CHAPTER 503—ADMINISTRATIVE

        

Editorial Notes

Amendments

2023—Pub. L. 118–31, div. A, title VIII, §825(b)(2), div. C, title XXXV, §3514(c), Dec. 22, 2023, 137 Stat. 333, 810, substituted "Maritime transportation system emergency relief program" for "Port development; maritime transportation system emergency relief program" in item 50308 and added item 50309.

2021—Pub. L. 116–283, div. C, title XXXV, §3505(b), Jan. 1, 2021, 134 Stat. 4405, added item 50308.

2012—Pub. L. 112–213, title IV, §403(b), Dec. 20, 2012, 126 Stat. 1570, added item 50307.

§50301. Vessel Operations Revolving Fund

(a) In General.—There is a "Vessel Operations Revolving Fund" for use by the Secretary of Transportation in carrying out duties and powers related to vessel operations, including charter, operation, maintenance, repair, reconditioning, and improvement of merchant vessels under the jurisdiction of the Secretary. The Fund has a working capital of $20,000,000, to remain available until expended.

(b) Relationship to Other Laws.—Notwithstanding any other law, rates for shipping services provided under the Fund shall be prescribed by the Secretary and the Fund shall be credited with receipts from vessel operations conducted under the Fund. 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), 4704), apply to those operations and to seamen employed through general agents as employees of the United States Government. Notwithstanding any other law on the employment of persons by the Government, the seamen may be employed in accordance with customary commercial practices in the maritime industry.

(c) Advancements.—With the approval of the Director of the Office of Management and Budget, the Secretary may advance amounts the Secretary considers necessary, but not more than 2 percent of vessel operating expenses, from the Fund to the appropriation "Salaries and Expenses" in carrying out duties and powers related to vessel operations, without regard to the limitations on amounts stated in that appropriation.

(d) Transfers.—The unexpended balances of working funds or of allocation accounts established after January 1, 1951, for the activities provided for in subsection (a), and receipts received from those activities, may be transferred to the Fund, which shall be available for the purposes of those working funds or allocation accounts.

(e) Limitation.—

(1) In general.—Amounts made available to the Secretary for maritime activities by this section or any other law may not be used to pay for a vessel described in paragraph (2) unless the compensation to be paid is computed under section 56303 of this title as that section is interpreted by the Comptroller General.

(2) Applicable vessels.—Paragraph (1) applies to a vessel—

(A) the title to which is acquired by the Government by requisition or purchase;

(B) the use of which is taken by requisition or agreement; or

(C) lost while insured by the Government.

(3) Nonapplicable vessels.—Paragraph (1) does not apply to a vessel under a construction-differential subsidy contract.

(f) Availability for Additional Purposes.—The Fund is available for—

(1) necessary expenses incurred in the protection, preservation, maintenance, acquisition, or use of vessels involved in mortgage foreclosure or forfeiture proceedings instituted by the Government, including payment of prior claims and liens, expenses of sale, or other related charges;

(2) necessary expenses incident to the redelivery and lay-up, in the United States, of vessels chartered as of June 20, 1956, under agreements not calling for their return to the Government;

(3) the activation, repair, and deactivation of merchant vessels chartered for limited emergency purposes during fiscal year 1957 under the jurisdiction of the Secretary; and

(4) payment of expenses of custody and maintenance of Government-owned vessels not in the National Defense Reserve Fleet.

(g) Expenses and Receipts Related to Charter Operations.—The Fund is available for expenses incurred in activating, repairing, and deactivating merchant vessels chartered under the jurisdiction of the Secretary. Receipts from charter operations of Government-owned vessels under the jurisdiction of the Secretary shall be credited to the Fund.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1562; Pub. L. 118–31, div. C, title XXXV, §3514(d), Dec. 22, 2023, 137 Stat. 810.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50301(a)	46 App.:1241a (1st sentence).	June 2, 1951, ch. 121 (pars. under heading "Vessel Operations Revolving Fund"), 65 Stat. 59; Pub. L. 97–31, §12(128), Aug. 6, 1981, 95 Stat. 165; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.
50301(b)	46 App.:1241a (2d sentence words before 2d proviso).
50301(c)	46 App.:1241a (2d sentence 2d proviso).
50301(d)	46 App.:1241a (2d sentence last proviso).
50301(e)	46 App.:1241a (last sentence).
50301(f)	46 App.:1241b.	June 20, 1956, ch. 415, title I, §101 (4th complete par. on p. 319), 70 Stat. 319; Pub. L. 97–31, §12(129), Aug. 6, 1981, 95 Stat. 165.
	46 App.:1241b note.
50301(g)	46 App.:1241c.	Aug. 1, 1956, ch. 846, 70 Stat. 897; Pub. L. 97–31, §12(130), Aug. 6, 1981, 95 Stat. 165.

In subsection (c), the words "Director of the Office of Management and Budget" are substituted for "Bureau of the Budget" in the Act of June 2, 1951 (ch. 121, 65 Stat. 59), because of sections 101 and 102 of Reorganization Plan No. 2 of 1970 (5 App. U.S.C.) and 31 U.S.C. ch. 5. The words "for the purposes of that appropriation" are omitted for clarity and for consistency in the subsection.

In subsection (d), the words "notwithstanding any other provisions of law" and "and consolidated with" are omitted as unnecessary.

In subsection (e), in paragraph (1), the words "Comptroller General" are substituted for "Government Accountability Office" for consistency in the revised title. Paragraph (3) is substituted for "(except in cases where section 1212 of this Appendix is applicable)" because section 1212 applies to all vessels under a construction-differential subsidy contract.

In subsection (f), the words "On and after June 20, 1956", and the last proviso in the 4th complete par. at 70 Stat. 319 (46 App. U.S.C. 1241b note), are omitted as obsolete.

In subsection (g), the words "beginning July 1, 1956" and "after July 1, 1956" are omitted as obsolete.

