218 
give the applicant and other interested persons an opportunity for a hearing. 
The Secretary may not grant the waiver if the Secretary finds it would— 
‘‘(1) result in unfair competition to a person operating exclusively in 
the domestic intercoastal or coastwise service; or 
‘‘(2) be prejudicial to the objectives and policy of this subtitle. 
‘‘(c) CONTINUOUS OPERATION SINCE 1935.—The Secretary shall grant an 
application under subsection (b) without requiring further proof that the pub-
lic interest and convenience will be served and without further proceedings 
as to the competition in the route or trade, if the contractor or other person, 
or a predecessor in interest, was in bona-fide operation as a common carrier 
by water in the domestic intercoastal or coastwise trade in 1935 over the route 
or in the trade for which the application is made and has so operated since 
that time or, if engaged in furnishing seasonal service only, was in bona-fide 
operation in 1935 during the season ordinarily covered by its operation, ex-
cept in either event as to interruptions of service over which the applicant 
or its predecessor in interest had no control. 
‘‘(d) DIVERSION INTO INTERCOASTAL OR COASTWISE OPERATIONS.—If an 
application under subsection (b) is approved, a person referred to in this sec-
tion may not divert, directly or indirectly, money, property, or any other 
thing of value, used in a foreign-trade operation for which a subsidy is paid 
by the United States Government, into intercoastal or coastwise operations. 
‘‘§ 58102. Default on payment or maintenance of reserves 
‘‘The Secretary of Transportation may supervise the number and com-
pensation of all officers and employees of a contractor under the operating- 
differential subsidy program or a charterer under chapter 575 of this title, 
receiving an operating-differential subsidy, if the contractor or charterer— 
‘‘(1) is in default on a mortgage, note, purchase contract, or other obli-
gation to the Secretary; or 
‘‘(2) has not maintained, in a manner satisfactory to the Secretary, 
all of the reserves provided for in this subtitle. 
‘‘§ 58103. Employing another person as managing or oper-
ating agent 
‘‘(a) PROHIBITION.—Except with the written consent of the Secretary of 
Transportation, a contractor holding a contract under the operating-differen-
tial subsidy program or under chapter 575 of this title may not— 
‘‘(1) employ another person as the managing or operating agent of the 
operator; or 
‘‘(2) charter a vessel, on which an operating-differential subsidy is to 
be paid, for operation by another person. 
‘‘(b) APPLICABILITY OF PROVISIONS TO CHARTERER.—If a charter prohib-
ited by this section is made, the person operating the chartered vessel is sub-
219 
ject 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 viola-
tion has occurred, the Secretary of Transportation may declare the contract 
or charter rescinded. 
‘‘§ 58105. Preferences for cargo in which charterer has inter-
est 
‘‘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 con-
tractor or charterer has a direct or indirect ownership, purchase, or vending 
interest. 
‘‘§ 58106. Concerted discriminatory activities 
‘‘(a) PROHIBITION.—A contractor receiving an operating-differential sub-
sidy, 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 dis-
criminatory or unfair to any other citizen of the United States operating a 
common carrier by water employing only vessels documented under the laws 
of the United States on an established trade route from and to a United 
States port. 
‘‘(b) GOVERNMENT PAYMENT PROHIBITED.—No payment or subsidy of any 
kind may be paid, directly or indirectly, out of funds of the United States 
Government to a contractor or charterer that has violated subsection (a). 
‘‘(c) CIVIL ACTION.—A person whose business or property is injured by a 
violation of subsection (a) may bring a civil action in the district court of 
the United States for the district in which the defendant resides, is found, or 
has an agent. If the person prevails, the person shall be awarded— 
‘‘(1) 3 times the damages; and 
‘‘(2) costs, including reasonable attorney fees. 
‘‘§ 58107. Discrimination at ports by water common carriers 
‘‘(a) PROHIBITION.—A common carrier by water may not, directly or indi-
rectly, through an agreement, conference, association, understanding, or other-
wise, prevent or attempt to prevent any other common carrier by water from 
serving any port described in subsection (b) at the same rates the first carrier 
charges at the nearest port already regularly served by it. 
