dreamproit/uscode huggingface dataset:
46 U.S.C. § 70304 (SHIPPING)
§ 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 foreign port that the Secretary has determined under section 70303(b) of this title does not maintain and administer effective security measures, the Secretary 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 administered 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.
(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1684.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
70304
46 App.:1804.
Pub. L. 99–399, title IX, § 908, Aug. 27, 1986, 100 Stat. 891; Pub. L. 105–277, div. G, title XXII, § 2224(b), Oct. 21, 1998, 112 Stat. 2681–819.
In subsection (b), the words “with respect to which the Secretary of Transportation had made the determination described in section 1803(d) of this Appendix” are omitted as unnecessary.
46 U.S.C. § 70305 (SHIPPING)
§ 70305. Suspension of passenger services
(a) General Authority.—
Whenever the President determines that a foreign 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 President 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 necessary to ensure the security of passenger vessels against unlawful seizure.
(b) Prohibition.—
A passenger vessel common carrier, or a passenger vessel 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.
(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1684.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
70305
46 App.:1805.
Pub. L. 99–399, title IX, § 909, Aug. 27, 1986, 100 Stat. 892.
46 U.S.C. § 70501 (SHIPPING)
§ 70501. Findings and declarations
Congress finds and declares that (1) 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 and (2) operating or embarking in a submersible vessel or semi-submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States.
(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1685; Pub. L. 110–407, title II, § 201, Oct. 13, 2008, 122 Stat. 4299.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
70501
46 App.:1902.
Pub. L. 96–350, § 2, Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–307, § 7, May 19, 1986, 100 Stat. 447; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–95; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3552.
heading: Amendments
text: 2008—Pub. L. 110–407 inserted cl. (1) designation after “declares that”, substituted “States and” for “States.”, and added cl. (2).
46 U.S.C. § 70503 (SHIPPING)
§ 70503. Manufacture, distribution, or possession of controlled 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.
(b) Extension Beyond Territorial Jurisdiction.—
Subsection (a) applies 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 controlled 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.
(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1687.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
70503(a)
46 App.:1903(a).
Pub. L. 96–350, § 3(a), (e), (h), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–95, 3207–96, 3207–97; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3552, 3554; Pub. L. 100–690, title VII, § 7402(a), Nov. 18, 1988, 102 Stat. 4483.
70503(b)
46 App.:1903(h).
70503(c)
46 App.:1903(e) (1st sentence).
70503(d)
46 App.:1903(e) (last sentence).
In subsection (a), before paragraph (1), the words “may not” are substituted for “It is unlawful for” for consistency in the revised title and to eliminate unnecessary words.
In subsection (b), the words “applies to” are substituted for “is intended to reach” for clarity and to eliminate unnecessary words.
46 U.S.C. § 70504 (SHIPPING)
§ 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 determined solely by the trial judge.
(b) Venue.—
A person violating section 70503 or 70508 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.
(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 110–407, title II, § 202(b)(2), Oct. 13, 2008, 122 Stat. 4300.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
70504
46 App.:1903(f).
Pub. L. 96–350, § 3(f), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–97; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3554; Pub. L. 104–324, § 1138(a)(5), Oct. 19, 1996, 110 Stat. 3989.
heading: Amendments
text: 2008—Subsec. (b). Pub. L. 110–407 inserted “or 70508” after “70503” in introductory provisions.
46 U.S.C. § 70505 (SHIPPING)
§ 70505. Failure to comply with international law as a defense
A person charged with violating section 70503 of this title, or against whom a civil enforcement proceeding is brought under section 70508, 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 failure to comply with international law does not divest a court of jurisdiction and is not a defense to a proceeding under this chapter.
(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 110–407, title II, § 202(b)(3), Oct. 13, 2008, 122 Stat. 4300.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
70505
46 App.:1903(d).
Pub. L. 96–350, § 3(d), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–96; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3553; Pub. L. 104–324, § 1138(a)(4), Oct. 19, 1996, 110 Stat. 3989.
heading: Amendments
text: 2008—Pub. L. 110–407 substituted “this title, or against whom a civil enforcement proceeding is brought under section 70508,” for “this title”.
