dreamproit/uscode huggingface dataset:
46 U.S.C. § 60312 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1679.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
60312
46 App.:121 (last sentence words before semicolon).
R.S. § 4219 (last sentence words between 1st and last semicolons); Feb. 27, 1877, ch. 69, § 1, 19 Stat. 250.
46 App.:135.
R.S. § 4227.
The words “This chapter and chapter 605 of this title” are substituted for “title 48 of the Revised Statutes” in 46 App. U.S.C. 135 because the provisions of title 48 of the Revised Statutes which are still alive and relate to tonnage or other duties on vessels are restated in these two chapters. Although these two chapters restate other provisions which are not from title 48 of the Revised Statutes, expansion of the reference to include those provisions is done for consistency.
46 U.S.C. § 60501 (SHIPPING)
§ 60501. Vessels allowed to import
(a) In General.—
Except as otherwise provided by treaty, goods may be imported into the United States from a foreign port or place only in—
(1) a vessel of the United States; or
(2) a foreign vessel owned only by citizens or subjects of the country—
(A) in which the goods are grown, produced, or 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 country that does not maintain a similar restriction against United States documented 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.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1679.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
60501(a)
19:130 (1st sentence).
Oct. 3, 1913, ch. 16, § IV(J)(2), (3), 38 Stat. 196; Mar. 15, 1915, ch. 171, § 1, 38 Stat. 1193; Pub. L. 103–182, title VI, § 689(a)(2), Dec. 8, 1993, 107 Stat. 2222.
60501(b)
19:131 (words before “nor”).
60501(c)
19:131 (words beginning with “nor”).
60501(d)
19:130 (last sentence related to 19:130).
In this section, the word “goods” is substituted for “goods, wares, or merchandise” to eliminate unnecessary words.
In subsection (a)(2), before subparagraph (A), the words “owned only by” are substituted for “truly and wholly belong to” for consistency in the revised title.
In subsection (b), the words “or goods, wares, or merchandise imported in vessels” are omitted as unnecessary because of the wording of subsection (a) of the revised section. The word “restriction” is substituted for “regulation” as being more appropriate.
Subsection (d) is substituted for “All goods, wares, or merchandise imported contrary to this section or section 128 of this title, and the vessel wherein the same shall be imported, together with her cargo, tackle, apparel, and furniture, shall be forfeited to the United States; and such goods, wares, or merchandise, ship, or vessel, and cargo shall be liable to be seized, prosecuted, and condemned in like manner, and under the same regulations, restrictions, and provisions as have been heretofore established for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws” to eliminate unnecessary words.
46 U.S.C. § 60502 (SHIPPING)
§ 60502. Discriminating duty on goods imported in foreign vessels or from contiguous countries
(a) Imposition of Duty.—
A discriminating duty of 10 percent ad valorem (in addition to other duties imposed by law) is imposed on goods—
(1) imported in a vessel not of the United States unless the vessel—
(A) is entitled by law or treaty to enter the ports of the United States on payment of the same duties as are payable on goods imported in a vessel of the United States; or
(B)
(i) is owned only by citizens of the United States; and
(ii) after entering a port of the United States, becomes documented as a vessel of the United States before leaving that port; or
(2) produced or manufactured in a foreign country not contiguous to the United States and imported from a country contiguous to the United States, unless imported in the usual course of strictly retail trade.
(b) Seizure and Forfeiture.—
If goods are imported without payment of the duty required by this section, the goods and the vessel in which they are imported may be seized by, and forfeited to, the United States Government.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1680.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
60502(a)
19:128.
Oct. 3, 1913, ch. 16, § IV(J)(1), 38 Stat. 196; Mar. 15, 1915, ch. 171, § 1, 38 Stat. 1193; Pub. L. 103–182, title VI, § 689(a)(1), Dec. 8, 1993, 107 Stat. 2222.
46 App.:146.
60502(b)
19:130 (last sentence related to 19:128).
Oct. 3, 1913, ch. 16, § IV(J)(2), 38 Stat. 196.
In this section, the word “goods” is substituted for “goods, wares, or merchandise” to eliminate unnecessary words.
