Subtitle I—General

        

Editorial Notes

Amendments

2021—Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §8605(b)(4), Jan. 1, 2021, 134 Stat. 4765, struck out item for chapter 3 "Federal Maritime Commission".

CHAPTER 1—DEFINITIONS

        

§101. Agency

In this title, the term "agency" means a department, agency, or instrumentality of the United States Government.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
101	(no source).

A definition of "agency" is added to avoid having to repeat the substance of the definition at various places in the revised title.

Statutory Notes and Related Subsidiaries

Short Title of 2023 Amendment

Pub. L. 118–7, §1, June 30, 2023, 137 Stat. 52, provided that: "This Act [amending section 51509 of this title] may be cited as the 'Changing Age-Determined Eligibility To Student Incentive Payments Act' or the 'CADETS Act'."

Short Title of 2022 Amendment

Pub. L. 117–146, §1, June 16, 2022, 136 Stat. 1272, provided that: "This Act [see Tables for classification] may be cited as the 'Ocean Shipping Reform Act of 2022'."

Short Title of 2021 Amendment

Pub. L. 117–14, §1, May 24, 2021, 135 Stat. 273, provided that: "This Act [enacting section 3510 of this title] may be cited as the 'Alaska Tourism Restoration Act'."

Short Title of 2019 Amendment

Pub. L. 116–92, div. C, title XXXV, §3514(a), Dec. 20, 2019, 133 Stat. 1980, provided that: "This section [amending section 50302 of this title, enacting provisions set out as a note under section 50302 of this title, and amending provisions set out as notes under section 51318 of this title and section 9620 of Title 42, The Public Health and Welfare] may be cited as the 'Ports Improvement Act'."

Short Title of 2018 Amendment

Pub. L. 115–265, §1, Oct. 11, 2018, 132 Stat. 3742, provided that: "This Act [enacting section 6309 of this title, amending sections 2116, 3306, 3316, and 6101 of this title and sections 1952, 1954, and 1958 of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under this section, sections 2101, 2116, 3201, 3203, 3306, 3315, and 3316 of this title, sections 1, 58, 88, and 93 of Title 14, Coast Guard, and section 822 of Title 45, Railroads] may be cited as the 'Save Our Seas Act of 2018'."

Pub. L. 115–265, title II, §201, Oct. 11, 2018, 132 Stat. 3744, provided that: "This title [enacting section 6309 of this title, amending sections 2116, 3306, 3316, and 6101 of this title, and enacting provisions set out as notes under sections 2101, 2116, 3201, 3203, 3306, 3315, and 3316 of this title, sections 88 and 93 of Title 14, Coast Guard, and section 822 of Title 45, Railroads] may be cited as the 'Hamm Alert Maritime Safety Act of 2018'."

Pub. L. 115–254, div. J, §1801, Oct. 5, 2018, 132 Stat. 3533, provided that: "This division [div. J (§§1801–1816) of Pub. L. 115–254, enacting sections 243 and 244 of Title 6, Domestic Security, amending sections 70101 to 70103, and 70112 of this title, and sections 921, 941, 945, and 983 of Title 6, repealing sections 70107A and 70116 of this title and sections 922 and 984 of Title 6, enacting provisions set out as notes under sections 70101, 70102, 70107A, and 70112 of this title, and amending provisions set out as a note under section 70107A of this title] may be cited as the 'Maritime Security Improvement Act of 2018'."

Short Title of 2012 Amendment

Pub. L. 112–213, title V, §501, Dec. 20, 2012, 126 Stat. 1574, provided that: "This title [enacting section 51705 of this title, amending section 55305 of this title, and enacting provisions set out as a note under section 51705 of this title] may be cited as the 'Piracy Suppression Act of 2012'."

Short Title of 2010 Amendment

Pub. L. 111–281, title VI, §601, Oct. 15, 2010, 124 Stat. 2959, provided that: "This title [see Tables for classification] may be cited as the 'Maritime Safety Act of 2010'."

Pub. L. 111–207, §1(a), July 27, 2010, 124 Stat. 2243, provided that: "This Act [enacting sections 3507 and 3508 of this title, amending section 676 of Title 14, Coast Guard, and section 355 of Title 37, Pay and Allowances of the Uniformed Services, enacting provisions set out as notes under section 3507 of this title and section 1828 of Title 16, Conservation, amending provisions set out as a note under section 2720 of Title 33, Navigation and Navigable Waters, and repealing provisions set out as notes under section 70101 of this title and section 637 of Title 14] may be cited as the 'Cruise Vessel Security and Safety Act of 2010'."

