H. R. 1442—188
‘‘(1) employ another person as the managing or operating 
agent of the operator; or 
‘‘(2) charter a vessel, on which an operating-differential 
subsidy is to be paid, for operation by another person. 
‘‘(b) APPLICABILITY OF PROVISIONS TO CHARTERER.—If a charter 
prohibited by this section is made, the person operating the char-
tered vessel is subject to all the provisions of this subtitle and 
the operating-differential subsidy program, including limitations 
of profits and salaries. 
‘‘§ 58104. Willful violation constitutes breach of contract or 
charter 
‘‘A willful violation of any provision of sections 58101–58103 
of this title constitutes a breach of the contract or charter. On 
determining that a violation has occurred, the Secretary of 
Transportation may declare the contract or charter rescinded. 
‘‘§ 58105. Preferences for cargo in which charterer has 
interest 
‘‘A contractor receiving an operating-differential subsidy, or 
a charterer under chapter 575 of this title, may not unjustly 
discriminate in any manner so as to give preference, directly or 
indirectly, to cargo in which the contractor or charterer has a 
direct or indirect ownership, purchase, or vending interest. 
‘‘§ 58106. Concerted discriminatory activities 
‘‘(a) PROHIBITION.—A contractor receiving an operating-differen-
tial subsidy, or a charterer under chapter 575 of this title, may 
not continue as a party to or conform to an agreement with another 
carrier by water, or engage in a practice in concert with another 
carrier by water, that is unjustly discriminatory or unfair to any 
other citizen of the United States operating a common carrier 
by water employing only vessels documented under the laws of 
the United States on an established trade route from and to a 
United States port. 
‘‘(b) GOVERNMENT PAYMENT PROHIBITED.—No payment or sub-
sidy of any kind may be paid, directly or indirectly, out of funds 
of the United States Government to a contractor or charterer that 
has violated subsection (a). 
‘‘(c) CIVIL ACTION.—A person whose business or property is 
injured by a violation of subsection (a) may bring a civil action 
in the district court of the United States for the district in which 
the defendant resides, is found, or has an agent. If the person 
prevails, the person shall be awarded—
‘‘(1) 3 times the damages; and 
‘‘(2) costs, including reasonable attorney fees. 
‘‘§ 58107. Discrimination at ports by water common carriers 
‘‘(a) PROHIBITION.—A common carrier by water may not, directly 
or indirectly, through an agreement, conference, association, under-
standing, or otherwise, prevent or attempt to prevent any other 
common carrier by water from serving any port described in sub-
section (b) at the same rates the first carrier charges at the nearest 
port already regularly served by it. 
‘‘(b) PORTS.—A port referred to in subsection (a) is one that 
is—
‘‘(1) designed for the accommodation of ocean-going vessels;
H. R. 1442—189
‘‘(2) located on an improvement project authorized by law 
or by a Federal agency; and 
‘‘(3) located within the continental limits of the United 
States. 
‘‘(c) OTHER AUTHORITY NOT LIMITED.—This section does not 
limit the authority otherwise vested in the Secretary of Transpor-
tation and the Federal Maritime Commission. 
‘‘§ 58108. Charges for transportation subject to subtitle IV 
of title 49
‘‘(a) PROHIBITION.—A carrier may not charge, collect, or receive 
for transportation subject to subtitle IV of title 49 of persons or 
property, under any joint rate, fare, or charge, or under any export, 
import, or other proportional rate, fare, or charge, that is based 
in whole or in part on the fact that the persons or property affected 
are to be transported to, or have been transported from, a port 
in a territory or possession of the United States or in a foreign 
country, by a carrier by water in foreign commerce, any lower 
rate, fare, or charge than the carrier charges, collects, or receives 
for the transportation of persons or similar property for the same 
distance, in the same direction, and over the same route, in com-
merce wholly within the United States, unless the vessel used 
for the transportation is or was at the time of the transportation 
documented under the laws of the United States. 
‘‘(b) SUSPENSION OF PROHIBITION.—Whenever the Secretary of 
Transportation believes that adequate shipping facilities to or from 
any port in a territory or possession of the United States or a 
foreign country are not being provided by vessels documented under 
the laws of the United States, the Secretary shall certify this 
fact to the Surface Transportation Board. On receiving the certifi-
cation, the Board may by order suspend the operation of subsection 
(a) with respect to the rates, fares, and charges for the transpor-
tation by rail of persons and property transported from or to be 
transported to those ports, for such time and under such terms 
and conditions as the Secretary may specify in the order or in 
any supplemental order. 
‘‘(c) TERMINATION
OF SUSPENSION.—Whenever the Secretary 
believes that adequate shipping facilities are being provided to 
those ports by vessels documented under the laws of the United 
States, and certifies that fact to the Board, the Board may order 
the termination of the suspension. 
‘‘§ 58109. Penalties 
‘‘(a) INDIVIDUALS.—An individual convicted of violating section 
58101(d), 58103, or 58105 of this title shall be fined under title 
18, imprisoned for at least one year but not more than 5 years, 
or both. 
‘‘(b) ORGANIZATIONS.—An organization convicted of committing 
an act prohibited by this subtitle shall be fined under title 18. 
‘‘(c) INELIGIBILITY TO RECEIVE BENEFITS.—An individual or 
organization convicted of violating a section referred to in subsection 
(a) is ineligible, at the discretion of the Secretary of Transportation, 
to receive any benefit under the construction-differential subsidy 
or operating-differential subsidy programs, or a charter under 
chapter 575 of this title, for 5 years after the conviction.’’.
H. R. 1442—190
SEC. 9. SUBTITLE VI OF TITLE 46. 
(a) REDESIGNATION.—Title 46, United States Code, is amended 
by redesignating subtitle VI as subtitle VII. 
(b) NEW SUBTITLE.—Title 46, United States Code, is amended 
by inserting after subtitle V the following: 
‘‘Subtitle VI—Clearance, Tonnage Taxes, and 
Duties
‘‘Chapter 
Sec. 
‘‘601. Arrival and Departure Requirements ................................................ 60101
‘‘603. Tonnage Taxes and Light Money ........................................................ 60301
‘‘605. Discriminating Duties and Reciprocal Privileges .......................... 60501
‘‘CHAPTER 601—ARRIVAL AND DEPARTURE 
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.
