46 U.S.C. § 50114 — National maritime strategy

Page 331 TITLE 46—SHIPPING § 50114 (3) The existence of an established program of the applicant encompassing research and training directed to enhancing maritime in- dustries. (4) The demonstrated ability of the applicant to assemble and evaluate pertinent informa- tion from national and international sources and to disseminate results of maritime indus- try research and educational programs through a continuing education program. (5) The qualification of the applicant as a nonprofit institution of higher learning. (e) FINANCIAL AWARDS.—The Secretary may make awards on an equal matching basis to an institute designated under subsection (a) from amounts appropriated. The aggregate annual amount of the Federal share of the awards by the Secretary may not exceed $500,000. (f) UNIVERSITY TRANSPORTATION RESEARCH FUNDS.—The Secretary may make a grant under section 5505 of title 49 to an institute designated under subsection (a) for maritime and maritime intermodal research under that section as if the institute were a university transportation cen- ter. In making a grant, the Secretary, through the Office of the Assistant Secretary for Re- search and Technology of the Department of Transportation, shall advise the Maritime Ad- ministration on the availability of funds for the grants and consult with the Administration on making the grants. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1561; Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50112 .......... 46 App.:1121–2. Pub. L. 101–115, § 8, Oct. 13, 1989, 103 Stat. 694; Pub. L. 101–595, title VII, § 702, Nov. 16, 1990, 104 Stat. 2994; Pub. L. 102–241, § 47, Dec. 19, 1991, 105 Stat. 2227; Pub. L. 106–398, § 1 [div. C, title XXXV, § 3504], Oct. 30, 2000, 114 Stat. 1654, 1654A–493; Pub. L. 108–426, Nov. 30, 2004, § 2(c)(4), 118 Stat. 2424. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Office of the Assistant Secretary for Research and Technology of the Department of Transportation’’ sub- stituted for ‘‘Research and Innovative Technology Ad- ministration’’ in subsec. (f) on authority of title I of div. L of Pub. L. 113–76, set out in part as a note under former section 112 of Title 49, Transportation. § 50113. Use and performance reports by opera- tors of vessels (a) FILING REQUIREMENT.—The Secretary of Transportation by regulation may require the operator of a vessel in the waterborne foreign commerce of the United States to file such re- port, account, record, or memorandum on the use and performance of the vessel as the Sec- retary considers desirable to assist in carrying out this subtitle. The report, account, record, or memorandum shall be signed and verified, and be filed at the times and in the manner, as pro- vided by regulation. (b) CIVIL PENALTY.—An operator not filing a report, account, record, or memorandum re- quired by the Secretary under this section is lia- ble to the United States Government for a civil penalty of $50 for each day of the violation. A penalty imposed under this section on the oper- ator of a vessel constitutes a lien on the vessel involved in the violation. A civil action in rem to enforce the lien may be brought in the dis- trict court of the United States for any district in which the vessel is found. The Secretary may remit or mitigate any penalty imposed under this section. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1562.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50113 .......... 46 App.:1122a. June 29, 1936, ch. 858, title II, § 212(A), as added June 25, 1956, ch. 437, 70 Stat. 332; Aug. 6, 1981, Pub. L. 97–31, § 12(70), 95 Stat. 159. § 50114. National maritime strategy (a) IN GENERAL.—The Secretary of Transpor- tation, in consultation with the Secretary of the department in which the Coast Guard is oper- ating and the Commander of United States Transportation Command, shall submit to the Committee on Transportation and Infrastruc- ture of the House of Representatives and the Committee on Commerce, Science, and Trans- portation of the Senate— (1) a national maritime strategy; and (2) not less often than once every five years after the submission of such strategy, an up- date to the strategy. (b) CONTENTS.—The strategy required under subsection (a) shall include each of the fol- lowing: (1) An identification of— (A) international policies and Federal reg- ulations and policies that reduce the com- petitiveness of United States-documented vessels with foreign vessels in domestic and international transportation markets; and (B) the impact of reduced cargo flow due to reductions in the number of members of the United States Armed Forces stationed or de- ployed outside of the United States. (2) Recommendations to— (A) make United States-documented ves- sels more competitive in shipping routes be- tween United States and foreign ports; (B) increase the use of United States-docu- mented vessels to carry cargo imported to and exported from the United States; (C) ensure compliance by Federal agencies with chapter 553; (D) increase the use of short sea transpor- tation routes, including routes designated under section 55601(b), to enhance inter- modal freight movements; (E) enhance United States shipbuilding ca- pability; (F) invest in, and identify gaps in, infra- structure needed to facilitate the movement of goods at ports and throughout the trans- portation system, including innovative physical and information technologies; Page 332 TITLE 46—SHIPPING § 50301 (G) enhance workforce training and re- cruitment for the maritime workforce, in- cluding training on innovative physical and information technologies; (H) increase the resilience of ports and the marine transportation system; (I) increase the carriage of government-im- pelled cargo on United States-documented vessels pursuant to chapter 553 of title 46, section 2631 of title 10, or otherwise; and (J) maximize the cost effectiveness of Fed- eral funding for carriage of non-defense gov- ernment impelled cargo for the purposes of maintaining a United States flag fleet for national and economic security. (c) UPDATE.