§ 4502. Safety standards

Footnotes

1. 1 So in original. Probably should be followed by a comma.
2. 2 So in original. Period probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Commercial Fishing Industry Vessel Act

   Pub. L. 98–364 title IV § 402(7)(C) · 98 Stat. 440

   Enacted · 46 U.S.C. § 4502

   Added Pub. L. 98–364, title IV, § 402(7)(C), July 17, 1984, 98 Stat. 447

   Source evidence

   Code source credit
   Added Pub. L. 98–364, title IV, § 402(7)(C), July 17, 1984, 98 Stat. 447

   Enacted provision · exact public law section
   (C) Part B is amended by adding the following immediately after chapter 43: “CHAPTER 45— FISH PROCESSING VESSELS “Sec. “4501. Application. “4502. Regulations. “4503. Equivalency. “4504. Penalties. “§ 4501. Application “(a) This chapter applies to an uninspected fish processing vessel entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products— “(1) on the navigable waters of the United States; or (2) owned in the United States and operating on the high seas. “(b) This chapter does not apply to the carriage of liquid bulk dangerous cargoes regulated under chapter 37 of this title. 97 Stat. 520. 46 USC 3701 et seq. 46 USC 4502. “§ 4502. Regulations “(a) For each vessel to which this chapter applies, the Secretary shall prescribe regulations for— (1) navigation equipment, including radars, fathometers, compasses, radar reflectors, lights, sound-producing devices, nautical charts, and anchors; (2) life saving equipment, including life preservers, exposure suits, lifeboats or life rafts, emergency position indicating radio beacons, signaling devices, bilge pumps, bilge alarms, life- and grabrails, and medicine chests; (3) fire protection and firefighting equipment, including fire alarms, portable and semi-portable fire extinguishing equipment, and flame arrestors; (4) the use and installation of insulation material; (5) storage methods for flammable or combustible material; and (6) fuel, ventilation, and electrical systems. “(b) In prescribing regulations under subsection (a) of this section, the Secretary shall— (1) consider the specialized nature and economics of fish processing vessel operations and the character, design, and construction of fish processing vessels; (2) consult with representatives of the private sector having experience in the operation of these vessels to ensure the practicability of these regulations; and (3) not compel alteration of a vessel to which the exemption applies or item of equipment on that vessel, or of the construction of a vessel or manufacture of a particular item of equipment which is begun before the effective date of the regulation. “§ 4503. Equivalency “A vessel to which this chapter applies shall be deemed to comply with the requirements of this chapter if it has an unexpired certificate of inspection issued by a foreign country that is a party to an International Convention for Safety of Life at Sea to which the United States Government is currently a party and shall not be required by the Secretary to alter or replace the equipment or structural requirements required under this chapter. “§ 4504. Penalties “If a vessel to which this chapter applies is operated in violation of this chapter or a regulation prescribed under this chapter, the owner, charterer, managing operator, agent, master, and individual in charge are each liable to the United States Government for a civil penalty of not more than $1,000. The vessel also is liable in rem for the penalty.”.

2. 1984

   Coast Guard Authorization Act of 1984

   Pub. L. 98–557 § 33(a) · 98 Stat. 2860

   Substituted · 46 U.S.C. § 4502(b)(3)

   Pub. L. 98–557 substituted “this chapter” for “the exemption”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 98–557 substituted “this chapter” for “the exemption”.

   Enacted provision · exact public law section
   (a) Section 4502(b)(3) of title 46, United States Code, is amended by striking “the exemption” and inserting in lieu thereof “this chapter”.

3. 1988

   Commercial Fishing Industry Vessel Safety Act of 1988

   Pub. L. 100–424 § 2(a) · 102 Stat. 1585

   1. Amended · 46 U.S.C. § 4502

      Pub. L. 100–424 amended section generally

   2. Substituted · 46 U.S.C. § 4502

      Pub. L. 100–424 substituting “Safety standards” for “Regulations” in section catchline

   3. Added · 46 U.S.C. § 4502

      Pub. L. 100–424 adding subsecs. (a) and (b)

   4. Redesignated · 46 U.S.C. § 4502

      Pub. L. 100–424 redesignating former subsec. (a) as (c) and establishing list of standards as minimum safety standards, in addition to requirements of subsecs. (a) and (b), for vessels built after Dec. 31, 1988, or that undergo major conversion completed after that date, that operate with more than 16 individuals on board

   5. Added · 46 U.S.C. § 4502

      Pub. L. 100–424 adding subsec. (d)

   6. Redesignated · 46 U.S.C. § 4502

      Pub. L. 100–424 redesignating former subsec. (b) as (e)

   7. Struck · 46 U.S.C. § 4502

      Pub. L. 100–424 striking out provisions which required Secretary to consult with representatives of private sector, experienced in operation of these vessels, to ensure practicability of regulations

   8. Added · 46 U.S.C. § 4502

      Pub. L. 100–424 adding subsec. (f)

   Source evidence

   Code amendment note
   Pub. L. 100–424 amended section generally, substituting “Safety standards” for “Regulations” in section catchline, adding subsecs. (a) and (b), redesignating former subsec. (a) as (c) and establishing list of standards as minimum safety standards, in addition to requirements of subsecs. (a) and (b), for vessels built after Dec. 31, 1988, or that undergo major conversion completed after that date, that operate with more than 16 individuals on board, adding subsec. (d), redesignating former subsec. (b) as (e) and striking out provisions which required Secretary to consult with representatives of private sector, experienced in operation of these vessels, to ensure practicability of regulations, and adding subsec. (f).

