dreamproit/uscode huggingface dataset:
46 U.S.C. § 57501 (SHIPPING)
§ 57501. Completion of long-range program
Whenever the Secretary of Transportation determines that the objectives and policies declared in sections 50101 and 50102 of this title cannot be fully realized within a reasonable time under title V of the Merchant Marine Act, 1936, and the President approves the determination, the Secretary, in accordance with this chapter, shall complete the long-range program described in section 50102 of this title.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1664; Pub. L. 114–120, title III, § 313(b)(1), Feb. 8, 2016, 130 Stat. 58.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
57501
46 App.:1191.
June 29, 1936, ch. 858, title VII, § 701, 49 Stat. 2008; Pub. L. 97–31, § 12(103), Aug. 6, 1981, 95 Stat. 162.
The words “find and”, “finding and”, “in whole or in part”, and “previously adopted” are omitted as unnecessary. The word “shall” is substituted for “is authorized and directed to” to eliminate unnecessary words.
heading: Editorial Notes
heading: References in Text
text: The Merchant Marine Act, 1936, referred to in text, is act June 29, 1936, ch. 858, 49 Stat. 1985. Title V of the Act enacted provisions set out as a note 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.
heading: Amendments
text: 2016—Pub. L. 114–120 substituted “title V” for “titles V and VI”.
46 U.S.C. § 57502 (SHIPPING)
§ 57502. Construction, reconditioning, and remodeling of vessels
(a) In General.—
The Secretary of Transportation may have new vessels constructed, and have old vessels reconditioned or remodeled, as the Secretary determines necessary to carry out the objectives of this subtitle.
(b) Place of Work.—
Construction, reconditioning, and remodeling of vessels under subsection (a) shall take place in shipyards in the continental United States (including Alaska and Hawaii). However, if satisfactory contracts cannot be obtained from private shipbuilders, the Secretary may have the work done in navy yards.
(c) Applicability of Construction-Differential Subsidy Provisions.—
Contracts for the construction, reconstruction, or reconditioning of a vessel by a private shipbuilder under this chapter are subject to the provisions of title V of the Merchant Marine Act, 1936, applicable to a contract with a private shipbuilder for the construction of a vessel under title V of that Act.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1664.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
57502(a), (b)
46 App.:1192.
June 29, 1936, ch. 858, title VII, § 702, 49 Stat. 2008; Pub. L. 85–191, Aug. 28, 1957, 71 Stat. 471; Pub. L. 86–624, § 35(c), July 12, 1960, 74 Stat. 421; Pub. L. 97–31, § 12(104), Aug. 6, 1981, 95 Stat. 162.
57502(c)
46 App.:1193(b).
June 29, 1936, ch. 858, title VII, § 703(b), 49 Stat. 2008.
In subsection (b), the words “for such new construction or reconstruction, in accordance with the provisions of this chapter” are omitted as unnecessary.
heading: Editorial Notes
heading: References in Text
text: The Merchant Marine Act, 1936, referred to in subsec. (c), 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. § 57506 (SHIPPING)
§ 57506. Minimum selling price of vessels
(a) In General.—
A vessel constructed under this subtitle or the Merchant Marine Act, 1936, may not be sold by the Secretary of Transportation for less than the price specified in this section.
(b) Operation in Foreign Trade.—
If the vessel is to be operated in foreign trade, the minimum price is the estimated foreign construction cost (exclusive of national defense features) determined as of the date the construction contract is executed, less depreciation under subsection (d).
(c) Operation in Domestic Trade.—
If the vessel is to be operated in domestic trade, the minimum price is the cost of construction in the United States (exclusive of national defense features), less depreciation under subsection (d).
