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46 U.S.C. § 50103 (SHIPPING)
§ 50103. Determinations of essential services
(a) Essential Services, Routes, and Lines.—
(1) In general.—
The Secretary of Transportation shall investigate, determine, and keep current records of the ocean services, routes, and lines from ports in the United States, or in the territories and possessions of the United States, to foreign markets, which the Secretary determines to be essential for the promotion, development, expansion, and maintenance of the foreign commerce of the United States. In making such a determination, the Secretary shall consider and give due weight to—
(A) the cost of maintaining each line;
(B) the probability that a line cannot be maintained except at a heavy loss disproportionate to the benefit to foreign trade;
(C) the number of voyages and types of vessels that should be employed in a line;
(D) the intangible benefit of maintaining a line to the foreign commerce of the United States, the national defense, and other national requirements; and
(E) any other facts and conditions a prudent business person would consider when dealing with the person’s own business.
(2) Saint lawrence seaway.—
For purposes of paragraph (1), the Secretary shall establish services, routes, and lines that reflect the seasonal closing of the Saint Lawrence Seaway and provide for alternate routing of vessels through a different range of ports during that closing to maintain continuity of service on a year-round basis.
(b) Bulk Cargo Carrying Services.—
The Secretary shall investigate, determine, and keep current records of the bulk cargo carrying services that should be provided by vessels of the United States (whether or not operating on particular services, routes, or lines) for the promotion, development, expansion, and maintenance of the foreign commerce of the United States and the national defense or other national requirements.
(c) Types of Vessels.—
The Secretary shall investigate, determine, and keep current records of the type, size, speed, method of propulsion, and other requirements of the vessels, including express-liner or super-liner vessels, that should be employed in—
(1) the services, routes, or lines described in subsection (a), and the frequency and regularity of the voyages of the vessels, with a view to furnishing adequate, regular, certain, and permanent service; and
(2) the bulk cargo carrying services described in subsection (b).
(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)
50103(a)(1)
46 App.:1121(a).
June 29, 1936, ch. 858, title II, § 211(a)–(c), 49 Stat. 1989; Pub. L. 91–469, §§ 4, 35(a), (b), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, § 12(67), Aug. 6, 1981, 95 Stat. 159.
50103(a)(2)
46 App.:1213(a) (3d sentence related to 1121(a)).
June 29, 1936, ch. 858, title VIII, § 809(a) (3d sentence related to 211(a)), as added Pub. L. 97–35, title XVI, § 1604, Aug. 13, 1981, 95 Stat. 751.
50103(b)
46 App.:1121(b).
50103(c)
46 App.:1121(c).
46 U.S.C. § 50104 (SHIPPING)
§ 50104. Studies of general maritime problems
The Secretary of Transportation shall study all maritime problems arising in carrying out the policy in section 50101 of this title.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1558.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50104
46 App.:1122(a).
June 29, 1936, ch. 858, title II, § 212(a), 49 Stat. 1990; Aug. 6, 1981, Pub. L. 97–31, § 12(69), 95 Stat. 159.
46 U.S.C. § 50105 (SHIPPING)
§ 50105. Studies and cooperation relating to the construction of vessels
(a) Relative Costs and New Designs.—
The Secretary of Transportation shall investigate, determine, and keep current records of—
(1) the relative cost of construction of comparable vessels in the United States and in foreign countries; and
(2) new designs, new methods of construction, and new types of equipment for vessels.
(b) Rules, Classifications, and Ratings.—
The Secretary shall examine the rules under which vessels are constructed abroad and in the United States and the methods of classifying and rating the vessels.
(c) Collaboration With Owners and Builders.—
The Secretary shall collaborate with vessel owners and shipbuilders in developing plans for the economical construction of vessels and their propelling machinery, of most modern economical types, giving thorough consideration to all well-recognized means of propulsion and taking into account the benefits from standardized production where practicable and desirable.