‘‘§ 60101. Boarding arriving vessels before inspection 
‘‘(a) REGULATIONS.—The Secretary of Homeland Security shall 
prescribe and enforce regulations on the boarding of a vessel 
arriving at a port of the United States before the vessel has been 
inspected and secured. 
‘‘(b) CRIMINAL PENALTY.—A person violating a regulation pre-
scribed under this section shall be fined under title 18, imprisoned 
for not more than 6 months, or both. 
‘‘(c) RELATIONSHIP TO OTHER LAW.—This section shall be con-
strued as supplementary to section 2279 of title 18. 
‘‘§ 60102. Production of certificate on entry 
‘‘On entry of a vessel documented under chapter 121 of this 
title, the master or other individual in charge of the vessel shall 
produce the certificate of documentation to the customs officer at 
the place where the vessel is entered. If the certificate is not 
produced, the vessel is not entitled to the privileges of a documented 
vessel. 
‘‘§ 60103. Oath of ownership on entry 
‘‘(a) REQUIRED STATEMENT.—On entry of a vessel of the United 
States from a foreign port, the individual designated under sub-
section (b) shall state under oath that—
‘‘(1) the vessel’s certificate of documentation contains the 
names of all the owners of the vessel; or 
‘‘(2) part of the ownership has been transferred since the 
certificate was issued and, to the best of the individual’s knowl-
edge and belief, the vessel is still owned only by citizens of 
the United States. 
‘‘(b) PERSON TO MAKE STATEMENT.—The statement under sub-
section (a) shall be made by—
‘‘(1) an owner if one resides at the port of entry; or
H. R. 1442—191
‘‘(2) the master if an owner does not reside at the port 
of entry. 
‘‘(c) CONSEQUENCE OF NOT MAKING STATEMENT.—If the appro-
priate individual does not make the statement required by this 
section, the vessel is not entitled to the privileges of a vessel 
of the United States. 
‘‘§ 60104. Depositing certificates of documentation with con-
sular officers 
‘‘(a) REQUIREMENT OF MASTER.—When a vessel owned by citi-
zens of the United States, on a voyage from a port in the United 
States, arrives at a foreign port, the master of the vessel shall 
deposit the vessel’s certificate of documentation with a consular 
officer at the foreign port if there is a consular officer at that 
port. 
‘‘(b) RETURN OF CERTIFICATE.—When the master produces a 
clearance from the appropriate officer of the foreign port, the con-
sular officer shall return the certificate of documentation to the 
master if the master has complied with the provisions of law related 
to the discharge of seamen in a foreign country and the payment 
of fees of consular officers. 
‘‘(c) CIVIL PENALTY AND COLLECTION.—The master of a vessel 
failing to deposit the certificate of documentation as required by 
subsection (a) is liable to the United States Government for a 
civil penalty of $500. The consular officer shall bring an action 
to recover the penalty in any court of competent jurisdiction. The 
action shall be brought in the name of the consular officer for 
the benefit of the United States. 
‘‘§ 60105. Clearance of vessels 
‘‘(a) VESSELS
OF
THE UNITED STATES.—Except as otherwise 
provided by law, a vessel of the United States shall obtain clearance 
from the Secretary of Homeland Security before proceeding from 
a port or place in the United States—
‘‘(1) for a foreign port or place; 
‘‘(2) for another port or place in the United States if the 
vessel has on board foreign merchandise for which entry has 
not been made; or 
‘‘(3) outside the territorial sea to visit a hovering vessel 
or to receive merchandise while outside the territorial sea. 
‘‘(b) OTHER VESSELS.—Except as otherwise provided by law, 
a vessel that is not a vessel of the United States shall obtain 
clearance from the Secretary before proceeding from a port or 
place in the United States—
‘‘(1) for a foreign port or place; 
‘‘(2) for another port or place in the United States; or 
‘‘(3) outside the territorial sea to visit a hovering vessel 
or to receive or deliver merchandise while outside the territorial 
sea. 
‘‘(c) REGULATIONS.—The Secretary may by regulation—
‘‘(1) prescribe the manner in which clearance under this 
section is to be obtained, including the documents, data, or 
information which shall be submitted or transmitted, pursuant 
to an authorized data interchange system, to obtain the clear-
ance;
H. R. 1442—192
‘‘(2) permit clearance to be obtained before all requirements 
for clearance are complied with, but only if the owner or oper-
ator of the vessel files a bond in an amount set by the Secretary 
conditioned on the compliance by the owner or operator with 
all specified requirements for clearance within a time period 
(not exceeding 4 business days) established by the Secretary; 
and 
‘‘(3) permit clearance to be obtained at a place other than 
a designated port of entry, under conditions the Secretary may 
prescribe. 
‘‘§ 60106. State inspection laws 
‘‘When State law requires a certificate of inspection for goods 
carried on a vessel, a vessel transporting the goods may not be 
cleared until the certificate is produced. 
‘‘§ 60107. Payment of fees on departing vessel 
‘‘A departing vessel may be cleared only when all legal fees 
that have accrued on the vessel are paid and proof of payment 
is presented to the individual granting the clearance. 
‘‘§ 60108. Duty to transport tendered cargo 
‘‘Clearance may be refused to a vessel or vehicle transporting 
cargo destined for a domestic or foreign port when the owner, 
master, or other individual in charge refuses to accept cargo ten-
dered in good condition, with proper charges, for the same or 
an intermediate port by a citizen of the United States. This section 
does not apply if the vessel or vehicle is already fully loaded 
(giving appropriate consideration to its proper loading) or is not 
adaptable to transport the tendered cargo. 
‘‘§ 60109. Duty to transport money and securities of the 
United States Government 
‘‘Before being given clearance, a vessel owned by a citizen 
of the United States and bound on a voyage from a port in the 
United States to another port in the United States or in a foreign 
country, or on a voyage from a port in a foreign country to a 
port in the United States, shall receive on board any bullion, coin, 
notes, bonds, or other securities of the United States Government 
that an agency, consular officer, or other agent of the Government 
offers. The vessel shall transport the items securely and deliver 
them promptly to the proper authorities or consignees on arriving 
at the port of destination. Compensation shall be paid for services 
provided under this section that is equal to compensation paid 
to other carriers in the ordinary transaction of business.
‘‘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.
H. R. 1442—193
‘‘60311.
