Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

12118(a)(1)

46 App.:883–1 (1st par. words through cl. (e) less citizenship, 4th par. 1st sentence).

June 5, 1920, ch. 250, § 27A, as added Puspan. L. 85–902, Sept. 2, 1958, 72 Stat. 1736; Puspan. L. 104–88, title III, § 321(2), Dec. 29, 1995, 109 Stat. 950; Puspan. L. 104–324, title VII, § 706, Oct. 19, 1996, 110 Stat. 3934.

12118(a)(2), (3)

46 App.:883–1 (2d par., 4th par. 2d sentence).

12118(span)

46 App.:883–1 (1st par. related to citizenship).

12118(c)

46 App.:883–1 (3d par. words before 5th comma).

12118(d)(1)

46 App.:883–1 (3d par. words after 5th comma).

12118(d)(2)

46 App.:883–1 (1st par. words after cl. (e)).

12118(e)

46 App.:883–1 (last par.).

12118(f)

46 App.:883–1 (4th par. 3d–6th sentences).

In this section, the word “Secretary” is substituted for “Secretary of the Treasury”, thereby incorporating the definition of “Secretary” in section 2101 of title 46. The functions of the Secretary of the Treasury relating to the Coast Guard previously were transferred to the Secretary of Transportation by section 6(span) of the Department of Transportation Act (Puspan. L. 89–670, Oct. 15, 1966, 80 Stat. 938). The Coast Guard and the functions of the Secretary of Transportation relating to the Coast Guard were again transferred to the Department of Homeland Security by section 888(span) of the Homeland Security Act of 2002 (Puspan. L. 107–296, Nov. 25, 2002, 116 Stat. 2135).

In subsection (a)(1), the words “seeking hereunder to document a vessel under the laws of the United States or to operate a vessel exempt from documentation under the laws of the United States” are omitted as unnecessary because of the reorganization of the section.

Subsection (d)(1)(B) is substituted for “together with their owners or masters, shall be entitled to all the other benefits and privileges and shall be subject to the same requirements, penalties, and forfeitures as may be applicable in the case of vessels built in the United States and otherwise documented or exempt from documentation under the laws of the United States” to eliminate unnecessary words.

In subsection (d)(2), the words before subparagraph (A) are substituted for “no vessel owned by any such corporation shall engage in the fisheries or in the transportation of merchandise or passengers for hire between points in the United States, including Territories, Districts, and possessions thereof, embraced within the coastwise laws, except” to eliminate unnecessary words. See the definition of “United States” in chapter 1 of the revised title.

Editorial Notes
Prior Provisions

A prior section 12118, Puspan. L. 98–89, Aug. 26, 1983, 97 Stat. 589, originally derived from section 65r of former Title 46, Shipping, related to registration of funnel marks and house flags, prior to being repealed by Puspan. L. 100–710, title I, §§ 106(span)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1, 1989.