(d) Depreciation.—
Depreciation under subsections (b) and (c) shall be based on—
(1) a 25-year life for dry-cargo and passenger vessels; and
(2) a 20-year life for tankers and other bulk liquid carrier vessels.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1665.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
57506
46 App.:1195 (last sentence).
June 29, 1936, ch. 858, title VII, § 705 (last sentence), as added Aug. 4, 1939, ch. 417, § 11(a), 53 Stat. 1185; Pub. L. 86–518, § 1, June 12, 1960, 74 Stat. 216; Pub. L. 97–31, § 12(107), Aug. 6, 1981, 95 Stat. 163.
46 App.:1125 note.
Pub. L. 86–518, § 9, June 12, 1960, 74 Stat. 217.
Subsection (d) is substituted for “less depreciation based on a twenty-five year life” because of section 9 of Public Law 86–518 (June 12, 1960, 74 Stat. 217), which provided that “Nothing in any amendment made by this Act [including section 1 substituting ‘twenty-five’ for ‘twenty’ in 46 App. U.S.C. 1195] shall operate or be interpreted to change from twenty to twenty-five years the provisions of the Merchant Marine Act, 1936, as amended, relating to the commercial expectancy or period of depreciation of any tanker or other liquid bulk carrier.”
heading: Editorial Notes
heading: References in Text
text: The Merchant Marine Act, 1936, referred to in subsec. (a), is act June 29, 1936, ch. 858, 49 Stat. 1985, which was classified principally to chapter 27 (§ 1101 et seq.) of the former Appendix to this title. The Act, with the exception of title V, most of title VI, and sections 301, 801, 802, 809(a), and 909 thereof, was repealed and restated, mainly in this subtitle, by Pub. L. 109–304, §§ 8, 19, Oct. 6, 2006, 120 Stat. 1555, 1710. Title V and sections 301 and 909 of the Act are set out as notes under section 53101 of this title. Those portions of title VI not repealed by Pub. L. 109–304 and sections 802 and 809(a) of the Act were repealed by Pub. L. 114–120, title III, § 313(a), Feb. 8, 2016, 130 Stat. 58. Section 801 of the Act was transferred to section 57522 of this title by Pub. L. 114–120, title III, § 313(c)(1)(A), Feb. 8, 2016, 130 Stat. 58. For complete classification of the Act to the Code, see Tables. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of this title.
46 U.S.C. § 57513 (SHIPPING)
§ 57513. Minimum bid
The Secretary of Transportation shall reject any bid for the charter under this subchapter of a vessel constructed under this subtitle or the Merchant Marine Act, 1936, if the charter hire offered is lower than the minimum charter hire would be if the vessel were chartered under section 57531 of this title.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1666.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
57513
46 App.:1196(b) (last sentence).
June 29, 1936, ch. 858, title VII, § 706(b) (last sentence), as added Aug. 4, 1939, ch. 417, § 11(b), 53 Stat. 1186; Pub. L. 97–31, § 12(108), Aug. 6, 1981, 95 Stat. 163.
heading: Editorial Notes
heading: References in Text
text: The Merchant Marine Act, 1936, referred to in text, is act June 29, 1936, ch. 858, 49 Stat. 1985, which was classified principally to chapter 27 (§ 1101 et seq.) of the former Appendix to this title. The Act, with the exception of title V, most of title VI, and sections 301, 801, 802, 809(a), and 909 thereof, was repealed and restated, mainly in this subtitle, by Pub. L. 109–304, §§ 8, 19, Oct. 6, 2006, 120 Stat. 1555, 1710. Title V and sections 301 and 909 of the Act are set out as notes under section 53101 of this title. Those portions of title VI not repealed by Pub. L. 109–304 and sections 802 and 809(a) of the Act were repealed by Pub. L. 114–120, title III, § 313(a), Feb. 8, 2016, 130 Stat. 58. Section 801 of the Act was transferred to section 57522 of this title by Pub. L. 114–120, title III, § 313(c)(1)(A), Feb. 8, 2016, 130 Stat. 58. For complete classification of the Act to the Code, see Tables. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of this title.
