H. R. 1442
One Hundred Nineth Congress
of the
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and six 
An Act 
To complete the codification of title 46, United States Code, ‘‘Shipping’’, as positive 
law.
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows:
Sec.
1.
Table of contents. 
Sec.
2.
Purpose; conformity with original intent. 
Sec.
3.
Title analysis. 
Sec.
4.
Subtitle I of title 46. 
Sec.
5.
Subtitle II of title 46. 
Sec.
6.
Subtitle III of title 46. 
Sec.
7.
Subtitle IV of title 46. 
Sec.
8.
Subtitle V of title 46. 
Sec.
9.
Subtitle VI of title 46. 
Sec.
10.
Subtitle VII of title 46. 
Sec.
11.
Subtitle VIII of title 46. 
Sec.
12.
Maritime Administration. 
Sec.
13.
Amendments relating to Maritime Security Act of 2003. 
Sec.
14.
Amendments to partially restated provisions. 
Sec.
15.
Additional amendments to title 46. 
Sec.
16.
Recreational boating safety technical amendments. 
Sec.
17.
Conforming amendments to other laws. 
Sec.
18.
Transitional and savings provisions. 
Sec.
19.
Repeals.
SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT. 
(a) PURPOSE.—The purpose of this Act is to complete the codi-
fication of title 46, United States Code, ‘‘Shipping’’, as positive 
law, by reorganizing and restating the laws currently in the 
appendix to title 46. 
(b) CONFORMITY WITH ORIGINAL INTENT.—In the codification 
of laws by this Act, the intent is to conform to the understood 
policy, intent, and purpose of the Congress in the original enact-
ments, with such amendments and corrections as will remove 
ambiguities, contradictions, and other imperfections, in accordance 
with section 205(c)(1) of House Resolution No. 988, 93d Congress, 
as enacted into law by Public Law 93–554 (2 U.S.C. 285b(1)). 
SEC. 3. TITLE ANALYSIS. 
The title analysis of title 46, United States Code, is amended 
to read as follows:
‘‘Subtitle 
Sec.
‘‘I. GENERAL ..................................................................................................
101
‘‘II. VESSELS AND SEAMEN ....................................................................... 2101
‘‘III. MARITIME LIABILITY ..........................................................................30101
‘‘IV. REGULATION OF OCEAN SHIPPING ...............................................40101
‘‘V. MERCHANT MARINE ............................................................................50101
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‘‘VI. CLEARANCE, TONNAGE TAXES, AND DUTIES ............................60101
‘‘VII. SECURITY AND DRUG ENFORCEMENT .........................................70101
‘‘VIII. MISCELLANEOUS ..................................................................................80101’’.
SEC. 4. SUBTITLE I OF TITLE 46. 
Title 46, United States Code, is amended by inserting after 
the title analysis the following:
‘‘Subtitle I—General
‘‘Chapter 
Sec. 
‘‘1. Definitions .................................................................................................
101
‘‘3. Federal Maritime Commission ............................................................
301
‘‘5. Other General Provisions .....................................................................
501
‘‘CHAPTER 1—DEFINITIONS
‘‘Sec. 
‘‘101.
Agency. 
‘‘102.
Barge. 
‘‘103.
Boundary Line. 
‘‘104.
Citizen of the United States. 
‘‘105.
Consular officer. 
‘‘106.
Documented vessel. 
‘‘107.
Exclusive economic zone. 
‘‘108.
Fisheries. 
‘‘109.
Foreign commerce or trade. 
‘‘110.
Foreign vessel. 
‘‘111.
Numbered vessel. 
‘‘112.
State. 
‘‘113.
Undocumented. 
‘‘114.
United States. 
‘‘115.
Vessel. 
‘‘116.
Vessel of the United States.
‘‘§ 101. Agency 
‘‘In this title, the term ‘agency’ means a department, agency, 
or instrumentality of the United States Government. 
‘‘§ 102. Barge 
‘‘In this title, the term ‘barge’ means a non-self-propelled vessel. 