Editorial Notes

Amendments

2023—Subsec. (b). Pub. L. 118–31 substituted "(50 U.S.C. 4701(a), (c), 4703(c), 4704)" for "(50 App. U.S.C. 1291(a), (c), 1293(c), 1294)".

§50302. Port development

(a) General Requirements.—With the objective of promoting, encouraging, and developing ports and transportation facilities in connection with water commerce over which the Secretary of Transportation has jurisdiction, the Secretary, in cooperation with the Secretary of the Army, shall—

(1) investigate territorial regions and zones tributary to ports, taking into consideration the economies of transportation by rail, water, and highway and the natural direction of the flow of commerce;

(2) investigate the causes of congestion of commerce at ports and applicable remedies;

(3) investigate the subject of water terminals, including the necessary docks, warehouses, and equipment, to devise and suggest the types most appropriate for different locations and for the most expeditious and economical transfer or interchange of passengers or property between water carriers and rail carriers;

(4) consult with communities on the appropriate location and plan of construction of wharves, piers, and water terminals;

(5) investigate the practicability and advantages of harbor, river, and port improvements in connection with foreign and coastwise trade; and

(6) investigate any other matter that may tend to promote and encourage the use by vessels of ports adequate to care for the freight that naturally would pass through those ports.

(b) Submission of Findings to Surface Transportation Board.—After an investigation under subsection (a), if the Secretary of Transportation believes that the rates or practices of a rail carrier subject to the jurisdiction of the Surface Transportation Board are detrimental to the objective specified in subsection (a), or that new rates or practices, new or additional port terminal facilities, or affirmative action by a rail carrier is necessary to promote that objective, the Secretary may submit findings to the Board for action the Board considers appropriate under existing law.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1564; Pub. L. 111–84, div. C, title XXXV, §3512, Oct. 28, 2009, 123 Stat. 2722; Pub. L. 113–66, div. C, title XXXV, §3505(b), Dec. 26, 2013, 127 Stat. 1086; Pub. L. 116–92, div. C, title XXXV, §3514(b), Dec. 20, 2019, 133 Stat. 1980; Pub. L. 116–283, div. C, title XXXV, §3504, Jan. 1, 2021, 134 Stat. 4399; Pub. L. 117–81, div. C, title XXXV, §3513(a)(2), Dec. 27, 2021, 135 Stat. 2240.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50302(a)	46 App.:867 (words before proviso).	June 5, 1920, ch. 250, §8, 41 Stat. 992; Exec. Order No. 6166, June 10, 1933, §12; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(40), Aug. 6, 1981, 95 Stat. 156; Pub. L. 104–88, §321(1), Dec. 29, 1995, 109 Stat. 949.
50302(b)	46 App.:867 (proviso).

In subsection (a), before paragraph (1), the words "Secretary of the Army" are substituted for "Secretary of War" in section 8 of the Merchant Marine Act, 1920 (ch. 250, 41 Stat. 992) because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501). See 10 U.S.C. 3011 et seq. In paragraph (3), the words "apparatus" and "appliances" are omitted as unnecessary. In paragraph (4), the words "consult with" are substituted for "advise with" as being more grammatical.

In subsection (b), the words "rates or practices" are substituted for "rates, charges, rules, or regulations" for consistency in the revised title and with other titles of the United States Code.

Editorial Notes

Amendments

2021—Subsec. (c). Pub. L. 117–81 redesignated subsec. (c) as section 54301(a) of this title.

Subsec. (c)(2). Pub. L. 116–283, §3504(1)(A)(i), inserted "or subsection (d)" after "this subsection" in introductory provisions.

Subsec. (c)(2)(G). Pub. L. 116–283, §3504(1)(A)(ii), inserted ", including the owners or operators of a facility, or collection of facilities at a port" after "private entities".

Subsec. (c)(5)(A). Pub. L. 116–283, §3504(1)(B)(i), inserted "or subsection (d)" after "this subsection".

Subsec. (c)(5)(B). Pub. L. 116–283, §3504(1)(B)(ii), substituted "90" for "60" and inserted "or subsection (d)" after "this subsection".

Subsec. (c)(6)(C). Pub. L. 116–283, §3504(1)(C), struck out subpar. (C). Prior to amendment, text read as follows: "The Secretary may waive the cost-benefit analysis under subparagraph (A)(ii), and establish a simplified, alternative basis for determining whether a project is cost effective, for a small project described in paragraph (7)(B)."

Subsec. (c)(7)(B). Pub. L. 116–283, §3504(1)(D)(i), substituted "18 percent" for "25 percent" and "subsection (d). The requirement under paragraph (6)(A)(ii) shall not apply to grants made under subsection (d)." for "paragraph (3)(A) that request the lesser of—

"(i) 10 percent of the amounts made available for grants under this subsection for a fiscal year; or

"(ii) $10,000,000."

Subsec. (c)(7)(C). Pub. L. 116–283, §3504(1)(D)(ii), added subpar. (C) and struck out former subpar. (C). Text read as follows: "Not more than 10 percent of the amounts made available for grants under this subsection for a fiscal year may be used to make grants for development phase activities under paragraph (3)(B)."

Subsec. (c)(8)(A). Pub. L. 116–283, §3504(1)(E)(i), inserted "or subsection (d)" after "a grant under this subsection" and substituted "the project for which the grant is requested" for "a project under this subsection".

Subsec. (c)(8)(B)(i). Pub. L. 116–283, §3504(1)(E)(ii)(I), substituted "under this subsection or subsection (d)" for "under this subsection".

Subsec. (c)(8)(B)(ii). Pub. L. 116–283, §3504(1)(E)(ii)(II), inserted "for which a grant is awarded under subsection (d) or that is" after "project".

Subsec. (c)(9). Pub. L. 116–283, §3504(1)(F), inserted "for grants made under this subsection and subsection (d)" after "procedures" in introductory provisions.

Subsec. (c)(10)(A). Pub. L. 116–283, §3504(1)(G), inserted "or subsection (d)" after "this subsection" in introductory provisions.