   Enacted provision · exact public law section
   (a) In General.— Chapter 45 of title 46, United States Code, is amended to read as follows: “CHAPTER 45— UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS “Sec. “4501. Application. “4502. Safety standards. “4503. Fish processing vessel certification. “4504. Prohibited acts. “4505. Termination of unsafe operations. “4506. Exemptions. “4507. Penalties. “4508. Commercial Fishing Industry Vessel Advisory Committee. “§ 4501. Application “(a) This chapter applies to an uninspected vessel which is a fishing vessel, fish processing vessel, or fish tender vessel. “(b) This chapter does not apply to the carriage of bulk dangerous cargoes regulated under chapter 37 of this title. “§ 4502. Safety standards “(a) The Secretary shall prescribe regulations which require that each vessel to which this chapter applies shall be equipped with— “(1) readily accessible fire extinguishers capable of promptly and effectively extinguishing a flammable or combustible liquid fuel fire; “(2) at least one readily accessible life preserver or other lifesaving device for each individual on board; “(3) an efficient flame arrestor, backfire trap, or other similar device on the carburetors of each inboard engine which uses gasoline as fuel; “(4) the means to properly and efficiently ventilate enclosed spaces, including engine and fuel tank compartments, so as to remove explosive or flammable gases; “(5) visual distress signals; “(6) a buoyant apparatus, if the vessel is of a type required by regulations prescribed by the Secretary to be equipped with that apparatus; “(7) alerting and locating equipment, including emergency position indicating radio beacons, on vessels that operate on the high seas; and “(8) a placard as required by regulations prescribed under section 10603(b) of this title. “(b) In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations for documented vessels to which this chapter applies that operate beyond the Boundary Line or that operate with more than 16 individuals on board, for the installation, maintenance, and use of— “(1) alerting and locating equipment, including emergency position indicating radio beacons; “(2) lifeboats or life rafts sufficient to accommodate all individuals on board; “(3) at least one readily accessible immersion suit for each individual on board that vessel when operating on the waters described in section 3102 of this title; “(4) radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities; “(5) navigation equipment, including compasses, radar reflectors, nautical charts, and anchors; “(6) first aid equipment, including medicine chests; and “(7) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment. “(c) In addition to the requirements described in subsections (a) and (b) of this section, the Secretary may prescribe regulations establishing minimum safety standards for vessels to which this chapter applies that were built after December 31, 1988, or that undergo a major conversion completed after that date, and that operate with more than 16 individuals on board, including standards relating to— “(1) navigation equipment, including radars and fathometers; “(2) life saving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails; “(3) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment; “(4) use and installation of insulation material; “(5) storage methods for flammable or combustible material; and “(6) fuel, ventilation, and electrical systems. “(d) (1) The Secretary shall prescribe regulations for the operating stability of a vessel to which this chapter applies— “(A) that was built after December 31, 1989; or “(B) the physical characteristics of which are substantially altered after December 31, 1989, in a manner that affects the vessel’s operating stability. “(2) The Secretary may accept, as evidence of compliance with this subsection, a certification of compliance issued by the person providing insurance for the vessel or by another qualified person approved by the Secretary. “(e) In prescribing regulations under this chapter, the Secretary— “(1) shall consider the specialized nature and economics of the operations and the character, design, and construction of the vessel; and “(2) may not require the alteration of a vessel or associated equipment that was constructed or manufactured before the effective date of the regulation. “(f) The Secretary shall examine a fish processing vessel at least once every two years to ensure that the vessel complies with the requirements of this chapter. “§ 4503. Fish processing vessel certification “(a) A fish processing vessel to which this section applies may not be operated unless the vessel— “(1) meets all survey and classification requirements prescribed by the American Bureau of Shipping or another similarly qualified organization approved by the Secretary; and “(2) has on board a certificate issued by the American Bureau of Shipping or that other organization evidencing compliance with this subsection. “(b) This section applies to a fish processing vessel to which this chapter applies that— “(1) is built after July 27, 1990; or “(2) undergoes a major conversion completed after that date. “§ 4504. Prohibited acts “A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter. “§ 4505. Termination of unsafe operations “An official authorized to enforce this chapter— “(1) may direct the individual in charge of a vessel to which this chapter applies to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the official observes the vessel being operated in an unsafe condition that the official believes creates an especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and to remain there until the situation creating the hazard is corrected or ended; and “(2) may order the individual in charge of an uninspected fish processing vessel that does not have on board the certificate required under section 4503(1) of this title to return the vessel to a mooring and to remain there until the vessel is in compliance with that section. “§ 4506. Exemptions “(a) The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that— “(1) good cause exists for granting an exemption; and “(2) the safety of the vessel and those on board will not be adversely affected. “(b) A vessel to which this chapter applies is exempt from section 4502(b)(2) of this title if it— “(1) is less than 36 feet in length; and “(2) is not operating on the high seas. “§ 4507. Penalties “(a) The owner, charterer, managing operator, agent, master, and individual in charge of a vessel to which this chapter applies which is operated in violation of this chapter or a regulation prescribed under this chapter may each be assessed a civil penalty by the Secretary of not more than $5,000. Any vessel with respect to which a penalty is assessed under this subsection is liable in rem for the penalty. “(b) A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both. “§ 4508. Commercial Fishing Industry Vessel Advisory Committee “(a) The Secretary shall establish a Commercial Fishing Industry Vessel Advisory Committee. The Committee— “(1) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to the safe operation of vessels to which this chapter applies, including navigation safety, safety equipment and procedures, marine insurance, vessel design, construction, maintenance and operation, and personnel qualifications and training; “(2) may review proposed regulations under this chapter; “(3) may make available to Congress any information, advice, and recommendations that the Committee is authorized to give to the Secretary; and “(4) shall meet at the call of the Secretary, who shall call such a meeting at least once during each calendar year. “(b) (1) The Committee shall consist of seventeen members with particular expertise, knowledge, and experience regarding the commercial fishing industry as follows: “(A) ten members from the commercial fishing industry who— “(i) reflect a regional and representational balance; and “(ii) have experience in the operation of vessels to which this chapter applies or as a crew member or processing line worker on an uninspected fish processing vessel; “(B) three members from the general public, including, whenever possible, an independent expert or consultant in maritime safety and a member of a national organization composed of persons representing owners of vessels to which this chapter applies and persons representing the marine insurance industry; “(C) one member representing each of— “(i) naval architects or marine surveyors; “(ii) manufacturers of equipment for vessels to which this chapter applies; “(iii) education or training professionals related to fishing vessel, fish processing vessel, or fish tender vessel safety or personnel qualifications; and “(iv) underwriters that insure vessels to which this chapter applies. “(2) At least once each year, the Secretary shall publish a notice in the Federal Register and in newspapers of general circulation in coastal areas soliciting nominations for membership on the Committee, and, after timely notice is published, appoint the members of the Committee. An individual may be appointed to a term as a member of the Committee more than once. “(3) (A) A member of the Committee shall serve a term of three years. “(B) If a vacancy occurs in the membership of the Committee, the Secretary shall appoint a member to fill the remainder of the vacated term. “(4) The Committee shall elect one of its members as the Chairman and one of its members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. “(5) The Secretary shall, and any other interested agency may, designate a representative to participate as an observer with the Committee. These representatives shall, as appropriate, report to and advise the Committee on matters relating to vessels to which this chapter applies which are under the jurisdiction of their respective agencies. The Secretary’s designated representative shall act as executive secretary for the Committee and perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 App. U.S.C.). “(c) (1) The Secretary shall, whenever practicable, consult with the Committee before taking any significant action relating to the safe operation of vessels to which this chapter applies. “(2) The Secretary shall consider the information, advice, and recommendations of the Committee in consulting with other agencies and the public or in formulating policy regarding the safe operation of vessels to which this chapter applies. “(d) (1) A member of the Committee who is not an officer or employee of the United States or a member of the Armed Forces, when attending meetings of the Committee or when otherwise engaged in the business of the Committee, is entitled to receive— “(A) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS–18 of the General Schedule under section 5332 of title 5 including travel time; and “(B) travel or transportation expenses under section 5703 of title 5. “(2) Payments under this section do not render a member of the Committee an officer or employee of the United States or a member of the Armed Forces for any purpose. “(3) A member of the Committee who is an officer or employee of the United States or a member of the Armed Forces may not receive additional pay based on the member’s service to the Committee. “(4) The provisions of this section relating to an officer or employee of the United States or a member of the Armed Forces do not apply to a member of a reserve component of the Armed Forces unless that member is in an active status. “(e) (1) The Federal Advisory Committee Act (5 U.S.C. App. 1 et Termination date. seq.) applies to the Committee, except that the Committee terminates on September 30, 1992. “(2) Two years prior to the termination date referred to in paragraph (1) of this subsection, the Committee shall submit to Congress its recommendation regarding whether the Committee should be renewed and continued beyond the termination date.”.