(d) Express-Liner and Super-Liner Vessels.—
The Secretary shall study and cooperate with vessel owners in devising means by which there may be constructed, by or with the aid of the United States Government, express-liner or super-liner vessels comparable to those of other nations, especially with a view to their use in a national emergency, and the use of transoceanic aircraft service in connection with or in lieu of those vessels.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1558.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50105(a)(1)
46 App.:811 (1st sentence words before 1st comma).
Sept. 7, 1916, ch. 451, § 12 (1st sentence words before 1st comma, 2d sentence words before 2d comma), 39 Stat. 732; Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Pub. L. 97–31, § 12(27), Aug. 6, 1981, 95 Stat. 155.
46 App.:1121(d).
June 29, 1936, ch. 858, title II, § 211(d), (j) (words before 1st semicolon), 49 Stat. 1989; Pub. L. 91–469, §§ 4(2), 35(a), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, § 12(67), Aug. 6, 1981, 95 Stat. 159.
50105(a)(2)
46 App.:1121(j) (words before 1st semicolon).
50105(b)
46 App.:811 (2d sentence words before 2d comma).
50105(c)
46 App.:1122(c).
June 29, 1936, ch. 858, title II, § 212(b)(2), (c), 49 Stat. 1990; Pub. L. 97–31, § 12(69), Aug. 6, 1981, 95 Stat. 159.
50105(d)
46 App.:1122(b)(2).
46 U.S.C. § 50106 (SHIPPING)
§ 50106. Studies on the operation of vessels
(a) Relative Costs.—
The Secretary of Transportation shall investigate, determine, and keep current records of the relative cost of marine insurance, maintenance, repairs, wages and subsistence of officers and crews, and all other items of expense, in the operation of comparable vessels under the laws and regulations of the United States and those of the foreign countries whose vessels are substantial competitors of American vessels.
(b) Shipyards.—
The Secretary shall investigate, determine, and keep current records of the number, location, and efficiency of shipyards in the United States.
(c) Navigation Laws.—
The Secretary shall examine the navigation laws and regulations of the United States and make such recommendations to Congress as the Secretary considers proper for the amendment, improvement, and revision of those laws and for the development of the merchant marine of the United States.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1559.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50106(a)
46 App.:811 (1st sentence words after 1st comma).
Sept. 7, 1916, ch. 451, § 12 (1st sentence words after 1st comma, 3d sentence), 39 Stat. 732; Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Pub. L. 97–31, § 12(27), Aug. 6, 1981, 95 Stat. 155.
46 App.:1121(e).
June 29, 1936, ch. 858, title II, § 211(e), (g), 49 Stat. 1989; Pub. L. 91–469, §§ 4(2), 5, 35(a), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, § 12(67), Aug. 6, 1981, 95 Stat. 159.
50106(b)
46 App.:1121(g).
50106(c)
46 App.:811 (3d sentence).
In subsection (b), the words “existing on June 29, 1936, or thereafter built” are omitted as obsolete.
46 U.S.C. § 50107 (SHIPPING)
§ 50107. Studies on marine insurance
The Secretary of Transportation shall—
(1) examine into the subject of marine insurance, the number of companies in the United States, domestic and foreign, engaging in marine insurance, the extent of the insurance on hulls and cargoes placed or written in the United States, and the extent of reinsurance of American maritime risks in foreign companies; and
(2) ascertain what steps may be necessary to develop an ample marine insurance system as an aid in the development of the merchant marine of the United States.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1559.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50107
46 App.:811 (2d sentence words after 2d comma).
Sept. 7, 1916, ch. 451, § 12 (2d sentence words after 2d comma), 39 Stat. 732; Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Pub. L. 97–31, § 12(27), Aug. 6, 1981, 95 Stat. 155.
46 U.S.C. § 50108 (SHIPPING)
§ 50108. Studies on cargo carriage and cargo containers
(a) Studies.—
The Secretary of Transportation shall study—
(1) the methods of encouraging the development and implementation of new concepts for the carriage of cargo in the domestic and foreign commerce of the United States; and
(2) the economic and technological aspects of the use of cargo containers as a method of carrying out the policy in section 50101 of this title.