‘‘(b) PORTS.—A port referred to in subsection (a) is one that is— 
‘‘(1) designed for the accommodation of ocean-going vessels;
220 
‘‘(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 au-
thority otherwise vested in the Secretary of Transportation 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 trans-
portation subject to subtitle IV of title 49 of persons or property, under any 
joint rate, fare, or charge, or under any export, import, or other proportional 
rate, fare, or charge, that is based in whole or in part on the fact that the 
persons or property affected are to be transported to, or have been transported 
from, a port in a territory or possession of the United States or in a foreign 
country, by a carrier by water in foreign commerce, any lower rate, fare, or 
charge than the carrier charges, collects, or receives for the transportation of 
persons or similar property for the same distance, in the same direction, and 
over the same route, in commerce wholly within the United States, unless the 
vessel used for the transportation is or was at the time of the transportation 
documented under the laws of the United States. 
‘‘(b) SUSPENSION OF PROHIBITION.—Whenever the Secretary of Transpor-
tation believes that adequate shipping facilities to or from any port in a terri-
tory or possession of the United States or a foreign country are not being pro-
vided by vessels documented under the laws of the United States, the Secretary 
shall certify this fact to the Surface Transportation Board. On receiving the 
certification, the Board may by order suspend the operation of subsection (a) 
with respect to the rates, fares, and charges for the transportation by rail of 
persons and property transported from or to be transported to those ports, for 
such time and under such terms and conditions as the Secretary may specify 
in the order or in any supplemental order. 
‘‘(c) TERMINATION OF SUSPENSION.—Whenever the Secretary believes that 
adequate shipping facilities are being provided to those ports by vessels docu-
mented 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.
221 
‘‘(c) INELIGIBILITY TO RECEIVE BENEFITS.—An individual or organiza-
tion 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.’’. 
SEC. 9. SUBTITLE VI OF TITLE 46. 
(a) REDESIGNATION.—Title 46, United States Code, is amended by redesig-
nating 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 prescribed 
under this section shall be fined under title 18, imprisoned for not more than 
6 months, or both. 
‘‘(c) RELATIONSHIP TO OTHER LAW.—This section shall be construed as 
supplementary to section 2279 of title 18. 
‘‘§ 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 docu-
mentation 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.
222 
‘‘§ 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 subsection (b) shall state 
under oath that— 
‘‘(1) the vessel’s certificate of documentation contains the names of all 
the owners of the vessel; or 
‘‘(2) part of the ownership has been transferred since the certificate 
was issued and, to the best of the individual’s knowledge and belief, the 
vessel is still owned only by citizens of the United States. 
‘‘(b) PERSON TO MAKE STATEMENT.—The statement under subsection (a) 
shall be made by— 
‘‘(1) an owner if one resides at the port of entry; or 
‘‘(2) the master if an owner does not reside at the port of entry. 
‘‘(c) CONSEQUENCE OF NOT MAKING STATEMENT.—If the appropriate indi-
vidual 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 citizens of the 
United States, on a voyage from a port in the United States, arrives at a 
foreign port, the master of the vessel shall deposit the vessel’s certificate of doc-
umentation with a consular officer at the foreign port if there is a consular 
officer at that port. 
‘‘(b) RETURN OF CERTIFICATE.—When the master produces a clearance 
from the appropriate officer of the foreign port, the consular officer shall re-
turn 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;
223 
‘‘(2) for another port or place in the United States if the vessel has 
on board foreign merchandise for which entry has not been made; or 
‘‘(3) outside the territorial sea to visit a hovering vessel or to receive 
merchandise while outside the territorial sea. 
‘‘(b) OTHER VESSELS.—Except as otherwise provided by law, a vessel that 
is not a vessel of the United States shall obtain clearance from the Secretary 
before proceeding from a port or place in the United States— 
‘‘(1) for a foreign port or place; 
‘‘(2) for another port or place in the United States; or 
‘‘(3) outside the territorial sea to visit a hovering vessel or to receive 
or deliver merchandise while outside the territorial sea. 