46 U.S.C. § 57522 (SHIPPING)
§ 57522. Books and records, balance sheets, and inspection and auditing
Every contract executed by the Secretary of Transportation under this chapter shall contain provisions requiring (1) that, the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the contractor, to keep its books, records, and accounts, relating to the maintenance, operation, and servicing of the vessels, services, routes, and lines covered by the contract, in such form and under such regulations as may be prescribed by the Secretary of Transportation; (2) that the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the contractor, to file, upon notice from the Secretary of Transportation, balance sheets, profit and loss statements, and such other statements of financial operations, special report, memoranda of any facts and transactions, which in the opinion of the Secretary of Transportation affect the financial results in, the performance of, or transactions or operations under, such contract; (3) that the Secretary of Transportation shall be authorized to examine and audit the books, records, and accounts of all persons referred to in this section whenever he may deem it necessary or desirable; and (4) that upon the willful failure or refusal of any person described in this section to comply with the contract provisions required by this section, the Secretary of Transportation shall have the right to rescind the contract, and upon such rescission, the United States shall be relieved of all further liability on such contract.
(Added and amended Pub. L. 114–120, title III, § 313(c)(1), Feb. 8, 2016, 130 Stat. 58.)
heading: Editorial Notes
heading: Codification
text: Section consists of text of act June 29, 1936, ch. 858, title VIII, § 801, 49 Stat. 2011, as amended by Pub. L. 97–31, § 12(119), Aug. 6, 1981, 95 Stat. 164. Section 801 of act June 29, 1936, ch. 858, which was formerly set out as a note under section 53101 of this title, was transferred to this section by Pub. L. 114–120, title III, § 313(c)(1)(A), Feb. 8, 2016, 130 Stat. 58.
heading: Amendments
text: 2016—Pub. L. 114–120, § 313(c)(1)(B)(i), inserted “Books and records, balance sheets, and inspection and auditing” in section catchline.
Pub. L. 114–120, § 313(c)(1)(B)(ii), which directed substitution of “this chapter” for “the provision of title VI or VII of this Act”, was executed by making the substitution for “the provisions of title VI or VII of this Act” to reflect the probable intent of Congress.
Pub. L. 114–120, § 313(c)(1)(B)(iii), struck out “: Provided, That the provisions of this paragraph shall not require the duplication of books, records, and accounts required to be kept in some other form by the Interstate Commerce Commission” after “prescribed by the Secretary of Transportation”.
46 U.S.C. § 57532 (SHIPPING)
§ 57532. Operation of experimental vessels
(a) Definition.—
In this section, the term “experimental vessel” means a vessel owned by the United States Government (including a vessel in the National Defense Reserve Fleet) that has been constructed, reconditioned, or remodeled for experimental or testing purposes.
(b) Authority To Operate.—
The Secretary of Transportation, for the purpose of practical development, trial, and testing, may operate an experimental vessel under a bareboat charter or general agency agreement in the foreign or domestic trade of the United States or for use for the account of a department or agency of the Government, without regard to other provisions of this subtitle and other laws related to chartering and general agency operations. Not more than 10 vessels may be operated and tested under this section in any one year.
(c) Terms of Operation.—
Operation of a vessel under this section shall be on terms the Secretary considers appropriate to carry out the purposes of this subtitle. A bareboat charter under this section shall be at reasonable rates and include restrictions the Secretary considers appropriate to protect the public interest, including provisions for recapture of profits under section 57517 of this title. A charter or general agency agreement under this section shall be reviewed annually to determine whether conditions exist to justify continuance of the charter or agreement.
(d) Rights of Seamen.—
A seaman engaged in vessel operations of the Secretary under this section and employed through a general agent in connection with a charter or agreement under this section is entitled to all the rights and remedies provided in sections 1(a) and (c), 3(c), and 4 of the Act of March 24, 1943 (50 U.S.C. 4701(a), (c), 4703(c), and 4704).