Hospital vessels in time of war. 
‘‘60312.
Rights under treaties preserved.
‘‘§ 60301. Regular tonnage taxes 
‘‘(a) LOWER RATE.—A tax is imposed at the rate of 2 cents 
per ton (but not more than a total of 10 cents per ton per year) 
at each entry in a port of the United States of—
‘‘(1) a vessel entering from a foreign port or place in North 
America, Central America, the West Indies Islands, the Bahama 
Islands, the Bermuda Islands, or the coast of South America 
bordering the Caribbean Sea; or 
‘‘(2) a vessel returning to the same port or place in the 
United States from which it departed, and not entering the 
United States from another port or place, except—
‘‘(A) a vessel of the United States; 
‘‘(B) a recreational vessel (as defined in section 2101 
of this title); or 
‘‘(C) a barge. 
‘‘(b) HIGHER RATE.—A tax is imposed at the rate of 6 cents 
per ton (but not more than a total of 30 cents per ton per year) 
on a vessel at each entry in a port of the United States from 
a foreign port or place not named in subsection (a)(1). 
‘‘(c) EXCEPTION FOR VESSELS ENTERING OTHER THAN BY SEA.—
Subsection (a) does not apply to a vessel entering other than by 
sea from a foreign port or place at which tonnage, lighthouse, 
or other equivalent taxes are not imposed on vessels of the United 
States. 
‘‘§ 60302. Special tonnage taxes 
‘‘(a) ENTRY FROM FOREIGN PORT
OR PLACE.—Regardless of 
whether a tax is imposed under section 60301 of this title, a 
tax is imposed on a vessel at each entry in a port of the United 
States from a foreign port or place at the following rates: 
‘‘(1) 30 cents per ton on a vessel built in the United States 
but owned in any part by a subject of a foreign country. 
‘‘(2) 50 cents per ton on other vessels not of the United 
States. 
‘‘(3) 50 cents per ton on a vessel of the United States 
having an officer who is not a citizen of the United States. 
‘‘(4) $2 per ton on a foreign vessel entering from a foreign 
port or place at which vessels of the United States are not 
ordinarily allowed to enter and trade. 
‘‘(b) VESSELS NOT OF THE UNITED STATES TRANSPORTING PROP-
ERTY BETWEEN DISTRICTS.—Regardless of whether a tax is imposed 
under section 60301 of this title, a tax of 50 cents per ton is 
imposed on a vessel not of the United States at each entry in 
one customs district from another district when transporting goods 
loaded in one district to be delivered in another district. 
‘‘(c) EXCEPTION
FOR VESSELS BECOMING DOCUMENTED.—The 
tax of 50 cents per ton under this section does not apply to a 
vessel that—
‘‘(1) is owned only by citizens of the United States; and 
‘‘(2) after entering a port of the United States, becomes 
documented as a vessel of the United States before leaving 
that port.
H. R. 1442—194
‘‘§ 60303. Light money 
‘‘(a) IMPOSITION OF TAX.—A tax of 50 cents per ton, to be 
called ‘light money’, is imposed on a vessel not of the United 
States at each entry in a port of the United States. This tax 
shall be imposed and collected under the same regulations that 
apply to tonnage taxes. 
‘‘(b) EXCEPTION FOR VESSELS OWNED BY CITIZENS.—
‘‘(1) IN GENERAL.—Subsection (a) does not apply to a vessel 
owned only by citizens of the United States if—
‘‘(A) the vessel is carrying a regular document issued 
by a customhouse of the United States proving the vessel 
to be owned only by citizens of the United States; and 
‘‘(B) on entry of the vessel from a foreign port, the 
individual designated under paragraph (2) states under 
oath that—
‘‘(i) the document contains the names of all the 
owners of the vessel; or 
‘‘(ii) part of the ownership has been transferred 
since the document was issued and, to the best of 
that individual’s knowledge and belief, the vessel is 
still owned only by citizens of the United States. 
‘‘(2) PERSON TO MAKE STATEMENT.—The statement under 
paragraph (1)(B) shall be made by—
‘‘(A) an owner if one resides at the port of entry; 
or 
‘‘(B) the master if an owner does not reside at the 
port of entry. 
‘‘(c) EXCEPTION FOR VESSELS BECOMING DOCUMENTED.—Sub-
section (a) section does not apply to a vessel that—
‘‘(1) is owned only by citizens of the United States; and 
‘‘(2) after entering a port of the United States, becomes 
documented as a vessel of the United States before leaving 
that port. 
‘‘§ 60304. Presidential suspension of tonnage taxes and light 
money 
‘‘If the President is satisfied that the government of a foreign 
country does not impose discriminating or countervailing duties 
to the disadvantage of the United States, the President shall sus-
pend the imposition of special tonnage taxes and light money under 
sections 60302 and 60303 of this title on vessels of that country. 
‘‘§ 60305. Vessels in distress 
‘‘A vessel is exempt from tonnage taxes and light money when 
it enters because it is in distress. 
‘‘§ 60306. Vessels not engaged in trade 
‘‘A vessel is exempt from tonnage taxes and light money when 
not engaged in trade. 
‘‘§ 60307. Vessels engaged in coastwise trade or the fisheries 
‘‘A vessel with a registry endorsement or a coastwise endorse-
ment, trading from one port in the United States to another port 
in the United States or employed in the bank, whale, or other 
fisheries, is exempt from tonnage taxes and light money.
H. R. 1442—195
‘‘§ 60308. Vessels engaged in Great Lakes trade 
‘‘A documented vessel with a registry endorsement, engaged 
in foreign trade on the Great Lakes or their tributary or connecting 
waters in trade with Canada, does not become subject to tonnage 
taxes or light money because of that trade. 
‘‘§ 60309. Passenger vessels making trips between ports of 
the United States and foreign ports 
‘‘A passenger vessel making at least 3 trips per week between 
a port of the United States and a foreign port is exempt from 
tonnage taxes and light money. 
‘‘§ 60310. Vessels making daily trips on interior waters 
‘‘A vessel making regular daily trips between a port of the 
United States and a port of Canada only on interior waters not 
navigable to the ocean is exempt from tonnage taxes and light 
money, except on its first clearing each year. 
