dreamproit/uscode huggingface dataset:
46 U.S.C. § 42301 (SHIPPING)
§ 42301. Definitions
(a) Defined in Part A.—
In this chapter, the terms “common carrier”, “marine terminal operator”, “ocean common carrier”, “ocean transportation intermediary”, “shipper”, and “shippers’ association” have the meaning given those terms in section 40102 of this title.
(b) Other Definitions.—
In this chapter:
(1) Foreign carrier.—
The term “foreign carrier” means an ocean common carrier a majority of whose vessels are documented under the laws of a foreign country.
(2) Maritime services.—
The term “maritime services” means port-to-port transportation of cargo by vessels operated by an ocean common carrier.
(3) Maritime-related services.—
The term “maritime-related services” means intermodal operations, terminal operations, cargo solicitation, agency services, ocean transportation intermediary services and operations, and all other activities and services integral to total transportation systems of ocean common carriers and their foreign domiciled affiliates for themselves and others.
(4) United states carrier.—
The term “United States carrier” means an ocean common carrier operating vessels documented under the laws of the United States.
(5) United states oceanborne trade.—
The term “United States oceanborne trade” means the carriage of cargo between the United States and a foreign country, whether directly or indirectly, by an ocean common carrier.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1551.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42301
46 App.:1710a(a).
Pub. L. 100–418, title X, § 10002(a), Aug. 23, 1988, 102 Stat. 1570; Pub. L. 105–258, title I, § 111(1)–(3), Oct. 14, 1998, 112 Stat. 1911.
46 U.S.C. § 42302 (SHIPPING)
§ 42302. Investigations
(a) In General.—
The Federal Maritime Commission shall investigate whether any laws, rules, regulations, policies, or practices of a foreign government, or any practices of a foreign carrier or other person providing maritime or maritime-related services in a foreign country, result in the existence of conditions that—
(1) adversely affect the operations of United States carriers in United States oceanborne trade; and
(2) do not exist for foreign carriers of that country in the United States under the laws of the United States or as a result of acts of United States carriers or other persons providing maritime or maritime-related services in the United States.
(b) Initiation of Investigation.—
An investigation under subsection (a) may be initiated by the Commission on its own motion or on the petition of any person, including another component of the United States Government.
(c) Time for Decision.—
The Commission shall complete an investigation under this section and render a decision within 120 days after it is initiated. However, the Commission may extend this 120-day period for an additional 90 days if the Commission is unable to obtain sufficient information to determine whether a condition specified in subsection (a) exists. A notice providing an extension shall state clearly the reasons for the extension.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1552.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42302(a)
46 App.:1710a(b).
Pub. L. 100–418, title X, § 10002(b), (c), Aug. 23, 1988, 102 Stat. 1570; Pub. L. 105–258, title I, § 111(4), Oct. 14, 1998, 112 Stat. 1911.
42302(b)
46 App.:1710a(c)(1).
42302(c)
46 App.:1710a(c)(2).
In subsection (b), the words “including another component of the United States Government” are substituted for “including any common carrier, shipper, shippers’ association, ocean transportation intermediary, or marine terminal operator, or any branch, department, agency, or other component of the Government of the United States” for consistency with section 42101(b) of the revised title and to eliminate unnecessary words.
46 U.S.C. § 42303 (SHIPPING)
§ 42303. Information requests
(a) In General.—
To further the purposes of section 42302(a) of this title, the Federal Maritime Commission may order any person (including a common carrier, shipper, shippers’ association, ocean transportation intermediary, or marine terminal operator, or an officer, receiver, trustee, lessee, agent or employee thereof) to file with the Commission any periodic or special report, answers to questions, documentary material, or other information the Commission considers necessary or appropriate. The Commission may require the response to any such order to be made under oath. The response shall be provided in the form and within the time specified by the Commission.
(b) Subpoenas.—
In an investigation under section 42302 of this title, the Commission may subpoena witnesses and evidence.
(c) Nondisclosure.—
Notwithstanding any other provision of law, the Commission may determine that any information submitted to it in response to a request under this section, or otherwise, shall not be disclosed to the public.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1552.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42303
46 App.:1710a(d)
Pub. L. 100–418, title X, § 10002(d), Aug. 23, 1988, 102 Stat. 1571; Pub. L. 105–258, title I, § 111(4), Oct. 14, 1998, 112 Stat. 1911.
