United States 115th Congress Status: Died 1 D cosponsors

HR 5326 — Maritime Technical Corrections Act of 2018

Last action — Placed on the Union Calendar, Calendar No. 794.

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Bill Text

What changed in the latest version

20 added · 7 removed

Plain-language change summary

The amendment to HR 5326 removes a portion of text stating that "On or after October 1, 2016, no" applies and replaces it with "No." It also strikes out the item related to section 6003 and changes references from "the Secretary of Transportation" to "the Secretary of the Treasury." These changes clarify the language and potentially streamline the enforcement process within the contexts mentioned.

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5326 Introduced in House (IH)] <DOC> 115th CONGRESS 2d Session H.
5326 Reported in House (RH)] <DOC> Union Calendar No.
794 115th CONGRESS 2d Session H.
5326 To amend titles 14 and 46, United States Code, to make technical corrections with respect to Coast Guard and shipping authorities, and for other purposes.
5326 [Report No.
115-1015] To amend titles 14 and 46, United States Code, to make technical corrections with respect to Coast Guard and shipping authorities, and for other purposes.
which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend titles 14 and 46, United States Code, to make technical corrections with respect to Coast Guard and shipping authorities, and for other purposes.
which was referred to the Committee on Transportation and Infrastructure November 13, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on March 19, 2018] _______________________________________________________________________ A BILL To amend titles 14 and 46, United States Code, to make technical corrections with respect to Coast Guard and shipping authorities, and for other purposes.
(e) Section 7505 of title 46, United States Code, is amended by striking ``section 206(b)(7) of the National Driver Registration Act of (23 U.S.C.
(e) Section 7505 of title 46, United States Code, is amended by striking ``section 206(b)(7) of the National Driver Register Act of (23 U.S.C.
(k) Section 13107(c)(2) of title 46, United States Code, is amended by striking ``On or after October 1, 2016, no'' and inserting ``No''.
(k) Section 13107(c)(2) of title 46, United States Code, is amended by striking ``On and after October 1, 2016, no'' and inserting ``No''.
(2) striking the item relating to section 6001.
(2) striking the item relating to section 6003.
191), is amended by striking ``the Secretary of Transportation'' and inserting ``the Secretary of the department in which the Coast Guard is operating''.
191), is amended by striking ``the Secretary of the Treasury'' and inserting ``the Secretary of the department in which the Coast Guard is operating''.
$10,0000 for a violation occurring in 2005;
$10,000 for a violation occurring in 2005;
<all>
Union Calendar No.
794 115th CONGRESS 2d Session H.
R.
5326 [Report No.
115-1015] _______________________________________________________________________ A BILL To amend titles 14 and 46, United States Code, to make technical corrections with respect to Coast Guard and shipping authorities, and for other purposes.
_______________________________________________________________________ November 13, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
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Sections of law this bill changes

56 sections in 36 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Functions and powers · 14 U.S.C. ch. 5 1 section
Pay, allowances, awards, and other rights and benefits · 14 U.S.C. ch. 27 2 sections
Marine mammal protection · 16 U.S.C. ch. 31 1 section
  • § 1383a Interim exemption for commercial fisheries Amends

    16 U.S.C. § 1383a — at 1383a(o)(3)

    The law today

    (a) Effective and termination dates of preemptive provisions; law governing incidental taking of marine mammals in course of commercial yellowfin tuna fishing (1) During the period beginning on November 23, 1988, and until superseded by regulations prescribed under section 1387 of this title, or until September 1, 1995, whichever is earlier, except as provided in paragraph (2), the provisions of this section, rather than sections 1371, 1373, and 1374 of this title, shall govern the incidental taking of marine mammals in the course of commercial fishing operations by persons using vessels of the United States and vessels which have valid fishing permits issued by the Secretary in accordance with section 1824(b) of this title. In any event it shall be the immediate goal that the incidental kill or serious injury of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate. (2) The provisions of this section other than subsection (e)(6)(A) shall not govern the incidental taking of marine mammals in the course of commercial yellowfin tuna fishing subject to section 1374(h)(2) of this title. (b) Proposed and final list of fisheries taking marine mammals; publication in Federal Register; grant of exemption; conditions; suspension of grant of exemption; administration of exemption provisions; fees (1) The Secretary shall, after consultation with the Marine Mammal Commission— (A) publish in the Federal Register, for public comment, not later than sixty days after November 23, 1988, a proposed list of those fisheries, along with a statement of the marine mammals and the approximate number of vessels or persons involved in each such fishery, that have— (i) frequent incidental taking of marine mammals; (ii) occasional incidental taking of marine mammals; or (iii) a remote likelihood of or no known incidental taking of marine mammals; (B) publish in the Federal Register not later than one hundred and twenty days after November 23, 1988, a final list of the fisheries and other information required by paragraph (A), together with a summary of the provisions of this section and information sufficient to advise vessel owners on how to obtain an exemption and otherwise comply with the requirements of this section; and (C) at least once each year thereafter, and at such other times as the Secretary considers appropriate, reexamine, based on information gathered from the program established under subsections (c), (d), (e), and (f), and other relevant sources and after notice and opportunity for public comment, the classification of fisheries and other determinations required under subparagraph (A) and publish in the Federal Register any necessary changes. (2) (A) An exemption shall be granted by the Secretary in accordance with this section for a vessel engaged in a fishery identified under paragraph (1)(A)(i) or (ii), upon receipt by the Secretary of a completed registration form providing the name of the vessel owner, the name and description of the vessel, the fisheries in which it will be engaged, and such other information as the Secretary considers necessary. A decal or other physical evidence that the exemption is current and valid shall be issued by the Secretary at the time an exemption is granted, and so long as the exemption remains current and valid, shall be reissued annually thereafter. (B) No exemption may be granted under this section to the owner of a vessel unless such vessel— (i) is a vessel of the United States; or (ii) has a valid fishing permit issued by the Secretary in accordance with section 1824(b) of this title. (C) Notwithstanding any other provision of this subchapter, exemptions granted under this section shall authorize the incidental taking of marine mammals, other than California sea otters, from any species or stock, including a population stock designated as depleted, but shall not authorize the intentional ...

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Fishery conservation and management · 16 U.S.C. ch. 38 1 section
  • § 1802 Definitions Amends

    16 U.S.C. § 1802 — at 1802(3)

    The law today

    As used in this chapter, unless the context otherwise requires— (1) The term “anadromous species” means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters. (2) The term “bycatch” means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program. (3) The term “charter fishing” means fishing from a vessel carrying a passenger for hire (as defined in section 2101 of title 46) who is engaged in recreational fishing. (4) The term “commercial fishing” means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade. (5) The term “conservation and management” refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that— (i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis; (ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and (iii) there will be a multiplicity of options available with respect to future uses of these resources. (6) The term “Continental Shelf” means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of such areas. (7) The term “Continental Shelf fishery resources” means the following: Cnidaria Bamboo Coral—Acanella spp.; Black Coral—Antipathes spp.; Gold Coral—Callogorgia spp.; Precious Red Coral—Corallium spp.; Bamboo Coral—Keratoisis spp.; and Gold Coral—Parazoanthus spp. Crustacea Tanner Crab—Chionoecetes tanneri; Tanner Crab—Chionoecetes opilio; Tanner Crab—Chionoecetes angulatus; Tanner Crab—Chionoecetes bairdi; King Crab—Paralithodes camtschatica; King Crab—Paralithodes platypus; King Crab—Paralithodes brevipes; Lobster—Homarus americanus; Dungeness Crab—Cancer magister; California King Crab—Paralithodes cali­forniensis; California King Crab—Paralithodes rath­buni; Golden King Crab—Lithodes aequispinus; Northern Stone Crab—Lithodes maja; Stone Crab—Menippe mercenaria; and Deep-sea Red Crab—Chaceon quinquedens. Mollusks Red Abalone—Haliotis rufescens; Pink Abalone—Haliotis corrugata; Japanese Abalone—Haliotis kamtschat­kana; Queen Conch—Strombus gigas; Surf Clam—Spisula solidissima; and Ocean Quahog—Arctica islandica. Sponges Glove Sponge—Spongia cheiris; Sheepswool Sponge—Hippiospongia lachne; Grass Sponge—Spongia graminea; and Yellow Sponge—Spongia barbera. If the Secretary determines, after consultation with the Secretary of State, that living organisms of any other sedentary species are, at the harvestable stage, either— (A) immobile on or under the seabed, or (B) unable to move except in constant physical contact with the seabed or subsoil, of the Continental Shelf which appertains to the United States, and publishes notice of such determination in the Federal Register, such sedentary species shall be considered to be added to the foregoing list and included in such term for purposes of this chapter. (8) The term “Council” means any Regional Fishery Management Council established under section 1852 of this title. (9) The term “economic discards” means fish which are the target of a fishery, but which are not retained because they are of an undesirable size, sex, or quality, or for other economic reasons. (10) The term “essential fish habitat” means those waters and substrate necessary to f...

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Railroad carriers and mass transportation systems on land, on water, or through the air · 18 U.S.C. ch. 97 1 section
  • § 1992 Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air Amends

    18 U.S.C. § 1992 — at 1992(d)(7)

    The law today

    (a) General Prohibitions.— Whoever, in a circumstance described in subsection (c), knowingly and without lawful authority or permission— (1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass transportation vehicle; (2) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad on-track equipment or a mass transportation vehicle with intent to endanger the safety of any person, or with a reckless disregard for the safety of human life; (3) places or releases a hazardous material or a biological agent or toxin on or near any property described in subparagraph (A) or (B) of paragraph (4), with intent to endanger the safety of any person, or with reckless disregard for the safety of human life; (4) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places any biological agent or toxin, destructive substance, or destructive device in, upon, or near any— (A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, and with intent to, or knowing or having reason to know,1 such activity would likely, derail, disable, or wreck railroad on-track equipment; or (B) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle, and with intent to, or knowing or having reason to know,1 such activity would likely, derail, disable, or wreck a mass transportation vehicle used, operated, or employed by a mass transportation provider; (5) removes an appurtenance from, damages, or otherwise impairs the operation of a railroad signal system or mass transportation signal or dispatching system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal; (6) with intent to endanger the safety of any person, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other person while the person is employed in dispatching, operating, controlling, or maintaining railroad on-track equipment or a mass transportation vehicle; (7) commits an act, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to any person who is on property described in subparagraph (A) or (B) of paragraph (4); (8) surveils, photographs, videotapes, diagrams, or otherwise collects information with the intent to plan or assist in planning any of the acts described in paragraphs (1) through (6); (9) conveys false information, knowing the information to be false, concerning an attempt or alleged attempt to engage in a violation of this subsection; or (10) attempts, threatens, or conspires to engage in any violation of any of paragraphs (1) through (9), shall be fined under this title or imprisoned not more than 20 years, or both, and if the offense results in the death of any person, shall be imprisoned for any term of years or for life, or subject to death, except in the case of a violation of paragraph (8), (9), or (10). (b) Aggravated Offense.— Whoever commits an offense under subsection (a) of this section in a circumstance in which— (1) the railroad on-track equipment or mass transportation vehicle was carrying a passenger or employee at the time of the offense; (2) the railroad on-track equipment or mass transportation vehicle was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense; or (3) the offense was committed with the intent to endanger the safety of any person, or with a reckless disregard for the safety of any person, and the railroad on-track equipment or mass transportation vehicle was carrying a haza...

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Protection of vessels on the high seas and in territorial waters of foreign countries · 22 U.S.C. ch. 25 1 section
  • § 1980b Sanctions for imposition of conditions on U.S. fishing vessel found inconsistent with international law Amends

    22 U.S.C. § 1980b — at 1980b(c)

    The law today

    (a) Certification If the Secretary of State finds that the government of any nation imposes conditions on the operation or transit of United States fishing vessels which the United States regards as being inconsistent with international law or an international agreement, the Secretary of State shall certify that fact to the President. (b) Sanctions Upon receipt of a certification under subsection (a), the President shall direct the heads of Federal agencies to impose similar conditions on the operation or transit of fishing vessels registered under the laws of the nation which has imposed conditions on United States fishing vessels. (c) “Fishing vessel” defined For the purposes of this section, the term “fishing vessel” has the meaning given that term in section 2101(12) of title 46. (d) Sanctions commensurate with conditions certified It is the sense of the Congress that any action taken by any Federal agency under subsection (b) should be commensurate with any conditions certified by the Secretary of State under subsection (a).

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Bridges over navigable waters · 33 U.S.C. ch. 11 1 section
  • § 495 Violations of orders respecting bridges and accessory works Amends

    33 U.S.C. § 495 — at 495(b)

    The law today

    (a) Criminal penalties for violation; misdemeanor; fine; new offenses; jurisdiction: suits for recovery of removal expenses, enforcement of removal, and obstruction-to-navigation causes or questions Any persons who shall willfully fail or refuse to comply with the lawful order of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers, made in accordance with the provisions of sections 491 to 494 and 495 to 498 of this title, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such persons shall remain in default shall be deemed a new offense and subject such persons to additional penalties therefor; and in addition to the penalties above described the Secretary of the department in which the Coast Guard is operating and the Chief of Engineers may, upon refusal of the persons owning or controlling any such bridge and accessory works to comply with any lawful order issued by the Secretary of the department in which the Coast Guard is operating or Chief of Engineers in regard thereto, cause the removal of such bridge and accessory works at the expense of the persons owning or controlling such bridge, and suit for such expense may be brought in the name of the United States against such persons, and recovery had for such expense in any court of competent jurisdiction; and the removal of any structures erected or maintained in violation of the provisions of said sections or the order or direction of the Secretary of the department in which the Coast Guard is operating or Chief of Engineers made in pursuance thereof may be enforced by injunction, mandamus, or other summary process, upon application to the district court in the district in which such structure may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary of the department in which the Coast Guard is operating; and in case of any litigation arising from any obstruction or alleged obstruction to navigation created by the construction of any bridge under said sections, the cause or question arising may be tried before the district court of the United States in any district which any portion of said obstruction or bridge touches. (b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any provision of sections 491 to 494 and 495 to 498 of this title, or any order issued under sections 491 to 494 and 495 to 498 of this title, shall be liable to a civil penalty of not more than $25,000 for a violation occurring in 2008 and any year thereafter. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.