‘‘§ 103. Boundary Line 
‘‘In this title, the term ‘Boundary Line’ means a line established 
under section 2(b) of the Act of February 19, 1895 (33 U.S.C. 
151). 
‘‘§ 104. Citizen of the United States 
‘‘In this title, the term ‘citizen of the United States’, when 
used in reference to a natural person, means an individual who 
is a national of the United States as defined in section 101(a)(22) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). 
‘‘§ 105. Consular officer 
‘‘In this title, the term ‘consular officer’ means an officer or 
employee of the United States Government designated under regula-
tions to issue visas. 
‘‘§ 106. Documented vessel 
‘‘In this title, the term ‘documented vessel’ means a vessel 
for which a certificate of documentation has been issued under 
chapter 121 of this title.
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‘‘§ 107. Exclusive economic zone 
‘‘In this title, the term ‘exclusive economic zone’ means the 
zone established by Presidential Proclamation 5030 of March 10, 
1983 (16 U.S.C. 1453 note). 
‘‘§ 108. Fisheries 
‘‘In this title, the term ‘fisheries’ includes processing, storing, 
transporting (except in foreign commerce), planting, cultivating, 
catching, taking, or harvesting fish, shellfish, marine animals, 
pearls, shells, or marine vegetation in the navigable waters of 
the United States or in the exclusive economic zone. 
‘‘§ 109. Foreign commerce or trade 
‘‘(a) IN GENERAL.—In this title, the terms ‘foreign commerce’ 
and ‘foreign trade’ mean commerce or trade between a place in 
the United States and a place in a foreign country. 
‘‘(b) CAPITAL CONSTRUCTION FUNDS
AND CONSTRUCTION-DIF-
FERENTIAL SUBSIDIES.—In the context of capital construction funds 
under chapter 535 of this title, and in the context of construction-
differential subsidies under title V of the Merchant Marine Act, 
1936, the terms ‘foreign commerce’ and ‘foreign trade’ also include, 
in the case of liquid and dry bulk cargo carrying services, trading 
between foreign ports in accordance with normal commercial bulk 
shipping practices in a manner that will permit bulk vessels of 
the United States to compete freely with foreign bulk vessels in 
their operation or competition for charters, subject to regulations 
prescribed by the Secretary of Transportation. 
‘‘§ 110. Foreign vessel 
‘‘In this title, the term ‘foreign vessel’ means a vessel of foreign 
registry or operated under the authority of a foreign country. 
‘‘§ 111. Numbered vessel 
‘‘In this title, the term ‘numbered vessel’ means a vessel for 
which a number has been issued under chapter 123 of this title. 
‘‘§ 112. State 
‘‘In this title, the term ‘State’ means a State of the United 
States, the District of Columbia, Guam, Puerto Rico, the Virgin 
Islands, American Samoa, the Northern Mariana Islands, and any 
other territory or possession of the United States. 
‘‘§ 113. Undocumented 
‘‘In this title, the term ‘undocumented’ means not having and 
not required to have a certificate of documentation issued under 
chapter 121 of this title. 
‘‘§ 114. United States 
‘‘In this title, the term ‘United States’, when used in a 
geographic sense, means the States of the United States, the District 
of Columbia, Guam, Puerto Rico, the Virgin Islands, American 
Samoa, the Northern Mariana Islands, and any other territory 
or possession of the United States. 
‘‘§ 115. Vessel 
‘‘In this title, the term ‘vessel’ has the meaning given that 
term in section 3 of title 1.
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‘‘§ 116. Vessel of the United States 
‘‘In this title, the term ‘vessel of the United States’ means 
a vessel documented under chapter 121 of this title (or exempt 
from documentation under section 12102(c) of this title), numbered 
under chapter 123 of this title, or titled under the law of a State.
‘‘CHAPTER 3—FEDERAL MARITIME COMMISSION
‘‘Sec. 
‘‘301.
General organization. 
‘‘302.
Quorum. 
‘‘303.
Record of meetings and votes. 
‘‘304.
Delegation of authority. 
‘‘305.
