Chapter 501 - Policy, Studies, and Reports

Page 325

sion authorized under this chapter and subtitle
IV.
(Added Pub. L. 114–120, title IV, § 401(a), Feb. 8,
2016, 130 Stat. 67, § 308; amended Pub. L. 115–282,
title VII, § 702, Dec. 4, 2018, 132 Stat. 4294; renumbered § 46108 and amended Pub. L. 116–283, div. G,
title LVXXXVI [LXXXVI], §§ 8602, 8605(a)(3), Jan.
1, 2021, 134 Stat. 4761, 4765; Pub. L. 117–146, § 26,
June 16, 2022, 136 Stat. 1286.)
Editorial Notes
AMENDMENTS
2022—Pub. L. 117–146 substituted ‘‘$32,869,000 for fiscal
year 2022, $38,260,000 for fiscal year 2023, $43,720,000 for
fiscal year 2024, and $49,200,000 for fiscal year 2025’’ for
‘‘$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal
year 2021’’.
2021—Pub. L. 116–283, § 8605(a)(3), renumbered section
308 of this title as this section.
Pub. L. 116–283, § 8602, substituted ‘‘$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal year 2021’’ for
‘‘$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal
year 2019’’.
2018—Pub. L. 115–282 substituted ‘‘$28,012,310 for fiscal
year 2018 and $28,544,543 for fiscal year 2019’’ for
‘‘$24,700,000 for each of fiscal years 2016 and 2017’’.

Subtitle V—Merchant Marine
PART A—GENERAL
Chapter

501.
503.
504.
505.

Sec.

Policy, Studies, and Reports ............
Administrative .....................................
Committees ...........................................
Other General Provisions .................

50101
50301
50401
50501

Chapter

515.
517.
519.
521.

General ..................................................
United States Merchant Marine
Academy .............................................
State Maritime Academy Support
Program .............................................
Other Support for Merchant Marine Training ....................................
Merchant Marine Awards .................
Miscellaneous .......................................

51101
51301
51501
51701
51901
52101

Vessel Trade-In Program .................. 57301
Construction, Charter, and Sale of
Vessels ................................................ 57501

581.

Restrictions and Penalties ................ 58101

PART G—RESTRICTIONS AND PENALTIES

Editorial Notes
AMENDMENTS
2023—Pub. L. 118–31, div. C, title XXXV, § 3514(f), Dec.
22, 2023, 137 Stat. 811, substituted ‘‘Marine Highways’’
for ‘‘Short Sea Transportation’’ in item for chapter 556.
2021—Pub. L. 117–81, div. C, title XXXV, §§ 3512(c)(2),
3513(d), Dec. 27, 2021, 135 Stat. 2239, 2242, added items for
chapters 504 and 543 and struck out item for chapter 555
‘‘Miscellaneous’’.
Pub. L. 116–283, div. C, title XXXV, § 3511(b), Jan. 1,
2021, 134 Stat. 4419, which directed amendment of this
analysis by adding item for chapter 534 ‘‘at the end’’,
was executed by adding the item for chapter 534 after
the item for chapter 533 to reflect the probable intent
of Congress.
2019—Pub. L. 116–92, div. C, title XXXV, § 3521(b), Dec.
20, 2019, 133 Stat. 1997, added item for chapter 532.
2008—Pub.
L.
110–181,
div.
C,
title
XXXV,
§ 3523(a)(6)(E), Jan. 28, 2008, 122 Stat. 600, added item for
chapter 541.
2007—Pub. L. 110–140, title XI, § 1121(b), Dec. 19, 2007,
121 Stat. 1762, added item for chapter 556.
2006—Pub. L. 109–304, § 8(a), Oct. 6, 2006, 120 Stat. 1555,
amended subtitle analysis generally. Prior to amendment, analysis consisted of item for chapter 531 ‘‘Maritime Security Fleet’’.

PART A—GENERAL
CHAPTER 501—POLICY, STUDIES, AND
REPORTS
Sec.

50101.
50102.
50103.
50104.
50105.
50106.
50107.
50108.

PART C—FINANCIAL ASSISTANCE PROGRAMS

531.
532.
533.
534.
535.
537.
539.
541.
543.

Maritime Security Fleet ....................
Cable Security Fleet ...........................
Construction Reserve Funds ............
Tanker Security Fleet ........................
Capital Construction Funds .............
Loans and Guarantees .......................
War Risk Insurance ............................
Miscellaneous .......................................
Port Infrastructure Development
Program .............................................

53101
53201
53301
53401
53501
53701
53901
54101
54301

PART D—PROMOTIONAL PROGRAMS

551.
553.
[555.
556.

Coastwise Trade .................................. 55101
Passenger and Cargo Preferences .. 55301
Transferred]
Marine Highways ................................ 55601

PART E—CONTROL OF MERCHANT MARINE CAPABILITIES

561.
563.
565.

Restrictions on Transfers ................. 56101
Emergency Acquisition of Vessels .. 56301
Essential Vessels Affected by Neutrality Act .......................................... 56501

PART F—GOVERNMENT-OWNED MERCHANT VESSELS

571.

General Authority ............................... 57101

Sec.

573.
575.

PART B—MERCHANT MARINE SERVICE

511.
513.

§ 50101

TITLE 46—SHIPPING

50109.
50110.
50111.
50112.
50113.
50114.