‘‘(c) REGULATIONS.—The Secretary may by regulation— 
‘‘(1) prescribe the manner in which clearance under this section is to 
be obtained, including the documents, data, or information which shall 
be submitted or transmitted, pursuant to an authorized data interchange 
system, to obtain the clearance; 
‘‘(2) permit clearance to be obtained before all requirements for clear-
ance are complied with, but only if the owner or operator of the vessel 
files a bond in an amount set by the Secretary conditioned on the com-
pliance by the owner or operator with all specified requirements for 
clearance within a time period (not exceeding 4 business days) estab-
lished by the Secretary; and 
‘‘(3) permit clearance to be obtained at a place other than a des-
ignated 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 certifi-
cate is produced. 
‘‘§ 60107. Payment of fees on departing vessel 
‘‘A departing vessel may be cleared only when all legal fees that have ac-
crued on the vessel are paid and proof of payment is presented to the indi-
vidual 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 tendered in good condition, with proper 
charges, for the same or an intermediate port by a citizen of the United 
States. This section does not apply if the vessel or vehicle is already fully 
loaded (giving appropriate consideration to its proper loading) or is not 
adaptable to transport the tendered cargo.
224 
‘‘§ 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 Govern-
ment 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 sec-
tion 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. 
‘‘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 Ber-
muda 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).
225 
‘‘(c) EXCEPTION FOR VESSELS ENTERING OTHER THAN BY SEA.—Sub-
section (a) does not apply to a vessel entering other than by sea from a for-
eign 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 PROPERTY BE-
TWEEN 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 dis-
trict. 
‘‘(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. 
‘‘§ 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 cus-
tomhouse 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—
226 
‘‘(i) the document contains the names of all the owners of 
the vessel; or 
‘‘(ii) part of the ownership has been transferred since the 
document was issued and, to the best of that individual’s 
knowledge and belief, the vessel is still owned only by citizens 
of the United States. 
‘‘(2) PERSON TO MAKE STATEMENT.—The statement under paragraph 
(1)(B) shall be made by— 
‘‘(A) an owner if one resides at the port of entry; or 
‘‘(B) the master if an owner does not reside at the port of entry. 
‘‘(c) EXCEPTION FOR VESSELS BECOMING DOCUMENTED.—Subsection (a) 
section does not apply to a vessel that— 
‘‘(1) is owned only by citizens of the United States; and 
‘‘(2) after entering a port of the United States, becomes documented 
as a vessel of the United States before leaving that port. 
‘‘§ 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 suspend 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 be-
cause 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 endorsement, trading 
from one port in the United States to another port in the United States or 
employed in the bank, whale, or other fisheries, is exempt from tonnage taxes 
and light money. 
‘‘§ 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 Can-
ada, does not become subject to tonnage taxes or light money because of that 
trade.
227 
‘‘§ 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 international convention for the exemp-
tion of hospital ships from taxation in time of war, concluded at The Hague 
on December 21, 1904, are satisfied. The President by proclamation shall 
name the vessels for which the conditions are satisfied and state when the ex-
emption 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 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. 
‘‘§ 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 coun-
try— 
‘‘(A) in which the goods are grown, produced, or manufactured; 
or 
‘‘(B) from which the goods can only be, or most usually are, first 
shipped for transportation. 
‘‘(b) EXCEPTION FOR VESSELS OF COUNTRIES NOT MAINTAINING SIMILAR 
RESTRICTIONS.—Subsection (a) does not apply to a vessel of a foreign coun-
228 
try that does not maintain a similar restriction against United States docu-
mented vessels. 
‘‘(c) EXCEPTION FOR VESSELS BECOMING DOCUMENTED.—Subsection (a) 
does not apply to a vessel that— 
‘‘(1) is owned only by citizens of the United States; and 
‘‘(2) after entering a port of the United States, becomes documented 
as a vessel of the United States before leaving that port. 
‘‘(d) SEIZURE AND FORFEITURE.—If goods are imported in violation of 
this section, the goods and the vessel in which they are imported, along with 
its equipment and other cargo, may be seized by and forfeited to the United 
States Government. 