Subsec. (c)(11)(A). Pub. L. 116–283, §3504(1)(H)(i), substituted "to make grants for port development under this section" for "under this subsection" and "to make grants for port development under this section" for "to carry out this subsection".

Subsec. (c)(11)(B)(i). Pub. L. 116–283, §3504(1)(H)(ii)(I), substituted "to make grants for port development under this section" for "for carrying out this subsection".

Subsec. (c)(11)(B)(ii). Pub. L. 116–283, §3504(1)(H)(ii)(II), substituted "for port development under this section" for "under this subsection", and inserted "or that are returned under paragraph (9)(C)" after "the award" and "Any such amount may only be expended to award a grant under the same subsection of this section under which the original grant was made." at end.

Subsec. (c)(12). Pub. L. 116–283, §3504(1)(I)(i), inserted "and subsection (d)" after "this subsection" in introductory provisions.

Subsec. (c)(12)(A) to (D). Pub. L. 116–283, §3504(1)(I)(ii), redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which defined "appropriate committees of Congress".

Subsec. (d). Pub. L. 117–81 redesignated subsec. (d) as section 54301(b) of this title.

Pub. L. 116–283, §3504(3), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 117–81 redesignated subsec. (e) as section 54301(c) of this title.

Pub. L. 116–283, §3504(2), redesignated subsec. (d) as (e).

Subsec. (e)(3). Pub. L. 116–283, §3504(4), inserted "or subsection (d)" after "subsection (c)" and substituted "to any eligible applicants as described in subsection (c)(2)" for "to port authorities or commissions or their subdivisions and agents".

2019—Subsecs. (c), (d). Pub. L. 116–92 added subsecs. (c) and (d) and struck out former subsec. (c), which established and set out parameters for a port infrastructure development program.

2013—Subsec. (c)(2)(D). Pub. L. 113–66 inserted "and financial assistance, including grants," after "technical assistance".

2009—Subsec. (c). Pub. L. 111–84 added subsec. (c).

Statutory Notes and Related Subsidiaries

Savings Clause

Pub. L. 116–92, div. C, title XXXV, §3514(c), Dec. 20, 2019, 133 Stat. 1984, provided that:

"A repeal made by subsection (b) of this section [amending this section] shall not affect amounts apportioned or allocated before the effective date of the repeal. Such apportioned or allocated funds shall continue to be subject to the requirements to which the funds were subject under—

"(1) section 50302(c) of title 46, United States Code, as in effect on the day before the date of enactment of this title [Dec. 20, 2019];

"(2) section 9008 of the SAFETEA-LU Act (Public Law 109–59; 119 Stat. 1926);

"(3) section 10205 of the SAFETEA-LU Act (Public Law 109–59; 119 Stat. 1934); and

"(4) section 3512 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r)."

Strategic Seaports

Pub. L. 113–66, div. C, title XXXV, §3505(a), Dec. 26, 2013, 127 Stat. 1086, which established priority for funding to strategic seaports in support of national security requirements, was repealed by Pub. L. 118–31, div. C, title XXXV, §3514(a)(1)(C), Dec. 22, 2023, 137 Stat. 810. See section 54301(a)(6)(C), (12)(E) of this title.

§50303. Operating property and extending term of notes

(a) General Authority.—The Secretary of Transportation may—

(1) operate or lease docks, wharves, piers, vessels, or real property under the Secretary's control, except that the prior consent of the Secretary of Defense for such use shall be required with respect to any vessel in the Ready Reserve Force or in the National Defense Reserve Fleet which is maintained in a retention status for the Department of Defense; and

(2) make extensions and accept renewals of—

(A) promissory notes and other evidences of indebtedness on property; and

(B) mortgages and other contracts securing the property.

(b) Terms of Transactions.—A transaction under subsection (a) shall be on terms the Secretary considers necessary to carry out the purposes of this subtitle, but consistent with sound business practice.

(c) Availability of Amounts.—Amounts received by the Secretary from a transaction under this section are available for expenditure by the Secretary as provided in this subtitle.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1564; Pub. L. 110–181, div. C, title XXXV, §3512, Jan. 28, 2008, 122 Stat. 594.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50303	46 App.:1112.	June 29, 1936, ch. 858, title II, §202, 49 Stat. 1986; Aug. 26, 1937, ch. 822, §1, 50 Stat. 839; June 23, 1938, ch. 600, §1, 52 Stat. 953; Pub. L. 97–31, §12(60), Aug. 6, 1981, 95 Stat. 158.

In subsection (a), the words "Notwithstanding any other provision of law" are omitted as unnecessary. In paragraph (1), the word "lands" is omitted as included in "real property". In paragraph (2)(A), the word "promissory" is added for clarity. The words "hereby transferred", referring to the transfer under the first sentence of section 202 of the Merchant Marine Act, 1936 (repealed by section 12(60)(A) of Public Law 97–31), are omitted as obsolete.

Subsection (b) is substituted for "in accordance with good business methods and on such terms and conditions as he determines to effectuate the policy of this chapter" and "upon such terms and conditions as he may prescribe in accordance with sound business practice" for consistency and to eliminate unnecessary words.

Editorial Notes

Amendments

2008—Subsec. (a)(1). Pub. L. 110–181 inserted "vessels," after "piers," and substituted "control, except that the prior consent of the Secretary of Defense for such use shall be required with respect to any vessel in the Ready Reserve Force or in the National Defense Reserve Fleet which is maintained in a retention status for the Department of Defense;" for "control;".

§50304. Sale and transfer of property

(a) Authority To Sell.—The Secretary of Transportation may sell property (other than vessels transferred under section 4 of the Merchant Marine Act, 1920 (ch. 250, 41 Stat. 990)) on terms the Secretary considers appropriate.

(b) Transfers From Military to Civilian Control.—When the President considers it in the interest of the United States, the President may transfer to the Secretary of Transportation possession and control of property described in the second paragraph of section 17 of the Merchant Marine Act, 1920 (ch. 250, 41 Stat. 994), as originally enacted, that is possessed and controlled by the Secretary of a military department.