In subsection (a)(1), subparagraphs (A) and (B) are substituted for “but this discriminating duty shall not apply to goods, wares, or merchandise which shall be imported in vessels not of the United States entitled at the time of such importation by treaty or convention or Act of Congress to be entered in the ports of the United States on payment of the same duties as shall then be payable on goods, wares, and merchandise imported in vessels of the United States, nor to goods, wares, and merchandise imported in a vessel owned by citizens of the United States but not a vessel of the United States if such vessel after entering an American port shall, before leaving the same, be documented under chapter 121 of title 46” to eliminate unnecessary words.
Subsection (a)(2) is substituted for “or which being the production or manufacture of any foreign country not contiguous to the United States, shall come into the United States from such contiguous country” and “but this discriminating duty shall not apply . . . nor to such products or manufactures as shall be imported from such contiguous countries in the usual course of strictly retail trade” to eliminate unnecessary words.
Subsection (b) is substituted for the source provision for consistency with section 60501(d) and to eliminate unnecessary words. See note for section 60501(d) in this report.
46 U.S.C. § 60503 (SHIPPING)
§ 60503. Reciprocal suspension of discriminating duties
(a) General Authority.—
On receiving satisfactory proof from the government of a foreign country that it has suspended, in any part, the imposition of discriminating duties for any class of vessels owned by citizens of the United States or goods imported in those vessels, the President may proclaim a reciprocal suspension of discriminating duties for the same class of vessels owned by citizens of that country or goods imported in those vessels.
(b) Effective and Expiration Dates.—
A suspension under this section takes effect retroactively from the date the President received the proof from the foreign government, and expires when that government stops granting the reciprocal suspension.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1680.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
60503
46 App.:141.
R.S. § 4228; July 24, 1897, ch. 13, 30 Stat. 214.
In this section, the word “goods” is substituted for “produce, manufactures, or merchandise”, “merchandise”, and “cargoes” for consistency in the chapter. Other changes are made to eliminate unnecessary words.
46 U.S.C. § 60504 (SHIPPING)
§ 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, direction, place of cruising and action, and other matters the Secretary considers appropriate. The license shall be issued without cost to the yacht.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1680.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
60503
46 App.:104.
May 28, 1908, ch. 212, § 5, 35 Stat. 425; Aug. 5, 1909, ch. 6, § 37 (3d par.), 36 Stat. 112; June 26, 1948, ch. 673, 62 Stat. 1051.
The Secretary of Homeland Security is substituted for the Commissioner of Customs 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 Commissioner of Customs previously were vested in the Secretary of the Treasury under section 321(c) of title 31. For prior related transfers of functions, see the transfer of functions note under 46 App. U.S.C. 104.
46 U.S.C. § 70102 (SHIPPING)
§ 70102. United States facility and vessel vulnerability assessments
(a) Initial Assessments.—
The Secretary shall conduct an assessment of vessel types and United States facilities on or adjacent to the waters subject to the jurisdiction of the United States to identify those vessel types and United States facilities that pose a high risk of being involved in a transportation security incident.
(b) Facility and Vessel Assessments.—
(1) Based on the information gathered under subsection (a) of this section and by not later than December 31, 2004, the Secretary shall conduct a detailed vulnerability assessment of the facilities and vessels that may be involved in a transportation security incident. The vulnerability assessment shall include the following:
(A) Identification and evaluation of critical assets and infrastructures.
(B) Identification of the threats to those assets and infrastructures.
(C) Identification of weaknesses in physical security, passenger and cargo security, structural integrity, protection systems, procedural policies, communications systems, transportation infrastructure, utilities, contingency response, and other areas as determined by the Secretary.
(2) Upon completion of an assessment under this subsection for a facility or vessel, the Secretary shall provide the owner or operator with a copy of the vulnerability assessment for that facility or vessel.
(3) The Secretary shall update each vulnerability assessment conducted under this section at least every 5 years.
(4) In lieu of conducting a facility or vessel vulnerability assessment under paragraph (1), the Secretary may accept an alternative assessment conducted by or on behalf of the owner or operator of the facility or vessel if the Secretary determines that the alternative assessment includes the matters required under paragraph (1).
