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46 U.S.C. § 12131 — Command of documented vessels
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsection (b), a documented vessel may be placed under the command only of a citizen or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act ([8 U.S.C. 1408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim))) of the United States.
**(b) Exceptions.—** Subsection (a) does not apply to—
(1) a vessel with only a recreational endorsement; or
(2) an unmanned barge operating outside of the territorial waters of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12131
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Source file: Laws/federal/codes/united-states-code/title-46/section-12131-command-of-documented-vessels--40f21cb527.md
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Source location: Title 46, Chapter 121, § 12131; chapter-121-documentation-of-vessels.md
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**(a) In General.—** Except as provided in subsection (b), a documented vessel may be placed under the command only of a citizen or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act ([8 U.S.C. 1408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim))) of the United States.
**(b) Exceptions.—** Subsection (a) does not apply to—
(1) a vessel with only a recreational endorsement; or
(2) an unmanned barge operating outside of the territorial waters of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
Unless otherwise provided in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401&num=0&edition=prelim), the following shall be nationals, but not citizens, of the United States at birth:
(1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession;
(2) A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have had a residence in the United States, or one of its outlying possessions prior to the birth of such person;
(3) A person of unknown parentage found in an outlying possession of the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in such outlying possession; and
(4) A person born outside the United States and its outlying possessions of parents one of whom is an alien, and the other a national, but not a citizen, of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than seven years in any continuous period of ten years—
(A) during which the national parent was not outside the United States or its outlying possessions for a continuous period of more than one year, and
(B) at least five years of which were after attaining the age of fourteen years.
The proviso of [section 1401(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401/g&num=0&edition=prelim) shall apply to the national parent under this paragraph in the same manner as it applies to the citizen parent under that section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1408
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Federal law — U.S. Code and appendices · legal_authorities
A certificate of documentation or an endorsement on the certificate is invalid if the vessel for which it is issued—
(1) no longer meets the requirements of this chapter and regulations prescribed under this chapter applicable to the certificate or endorsement; or
(2) is placed under the command of an individual not a citizen or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act ([8 U.S.C. 1408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim))) of the United States in violation of [section 12131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12135
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Federal law — U.S. Code and appendices · legal_authorities
Page 218
TITLE 46—SHIPPING
§ 12131
(C) if rebuilt, was rebuilt—
(i) in the United States; or
(ii) outside the United States at least 3
years before the certificate requested
under subsection (b) would take effect.
(2) SMALL
PASSENGER
VESSEL; UNINSPECTED
PASSENGER VESSEL; PASSENGER FOR HIRE.—The
terms ‘‘small passenger vessel’’, ‘‘uninspected
passenger vessel’’, and ‘‘passenger for hire’’
have the meaning given those terms in section
2101 of this title.
(b) ISSUANCE
OF CERTIFICATE
AND ENDORSE-
MENT.—Notwithstanding sections 12112, 12113,
12132, 55102, and 55103 of this title, the Secretary
may issue a certificate of documentation with
an appropriate endorsement for employment in
the coastwise trade as a small passenger vessel
or an uninspected passenger vessel in the case of
an eligible vessel authorized to carry no more
than 12 passengers for hire if the Secretary of
Transportation, after notice and an opportunity
for public comment, determines that the em-
ployment of the vessel in the coastwise trade
will not adversely affect—
(1) United States vessel builders; or
(2) the coastwise trade business of any per-
son that employs vessels built in the United
States in that business.
(c) REVOCATION.—
(1) FOR FRAUD.—The Secretary shall revoke
a certificate or endorsement issued under sub-
section (b) if the Secretary of Transportation,
after notice and an opportunity for a hearing,
determines that the certificate or endorse-
ment was obtained by fraud.
(2) OTHER PROVISIONS NOT AFFECTED.—Para-
graph (1) does not affect—
(A) the criminal prohibition on fraud and
false statements in section 1001 of title 18; or
(B) any other authority of the Secretary to
revoke a certificate or endorsement issued
under subsection (b).
(Pub. L. 109–304, § 5, Oct. 6, 2
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 12131
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Federal law — U.S. Code and appendices · legal_authorities
Page 484
TITLE 8—ALIENS AND NATIONALITY
§ 1408
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (c), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
§ 1408. Nationals but not citizens of the United
States at birth
Unless otherwise provided in section 1401 of
this title, the following shall be nationals, but
not citizens, of the United States at birth:
(1) A person born in an outlying possession of
the United States on or after the date of formal
acquisition of such possession;
(2) A person born outside the United States
and its outlying possessions of parents both of
whom are nationals, but not citizens, of the
United States, and have had a residence in the
United States, or one of its outlying possessions
prior to the birth of such person;
(3) A person of unknown parentage found in an
outlying possession of the United States while
under the age of five years, until shown, prior to
his attaining the age of twenty-one years, not to
have been born in such outlying possession; and
(4) A person born outside the United States
and its outlying possessions of parents one of
whom is an alien, and the other a national, but
not a citizen, of the United States who, prior to
the birth of such person, was physically present
in the United States or its outlying possessions
for a period or periods totaling not less than
seven years in any continuous period of ten
years—
(A) during which the national parent was
not outside the United States or its outlying
possessions for
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1408
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