 et seq.);

15 ‘‘(2) carried out under section 416 of the Agricultural Act of 1949

16 (7 U.S.C. 1431);

17 ‘‘(3) carried out under the Bill Emerson Humanitarian Trust Act (7

18 U.S.C. 1736f–1);

19 ‘‘(4) under which agricultural commodities or their products are—

20 ‘‘(A) donated through foreign governments or private or public

21 agencies, including intergovernmental organizations; or

22 ‘‘(B) sold for foreign currencies or for dollars on credit terms

23 of more than 10 years;

24 ‘‘(5) under which agricultural commodities or their products are

25 made available for emergency food relief at less than prevailing world

26 market prices;

27 ‘‘(6) under which a cash grant is made directly or through an inter28 mediary to a foreign purchaser to enable the purchaser to obtain

29 United States agricultural commodities or their products in an amount

30 greater than the difference between the prevailing world market price

31 and the United States market price, free along side vessel at a United

32 States port; or

33 ‘‘(7) under which agricultural commodities owned or controlled by or

34 under loan from the Corporation are exchanged or bartered for mate35 rials, goods, equipment, or services produced in foreign countries, ex36 cept export activities described in section 55313(5) of this title.

37 ‘‘(c) ADDITIONAL REQUIREMENTS.—

38 ‘‘(1) APPLICATION OF SECTION 55305.—The requirement for United

39 States-flag transportation under subsection (a) is subject to the same

40 terms and conditions as provided in section 55305 of this title.
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1 ‘‘(2) ALLOCATION OF COMMODITIES.—Subject to paragraph (3), in

2 carrying out this section and section 55305 of this title, the Corpora3 tion shall take steps necessary and practicable, and consistent with this

4 section and section 55305, without detriment to any port range to allo5 cate, on the principle of lowest landed cost without regard to the coun6 try of documentation of the vessel, 25 percent of the bagged, processed,

7 or fortified commodities provided under title II of the Agricultural

8 Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et

9 seq.).

10 ‘‘(3) CALCULATIONS.—In carrying out paragraph (2), first there

11 shall be calculated the allocation of 100 percent of the quantity to be

12 procured on an overall lowest landed cost basis without regard to the

13 country of documentation of the vessel, and then there shall be allo14 cated to the Great Lakes port range any cargoes for which it has the

15 lowest landed cost under that calculation. The requirements for United

16 States-flag transportation under this section and section 55305 of this

17 title do not apply to commodities allocated to the Great Lakes port

18 range under paragraph (2). To the extent that the Great Lakes port

19 range is used to furnish and transport less than 25 percent of the total

20 annual tonnage of commodities to which paragraph (2) applies, the

21 commodities allocated to the Great Lakes port range under paragraph

22 (2) may not be reallocated or diverted to another port range to meet

23 the requirements for United States-flag transportation under this sec24 tion and section 55305 of this title.

25 ‘‘(4) AWARDING CONTRACTS.—In awarding a contract for the trans26 portation by vessel of commodities from the Great Lakes port range

27 pursuant to an export activity referred to in subsection (b), an

28 agency—

29 ‘‘(A) shall consider expressions of freight interest for any vessel

30 from a vessel operator who meets reasonable requirements for fi31 nancial and operational integrity; and

32 ‘‘(B) may not deny award of the contract to a person based on

33 the type of vessel on which the transportation would be provided

34 (including on the basis that the transportation would not be pro35 vided on a liner vessel, as that term is used in the Shipping Act

36 of 1984, as in effect on November 14, 1995), if the person other37 wise satisfies reasonable requirements for financial and operational

38 integrity.

39 ‘‘(5) NONAVAILABILITY OF VESSELS.—A determination of nonavail40 ability of United States-flag vessels resulting from the application of

41 this subsection may not reduce the gross tonnage of commodities re-
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1 quired by this section and section 55305 of this title to be transported

2 on United States-flag vessels.

3 ‘‘§ 55315. Minimum tonnage

4 ‘‘(a) DEFINITION.—In this section, the term ‘base period’ means the 5-

5 year period running from the sixth through the second prior fiscal years.

6 ‘‘(b) REQUIREMENT.—For each fiscal year, the minimum quantity of ag7 ricultural commodities to be exported under programs subject to section

8 55314 of this title is the average of the tonnage exported under those pro9 grams during the base period, discarding the high and low years.

10 ‘‘(c) WAIVERS.—The President may waive the minimum quantity for a

11 fiscal year under this section if the President determines and reports to

12 Congress, together with reasons, that the quantity cannot be used effectively

13 for the purposes of those programs or, based on a certification by the Sec14 retary of Agriculture, that the commodities are not available for reasons

15 that include the unavailability of funds.

16 ‘‘§ 55316. Financing the transportation of agricultural com17 modities

18 ‘‘(a) FINANCING OF INCREASED CHARGES.—The Secretary of Transpor19 tation shall finance any increased ocean freight charges incurred in any fis20 cal year that result from the application of section 55314 of this title.

21 ‘‘(b) REIMBURSEMENT OF INCREASED CHARGES.—

22 ‘‘(1) IN GENERAL.—The Secretary of Transportation shall reimburse

23 the Secretary of Agriculture and the Commodity Credit Corporation for

24 the amount by which, in any fiscal year—

25 ‘‘(A) the total cost of ocean freight and ocean freight differen26 tial for which obligations are incurred by the Secretary of Agri27 culture and the Corporation on exports of agricultural commodities

28 and their products under the agricultural export programs speci29 fied in section 55314(b) of this title; exceeds

30 ‘‘(B) 20 percent of the value of the commodities and their prod31 ucts and the cost of the ocean freight and ocean freight differen32 tial on which obligations are incurred by the Secretary of Agri33 culture and the Corporation during that fiscal year.

34 ‘‘(2) COMMODITIES SHIPPED FROM INVENTORY.—For purposes of

35 this subsection, commodities shipped from the inventory of the Cor36 poration shall be valued as provided in section 412(d) of the Agricul37 tural Trade Development and Assistance Act of 1954 (7 U.S.C.

38 1736f(d)).

39 ‘‘(c) ISSUANCE AND PURCHASE OF OBLIGATIONS.—

40 ‘‘(1) ISSUANCE.—To meet the expenses required to be assumed

41 under subsections (a) and (b), the Secretary of Transportation shall
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1 issue obligations to the Secretary of the Treasury. The Secretary of

2 Transportation, with the approval of the Secretary of the Treasury,

3 shall prescribe the form, denomination, maturity, and other terms (ex4 cept the interest rate) of the obligations. The Secretary of the Treasury

5 shall set the interest rate for the obligations, considering the average

6 market yield on outstanding marketable obligations of the United

7 States Government of comparable maturities during the month before

8 the obligations are issued.

9 ‘‘(2) PURCHASE.—The Secretary of the Treasury shall purchase the

10 obligations issued under this subsection. To purchase the obligations,

11 the Secretary of the Treasury may use as a public debt transaction the

12 proceeds from the sale of securities issued under chapter 31 of title 31.

13 The purposes for which securities may be issued under that chapter are

14 extended to include the purchase of obligations under this subsection.

15 A redemption or purchase of the obligations by the Secretary of the

16 Treasury is a public debt transaction of the Government.

17 ‘‘(d) SOURCE OF FUNDS FOR REIMBURSEMENT.—Reimbursement of the

18 Secretary of Transportation for costs incurred under this section shall be

19 made with appropriated funds rather than through cancellation of notes.

20 ‘‘(e) APPROPRIATIONS.—

21 ‘‘(1) AUTHORIZATION.—Each fiscal year, there is authorized to be

22 appropriated an amount sufficient to reimburse the Secretary of Trans23 portation for the costs incurred under this section, including adminis24 trative expenses and the principal and interest due on obligations

25 issued to the Secretary of the Treasury.

26 ‘‘(2) APPROPRIATION FOR ADMINISTRATIVE EXPENSES.—Each fiscal

27 year, such amounts as may be necessary are hereby appropriated to

28 pay interest and to liquidate debt on obligations issued to the Secretary

29 of the Treasury under this section.

30 ‘‘(f) NOTIFICATION TO CONGRESS OF INSUFFICIENCY.—If the Secretary

31 of Transportation is unable to obtain the funds necessary to finance the in32 creased ocean freight charges resulting from the requirements of subsections

33 (a) and (b) and section 55314(a) of this title, the Secretary shall notify

34 Congress within 10 working days of the discovery of the insufficiency.

35 ‘‘§ 55317. Termination of subchapter

36 ‘‘This subchapter terminates 90 days after the date on which a notifica37 tion is made under section 55316(f) of this title, except for shipments of

38 agricultural commodities and their products subject to contracts made be39 fore the end of that 90-day period, unless within that 90-day period the Sec40 retary of Transportation proclaims that funds are available to finance in41 creased freight charges resulting from the requirements of sections
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1 55314(a) and 55316(a) and (b) of this title. On the termination of this sub2 chapter under this section—

3 ‘‘(1) this subchapter does not exempt export activities from, or sub4 ject export activities to, the cargo preference laws; and

5 ‘‘(2) the 50-percent requirement in section 55305 of this title re6 mains in effect.

7 ‘‘§ 55318. Effect on other law

8 ‘‘This subchapter does not affect chapter 5 of title 5.

9 ‘‘SUBCHAPTER III—AMERICAN GREAT LAKES VESSELS

10 ‘‘§ 55331. Definitions

11 ‘‘In this subchapter:

12 ‘‘(1) AMERICAN GREAT LAKES VESSEL.—The term ‘American Great

13 Lakes vessel’ means a vessel so designated under section 55332 of this

14 title, but only during the period the designation is in effect.

15 ‘‘(2) GREAT LAKES.—The term ‘Great Lakes’ means Lake Superior,

16 Lake Michigan, Lake Huron, Lake Erie, Lake Ontario, the Saint Law17 rence River west of Saint Regis, New York, and their connecting and

18 tributary waters.

19 ‘‘(3) GREAT LAKES SHIPPING SEASON.—The term ‘Great Lakes

20 shipping season’ means the period each year during which the Saint

21 Lawrence Seaway is open for navigation by vessels, as declared by the

22 Saint Lawrence Seaway Development Corporation.

23 ‘‘§ 55332. Designating American Great Lakes vessels

24 ‘‘(a) DESIGNATIONS.—The Secretary of Transportation shall designate a

25 vessel as an American Great Lakes vessel if—

26 ‘‘(1) an application for designation is submitted to the Secretary

27 under regulations prescribed by the Secretary;

28 ‘‘(2) the vessel is documented under the laws of the United States;

29 ‘‘(3) the vessel, on the effective date of the designation, is—

30 ‘‘(A) at least 1, but not more than 6, years old; or

31 ‘‘(B) at least 1, but not more than 11, years old if the Secretary

32 finds that suitable vessels are not available to provide the type of

33 service for which the vessel will be used after the designation;

34 ‘‘(4) the vessel has not previously been designated as an American

35 Great Lakes vessel; and

36 ‘‘(5) the owner makes an agreement as provided under subsection

37 (b).

38 ‘‘(b) AGREEMENTS.—A vessel may be designated as an American Great

39 Lakes vessel only if the person that will be the owner of the vessel at the

40 time of the designation makes an agreement with the Secretary providing

41 that if the Secretary determines that the vessel is necessary to the defense
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1 of the United States, the United States Government will have an exclusive

2 right, during the 120-day period following the date of a revocation of the

3 designation under section 55335 of this title, to purchase the vessel for a

4 price equal to the greater of—

5 ‘‘(1) the approximate world market value of the vessel; or

6 ‘‘(2) the cost of the vessel to the owner less a reasonable amount

7 for depreciation.

8 ‘‘(c) CERTAIN FOREIGN DOCUMENTATION AND SALE NOT PROHIB9 ITED.—Notwithstanding any other law, if the Government does not exercise

10 its right of purchase under an agreement under subsection (b), the owner

11 of the vessel is not prohibited from—

12 ‘‘(1) documenting the vessel under the laws of a foreign country; or

13 ‘‘(2) selling the vessel to a person not a citizen of the United States.

14 ‘‘(d) REGULATIONS.—The Secretary shall prescribe regulations estab15 lishing requirements for submitting applications under this section.

16 ‘‘§ 55333. Exemption from restriction on transporting cer17 tain cargo

18 ‘‘The 3-year documentation requirement of section 55305(a) of this title

19 does not apply to a vessel designated as an American Great Lakes vessel

20 during the period of its designation.

21 ‘‘§ 55334. Restrictions on operations

22 ‘‘(a) PROHIBITIONS.—Except as provided in subsection (b), an American

23 Great Lakes vessel may not be used to—

24 ‘‘(1) engage in trade—

25 ‘‘(A) from a port in the United States that is not located on

26 the Great Lakes; or

27 ‘‘(B) between ports in the United States;

28 ‘‘(2) transport bulk cargo (as defined in section 40102 of this title)

29 that is subject to section 55305 or 55314 of this title or section 2631

30 of title 10; or

31 ‘‘(3) provide a service (except ocean freight service) as—

32 ‘‘(A) a contract carrier; or

33 ‘‘(B) a common carrier on a fixed advertised schedule offering

34 frequent sailings at regular intervals in the foreign trade of the

35 United States.

36 ‘‘(b) OFF-SEASON EXCEPTION.—An American Great Lakes vessel may be

37 used for not more than 90 days during any 12-month period to engage in

38 trade prohibited by subsection (a)(1)(A), except during the Great Lakes

39 shipping season.
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1 ‘‘§ 55335. Revocations and terminations of designations

2 ‘‘(a) REVOCATIONS.—After notice and an opportunity for a hearing, the

3 Secretary of Transportation may revoke a designation of a vessel as an

4 American Great Lakes vessel if the Secretary finds that—

5 ‘‘(1) the vessel does not meet a requirement for the designation;

6 ‘‘(2) the vessel has been operated in violation of this subchapter; or

7 ‘‘(3) the owner or operator of the vessel has violated an agreement

8 made under section 55332(b) of this title.

9 ‘‘(b) TERMINATIONS.—On petition and a showing of good cause by the

10 owner of a vessel, the Secretary may terminate the designation of a vessel

11 as an American Great Lakes vessel. The Secretary may impose conditions

12 in a termination order to prevent significant adverse effects on other opera13 tors of United States-flag vessels.

14 ‘‘§ 55336. Civil penalty

15 ‘‘After notice and an opportunity for a hearing, the Secretary of Trans16 portation may impose a civil penalty of not more than $1,000,000 on the

17 owner of an American Great Lakes vessel for any act for which the designa18 tion may be revoked under section 55335 of this title.

19 ‘‘CHAPTER 555—MISCELLANEOUS

‘‘Sec.

‘‘55501. Mobile trade fairs.

20 ‘‘§ 55501. Mobile trade fairs

21 ‘‘(a) IN GENERAL.—The Secretary of Commerce shall encourage and pro22 mote the development and use of mobile trade fairs designed to show and

23 sell the products of United States business and agriculture at foreign ports

24 and at other commercial centers throughout the world where the operators

25 of the fairs use, insofar as practicable, vessels and aircraft of the United

26 States in transporting their exhibits.

27 ‘‘(b) TECHNICAL AND FINANCIAL ASSISTANCE.—When the Secretary de28 termines that a mobile trade fair provides an economical and effective

29 means of promoting export sales, the Secretary may provide to the operator

30 of the fair—

31 ‘‘(1) technical assistance and support; and

32 ‘‘(2) financial assistance to defray certain expenses incurred outside

33 the United States, except the cost of transportation on foreign vessels

34 and aircraft.

35 ‘‘(c) USE OF FOREIGN CURRENCIES.—To carry out this section, the

36 President may use, in addition to amounts appropriated to carry out trade

37 promotion activities, foreign currencies owned by or owed to the United

38 States Government.
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1 ‘‘PART E—CONTROL OF MERCHANT MARINE CAPABILITIES

2 ‘‘CHAPTER 561—RESTRICTIONS ON TRANSFERS

‘‘Sec.

‘‘56101. Approval required to transfer vessel to noncitizen.

‘‘56102. Additional controls during war or national emergency.

‘‘56103. Conditional approvals.

‘‘56104. Penalty for false statements.

‘‘56105. Forfeiture procedure.

3 ‘‘§ 56101. Approval required to transfer vessel to noncitizen

4 ‘‘(a) RESTRICTIONS.—

5 ‘‘(1) IN GENERAL.—Except as otherwise provided in this section,

6 section 12119 of this title, or section 611 of the Merchant Marine Act,

7 1936, a person may not, without the approval of the Secretary of

8 Transportation—

9 ‘‘(A) sell, lease, charter, deliver, or in any other manner trans10 fer, or agree to sell, lease, charter, deliver, or in any other manner

11 transfer, to a person not a citizen of the United States, an interest

12 in or control of—

13 ‘‘(i) a documented vessel owned by a citizen of the United

14 States; or

15 ‘‘(ii) a vessel last documented under the laws of the United

16 States; or

17 ‘‘(B) place under foreign registry, or operate under the author18 ity of a foreign country, a documented vessel or a vessel last docu19 mented under the laws of the United States.

20 ‘‘(2) EXCEPTIONS.—Paragraph (1)(A) does not apply to a vessel

21 that has been operated only for pleasure or only as a fishing vessel,

22 fish processing vessel, or fish tender vessel (as defined in section 2101

23 of this title).

24 ‘‘(b) APPROVAL BEFORE DOCUMENTATION.—To promote financing with

25 respect to a vessel to be documented under chapter 121 of this title, the

26 Secretary may grant approval under subsection (a) before the vessel is docu27 mented.

28 ‘‘(c) EXCEPTIONS.—Notwithstanding any other provision of this subtitle,

29 the Merchant Marine Act, 1936, or any contract with the Secretary made

30 under this subtitle or that Act, a person may place a vessel under foreign

31 registry without the approval of the Secretary if—

32 ‘‘(1)(A) the Secretary, in conjunction with the Secretary of Defense,

33 determines that at least one replacement vessel of equal or greater mili34 tary capability and of a capacity that is equivalent or greater, as meas35 ured by deadweight tons, gross tons, or container equivalent units, as

36 appropriate, is documented under chapter 121 of this title by the owner

37 of the vessel placed under foreign registry; and
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1 ‘‘(B) the replacement vessel is not more than 10 years old on the

2 date of that documentation; or

3 ‘‘(2) an operating agreement covering the vessel under chapter 531

4 of this title has expired.

5 ‘‘(d) STATUS OF PROHIBITED TRANSACTION.—A charter, sale, or trans6 fer of a vessel, or of an interest in or control of a vessel, in violation of

7 this section is void.

8 ‘‘(e) PENALTIES.—

9 ‘‘(1) CRIMINAL PENALTY.—A person that knowingly sells, charters,

10 or transfers a vessel, or an interest in or control of a vessel, in violation

11 of this section shall be fined under title 18, imprisoned for not more

12 than 5 years, or both.

13 ‘‘(2) CIVIL PENALTY.—A person that sells, charters, or transfers a

14 vessel, or an interest in or control of a vessel, in violation of this sec15 tion is liable to the United States Government for a civil penalty of

16 not more than $10,000 for each violation.

17 ‘‘(3) FORFEITURE.—A documented vessel may be seized by and for18 feited to the Government if, in violation of this section, a person—

19 ‘‘(A) knowingly sells, charters, or transfers the vessel or an in20 terest in or control of the vessel; or

21 ‘‘(B) places the vessel under foreign registry or operates the

22 vessel under the authority of a foreign country.

23 ‘‘§ 56102. Additional controls during war or national emer24 gency

25 ‘‘(a) IN GENERAL.—During war, or a national emergency declared by

26 Presidential proclamation, a person may not, without the approval of the

27 Secretary of Transportation—

28 ‘‘(1) place under foreign registry or flag a vessel owned in whole or

29 in part by a citizen of the United States or a corporation incorporated

30 under the laws of the United States or of a State;

31 ‘‘(2) sell, mortgage, lease, charter, deliver, or in any other manner

32 transfer, or agree to sell, mortgage, lease, charter, deliver, or in any

33 other manner transfer, to a person not a citizen of the United States—

34 ‘‘(A) a vessel owned as described in clause (1), or an interest

35 therein;

36 ‘‘(B) a vessel documented under the laws of the United States,

37 or an interest therein; or

38 ‘‘(C) a facility for building or repairing vessels, or an interest

39 therein;

40 ‘‘(3) issue, assign, or transfer to a person not a citizen of the United

41 States an instrument of indebtedness secured by a mortgage of a vessel
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1 to a trustee, by an assignment of an owner’s interest in a vessel under

2 construction to a trustee, or by a mortgage of a facility for building

3 or repairing vessels to a trustee, unless the trustee or a substitute

4 trustee is approved by the Secretary under subsection (b);

5 ‘‘(4) enter into an agreement or understanding to construct a vessel

6 in the United States for, or to be delivered to, a person not a citizen

7 of the United States without expressly stipulating that construction will

8 not begin until after the war or national emergency has ended;

9 ‘‘(5) enter into an agreement or understanding whereby there is vest10 ed in, or for the benefit of, a person not a citizen of the United States

11 the controlling interest in a corporation that is incorporated under the

12 laws of the United States or a State and that owns a vessel or facility

13 for building or repairing vessels; or

14 ‘‘(6) cause or procure a vessel, constructed in whole or in part in

15 the United States and never cleared for a foreign port, to depart from

16 a port of the United States before it has been documented under the

17 laws of the United States.

18 ‘‘(b) TRUSTEES.—

19 ‘‘(1) APPROVAL.—The Secretary shall approve a trustee or sub20 stitute trustee under subsection (a)(3) if and only if the trustee is a

21 bank or trust company that—

22 ‘‘(A) is organized as a corporation, and is doing business, under

23 the laws of the United States or a State;

24 ‘‘(B) is authorized under those laws to exercise corporate trust

25 powers;

26 ‘‘(C) is a citizen of the United States;

27 ‘‘(D) is subject to supervision or examination by Federal or

28 State authority; and

29 ‘‘(E) has a combined capital and surplus (as set forth in its

30 most recent published report of condition) of at least $3,000,000.

31 ‘‘(2) DISAPPROVAL.—If a trustee or substitute trustee ceases to meet

32 the conditions in paragraph (1), the Secretary shall disapprove the

33 trustee or substitute trustee. After the disapproval, the restrictions on

34 transfer or assignment without the Secretary’s approval in subsection

35 (a)(3) apply.

36 ‘‘(3) OPERATION OF VESSEL.—During a period when subsection (a)

37 applies, a trustee referred to in subsection (a)(3), even though ap38 proved as a trustee by the Secretary, may not operate the vessel under

39 the mortgage or assignment without the Secretary’s approval.

40 ‘‘(c) STATUS OF PROHIBITED TRANSACTION.—A transaction in violation

41 of this section is void.
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1 ‘‘(d) RECOVERY OF CONSIDERATION.—

2 ‘‘(1) IN GENERAL.—A person that deposited or paid consideration in

3 connection with a transaction prohibited by this section may recover

4 the consideration after tender of the vessel, facility, stock, or other se5 curity, or interest therein, to the person entitled to it, or the forfeiture

6 thereof to the United States Government.

7 ‘‘(2) EXCEPTION.—Paragraph (1) does not apply if the person in

8 whose interest the consideration was deposited, or to whom it was paid,

9 entered into the transaction in the belief that the person depositing or

10 paying the consideration was a citizen of the United States.

11 ‘‘(e) PENALTIES.—

12 ‘‘(1) CRIMINAL PENALTY.—A person that violates, or attempts or

13 conspires to violate, this section shall be fined under title 18, impris14 oned for not more than 5 years, or both.

15 ‘‘(2) FORFEITURE.—The following shall be forfeited to the Govern16 ment:

17 ‘‘(A) A vessel, a facility for building or repairing vessels, or an

18 interest in a vessel or such a facility, that is sold, mortgaged,

19 leased, chartered, delivered, transferred, or documented, or agreed

20 to be sold, mortgaged, leased, chartered, delivered, transferred, or

21 documented, in violation of this section.

22 ‘‘(B) Stock and other securities sold or transferred, or agreed

23 to be sold or transferred, in violation of this section.

24 ‘‘(C) A vessel departing in violation of subsection (a)(6).

25 ‘‘§ 56103. Conditional approvals

26 ‘‘(a) IN GENERAL.—In approving an act or transaction under section

27 56101 or 56102 of this title, the Secretary of Transportation may do so

28 absolutely or upon conditions the Secretary considers advisable. The Sec29 retary shall state the conditions in the notice of approval.

30 ‘‘(b) VIOLATIONS.—A violation of a condition of approval is subject to the

31 same penalties as a violation resulting from an act done without the re32 quired approval. The violation occurs at the time the condition is violated.

33 ‘‘§ 56104. Penalty for false statements

34 ‘‘A person that knowingly makes a false statement of a material fact to

35 the Secretary of Transportation or another officer, employee, or agent of the

36 Department of Transportation, to obtain the Secretary’s approval under sec37 tion 56101 or 56102 of this title, shall be fined under title 18, imprisoned

38 for not more than 5 years, or both.
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1 ‘‘§ 56105. Forfeiture procedure

2 ‘‘(a) IN GENERAL.—A forfeiture under this chapter may be enforced in

3 the same way as a forfeiture under the laws on the collection of duties.

4 However, such a forfeiture may be remitted without seizure of the vessel.

5 ‘‘(b) PRIOR CONVICTIONS.—In a proceeding under this chapter to enforce

6 a forfeiture, a prior criminal conviction of a person for a violation of this

7 chapter with respect to the subject matter of the forfeiture is prima facie

8 evidence of the violation against the person convicted.

9 ‘‘CHAPTER 563—EMERGENCY ACQUISITION OF VESSELS

‘‘Sec.

‘‘56301. General authority.

‘‘56302. Charter terms.