Regulations. 
‘‘306.
Annual report. 
‘‘307.
Expenditures.
‘‘§ 301. General organization 
‘‘(a) ORGANIZATION.—The Federal Maritime Commission is an 
independent establishment of the United States Government. 
‘‘(b) COMMISSIONERS.—
‘‘(1) COMPOSITION.—The Commission is composed of 5 
Commissioners, appointed by the President by and with the 
advice and consent of the Senate. Not more than 3 Commis-
sioners may be appointed from the same political party. 
‘‘(2) TERMS.—The term of each Commissioner is 5 years, 
with each term beginning one year apart. An individual 
appointed to fill a vacancy is appointed only for the unexpired 
term of the individual being succeeded. A vacancy shall be 
filled in the same manner as the original appointment. When 
the term of a Commissioner ends, the Commissioner may con-
tinue to serve until a successor is appointed and qualified. 
‘‘(3) REMOVAL.—The President may remove a Commissioner 
for inefficiency, neglect of duty, or malfeasance in office. 
‘‘(c) CHAIRMAN.—
‘‘(1) DESIGNATION.—The President shall designate one of 
the Commissioners as Chairman. 
‘‘(2) GENERAL
AUTHORITY.—The Chairman is the chief 
executive and administrative officer of the Commission. In car-
rying out the duties and powers of the Commission (other 
than under paragraph (3)), the Chairman is subject to the 
policies, regulatory decisions, findings, and determinations of 
the Commission. 
‘‘(3) PARTICULAR DUTIES.—
‘‘(A) IN GENERAL.—The Chairman shall—
‘‘(i) appoint and supervise officers and employees 
of the Commission; 
‘‘(ii) appoint the heads of major organizational 
units, but only after consultation with the other 
Commissioners; 
‘‘(iii) distribute the business of the Commission 
among personnel and organizational units; 
‘‘(iv) supervise the expenditure of money for 
administrative purposes; and 
‘‘(v) 
assign 
Commission 
personnel, 
including 
Commissioners, to perform duties and powers dele-
gated by the Commission under section 304 of this 
title.
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‘‘(B) NONAPPLICATION.—Subparagraph (A) (other than 
clause (v)) does not apply to personnel employed regularly 
and full-time in the offices of Commissioners other than 
the Chairman. 
‘‘(4) DELEGATION.—The Chairman may designate officers 
and employees under the Chairman’s jurisdiction to perform 
duties and powers of the Chairman, subject to the Chairman’s 
supervision and direction. 
‘‘(d) SEAL.—The Commission shall have a seal which shall 
be judicially recognized. 
‘‘§ 302. Quorum 
‘‘A vacancy or vacancies in the membership of the Federal 
Maritime Commission do not impair the power of the Commission 
to execute its functions. The affirmative vote of a majority of the 
Commissioners serving on the Commission is required to dispose 
of any matter before the Commission. 
‘‘§ 303. Record of meetings and votes 
‘‘The Federal Maritime Commission, through its secretary, shall 
keep a record of its meetings and the votes taken on any action, 
order, contract, or financial transaction of the Commission. 
‘‘§ 304. Delegation of authority 
‘‘(a) DELEGATION.—The Federal Maritime Commission, by pub-
lished order or regulation, may delegate to a division of the Commis-
sion, an individual Commissioner, an employee board, or an officer 
or employee of the Commission, any of its duties or powers, 
including those relating to hearing, determining, ordering, certi-
fying, reporting, or otherwise acting on any matter. This subsection 
does not affect section 556(b) of title 5. 
‘‘(b) REVIEW.—The Commission may review any action taken 
under a delegation of authority under subsection (a). The review 
may be taken on the Commission’s own initiative or on the petition 
of a party to or an intervenor in the action, within the time and 
in the manner prescribed by the Commission. The vote of a majority 
of the Commission, less one member, is sufficient to bring an 
action before the Commission for review. 
‘‘(c) DEEMED
ACTION
OF
COMMISSION.—If the Commission 
declines review, or if review is not sought, within the time pre-
scribed under subsection (b), the action taken under the delegation 
of authority is deemed to be the action of the Commission. 