—Upon the release of a strategy or update under subsection (a), the Secretary of Transportation shall make such strategy or up- date publicly available on the website of the De- partment of Transportation. (d) IMPLEMENTATION PLAN.—Not later than six months after the submission of a strategy or up- date under subsection (a), the Secretary of Transportation, in consultation with the Sec- retary of the department in which the Coast Guard is operating and the Secretary of Defense, shall make publicly available on an appropriate website an implementation plan for such strat- egy or update. (Added Pub. L. 117–263, div. C, title XXXV, § 3542(b)(1), Dec. 23, 2022, 136 Stat. 3096.) Statutory Notes and Related Subsidiaries ACCOUNTABILITY FOR NATIONAL MARITIME STRATEGY Pub. L. 118–31, div. C, title XXXV, § 3537, Dec. 22, 2023, 137 Stat. 835, provided that: ‘‘(a) BIANNUAL BRIEFING.— ‘‘(1) REQUIREMENT.—Not less than twice annually, the Administrator of the Maritime Administration, in consultation with the National Security Council, the Secretary of State, the Secretary of Transpor- tation, and the Secretary of Homeland Security, shall provide to the appropriate congressional committees briefings on the status of establishing the type of na- tional maritime strategy required under section 50114 of title 46, United States Code. The Chief of Naval Op- erations, the Commandant of the Marine Corps, and the Commandant of the Coast Guard shall participate in each briefing required under this paragraph. ‘‘(2) USE.—The Administrator shall use the brief- ings required under paragraph (1) to augment and in- fluence the national maritime strategy discussion with national security focused stakeholders across the administration, until an updated strategy is pub- lished and endorsed by the President of the United States. ‘‘(b) ELEMENTS.—As the national maritime strategy relates to national security, each briefing under sub- section (a) shall include the following: ‘‘(1) Recommendations for a whole-of-Government approach to orchestrating national instruments of power to shape all elements of the maritime enter- prise of the United States, domestic and inter- national, on the high seas or domestic waterways. ‘‘(2) An assessment of great power competition in the maritime domain, to include opportunities for in- creased cooperation with allied and partner global maritime industry leaders to improve national ship- building and shipping, while promoting the inter- national rules-based maritime order. ‘‘(3) An analysis of existing shipyards to build and capitalize on the virtuous cycle between commercial and military shipbuilding and repair, including areas of improvement. ‘‘(4) An analysis of opportunities for private or pub- lic financing to increase the capacity, efficiency, and effectiveness of United States shipyards, including infrastructure, labor force, technology, and global competitiveness. ‘‘(5) An analysis of potential improvements to na- tional or cooperative arrangements for sealift capac- ity and shipping, including for contested logistics. ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘appropriate congressional com- mittees’ means— ‘‘(1) the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]; ‘‘(2) and [sic] the Committee on Transportation and Infrastructure of the House of Representatives; and ‘‘(3) the Committee on Commerce, Science, and Transportation of the Senate.’’ DEADLINE FOR SUBMISSION OF STRATEGY Pub. L. 117–263, div. C, title XXXV, § 3542(b)(2)(B), Dec. 23, 2022, 136 Stat. 3098, provided that: ‘‘The Secretary [of Transportation] shall submit the national maritime strategy required under section 50114(a)(1) of title 46, United States Code, as added by paragraph (1), not later than six months after the date on which the Secretary receives the study under subsection (a).’’ CHAPTER 503—ADMINISTRATIVE Sec. 50301. Vessel Operations Revolving Fund. 50302. Port development. 50303. Operating property and extending term of notes. 50304. Sale and transfer of property. 50305. Appointment of trustee or receiver and oper- ation of vessels. 50306. Requiring testimony and records in investiga- tions. 50307. Maritime environmental and technical assist- ance program. 50308. Maritime transportation system emergency relief program. 50309. Securing logistics information data of the United States. Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, div. A, title VIII, § 825(b)(2), div. C, title XXXV, § 3514(c), Dec. 22, 2023, 137 Stat. 333, 810, substituted ‘‘Maritime transportation system emer- gency relief program’’ for ‘‘Port development; mari- time transportation system emergency relief program’’ in item 50308 and added item 50309. 2021—Pub. L. 116–283, div. C, title XXXV, § 3505(b), Jan. 1, 2021, 134 Stat. 4405, added item 50308. 2012—Pub. L. 112–213, title IV, § 403(b), Dec. 20, 2012, 126 Stat. 1570, added item 50307. § 50301. Vessel Operations Revolving Fund (a) IN GENERAL.—There is a ‘‘Vessel Oper- ations Revolving Fund’’ for use by the Secretary of Transportation in carrying out duties and powers related to vessel operations, including charter, operation, maintenance, repair, recon- ditioning, and improvement of merchant vessels under the jurisdiction of the Secretary. The Fund has a working capital of $20,000,000, to re- main available until expended. (b) RELATIONSHIP TO OTHER LAWS.—Notwith- standing any other law, rates for shipping serv- ices provided under the Fund shall be prescribed by the Secretary and the Fund shall be credited with receipts from vessel operations conducted under the Fund. Sections 1(a) and (c), 3(c), and 4