In subsection (b), the words “subpoena witnesses and evidence” are substituted for “issue subpoenas to compel the attendance and testimony of witnesses and the production of records or other evidence” for consistency in the revised title and to eliminate unnecessary words.
In subsection (c), the words “in its discretion” are omitted as unnecessary.
46 U.S.C. § 42304 (SHIPPING)
§ 42304. Action against foreign carriers
(a) In General.—
Subject to section 42306 of this title, whenever the Federal Maritime Commission, after notice and opportunity for comment or hearing, determines that the conditions specified in section 42302(a) of this title exist, the Commission shall take such action to offset those conditions as it considers necessary and appropriate against any foreign carrier that is a contributing cause, or whose government is a contributing cause, to those conditions. The action may include—
(1) limitations on voyages to and from United States ports or on the amount or type of cargo carried;
(2) suspension, in whole or in part, of any or all tariffs and service contracts, including an ocean common carrier’s right to use any or all tariffs and service contracts of conferences in United States trades of which it is a member for any period the Commission specifies;
(3) suspension, in whole or in part, of an ocean common carrier’s right to operate under any agreement filed with the Commission, including any agreement authorizing preferential treatment at terminals, preferential terminal leases, space chartering, or pooling of cargo or revenue with other ocean common carriers; and
(4) a fee not to exceed $1,000,000 per voyage.
(b) Consultation.—
The Commission may consult with, seek the cooperation of, or make recommendations to other appropriate agencies of the United States Government prior to taking any action under subsection (a).
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1553.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42304(a)
46 App.:1710a(e)(1).
Pub. L. 100–418, title X, § 10002(e)(1), (2), Aug. 23, 1988, 102 Stat. 1571; Pub. L. 105–258, title I, § 111(5), (6), Oct. 14, 1998, 112 Stat. 1911.
42304(b)
46 App.:1710a(e)(2).
In subsection (a), the words “Subject to section 42306 of this title” are added to alert the reader to the application of that section.
46 U.S.C. § 42305 (SHIPPING)
§ 42305. Refusal of clearance and entry
Subject to section 42306 of this title, whenever the Federal Maritime Commission determines that the conditions specified in section 42302(a) of this title exist, then at the request of the Commission—
(1) the Secretary of Homeland Security shall refuse the clearance required by section 60105 of this title to a vessel of a foreign carrier that is identified by the Commission under section 42304 of this title; and
(2) the Secretary of the department in which the Coast Guard is operating shall—
(A) deny entry, for purposes of oceanborne trade, of a vessel of a foreign carrier that is identified by the Commission under section 42304 of this title, to a port or place in the United States or the navigable waters of the United States; or
(B) detain the vessel at the port or place in the United States from which it is about to depart for another port or place in the United States.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1553.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42305
46 App.:1710a(f).
Pub. L. 100–418, title X, § 10002(f), Aug. 23, 1988, 102 Stat. 1572.
Before paragraph (1), the words “Subject to section 42306 of this title” are added to alert the reader to the application of that section. The word “determines” is substituted for “finds” for consistency with section 42306 of the revised title.
In paragraph (1), the words “Secretary of Homeland Security” are substituted for “collector of customs at any port or place of destination in the United States” because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178). The functions of the collector of customs previously were vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950, and the office of collector of customs previously was abolished by Reorganization Plan No. 1 of 1965.
46 U.S.C. § 42306 (SHIPPING)
§ 42306. Submission of determinations to President
Before a determination under section 42304 of this title becomes effective or a request is made under section 42305 of this title, the determination shall be submitted immediately to the President. The President, within 10 days after receiving it, may disapprove it in writing, setting forth the reasons for the disapproval, if the President finds that disapproval is required for reasons of national defense or foreign policy.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1553.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42306
46 App.:1710a(e)(3).
Pub. L. 100–418, title X, § 10002(e)(3), Aug. 23, 1988, 102 Stat. 1572.
46 U.S.C. § 42307 (SHIPPING)
§ 42307. Review of regulations and orders
A regulation or final order of the Federal Maritime Commission under this chapter is reviewable exclusively in the same forum and in the same manner as provided in section 2342(3)(B) of title 28.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1554.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
42307
46 App.:1710a(i).
Pub. L. 100–418, title X, § 10002(i), Aug. 23, 1988, 102 Stat. 1572.