‘‘§ 305. Regulations 
‘‘The Federal Maritime Commission may prescribe regulations 
to carry out its duties and powers. 
‘‘§ 306. Annual report 
‘‘(a) IN GENERAL.—Not later than April 1 of each year, the 
Federal Maritime Commission shall submit a report to Congress. 
The report shall include the results of its investigations, a summary 
of its transactions, the purposes for which all of its expenditures 
were made, and any recommendations for legislation. 
‘‘(b) REPORT ON FOREIGN LAWS AND PRACTICES.—The Commis-
sion shall include in its annual report to Congress—
H. R. 1442—6
‘‘(1) a list of the 20 foreign countries that generated the 
largest volume of oceanborne liner cargo for the most recent 
calendar year in bilateral trade with the United States; 
‘‘(2) an analysis of conditions described in section 42302(a) 
of this title being investigated or found to exist in foreign 
countries; 
‘‘(3) any actions being taken by the Commission to offset 
those conditions; 
‘‘(4) any recommendations for additional legislation to offset 
those conditions; and 
‘‘(5) a list of petitions filed under section 42302(b) of this 
title that the Commission rejected and the reasons for each 
rejection. 
‘‘§ 307. Expenditures 
‘‘The Federal Maritime Commission may make such expendi-
tures as are necessary in the performance of its functions from 
funds appropriated or otherwise made available to it, which appro-
priations are authorized.
‘‘CHAPTER 5—OTHER GENERAL PROVISIONS
‘‘Sec. 
‘‘501.
Waiver of navigation and vessel-inspection laws. 
‘‘502.
Cargo exempt from forfeiture. 
‘‘503.
Notice of seizure. 
‘‘504.
Remission of fees and penalties. 
‘‘505.
Penalty for violating regulation or order.
‘‘§ 501. Waiver of navigation and vessel-inspection laws 
‘‘(a) ON REQUEST OF SECRETARY OF DEFENSE.—On request of 
the Secretary of Defense, the head of an agency responsible for 
the administration of the navigation or vessel-inspection laws shall 
waive compliance with those laws to the extent the Secretary con-
siders necessary in the interest of national defense. 
‘‘(b) BY HEAD OF AGENCY.—When the head of an agency respon-
sible for the administration of the navigation or vessel-inspection 
laws considers it necessary in the interest of national defense, 
the individual may waive compliance with those laws to the extent, 
in the manner, and on the terms the individual prescribes. 
‘‘(c) TERMINATION OF AUTHORITY.—The authority granted by 
this section shall terminate at such time as the Congress by concur-
rent resolution or the President may designate. 
‘‘§ 502. Cargo exempt from forfeiture 
‘‘Cargo on a vessel is exempt from forfeiture under this title 
if—
‘‘(1) the cargo is owned in good faith by a person not 
the owner, master, or crewmember of the vessel; and 
‘‘(2) the customs duties on the cargo have been paid or 
secured for payment as provided by law. 
‘‘§ 503. Notice of seizure 
‘‘When a forfeiture of a vessel or cargo accrues, the official 
of the United States Government required to give notice of the 
seizure of the vessel or cargo shall include in the notice, if they 
are known to that official, the name and the place of residence 
of the owner or consignee at the time of the seizure.
H. R. 1442—7
‘‘§ 504. Remission of fees and penalties 
‘‘Any part of a fee, tax, or penalty paid or a forfeiture incurred 
under a law or regulation relating to vessels or seamen may be 
remitted if—
‘‘(1) application for the remission is made within one year 
after the date of the payment or forfeiture; and 
‘‘(2) it is found that the fee, tax, penalty, or forfeiture 
was improperly or excessively imposed. 
‘‘§ 505. Penalty for violating regulation or order 
‘‘A person convicted of knowingly and willfully violating a regu-
lation or order of the Federal Maritime Commission or the Secretary 
of Transportation under subtitle IV or V of this title, for which 
no penalty is expressly provided, shall be fined not more than 
$500. Each day of a continuing violation is a separate offense.’’.
