dreamproit/uscode huggingface dataset:
45 U.S.C. § 1342 (RAILROADS)
§ 1342. Exemption from liability
(a) In general
No person referred to in section 726(f)(8)(C)(i), (ii), or (iii) of this title shall be liable, for money damages or otherwise, to any party if, with respect to the subject matter of the action, suit, or proceeding, such person was fulfilling a duty, in connection with any action taken under this subchapter, which such person in good faith reasonably believed to be required by law or vested in such person.
(b) Exception
This section shall not apply to claims arising out of the Securities Act of 1933 [15 U.S.C. 77a et seq.], the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.], or the Constitution or laws of any State, territory, or possession of the United States relating to transactions in securities, which claims are in connection with a public offering under section 1312 of this title.
(Pub. L. 99–509, title IV, § 4034, Oct. 21, 1986, 100 Stat. 1909.)
heading: References in Text
text: The Securities Act of 1933, referred to in subsec. (b), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables.
The Securities Exchange Act of 1934, referred to in subsec. (b), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables.
45 U.S.C. § 1343 (RAILROADS)
§ 1343. Charter amendment
Within 60 days after October 21, 1986, the Corporation shall amend its Articles of Incorporation to contain the following provision, which provision shall not be subject to amendment or repeal:
“It shall be a fundamental purpose of the Corporation to maintain continued rail service in its service area.”.
(Pub. L. 99–509, title IV, § 4035, Oct. 21, 1986, 100 Stat. 1909.)
45 U.S.C. § 1344 (RAILROADS)
§ 1344. Status of Conrail after sale
The Corporation shall be a rail carrier as defined in section 10102 of title 49, notwithstanding this subchapter.
(Pub. L. 99–509, title IV, § 4036, Oct. 21, 1986, 100 Stat. 1909; Pub. L. 104–88, title III, § 332, Dec. 29, 1995, 109 Stat. 953.)
heading: Amendments
text: 1995—Pub. L. 104–88 substituted “section 10102” for “section 10102(19)”.
heading: Effective Date of 1995 Amendment
text: Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of Title 49, Transportation.
45 U.S.C. § 1345 (RAILROADS)
§ 1345. Effect on contracts
Nothing in this subchapter shall affect any obligation of the Corporation to carry out its transportation contracts and equipment leases, equipment trusts, and conditional sales agreements, in accordance with their terms.
(Pub. L. 99–509, title IV, § 4037, Oct. 21, 1986, 100 Stat. 1909.)
45 U.S.C. § 1346 (RAILROADS)
§ 1346. Resolution of certain issues
(a) Employee issues
Section 4024 completely and finally—
(1) extinguishes all employee rights, and any obligation of the United States, under section 761(e) 1 of this title as in effect immediately before October 21, 1986;
(2) resolves any and all claims against the Corporation or any other person arising under the Definitive Agreement referred to in section 4024(d)(1) or any other agreement containing similar terms and conditions;
(3) resolves all claims to pay entitlements arising out of the pay increase deferrals by present and former employees of the Corporation under the Agreement of May 5, 1981, between Conrail and Certain Labor Organizations for Labor Contributions to Self-Sufficiency for Conrail;
(4) resolves all issues raised by notices served by representatives of such employees under section 156 of this title proposing repayment of or compensation for such deferrals; and
(5) resolves all claims against the Railway Labor Executives’ Association or the Corporation by any adviser, consultant, or other person who has provided services to such association in connection with any matter referred to in this subchapter.
(b) Corporation actions
The Corporation shall not be considered to be in breach, default, or violation of any agreement to which it is a party, notwithstanding any provision of such agreement, because of any provision of this subchapter or any action the Corporation is required to take under this subchapter.
(c) Right to sue withdrawn
The United States hereby withdraws any stated or implied consent for the United States, or any agent or officer of the United States, to be sued by any person for any legal, equitable, or other relief with respect to any claim arising out of, or resulting from, acts or omissions under this subchapter, except actions brought to require the Secretary of Transportation to perform duties or acts required under part A of this subchapter.
(Pub. L. 99–509, title IV, § 4038, Oct. 21, 1986, 100 Stat. 1909.)
heading: References in Text
text: Section 4024, referred to in subsec. (a), is section 4024 of Pub. L. 99–509, which amended section 797 of this title, provided for repeal of section 797 of this title effective on the sale date of the Consolidated Rail Corporation, and enacted provisions set out as a note under section 797 of this title. Section 4024(d)(1) is set out as a note under section 797 of this title.