(b) Restriction.—
In carrying out subsection (a) and the policy in section 50101 of this title, the United States Government may not give preference as between carriers based on the length, height, or width of cargo containers or the length, height, or width of cargo container cells. This restriction applies to all existing container vessels and any container vessel to be constructed or rebuilt.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1559.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50108
46 App.:1122(f).
June 29, 1936, ch. 858, title II, § 212(f); as added Pub. L. 90–268, § 1, Mar. 16, 1968, 82 Stat. 49; Pub. L. 97–31, § 12(69), Aug. 6, 1981, 95 Stat. 159; Pub. L. 98–237, § 20(c), Mar. 20, 1984, 98 Stat. 90.
46 U.S.C. § 50110 (SHIPPING)
§ 50110. Securing preference to vessels of the United States
(a) Possibilities of Promoting Carriage.—
The Secretary of Transportation shall investigate, determine, and keep current records of the possibilities of promoting the carriage of United States foreign trade in vessels of the United States.
(b) Inducements to Importers and Exporters.—
The Secretary shall study and cooperate with vessel owners in devising means by which the importers and exporters of the United States can be induced to give preference to vessels of the United States.
(c) Liaison With Agencies and Organizations.—
The Secretary shall establish and maintain liaison with such other agencies of the United States Government, and with such representative trade organizations throughout the United States, as may be concerned, directly or indirectly, with any movement of commodities in the waterborne export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States in the shipment of those commodities.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1560.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50110(a)
46 App.:1121(j) (words between 1st and 2d semicolons).
June 29, 1936, ch. 858, title II, § 211(j) (words between 1st and 2d semicolons), 49 Stat. 1989; Pub. L. 91–469, §§ 4(2), 35(a), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, § 12(67), Aug. 6, 1981, 95 Stat. 159.
50110(b)
46 App.:1122(b)(1).
June 29, 1936, ch. 858, title II, § 212(b)(1), (d), 49 Stat. 1990; Pub. L. 97–31, § 12(69), Aug. 6, 1981, 95 Stat. 159; Pub. L. 98–237, § 20(c), Mar. 20, 1984, 98 Stat. 90.
50110(c)
46 App.:1122(d).
46 U.S.C. § 50111 (SHIPPING)
§ 50111. Reports to Congress
(a) In General.—
Not later than April 1 of each year, the Secretary of Transportation shall submit a report to Congress. The report shall include, with respect to activities of the Secretary under this subtitle, the results of investigations, a summary of transactions, a statement of all expenditures and receipts, the purposes for which all expenditures were made, and any recommendations for legislation.
(b) Administered and Oversight Funds.—
The Secretary, in the report under subsection (a) and in the annual budget estimate for the Maritime Administration submitted to Congress, shall state separately the amount, source, intended use, and nature of any funds (other than funds appropriated to the Administration or to the Secretary of Transportation for use by the Administration) administered, or subject to oversight, by the Administration.
(c) Additional Recommendations for Legislation.—
The Secretary, from time to time, shall make recommendations to Congress for legislation the Secretary considers necessary to better achieve the objectives and policy of section 50101 of this title.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1560.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50111(a)
46 App.:811 (last sentence).
Sept. 7, 1916, ch. 451, § 12 (last sentence), 39 Stat. 732; Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Pub. L. 97–31, § 12(27), Aug. 6, 1981, 95 Stat. 155.
46 App.:1118 (related to Secretary).
June 29, 1936, ch. 858, title II, § 208 (related to Secretary), 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.
46 App.:1160(f).
June 29, 1936, ch. 858, title V, § 510(f), as added Aug. 4, 1939, ch. 417, § 7, 53 Stat. 1184; Pub. L. 97–31, § 12(91)(A)–(C), Aug. 6, 1981, 95 Stat. 161.
46 App.:1291.
June 29, 1936, ch. 858, title XII, § 1211, as added Sept. 7, 1950, ch. 906, 64 Stat. 776; Pub. L. 89–348, § 1(7), Nov. 8, 1965, 79 Stat. 1310.
50111(b)
46 App.:1118 note.
Pub. L. 106–398, § 1 [div. C, title XXXV, § 3506], Oct. 30, 2000, 114 Stat. 1654, 1654A–494.