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Lighthouses · 33 U.S.C. ch. 16 1 section
Water pollution prevention and control · 33 U.S.C. ch. 26 1 section
  • § 1321 Oil and hazardous substance liability Amends

    33 U.S.C. § 1321 — at 1321(a)(26)(D)

    The law today

    (a) Definitions For the purpose of this section, the term— (1) “oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil; (2) “discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping, but excludes (A) discharges in compliance with a permit under section 1342 of this title, (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under section 1342 of this title, and subject to a condition in such permit,,1 (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 1342 of this title, which are caused by events occurring within the scope of relevant operating or treatment systems, and (D) discharges incidental to mechanical removal authorized by the President under subsection (c) of this section; (3) “vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel; (4) “public vessel” means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; (5) “United States” means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands; (6) “owner or operator” means (A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel, and (B) in the case of an onshore facility, and an offshore facility, any person owning or operating such onshore facility or offshore facility, and (C) in the case of any abandoned offshore facility, the person who owned or operated such facility immediately prior to such abandonment; (7) “person” includes an individual, firm, corporation, association, and a partnership; (8) “remove” or “removal” refers to containment and removal of the oil or hazardous substances from the water and shorelines or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches; (9) “contiguous zone” means the entire zone established or to be established by the United States under article 24 of the Convention on the Territorial Sea and the Contiguous Zone; (10) “onshore facility” means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land; (11) “offshore facility” means any facility of any kind located in, on, or under, any of the navigable waters of the United States, any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel, and, for the purposes of applying subsections (b), (c), (e), and (o), any foreign offshore unit (as defined in section 1001 of the Oil Pollution Act 2) or any other facility located seaward of the exclusive economic zone; (12) “act of God” means an act occasioned by an unanticipated grave natural disaster; (13) “barrel” means 42 United States gallons at 60 degrees Fahrenheit; (14) “hazardous substance” means any substance designated pursuant to subsection (b)(2) of this section; (15) “inland oil barge” means a non-self-propelled vessel carrying oil in bulk as cargo and certificated to operate only in the inland waters of the United States, while operating in such waters; (16) “inland waters of the United States” means those waters of the United...

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Prevention of pollution from ships · 33 U.S.C. ch. 33 1 section
  • § 1904 Certificates Amends

    33 U.S.C. § 1904 — at 1904(f)

    The law today

    (a) Issuance by authorized designees; restriction on issuance Except as provided in section 1903(b)(1) of this title, the Secretary shall designate those persons authorized to issue on behalf of the United States the certificates required by the MARPOL Protocol. A certificate required by the MARPOL Protocol shall not be issued to a ship which is registered in or of the nationality of a country which is not a party to the MARPOL Protocol. (b) Validity of foreign certificates A certificate issued by a country which is a party to the MARPOL Protocol has the same validity as a certificate issued by the Secretary or the Administrator under the authority of this chapter. (c) Location onboard vessel; inspection of vessels subject to jurisdiction of the United States A ship required by the MARPOL Protocol to have a certificate— (1) shall carry a valid certificate onboard in the manner prescribed by the authority issuing the certificate; and (2) is subject to inspection while in a port or terminal under the jurisdiction of the United States. (d) Onboard inspections; other Federal inspection authority unaffected An inspection conducted under subsection (c)(2) of this section is limited to verifying whether or not a valid certificate is onboard, unless clear grounds exist which reasonably indicate that the condition of the ship or its equipment does not substantially agree with the particulars of its certificate. This section shall not limit the authority of any official or employee of the United States under any other treaty, law, or regulation to board and inspect a ship or its equipment. (e) Detention orders; duration of detention; shipyard option In addition to the penalties prescribed in section 1908 of this title, a ship required by the MARPOL Protocol to have a certificate— (1) which does not have a valid certificate onboard; or (2) whose condition or whose equipment’s condition does not substantially agree with the particulars of the certificate onboard; shall be detained by order of the Secretary at the port or terminal where the violation is discovered until, in the opinion of the Secretary, the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment or the public health and welfare. The detention order may authorize the ship to proceed to the nearest appropriate available shipyard rather than remaining at the place where the violation was discovered. (f) Ship clearance; refusal or revocation If a ship is under a detention order under this section, the Secretary may refuse or revoke the clearance required by section 60105 of title 46. (g) Review of detention orders; petition; determination by Secretary A person whose ship is subject to a detention order under this section may petition the Secretary, in the manner prescribed by regulation, to review the detention order. Upon receipt of a petition under this subsection, the Secretary shall affirm, modify, or withdraw the detention order within the time prescribed by regulation. (h) Compensation for loss or damage A ship unreasonably detained or delayed by the Secretary acting under the authority of this chapter is entitled to compensation for any loss or damage suffered thereby.

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Oil pollution · 33 U.S.C. ch. 40 5 sections
  • § 2701 Definitions Amends

    33 U.S.C. § 2701 — at 2701(32)(A)

    The law today

    For the purposes of this Act, the term— (1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight; (2) “barrel” means 42 United States gallons at 60 degrees fahrenheit; (3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident; (4) “claimant” means any person or government who presents a claim for compensation under this subchapter; (5) “damages” means damages specified in section 2702(b) of this title, and includes the cost of assessing these damages; (6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501–1524); (7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping; (8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; (9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil. This term includes any motor vehicle, rolling stock, or pipeline used for one or more of these purposes; (10) “foreign offshore unit” means a facility which is located, in whole or in part, in the territorial sea or on the continental shelf of a foreign country and which is or was used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the seabed beneath the foreign country’s territorial sea or from the foreign country’s continental shelf; (11) “Fund” means the Oil Spill Liability Trust Fund, established by section 9509 of title 26; (12) “gross ton” has the meaning given that term by the Secretary under part J of title 46; (13) “guarantor” means any person, other than the responsible party, who provides evidence of financial responsibility for a responsible party under this Act; (14) “incident” means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the discharge or substantial threat of discharge of oil; (15) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, but not including any Alaska Native regional or village corporation, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and has governmental authority over lands belonging to or controlled by the tribe; (16) “lessee” means a person holding a leasehold interest in an oil or gas lease on lands beneath navigable waters (as that term is defined in section 1301(a) of title 43) or on submerged lands of the Outer Continental Shelf, granted or maintained under applicable State law or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); (17) “liable” or “liability” shall be construed to be the standard of liability which obtains under section 1321 of this title; (18) “mobile offshore drilling unit” means a vessel (other than a self-elevating lift vessel) capable of use as an offshore facility; (19) “National Contingency Plan” means the National Contingency Plan prepared and published under section 1321(d) of this title or revised under section 105 of the Comprehensive Environmental Response, Compens...

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  • § 2703 Defenses to liability Amends

    33 U.S.C. § 2703 — at 2703(d)(5)

    The law today

    (a) Complete defenses A responsible party is not liable for removal costs or damages under section 2702 of this title if the responsible party establishes, by a preponderance of the evidence, that the discharge or substantial threat of a discharge of oil and the resulting damages or removal costs were caused solely by— (1) an act of God; (2) an act of war; (3) an act or omission of a third party, other than an employee or agent of the responsible party or a third party whose act or omission occurs in connection with any contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail), if the responsible party establishes, by a preponderance of the evidence, that the responsible party— (A) exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts and circumstances; and (B) took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions; or (4) any combination of paragraphs (1), (2), and (3). (b) Defenses as to particular claimants A responsible party is not liable under section 2702 of this title to a claimant, to the extent that the incident is caused by the gross negligence or willful misconduct of the claimant. (c) Limitation on complete defense Subsection (a) does not apply with respect to a responsible party who fails or refuses— (1) to report the incident as required by law if the responsible party knows or has reason to know of the incident; (2) to provide all reasonable cooperation and assistance requested by a responsible official in connection with removal activities; or (3) without sufficient cause, to comply with an order issued under subsection (c) or (e) of section 1321 of this title or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.). (d) Definition of contractual relationship (1) In general For purposes of subsection (a)(3) the term “contractual relationship” includes, but is not limited to, land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless— (A) the real property on which the facility concerned is located was acquired by the responsible party after the placement of the oil on, in, or at the real property on which the facility concerned is located; (B) one or more of the circumstances described in subparagraph (A), (B), or (C) of paragraph (2) is established by the responsible party by a preponderance of the evidence; and (C) the responsible party complies with paragraph (3). (2) Required circumstance The circumstances referred to in paragraph (1)(B) are the following: (A) At the time the responsible party acquired the real property on which the facility is located the responsible party did not know and had no reason to know that oil that is the subject of the discharge or substantial threat of discharge was located on, in, or at the facility. (B) The responsible party is a government entity that acquired the facility— (i) by escheat; (ii) through any other involuntary transfer or acquisition; or (iii) through the exercise of eminent domain authority by purchase or condemnation. (C) The responsible party acquired the facility by inheritance or bequest. (3) Additional requirements For purposes of paragraph (1)(C), the responsible party must establish by a preponderance of the evidence that the responsible party— (A) has satisfied the requirements of subsection (a)(3)(A) and (B); (B) has provided full cooperation, assistance, and facility access to the persons that are authorized to conduct removal actions, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial removal action; (C) is in compliance with any land use restrictions established or relied on in connection with the removal action; and (D) has not imped...

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  • § 2704 Limits on liability Amends

    33 U.S.C. § 2704 — at 2704(d)(2)(C)

    The law today

    (a) General rule Except as otherwise provided in this section, the total of the liability of a responsible party under section 2702 of this title and any removal costs incurred by, or on behalf of, the responsible party, with respect to each incident shall not exceed— (1) for a tank vessel the greater of— (A) with respect to a single-hull vessel, including a single-hull vessel fitted with double sides only or a double bottom only, $3,000 per gross ton; (B) with respect to a vessel other than a vessel referred to in subparagraph (A), $1,900 per gross ton; or (C) (i) with respect to a vessel greater than 3,000 gross tons that is— (I) a vessel described in subparagraph (A), $22,000,000; or (II) a vessel described in subparagraph (B), $16,000,000; or (ii) with respect to a vessel of 3,000 gross tons or less that is— (I) a vessel described in subparagraph (A), $6,000,000; or (II) a vessel described in subparagraph (B), $4,000,000; (2) for any other vessel, $950 per gross ton or $800,000, whichever is greater; (3) for an offshore facility except a deepwater port, the total of all removal costs plus $75,000,000; and (4) for any onshore facility and a deepwater port, $350,000,000. (b) Division of liability for mobile offshore drilling units (1) Treated first as tank vessel For purposes of determining the responsible party and applying this Act and except as provided in paragraph (2), a mobile offshore drilling unit which is being used as an offshore facility is deemed to be a tank vessel with respect to the discharge, or the substantial threat of a discharge, of oil on or above the surface of the water. (2) Treated as facility for excess liability To the extent that removal costs and damages from any incident described in paragraph (1) exceed the amount for which a responsible party is liable (as that amount may be limited under subsection (a)(1)), the mobile offshore drilling unit is deemed to be an offshore facility. For purposes of applying subsection (a)(3), the amount specified in that subsection shall be reduced by the amount for which the responsible party is liable under paragraph (1). (c) Exceptions (1) Acts of responsible party Subsection (a) does not apply if the incident was proximately caused by— (A) gross negligence or willful misconduct of, or (B) the violation of an applicable Federal safety, construction, or operating regulation by, the responsible party, an agent or employee of the responsible party, or a person acting pursuant to a contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail). (2) Failure or refusal of responsible party Subsection (a) does not apply if the responsible party fails or refuses— (A) to report the incident as required by law and the responsible party knows or has reason to know of the incident; (B) to provide all reasonable cooperation and assistance requested by a responsible official in connection with removal activities; or (C) without sufficient cause, to comply with an order issued under subsection (c) or (e) of section 1321 of this title or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.). (3) OCS facility or vessel Notwithstanding the limitations established under subsection (a) and the defenses of section 2703 of this title, all removal costs incurred by the United States Government or any State or local official or agency in connection with a discharge or substantial threat of a discharge of oil from any Outer Continental Shelf facility or a vessel carrying oil as cargo from such a facility shall be borne by the owner or operator of such facility or vessel. (4) Certain tank vessels Subsection (a)(1) shall not apply to— (A) a tank vessel on which the only oil carried as cargo is an animal fat or vegetable oil, as those terms are used in section 2720 of this title; and (B) a tank vessel that is designated in its certificate of inspection as an oil spill response ve...