(c) Transfers From Civilian to Military Control.—When the President considers it necessary, the President by executive order may transfer to the Secretary of a military department possession and control of property described in section 17 of the Merchant Marine Act, 1920 (ch. 250, 41 Stat. 994), as originally enacted, that is possessed and controlled by the Secretary of Transportation. The President's order shall state the need for the transfer and the period of the need. When the President decides that the need has ended, the possession and control shall revert to the Secretary of Transportation. The property may not be sold except as provided by law.

(d) Vessel Charters to Other Departments.—On a reimbursable or nonreimbursable basis, as determined by the Secretary of Transportation, the Secretary may charter or otherwise make available a vessel under the jurisdiction of the Secretary to any other department, upon the request by the Secretary of the Department that receives the vessel. The prior consent of the Secretary of Defense for such use shall be required with respect to any vessel in the Ready Reserve Force or in the National Defense Reserve Fleet which is maintained in a retention status for the Department of Defense.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1565; Pub. L. 110–181, div. C, title XXXV, §3515, Jan. 28, 2008, 122 Stat. 595.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50304(a)	46 App.:872.	June 5, 1920, ch. 250, §§13, 17, 41 Stat. 993, 994; Exec. Order No. 6166, June 10, 1933, §12; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(44), (45), Aug. 6, 1981, 95 Stat. 157.
50304(b)	46 App.:875 (1st par.).
50304(c)	46 App.:875 (last par.).

In subsections (b) and (c), the words "property described in the second paragraph of section 17 of the Merchant Marine Act, 1920 (ch. 250, 41 Stat. 994), as originally enacted" are substituted for "such other docks, piers, warehouses, wharves and terminal equipment and facilities or parts thereof, including all leasehold easements, rights of way, riparian rights and other rights, estates or interests therein or appurtenant thereto which were acquired . . . for military or naval purposes during the war emergency", and the words "property described in section 17 of the Merchant Marine Act, 1920 (ch. 250, 41 Stat. 994), as originally enacted" are substituted for "property taken over by or transferred to . . . under this section", because the first paragraph of section 17 of the Merchant Marine Act, 1920, was repealed in 1981 and reference to that paragraph is necessary for a complete understanding of these provisions. The words "Secretary of a military department" are substituted for "War Department or the Navy Department" and "Department of the Army, Department of the Air Force, or Department of the Navy" for consistency with other titles of the United States Code. For redesignation of the Department of War to the Department of the Army, and for transfer of certain functions to newly established Department of the Air Force, see sections 205(a) and 207(a) and (f) of the National Security Act of 1947 (ch. 343, 61 Stat. 501, 502, 503).

In subsection (b), the words "possessed and controlled by" are substituted for "acquired by" for clarity and for consistency in the section. The word "best" is omitted as unnecessary.

Editorial Notes

References in Text

Section 4 of the Merchant Marine Act, 1920, referred to in subsec. (a), is section 4 of act June 5, 1920, ch. 250, 41 Stat. 990, which was classified to section 863 of former Title 46, Shipping, and was repealed by Pub. L. 100–710, title II, §202(4), Nov. 23, 1988, 102 Stat. 4753.

Section 17 of the Merchant Marine Act, 1920 (ch. 250, 41 Stat. 994), as originally enacted, referred to in subsecs. (b) and (c), is section 17 of act June 5, 1920, ch. 250, 41 Stat. 994, which was classified to section 875 of the former Appendix to this title, was subsequently amended, and as amended, was repealed and restated in subsecs. (b) and (c) of this section by Pub. L. 109–304, §§8(b), 19, Oct. 6, 2006, 120 Stat. 1556, 1710.

Amendments

2008—Subsec. (d). Pub. L. 110–181 added subsec. (d).

§50305. Appointment of trustee or receiver and operation of vessels

(a) Appointment of Trustees and Receivers.—

(1) Appointment of secretary.—In a proceeding in a court of the United States in which a trustee or receiver may be appointed for a corporation operating a vessel of United States registry between the United States and a foreign country, on which the United States Government holds a mortgage, the court may appoint the Secretary of Transportation as the sole trustee or receiver (subject to the direction of the court) if—

(A) the court finds that the appointment will—

(i) inure to the advantage of the estate and the parties in interest; and

(ii) tend to carry out the purposes of this subtitle; and

(B) the Secretary expressly consents to the appointment.

(2) Appointment of other person.—The appointment of another person as trustee or receiver without a hearing becomes effective when ratified by the Secretary, but the Secretary may demand a hearing.

(b) Operation of Vessels.—

(1) In general.—If the court is unwilling to allow the trustee or receiver to operate the vessel in foreign commerce without financial aid from the Government pending termination of the proceeding, and the Secretary certifies to the court that the continued operation of the vessel is essential to the foreign commerce of the United States and is reasonably calculated to carry out the purposes of this subtitle, the court may allow the Secretary to operate the vessel, either directly or through a managing agent or operator employed by the Secretary. The Secretary must agree to comply with terms imposed by the court sufficient to protect the parties in interest. The Secretary also must agree to pay all operating losses resulting from the operation. The operation shall be for the account of the trustee or receiver.

(2) Payment of operating losses and other amounts.—The Secretary has no claim against the corporation, its estate, or its assets for operating losses paid by the Secretary, but the Secretary may pay amounts for depreciation the Secretary considers reasonable and other amounts the court considers just. The payment of operating losses and the other amounts and compliance with terms imposed by the court shall be in satisfaction of any claim against the Secretary resulting from the operation of the vessel.

(3) Deemed operation by government.—A vessel operated by the Secretary under this subsection is deemed to be a vessel operated by the United States under chapter 309 of this title.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1565.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50305	46 App.:1247.	June 29, 1936, ch. 858, title IX, §908, as added Pub. L. 95–598, title III, §334, Nov. 6, 1978, 92 Stat. 2680; Pub. L. 97–31, §12(134), Aug. 6, 1981, 95 Stat. 165.