50111(c)
46 App.:1122(g).
June 29, 1936, ch. 858, title II, § 212(g), 49 Stat. 1990; Pub. L. 90–268, § 1, Mar. 16, 1968, 82 Stat. 49; Pub. L. 97–31, § 12(69), Aug. 6, 1981, 95 Stat. 159; Pub. L. 98–237, § 20(c), Mar. 20, 1984, 98 Stat. 90.
In subsection (a), the words “on or before the 1st day of December in each year” in 46 App. U.S.C. 811 (last sentence) are omitted for consistency with the April 1 date in 46 App.:1118. The words “and of the operations of any corporation in which the United States is a stockholder, and the names and compensation of all persons employed by the Secretary of Transportation” in 46 App. U.S.C. 811 (last sentence) are omitted because the provision originally applied to the United States Shipping Board (which was abolished in 1933) and presumably is not intended to apply to the Secretary.
46 U.S.C. § 50113 (SHIPPING)
§ 50113. Use and performance reports by operators of vessels
(a) Filing Requirement.—
The Secretary of Transportation by regulation may require the operator of a vessel in the waterborne foreign commerce of the United States to file such report, account, record, or memorandum on the use and performance of the vessel as the Secretary considers desirable to assist in carrying out this subtitle. The report, account, record, or memorandum shall be signed and verified, and be filed at the times and in the manner, as provided by regulation.
(b) Civil Penalty.—
An operator not filing a report, account, record, or memorandum required by the Secretary under this section is liable to the United States Government for a civil penalty of $50 for each day of the violation. A penalty imposed under this section on the operator of a vessel constitutes a lien on the vessel involved in the violation. A civil action in rem to enforce the lien may be brought in the district court of the United States for any district in which the vessel is found. The Secretary may remit or mitigate any penalty imposed under this section.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1562.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50113
46 App.:1122a.
June 29, 1936, ch. 858, title II, § 212(A), as added June 25, 1956, ch. 437, 70 Stat. 332; Aug. 6, 1981, Pub. L. 97–31, § 12(70), 95 Stat. 159.
46 U.S.C. § 50303 (SHIPPING)
§ 50303. Operating property and extending term of notes
(a) General Authority.—
The Secretary of Transportation may—
(1) operate or lease docks, wharves, piers, vessels, or real property under the Secretary’s control, except that the prior consent of the Secretary of Defense for such use shall be required with respect to any vessel in the Ready Reserve Force or in the National Defense Reserve Fleet which is maintained in a retention status for the Department of Defense; and
(2) make extensions and accept renewals of—
(A) promissory notes and other evidences of indebtedness on property; and
(B) mortgages and other contracts securing the property.
(b) Terms of Transactions.—
A transaction under subsection (a) shall be on terms the Secretary considers necessary to carry out the purposes of this subtitle, but consistent with sound business practice.
(c) Availability of Amounts.—
Amounts received by the Secretary from a transaction under this section are available for expenditure by the Secretary as provided in this subtitle.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1564; Pub. L. 110–181, div. C, title XXXV, § 3512, Jan. 28, 2008, 122 Stat. 594.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50303
46 App.:1112.
June 29, 1936, ch. 858, title II, § 202, 49 Stat. 1986; Aug. 26, 1937, ch. 822, § 1, 50 Stat. 839; June 23, 1938, ch. 600, § 1, 52 Stat. 953; Pub. L. 97–31, § 12(60), Aug. 6, 1981, 95 Stat. 158.
In subsection (a), the words “Notwithstanding any other provision of law” are omitted as unnecessary. In paragraph (1), the word “lands” is omitted as included in “real property”. In paragraph (2)(A), the word “promissory” is added for clarity. The words “hereby transferred”, referring to the transfer under the first sentence of section 202 of the Merchant Marine Act, 1936 (repealed by section 12(60)(A) of Public Law 97–31), are omitted as obsolete.