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  • § 2716a Financial responsibility civil penalties Amends

    33 U.S.C. § 2716a

    The law today

    (a) Administrative Any person who, after notice and an opportunity for a hearing, is found to have failed to comply with the requirements of section 2716 of this title or the regulations issued under that section, or with a denial or detention order issued under subsection (b)(2) of that section, shall be liable to the United States for a civil penalty, not to exceed $25,000 per day of violation. The amount of the civil penalty shall be assessed by the President by written notice. In determining the amount of the penalty, the President shall take into account the nature, circumstances, extent, and gravity of the violation, the degree of culpability, any history of prior violation, ability to pay, and such other matters as justice may require. The President may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which had been imposed under this paragraph. If any person fails to pay an assessed civil penalty after it has become final, the President may refer the matter to the Attorney General for collection. (b) Judicial In addition to, or in lieu of, assessing a penalty under subsection (a), the President may request the Attorney General to secure such relief as necessary to compel compliance with section 2716 of this title, including a judicial order terminating operations. The district courts of the United States shall have jurisdiction to grant any relief as the public interest and the equities of the case may require.

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  • § 2732 Terminal and tanker oversight and monitoring Amends

    33 U.S.C. § 2732 — at 2732(l)(2)

    The law today

    (a) Short title and findings (1) Short title This section may be cited as the “Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990”. (2) Findings The Congress finds that— (A) the March 24, 1989, grounding and rupture of the fully loaded oil tanker, the EXXON VALDEZ, spilled 11 million gallons of crude oil in Prince William Sound, an environmentally sensitive area; (B) many people believe that complacency on the part of the industry and government personnel responsible for monitoring the operation of the Valdez terminal and vessel traffic in Prince William Sound was one of the contributing factors to the EXXON VALDEZ oil spill; (C) one way to combat this complacency is to involve local citizens in the process of preparing, adopting, and revising oil spill contingency plans; (D) a mechanism should be established which fosters the long-term partnership of industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals; (E) such a mechanism presently exists at the Sullom Voe terminal in the Shetland Islands and this terminal should serve as a model for others; (F) because of the effective partnership that has developed at Sullom Voe, Sullom Voe is considered the safest terminal in Europe; (G) the present system of regulation and oversight of crude oil terminals in the United States has degenerated into a process of continual mistrust and confrontation; (H) only when local citizens are involved in the process will the trust develop that is necessary to change the present system from confrontation to consensus; (I) a pilot program patterned after Sullom Voe should be established in Alaska to further refine the concepts and relationships involved; and (J) similar programs should eventually be established in other major crude oil terminals in the United States because the recent oil spills in Texas, Delaware, and Rhode Island indicate that the safe transportation of crude oil is a national problem. (b) Demonstration programs (1) Establishment There are established 2 Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Demonstration Programs (hereinafter referred to as “Programs”) to be carried out in the State of Alaska. (2) Advisory function The function of these Programs shall be advisory only. (3) Purpose The Prince William Sound Program shall be responsible for environmental monitoring of the terminal facilities in Prince William Sound and the crude oil tankers operating in Prince William Sound. The Cook Inlet Program shall be responsible for environmental monitoring of the terminal facilities and crude oil tankers operating in Cook Inlet located South of the latitude at Point Possession and North of the latitude at Amatuli Island, including offshore facilities in Cook Inlet. (4) Suits barred No program, association, council, committee or other organization created by this section may sue any person or entity, public or private, concerning any matter arising under this section except for the performance of contracts. (c) Oil Terminal Facilities and Oil Tanker Operations Association (1) Establishment There is established an Oil Terminal Facilities and Oil Tanker Operations Association (hereinafter in this section referred to as the “Association”) for each of the Programs established under subsection (b). (2) Membership Each Association shall be comprised of 4 individuals as follows: (A) One individual shall be designated by the owners and operators of the terminal facilities and shall represent those owners and operators. (B) One individual shall be designated by the owners and operators of the crude oil tankers calling at the terminal facilities and shall represent those owners and operators. (C) One individual shall be an employee of the State of Alaska, shall be designated by the Governor of the State of Alaska, and shall represent the State government. (D) One individual shall be an employee of the Federal Govern...

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General · 46 U.S.C. ch. 21 4 sections
  • § 2101 General definitions Amends

    46 U.S.C. § 2101

    The law today

    In this subtitle— (1) “associated equipment”— (A) means— (i) a system, accessory, component, or appurtenance of a recreational vessel; or (ii) a marine safety article intended for use on board a recreational vessel; but (B) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment. (2) “Coast Guard” means the organization established and continued under section 101 of title 14. (3) “Commandant” means the Commandant of the Coast Guard. (4) “commercial service” includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel. (5) “consideration” means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies. (6) “crude oil” means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added. (7) “crude oil tanker” means a tanker engaged in the trade of carrying crude oil. (8) “dangerous drug” means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). (9) “discharge”, when referring to a substance discharged from a vessel, includes spilling, leaking, pumping, pouring, emitting, emptying, or dumping, however caused. (10) “ferry” means a vessel that is used on a regular schedule— (A) to provide transportation only between places that are not more than 300 miles apart; and (B) to transport only— (i) passengers; or (ii) vehicles, or railroad cars, that are being used, or have been used, in transporting passengers or goods. (11) “fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, except marine mammals and birds. (12) “fishing vessel” means a vessel that commercially engages in the catching, taking, or harvesting of fish or an activity that can reasonably be expected to result in the catching, taking, or harvesting of fish. (13) “fish processing vessel” means a vessel that commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling. (14) “fish tender vessel” means a vessel that commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to fishing or the preparation of fish to or from a fishing, fish processing, or fish tender vessel or a fish processing facility. (15) “freight vessel” means a motor vessel of more than 15 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title that carries freight for hire, except an oceanographic research vessel or an offshore supply vessel. (16) “Great Lakes barge” means a non-self-propelled vessel of at least 3,500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title operating on the Great Lakes. (17) “hazardous material” means a liquid material or substance that is— (A) flammable or combustible; (B) designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321); or (C) designated a hazardous material under section 5103(a) of title 49...

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  • § 2110 Fees Amends

    46 U.S.C. § 2110

    The law today

    (a) (1) Except as otherwise provided in this title, the Secretary shall establish a fee or charge for a service or thing of value provided by the Secretary under this subtitle, in accordance with section 9701 of title 31. (2) The Secretary may not establish a fee or charge under paragraph (1) for inspection or examination of a non-self-propelled tank vessel under part B of this subtitle that is more than $500 annually. The Secretary may not establish a fee or charge under paragraph (1) for inspection or examination of a small passenger vessel under this title that is more than $300 annually for such vessels under 65 feet in length, or more than $600 annually for such vessels 65 feet in length and greater. The Secretary may not establish a fee or charge under paragraph (1) for inspection or examination under this title for any publicly-owned ferry. (3) The Secretary may, by regulation, adjust a fee or charge collected under this subsection to accommodate changes in the cost of providing a specific service or thing of value, but the adjusted fee or charge may not exceed the total cost of providing the service or thing of value for which the fee or charge is collected, including the cost of collecting the fee or charge. (4) The Secretary may not collect a fee or charge under this subsection that is in conflict with the international obligations of the United States. (5) The Secretary may not collect a fee or charge under this subsection for any search or rescue service. (b) (1) In addition to the collection of fees and charges established under subsection (a), in providing a service or thing of value under this subtitle the Secretary may accept in-kind transportation, travel, and subsistence. (2) The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under section 464 of title 37. (c) In addition to the collection of fees and charges established under subsection (a), the Secretary may recover appropriate collection and enforcement costs associated with delinquent payments of the fees and charges. (d) (1) The Secretary may employ any Federal, State, or local agency or instrumentality, or any private enterprise or business, to collect a fee or charge established under this section. A private enterprise or business selected by the Secretary to collect fees or charges— (A) shall be subject to reasonable terms and conditions agreed to by the Secretary and the enterprise or business; (B) shall provide appropriate accounting to the Secretary; and (C) may not institute litigation as part of that collection. (2) A Federal agency shall account for the agency’s costs of collecting the fee or charge under this subsection as a reimbursable expense, and the costs shall be credited to the account from which expended. (e) A person that violates this section by failing to pay a fee or charge established under this section is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. (f) When requested by the Secretary, the Secretary of Homeland Security shall deny the clearance required by section 60105 of this title to a vessel for which a fee or charge established under this section has not been paid until the fee or charge is paid or until a bond is posted for the payment. (g) The Secretary may exempt a person from paying a fee or charge established under this section if the Secretary determines that it is in the public interest to do so. (h) Fees and charges collected by the Secretary under this section shall be deposited in the general fund of the Treasury as offsetting receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities. (i) The collection of a fee or charge under this section does not alter or expand the functions, powers, responsibilities, or liability of the United States under any law for the performance of services or the provi...

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  • § 2113 Authority to exempt certain vessels Amends

    46 U.S.C. § 2113 — at 2113(3)

    The law today

    If the Secretary decides that the application of a provision of part B, C, F, or G of this subtitle is not necessary in performing the mission of the vessel engaged in excursions or an oceanographic research vessel, or not necessary for the safe operation of certain vessels carrying passengers, the Secretary by regulation may— (1) for a vessel, issue a special permit specifying the conditions of operation and equipment; (2) exempt an oceanographic research vessel from that provision under conditions the Secretary may specify; (3) establish different operating and equipment requirements for vessels defined in section 2101(55)(A) of this title; and (4) maintain different structural fire protection, manning, operating, and equipment requirements for vessels that satisfied requirements set forth in the Passenger Vessel Safety Act of 1993 (Public Law 103–206) before June 21, 1994.

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  • § 2116 Marine safety strategy, goals, and performance assessments Amends

    46 U.S.C. § 2116 — at 2116(d)(1) and 2116(c)

    The law today

    (a) Long-Term Strategy and Goals.— In conjunction with existing federally required strategic planning efforts, the Secretary shall develop a long-term strategy for improving vessel safety and the safety of individuals on vessels. The 5-year strategy shall include the issuance of a plan and schedule for achieving the following goals: (1) Reducing the number and rates of marine casualties. (2) Improving the consistency and effectiveness of vessel and operator enforcement and compliance programs. (3) Identifying and targeting enforcement efforts at high-risk vessels and operators. (4) Improving research efforts to enhance and promote vessel and operator safety and performance. (b) 5-Year Strategy and Plan.— (1) Measurable goals.— The 5-year strategy and plan shall include specific numeric or measurable goals designed to achieve the goals set forth in subsection (a). The purposes of the numeric or measurable goals are the following: (A) To increase the number of safety examinations on all high-risk vessels. (B) To eliminate the backlog of marine safety-related rulemakings. (C) To improve the quality and effectiveness of marine safety information databases by ensuring that all Coast Guard personnel accurately and effectively report all safety, casualty, and injury information. (D) To provide for a sufficient number of Coast Guard marine safety personnel, and provide adequate facilities and equipment to carry out the functions referred to in section 504(c) of title 14. (2) Resource needs.— The 5-year strategy and plan shall include estimates of— (A) the funds and staff resources needed to accomplish each activity included in the strategy and plan; and (B) the staff skills and training needed for timely and effective accomplishment of each goal. (c) Submission With the President’s Budget.— Not later than 5 years after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, and every 5 years thereafter, the Secretary shall submit to Congress the strategy and plan not later than 60 days following the transmission of the President’s budget submission under section 1105 of title 31. (d) Achievement of Goals.— (1) Progress assessment.— In conjunction with the submission of the 5-year strategy and plan, the Commandant shall assess the progress of the Coast Guard toward achieving the goals set forth in subsection (b). The Commandant shall convey the Commandant’s assessment to the employees of the marine safety workforce and shall identify any deficiencies that should be remedied before the next progress assessment. (2) Periodic briefings.— The Secretary shall periodically brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (A) on the performance of the marine safety program in achieving the goals of the marine safety strategy and plan under subsection (a) for the period covered by the briefing; (B) on the program’s mission performance in achieving numerical measurable goals established under subsection (b), including— (i) the number of civilian and military Coast Guard personnel assigned to marine safety positions; and (ii) an identification of marine safety positions that are understaffed to meet the workload required to accomplish each activity included in the strategy and plan under subsection (a); and (C) recommendations on how to improve performance of the program.

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Management of vessels · 46 U.S.C. ch. 32 1 section
  • § 3202 Application Amends

    46 U.S.C. § 3202 — at 3202(a)(1)(A)

    The law today

    (a) Foreign Voyages and Foreign Vessels.— This chapter applies to a vessel that— (1) (A) is transporting more than 12 passengers described in section 2101(31)(A) of this title; or (B) is of at least 500 gross tons as measured under section 14302 of this title and is a tanker, freight vessel, bulk freight vessel, high speed freight vessel, or self-propelled mobile offshore drilling unit; and (2) (A) is engaged on a foreign voyage; or (B) is a foreign vessel departing from a place under the jurisdiction of the United States on a voyage, any part of which is on the high seas. (b) Other Passenger Vessels.— (1) In general.— This chapter applies to a vessel that is— (A) a passenger vessel or small passenger vessel; and (B) is transporting more passengers than a number prescribed by the Secretary based on the number of individuals on the vessel that could be killed or injured in a marine casualty. (2) Safety management system.— Notwithstanding any other provision in this chapter, including paragraph (1)(B), any regulations under section 3203, including the safety management system established by such regulations, issued on or after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, shall apply to all covered small passenger vessels, as defined in section 3306(n)(5). (c) Voluntary Application.— This chapter applies to a vessel not described in subsection (a) of this section if the owner of the vessel requests the Secretary to apply this chapter to the vessel. (d) Exception.— Except as provided in subsection (c) of this section, this chapter does not apply to— (1) a barge; (2) a recreational vessel not engaged in commercial service; (3) a fishing vessel; (4) a vessel operating on the Great Lakes or its tributary and connecting waters that is not described in subsection (b) of this section; or (5) a public vessel.