‘‘§ 60311. Hospital vessels in time of war 
‘‘In time of war, a hospital vessel is exempt from tonnage 
taxes, light money, and pilotage charges in the ports of the United 
States if the vessel is one for which the conditions of the inter-
national convention for the exemption of hospital ships from tax-
ation in time of war, concluded at The Hague on December 21, 
1904, are satisfied. The President by proclamation shall name the 
vessels for which the conditions are satisfied and state when the 
exemption begins and ends. 
‘‘§ 60312. Rights under treaties preserved 
‘‘This chapter and chapter 605 of this title do not affect a 
right or privilege of a foreign country relating to tonnage taxes 
or other duties on vessels under a law or treaty of the United 
States.
‘‘CHAPTER 605—DISCRIMINATING DUTIES AND 
RECIPROCAL PRIVILEGES
‘‘Sec. 
‘‘60501.
Vessels allowed to import. 
‘‘60502.
Discriminating duty on goods imported in foreign vessels or from contig-
uous 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.
‘‘§ 60501. Vessels allowed to import 
‘‘(a) IN GENERAL.—Except as otherwise provided by treaty, 
goods may be imported into the United States from a foreign 
port or place only in—
‘‘(1) a vessel of the United States; or 
‘‘(2) a foreign vessel owned only by citizens or subjects 
of the country—
‘‘(A) in which the goods are grown, produced, or manu-
factured; or 
‘‘(B) from which the goods can only be, or most usually 
are, first shipped for transportation.
H. R. 1442—196
‘‘(b) EXCEPTION FOR VESSELS OF COUNTRIES NOT MAINTAINING 
SIMILAR RESTRICTIONS.—Subsection (a) does not apply to a vessel 
of a foreign country that does not maintain a similar restriction 
against United States documented vessels. 
‘‘(c) EXCEPTION FOR VESSELS BECOMING DOCUMENTED.—Sub-
section (a) does not apply to a vessel that—
‘‘(1) is owned only by citizens of the United States; and 
‘‘(2) after entering a port of the United States, becomes 
documented as a vessel of the United States before leaving 
that port. 
‘‘(d) SEIZURE AND FORFEITURE.—If goods are imported in viola-
tion of this section, the goods and the vessel in which they are 
imported, along with its equipment and other cargo, may be seized 
by and forfeited to the United States Government. 
‘‘§ 60502. Discriminating duty on goods imported in foreign 
vessels or from contiguous countries 
‘‘(a) IMPOSITION OF DUTY.—A discriminating duty of 10 percent 
ad valorem (in addition to other duties imposed by law) is imposed 
on goods—
‘‘(1) imported in a vessel not of the United States unless 
the vessel—
‘‘(A) is entitled by law or treaty to enter the ports 
of the United States on payment of the same duties as 
are payable on goods imported in a vessel of the United 
States; or 
‘‘(B)(i) is owned only by citizens of the United States; 
and 
‘‘(ii) after entering a port of the United States, becomes 
documented as a vessel of the United States before leaving 
that port; or 
‘‘(2) produced or manufactured in a foreign country not 
contiguous to the United States and imported from a country 
contiguous to the United States, unless imported in the usual 
course of strictly retail trade. 
‘‘(b) SEIZURE AND FORFEITURE.—If goods are imported without 
payment of the duty required by this section, the goods and the 
vessel in which they are imported may be seized by, and forfeited 
to, the United States Government. 
‘‘§ 60503. Reciprocal suspension of discriminating duties 
‘‘(a) GENERAL AUTHORITY.—On receiving satisfactory proof from 
the government of a foreign country that it has suspended, in 
any part, the imposition of discriminating duties for any class 
of vessels owned by citizens of the United States or goods imported 
in those vessels, the President may proclaim a reciprocal suspension 
of discriminating duties for the same class of vessels owned by 
citizens of that country or goods imported in those vessels. 
‘‘(b) EFFECTIVE AND EXPIRATION DATES.—A suspension under 
this section takes effect retroactively from the date the President 
received the proof from the foreign government, and expires when 
that government stops granting the reciprocal suspension. 
‘‘§ 60504. Reciprocal privileges for recreational vessels 
‘‘When the President is satisfied that yachts owned by residents 
of the United States and used only for pleasure are allowed to 
arrive at, depart from, and cruise in the waters of a foreign port
H. R. 1442—197
without entering, clearing, or paying any duties or fees (including 
cruising license fees), the Secretary of Homeland Security may 
allow yachts from that foreign port used only for pleasure to arrive 
at and depart from the ports of the United States and to cruise 
in the waters of the United States without paying any duties 
or fees. However, the Secretary may require foreign yachts to obtain 
a license to cruise in the waters of the United States. The license 
shall be in the form prescribed by the Secretary and contain limita-
tions about length of time, direction, place of cruising and action, 
and other matters the Secretary considers appropriate. The license 
shall be issued without cost to the yacht. 
‘‘§ 60505. Retaliatory suspension of commercial privileges 
‘‘(a) GENERAL AUTHORITY.—The President may proclaim a 
suspension of commercial privileges to vessels of a foreign country 
when—
‘‘(1) vessels of that country have been given the same 
commercial privileges in the ports and waters of the United 
States given to vessels of the United States (except the privilege 
of engaging in coastwise commerce); and 
‘‘(2) vessels of the United States are denied commercial 
privileges in the ports or waters of that country given to vessels 
of that country. 
‘‘(b) APPLICATION.—A suspension under this section shall apply 
to the same commercial privileges denied to vessels of the United 
States in the ports or waters of the foreign country, and to the 
same class of vessels of that country as the class of vessels of 
the United States denied the privileges. 
‘‘(c) EFFECTIVE DATE.—The President shall designate the effec-
tive date of the suspension in the proclamation. 
‘‘(d) PENALTIES.—
‘‘(1) SEIZURE AND FORFEITURE.—If the master, officer, or 
agent of a vessel of a foreign country does an act for the 
vessel in the ports or waters of the United States in violation 
of a proclamation issued under this section, the vessel and 
the goods on the vessel may be seized by, and forfeited to, 
the United States Government. 
‘‘(2) FINE OR IMPRISONMENT.—A person opposing an official 
of the Government enforcing this section shall be fined under 
title 18, imprisoned for not more than 2 years, or both. 