‘‘§ 60502. Discriminating duty on goods imported in foreign 
vessels or from contiguous countries 
‘‘(a) IMPOSITION OF DUTY.—A discriminating duty of 10 percent ad valo-
rem (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 im-
ported 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 docu-
mented 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 Govern-
ment. 
‘‘§ 60503. Reciprocal suspension of discriminating duties 
‘‘(a) GENERAL AUTHORITY.—On receiving satisfactory proof from the gov-
ernment of a foreign country that it has suspended, in any part, the imposi-
tion 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.
229 
‘‘§ 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 without entering, clearing, 
or paying any duties or fees (including cruising license fees), the Secretary 
of Homeland Security may allow yachts from that foreign port used only for 
pleasure to arrive at and depart from the ports of the United States and to 
cruise in the waters of the United States without paying any duties or fees. 
However, the Secretary may require foreign yachts to obtain a license to 
cruise in the waters of the United States. The license shall be in the form 
prescribed by the Secretary and contain limitations about length of time, di-
rection, place of cruising and action, and other matters the Secretary con-
siders 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 com-
merce); 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 coun-
try as the class of vessels of the United States denied the privileges. 
‘‘(c) EFFECTIVE DATE.—The President shall designate the effective date of 
the suspension in the proclamation. 
‘‘(d) PENALTIES.— 
‘‘(1) SEIZURE AND FORFEITURE.—If the master, officer, or agent of 
a vessel of a foreign country does an act for the vessel in the ports or 
waters of the United States in violation of a proclamation issued under 
this section, the vessel and the goods on the vessel may be seized by, and 
forfeited to, the United States Government. 
‘‘(2) FINE OR IMPRISONMENT.—A person opposing an official of the 
Government enforcing this section shall be fined under title 18, impris-
oned 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,
230 
and products of or coming from those dominions, from entering waters, ports, 
or places of the United States when the President is satisfied that— 
‘‘(1) fishermen or fishing vessels of the United States in waters, ports, 
or places of the British dominions of North America are being or recently 
have been— 
‘‘(A) denied rights provided by law or treaty; 
‘‘(B) subjected to unreasonable restrictions in the exercise of those 
rights; or 
‘‘(C) otherwise harassed; 
‘‘(2) fishermen or fishing vessels of the United States, having a permit 
under the laws of the United States to dock or trade at a port or place 
in the British dominions of North America, are being or recently have 
been— 
‘‘(A) denied the privilege of entering the port or place in the same 
manner and under the same regulations applicable to trading ves-
sels 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 wa-
ters, 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 proclama-
tion under this section to any of the subjects named, and may include excep-
tions for vessels in distress or need of supplies. The President may change, 
revoke, and renew the proclamation. 
‘‘(c) PENALTIES.—A person violating a proclamation issued under this sec-
tion 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 reciprocal advan-
tages for the citizens, ports, and vessels of the United States. 
‘‘(b) GENERAL AUTHORITY.—When the President is satisfied that vessels of 
the United States, or passengers or cargo being transported to a port of the 
United States, are prohibited from passing through a canal or lock connected
231 
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 suspen-
sion 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 Presi-
dent 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.— 
‘‘(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 state-
ment 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’’.
232 
(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 mean-
ing given that term in section 2101 of this title. 
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of the de-
partment in which the Coast Guard is operating. 
‘‘§ 70302. International measures for seaport and vessel secu-
rity 
‘‘Congress encourages the President to continue to seek agreement on inter-
national seaport and vessel security through the International Maritime Or-
ganization. In developing an agreement, each member country of the Inter-
national Maritime Organization should consult with appropriate private sec-
tor interests in that country. The agreement would establish seaport and vessel 
security measures and could include— 
‘‘(1) seaport screening of cargo and baggage similar to that done at 
airports; 
‘‘(2) security measures to restrict access to cargo, vessels, and dockside 
property to authorized personnel only; 
‘‘(3) additional security on board vessels; 
‘‘(4) licensing or certification of compliance with appropriate security 
standards; and 
‘‘(5) other appropriate measures to prevent unlawful acts against pas-
sengers and crews on vessels. 