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Inspection generally · 46 U.S.C. ch. 33 2 sections
  • § 3302 Exemptions Amends

    46 U.S.C. § 3302 — at 3302(g)(2)

    The law today

    (a) A vessel is not excluded from one category only because the vessel is— (1) included in another category of section 3301 of this title; or (2) excluded by this section from another category of section 3301 of this title. (b) Except as provided in subsection (c)(3) of this section, a fishing vessel, including a vessel chartered part-time as a fish tender vessel, is exempt from section 3301(1), (7), (11), and (12) of this title. (c) (1) Except as provided in paragraph (3) of this subsection, a fish processing vessel of not more than 5,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title is exempt from section 3301(1), (6), (7), (11), and (12) of this title. (2) Except as provided in paragraphs (3) and (4) of this subsection, the following fish tender vessels are exempt from section 3301(1), (6), (7), (11), and (12) of this title: (A) A vessel of not more than 500 gross tons as measured under section 14502 of this title or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title. (B) A vessel engaged in the Aleutian trade that is not more than 2,500 gross tons as measured under section 14302 of this title. (3) (A) A fishing vessel or fish processing vessel is exempt from section 3301(1), (6), and (7) of this title when transporting cargo (including fisheries-related cargo) to or from a place in Alaska if— (i) that place does not receive weekly common carrier service by water from a place in the United States; (ii) that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or (iii) the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary. (B) A fish tender vessel of not more than 500 gross tons as measured under section 14502 of this title, or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title, which is qualified to engage in the Aleutian trade is exempt from section 3301(1), (6), and (7) of this title when transporting cargo (including fisheries-related cargo) to or from a place in Alaska outside the Aleutian trade geographic area if— (i) that place does not receive weekly common carrier service by water from a place in the United States; (ii) that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or (iii) the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary. (C) In this paragraph, the term “proprietary cargo” means cargo that— (i) is used by the owner of the vessel or any affiliated entity or subsidiary in activities directly related to fishing or the processing of fish; (ii) is consumed by employees of the owner of the vessel or any affiliated entity or subsidiary who are engaged in fishing or in the processing of fish; or (iii) consists of fish or fish products harvested or processed by the owner of the vessel or any affiliated entity or subsidiary. (D) Notwithstanding the restrictions in subparagraph (B) of this paragraph, vessels qualifying under subparagraph (B) may transport cargo (including fishery-related products) from a place in Alaska receiving weekly common carrier service by water to a final destination in Alaska not receiving weekly service by water from common carriers. (4) A fish tender vessel is exempt from section 3301(1), (6), and (7) of this title when engaged in the Aleutian trade if the vessel— (A) is not more than 500 gross tons as measured under section 14502 of this title, or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title; (B) has an incline test performed by a marine sur...

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  • § 3306 Regulations Amends

    46 U.S.C. § 3306 — at 3306(i)

    The law today

    (a) To carry out this part and to secure the safety of individuals and property on board vessels subject to inspection, including covered small passenger vessels (as defined in subsection (n)(5)), the Secretary shall prescribe necessary regulations to ensure the proper execution of, and to carry out, this part in the most effective manner for— (1) the design, construction, alteration, repair, and operation of those vessels, including superstructures, hulls, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, boilers, unfired pressure vessels, piping, electric installations, and accommodations for passengers and crew, sailing school instructors, and sailing school students; (2) lifesaving equipment and its use; (3) firefighting equipment, its use, and precautionary measures to guard against fire; (4) inspections and tests related to paragraphs (1), (2), and (3) of this subsection; and (5) the use of vessel stores and other supplies of a dangerous nature, including rechargeable devices utilized for personal or commercial electronic equipment. (b) (1) Equipment and material subject to regulation under this section may not be used on any vessel without prior approval of the Secretary. (2) Except with respect to use on a public vessel, the Secretary may treat an approval of equipment or materials by a foreign government as approval by the Secretary for purposes of paragraph (1) if the Secretary determines that— (A) the design standards and testing procedures used by that government meet the requirements of the International Convention for the Safety of Life at Sea, 1974; (B) the approval of the equipment or material by the foreign government will secure the safety of individuals and property on board vessels subject to inspection; and (C) for lifesaving equipment, the foreign government— (i) has given equivalent treatment to approvals of lifesaving equipment by the Secretary; and (ii) otherwise ensures that lifesaving equipment approved by the Secretary may be used on vessels that are documented and subject to inspection under the laws of that country. (c) In prescribing regulations for sailing school vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of vessels likely to be certificated as sailing school vessels. The regulations shall— (1) reflect the specialized nature of sailing school vessel operations, and the character, design, and construction of vessels operating as sailing school vessels; and (2) include requirements for notice to sailing school instructors and sailing school students about the specialized nature of sailing school vessels and applicable safety regulations. (d) In prescribing regulations for nautical school vessels operated by the United States Merchant Marine Academy or by a State maritime academy (as defined in section 51102 of this title), the Secretary shall consider the function, purpose, and operation of the vessels, their routes, and the number of individuals who may be carried on the vessels. (e) When the Secretary finds it in the public interest, the Secretary may suspend or grant exemptions from the requirements of a regulation prescribed under this section related to lifesaving and firefighting equipment, muster lists, ground tackle and hawsers, and bilge systems. (f) In prescribing regulations for offshore supply vessels, the Secretary shall consider the characteristics, methods of operation, and the nature of the service of offshore supply vessels. (g) In prescribing regulations for fish processing or fish tender vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of these vessels. The regulations shall reflect the specialized nature and economics of fish processing or fish tender vessel operations and the character, design, and construction of fish processing or fish tender vessels. (h) The Secretary shall establish appropriate structural fir...

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Carriage of passengers · 46 U.S.C. ch. 35 2 sections
  • § 3507 Passenger vessel security and safety requirements Amends

    46 U.S.C. § 3507

    The law today

    (a) Vessel Design, Equipment, Construction, and Retrofitting Requirements.— (1) In general.— Each vessel to which this subsection applies shall comply with the following design and construction standards: (A) The vessel shall be equipped with ship rails that are located not less than 42 inches above the cabin deck. (B) Each passenger stateroom and crew cabin shall be equipped with entry doors that include peep holes or other means of visual identification. (C) For any vessel the keel of which is laid after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, each passenger stateroom and crew cabin shall be equipped with— (i) security latches; and (ii) time-sensitive key technology. (D) The vessel shall integrate technology that can be used for capturing images of passengers or detecting passengers who have fallen overboard, to the extent that such technology is available. (E) The vessel shall be equipped with a sufficient number of operable acoustic hailing or other such warning devices to provide communication capability around the entire vessel when operating in high risk areas (as defined by the United States Coast Guard). (2) Fire safety codes.— In administering the requirements of paragraph (1)(C), the Secretary shall take into consideration fire safety and other applicable emergency requirements established by the U.S. Coast Guard and under international law, as appropriate. (b) Video Recording.— (1) Requirement to maintain surveillance.— (A) In general.— The owner of a vessel to which this section applies shall maintain a video surveillance system to assist in documenting crimes on the vessel and in providing evidence for the prosecution of such crimes. (B) Placement of video surveillance equipment.— (i) In general.— Not later than 18 months after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, the Commandant in consultation with other relevant Federal agencies or entities as determined by the Commandant, shall establish guidance for performance of the risk assessment described in paragraph (2) regarding the appropriate placement of video surveillance equipment in passenger and crew common areas where there is no reasonable expectation of privacy. (ii) Risk assessment.— Not later than 1 year after the Commandant establishes the guidance described in paragraph (1), the owner shall conduct the risk assessment required under paragraph (1) and shall— (I) evaluate the placement of video surveillance equipment to deter, prevent, and record a sexual assault aboard the vessel considering factors such as: ship layout and design, itinerary, crew complement, number of passengers, passenger demographics, and historical data on the type and location of prior sexual assault incident allegations; (II) incorporate to the maximum extent practicable the video surveillance guidance established by the Commandant regarding the appropriate placement of video surveillance equipment; (III) arrange for the risk assessment to be conducted by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent and record criminal behavior; and (IV) the independent third party referred to in paragraph (C) shall be a company that has been accepted by a classification society that is a member of the International Association of Classification Societies (hereinafter referred to as “IACS”) or another classification society recognized by the Secretary as meeting acceptable standards for such a society pursuant to section 3316(b). (C) Surveillance plan.— Not later than 180 days after completion of the risk assessment conducted under subparagraph (B)(ii), the owner of a vessel shall develop a plan to install video surveillance equipment in places determined to be appropriate in accordance with the results of the risk assessment conducted under subparagraph (B)(ii), except in areas where a person has a reasonable expectation of privacy. Such plan sh...

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  • § 3508 Crime scene preservation training for passenger vessel crewmembers Amends

    46 U.S.C. § 3508

    The law today

    (a) In General.— The Secretary, in consultation with the Director of the Federal Bureau of Investigation and the Maritime Administration, shall maintain training standards and curricula to allow for the certification of passenger vessel security personnel, crewmembers, and law enforcement officials on the appropriate methods for prevention, detection, evidence preservation, and reporting of criminal activities in the international maritime environment. The Administrator of the Maritime Administration may certify organizations in the United States and abroad that offer the curriculum for training and certification under subsection (c). (b) Minimum Standards.— The standards established by the Secretary under subsection (a) shall include— (1) the training and certification of vessel security personnel, crewmembers, and law enforcement officials in accordance with accepted law enforcement and security guidelines, policies, and procedures, including recommendations for incorporating a background check process for personnel trained and certified in foreign ports; (2) the training of students and instructors in all aspects of prevention, detection, evidence preservation, and reporting of criminal activities in the international maritime environment; and (3) the provision or recognition of off-site training and certification courses in the United States and foreign countries to develop and provide the required training and certification described in subsection (a) and to enhance security awareness and security practices related to the preservation of evidence in response to crimes on board passenger vessels. (c) Certification Requirement.— No vessel to which this section applies may enter a United States port on a voyage (or voyage segment) on which a United States citizen is a passenger unless there is at least 1 crewmember onboard who is certified as having successfully completed training in the prevention, detection, evidence preservation, and reporting of criminal activities in the international maritime environment on passenger vessels under subsection (a). (d) Civil Penalty.— Any person that violates this section or a regulation under this section shall be liable for a civil penalty of not more than $50,000. (e) Denial of Entry.— The Secretary may deny entry into the United States to a vessel to which this section applies if the owner of the vessel— (1) commits an act or omission for which a penalty may be imposed under subsection (d); or (2) fails to pay a penalty imposed on the owner under subsection (d).

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Carriage of liquid bulk dangerous cargoes · 46 U.S.C. ch. 37 4 sections
  • § 3701 Definitions Amends

    46 U.S.C. § 3701

    The law today

    In this chapter— (1) “existing”, when referring to a type of vessel to which this chapter applies, means a vessel that is not a new vessel. (2) “new”, when referring to a type of vessel to which this chapter applies, means a vessel— (A) for which the building contract is placed after June 1, 1979; (B) in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, after January 1, 1980; (C) the delivery of which is after June 1, 1982; or (D) that has undergone a major conversion under a contract made after June 1, 1979, or construction work that began after January 1, 1980, or was completed after June 1, 1982. (3) “person” means an individual (even if not a citizen or national of the United States), a corporation, partnership, association, or other entity (even if not organized or existing under the laws of a State), the United States Government, a State or local government, a government of a foreign country, or an entity of one of those governments.

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  • § 3703a Tank vessel construction standards Amends

    46 U.S.C. § 3703a

    The law today

    (a) Except as otherwise provided in this section, a vessel to which this chapter applies shall be equipped with a double hull— (1) if it is constructed or adapted to carry, or carries, oil in bulk as cargo or cargo residue; and (2) when operating on the waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone. (b) This section does not apply to— (1) a vessel used only to respond to a discharge of oil or a hazardous substance; (2) a vessel of less than 5,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title equipped with a double containment system determined by the Secretary to be as effective as a double hull for the prevention of a discharge of oil; (3) a vessel documented under chapter 121 of this title that was equipped with a double hull before August 12, 1992; (4) a barge of less than 1,500 gross tons (as measured under chapter 145 of this title) carrying refined petroleum product in bulk as cargo in or adjacent to waters of the Bering Sea, Chukchi Sea, and Arctic Ocean and waters tributary thereto and in the waters of the Aleutian Islands and the Alaskan Peninsula west of 155 degrees west longitude; or (5) a vessel in the National Defense Reserve Fleet pursuant to section 57100. (c) (1) In this subsection, the age of a vessel is determined from the later of the date on which the vessel— (A) is delivered after original construction; (B) is delivered after completion of a major conversion; or (C) had its appraised salvage value determined by the Coast Guard and is qualified for documentation as a wrecked vessel under section 12112 of this title. (2) A vessel of less than 5,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title for which a building contract or contract for major conversion was placed before June 30, 1990, and that was delivered under that contract before January 1, 1994, and a vessel of less than 5,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title that had its appraised salvage value determined by the Coast Guard before June 30, 1990, and that qualified for documentation as a wrecked vessel under section 12112 of this title before January 1, 1994, may not operate in the navigable waters or the Exclusive Economic Zone of the United States unless the vessel is equipped with a double hull or with a double containment system determined by the Secretary to be as effective as a double hull for the prevention of a discharge of oil. (3) A vessel for which a building contract or contract for major conversion was placed before June 30, 1990, and that was delivered under that contract before January 1, 1994, and a vessel that had its appraised salvage value determined by the Coast Guard before June 30, 1990, and that qualified for documentation as a wrecked vessel under section 12112 of this title before January 1, 1994, may not operate in the navigable waters or Exclusive Economic Zone of the United States unless equipped with a double hull— (A) in the case of a vessel of at least 5,000 gross tons but less than 15,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; (B) in the case of a vessel of at least 15,000 gross tons but less than 30,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 25 years old or older and ha...

