46 U.S.C. § 50501 — Entities deemed citizens of the United

Page 344 TITLE 46—SHIPPING § 50501 (A) comprise more than one-third of the total membership of the Committee or of any subcommittee therein; or (B) serve as the chair or co-chair of the Committee or of any subcommittee therein. (5) ADMINISTRATION.—For purposes of section 15109— (A) the Committee shall be treated as a committee established under chapter 151; and (B) the Secretary of Transportation shall fulfill all duties and responsibilities and have all authorities of the Secretary of Homeland Security with regard to the Com- mittee. (Added Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8332(a), Jan. 1, 2021, 134 Stat. 4703, § 55502; renumbered § 50402, Pub. L. 117–81, div. C, title XXXV, § 3512(a)(3), Dec. 27, 2021, 135 Stat. 2239.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–81 renumbered section 55502 of this title as this section. Statutory Notes and Related Subsidiaries TREATMENT OF EXISTING COMMITTEE Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8332(b), Jan. 1, 2021, 134 Stat. 4704, as amended by Pub. L. 117–81, div. C, title XXXV, § 3512(b), Dec. 27, 2021, 135 Stat. 2239, provided that: ‘‘Notwithstanding any other provision of law— ‘‘(1) an advisory committee substantially similar to the Committee established by section 50402 of title 46, United States Code, and that was in force or in effect on the day before the date of the enactment of this Act [Jan. 1, 2021], including the charter, membership, and other aspects of such advisory committee, may remain in force or in effect for the 2-year period be- ginning on the date of the enactment of this section; and ‘‘(2) during such 2-year period— ‘‘(A) requirements relating the Maritime Trans- portation System National Advisory Committee es- tablished by such section shall be treated as satis- fied by such substantially similar advisory com- mittee; and ‘‘(B) the enactment of this section shall not be the basis— ‘‘(i) to deem, find, or declare such committee, including the charter, membership, and other as- pects thereof, void, not in force, or not in effect; ‘‘(ii) to suspend the activities of such com- mittee; or ‘‘(iii) to bar the members of such committee from a meeting.’’ CHAPTER 505—OTHER GENERAL PROVISIONS Sec. 50501. Entities deemed citizens of the United States. 50502. Applicability to receivers, trustees, succes- sors, and assigns. 50503. Oceanographic research vessels. 50504. Sailing school vessels. 50505. Consistent approval of existing categorical exclusions. Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. C, title XXXV, § 3511(b)(2), Dec. 23, 2024, 138 Stat. 2306, added item 50505. § 50501. Entities deemed citizens of the United States (a) IN GENERAL.—In this subtitle, a corpora- tion, partnership, or association is deemed to be a citizen of the United States only if the con- trolling interest is owned by citizens of the United States. However, if the corporation, part- nership, or association is operating a vessel in the coastwise trade, at least 75 percent of the in- terest must be owned by citizens of the United States. (b) ADDITIONAL REQUIREMENTS FOR CORPORA- TIONS.—In this subtitle, a corporation is deemed to be a citizen of the United States only if, in addition to satisfying the requirements in sub- section (a)— (1) it is incorporated under the laws of the United States or a State; (2) its chief executive officer, by whatever title, and the chairman of its board of direc- tors are citizens of the United States; and (3) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum. (c) DETERMINATION OF CONTROLLING CORPORATE INTEREST.—The controlling interest in a cor- poration is owned by citizens of the United States under subsection (a) only if— (1) title to the majority of the stock in the corporation is vested in citizens of the United States free from any trust or fiduciary obliga- tion in favor of a person not a citizen of the United States; (2) the majority of the voting power in the corporation is vested in citizens of the United States; (3) there is no contract or understanding by which the majority of the voting power in the corporation may be exercised, directly or indi- rectly, in behalf of a person not a citizen of the United States; and (4) there is no other means by which control of the corporation is given to or permitted to be exercised by a person not a citizen of the United States. (d) DETERMINATION OF 75 PERCENT CORPORATE INTEREST.—At least 75 percent of the interest in a corporation is owned by citizens of the United States under subsection (a) only if— (1) title to at least 75 percent of the stock in the corporation is vested in citizens of the United States free from any trust or fiduciary obligation in favor of a person not a citizen of the United States; (2) at least 75 percent of the voting power in the corporation is vested in citizens of the United States; (3) there is no contract or understanding by which more than 25 percent of the voting power in the corporation may be exercised, di- rectly or indirectly, in behalf of a person not a citizen of the United States; and (4) there is no other means by which control of more than 25 percent of any interest in the corporation is given to or permitted to be ex- ercised by a person not a citizen of the United States. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1566.) Page 345 TITLE 46—SHIPPING § 50505 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50501(a) ...... 