‘‘§ 70303. Security standards at foreign ports 
‘‘(a) GENERAL REQUIREMENTS.—The Secretary shall develop and imple-
ment a plan to assess the effectiveness of the security measures maintained 
at foreign ports that the Secretary, in consultation with the Secretary of 
State, determines pose a high risk of acts of terrorism against passenger ves-
sels. In carrying out this subsection, the Secretary shall consult with the Sec-
retary 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 Sec-
retary, after implementing the plan under subsection (a), determines that a
233 
port does not maintain and administer effective security measures, the Sec-
retary of State (after being informed by the Secretary) shall— 
‘‘(1) notify the appropriate government authorities of the country in 
which the port is located of the determination; and 
‘‘(2) recommend steps necessary to bring the security measures at that 
port up to the standard used by the Secretary in making the assessment 
under subsection (a). 
‘‘(c) ANTITERRORISM ASSISTANCE.—The President is encouraged to provide 
antiterrorism assistance related to maritime security under chapter 8 of part 
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) to foreign 
countries, especially for a port that the Secretary determines under subsection 
(b) does not maintain and administer effective security measures. 
‘‘§ 70304. Travel advisories on security at foreign ports 
‘‘(a) GENERAL REQUIREMENTS.—On being notified by the Secretary that 
the Secretary has determined that a condition exists that threatens the safety 
or security of passengers, passenger vessels, or crew traveling to or from a for-
eign port that the Secretary has determined under section 70303(b) of this 
title does not maintain and administer effective security measures, the Sec-
retary of State immediately shall issue a travel advisory for that port. The 
Secretary of State shall take the necessary steps to widely publicize the travel 
advisory. 
‘‘(b) LIFTING ADVISORIES.—A travel advisory issued under subsection (a) 
may be lifted only if the Secretary, in consultation with the Secretary of 
State, has determined that effective security measures are maintained and ad-
ministered 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 for-
eign nation permits the use of territory under its jurisdiction as a base of 
operations or training for, or as a sanctuary for, or in any way arms, aids, 
or abets, a terrorist or terrorist group that knowingly uses the illegal seizure 
of passenger vessels or the threat thereof as an instrument of policy, the Presi-
dent 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 nec-
essary to ensure the security of passenger vessels against unlawful seizure.
234 
‘‘(b) PROHIBITION.—A passenger vessel common carrier, or a passenger ves-
sel 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 activities undertaken under title I of the Mari-
time Transportation Security Act of 2002 (Public Law 107–295, 116 Stat. 
2066) and an analysis of the effect of those activities on port security against 
acts of terrorism. 
‘‘(b) SUBMISSION.—The report shall be submitted to the Committee on 
International Relations and the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee on Foreign Rela-
tions and the Committee on Commerce, Science, and Transportation of the 
Senate. Any classified information 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 vessels. 
‘‘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 substances 
aboard vessels is a serious international problem, is universally condemned, 
and presents a specific threat to the security and societal well-being of the 
United States. 
‘‘§ 70502. Definitions 
‘‘(a) APPLICATION OF OTHER DEFINITIONS.—The definitions in section 102 
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. 802) apply to this chapter. 
‘‘(b) VESSEL OF THE UNITED STATES.—In this chapter, the term ‘vessel 
of the United States’ means—
235 
‘‘(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 na-
tion 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 author-
ized 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 ju-
risdiction 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 con-
sented or waived objection to the enforcement of United States law 
by the United States; 
‘‘(D) a vessel in the customs waters of the United States; 
‘‘(E) a vessel in the territorial waters of a foreign nation if the 
nation consents to the enforcement of United States law by the 
United States; and 
‘‘(F) a vessel in the contiguous zone of the United States, as de-
fined 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 objec-
tion by a foreign nation to the enforcement of United States law by the 
United States under paragraph (1)(C) or (E)—
236 
‘‘(A) may be obtained by radio, telephone, or similar oral or elec-
tronic means; and 
‘‘(B) is proved conclusively by certification of the Secretary of 
State or the Secretary’s designee. 
