r/title-46-SHIPPING wiki — defined terms

“major project” applies in that section

The term “major project” means a project estimated to cost at least $1,000,000 for— (A) the purchase or other procurement of real or personal property; or (B) the construction, renovation, or repair of real or personal property. (2) Major united states commercial bank .—

“major United States commercial bank” applies in that section

The term “major United States commercial bank” means a commercial bank that— (A) is an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(h) )); (B) is headquartered in the United States; and (C) has total net assets of an amount considered by the Maritime Administrator to qualify the bank as a major bank. (3) Major united states investment management firm .—

“major United States investment management firm” applies in that section

The term “major United States investment management firm” means— (A) any broker or dealer (as such terms are defined in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c )); (B) any investment adviser or provider of investment supervisory services (as such terms are defined in section 202 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2 )); or (C) a major United States commercial bank that— (i) is headquartered in the United States; and (ii) holds for the account of others investment assets in a total amount considered by the Maritime Administrator to qualify the bank as a major investment management firm.

“critical position” applies in that section

the term “critical position” means a position that contributes to the improvement of— (1) the culture or infrastructure of the Academy; (2) student health and well being; (3) Academy governance; or (4) any other priority areas identified by the Council.

“civilian nautical school” applies in that section

the term “civilian nautical school” means a school operated in the United States (except the United States Merchant Marine Academy, a State maritime academy, or another school operated by the United States Government) that offers instruction to individuals quartered on a vessel primarily to train them for service in the merchant marine. (b) Inspection .— Each civilian nautical school is subject to inspection by the Secretary of Transportation.

“Arctic” applies in that section

The term “Arctic” has the meaning that term has under section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 ). (3) Career and technical education .—

“career and technical education” applies in that section

The term “career and technical education” has the meaning given such term in section 3(5) of the Carl D. Perkins Career and Technical Education Act 2 ( 20 U.S.C. 2302 ). (4) Secretary .—

“covered training entity” applies in that section

The term “covered training entity” means an entity that— (A) is located in a State that borders on the— (i) Gulf of Mexico; (ii) Atlantic Ocean; (iii) Long Island Sound; (iv) Pacific Ocean; (v) Great Lakes; or (vi) Mississippi River System; (B) is— (i) a postsecondary educational institution (as such term is defined in section 3(39) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )); (ii) a postsecondary vocational institution (as such term is defined in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C.

“Secretary” applies in that section

The term “Secretary” means the Secretary of Transportation. (5) Training program .—

“training program” applies in that section

The term “training program” means a program that provides training services, as described in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act ( Public Law 113–128 ; 29 U.S.C. 3174 ). (6) United states maritime industry .—

“United States maritime industry” applies in that section

The term “United States maritime industry” means the design, construction, repair, operation, manning, and supply of vessels in all segments of the maritime transportation system of the United States, including— (A) the domestic and foreign trade; (B) the coastal, offshore, and inland trade; (C) non-commercial maritime activities, including— (i) recreational boating; and (ii) oceanographic and limnological research as described in section 2101(26).

“bulk cargo” applies throughout its chapter

The term “bulk cargo” means cargo that is loaded and carried in bulk without mark or count. (2) Contractor .—

“contractor” applies throughout its chapter

The term “contractor” means an owner or operator of a vessel that enters into an operating agreement for the vessel with the Secretary under section 53103. (3) Fleet .—

“Fleet” applies throughout its chapter

The term “Fleet” means the Maritime Security Fleet established under section 53102(a). (4) Foreign commerce .—

“foreign commerce” applies throughout its chapter

The term “foreign commerce” means— (A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and (B) commerce or trade between foreign countries. (5) Participating fleet vessel .—

“participating fleet vessel” applies throughout its chapter

The term “participating fleet vessel” means any vessel that— (A) on October 1, 2015 — (i) meets the requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and (ii) is less than 20 years of age if the vessel is a tank vessel, or is less than 25 years of age for all other vessel types; and (B) on December 31, 2014 , is covered by an operating agreement under this chapter. (6) Person .—

“person” applies throughout its chapter

The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country. (7) Product tank vessel .—

“product tank vessel” applies throughout its chapter

The term “product tank vessel” means a double hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products. (8) Secretary .—

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Transportation. (9) Tank vessel .—

“tank vessel” applies throughout its chapter

The term “tank vessel” has the meaning that term has under section 2101 of this title . (10) United states .—

“United States” applies throughout its chapter

The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands. (11) United states citizen trust .— (A) Subject to subparagraph (C),

“United States citizen trust” applies throughout its chapter

the term “United States citizen trust” means a trust that is qualified under this paragraph. (B) A trust is qualified under this paragraph with respect to a vessel only if— (i) each of the trustees is a citizen of the United States; and (ii) the application for documentation of the vessel under chapter 121 of this title includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit …

“United States-documented vessel” applies throughout its chapter

The term “United States-documented vessel” means a vessel documented under chapter 121 of this title.