4. 1990

   Aleutian Trade Act of 1990

   Pub. L. 101–595 § 602(c)(1) · 104 Stat. 2979

   Amended · 46 U.S.C. § 4502(b)

   Pub. L. 101–595, § 602(c)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations for documented vessels to which this chapter applies that operate beyond the Boundary Line or that operate with more than 16 individuals on board, for the installation, maintenance, and use of—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–595, § 602(c)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations for documented vessels to which this chapter applies that operate beyond the Boundary Line or that operate with more than 16 individuals on board, for the installation, maintenance, and use of—

   “(1) alerting and locating equipment, including emergency position indicating radio beacons; “(2) lifeboats or liferafts sufficient to accommodate all individuals on board; “(3) at least one readily accessible immersion suit for each individual on board that vessel when operating on the waters described in section 3102 of this title; “(4) radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities; “(5) navigation equipment, including compasses, radar reflectors, nautical charts, and anchors; “(6) first aid equipment, including medicine chests; and “(7) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment.”

   Enacted provision · exact public law section
   (1) Section 4502 (b) and (c) of title 46, United States Code, is amended to read as follows: “(b) (1) In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations requiring the installation, maintenance, and use of the equipment in paragraph (2) of this subsection for documented vessels to which this chapter applies that— “(A) operate beyond the Boundary Line; “(B) operate with more than 16 individuals on board; or “(C) in the case of a fish tender vessel, engage in the Aleutian trade. “(2) The equipment to be required is as follows: “(A) alerting and locating equipment, including emergency position indicating radio beacons; “(B) lifeboats or liferafts sufficient to accommodate all individuals on board; “(C) at least one readily accessible immersion suit for each individual on board that vessel when operating on the waters described in section 3102 of this title; “(D) radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities; “(E) navigation equipment, including compasses, radar reflectors, nautical charts, and anchors; “(F) first aid equipment, including medicine chests; and “(G) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary deter-mines that a risk of serious injury exists that can be eliminated or mitigated by that equipment. “(c) (1) In addition to the requirements described in subsections (a) and (b) of this section, the Secretary may prescribe regulations establishing the standards in paragraph (2) of this subsection for vessels to which this chapter applies that— “(A) (i) were built after December 31, 1988, or undergo a major conversion completed after that date; and “(ii) operate with more than 16 individuals on board; or “(B) in the case of a fish tender vessel, engage in the Aleutian trade. “(2) The standards shall be minimum safety standards, including standards relating to— “(A) navigation equipment, including radars and fathometers; “(B) lifesaving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails; “(C) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment; “(D) use and installation of insulation material; “(E) storage methods for flammable or combustible material; and “(F) fuel, ventilation, and electrical systems.”.

   Effective date note
   Pub. L. 101–595, title VI, § 602(f), Nov. 16, 1990, 104 Stat. 2992, provided that: “This section [amending this section and sections 2102, 3302, 5102, 8104, and 8702 of this title, and enacting provisions set out as a note under section 7306 of this title] is effective on the date of enactment of this section [Nov. 16, 1990] except as follows:

5. 1990

   Aleutian Trade Act of 1990

   Pub. L. 101–595 § 602(c)(1) · 104 Stat. 2979

   Amended · 46 U.S.C. § 4502(c)

   Pub. L. 101–595, § 602(c)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “In addition to the requirements described in subsections (a) and (b) of this section, the Secretary may prescribe regulations establishing minimum safety standards for vessels to which this chapter applies that were built after December 31, 1988, or that undergo a major conversion completed after that date, and that operate with more than 16 individuals on board, including standards relating to—

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–595, § 602(c)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “In addition to the requirements described in subsections (a) and (b) of this section, the Secretary may prescribe regulations establishing minimum safety standards for vessels to which this chapter applies that were built after December 31, 1988, or that undergo a major conversion completed after that date, and that operate with more than 16 individuals on board, including standards relating to—

   “(1) navigation equipment, including radars and fathometers; “(2) life saving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails; “(3) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment; “(4) use and installation of insulation material; “(5) storage methods for flammable or combustible material; and “(6) fuel, ventilation, and electrical systems.”