Subsection (b) is substituted for “in accordance with good business methods and on such terms and conditions as he determines to effectuate the policy of this chapter” and “upon such terms and conditions as he may prescribe in accordance with sound business practice” for consistency and to eliminate unnecessary words.
heading: Amendments
text: 2008—Subsec. (a)(1). Pub. L. 110–181 inserted “vessels,” after “piers,” and substituted “control, except that the prior consent of the Secretary of Defense for such use shall be required with respect to any vessel in the Ready Reserve Force or in the National Defense Reserve Fleet which is maintained in a retention status for the Department of Defense;” for “control;”.
46 U.S.C. § 50306 (SHIPPING)
§ 50306. Requiring testimony and records in investigations
(a) In General.—
In conducting an investigation that the Secretary of Transportation considers necessary and proper to carry out this subtitle, the Secretary may administer oaths, take evidence, and subpoena persons to testify and produce documents relevant to the matter under investigation. Persons may be required to attend or produce documents from any place in the United States at any designated place of hearing.
(b) Fees and Mileage.—
Persons subpoenaed by the Secretary under subsection (a) shall be paid the same fees and mileage paid to witnesses in the courts of the United States.
(c) Enforcement of Subpoenas.—
If a person disobeys a subpoena issued under subsection (a), the Secretary may seek an order enforcing the subpoena from the district court of the United States for the district in which the person resides or does business. Process may be served in the judicial district in which the person resides or is found. The court may issue an order to obey the subpoena and punish a refusal to obey as a contempt of court.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1566.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50306
46 App.:1124.
June 29, 1936, ch. 858, title II, § 214, 49 Stat. 1991; June 23, 1938, ch. 600, § 3, 52 Stat. 954; Pub. L. 91–452, title II, § 241, Oct. 15, 1970, 84 Stat. 930; Pub. L. 97–31, § 12(72), Aug. 6, 1981, 95 Stat. 159; Pub. L. 98–237, § 20(a), Mar. 20, 1984, 98 Stat. 89; Pub. L. 98–595, § 2, Oct. 30, 1984, 98 Stat. 3132.
In subsection (a), the word “affirmations” is omitted as unnecessary because of the definition of “oath” in 1 U.S.C. 1. The words “or any territory, district, or possession thereof” are omitted as unnecessary because of the definition of “United States” in chapter 1 of the revised title.
Subsection (c) is substituted for the source provision to eliminate unnecessary words.
46 U.S.C. § 50307 (SHIPPING)
§ 50307. Maritime environmental and technical assistance program
(a) In General.—
The Secretary of Transportation may engage in the environmental study, research, development, assessment, and deployment of emerging marine technologies and practices related to the marine transportation system through the use of public vessels under the control of the Maritime Administration or private vessels under United States registry, and through partnerships and cooperative efforts with academic, public, private, and nongovernmental entities and facilities.
(b) Components.—
Under this section, the Secretary of Transportation may—
(1) identify, study, evaluate, test, demonstrate, or improve emerging marine technologies and practices that are likely to achieve environmental improvements by—
(A) reducing air emissions, water emissions, or other ship discharges;
(B) increasing fuel economy or the use of alternative fuels and alternative energy (including the use of shore power); or
(C) controlling aquatic invasive species; and
(2) coordinate with the Environmental Protection Agency, the Coast Guard, and other Federal, State, local, or tribal agencies, as appropriate.
(c) Coordination.—
Coordination under subsection (b)(2) may include—
(1) activities that are associated with the development or approval of validation and testing regimes; and
(2) certification or validation of emerging technologies or practices that demonstrate significant environmental benefits.
(d) Assistance.—
The Secretary of Transportation may accept gifts, or enter into cooperative agreements, contracts, or other agreements with academic, public, private, and nongovernmental entities and facilities to carry out the activities authorized under subsection (a).
(Added Pub. L. 112–213, title IV, § 403(a), Dec. 20, 2012, 126 Stat. 1569.)
46 U.S.C. § 50502 (SHIPPING)
§ 50502. Applicability to receivers, trustees, successors, and assigns
This subtitle applies to receivers, trustees, successors, and assigns of any person to whom this subtitle applies.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1567.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50502
46 App.:803.
Sept. 7, 1916, ch. 451, § 2(d), 39 Stat. 729; June 5, 1920, ch. 250, § 38, 41 Stat. 1008.