(c) Sharing of Assessment Integration of Plans and Equipment.—
The owner or operator of a facility, consistent with any Federal security restrictions, shall—
(1) make a current copy of the vulnerability assessment conducted under subsection (b) available to the port authority with jurisdiction of the facility and appropriate State or local law enforcement agencies; and
(2) integrate, to the maximum extent practical, any security system for the facility with compatible systems operated or maintained by the appropriate State, law enforcement agencies, and the Coast Guard.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2068; amended Pub. L. 108–458, title IV, § 4072(b), Dec. 17, 2004, 118 Stat. 3730; Pub. L. 111–281, title VIII, § 822, Oct. 15, 2010, 124 Stat. 3003.)
heading: Amendments
text: 2010—Subsec. (c). Pub. L. 111–281 added subsec. (c).
2004—Subsec. (b)(1). Pub. L. 108–458 substituted “and by not later than December 31, 2004, the Secretary” for “, the Secretary” in introductory provisions.
46 U.S.C. § 70104 (SHIPPING)
§ 70104. Transportation security incident response
(a) Facility and Vessel Response Plans.—
The Secretary shall—
(1) establish security incident response plans for vessels and facilities that may be involved in a transportation security incident; and
(2) make those plans available to the Administrator of the Federal Emergency Management Agency for inclusion in the Administrator’s response plan for United States ports and waterways.
(b) Contents.—
Response plans developed under subsection (a) shall provide a comprehensive response to an emergency, including notifying and coordinating with local, State, and Federal authorities, including the Administrator of the Federal Emergency Management Agency, securing the facility or vessel, and evacuating facility and vessel personnel.
(c) Inclusion in Security Plan.—
A response plan required under this subsection for a vessel or facility may be included in the security plan prepared under section 70103(c).
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2072; amended Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)
heading: Change of Name
text: “Administrator of the Federal Emergency Management Agency” and “Administrator’s” substituted for “Director of the Federal Emergency Management Agency” and “Director’s”, respectively, on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
heading: Transfer of Functions
text: For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
heading: Deadline
text: Pub. L. 107–295, title I, § 102(c), Nov. 25, 2002, 116 Stat. 2084, provided that: “The Secretary shall establish the plans required under section 70104(a)(1) of title 46, United States Code, as enacted by this Act, before April 1, 2003.”
46 U.S.C. § 70108 (SHIPPING)
§ 70108. Foreign port assessment
(a) In General.—
The Secretary shall assess the effectiveness of the antiterrorism measures maintained at—
(1) a foreign port—
(A) served by vessels documented under chapter 121 of this title; or
(B) from which foreign vessels depart on a voyage to the United States; and
(2) any other foreign port the Secretary believes poses a security risk to international maritime commerce.
(b) Procedures.—
In conducting an assessment under subsection (a), the Secretary shall assess the effectiveness of—
(1) screening of containerized and other cargo and baggage;
(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;
(5) the security management program of the foreign port; and
(6) other appropriate measures to deter terrorism against the United States.
(c) Consultation.—
In carrying out this section, the Secretary shall consult with—
(1) the Secretary of Defense and the Secretary of State—
(A) on the terrorist threat that exists in each country involved; and
(B) to identify foreign ports that pose a high risk of introducing terrorism to international maritime commerce;
(2) appropriate authorities of foreign governments; and
(3) operators of vessels.
(d) Periodic Reassessment.—
The Secretary, acting through the Commandant of the Coast Guard, shall reassess the effectiveness of antiterrorism measures maintained at ports as described under subsection (a) and of procedures described in subsection (b) not less than once every 3 years.
(e) Limitation on Statutory Construction.—
The absence of an inspection of a foreign port shall not bar the Secretary from making a finding that a port in a foreign country does not maintain effective antiterrorism measures.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2079; amended Pub. L. 109–347, title II, § 234, Oct. 13, 2006, 120 Stat. 1918; Pub. L. 111–281, title VIII, § 806(a)(1), (c)(2)(B), Oct. 15, 2010, 124 Stat. 2992, 2993.)
heading: Amendments
text: 2010—Subsec. (c)(2) to (4). Pub. L. 111–281, § 806(c)(2)(B), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “the Secretary of the Treasury;”.
