1625-0002 Stat/Authority

§ 307

TITLE 46—SHIPPING

the results of its investigations, a summary of its
transactions, the purposes for which all of its expenditures were made, and any recommendations
for legislation.
(b) Report on Foreign Laws and Practices.—
The Commission shall include in its annual report to Congress—
(1) a list of the 20 foreign countries that generated the largest volume of oceanborne liner
cargo for the most recent calendar year in bilateral trade with the United States;
(2) an analysis of conditions described in section 42302(a) of this title being investigated or
found to exist in foreign countries;
(3) any actions being taken by the Commission to offset those conditions;
(4) any recommendations for additional legislation to offset those conditions;
(5) a list of petitions filed under section 42302(b)
of this title that the Commission rejected and
the reasons for each rejection; and
(6) an analysis of the impacts on competition
for the purchase of certain covered services by
alliances of ocean common carriers acting pursuant to an agreement under this part 1 between
or among ocean common carriers, including a
summary of actions, including corrective actions,
taken by the Commission to promote such competition.
(c) Definition of Certain Covered Services.—
In this section, the term “certain covered services” has the meaning given the term in section
40102.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489;
Pub. L. 115–282, title VII, § 703, Dec. 4, 2018, 132
Stat. 4294.)
Historical and Revision Notes
Revised
Section

Source (U.S. Code)

306(a) ....... 46 App.:1118 (related
to Commission).

306(b) ....... 46 App.:1710a(g).

Source (Statutes at Large)
June 29, 1936, ch. 858, title II,
§ 208 (related to Commission),
49 Stat. 1988; Pub. L. 94–273,
§ 36, Apr. 21, 1976, 90 Stat. 380;
Pub. L. 97–31, § 12(65), Aug.
6, 1981, 95 Stat. 159.
Pub. L. 100–418, title X,
§ 10002(g), Aug. 23, 1988, 102
Stat. 1572.

In subsection (a), the words “a statement of all receipts under this chapter” are omitted as inapplicable to
the Commission.
Amendments
2018—Subsec. (b)(6). Pub. L. 115–282, § 703(1), added par.
(6).
Subsec. (c). Pub. L. 115–282, § 703(2), added subsec. (c).

§ 307. Expenditures
(a) In General.—The Federal Maritime Commission may make such expenditures as are necessary in the performance of its functions from
funds appropriated or otherwise made available
to it, which appropriations are authorized.
(b) Prohibition.—Notwithstanding subsection (a),
the Federal Maritime Commission may not expend any funds appropriated or otherwise made
available to it to a non-Federal entity to issue an
award, prize, commendation, or other honor that
1

So in original. Subtitle I of title 46 does not contain parts.

Page 472

is not related to the purposes set forth in section
40101.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1490;
Pub. L. 114–120, title IV, § 403, Feb. 8, 2016, 130
Stat. 67.)
Historical and Revision Notes
Revised
Section

Source (U.S. Code)

307 .......... 46 App.:1111(d) (related to Commission).

Source (Statutes at Large)
June 29, 1936, ch. 858, title II,
§ 201(d) (related to Commission), 49 Stat. 1986; Pub. L.
97–31, § 12(58)(B), Aug. 6, 1981,
95 Stat. 158.

The words “by this chapter”, “after June 29, 1936”, and
“further” are omitted as unnecessary.
Amendments
2016—Pub. L. 114–120 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).

§ 308. Authorization of appropriations
There is authorized to be appropriated to the
Federal Maritime Commission $28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019 for
the activities of the Commission authorized under
this chapter and subtitle IV.
(Added Pub. L. 114–120, title IV, § 401(a), Feb. 8,
2016, 130 Stat. 67; amended Pub. L. 115–282, title
VII, § 702, Dec. 4, 2018, 132 Stat. 4294.)
Amendments
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”.

CHAPTER 5—OTHER GENERAL PROVISIONS
Sec.

501.
502.
503.
504.
505.

Waiver of navigation and vessel-inspection laws.
Cargo exempt from forfeiture.
Notice of seizure.
Remission of fees and penalties.
Penalty for violating regulation or order.

§ 501. Waiver of navigation and vessel-inspection
laws
(a) On Request of Secretary of Defense.—
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.
(b) By Head of Agency.—
(1) In general.—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.
(2) Determinations.—The Maritime Administrator shall—
(A) for each determination referred to in
paragraph (1), identify any actions that could

Page 473

be taken to enable qualified United States flag
capacity to meet national defense requirements;
(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.
(3) 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 (2)(A) are not feasible.
(c) 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.)
Historical and Revision Notes
Revised
Section

§ 505

TITLE 46—SHIPPING

Source (U.S. Code)

501 .......... 46 App.:3 note prec.

Source (Statutes at Large)
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.
Amendments
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 amend-

ment, 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.”

§ 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)

502 .......... 46 App.:326.

Source (Statutes at Large)
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)

503 .......... 46 App.:327.

Source (Statutes at Large)
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 Mar-