‘‘§ 60506. Retaliation against British dominions of North 
America 
‘‘(a) GENERAL AUTHORITY.—The President by proclamation may 
prohibit vessels of the British dominions of North America, their 
masters and crews, and products of or coming from those dominions, 
from entering waters, ports, or places of the United States when 
the President is satisfied that—
‘‘(1) fishermen or fishing vessels of the United States in 
waters, ports, or places of the British dominions of North 
America are being or recently have been—
‘‘(A) denied rights provided by law or treaty; 
‘‘(B) subjected to unreasonable restrictions in the exer-
cise of those rights; or 
‘‘(C) otherwise harassed; 
‘‘(2) fishermen or fishing vessels of the United States, 
having a permit under the laws of the United States to dock
H. R. 1442—198
or trade at a port or place in the British dominions of North 
America, are being or recently have been—
‘‘(A) denied the privilege of entering the port or place 
in the same manner and under the same regulations 
applicable to trading vessels of the most-favored-nation; 
‘‘(B) prevented from buying supplies allowed to be sold 
to trading vessels of the most-favored-nation; or 
‘‘(C) otherwise harassed; or 
‘‘(3) other vessels of the United States or their masters 
or crews in waters, ports, or places of the British dominions 
of North America are being or recently have been—
‘‘(A) denied privileges given to vessels of the most-
favored-nation or their masters or crews; or 
‘‘(B) otherwise harassed. 
‘‘(b) COVERAGE
AND EXCEPTIONS.—The President may apply 
a proclamation under this section to any of the subjects named, 
and may include exceptions for vessels in distress or need of sup-
plies. The President may change, revoke, and renew the proclama-
tion. 
‘‘(c) PENALTIES.—A person violating a proclamation issued 
under this section shall be fined under title 18, imprisoned for 
not more than 2 years, or both. A vessel or goods found in waters, 
ports, or places of the United States in violation of the proclamation 
may be seized by, and forfeited to, the United States Government. 
‘‘§ 60507. Suspension of free passage through Saint Marys 
Falls Canal 
‘‘(a) PURPOSE.—The purpose of this section is to secure recip-
rocal advantages for the citizens, ports, and vessels of the United 
States. 
‘‘(b) GENERAL AUTHORITY.—When the President is satisfied that 
vessels of the United States, or passengers or cargo being trans-
ported to a port of the United States, are prohibited from passing 
through a canal or lock connected with the navigation of the Saint 
Lawrence River, the Great Lakes, or their connecting waterways, 
or burdened in that passage by tolls or other means that are 
unreasonable in view of the free passage through the Saint Marys 
Falls Canal allowed to vessels of all countries, the President by 
proclamation may suspend the right of free passage through the 
Saint Marys Falls Canal for vessels owned by subjects of the country 
imposing the prohibition, tolls, or other burdens and for passengers 
and cargo being transported to the ports of that country, even 
when carried in vessels of the United States. The suspension shall 
apply to the extent and for the time the President considers appro-
priate. 
‘‘(c) IMPOSITION OF TOLL.—
‘‘(1) IN GENERAL.—During a suspension under this section, 
the President shall impose a toll of not more than $2 per 
ton on cargo and not more than $5 on each passenger. 
‘‘(2) EXCEPTIONS.—Notwithstanding paragraph (1), a toll 
may not be imposed on passengers or cargo landed at 
Ogdensburg, New York, or any port west of Ogdensburg and 
south of a line drawn from the northern boundary of New 
York through the Saint Lawrence River, the Great Lakes, and 
their connecting channels to the northern boundary of Min-
nesota. 
‘‘(d) COLLECTION OF TOLL.—
H. R. 1442—199
‘‘(1) IN GENERAL.—A toll imposed under this section shall 
be collected under regulations prescribed by the Secretary of 
Homeland Security. The Secretary may require the master 
of a vessel to provide a sworn statement of the amount and 
kind of cargo, the number of passengers, and the destination 
of the passengers and cargo. 
‘‘(2) PROOF OF LANDING.—When applicable, the Secretary 
also may require satisfactory proof that the passengers and 
cargo were landed at a port described in subsection (c)(2). 
Until that proof is provided, the Secretary may assume the 
passengers and cargo were not landed at such a port, and 
the amount of a toll that otherwise would be imposed is a 
lien enforceable against the vessel when found in the waters 
of the United States.’’.
SEC. 10. SUBTITLE VII OF TITLE 46. 
Subtitle VII of title 46, United States Code, as redesignated 
by section 9(a) of this Act, is amended as follows: 
(1) The subtitle heading and analysis are amended to read 
as follows: 
‘‘Subtitle VII—Security and Drug Enforcement
‘‘Chapter 
Sec.
‘‘701. Port Security ............................................................................................70101
‘‘703. Maritime Security ...................................................................................70301
‘‘705. Maritime Drug Law Enforcement .......................................................70501’’.
(2) Add after chapter 701 the following:
‘‘CHAPTER 703—MARITIME SECURITY
‘‘Sec. 
‘‘70301.
Definitions. 
‘‘70302.
International measures for seaport and vessel security. 
‘‘70303.
Security standards at foreign ports. 
‘‘70304.
Travel advisories on security at foreign ports. 
‘‘70305.
Suspension of passenger services. 
‘‘70306.
Report on terrorist threats.
‘‘§ 70301. Definitions 
‘‘In this chapter: 
‘‘(1) COMMON
CARRIER.—The term ‘common carrier’ has 
the meaning given that term in section 40102 of this title. 
‘‘(2) PASSENGER VESSEL.—The term ‘passenger vessel’ has 
the meaning given that term in section 2101 of this title. 
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary 
of the department in which the Coast Guard is operating. 
‘‘§ 70302. International measures for seaport and vessel secu-
rity 
‘‘Congress encourages the President to continue to seek agree-
ment on international seaport and vessel security through the Inter-
national Maritime Organization. In developing an agreement, each 
member country of the International Maritime Organization should 
consult with appropriate private sector interests in that country. 
The agreement would establish seaport and vessel security meas-
ures and could include—
‘‘(1) seaport screening of cargo and baggage similar to that 
done at airports;
H. R. 1442—200
‘‘(2) security measures to restrict access to cargo, vessels, 
and dockside property to authorized personnel only; 
‘‘(3) additional security on board vessels; 
‘‘(4) licensing or certification of compliance with appropriate 
security standards; and 
‘‘(5) other appropriate measures to prevent unlawful acts 
against passengers and crews on vessels. 