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1670; Pub. L. 115–232, div. C, title XXXV, § 3546(u), Aug. 13, 2018, 132 Stat. 2327.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
57532
46 App.:1205.
June 29, 1936, ch. 858, title VII, § 715, as added July 11, 1956, ch. 574, 70 Stat. 531; Pub. L. 97–31, § 12(117), Aug. 6, 1981, 95 Stat. 164.
Subsection (d) is substituted for “Those provisions of law prescribed or incorporated under section 1241a of this Appendix, which relate to vessel operating activities of the Secretary of Transportation and to employment of seamen through general agents, shall be applicable in connection with charters and agreements entered into under this section” for clarity.
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (d). Pub. L. 115–232 substituted “(50 U.S.C. 4701(a), (c), 4703(c), and 4704)” for “(50 App. U.S.C. 1291(a), (c), 1293(c), 1294)”.
46 U.S.C. § 70013 (SHIPPING)
§ 70013. Requirement to notify Coast Guard of release of objects into the navigable waters of the United States
(a) Requirement.—
As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), such person shall notify the Secretary and the Secretary of the Army of such release.
(b) Restriction on Use of Notification.—
Any notification provided by an individual in accordance with subsection (a) may not be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4259.)
heading: Editorial Notes
heading: References in Text
text: Section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899, referred to in subsec. (a), means section 10 of act Mar. 3, 1899, ch. 425, 30 Stat. 1151, known as the Rivers and Harbors Appropriation Act of 1899, which is classified to section 403 of Title 33, Navigation and Navigable Waters.
46 U.S.C. § 70031 (SHIPPING)
§ 70031. Definitions
As used in subchapters A through C 1 and this subchapter, unless the context otherwise requires:
(1) The term “marine environment” means—
(A) the navigable waters of the United States and the land and resources therein and thereunder;
(B) the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority;
(C) the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof, and the waters superjacent thereto; and
(D) the recreational, economic, and scenic values of such waters and resources.
(2) The term “Secretary” means the Secretary of the department in which the Coast Guard is operating, except that such term means the Secretary of Transportation with respect to the application of this chapter to the Saint Lawrence Seaway.
(3) The term “navigable waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261.)
heading: Editorial Notes
heading: References in Text
text: Presidential Proclamation No. 5928, referred to in par. (3), is set out under section 1331 of Title 43, Public Lands.
46 U.S.C. § 70034 (SHIPPING)
§ 70034. Regulations
(a) In General.—
In accordance with section 553 of title 5, the Secretary shall issue, and may from time to time amend or repeal, regulations necessary to implement subchapters A through C 1 and this subchapter.
(b) Consultation.—
In the exercise of the regulatory authority under subchapters A through C 1 and this subchapter, the Secretary shall consult with, and receive and consider the views of all interested persons, including—
(1) interested Federal departments and agencies;
(2) officials of State and local governments;
(3) representatives of the maritime community;
(4) representatives of port and harbor authorities or associations;
(5) representatives of environmental groups;
(6) any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment; and
(7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261.)
heading: Statutory Notes and Related Subsidiaries
heading: Safety Zones for Permitted Marine Events
text: Pub. L. 114–120, title III, § 305, Feb. 8, 2016, 130 Stat. 54, provided that:
“Not later than 6 months after the date of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall establish and implement a process to—
“(1) account for the number of safety zones established for permitted marine events;
“(2) differentiate whether the event sponsor who requested a permit for such an event is—
“(A) an individual;
“(B) an organization; or
“(C) a government entity; and
“(3) account for Coast Guard resources utilized to enforce safety zones established for permitted marine events, including for—
“(A) the number of Coast Guard or Coast Guard Auxiliary vessels used; and
“(B) the number of Coast Guard or Coast Guard Auxiliary patrol hours required.”
46 U.S.C. § 70053 (SHIPPING)
§ 70053. Enforcement provisions
The President may employ such departments, agencies, officers, or instrumentalities of the United States as he may deem necessary to carry out this subchapter.