“participates in a noncontiguous domestic trade” applies in that section

the term “participates in a noncontiguous domestic trade” means directly or indirectly owns, charters, or operates a vessel engaged in transportation of cargo between a point in the contiguous 48 States and a point in Alaska, Hawaii, or Puerto Rico, other than a point in Alaska north of the Arctic Circle.

“Agreement” applies throughout its chapter

The terms “Operating Agreement” or “Agreement” mean the agreement required by section 53203. (9) Person .—

“Cable Fleet” applies throughout its chapter

The term “Cable Fleet” means the Cable Security Fleet established under section 53202(a). (4) Contingency agreement .—

“cable services” applies throughout its chapter

The term “cable services” means the installation, maintenance, or repair of submarine cables and related equipment, and related cable vessel operations. (2) Cable vessel .—

“cable vessel” applies throughout its chapter

The term “cable vessel” means a vessel— (A) classed as a cable ship or cable vessel by, and designed in accordance with the rules of, the American Bureau of Shipping, or another classification society accepted by the Secretary; and (B) capable of installing, maintaining, and repairing submarine cables. (3) Cable fleet .—

“Contingency Agreement” applies throughout its chapter

The term “Contingency Agreement” means the agreement required by section 53207. (5) Contractor .—

“Contractor” applies throughout its chapter

The term “Contractor” means an owner or operator of a vessel that enters into an Operating Agreement for a cable vessel with the Secretary under section 53203. (6) Fiscal year .—

“fiscal year” applies throughout its chapter

The term “fiscal year” means any annual period beginning on October 1 and ending on September 30. (7) Operating agency .—

“Operating Agency” applies throughout its chapter

The term “Operating Agency” means that agency or component of the Department of Defense so designated by the Secretary of Defense under this chapter. (8) Operating agreement or agreement .—

“Operating Agreement” applies throughout its chapter

The terms “Operating Agreement” or “Agreement” mean the agreement required by section 53203. (9) Person .—

“person” applies throughout its chapter

The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country. (10) Secretary .—

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Transportation. (11) United states .—

“United States” applies throughout its chapter

The term “United States” includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. (12) United states citizen trust .— (A) Subject to paragraph (C),

“United States citizen trust” applies throughout its chapter

the term “United States citizen trust” means a trust that is qualified under this paragraph. (B) A trust is qualified under this paragraph with respect to a vessel only if— (i) it was created under the laws of a state of the United States; (ii) each of the trustees is a citizen of the United States; and (iii) the application for documentation of the vessel under chapter 121 of this title includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would …

“construction contract” applies throughout its chapter

The term “construction contract” includes, for a taxpayer constructing a new vessel in a shipyard owned by that taxpayer, an agreement between the taxpayer and the Secretary of Transportation for that construction containing provisions the Secretary considers advisable to carry out this chapter. (2) New vessel .—

“new vessel” applies throughout its chapter

The term “new vessel” means— (A) a vessel— (i) constructed in the United States after December 31, 1939 , constructed with a construction-differential subsidy under title V of the Merchant Marine Act, 1936, or constructed with financing or a financing guarantee under chapter 537 or 575 of this title; (ii) documented or agreed with the Secretary to be documented under the laws of the United States; and (iii) (I) of a type, size, and speed that the Secretary determines is suitable for use on the high seas or Great Lakes in carrying out this subtitle, but not less than 2,000 gross tons or less than 12 knots speed unless the Secretary certifies in each case that a vessel of lesser tonnage or …

“foreign commerce” applies throughout its chapter

The term “foreign commerce” means— (A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and (B) commerce or trade between foreign countries. (2) Participating fleet vessel .—

“long term charter” applies throughout its chapter

The term “long term charter” means any time charter of a product tank vessel to the United States Government that, together with options, occurs for a continuous period of more than 180 days.

“participating Fleet vessel” applies throughout its chapter

The term “participating Fleet vessel” means any product tank vessel covered by an operating agreement under this chapter on or after January 1, 2022 , that— (A) meets the requirements of one of paragraphs (1) through (4) of section 53402(b) of this title ; and (B) is no more than 20 years of age. (3) Person .—

“person” applies throughout its chapter

The term “person” includes corporations, partnerships, and associations existing under, or authorized by, laws of the United States, or any State, territory, district, or possession thereof, or any foreign country. (4) Product tank vessel .—

“product tank vessel” applies throughout its chapter

The term “product tank vessel” means a double-hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products. (5) Program participant .—

“program participant” applies throughout its chapter

The term “program participant” means an owner or operator of a vessel that enters into an operating agreement covering a participating fleet vessel with the Secretary under section 53403. (6) Secretary .—

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Transportation, unless the context indicates otherwise. (7) United states citizen trust .—

“United States citizen trust” applies throughout its chapter

The term “United States citizen trust”— (A) means a trust for which— (i) each of the trustees is a citizen of the United States; and (ii) the application for documentation of the vessel under chapter 121 of this title includes an affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person who is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation …

“participates in a noncontiguous domestic trade” applies in that section

the term “participates in a noncontiguous domestic trade” means directly or indirectly owns, charters, or operates a vessel engaged in transportation of cargo between a point in the contiguous 48 States and a point in Alaska, Hawaii, or Puerto Rico, other than a point in Alaska north of the Arctic Circle.