In subsection (a)(1), before subparagraph (A), the words "Notwithstanding any other provision of law" and "bankruptcy, equity, or admiralty" are omitted as unnecessary.

In subsection (a)(2), the words "but the Secretary may demand a hearing" are substituted for "unless the Secretary shall deem a hearing necessary" for clarity.

In subsection (b)(1), the words "subject to the orders of the court" and "comply with the terms imposed by the court" are omitted as unnecessary.

In subsection (b)(2), the words "operating losses paid by the Secretary" are substituted for "the amount of such payments" for clarity.

In subsection (b)(3), the words "vessel operated by the United States" are substituted for "vessel of the United States" for clarity and consistency with chapter 309.

§50306. Requiring testimony and records in investigations

(a) In General.—In conducting an investigation that the Secretary of Transportation considers necessary and proper to carry out this subtitle, the Secretary may administer oaths, take evidence, and subpoena persons to testify and produce documents relevant to the matter under investigation. Persons may be required to attend or produce documents from any place in the United States at any designated place of hearing.

(b) Fees and Mileage.—Persons subpoenaed by the Secretary under subsection (a) shall be paid the same fees and mileage paid to witnesses in the courts of the United States.

(c) Enforcement of Subpoenas.—If a person disobeys a subpoena issued under subsection (a), the Secretary may seek an order enforcing the subpoena from the district court of the United States for the district in which the person resides or does business. Process may be served in the judicial district in which the person resides or is found. The court may issue an order to obey the subpoena and punish a refusal to obey as a contempt of court.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1566.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50306	46 App.:1124.	June 29, 1936, ch. 858, title II, §214, 49 Stat. 1991; June 23, 1938, ch. 600, §3, 52 Stat. 954; Pub. L. 91–452, title II, §241, Oct. 15, 1970, 84 Stat. 930; Pub. L. 97–31, §12(72), Aug. 6, 1981, 95 Stat. 159; Pub. L. 98–237, §20(a), Mar. 20, 1984, 98 Stat. 89; Pub. L. 98–595, §2, Oct. 30, 1984, 98 Stat. 3132.

In subsection (a), the word "affirmations" is omitted as unnecessary because of the definition of "oath" in 1 U.S.C. 1. The words "or any territory, district, or possession thereof" are omitted as unnecessary because of the definition of "United States" in chapter 1 of the revised title.

Subsection (c) is substituted for the source provision to eliminate unnecessary words.

§50307. Maritime environmental and technical assistance program

(a) Emerging Marine Technologies and Practices.—

(1) In general.—The Secretary of Transportation, acting through the Maritime Administrator, shall engage in or support the study, research, development, assessment, and deployment of emerging marine technologies and practices related to the maritime transportation system through eligible entities.

(2) Components.—Under this subsection, the Secretary of Transportation shall identify, study, evaluate, test, demonstrate, improve, or support efforts related to, emerging marine technologies and practices to improve—

(A) environmental performance to meet United States Federal and international standards and guidelines, including—

(i) reducing air emissions, water emissions, or other ship discharges;

(ii) increasing fuel economy or the use of alternative fuels and alternative energy (including the use of shore power); or

(iii) controlling aquatic invasive species; or

(iv) reducing incidental vessel-generated underwater noise, such as noise from propeller cavitation or hydrodynamic flow; and

(B) the efficiency and safety of domestic maritime industries.

(3) Coordination.—Coordination with other Federal agencies or with State, local, or Tribal governments, as appropriate, under paragraph (2)(B) may include—

(A) activities that are associated with the development or approval of validation and testing regimes; and

(B) certification or validation of emerging technologies or practices that demonstrate significant environmental or other benefits to domestic maritime industries.

(4) Assistance.—The Secretary of Transportation may accept gifts, or enter into cooperative agreements, contracts, or other agreements with eligible entities to carry out the activities authorized under this subsection.

(5) Grants.—Subject to the availability of appropriations, the Maritime Administrator, may establish and carry out a competitive grant program to award grants to eligible entities for projects in the United States consistent with the goals of this subsection to study, evaluate, test, demonstrate, or apply technologies and practices to improve environmental performance.

(b) Uses.—The results of activities conducted under this section shall be used to inform—

(1) the policy decisions of the United States related to domestic regulations; and

(2) the position of the United States on matters before the International Maritime Organization.

(c) Vessels.—Activities carried out under a grant or cooperative agreement made under this section may be conducted on public vessels under the control of the Maritime Administration, upon approval of the Maritime Administrator.

(d) Eligible Entity Defined.—In this section, the term "eligible entity" means—

(1) a private entity, including a nonprofit organization;

(2) a State, regional, or local government or entity, including special districts;

(3) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) or a consortium of Indian Tribes;

(4) an institution of higher education as defined under section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); or

(5) a partnership or collaboration of entities described in paragraphs (1) through (4).

(e) Center for Maritime Innovation.—

(1) In general.—The Secretary of Transportation shall, through a cooperative agreement, establish a United States Center for Maritime Innovation (referred to in this subsection as the "Center") to support the study, research, development, assessment, and deployment of emerging marine technologies and practices related to the maritime transportation system.

(2) Selection.—The Center shall be—

(A) selected through a competitive process of eligible entities, and if a private entity, a domestic entity;

(B) based in the United States with technical expertise in emerging marine technologies and practices related to the maritime transportation system; and

(C) located in close proximity to eligible entities with expertise in United States emerging marine technologies and practices, including the use of alternative fuels and the development of both vessel and shoreside infrastructure.

(3) Coordination.—The Secretary of Transportation shall coordinate with other agencies critical for science, research, and regulation of emerging marine technologies for the maritime sector, including the Department of Energy, the Environmental Protection Agency, the National Science Foundation, and the Coast Guard, when establishing the Center.