‘‘(d) VESSEL WITHOUT NATIONALITY.— 
‘‘(1) IN GENERAL.—In this chapter, the term ‘vessel without nation-
ality’ includes— 
‘‘(A) a vessel aboard which the master or individual in charge 
makes a claim of registry that is denied by the nation whose reg-
istry 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 en-
force 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 reg-
istry 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 conclu-
sively by certification of the Secretary of State or the Secretary’s des-
ignee. 
‘‘(e) CLAIM OF NATIONALITY OR REGISTRY.—A claim of nationality or reg-
istry under this section includes only— 
‘‘(1) possession on board the vessel and production of documents evi-
dencing the vessel’s nationality as provided in article 5 of the 1958 Con-
vention 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 indi-
vidual in charge of the vessel. 
‘‘§ 70503. Manufacture, distribution, or possession of con-
trolled substances on vessels 
‘‘(a) PROHIBITIONS.—An individual may not knowingly or intentionally 
manufacture or distribute, or possess with intent to manufacture or distribute, 
a controlled substance on board— 
‘‘(1) a vessel of the United States or a vessel subject to the jurisdiction 
of the United States; or 
‘‘(2) any vessel if the individual is a citizen of the United States or 
a resident alien of the United States.
237 
‘‘(b) EXTENSION BEYOND TERRITORIAL JURISDICTION.—Subsection (a) ap-
plies even though the act is committed outside the territorial jurisdiction of 
the United States. 
‘‘(c) NONAPPLICATION.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), subsection (a) does not 
apply to— 
‘‘(A) a common or contract carrier or an employee of the carrier 
who possesses or distributes a controlled substance in the lawful and 
usual course of the carrier’s business; or 
‘‘(B) a public vessel of the United States or an individual on 
board the vessel who possesses or distributes a controlled substance 
in the lawful course of the individual’s duties. 
‘‘(2) ENTERED IN MANIFEST.—Paragraph (1) applies only if the con-
trolled substance is part of the cargo entered in the vessel’s manifest and 
is intended to be imported lawfully into the country of destination for 
scientific, medical, or other lawful purposes. 
‘‘(d) BURDEN OF PROOF.—The United States Government is not required 
to negative a defense provided by subsection (c) in a complaint, information, 
indictment, or other pleading or in a trial or other proceeding. The burden 
of going forward with the evidence supporting the defense is on the person 
claiming its benefit. 
‘‘§ 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 deter-
mined 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 de-
fense 
‘‘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 fail-
ure 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 Pre-
238 
vention 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 Comprehen-
sive 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 recog-
nized 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 indi-
cia, among others, may be considered, in the totality of the circumstances, to 
be prima facie evidence that a vessel is intended to be used to commit, or 
to facilitate the commission of, such an offense: 
‘‘(1) The construction or adaptation of the vessel in a manner that 
facilitates smuggling, including— 
‘‘(A) the configuration of the vessel to ride low in the water or 
present a low hull profile to avoid being detected visually or by 
radar; 
‘‘(B) the presence of any compartment or equipment that is built 
or fitted out for smuggling, not including items such as a safe or 
lock-box reasonably used for the storage of personal valuables; 
‘‘(C) the presence of an auxiliary tank not installed in accordance 
with applicable law or installed in such a manner as to enhance 
the vessel’s smuggling capability; 
‘‘(D) the presence of engines that are excessively over-powered in 
relation to the design and size of the vessel; 
‘‘(E) the presence of materials used to reduce or alter the heat or 
radar signature of the vessel and avoid detection; 
‘‘(F) the presence of a camouflaging paint scheme, or of materials 
used to camouflage the vessel, to avoid detection; or 
‘‘(G) the display of false vessel registration numbers, false indicia 
of vessel nationality, false vessel name, or false vessel homeport.
239 
‘‘(2) The presence or absence of equipment, personnel, or cargo incon-
sistent 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 con-
struction or equipment of the vessel, or inconsistent with the character 
of the vessel’s stated purpose. 