‘‘56303. Compensation.

‘‘56304. Disputed compensation.

‘‘56305. Vessel encumbrances.

‘‘56306. Use and transfer of vessels.

‘‘56307. Return of vessels.

10 ‘‘§ 56301. General authority

11 ‘‘During a national emergency declared by Presidential proclamation, or

12 a period for which the President has proclaimed that the security of the na13 tional defense makes it advisable, the Secretary of Transportation may req14 uisition or purchase, or requisition or charter the use of, a vessel owned by

15 citizens of the United States, a documented vessel, or a vessel under con16 struction in the United States.

17 ‘‘§ 56302. Charter terms

18 ‘‘(a) IN GENERAL.—If a vessel is requisitioned for use but not ownership

19 under this chapter, the Secretary of Transportation, at the time of requisi20 tion or as soon thereafter as the situation allows, shall offer the person enti21 tled to possession of the vessel a charter containing—

22 ‘‘(1) the terms the Secretary believes should govern the relationship

23 between the United States Government and the person; and

24 ‘‘(2) the rate of hire the Secretary considers just compensation for

25 the use of the vessel and the services required under the charter.

26 ‘‘(b) REFUSAL TO ACCEPT.—If the person does not accept the charter

27 and rate of hire, the parties shall proceed as provided in section 56304 of

28 this title.

29 ‘‘§ 56303. Compensation

30 ‘‘(a) IN GENERAL.—As soon as practicable, the Secretary of Transpor31 tation shall determine and pay just compensation for a vessel requisitioned

32 under this chapter.

33 ‘‘(b) FACTORS NOT AFFECTING VALUE.—The value of a vessel may not

34 be considered enhanced by the circumstances requiring its requisition. Con35 sequential damages arising from the requisition may not be paid.

36 ‘‘(c) EFFECT OF CONSTRUCTION-DIFFERENTIAL SUBSIDY.—
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1 ‘‘(1) IF PAID.—If a construction-differential subsidy has been paid

2 for the vessel, the value of the vessel at the time of requisition shall

3 be determined under section 802 of the Merchant Marine Act, 1936.

4 ‘‘(2) IF NOT PAID.—If a construction-differential subsidy has not

5 been paid for the vessel, the value of any national defense features pre6 viously paid for by the United States Government shall be excluded.

7 ‘‘(d) LOSS OR DAMAGE DURING CHARTER.—If a vessel is lost or dam8 aged by a risk assumed by the Government under the charter, but a valu9 ation for the vessel or a means of compensation has not been agreed to,

10 the Secretary shall pay just compensation for the loss or damage, to the

11 extent the person is not reimbursed through insurance.

12 ‘‘§ 56304. Disputed compensation

13 ‘‘If the person entitled to compensation disputes the amount of just com14 pensation determined by the Secretary of Transportation under this chapter,

15 the Secretary shall pay the person, as a tentative advance, 75 percent of

16 the amount determined. The person may bring a civil action against the

17 United States Government to recover just compensation. If the tentative ad18 vance paid under this section is greater than the amount of the court’s

19 judgment, the person shall refund the difference.

20 ‘‘§ 56305. Vessel encumbrances

21 ‘‘(a) IN GENERAL.—The existence of an encumbrance on a vessel does

22 not prevent the requisition of the vessel under this chapter.

23 ‘‘(b) DEPOSIT IN TREASURY.—

24 ‘‘(1) IN GENERAL.—If an encumbrance exists, the Secretary of

25 Transportation may deposit part of the compensation or advance of

26 compensation to be paid under this chapter (but not more than the

27 total amount of all encumbrances) in a fund in the Treasury. The Sec28 retary shall publish notice of the creation of the fund in the Federal

29 Register.

30 ‘‘(2) AVAILABILITY OF AMOUNTS DEPOSITED.—Amounts deposited in

31 the fund shall be available to pay the compensation or any of the en32 cumbrances (including encumbrances stipulated to in a court of the

33 United States or a State) existing at the time the vessel was requi34 sitioned.

35 ‘‘(c) CIVIL ACTION.—

36 ‘‘(1) IN GENERAL.—Within 6 months after publication of notice

37 under subsection (b), the holder of an encumbrance may bring a civil

38 action in admiralty, according to the principles of libels in rem, against

39 the fund.

40 ‘‘(2) VENUE.—The action must be brought in the district court of

41 the United States—
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1 ‘‘(A) from whose custody the vessel was or may be requisitioned;

2 or

3 ‘‘(B) in whose district the vessel was located when it was requi4 sitioned.

5 ‘‘(3) SERVICE OF PROCESS.—Service of process shall be made on the

6 appropriate United States Attorney, the Attorney General, and the Sec7 retary, in the manner provided by the Federal Rules of Civil Procedure

8 (28 App. U.S.C.). Notice of the action shall be given to all interested

9 persons as ordered by the court.

10 ‘‘(4) AS BETWEEN PRIVATE PARTIES.—The action shall proceed and

11 be determined according to the principles of law and the rules of prac12 tice applicable in like cases between private parties.

13 ‘‘§ 56306. Use and transfer of vessels

14 ‘‘(a) IN GENERAL.—The Secretary of Transportation may repair, recon15 dition, reconstruct, operate, or charter for operation, a vessel acquired under

16 this chapter.

17 ‘‘(b) TRANSFER TO OTHER AGENCIES.—The Secretary may transfer the

18 possession or control of a vessel acquired under this chapter to another de19 partment or agency of the United States Government on terms and condi20 tions approved by the President. The department or agency shall promptly

21 reimburse the Secretary for expenditures for just compensation, purchase

22 price, charter hire, repairs, reconditioning, or reconstruction.

23 ‘‘§ 56307. Return of vessels

24 ‘‘When a vessel requisitioned for use but not ownership is returned to the

25 owner, the Secretary of Transportation shall—

26 ‘‘(1) return the vessel in a condition at least as good as when taken,

27 less ordinary wear and tear; or

28 ‘‘(2) pay the owner an amount sufficient to recondition the vessel to

29 that condition, less ordinary wear and tear.

30 ‘‘CHAPTER 565—ESSENTIAL VESSELS AFFECTED BY

31 NEUTRALITY ACT

‘‘Sec.

‘‘56501. Definition.

‘‘56502. Adjusting obligations and arranging maintenance.

‘‘56503. Types of adjustments and arrangements.

‘‘56504. Changes in adjustments and arrangements.

32 ‘‘§ 56501. Definition

33 ‘‘In this chapter, the term ‘essential vessel’ means a vessel that is—

34 ‘‘(1)(A) security for a mortgage indebtedness to the United States

35 Government; or

36 ‘‘(B) constructed under this subtitle or required by a contract under

37 this subtitle to be operated on a certain essential foreign trade route;

38 and
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1 ‘‘(2) necessary in the interests of commerce and national defense to

2 be maintained in condition for prompt use.

3 ‘‘§ 56502. Adjusting obligations and arranging maintenance

4 ‘‘(a) GENERAL AUTHORITY.—On written application, the Secretary of

5 Transportation may adjust obligations and arrange for maintenance of an

6 essential vessel as provided in this chapter if the Secretary determines, after

7 any investigation or proceeding the Secretary considers desirable, that—

8 ‘‘(1) the operation of the vessel in the service, route, or line to which

9 it is assigned under this subtitle, or in which it otherwise would be op10 erated, is not—

11 ‘‘(A) lawful under the Neutrality Act of 1939 (22 U.S.C. 441

12 et seq.) or a proclamation issued under that Act; or

13 ‘‘(B) compatible with maintaining the availability of the vessel

14 for national defense and commerce;

15 ‘‘(2) it is not feasible under existing law to employ the vessel in any

16 other service or operation in foreign or domestic trade (except tem17 porary or emergency operation under section 56503(b)(5) of this title);

18 and

19 ‘‘(3) the applicant, because of the restrictions of the Neutrality Act

20 of 1939 (22 U.S.C. 441 et seq.) or the withdrawal of vessels for na21 tional defense under clause (1), is not earning or will not earn a rea22 sonable return on the capital necessarily employed in its business.

23 ‘‘(b) EFFECTIVE PERIOD.—Adjustments and arrangements under sub24 section (a) shall continue in effect only as long as the circumstances de25 scribed in subsection (a) continue to exist.

26 ‘‘§ 56503. Types of adjustments and arrangements

27 ‘‘(a) SUSPENSION REQUIREMENTS.—An adjustment or arrangement

28 under this chapter shall include suspension of—

29 ‘‘(1) the requirement to operate the vessel in foreign trade under the

30 applicable operating-differential or construction-differential subsidy

31 contract or mortgage or other agreement; and

32 ‘‘(2) the right to operating-differential subsidy for the vessel.

33 ‘‘(b) DISCRETIONARY ADJUSTMENTS AND ARRANGEMENTS.—To the ex34 tent the Secretary of Transportation considers appropriate to carry out the

35 purposes of this subtitle, an adjustment or arrangement under this chapter

36 may include any of the following:

37 ‘‘(1) Lay-up of the vessel by the owner or in the custody of the Sec38 retary, with payment or reimbursement by the Secretary of necessary

39 and proper expenses (including reasonable overhead and insurance) or

40 a fixed periodic allowance instead of payment or reimbursement.
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1 ‘‘(2) Postponement, for not more than the total period of the lay2 up, of the maturity date of each installment of the principal of obliga3 tions to the United States Government for the vessel (regardless of

4 whether the maturity date is during a lay-up period), or rearrangement

5 of those maturities.

6 ‘‘(3) Postponement or cancellation of interest accruing on the obliga7 tions during a lay-up period.

8 ‘‘(4) Extension, for not more than the total period of the lay-up, of

9 the 20-year life limitation for the vessel and other limitations and pro10 visions of this subtitle based on a 20-year life.

11 ‘‘(5) Provision for temporary or emergency employment of the vessel

12 (instead of lay-up) as may be practicable, with such arrangements for

13 management of the vessel, payment of expenses, and application of the

14 proceeds of the employment, as the Secretary may approve, with any

15 period of operation being included as part of the lay-up period.

16 ‘‘(6) Payment to the Secretary, on termination of the arrangements

17 with the applicant, of the applicant’s net profits (earned while the ar18 rangements were in effect) in excess of 10 percent a year on the capital

19 necessarily employed in the applicant’s business, as reimbursement for

20 obligations postponed or canceled and expenses incurred or paid by the

21 Secretary under this section.

22 ‘‘(c) LAID-UP VESSELS.—Under subsection (b)(6), capital of the appli23 cant represented by a vessel of the applicant laid-up or operated under this

24 section shall be included in capital necessarily employed in the applicant’s

25 business. The Secretary may require a vessel laid-up or operated under this

26 section to be security for reimbursement.

27 ‘‘§ 56504. Changes in adjustments and arrangements

28 ‘‘The Secretary of Transportation may change an adjustment or arrange29 ment made under this chapter as the Secretary considers necessary to carry

30 out this chapter.

31 ‘‘PART F—GOVERNMENT-OWNED MERCHANT VESSELS

32 ‘‘CHAPTER 571—GENERAL AUTHORITY

‘‘Sec.

‘‘57101. Placement of vessels in National Defense Reserve Fleet.

‘‘57102. Disposition of vessels not worth preserving.

‘‘57103. Sale of obsolete vessels in National Defense Reserve Fleet.

‘‘57104. Acquisition of vessels from sale of obsolete vessels.

‘‘57105. Acquisition of vessels for essential services, routes, or lines.

‘‘57106. Maintenance, improvement, and operation of vessels.

‘‘57107. Vessels for other agencies.

‘‘57108. Consideration of ballast and equipment in determining selling price.

‘‘57109. Operation of vessels purchased, chartered, or leased from Secretary of Transportation.
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1 ‘‘§ 57101. Placement of vessels in National Defense Reserve

2 Fleet

3 ‘‘(a) IN GENERAL.—Any vessel acquired by the Maritime Administration

4 shall be placed in the National Defense Reserve Fleet maintained under sec5 tion 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744).

6 ‘‘(b) REMOVAL FROM FLEET.—A vessel placed in the Fleet under sub7 section (a) may not be traded out or sold from the Fleet, except as provided

8 in section 57102, 57103, or 57104 or chapter 533, 537, 573, or 575 of this

9 title.

10 ‘‘§ 57102. Disposition of vessels not worth preserving

11 ‘‘(a) IN GENERAL.—If the Secretary of Transportation determines that

12 a vessel owned by the Maritime Administration is of insufficient value for

13 commercial or military operation to warrant its further preservation, the

14 Secretary may scrap the vessel or sell the vessel for cash.

15 ‘‘(b) SELLING PROCEDURE.—The sale of a vessel under subsection (a)

16 shall be made on the basis of competitive sealed bids, after an appraisal and

17 due advertisement. The purchaser does not have to be a citizen of the

18 United States. The purchaser shall provide a surety bond, with a surety ap19 proved by the Secretary, to ensure that the vessel will not be operated in

20 the foreign trade of the United States at any time within 10 years after

21 the sale, in competition with a vessel owned by a citizen of the United

22 States and documented under the laws of the United States.

23 ‘‘§ 57103. Sale of obsolete vessels in National Defense Re24 serve Fleet

25 ‘‘(a) IN GENERAL.—The Secretary of Transportation may convey the

26 right, title, and interest of the United States Government in any vessel of

27 the National Defense Reserve Fleet that has been identified by the Sec28 retary as an obsolete vessel of insufficient value to warrant its further pres29 ervation, if the recipient—

30 ‘‘(1) is a non-profit organization, a State, or a municipal corporation

31 or political subdivision of a State;

32 ‘‘(2) agrees not to use, or allow others to use, the vessel for commer33 cial transportation purposes;

34 ‘‘(3) agrees to make the vessel available to the Government whenever

35 the Secretary indicates that it is needed by the Government;

36 ‘‘(4) agrees to hold the Government harmless for any claims arising

37 from exposure to asbestos, polychlorinated biphenyls, lead paint, or

38 other hazardous substances after conveyance of the vessel, except for

39 claims arising from use of the vessel by the Government;
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1 ‘‘(5) has a conveyance plan and a business plan that describes the

2 intended use of the vessel, each of which has been submitted to and

3 approved by the Secretary;

4 ‘‘(6) has provided proof, as determined by the Secretary, of resources

5 sufficient to accomplish the transfer, necessary repairs and modifica6 tions, and initiation of the intended use of the vessel; and

7 ‘‘(7) agrees that when the recipient no longer requires the vessel for

8 use as described in the business plan required under clause (5)—

9 ‘‘(A) the recipient will, at the discretion of the Secretary, re10 convey the vessel to the Government in good condition except for

11 ordinary wear and tear; or

12 ‘‘(B) if the Board of Trustees of the recipient has decided to

13 dissolve the recipient according to the laws of the State in which

14 the recipient is incorporated, then—

15 ‘‘(i) the recipient shall distribute the vessel, as an asset of

16 the recipient, to a person that has been determined exempt

17 from taxation under section 501(c)(3) of the Internal Rev18 enue Code of 1986 (26 U.S.C. 501(c)(3)), or to the Federal

19 Government or a State or local government for a public pur20 pose; and

21 ‘‘(ii) the vessel shall be disposed of by a court of competent

22 jurisdiction of the county in which the principal office of the

23 recipient is located, for such purposes as the court shall de24 termine, or to such organizations as the court shall determine

25 are organized exclusively for public purposes.

26 ‘‘(b) OTHER EQUIPMENT.—At the Secretary’s discretion, additional

27 equipment from other obsolete vessels of the Fleet may be conveyed to assist

28 the recipient with maintenance, repairs, or modifications.

29 ‘‘(c) ADDITIONAL TERMS.—The Secretary may require any additional

30 terms the Secretary considers appropriate.

31 ‘‘(d) DELIVERY OF VESSEL.—If conveyance is made under this section,

32 the vessel shall be delivered to the recipient at a time and place to be deter33 mined by the Secretary. The vessel shall be conveyed in an ‘as is’ condition.

34 ‘‘(e) LIMITATIONS.—If at any time prior to delivery of the vessel to the

35 recipient, the Secretary determines that a different disposition of the vessel

36 would better serve the interests of the Government, the Secretary shall pur37 sue the more favorable disposition of the obsolete vessel and shall not be

38 liable for any damages that may result from an intended recipient’s reliance

39 upon a proposed transfer.

40 ‘‘(f) REVERSION.—The Secretary shall include in any conveyance under

41 this section terms under which all right, title, and interest conveyed by the
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1 Secretary shall revert to the Government if the Secretary determines the

2 vessel has been used other than as described in the business plan required

3 under subsection (a)(5).

4 ‘‘§ 57104. Acquisition of vessels from sale of obsolete vessels

5 ‘‘(a) IN GENERAL.—The Secretary of Transportation may acquire suit6 able documented vessels with amounts in the Vessel Operations Revolving

7 Fund derived from the sale of obsolete vessels in the National Defense Re8 serve Fleet.

9 ‘‘(b) VALUATION.—The acquired and obsolete vessels shall be valued at

10 their scrap value in domestic or foreign markets as of the date of the acqui11 sition for or sale from the Fleet. However, the value assigned to those ves12 sels shall be determined on the same basis, with consideration given to the

13 fair value of the cost of moving the vessel sold from the Fleet to the place

14 of scrapping.

15 ‘‘(c) COSTS INCIDENT TO LAY-UP.—Costs incident to the lay-up of the

16 vessel acquired under this section may be paid from amounts in the Fund.

17 ‘‘(d) TRANSFERS TO NON-CITIZENS.—A vessel sold from the Fleet under

18 this section may be scrapped in an approved foreign market without obtain19 ing additional separate approval from the Secretary to transfer the vessel

20 to a person not a citizen of the United States.

21 ‘‘§ 57105. Acquisition of vessels for essential services, routes,

22 or lines

23 ‘‘(a) IN GENERAL.—The Secretary of Transportation may acquire a ves24 sel, by purchase or otherwise, if—

25 ‘‘(1) the Secretary considers the vessel necessary to establish, main26 tain, improve, or serve as a replacement on an essential service, route,

27 or line in the foreign commerce of the United States, as determined

28 under section 50103 of this title;

29 ‘‘(2) the vessel was constructed in the United States; and

30 ‘‘(3) the Secretary of the Navy has certified to the Secretary of

31 Transportation that the vessel is suitable for economical and speedy

32 conversion into a naval or military auxiliary or otherwise suitable for

33 use by the United States Government in time of war or national emer34 gency.

35 ‘‘(b) PRICE.—The price paid for the vessel shall be based on a fair and

36 reasonable valuation. However, the price may not exceed by more than 5

37 percent the cost of the vessel to the owner (excluding any construction-dif38 ferential subsidy and the cost of national defense features paid by the Sec39 retary of Transportation) plus the actual cost previously expended for recon40 ditioning, less depreciation based on a 25-year life for a dry-cargo or pas-
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1 senger vessel and a 20-year life for a tanker or other liquid bulk carrier

2 vessel.

3 ‘‘(c) DOCUMENTATION.—A vessel acquired under this section that is not

4 documented under the laws of the United States at the time of acquisition

5 shall be so documented as soon as practicable.

6 ‘‘§ 57106. Maintenance, improvement, and operation of ves7 sels

8 ‘‘(a) IN GENERAL.—The Secretary of Transportation may maintain, re9 pair, recondition, remodel, and improve vessels owned by the United States

10 Government and in the possession or under the control of the Secretary, to

11 equip them adequately for competition in the foreign trade of the United

12 States. The Secretary may operate such a vessel or charter the vessel on

13 terms and conditions the Secretary considers appropriate to carry out the

14 purposes of this subtitle.

15 ‘‘(b) DOCUMENTATION AND RESTRICTIONS ON OPERATION.—A vessel re16 conditioned, remodeled, or improved under subsection (a) shall be docu17 mented under the laws of the United States and remain so documented for

18 at least 5 years after completion of the reconditioning, remodeling, or im19 provement. During that period, it shall be operated on voyages that are not

20 exclusively coastwise.

21 ‘‘§ 57107. Vessels for other agencies

22 ‘‘(a) IN GENERAL.—The Secretary of Transportation may construct, re23 construct, repair, equip, and outfit, by contract or otherwise, vessels or

24 parts thereof, for any other department or agency of the United States Gov25 ernment to the extent the other department or agency is authorized by law

26 to do so for its own account.

27 ‘‘(b) EFFECT ON CONTRACT AUTHORIZATION.—An obligation incurred or

28 expenditure made by the Secretary under this section does not affect any

29 contract authorization of the Secretary, but instead shall be charged against

30 the existing appropriation or contract authorization of the department or

31 agency.

32 ‘‘§ 57108. Consideration of ballast and equipment in deter33 mining selling price

34 ‘‘The Maritime Administration may not sell a vessel until its ballast and

35 equipment have been inventoried and their value considered in determining

36 the selling price of the vessel.

37 ‘‘§ 57109. Operation of vessels purchased, chartered, or

38 leased from Secretary of Transportation

39 ‘‘Unless otherwise authorized by the Secretary of Transportation, a vessel

40 purchased, chartered, or leased from the Secretary may be operated only

41 under a certificate of documentation with a registry or coastwise endorse-
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1 ment. Such a vessel, while employed solely as a merchant vessel, is subject

2 to the laws, regulations, and liabilities governing merchant vessels, whether

3 the United States Government has an interest in the vessel as an owner or

4 holds a mortgage, lien, or other interest.

5 ‘‘CHAPTER 573—VESSEL TRADE-IN PROGRAM

‘‘Sec.

‘‘57301. Definitions.

‘‘57302. Authority to acquire vessels.

‘‘57303. Utility value and tonnage requirements.

‘‘57304. Eligible acquisition dates.

‘‘57305. Determination of trade-in allowance.

‘‘57306. Payment of trade-in allowance.

‘‘57307. Recognition of gain for tax purposes.

‘‘57308. Use of vessels at least 25 years old.

6 ‘‘§ 57301. Definitions

7 ‘‘In this chapter:

8 ‘‘(1) NEW VESSEL.—The term ‘new vessel’ means a vessel—

9 ‘‘(A) constructed under this subtitle and acquired within 2 years

10 after the date of completion; or

11 ‘‘(B) constructed in a domestic shipyard on private account and

12 not under this subtitle, and documented under the laws of the

13 United States.

14 ‘‘(2) OBSOLETE VESSEL.—The term ‘obsolete vessel’ means a vessel

15 that—

16 ‘‘(A) is of at least 1,350 gross tons;

17 ‘‘(B) the Secretary of Transportation believes should, because of

18 its age, obsolescence, or other reasons, be replaced in the public

19 interest; and

20 ‘‘(C) has been owned by a citizen of the United States for at

21 least 3 years immediately before its acquisition under this chapter.

22 ‘‘§ 57302. Authority to acquire vessels

23 ‘‘To promote the construction of new, safe, and efficient vessels to carry

24 the domestic and foreign waterborne commerce of the United States, the

25 Secretary of Transportation may acquire an obsolete vessel in exchange for

26 an allowance of credit toward the cost of construction or purchase of a new

27 vessel as provided in this chapter.

28 ‘‘§ 57303. Utility value and tonnage requirements

29 ‘‘(a) UTILITY VALUE.—The utility value of a new vessel to be acquired

30 under this chapter for operation in the domestic or foreign commerce of the

31 United States may not be substantially less than that of the obsolete vessel

32 acquired in exchange under this chapter.

33 ‘‘(b) TONNAGE.—If the Secretary of Transportation finds that the new

34 vessel will have a utility value at least equal to that of the obsolete vessel,

35 the new vessel may be of lesser gross tonnage than the obsolete vessel. How-
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1 ever, the gross tonnage of the new vessel must be at least one-third the

2 gross tonnage of the obsolete vessel.

3 ‘‘§ 57304. Eligible acquisition dates

4 ‘‘At the option of the owner, the acquisition of an obsolete vessel under

5 this chapter shall occur—

6 ‘‘(1) when the owner contracts for the construction or purchase of

7 a new vessel; or

8 ‘‘(2) within 5 days of the actual date of delivery of the new vessel

9 to the owner.

10 ‘‘§ 57305. Determination of trade-in allowance

11 ‘‘(a) IN GENERAL.—The Secretary of Transportation shall determine the

12 trade-in allowance for an obsolete vessel at the time of acquisition of the

13 vessel. The allowance shall be the fair value of the vessel. In determining

14 the value, the Secretary shall consider—

15 ‘‘(1) the scrap value of the obsolete vessel in American and foreign

16 markets;

17 ‘‘(2) the depreciated value based on a 20-year or 25-year life, which18 ever applies to the obsolete vessel; and

19 ‘‘(3) the market value of the obsolete vessel for operation in world

20 commerce or in the domestic or foreign commerce of the United States.

21 ‘‘(b) USE OF OBSOLETE VESSELS.—If acquisition of the obsolete vessel

22 occurs when the owner contracts for the construction of the new vessel, and

23 the owner uses the obsolete vessel during the period of construction of the

24 new vessel, the Secretary shall reduce the trade-in allowance by an amount

25 representing the fair value of that use. The Secretary shall establish the

26 rate for use of the obsolete vessel when the contract for construction of the

27 new vessel is made.

28 ‘‘§ 57306. Payment of trade-in allowance

29 ‘‘(a) ACQUISITION AT TIME OF CONTRACT.—If acquisition of an obsolete

30 vessel under this chapter occurs when the owner contracts for the construc31 tion or purchase of the new vessel, the Secretary of Transportation shall

32 apply the trade-in allowance to the purchase price of the new vessel rather

33 than paying it to the owner. If the new vessel is constructed under this sub34 title, the Secretary may apply the trade-in allowance to the required cash

35 payments on terms and conditions the Secretary may prescribe. If the new

36 vessel is not constructed under this subtitle, the Secretary shall pay the

37 trade-in allowance to the builder of the vessel for the account of the owner

38 when the Secretary acquires the obsolete vessel.