46 U.S.C. § 44101 (SHIPPING)
§ 44101. Application
This chapter applies to a vessel that—
(1) has berth or stateroom accommodations for at least 50 passengers; and
(2) boards passengers at a port in the United States.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1554.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
44101
46 App.:817d(a) (6th–28th words).
Pub. L. 89–777, §§ 2(a) (6th–28th words), 3(a) (15th–36th words), Nov. 6, 1966, 80 Stat. 1356, 1357.
46 App.:817e(a) (15th–36th words).
46 U.S.C. § 44102 (SHIPPING)
§ 44102. Financial responsibility to indemnify passengers for nonperformance of transportation
(a) Filing Requirement.—
A person in the United States may not arrange, offer, advertise, or provide transportation on a vessel to which this chapter applies unless the person has filed with the Federal Maritime Commission evidence of financial responsibility to indemnify passengers for nonperformance of the transportation.
(b) Satisfactory Evidence.—
To satisfy subsection (a), a person must file—
(1) information the Commission considers necessary; or
(2) a copy of a bond or other security, in such form as the Commission by regulation may require.
(c) Authorized Issuer of Bond.—
If a bond is filed, it must be issued by a bonding company authorized to do business in the United States.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1554.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
44102
46 App.:817e(a) (1st–14th, 37th–last words), (b).
Pub. L. 89–777, § 3(a) (1st–14th, 37th–last words), (b), Nov. 6, 1966, 80 Stat. 1357; Pub. L. 103–206, title III, § 320, Dec. 20, 1993, 107 Stat. 2427.
In subsection (c), the words “or any State thereof, or the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any territory or possession of the United States” are omitted as unnecessary because of the definition of “United States” in chapter 1 of the revised title.
46 U.S.C. § 44103 (SHIPPING)
§ 44103. Financial responsibility to pay liability for death or injury
(a) General Requirement.—
The owner or charterer of a vessel to which this chapter applies shall establish, under regulations prescribed by the Federal Maritime Commission, financial responsibility to meet liability for death or injury to passengers or other individuals on a voyage to or from a port in the United States.
(b) Amounts.—
(1) In general.—
The amount of financial responsibility required under subsection (a) shall be based on the number of passenger accommodations as follows:
(A) $20,000 for each of the first 500 passenger accommodations.
(B) $15,000 for each additional passenger accommodation between 501 and 1,000.
(C) $10,000 for each additional passenger accommodation between 1,001 and 1,500.
(D) $5,000 for each additional passenger accommodation over 1,500.
(2) Multiple vessels.—
If the owner or charterer is operating more than one vessel subject to this chapter, the amount of financial responsibility shall be based on the number of passenger accommodations on the vessel with the largest number of passenger accommodations.
(c) Availability To Pay Judgment.—
The amount determined under subsection (b) shall be available to pay a judgment for damages (whether less than or more than $20,000) for death or injury to a passenger or other individual on a voyage to or from a port in the United States.
(d) Means of Establishing.—
Financial responsibility under this section may be established by one or more of the following if acceptable to the Commission:
(1) Insurance.
(2) Surety bond issued by a bonding company authorized to do business in the United States.
(3) Qualification as a self-insurer.
(4) Other evidence of financial responsibility.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1554.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
44103
46 App.:817d(a) (1st–5th, 29th–last words), (b).
Pub. L. 89–777, § 2(a) (1st–5th, 29th–last words), (b), Nov. 6, 1966, 80 Stat. 1356.
In subsection (d)(2), the words “issued by a bonding company authorized to do business in the United States” are substituted for 46 App. U.S.C. 817d(b) to eliminate unnecessary words. The words “or any State thereof or the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any territory or possession of the United States” are omitted as unnecessary because of the definition of “United States” in chapter 1 of the revised title.
46 U.S.C. § 44104 (SHIPPING)
§ 44104. Civil penalty
A person that violates section 44102 or 44103 of this title is liable to the United States Government for a civil penalty of not more than $5,000, plus $200 for each passage sold, to be assessed by the Federal Maritime Commission. The Commission may remit or mitigate the penalty on terms the Commission considers proper.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1555.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
44104
46 App.:817d(c).
Pub. L. 89–777, §§ 2(c), 3(c), Nov. 6, 1966, 80 Stat. 1357.