“agreement vessel” applies throughout its chapter

The term “agreement vessel” means— (A) an eligible vessel or a qualified vessel that is subject to an agreement under this chapter; and (B) a barge or container that is part of the complement of a vessel described in subparagraph (A) if provided for in the agreement. (2) Eligible vessel .—

“eligible vessel” applies throughout its chapter

The term “eligible vessel” means— (A) a vessel— (i) constructed in the United States (and, if reconstructed, reconstructed in the United States), constructed outside the United States but documented under the laws of the United States on April 15, 1970 , or constructed outside the United States for use in the United States foreign trade pursuant to a contract made before April 15, 1970 ; (ii) documented under the laws of the United States; and (iii) operated in the foreign or domestic trade of the United States or in the fisheries of the United States; and (B) a commercial fishing vessel— (i) constructed in the United States and, if reconstructed, reconstructed in the United States; (ii) of …

“joint regulations” applies throughout its chapter

The term “joint regulations” means regulations prescribed jointly by the Secretary and the Secretary of the Treasury under section 53502(b) of this title . (4) Noncontiguous trade .—

“noncontiguous trade” applies throughout its chapter

The term “noncontiguous trade” means— (A) trade between— (i) one of the contiguous 48 States; and (ii) Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and (B) trade between— (i) a place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and (ii) another place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States. (5) Qualified vessel .—

“qualified vessel” applies throughout its chapter

The term “qualified vessel” means— (A) a vessel— (i) constructed in the United States (and, if reconstructed, reconstructed in the United States), constructed outside the United States but documented under the laws of the United States on April 15, 1970 , or constructed outside the United States for use in the United States foreign trade pursuant to a contract made before April 15, 1970 ; (ii) documented under the laws of the United States; and (iii) agreed, between the Secretary and the person maintaining the capital construction fund established under section 53503 of this title , to be operated in the foreign or domestic trade of the United States or in the fisheries of the United …

“Secretary” applies throughout its chapter

The term “Secretary” means— (A) the Secretary of Commerce with respect to an eligible vessel or a qualified vessel operated or to be operated in the fisheries of the United States; and (B) the Secretary of Transportation with respect to other vessels. (7) Short sea transportation trade .—

“short sea transportation trade” applies throughout its chapter

The term “short sea transportation trade” means the carriage by vessel of cargo— (A) that is— (i) contained in intermodal cargo containers and loaded by crane on the vessel; or (ii) loaded on the vessel by means of wheeled technology; and (B) that is— (i) loaded at a port in the United States and unloaded either at another port in the United States or at a port in Canada located in the Great Lakes Saint Lawrence Seaway System; or (ii) loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States. (8) United states foreign trade .—

“United States foreign trade” applies throughout its chapter

The term “United States foreign trade” includes those areas in domestic trade in which a vessel built with a construction-differential subsidy is allowed to operate under the first sentence of section 506 of the Merchant Marine Act, 1936. (9) Vessel .—

“vessel” applies throughout its chapter

The term “vessel” includes— (A) cargo handling equipment that the Secretary determines is intended for use primarily on the vessel; and (B) an ocean-going towing vessel, an ocean-going barge, or a comparable towing vessel or barge operated on the Great Lakes.

“old fund” applies in that section

the term “old fund” means a capital construction fund maintained before October 21, 1970 . (b) Election To Maintain Old Fund .— A person maintaining an old fund may elect to continue the old fund, but may not— (1) hold amounts in the old fund beyond the expiration date provided in the agreement under which the old fund is maintained (determined without regard to an extension or renewal made after April 14, 1970 ); or (2) maintain simultaneously the old fund and a new fund established under this chapter.

“actual cost” applies throughout its chapter

The term “actual cost” means the sum of— (A) all amounts paid by or for the account of the obligor as of the date on which a determination is made under section 53715(d)(1) of this title ; and (B) all amounts that the Secretary or Administrator reasonably estimates the obligor will become obligated to pay from time to time thereafter, for the construction, reconstruction, or reconditioning of the vessel, including guarantee fees that will become payable under section 53714 of this title in connection with all obligations issued for construction, reconstruction, or reconditioning of the vessel or equipment to be delivered, and all obligations issued for the delivered vessel or equipment.