‘‘§ 70303. Security standards at foreign ports 
‘‘(a) GENERAL REQUIREMENTS.—The Secretary shall develop and 
implement a plan to assess the effectiveness of the security meas-
ures maintained at foreign ports that the Secretary, in consultation 
with the Secretary of State, determines pose a high risk of acts 
of terrorism against passenger vessels. In carrying out this sub-
section, the Secretary shall consult with the Secretary of State 
about the terrorist threat that exists in each country and poses 
a high risk of acts of terrorism against passenger vessels. 
‘‘(b) NOTICE AND RECOMMENDATIONS TO OTHER COUNTRIES.—
If the Secretary, after implementing the plan under subsection 
(a), determines that a port does not maintain and administer effec-
tive security measures, the Secretary of State (after being informed 
by the Secretary) shall—
‘‘(1) notify the appropriate government authorities of the 
country in which the port is located of the determination; 
and 
‘‘(2) recommend steps necessary to bring the security meas-
ures at that port up to the standard used by the Secretary 
in making the assessment under subsection (a). 
‘‘(c) ANTITERRORISM ASSISTANCE.—The President is encouraged 
to provide antiterrorism assistance related to maritime security 
under chapter 8 of part II of the Foreign Assistance Act of 1961 
(22 U.S.C. 2349aa et seq.) to foreign countries, especially for a 
port that the Secretary determines under subsection (b) does not 
maintain and administer effective security measures. 
‘‘§ 70304. Travel advisories on security at foreign ports 
‘‘(a) GENERAL REQUIREMENTS.—On being notified by the Sec-
retary that the Secretary has determined that a condition exists 
that threatens the safety or security of passengers, passenger ves-
sels, or crew traveling to or from a foreign port that the Secretary 
has determined under section 70303(b) of this title does not main-
tain and administer effective security measures, the Secretary of 
State immediately shall issue a travel advisory for that port. The 
Secretary of State shall take the necessary steps to widely publicize 
the travel advisory. 
‘‘(b) LIFTING ADVISORIES.—A travel advisory issued under sub-
section (a) may be lifted only if the Secretary, in consultation 
with the Secretary of State, has determined that effective security 
measures are maintained and administered at the port. 
‘‘(c) NOTICE TO CONGRESS.—The Secretary of State shall notify 
Congress immediately of any change in the status of a travel 
advisory issued under this section. 
‘‘§ 70305. Suspension of passenger services 
‘‘(a) GENERAL AUTHORITY.—Whenever the President determines 
that a foreign nation permits the use of territory under its jurisdic-
tion as a base of operations or training for, or as a sanctuary
H. R. 1442—201
for, or in any way arms, aids, or abets, a terrorist or terrorist 
group that knowingly uses the illegal seizure of passenger vessels 
or the threat thereof as an instrument of policy, the President 
may suspend the right of any passenger vessel common carrier 
to operate to or from, and the right of any passenger vessel of 
the United States to use, a port in that foreign nation for passenger 
service. The suspension may be without notice or hearing and 
for as long as the President determines is necessary to ensure 
the security of passenger vessels against unlawful seizure. 
‘‘(b) PROHIBITION.—A passenger vessel common carrier, or a 
passenger vessel of the United States, may not operate in violation 
of a suspension under this section. 
‘‘(c) PENALTIES.—
‘‘(1) DENIAL OF ENTRY.—If a person operates a vessel in 
violation of this section, the Secretary may deny the vessels 
of that person entry to ports of the United States. 
‘‘(2) CIVIL PENALTY.—A person violating this section is liable 
to the United States Government for a civil penalty of not 
more than $50,000. Each day a vessel uses a prohibited port 
is a separate violation. 
‘‘§ 70306. Report on terrorist threats 
‘‘(a) CONTENT.—Not later than February 28 of each year, the 
Secretary shall submit a report to Congress on the threat from 
acts of terrorism to United States ports and vessels operating 
from those ports. The Secretary shall include a description of activi-
ties undertaken under title I of the Maritime Transportation Secu-
rity Act of 2002 (Public Law 107–295, 116 Stat. 2066) and an 
analysis of the effect of those activities on port security against 
acts of terrorism. 
‘‘(b) SUBMISSION.—The report shall be submitted to the Com-
mittee on International Relations and the Committee on Transpor-
tation and Infrastructure of the House of Representatives and the 
Committee on Foreign Relations and the Committee on Commerce, 
Science, and Transportation of the Senate. Any classified informa-
tion in the report shall be submitted separately as an addendum.
‘‘CHAPTER 705—MARITIME DRUG LAW ENFORCEMENT
‘‘Sec. 
‘‘70501.
Findings and declarations. 
‘‘70502.
Definitions. 
‘‘70503.
Manufacture, distribution, or possession of controlled substances on ves-
sels. 
‘‘70504.
Jurisdiction and venue. 
‘‘70505.
Failure to comply with international law as a defense. 
‘‘70506.
Penalties. 
‘‘70507.
Forfeitures.
‘‘§ 70501. Findings and declarations 
‘‘Congress finds and declares that trafficking in controlled sub-
stances aboard vessels is a serious international problem, is univer-
sally condemned, and presents a specific threat to the security 
and societal well-being of the United States. 
‘‘§ 70502. Definitions 
‘‘(a) APPLICATION OF OTHER DEFINITIONS.—The definitions in 
section 102 of the Comprehensive Drug Abuse Prevention and Con-
trol Act of 1970 (21 U.S.C. 802) apply to this chapter.
H. R. 1442—202
‘‘(b) VESSEL OF THE UNITED STATES.—In this chapter, the term 
‘vessel of the United States’ means—
‘‘(1) a vessel documented under chapter 121 of this title 
or numbered as provided in chapter 123 of this title; 
‘‘(2) a vessel owned in any part by an individual who 
is a citizen of the United States, the United States Government, 
the government of a State or political subdivision of a State, 
or a corporation incorporated under the laws of the United 
States or of a State, unless—
‘‘(A) the vessel has been granted the nationality of 
a foreign nation under article 5 of the 1958 Convention 
on the High Seas; and 
‘‘(B) a claim of nationality or registry for the vessel 
is made by the master or individual in charge at the 
time of the enforcement action by an officer or employee 
of the United States who is authorized to enforce applicable 
provisions of United States law; and 
‘‘(3) a vessel that was once documented under the laws 
of the United States and, in violation of the laws of the United 
States, was sold to a person not a citizen of the United States, 
placed under foreign registry, or operated under the authority 
of a foreign nation, whether or not the vessel has been granted 
the nationality of a foreign nation. 