46 App.:817e(c).
46 U.S.C. § 44105 (SHIPPING)
§ 44105. Refusal of clearance
The Secretary of Homeland Security shall refuse the clearance required by section 60105 of this title, at the port or place of departure from the United States, of a vessel that is subject to this chapter and does not have evidence issued by the Federal Maritime Commission of compliance with sections 44102 and 44103 of this title.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1555.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
44105
46 App.:817d(e).
Pub. L. 89–777, §§ 2(e), 3(e), Nov. 6, 1966, 80 Stat. 1357, 1358; Pub. L. 103–182, title VI, § 689(c), Dec. 8, 1993, 107 Stat. 2222.
46 App.:817e(e).
The words “Secretary of Homeland Security” are substituted for “Customs Service” because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178).
46 U.S.C. § 44106 (SHIPPING)
§ 44106. Conduct of proceedings
Part A of this subtitle applies to proceedings conducted by the Federal Maritime Commission under this chapter.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1555.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
44106
46 App.:817d(d).
Pub. L. 89–777, §§ 2(d), 3(d), Nov. 6, 1966, 80 Stat. 1357, 1358; Pub. L. 104–324, title VII, § 746(c), Oct. 19, 1996, 110 Stat. 3943.
46 App.:817e(d).
The authority to prescribe regulations is omitted as unnecessary because it is already provided by section 305 of the revised title.
46 U.S.C. § 50101 (SHIPPING)
§ 50101. Objectives and policy
(a) Objectives.—
It is necessary for the national defense and the development of the domestic and foreign commerce of the United States that the United States have a merchant marine—
(1) sufficient to carry the waterborne domestic commerce and a substantial part of the waterborne export and import foreign commerce of the United States and to provide shipping service essential for maintaining the flow of the waterborne domestic and foreign commerce at all times;
(2) capable of serving as a naval and military auxiliary in time of war or national emergency;
(3) owned and operated as vessels of the United States by citizens of the United States;
(4) composed of the best-equipped, safest, and most suitable types of vessels constructed in the United States and manned with a trained and efficient citizen personnel; and
(5) supplemented by efficient facilities for building and repairing vessels.
(b) Policy.—
It is the policy of the United States to encourage and aid the development and maintenance of a merchant marine satisfying the objectives described in subsection (a).
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1556; Pub. L. 111–84, div. C, title XXXV, § 3511, Oct. 28, 2009, 123 Stat. 2722.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50101
46 App.:861.
June 5, 1920, ch. 250, § 1, 41 Stat. 988; Exec. Order No. 6166, June 10, 1933, § 12; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Pub. L. 97–31, § 12(33), Aug. 6, 1981, 95 Stat. 156.
46 App.:891.
May 22, 1928, ch. 675, § 1, 45 Stat. 689.
46 App.:1101.
June 29, 1936, ch. 858, title I, § 101, 49 Stat. 1985; Pub. L. 91–469, § 1, Oct. 21, 1970, 84 Stat. 1018.
This section consolidates the source provisions to eliminate repetition.
heading: Amendments
text: 2009—Subsec. (a)(4). Pub. L. 111–84 inserted “constructed in the United States” after “vessels”.
46 U.S.C. § 50102 (SHIPPING)
§ 50102. Survey of merchant marine
(a) In General.—
The Secretary of Transportation shall survey the merchant marine of the United States to determine whether replacements and additions are required to carry out the objectives and policy of section 50101 of this title. The Secretary shall study, perfect, and adopt a long-range program for replacements and additions that will result, as soon as practicable, in—
(1) an adequate and well-balanced merchant fleet, including vessels of all types, that will provide shipping service essential for maintaining the flow of foreign commerce by vessels designed to be readily and quickly convertible into transport and supply vessels in a time of national emergency;
(2) ownership and operation of the fleet by citizens of the United States insofar as practicable;
(3) vessels designed to afford the best and most complete protection for passengers and crew against fire and all marine perils; and
(4) an efficient capacity for building and repairing vessels in the United States with an adequate number of skilled personnel to provide an adequate mobilization base.
(b) Cooperation With Secretary of Navy.—
In carrying out subsection (a)(1), the Secretary of Transportation shall cooperate closely with the Secretary of the Navy as to national defense requirements.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1557.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50102
46 App.:1120.
June 29, 1936, ch. 858, title II, § 210, 49 Stat. 1989; Pub. L. 91–469, §§ 3, 35(a), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub.L. 97–31, § 12(67) (related to § 210), Aug. 6, 1981, 95 Stat. 159.