dreamproit/uscode huggingface dataset:
46 U.S.C. § 53405 (SHIPPING)
§ 53405. Obligations and rights under operating agreements
(a) Operation of Vessel.—
An operating agreement under this chapter shall require that, during the period the vessel covered by the agreement is operating under the agreement the vessel shall—
(1) be operated in the United States foreign commerce, mixed United States foreign commerce and domestic trade allowed under a registry endorsement issued under section 12111 of this title, in foreign-to-foreign commerce, or under a charter to the United States;
(2) not be operated in the coastwise trade except as described in paragraph (1); and
(3) be documented under chapter 121 of this title.
(b) Annual Payments by the Secretary.—
(1) In general.—
An operating agreement under this chapter shall require, subject to the availability of appropriations, that the Secretary make a payment to the program participant in accordance with section 53406.
(2) Operating agreement is an obligation of the united states government.—
An operating agreement under this chapter constitutes a contractual obligation of the United States Government to pay the amounts provided for in the agreement to the extent of actual appropriations.
(c) Documentation Requirement.—
Each vessel covered by the operating agreement, including an agreement terminated under section 53404(c)(2), shall remain documented under chapter 121 of this title until the date the operating agreement would terminate according to its terms.
(d) National Security Requirements.—
(1) In general.—
A program participant with respect to an operating agreement, including an agreement terminated under section 53404(c)(2), shall continue to be bound by the provisions of section 53407 until the date the operating agreement would terminate according to its terms.
(2) Emergency preparedness agreement.—
All terms and conditions of an Emergency Preparedness Agreement entered into under section 53407 shall remain in effect until the date the operating agreement would terminate according to its terms, except that the terms of such Emergency Preparedness Agreement may be modified by the mutual consent of the program participant, the Secretary of Transportation, and the Secretary of Defense.
(e) Transfer of Operating Agreements.—
A program participant may transfer an operating agreement (including all rights and obligations under the agreement) to any person that is eligible to enter into that operating agreement under this chapter, if the Secretary of Transportation and the Secretary of Defense determine that the transfer is in the best interests of the United States.
(f) Replacement of Vessels Covered by Agreements.—
A program participant may replace the vessel with another vessel that is eligible to be included in the Fleet under section 53402(b), if the Secretary of Transportation, in coordination with the Secretary of Defense, approves the replacement of the vessel. No court shall have jurisdiction to review a decision by the Secretary of Transportation or the Secretary of Defense pertaining to the replacement of a vessel under this section.
(Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4414.)
46 U.S.C. § 53408 (SHIPPING)
§ 53408. Regulatory relief
(a) Operation in Foreign Commerce.—
A program participant for a vessel included in an operating agreement under this chapter may operate the vessel in the foreign commerce of the United States without restriction.
(b) Other Restrictions.—
The restrictions of section 55305(a) of this title concerning the building, rebuilding, or documentation of a vessel in a foreign country shall not apply to a vessel for any day the operator of the vessel is receiving payments for the operation of that vessel under an operating agreement under this chapter.
(c) Telecommunications Equipment.—
The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an operating agreement under this chapter shall be deemed to satisfy all Federal Communications Commission equipment approval requirements, if—
(1) such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States;
(2) that country has not been identified by the Secretary as inadequately enforcing international regulations as to that vessel; and
(3) at the end of its useful life, such equipment shall be replaced with equipment that meets Federal Communications Commission equipment approval standards.
(Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4417.)
46 U.S.C. § 53409 (SHIPPING)
§ 53409. Special rule regarding age of participating Fleet vessels
Any age restriction under section 53402(b)(4) of this title shall not apply to a participating Fleet vessel during the 30-month period beginning on the date the vessel begins operating under an operating agreement under this chapter, if the Secretary determines that the program participant for the vessel has entered into an arrangement to obtain and operate under the operating agreement for the participating Fleet vessel a replacement vessel that, upon commencement of such operation, will be eligible to be included in the Fleet under section 53402(b) of this title.
(Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4418.)
46 U.S.C. § 53410 (SHIPPING)
§ 53410. Regulations
The Secretary of Transportation and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter.
(Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4418.)
46 U.S.C. § 53411 (SHIPPING)
§ 53411. Authorization of appropriations
There is authorized to be appropriated for payments under section 53406, $60,000,000 for each of fiscal years 2022 through 2035, to remain available until expended.
(Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4418.)
46 U.S.C. § 53412 (SHIPPING)
§ 53412. Acquisition of Fleet vessels
(a) In General.—
Upon replacement of a Fleet vessel under an operating agreement under this chapter, and subject to agreement by the program participant of the vessel, the Secretary of Transportation is authorized, subject to the concurrence of the Secretary of Defense, acquire the vessel being replaced for inclusion in the National Defense Reserve Fleet.