Short Title of 2009 Amendment

Pub. L. 111–83, title V, §561(a), Oct. 28, 2009, 123 Stat. 2182, provided that: "This section [amending section 70103 of this title and sections 114 and 40119 of Title 49, Transportation] may be cited as the 'American Communities' Right to Public Information Act'."

Short Title of 2003 Amendment

Pub. L. 108–136, div. C, title XXXV, §3501, Nov. 24, 2003, 117 Stat. 1789, provided that: "This title [see Tables for classification] may be cited as the 'Maritime Security Act of 2003'."

Short Title of 2002 Amendment

Pub. L. 107–295, §1(a), Nov. 25, 2002, 116 Stat. 2064, provided that: "This Act [see Tables for classification] may be cited as the 'Maritime Transportation Security Act of 2002'."

Pub. L. 107–295, title II, §201, Nov. 25, 2002, 116 Stat. 2093, provided that: "This title [see Tables for classification] may be cited as the 'Maritime Policy Improvement Act of 2002'."

Short Title of 1999 Amendment

Pub. L. 106–65, div. C, title XXXVI, §3601, Oct. 5, 1999, 113 Stat. 975, provided that: "This title [see Tables for classification] may be cited as the 'Maritime Administration Authorization Act for Fiscal Year 2000'."

Short Title of 1998 Amendment

Pub. L. 105–277, div. C, title II, §201, Oct. 21, 1998, 112 Stat. 2681–616, provided that: "This title [see Tables for classification] may be cited as the 'American Fisheries Act'."

Short Title of 1996 Amendment

Pub. L. 104–324, title VI, §601, Oct. 19, 1996, 110 Stat. 3927, provided that: "This title [see Tables for classification] may be cited as the 'Coast Guard Regulatory Reform Act of 1996'."

Pub. L. 104–297, title III, §301, Oct. 11, 1996, 110 Stat. 3615, provided that: "This title [see Tables for classification] may be cited as the 'Fisheries Financing Act'."

Pub. L. 104–239, §1, Oct. 8, 1996, 110 Stat. 3118, provided that: "This Act [see Tables for classification] may be cited as the 'Maritime Security Act of 1996'."

Short Title of 1993 Amendment

Pub. L. 103–206, title V, §501, Dec. 20, 1993, 107 Stat. 2439, provided that: "This title [see Tables for classification] may be cited as the 'Passenger Vessel Safety Act of 1993'."

Short Title of 1992 Amendment

Pub. L. 102–587, title V, §5301, Nov. 4, 1992, 106 Stat. 5081, provided that: "This subtitle [subtitle C (§§5301–5305) of title V of Pub. L. 102–587, see Tables for classification] may be cited as the 'Abandoned Barge Act of 1992'."

Short Title of 1990 Amendment

Pub. L. 101–595, title VI, §601, Nov. 16, 1990, 104 Stat. 2990, provided that: "This title [see Tables for classification] may be cited as the 'Aleutian Trade Act of 1990'."

Short Title of 1988 Amendment

Pub. L. 100–424, §1, Sept. 9, 1988, 102 Stat. 1585, provided that: "This Act [see Tables for classification] may be cited as the 'Commercial Fishing Industry Vessel Safety Act of 1988'."

Pub. L. 100–418, title X, §10001, Aug. 23, 1988, 102 Stat. 1570, provided that: "This subtitle [subtitle A (§§10001–10003) of title X of Pub. L. 100–418, see Tables for classification] may be cited as the 'Foreign Shipping Practices Act of 1988'."

Pub. L. 100–239, §1, Jan. 11, 1988, 101 Stat. 1778, provided that: "This Act [see Tables for classification] may be cited as the 'Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987'."

Short Title of 1986 Amendment

Pub. L. 99–626, §1, Nov. 7, 1986, 100 Stat. 3504, provided that: "This act [see Tables for classification] may be cited as the 'Recreational Boating Safety Act of 1986'."

Short Title of 1984 Amendment

Pub. L. 98–498, title II, §210, Oct. 19, 1984, 98 Stat. 2303, provided that: "This subtitle [subtitle A (§§210–214) of title II of Pub. L. 98–498, see Tables for classification] may be cited as the 'Maritime Safety Act of 1984'."