‘‘(4) The operation of the vessel without lights during times lights are 
required to be displayed under applicable law or regulation and in a 
manner of navigation consistent with smuggling tactics used to avoid de-
tection by law enforcement authorities. 
‘‘(5) The failure of the vessel to stop or respond or heave to when 
hailed by government authority, especially where the vessel conducts eva-
sive maneuvering when hailed. 
‘‘(6) The declaration to government authority of apparently false in-
formation 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 gov-
ernment 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 quan-
tity or other nature that reasonably indicates manufacturing or distribu-
tion activity. 
‘‘(8) The use of petroleum products or other substances on the vessel 
to foil the detection of controlled substance residue. 
‘‘(9) The presence of a controlled substance in the water in the vicinity 
of the vessel, where given the currents, weather conditions, and course 
and speed of the vessel, the quantity or other nature is such that it rea-
sonably indicates manufacturing or distribution activity.’’. 
SEC. 11. SUBTITLE VIII OF TITLE 46. 
Title 46, United States Code, is amended by adding after subtitle VII the 
following: 
‘‘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.
240 
‘‘§ 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 coun-
try 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 offi-
cer 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 busi-
ness 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 Government. 
‘‘§ 80104. Salvaging operations by foreign vessels 
‘‘(a) PROHIBITION.—Except as provided in this section or section 80105 of 
this title, a foreign vessel may not, under penalty of forfeiture, engage in sal-
vaging operations on the Atlantic or Pacific coast of the United States, in 
any portion of the Great Lakes or their connecting or tributary waters, in-
cluding any portion of the Saint Lawrence River through which the inter-
national boundary line extends, or in territorial waters of the United States 
on the Gulf of Mexico.
241 
‘‘(b) WHEN SUITABLE VESSEL NOT AVAILABLE.—The Secretary of Home-
land Security may authorize a foreign vessel to engage in salvaging oper-
ations in a particular locality if, on investigation, the Secretary is satisfied 
that there is not available in that locality a suitable vessel that is— 
‘‘(1) owned only by citizens of the United States (including a 
Bowaters corporation under section 12118 of this title); and 
‘‘(2) documented under chapter 121 of this title or numbered under 
chapter 123 of this title. 
‘‘(c) OPERATIONS AUTHORIZED BY TREATY.—This section does not prohibit 
or restrict assistance to vessels or salvaging operations authorized by treaty, 
including— 
‘‘(1) article II of the Treaty between the United States and Great Brit-
ain concerning reciprocal rights for United States and Canada in the 
conveyance of prisoners and wrecking and salvage, signed at Washington, 
May 18, 1908 (35 Stat. 2036); or 
‘‘(2) the Treaty between the United States of America and Mexico to 
facilitate assistance to and salvage of vessels in territorial waters, signed 
at Mexico City, June 13, 1935 (49 Stat. 3359). 
‘‘§ 80105. Canadian vessels aiding vessels in United States 
waters 
‘‘(a) IN GENERAL.—Canadian vessels and wrecking equipment may give 
aid to Canadian or other vessels and property wrecked, disabled, or in distress 
in the waters of the United States contiguous to Canada, including— 
‘‘(1) the canal and improvement of the waters between Lake Erie and 
Lake Huron; and 
‘‘(2) the Saint Marys River and canal. 
‘‘(b) RECIPROCITY.—This section does not apply after the President pro-
claims that privileges reciprocal to those under subsection (a) have been with-
drawn or rendered inoperative by the Government of Canada. 
‘‘§ 80106. International agreement on derelicts 
‘‘The President may make an international agreement with other govern-
ments interested in the navigation of the North Atlantic Ocean, providing for 
the reporting, marking, and removal of dangerous wrecks, derelicts, and other 
menaces to navigation outside the coast waters of the countries bordering the 
North Atlantic Ocean. 
‘‘§ 80107. Salvors of life to share in remuneration 
‘‘(a) ENTITLEMENT OF SALVORS.—A salvor of human life, who gave aid 
following an accident giving rise to salvage, is entitled to a fair share of the 
payment awarded to the salvor for salvaging the vessel or other property or 
preventing or minimizing damage to the environment.