(4) Functions.—The Center shall—

(A) support eligible entities regarding the development and use of clean energy and necessary infrastructure to support the deployment of clean energy on vessels of the United States;

(B) monitor and assess, on an ongoing basis, the current state of knowledge regarding emerging marine technologies in the United States;

(C) identify any significant gaps in emerging marine technologies research specific to the United States maritime industry, and seek to fill those gaps;

(D) conduct research, development, testing, and evaluation for equipment, technologies, and techniques to address the components under subsection (a)(2);

(E) provide—

(i) guidance on best available technologies;

(ii) technical analysis;

(iii) assistance with understanding complex regulatory requirements; and

(iv) documentation of best practices in the maritime industry, including training and informational webinars on solutions for the maritime industry; and

(F) work with academic and private sector response training centers and Domestic Maritime Workforce Training and Education Centers of Excellence to develop maritime strategies applicable to various segments of the United States maritime industry, including the inland, deep water, and coastal fleets.

(Added Pub. L. 112–213, title IV, §403(a), Dec. 20, 2012, 126 Stat. 1569; amended Pub. L. 116–92, div. C, title XXXV, §3503, Dec. 20, 2019, 133 Stat. 1969; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8504(b), Jan. 1, 2021, 134 Stat. 4747; Pub. L. 117–81, div. C, title XXXV, §3514, Dec. 27, 2021, 135 Stat. 2243; Pub. L. 117–263, div. C, title XXXV, §3543(a), Dec. 23, 2022, 136 Stat. 3098.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–263, §3543(a)(1), designated existing provisions as par. (1) and inserted subsec. heading.

Subsec. (a)(1). Pub. L. 117–263, §3543(a)(7)(A), inserted "or support" after "engage in" and substituted "eligible entities." for "the use of public vessels under the control of the Maritime Administration or private vessels under United States registry, and through partnerships and cooperative efforts with academic, public, private, and nongovernmental entities and facilities."

Subsec. (a)(2). Pub. L. 117–263, §3543(a)(4), (7)(B), redesignated subsec. (b) as par. (2), realigned margins, and substituted "this subsection" for "this section" and "improve, or support efforts related to," for "or improve" in introductory provisions.

Subsec. (a)(3). Pub. L. 117–263, §3543(a)(4), (7)(C), redesignated subsec. (c) as par. (3), realigned margins, and substituted "with other Federal agencies or with State, local, or Tribal governments, as appropriate, under paragraph (2)(B) may include" for "under subsection (b)(2) may include" in introductory provisions.

Subsec. (a)(4). Pub. L. 117–263, §3543(a)(4), (7)(D), redesignated subsec. (d) as par. (4), realigned margins, and substituted "eligible entities" for "academic, public, private, and nongovernmental entities and facilities" and "this subsection" for "subsection (a)".

Subsec. (a)(5). Pub. L. 117–263, §3543(a)(7)(E), added par. (5).

Subsec. (b). Pub. L. 117–263, §3543(a)(8), substituted "this section" for "subsection (b)(1)" in introductory provisions.

Pub. L. 117–263, §3543(a)(5), redesignated subsec. (e) as (b). Former subsec. (b) redesignated (a)(2).

Pub. L. 117–263, §3543(a)(2)(B), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively, and realigned margins.

Subsec. (b)(1). Pub. L. 117–263, §3543(a)(2)(A), redesignated subpars. (A) to (D) as cls. (i) to (iv), respectively, realigned margins, and substituted "incidental vessel-generated underwater noise, such as noise from propeller cavitation or hydrodynamic flow" for "propeller cavitation" in cl. (iv).

Subsec. (c). Pub. L. 117–263, §3543(a)(9), added subsec. (c). Former subsec. (c) redesignated (a)(3).

Pub. L. 117–263, §3543(a)(3), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively, and realigned margins.

Subsec. (d). Pub. L. 117–263, §3543(a)(9), added subsec. (d). Former subsec. (d) redesignated (a)(4).

Subsec. (e). Pub. L. 117–263, §3543(a)(9), added subsec. (e). Former subsec. (e) redesignated (b).

Subsec. (f). Pub. L. 117–263, §3543(a)(6), struck out subsec. (f). Text read as follows: "Not more than three percent of the funds appropriated to carry out this section may be used for administrative purposes."

2021—Subsec. (a). Pub. L. 116–283 substituted "maritime transportation" for "marine transportation".

Subsecs. (e), (f). Pub. L. 117–81 added subsec. (e) and redesignated former subsec. (e) as (f).

2019—Subsec. (a). Pub. L. 116–92, §3503(1), substituted "The Secretary of Transportation, acting through the Maritime Administrator, shall engage in the study" for "The Secretary of Transportation may engage in the environmental study".

Subsec. (b). Pub. L. 116–92, §3503(2), in introductory provisions of par. (1), substituted "shall identify, study, evaluate, test, demonstrate, or improve emerging marine technologies and practices to improve—" for "may—" and "environmental performance to meet United States Federal and international standards and guidelines, including—" for "(1) identify, study, evaluate, test, demonstrate, or improve emerging marine technologies and practices that are likely to achieve environmental improvements by—", in subpar. (C) of par. (1), substituted "species; or" for "species; and", added subpar. (D) of par. (1), and, in par. (2), substituted "the efficiency and safety of domestic maritime industries." for "coordinate with the Environmental Protection Agency, the Coast Guard, and other Federal, State, local, or tribal agencies, as appropriate."

Subsec. (c)(2). Pub. L. 116–92, §3503(3), substituted "or other benefits to domestic maritime industries" for "benefits".

Subsec. (e). Pub. L. 116–92, §3503(4), added subsec. (e).

Statutory Notes and Related Subsidiaries

Deadline for Implementation

Pub. L. 117–263, div. C, title XXXV, §3543(b), Dec. 23, 2022, 136 Stat. 3100, provided that: "The Secretary of Transportation shall establish the United States Center for Maritime Innovation under subsection (e) of section 50307 of title 46, United States Code, as added by subsection (a), by not later than one year after the date of the enactment of this Act [Dec. 23, 2022]."