(b) Requirements.—
To be eligible for acquisition by the Secretary of Transportation under this section a vessel shall—
(1) have been covered by an operating agreement under this chapter for not less than 3 years; and
(2) meet recapitalization requirements for the Ready Reserve Force.
(c) Fair Market Value.—
A fair market value shall be established by the Maritime Administration for acquisition of an eligible vessel under this section.
(d) Appropriations.—
Vessel acquisitions under this section shall be subject to the availability of appropriations. Amounts made available to carry out this section shall be derived from amounts authorized to be appropriated for the National Defense Reserve Fleet. Amounts authorized to be appropriated to carry out the Maritime Security Program may not be use to carry out this section.
(Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4418.)
46 U.S.C. § 55123 (SHIPPING)
§ 55123. Priority loading for coal
A vessel engaged in the coastwise transportation of coal produced in the United States, from a port in the United States to another port in the United States, shall be given priority in loading at any of those ports ahead of a waiting vessel engaged in the export transportation of coal produced in the United States. However, if the Secretary of Transportation finds that it is in the national interest, the Secretary may eliminate this priority loading at any port. The Secretary shall report to Congress within 30 days an action eliminating priority loading under this section.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1642, § 55301; renumbered § 55123, Pub. L. 116–283, div. A, title X, § 1024(b)(1)(A), Jan. 1, 2021, 134 Stat. 3842.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55301
46 App.:1121–1.
Pub. L. 96–387, § 5, Oct. 7, 1980, 94 Stat. 1546; Pub. L. 97–31, § 12(68), Aug. 6, 1981, 95 Stat. 159; Pub. L. 99–662, title IX, § 947, Nov. 17, 1986, 100 Stat. 4200.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 55301 of this title as this section.
46 U.S.C. § 55602 (SHIPPING)
§ 55602. Cargo and shippers
(a) Memorandums of Agreement.—
The Secretary of Transportation shall enter into memorandums of understanding with the heads of other Federal entities to transport federally owned or generated cargo using a marine highway transportation project designated under section 55601 when practical or available.
(b) Short-Term Incentives.—
The Secretary shall consult shippers and other participants in transportation logistics and develop proposals for short-term incentives to encourage the use of marine highway transportation.
(Added Pub. L. 110–140, title XI, § 1121(a), Dec. 19, 2007, 121 Stat. 1761; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8332(d)(4), Jan. 1, 2021, 134 Stat. 4705.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “marine highway” for “short sea” in subsecs. (a) and (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
46 U.S.C. § 55603 (SHIPPING)
[§ 55603. Repealed. Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8332(d)(1), Jan. 1, 2021, 134 Stat. 4704]
text: Section, added Pub. L. 110–140, title XI, § 1121(a), Dec. 19, 2007, 121 Stat. 1761, related to an interagency board to identify and seek solutions to impediments hindering effective use of short sea transportation.
46 U.S.C. § 55604 (SHIPPING)
§ 55604. Research on marine highway transportation
The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, may conduct research on marine highway transportation, regarding—
(1) the environmental and transportation benefits to be derived from marine highway transportation alternatives for other forms of transportation;
(2) technology, vessel design, and other improvements that would reduce emissions, increase fuel economy, and lower costs of marine highway transportation and increase the efficiency of intermodal transfers; and
(3) solutions to impediments to marine highway transportation projects designated under section 55601.
(Added Pub. L. 110–140, title XI, § 1121(a), Dec. 19, 2007, 121 Stat. 1761; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8332(d)(4), (5), Jan. 1, 2021, 134 Stat. 4705.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “marine highway” for “short sea” in section catchline and wherever appearing in text.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
46 U.S.C. § 55605 (SHIPPING)
§ 55605. Marine highway transportation defined
In this chapter, the term “marine highway transportation” means the carriage by a documented vessel of cargo—
(1) that is—
(A) contained in intermodal cargo containers and loaded by crane on the vessel;
(B) loaded on the vessel by means of wheeled technology;
(C) shipped in discrete units or packages that are handled individually, palletized, or unitized for purposes of transportation; or
(D) freight vehicles carried aboard commuter ferry boats; and
(2) that is—
(A) loaded at a port in the United States and unloaded either at another port in the United States or at a port in Canada located in the Great Lakes Saint Lawrence Seaway System; or
(B) loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States.
(Added Pub. L. 110–140, title XI, § 1121(a), Dec. 19, 2007, 121 Stat. 1761; amended Pub. L. 112–213, title IV, § 405(b), Dec. 20, 2012, 126 Stat. 1571; Pub. L. 114–92, div. C, title XXXV, § 3508, Nov. 25, 2015, 129 Stat. 1223; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8332(d)(6), Jan. 1, 2021, 134 Stat. 4705.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “Marine highway” for “Short sea” in section catchline and “marine highway transportation” for “short sea transportation” in introductory provisions.