(Added Pub. L. 115–282, title IV, § 407(d)(3), Dec. 4, 2018, 132 Stat. 4267.)
heading: Editorial Notes
heading: Codification
text: Section, as added by Pub. L. 115–282, is based on acts June 15, 1917, ch. 30, title II, § 4, 40 Stat. 220; Aug. 9, 1950, ch. 656, § 2, 64 Stat. 428; Pub. L. 115–282, title IV, § 407(d)(1), (2), Dec. 4, 2018, 132 Stat. 4267, which was formerly classified to section 194 of Title 50, War and National Defense, before being transferred to this chapter and renumbered as this section.
46 U.S.C. § 70054 (SHIPPING)
§ 70054. Definitions
In this subchapter:
(1) United states.—
The term “United States” includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.
(2) Territorial waters.—
The term “territorial waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.
(Added Pub. L. 115–282, title IV, § 407(a), Dec. 4, 2018, 132 Stat. 4266.)
heading: Editorial Notes
heading: References in Text
text: Presidential Proclamation Number 5928, referred to in par. (2), is Proc. No. 5928, Dec. 27, 1988, 54 F.R. 777, which is set out as a note under section 1331 of Title 43, Public Lands.
46 U.S.C. § 70102a (SHIPPING)
§ 70102a. Port, harbor, and coastal facility security
(a) General Authority.—
The Secretary may take actions described in subsection (b) to prevent or respond to an act of terrorism against—
(1) an individual, vessel, or public or commercial structure, that is—
(A) subject to the jurisdiction of the United States; and
(B) located within or adjacent to the marine environment; or
(2) a vessel of the United States or an individual on board that vessel.
(b) Specific Authority.—
Under subsection (a), the Secretary may—
(1) carry out or require measures, including inspections, port and harbor patrols, the establishment of security and safety zones, and the development of contingency plans and procedures, to prevent or respond to acts of terrorism;
(2) recruit members of the Regular Coast Guard and the Coast Guard Reserve and train members of the Regular Coast Guard and the Coast Guard Reserve in the techniques of preventing and responding to acts of terrorism; and
(3) dispatch properly trained and qualified armed Coast Guard personnel on vessels and public or commercial structures on or adjacent to waters subject to United States jurisdiction to deter or respond to acts of terrorism or transportation security incidents, as defined in section 70101 of title 46, United States Code.
(c) Definitions, Administration, and Enforcement.—
This section shall be treated as part of chapter 700 for purposes of sections 70031, 70032, 70034, 70035, and 70036.
(Added and amended Pub. L. 115–282, title IV, § 408(a), (b), Dec. 4, 2018, 132 Stat. 4268.)
heading: Editorial Notes
heading: Codification
text: Section, as added and amended by Pub. L. 115–282, is based on subsecs. (a) and (b) of Pub. L. 92–340, § 7, as added Pub. L. 99–399, title IX, § 906, Aug. 27, 1986, 100 Stat. 890; amended Pub. L. 107–295, title I, § 107(a), Nov. 25, 2002, 116 Stat. 2088, which was formerly classified to section 1226(a), (b) of Title 33, Navigation and Navigable Waters, before being transferred to this chapter and renumbered as this section. Subsections (a) and (b) of section 7 of Pub. L. 92–340 were also renumbered as section 70116 of this title by Pub. L. 115–282, title IV, § 402(b)(1), Dec. 4, 2018, 132 Stat. 4264.
heading: Amendments
text: 2018—Pub. L. 115–282, § 408(a), transferred section catchline and subsecs. (a) and (b) of section 7 of Pub. L. 92–340 to this chapter and redesignated them as this section. See Codification note above. Catchline text was editorially conformed to the style used in this title.
Subsec. (c). Pub. L. 115–282, § 408(b), added subsec. (c).