§50308. Maritime transportation system emergency relief program

(a) General Authority.—The Maritime Administrator may make grants to, and enter into contracts and agreement with, eligible State and Tribal entities and eligible entities for—

(1) the costs of capital projects to protect, repair, reconstruct, or replace equipment and facilities of the United States maritime transportation system that the Maritime Administrator determines is in danger of suffering serious physical damage, or has suffered serious physical damage, as a result of an emergency; and

(2) eligible operating costs of United States maritime transportation equipment and facilities in an area directly affected by an emergency during—

(A) the one-year period beginning on the date of a declaration of an emergency referred to in subparagraph (A) or (B) of subsection (j)(4); and

(B) an additional one-year period beginning one year after the date of an emergency referred to in subparagraph (A) or (B) of subsection (j)(4), if the Maritime Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, determines there is a compelling need arising out of the emergency for which the declaration is made.

(b) Allocation.—

(1) In general.—The Maritime Administrator shall determine an appropriate method for the equitable allocation and distribution of funds under this section to eligible State and Tribal entities and eligible entities.

(2) Priority.—To the extent practicable, in allocating and distributing funds under this section, the Maritime Administrator shall give priority to applications submitted by eligible State or Tribal entities.

(c) Applications.—An applicant for assistance under this section shall submit an application for such assistance to the Maritime Administrator at such time, in such manner, and containing such information and assurances as the Maritime Administrator may require.

(d) Coordination of Emergency Funds.—

(1) Use of funds.—Funds appropriated to carry out this section shall be in addition to any other funds available under this chapter.

(2) No effect on other government activity.—The provision of funds under this section shall not affect the ability of any other agency of the Government, including the Federal Emergency Management Agency, or a State agency, a local governmental entity, organization, or person, to provide any other funds otherwise authorized by law.

(e) Grant Requirements.—A grant awarded under this section that is made to address an emergency referred to in subsection (j)(4)(B) shall be—

(1) subject to the terms and conditions the Maritime Administrator determines are necessary;

(2) made only for expenses that are not reimbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or any Federal, State, or local assistance program; and

(3) made only for expenses that are not reimbursed under any type of marine insurance.

(f) Federal Share of Costs.—The Federal share payable of the costs for which a grant is made under this section shall be 100 percent.

(g) Administrative Costs.—Of the amounts available to carry out this section, not more than two percent may be used for administration of this section.

(h) Quality Assurance.—The Maritime Administrator shall institute adequate policies, procedures, and internal controls to prevent waste, fraud, abuse, and program mismanagement for the distribution of funds under this section.

(i) Reports.—On an annual basis, the Maritime Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the financial assistance provided under this section during the year covered by the report. Each such report shall include, for such year, a description of such assistance provided and of how such assistance—

(1) affected the United States maritime transportation system;

(2) mitigated the financial impact of the emergency on the recipient of the assistance; and

(3) protected critical infrastructure in the United States.

(j) Definitions.—In this section:

(1) Eligible state or tribal entity.—The term "eligible State or Tribal entity" means—

(A) a port authority; or

(B) a vessel owned and operated by a State or Tribal government and facilities associated with the operation of such vessel.

(2) Eligible entity.—The term "eligible entity" means a public or private entity that is created or organized in the United States or under the laws of the United States, with significant operations in and a majority of its employees based in the United States, that is engaged in—

(A) vessel construction, transportation by water, or support activities for transportation by water with an assigned North American Industry Classification System code beginning with 3366, 483, 4883, or 6113, or in the case of such construction, transportation, or support activities conducted by a fish processing vessel, such an assigned code beginning with 3117; or

(B) as determined by the Secretary of Transportation—

(i) construction or water transportation related to activities described in subparagraph (A); or

(ii) maritime education and training.

(3) Eligible operating costs.—The term "eligible operating costs" means costs relating to—

(A) emergency response;

(B) cleaning;

(C) sanitization;

(D) janitorial services;

(E) staffing;

(F) workforce retention;

(G) paid leave;

(H) procurement and use of protective health equipment, testing, and training for employees and contractors;

(I) debt service payments;

(J) infrastructure repair projects;

(K) fuel; and

(L) other maritime transportation system operations, as determined by the Secretary of Transportation;

(4) Emergency.—The term "emergency" means a natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm, or landslide) or a catastrophic failure from any external cause, that impacts the United States maritime transportation system and as a result of which—

(A) the Governor of a State has declared an emergency and the Maritime Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, has concurred in the declaration;

(B) the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170);

(C) national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) is in effect; or

(D) a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) is in effect.

(Added Pub. L. 116–283, div. C, title XXXV, §3505(a), Jan. 1, 2021, 134 Stat. 4402; amended Pub. L. 118–31, div. C, title XXXV, §3514(e), Dec. 22, 2023, 137 Stat. 811.)

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (e)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

The National Emergencies Act, referred to in subsec. (j)(4)(C), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.

Amendments

2023—Subsec. (a)(2)(B). Pub. L. 118–31, §3514(e)(1), substituted "Federal Emergency Management Agency" for "Federal Emergency Management Administration".

Subsec. (j)(4)(A). Pub. L. 118–31, §3514(e)(2), substituted "Federal Emergency Management Agency" for "Federal Emergency Management Administration".

Statutory Notes and Related Subsidiaries

Inclusion of COVID–19 Pandemic Public Health Emergency

Pub. L. 116–283, div. C, title XXXV, §3505(c), Jan. 1, 2021, 134 Stat. 4405, provided that: "For purposes of section 50308 of title 46, United States Code, as added by subsection (a), the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic shall be treated as an emergency."

§50309. Securing logistics information data of the United States

(a) In General.—

(1) Prohibition.—A covered entity shall not use a covered logistics platform.

(2) Eligibility.—A covered entity that is found to use a covered logistics platform shall not be eligible to receive any Federal grant funding as long as the covered entity uses a covered logistics platform.

(b) Guidance.—The Secretary of Transportation shall—

(1) notify covered entities of the prohibition in subsection (a) as soon as practicable, including notice of funding opportunities for grant programs; and

(2) publish on a website of the Department of Transportation, and update regularly, a list of covered logistics platforms subject to the prohibition in subsection (a).