39 ‘‘(b) ACQUISITION AT TIME OF DELIVERY.—If acquisition of the obsolete

40 vessel occurs when the new vessel is delivered to the owner, the Secretary

41 shall deposit the trade-in allowance in the owner’s capital construction fund.
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1 ‘‘§ 57307. Recognition of gain for tax purposes

2 ‘‘The owner of an obsolete vessel does not recognize a gain under the

3 Federal income tax laws when the vessel is transferred to the Secretary of

4 Transportation in exchange for a trade-in allowance under this chapter. The

5 basis of the new vessel acquired with the allowance is the same as the basis

6 of the obsolete vessel—

7 ‘‘(1) increased by the difference between the cost of the new vessel

8 and the trade-in allowance of the obsolete vessel; and

9 ‘‘(2) decreased by the amount of loss recognized on the transfer.

10 ‘‘§ 57308. Use of vessels at least 25 years old

11 ‘‘An obsolete vessel acquired under this chapter that is or becomes at

12 least 25 years old may not be used for commercial operation. However, the

13 vessel may be used—

14 ‘‘(1) during a period in which vessels may be requisitioned under

15 chapter 563 of this title; or

16 ‘‘(2) except as otherwise provided in this subtitle, on trade routes

17 serving only the foreign trade of the United States.

18 ‘‘CHAPTER 575—CONSTRUCTION, CHARTER, AND SALE

19 OF VESSELS

‘‘SUBCHAPTER I—GENERAL

‘‘Sec.

‘‘57501. Completion of long-range program.

‘‘57502. Construction, reconditioning, and remodeling of vessels.

‘‘57503. Competitive bidding.

‘‘57504. Charter or sale of vessels acquired by Department of Transportation.

‘‘57505. Employment of vessels on foreign trade routes.

‘‘57506. Minimum selling price of vessels.

‘‘SUBCHAPTER II—CHARTERS

‘‘57511. Demise charters.

‘‘57512. Competitive bidding.

‘‘57513. Minimum bid.

‘‘57514. Qualifications of bidders.

‘‘57515. Awarding of charters.

‘‘57516. Operating-differential subsidies.

‘‘57517. Recovery of excess profits.

‘‘57518. Performance bond.

‘‘57519. Insurance.

‘‘57520. Vessel maintenance.

‘‘57521. Termination of charter during national emergency.

‘‘SUBCHAPTER III—MISCELLANEOUS

‘‘57531. Construction and charter of vessels for unsuccessful routes.

‘‘57532. Operation of experimental vessels.

20 ‘‘SUBCHAPTER I—GENERAL

21 ‘‘§ 57501. Completion of long-range program

22 ‘‘Whenever the Secretary of Transportation determines that the objectives

23 and policies declared in sections 50101 and 50102 of this title cannot be

24 fully realized within a reasonable time under titles V and VI of the Mer25 chant Marine Act, 1936, and the President approves the determination, the
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1 Secretary, in accordance with this chapter, shall complete the long-range

2 program described in section 50102 of this title.

3 ‘‘§ 57502. Construction, reconditioning, and remodeling of

4 vessels

5 ‘‘(a) IN GENERAL.—The Secretary of Transportation may have new ves6 sels constructed, and have old vessels reconditioned or remodeled, as the

7 Secretary determines necessary to carry out the objectives of this subtitle.

8 ‘‘(b) PLACE OF WORK.—Construction, reconditioning, and remodeling of

9 vessels under subsection (a) shall take place in shipyards in the continental

10 United States (including Alaska and Hawaii). However, if satisfactory con11 tracts cannot be obtained from private shipbuilders, the Secretary may have

12 the work done in navy yards.

13 ‘‘(c) APPLICABILITY OF CONSTRUCTION-DIFFERENTIAL SUBSIDY PROVI14 SIONS.—Contracts for the construction, reconstruction, or reconditioning of

15 a vessel by a private shipbuilder under this chapter are subject to the provi16 sions of title V of the Merchant Marine Act, 1936, applicable to a contract

17 with a private shipbuilder for the construction of a vessel under title V of

18 that Act.

19 ‘‘§ 57503. Competitive bidding

20 ‘‘(a) ADVERTISEMENT AND BIDDING.—The Secretary of Transportation

21 may make a contract with a private shipbuilder for the construction of a

22 new vessel, or for the reconstruction or reconditioning of an existing vessel,

23 only after due advertisement and upon sealed competitive bids.

24 ‘‘(b) OPENING OF BIDS.—Bids required under this section shall be

25 opened at the time and place stated in the advertisement for bids. All inter26 ested persons, including representatives of the press, shall be permitted to

27 attend. The results of the bidding shall be publicly announced.

28 ‘‘§ 57504. Charter or sale of vessels acquired by Department

29 of Transportation

30 ‘‘Vessels transferred to or otherwise acquired by the Department of

31 Transportation in any manner may be chartered or sold by the Secretary

32 of Transportation as provided in this chapter.

33 ‘‘§ 57505. Employment of vessels on foreign trade routes

34 ‘‘(a) IN GENERAL.—The Secretary of Transportation shall arrange for

35 the employment of the Department of Transportation’s vessels in steamship

36 lines on such trade routes, exclusively serving the foreign trade of the

37 United States, as the Secretary determines are essential for the development

38 and maintenance of the commerce of the United States and the national de39 fense. However, the Secretary shall first determine that those routes are not

40 being adequately served by existing steamship lines privately owned and op-
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1 erated by citizens of the United States and documented under the laws of

2 the United States.

3 ‘‘(b) POLICY TO ENCOURAGE PRIVATE OPERATION.—The Secretary shall

4 have a policy of encouraging private operation of each essential steamship

5 line now owned by the United States Government by—

6 ‘‘(1) selling the line to a citizen of the United States; or

7 ‘‘(2) demising the Secretary’s vessels on bareboat charter to citizens

8 of the United States who agree to maintain the line in the manner pro9 vided in this chapter.

10 ‘‘§ 57506. Minimum selling price of vessels

11 ‘‘(a) IN GENERAL.—A vessel constructed under this subtitle or the Mer12 chant Marine Act, 1936, may not be sold by the Secretary of Transpor13 tation for less than the price specified in this section.

14 ‘‘(b) OPERATION IN FOREIGN TRADE.—If the vessel is to be operated in

15 foreign trade, the minimum price is the estimated foreign construction cost

16 (exclusive of national defense features) determined as of the date the con17 struction contract is executed, less depreciation under subsection (d).

18 ‘‘(c) OPERATION IN DOMESTIC TRADE.—If the vessel is to be operated

19 in domestic trade, the minimum price is the cost of construction in the

20 United States (exclusive of national defense features), less depreciation

21 under subsection (d).

22 ‘‘(d) DEPRECIATION.—Depreciation under subsections (b) and (c) shall be

23 based on—

24 ‘‘(1) a 25-year life for dry-cargo and passenger vessels; and

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

26 ‘‘SUBCHAPTER II—CHARTERS

27 ‘‘§ 57511. Demise charters

28 ‘‘A charter by the Secretary of Transportation under this chapter shall

29 demise the vessel to the charterer subject to all usual conditions contained

30 in a bareboat charter. The charter shall be for a term the Secretary con31 siders to be in the best interest of the United States Government and the

32 merchant marine.

33 ‘‘§ 57512. Competitive bidding

34 ‘‘(a) IN GENERAL.—The Secretary of Transportation may charter a ves35 sel of the Department of Transportation to a private operator only on the

36 basis of competitive sealed bidding. The bids must be submitted in strict

37 compliance with the terms and conditions of a public advertisement solic38 iting the bids.

39 ‘‘(b) ADVERTISEMENT FOR BIDS.—An advertisement for bids shall

40 state—
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1 ‘‘(1) the number, type, and tonnage of the vessels being offered for

2 bareboat charter for operation as a steamship line on a designated

3 trade route;

4 ‘‘(2) the minimum number of sailings required;

5 ‘‘(3) the length of time of the charter;

6 ‘‘(4) the right of the Secretary to reject all bids; and

7 ‘‘(5) other information the Secretary considers necessary for the in8 formation of prospective bidders.

9 ‘‘(c) OPENING OF BIDS.—Bids required under this section shall be

10 opened at the time and place stated in the advertisement for bids. All inter11 ested persons, including representatives of the press, shall be permitted to

12 attend. The results of the bidding shall be publicly announced.

13 ‘‘§ 57513. Minimum bid

14 ‘‘The Secretary of Transportation shall reject any bid for the charter

15 under this subchapter of a vessel constructed under this subtitle or the Mer16 chant Marine Act, 1936, if the charter hire offered is lower than the min17 imum charter hire would be if the vessel were chartered under section

18 57531 of this title.

19 ‘‘§ 57514. Qualifications of bidders

20 ‘‘(a) CONSIDERATIONS.—In deciding whether to award a charter to a bid21 der, the Secretary of Transportation shall consider—

22 ‘‘(1) the bidder’s financial resources, credit standing, and practical

23 experience in operating vessels; and

24 ‘‘(2) other factors a prudent business person would consider in enter25 ing into a transaction involving a large capital investment.

26 ‘‘(b) DISQUALIFICATIONS.—The Secretary may not charter a vessel to a

27 person appearing to lack sufficient capital, credit, and experience to operate

28 the vessel successfully over the period covered by the charter.

29 ‘‘§ 57515. Awarding of charters

30 ‘‘(a) IN GENERAL.—The Secretary of Transportation shall award the

31 charter to the bidder proposing to pay the highest monthly charter hire.

32 However, the Secretary may reject the highest or most advantageous or any

33 other bid if the Secretary considers the charter hire offered too low or deter34 mines that the bidder lacks the qualifications required by section 57514 of

35 this title.

36 ‘‘(b) HIGHEST BID REJECTED.—If the Secretary rejects the highest bid,

37 the Secretary may—

38 ‘‘(1) award the charter to the next highest bidder; or

39 ‘‘(2) reject all bids and either readvertise the line or operate the line

40 until conditions appear more favorable to reoffer the line for private

41 charter.
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1 ‘‘(c) REASON FOR REJECTION.—On request of a bidder, the reason for

2 rejection shall be stated in writing to the bidder.

3 ‘‘§ 57516. Operating-differential subsidies

4 ‘‘If the Secretary of Transportation considers it necessary, the Secretary

5 may make a contract with a charterer of a vessel owned by the Secretary

6 for payment of an operating-differential subsidy, on the same terms and

7 conditions, and subject to the same limitations and restrictions, as otherwise

8 provided with respect to payment of operating-differential subsidies to oper9 ators of privately-owned vessels.

10 ‘‘§ 57517. Recovery of excess profits

11 ‘‘(a) IN GENERAL.—A charter under this chapter shall provide that if,

12 at the end of a calendar year subsequent to the execution of the charter,

13 the cumulative net voyage profit (after payment of the charter hire reserved

14 in the charter and payment of the charterer’s fair and reasonable overhead

15 expenses applicable to operation of the chartered vessel) exceeds 10 percent

16 a year of the charterer’s capital necessarily employed in the business of the

17 chartered vessel, the charterer shall pay to the Secretary of Transportation,

18 as additional charter hire, half the cumulative net voyage profit in excess

19 of 10 percent a year. However, any cumulative net voyage profit accounted

20 for under this subsection is not to be included in the calculation of cumu21 lative net voyage profit in any subsequent year.

22 ‘‘(b) TERMS TO BE DEFINED AND USED.—The Secretary shall define the

23 terms ‘net voyage profit’, ‘fair and reasonable overhead expenses’, and ‘cap24 ital necessarily employed’ for this section. Each advertisement for bids and

25 each charter shall contain these definitions, stating the formula for deter26 mining each of these three amounts.

27 ‘‘§ 57518. Performance bond

28 ‘‘The Secretary of Transportation shall require a charterer of a vessel of

29 the Secretary to deposit with the Secretary an undertaking, with approved

30 sureties, in such amount as the Secretary may require as security for the

31 faithful performance of the terms of the charter, including indemnity

32 against liens on the chartered vessel.

33 ‘‘§ 57519. Insurance

34 ‘‘A charter under this chapter shall require the charterer to carry, at the

35 charterer’s expense, insurance on the chartered vessel covering all marine

36 and port risks, protection and indemnity risks, and all other hazards and

37 liabilities, adequate to cover damages claimed against and losses sustained

38 by the chartered vessel arising during the term of the charter. The insur39 ance shall be in such form, in such amount, and with such companies as

40 the Secretary of Transportation may require. In accordance with law, any

41 of the insurance risks may be underwritten by the Secretary.
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1 ‘‘§ 57520. Vessel maintenance

2 ‘‘(a) IN GENERAL.—A charter under this chapter shall require the

3 charterer, at the charterer’s expense, to—

4 ‘‘(1) keep the chartered vessel in good repair and efficient operating

5 condition; and

6 ‘‘(2) make any repairs required by the Secretary of Transportation.

7 ‘‘(b) INSPECTION.—The charter shall provide that the Secretary has the

8 right to inspect the vessel at any time to ascertain its condition.

9 ‘‘§ 57521. Termination of charter during national emergency

10 ‘‘A charter under this chapter shall provide that during a national emer11 gency proclaimed by the President or a period for which the President has

12 proclaimed that the security of the national defense makes it advisable, the

13 Secretary of Transportation may terminate the charter without cost to the

14 United States Government on such notice to the charterer as the President

15 determines.

16 ‘‘SUBCHAPTER III—MISCELLANEOUS

17 ‘‘§ 57531. Construction and charter of vessels for unsuccess18 ful routes

19 ‘‘(a) IN GENERAL.—If the Secretary of Transportation finds that a trade

20 route determined to be essential under section 50103 of this title cannot be

21 successfully developed and maintained and the Secretary’s replacement pro22 gram cannot be achieved under private operation of the trade route by a

23 citizen of the United States with vessels documented under the laws of the

24 United States, without further aid by the United States Government in ad25 dition to the financial aid authorized under titles V and VI of the Merchant

26 Marine Act, 1936, the Secretary, without advertisement or competition,

27 may—

28 ‘‘(1) have constructed, in private shipyards or in navy yards, vessels

29 of the types necessary for the trade route; and

30 ‘‘(2) demise those new vessels or bareboat charter them to the Amer31 ican-flag operator established on the trade route.

32 ‘‘(b) AMOUNT OF CHARTER HIRE.—

33 ‘‘(1) IN GENERAL.—The annual charter hire under subsection (a)

34 shall be at least 4 percent of the price (referred to in this section as

35 the ‘foreign cost’) at which the vessel would be sold if constructed

36 under title V of the Merchant Marine Act, 1936, plus—

37 ‘‘(A) a percentage of the depreciated foreign cost computed an38 nually determined by the Secretary of the Treasury, taking into

39 consideration the current average market yield on outstanding

40 marketable obligations of the Government with remaining periods
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1 to maturity comparable to the term of the charter, adjusted to the

2 nearest one-eighth percent; and

3 ‘‘(B) an allowance adequate in the judgment of the Secretary

4 of Transportation to cover administrative costs.

5 ‘‘(2) DEPRECIATION.—Depreciation under paragraph (1)(A) shall be

6 based on—

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

8 ‘‘(B) a 20-year life for tankers and other bulk liquid carrier ves9 sels.

10 ‘‘(c) OPTION TO PURCHASE.—The charter may contain an option to the

11 charterer to purchase the vessels from the Secretary of Transportation with12 in 5 years after delivery under the charter, on the same terms and condi13 tions as provided in title V of the Merchant Marine Act, 1936, for the pur14 chase of new vessels from the Secretary. However—

15 ‘‘(1) the purchase price shall be the foreign cost less depreciation to

16 the date of purchase based on the useful life specified in subsection

17 (b)(2);

18 ‘‘(2) the required cash payment payable at the time of the purchase

19 shall be 25 percent of the purchase price;

20 ‘‘(3) the charter may provide that any part of the charter hire paid

21 in excess of the minimum charter hire provided for in this section may

22 be credited against the cash payment payable at the time of the pur23 chase;

24 ‘‘(4) the balance of the purchase price shall be paid within the re25 maining years of useful life (as specified in subsection (b)(2)) after the

26 date of delivery of the vessel under the charter and in approximately

27 equal annual installments, except that the first installment, which shall

28 be payable on the next ensuing anniversary date of the delivery under

29 the charter, shall be a proportionate part of the annual installment;

30 and

31 ‘‘(5) interest shall be payable on the unpaid balances from the date

32 of purchase, at a rate not less than—

33 ‘‘(A) a rate determined by the Secretary of the Treasury, taking

34 into consideration the current average market yield on outstanding

35 marketable obligations of the Government with remaining periods

36 to maturity comparable to the average maturities of the loans, ad37 justed to the nearest one-eighth percent; plus

38 ‘‘(B) an allowance adequate in the judgment of the Secretary

39 of Transportation to cover administrative costs.

40 ‘‘(d) OPERATION OF VESSEL.—
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1 ‘‘(1) PERMISSIBLE VOYAGES.—The charter shall provide for oper2 ation of the vessel exclusively—

3 ‘‘(A) in foreign trade;

4 ‘‘(B) on a round-the-world voyage;

5 ‘‘(C) on a round voyage from the west coast of the United

6 States to a European port that includes an intercoastal port of the

7 United States;

8 ‘‘(D) on a round voyage from the Atlantic coast of the United

9 States to the Orient that includes an intercoastal port of the

10 United States; or

11 ‘‘(E) on a voyage in foreign trade on which the vessel may stop

12 at Hawaii or an island territory or possession of the United

13 States.

14 ‘‘(2) DOMESTIC TRADE.—The charter shall provide if the vessel is

15 operated in domestic trade on any of the services specified in para16 graph (1), the charterer will pay annually to the Secretary of Transportation that proportion of 1 17 ⁄25 of the difference between the domestic

18 and foreign cost of the vessel as the gross revenue derived from the

19 domestic trade bears to the gross revenue derived from the entire voy20 ages completed during the preceding year.

21 ‘‘§ 57532. Operation of experimental vessels

22 ‘‘(a) DEFINITION.—In this section, the term ‘experimental vessel’ means

23 a vessel owned by the United States Government (including a vessel in the

24 National Defense Reserve Fleet) that has been constructed, reconditioned,

25 or remodeled for experimental or testing purposes.

26 ‘‘(b) AUTHORITY TO OPERATE.—The Secretary of Transportation, for

27 the purpose of practical development, trial, and testing, may operate an ex28 perimental vessel under a bareboat charter or general agency agreement in

29 the foreign or domestic trade of the United States or for use for the account

30 of a department or agency of the Government, without regard to other pro31 visions of this subtitle and other laws related to chartering and general

32 agency operations. Not more than 10 vessels may be operated and tested

33 under this section in any one year.

34 ‘‘(c) TERMS OF OPERATION.—Operation of a vessel under this section

35 shall be on terms the Secretary considers appropriate to carry out the pur36 poses of this subtitle. A bareboat charter under this section shall be at rea37 sonable rates and include restrictions the Secretary considers appropriate to

38 protect the public interest, including provisions for recapture of profits

39 under section 57517 of this title. A charter or general agency agreement

40 under this section shall be reviewed annually to determine whether condi41 tions exist to justify continuance of the charter or agreement.
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1 ‘‘(d) RIGHTS OF SEAMEN.—A seaman engaged in vessel operations of the

2 Secretary under this section and employed through a general agent in con3 nection with a charter or agreement under this section is entitled to all the

4 rights and remedies provided in sections 1(a) and (c), 3(c), and 4 of the

5 Act of March 24, 1943 (50 App. U.S.C. 1291(a), (c), 1293(c), 1294).

6 ‘‘PART G—RESTRICTIONS AND PENALTIES

7 ‘‘CHAPTER 581—RESTRICTIONS AND PENALTIES

‘‘Sec.

‘‘58101. Operating in domestic intercoastal or coastwise service.

‘‘58102. Default on payment or maintenance of reserves.

‘‘58103. Employing another person as managing or operating agent.

‘‘58104. Willful violation constitutes breach of contract or charter.

‘‘58105. Preferences for cargo in which charterer has interest.

‘‘58106. Concerted discriminatory activities.

‘‘58107. Discrimination at ports by water common carriers.

‘‘58108. Charges for transportation subject to subtitle IV of title 49.

‘‘58109. Penalties.

8 ‘‘§ 58101. Operating in domestic intercoastal or coastwise

9 service

10 ‘‘(a) PROHIBITION.—A subsidy may not be awarded or paid to a con11 tractor under the operating-differential subsidy program, and a vessel may

12 not be chartered to a person under chapter 575 of this title, if the con13 tractor or charterer, or a holding company, subsidiary, affiliate, or associate

14 of the contractor or charterer, or an officer, director, agent, or executive

15 thereof, directly or indirectly—

16 ‘‘(1) owns, charters, or operates a vessel engaged in the domestic

17 intercoastal or coastwise service; or

18 ‘‘(2) owns a pecuniary interest in a person that owns, charters, or

19 operates a vessel in the domestic intercoastal or coastwise service.

20 ‘‘(b) WAIVER.—A person may apply to the Secretary of Transportation

21 for a waiver of subsection (a). Before deciding on the waiver, the Secretary

22 shall give the applicant and other interested persons an opportunity for a

23 hearing. The Secretary may not grant the waiver if the Secretary finds it

24 would—

25 ‘‘(1) result in unfair competition to a person operating exclusively in

26 the domestic intercoastal or coastwise service; or

27 ‘‘(2) be prejudicial to the objectives and policy of this subtitle.

28 ‘‘(c) CONTINUOUS OPERATION SINCE 1935.—The Secretary shall grant

29 an application under subsection (b) without requiring further proof that the

30 public interest and convenience will be served and without further pro31 ceedings as to the competition in the route or trade, if the contractor or

32 other person, or a predecessor in interest, was in bona-fide operation as a

33 common carrier by water in the domestic intercoastal or coastwise trade in

34 1935 over the route or in the trade for which the application is made and

35 has so operated since that time or, if engaged in furnishing seasonal service
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1 only, was in bona-fide operation in 1935 during the season ordinarily cov2 ered by its operation, except in either event as to interruptions of service

3 over which the applicant or its predecessor in interest had no control.

4 ‘‘(d) DIVERSION INTO INTERCOASTAL OR COASTWISE OPERATIONS.—If

5 an application under subsection (b) is approved, a person referred to in this

6 section may not divert, directly or indirectly, money, property, or any other

7 thing of value, used in a foreign-trade operation for which a subsidy is paid

8 by the United States Government, into intercoastal or coastwise operations.

9 ‘‘§ 58102. Default on payment or maintenance of reserves

10 ‘‘The Secretary of Transportation may supervise the number and com11 pensation of all officers and employees of a contractor under the operating12 differential subsidy program or a charterer under chapter 575 of this title,

13 receiving an operating-differential subsidy, if the contractor or charterer—

14 ‘‘(1) is in default on a mortgage, note, purchase contract, or other

15 obligation to the Secretary; or

16 ‘‘(2) has not maintained, in a manner satisfactory to the Secretary,

17 all of the reserves provided for in this subtitle.

18 ‘‘§ 58103. Employing another person as managing or oper19 ating agent

20 ‘‘(a) PROHIBITION.—Except with the written consent of the Secretary of

21 Transportation, a contractor holding a contract under the operating-dif22 ferential subsidy program or under chapter 575 of this title may not—

23 ‘‘(1) employ another person as the managing or operating agent of

24 the operator; or

25 ‘‘(2) charter a vessel, on which an operating-differential subsidy is

26 to be paid, for operation by another person.

27 ‘‘(b) APPLICABILITY OF PROVISIONS TO CHARTERER.—If a charter pro28 hibited by this section is made, the person operating the chartered vessel

29 is subject to all the provisions of this subtitle and the operating-differential

30 subsidy program, including limitations of profits and salaries.

31 ‘‘§ 58104. Willful violation constitutes breach of contract or

32 charter

33 ‘‘A willful violation of any provision of sections 58101–58103 of this title

34 constitutes a breach of the contract or charter. On determining that a viola35 tion has occurred, the Secretary of Transportation may declare the contract

36 or charter rescinded.

37 ‘‘§ 58105. Preferences for cargo in which charterer has inter38 est

39 ‘‘A contractor receiving an operating-differential subsidy, or a charterer

40 under chapter 575 of this title, may not unjustly discriminate in any man41 ner so as to give preference, directly or indirectly, to cargo in which the con-
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1 tractor or charterer has a direct or indirect ownership, purchase, or vending

2 interest.

3 ‘‘§ 58106. Concerted discriminatory activities

4 ‘‘(a) PROHIBITION.—A contractor receiving an operating-differential sub5 sidy, or a charterer under chapter 575 of this title, may not continue as

6 a party to or conform to an agreement with another carrier by water, or

7 engage in a practice in concert with another carrier by water, that is un8 justly discriminatory or unfair to any other citizen of the United States op9 erating a common carrier by water employing only vessels documented

10 under the laws of the United States on an established trade route from and

11 to a United States port.

12 ‘‘(b) GOVERNMENT PAYMENT PROHIBITED.—No payment or subsidy of

13 any kind may be paid, directly or indirectly, out of funds of the United

14 States Government to a contractor or charterer that has violated subsection

15 (a).

16 ‘‘(c) CIVIL ACTION.—A person whose business or property is injured by

17 a violation of subsection (a) may bring a civil action in the district court

18 of the United States for the district in which the defendant resides, is

19 found, or has an agent. If the person prevails, the person shall be

20 awarded—

21 ‘‘(1) 3 times the damages; and

22 ‘‘(2) costs, including reasonable attorney fees.