46 U.S.C. § 70506 (SHIPPING)
§ 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 Prevention 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.
(c) Simple Possession.—
(1) In general.—
Any individual on a vessel subject to the jurisdiction of the United States who is found by the Secretary, after notice and an opportunity for a hearing, to have knowingly or intentionally possessed a controlled substance within the meaning of the Controlled Substances Act (21 U.S.C. 812) shall be liable to the United States for a civil penalty of not to exceed $5,000 for each violation. The Secretary shall notify the individual in writing of the amount of the civil penalty.
(2) Determination of amount.—
In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
(3) Treatment of civil penalty assessment.—
Assessment of a civil penalty under this subsection shall not be considered a conviction for purposes of State or Federal law but may be considered proof of possession if such a determination is relevant.
(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 111–281, title III, § 302, Oct. 15, 2010, 124 Stat. 2923.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
70506(a)
46 App.:1903(g).
Pub. L. 96–350, § 3(g), (j), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–97; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3554; Pub. L. 101–647, title XII, § 1203, Nov. 29, 1990, 104 Stat. 4830.
70506(b)
46 App.:1903(j).
In subsection (b), the words “the commission of which was the object of the attempt or conspiracy” are omitted as unnecessary.
heading: References in Text
text: The Controlled Substances Act, referred to in subsec. (c)(1), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
heading: Amendments
text: 2010—Subsec. (c). Pub. L. 111–281 added subsec. (c).
46 U.S.C. § 70508 (SHIPPING)
§ 70508. Operation of submersible vessel or semi-submersible vessel without nationality
(a) In General.—
An individual may not operate by any means or embark in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial sea with an adjacent country, with the intent to evade detection.
(b) Evidence of Intent To Evade Detection.—
In any civil enforcement proceeding for a violation of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection.
(c) Defenses.—
(1) In general.—
It is a defense in any civil enforcement proceeding for a violation of subsection (a) that the submersible vessel or semi-submersible vessel involved was, at the time of the violation—
(A) a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law;
(B) classed by and designed in accordance with the rules of a classification society;
(C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or
(D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system.
(2) Production of documents.—
The defenses provided by this subsection are proved conclusively by the production of—
(A) government documents evidencing the vessel’s nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas;
(B) a certificate of classification issued by the vessel’s classification society upon completion of relevant classification surveys and valid at the time of the offense; or
(C) government documents evidencing licensure, regulation, or registration for research or exploration.
(d) Civil Penalty.—
A person violating this section shall be liable to the United States for a civil penalty of not more than $1,000,000.
(Added Pub. L. 110–407, title II, § 202(a), Oct. 13, 2008, 122 Stat. 4299.)
46 U.S.C. § 80101 (SHIPPING)
§ 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 country 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 officer 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.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1690.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80101
46 App.:721.
R.S. § 4238.
In this section, the words “consular officer” are substituted for “Consuls and vice consuls” and “consul or vice consul” for consistency in the revised title.
Subsection (a)(1) is substituted for “as well for the purpose of saving the vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved” to eliminate unnecessary words.
46 U.S.C. § 80102 (SHIPPING)
[§ 80102. Repealed. Pub. L. 110–375, § 1(1), Oct. 8, 2008, 122 Stat. 4055]
text: Section, Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1690, related to license to salvage on Florida coast.
46 U.S.C. § 80103 (SHIPPING)
§ 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.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1690.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80103
46 App.:722.
R.S. § 4239.
46 App.:723.
R.S. § 4240.
In subsection (a), the words “of any description whatsoever” are omitted as unnecessary.
In subsection (b), the words “transporting property described in subsection (a) of this section” are substituted for “which shall be engaged or employed in carrying or transporting any property whatsoever, taken from any wreck, from the sea, or from any of the keys or shoals, within the jurisdiction of the United States, on the coast of Florida” to eliminate unnecessary words. The words “may be seized by, and forfeited to, the United States Government” are substituted for “shall . . . be forfeited” for consistency in the revised title. The words “together with her tackle, apparel, and furniture” are omitted as unnecessary. The words “accrues half to the informer and half to the Government” are substituted for “one moiety to the informer and the other to the United States” to use more commonly understood language.