“Administrator” applies throughout its chapter

The term “Administrator” means the Administrator of the Maritime Administration. (3) Construction, reconstruction, and reconditioning .—

“construction” applies throughout its chapter

The terms “construction”, “reconstruction”, and “reconditioning” include designing, inspecting, outfitting, and equipping. (4) Depreciated actual cost .— The term “depreciated actual cost” of a vessel means— (A) if the vessel was not reconstructed or reconditioned, the actual cost of the vessel depreciated on a straight line basis over the useful life of the vessel as determined by the Secretary or Administrator, not to exceed 25 years from the date of delivery by the builder; or (B) if the vessel was reconstructed or reconditioned, the sum of— (i) the actual cost of the vessel depreciated on a straight line basis from the date of delivery by the builder to the date of the reconstruction or …

“fishery facility” applies throughout its chapter

the term “fishery facility” means— (i) for operations on land— (I) a structure or appurtenance thereto designed for the unloading and receiving from vessels, the processing, the holding pending processing, the distribution after processing, or the holding pending distribution, of fish from a fishery; (II) the land necessary for the structure or appurtenance; and (III) equipment that is for use with the structure or appurtenance and that is necessary for performing a function referred to in subclause (I); (ii) for operations not on land, a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, the processing of fish; or (iii) for aquaculture, …

“fishing vessel” applies throughout its chapter

The term “fishing vessel” has the meaning given that term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 ), and any reference in this chapter to a vessel designed principally for commercial use in the fishing trade or industry is deemed to be a reference to a fishing vessel. (7) Historical uses .—

“historical uses” applies throughout its chapter

The term “historical uses” includes— (A) refurbishing, repairing, rebuilding, or replacing equipment on a fishing vessel, without materially increasing harvesting capacity; (B) purchasing a used fishing vessel; (C) purchasing, constructing, expanding, or reconditioning a fishery facility; (D) refinancing existing debt; (E) reducing fishing capacity; and (F) making upgrades to a fishing vessel, including upgrades in technology, gear, or equipment, that improve— (i) collection and reporting of fishery-dependent data; (ii) bycatch reduction or avoidance; (iii) gear selectivity; (iv) adverse impacts caused by fishing gear; or (v) safety. (8) Mortgage .—

“mortgage” applies throughout its chapter

The term “mortgage” includes— (A) a preferred mortgage as defined in section 31301 of this title ; and (B) a mortgage on a vessel that will become a preferred mortgage when filed or recorded under chapter 313 of this title. (9) Obligation .—

“obligation” applies throughout its chapter

The term “obligation” means an instrument of indebtedness issued for a purpose described in section 53706 of this title , except— (A) an obligation issued by the Secretary or Administrator under section 53723 of this title ; and (B) an obligation eligible for investment of funds under section 53715(f) or 53717 of this title. (10) Obligee .—

“obligee” applies throughout its chapter

The term “obligee” means the holder of an obligation. (11) Obligor .—

“obligor” applies throughout its chapter

The term “obligor” means a party primarily liable for payment of the principal of or interest on an obligation. (12) Ocean thermal energy conversion facility or plantship .—

“ocean thermal energy conversion facility or plantship” applies throughout its chapter

The term “ocean thermal energy conversion facility or plantship” means an at-sea facility or vessel, whether mobile, floating unmoored, moored, or standing on the seabed, that uses temperature differences in ocean water to produce electricity or another form of energy capable of being used directly to perform work, and includes— (A) equipment installed on the facility or vessel to use the electricity or other form of energy to produce, process, refine, or manufacture a product; (B) a cable or pipeline used to deliver the electricity, freshwater, or product to shore; and (C) other associated equipment and appurtenances of the facility or vessel to the extent they are located seaward of the …

“reconditioning” applies throughout its chapter

The terms “construction”, “reconstruction”, and “reconditioning” include designing, inspecting, outfitting, and equipping. (4) Depreciated actual cost .— The term “depreciated actual cost” of a vessel means— (A) if the vessel was not reconstructed or reconditioned, the actual cost of the vessel depreciated on a straight line basis over the useful life of the vessel as determined by the Secretary or Administrator, not to exceed 25 years from the date of delivery by the builder; or (B) if the vessel was reconstructed or reconditioned, the sum of— (i) the actual cost of the vessel depreciated on a straight line basis from the date of delivery by the builder to the date of the reconstruction or …

“reconstruction” applies throughout its chapter

The terms “construction”, “reconstruction”, and “reconditioning” include designing, inspecting, outfitting, and equipping. (4) Depreciated actual cost .— The term “depreciated actual cost” of a vessel means— (A) if the vessel was not reconstructed or reconditioned, the actual cost of the vessel depreciated on a straight line basis over the useful life of the vessel as determined by the Secretary or Administrator, not to exceed 25 years from the date of delivery by the builder; or (B) if the vessel was reconstructed or reconditioned, the sum of— (i) the actual cost of the vessel depreciated on a straight line basis from the date of delivery by the builder to the date of the reconstruction or …

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Commerce with respect to fishing vessels and fishery facilities. (14) Vessel .—

“vessel” applies throughout its chapter

The term “vessel” means any type of vessel, whether in existence or under construction, including— (A) a cargo vessel; (B) a passenger vessel; (C) a combination cargo and passenger vessel; (D) a tanker; (E) a tug or towboat; (F) a barge; (G) a dredge; (H) a floating drydock with a capacity of at least 35,000 lifting tons and a beam of at least 125 feet between the wing walls; (I) an oceanographic research vessel; (J) an instruction vessel; (K) a pollution treatment, abatement, or control vessel; (L) a fishing vessel whose ownership meets the citizenship requirements under section 50501 of this title for documenting vessels to operate in the coastwise trade; and (M) an ocean thermal energy …

“Vessel of National Interest” applies throughout its chapter

The term “Vessel of National Interest” means a vessel deemed to be of national interest that meets characteristics determined by the Administrator, in consultation with the Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, or the heads of other Federal agencies, as described in section 53703(d).

