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46 U.S.C. § 8304 — Implementing the Officers’ Competency Certificates Convention, 1936
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section, “high seas” means waters seaward of the Boundary Line.
**(b)** The Officers’ Competency Certificates Convention, 1936 (International Labor Organization Draft Convention Numbered 53, on the minimum requirement of professional capacity for masters and officers on board merchant vessels), as ratified by the President on September 1, 1938, with understandings appended, and this section apply to a documented vessel operating on the high seas except—
(1) a public vessel;
(2) a wooden vessel of primitive build, such as a dhow or junk;
(3) a barge; and
(4) a vessel of less than 200 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim).
**(c)** A person may not engage or employ an individual to serve as, and an individual may not serve as, a master, mate, or engineer on a vessel to which this section applies, if the individual does not have a license issued under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim) authorizing service in the capacity in which the individual is to be engaged or employed.
**(d)** A person (including an individual) violating this section is liable to the United States Government for a civil penalty of $100.
**(e)** A license issued to an individual to whom this section applies is a certificate
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Stable record: federal_law:legal_authorities:record_usc_7b68f7945382c365b4b56fb4
Source file: Laws/federal/codes/united-states-code/title-46/section-8304-implementing-the-officers-competency-certificates-convention-1936--f63bc91792.md
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Source location: Title 46, Chapter 83, § 8304; chapter-083-masters-and-officers.md
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**(a)** In this section, “high seas” means waters seaward of the Boundary Line.
**(b)** The Officers’ Competency Certificates Convention, 1936 (International Labor Organization Draft Convention Numbered 53, on the minimum requirement of professional capacity for masters and officers on board merchant vessels), as ratified by the President on September 1, 1938, with understandings appended, and this section apply to a documented vessel operating on the high seas except—
(1) a public vessel;
(2) a wooden vessel of primitive build, such as a dhow or junk;
(3) a barge; and
(4) a vessel of less than 200 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim).
**(c)** A person may not engage or employ an individual to serve as, and an individual may not serve as, a master, mate, or engineer on a vessel to which this section applies, if the individual does not have a license issued under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim) authorizing service in the capacity in which the individual is to be engaged or employed.
**(d)** A person (including an individual) violating this section is liable to the United States Government for a civil penalty of $100.
**(e)** A license issued to an individual to whom this section applies is a certificate of competency.
**(f)** A designated official may detain a vessel to which this section applies (by written order served on the owner, charterer, managing operator, agent, master, or individual in charge of the vessel) when there is reason to believe that the vessel is about to proceed from a port of the United States to the high seas in violation of this section or a provision of the convention described in subsection (b) of this section. The vessel may be detained until the vessel complies with this section. Clearance may not be granted to a vessel ordered detained under this section.
**(g)** A foreign vessel to which the convention described in subsection (b) of this section applies, on the navigable waters of the United States, is subject to detention under subsection (f) of this section, and to an examination that may be necessary to decide if there is compliance with the convention.
**(h)** The owner, charterer, managing operator, agent, master, or individual in charge of a vessel detained under subsection (f) or (g) of this section may appeal the order within 5 days as provided by regulation.
**(i)** An officer or employee of the Customs Service may be designated to enforce this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention.
**(b)** A vessel measured under this chapter may not be required to be measured under another law.
**(c)** Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel’s tonnage, if that law—
(1) becomes effective after July 18, 1994; or
(2) is in effect before July 19, 1994, is not enumerated in [section 14305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14305&num=0&edition=prelim), and is identified by the Secretary by regulation as a law to which this chapter applies.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14302
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14502
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Licenses and certificates of registry are established for individuals who are required to hold licenses or certificates under this subtitle.
**(b)** Under regulations prescribed by the Secretary, the Secretary—
(1) issues the licenses and certificates of registry; and
(2) may classify the licenses and certificates of registry as provided in subsections (c) and (f) of this section, based on—
(A) the tonnage, means of propulsion, and horsepower of machine-propelled vessels;
(B) the waters on which vessels are to be operated; or
(C) other reasonable standards.
**(c)** The Secretary may issue licenses in the following classes to applicants found qualified as to age, character, habits of life, experience, professional qualifications, and physical fitness:
(1) masters, mates, and engineers.
(2) pilots.
(3) operators.
(4) radio officers.
**(d)** In classifying individuals under subsection (c)(1) of this section, the Secretary shall establish, when possible, suitable career patterns and service and other qualifying requirements appropriate to the particular service or industry in which the individuals are engaged.
**(e)** An individual may be issued a license under subsection (c)(2) of this section only if the applicant—
(1) is at least 21 years of age;
(2) is of sound health and has no physical limitations that would hinder or prevent the performance of a pilot’s duties;
(3) has a thorough physical examination each year while holding the license, except that this requirement does not apply to an individual who will serve as a pilot only on a vessel of less than 1,600 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate ton
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 7101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
**(b) Laboratory described** The laboratory described in this subsection is the laboratory—
(1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and
(2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim).