Pub. L. 98–364, title IV, §401, July 17, 1984, 98 Stat. 445, provided that: "This title [see Tables for classification] may be cited as the 'Commercial Fishing Industry Vessel Act'."

Short Title of 1981 Amendment

Pub. L. 97–31, §1, Aug. 6, 1981, 95 Stat. 151, provided: "That this Act [see Tables for classification] may be cited as the 'Maritime Act of 1981'."

Short Title of 1976 Amendment

Pub. L. 94–372, §1, July 31, 1976, 90 Stat. 1042, provided: "That this Act [see Tables for classification] may be cited as the 'Negotiated Shipbuilding Contracting Act of 1976'."

Short Title of 1970 Amendment

Pub. L. 91–469, §44, Oct. 21, 1970, 84 Stat. 1039, provided that: "This Act [see Tables for classification] may be cited as the 'Merchant Marine Act of 1970'."

Short Title of 1936 Amendment

Act June 29, 1936, ch. 858, title IX, §906, 49 Stat. 2016, as amended by Pub. L. 109–304, §19, Oct. 6, 2006, 120 Stat. 1710, provided that: "This Act [see Tables for classification] may be cited as the Merchant Marine Act, 1936."

§102. Barge

In this title, the term "barge" means a non-self-propelled vessel.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
102	46:2101(2).

§103. Boundary Line

In this title, the term "Boundary Line" means a line established under section 2(b) of the Act of February 19, 1895 (33 U.S.C. 151(b)).

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486; Pub. L. 114–120, title III, §306(a)(1), Feb. 8, 2016, 130 Stat. 54.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
103	46:2101(3).

Editorial Notes

Amendments

2016—Pub. L. 114–120 substituted "(33 U.S.C. 151(b))." for "(33 U.S.C. 151)."

§104. Citizen of the United States

In this title, the term "citizen of the United States", when used in reference to a natural person, means an individual who is a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
104	46:2101(3a).

The words "when used in reference to a natural person" are added because of provisions in the title which treat entities as citizens. The words "or an individual citizen of the Trust Territory of the Pacific Islands who is exclusively domiciled in the Northern Mariana Islands within the meaning of section 1005(e) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1801 note)" are omitted because the Covenant referred to became effective November 4, 1986, making citizens of the Northern Mariana Islands citizens or non-citizen nationals of the United States.

§105. Consular officer

In this title, the term "consular officer" means an officer or employee of the United States Government designated under regulations to issue visas.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
105	46:2101(6).

§106. Documented vessel

In this title, the term "documented vessel" means a vessel for which a certificate of documentation has been issued under chapter 121 of this title.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
106	46:2101(10).

§107. Exclusive economic zone

In this title, the term "exclusive economic zone" means the zone established by Presidential Proclamation 5030 of March 10, 1983 (16 U.S.C. 1453 note).

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
107	46:2101(10a).

§108. Fisheries

In this title, the term "fisheries" includes processing, storing, transporting (except in foreign commerce), planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation in the navigable waters of the United States or in the exclusive economic zone.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
108	46:12101(a)(1).

§109. Foreign commerce or trade

(a) In General.—In this title, the terms "foreign commerce" and "foreign trade" mean commerce or trade between a place in the United States and a place in a foreign country.

(b) Capital Construction Funds and Construction-Differential Subsidies.—In the context of capital construction funds under chapter 535 of this title, and in the context of construction-differential subsidies under title V of the Merchant Marine Act, 1936, the terms "foreign commerce" and "foreign trade" also include, in the case of liquid and dry bulk cargo carrying services, trading between foreign ports in accordance with normal commercial bulk shipping practices in a manner that will permit bulk vessels of the United States to compete freely with foreign bulk vessels in their operation or competition for charters, subject to regulations prescribed by the Secretary of Transportation.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
109	46 App.:1244(a).	June 29, 1936, ch. 858, title IX, §905(a), 49 Stat. 2016; June 23, 1938, ch. 600, §39(a), 52 Stat. 964; Pub. L. 91–469, §28, Oct. 21, 1970, 84 Stat. 1034; Pub. L. 92–402, §2, Aug. 22, 1972, 86 Stat. 617; Pub. L. 97–31, §12(133)(A), Aug. 6, 1981, 95 Stat. 165.