(c) Consultation.—In carrying out this section, the Secretary shall consult with—

(1) the Secretary of Defense;

(2) the Secretary of the Department in which the Coast Guard is operating;

(3) the Secretary of State; and

(4) the Secretary of Commerce.

(d) Waiver.—The Secretary of Transportation, in consultation with the Secretary of Defense, may waive the provisions of this section for a specific contract if the Secretary of Transportation—

(1) makes a determination that such waiver is vital to the national security of the United States; and

(2) submits to Congress a report justifying the use of such waiver and the importance of such waiver to the national security of the United States.

(e) Definitions.—In this section:

(1) Covered logistics platform.—The term "covered logistics platform" means a data exchange platform that utilizes or provides, in part or whole—

(A) the national transportation logistics public information platform (commonly referred to as "LOGINK") provided by the People's Republic of China, or departments, ministries, centers, agencies, or instrumentalities of the Government of the People's Republic of China;

(B) any national transportation logistics information platform provided by or sponsored by the People's Republic of China, or a controlled commercial entity; or

(C) a similar system provided by Chinese state-affiliated entities.

(2) Covered entity.—The term "covered entity" means—

(A) a port authority that receives funding after the date of the enactment of this section under—

(i) the port infrastructure development program under section 54301;

(ii) the maritime transportation system emergency relief program under section 50308; or

(iii) any Federal grant funding program;

(B) any marine terminal operator located on property owned by a port authority as described in subparagraph (A) or at a seaport described in subparagraph (D);

(C) any agency or instrumentality of the United States Government or that of a State; or

(D) a commercial strategic seaport within the National Port Readiness Network.

(Added Pub. L. 118–31, div. A, title VIII, §825(b)(1), Dec. 22, 2023, 137 Stat. 332.)

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (e)(2)(A), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.

Statutory Notes and Related Subsidiaries

Countering Adversary Logistics Information Technologies

Pub. L. 118–31, div. A, title VIII, §825, Dec. 22, 2023, 137 Stat. 332, provided that:

"(a) Countering the Spread of Covered Logistics Platforms.—

"(1) Contracting prohibition.—

"(A) In general.—The Secretary of Defense may not enter into a contract with an entity that provides data to covered logistics platforms.

"(B) Applicability.—This paragraph shall apply with respect to any contract entered into on or after the date that is 180 days after the date of the enactment of this subsection [Dec. 22, 2023].

"(2) Waiver.—The Secretary of Defense may waive the provisions of this subsection for a specific contract if the Secretary—

"(A) makes a determination that such waiver is vital to the national security of the United States; and

"(B) submits to Congress a report justifying the use of such waiver and the importance of such waiver to the national security of the United States.

"(3) Report.—Not later than one year after the date of the enactment of this subsection, and annually for three subsequent years, the Secretary of Defense shall submit to Congress a report on the implementation of this subsection.

"(b) Policy With Respect to Ports Accepting Federal Grant Money.—

"(1) [Enacted this section.]

"(2) [Amended analysis of chapter 503 of this title.]

"(3) Applicability.—Section 50309 of title 46, United States Code, as added by paragraph (1), shall apply with respect to any contract entered into on or after the date that is 180 days after the date of the enactment of this subsection [Dec. 22, 2023].

"(4) Reporting.—Not later than one year after the date of the enactment of this subsection, and annually for three subsequent years, the Secretary of Transportation shall submit to Congress a report on the implementation of section 50309 of title 46, United States Code, as added by paragraph (1).

"(c) Negotiations With Allies and Partners.—

"(1) Negotiations required.—The Secretary of State shall seek to enter into negotiations with United States ally and partner countries, including those described in paragraph (3), if the President determines that ports or other entities operating within the jurisdiction of such ally or partner countries are using or are considering using a covered logistics platform.

"(2) Elements.—As part of the negotiations described in paragraph (1), the President shall—

"(A) urge governments of such ally and partner countries to require entities within the jurisdiction of such governments to terminate the use of a covered logistics platform;

"(B) describe the threats posed by a covered logistics platform to United States military and strategic interests and the implications such threats may have for the presence of members of the Armed Forces of the United States in such countries;

"(C) urge governments to use their voice, influence, and vote to align with the United States and to counter attempts by foreign adversaries at international standards-setting bodies to adopt standards that incorporate a covered logistics platform; and

"(D) attempt to establish, through multilateral entities, bilateral or multilateral negotiations, military cooperation, and other relevant engagements or agreements, a prohibition on the use of a covered logistics platform.

"(3) Allies and partners described.—The countries and entities with which the President shall conduct negotiations described in this subsection shall include—

"(A) all countries party to a collective defense treaty or other collective defense arrangement with the United States;

"(B) India; and

"(C) Taiwan.

"(4) Report.—Not later than one year after the date of the enactment of this subsection [Dec. 22, 2023], the Secretary of State shall submit a report to the appropriate congressional committees describing—

"(A) the efforts made by the United States Government as of the date of the submission of the report in the negotiations described in this subsection; and

"(B) the actions taken by the governments of ally and partner countries pursuant to the negotiation priorities described in this subsection.

"(d) Definitions.—In this section:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committees on Armed Services, Foreign Affairs, and Transportation and Infrastructure of the House of Representatives; and

"(B) the Committees on Armed Services, Foreign Relations, and Commerce, Science, and Transportation of the Senate.

"(2) Covered logistics platform.—The term 'covered logistics platform' has the meaning given in section 50309 of title 46, United States Code, as added by this section.

"(3) Foreign adversary.—The term 'foreign adversary' means—

"(A) the People's Republic of China, including the Hong Kong and Macau Special Administrative Regions;

"(B) the Republic of Cuba;

"(C) the Islamic Republic of Iran;

"(D) the Democratic People's Republic of Korea;

"(E) the Russian Federation; and

"(F) the Bolivarian Republic of Venezuela under the regime of Nicolás Maduro Moros."