Section 761 of this title, referred to in subsec. (a)(1), was repealed by Pub. L. 99–509, title IV, § 4033(a)(1), Oct. 21, 1986, 100 Stat. 1908.
Part A of this subchapter, referred to in subsec. (c), was in the original “subpart A” meaning subpart A (§§ 4011–4013) of part 2 of subtitle A of title IV of Pub. L. 99–509, Oct. 21, 1986, 100 Stat. 1895, which enacted part A of this subchapter and amended section 726 of this title. For complete classification of this Act to the Code, see Tables.
46 U.S.C. § 102 (SHIPPING)
§ 102. Barge
In this title, the term “barge” means a non-self-propelled vessel.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)
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102
46:2101(2).
46 U.S.C. § 103 (SHIPPING)
§ 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).1
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)
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103
46:2101(3).
46 U.S.C. § 104 (SHIPPING)
§ 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)).
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)
text: Historical and Revision Notes
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104
46:2101(3a).
The words “when used in reference to a natural person” are added because of provisions in the title which treat entities as citizens. The words “or an individual citizen of the Trust Territory of the Pacific Islands who is exclusively domiciled in the Northern Mariana Islands within the meaning of section 1005(e) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1801 note)” are omitted because the Covenant referred to became effective November 4, 1986, making citizens of the Northern Mariana Islands citizens or non-citizen nationals of the United States.
46 U.S.C. § 105 (SHIPPING)
§ 105. Consular officer
In this title, the term “consular officer” means an officer or employee of the United States Government designated under regulations to issue visas.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)
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105
46:2101(6).
46 U.S.C. § 106 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)
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106
46:2101(10).
46 U.S.C. § 107 (SHIPPING)
§ 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).
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
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107
46:2101(10a).
46 U.S.C. § 108 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
text: Historical and Revision Notes
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108
46:12101(a)(1).
46 U.S.C. § 109 (SHIPPING)
§ 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-Differential 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
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109
46 App.:1244(a).
June 29, 1936, ch. 858, title IX, § 905(a), 49 Stat. 2016; June 23, 1938, ch. 600, § 39(a), 52 Stat. 964; Pub. L. 91–469, § 28, Oct. 21, 1970, 84 Stat. 1034; Pub. L. 92–402, § 2, Aug. 22, 1972, 86 Stat. 617; Pub. L. 97–31, § 12(133)(A), Aug. 6, 1981, 95 Stat. 165.
In subsection (a), the words “its Territories or possessions, or the District of Columbia” are omitted because of the definition of “United States” in this chapter.
heading: References in Text
text: The Merchant Marine Act, 1936, referred to in subsec. (b), is act June 29, 1936, ch. 858, 49 Stat. 1985. Title V of the Act enacted provisions set out as notes under section 53101 of this title. For complete classification of this Act to the Code, see Short Title of 1936 Amendment note set out under section 101 of this title and Tables.
46 U.S.C. § 110 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
text: Historical and Revision Notes
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110
46:2101(12).
46 U.S.C. § 111 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
text: Historical and Revision Notes
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111
46:2101(17b).
46 U.S.C. § 112 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
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112
46:2101(36).
46 U.S.C. § 113 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
text: Historical and Revision Notes
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113
46:2101(41).
The words “certificate of documentation” are substituted for “document” for consistency with chapter 121.
46 U.S.C. § 114 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
text: Historical and Revision Notes
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114
46:2101(44).
46 App.:1244(g).
June 29, 1936, ch. 858, title IX, § 905(g), 49 Stat. 2016; as added Pub. L. 96–453, § 3(b), Oct. 15, 1980, 94 Stat. 2008.
The language in 46 App. U.S.C. 1244(g) relating to the areas and installations in the Republic of Panama is omitted because those areas and installations were turned over to Panama by the end of 1999.
46 U.S.C. § 115 (SHIPPING)
§ 115. Vessel
In this title, the term “vessel” has the meaning given that term in section 3 of title 1.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
text: Historical and Revision Notes
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115
46:2101(45).
46 U.S.C. § 116 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1488.)
text: Historical and Revision Notes
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116
46:2101(46).
46 U.S.C. § 302 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489.)
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302
46 App.:1111 note.
Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, § 102(d), 75 Stat. 840; Pub. L. 105–258, title II, § 202, Oct. 14, 1998, 112 Stat. 1915.