In subsection (a), the words "its Territories or possessions, or the District of Columbia" are omitted because of the definition of "United States" in this chapter.

Editorial Notes

References in Text

The Merchant Marine Act, 1936, referred to in subsec. (b), is act June 29, 1936, ch. 858, 49 Stat. 1985. Title V of the Act enacted provisions set out as notes under section 53101 of this title. For complete classification of this Act to the Code, see Short Title of 1936 Amendment note set out under section 101 of this title and Tables.

§110. Foreign vessel

In this title, the term "foreign vessel" means a vessel of foreign registry or operated under the authority of a foreign country.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
110	46:2101(12).

§111. Numbered vessel

In this title, the term "numbered vessel" means a vessel for which a number has been issued under chapter 123 of this title.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
111	46:2101(17b).

§112. State

In this title, the term "State" means a State of the United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
112	46:2101(36).

§113. Undocumented

In this title, the term "undocumented" means not having and not required to have a certificate of documentation issued under chapter 121 of this title.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
113	46:2101(41).

The words "certificate of documentation" are substituted for "document" for consistency with chapter 121.

§114. United States

In this title, the term "United States", when used in a geographic sense, means the States of the United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
114	46:2101(44).
	46 App.:1244(g).	June 29, 1936, ch. 858, title IX, §905(g), 49 Stat. 2016; as added Pub. L. 96–453, §3(b), Oct. 15, 1980, 94 Stat. 2008.

The language in 46 App. U.S.C. 1244(g) relating to the areas and installations in the Republic of Panama is omitted because those areas and installations were turned over to Panama by the end of 1999.

§115. Vessel

In this title, the term "vessel" has the meaning given that term in section 3 of title 1.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
115	46:2101(45).

§116. Vessel of the United States

In this title, the term "vessel of the United States" means a vessel documented under chapter 121 of this title (or exempt from documentation under section 12102(c) of this title), numbered under chapter 123 of this title, or titled under the law of a State.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1488.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
116	46:2101(46).

[CHAPTER 3—TRANSFERRED]

Editorial Notes

Codification

Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §8605(a)(2), (3), Jan. 1, 2021, 134 Stat. 4765, renumbered this chapter as chapter 461 and transferred it to part D of subtitle IV of this title and renumbered sections 301 to 308 as sections 46101 to 46108 of this title, respectively.

[§§301 to 308. Renumbered §§46101 to 46108]

CHAPTER 5—OTHER GENERAL PROVISIONS

        

§501. Waiver of navigation and vessel-inspection laws

(a) On Request of Secretary of Defense.—

(1) In general.—On request of the Secretary of Defense, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers necessary in the interest of national defense to address an immediate adverse effect on military operations.

(2) Submittal of explanation to congress.—Not later than 24 hours after making a request under paragraph (1), the Secretary of Defense shall submit to the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate a written explanation of the circumstances requiring such a waiver in the interest of national defense, including a confirmation that there are insufficient qualified vessels to meet the needs of national defense without such a waiver.

(b) By Head of Agency.—

(1) In general.—Upon a determination by the President that a waiver of the navigation or vessel-inspection laws is necessary in the interest of national defense, the head of an agency responsible for the administration of such laws,¹ may waive compliance with such laws—

(A) following a determination in accordance with the requirements of paragraph (3) 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 to meet national defense requirements;

(B) not earlier than 48 hours after a waiver request is published under paragraph (6)(A); and

(C) on a vessel specific basis to the extent, in the manner, and on the terms the head of such agency, in consultation with the Administrator, acting in such capacity, prescribes.

(2) Duration of waiver.—

(A) In general.—Subject to subparagraphs (B) and (C), a waiver issued under this subsection shall be for a period of not more than 10 days.

(B) Waiver extension.—Upon the termination of the period of a waiver issued under this subsection, the head of an agency may extend the waiver for an additional period of not more than 10 days, if the Maritime Administrator makes the determination referred to in paragraph (1)(A).

(C) Aggregate duration.—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 45 days.

(3) Determinations.—The Maritime Administrator shall—

(A) for each determination referred to in paragraph (1)(A)—

(i) identify any actions that could be taken to enable qualified United States flag capacity to meet national defense requirements prior to the issuance of a waiver; and

(ii) not assess the non-availability of qualified United States flag capacity to meet national defense requirements retrospectively after the date on which a waiver is requested;

(B) provide notice of each such determination to the Secretary of Transportation and the head of the agency referred to in paragraph (1) for which the determination is made; and

(C) publish each such determination on the Internet Web site of the Department of Transportation not later than 48 hours after notice of the determination is provided to the Secretary of Transportation.