   Enacted provision · exact public law section
   (1) Section 4502 (b) and (c) of title 46, United States Code, is amended to read as follows: “(b) (1) In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations requiring the installation, maintenance, and use of the equipment in paragraph (2) of this subsection for documented vessels to which this chapter applies that— “(A) operate beyond the Boundary Line; “(B) operate with more than 16 individuals on board; or “(C) in the case of a fish tender vessel, engage in the Aleutian trade. “(2) The equipment to be required is as follows: “(A) alerting and locating equipment, including emergency position indicating radio beacons; “(B) lifeboats or liferafts sufficient to accommodate all individuals on board; “(C) at least one readily accessible immersion suit for each individual on board that vessel when operating on the waters described in section 3102 of this title; “(D) radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities; “(E) navigation equipment, including compasses, radar reflectors, nautical charts, and anchors; “(F) first aid equipment, including medicine chests; and “(G) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary deter-mines that a risk of serious injury exists that can be eliminated or mitigated by that equipment. “(c) (1) In addition to the requirements described in subsections (a) and (b) of this section, the Secretary may prescribe regulations establishing the standards in paragraph (2) of this subsection for vessels to which this chapter applies that— “(A) (i) were built after December 31, 1988, or undergo a major conversion completed after that date; and “(ii) operate with more than 16 individuals on board; or “(B) in the case of a fish tender vessel, engage in the Aleutian trade. “(2) The standards shall be minimum safety standards, including standards relating to— “(A) navigation equipment, including radars and fathometers; “(B) lifesaving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails; “(C) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment; “(D) use and installation of insulation material; “(E) storage methods for flammable or combustible material; and “(F) fuel, ventilation, and electrical systems.”.

   Effective date note
   Pub. L. 101–595, title VI, § 602(f), Nov. 16, 1990, 104 Stat. 2992, provided that: “This section [amending this section and sections 2102, 3302, 5102, 8104, and 8702 of this title, and enacting provisions set out as a note under section 7306 of this title] is effective on the date of enactment of this section [Nov. 16, 1990] except as follows:

6. 1990

   Aleutian Trade Act of 1990

   Pub. L. 101–595 § 602(c)(2) · 104 Stat. 2979

   Amended · 46 U.S.C. § 4502(f)

   Pub. L. 101–595, § 602(c)(2), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The Secretary shall examine a fish processing vessel at least once every two years to ensure that the vessel complies with the requirements of this chapter.”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 101–595, § 602(c)(2), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The Secretary shall examine a fish processing vessel at least once every two years to ensure that the vessel complies with the requirements of this chapter.”

   Enacted provision · exact public law section
   (2) Section 4502(f) of title 46, United States Code, is amended to read as follows: “(f) To ensure compliance with the requirements of this chapter, at least once every 2 years the Secretary shall examine— “(1) a fish processing vessel; and “(2) a fish tender vessel engaged in the Aleutian trade.”,

   Effective date note
   Pub. L. 101–595, title VI, § 602(f), Nov. 16, 1990, 104 Stat. 2992, provided that: “This section [amending this section and sections 2102, 3302, 5102, 8104, and 8702 of this title, and enacting provisions set out as a note under section 7306 of this title] is effective on the date of enactment of this section [Nov. 16, 1990] except as follows:

7. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 title III § 307 · 110 Stat. 3901

   Inserted · 46 U.S.C. § 4502(a)(7)

   Pub. L. 104–324 inserted “or beyond 3 nautical miles from the coastline of the Great Lakes” after “high seas”

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 104–324 inserted “or beyond 3 nautical miles from the coastline of the Great Lakes” after “high seas”.

   Enacted provision · exact public law section
   SEC. 307. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES. Paragraph (7) of section 4502(a) of title 46, United States Code, is amended by inserting “or beyond 3 nautical miles from the coastline of the Great Lakes” after “high seas”.

8. 1998

   Coast Guard Authorization Act of 1998

   Pub. L. 105–383 title III § 301(b)(5) · 112 Stat. 3411

   Substituted · 46 U.S.C. § 4502(a)(7)

   Pub. L. 105–383 substituted “beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured, and which are owned in the United States” for “on the high seas”

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 105–383 substituted “beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured, and which are owned in the United States” for “on the high seas”.

   Enacted provision · exact public law section
   (5) Section 4502(a)(7) of that title is amended by striking “on the high seas” and inserting “beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured, and which are owned in the United States”.

9. 2010

   Maritime Safety Act of 2010

   Pub. L. 111–281 § 604(a)(1)(A) · 124 Stat. 2905

   1. Added · 46 U.S.C. § 4502(a)(6)

      Pub. L. 111–281, § 604(a)(1)(A), added par. (6)

   2. Struck · 46 U.S.C. § 4502(a)(6)

      Pub. L. 111–281, § 604(a)(1)(A), struck out former par. (6) which read as follows: “a buoyant apparatus, if the vessel is of a type required by regulations prescribed by the Secretary to be equipped with that apparatus;”

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 111–281, § 604(a)(1)(A), added par. (6) and struck out former par. (6) which read as follows: “a buoyant apparatus, if the vessel is of a type required by regulations prescribed by the Secretary to be equipped with that apparatus;”.

   Enacted provision · exact public law section
   (A) striking paragraphs (6) and (7) and inserting the following: “(6) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment; and” ; and

10. 2010

    Maritime Safety Act of 2010

    Pub. L. 111–281 § 604(a)(1) · 124 Stat. 2905

    1. Redesignated · 46 U.S.C. § 4502(a)(7); 46 U.S.C. § 4502(a)(8)

       Pub. L. 111–281, § 604(a)(1), redesignated par. (8) as (7)

    2. Struck · 46 U.S.C. § 4502(a)(7); 46 U.S.C. § 4502(a)(8)

       Pub. L. 111–281, § 604(a)(1), struck out former par. (7) which read as follows: “alerting and locating equipment, including emergency position indicating radio beacons, on vessels that operate beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured, and which are owned in the United States or beyond 3 nautical miles from the coastline of the Great Lakes; and”

    Source evidence

    Code amendment note
    Subsec. (a)(7), (8). Pub. L. 111–281, § 604(a)(1), redesignated par. (8) as (7) and struck out former par. (7) which read as follows: “alerting and locating equipment, including emergency position indicating radio beacons, on vessels that operate beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured, and which are owned in the United States or beyond 3 nautical miles from the coastline of the Great Lakes; and”.