23 ‘‘§ 58107. Discrimination at ports by water common carriers

24 ‘‘(a) PROHIBITION.—A common carrier by water may not, directly or in25 directly, through an agreement, conference, association, understanding, or

26 otherwise, prevent or attempt to prevent any other common carrier by water

27 from serving any port described in subsection (b) at the same rates the first

28 carrier charges at the nearest port already regularly served by it.

29 ‘‘(b) PORTS.—A port referred to in subsection (a) is one that is—

30 ‘‘(1) designed for the accommodation of ocean-going vessels;

31 ‘‘(2) located on an improvement project authorized by law or by a

32 Federal agency; and

33 ‘‘(3) located within the continental limits of the United States.

34 ‘‘(c) OTHER AUTHORITY NOT LIMITED.—This section does not limit the

35 authority otherwise vested in the Secretary of Transportation and the Fed36 eral Maritime Commission.

37 ‘‘§ 58108. Charges for transportation subject to subtitle IV of

38 title 49

39 ‘‘(a) PROHIBITION.—A carrier may not charge, collect, or receive for

40 transportation subject to subtitle IV of title 49 of persons or property,

41 under any joint rate, fare, or charge, or under any export, import, or other
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1 proportional rate, fare, or charge, that is based in whole or in part on the

2 fact that the persons or property affected are to be transported to, or have

3 been transported from, a port in a territory or possession of the United

4 States or in a foreign country, by a carrier by water in foreign commerce,

5 any lower rate, fare, or charge than the carrier charges, collects, or receives

6 for the transportation of persons or similar property for the same distance,

7 in the same direction, and over the same route, in commerce wholly within

8 the United States, unless the vessel used for the transportation is or was

9 at the time of the transportation documented under the laws of the United

10 States.

11 ‘‘(b) SUSPENSION OF PROHIBITION.—Whenever the Secretary of Trans12 portation believes that adequate shipping facilities to or from any port in

13 a territory or possession of the United States or a foreign country are not

14 being provided by vessels documented under the laws of the United States,

15 the Secretary shall certify this fact to the Surface Transportation Board.

16 On receiving the certification, the Board may by order suspend the oper17 ation of subsection (a) with respect to the rates, fares, and charges for the

18 transportation by rail of persons and property transported from or to be

19 transported to those ports, for such time and under such terms and condi20 tions as the Secretary may specify in the order or in any supplemental

21 order.

22 ‘‘(c) TERMINATION OF SUSPENSION.—Whenever the Secretary believes

23 that adequate shipping facilities are being provided to those ports by vessels

24 documented under the laws of the United States, and certifies that fact to

25 the Board, the Board may order the termination of the suspension.

26 ‘‘§ 58109. Penalties

27 ‘‘(a) INDIVIDUALS.—An individual convicted of violating section

28 58101(d), 58103, or 58105 of this title shall be fined under title 18, impris29 oned for at least one year but not more than 5 years, or both.

30 ‘‘(b) ORGANIZATIONS.—An organization convicted of committing an act

31 prohibited by this subtitle shall be fined under title 18.

32 ‘‘(c) INELIGIBILITY TO RECEIVE BENEFITS.—An individual or organiza33 tion convicted of violating a section referred to in subsection (a) is ineligible,

34 at the discretion of the Secretary of Transportation, to receive any benefit

35 under the construction-differential subsidy or operating-differential subsidy

36 programs, or a charter under chapter 575 of this title, for 5 years after

37 the conviction.’’.

38 SEC. 8. SUBTITLE VI OF TITLE 46.

39 (a) REDESIGNATION.—Title 46, United States Code, is amended by re40 designating subtitle VI as subtitle VII.
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1 (b) NEW SUBTITLE.—Title 46, United States Code, is amended by insert2 ing after subtitle V the following:

3 ‘‘Subtitle VI—Clearance, Tonnage Taxes, and

4 Duties

‘‘Chapter Sec.

‘‘601. Arrival and Departure Requirements ............................................... 60101

‘‘603. Tonnage Taxes and Light Money ........................................................ 60301

‘‘605. Discriminating Duties and Reciprocal Privileges ........................ 60501

5 ‘‘CHAPTER 601—ARRIVAL AND DEPARTURE

6 REQUIREMENTS

‘‘Sec.

‘‘60101. Boarding arriving vessels before inspection.

‘‘60102. Production of certificate on entry.

‘‘60103. Oath of ownership on entry.

‘‘60104. Depositing certificates of documentation with consular officers.

‘‘60105. Clearance of vessels.

‘‘60106. State inspection laws.

‘‘60107. Payment of fees on departing vessel.

‘‘60108. Duty to transport tendered cargo.

‘‘60109. Duty to transport money and securities of the United States Government.

7 ‘‘§ 60101. Boarding arriving vessels before inspection

8 ‘‘(a) REGULATIONS.—The Secretary of Homeland Security shall prescribe

9 and enforce regulations on the boarding of a vessel arriving at a port of

10 the United States before the vessel has been inspected and secured.

11 ‘‘(b) CRIMINAL PENALTY.—A person violating a regulation prescribed

12 under this section shall be fined under title 18, imprisoned for not more

13 than 6 months, or both.

14 ‘‘(c) RELATIONSHIP TO OTHER LAW.—This section shall be construed as

15 supplementary to section 2279 of title 18.

16 ‘‘§ 60102. Production of certificate on entry

17 ‘‘On entry of a vessel documented under chapter 121 of this title, the

18 master or other individual in charge of the vessel shall produce the certifi19 cate of documentation to the customs officer at the place where the vessel

20 is entered. If the certificate is not produced, the vessel is not entitled to

21 the privileges of a documented vessel.

22 ‘‘§ 60103. Oath of ownership on entry

23 ‘‘(a) REQUIRED STATEMENT.—On entry of a vessel of the United States

24 from a foreign port, the individual designated under subsection (b) shall

25 state under oath that—

26 ‘‘(1) the vessel’s certificate of documentation contains the names of

27 all the owners of the vessel; or

28 ‘‘(2) part of the ownership has been transferred since the certificate

29 was issued and, to the best of the individual’s knowledge and belief,

30 the vessel is still owned only by citizens of the United States.

31 ‘‘(b) PERSON TO MAKE STATEMENT.—The statement under subsection

32 (a) shall be made by—
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1 ‘‘(1) an owner if one resides at the port of entry; or

2 ‘‘(2) the master if an owner does not reside at the port of entry.

3 ‘‘(c) CONSEQUENCE OF NOT MAKING STATEMENT.—If the appropriate

4 individual does not make the statement required by this section, the vessel

5 is not entitled to the privileges of a vessel of the United States.

6 ‘‘§ 60104. Depositing certificates of documentation with con7 sular officers

8 ‘‘(a) REQUIREMENT OF MASTER.—When a vessel owned by citizens of the

9 United States, on a voyage from a port in the United States, arrives at a

10 foreign port, the master of the vessel shall deposit the vessel’s certificate

11 of documentation with a consular officer at the foreign port if there is a

12 consular officer at that port.

13 ‘‘(b) RETURN OF CERTIFICATE.—When the master produces a clearance

14 from the appropriate officer of the foreign port, the consular officer shall

15 return the certificate of documentation to the master if the master has com16 plied with the provisions of law related to the discharge of seamen in a for17 eign country and the payment of fees of consular officers.

18 ‘‘(c) CIVIL PENALTY AND COLLECTION.—The master of a vessel failing

19 to deposit the certificate of documentation as required by subsection (a) is

20 liable to the United States Government for a civil penalty of $500. The con21 sular officer shall bring an action to recover the penalty in any court of

22 competent jurisdiction. The action shall be brought in the name of the con23 sular officer for the benefit of the Government.

24 ‘‘§ 60105. Clearance of vessels

25 ‘‘(a) VESSELS OF THE UNITED STATES.—Except as otherwise provided

26 by law, a vessel of the United States shall obtain clearance from the Sec27 retary of Homeland Security before proceeding from a port or place in the

28 United States—

29 ‘‘(1) for a foreign port or place;

30 ‘‘(2) for another port or place in the United States if the vessel has

31 on board foreign merchandise for which entry has not been made; or

32 ‘‘(3) outside the territorial sea to visit a hovering vessel or to receive

33 merchandise while outside the territorial sea.

34 ‘‘(b) OTHER VESSELS.—Except as otherwise provided by law, a vessel

35 that is not a vessel of the United States shall obtain clearance from the Sec36 retary before proceeding from a port or place in the United States—

37 ‘‘(1) for a foreign port or place;

38 ‘‘(2) for another port or place in the United States; or

39 ‘‘(3) outside the territorial sea to visit a hovering vessel or to receive

40 or deliver merchandise while outside the territorial sea.

41 ‘‘(c) REGULATIONS.—The Secretary may by regulation—
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1 ‘‘(1) prescribe the manner in which clearance under this section is

2 to be obtained, including the documents, data, or information which

3 shall be submitted or transmitted, pursuant to an authorized data

4 interchange system, to obtain the clearance;

5 ‘‘(2) permit clearance to be obtained before all requirements for

6 clearance are complied with, but only if the owner or operator of the

7 vessel files a bond in an amount set by the Secretary conditioned on

8 the compliance by the owner or operator with all specified requirements

9 for clearance within a time period (not exceeding 4 business days) es10 tablished by the Secretary; and

11 ‘‘(3) permit clearance to be obtained at a place other than a des12 ignated port of entry, under conditions the Secretary may prescribe.

13 ‘‘§ 60106. State inspection laws

14 ‘‘When State law requires a certificate of inspection for goods carried on

15 a vessel, a vessel transporting the goods may not be cleared until the certifi16 cate is produced.

17 ‘‘§ 60107. Payment of fees on departing vessel

18 ‘‘A departing vessel may be cleared only when all legal fees that have ac19 crued on the vessel are paid and proof of payment is presented to the indi20 vidual granting the clearance.

21 ‘‘§ 60108. Duty to transport tendered cargo

22 ‘‘Clearance may be refused to a vessel or vehicle transporting cargo des23 tined for a domestic or foreign port when the owner, master, or other indi24 vidual in charge refuses to accept cargo tendered in good condition, with

25 proper charges, for the same or an intermediate port by a citizen of the

26 United States. This section does not apply if the vessel or vehicle is already

27 fully loaded (giving appropriate consideration to its proper loading) or is not

28 adaptable to transport the tendered cargo.

29 ‘‘§ 60109. Duty to transport money and securities of the

30 United States Government

31 ‘‘Before being given clearance, a vessel owned by a citizen of the United

32 States and bound on a voyage from a port in the United States to another

33 port in the United States or in a foreign country, or on a voyage from a

34 port in a foreign country to a port in the United States, shall receive on

35 board any bullion, coin, notes, bonds, or other securities of the United

36 States Government that an agency, consular officer, or other agent of the

37 Government offers. The vessel shall transport the items securely and deliver

38 them promptly to the proper authorities or consignees on arriving at the

39 port of destination. Compensation shall be paid for services provided under

40 this section that is equal to compensation paid to other carriers in the ordi41 nary transaction of business.
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1 ‘‘CHAPTER 603—TONNAGE TAXES AND LIGHT MONEY

‘‘Sec.

‘‘60301. Regular tonnage taxes.

‘‘60302. Special tonnage taxes.

‘‘60303. Light money.

‘‘60304. Presidential suspension of tonnage taxes and light money.

‘‘60305. Vessels in distress.

‘‘60306. Vessels not engaged in trade.

‘‘60307. Vessels engaged in coastwise trade or the fisheries.

‘‘60308. Vessels engaged in Great Lakes trade.

‘‘60309. Passenger vessels making trips between ports of the United States and foreign ports.

‘‘60310. Vessels making daily trips on interior waters.

‘‘60311. Hospital vessels in time of war.

‘‘60312. Rights under treaties preserved.

2 ‘‘§ 60301. Regular tonnage taxes

3 ‘‘(a) LOWER RATE.—A tax is imposed at the rate of 2 cents per ton (but

4 not more than a total of 10 cents per ton per year) at each entry in a port

5 of the United States of—

6 ‘‘(1) a vessel entering from a foreign port or place in North America,

7 Central America, the West Indies Islands, the Bahama Islands, the

8 Bermuda Islands, or the coast of South America bordering the Carib9 bean Sea; or

10 ‘‘(2) a vessel returning to the same port or place in the United

11 States from which it departed, and not entering the United States from

12 another port or place, except—

13 ‘‘(A) a vessel of the United States;

14 ‘‘(B) a recreational vessel (as defined in section 2101 of this

15 title); or

16 ‘‘(C) a barge.

17 ‘‘(b) HIGHER RATE.—A tax is imposed at the rate of 6 cents per ton

18 (but not more than a total of 30 cents per ton per year) on a vessel at each

19 entry in a port of the United States from a foreign port or place not named

20 in subsection (a)(1).

21 ‘‘(c) EXCEPTION FOR VESSELS ENTERING OTHER THAN BY SEA.—Sub22 section (a) does not apply to a vessel entering other than by sea from a

23 foreign port or place at which tonnage, lighthouse, or other equivalent taxes

24 are not imposed on vessels of the United States.

25 ‘‘§ 60302. Special tonnage taxes

26 ‘‘(a) ENTRY FROM FOREIGN PORT OR PLACE.—Regardless of whether a

27 tax is imposed under section 60301 of this title, a tax is imposed on a vessel

28 at each entry in a port of the United States from a foreign port or place

29 at the following rates:

30 ‘‘(1) 30 cents per ton on a vessel built in the United States but

31 owned in any part by a subject of a foreign country.

32 ‘‘(2) 50 cents per ton on other vessels not of the United States.
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1 ‘‘(3) 50 cents per ton on a vessel of the United States having an

2 officer who is not a citizen of the United States.

3 ‘‘(4) $2 per ton on a foreign vessel entering from a foreign port or

4 place at which vessels of the United States are not ordinarily allowed

5 to enter and trade.

6 ‘‘(b) VESSELS NOT OF THE UNITED STATES TRANSPORTING PROPERTY

7 BETWEEN DISTRICTS.—Regardless of whether a tax is imposed under sec8 tion 60301 of this title, a tax of 50 cents per ton is imposed on a vessel

9 not of the United States at each entry in one customs district from another

10 district when transporting goods loaded in one district to be delivered in an11 other district.

12 ‘‘(c) EXCEPTION FOR VESSELS BECOMING DOCUMENTED.—The tax of 50

13 cents per ton under this section does not apply to a vessel that—

14 ‘‘(1) is owned only by citizens of the United States; and

15 ‘‘(2) after entering a port of the United States, becomes documented

16 as a vessel of the United States before leaving that port.

17 ‘‘§ 60303. Light money

18 ‘‘(a) IMPOSITION OF TAX.—A tax of 50 cents per ton, to be called ‘light

19 money’, is imposed on a vessel not of the United States at each entry in

20 a port of the United States. This tax shall be imposed and collected under

21 the same regulations that apply to tonnage taxes.

22 ‘‘(b) EXCEPTION FOR VESSELS OWNED BY CITIZENS.—

23 ‘‘(1) IN GENERAL.—Subsection (a) does not apply to a vessel owned

24 only by citizens of the United States if—

25 ‘‘(A) the vessel is carrying a regular document issued by a cus26 tomhouse of the United States proving the vessel to be owned only

27 by citizens of the United States; and

28 ‘‘(B) on entry of the vessel from a foreign port, the individual

29 designated under paragraph (2) states under oath that—

30 ‘‘(i) the document contains the names of all the owners of

31 the vessel; or

32 ‘‘(ii) part of the ownership has been transferred since the

33 document was issued and, to the best of that individual’s

34 knowledge and belief, the vessel is still owned only by citizens

35 of the United States.

36 ‘‘(2) PERSON TO MAKE STATEMENT.—The statement under para37 graph (1)(B) shall be made by—

38 ‘‘(A) an owner if one resides at the port of entry; or

39 ‘‘(B) the master if an owner does not reside at the port of

40 entry.
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1 ‘‘(c) EXCEPTION FOR VESSELS BECOMING DOCUMENTED.—Subsection

2 (a) section does not apply to a vessel that—

3 ‘‘(1) is owned only by citizens of the United States; and

4 ‘‘(2) after entering a port of the United States, becomes documented

5 as a vessel of the United States before leaving that port.

6 ‘‘§ 60304. Presidential suspension of tonnage taxes and light

7 money

8 ‘‘If the President is satisfied that the government of a foreign country

9 does not impose discriminating or countervailing duties to the disadvantage

10 of the United States, the President shall suspend the imposition of special

11 tonnage taxes and light money under sections 60302 and 60303 of this title

12 on vessels of that country.

13 ‘‘§ 60305. Vessels in distress

14 ‘‘A vessel is exempt from tonnage taxes and light money when it enters

15 because it is in distress.

16 ‘‘§ 60306. Vessels not engaged in trade

17 ‘‘A vessel is exempt from tonnage taxes and light money when not en18 gaged in trade.

19 ‘‘§ 60307. Vessels engaged in coastwise trade or the fisheries

20 ‘‘A vessel with a registry endorsement or a coastwise endorsement, trad21 ing from one port in the United States to another port in the United States

22 or employed in the bank, whale, or other fisheries, is exempt from tonnage

23 taxes and light money.

24 ‘‘§ 60308. Vessels engaged in Great Lakes trade

25 ‘‘A documented vessel with a registry endorsement, engaged in foreign

26 trade on the Great Lakes or their tributary or connecting waters in trade

27 with Canada, does not become subject to tonnage taxes or light money be28 cause of that trade.

29 ‘‘§ 60309. Passenger vessels making trips between ports of

30 the United States and foreign ports

31 ‘‘A passenger vessel making at least 3 trips per week between a port of

32 the United States and a foreign port is exempt from tonnage taxes and light

33 money.

34 ‘‘§ 60310. Vessels making daily trips on interior waters

35 ‘‘A vessel making regular daily trips between a port of the United States

36 and a port of Canada only on interior waters not navigable to the ocean

37 is exempt from tonnage taxes and light money, except on its first clearing

38 each year.

39 ‘‘§ 60311. Hospital vessels in time of war

40 ‘‘In time of war, a hospital vessel is exempt from tonnage taxes, light

41 money, and pilotage charges in the ports of the United States if the vessel
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1 is one for which the conditions of the international convention for the ex2 emption of hospital ships from taxation in time of war, concluded at The

3 Hague on December 21, 1904, are satisfied. The President by proclamation

4 shall name the vessels for which the conditions are satisfied and state when

5 the exemption begins and ends.

6 ‘‘§ 60312. Rights under treaties preserved

7 ‘‘This chapter and chapter 605 of this title do not affect a right or privi8 lege of a foreign country relating to tonnage taxes or other duties on vessels

9 under a law or treaty of the United States.

10 ‘‘CHAPTER 605—DISCRIMINATING DUTIES AND

11 RECIPROCAL PRIVILEGES

‘‘Sec.

‘‘60501. Vessels allowed to import.

‘‘60502. Discriminating duty on goods imported in foreign vessels or from contiguous countries.

‘‘60503. Reciprocal suspension of discriminating duties.

‘‘60504. Reciprocal privileges for recreational vessels.

‘‘60505. Retaliatory suspension of commercial privileges.

‘‘60506. Retaliation against British dominions of North America.

‘‘60507. Suspension of free passage through Saint Marys Falls Canal.

12 ‘‘§ 60501. Vessels allowed to import

13 ‘‘(a) IN GENERAL.—Except as otherwise provided by treaty, goods may

14 be imported into the United States from a foreign port or place only in—

15 ‘‘(1) a vessel of the United States; or

16 ‘‘(2) a foreign vessel owned only by citizens or subjects of the

17 country—

18 ‘‘(A) in which the goods are grown, produced, or manufactured;

19 or

20 ‘‘(B) from which the goods can only be, or most usually are,

21 first shipped for transportation.

22 ‘‘(b) EXCEPTION FOR VESSELS OF COUNTRIES NOT MAINTAINING SIMI23 LAR RESTRICTIONS.—Subsection (a) does not apply to a vessel of a foreign

24 country that does not maintain a similar restriction against United States

25 documented vessels.

26 ‘‘(c) EXCEPTION FOR VESSELS BECOMING DOCUMENTED.—Subsection

27 (a) does not apply to a vessel that—

28 ‘‘(1) is owned only by citizens of the United States; and

29 ‘‘(2) after entering a port of the United States, becomes documented

30 as a vessel of the United States before leaving that port.

31 ‘‘(d) SEIZURE AND FORFEITURE.—If goods are imported in violation of

32 this section, the goods and the vessel in which they are imported, along with

33 its equipment and other cargo, may be seized by and forfeited to the United

34 States Government.
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1 ‘‘§ 60502. Discriminating duty on goods imported in foreign

2 vessels or from contiguous countries

3 ‘‘(a) IMPOSITION OF DUTY.—A discriminating duty of 10 percent ad valo4 rem (in addition to other duties imposed by law) is imposed on goods—

5 ‘‘(1) imported in a vessel not of the United States unless the

6 vessel—

7 ‘‘(A) is entitled by law or treaty to enter the ports of the United

8 States on payment of the same duties as are payable on goods im9 ported in a vessel of the United States; or

10 ‘‘(B)(i) is owned only by citizens of the United States; and

11 ‘‘(ii) after entering a port of the United States, becomes docu12 mented as a vessel of the United States before leaving that port;

13 or

14 ‘‘(2) produced or manufactured in a foreign country not contiguous

15 to the United States and imported from a country contiguous to the

16 United States, unless imported in the usual course of strictly retail

17 trade.

18 ‘‘(b) SEIZURE AND FORFEITURE.—If goods are imported without pay19 ment of the duty required by this section, the goods and the vessel in which

20 they are imported may be seized by, and forfeited to, the United States Gov21 ernment.

22 ‘‘§ 60503. Reciprocal suspension of discriminating duties

23 ‘‘(a) GENERAL AUTHORITY.—On receiving satisfactory proof from the

24 government of a foreign country that it has suspended, in any part, the im25 position of discriminating duties for any class of vessels owned by citizens

26 of the United States or goods imported in those vessels, the President may

27 proclaim a reciprocal suspension of discriminating duties for the same class

28 of vessels owned by citizens of that country or goods imported in those ves29 sels.

30 ‘‘(b) EFFECTIVE AND EXPIRATION DATES.—A suspension under this sec31 tion takes effect retroactively from the date the President received the proof

32 from the foreign government, and expires when that government stops

33 granting the reciprocal suspension.

34 ‘‘§ 60504. Reciprocal privileges for recreational vessels

35 ‘‘When the President is satisfied that yachts owned by residents of the

36 United States and used only for pleasure are allowed to arrive at, depart

37 from, and cruise in the waters of a foreign port without entering, clearing,

38 or paying any duties or fees (including cruising license fees), the Secretary

39 of Homeland Security may allow yachts from that foreign port used only

40 for pleasure to arrive at and depart from the ports of the United States

41 and to cruise in the waters of the United States without paying any duties
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1 or fees. However, the Secretary may require foreign yachts to obtain a li2 cense to cruise in the waters of the United States. The license shall be in

3 the form prescribed by the Secretary and contain limitations about length

4 of time, direction, place of cruising and action, and other matters the Sec5 retary considers appropriate. The license shall be issued without cost to the

6 yacht.

7 ‘‘§ 60505. Retaliatory suspension of commercial privileges

8 ‘‘(a) GENERAL AUTHORITY.—The President may proclaim a suspension

9 of commercial privileges to vessels of a foreign country when—

10 ‘‘(1) vessels of that country have been given the same commercial

11 privileges in the ports and waters of the United States given to vessels

12 of the United States (except the privilege of engaging in coastwise com13 merce); and

14 ‘‘(2) vessels of the United States are denied commercial privileges in

15 the ports or waters of that country given to vessels of that country.

16 ‘‘(b) APPLICATION.—A suspension under this section shall apply to the

17 same commercial privileges denied to vessels of the United States in the

18 ports or waters of the foreign country, and to the same class of vessels of

19 that country as the class of vessels of the United States denied the privi20 leges.

21 ‘‘(c) EFFECTIVE DATE.—The President shall designate the effective date

22 of the suspension in the proclamation.

23 ‘‘(d) PENALTIES.—

24 ‘‘(1) SEIZURE AND FORFEITURE.—If the master, officer, or agent of

25 a vessel of a foreign country does an act for the vessel in the ports

26 or waters of the United States in violation of a proclamation issued

27 under this section, the vessel and the goods on the vessel may be seized

28 by, and forfeited to, the United States Government.

29 ‘‘(2) FINE OR IMPRISONMENT.—A person opposing an official of the

30 Government enforcing this section shall be fined under title 18, impris31 oned for not more than 2 years, or both.

32 ‘‘§ 60506. Retaliation against British dominions of North

33 America

34 ‘‘(a) GENERAL AUTHORITY.—The President by proclamation may pro35 hibit vessels of the British dominions of North America, their masters and

36 crews, and products of or coming from those dominions, from entering wa37 ters, ports, or places of the United States when the President is satisfied

38 that—

39 ‘‘(1) fishermen or fishing vessels of the United States in waters,

40 ports, or places of the British dominions of North America are being

41 or recently have been—
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1 ‘‘(A) denied rights provided by law or treaty;

2 ‘‘(B) subjected to unreasonable restrictions in the exercise of

3 those rights; or

4 ‘‘(C) otherwise harassed;

5 ‘‘(2) fishermen or fishing vessels of the United States, having a per6 mit under the laws of the United States to dock or trade at a port

7 or place in the British dominions of North America, are being or re8 cently have been—

9 ‘‘(A) denied the privilege of entering the port or place in the

10 same manner and under the same regulations applicable to trading

11 vessels of the most-favored-nation;

12 ‘‘(B) prevented from buying supplies allowed to be sold to trad13 ing vessels of the most-favored-nation; or

14 ‘‘(C) otherwise harassed; or

15 ‘‘(3) other vessels of the United States or their masters or crews in

16 waters, ports, or places of the British dominions of North America are

17 being or recently have been—

18 ‘‘(A) denied privileges given to vessels of the most-favored-na19 tion or their masters or crews; or

20 ‘‘(B) otherwise harassed.