SEC. 5. SUBTITLE II OF TITLE 46. 
Chapter 121 of title 46, United States Code, is amended to 
read as follows:
‘‘CHAPTER 121—DOCUMENTATION OF VESSELS
‘‘SUBCHAPTER I—GENERAL 
‘‘Sec. 
‘‘12101.
Definitions. 
‘‘12102.
Vessels requiring documentation. 
‘‘12103.
General eligibility requirements. 
‘‘12104.
Applications for documentation. 
‘‘12105.
Issuance of documentation. 
‘‘12106.
Surrender of title and number. 
‘‘12107.
Wrecked vessels. 
‘‘SUBCHAPTER II—ENDORSEMENTS AND SPECIAL DOCUMENTATION 
‘‘12111.
Registry endorsement. 
‘‘12112.
Coastwise endorsement. 
‘‘12113.
Fishery endorsement. 
‘‘12114.
Recreational endorsement. 
‘‘12115.
Temporary endorsement for vessels procured outside the United States. 
‘‘12116.
Limited endorsements for Guam, American Samoa, and Northern Mariana 
Islands. 
‘‘12117.
Oil spill response vessels. 
‘‘12118.
Owners engaged primarily in manufacturing or mineral industry. 
‘‘12119.
Owners engaged primarily in leasing or financing transactions. 
‘‘12120.
Liquified gas tankers. 
‘‘12121.
Small passenger vessels and uninspected passenger vessels. 
‘‘SUBCHAPTER III—MISCELLANEOUS 
‘‘12131.
Command of documented vessels. 
‘‘12132.
Loss of coastwise trade privileges. 
‘‘12133.
Duty to carry certificate on vessel and allow examination. 
‘‘12134.
Evidentiary uses of documentation. 
‘‘12135.
Invalidation of certificates of documentation. 
‘‘12136.
Surrender of certificates of documentation. 
‘‘12137.
Recording of vessels built in the United States. 
‘‘12138.
List of documented vessels. 
‘‘12139.
Reports. 
‘‘SUBCHAPTER IV—PENALTIES 
‘‘12151.
Penalties. 
‘‘12152.
Denial or revocation of endorsement for non-payment of civil penalty.
‘‘SUBCHAPTER I—GENERAL 
‘‘§ 12101. Definitions 
‘‘(a) REBUILT IN THE UNITED STATES.—In this chapter, a vessel 
is deemed to have been rebuilt in the United States only if the
H. R. 1442—8
entire rebuilding, including the construction of any major component 
of the hull or superstructure, was done in the United States. 
‘‘(b) RELATED TERMS
IN OTHER LAWS.—When the following 
terms are used in a law, regulation, document, ruling, or other 
official act referring to the documentation of a vessel, the following 
definitions apply: 
‘‘(1) REGISTRY ENDORSEMENT.—The terms ‘certificate of reg-
istry’, ‘register’, and ‘registry’ mean a certificate of documenta-
tion with a registry endorsement issued under this chapter. 
‘‘(2) COASTWISE ENDORSEMENT.—The terms ‘license’, ‘enroll-
ment and license’, ‘license for the coastwise (or coasting) trade’, 
and ‘enrollment and license for the coastwise (or coasting) trade’ 
mean a certificate of documentation with a coastwise endorse-
ment issued under this chapter. 
‘‘(3) YACHT.—The term ‘yacht’ means a recreational vessel 
even if not documented. 
‘‘§ 12102. Vessels requiring documentation 
‘‘(a) IN GENERAL.—Except as otherwise provided, a vessel may 
engage in a trade only if the vessel has been issued a certificate 
of documentation with an endorsement for that trade under this 
chapter. 
‘‘(b) VESSELS LESS THAN 5 NET TONS.—A vessel of less than 
5 net tons may engage in a trade without being documented if 
the vessel otherwise satisfies the requirements to engage in the 
particular trade. 