    Enacted provision · exact public law section
    (1) in subsection (a), by— (A) striking paragraphs (6) and (7) and inserting the following: “(6) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment; and” ; and (B) redesignating paragraph (8) as paragraph (7);

11. 2010

    Maritime Safety Act of 2010

    Pub. L. 111–281 § 604(a)(2)(A) · 124 Stat. 2905

    Struck · 46 U.S.C. § 4502(b)(1)

    Pub. L. 111–281, § 604(a)(2)(A), struck out “documented” before “vessels”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 111–281, § 604(a)(2)(A), struck out “documented” before “vessels”.

    Enacted provision · exact public law section
    (A) in paragraph (1) in the matter preceding subparagraph (A), by striking “documented”;

12. 2010

    Maritime Safety Act of 2010

    Pub. L. 111–281 § 604(a)(2)(B) · 124 Stat. 2905

    Substituted · 46 U.S.C. § 4502(b)(1)(A)

    Pub. L. 111–281, § 604(a)(2)(B), substituted “3 nautical miles from the baseline from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes” for “the Boundary Line”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 111–281, § 604(a)(2)(B), substituted “3 nautical miles from the baseline from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes” for “the Boundary Line”.

    Enacted provision · exact public law section
    (B) in paragraph (1)(A), by striking “the Boundary Line” and inserting “3 nautical miles from the baseline from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes”;

13. 2010

    Maritime Safety Act of 2010

    Pub. L. 111–281 § 604(a)(2)(C) · 124 Stat. 2905

    Substituted · 46 U.S.C. § 4502(b)(2)(B)

    Pub. L. 111–281, § 604(a)(2)(C), substituted “a survival craft that ensures that no part of an individual is immersed in water” for “lifeboats or liferafts”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 111–281, § 604(a)(2)(C), substituted “a survival craft that ensures that no part of an individual is immersed in water” for “lifeboats or liferafts”.

    Enacted provision · exact public law section
    (C) in paragraph (2)(B), by striking “lifeboats or liferafts” and inserting “a survival craft that ensures that no part of an individual is immersed in water”;

14. 2010

    Maritime Safety Act of 2010

    Pub. L. 111–281 § 604(a)(2)(D) · 124 Stat. 2905

    Inserted · 46 U.S.C. § 4502(b)(2)(D)

    Pub. L. 111–281, § 604(a)(2)(D), inserted “marine” before “radio communications”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(D). Pub. L. 111–281, § 604(a)(2)(D), inserted “marine” before “radio communications”.

    Enacted provision · exact public law section
    (D) in paragraph (2)(D), by inserting “marine” before “radio”;

15. 2010

    Maritime Safety Act of 2010

    Pub. L. 111–281 § 604(a)(2)(E) · 124 Stat. 2905

    Substituted · 46 U.S.C. § 4502(b)(2)(E)

    Pub. L. 111–281, § 604(a)(2)(E), substituted “nautical charts, and publications” for “radar reflectors, nautical charts, and anchors”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(E). Pub. L. 111–281, § 604(a)(2)(E), substituted “nautical charts, and publications” for “radar reflectors, nautical charts, and anchors”.

    Enacted provision · exact public law section
    (E) in paragraph (2)(E), by striking “radar reflectors, nautical charts, and anchors” and inserting “nautical charts, and publications”;

16. 2010

    Maritime Safety Act of 2010

    Pub. L. 111–281 § 604(a)(2)(F) · 124 Stat. 2905

    Substituted · 46 U.S.C. § 4502(b)(2)(F)

    Pub. L. 111–281, § 604(a)(2)(F), substituted “and medical supplies sufficient for the size and area of operation of the vessel” for “, including medicine chests”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F). Pub. L. 111–281, § 604(a)(2)(F), substituted “and medical supplies sufficient for the size and area of operation of the vessel” for “, including medicine chests”.

    Enacted provision · exact public law section
    (F) in paragraph (2)(F), by striking “, including medicine chests” and inserting “and medical supplies sufficient for the size and area of operation of the vessel”; and

17. 2010

    Maritime Safety Act of 2010

    Pub. L. 111–281 § 604(a)(2)(G) · 124 Stat. 2905

    Amended · 46 U.S.C. § 4502(b)(2)(G)

    Pub. L. 111–281, § 604(a)(2)(G), amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment.”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(G). Pub. L. 111–281, § 604(a)(2)(G), amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment.”

    Enacted provision · exact public law section
    (G) by amending paragraph (2)(G) to read as follows: “(G) ground tackle sufficient for the vessel.” ;

18. 2010

    Maritime Safety Act of 2010

    Pub. L. 111–281 § 604(a)(3) · 124 Stat. 2905

    Amended · 46 U.S.C. § 4502(f)

    Pub. L. 111–281, § 604(a)(3), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “To ensure compliance with the requirements of this chapter, at least once every 2 years the Secretary shall examine—

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 111–281, § 604(a)(3), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “To ensure compliance with the requirements of this chapter, at least once every 2 years the Secretary shall examine—

    “(1) a fish processing vessel; and “(2) a fish tender vessel engaged in the Aleutian trade.”

    Enacted provision · exact public law section
    (3) by amending subsection (f) to read as follows: “(f) To ensure compliance with the requirements of this chapter, the Secretary— “(1) shall Records. require the individual in charge of a vessel described in subsection (b) to keep a record of equipment maintenance, and required instruction and drills; and “(2) Deadline. Certification. shall examine at dockside a vessel described in subsection (b) at least once every 2 years, and shall issue a certificate of compliance to a vessel meeting the requirements of this chapter.” ; and

19. 2010

    Maritime Safety Act of 2010

    Pub. L. 111–281 § 604(a)(4) · 124 Stat. 2905

    Added · 46 U.S.C. § 4502(g)(j)

    Pub. L. 111–281, § 604(a)(4), added subsecs. (g) to (j)

    Source evidence

    Code amendment note
    Subsecs. (g) to (j). Pub. L. 111–281, § 604(a)(4), added subsecs. (g) to (j).