21 ‘‘(b) COVERAGE AND EXCEPTIONS.—The President may apply a procla22 mation under this section to any of the subjects named, and may include

23 exceptions for vessels in distress or need of supplies. The President may

24 change, revoke, and renew the proclamation.

25 ‘‘(c) PENALTIES.—A person violating a proclamation issued under this

26 section shall be fined under title 18, imprisoned for not more than 2 years,

27 or both. A vessel or goods found in waters, ports, or places of the United

28 States in violation of the proclamation may be seized by, and forfeited to,

29 the United States Government.

30 ‘‘§ 60507. Suspension of free passage through Saint Marys

31 Falls Canal

32 ‘‘(a) PURPOSE.—The purpose of this section is to secure reciprocal ad33 vantages for the citizens, ports, and vessels of the United States.

34 ‘‘(b) GENERAL AUTHORITY.—When the President is satisfied that vessels

35 of the United States, or passengers or cargo being transported to a port

36 of the United States, are prohibited from passing through a canal or lock

37 connected with the navigation of the Saint Lawrence River, the Great

38 Lakes, or their connecting waterways, or burdened in that passage by tolls

39 or other means that are unreasonable in view of the free passage through

40 the Saint Marys Falls Canal allowed to vessels of all countries, the Presi41 dent by proclamation may suspend the right of free passage through the
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1 Saint Marys Falls Canal for vessels owned by subjects of the country impos2 ing the prohibition, tolls, or other burdens and for passengers and cargo

3 being transported to the ports of that country, even when carried in vessels

4 of the United States. The suspension shall apply to the extent and for the

5 time the President considers appropriate.

6 ‘‘(c) IMPOSITION OF TOLL.—

7 ‘‘(1) IN GENERAL.—During a suspension under this section, the

8 President shall impose a toll of not more than $2 per ton on cargo and

9 not more than $5 on each passenger.

10 ‘‘(2) EXCEPTIONS.—Notwithstanding paragraph (1), a toll may not

11 be imposed on passengers or cargo landed at Ogdensburg, New York,

12 or any port west of Ogdensburg and south of a line drawn from the

13 northern boundary of New York through the Saint Lawrence River, the

14 Great Lakes, and their connecting channels to the northern boundary

15 of Minnesota.

16 ‘‘(d) COLLECTION OF TOLL.—

17 ‘‘(1) IN GENERAL.—A toll imposed under this section shall be col18 lected under regulations prescribed by the Secretary of Homeland Secu19 rity. The Secretary may require the master of a vessel to provide a

20 sworn statement of the amount and kind of cargo, the number of pas21 sengers, and the destination of the passengers and cargo.

22 ‘‘(2) PROOF OF LANDING.—When applicable, the Secretary also may

23 require satisfactory proof that the passengers and cargo were landed

24 at a port described in subsection (c)(2). Until that proof is provided,

25 the Secretary may assume the passengers and cargo were not landed

26 at such a port, and the amount of a toll that otherwise would be im27 posed is a lien enforceable against the vessel when found in the waters

28 of the United States.’’.

29 SEC. 9. SUBTITLE VII OF TITLE 46.

30 Subtitle VII of title 46, United States Code, as redesignated by section

31 8(a) of this Act, is amended as follows:

32 (1) The subtitle heading and analysis are amended to read as fol33 lows:

34 ‘‘Subtitle VII—Security and Drug Enforcement

‘‘Chapter Sec.

‘‘701. Port Security ............................................................................................... 70101

‘‘703. Maritime Security ..................................................................................... 70301

‘‘705. Maritime Drug Law Enforcement ...................................................... 70501’’.

35 (2) Add after chapter 701 the following:

36 ‘‘CHAPTER 703—MARITIME SECURITY

‘‘Sec.

‘‘70301. Definitions.

‘‘70302. International measures for seaport and vessel security.

‘‘70303. Security standards at foreign ports.
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‘‘70304. Travel advisories on security at foreign ports.

‘‘70305. Suspension of passenger services.

‘‘70306. Report on terrorist threats.

1 ‘‘§ 70301. Definitions

2 ‘‘In this chapter:

3 ‘‘(1) COMMON CARRIER.—The term ‘common carrier’ has the mean4 ing given that term in section 40102 of this title.

5 ‘‘(2) PASSENGER VESSEL.—The term ‘passenger vessel’ has the

6 meaning given that term in section 2101 of this title.

7 ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of the

8 department in which the Coast Guard is operating.

9 ‘‘§ 70302. International measures for seaport and vessel se10 curity

11 ‘‘Congress encourages the President to continue to seek agreement on

12 international seaport and vessel security through the International Maritime

13 Organization. In developing an agreement, each member country of the

14 International Maritime Organization should consult with appropriate private

15 sector interests in that country. The agreement would establish seaport and

16 vessel security measures and could include—

17 ‘‘(1) seaport screening of cargo and baggage similar to that done at

18 airports;

19 ‘‘(2) security measures to restrict access to cargo, vessels, and dock20 side property to authorized personnel only;

21 ‘‘(3) additional security on board vessels;

22 ‘‘(4) licensing or certification of compliance with appropriate security

23 standards; and

24 ‘‘(5) other appropriate measures to prevent unlawful acts against

25 passengers and crews on vessels.

26 ‘‘§ 70303. Security standards at foreign ports

27 ‘‘(a) GENERAL REQUIREMENTS.—The Secretary shall develop and imple28 ment a plan to assess the effectiveness of the security measures maintained

29 at foreign ports that the Secretary, in consultation with the Secretary of

30 State, determines pose a high risk of acts of terrorism against passenger

31 vessels. In carrying out this subsection, the Secretary shall consult with the

32 Secretary of State about the terrorist threat that exists in each country and

33 poses a high risk of acts of terrorism against passenger vessels.

34 ‘‘(b) NOTICE AND RECOMMENDATIONS TO OTHER COUNTRIES.—If the

35 Secretary, after implementing the plan under subsection (a), determines

36 that a port does not maintain and administer effective security measures,

37 the Secretary of State (after being informed by the Secretary) shall—

38 ‘‘(1) notify the appropriate government authorities of the country in

39 which the port is located of the determination; and
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1 ‘‘(2) recommend steps necessary to bring the security measures at

2 that port up to the standard used by the Secretary in making the as3 sessment under subsection (a).

4 ‘‘(c) ANTITERRORISM ASSISTANCE.—The President is encouraged to pro5 vide antiterrorism assistance related to maritime security under chapter 8

6 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.)

7 to foreign countries, especially for a port that the Secretary determines

8 under subsection (b) does not maintain and administer effective security

9 measures.

10 ‘‘§ 70304. Travel advisories on security at foreign ports

11 ‘‘(a) GENERAL REQUIREMENTS.—On being notified by the Secretary that

12 the Secretary has determined that a condition exists that threatens the safe13 ty or security of passengers, passenger vessels, or crew traveling to or from

14 a foreign port that the Secretary has determined under section 70303(b) of

15 this title does not maintain and administer effective security measures, the

16 Secretary of State immediately shall issue a travel advisory for that port.

17 The Secretary of State shall take the necessary steps to widely publicize the

18 travel advisory.

19 ‘‘(b) LIFTING ADVISORIES.—A travel advisory issued under subsection (a)

20 may be lifted only if the Secretary, in consultation with the Secretary of

21 State, has determined that effective security measures are maintained and

22 administered at the port.

23 ‘‘(c) NOTICE TO CONGRESS.—The Secretary of State shall notify Con24 gress immediately of any change in the status of a travel advisory issued

25 under this section.

26 ‘‘§ 70305. Suspension of passenger services

27 ‘‘(a) GENERAL AUTHORITY.—Whenever the President determines that a

28 foreign nation permits the use of territory under its jurisdiction as a base

29 of operations or training for, or as a sanctuary for, or in any way arms,

30 aids, or abets, a terrorist or terrorist group that knowingly uses the illegal

31 seizure of passenger vessels or the threat thereof as an instrument of policy,

32 the President may suspend the right of any passenger vessel common car33 rier to operate to or from, and the right of any passenger vessel of the

34 United States to use, a port in that foreign nation for passenger service.

35 The suspension may be without notice or hearing and for as long as the

36 President determines is necessary to ensure the security of passenger vessels

37 against unlawful seizure.

38 ‘‘(b) PROHIBITION.—A passenger vessel common carrier, or a passenger

39 vessel of the United States, may not operate in violation of a suspension

40 under this section.

41 ‘‘(c) PENALTIES.—
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1 ‘‘(1) DENIAL OF ENTRY.—If a person operates a vessel in violation

2 of this section, the Secretary may deny the vessels of that person entry

3 to ports of the United States.

4 ‘‘(2) CIVIL PENALTY.—A person violating this section is liable to the

5 United States Government for a civil penalty of not more than

6 $50,000. Each day a vessel uses a prohibited port is a separate viola7 tion.

8 ‘‘§ 70306. Report on terrorist threats

9 ‘‘(a) CONTENT.—Not later than February 28 of each year, the Secretary

10 shall submit a report to Congress on the threat from acts of terrorism to

11 United States ports and vessels operating from those ports. The Secretary

12 shall include a description of activities undertaken under title I of the Mari13 time Transportation Security Act of 2002 (Public Law 107–295, 116 Stat.

14 2066) and an analysis of the effect of those activities on port security

15 against acts of terrorism.

16 ‘‘(b) SUBMISSION.—The report shall be submitted to the Committee on

17 International Relations and the Committee on Transportation and Infra18 structure of the House of Representatives and the Committee on Foreign

19 Relations and the Committee on Commerce, Science, and Transportation of

20 the Senate. Any classified information in the report shall be submitted sepa21 rately as an addendum.

22 ‘‘CHAPTER 705—MARITIME DRUG LAW ENFORCEMENT

‘‘Sec.

‘‘70501. Findings and declarations.

‘‘70502. Definitions.

‘‘70503. Manufacture, distribution, or possession of controlled substances on vessels.

‘‘70504. Jurisdiction and venue.

‘‘70505. Failure to comply with international law as a defense.

‘‘70506. Penalties.

‘‘70507. Forfeitures.

23 ‘‘§ 70501. Findings and declarations

24 ‘‘Congress finds and declares that trafficking in controlled substances

25 aboard vessels is a serious international problem, is universally condemned,

26 and presents a specific threat to the security and societal well-being of the

27 United States.

28 ‘‘§ 70502. Definitions

29 ‘‘(a) APPLICATION OF OTHER DEFINITIONS.—The definitions in section

30 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970

31 (21 U.S.C. 802) apply to this chapter.

32 ‘‘(b) VESSEL OF THE UNITED STATES.—In this chapter, the term ‘vessel

33 of the United States’ means—

34 ‘‘(1) a vessel documented under chapter 121 of this title or num35 bered as provided in chapter 123 of this title;
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1 ‘‘(2) a vessel owned in any part by an individual who is a citizen

2 of the United States, the United States Government, the government

3 of a State or political subdivision of a State, or a corporation incor4 porated under the laws of the United States or of a State, unless—

5 ‘‘(A) the vessel has been granted the nationality of a foreign na6 tion under article 5 of the 1958 Convention on the High Seas; and

7 ‘‘(B) a claim of nationality or registry for the vessel is made

8 by the master or individual in charge at the time of the enforce9 ment action by an officer or employee of the United States who

10 is authorized to enforce applicable provisions of United States law;

11 and

12 ‘‘(3) a vessel that was once documented under the laws of the United

13 States and, in violation of the laws of the United States, was sold to

14 a person not a citizen of the United States or placed under foreign reg15 istry or a foreign flag, whether or not the vessel has been granted the

16 nationality of a foreign nation.

17 ‘‘(c) VESSEL SUBJECT TO THE JURISDICTION OF THE UNITED

18 STATES.—

19 ‘‘(1) IN GENERAL.—In this chapter, the term ‘vessel subject to the

20 jurisdiction of the United States’ includes—

21 ‘‘(A) a vessel without nationality;

22 ‘‘(B) a vessel assimilated to a vessel without nationality under

23 paragraph (2) of article 6 of the 1958 Convention on the High

24 Seas;

25 ‘‘(C) a vessel registered in a foreign nation if the flag nation

26 has consented or waived objection to the enforcement of United

27 States law by the United States;

28 ‘‘(D) a vessel in the customs waters of the United States;

29 ‘‘(E) a vessel in the territorial waters of a foreign nation if the

30 nation consents to the enforcement of United States law by the

31 United States; and

32 ‘‘(F) a vessel in the contiguous zone of the United States, as

33 defined in Presidential Proclamation 7219 of September 2, 1999

34 (43 U.S.C. 1331 note), that—

35 ‘‘(i) is entering the United States;

36 ‘‘(ii) has departed the United States; or

37 ‘‘(iii) is a hovering vessel as defined in section 401 of the

38 Tariff Act of 1930 (19 U.S.C. 1401).

39 ‘‘(2) CONSENT OR WAIVER OF OBJECTION.—Consent or waiver of ob40 jection by a foreign nation to the enforcement of United States law by

41 the United States under paragraph (1)(C) or (E)—
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1 ‘‘(A) may be obtained by radio, telephone, or similar oral or

2 electronic means; and

3 ‘‘(B) is proved conclusively by certification of the Secretary of

4 State or the Secretary’s designee.

5 ‘‘(d) VESSEL WITHOUT NATIONALITY.—

6 ‘‘(1) IN GENERAL.—In this chapter, the term ‘vessel without nation7 ality’ includes—

8 ‘‘(A) a vessel aboard which the master or individual in charge

9 makes a claim of registry that is denied by the flag nation whose

10 registry is claimed;

11 ‘‘(B) a vessel aboard which the master or individual in charge

12 fails, on request of an officer of the United States authorized to

13 enforce applicable provisions of United States law, to make a claim

14 of nationality or registry for that vessel; and

15 ‘‘(C) a vessel aboard which the master or individual in charge

16 makes a claim of registry and for which the claimed nation of reg17 istry does not affirmatively and unequivocally assert that the ves18 sel is of its nationality.

19 ‘‘(2) CLAIM OF REGISTRY.—A claim of registry under paragraph

20 (1)(A) or (C) may be verified or denied by radio, telephone, or similar

21 oral or electronic means. The denial of such a claim by the claimed flag

22 nation is proved conclusively by certification of the Secretary of State

23 or the Secretary’s designee.

24 ‘‘(e) CLAIM OF NATIONALITY OR REGISTRY.—A claim of nationality or

25 registry under this section includes only—

26 ‘‘(1) possession on board the vessel and production of documents evi27 dencing the vessel’s nationality as provided in article 5 of the 1958

28 Convention on the High Seas;

29 ‘‘(2) flying its flag nation’s ensign or flag; or

30 ‘‘(3) a verbal claim of nationality or registry by the master or indi31 vidual in charge of the vessel.

32 ‘‘§ 70503. Manufacture, distribution, or possession of con33 trolled substances on vessels

34 ‘‘(a) PROHIBITIONS.—An individual may not knowingly or intentionally

35 manufacture or distribute, or possess with intent to manufacture or dis36 tribute, a controlled substance on board—

37 ‘‘(1) a vessel of the United States or a vessel subject to the jurisdic38 tion of the United States; or

39 ‘‘(2) any vessel if the individual is a citizen of the United States or

40 a resident alien of the United States.
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1 ‘‘(b) EXTENSION BEYOND TERRITORIAL JURISDICTION.—Subsection (a)

2 applies even though the act is committed outside the territorial jurisdiction

3 of the United States.

4 ‘‘(c) NONAPPLICATION.—

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), subsection (a) does

6 not apply to—

7 ‘‘(A) a common or contract carrier or an employee of the carrier

8 who possesses or distributes a controlled substance in the lawful

9 and usual course of the carrier’s business; or

10 ‘‘(B) a public vessel of the United States or an individual on

11 board the vessel who possesses or distributes a controlled sub12 stance in the lawful course of the individual’s duties.

13 ‘‘(2) ENTERED IN MANIFEST.—Paragraph (1) applies only if the

14 controlled substance is part of the cargo entered in the vessel’s mani15 fest and is intended to be imported lawfully into the country of destina16 tion for scientific, medical, or other lawful purposes.

17 ‘‘(d) BURDEN OF PROOF.—The United States Government is not re18 quired to negative a defense provided by subsection (c) in a complaint, in19 formation, indictment, or other pleading or in a trial or other proceeding.

20 The burden of going forward with the evidence supporting the defense is

21 on the person claiming its benefit.

22 ‘‘§ 70504. Jurisdiction and venue

23 ‘‘(a) JURISDICTION.—Jurisdiction of the United States with respect to a

24 vessel subject to this chapter is not an element of an offense. Jurisdictional

25 issues arising under this chapter are preliminary questions of law to be de26 termined solely by the trial judge.

27 ‘‘(b) VENUE.—A person violating section 70503 of this title shall be tried

28 in the district court of the United States for—

29 ‘‘(1) the district at which the person enters the United States; or

30 ‘‘(2) the District of Columbia.

31 ‘‘§ 70505. Failure to comply with international law as a de32 fense

33 ‘‘A person charged with violating section 70503 of this title does not have

34 standing to raise a claim of failure to comply with international law as a

35 basis for a defense. A claim of failure to comply with international law in

36 the enforcement of this chapter may be made only by a foreign nation. A

37 failure to comply with international law does not divest a court of jurisdic38 tion and is not a defense to a proceeding under this chapter.

39 ‘‘§ 70506. Penalties

40 ‘‘(a) VIOLATIONS.—A person violating section 70503 of this title shall be

41 punished as provided in section 1010 of the Comprehensive Drug Abuse
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1 Prevention and Control Act of 1970 (21 U.S.C. 960). However, if the of2 fense is a second or subsequent offense as provided in section 1012(b) of

3 that Act (21 U.S.C. 962(b)), the person shall be punished as provided in

4 section 1012 of that Act (21 U.S.C. 962).

5 ‘‘(b) ATTEMPTS AND CONSPIRACIES.—A person attempting or conspiring

6 to violate section 70503 of this title is subject to the same penalties as pro7 vided for violating section 70503.

8 ‘‘§ 70507. Forfeitures

9 ‘‘(a) IN GENERAL.—Property described in section 511(a) of the Com10 prehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.

11 881(a)) that is used or intended for use to commit, or to facilitate the com12 mission of, an offense under section 70503 of this title may be seized and

13 forfeited in the same manner that similar property may be seized and for14 feited under section 511 of that Act (21 U.S.C. 881).

15 ‘‘(b) PRIMA FACIE EVIDENCE OF VIOLATION.—Practices commonly rec16 ognized as smuggling tactics may provide prima facie evidence of intent to

17 use a vessel to commit, or to facilitate the commission of, an offense under

18 section 70503 of this title, and may support seizure and forfeiture of the

19 vessel, even in the absence of controlled substances aboard the vessel. The

20 following indicia, among others, may be considered, in the totality of the

21 circumstances, to be prima facie evidence that a vessel is intended to be

22 used to commit, or to facilitate the commission of, such an offense:

23 ‘‘(1) The construction or adaptation of the vessel in a manner that

24 facilitates smuggling, including—

25 ‘‘(A) the configuration of the vessel to ride low in the water or

26 present a low hull profile to avoid being detected visually or by

27 radar;

28 ‘‘(B) the presence of any compartment or equipment that is

29 built or fitted out for smuggling, not including items such as a

30 safe or lock-box reasonably used for the storage of personal

31 valuables;

32 ‘‘(C) the presence of an auxiliary tank not installed in accord33 ance with applicable law or installed in such a manner as to en34 hance the vessel’s smuggling capability;

35 ‘‘(D) the presence of engines that are excessively over-powered

36 in relation to the design and size of the vessel;

37 ‘‘(E) the presence of materials used to reduce or alter the heat

38 or radar signature of the vessel and avoid detection;

39 ‘‘(F) the presence of a camouflaging paint scheme, or of mate40 rials used to camouflage the vessel, to avoid detection; or
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1 ‘‘(G) the display of false vessel registration numbers, false indi2 cia of vessel nationality, false vessel name, or false vessel home3 port.

4 ‘‘(2) The presence or absence of equipment, personnel, or cargo in5 consistent with the type or declared purpose of the vessel.

6 ‘‘(3) The presence of excessive fuel, lube oil, food, water, or spare

7 parts, inconsistent with legitimate vessel operation, inconsistent with

8 the construction or equipment of the vessel, or inconsistent with the

9 character of the vessel’s stated purpose.

10 ‘‘(4) The operation of the vessel without lights during times lights

11 are required to be displayed under applicable law or regulation and in

12 a manner of navigation consistent with smuggling tactics used to avoid

13 detection by law enforcement authorities.

14 ‘‘(5) The failure of the vessel to stop or respond or heave to when

15 hailed by government authority, especially where the vessel conducts

16 evasive maneuvering when hailed.

17 ‘‘(6) The declaration to government authority of apparently false in18 formation about the vessel, crew, or voyage or the failure to identify

19 the vessel by name or country of registration when requested to do so

20 by government authority.

21 ‘‘(7) The presence of controlled substance residue on the vessel, on

22 an item aboard the vessel, or on an individual aboard the vessel, of a

23 quantity or other nature that reasonably indicates manufacturing or

24 distribution activity.

25 ‘‘(8) The use of petroleum products or other substances on the vessel

26 to foil the detection of controlled substance residue.

27 ‘‘(9) The presence of a controlled substance in the water in the vicin28 ity of the vessel, where given the currents, weather conditions, and

29 course and speed of the vessel, the quantity or other nature is such

30 that it reasonably indicates manufacturing or distribution activity.’’.

31 SEC. 10. SUBTITLE VIII OF TITLE 46.

32 Title 46, United States Code, is amended by adding after subtitle VII the

33 following:

34 ‘‘Subtitle VIII—Miscellaneous

‘‘Chapter Sec.

‘‘801. Wrecks and Salvage ................................................................................. 80101

‘‘803. Ice and Derelicts ....................................................................................... 80301

‘‘805. Safe Containers for International Cargo ......................................... 80501

35 ‘‘CHAPTER 801—WRECKS AND SALVAGE

‘‘Sec.

‘‘80101. Vessel stranded on foreign coast.

‘‘80102. License to salvage on Florida coast.

‘‘80103. Property on Florida coast to be taken to port of entry.

‘‘80104. Salvaging operations by foreign vessels.
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‘‘80105. Canadian vessels aiding vessels in United States waters.

‘‘80106. International agreement on derelicts.

‘‘80107. Salvors of life to share in remuneration.

1 ‘‘§ 80101. Vessel stranded on foreign coast

2 ‘‘(a) DUTIES OF CONSULAR OFFICER.—When a vessel of the United

3 States is stranded on a coast of a foreign country, the consular officer in

4 that country shall take proper measures, to the extent the laws of that coun5 try allow, to—

6 ‘‘(1) save and secure the vessel and property on the vessel; and

7 ‘‘(2) prepare an inventory of the property that is saved.

8 ‘‘(b) DELIVERY TO OWNER.—After deducting the expenses, the consular

9 officer shall deliver the property, with an inventory, to the owner of the

10 property.

11 ‘‘(c) LIMITATION ON TAKING POSSESSION.—A consular officer may not

12 take possession of property under this section when the owner, master, or

13 consignee is present or able to take possession of the property.

14 ‘‘§ 80102. License to salvage on Florida coast

15 ‘‘(a) LICENSING REQUIREMENTS.—To be regularly employed in the busi16 ness of salvaging on the coast of Florida, a vessel and its master each must

17 have a license issued by a judge of the district court of the United States

18 for a judicial district of Florida.

19 ‘‘(b) JUDICIAL FINDINGS.—Before issuing a license under this section,

20 the judge must be satisfied, when the license is for—

21 ‘‘(1) a vessel, that the vessel is seaworthy and properly equipped for

22 the business of saving property shipwrecked and in distress; or

23 ‘‘(2) a master, that the master is trustworthy and innocent of any

24 fraud or misconduct related to property shipwrecked or saved on the

25 coast.

26 ‘‘§ 80103. Property on Florida coast to be taken to port of

27 entry

28 ‘‘(a) IN GENERAL.—Property taken from a wreck, the sea, or a key or

29 shoal, on the coast of Florida and within the jurisdiction of the United

30 States, shall be brought to a port of entry of the United States.

31 ‘‘(b) SEIZURE AND FORFEITURE.—A vessel transporting property de32 scribed in subsection (a) to a foreign port may be seized by, and forfeited

33 to, the United States Government. A forfeiture under this subsection ac34 crues half to the informer and half to the Government.

35 ‘‘§ 80104. Salvaging operations by foreign vessels

36 ‘‘(a) PROHIBITION.—Except as provided in this section or section 80105

37 of this title, a foreign vessel may not, under penalty of forfeiture, engage

38 in salvaging operations on the Atlantic or Pacific coast of the United States,

39 in any portion of the Great Lakes or their connecting or tributary waters,
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1 including any portion of the Saint Lawrence River through which the inter2 national boundary line extends, or in territorial waters of the United States

3 on the Gulf of Mexico.

4 ‘‘(b) WHEN SUITABLE VESSEL NOT AVAILABLE.—The Secretary of

5 Homeland Security may authorize a foreign vessel to engage in salvaging

6 operations in a particular locality if, on investigation, the Secretary is satis7 fied that there is not available in that locality a suitable vessel that is—

8 ‘‘(1) owned only by citizens of the United States (including a

9 Bowaters corporation under section 12118 of this title); and

10 ‘‘(2) documented under chapter 121 of this title or numbered under

11 chapter 123 of this title.