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  • § 3705 Crude oil tanker minimum standards Amends

    46 U.S.C. § 3705

    The law today

    (a) A new crude oil tanker of at least 20,000 deadweight tons shall be equipped with— (1) protectively located segregated ballast tanks; (2) a crude oil washing system; and (3) a cargo tank protection system consisting of a fixed deck froth system and a fixed inert gas system. (b) An existing crude oil tanker of at least 40,000 deadweight tons shall be equipped with— (1) segregated ballast tanks; or (2) a crude oil washing system. (c) An existing crude oil tanker of at least 20,000 deadweight tons but less than 40,000 deadweight tons, and at least 15 years of age, shall be equipped with segregated ballast tanks or a crude oil washing system. (d) An existing crude oil tanker of at least 20,000 deadweight tons shall be equipped with an inert gas system. However, for a crude oil tanker of less than 40,000 deadweight tons not fitted with high capacity tank washing machines, the Secretary may grant an exemption if the vessel’s owner can show clearly that compliance would be unreasonable and impracticable due to the vessel’s design characteristics. (e) A crude oil tanker engaged in transferring oil from an offshore oil exploitation or production facility on the Outer Continental Shelf of the United States shall be equipped with segregated ballast tanks, or may operate with dedicated clean ballast tanks or special ballast arrangements. However, the tanker shall comply with other applicable minimum standards of this section.

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  • § 3706 Product carrier minimum standards Amends

    46 U.S.C. § 3706 — at 3706(d)

    The law today

    (a) A new product carrier of at least 30,000 deadweight tons shall be equipped with protectively located segregated ballast tanks. (b) A new product carrier of at least 20,000 deadweight tons shall be equipped with a cargo tank protection system consisting of a fixed deck froth system and a fixed inert gas system or, if the product carrier carries dedicated products incompatible with the cargo tank protection system, an alternate protection system authorized by the Secretary. (c) An existing product carrier of at least 40,000 deadweight tons shall be equipped with segregated ballast tanks or may operate with dedicated clean ballast tanks. (d) An existing product carrier of at least 20,000 deadweight tons but less than 40,000 deadweight tons, and at least 15 years of age, shall be equipped with segregated ballast tanks or may operate with dedicated clean ballast tanks. (e) An existing product carrier of at least 40,000 deadweight tons, or an existing product carrier of at least 20,000 deadweight tons but less than 40,000 deadweight tons that is fitted with high-capacity tank washing machines, shall be equipped with an inert gas system.

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Uninspected vessels generally · 46 U.S.C. ch. 41 1 section
  • § 4105 Uninspected passenger vessels Amends

    46 U.S.C. § 4105

    The law today

    (a) Chapter 43 of this title applies to an uninspected passenger vessel. (b) (1) In applying this title with respect to an uninspected vessel of less than 24 meters overall in length that carries passengers to or from a port in the United States Virgin Islands, the Secretary shall substitute “12 passengers” for “6 passengers” each place it appears in section 2101 if the Secretary determines that the vessel complies with, as applicable to the vessel— (A) the Code of Practice for the Safety of Small Commercial Motor Vessels (commonly referred to as the “Yellow Code”), as published by the U.K. Maritime and Coastguard Agency and in effect on January 1, 2014; or (B) the Code of Practice for the Safety of Small Commercial Sailing Vessels (commonly referred to as the “Blue Code”), as published by such agency and in effect on such date. (2) If the Secretary establishes standards to carry out this subsection— (A) such standards shall be identical to those established in the Codes of Practice referred to in paragraph (1); and (B) on any dates before the date on which such standards are in effect, the Codes of Practice referred to in paragraph (1) shall apply with respect to the vessels referred to in paragraph (1). (c) In applying this title with respect to an uninspected vessel of less than 25 feet overall in length that carries passengers on Crane Lake or waters contiguous to such lake in St. Louis County, Minnesota, the Secretary shall substitute “12 passengers” for “6 passengers” each place it appears in section 2101. (d) The Secretary shall, by regulation, require certain additional equipment which may include liferafts or other lifesaving equipment, construction standards, or specify additional operating standards for those uninspected passenger vessels defined in section 2101(55)(A) of this title.

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Reporting marine casualties · 46 U.S.C. ch. 61 1 section
  • § 6101 Marine casualties and reporting Amends

    46 U.S.C. § 6101 — at 6101(i)(4) and 6101(j)

    The law today

    (a) The Secretary shall prescribe regulations on the marine casualties to be reported and the manner of reporting. The regulations shall require reporting the following marine casualties: (1) death of an individual. (2) serious injury to an individual. (3) material loss of property. (4) material damage affecting the seaworthiness or efficiency of the vessel. (5) significant harm to the environment. (b) A marine casualty shall be reported within 5 days as provided in this part and regulations prescribed under this part. Each report filed under this section shall include information as to whether the use of alcohol contributed to the casualty. (c) Notice to State and Tribal Governments.— Not later than 24 hours after receiving a notice of a major marine casualty under this section, the Secretary shall notify each State or federally recognized Indian tribe that is, or may reasonably be expected to be, affected by such marine casualty. (d) (1) This part applies to a foreign vessel when involved in a marine casualty on the navigable waters of the United States. (2) This part applies, to the extent consistent with generally recognized principles of international law, to a foreign vessel constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue involved in a marine casualty described under subsection (a)(4) or (5) in waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone. (e) A marine casualty not resulting in the death of an individual shall be classified according to the gravity of the casualty, as prescribed by regulation, giving consideration to the extent of injuries to individuals, the extent of property damage, the dangers that the casualty creates, and the size, occupation, and means of propulsion of each vessel involved. (f) (1) This chapter applies to a marine casualty involving a United States citizen on a foreign passenger vessel operating south of 75 degrees north latitude, west of 35 degrees west longitude, and east of the International Date Line; or operating in the area south of 60 degrees south latitude that— (A) embarks or disembarks passengers in the United States; or (B) transports passengers traveling under any form of air and sea ticket package marketed in the United States. (2) When there is a marine casualty described in paragraph (1) of this subsection and an investigation is conducted, the Secretary shall ensure that the investigation— (A) is thorough and timely; and (B) produces findings and recommendations to improve safety on passenger vessels. (3) When there is a marine casualty described in paragraph (1) of this subsection, the Secretary may— (A) seek a multinational investigation of the casualty under auspices of the International Maritime Organization; or (B) conduct an investigation of the casualty under chapter 63 of this title. (g) To the extent consistent with generally recognized practices and procedures of international law, this part applies to a foreign vessel involved in a marine casualty or incident, as defined in the International Maritime Organization Code for the Investigation of Marine Casualties and Incidents, where the United States is a Substantially Interested State and is, or has the consent of, the Lead Investigating State under the Code. (h) The Secretary shall publish all major marine casualty reports prepared in accordance with this section in an electronic form, and shall provide information electronically regarding how other marine casualty reports can be obtained. (i) For purposes of this section, the term “major marine casualty” means a casualty involving a vessel, other than a public vessel, that results in— (1) the loss of 6 or more lives; (2) the loss of a mechanically propelled vessel of 100 or more gross tons; (3) property damage initially estimated at $2,000,000 or more; or (4) serious threat, as determined by the Commandant with concurrence by the Chairman of the National Transportation Safety Bo...

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General procedures for licensing, certification, and documentation · 46 U.S.C. ch. 75 3 sections
  • § 7503 Dangerous drugs as grounds for denial Amends

    46 U.S.C. § 7503

    The law today

    A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part may be denied to an individual who— (1) within 10 years before applying for the license, certificate, or document, has been convicted of violating a dangerous drug law of the United States or of a State; or (2) when applying, has ever been a user of, or addicted to, a dangerous drug unless the individual provides satisfactory proof that the individual is cured.

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  • § 7505 Review of information in National Driver Register Amends

    46 U.S.C. § 7505

    The law today

    The Secretary shall make information received from the National Driver Register under section 30305(b)(7) of title 49 available to an individual for review and written comment before denying, suspending, revoking, or taking any other action relating to a license, certificate of registry, or merchant mariner’s document authorized to be issued for that individual under this part, based on that information.

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  • § 7510 Examinations for merchant mariner credentials Amends

    46 U.S.C. § 7510 — at 7510(c)(1)

    The law today

    (a) Disclosure Not Required.— Notwithstanding any other provision of law, the Secretary is not required to disclose to the public— (1) a question from any examination for a merchant mariner credential; (2) the answer to such a question, including any correct or incorrect answer that may be presented with such question; and (3) any quality or characteristic of such a question, including— (A) the manner in which such question has been, is, or may be selected for an examination; (B) the frequency of such selection; and (C) the frequency that an examinee correctly or incorrectly answered such question. (b) Exception for Certain Questions.— Notwithstanding subsection (a), the Secretary may, for the purpose of preparation by the general public for examinations required for merchant mariner credentials, release an examination question and answer that the Secretary has retired or is not presently on or part of an examination, or that the Secretary determines is appropriate for release. (c) Working group.— (1) In general.— Not later than 180 days after the date of the enactment of the Coast Guard Authorization Act of 2025, and once every two years thereafter, the Commandant shall commission a working group to review questions, content, and relevancy of examinations required for merchant mariner credentials, composed of— (A) 1 subject matter expert from the Coast Guard; (B) representatives from training facilities and the maritime industry, of whom— (i) one-half shall be representatives from approved training facilities; and (ii) one-half shall be representatives from the appropriate maritime industry; (C) at least 1 representative from the National Merchant Marine Personnel Advisory Committee; (D) at least 2 representatives from the State maritime academies, of whom one shall be a representative from the deck training track and one shall be a representative of the engineer license track; (E) at least 2 individuals that have taken and passed the examination in the 5 years before the commissioning of the working group; (F) at least 1 representative from the United States Merchant Marine Academy; (G) representatives from other Coast Guard Federal advisory committees, as appropriate, for the industry segment associated with the subject examinations; (H) at least 1 subject matter expert from the Maritime Administration; and (I) at least 1 human performance technology representative. (2) Inclusion of persons knowledgeable about examination type.— The working group shall include representatives knowledgeable about the examination type under review. (3) Meeting of working group.— (A) In general.— The Commandant shall convene the working group annually or at the creation of new examination questions, whichever occurs sooner. (B) Remote participation.— The Commandant shall allow any member of the working group to participate remotely if the member of the working group does not have the means to participate in person. (4) Use of questions.— The Commandant may not use questions developed for use in the Merchant Mariner Credentialing Examination until such questions are reviewed and approved by the working group. (5) Review.— (A) In general.— Not later than 270 days after the date of the enactment of the Coast Guard Authorization Act of 2025, the Commandant shall convene the working group to complete a baseline review of the Coast Guard’s Merchant Mariner Credentialing Examination, including review of— (i) industry standards, practices, and technology to be considered in the Merchant Mariner Credentialing Examination; (ii) the accuracy of examination questions; (iii) the accuracy and availability of examination references; (iv) the length of merchant mariner examinations; (v) the relevancy of examination topics and contents; (vi) any redundancy of core competencies between the Merchant Mariner Credentialing Examination and Standards of Training, Certification, and Watchingkeeping competencies; and (vii) the use of standard technologies in admini...

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Suspension and revocation · 46 U.S.C. ch. 77 3 sections
  • § 7702 Administrative procedure Amends

    46 U.S.C. § 7702 — at 7702(c)(1)

    The law today

    (a) Sections 551–559 of title 5 apply to each hearing under this chapter about suspending or revoking a license, certificate of registry, or merchant mariner’s document. (b) The individual whose license, certificate of registry, or merchant mariner’s document has been suspended or revoked under this chapter may appeal, within 30 days, the suspension or revocation to the Secretary. (c) (1) The Secretary shall request a holder of a license, certificate of registry, or merchant mariner’s document to make available to the Secretary, under section 30305(b)(7) of title 49, all information contained in the National Driver Register related to an offense described in section 205(a)(3)(A) or (B) of that Act 1 committed by the individual. (2) The Secretary shall require the testing of the holder of a license, certificate of registry, or merchant mariner’s document for use of alcohol and dangerous drugs in violation of law or Federal regulation. The testing may include preemployment (with respect to dangerous drugs only), periodic, random, and reasonable cause testing, and shall include post-accident testing. (d) (1) The Secretary may temporarily, for not more than 45 days, suspend and take possession of the license, certificate of registry, or merchant mariner’s document held by ‘an 2 individual— (A) if— (i) that individual performs a safety sensitive function on a vessel, as determined by the Secretary; and (ii) there is probable cause to believe that the individual— (I) has, while acting under the authority of that license, certificate, or document, performed the safety sensitive function in violation of law or Federal regulation regarding use of alcohol or a dangerous drug; (II) has been convicted of an offense that would prevent the issuance or renewal of the license, certificate, or document; (III) within the 3-year period preceding the initiation of a suspension proceeding, has been convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49; or (IV) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment; or (B) if there is probable cause to believe that the individual has violated company policy and is a security risk that poses a threat to other individuals on the vessel. (2) If a license, certificate, or document is temporarily suspended under this section, an expedited hearing under subsection (a) of this section shall be held within 30 days after the temporary suspension.

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  • § 7704 Dangerous drugs as grounds for revocation Amends

    46 U.S.C. § 7704

    The law today

    (a) If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 10 years before the beginning of the proceedings, has been convicted of violating a dangerous drug law of the United States or of a State, the license, certificate, or document shall be suspended or revoked. (b) If it is shown that a holder has been a user of, or addicted to, a dangerous drug, the license, certificate of registry, or merchant mariner’s document shall be revoked unless the holder provides satisfactory proof that the holder is cured.