Subsec. (e). Pub. L. 111–281, § 806(a)(1), added subsec. (e).
2006—Subsec. (d). Pub. L. 109–347 added subsec. (d).
46 U.S.C. § 70109 (SHIPPING)
§ 70109. Notifying foreign authorities
(a) In General.—
Unless the Secretary finds that a port in a foreign country maintains effective antiterrorism measures, the Secretary shall notify the appropriate authorities of the government of the foreign country of the finding and recommend the steps necessary to improve the antiterrorism measures in use at the port.
(b) Training Program.—
The Secretary, in cooperation with the Secretary of State, shall operate a port security training program for ports in foreign countries that are found under section 70108 to lack effective antiterrorism measures.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2080; amended Pub. L. 111–281, title VIII, § 806(a)(2), Oct. 15, 2010, 124 Stat. 2992.)
heading: Amendments
text: 2010—Subsec. (a). Pub. L. 111–281 substituted “Unless the Secretary finds that a port in a foreign country maintains effective antiterrorism measures,” for “If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country does not maintain effective antiterrorism measures,”.
46 U.S.C. § 70111 (SHIPPING)
§ 70111. Enhanced crewmember identification
(a) Requirement.—
Not later than 1 year after the date of enactment of the SAFE Port Act, the Secretary, in consultation with the Attorney General and the Secretary of State, shall require crewmembers on vessels calling at United States ports to carry and present on demand any identification that the Secretary decides is necessary.
(b) Forms and Process.—
Not later than 1 year after the date of enactment of the SAFE Port Act, the Secretary, in consultation with the Attorney General and the Secretary of State, shall establish the proper forms and process that shall be used for identification and verification of crewmembers.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2080; amended Pub. L. 109–347, title I, § 110, Oct. 13, 2006, 120 Stat. 1893.)
heading: References in Text
text: The date of enactment of the SAFE Port Act, referred to in subsecs. (a) and (b), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13, 2006.
heading: Amendments
text: 2006—Subsecs. (a), (b). Pub. L. 109–347 substituted “Not later than 1 year after the date of enactment of the SAFE Port Act, the” for “The”.
heading: International Seafarer Identification
text: Pub. L. 107–295, title I, § 103, Nov. 25, 2002, 116 Stat. 2084, provided that:
“(a) Treaty Initiative.—
The Secretary of the department in which the Coast Guard is operating is encouraged to negotiate an international agreement, or an amendment to an international agreement, that provides for a uniform, comprehensive, international system of identification for seafarers that will enable the United States and another country to establish authoritatively the identity of any seafarer aboard a vessel within the jurisdiction, including the territorial waters, of the United States or such other country.
“(b) Legislative Alternative.—
If the Secretary fails to complete a negotiation process undertaken under subsection (a) within 24 months after the date of enactment of this Act [Nov. 25, 2002], the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a draft of legislation that, if enacted, would establish a uniform, comprehensive system of identification for seafarers.”
[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
46 U.S.C. § 70113 (SHIPPING)
§ 70113. Maritime intelligence
(a) In General.—
The Secretary shall implement a system to collect, integrate, and analyze information concerning vessels operating on or bound for waters subject to the jurisdiction of the United States, including information related to crew, passengers, cargo, and intermodal shipments. The system may include a vessel risk profiling component that assigns incoming vessels a terrorism risk rating.
(b) Consultation.—
In developing the information system under subsection (a), the Secretary shall consult with the Transportation Security Oversight Board and other departments and agencies, as appropriate.
(c) Information Integration.—
To deter a transportation security incident, the Secretary may collect information from public and private entities to the extent that the information is not provided by other Federal departments and agencies.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2082; amended Pub. L. 108–293, title VIII, § 803(a), Aug. 9, 2004, 118 Stat. 1080.)
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–293 inserted at end “The system may include a vessel risk profiling component that assigns incoming vessels a terrorism risk rating.”