“cost” applies in that section

the term “cost” has the meaning given that term in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (2) System of risk categories .— The Secretary or Administrator shall— (A) establish, and update annually, a system of risk categories for obligations guaranteed under this chapter that categorizes the relative risk of guarantees based on the risk factors set forth in paragraph (4); (B) determine annually for each risk category a subsidy rate equivalent to the cost of obligations in the category, expressed as a percentage of the amount guaranteed for obligations in the category; and (C) ensure that each risk category is comprised of loans that are relatively homogeneous …

“FCRA” applies in that section

the term “FCRA” means the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq.). (b) Loan Guarantees by Administrator .— (1) When not subject to fcra .— The Administrator shall account for payments and disbursements involving obligations guaranteed under this chapter and not subject to FCRA in an account in the Treasury entitled the Federal Ship Financing Fund Liquidating Account (a liquidating account as defined in FCRA).

“advanced shipbuilding technology” applies in that section

The term “advanced shipbuilding technology” includes— (A) numerically controlled machine tools, robots, automated process control equipment, computerized flexible manufacturing systems, associated computer software, and other technology for improving shipbuilding and related industrial production that advance the state-of-the-art; and (B) novel techniques and processes designed to improve shipbuilding quality, productivity, and practice, and to promote sustainable development, including engineering design, quality assurance, concurrent engineering, continuous process production technology, energy efficiency, waste minimization, design for recyclability or parts reuse, inventory management, …

“general shipyard facility” applies in that section

The term “general shipyard facility” means— (A) for operations on land— (i) a structure or appurtenance thereto designed for the construction, reconstruction, repair, rehabilitation, or refurbishment of a vessel, including a graving dock, building way, ship lift, wharf, or pier crane; (ii) the land necessary for the structure or appurtenance; and (iii) equipment that is for use with the structure or appurtenance and that is necessary for performing a function referred to in clause (i); and (B) for operations not on land, a vessel, floating drydock, or barge built in the United States and used for, equipped to be used for, or of a type normally used for, performing a function referred to in …

“modern shipbuilding technology” applies in that section

The term “modern shipbuilding technology” means the best available proven technology, techniques, and processes appropriate to enhancing the productivity of shipyards. (b) General Authority .— Under subchapter I of this chapter, the Administrator may guarantee or make a commitment to guarantee the payment of the principal of and interest on an obligation for advanced shipbuilding technology and modern shipbuilding technology of a general shipyard facility in the United States. Only a private shipyard is eligible to receive a guarantee.

“program” applies in that section

the term “program” means a fishing capacity reduction program established under section 312 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a ). (b) Guarantee Authority .— The Secretary may guarantee the repayment of debt obligations issued by entities under this section. Debt obligations to be guaranteed may be issued by any entity that has been approved by the Secretary and has agreed with the Secretary to conditions the Secretary considers necessary for this section to achieve the objective of the program and to protect the interest of the United States.

“American vessel” applies throughout its chapter

The term “American vessel” includes— (A) a documented vessel with a registry or coastwise endorsement under chapter 121 of this title; (B) an undocumented vessel owned or chartered by or made available to the United States Government; and (C) a tug, barge, or other watercraft (whether or not documented) owned by a citizen of the United States and used in essential water transportation or in the fisheries, except only for sport fishing. (2) Cargo .—

“cargo” applies throughout its chapter

The term “cargo” includes a loaded or empty container on a vessel. (3) Transportation in the waterborne commerce of the united states .—

“transportation in the waterborne commerce of the United States” applies throughout its chapter

The term “transportation in the waterborne commerce of the United States” includes the operation of a vessel in the fisheries, except only for sport fishing. (4) War risks .—

“war risks” applies throughout its chapter

The term “war risks” includes, to the extent the Secretary of Transportation determines— (A) any part of a loss excluded from marine insurance coverage under a “free of capture or seizure” clause or analogous clause; and (B) any other loss from a hostile act, including confiscation, expropriation, nationalization, or deprivation.

“commercially available off-the-shelf item” applies in that section

The term “commercially available off-the-shelf item” means— (I) any item of supply (including construction material) that is— (aa) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020); and (bb) sold in substantial quantities in the commercial marketplace; and (II) does not include bulk cargo, as defined in section 40102(4) of this title , such as agricultural products and petroleum products.;

“product or material” applies in that section

The term “product or material” means an article, material, or supply brought to the site by the recipient for incorporation into the building, work, or project. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.;

“small shipyard” applies in that section

the term “small shipyard” means a shipyard facility in one geographic location that does not have more than 1,200 employees.

“United States” applies in that section

The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. (e) Matching Requirements; Allocation.— (1) Federal funding .— Federal funds for any eligible project under this section shall not exceed 75 percent of the total cost of such project. (2) Allocation of funds.— (A) In general .— The Administrator may not award more than 25 percent of the funds made available to carry out this section for any fiscal year to any small shipyard in one geographic location that has more than 600 employees.