46 U.S.C. § 80105 (SHIPPING)
§ 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 proclaims that privileges reciprocal to those under subsection (a) have been withdrawn or rendered inoperative by the Government of Canada.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1691.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80105
46 App.:725.
June 19, 1878, ch. 324, 20 Stat. 175; May 24, 1890, ch. 292, 26 Stat. 120; Mar. 3, 1893, ch. 211, § 1 (last par. under heading “Department of State”), 27 Stat. 683.
In subsection (a), before paragraph (1), the word “equipment” is substituted for “appurtenance” to use more commonly understood language. The words “and assistance” are omitted as unnecessary.
Subsection (b) is substituted for “this section shall cease to be in force and effect from and after the date of the proclamation of the President of the United States to the effect that said reciprocol privilege has been withdrawn, revoked, or rendered inoperative by the said Government of the Dominion of Canada” to eliminate unnecessary words.
46 U.S.C. § 80106 (SHIPPING)
§ 80106. International agreement on derelicts
The President may make an international agreement with other governments 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.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1691.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80106
46 App.:726.
Oct. 31, 1893, No. 13, 28 Stat. 13.
46 U.S.C. § 80107 (SHIPPING)
§ 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.
(b) Common Ownership of Vessels.—
The right to remuneration for aid or salvage services is not affected by common ownership of the vessels giving and receiving the aid or salvage services.
(c) Time Limit on Bringing Actions.—
A civil action to recover remuneration for giving aid or salvage services must be brought within 2 years after the date the aid or salvage services were given, unless the court in which the action is brought is satisfied that during that 2-year period there had not been a reasonable opportunity to seize the aided or salvaged vessel within the jurisdiction of the court or within the territorial waters of the country of the plaintiff’s residence or principal place of business.
(d) Nonapplication.—
This section does not apply to a vessel of war or a vessel owned by the United States Government appropriated only to a public service.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1691.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80107(a)
46 App.:729.
Aug. 1, 1912, ch. 268, §§ 1, 3–5, 37 Stat. 242; Pub. L. 102–241, § 40, Dec. 19, 1991, 105 Stat. 2225.
80107(b)
46 App.:727.
80107(c)
46 App.:730.
80107(d)
46 App.:731.
In subsection (c), the words “civil action” are substituted for “suit”, the words “must be brought within 2 years after” are substituted for “shall not be maintainable if brought later than two years from”, and the word “seize” is substituted for “arresting”, for consistency in the revised title. The words “of the plaintiff’s residence or principal place of business” are substituted for “in which the libelant resides or has his principal place of business” for consistency and to eliminate unnecessary words.
In subsectoin [sic] (d), the reference to section 2304 of title 46 is omitted because of the amendment to section 2304 in section 14(8) of the bill.
46 U.S.C. § 80301 (SHIPPING)
§ 80301. International agreements
(a) General Authority.—
The President may make agreements with interested maritime countries to—
(1) maintain in the North Atlantic Ocean a service of ice patrol, of study and observation of ice and current conditions, and of assistance to vessels and their crews requiring assistance within the limits of the patrol;
(2) maintain a service of study and observation of ice and current conditions in the waters affecting the set and drift of ice in the North Atlantic Ocean; and
(3) take all practicable steps to ensure the destruction or removal of derelicts in the northern part of the Atlantic Ocean, east of the line drawn from Cape Sable to a point in latitude 34 degrees north, longitude 70 degrees west, if the destruction or removal is necessary.
(b) Payment Between Countries.—
The President may include in an agreement under subsection (a) a provision for—
(1) payment to the United States Government by other countries for their proportionate share of the expense of maintaining the services; or
(2) contribution by the Government for its proportionate share if the agreement provides for another country to maintain the services.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1692.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80301
46 App.:738.
June 25, 1936, ch. 807, § 1, 49 Stat. 1922.