**(c) Laboratory activities** The National Urban Security Technology Laboratory shall—
(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;
(2) act as a technical advisor to emergency response providers; and
(3) carry out other such activities as the Secretary determines appropriate.
**(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 211
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the application of a law of the United States to a vessel depends on the vessel’s tonnage, the vessel shall be measured under this part.
**(b)** If a statute allows for an alternate tonnage to be prescribed under this section, the Secretary may prescribe it by regulation. Any such regulation shall be considered to be an interpretive regulation for purposes of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). Until an alternate tonnage is prescribed, the statutorily established tonnage shall apply to vessels measured under chapter 143 or chapter 145 of this title.
**(c)** The head of each Federal agency shall ensure that regulations issued by the agency that specify particular tonnages comply with the alternate tonnages implemented by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14104
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On request of the owner of a vessel measured under this chapter that is of United States registry or nationality, or a vessel operated under the authority of the United States, the Secretary also shall measure the vessel under chapter 145 of this title. The tonnages determined under that chapter shall be used in applying—
(1) parts A, B, C, E, F, and G of this subtitle and [section 12116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12116&num=0&edition=prelim);
(2) section 3(d)(3) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 903(d)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section903/d/3&num=0&edition=prelim));
(3) section 4 of the Bridge to Bridge Radiotelephone Act ([33 U.S.C. 1203(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1203/a&num=0&edition=prelim));
(4) section 4(a)(3) 11 See References in Text note below. of the Ports and Waterways Safety Act ([33 U.S.C. 1223(a)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1223/a/3&num=0&edition=prelim));
(5) [section 30524 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30524&num=0&edition=prelim);
(6) sections 12118 and 12132 of this title;
(7) [section 12139(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12139/b&num=0&edition=prelim);
(8) sections 351, 352, 355, and 356 of the Ship Radio Act ([47 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section351&num=0&edition=prelim), 352, 354, and 354a);
(9) section 403 of the Commercial Fishing Industry Vessel Act ([46 U.S.C. 3302](https://uscode.house.gov/view.xhtml?req=granule
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14305
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this title, only a citizen or noncitizen national of the United States may serve as master, chief engineer, radio officer, or officer in charge of a deck watch or engineering watch on a documented vessel.
**(b)**
(1) Except as otherwise provided in this section, on a documented vessel—
(A) each unlicensed seaman must be—
(i) a citizen or noncitizen national of the United States;
(ii) an alien lawfully admitted to the United States for permanent residence; or
(iii) a foreign national who is enrolled in the United States Merchant Marine Academy; and
(B) not more than 25 percent of the total number of unlicensed seamen on the vessel may be aliens lawfully admitted to the United States for permanent residence.
(2) Paragraph (1) of this subsection does not apply to—
(A) a yacht;
(B) a fishing vessel fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802&num=0&edition=prelim))); and
(C) a fishing vessel fishing outside of the exclusive economic zone.
(3) The Secretary may waive a citizenship or noncitizen nationality requirement under this section, other than a requirement that applies to the master of a documented vessel, with respect to—
(A) an offshore supply vessel or other similarly engaged vessel of less than 1,600 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 8103
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Federal law — U.S. Code and appendices · legal_authorities
Page 161
TITLE 46—SHIPPING
§ 8304
tain types of inland waterway vessel, and a ferry car-
rying passengers or cars on the Great Lakes. A ferry is
a vessel that primarily carries passengers, cars, or
trains from shore to shore as a means to connect exist-
ing points on a transportation route so that the same
type of transportation mode may continue to be used
upon arrival at either point. Vessels carrying cars as
cargo would not be included in this type of vessel.
Subsection (b) establishes the staff department as a
separate one consisting of registered individuals (purs-
ers, medical doctors, and professional nurses), clerks,
and medical assistants. Subsection (c) divides the de-
partment into a medical division and a purser’s divi-
sion and designates the individual in charge of each di-
vision. Subsection (d) prescribes particular require-
ments of the purser’s division based on size of the ves-
sel or number of individuals employed in the division.
Subsection (e) prohibits the employment or service of
an individual who is not registered or of the grade as
required under this section and prescribes a penalty for
violation of the subsection. This penalty applies to
both the employer and the individual employed. If a
registered staff officer is unavailable at the time of de-
parture for a voyage, the vessel may proceed on its voy-
age with either an unregistered staff officer or without
a staff officer.
Subsection (f) prohibits including a staff officer on a
vessel’s certificate of inspection.
Subsections (g) and (h) prescribe the type and restric-
tions for the uniform accouterments of a staff officer.
Editorial Notes
AMENDMENTS
2021—Subsec. (d). Pub. L. 116–283 substituted ‘‘3 indi-
viduals’’ for ‘‘3 persons’’.
2006—Subsec. (g). Pub. L. 109–163 sub
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 8304
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