“covered applicant” applies in that section

the term “covered applicant” means an applicant under this subsection that is not otherwise eligible under subsection (b). (B) Solicitation process .— Not later than 90 days after the date that amounts are made available for grants under this subsection or subsection (b) for a fiscal year, the Secretary shall solicit grant applications for eligible projects in accordance with this subsection.

“port” applies in that section

The term “port” includes— (i) any port on the navigable waters of the United States; and (ii) any harbor, marine terminal, or other shore side facility used principally for the movement of goods on inland waters (including the Great Lakes). (B) Project .—

“project” applies in that section

The term “project” includes construction, reconstruction, environmental rehabilitation, acquisition of property, including land related to the project and improvements to the land, equipment acquisition, and operational improvements. (C) Rural area .—

“resilience” applies in that section

The term “resilience” means the ability to anticipate, prepare for, adapt to, withstand, respond to, and recover from operational disruptions and sustain critical operations at ports, including disruptions caused by natural or manmade hazards, such as sea level rise, flooding, earthquakes, hurricanes, tsunami inundation or other extreme weather events. (E) Strategic seaport defined .— In this subsection

“rural area” applies in that section

The term “rural area” means an area that is outside an urbanized area. (D) Resilience .—

“strategic seaport” applies in that section

the term “strategic seaport” means a military port or commercial port that is subject to a port planning order or Basic Ordering Agreement (or both) that is projected to be used for the deployment of forces and shipment of ammunition or sustainment supplies in support of military operations.

“merchandise” applies in that section

the term “merchandise” includes— (1) merchandise owned by the United States Government, a State, or a subdivision of a State; and (2) valueless material. (b) Requirements .— Except as otherwise provided in this chapter or chapter 121 of this title, a vessel may not provide any part of the transportation of merchandise by water, or by land and water, between points in the United States to which the coastwise laws apply, either directly or via a foreign port, unless the vessel— (1) is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and (2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 or is exempt …

“certificate” applies in that section

The term “certificate” means a certificate of financial responsibility for indemnification of passengers for nonperformance of transportation issued by the Federal Maritime Commission under section 44102 of this title . (2) Passenger vessel .—

“passenger vessel” applies in that section

The term “passenger vessel” means a vessel of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b). (b) Exemption .— Except as otherwise provided in this section, a vessel not qualified to engage in the coastwise trade may transport passengers between a port in Puerto Rico and another port in the United States.

“coastwise qualified vessel” applies in that section

The term “coastwise qualified vessel” means a vessel that has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of this title. (2) Platform jacket .— The term “platform jacket” refers to a single physical component and includes any type of offshore exploration, development, or production structure or component thereof, including— (A) platform jackets; (B) tension leg or SPAR platform superstructures (including the deck, drilling rig and support utilities, and supporting structure); (C) hull (including vertical legs and connecting pontoons or vertical cylinder); (D) tower and base sections of a platform jacket; (E) jacket structures; and (F) deck …

“floating dry dock” applies in that section

the term “floating dry dock” means equipment with wing walls and a fully submersible deck.

“high-risk waters” applies in that section

the term “high-risk waters” means waters so designated by the Commandant of the Coast Guard in the maritime security directive issued by the Commandant and in effect on the date on which an applicable voyage begins, if the Secretary of Transportation— (A) determines that an act of piracy occurred in the 12-month period preceding the date the voyage begins; or (B) in such period, issued an advisory warning that an act of piracy is possible in such waters.

“base period” applies in that section

the term “base period” means the 5-year period running from the sixth through the second prior fiscal years. (b) Requirement .— For each fiscal year, the minimum quantity of agricultural commodities to be exported under programs specified in section 55314(b) of this title is the average of the tonnage exported under those programs during the base period, discarding the high and low years.

“American Great Lakes vessel” applies throughout its subchapter

The term “American Great Lakes vessel” means a vessel so designated under section 55332 of this title , but only during the period the designation is in effect. (2) Great lakes .—

“Great Lakes” applies throughout its subchapter

The term “Great Lakes” means Lake Superior, Lake Michigan, Lake Huron, Lake Erie, Lake Ontario, the Saint Lawrence River west of Saint Regis, New York, and their connecting and tributary waters. (3) Great lakes shipping season .—

“Great Lakes shipping season” applies throughout its subchapter

The term “Great Lakes shipping season” means the period each year during which the Saint Lawrence Seaway is open for navigation by vessels, as declared by the Great Lakes St. Lawrence Seaway Development Corporation.

“eligible entity” applies in that section

the term “eligible entity” means— (A) a State, a political subdivision of a State, or a local government; (B) a United States metropolitan planning organization; (C) a United States port authority; (D) a Tribal government; or (E) a United States private sector operator of marine highway projects or private sector owners of facilities, including an Alaska Native Corporation, with an endorsement letter from the requester of a marine highway route designation or modification referred to in subsection (b)(1)(B).

“Alaska Native Corporation” applies throughout its chapter

The term “Alaska Native Corporation” has the meaning given the term “Native Corporation” under section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ).