‘‘(c) BARGES.—A barge qualified to engage in the coastwise 
trade may engage in the coastwise trade, without being documented, 
on rivers, harbors, lakes (except the Great Lakes), canals, and 
inland waters. 
‘‘§ 12103. General eligibility requirements 
‘‘(a) IN GENERAL.—Except as otherwise provided, a certificate 
of documentation for a vessel may be issued under this chapter 
only if the vessel is—
‘‘(1) wholly owned by one or more individuals or entities 
described in subsection (b); 
‘‘(2) at least 5 net tons as measured under part J of this 
subtitle; and 
‘‘(3) not documented under the laws of a foreign country. 
‘‘(b) ELIGIBLE OWNERS.—For purposes of subsection (a)(1), the 
following are eligible owners: 
‘‘(1) An individual who is a citizen of the United States. 
‘‘(2) An association, trust, joint venture, or other entity 
if—
‘‘(A) each of its members is a citizen of the United 
States; and 
‘‘(B) it is capable of holding title to a vessel under 
the laws of the United States or a State. 
‘‘(3) A partnership if—
‘‘(A) each general partner is a citizen of the United 
States; and 
‘‘(B) the controlling interest in the partnership is owned 
by citizens of the United States. 
‘‘(4) A corporation if—
‘‘(A) it is incorporated under the laws of the United 
States or a State;
H. R. 1442—9
‘‘(B) its chief executive officer, by whatever title, and 
the chairman of its board of directors are citizens of the 
United States; and 
‘‘(C) no more of its directors are noncitizens than a 
minority of the number necessary to constitute a quorum. 
‘‘(5) The United States Government. 
‘‘(6) The government of a State. 
‘‘(c) TEMPORARY CERTIFICATES PRIOR TO MEASUREMENT.—Not-
withstanding subsection (a)(2), the Secretary may issue a temporary 
certificate of documentation for a vessel before it is measured. 
‘‘§ 12104. Applications for documentation 
‘‘(a) IN GENERAL.—An application for a certificate of documenta-
tion or endorsement under this chapter must be filed by the owner 
of the vessel. The application must be filed in the manner, be 
in the form, and contain the information prescribed by the Sec-
retary. 
‘‘(b) APPLICANT’S IDENTIFYING INFORMATION.—The Secretary 
shall require the applicant to provide—
‘‘(1) if the applicant is an individual, the individual’s social 
security number; or 
‘‘(2) if the applicant is an entity—
‘‘(A) the entity’s taxpayer identification number; or 
‘‘(B) if the entity does not have a taxpayer identification 
number, the social security number of an individual who 
is a corporate officer, general partner, or individual trustee 
of the entity and who signs the application. 
‘‘§ 12105. Issuance of documentation 
‘‘(a) IN GENERAL.—Except as provided in section 12152 of this 
title, the Secretary, on receipt of a proper application, shall issue 
a certificate of documentation or a temporary certificate of docu-
mentation for a vessel satisfying the requirements of section 12103 
of this title. The certificate shall contain each endorsement under 
subchapter II of this chapter for which the owner applies and 
the vessel is eligible. 
‘‘(b) TEMPORARY CERTIFICATES FOR RECREATIONAL VESSELS.—
The Secretary may delegate, subject to the supervision and control 
of the Secretary and under terms prescribed by regulation, to pri-
vate entities determined and certified by the Secretary to be quali-
fied, the authority to issue a temporary certificate of documentation 
for a recreational vessel eligible under section 12103 of this title. 
A temporary certificate issued under this subsection is valid for 
not more than 30 days. 
‘‘(c) INFORMATION TO BE INCLUDED IN CERTIFICATE.—A certifi-
cate of documentation shall—
‘‘(1) identify and describe the vessel; 
‘‘(2) identify the owner of the vessel; and 
‘‘(3) contain additional information prescribed by the Sec-
retary. 
‘‘(d) PROCEDURES TO ENSURE INTEGRITY AND ACCURACY.—The 
Secretary shall prescribe procedures to ensure the integrity of, 
and the accuracy of information contained in, certificates of docu-
mentation.