    Enacted provision · exact public law section
    (4) by adding at the end the following: “(g) (1) The individual in charge of a vessel described in subsection (b) must pass a training program approved by the Secretary that meets the requirements in paragraph (2) of this subsection and hold a valid certificate issued under that program. “(2) The training program shall— “(A) be based on professional knowledge and skill obtained through sea service and hands-on training, including training in seamanship, stability, collision prevention, navigation, fire fighting and prevention, damage control, personal survival, emergency medical care, emergency drills, and weather; “(B) require an individual to demonstrate ability to communicate in an emergency situation and understand information found in navigation publications; “(C) recognize and give credit for recent past experience in fishing vessel operation; and “(D) provide for issuance of a certificate to an individual that has successfully completed the program. “(3) The Regulations. Certification. Deadline. Secretary shall prescribe regulations implementing this subsection. The regulations shall require that individuals who are issued a certificate under paragraph (2)(D) must complete refresher training at least once every 5 years as a condition of maintaining the validity of the certificate. “(4) The Public information. Database. Secretary shall establish a publicly accessible electronic database listing the names of individuals who have participated in and received a certificate confirming successful completion of a training program approved by the Secretary under this section. “(h) A vessel to which this chapter applies shall be constructed in a manner that provides a level of safety equivalent to the minimum safety standards the Secretary may establish for recreational vessels under section 4302, if— “(1) subsection (b) of this section applies to the vessel; “(2) the vessel is less than 50 feet overall in length; and “(3) the vessel is built after January 1, 2010. “(i) (1) The Grants. Secretary shall establish a Fishing Safety Training Grants Program to provide funding to municipalities, port authorities, other appropriate public entities, not-for-profit organizations, and other qualified persons that provide commercial fishing safety training— “(A) to conduct fishing vessel safety training for vessel operators and crewmembers that— “(i) in the case of vessel operators, meets the requirements of subsection (g); and “(ii) in the case of crewmembers, meets the requirements of subsection (g)(2)(A), such requirements of subsection (g)(2)(B) as are appropriate for crewmembers, and the requirements of subsections (g)(2)(D), (g)(3), and (g)(4); and “(B) for purchase of safety equipment and training aids for use in those fishing vessel safety training programs. “(2) The Secretary shall award grants under this subsection on a competitive basis. “(3) The Federal share of the cost of any activity carried out with a grant under this subsection shall not exceed 75 percent. “(4) There is authorized to be appropriated $3,000,000 for each of fiscal years 2010 through 2014 for grants under this subsection. “(j) (1) Grants. The Secretary shall establish a Fishing Safety Research Grant Program to provide funding to individuals in academia, members of non-profit organizations and businesses involved in fishing and maritime matters, and other persons with expertise in fishing safety, to conduct research on methods of improving the safety of the commercial fishing industry, including vessel design, emergency and survival equipment, enhancement of vessel monitoring systems, communications devices, de-icing technology, and severe weather detection. “(2) The Secretary shall award grants under this subsection on a competitive basis. “(3) The Federal share of the cost of any activity carried out with a grant under this subsection shall not exceed 75 percent. “(4) There is authorized to be appropriated $3,000,000 for each fiscal years 2010 through 2014 for activities under this subsection.” .

20. 2012

    Coast Guard and Maritime Transportation Act of 2012

    Pub. L. 112–213 § 305(a)(2)(A) · 126 Stat. 1540

    Substituted · 46 U.S.C. § 4502(f)(2)

    Pub. L. 112–213, § 305(a)(2)(A), substituted “at least once every 5 years” for “at least once every 2 years”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 112–213, § 305(a)(2)(A), substituted “at least once every 5 years” for “at least once every 2 years”.

    Enacted provision · exact public law section
    (A) by striking “at least once every 2 years” and inserting “at least once every 5 years”; and

21. 2012

    Coast Guard and Maritime Transportation Act of 2012

    Pub. L. 112–213 § 305(a)(1) · 126 Stat. 1540

    Added · 46 U.S.C. § 4502(f)(3)

    Pub. L. 112–213, § 305(a)(1), (2)(B), (3), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 112–213, § 305(a)(1), (2)(B), (3), added par. (3).

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “and” at the end;

22. 2012

    Coast Guard and Maritime Transportation Act of 2012

    Pub. L. 112–213 § 305(b) · 126 Stat. 1540

    Substituted · 46 U.S.C. § 4502(g)(4)

    Pub. L. 112–213, § 305(b), substituted “an electronic” for “a publicly accessible electronic”

    Source evidence

    Code amendment note
    Subsec. (g)(4). Pub. L. 112–213, § 305(b), substituted “an electronic” for “a publicly accessible electronic”.

    Enacted provision · exact public law section
    (b) Database.— Section 4502(g)(4) of title 46, United States Code, is amended by striking “a publicly accessible” and inserting “an”.

23. 2014

    Howard Coble Coast Guard and Maritime Transportation Act of 2014

    Pub. L. 113–281 § 309(a) · 128 Stat. 3022

    Substituted · 46 U.S.C. § 4502(i)(4)

    Pub. L. 113–281, § 309(a), substituted “2015 through 2017” for “2010 through 2014”

    Source evidence

    Code amendment note
    Subsec. (i)(4). Pub. L. 113–281, § 309(a), substituted “2015 through 2017” for “2010 through 2014”.

    Enacted provision · exact public law section
    (a) Fishing Safety Training Grant Program.— Section 4502(i)(4) of title 46, United States Code, is amended by striking “2010 through 2014” and inserting “2015 through 2017”.

24. 2014

    Howard Coble Coast Guard and Maritime Transportation Act of 2014

    Pub. L. 113–281 § 309(b) · 128 Stat. 3022

    Substituted · 46 U.S.C. § 4502(j)(4)

    Pub. L. 113–281, § 309(b), substituted “2015 through 2017” for “2010 through 2014”

    Source evidence

    Code amendment note
    Subsec. (j)(4). Pub. L. 113–281, § 309(b), substituted “2015 through 2017” for “2010 through 2014”.