46 U.S.C. § 303 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489.)
text: Historical and Revision Notes
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303
46 App.:1111(c) (related to records).
June 29, 1936, ch. 858, title II, § 201(c) (related to records), 49 Stat. 1986.
The words “true” and “yea-and-nay” are omitted as unnecessary.
46 U.S.C. § 304 (SHIPPING)
§ 304. Delegation of authority
(a) Delegation.—
The Federal Maritime Commission, by published order or regulation, may delegate to a division of the Commission, 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, certifying, 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 prescribed under subsection (b), the action taken under the delegation of authority is deemed to be the action of the Commission.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489.)
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304
46 App.:1111 note.
Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, § 105(a)–(c), 75 Stat. 841.
46 U.S.C. § 305 (SHIPPING)
§ 305. Regulations
The Federal Maritime Commission may prescribe regulations to carry out its duties and powers.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489.)
text: Historical and Revision Notes
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305
46 App.:1111(c) (related to rules and regulations).
June 29, 1936, ch. 858, title II, § 201(c) (related to rules and regulations), 49 Stat. 1986.
46 App.:1716.
Pub. L. 98–237, § 17, Mar. 20, 1984, 98 Stat. 84.
The words “to carry out its duties and powers” are substituted for “in regard to its procedure and the conduct of its business” in 46 App. U.S.C. 1111(c) and “to carry out this chapter” in 46 App. U.S.C. 1716(a) for consistency in the revised title. The text of 46 App. U.S.C. 1716(b) is omitted as executed and obsolete.
46 U.S.C. § 306 (SHIPPING)
§ 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 Commission shall include in its annual report to Congress—
(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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489.)
text: Historical and Revision Notes
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306(a)
46 App.:1118 (related to Commission).
June 29, 1936, ch. 858, title II, § 208 (related to Commission), 49 Stat. 1988; Pub. L. 94–273, § 36, Apr. 21, 1976, 90 Stat. 380; Pub. L. 97–31, § 12(65), Aug. 6, 1981, 95 Stat. 159.
306(b)
46 App.:1710a(g).
Pub. L. 100–418, title X, § 10002(g), Aug. 23, 1988, 102 Stat. 1572.
In subsection (a), the words “a statement of all receipts under this chapter” are omitted as inapplicable to the Commission.
46 U.S.C. § 307 (SHIPPING)
§ 307. Expenditures
The Federal Maritime Commission may make such expenditures as are necessary in the performance of its functions from funds appropriated or otherwise made available to it, which appropriations are authorized.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1490.)
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307
46 App.:1111(d) (related to Commission).
June 29, 1936, ch. 858, title II, § 201(d) (related to Commission), 49 Stat. 1986; Pub. L. 97–31, § 12(58)(B), Aug. 6, 1981, 95 Stat. 158.
The words “by this chapter”, “after June 29, 1936”, and “further” are omitted as unnecessary.
46 U.S.C. § 502 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1490.)
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502
46 App.:326.
R.S. § 4378.
46 U.S.C. § 503 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1490.)
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503
46 App.:327.
R.S. § 4379.
46 U.S.C. § 504 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1491.)
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504
46:2108.
This section replaces 46 U.S.C. 2108, which was enacted as part of the codification of subtitle II of title 46 in 1983. That provision was based on section 26 of the Act of June 26, 1884, ch. 121, 23 Stat. 59, which prior to the subtitle II codification appeared at 46 U.S.C. 8 (1982 ed.). In the enactment of 46 U.S.C. 2108, the scope of the 1884 provision was narrowed, presumably inadvertently. This section restores the remissions authority to its prior scope. Note that 19 C.F.R. § 4.24 (2003) still refers to “the authority to make refunds in accordance with section 26 of the Act of June 26, 1884 (46 U.S.C. 8)” as if that provision had not been replaced by 46 U.S.C. 2108 in 1983.
46 U.S.C. § 505 (SHIPPING)
§ 505. Penalty for violating regulation or order
A person convicted of knowingly and willfully violating a regulation 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1491.)
text: Historical and Revision Notes
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505
46 App.:1228 (last par.).
June 29, 1936, ch. 858, title VIII, § 806(d); as added Aug. 4, 1939, ch. 417, § 13, 53 Stat. 1187; Pub. L. 97–31, § 12(125), Aug. 6, 1981, 95 Stat. 164.