“marine highway transportation” applies throughout its chapter

The term “marine highway transportation” means the carriage by a documented vessel of cargo (including such carriage of cargo and passengers), if such cargo— (A) is— (i) contained in intermodal cargo containers and loaded by crane on the vessel; (ii) loaded on the vessel by means of wheeled technology, including roll-on roll-off cargo; (iii) shipped in discrete units or packages that are handled individually, palletized, or unitized for purposes of transportation; (iv) bulk, liquid, or loose cargo loaded in tanks, holds, hoppers, or on deck; or (v) freight vehicles carried aboard commuter ferry boats; and (B) is— (i) loaded at a port in the United States and unloaded either at another port …

“Tribal government” applies throughout its chapter

The term “Tribal government” means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently, as of the date of enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ).;

“documented” applies in that section

the term “documented” means, with respect to a vessel, that a certificate of documentation has been issued for the vessel under chapter 121.

“essential vessel” applies throughout its chapter

the term “essential vessel” means a vessel that is— (1) (A) security for a mortgage indebtedness to the United States Government; or (B) constructed under this subtitle or required by a contract under this subtitle to be operated on a certain essential foreign trade route; and (2) necessary in the interests of commerce and national defense to be maintained in condition for prompt use.

“obsolete vessel” applies throughout its chapter

the term “obsolete vessel” means a vessel that— (1) is or will be in the custody and control of the Maritime Administration for purposes of disposing of the vessel; and (2) has been determined by the Secretary of Transportation to be of insufficient value, with respect to the programs of the Maritime Administration, to warrant— (A) preserving for future use or spare parts harvesting; or (B) retaining in the National Defense Reserve Fleet.

“covered vessel” applies in that section

the term “covered vessel” means— (1) a government owned vessel disposed of in accordance with this part and section 548 of title 40 ; (2) a vessel seized or forfeited pursuant to any law, and auctioned by the Federal Government, including a vessel seized or forfeited pursuant to section 7301 or 7302 of the Internal Revenue Code of 1986; or (3) a fishing vessel seized or forfeited pursuant to section 310 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1860 ).

“new vessel” applies throughout its chapter

The term “new vessel” means a vessel— (A) constructed under this subtitle and acquired within 2 years after the date of completion; or (B) constructed in a domestic shipyard on private account and not under this subtitle, and documented under the laws of the United States. (2) Obsolete vessel .—

“obsolete vessel” applies throughout its chapter

The term “obsolete vessel” means a vessel that— (A) is of at least 1,350 gross tons; (B) the Secretary of Transportation believes should, because of its age, obsolescence, or other reasons, be replaced in the public interest; and (C) has been owned by a citizen of the United States for at least 3 years immediately before its acquisition under this chapter.

“experimental vessel” applies in that section

the term “experimental vessel” means a vessel owned by the United States Government (including a vessel in the National Defense Reserve Fleet) that has been constructed, reconditioned, or remodeled for experimental or testing purposes. (b) Authority To Operate .— The Secretary of Transportation, for the purpose of practical development, trial, and testing, may operate an experimental vessel under a bareboat charter or general agency agreement in the foreign or domestic trade of the United States or for use for the account of a department or agency of the Government, without regard to other provisions of this subtitle and other laws related to chartering and general agency operations.

“de-identified” applies in that section

The term “de-identified” means the process by which all information that is likely to establish the identity of the specific persons or entities noted in the reports, data, or other information is removed from the reports, data, or other information.

“hazardous liquid cargo” applies in that section

The term “hazardous liquid cargo” has the meaning given that term in regulations prescribed under section 5103 of title 49 . (2) Marine casualty .—

“inherently governmental function” applies in that section

the term “inherently governmental function” means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of judgment in making a decision for the Government. (4) Disclosure .— The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near miss incidents. (e) Performance Evaluation.— (1) In general .— The Secretary shall develop and implement a standard method for evaluating the performance of vessel traffic service centers.

“marine casualty” applies in that section

The term “marine casualty” has the meaning given that term in regulations prescribed under section 6101(a). (3) Vessel traffic service area .—

“near miss incident” applies in that section

The term “near miss incident” means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the substantial threat of a marine casualty. (6) De-identified .—

“vessel traffic service area” applies in that section

The term “vessel traffic service area” means an area specified in subpart C of part 161 of title 33, Code of Federal Regulations, or any successor regulation. (4) Vessel traffic service center .—

“vessel traffic service center” applies in that section

The term “vessel traffic service center” means a center for the provision of vessel traffic services in a vessel traffic service area. (5) Near miss incident .—

“pipeline” applies in that section

the term “pipeline” has the meaning given the term “pipeline facility” in section 60101(a)(18) of title 49 .

“laser pointer” applies in that section

the term “laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.

“marine environment” applies in that section

The term “marine environment” means— (A) the navigable waters of the United States and the land and resources therein and thereunder; (B) the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority; (C) the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof, and the waters superjacent thereto; and (D) the recreational, economic, and scenic values of such waters and resources.;

“navigable waters of the United States” applies in that section

The term “navigable waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988 .