    Enacted provision · exact public law section
    (b) Fishing Safety Research Grant Program.— Section 4502(j)(4) of title 46, United States Code, is amended by striking “2010 through 2014” and inserting “2015 through 2017”.

25. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 504(1) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 4502(b)(2)(B)

    Pub. L. 115–282, § 504(1), substituted “subject to paragraph (3), a survival craft” for “a survival craft”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 115–282, § 504(1), substituted “subject to paragraph (3), a survival craft” for “a survival craft”.

    Enacted provision · exact public law section
    (1) in paragraph (2)(B), by striking “a survival craft” and inserting “subject to paragraph (3), a survival craft”;

26. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 504(2) · 132 Stat. 4192

    Added · 46 U.S.C. § 4502(b)(3)

    Pub. L. 115–282, § 504(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 115–282, § 504(2), added par. (3).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(3) Except for a nonapplicable vessel, an auxiliary craft shall satisfy the equipment requirement under paragraph (2)(B) if such craft is— “(A) necessary for normal fishing operations; “(B) readily accessible during an emergency; and “(C) capable, in accordance with the Coast Guard capacity rating, when applicable, of safely holding all individuals on board the vessel to which the craft functions as an auxiliary.” ; and

27. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 505 · 132 Stat. 4192

    1. Added · 46 U.S.C. § 4502(f)(2); 46 U.S.C. § 4502(f)(3)

       Pub. L. 115–282, § 505, added pars. (2) and (3)

    2. Struck · 46 U.S.C. § 4502(f)(2); 46 U.S.C. § 4502(f)(3)

       Pub. L. 115–282, § 505, struck out former pars. (2) and (3) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (f)(2), (3). Pub. L. 115–282, § 505, added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:

    “(2) shall examine at dockside a vessel described in subsection (b) at least once every 5 years, and shall issue a certificate of compliance to a vessel meeting the requirements of this chapter; and “(3) shall complete the first dockside examination of a vessel under this subsection not later than October 15, 2015.”

    Enacted provision · exact public law section
    SEC. 505. SAFETY STANDARDS.   Section 4502(f) of title 46, United States Code, is amended by striking paragraphs (2) and (3) and inserting the following: “(2) shall examine at dockside a vessel described in subsection (b) at least once every 5 years, but may require an exam at dockside every 2 years for certain vessels described in subsection (b) if requested by the owner or operator; and “(3) shall issue a certificate of compliance to a vessel meeting the requirements of this chapter and satisfying the requirements in paragraph (2).” .

28. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 506(1) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 4502(i)(1)

    Pub. L. 115–282, § 506(1), substituted “Secretary of Health and Human Services” for “Secretary” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 115–282, § 506(1), substituted “Secretary of Health and Human Services” for “Secretary” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsections (i) and (j), by striking “Secretary” each place it appears and inserting “Secretary of Health and Human Services”;

29. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 506(1) · 132 Stat. 4192

    1. Substituted · 46 U.S.C. § 4502(i)(2)

       Pub. L. 115–282, § 506(1), (2), substituted “Secretary of Health and Human Services” for “Secretary”

    2. Inserted · 46 U.S.C. § 4502(i)(2)

       Pub. L. 115–282, § 506(1), (2), inserted “, in consultation with and based on criteria established by the Commandant of the Coast Guard” before “shall award”

    Source evidence

    Code amendment note
    Subsec. (i)(2). Pub. L. 115–282, § 506(1), (2), substituted “Secretary of Health and Human Services” for “Secretary” and inserted “, in consultation with and based on criteria established by the Commandant of the Coast Guard” before “shall award”.

    Enacted provision · exact public law section
    (1) in subsections (i) and (j), by striking “Secretary” each place it appears and inserting “Secretary of Health and Human Services”;

30. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 506(3) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 4502(i)(3)

    Pub. L. 115–282, § 506(3), substituted “50” for “75”

    Source evidence

    Code amendment note
    Subsec. (i)(3). Pub. L. 115–282, § 506(3), substituted “50” for “75”.

    Enacted provision · exact public law section
    (3) in subsection (i)(3), by striking “75” and inserting “50”;

31. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 506(4) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 4502(i)(4)

    Pub. L. 115–282, § 506(4), substituted “$3,000,000 for each of fiscal years 2018 through 2019” for “$3,000,000 for each of fiscal years 2015 through 2017”

    Source evidence

    Code amendment note
    Subsec. (i)(4). Pub. L. 115–282, § 506(4), substituted “$3,000,000 for each of fiscal years 2018 through 2019” for “$3,000,000 for each of fiscal years 2015 through 2017”.

    Enacted provision · exact public law section
    (4) in subsection (i)(4), by striking “$3,000,000 for each of fiscal years 2015 through 2017” and inserting “$3,000,000 for each of fiscal years 2018 through 2019”;

32. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 506(1) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 4502(j)(1)

    Pub. L. 115–282, § 506(1), substituted “Secretary of Health and Human Services” for “Secretary”

    Source evidence

    Code amendment note
    Subsec. (j)(1). Pub. L. 115–282, § 506(1), substituted “Secretary of Health and Human Services” for “Secretary”.

    Enacted provision · exact public law section
    (1) in subsections (i) and (j), by striking “Secretary” each place it appears and inserting “Secretary of Health and Human Services”;

33. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 506(1) · 132 Stat. 4192

    1. Substituted · 46 U.S.C. § 4502(j)(2)

       Pub. L. 115–282, § 506(1), (5), substituted “Secretary of Health and Human Services” for “Secretary”

    2. Inserted · 46 U.S.C. § 4502(j)(2)

       Pub. L. 115–282, § 506(1), (5), inserted “, in consultation with and based on criteria established by the Commandant of the Coast Guard,” before “shall award”

    Source evidence

    Code amendment note
    Subsec. (j)(2). Pub. L. 115–282, § 506(1), (5), substituted “Secretary of Health and Human Services” for “Secretary” and inserted “, in consultation with and based on criteria established by the Commandant of the Coast Guard,” before “shall award”.