‘‘(c) VESSEL SUBJECT
TO
THE JURISDICTION
OF
THE UNITED 
STATES.—
‘‘(1) IN GENERAL.—In this chapter, the term ‘vessel subject 
to the jurisdiction of the United States’ includes—
‘‘(A) a vessel without nationality; 
‘‘(B) a vessel assimilated to a vessel without nationality 
under paragraph (2) of article 6 of the 1958 Convention 
on the High Seas; 
‘‘(C) a vessel registered in a foreign nation if that 
nation has consented or waived objection to the enforce-
ment of United States law by the United States; 
‘‘(D) a vessel in the customs waters of the United 
States; 
‘‘(E) a vessel in the territorial waters of a foreign 
nation if the nation consents to the enforcement of United 
States law by the United States; and 
‘‘(F) a vessel in the contiguous zone of the United 
States, as defined in Presidential Proclamation 7219 of 
September 2, 1999 (43 U.S.C. 1331 note), that—
‘‘(i) is entering the United States; 
‘‘(ii) has departed the United States; or 
‘‘(iii) is a hovering vessel as defined in section 
401 of the Tariff Act of 1930 (19 U.S.C. 1401). 
‘‘(2) CONSENT OR WAIVER OF OBJECTION.—Consent or waiver 
of objection by a foreign nation to the enforcement of United 
States law by the United States under paragraph (1)(C) or 
(E)—
‘‘(A) may be obtained by radio, telephone, or similar 
oral or electronic means; and 
‘‘(B) is proved conclusively by certification of the Sec-
retary of State or the Secretary’s designee. 
‘‘(d) VESSEL WITHOUT NATIONALITY.—
‘‘(1) IN GENERAL.—In this chapter, the term ‘vessel without 
nationality’ includes—
H. R. 1442—203
‘‘(A) a vessel aboard which the master or individual 
in charge makes a claim of registry that is denied by 
the nation whose registry is claimed; 
‘‘(B) a vessel aboard which the master or individual 
in charge fails, on request of an officer of the United 
States authorized to enforce applicable provisions of United 
States law, to make a claim of nationality or registry for 
that vessel; and 
‘‘(C) a vessel aboard which the master or individual 
in charge makes a claim of registry and for which the 
claimed nation of registry does not affirmatively and 
unequivocally assert that the vessel is of its nationality. 
‘‘(2) VERIFICATION OR DENIAL.—A claim of registry under 
paragraph (1)(A) or (C) may be verified or denied by radio, 
telephone, or similar oral or electronic means. The denial of 
such a claim is proved conclusively by certification of the Sec-
retary of State or the Secretary’s designee. 
‘‘(e) CLAIM OF NATIONALITY OR REGISTRY.—A claim of nation-
ality or registry under this section includes only—
‘‘(1) possession on board the vessel and production of docu-
ments evidencing the vessel’s nationality as provided in article 
5 of the 1958 Convention on the High Seas; 
‘‘(2) flying its nation’s ensign or flag; or 
‘‘(3) a verbal claim of nationality or registry by the master 
or individual in charge of the vessel. 
‘‘§ 70503. Manufacture, distribution, or possession of con-
trolled substances on vessels 
‘‘(a) PROHIBITIONS.—An individual may not knowingly or inten-
tionally manufacture or distribute, or possess with intent to manu-
facture or distribute, a controlled substance on board—
‘‘(1) a vessel of the United States or a vessel subject to 
the jurisdiction of the United States; or 
‘‘(2) any vessel if the individual is a citizen of the United 
States or a resident alien of the United States. 
‘‘(b) EXTENSION
BEYOND
TERRITORIAL
JURISDICTION.—Sub-
section (a) applies even though the act is committed outside the 
territorial jurisdiction of the United States. 
‘‘(c) NONAPPLICATION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), subsection (a) 
does not apply to—
‘‘(A) a common or contract carrier or an employee of 
the carrier who possesses or distributes a controlled sub-
stance in the lawful and usual course of the carrier’s busi-
ness; or 
‘‘(B) a public vessel of the United States or an indi-
vidual on board the vessel who possesses or distributes 
a controlled substance in the lawful course of the individ-
ual’s duties. 
‘‘(2) ENTERED
IN
MANIFEST.—Paragraph (1) applies only 
if the controlled substance is part of the cargo entered in 
the vessel’s manifest and is intended to be imported lawfully 
into the country of destination for scientific, medical, or other 
lawful purposes. 
‘‘(d) BURDEN
OF PROOF.—The United States Government is 
not required to negative a defense provided by subsection (c) in 
a complaint, information, indictment, or other pleading or in a
H. R. 1442—204
trial or other proceeding. The burden of going forward with the 
evidence supporting the defense is on the person claiming its ben-
efit. 
‘‘§ 70504. Jurisdiction and venue 
‘‘(a) JURISDICTION.—Jurisdiction of the United States with 
respect to a vessel subject to this chapter is not an element of 
an offense. Jurisdictional issues arising under this chapter are 
preliminary questions of law to be determined solely by the trial 
judge. 
‘‘(b) VENUE.—A person violating section 70503 of this title shall 
be tried in the district court of the United States for—
‘‘(1) the district at which the person enters the United 
States; or 
‘‘(2) the District of Columbia. 
‘‘§ 70505. Failure to comply with international law as a 
defense 
‘‘A person charged with violating section 70503 of this title 
does not have standing to raise a claim of failure to comply with 
international law as a basis for a defense. A claim of failure to 
comply with international law in the enforcement of this chapter 
may be made only by a foreign nation. A failure to comply with 
international law does not divest a court of jurisdiction and is 
not a defense to a proceeding under this chapter. 
‘‘§ 70506. Penalties 
‘‘(a) VIOLATIONS.—A person violating section 70503 of this title 
shall be punished as provided in section 1010 of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 960). 
However, if the offense is a second or subsequent offense as provided 
in section 1012(b) of that Act (21 U.S.C. 962(b)), the person shall 
be punished as provided in section 1012 of that Act (21 U.S.C. 
962). 