Objectives and policy.
Survey of merchant marine.
Determinations of essential services.
Studies of general maritime problems.
Studies and cooperation relating to the construction of vessels.
Studies on the operation of vessels.
Studies on marine insurance.
Studies on cargo carriage and cargo containers.
Miscellaneous studies.
Securing preference to vessels of the United
States.
Submission of annual MARAD authorization
request.
National Maritime Enhancement Institutes.
Use and performance reports by operators of
vessels.
National maritime strategy.
Editorial Notes
AMENDMENTS

2022—Pub. L. 117–263, div. C, title XXXV, § 3542(b)(3),
Dec. 23, 2022, 136 Stat. 3098, added item 50114.
2015—Pub. L. 114–92, div. A, title X, § 1074(c)(2), Nov.
25, 2015, 129 Stat. 997, substituted ‘‘Submission of annual MARAD authorization request’’ for ‘‘Reports to
Congress’’ in item 50111.

§ 50101. Objectives and policy
(a) OBJECTIVES.—It is necessary for the national defense and the development of the domestic and foreign commerce of the United
States that the United States have a merchant
marine—

§ 50102

TITLE 46—SHIPPING

(1) sufficient to carry the waterborne domestic commerce and a substantial part of the waterborne export and import foreign commerce
of the United States and to provide shipping
service essential for maintaining the flow of
the waterborne domestic and foreign commerce at all times;
(2) capable of serving as a naval and military
auxiliary in time of war or national emergency;
(3) owned and operated as vessels of the
United States by citizens of the United States;
(4) composed of the best-equipped, safest,
and most suitable types of vessels constructed
in the United States and manned with a
trained and efficient citizen personnel; and
(5) supplemented by efficient facilities for
building and repairing vessels.
(b) POLICY.—It is the policy of the United
States to encourage and aid the development
and maintenance of a merchant marine satisfying the objectives described in subsection (a).
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1556;
Pub. L. 111–84, div. C, title XXXV, § 3511, Oct. 28,
2009, 123 Stat. 2722.)
HISTORICAL AND REVISION NOTES
Revised
Section
50101 ..........

Source (U.S. Code)
46 App.:861.

46 App.:891.
46 App.:1101.

Source (Statutes at Large)
June 5, 1920, ch. 250, § 1, 41
Stat. 988; 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(33), Aug. 6, 1981,
95 Stat. 156.
May 22, 1928, ch. 675, § 1, 45
Stat. 689.
June 29, 1936, ch. 858, title I,
§ 101, 49 Stat. 1985; Pub. L.
91–469, § 1, Oct. 21, 1970, 84
Stat. 1018.

This section consolidates the source provisions to
eliminate repetition.
Editorial Notes
AMENDMENTS
2009—Subsec. (a)(4). Pub. L. 111–84 inserted ‘‘constructed in the United States’’ after ‘‘vessels’’.

§ 50102. Survey of merchant marine
(a) IN GENERAL.—The Secretary of Transportation shall survey the merchant marine of the
United States to determine whether replacements and additions are required to carry out
the objectives and policy of section 50101 of this
title. The Secretary shall study, perfect, and
adopt a long-range program for replacements
and additions that will result, as soon as practicable, in—
(1) an adequate and well-balanced merchant
fleet, including vessels of all types, that will
provide shipping service essential for maintaining the flow of foreign commerce by vessels designed to be readily and quickly convertible into transport and supply vessels in a
time of national emergency;
(2) ownership and operation of the fleet by
citizens of the United States insofar as practicable;
(3) vessels designed to afford the best and
most complete protection for passengers and
crew against fire and all marine perils; and

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(4) an efficient capacity for building and repairing vessels in the United States with an
adequate number of skilled personnel to provide an adequate mobilization base.
(b) COOPERATION WITH SECRETARY OF NAVY.—
In carrying out subsection (a)(1), the Secretary
of Transportation shall cooperate closely with
the Secretary of the Navy as to national defense
requirements.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1557.)
HISTORICAL AND REVISION NOTES
Revised
Section
50102 ..........

Source (U.S. Code)
46 App.:1120.

Source (Statutes at Large)
June 29, 1936, ch. 858, title
II, § 210, 49 Stat. 1989; Pub.
L. 91–469, §§ 3, 35(a), Oct.
21, 1970, 84 Stat. 1018, 1035;
Pub.L. 97–31, § 12(67) (related to § 210), Aug. 6, 1981,
95 Stat. 159.

§ 50103. Determinations of essential services
(a) ESSENTIAL SERVICES, ROUTES, AND LINES.—
(1) IN GENERAL.—The Secretary of Transportation shall investigate, determine, and keep
current records of the ocean services, routes,
and lines from ports in the United States, or
in the territories and possessions of the United
States, to foreign markets, which the Secretary determines to be essential for the promotion, development, expansion, and maintenance of the foreign commerce of the United
States. In making such a determination, the
Secretary shall consider and give due weight
to—
(A) the cost of maintaining each line;
(B) the probability that a line cannot be
maintained except at a heavy loss disproportionate to the benefit to foreign trade;
(C) the number of voyages and types of
vessels that should be employed in a line;
(D) the intangible benefit of maintaining a
line to the foreign commerce of the United
States, the national defense, and other national requirements; and
(E) any other facts and conditions a prudent business person would consider when
dealing with the person’s own business.
(2) SAINT LAWRENCE SEAWAY.—For purposes
of paragraph (1), the Secretary shall establish
services, routes, and lines that reflect the seasonal closing of the Saint Lawrence Seaway
and provide for alternate routing of vessels
through a different range of ports during that
closing to maintain continuity of service on a
year-round basis.
(b) BULK CARGO CARRYING SERVICES.—The Secretary shall investigate, determine, and keep
current records of the bulk cargo carrying services that should be provided by vessels of the
United States (whether or not operating on particular services, routes, or lines) for the promotion, development, expansion, and maintenance of the foreign commerce of the United
States and the national defense or other national requirements.
(c) TYPES OF VESSELS.—The Secretary shall
investigate, determine, and keep current records
of the type, size, speed, method of propulsion,