12 ‘‘(c) OPERATIONS AUTHORIZED BY TREATY.—This section does not pro13 hibit or restrict assistance to vessels or salvaging operations authorized by

14 treaty, including—

15 ‘‘(1) article II of the Treaty between the United States and Great

16 Britain concerning reciprocal rights for United States and Canada in

17 the conveyance of prisoners and wrecking and salvage, signed at Wash18 ington, May 18, 1908 (35 Stat. 2036); or

19 ‘‘(2) the Treaty between the United States of America and Mexico

20 to facilitate assistance to and salvage of vessels in territorial waters,

21 signed at Mexico City, June 13, 1935 (49 Stat. 3359).

22 ‘‘§ 80105. Canadian vessels aiding vessels in United States

23 waters

24 ‘‘(a) IN GENERAL.—Canadian vessels and wrecking equipment may give

25 aid to Canadian or other vessels and property wrecked, disabled, or in dis26 tress in the waters of the United States contiguous to Canada, including—

27 ‘‘(1) the canal and improvement of the waters between Lake Erie

28 and Lake Huron; and

29 ‘‘(2) the Saint Marys River and canal.

30 ‘‘(b) RECIPROCITY.—This section does not apply after the President pro31 claims that privileges reciprocal to those under subsection (a) have been

32 withdrawn or rendered inoperative by the Government of Canada.

33 ‘‘§ 80106. International agreement on derelicts

34 ‘‘The President may make an international agreement with other govern35 ments interested in the navigation of the North Atlantic Ocean, providing

36 for the reporting, marking, and removal of dangerous wrecks, derelicts, and

37 other menaces to navigation outside the coast waters of the countries bor38 dering the North Atlantic Ocean.

39 ‘‘§ 80107. Salvors of life to share in remuneration

40 ‘‘(a) ENTITLEMENT OF SALVORS.—A salvor of human life, who gave aid

41 following an accident giving rise to salvage, is entitled to a fair share of
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1 the payment awarded to the salvor for salvaging the vessel or other property

2 or preventing or minimizing damage to the environment.

3 ‘‘(b) COMMON OWNERSHIP OF VESSELS.—The right to remuneration for

4 aid or salvage services is not affected by common ownership of the vessels

5 giving and receiving the aid or salvage services.

6 ‘‘(c) TIME LIMIT ON BRINGING ACTIONS.—A civil action to recover remu7 neration for giving aid or salvage services must be brought within 2 years

8 after the date the aid or salvage services were given, unless the court in

9 which the action is brought is satisfied that during that 2-year period there

10 had not been a reasonable opportunity to seize the aided or salvaged vessel

11 within the jurisdiction of the court or within the territorial waters of the

12 country of the plaintiff’s residence or principal place of business.

13 ‘‘(d) NONAPPLICATION.—This section does not apply to a vessel of war

14 or a vessel owned by the United States Government appropriated only to

15 a public service.

16 ‘‘CHAPTER 803—ICE AND DERELICTS

‘‘Sec.

‘‘80301. International agreements.

‘‘80302. Patrol services.

‘‘80303. Speed of vessel in ice region.

17 ‘‘§ 80301. International agreements

18 ‘‘(a) GENERAL AUTHORITY.—The President may make agreements with

19 interested maritime countries to—

20 ‘‘(1) maintain in the North Atlantic Ocean a service of ice patrol,

21 of study and observation of ice and current conditions, and of assist22 ance to vessels and their crews requiring assistance within the limits

23 of the patrol;

24 ‘‘(2) maintain a service of study and observation of ice and current

25 conditions in the waters affecting the set and drift of ice in the North

26 Atlantic Ocean; and

27 ‘‘(3) take all practicable steps to ensure the destruction or removal

28 of derelicts in the northern part of the Atlantic Ocean, east of the line

29 drawn from Cape Sable to a point in latitude 34 degrees north, lon30 gitude 70 degrees west, if the destruction or removal is necessary.

31 ‘‘(b) PAYMENT BETWEEN COUNTRIES.—The President may include in an

32 agreement under subsection (a) a provision for—

33 ‘‘(1) payment to the United States Government by other countries

34 for their proportionate share of the expense of maintaining the services;

35 or

36 ‘‘(2) contribution by the Government for its proportionate share if

37 the agreement provides for another country to maintain the services.
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1 ‘‘§ 80302. Patrol services

2 ‘‘(a) GENERAL REQUIREMENTS.—Unless the agreements made under sec3 tion 80301 of this title provide otherwise, an ice patrol shall be maintained

4 during the entire ice season in guarding the southeastern, southern, and

5 southwestern limits of the region of icebergs in the vicinity of the Grand

6 Banks of Newfoundland. The patrol shall inform trans-Atlantic and other

7 passing vessels by radio and other available means of the ice conditions and

8 the extent of the dangerous region. During the ice season, there shall be

9 maintained a service of study of ice and current conditions, a service of pro10 viding assistance to vessels and crews requiring assistance, and a service of

11 removing and destroying derelicts. Any of these services may be maintained

12 during the remainder of the year as may be advisable.

13 ‘‘(b) WARNINGS TO VESSELS.—An ice patrol vessel shall warn any vessel

14 known to be approaching a dangerous area and recommend safe routes.

15 ‘‘(c) RECORDING AND REPORTING INCIDENTS.—

16 ‘‘(1) RECORDING.—An ice patrol vessel shall record the name of a

17 vessel and the facts of the case when the patrol observes or knows that

18 the vessel—

19 ‘‘(A) is on other than a regular recognized or advertised route

20 crossing the North Atlantic Ocean;

21 ‘‘(B) has crossed the fishing banks of Newfoundland north of

22 latitude 43 degrees north during the fishing season; or

23 ‘‘(C) has passed through regions known or believed to be endan24 gered by ice when proceeding to and from ports of North America.

25 ‘‘(2) REPORTING.—The name of the vessel and all pertinent informa26 tion about the incident shall be reported to the government of the coun27 try to which the vessel belongs if that government requests.

28 ‘‘(d) ADMINISTRATION.—The Commandant of the Coast Guard, under

29 the direction of the Secretary of the department in which the Coast Guard

30 is operating, shall carry out the services provided for in this section and

31 shall assign necessary vessels, material, and personnel of the Coast Guard.

32 On request of such Secretary, the head of an agency may detail personnel,

33 lend or contribute material or equipment, or otherwise assist in carrying out

34 the services provided for in this section.

35 ‘‘(e) ANNUAL REPORT.—The Commandant shall publish an annual report

36 of the activities of the services provided for in this section. A copy of the

37 report shall be provided to each interested foreign government and to each

38 agency assisting in the work.
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1 ‘‘§ 80303. Speed of vessel in ice region

2 ‘‘(a) REQUIREMENT.—The master of a vessel of the United States, when

3 ice is reported on or near the vessel’s course, shall proceed at a moderate

4 speed or change the course of the vessel to go well clear of the danger zone.

5 ‘‘(b) CIVIL PENALTY.—A master violating this section is liable to the

6 United States Government for a civil penalty of not more than $500.

7 ‘‘CHAPTER 805—SAFE CONTAINERS FOR

8 INTERNATIONAL CARGO

‘‘Sec.

‘‘80501. Definitions.

‘‘80502. Application of Convention.

‘‘80503. General authority of the Secretary.

‘‘80504. Approval and examination.

‘‘80505. Enforcement.

‘‘80506. Delegation of authority.

‘‘80507. Employee protection.

‘‘80508. Amendments to Convention.

‘‘80509. Civil penalty.

9 ‘‘§ 80501. Definitions

10 ‘‘In this chapter:

11 ‘‘(1) CONTAINER.—The term ‘container’ has the meaning given that

12 term in the Convention.

13 ‘‘(2) CONVENTION.—The term ‘Convention’ means the International

14 Convention for Safe Containers, and its annexes, done at Geneva, Swit15 zerland, December 2, 1972.

16 ‘‘(3) INTERNATIONAL TRANSPORT.—The term ‘international trans17 port’ means the transportation of a container between—

18 ‘‘(A) a place in a foreign country and a place in the jurisdiction

19 of the United States; or

20 ‘‘(B) two places outside the United States by United States car21 riers.

22 ‘‘(4) OWNER.—The term ‘owner’ includes the lessee or bailee of a

23 container if a written lease or bailment provides for the lessee or bailee

24 to exercise the owner’s responsibility for maintaining and examining

25 the container.

26 ‘‘(5) SAFETY APPROVAL PLATE.—The term ‘safety approval plate’

27 has the meaning given that term in annex I of the Convention.

28 ‘‘§ 80502. Application of Convention

29 ‘‘The Convention applies to an owner of a container used in international

30 transport if the owner is domiciled or has its principal office in the United

31 States.

32 ‘‘§ 80503. General authority of the Secretary

33 ‘‘(a) IN GENERAL.—The Secretary of the department in which the Coast

34 Guard is operating shall carry out the Convention and this chapter in the

35 United States.
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1 ‘‘(b) REGULATIONS.—The Secretary shall prescribe regulations to carry

2 out this chapter. The regulations shall—

3 ‘‘(1) establish procedures for testing, inspecting, and initially approv4 ing containers and designs for containers, including procedures for at5 taching, invalidating, and removing safety approval plates for con6 tainers;

7 ‘‘(2) establish procedures to be followed by the owners of containers

8 for the periodic examination of containers as provided in the Conven9 tion; and

10 ‘‘(3) provide a method for developing, collecting, and disseminating

11 information about container safety and the international transport of

12 containers.

13 ‘‘(c) SAFETY APPROVAL PLATES.—If the owner of a container without a

14 safety approval plate establishes that the container satisfies the standards

15 of the Convention, the Secretary may authorize a safety approval plate to

16 be attached to the container.

17 ‘‘(d) SCHEDULE OF FEES.—The Secretary may prescribe a schedule of

18 fees for services performed by the Secretary, or by a person delegated au19 thority under section 80506 of this title, for the testing, inspection, and ini20 tial approval of containers and container designs.

21 ‘‘(e) ENCOURAGING INTERMODAL TRANSPORT.—To the maximum extent

22 possible, the Secretary shall encourage the development and use of inter23 modal transport, using containers built to facilitate economical, safe, and

24 expeditious handling of containerized cargo without intermediate reloading

25 when it is being transported over land, air, and sea areas.

26 ‘‘§ 80504. Approval and examination

27 ‘‘(a) DOMICILE AND PRINCIPAL OFFICE IN UNITED STATES.—A con28 tainer owner domiciled and having its principal office in the United States

29 shall have the container—

30 ‘‘(1) approved initially under procedures prescribed by the Secretary

31 of the department in which the Coast Guard is operating or by the gov32 ernment of another country that is a party to the Convention; and

33 ‘‘(2) examined periodically as provided in the Convention under pro34 cedures prescribed by the Secretary.

35 ‘‘(b) DOMICILE OR PRINCIPAL OFFICE IN UNITED STATES.—A container

36 owner domiciled or having its principal office in the United States shall have

37 the container—

38 ‘‘(1) approved initially under procedures prescribed by the Secretary

39 or by the government of another country that is a party to the Conven40 tion; and
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1 ‘‘(2) examined periodically as provided in the Convention, under pro2 cedures prescribed by the government of the country in which the

3 owner is domiciled or has its principal office, as long as that country

4 is a party to the Convention.

5 ‘‘(c) NEITHER DOMICILE NOR PRINCIPAL OFFICE IN UNITED STATES.—

6 A container owner neither domiciled nor having its principal office in the

7 United States or another country that is a party to the Convention may

8 submit a container for initial approval and periodic examination under pro9 cedures prescribed by the Secretary.

10 ‘‘§ 80505. Enforcement

11 ‘‘(a) IN GENERAL.—To enforce the Convention, this chapter, and regula12 tions prescribed under this chapter, the Secretary of the department in

13 which the Coast Guard is operating may—

14 ‘‘(1) examine, or require to be examined, containers in international

15 transport;

16 ‘‘(2) approve designs for containers;

17 ‘‘(3) inspect and test containers being manufactured;

18 ‘‘(4) issue a detention order removing or excluding a container from

19 service until the container owner satisfies the Secretary that the con20 tainer meets the standards of the Convention, if the container—

21 ‘‘(A) does not have a safety approval plate attached to it; or

22 ‘‘(B) has a safety approval plate attached but there is signifi23 cant evidence that the container is in a condition that creates an

24 obvious risk to safety;

25 ‘‘(5) take other appropriate action, including issuing necessary or26 ders, to remove a container from service or restrict its use if the con27 tainer is not in compliance with the Convention, this chapter, or regula28 tions prescribed under this chapter, but does not present an obvious

29 risk to safety; and

30 ‘‘(6) allow a container found to be unsafe or without a safety ap31 proval plate to be moved to another location for repair or other disposi32 tion, under restrictions consistent with the intent of the Convention.

33 ‘‘(b) PAYMENT OF EXPENSES.—

34 ‘‘(1) EXAMINATION.—The owner of a container involved in an action

35 by the Secretary under this section related to an examination of the

36 container shall pay or reimburse the Secretary for the expenses arising

37 from that action, except for the costs of routine examinations of the

38 container or a safety approval plate.

39 ‘‘(2) TESTING, INSPECTION, AND INITIAL APPROVAL.—The owner of

40 a container submitted to the procedure established by the Secretary for

41 testing, inspection, and initial approval, and the manufacturer of a con-
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1 tainer that submits a design to the procedure established by the Sec2 retary for testing, inspection, and initial approval, shall pay or reim3 burse the Secretary for the expenses arising from the testing, inspec4 tion, or approval.

5 ‘‘(3) CREDIT TO APPROPRIATION.—Amounts received by the Sec6 retary as reimbursement shall be credited to the appropriation for oper7 ating expenses of the Coast Guard.

8 ‘‘(c) PRESUMPTION BASED ON SAFETY APPROVAL PLATE.—A container

9 bearing a safety approval plate authorized by a country that is a party to

10 the Convention is presumed to be in a safe condition unless there is signifi11 cant evidence that the container is in a condition that creates an obvious

12 risk to safety.

13 ‘‘(d) NOTICE OF ORDERS.—

14 ‘‘(1) IN GENERAL.—When the Secretary issues a detention or other

15 order under this section, the Secretary promptly shall notify in

16 writing—

17 ‘‘(A) the owner of the container;

18 ‘‘(B) the owner’s agent; or

19 ‘‘(C) if the identity of the owner is not apparent from the con20 tainer or shipping documents, the custodian.

21 ‘‘(2) INFORMATION TO INCLUDE.—The notification shall identify the

22 container involved, give the location of the container, and describe the

23 condition or situation giving rise to the order.

24 ‘‘(e) DURATION OF ORDERS.—An order issued by the Secretary under

25 this section remains in effect until—

26 ‘‘(1) the Secretary declares the container to be in compliance with

27 the standards of the Convention; or

28 ‘‘(2) the container is removed permanently from service.

29 ‘‘(f) NOTICE OF DEFECTIVE CONTAINER TO COUNTRY ISSUING SAFETY

30 APPROVAL PLATE.—If the Secretary has reason to believe that a container

31 bearing a safety approval plate issued by another country was defective at

32 the time of approval, the Secretary shall notify that country.

33 ‘‘§ 80506. Delegation of authority

34 ‘‘(a) IN GENERAL.—The Secretary of the department in which the Coast

35 Guard is operating may delegate to any person, including a public or private

36 agency or nonprofit organization, authority to grant initial approval for con37 tainers and designs and to attach safety approval plates.

38 ‘‘(b) REGULATIONS.—Before making a delegation under this section, the

39 Secretary shall prescribe regulations establishing—

40 ‘‘(1) criteria to be followed in selecting a person to whom authority

41 is to be delegated;
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1 ‘‘(2) a detailed description of the duties and powers to be carried out

2 by the person to whom authority is delegated, including the records the

3 person shall keep; and

4 ‘‘(3) the review the Secretary will conduct to decide whether the per5 son is carrying out the delegated duties and powers properly.

6 ‘‘(c) INSPECTION OF RECORDS.—A person delegated authority under this

7 section shall make available to the Secretary for inspection, on request,

8 records the person is required to keep.

9 ‘‘(d) PENALTIES AND ORDERS.—A person delegated authority under this

10 section may not—

11 ‘‘(1) assess or collect, or attempt to assess or collect, a penalty for

12 violation of the Convention, this chapter, or an order issued by the Sec13 retary under this chapter; or

14 ‘‘(2) issue or attempt to issue a detention or other order.

15 ‘‘(e) PUBLICATION.—The Secretary shall publish in the Federal Register

16 or other appropriate publication—

17 ‘‘(1) the name and address of each person to whom authority is dele18 gated;

19 ‘‘(2) the duties and powers delegated; and

20 ‘‘(3) the period of the delegation.

21 ‘‘(f) REVOCATION.—The Secretary may revoke a delegation of authority

22 under this section at any time.

23 ‘‘§ 80507. Employee protection

24 ‘‘(a) PROHIBITION.—A person may not discharge or discriminate against

25 an employee because the employee has reported the existence of an unsafe

26 container or a violation of this chapter or a regulation prescribed under this

27 chapter.

28 ‘‘(b) COMPLAINTS.—An employee alleging to have been discharged or dis29 criminated against in violation of subsection (a) may file a complaint with

30 the Secretary of Labor. The complaint must be filed within 60 days after

31 the violation.

32 ‘‘(c) ENFORCEMENT.—The Secretary of Labor may investigate the com33 plaint. If the Secretary of Labor finds there has been a violation, the Sec34 retary of Labor may bring a civil action in an appropriate district court of

35 the United States. The court has jurisdiction to restrain violations of sub36 section (a) and order appropriate relief, including reinstatement of the em37 ployee to the employee’s former position with back pay.

38 ‘‘(d) NOTICE TO COMPLAINANT.—Within 30 days after receiving a com39 plaint under this section, the Secretary of Labor shall notify the complain40 ant of the intended action on the complaint.
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1 ‘‘§ 80508. Amendments to Convention

2 ‘‘(a) PROPOSALS BY UNITED STATES GOVERNMENT.—The Secretary of

3 State, with the concurrence of the Secretary of the department in which the

4 Coast Guard is operating, may propose amendments to the Convention or

5 request a conference for amending the Convention as provided in article IX

6 of the Convention.

7 ‘‘(b) PROPOSALS BY OTHER COUNTRIES.—An amendment communicated

8 to the United States Government under article IX(2) of the Convention may

9 be accepted for the Government by the President, with the advice and con10 sent of the Senate. The President may declare that the Government does

11 not accept an amendment.

12 ‘‘(c) AMENDMENTS TO ANNEXES.—

13 ‘‘(1) IN GENERAL.—The Secretary of State, with the concurrence of

14 the Secretary of the department in which the Coast Guard is

15 operating—

16 ‘‘(A) may propose amendments to the annexes to the Conven17 tion;

18 ‘‘(B) may propose a conference for amending annexes to the

19 Convention; and

20 ‘‘(C) shall consider and act on amendments to the annexes to

21 the Convention adopted by the Maritime Safety Committee of the

22 International Maritime Organization and communicated to the

23 Government under article X(2) of the Convention.

24 ‘‘(2) ACTION FOLLOWING APPROVAL OR OBJECTION.—If a proposed

25 amendment to an annex is approved by the Government, the amend26 ment shall enter into force as provided in article X of the Convention.

27 If a proposed amendment is objected to, the Secretary of State prompt28 ly shall communicate the objection as provided in article X(3) of the

29 Convention.

30 ‘‘(d) APPOINTMENT OF ARBITRATOR.—The Secretary of State, with the

31 concurrence of the Secretary of the department in which the Coast Guard

32 is operating, shall appoint an arbitrator when one is required to resolve a

33 dispute within the meaning of article XIII of the Convention.

34 ‘‘§ 80509. Civil penalty

35 ‘‘(a) IN GENERAL.—An owner, agent, or custodian who has been notified

36 of an order issued under section 80505 of this title and fails to take reason37 able and prompt action to prevent or stop a container subject to the order

38 from being moved in violation of the order is liable to the United States

39 Government for a civil penalty of not more than $5,000 for each container

40 moved. Each day the container remains in service while the order is in effect

41 is a separate violation.
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1 ‘‘(b) ASSESSMENT AND COLLECTION.—

2 ‘‘(1) IN GENERAL.—After notice and an opportunity for a hearing,

3 the Secretary of the department in which the Coast Guard is operating

4 shall assess and collect any penalty under this section.

5 ‘‘(2) FACTORS TO CONSIDER.—In determining the amount of the

6 penalty, the Secretary shall consider the gravity of the violation, the

7 hazards involved, and the record of the person charged with respect to

8 violations of the Convention, this chapter, or regulations prescribed

9 under this chapter.

10 ‘‘(3) REMISSION, MITIGATION, OR COMPROMISE.—The Secretary may

11 remit, mitigate, or compromise a penalty under this section.

12 ‘‘(4) ENFORCEMENT.—If a person fails to pay a penalty under this

13 section, the Secretary shall refer the matter to the Attorney General

14 for collection in an appropriate district court of the United States.’’.

15 SEC. 11. MARITIME ADMINISTRATION.

16 Section 109 of title 49, United States Code, is amended to read as fol17 lows:

18 ‘‘§ 109. Maritime Administration

19 ‘‘(a) ORGANIZATION.—The Maritime Administration is an administration

20 in the Department of Transportation.

21 ‘‘(b) MARITIME ADMINISTRATOR.—The head of the Maritime Administra22 tion is the Maritime Administrator, who is appointed by the President by

23 and with the advice and consent of the Senate. The Administrator shall re24 port directly to the Secretary of Transportation and carry out the duties

25 prescribed by the Secretary.

26 ‘‘(c) DEPUTY MARITIME ADMINISTRATOR.—The Maritime Administration

27 shall have a Deputy Maritime Administrator, who is appointed in the com28 petitive service by the Secretary, after consultation with the Administrator.

29 The Deputy Administrator shall carry out the duties prescribed by the Ad30 ministrator. The Deputy Administrator shall be Acting Administrator dur31 ing the absence or disability of the Administrator and, unless the Secretary

32 designates another individual, during a vacancy in the office of Adminis33 trator.

34 ‘‘(d) DUTIES AND POWERS VESTED IN SECRETARY.—All duties and pow35 ers of the Maritime Administration are vested in the Secretary.

36 ‘‘(e) REGIONAL OFFICES.—The Maritime Administration shall have re37 gional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges,

38 and may have other regional offices as necessary. The Secretary shall ap39 point a qualified individual as Director of each regional office. The Sec40 retary shall carry out appropriate activities and programs of the Maritime

41 Administration through the regional offices.
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1 ‘‘(f) INTERAGENCY AND INDUSTRY RELATIONS.—The Secretary shall es2 tablish and maintain liaison with other agencies, and with representative

3 trade organizations throughout the United States, concerned with the trans4 portation of commodities by water in the export and import foreign com5 merce of the United States, for the purpose of securing preference to vessels

6 of the United States for the transportation of those commodities.

7 ‘‘(g) DETAILING OFFICERS FROM ARMED FORCES.—To assist the Sec8 retary in carrying out duties and powers relating to the Maritime Adminis9 tration, not more than five officers of the armed forces may be detailed to

10 the Secretary at any one time, in addition to details authorized by any other

11 law. During the period of a detail, the Secretary shall pay the officer an

12 amount that, when added to the officer’s pay and allowances as an officer

13 in the armed forces, makes the officer’s total pay and allowances equal to

14 the amount that would be paid to an individual performing work the Sec15 retary considers to be of similar importance, difficulty, and responsibility as

16 that performed by the officer during the detail.

17 ‘‘(h) CONTRACTS AND AUDITS.—

18 ‘‘(1) CONTRACTS.—In the same manner that a private corporation

19 may make a contract within the scope of its authority under its char20 ter, the Secretary may make contracts for the United States Govern21 ment and disburse amounts to—

22 ‘‘(A) carry out the Secretary’s duties and powers under this sec23 tion and subtitle V of title 46; and

24 ‘‘(B) protect, preserve, and improve collateral held by the Sec25 retary to secure indebtedness.

26 ‘‘(2) AUDITS.—The financial transactions of the Secretary under

27 paragraph (1) shall be audited by the Comptroller General. The Comp28 troller General shall allow credit for an expenditure shown to be nec29 essary because of the nature of the business activities authorized by

30 this section or subtitle V of title 46. At least once a year, the Comp31 troller General shall report to Congress any departure by the Secretary

32 from this section or subtitle V of title 46.

33 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—

34 ‘‘(1) IN GENERAL.—Except as otherwise provided in this subsection,

35 there are authorized to be appropriated such amounts as may be nec36 essary to carry out the duties and powers of the Secretary relating to

37 the Maritime Administration.

38 ‘‘(2) LIMITATIONS.—Only those amounts specifically authorized by

39 law may be appropriated for the use of the Maritime Administration

40 for—

41 ‘‘(A) acquisition, construction, or reconstruction of vessels;
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1 ‘‘(B) construction-differential subsidies incident to the construc2 tion, reconstruction, or reconditioning of vessels;

3 ‘‘(C) costs of national defense features;

4 ‘‘(D) payments of obligations incurred for operating-differential

5 subsidies;

6 ‘‘(E) expenses necessary for research and development activities,

7 including reimbursement of the Vessel Operations Revolving Fund

8 for losses resulting from expenses of experimental vessel oper9 ations;

10 ‘‘(F) the Vessel Operations Revolving Fund;

11 ‘‘(G) National Defense Reserve Fleet expenses;

12 ‘‘(H) expenses necessary to carry out part B of subtitle V of

13 title 46; and

14 ‘‘(I) other operations and training expenses related to the devel15 opment of waterborne transportation systems, the use of water16 borne transportation systems, and general administration.

17 ‘‘(3) TRAINING VESSELS.—Amounts may not be appropriated for the

18 purchase or construction of training vessels for State maritime acad19 emies unless the Secretary has approved a plan for sharing training

20 vessels between State maritime academies.’’.