2015—Par. (1)(C), (D). Pub. L. 114–92 added subpars. (C) and (D).
2012—Pub. L. 112–213, which directed amendment of section 55605, without specifying the title to be amended, by substituting “by a documented vessel” for “by vessel” in the matter preceding par. (1), was executed to this section, to reflect the probable intent of Congress.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
46 U.S.C. § 70002 (SHIPPING)
§ 70002. Special powers
The Secretary may order any vessel, in a port or place subject to the jurisdiction of the United States or in the navigable waters of the United States, to operate or anchor in a manner the Secretary directs if—
(1) the Secretary has reasonable cause to believe such vessel does not comply with any regulation issued under section 70034 or any other applicable law or treaty;
(2) the Secretary determines such vessel does not satisfy the conditions for port entry set forth in section 70021 or 70022 of this title; or
(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the Secretary is satisfied such direction is justified in the interest of safety.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4255; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8508(2)(A), Jan. 1, 2021, 134 Stat. 4755.)
heading: Editorial Notes
heading: Amendments
text: 2021—Par. (2). Pub. L. 116–283 inserted ‘or 70022” after “section 70021”.
46 U.S.C. § 70014 (SHIPPING)
§ 70014. Aiming laser pointer at vessel
(a) Prohibition.—
It shall be unlawful to cause the beam of a laser pointer to strike a vessel operating on the navigable waters of the United States.
(b) Exceptions.—
This section shall not apply to a member or element of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training.
(c) Laser Pointer Defined.—
In this section the term “laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.
(Added Pub. L. 116–283, div. G, title LVXXXIII, § 8342(a), Jan. 1, 2021, 134 Stat. 4709.)
46 U.S.C. § 70031 (SHIPPING)
§ 70031. Definitions
As used in subchapters I through III 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; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(4), Jan. 1, 2021, 134 Stat. 4753.)
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.
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “I through III” for “A through C” in introductory provisions.
46 U.S.C. § 70032 (SHIPPING)
§ 70032. Saint Lawrence Seaway
The authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Great Lakes St. Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters I through III and this subchapter shall be delegated by the Secretary to the Great Lakes St. Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261; amended Pub. L. 116–260, div. AA, title V, § 512(c)(6)(F), Dec. 27, 2020, 134 Stat. 2757; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(5), Jan. 1, 2021, 134 Stat. 4753.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “I through III” for “A through C”.
2020—Pub. L. 116–260 substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation” in two places.
46 U.S.C. § 70033 (SHIPPING)
§ 70033. Limitation on application to foreign vessels
Except pursuant to international treaty, convention, or agreement, to which the United States is a party, subchapters I through III and this subchapter shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—
(1) innocent passage through the territorial sea of the United States; or
(2) transit through the navigable waters of the United States that form a part of an international strait.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(6), Jan. 1, 2021, 134 Stat. 4753.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “I through III” for “A through C” in introductory provisions.
46 U.S.C. § 70035 (SHIPPING)
§ 70035. Investigatory powers
(a) Secretary.—
The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to subchapters I through III and this subchapter, or that affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States.
(b) Powers.—
In an investigation under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to obey a subpoena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance with the subpoena. Any district court of the United States may, in the case of refusal to obey a subpoena, issue an order requiring compliance with the subpoena, and failure to obey the order may be punished by the court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4262; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(8), Jan. 1, 2021, 134 Stat. 4753.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283 substituted “I through III” for “A through C”.
46 U.S.C. § 70102a (SHIPPING)
[§ 70102a. Repealed. Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(d)(1), Jan. 1, 2021, 134 Stat. 4754]
text: Section, as added and amended Pub. L. 115–282, title IV, § 408(a), (b), Dec. 4, 2018, 132 Stat. 4268, related to port, harbor, and coastal facility security.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Dec. 4, 2018, as if included in Pub. L. 115—282, see section 8507(d)(7) of Pub. L. 116—283, set out as an Effective Date of 2021 Amendment note under section 1226 of Title 33, Navigation and Navigable Waters.
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.
(c) Payments.—
Payments received pursuant to subsection (b)(1) shall be credited to the appropriation for operations and support of the Coast Guard.
(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1692; Pub. L. 113–281, title III, § 314(a)(1), Dec. 18, 2014, 128 Stat. 3049; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8513(b), Jan. 1, 2021, 134 Stat. 4761.)
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.
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (c). Pub. L. 116–283 substituted “operations and support” for “operating expenses”.
2014—Subsec. (c). Pub. L. 113–281 added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2014 Amendment
text: Pub. L. 113–281, title III, § 314(c), Dec. 18, 2014, 128 Stat. 3049, provided that: “This section [enacting section 80304 of this title and amending this section and section 80302 of this title] shall take effect on January 1, 2017.”