‘‘(b) ATTEMPTS
AND CONSPIRACIES.—A person attempting or 
conspiring to violate section 70503 of this title is subject to the 
same penalties as provided for violating section 70503. 
‘‘§ 70507. Forfeitures 
‘‘(a) IN GENERAL.—Property described in section 511(a) of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 
(21 U.S.C. 881(a)) that is used or intended for use to commit, 
or to facilitate the commission of, an offense under section 70503 
of this title may be seized and forfeited in the same manner that 
similar property may be seized and forfeited under section 511 
of that Act (21 U.S.C. 881). 
‘‘(b) PRIMA FACIE EVIDENCE OF VIOLATION.—Practices commonly 
recognized as smuggling tactics may provide prima facie evidence 
of intent to use a vessel to commit, or to facilitate the commission 
of, an offense under section 70503 of this title, and may support 
seizure and forfeiture of the vessel, even in the absence of controlled 
substances aboard the vessel. The following indicia, among others, 
may be considered, in the totality of the circumstances, to be prima 
facie evidence that a vessel is intended to be used to commit, 
or to facilitate the commission of, such an offense: 
‘‘(1) The construction or adaptation of the vessel in a 
manner that facilitates smuggling, including—
H. R. 1442—205
‘‘(A) the configuration of the vessel to ride low in the 
water or present a low hull profile to avoid being detected 
visually or by radar; 
‘‘(B) the presence of any compartment or equipment 
that is built or fitted out for smuggling, not including 
items such as a safe or lock-box reasonably used for the 
storage of personal valuables; 
‘‘(C) the presence of an auxiliary tank not installed 
in accordance with applicable law or installed in such a 
manner as to enhance the vessel’s smuggling capability; 
‘‘(D) the presence of engines that are excessively over-
powered in relation to the design and size of the vessel; 
‘‘(E) the presence of materials used to reduce or alter 
the heat or radar signature of the vessel and avoid detec-
tion; 
‘‘(F) the presence of a camouflaging paint scheme, or 
of materials used to camouflage the vessel, to avoid detec-
tion; or 
‘‘(G) the display of false vessel registration numbers, 
false indicia of vessel nationality, false vessel name, or 
false vessel homeport. 
‘‘(2) The presence or absence of equipment, personnel, or 
cargo inconsistent with the type or declared purpose of the 
vessel. 
‘‘(3) The presence of excessive fuel, lube oil, food, water, 
or spare parts, inconsistent with legitimate vessel operation, 
inconsistent with the construction or equipment of the vessel, 
or inconsistent with the character of the vessel’s stated purpose. 
‘‘(4) The operation of the vessel without lights during times 
lights are required to be displayed under applicable law or 
regulation and in a manner of navigation consistent with smug-
gling tactics used to avoid detection by law enforcement authori-
ties. 
‘‘(5) The failure of the vessel to stop or respond or heave 
to when hailed by government authority, especially where the 
vessel conducts evasive maneuvering when hailed. 
‘‘(6) The declaration to government authority of apparently 
false information about the vessel, crew, or voyage or the failure 
to identify the vessel by name or country of registration when 
requested to do so by government authority. 
‘‘(7) The presence of controlled substance residue on the 
vessel, on an item aboard the vessel, or on an individual aboard 
the vessel, of a quantity or other nature that reasonably 
indicates manufacturing or distribution activity. 
‘‘(8) The use of petroleum products or other substances 
on the vessel to foil the detection of controlled substance res-
idue. 
‘‘(9) The presence of a controlled substance in the water 
in the vicinity of the vessel, where given the currents, weather 
conditions, and course and speed of the vessel, the quantity 
or other nature is such that it reasonably indicates manufac-
turing or distribution activity.’’.
SEC. 11. SUBTITLE VIII OF TITLE 46. 
Title 46, United States Code, is amended by adding after sub-
title VII the following:
H. R. 1442—206
‘‘Subtitle VIII—Miscellaneous
‘‘Chapter 
Sec. 
‘‘801. Wrecks and Salvage ................................................................................ 80101
‘‘803. Ice and Derelicts ..................................................................................... 80301
‘‘805. Safe Containers for International Cargo .......................................... 80501
‘‘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. 
‘‘80105.
Canadian vessels aiding vessels in United States waters. 
‘‘80106.
International agreement on derelicts. 
‘‘80107.
Salvors of life to share in remuneration.
‘‘§ 80101. Vessel stranded on foreign coast 
‘‘(a) DUTIES
OF CONSULAR OFFICER.—When a vessel of the 
United States is stranded on a coast of a foreign country, the 
consular officer in that country shall take proper measures, to 
the extent the laws of that country allow, to—
‘‘(1) save and secure the vessel and property on the vessel; 
and 
‘‘(2) prepare an inventory of the property that is saved. 
‘‘(b) DELIVERY TO OWNER.—After deducting the expenses, the 
consular officer shall deliver the property, with an inventory, to 
the owner of the property. 
‘‘(c) LIMITATION
ON TAKING POSSESSION.—A consular officer 
may not take possession of property under this section when the 
owner, master, or consignee is present or able to take possession 
of the property. 
‘‘§ 80102. License to salvage on Florida coast 
‘‘(a) LICENSING REQUIREMENTS.—To be regularly employed in 
the business of salvaging on the coast of Florida, a vessel and 
its master each must have a license issued by a judge of the 
district court of the United States for a judicial district of Florida. 
‘‘(b) JUDICIAL FINDINGS.—Before issuing a license under this 
section, the judge must be satisfied, when the license is for—
‘‘(1) a vessel, that the vessel is seaworthy and properly 
equipped for the business of saving property shipwrecked and 
in distress; or 
‘‘(2) a master, that the master is trustworthy and innocent 
of any fraud or misconduct related to property shipwrecked 
or saved on the coast. 
‘‘§ 80103. Property on Florida coast to be taken to port of 
entry 
‘‘(a) IN GENERAL.—Property taken from a wreck, the sea, or 
a key or shoal, on the coast of Florida and within the jurisdiction 
of the United States, shall be brought to a port of entry of the 
United States. 
‘‘(b) SEIZURE AND FORFEITURE.—A vessel transporting property 
described in subsection (a) to a foreign port may be seized by, 
and forfeited to, the United States Government. A forfeiture under 
this subsection accrues half to the informer and half to the Govern-
ment.