(4) Notice to congress.—

(A) In general.—The head of an agency referred to in paragraph (1) shall notify the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate—

(i) of any request for a waiver of the navigation or vessel-inspection laws under this section not later than 48 hours after receiving such a request; and

(ii) of the issuance of any such waiver not later than 48 hours after such issuance.

(B) Contents.—Such head of an agency shall include in each notification under subparagraph (A)(ii) an explanation of—

(i) the reasons the waiver is necessary; and

(ii) the reasons actions referred to in paragraph (3)(A) are not feasible.

(C) Notification required for extensions.—For purposes of this paragraph, an extension requested or issued under paragraph (2)(B) shall be treated in the same manner as a waiver requested or issued under this subsection.

(5) Prospective application.—No waiver shall be issued for a vessel if, at the time of the waiver request under this section, such vessel is laden with merchandise that, pursuant to the requested waiver, could be unladen at points or places to which the coastwise laws apply.

(6) Publication requirements.—

(A) Publication of waiver requests.—Upon receiving a request for a waiver under this subsection, the head of an agency referred to in paragraph (1) shall publish such request on the website of such agency.

(B) Publication of waiver denial.—Not later than 48 hours after denying a waiver requested under this subsection, the head of an agency referred to in paragraph (1) shall publish on the website of such agency an explanation for denying such waiver, including applicable findings to support the denial.

(c) Report.—

(1) In general.—Not later than 10 days after the date of the conclusion of the voyage of a vessel that, during such voyage, operated under a waiver issued under this section, the owner or operator of the vessel and the individual requesting such waiver (if not the owner or operator of the vessel) shall submit to the Maritime Administrator a report that includes—

(A) the name and flag of the vessel;

(B) the name of the owner and operator of the vessel;

(C) the dates of the voyage;

(D) any relevant ports of call;

(E) a description of the cargo carried;

(F) an explanation as to why the waiver was in the interest of national defense; and

(G) any other information the Maritime Administrator determines necessary.

(2) Publication.—Not later than 48 hours after receiving a report under paragraph (1), the Maritime Administrator shall publish such report on an appropriate website of the Department of Transportation.

(d) Termination of Authority.—The authority granted by this section shall terminate at such time as the Congress by concurrent resolution or the President may designate.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1490; Pub. L. 110–417, div. C, title XXXV, §3510, Oct. 14, 2008, 122 Stat. 4769; Pub. L. 112–213, title III, §301, Dec. 20, 2012, 126 Stat. 1562; Pub. L. 112–239, div. C, title XXXV, §3517(a)(2), Jan. 2, 2013, 126 Stat. 2229; Pub. L. 116–283, div. C, title XXXV, §3502(a)(1), Jan. 1, 2021, 134 Stat. 4397; Pub. L. 117–263, div. C, title XXXV, §3541, Dec. 23, 2022, 136 Stat. 3093.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
501	46 App.:3 note prec.	Dec. 27, 1950, ch. 1155, §§1, 2, 64 Stat. 1120.

In subsection (b), the words "When the head of an agency . . . considers it necessary" are substituted for "either upon his own initiative or upon the written recommendation of the head of any other Government agency, when he deems that such action is necessary" to eliminate unnecessary words.

Editorial Notes

Amendments

2022—Subsec. (b)(1). Pub. L. 117–263, §3541(1)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "When the head of an agency responsible for the administration of the navigation or vessel-inspection laws considers it necessary in the interest of national defense, the individual, 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 to meet national defense requirements, may waive compliance with those laws to the extent, in the manner, and on the terms the individual, in consultation with the Administrator, acting in that capacity, prescribes."

Subsec. (b)(2)(B). Pub. L. 117–263, §3541(1)(B), substituted "determination referred to in paragraph (1)(A)" for "determinations referred to in paragraph (1)".

Subsec. (b)(3)(A). Pub. L. 117–263, §3541(1)(C), added subpar. (A) and struck out former subpar. (A). Prior to amendment, subpar. (A) read as follows: "for each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet national defense requirements;".

Subsec. (b)(5), (6). Pub. L. 117–263, §3541(1)(D), added pars. (5) and (6).