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  • § 7706 Drug testing reporting Amends

    46 U.S.C. § 7706 — at 7706(a)

    The law today

    (a) Release of Drug Test Results to Coast Guard.— Not later than 2 weeks after receiving from a Medical Review Officer a report of a verified positive drug test or verified test violation by a civilian employee of a Federal agency, an applicant for employment by a Federal agency, an officer in the Public Health Services, or an officer in the National Oceanic and Atmospheric Administration Commissioned Officer Corps, who is employed in any capacity on board a vessel operated by the agency, the head of the agency shall release to the Commandant the report. (b) Standards, Procedures, and Regulations.— The head of a Federal agency shall carry out a release under subsection (a) in accordance with the standards, procedures, and regulations applicable to the disclosure and reporting to the Coast Guard of drug tests results and drug test records of individuals employed on vessels documented under the laws of the United States. (c) Waiver.— Notwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note), the report of a drug test of an employee or an applicant for employment by a Federal agency may be released under this section without the prior written consent of the employee or the applicant.

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General · 46 U.S.C. ch. 81 2 sections
  • § 8106 Riding gangs Amends

    46 U.S.C. § 8106 — at 8106(f)

    The law today

    (a) In General.— The owner or managing operator of a freight vessel of the United States on voyages covered by the International Convention for Safety of Life at Sea, 1974 (32 UST 47m) shall— (1) ensure that— (A) subject to subsection (d), each riding gang member on the vessel— (i) is a United States citizen or an alien lawfully admitted to the United States for permanent residence; or (ii) possesses a United States nonimmigrant visa for individuals desiring to enter the United States temporarily for business, employment-related and personal identifying information, and any other documentation required by the Secretary; (B) all required documentation for such member is kept on the vessel and available for inspection by the Secretary; and (C) each riding gang member is identified on the vessel’s crew list; (2) ensure that— (A) the owner or managing operator attests in a certificate that the background of each riding gang member has been examined and found to be free of any credible information indicating a material risk to the security of the vessel, the vessel’s cargo, the ports the vessel visits, or other individuals onboard the vessel; (B) the background check consisted of a search of all information reasonably available to the owner or managing operator in the riding gang member’s country of citizenship and any other country in which the riding gang member works, receives employment referrals, or resides; (C) the certificate required under subparagraph (A) is kept on the vessel and available for inspection by the Secretary; and (D) the information derived from any such background check is made available to the Secretary upon request; (3) ensure that each riding gang member, while on board the vessel, is subject to the same random chemical testing and reporting regimes as crew members; (4) ensure that each such riding gang member receives basic safety familiarization and basic safety training approved by the Coast Guard as satisfying the requirements for such training under the International Convention of Training, Certification, and Watchkeeping for Seafarers, 1978; (5) prevent from boarding the vessel, or cause the removal from the vessel at the first available port, and disqualify from future service on board any other vessel owned or operated by that owner or operator, any riding gang member— (A) who has been convicted in any jurisdiction of an offense described in paragraph (2) or (3) of section 7703; (B) whose license, certificate of registry, or merchant mariner’s document has been suspended or revoked under section 7704; or (C) who otherwise constitutes a threat to the safety of the vessel; (6) ensure and certify to the Secretary that the sum of— (A) the number of riding gang members on board a freight vessel, and (B) the number of individuals in addition to crew permitted under section 3304, does not exceed 12; (7) ensure that every riding gang member is employed on board the vessel under conditions that meet or exceed the minimum international standards of all applicable international labor conventions to which the United States is a party, including all of the merchant seamen protection and relief provided under United States law; and (8) ensure that each riding gang member— (A) is supervised by an individual who holds a license issued under chapter 71; and (B) only performs work in conjunction with individuals who hold merchant mariners documents issued under chapter 73 and who are part of the vessel’s crew. (b) Permitted Work.— Subject to subsection (f), a riding gang member on board a vessel to which subsection (a) applies who is neither a United States citizen nor an alien lawfully admitted to the United States for permanent residence may not perform any work on board the vessel other than— (1) work in preparation of a vessel entering a shipyard located outside of the United States; (2) completion of the residual repairs after departing a shipyard located outside of the United States; or (3) technical in-vo...

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  • § 8108 Repealed. Pub. L. 115–282, title VI, § 601(c)(3)(A), Dec. 4, 2018, 132 Stat. 4289] Amends

    46 U.S.C. § 8108 — at 8108(a)(1)

    This section is repealed in the current Code.

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Unlicensed personnel · 46 U.S.C. ch. 87 1 section
  • § 8703 Tankermen on tank vessels Amends

    46 U.S.C. § 8703

    The law today

    (a) A vessel of the United States to which chapter 37 of this title applies, that has on board oil or hazardous material in bulk as cargo or cargo residue, shall have a specified number of the crew certified as tankermen as required by the Secretary. This requirement shall be noted on the certificate of inspection issued to the vessel. (b) A vessel to which section 3702(b) of this title applies shall have on board as a crewmember in charge of the transfer operation an individual certified as a tankerman (qualified for the grade of fuel transferred), unless a master, mate, pilot, engineer, or operator licensed under section 7101 of this title is present in charge of the transfer. If the vessel does not have that individual on board, chapter 37 of this title applies to the vessel.

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Protection and relief · 46 U.S.C. ch. 111 1 section
  • § 11113 Treatment of abandoned seafarers Amends

    46 U.S.C. § 11113

    The law today

    (a) Abandoned Seafarers Fund.— (1) Establishment.— There is established in the Treasury a separate account to be known as the Abandoned Seafarers Fund. (2) Authorized uses.— Amounts in the Fund may be appropriated to the Secretary for use— (A) to pay necessary support of a seafarer— (i) who— (I) was paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), or for whom the Secretary has requested parole under such section; and (II) is involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of law by the Coast Guard; or (ii) who— (I) is physically present in the United States; (II) the Secretary determines was abandoned in the United States; and (III) has not applied for asylum under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); and (B) to reimburse a vessel owner or operator for the costs of necessary support of a seafarer who has been paroled into the United States to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of law by the Coast Guard, if— (i) the vessel owner or operator is not convicted of a criminal offense related to such matter; or (ii) the Secretary determines that reimbursement is appropriate. (3) Crediting of amounts to fund.— (A) In general.— Except as provided in subparagraph (B), there shall be credited to the Fund the following: (i) Penalties deposited in the Fund under section 9 of the Act to Prevent Pollution from Ships (33 U.S.C. 1908). (ii) Amounts reimbursed or recovered under subsection (c). (B) Limitation.— Amounts may be credited to the Fund under subparagraph (A) only if the unobligated balance of the Fund is less than $5,000,000. (4) Report required.— Except as provided in paragraph (5), on the date on which the President submits each budget for a fiscal year pursuant to section 1105 of title 31, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes— (A) the amounts credited to the Fund under paragraph (3) for the preceding fiscal year; and (B) amounts in the Fund that were expended for the preceding fiscal year. (5) No report required.— A report under paragraph (4) shall not be required if there were no expenditures from the Fund in the preceding fiscal year. The Commandant shall notify Congress in the event a report is not required under paragraph (4) by reason of this paragraph. (b) Limitation.— Nothing in this section shall be construed— (1) to create a private right of action or any other right, benefit, or entitlement to necessary support for any person; or (2) to compel the Secretary to pay or reimburse the cost of necessary support. (c) Reimbursement; Recovery.— (1) In general.— A vessel owner or operator shall reimburse the Fund an amount equal to the total amount paid from the Fund for necessary support of a seafarer, if— (A) the vessel owner or operator— (i) during the course of an investigation, reporting, documentation, or adjudication of any matter that the Coast Guard referred to a United States attorney or the Attorney General, fails to provide necessary support of a seafarer who was paroled into the United States to facilitate the investigation, reporting, documentation, or adjudication; and (ii) subsequently is— (I) convicted of a criminal offense related to such matter; or (II) required to reimburse the Fund pursuant to a court order or negotiated settlement related to such matter; or (B) the vessel owner or operator abandons a seafarer in the United States, as determined by the Secretary based on substantial evidence. (2) Enforcement.— If a vessel owner or operator fails to reimburse the Fund under paragraph (1) within 60 days after receiving a written, itemized description of reim...

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Documentation of vessels · 46 U.S.C. ch. 121 2 sections
  • § 12113 Fishery endorsement Amends

    46 U.S.C. § 12113 — at 12113(d)(2)(C)(iii)

    The law today

    (a) Requirements.— A fishery endorsement may be issued for a vessel that— (1) satisfies the requirements of section 12103 of this title and, if owned by an entity, the entity satisfies the ownership requirements in subsection (c); (2) was built in the United States; (3) if rebuilt, was rebuilt in the United States; (4) was not forfeited to the United States Government after July 1, 2001, for a breach of the laws of the United States; and (5) otherwise qualifies under the laws of the United States to engage in the fisheries. (b) Authorized Activity.— (1) In general.— Subject to the laws of the United States regulating the fisheries, a vessel for which a fishery endorsement is issued may engage in the fisheries. (2) Use by prohibited persons.— A fishery endorsement is invalid immediately if the vessel for which it is issued is used as a fishing vessel while it is chartered or leased to an individual who is not a citizen of the United States or to an entity that is not eligible to own a vessel with a fishery endorsement. (c) Ownership Requirements for Entities.— (1) In general.— A vessel owned by an entity is eligible for a fishery endorsement only if at least 75 percent of the interest in the entity, at each tier of ownership and in the aggregate, is owned and controlled by citizens of the United States. (2) Determining 75 percent interest.— In determining whether at least 75 percent of the interest in the entity is owned and controlled by citizens of the United States under paragraph (1), the Secretary shall apply section 50501(d) of this title, except that for this purpose the terms “control” or “controlled”— (A) include the right to— (i) direct the business of the entity; (ii) limit the actions of or replace the chief executive officer, a majority of the board of directors, any general partner, or any person serving in a management capacity of the entity; or (iii) direct the transfer, operation, or manning of a vessel with a fishery endorsement; but (B) do not include the right to simply participate in the activities under subparagraph (A), or the exercise of rights under loan or mortgage covenants by a mortgagee eligible to be a preferred mortgagee under section 31322(a) of this title, except that a mortgagee not eligible to own a vessel with a fishery endorsement may only operate such a vessel to the extent necessary for the immediate safety of the vessel or for repairs, drydocking, or berthing changes. (3) Exceptions.— This subsection does not apply to a vessel when it is engaged in the fisheries in the exclusive economic zone under the authority of the Western Pacific Fishery Management Council established under section 302(a)(1)(H) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)(H)) or to a purse seine vessel when it is engaged in tuna fishing in the Pacific Ocean outside the exclusive economic zone or pursuant to the South Pacific Regional Fisheries Treaty, provided that the owner of the vessel continues to comply with the eligibility requirements for a fishery endorsement under the Federal law that was in effect on October 1, 1998. A fishery endorsement issued pursuant to this paragraph is valid for engaging only in the activities described in this paragraph. (d) Requirements Based on Length, Tonnage, or Horsepower.— (1) Application.— This subsection applies to a vessel that— (A) is greater than 165 feet in registered length; (B) is more than 750 gross registered tons as measured under chapter 145 of this title or 1,900 gross registered tons as measured under chapter 143 of this title; or (C) has an engine or engines capable of producing a total of more than 3,000 shaft horsepower. (2) Requirements.— A vessel subject to this subsection is not eligible for a fishery endorsement unless— (A) (i) a certificate of documentation was issued for the vessel and endorsed with a fishery endorsement that was effective on September 25, 1997; and (ii) the vessel is not placed under foreign re...

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  • § 12119 Owners engaged primarily in leasing or financing transactions Amends

    46 U.S.C. § 12119 — at 12119(a)(3)

    The law today

    (a) Definitions.— In this section: (1) Affiliate.— The term “affiliate” means, with respect to any person, any other person that is— (i) directly or indirectly controlled by, under common control with, or controlling that person; or (ii) named as being part of the same consolidated group in any report or other document submitted to the United States Securities and Exchange Commission or the Internal Revenue Service. (2) Cargo.— The term “cargo” does not include cargo to which title is held for non-commercial reasons and primarily for the purpose of evading the requirements of subsection (c)(3). (3) Oil.— The term “oil” has the meaning given that term in section 2101(28) of this title. (4) Passive investment.— The term “passive investment” means an investment in which neither the investor nor any affiliate of the investor is involved in, or has the power to be involved in, the formulation, determination, or direction of any activity or function concerning the management, use, or operation of the asset that is the subject of the investment. (5) Qualified proprietary cargo.— The term “qualified proprietary cargo” means— (A) oil, petroleum products, petrochemicals, or liquefied natural gas cargo that is beneficially owned by the person that submits to the Secretary an application or annual certification under subsection (c)(3), or by an affiliate of that person, immediately before, during, or immediately after the cargo is carried in coastwise trade on a vessel owned by that person; (B) oil, petroleum products, petrochemicals, or liquefied natural gas cargo not beneficially owned by the person that submits to the Secretary an application or an annual certification under subsection (c)(3), or by an affiliate of that person, but which is carried in coastwise trade by a vessel owned by that person and which is part of an arrangement in which vessels owned by that person and at least one other person are operated collectively as one fleet, to the extent that an equal amount of oil, petroleum products, petrochemicals, or liquefied natural gas cargo beneficially owned by that person, or by an affiliate of that person, is carried in coastwise trade on one or more other vessels, not owned by that person, or by an affiliate of that person, if the other vessel or vessels are also part of the same arrangement; (C) in the case of a towing vessel associated with a non-self-propelled tank vessel where both vessels function as a single self-propelled vessel, oil, petroleum products, petrochemicals, or liquefied natural gas cargo that is beneficially owned by the person that owns both the towing vessel and the non-self-propelled tank vessel, or any United States affiliate of that person, immediately before, during, or immediately after the cargo is carried in coastwise trade on either of those vessels; or (D) any oil, petroleum products, petrochemicals, or liquefied natural gas cargo carried on any vessel that is either a self-propelled tank vessel having a length of at least 210 meters or a tank vessel that is a liquefied natural gas carrier that— (i) was delivered by the builder of the vessel to the owner of the vessel after December 31, 1999; and (ii) was purchased by a person for the purpose, and with the reasonable expectation, of transporting on the vessel liquefied natural gas or unrefined petroleum beneficially owned by the owner of the vessel, or an affiliate of the owner, from Alaska to the continental United States. (6) United states affiliate.— The term “United States affiliate” means, with respect to any person, an affiliate the principal place of business of which is located in the United States. (b) Requirements.— A coastwise endorsement may be issued for a vessel if— (1) the vessel satisfies the requirements for a coastwise endorsement, except for the ownership requirement otherwise applicable without regard to this section; (2) the person that owns the vessel (or, if the vessel is owned by a trust or similar arrangement, the b...