21 SEC. 12. AMENDMENTS RELATING TO MARITIME SECURITY ACT OF

22 2003.

23 (a) AMENDMENTS TO CHAPTER 531.—Chapter 531 of title 46, United

24 States Code, is amended as follows:

25 (1) In section 53102—

26 (A) in the headings of paragraphs (1), (2), and (4) of sub27 section (c), strike ‘‘SECTION 2’’ and substitute ‘‘SECTION 50501’’;

28 (B) in subsection (c)(1), (2)(A)(i) and (ii)(II) and (B), and

29 (4)(B), strike ‘‘section 2 of the Shipping Act, 1916 (46 U.S.C.

30 App. 802)’’ and substitute ‘‘section 50501 of this title’’;

31 (C) in subsection (d), strike ‘‘the first section of Public Law

32 81–891 (64 Stat. 1120; 46 U.S.C. App. note prec. 3)’’ and sub33 stitute ‘‘section 501 of this title’’; and

34 (D) in subsection (e)(1)—

35 (i) strike ‘‘a documented vessel (as that term is defined in

36 section 12101 of this title)’’ and substitute ‘‘documented

37 under chapter 121 of this title,’’; and

38 (ii) in clause (B), strike ‘‘a documented vessel (as defined

39 in that section)’’ and substitute ‘‘documented under chapter

40 121’’.

41 (2) In section 53103(c)—
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1 (A) in the heading of paragraph (1)(C), strike ‘‘SECTION 2’’ and

2 substitute ‘‘SECTION 50501’’;

3 (B) in paragraphs (1)(A)(iii) and (C)(i) and (ii), strike ‘‘section

4 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)’’ and substitute

5 ‘‘section 50501 of this title’’;

6 (C) in paragraph (1)(B), strike ‘‘subparagraphs’’ and substitute

7 ‘‘subparagraph’’; and

8 (D) in paragraph (3)(B), strike ‘‘agreement’’ and substitute

9 ‘‘agreements’’.

10 (3) In section 53104—

11 (A) in subsection (c)(3)(B)(ii)(I) and (II), strike ‘‘section 2 of

12 the Shipping Act, 1916 (46 U.S.C. App. 802)’’ and substitute

13 ‘‘section 50501 of this title’’;

14 (B) in subsection (e)(2), strike ‘‘section 9 of the Shipping Act,

15 1916 (46 U.S.C. App. 808)’’ and substitute ‘‘section 56101 of this

16 title’’; and

17 (C) in subsection (e)(3), strike ‘‘section 902 of the Merchant

18 Marine Act, 1936 (46 U.S.C. App. 1242)’’ and ‘‘section 902 of

19 such Act’’ and substitute ‘‘chapter 563 of this title’’ and ‘‘chapter

20 563’’, respectively.

21 (4) In section 53105—

22 (A) in subsection (a)(1)(A), strike ‘‘section 12105’’ and sub23 stitute ‘‘section 12111’’; and

24 (B) in subsection (f), strike ‘‘approve’’ and substitute ‘‘ap25 proves’’.

26 (5) In section 53106—

27 (A) in subsection (d)(1), strike ‘‘section 2631 of title 10, United

28 States Code, the Act of March 26, 1934 (46 U.S.C. App. 1241–

29 1), section 901(a), 901(b), or 901b of the Merchant Marine Act,

30 1936 (46 U.S.C. App. 1241(a), 1241(b), or 1241f)’’ and sub31 stitute ‘‘section 55302(a), 55304, 55305, or 55314 of this title,

32 section 2631 of title 10’’;

33 (B) in subsection (d)(2), strike ‘‘section 901(a), 901(b), or 901b

34 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a),

35 1241(b), or 1241f),’’ and substitute ‘‘section 55302(a), 55305, or

36 55314 of this title’’; and

37 (C) in subsection (e)(2), strike ‘‘section 2(c) of the Shipping

38 Act, 1916 (46 U.S.C. App. 802(c))’’ and substitute ‘‘section

39 50501 of this title, applying the 75 percent ownership requirement

40 of that section’’.

41 (6) In section 53107(f)—
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1 (A) strike ‘‘section 2631 of title 10, United States Code, the Act

2 of March 26, 1934 (46 U.S.C. App. 1241–1), section 901(a),

3 901(b), or 901b of the Merchant Marine Act, 1936 (46 U.S.C.

4 App. 1241(a), 1241(b), or 1241f)’’ and substitute ‘‘section

5 55302(a), 55304, 55305, or 55314 of this title, section 2631 of

6 title 10’’; and

7 (B) strike ‘‘section 2631 of title 10, United States Code, the

8 Act of March 26, 1934 (46 U.S.C. App. 1241–1), and sections

9 901(a), 901(b), and 901b of the Merchant Marine Act, 1936 (46

10 U.S.C. App. 1241(a), 1241(b), and 1241b)’’ and substitute ‘‘sec11 tions 55302(a), 55304, 55305, and 55314 of this title and section

12 2631 of title 10’’; and

13 (7) In section 53108(b), strike ‘‘section 901(b)(1) of the Merchant

14 Marine Act, 1936 (46 U.S.C. App. 1241(b)(1))’’ and substitute ‘‘sec15 tion 55305(a) of this title’’.

16 (b) OTHER CONFORMING AMENDMENTS.—

17 (1) SECTION 12111.—

18 (A) AMENDMENT.—Section 12111(c)(3) of title 46, United

19 States Code, as enacted by this Act, is amended by striking ‘‘sub20 title B of title VI of the Merchant Marine Act, 1936’’ and sub21 stituting ‘‘chapter 531 of this title’’.

22 (B) EFFECTIVE DATE.—The amendment made by subpara23 graph (A) is effective the date of enactment of this Act, or the

24 effective date of section 3534(b)(1) of the Maritime Security Act

25 of 2003 (117 Stat. 1818), whichever is later.

26 (2) REPEAL.—If this Act takes effect before the amendment made

27 by section 3534(b)(1) of the Maritime Security Act of 2003 (Public

28 Law 108–136, 117 Stat. 1818), such section 3534(b)(1) is repealed.

29 SEC. 13. AMENDMENTS TO PARTIALLY RESTATED PROVISIONS.

30 (a) Section 2793 of the Revised Statutes (19 U.S.C. 288, 46 App. U.S.C.

31 111, 123) is amended by striking ‘‘or tonnage tax’’.

32 (b) Section 809(a) of the Merchant Marine Act, 1936 (46 App. U.S.C.

33 1213(a)), is amended by striking ‘‘and section 211(a)’’.

34 SEC. 14. ADDITIONAL AMENDMENTS TO TITLE 46.

35 Title 46, United States Code, is amended as follows:

36 (1) The analysis of subtitle II is amended as follows:

37 (A) In each chapter item, capitalize the first letter of each word

38 containing 4 or more letters.

39 (B) Strike the item for chapter 39.

40 (C) The item for chapter 45 is amended to read as follows:

‘‘45. Uninspected Commercial Fishing Industry Vessels .................... 4501’’.
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1 (2) Section 2101 is amended as follows:

2 (A) Clauses (2), (3), (3a), (6), (10), (10a), (12), (17b), (36),

3 (41), (44), (45), and (46) are repealed.

4 (B) In clause (8a), insert ‘‘Prevention’’ after ‘‘Abuse’’.

5 (C) In clause (18), strike ‘‘those’’.

6 (D) In clause (34)—

7 (i) strike ‘‘, except in part H,’’; and

8 (ii) strike ‘‘head’’ and substitute ‘‘Secretary’’.

9 (3) In section 2102—

10 (A) in subsection (a)(2), strike ‘‘section 2101(36) and (44)’’

11 and substitute ‘‘chapter 1’’; and

12 (B) in subsection (b), strike ‘‘West’’ and ‘‘East’’ and substitute

13 ‘‘west’’ and ‘‘east’’, respectively.

14 (4) In section 2106, strike ‘‘a district court of the United States’’

15 and substitute ‘‘the district court of the United States for any district’’.

16 (5) Section 2108 is repealed.

17 (6) In section 2110—

18 (A) in subsection (a)(2), strike ‘‘part B of this title’’ and sub19 stitute ‘‘part B of this subtitle’’;

20 (B) in subsection (b)(2)(A)(iii), strike the period at the end and

21 substitute ‘‘; and’’;

22 (C) in subsection (b)(5), strike ‘‘fees’’ and substitute ‘‘fee’’;

23 (D) In subsection (f), strike ‘‘Secretary of the Treasury shall

24 deny the clearance required by section 4197 of the Revised Stat25 utes of the United States (46 App. U.S.C. 91)’’ and substitute

26 ‘‘Secretary of Homeland Security shall deny the clearance required

27 by section 60105 of this title’’; and

28 (E) In subsection (j), strike ‘‘state’’ and substitute ‘‘State’’.

29 (7) In section 2301, strike ‘‘section’’ and substitute ‘‘sections 2304

30 and’’.

31 (8) In section 2304—

32 (A) insert the paragraph designation ‘‘(1)’’ after ‘‘(a)’’; and

33 (B) insert at the end of subsection (a) the following new para34 graph:

35 ‘‘(2) Paragraph (1) does not apply to a vessel of war or a vessel owned

36 by the United States Government appropriated only to a public service.’’.

37 (9) In section 2306(a)(2), strike ‘‘section 212(A) of the Merchant

38 Marine Act, 1936 (46 App. U.S.C. 1122a),’’ and substitute ‘‘section

39 50113 of this title’’.

40 (10) In section 3205(d), strike ‘‘Secretary of the Treasury shall

41 withhold or revoke the clearance required by section 4197 of the Re-
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1 vised Statutes (46 App. U.S.C. 91)’’ and substitute ‘‘Secretary of

2 Homeland Security shall withhold or revoke the clearance required by

3 section 60105 of this title’’.

4 (11) In section 3302—

5 (A) in subsection (b), insert a comma after ‘‘fishing vessel’’;

6 (B) in subsection (j)(2)(B), strike ‘‘section 1304 of the Mer7 chant Marine Act, 1936 (46 App. U.S.C. 1295c)’’ and substitute

8 ‘‘chapter 515 of this title’’; and

9 (C) in subsection (l)(1)(C), strike ‘‘Inc..’’ and substitute ‘‘Inc.’’.

10 (12) In section 3306(d), strike ‘‘section 1302(3) of the Merchant

11 Marine Act, 1936 (46 App. U.S.C. 1295a(3))’’ and substitute ‘‘section

12 51102 of this title’’.

13 (13) In section 3318(f), strike the period after ‘‘felony’’.

14 (14) In section 3505, strike ‘‘section 3303(a)’’ and substitute ‘‘sec15 tion 3303’’.

16 (15) In the analysis of chapter 37, the item for section 3719 is

17 amended to read as follows:

‘‘3719. Reduction of oil spills from single hull non-self-propelled tank vessels.’’.

18 (16) In paragraphs (1)(C), (2), and (3) of section 3703a(c), strike

19 ‘‘documentation under section 4136 of the Revised Statutes of the

20 United States (46 App. U.S.C. 14)’’ and substitute ‘‘documentation as

21 a wrecked vessel under section 12112 of this title’’.

22 (17) In section 3704, strike ‘‘section 27 of the Merchant Marine Act,

23 1920 (46 App. U.S.C. 883),’’ and substitute ‘‘chapter 551 of this

24 title’’.

25 (18) In section 3718(e)(1), strike ‘‘Secretary of the Treasury’’ and

26 ‘‘section 4197 of the Revised Statutes of the United States (46 App.

27 U.S.C. 91)’’ and substitute ‘‘Secretary of Homeland Security’’ and

28 ‘‘section 60105 of this title’’, respectively.

29 (19) In section 4702, strike the subsection ‘‘(a)’’ designation.

30 (20) In section 4705—

31 (A) strike ‘‘subcontractor not’’ and substitute ‘‘subcontractor

32 are not’’;

33 (B) strike ‘‘(a)(1)’’ and substitute ‘‘(a)’’;

34 (C) strike ‘‘(2) Paragraph (1)’’ and substitute ‘‘(b) Subsection

35 (a)’’;

36 (D) strike ‘‘(A)’’ and substitute ‘‘(1)’’; and

37 (E) strike ‘‘(B)’’ and substitute ‘‘(2)’’.

38 (21) In section 5113(b), strike ‘‘section 4197 of the Revised Statutes

39 (46 App. U.S.C. 91)’’ and substitute ‘‘section 60105 of this title’’.
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1 (22) In section 6101, redesignate the second subsection (g) and sub2 section (h) as subsections (h) and (i), respectively.

3 (23) In section 8103(a), strike ‘‘Only’’ and substitute ‘‘Except as

4 otherwise provided in this title, only’’.

5 (24) In section 9307(b)(2)(A), strike ‘‘The’’ and substitute ‘‘the’’.

6 (25) In section 12503(a), in the matter before clause (1), strike

7 ‘‘delegee’’ and substitute ‘‘delegate’’.

8 (26) In section 13102(a), insert ‘‘(26 U.S.C. 9504)’’ after ‘‘Internal

9 Revenue Code of 1986’’.

10 (27) In section 14305(a)—

11 (A) in clause (1), strike ‘‘and sections 12106(c) and 12108(c)’’

12 and substitute ‘‘of this subtitle and section 12116’’;

13 (B) in clause (5), strike ‘‘section 4283 of the Revised Statutes

14 of the United States (46 App. U.S.C. 183)’’ and substitute ‘‘sec15 tion 30506 of this title’’;

16 (C) in clause (6), strike ‘‘sections 27 and 27A of the Act of

17 June 5, 1920 (46 App. U.S.C. 883 and 883–1)’’ and substitute

18 ‘‘sections 12118 and 12132 of this title’’; and

19 (D) in clause (7), strike ‘‘Act of July 14, 1956 (46 App. U.S.C.

20 883a)’’ and substitute ‘‘section 12139(b) of this title’’.

21 (28) In section 31306(a), strike ‘‘section 9 or 37 of the Shipping

22 Act, 1916 (46 App. U.S.C. 808, 835)’’ and substitute ‘‘section 56102

23 or 56103 of this title’’.

24 (29) In section 31308, strike ‘‘title XI of the Merchant Marine Act,

25 1936 (46 App. U.S.C. 1271 et seq.)’’ and substitute ‘‘chapter 537 of

26 this title’’.

27 (30) In section 31322—

28 (A) in subsection (a)(4)(A), strike ‘‘section 12102(c)’’ and sub29 stitute ‘‘section 12113(c)’’;

30 (B) in subsection (a)(4)(E), strike ‘‘under section 12102(a)’’

31 and substitute ‘‘for purposes of documentation under section

32 12103’’;

33 (C) in subsection (f)(2), strike ‘‘section 12102(c)’’ and sub34 stitute ‘‘section 12113(c)’’.

35 (31) In section 31325(b)(3)(B), strike ‘‘section 9 or 37 of the Ship36 ping Act, 1936 (46 App. U.S.C. 808, 835)’’ and substitute ‘‘section

37 56101 or 56102 of this title’’.

38 (32) In section 31326(b)—

39 (A) in clause (1), strike ‘‘title XI of the Merchant Marine Act,

40 1936 (46 App. U.S.C. 1101 et seq.)’’ and substitute ‘‘chapter 537

41 of this title,’’; and
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1 (B) in clause (2), strike ‘‘title XI of that Act’’ and substitute

2 ‘‘chapter 537 of this title’’.

3 (33) In section 31329—

4 (A) in subsection (a)(1), strike ‘‘section 12102’’ and substitute

5 ‘‘section 12103’’; and

6 (B) in subsection (b)—

7 (i) in clause (2), strike ‘‘section 902 of the Merchant Ma8 rine Act, 1936 (46 App. U.S.C. 1242)’’ and substitute ‘‘chap9 ter 563 of this title’’; and

10 (ii) in clause (3), strike ‘‘sale foreign within the terms of

11 the first proviso of section 27 of the Merchant Marine Act,

12 1920 (46 App. U.S.C. 883)’’ and substitute ‘‘sale to a person

13 not a citizen of the United States under section 12132 of this

14 title’’.

15 (34)(A) Sections 70118 and 70119, as added by section 801 of the

16 Coast Guard and Maritime Transportation Act of 2004 (Public Law

17 108–293, 118 Stat. 1078), are redesignated as sections 70117 and

18 70118, respectively, and moved to appear immediately after section

19 70116 of title 46, United States Code.

20 (B) Sections 70117 and 70118, as added by section 802 of such Act,

21 are redesignated as sections 70120 and 70121, respectively, and moved

22 to appear immediately after section 70119 of title 46, United States

23 Code.

24 (C) In section 70120(a) (as redesignated by subparagraph (B)),

25 strike ‘‘section 70120’’ and substitute ‘‘section 70119’’.

26 (D) In section 70121(a) (as redesignated by subparagraph (B))—

27 (i) strike ‘‘section 70120’’ and substitute ‘‘section 70119’’; and

28 (ii) strike ‘‘section 4197 of the Revised Statutes of the United

29 States (46 U.S.C. App. 91)’’ and substitute ‘‘section 60105 of this

30 title’’.

31 (E) In the analysis of chapter 701, strike the items relating to sec32 tions 70117–70119 and substitute the following:

‘‘70117. Firearms, arrests, and seizure of property.

‘‘70118. Enforcement by State and local officers.

‘‘70119. Civil penalty.

‘‘70120. In rem liability for civil penalties and certain costs.

‘‘70121. Withholding of clearance.’’.

33 SEC. 15. CONFORMING AMENDMENTS TO OTHER LAWS.

34 (a) TITLE 10.—Title 10, United States Code, is amended as follows:

35 (1) In section 374(b)(4)(A)(iv), strike ‘‘The Maritime Drug Law En36 forcement Act (46 U.S.C. App. 1901 et seq.)’’ and substitute ‘‘Chapter

37 705 of title 46’’
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1 (2) In section 2218(d)(2), strike ‘‘sections 508 and 510 of the Mer2 chant Marine Act of 1936 (46 U.S.C. App. 1158, 1160), shall be de3 posited in the Fund’’ and substitute ‘‘sections 57101–57104 and chap4 ter 573 of title 46’’.

5 (3) In section 2350b(g)(2), strike ‘‘section 901(b) of the Merchant

6 Marine Act, 1936 (46 U.S.C. App. 1241(b))’’ and substitute ‘‘section

7 55305 of title 46’’.

8 (4) In section 2645—

9 (A) in subsection (c), strike ‘‘the second sentence of section

10 1208(a) of the Merchant Marine Act, 1936 (46 U.S.C. App.

11 1288(a))’’ and substitute ‘‘section 53909(b) of title 46’’;

12 (B) in subsection (h)(1), strike ‘‘title XII of the Merchant Ma13 rine Act, 1936 (46 U.S.C. App. 1281 et seq.),’’ and substitute

14 ‘‘chapter 539 of title 46’’; and

15 (C) in subsection (h)(2), strike ‘‘the first sentence of section

16 1208(a) of the Merchant Marine Act, 1936 (46 U.S.C. App.

17 1288(a))’’ and substitute ‘‘section 53909(a) of title 46’’.

18 (5) In section 2664(a)(3), strike ‘‘transferred to the Secretary of

19 Transportation under section 3 of the Maritime Act of 1981 (46 U.S.C.

20 App. 1602)’’ and substitute ‘‘of the Secretary of Transportation relat21 ing to the Maritime Administration’’.

22 (6) In section 5985, strike ‘‘section 1304 of the Merchant Marine

23 Act, 1936 (46 U.S.C. App. 1295c),’’ and substitute ‘‘chapter 515 of

24 title 46’’.

25 (7) In section 7721(a), strike ‘‘the Act of March 3, 1925 (commonly

26 referred to as the ‘Public Vessels Act’) (46 U.S.C. App. 781–790)’’ and

27 substitute ‘‘chapter 311 of title 46’’.

28 (b) TITLE 11.—Title 11, United States Code, is amended as follows:

29 (1) In section 362(b)—

30 (A) in clause (12), strike ‘‘section 207 or title XI of the Mer31 chant Marine Act, 1936’’ and substitute ‘‘chapter 537 of title 46

32 or section 109(h) of title 49’’; and

33 (B) in clause (13), strike ‘‘section 207 or title XI of the Mer34 chant Marine Act, 1936’’ and substitute ‘‘chapter 537 of title 46’’.

35 (2) In section 1110(a)(3)(A)(ii), strike ‘‘documented vessel (as de36 fined in section 30101(1) of title 46)’’ and substitute ‘‘vessel docu37 mented under chapter 121 of title 46’’.

38 (c) TITLE 14.—Sections 821(b) and 823a(b) of title 14, United States

39 Code, are each amended by striking clauses (3)–(5) and substituting the fol40 lowing:
264

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1 ‘‘(3) Section 30101 of title 46 (popularly known as the Admiralty

2 Extension Act).

3 ‘‘(4) Chapter 309 of title 46 (known as the Suits in Admiralty Act).

4 ‘‘(5) Chapter 311 of title 46 (known as the Public Vessels Act).’’.

5 (d) TITLE 18.—Title 18, United States Code, is amended as follows:

6 (1) In section 229F(9)(C), strike ‘‘section 3(b) of the Maritime Drug

7 Enforcement Act, as amended (46 U.S.C., App. sec. 1903(b))’’ and

8 substitute ‘‘section 70502(b) of title 46, United States Code’’.

9 (2) In section 507—

10 (A) in the first paragraph, strike ‘‘recording, registry, or enroll11 ment of any vessel, in the office of any collector of the customs,

12 or a license to any vessel for carrying on the coasting trade or

13 fisheries of the United States’’ and substitute ‘‘documentation of

14 any vessel’’;

15 (B) in the first paragraph, strike ‘‘collector or other’’; and

16 (C) in the second paragraph, strike ‘‘license,’’.

17 (3) In section 924—

18 (A) in subsections (c)(2), (e)(2)(A)(i), (g)(2), and (k)(1), strike

19 ‘‘the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901

20 et seq.)’’ and substitute ‘‘chapter 705 of title 46’’; and

21 (B) in subsection (g)(2), strike ‘‘802 et seq.’’ and substitute

22 ‘‘801 et seq.’’.

23 (4) In section 929(a)(2), strike ‘‘the Maritime Drug Law Enforce24 ment Act (46 U.S.C. App. 1901 et seq.)’’ and substitute ‘‘chapter 705

25 of title 46’’.

26 (5) In section 965(a), strike ‘‘section 4197 of the Revised Statutes

27 of the United States (46 U.S.C. App. 91)’’ and substitute ‘‘section

28 60105 of title 46’’.

29 (6) In section 2277(a), strike ‘‘registered, enrolled, or licensed’’ and

30 substitute ‘‘documented’’.

31 (7) In section 3142(e) and (f)(1)(C), strike ‘‘the Maritime Drug Law

32 Enforcement Act (46 U.S.C. App. 1901 et seq.)’’ and substitute ‘‘chap33 ter 705 of title 46’’.

34 (e) INTERNAL REVENUE CODE OF 1986.—The Internal Revenue Code of

35 1986 (26 U.S.C. 1 et seq.) is amended as follows:

36 (1) In section 56(c)(2)—

37 (A) strike ‘‘section 607 of the Merchant Marine Act, 1936 (46

38 U.S.C. 1177)’’ and substitute ‘‘chapter 535 of title 46, United

39 States Code’’; and

40 (B) in clauses (A) and (B), strike ‘‘such section 607’’ substitute

41 ‘‘such chapter 535’’.
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1 (2) In section 140(a)(4), strike ‘‘section 607(d) of the Merchant Ma2 rine Act, 1936 (46 U.S.C. 1177)’’ and substitute ‘‘section 53507 of

3 title 46, United States Code’’.

4 (3) In section 543(a)(1)(B), strike ‘‘section 511 or 607 of the Mer5 chant Marine Act, 1936 (46 U.S.C. App. 1161 or 1177)’’ and sub6 stitute ‘‘chapter 533 or 535 of title 46, United States Code’’.

7 (4) In section 1023(2), strike ‘‘section 511 of the Merchant Marine

8 Act, 1936, as amended (46 U.S.C. 1161)’’ and substitute ‘‘chapter 533

9 of title 46, United States Code’’.

10 (5) In section 1061—

11 (A) in clause (1), strike ‘‘section 510 of the Merchant Marine

12 Act, 1936, see subsection (e) of that section, as amended August

13 4, 1939 (46 U.S.C. App. 1160)’’ and substitute ‘‘chapter 573 of

14 title 46, United States Code, see section 57307 of title 46’’;

15 (B) in clause (2), strike ‘‘section 511 of such Act, as amended

16 (46 U.S.C. App. 1161)’’ and substitute ‘‘chapter 533 of title 46,

17 United States Code’’; and

18 (C) strike clause (3).

19 (6) In section 7518—

20 (A) in subsection (a)(1), strike ‘‘section 607 of the Merchant

21 Marine Act, 1936’’ and substitute ‘‘chapter 535 of title 46 of the

22 United States Code’’;

23 (B) in subsections (a)(2) and (c)(1)(A) and (D), strike ‘‘section

24 607 of the Merchant Marine Act, 1936’’ and substitute ‘‘chapter

25 535 of title 46, United States Code’’; and

26 (C) in subsection (g)(3)(C)(iii), strike ‘‘Merchant Marine Act of

27 1936’’ and substitute ‘‘Merchant Marine Act, 1936,’’.

28 (f) TITLE 28.—Title 28, United States Code, is amended as follows:

29 (1) In section 994(h)(1)(B) and (2)(B), strike ‘‘the Maritime Drug

30 Law Enforcement Act (46 U.S.C. App. 1901 et seq.)’’ and substitute

31 ‘‘chapter 705 of title 46’’.