    Enacted provision · exact public law section
    (1) in subsections (i) and (j), by striking “Secretary” each place it appears and inserting “Secretary of Health and Human Services”;

34. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 506(6) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 4502(j)(3)

    Pub. L. 115–282, § 506(6), substituted “50” for “75”

    Source evidence

    Code amendment note
    Subsec. (j)(3). Pub. L. 115–282, § 506(6), substituted “50” for “75”.

    Enacted provision · exact public law section
    (6) in subsection (j)(3), by striking “75” and inserting “50”; and

35. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 506(7) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 4502(j)(4)

    Pub. L. 115–282, § 506(7), substituted “$3,000,000 for each of fiscal years 2018 through 2019” for “$3,000,000 for each fiscal years 2015 through 2017”

    Source evidence

    Code amendment note
    Subsec. (j)(4). Pub. L. 115–282, § 506(7), substituted “$3,000,000 for each of fiscal years 2018 through 2019” for “$3,000,000 for each fiscal years 2015 through 2017”.

    Enacted provision · exact public law section
    (7) in subsection (j)(4), by striking “$3,000,000 for each fiscal years 2015 through 2017” and inserting “$3,000,000 for each of fiscal years 2018 through 2019”.

36. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 504(3) · 132 Stat. 4192

    Added · 46 U.S.C. § 4502(k)

    Pub. L. 115–282, § 504(3), added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 115–282, § 504(3), added subsec. (k).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(k) For the purposes of this section, the term ‘auxiliary craft’ means a vessel that is carried onboard a fishing vessel and is normally used to support fishing operations.” .

37. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8321(a)(1) · 134 Stat. 3388

    Substituted · 46 U.S.C. § 4502(i)(3)

    Pub. L. 116–283, § 8321(a)(1), substituted “75 percent” for “50 percent”

    Source evidence

    Code amendment note
    Subsec. (i)(3). Pub. L. 116–283, § 8321(a)(1), substituted “75 percent” for “50 percent”.

    Enacted provision · exact public law section
    (1) in paragraph (3), by striking “50 percent” and inserting “75 percent”; and

38. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8321(a)(2) · 134 Stat. 3388

    Substituted · 46 U.S.C. § 4502(i)(4)

    Pub. L. 116–283, § 8321(a)(2), substituted “2021” for “2019”

    Source evidence

    Code amendment note
    Subsec. (i)(4). Pub. L. 116–283, § 8321(a)(2), substituted “2021” for “2019”.

    Enacted provision · exact public law section
    (2) in paragraph (4), by striking “2019” and inserting “2021”.

39. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8321(b)(1) · 134 Stat. 3388

    Substituted · 46 U.S.C. § 4502(j)(3)

    Pub. L. 116–283, § 8321(b)(1), substituted “75 percent” for “50 percent”

    Source evidence

    Code amendment note
    Subsec. (j)(3). Pub. L. 116–283, § 8321(b)(1), substituted “75 percent” for “50 percent”.

    Enacted provision · exact public law section
    (1) in paragraph (3), by striking “50 percent” and inserting “75 percent”; and

40. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8321(b)(2) · 134 Stat. 3388

    Substituted · 46 U.S.C. § 4502(j)(4)

    Pub. L. 116–283, § 8321(b)(2), substituted “2021” for “2019”

    Source evidence

    Code amendment note
    Subsec. (j)(4). Pub. L. 116–283, § 8321(b)(2), substituted “2021” for “2019”.

    Enacted provision · exact public law section
    (2) in paragraph (4), by striking “2019” and inserting “2021”.

41. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11509(a)(1) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 4502(f)(2)

    Pub. L. 117–263, § 11509(a)(1), substituted “vessels described in subsection (b) if—” and subpars. (A) and (B) for “certain vessels described in subsection (b) if requested by the owner or operator; and”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 117–263, § 11509(a)(1), substituted “vessels described in subsection (b) if—” and subpars. (A) and (B) for “certain vessels described in subsection (b) if requested by the owner or operator; and”.

    Enacted provision · exact public law section
    (1) in section 4502(f)(2) by striking “certain vessels described in subsection (b) if requested by the owner or operator; and” and inserting the following: “vessels described in subsection (b) if— “(A) requested by an owner or operator; or “(B) the vessel is— “(i) at least 50 feet overall in length; “(ii) built before July 1, 2013; and “(iii) 25 years of age or older; and” ;

42. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11328(a)(1) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 4502(i)(4)

    Pub. L. 117–263, § 11328(a)(1), substituted “fiscal year 2023” for “each of fiscal years 2018 through 2021”

    Source evidence

    Code amendment note
    Subsec. (i)(4). Pub. L. 117–263, § 11328(a)(1), substituted “fiscal year 2023” for “each of fiscal years 2018 through 2021”.

    Enacted provision · exact public law section
    (1) in subsection (i)(4) by striking “each of fiscal years 2018 through 2021” and inserting “fiscal year 2023”; and

43. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11328(a)(2) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 4502(j)(4)

    Pub. L. 117–263, § 11328(a)(2), substituted “fiscal year 2023” for “each of fiscal years 2018 through 2021”

    Source evidence

    Code amendment note
    Subsec. (j)(4). Pub. L. 117–263, § 11328(a)(2), substituted “fiscal year 2023” for “each of fiscal years 2018 through 2021”.

    Enacted provision · exact public law section
    (2) in subsection (j)(4) by striking “each of fiscal years 2018 through 2021” and inserting “fiscal year 2023”.

44. 2025

    Pub. L. 119–60 § 7313(1) · 139 Stat. 1761

    Substituted · 46 U.S.C. § 4502(i)(4)

    Pub. L. 119–60, § 7313(1), substituted “each of fiscal years 2026, and 2027” for “fiscal year 2023”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (i)(4). Pub. L. 119–60, § 7313(1), substituted “each of fiscal years 2026, and 2027” for “fiscal year 2023”.

45. 2025

    Pub. L. 119–60 § 7313(2) · 139 Stat. 1761

    Substituted · 46 U.S.C. § 4502(j)(4)

    Pub. L. 119–60, § 7313(2), substituted “each of fiscal years 2026, and 2027.” for “fiscal year 2023”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (j)(4). Pub. L. 119–60, § 7313(2), substituted “each of fiscal years 2026, and 2027.” for “fiscal year 2023”.

55 of 57 references resolved to an enrolled provision · 2 unresolved