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Recreational boating safety · 46 U.S.C. ch. 131 1 section
  • § 13107 Authorization of appropriations Amends

    46 U.S.C. § 13107 — at 13107(c)(2)

    The law today

    (a) Subject to subsection (c), the Secretary shall expend in each fiscal year for State recreational boating safety programs, under contracts with States under this chapter, an amount equal to the amount transferred to the Secretary under subsections (a)(2) and (f) of section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)(2) and (f)). The amount shall be allocated as provided under section 13104 of this title and shall be available for State recreational boating safety programs as provided under the guidelines established under subsection (b) of this section. Amounts authorized to be expended for State recreational boating safety programs shall remain available until expended and are deemed to have been expended only if an amount equal to the total amounts authorized to be expended under this section for the fiscal year in question and all prior fiscal years have been obligated. Amounts previously obligated but released by payment of a final voucher or modification of a program acceptance shall be credited to the balance of unobligated amounts and are immediately available for expenditure. (b) The Secretary shall establish guidelines prescribing the purposes for which amounts available under this chapter for State recreational boating safety programs may be used. Those purposes shall include— (1) providing facilities, equipment, and supplies for boating safety education and law enforcement, including purchase, operation, maintenance, and repair; (2) training personnel in skills related to boating safety and to the enforcement of boating safety laws and regulations; (3) providing public boating safety education, including educational programs and lectures, to the boating community and the public school system; (4) acquiring, constructing, or repairing public access sites used primarily by recreational boaters; (5) conducting boating safety inspections and marine casualty investigations; (6) establishing and maintaining emergency or search and rescue facilities, and providing emergency or search and rescue assistance; (7) establishing and maintaining waterway markers and other appropriate aids to navigation; and (8) providing State recreational vessel numbering and titling programs. (c) (1) (A) The Secretary may use amounts made available each fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the Coast Guard for investigations, personnel, and activities directly related to— (i) administering State recreational boating safety programs under this chapter; or (ii) coordinating or carrying out the national recreational boating safety program under this title. (B) Of the amounts used by the Secretary each fiscal year under subparagraph (A)— (i) not less than $2,100,000 is available to ensure compliance with chapter 43 of this title; and (ii) not more than $1,500,000 is available to conduct by grant or contract a survey of levels of recreational boating participation and related matters in the United States. (2) On or after October 1, 2024, no funds available to the Secretary under this subsection may be used to replace funding provided through general appropriations, nor for any purposes except those purposes authorized by this section. (3) Amounts made available by this subsection shall remain available during the 2 succeeding fiscal years. Any amount that is unexpended or unobligated at the end of the 3-year period during which it is available shall be withdrawn by the Secretary and allocated to the States in addition to any other amounts available for allocation in the fiscal year in which they are withdrawn or the following fiscal year. (4) The Secretary shall publish annually in the Federal Register a detailed accounting of the projects, programs, and activities funded under this subsection.

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Commercial instruments and maritime liens · 46 U.S.C. ch. 313 1 section
  • § 31322 Preferred mortgages Amends

    46 U.S.C. § 31322 — at 31322(a)(4)(B)

    The law today

    (a) A preferred mortgage is a mortgage, whenever made, that— (1) includes the whole of the vessel; (2) is filed in substantial compliance with section 31321 of this title; (3) (A) covers a documented vessel; or (B) covers a vessel for which an application for documentation is filed that is in substantial compliance with the requirements of chapter 121 of this title and the regulations prescribed under that chapter; and (4) with respect to a vessel with a fishery endorsement that is 100 feet or greater in registered length, has as the mortgagee— (A) a person eligible to own a vessel with a fishery endorsement under section 12113(c) of this title; (B) a State or federally chartered financial institution that is insured by the Federal Deposit Insurance Corporation; (C) a farm credit lender established under title 12, chapter 23 of the United States Code; (D) a commercial fishing and agriculture bank established pursuant to State law; (E) a commercial lender organized under the laws of the United States or of a State and eligible to own a vessel for purposes of documentation under section 12103 of this title; or (F) a mortgage trustee under subsection (f) of this section. (b) Any indebtedness secured by a preferred mortgage that is filed or recorded under this chapter, or that is subject to a mortgage, security agreement, or instruments granting a security interest that is deemed to be a preferred mortgage under subsection (d) of this section, may have any rate of interest to which the parties agree. (c) (1) If a preferred mortgage includes more than one vessel or property that is not a vessel, the mortgage may provide for the separate discharge of each vessel and all property not a vessel by the payment of a part of the mortgage indebtedness. (2) If a vessel covered by a preferred mortgage that includes more than one vessel or property that is not a vessel is to be sold on the order of a district court in a civil action in rem, and the mortgage does not provide for separate discharge as provided under paragraph (1) of this subsection— (A) the mortgage constitutes a lien on that vessel in the full amount of the outstanding mortgage indebtedness; and (B) an allocation of mortgage indebtedness for purposes of separate discharge may not be made among the vessel and other property covered by the mortgage. (d) (1) A mortgage, security agreement, or instrument granting a security interest perfected under State law covering the whole of a vessel titled in a State is deemed to be a preferred mortgage if— (A) the Secretary certifies that the State titling system complies with the Secretary’s guidelines for a titling system under section 13107(b)(8) of this title; and (B) information on the vessel covered by the mortgage, security agreement, or instrument is made available to the Secretary under chapter 125 of this title. (2) This subsection applies to mortgages, security agreements, or instruments covering vessels titled in a State after— (A) the Secretary’s certification under paragraph (1)(A) of this subsection; and (B) the State begins making information available to the Secretary under chapter 125 of this title. (3) A preferred mortgage under this subsection continues to be a preferred mortgage even if the vessel is no longer titled in the State where the mortgage, security agreement, or instrument granting a security interest became a preferred mortgage under this subsection. (e) If a vessel is already covered by a preferred mortgage when an application for titling or documentation is filed— (1) the status of the preferred mortgage covering the vessel to be titled in the State is determined by the law of the jurisdiction where the vessel is currently titled or documented; and (2) the status of the preferred mortgage covering the vessel to be documented under chapter 121 is determined by subsection (a) of this section. (f) (1) A mortgage trustee may hold in trust, for an individual or entity, an instrument or evidence of indebtednes...

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Miscellaneous · 46 U.S.C. ch. 521 1 section
  • § 52101 Reemployment rights for certain merchant seamen Amends

    46 U.S.C. § 52101 — at 52101(d)

    The law today

    (a) In General.— An individual who is certified by the Secretary of Transportation under subsection (c) shall be entitled to reemployment rights and other benefits substantially equivalent to the rights and benefits provided for by chapter 43 of title 38 for any member of a reserve component of the armed forces of the United States who is ordered to active duty. (b) Time for Application.— An individual may submit an application for certification under subsection (c) to the Secretary not later than 45 days after the date the individual completes a period of employment described in subsection (c)(1)(A) with respect to which the application is submitted. (c) Certification Determination.— Not later than 20 days after the date the Secretary receives from an individual an application for certification under this subsection, the Secretary shall— (1) determine whether the individual— (A) was employed in the activation or operation of a vessel— (i) in the National Defense Reserve Fleet maintained under section 57100 in a period in which the vessel was in use or being activated for use under subsection (b) of that section; (ii) requisitioned or purchased under chapter 563 of this title; or (iii) owned, chartered, or controlled by the United States Government and used by the Government for a war, armed conflict, national emergency, or maritime mobilization need (including for training purposes or testing for readiness and suitability for mission performance); and (B) during the period of that employment, possessed a valid license, certificate of registry, or merchant mariner’s document issued under chapter 71 or 73 of this title; and (2) if the Secretary makes affirmative determinations under subparagraphs (A) and (B) of paragraph (1), certify that individual under this subsection. (d) Equivalence to Military Selective Service Act Certificate.— For purposes of reemployment rights and benefits provided by this section, a certification under subsection (c) shall be considered to be the equivalent of a certificate described in section 9(a) of the Military Selective Service Act (50 U.S.C. 3808(a)).

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Maritime security fleet · 46 U.S.C. ch. 531 2 sections
  • § 53106 Payments Amends

    46 U.S.C. § 53106 — at 53106(a)(1)

    The law today

    (a) Annual Payment.— (1) In general.— The Secretary, subject to the availability of appropriations and the other provisions of this section, shall pay to the contractor for an operating agreement, for each vessel that is covered by the operating agreement, an amount equal to— (A) $5,000,000 for each of fiscal years 2018, 2019, and 2020; (B) $8,233,463 for fiscal year 2021; (C) $5,300,000 for each of fiscal years 2022, 2023,,1 and 2024; (D) $6,500,000 for each of fiscal years 2025 and 2026; (E) $6,675,500 for each of fiscal years 2027 and 2028; (F) $6,855,000 for each of fiscal years 2029and 2030; (G) $7,040,000 for each of fiscal years 2031 and 2032; (H) $7,230,000 for each of fiscal years 2033 and 2034; (I) $7,426,000 for each of fiscal years 2035 and 2036; (J) $7,626,000 for each of fiscal years 2037 and 2038; and (K) $7,832,000 for each of fiscal years 2039 and 2040. (2) Timing.— The amount shall be paid in equal monthly installments at the end of each month. The amount shall not be reduced except as provided by this section or section 51307(b). (b) Certification Required for Payment.— As a condition of receiving payment under this section for a fiscal year for a vessel, the contractor for the vessel shall certify, in accordance with regulations issued by the Secretary, that the vessel has been and will be operated in accordance with paragraph (1) and (2) of section 53105(a), as otherwise applicable with respect to such vessel, for at least 320 days in the fiscal year. Days during which the vessel is drydocked, surveyed, inspected, or repaired shall be considered days of operation for purposes of this subsection. (c) General Limitations.— The Secretary of Transportation shall not make any payment under this chapter for a vessel with respect to any days for which the vessel is— (1) under a charter to the United States Government, other than a charter pursuant to an Emergency Preparedness Agreement under section 53107; (2) not operated or maintained in accordance with an operating agreement under this chapter; or (3) more than— (A) 25 years of age, except as provided in subparagraph (B); or (B) 20 years of age, in the case of a tank vessel. (d) Reductions in Payments.— With respect to payments under this chapter for a vessel covered by an operating agreement, the Secretary— (1) except as provided in paragraph (2), shall not reduce any payment for the operation of the vessel to carry military or other preference cargoes under section 55302(a), 55304, 55305, or 55314 of this title, section 2631 of title 10, or any other cargo preference law of the United States; (2) shall not make any payment for any day that the vessel is engaged in transporting more than 7,500 tons of civilian bulk preference cargoes pursuant to section 55302(a), 55305, or 55314 of this title that is bulk cargo; and (3) shall make a pro rata reduction in payment for each day less than 320 in a fiscal year that the vessel is not operated in accordance with paragraph (1) and (2) of section 53105(a), as otherwise applicable with respect to such vessel, with days during which the vessel is drydocked or undergoing survey, inspection, or repair considered to be days on which the vessel is operated. (e) Limitation Regarding Noncontiguous Domestic Trade.— (1) In general.— No contractor shall receive payments pursuant to this chapter during a period in which it participates in noncontiguous domestic trade. (2) Limitation on application.— Paragraph (1) shall not apply to any person that is a citizen of the United States within the meaning of section 50501 of this title, applying the 75 percent ownership requirement of that section. (3) Participates in a noncontiguous domestic trade defined.— In this subsection the term “participates in a noncontiguous domestic trade” means directly or indirectly owns, charters, or operates a vessel engaged in transportation of cargo between a point in the contiguous 48 States and a point in Alaska, Hawaii, or Puerto Rico, other than...

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  • § 53111 Authorization of appropriations Amends

    46 U.S.C. § 53111

    The law today

    There are authorized to be appropriated for payments under section 53106, to remain available until expended— (1) $300,000,000 for each of fiscal years 2018, 2019, and 2020; (2) $494,008,000 for fiscal year 2021; (3) $318,000,000 for each of fiscal years 2022, 2023, and 2024; (4) $390,000,000 for each of fiscal years 2025 and 2026; (5) $400,500,000 for each of fiscal years 2027 and 2028; (6) $411,300,000 for each of fiscal years 2029and 2030; (7) $422,400,000 for each of fiscal years 2031 and 2032. (8) $433,800,000 for each of fiscal years 2033 and 2034; (9) $445,560,000 for each of fiscal years 2035 and 2036; (10) $457,560,000 for each of fiscal years 2037 and 2038; and (11) $469,920,000 for each of fiscal years 2039 and 2040.