“Secretary” applies in that section

The term “Secretary” means the Secretary of the department in which the Coast Guard is operating, except that such term means the Secretary of Transportation with respect to the application of this chapter to the Saint Lawrence Seaway.;

“territorial waters of the United States” applies throughout its subchapter

The term “territorial waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988 .

“United States” applies throughout its subchapter

The term “United States” includes all territory and waters, continental or insular, subject to the jurisdiction of the United States. (2) Territorial waters .—

“Area Maritime Transportation Security Plan” applies throughout its chapter

The term “Area Maritime Transportation Security Plan” means an Area Maritime Transportation Security Plan prepared under section 70103(b).;

“cybersecurity risk” applies throughout its chapter

The term “cybersecurity risk” has the meaning given the term in section 2200 of the Homeland Security Act of 2002.;

“facility” applies throughout its chapter

The term “facility” means any structure or facility of any kind located in, on, under, or adjacent to any waters subject to the jurisdiction of the United States.;

“National Maritime Transportation Security Plan” applies throughout its chapter

The term “National Maritime Transportation Security Plan” means the National Maritime Transportation Security Plan prepared and published under section 70103(a).;

“owner or operator” applies throughout its chapter

The term “owner or operator” means— (A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel; and (B) in the case of a facility, any person owning, leasing, or operating such facility.;

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.;

“transportation security incident” applies throughout its chapter

The term “transportation security incident” means a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area. In this paragraph, the term “economic disruption” does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employee-employer dispute.

“especially hazardous cargo” applies in that section

the term “especially hazardous cargo” means anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and any other substance, material, or group or class of material, in a particular amount and form that the Secretary determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce. (f) Nondisclosure of Port Security Plans .— Notwithstanding any other provision of law, information related to security plans, procedures, or programs for passenger vessels or passenger terminals authorized under this chapter is not required to be disclosed to the public.

“alien” applies in that section

the term “alien” has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(3) ). (g) Applications for Merchant Mariners’ Documents .— The Administrator of the Transportation Security Administration and the Commandant of the Coast Guard shall— (1) develop and, no later than 2 years after the date of enactment of the Elijah E.

“reimbursable costs” applies in that section

the term “reimbursable costs” means costs incurred by any service provider acting in conformity with a lawful order of the Federal government or in conformity with the instructions of the vessel operator; and;

“service provider” applies in that section

the term “service provider” means any port authority, facility or terminal operator, shipping agent, Federal, State, or local government agency, or other person to whom the management of the vessel at the port of supply is entrusted, for— (A) services rendered to or in relation to vessel crew on board the vessel, or in transit to or from the vessel, including accommodation, detention, transportation, and medical expenses; and (B) required handling of cargo or other items on board the vessel.

“biometric identification” applies in that section

the term “biometric identification” means use of fingerprint and digital photography images and facial and iris scan technology and any other technology considered applicable by the Department of Homeland Security.

“law enforcement agency” applies throughout its subchapter

The term “law enforcement agency” means an agency of a State, a political subdivision of a State, or a Federally recognized tribe that is authorized by law to supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (2) Security zone .—

“security zone” applies throughout its subchapter

The term “security zone” means a security zone, established by the Commandant of the Coast Guard or the Commandant’s designee pursuant to section 70051 or section 70116(b), for a vessel carrying especially hazardous cargo when such vessel— (A) enters, or operates within, the internal waters of the United States and the territorial sea of the United States; or (B) transfers such cargo or residue in any port or place, under the jurisdiction of the United States, within the territorial sea of the United States or the internal waters of the United States.

“public safety personnel” applies in that section

the term “public safety personnel” includes any Federal, State (or political subdivision thereof), territorial, or Tribal law enforcement officer, firefighter, or emergency response provider.

“common carrier” applies throughout its chapter

The term “common carrier” has the meaning given that term in section 40102 of this title . (2) Passenger vessel .—

“passenger vessel” applies throughout its chapter

The term “passenger vessel” has the meaning given that term in section 2101 of this title . (3) Secretary .—

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.

“semi-submersible vessel” applies throughout its chapter

The term “semi-submersible vessel” means any watercraft constructed or adapted to be capable of operating with most of its hull and bulk under the surface of the water, including both manned and unmanned watercraft. (2) Submersible vessel .—

“submersible vessel” applies throughout its chapter

The term “submersible vessel” means a vessel that is capable of operating completely below the surface of the water, including both manned and unmanned watercraft.

“vessel of the United States” applies throughout its chapter

the term “vessel of the United States” means— (1) a vessel documented under chapter 121 of this title or numbered as provided in chapter 123 of this title; (2) a vessel owned in any part by an individual who is a citizen of the United States, the United States Government, the government of a State or political subdivision of a State, or a corporation incorporated under the laws of the United States or of a State, unless— (A) the vessel has been granted the nationality of a foreign nation under article 5 of the 1958 Convention on the High Seas; and (B) a claim of nationality or registry for the vessel is made by the master or individual in charge at the time of the enforcement action by an …