46 App.:802(a) (words before 3d comma and after 11th comma). Sept. 7, 1916, ch. 451, § 2(a)–(c), 39 Stat. 729; July 15, 1918, ch. 152, § 2, 40 Stat. 900; June 5, 1920, ch. 250, § 38, 41 Stat. 1008; Pub. L. 86–327, § 3, Sept. 21, 1959, 73 Stat. 597; Pub. L. 105–383, title IV, § 421, Nov. 13, 1998, 112 Stat. 3439. 46 App.:1244(c). June 29, 1936, ch. 858, title IX, § 905(c), 49 Stat. 2016; June 23, 1938, ch. 600, § 39(b), 52 Stat. 964; Pub. L. 86–327, § 4, Sept. 21, 1959, 73 Stat. 597. 50501(b) ...... 46 App.:802(a) (words between 3d and 11th com- mas). 50501(c) ...... 46 App.:802(b). 50501(d) ...... 46 App.:802(c). In subsection (a), the words ‘‘and with respect to a corporation under subchapter VI of this chapter, all di- rectors of the corporation are citizens of the United States’’ in 46 App. U.S.C. 1244(c) are omitted because part A of subchapter VI contains the operating-dif- ferential subsidy program which, under 46 App. U.S.C. 1185a, is being phased out, and part B of subchapter VI contains the Maritime Security Fleet program which is being repealed (effective October 1, 2005) and replaced by chapter 531 of title 46 as enacted by the Maritime Security Act of 2003. Thus, subchapter VI is being omit- ted from the revised title and will instead appear as a note under section 53101. The words ‘‘and, in the case of a corporation, partnership, or association operating a vessel on the Great Lakes, or on bays, sounds, rivers, harbors, or inland lakes of the United States the amount of interest required to be owned by a citizen of the United States shall be not less than 75 per centum’’ in 46 App. U.S.C. 1244(c) are omitted as covered by the 75 percent ownership requirement for operation in the coastwise trade. In subsection (b)(1), the words ‘‘Territory, District, or possession thereof’’ are omitted because of the defini- tion of ‘‘State’’ in chapter 1 of the revised title. § 50502. Applicability to receivers, trustees, suc- cessors, and assigns This subtitle applies to receivers, trustees, successors, and assigns of any person to whom this subtitle applies. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1567.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50502 .......... 46 App.:803. Sept. 7, 1916, ch. 451, § 2(d), 39 Stat. 729; June 5, 1920, ch. 250, § 38, 41 Stat. 1008. § 50503. Oceanographic research vessels An oceanographic research vessel (as defined in section 2101 of this title) is deemed not to be engaged in trade or commerce. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1567.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50503 .......... 46 App.:441. Pub. L. 89–99, §§ 1, 3, 4, July 30, 1965, 79 Stat. 424. 46 App.:443. 46 App.:444. The definitions of ‘‘oceanographic research vessel’’ and ‘‘scientific personnel’’ in 46 App. U.S.C. 441 are omitted because substantially the same definitions are already in 46 U.S.C. 2101. The text of 46 App. U.S.C. 444 is omitted because sec- tion 10101(3) of title 46, which defines ‘‘seaman’’ for pur- poses of part G of subtitle II of title 46, already con- tains an exception for scientific personnel. Title 53 of the Revised Statutes, referred to [in] 46 App. U.S.C. 444, was previously codified principally in part G of subtitle II of title 46. § 50504. Sailing school vessels (a) DEFINITIONS.—In this section, the terms ‘‘sailing school instructor’’, ‘‘sailing school stu- dent’’, and ‘‘sailing school vessel’’ have the meaning given those terms in section 2101 of this title. (b) NOT SEAMEN.—A sailing school student or sailing school instructor is deemed not to be a seaman under— (1) parts B, F, and G of subtitle II of this title; or (2) the maritime law doctrines of mainte- nance and cure or warranty of seaworthiness. (c) NOT MERCHANT VESSEL OR ENGAGED IN TRADE OR COMMERCE.—A sailing school vessel is deemed not to be— (1) a merchant vessel under section 11101(a)–(c) of this title; or (2) a vessel engaged in trade or commerce. (d) EVIDENCE OF FINANCIAL RESPONSIBILITY.— The owner or charterer of a sailing school vessel shall maintain evidence of financial responsi- bility to meet liability for death or injury to sailing school students and sailing school in- structors on a voyage on the vessel. The amount of financial responsibility shall be at least $50,000 for each student and instructor. Finan- cial responsibility under this subsection may be evidenced by insurance or other adequate finan- cial resources. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1568.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50504(a) ...... 46 App.:446c. Pub. L. 97–322, title II, §§ 204, 205, 207, Oct. 15, 1982, 96 Stat. 1589. 50504(b) ...... 46 App.:446. 50504(c) ...... 46 App.:446b. Pub. L. 97–322, title II, § 206, Oct. 15, 1982, 96 Stat. 1590; Pub. L. 98–557, § 34(b), Oct. 30, 1984, 98 Stat. 2876. 50504(d) ...... 46 App.:446a. In subsection (b)(1), the words ‘‘parts B, F, and G of subtitle II of this title’’ are substituted for ‘‘the provi- sions of titles 52 and 53 of the Revised Statutes of the United States and any Act amendatory thereof or sup- plementary thereto’’ because the relevant provisions of titles 52 and 53 of the Revised Statutes were previously codified in parts B, F, and G of subtitle II of title 46. In subsection (c), references to 46 App. U.S.C. 291 and 883 are omitted for consistency with section 50503 of the revised title. § 50505. Consistent approval of existing categor- ical exclusions In accordance with section 139 of title 23, the Maritime Administrator may approve any ac- tion qualifying as a categorical exclusion appli- cable to the Federal Highway Administration, the Federal Transit Administration, or the Fed- eral Railroad Administration when the applica-