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Capital construction funds · 46 U.S.C. ch. 535 1 section
  • § 53501 Definitions Amends

    46 U.S.C. § 53501

    The law today

    In this chapter: (1) Agreement vessel.— The term “agreement vessel” means— (A) an eligible vessel or a qualified vessel that is subject to an agreement under this chapter; and (B) a barge or container that is part of the complement of a vessel described in subparagraph (A) if provided for in the agreement. (2) Eligible vessel.— The term “eligible vessel” means— (A) a vessel— (i) constructed in the United States (and, if reconstructed, reconstructed in the United States), constructed outside the United States but documented under the laws of the United States on April 15, 1970, or constructed outside the United States for use in the United States foreign trade pursuant to a contract made before April 15, 1970; (ii) documented under the laws of the United States; and (iii) operated in the foreign or domestic trade of the United States or in the fisheries of the United States; and (B) a commercial fishing vessel— (i) constructed in the United States and, if reconstructed, reconstructed in the United States; (ii) of at least 2 net tons but less than 5 net tons; (iii) owned by a citizen of the United States; (iv) having its home port in the United States; and (v) operated in the commercial fisheries of the United States. (3) Joint regulations.— The term “joint regulations” means regulations prescribed jointly by the Secretary and the Secretary of the Treasury under section 53502(b) of this title. (4) Noncontiguous trade.— The term “noncontiguous trade” means— (A) trade between— (i) one of the contiguous 48 States; and (ii) Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and (B) trade between— (i) a place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and (ii) another place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States. (5) Qualified vessel.— The term “qualified vessel” means— (A) a vessel— (i) constructed in the United States (and, if reconstructed, reconstructed in the United States), constructed outside the United States but documented under the laws of the United States on April 15, 1970, or constructed outside the United States for use in the United States foreign trade pursuant to a contract made before April 15, 1970; (ii) documented under the laws of the United States; and (iii) agreed, between the Secretary and the person maintaining the capital construction fund established under section 53503 of this title, to be operated in the foreign or domestic trade of the United States or in the fisheries of the United States; and (B) a commercial fishing vessel— (i) constructed in the United States and, if reconstructed, reconstructed in the United States; (ii) of at least 2 net tons but less than 5 net tons; (iii) owned by a citizen of the United States; (iv) having its home port in the United States; and (v) operated in the commercial fisheries of the United States. (6) Secretary.— The term “Secretary” means— (A) the Secretary of Commerce with respect to an eligible vessel or a qualified vessel operated or to be operated in the fisheries of the United States; and (B) the Secretary of Transportation with respect to other vessels. (7) Short sea transportation trade.— The term “short sea transportation trade” means the carriage by vessel of cargo— (A) that is— (i) contained in intermodal cargo containers and loaded by crane on the vessel; or (ii) loaded on the vessel by means of wheeled technology; and (B) that is— (i) 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 (ii) loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States. (8) United states foreign trade.— The term “United States foreign trade” includes those areas in domestic trade in which a vessel built with a construction-differential subsidy is ...

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Miscellaneous · 46 U.S.C. ch. 541 1 section
  • § 54101 Assistance for small shipyards Amends

    46 U.S.C. § 54101 — at 54101(f)

    The law today

    (a) Establishment of Program.— Subject to the availability of appropriations, the Administrator of the Maritime Administration shall execute agreements with shipyards to provide assistance— (1) in the form of grants, loans, and loan guarantees to small shipyards for capital improvements; and (2) for maritime training programs to foster technical skills and operational productivity relating to shipbuilding, ship repair, and associated industries. (b) Awards.— (1) In general.— In providing assistance under the program, the Administrator shall consider projects that foster— (A) efficiency, competitive operations, and quality ship construction, repair, and reconfiguration; and (B) employee skills and enhanced productivity related to shipbuilding, ship repair, and associated industries. (2) Timing of grant notice.— The Administrator shall post a Notice of Funding Opportunity regarding grants awarded under this section not more than 15 days after the date of enactment of the appropriations Act for the fiscal year concerned. (3) Timing of grants.— The Administrator shall award grants under this section not later than 120 days after the date of the enactment of the appropriations Act for the fiscal year concerned. (4) Reuse of unexpended grant funds.— Notwithstanding paragraph (3), amounts awarded as a grant under this section that are not expended by the grantee shall remain available to the Administrator for use for grants under this section. (c) Use of Funds.— (1) In general.— Assistance provided under this section may be used to— (A) make capital and related improvements in small shipyards; and (B) provide training for workers in shipbuilding, ship repair, and associated industries. (2) Administrative costs.— Not more than 2 percent of amounts made available to carry out the program may be used for the necessary costs of grant administration. (d) Prohibited Uses.— (1) In general.— Grants awarded under this section may not be used to construct buildings or other physical facilities or to acquire land. (2) Buy america.— (A) In general.— Subject to subparagraph (B), no funds may be obligated by the Administrator of the Maritime Administration under this section, unless each product and material purchased with those funds (including products and materials purchased by a grantee), and including any commercially available off-the-shelf item, is— (i) an unmanufactured article, material, or supply that has been mined or produced in the United States; or (ii) a manufactured article, material, or supply that has been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States. (B) Exceptions.— (i) In general.— Notwithstanding subparagraph (A), the requirements of that subparagraph shall not apply with respect to a particular product or material if the Administrator determines— (I) that the application of those requirements would be inconsistent with the public interest; (II) that such product or material is not available in the United States in sufficient and reasonably available quantities, of a satisfactory quality, or on a timely basis; or (III) that inclusion of a domestic product or material will increase the cost of that product or material by more than 25 percent, with respect to a certain contract between a grantee and that grantee’s supplier. (ii) Federal register.— A determination made by the Administrator under this subparagraph shall be published in the Federal Register. (C) Definitions.— ln this paragraph: (i) The term “commercially available off-the-shelf item” means— (I) any item of supply (including construction material) that is— (aa) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020); and (bb) sold in substantial quantities in the commercial marketplace; and (II) does not include bulk cargo, as d...

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Passenger and cargo preferences · 46 U.S.C. ch. 553 1 section
  • § 55305 Cargoes procured, furnished, or financed by the United States Government Amends

    46 U.S.C. § 55305 — at 55305(d)(2)(D)

    The law today

    (a) Minimum Tonnage.— When the United States Government procures, contracts for, or otherwise obtains for its own account, or furnishes to or for the account of a foreign country, organization, or persons without provision for reimbursement, any equipment, materials, or commodities, or provides financing in any way with Federal funds for the account of any persons unless otherwise exempted, within or without the United States, or advances funds or credits, or guarantees the convertibility of foreign currencies in connection with the furnishing or obtaining of the equipment, materials, or commodities, the appropriate agencies shall take steps necessary and practicable to ensure that at least 50 percent of the gross tonnage of the equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers) which may be transported on ocean vessels is transported on privately-owned commercial vessels of the United States, as provided under subsection (b), to the extent those vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas. (b) Eligible Vessels.— To be eligible to carry cargo as provided under subsection (a), a privately-owned commercial vessel shall be documented under the laws of the United States— (1) for not less than three years; or (2) after January 1, 2030, for less than three years, if the vessel owner signs an agreement with the Secretary providing that— (A) the vessel shall remain documented under the laws of the United States for not less than three years; and (B) the vessel owner shall, upon request of the Secretary, agree to enroll the vessel in an emergency preparedness agreement or voluntary agreement authorized under section 708 of the Defense Production Act of 1950 (50 U.S.C. 4558) and shall ensure the vessel remains so enrolled until the vessel ceases to be documented under the laws of the United States. (c) Violation of Agreement.— A vessel under an agreement executed pursuant to subsection (b)(2) may be seized by, and forfeited to, the United States if, in violation of that agreement— (1) the vessel owner places the vessel under foreign registry; or (2) a person operates the vessel under the authority of a foreign country. (d) Waivers.— (1) Notwithstanding any other provision of law, when the President, the Secretary of Defense, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or section 55314 of this title, the President, the Secretary of Defense, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or section 55314 of this title, may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or section 55314 of this title shall be authorized. (2) (A) Subject to subparagraphs (B) and (C), a waiver issued under this subsection shall be for a period of not more than 60 days. (B) Upon termination of the period of a waiver issued under this subsection, the Maritime Administrator may extend the waiver for an additional period of not more than 30 days, if the Maritime Administrator makes the determinations described in paragraph (1). (C) The aggregate duration of the period of all waivers and extensions of waivers under this subsection with respect to any one set of events shall not exceed three months in a fiscal year. (3) The Maritime Administrator shall— (A) for each determination...

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Construction, charter, and sale of vessels · 46 U.S.C. ch. 575 1 section
  • § 57532 Operation of experimental vessels Amends

    46 U.S.C. § 57532 — at 57532(d)

    The law today

    (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).

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Tonnage taxes and light money · 46 U.S.C. ch. 603 1 section
  • § 60303 Light money Amends

    46 U.S.C. § 60303 — at 60303(c)

    The law today

    (a) Imposition of Tax.— A tax of 50 cents per ton, to be called “light money”, is imposed on a vessel not of the United States at each entry in a port of the United States. This tax shall be imposed and collected under the same regulations that apply to tonnage taxes. (b) Exception for Vessels Owned by Citizens.— (1) In general.— Subsection (a) does not apply to a vessel owned only by citizens of the United States if— (A) the vessel is carrying a regular document issued by a customhouse of the United States proving the vessel to be owned only by citizens of the United States; and (B) on entry of the vessel from a foreign port, the individual designated under paragraph (2) states under oath that— (i) the document contains the names of all the owners of the vessel; or (ii) part of the ownership has been transferred since the document was issued and, to the best of that individual’s knowledge and belief, the vessel is still owned only by citizens of the United States. (2) Person to make statement.— The statement under paragraph (1)(B) shall be made by— (A) an owner if one resides at the port of entry; or (B) the master if an owner does not reside at the port of entry. (c) Exception for Vessels Becoming Documented.— Subsection (a) does not apply to a vessel that— (1) is owned only by citizens of the United States; and (2) after entering a port of the United States, becomes documented as a vessel of the United States before leaving that port.

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Ice and derelicts · 46 U.S.C. ch. 803 1 section
  • § 80302 Patrol services Amends

    46 U.S.C. § 80302 — at 80302(d)

    The law today

    (a) General Requirements.— Unless the agreements made under section 80301 of this title provide otherwise, an ice patrol shall be maintained during the entire ice season in guarding the southeastern, southern, and southwestern limits of the region of icebergs in the vicinity of the Grand Banks of Newfoundland. The patrol shall inform trans-Atlantic and other passing vessels by radio and other available means of the ice conditions and the extent of the dangerous region. During the ice season, there shall be maintained a service of study of ice and current conditions, a service of providing assistance to vessels and crews requiring assistance, and a service of removing and destroying derelicts. Any of these services may be maintained during the remainder of the year as may be advisable. (b) Warnings to Vessels.— The ice patrol shall warn any vessel known to be approaching a dangerous area and recommend safe routes. (c) Recording and Reporting Incidents.— (1) Recording.— The ice patrol shall record the name of a vessel and the facts of the case when the patrol observes or knows that the vessel— (A) is on other than a regular recognized or advertised route crossing the North Atlantic Ocean; (B) has crossed the fishing banks of Newfoundland north of latitude 43 degrees north during the fishing season; or (C) has passed through regions known or believed to be endangered by ice when proceeding to and from ports of North America. (2) Reporting.— The name of the vessel and all pertinent information about the incident shall be reported to the government of the country to which the vessel belongs if that government requests. (d) Administration.— The Commandant, under the direction of the Secretary of the department in which the Coast Guard is operating, shall carry out the services provided for in this section and shall assign necessary aircraft, material, and personnel of the Coast Guard. On request of such Secretary, the head of an agency may detail personnel, lend or contribute material or equipment, or otherwise assist in carrying out the services provided for in this section. (e) Annual Report.— The Commandant shall publish an annual report of the activities of the services provided for in this section. A copy of the report shall be provided to each interested foreign government and to each agency assisting in the work.

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National transportation safety board · 49 U.S.C. ch. 11 1 section
  • § 1101 Definitions Amends

    49 U.S.C. § 1101

    The law today

    (a) In General.— In this chapter: (1) Accident.— The term “accident” includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise. (2) State.— The term “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam. (b) Applicability of Other Definitions.— Section 2101(24) 1 of title 46 and section 40102(a) of this title shall apply to this chapter.

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Vessels in territorial waters of united states · 50 U.S.C. ch. 12 1 section

Also cites: 23 U.S.C. § 154, 33 U.S.C. § 1901, 46 U.S.C. § 60105, 50 U.S.C. § 3808, 50 U.S.C. § 4701

Action History

  1. Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 115-1015.

  2. Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 115-1015.

  3. Placed on the Union Calendar, Calendar No. 794.

  4. Subcommittee on Coast Guard and Maritime Transportation Discharged.

  5. Committee Consideration and Mark-up Session Held.

  6. Referred to the Subcommittee on Coast Guard and Maritime Transportation.

  7. Introduced in House

  8. Introduced in House

  9. Referred to the House Committee on Transportation and Infrastructure.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

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Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

transportation
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Frequently asked questions

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HR 5326 is sponsored by Garamendi, John (Democratic).
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This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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