Subsec. (c)(1). Pub. L. 117–263, §3541(2), inserted "and the individual requesting such waiver (if not the owner or operator of the vessel)" before "shall submit" in introductory provisions, added subpars. (B), (E), and (F), and redesignated former subpars. (B), (C), and (D) as (C), (D), and (G), respectively.

2021—Subsec. (a). Pub. L. 116–283, §3502(a)(1)(A), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "On request of the Secretary of Defense, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers necessary in the interest of national defense."

Subsec. (b)(2), (3). Pub. L. 116–283, §3502(a)(1)(B)(i), (ii), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (b)(4). Pub. L. 116–283, §3502(a)(1)(B)(i), redesignated par. (3) as (4).

Subsec. (b)(4)(B)(ii). Pub. L. 116–283, §3502(a)(1)(B)(ii)(I), substituted "paragraph (3)(A)" for "paragraph (2)(A)".

Subsec. (b)(4)(C). Pub. L. 116–283, §3502(a)(1)(B)(ii)(II), added subpar. (C).

Subsecs. (c), (d). Pub. L. 116–283, §3502(a)(1)(C), (D), added subsec. (c) and redesignated former subsec. (c) as (d).

2013—Subsec. (b)(3)(A). Pub. L. 112–239 substituted "the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate" for "the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate" in introductory provisions.

2012—Subsec. (b). Pub. L. 112–213 designated existing provisions as par. (1), inserted par. (1) heading, and added pars. (2) and (3).

2008—Subsec. (b). Pub. L. 110–417 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "When the head of an agency responsible for the administration of the navigation or vessel-inspection laws considers it necessary in the interest of national defense, the individual may waive compliance with those laws to the extent, in the manner, and on the terms the individual prescribes."

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283, div. C, title XXXV, §3502(a)(2), Jan. 1, 2021, 134 Stat. 4398, provided that: "The amendments made by paragraph (1) [amending this section] shall apply with respect to waivers issued after the date of the enactment of this Act [Jan. 1, 2021]."

¹ So in original. The comma probably should not appear.

§502. Cargo exempt from forfeiture

Cargo on a vessel is exempt from forfeiture under this title if—

(1) the cargo is owned in good faith by a person not the owner, master, or crewmember of the vessel; and

(2) the customs duties on the cargo have been paid or secured for payment as provided by law.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1490.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
502	46 App.:326.	R.S. §4378.

§503. Notice of seizure

When a forfeiture of a vessel or cargo accrues, the official of the United States Government required to give notice of the seizure of the vessel or cargo shall include in the notice, if they are known to that official, the name and the place of residence of the owner or consignee at the time of the seizure.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1490.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
503	46 App.:327.	R.S. §4379.

§504. Remission of fees and penalties

Any part of a fee, tax, or penalty paid or a forfeiture incurred under a law or regulation relating to vessels or seamen may be remitted if—

(1) application for the remission is made within one year after the date of the payment or forfeiture; and

(2) it is found that the fee, tax, penalty, or forfeiture was improperly or excessively imposed.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1491.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
504	46:2108.

This section replaces 46 U.S.C. 2108, which was enacted as part of the codification of subtitle II of title 46 in 1983. That provision was based on section 26 of the Act of June 26, 1884, ch. 121, 23 Stat. 59, which prior to the subtitle II codification appeared at 46 U.S.C. 8 (1982 ed.). In the enactment of 46 U.S.C. 2108, the scope of the 1884 provision was narrowed, presumably inadvertently. This section restores the remissions authority to its prior scope. Note that 19 C.F.R. §4.24 (2003) still refers to "the authority to make refunds in accordance with section 26 of the Act of June 26, 1884 (46 U.S.C. 8)" as if that provision had not been replaced by 46 U.S.C. 2108 in 1983.

§505. Penalty for violating regulation or order

A person convicted of knowingly and willfully violating a regulation or order of the Federal Maritime Commission or the Secretary of Transportation under subtitle IV or V of this title, for which no penalty is expressly provided, shall be fined not more than $500. Each day of a continuing violation is a separate offense.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1491.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
505	46 App.:1228 (last par.).	June 29, 1936, ch. 858, title VIII, §806(d); as added Aug. 4, 1939, ch. 417, §13, 53 Stat. 1187; Pub. L. 97–31, §12(125), Aug. 6, 1981, 95 Stat. 164.