32 (2) In section 1605(d), strike ‘‘the Ship Mortgage Act, 1920 (46

33 U.S.C. 911 and following)’’ and ‘‘that Act’’ and substitute ‘‘section

34 31301 of title 46’’ and ‘‘chapter 313 of title 46’’, respectively.

35 (3) In section 2342(3)—

36 (A) in clause (A), strike ‘‘section 2, 9, 37, or 41 of the Shipping

37 Act, 1916 (46 U.S.C. App. 802, 803, 808, 835, 839, and 841a)’’

38 and substitute ‘‘section 50501, 50502, 56101–56104, or 57109 of

39 title 46’’; and

40 (B) strike clause (B) and substitute the following:
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1 ‘‘(B) the Federal Maritime Commission issued pursuant to sec2 tion 305, 41304, 41308, or 41309 or chapter 421 or 441 of title

3 46;’’.

4 (4) In section 2680(d), strike ‘‘sections 741–752, 781–790 of Title

5 46,’’ and substitute ‘‘chapter 309 or 311 of title 46’’.

6 (g) TITLE 40.—Title 40, United States Code, is amended as follows:

7 (1) In section 548, strike ‘‘the Merchant Marine Act, 1936 (46 App.

8 U.S.C. 1101 et seq.),’’ and substitute ‘‘part F of subtitle V of title 46’’.

9 (2) In section 3134(b), strike ‘‘the Merchant Marine Act, 1936 (46

10 App. U.S.C. 1101 et seq.)’’ and substitute ‘‘subtitle V of title 46’’.

11 (h) TITLE 49.—Title 49, United States Code, is amended as follows:

12 (1) In section 5122(c)(1), strike ‘‘Secretary of the Treasury’’ and

13 ‘‘section 4197 of the Revised Statutes of the United States (46 App.

14 U.S.C. 91)’’ and substitute ‘‘Secretary of Homeland Security’’ and

15 ‘‘section 60105 of title 46’’, respectively.

16 (2) In section 5901(3)(B), strike ‘‘section 3 of the Shipping Act of

17 1984 (46 App. U.S.C. 1702)’’ and substitute ‘‘section 40102 of title

18 46’’.

19 (i) MISCELLANEOUS.—Section 5501(a) of the Oceans Act of 1992 (Public

20 Law 102–587, 106 Stat. 5084) is amended by adding the following:

21 ‘‘(3) The exceptions provided by paragraph (2) shall apply under section

22 55109 of title 46, United States Code, to the same extent as under former

23 section 1 of the Act of May 28, 1906, as amended by paragraph (1).’’

24 SEC. 16. LEGISLATIVE CONSTRUCTION AND TRANSITIONAL PROVI25 SIONS.

26 (a) IN GENERAL.—The purpose of this Act is to complete the codification

27 of title 46, United States Code, ‘‘Shipping’’, as positive law, in accordance

28 with section 285b(1) of title 2, United States Code.

29 (b) CONFORMITY WITH ORIGINAL INTENT.—In the codification of laws

30 encompassed by this Act, the intent is to conform to the understood policy,

31 intent, and purpose of the Congress in the original enactments, with such

32 amendments and corrections as will remove ambiguities, contradictions, and

33 other imperfections both of substance and of form.

34 (c) CUTOFF DATE.—This Act codifies certain laws enacted as of August

35 31, 2004. Any law enacted after that date that is inconsistent with this Act,

36 including any law purporting to amend or repeal a provision that is repealed

37 by this Act, supersedes this Act to the extent of the inconsistency.

38 (d) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes of de39 termining whether one provision of law supersedes another based on enact40 ment later in time, the date of enactment of a provision codified by this
267

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1 Act is deemed to remain unchanged, continuing to be the date of enactment

2 of the underlying provision that is codified.

3 (e) REFERENCES IN OTHER PROVISIONS.—A reference to a provision of

4 law codified by this Act, including a reference in another law or in a rule,

5 regulation, or order, is deemed to refer to the corresponding provision en6 acted by this Act.

7 (f) SAVINGS PROVISIONS.—

8 (1) RULES, REGULATIONS, AND ORDERS.—A rule, regulation, or

9 order in effect under a provision of law codified by this Act continues

10 in effect under the corresponding provision enacted by this Act.

11 (2) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken

12 or an offense committed under a provision of law codified by this Act

13 is deemed to have been taken or committed under the corresponding

14 provision enacted by this Act.

15 SEC. 17. REPEALS.

16 The following laws are repealed, except with respect to rights and duties

17 that matured, penalties that were incurred, or proceedings that were begun

18 before the date of enactment of this Act:

Revised Statutes

Revised Statutes Section

United States Code

Title Section

2792 ............................................................................ 46 App. 124

4136 ............................................................................ 46 App. 14

4173 ............................................................................ 46 App. 42

4184 ............................................................................ 46 App. 57

4188 ............................................................................ 46 App. 59

4197 ............................................................................ 46 App. 91

4202 ............................................................................ 46 App. 97

4204 ............................................................................ 46 App. 98

4206 ............................................................................ 46 App. 100

4219 ............................................................................ 46 App. 121

4220 ............................................................................ 46 App. 122

4221 ............................................................................ 46 App. 125

4225 ............................................................................ 46 App. 128

4226 ............................................................................ 46 App. 129

4227 ............................................................................ 46 App. 135

4228 ............................................................................ 46 App. 141

4238 ............................................................................ 46 App. 721

4239 ............................................................................ 46 App. 722

4240 ............................................................................ 46 App. 723

4241 ............................................................................ 46 App. 724

4281 ............................................................................ 46 App. 181

4282 ............................................................................ 46 App. 182

4283 ............................................................................ 46 App. 183

4283A .......................................................................... 46 App. 183b

4283B .......................................................................... 46 App. 183c

4284 ............................................................................ 46 App. 184

4285 ............................................................................ 46 App. 185

4286 ............................................................................ 46 App. 186

4287 ............................................................................ 46 App. 187

4289 ............................................................................ 46 App. 188

4309 ............................................................................ 46 App. 354

4310 ............................................................................ 46 App. 355

4311 ............................................................................ 46 App. 251

4320 ............................................................................ 46 App. 262

4336 ............................................................................ 46 App. 277

4370 ............................................................................ 46 App. 316

4373 ............................................................................ 46 App. 321

4374 ............................................................................ 46 App. 322

4375 ............................................................................ 46 App. 323

4376 ............................................................................ 46 App. 324

4378 ............................................................................ 46 App. 326

4379 ............................................................................ 46 App. 327

4380 ............................................................................ 46 App. 328

4493 ............................................................................ 46 App. 491
268

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Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(46 App. unless otherwise

specified)

Volume Page

1874

Apr. 18 110 ............................................................... 18 31 ................. 336

1878

June 19 324............................................................... 20 175 ............... 725

1884

June 26 121 14......................................................... 23 57 ................. 121

18 ......................................................... 23 57 ................. 189

July 5 221 3 ........................................................... 23 119 ............... 3

8(c) ....................................................... ........ ...................... 9

1886

June 19 421 8 ........................................................... 24 81 ................. 289

9 ........................................................... 2481 ................. 320

17 ......................................................... 2482 ................. 142

1887

Mar. 3 339 ............................................................... 24 475 ............... 143

1892

July 26 248 1 ........................................................... 27 267 ............... 144

2 ........................................................... 27 268 ............... 145

1893

Feb. 13 105 1 ........................................................... 27 445 ............... 190

2 ........................................................... 27 445 ............... 191

3 ........................................................... 27 445 ............... 192

4 ........................................................... 27 445 ............... 193

5 ........................................................... 27 446 ............... 194

6 ........................................................... 27 446 ............... 196

7 ........................................................... 27 446 ............... 195

8 ........................................................... 27 446 ............... 190 nt

Oct. 31 No. 13 ............................................................... 28 13 ................. 726

1898

Feb. 17 26 1 ........................................................... 30 248 ............... 290

3 ........................................................... 30 248 ............... 291

1900

Mar. 31 120 1–3 ....................................................... 31 58 ................. 163

1906

May 28 2566 1 (except as may be applicable under

section 5501(a)(2) of Pub. L. 102–

587).

34204............... 292

1908

Mar. 2496 1 ........................................................... 35 46 ................. 133

2 ........................................................... 35 46 ................. 134

May 28 212 5 ........................................................... 35 425 ............... 104

1909

Aug. 5 6 36 ......................................................... 36 111 ............... 121

1910

Mar. 8 86 ............................................................... 36 234............... 132

1912

Aug. 1 268 1 ........................................................... 37 242 ............... 727

3 ........................................................... 37 242 ............... 729

4........................................................... 37 242 ............... 730

5 ........................................................... 37 242 ............... 731

1913

Oct. 3 16 IV(J)(1)–(3) ......................................... 38 195 ............... 19 U.S.C.

128, 130,

131;

46 App. 146

1915

Mar. 4153 20 ......................................................... 38 1185 ............. 688

171 ............................................................... 38 1193 ............. 19 U.S.C.

128, 131;

46 App. 121,

128, 146

1916

Sept. 7 451 1 ........................................................... 39 728 ............... 801

2(a)–(c) ................................................ 39 729 ............... 802

2(d) ....................................................... 39 729 ............... 803

9 ........................................................... 39 730 ............... 808

12 ......................................................... 39 732 ............... 811
269

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Statutes at Large—Continued

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(46 App. unless otherwise

specified)

Volume Page

34......................................................... 39 738 ............... 833

36 ......................................................... 39 738 ............... 834

37 ......................................................... ........ ...................... 835

38 ......................................................... ........ ...................... 836

39 ......................................................... ........ ...................... 837

41 ......................................................... ........ ...................... 839

46 ......................................................... ........ ...................... 842

1920

Mar. 9 95 1 ........................................................... 41 525 ............... 741

2 ........................................................... 41 525 ............... 742

3 ........................................................... 41 526 ............... 743

4 ........................................................... 41 526 ............... 744

5 ........................................................... 41 526 ............... 745, 745 nt

6 ........................................................... 41 527 ............... 746

7 ........................................................... 41 527 ............... 747

8 ........................................................... 41 527 ............... 748

9 ........................................................... 41 527 ............... 749

10 ......................................................... 41 528 ............... 750

11 ......................................................... 41 528 ............... 751

12 ......................................................... 41 528 ............... 752

Mar. 30 111 1 ........................................................... 41 537 ............... 761

2 ........................................................... 41 537 ............... 762

4........................................................... 41 537 ............... 764

5 ........................................................... 41 537 ............... 765

6 ........................................................... 41 537 ............... 766

7 ........................................................... 41 538 ............... 767

8 ........................................................... 41 538 ............... 768

June 5 250 1 ........................................................... 41 988 ............... 861

6 ........................................................... 41 991 ............... 865

7 ........................................................... 41 991 ............... 866

8 ........................................................... 41 992 ............... 867

9 ........................................................... 41 992 ............... 868

10 ......................................................... 41 992 ............... 869

12 ......................................................... 41 993 ............... 871

13 ......................................................... 41 993 ............... 872

17 ......................................................... 41 994 ............... 875

19 ......................................................... 41 995 ............... 876

21 ......................................................... 41 997 ............... 877

27 ......................................................... 41 999 ............... 883

27A ....................................................... ........ ...................... 883–1

28 ......................................................... 41 999 ............... 884

36 ......................................................... 41 1007 ............. 887

37 ......................................................... 41 1008 ............. 888

39 ......................................................... 41 1008 ............. 889

1925

Mar. 3 428 1 ........................................................... 43 1112 ............. 781

2 ........................................................... 43 1112 ............. 782

3 ........................................................... 43 1112 ............. 783

4........................................................... 43 1112 ............. 784

5 ........................................................... 43 1113 ............. 785

6 ........................................................... 43 1113 ............. 786

7 ........................................................... 43 1113 ............. 787

8 ........................................................... 43 1113 ............. 788

9 ........................................................... 43 1113 ............. 789

10 ......................................................... 43 1113 ............. 790

1928

May 22 675 1 ........................................................... 45 689 ............... 891

202 ....................................................... 45 690 ............... 891b

203 ....................................................... 45 690 ............... 891c

703 ....................................................... 45 698 ............... 891u

704....................................................... 45 698 ............... 891v

705 ....................................................... 45 698 ............... 891w

706 ....................................................... 45 698 ............... 891x

1932

June 30 314 306 ....................................................... 47 408 ............... 804a

315 ............................................................... 47 420 ............... 743a, 745

1934

Mar. 26 90 ............................................................... 48 500 ............... 1241–1

June 28 523 ............................................................... 48 963 ............... 48 U.S.C.

1664

1936

June 25 807 1 ........................................................... 49 1922 ............. 738

2 ........................................................... 49 1922 ............. 738a

4........................................................... 49 1923 ............. 738c

June 29 858 101 ....................................................... 49 1985 ............. 1101

201 ....................................................... 49 1985 ............. 1111
270

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Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(46 App. unless otherwise

specified)

Volume Page

202 ....................................................... 49 1986 ............. 1112

204....................................................... 49 1987 ............. 1114

205 ....................................................... 49 1987 ............. 1115

206 ....................................................... 49 1987 ............. 1116

207 ....................................................... 49 1988 ............. 1117

208 ....................................................... 49 1988 ............. 1118

209 ....................................................... 49 1988 ............. 1119

210 ....................................................... 49 1989 ............. 1120

211 ....................................................... 49 1989 ............. 1121

212 ....................................................... 49 1990 ............. 1122

212(A) .................................................. ........ ...................... 1122a

212(B) .................................................. ........ ...................... 1122b

213 ....................................................... 49 1991 ............. 1123

214....................................................... 49 1991 ............. 1124

215 ....................................................... ........ ...................... 1125

302 ....................................................... ........ ...................... 1132

508 ....................................................... 49 2000 ............. 1158

510 ....................................................... ........ ...................... 1160

511 (added by Act Oct. 10, 1940) ....... ........ ...................... 1161

607 ....................................................... 49 2005 ............. 1177

701 ....................................................... 49 2008 ............. 1191

702 ....................................................... 49 2008 ............. 1192

703 ....................................................... 49 2008 ............. 1193

704....................................................... 49 2008 ............. 1194

705 ....................................................... 49 2009 ............. 1195

706 ....................................................... 49 2009 ............. 1196

707 ....................................................... 49 2009 ............. 1197

708 ....................................................... 49 2009 ............. 1198

709 ....................................................... 49 2010 ............. 1199

710 ....................................................... 49 2010 ............. 1200

711 ....................................................... 49 2010 ............. 1201

712 ....................................................... 49 2010 ............. 1202

713 ....................................................... 49 2010 ............. 1203

714....................................................... 49 2011 ............. 1204

715 ....................................................... ........ ...................... 1205

805 ....................................................... 49 2012 ............. 1223

806(b)–(d) ............................................ 49 2014 ............. 1228

808 ....................................................... 49 2015 ............. 1226

809(b) ................................................... ........ ...................... 1213

810 ....................................................... 49 2015 ............. 1227

901 ....................................................... 49 2015 ............. 1241

901a ...................................................... ........ ...................... 1241e

901b ..................................................... ........ ...................... 1241f

901c ...................................................... ........ ...................... 1241g

901d ..................................................... ........ ...................... 1241h

901e ...................................................... ........ ...................... 1241i

901f ...................................................... ........ ...................... 1241j

901g ..................................................... ........ ...................... 1241k

901h ..................................................... ........ ...................... 1241l

901i ...................................................... ........ ...................... 1241m

901j ...................................................... ........ ...................... 1241n

901k ..................................................... ........ ...................... 1241o

902 ....................................................... 49 2015 ............. 1242

905 ....................................................... 49 2016 ............. 1244

906 (1st sentence) ................................ 49 2016 ............. 1245

908 ....................................................... ........ ...................... 1247

1101 ..................................................... ........ ...................... 1271

1102 ..................................................... ........ ...................... 1272

1103 ..................................................... ........ ...................... 1273

1104A ................................................... ........ ...................... 1274

1104B ................................................... ........ ...................... 1274a

1105 ..................................................... ........ ...................... 1275

1108 ..................................................... ........ ...................... 1279a

1109 ..................................................... ........ ...................... 1279b

1110 ..................................................... ........ ...................... 1279c

1111 ..................................................... ........ ...................... 1279d

1111 ..................................................... ........ ...................... 1279f

1112 ..................................................... ........ ...................... 1279e

1112 ..................................................... ........ ...................... 1279g

1201 ..................................................... ........ ...................... 1281

1202 ..................................................... ........ ...................... 1282

1203 ..................................................... ........ ...................... 1283

1204..................................................... ........ ...................... 1284

1205 ..................................................... ........ ...................... 1285

1206 ..................................................... ........ ...................... 1286

1207 ..................................................... ........ ...................... 1287

1208 ..................................................... ........ ...................... 1288

1209 ..................................................... ........ ...................... 1289

1210 ..................................................... ........ ...................... 1290

1211 ..................................................... ........ ...................... 1291

1212 ..................................................... ........ ...................... 1292

1213 ..................................................... ........ ...................... 1293

1214..................................................... ........ ...................... 1294

1301 ..................................................... ........ ...................... 1295

1302 ..................................................... ........ ...................... 1295a

1303 ..................................................... ........ ...................... 1295b

1304..................................................... ........ ...................... 1295c
271

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Date Chapter or

Public Law Section

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(46 App. unless otherwise

specified)

Volume Page

1305 ..................................................... ........ ...................... 1295d

1306 ..................................................... ........ ...................... 1295e

1307 ..................................................... ........ ...................... 1295f

1308 ..................................................... ........ ...................... 1295g

1938

June 25 681 1st proviso on p. 1119 ......................... 52 1119 ............. 1111a

1940

June 29 442 ............................................................... 54 684 ............... 1242a

1941

Feb. 6 5 4........................................................... 55 6 ................... 1125a

1947

Mar. 22 20 proviso under heading ‘‘Independent

Offices’’.

61 18 ................. 1116a

1948

June 19 526 ............................................................... 62 496 ............... 740

June 30 775 101 (last proviso on p. 1199) .............. 62 1199 ............. 864a

1949

June 29 281 1 (proviso) ............................................ 63 349 ............... 864b

1950

Dec. 27 1155 1, 2 ....................................................... 641120 ............. 3 nt prec.

1951

June 2 121 pars. under heading ‘‘Vessel Operations Revolving Fund’’.65 59 ................. 1241a

Nov. 1 664par. under heading ‘‘War-Risk Insurance Revolving Fund’’.65 746 ............... 1288a

1956

June 20 415 101 (par. beginning with ‘‘Vessel operations revolving fund’’).70 319 ............... 1241b,

1241b nt

July 14600 2 ........................................................... 70 544............... 883a

3 ........................................................... 70 544 ............... 883b

Aug. 1 846 ............................................................... 70 897 ............... 1241c

1957

June 13 85–52 101 (1st proviso on p. 73) ................... 71 73 ................. 1177a

1958

June 25 85–469 101 (par. under heading ‘‘Federal Ship

Mortgage Insurance Fund’’).

72 231 ............... 1280

1960

June 12 86–518 9 ........................................................... 74217 ............... 1125 nt

1961

Sept. 13 87–220 2 ........................................................... 75 493 ............... 251a

3 ........................................................... 75 493 ............... 251b

1965

June 30 89–56 ............................................................... 79 195 ............... 1111 nt

July 30 89–99 1 ........................................................... 79 424 ............... 441

3 ........................................................... 79 424 ............... 443

4 ........................................................... 79 424 ............... 444

1966

Nov. 6 89–777 2 ........................................................... 80 1356 ............. 817d

3 ........................................................... 80 1357 ............. 817e

1976

July 1494–361 603 ....................................................... 90 929 ............... 1126–1

Oct. 4 94–455 807 ....................................................... 90 1606 ............. 1177–1

1977

Dec. 13 95–208 1 ........................................................... 91 1475 ............. 1501 nt

2 ........................................................... 91 1475 ............. 1501

3 ........................................................... 91 1476 ............. 1502

4........................................................... 91 1476 ............. 1503

5 ........................................................... 91 1477 ............. 1504

6 ........................................................... 91 1478 ............. 1505

7 ........................................................... 91 1479 ............. 1506

8 ........................................................... 91 1479 ............. 1507

1980

Sept. 15 96–350 1 ........................................................... 941159 ............. 1901
272

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Date Chapter or

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(46 App. unless otherwise

specified)

Volume Page

2 ........................................................... 941160 ............. 1902

3 ........................................................... 941160 ............. 1903

4........................................................... 94 1160 ............. 1904

Oct. 6 96–382 1 ........................................................... 941525 ............. 763a

Oct. 7 96–387 5 ........................................................... 941546 ............. 1121–1

1981

Aug. 6 97–31 2 ........................................................... 95 151 ............... 1601

3 ........................................................... 95 151 ............... 1602

4........................................................... 95 151 ............... 1603

5 ........................................................... 95 151 ............... 1604

6 ........................................................... 95 151 ............... 1605

8 ........................................................... 95 152 ............... 1607

9 ........................................................... 95 152 ............... 1608

1982

Oct. 15 97–322 201 ....................................................... 96 1588 ............. 446 nt

204 ....................................................... 96 1589 ............. 446

205 ....................................................... 96 1589 ............. 446a

206 ....................................................... 96 1590 ............. 446b

207 ....................................................... 96 1590 ............. 446c

1984

Mar. 20 98–237 1 ........................................................... 98 67 ................. 1701 nt

2 ........................................................... 98 67 ................. 1701

3 ........................................................... 98 67 ................. 1702

4........................................................... 98 70 ................. 1703

5 ........................................................... 98 70 ................. 1704

6 ........................................................... 98 72 ................. 1705

7 ........................................................... 98 73 ................. 1706

8 ........................................................... 98 74................. 1707

9 ........................................................... 98 76 ................. 1708

10 ......................................................... 98 77 ................. 1709

11 ......................................................... 98 80 ................. 1710

12 ......................................................... 98 81 ................. 1711

13 ......................................................... 98 82 ................. 1712

14......................................................... 98 83 ................. 1713

15 ......................................................... 98 84................. 1714

16 ......................................................... 98 84................. 1715

17 ......................................................... 98 84................. 1716

19 ......................................................... 98 87 ................. 1718

20(e) ..................................................... 98 90 ................. 1719

Oct. 5 98–454 302 ....................................................... 98 1734 ............. 808a

Oct. 30 98–563 ............................................................... 98 2916 ............. 289c

1985

Dec. 23 99–198 1141 ..................................................... 99 1490 ............. 1241d

1143 ..................................................... 99 1496 ............. 1241p

1986

Aug. 27 99–399 902 ....................................................... 100 889 ............... 1801

905 ....................................................... 100 890 ............... 1802

907 ....................................................... 100 891 ............... 1803

908 ....................................................... 100 891 ............... 1804

909 ....................................................... 100 892 ............... 1805

910 ....................................................... 100 892 ............... 1806

911 ....................................................... 100 892 ............... 1807

912 ....................................................... 100 892 ............... 1808

913 ....................................................... 100 892 ............... 1809

1987

Dec. 22 100–202 101(a) [title V (par. under heading

‘‘Ocean Freight Differential’’)].

101 1329, ............

1329–27 .......

1241h nt

101(a) [title V (4th proviso on p.

1329-28)].

101 1329, ............

1329–28 .......

1295c–1

1988

May 30 100–3241 ........................................................... 102 576 ............... 2001 nt

2 ........................................................... 102 576 ............... 2001

3 ........................................................... 102 576 ............... 2002

4........................................................... 102 576 ............... 2003

5 ........................................................... 102 576 ............... 2004

6 ........................................................... 102 577 ............... 2005

7 ........................................................... 102 577 ............... 2006

8 ........................................................... 102 577 ............... 2007

Aug. 23 100–418 10002 ................................................... 102 1570 ............. 1710a

1989

Oct. 13 101–115 4........................................................... 103 692 ............... 1295c nt

8 ........................................................... 103 694............... 1121–2

1990

Nov. 28 101–6241521 ..................................................... 1043665 ............. 1241q
273

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(46 App. unless otherwise

specified)

Volume Page

1522 ..................................................... 1043665 ............. 1241r

1523 ..................................................... 1043666 ............. 1241s

1524..................................................... 104 3667 ............. 1241t

1526 ..................................................... 1043668 ............. 1241u

1527 ..................................................... 1043668 ............. 1241v

1993

Nov. 30 103–160 1358 ..................................................... 107 1816 ............. 1280a

1996

Oct. 19 104–324 1117 ..................................................... 110 3973 ............. 46 U.S.C.

12101 nt

1120(f) ................................................. 110 3978 ............. 883 nt

1998

Oct. 14105–258 401 ....................................................... 112 1916 ............. 1273a

Oct. 21 105–277 203(b)–(e) ............................................ 112 2681–619 ..... 46 U.S.C.

12102 nt

Nov. 13 105–383 502–504 ............................................... 112 3445 ............. 46 U.S.C.

12106 nt

2000

Oct. 30 106–398 1 [§ 3506] ............................................. 1141654, ............

1654A–494 ...

1118 nt

2002

Nov. 25 107–295 403 ....................................................... 116 2114 ............. 46 U.S.C.

12119 nt

404 ....................................................... 116 2114 ............. 316a

2003

Nov. 24108–136 3527 ..................................................... 117 1802 ............. 1280b

Reorganization Plans

Year Plan No. Section

Statutes at Large

Volume Page

1949 6 ............... ............................................................................. 63 1069

1950 21 ............. 201, 203, 204..................................................... 64 1276

1961 7 ............... 101–105, 201, 301, 302 ..................................... 75 840, 842

1 SEC. 18. EFFECTIVE DATE.

2 This Act shall take effect on October 1, 2004, or the date of enactment

3 of this Act, whichever is later.

Passed the House of Representatives September 28,

2004.

Attest:

Clerk.