22 U.S.C. § 1980a — Reimbursement of owner for fee paid to

Page 498 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1980a [amending this section] shall take effect January 1, 1979.’’ SAVINGS PROVISION Pub. L. 95–376, § 3(c), Sept. 18, 1978, 92 Stat. 718, pro- vided that: ‘‘Nothing in the amendment made by sub- section (a) [amending this section] shall be construed as affecting in any manner or to any extent any loan made under section 10 of the Fishermen’s Protective Act of 1967 (as in effect before January 1, 1979) [this sec- tion], and, for purposes of the consideration by the Sec- retary of Commerce of any application for a loan under such section which was filed, but not acted on, before January 1, 1979, the amendment made by subsection (a) shall not be deemed to have been enacted.’’ COMPENSATION FOR CERTAIN FISHING VESSEL AND GEAR DAMAGE; APPLICATION Pub. L. 96–561, title II, § 240(a), (b)(1), Dec. 22, 1980, 94 Stat. 3300, 3301, provided that: ‘‘(a) IN GENERAL.—If— ‘‘(1) any owner or operator of a fishing vessel who suffered, after September 17, 1978, and before the date of the enactment of this title [Dec. 22, 1980], damage to, or loss or destruction of, such vessel or fishing gear used with such vessel, but did not apply for com- pensation therefor under section 10 of the Fisher- men’s Protective Act of 1967 (22 U.S.C. 1980) within the 60-day period prescribed in subsection (c)(1) of such section; or ‘‘(2) any commercial fisherman who suffered, after September 17, 1978, and before the date of the enact- ment of this title, damages compensable under title IV of the Outer Continental Shelf Lands Act of 1978 (43 U.S.C. 1841 et seq.), but who did not timely file a claim therefor within the 60-day period prescribed in section 405(a) of such Act [43 U.S.C. 1845(a)]; such owner or operator may make application for com- pensation with respect to such damage, loss or destruc- tion under such section 10 [this section], and such com- mercial fisherman may file a claim for, compensation for such damages under such title IV [43 U.S.C. 1841 et seq.], to the Secretary of Commerce, within the 60-day period beginning on the date of the enactment of this title [Dec. 22, 1980]. ‘‘(b) SPECIAL PROVISIONS.—(1) Notwithstanding any other provision of law— ‘‘(A) any application or filing timely made under subsection (a) shall be treated by the Secretary of Commerce as an application timely made under such section 10(c)(1) [subsec. (c)(1) of this section], or as a filing timely made under such section 405(a) [43 U.S.C. 1845(a)], as the case may be, with respect to the damage, loss, or destruction claimed; and ‘‘(B) any claim for fishing gear loss that was pend- ing on June 1, 1980, before the United States-Union of Soviet Socialist Republics Fisheries Claims Board or the American-Spanish Fisheries Board shall be treat- ed by the Secretary of Commerce as a timely applica- tion made, on the date of the enactment of this title [Dec. 22, 1980], under such section 10(c)(1) [subsec. (c)(1) of this section] for compensation for such loss.’’ TIMELY APPLICATIONS FOR COMPENSATION Pub. L. 96–289, § 4(a), June 28, 1980, 94 Stat. 605, pro- vided that: ‘‘Notwithstanding the provisions of section 10(c)(1) of the Fishermens Protective Act of 1967 (22 U.S.C. 1980) [subsec. (c)(1) of this section] applications for compensation under such Act [this chapter], filed within 90 days after the date of enactment of this sub- section [June 28, 1980] shall be deemed to be timely filed.’’ § 1980a. Reimbursement of owner for fee paid to navigate foreign waters if fee inconsistent with international law (a) Reimbursable fees In any case on or after June 15, 1994, in which a vessel of the United States exercising its right of passage is charged a fee by the government of a foreign country to engage in transit passage between points in the United States (including a point in the exclusive economic zone or in an area over which jurisdiction is in dispute), and such fee is regarded by the United States as being inconsistent with international law, the Secretary of State shall, subject to the avail- ability of appropriated funds, reimburse the ves- sel owner for the amount of any such fee paid under protest. (b) Documentation In seeking such reimbursement, the vessel owner shall provide, together with such other information as the Secretary of State may re- quire— (1) a copy of the receipt for payment; (2) an affidavit attesting that the owner or the owner’s agent paid the fee under protest; and (3) a copy of the vessel’s certificate of docu- mentation. (c) Timeliness Requests for reimbursement shall be made to the Secretary of State within 120 days after the date of payment of the fee, or within 90 days after November 3, 1995, whichever is later. (d) Funding; appropriations Such funds as may be necessary to meet the requirements of this section may be made avail- able from the unobligated balance of previously appropriated funds remaining in the Fisher- men’s Protective Fund established under section 1979 of this title. To the extent that requests for reimbursement under this section exceed such funds, there are authorized to be appropriated such sums as may be needed for reimbursements authorized under subsection (a), which shall be deposited in the Fishermen’s Protective Fund established under section 1979 of this title. (e) Claim against foreign government The Secretary of State shall take such action as the Secretary deems appropriate to make and collect claims against the foreign country im- posing such fee for any amounts reimbursed under this section. (f) ‘‘Owner’’ defined For purposes of this section, the term ‘‘owner’’ includes any charterer of a vessel of the United States. (Aug. 27, 1954, ch. 1018, § 11, as added Pub. L. 104–43, title IV, § 402(a), Nov. 3, 1995, 109 Stat. 389.) Statutory Notes and Related Subsidiaries CONGRESSIONAL FINDINGS Pub. L. 104–43, title IV, § 401, Nov. 3, 1995, 109 Stat. 388, provided that: ‘‘The Congress finds that— ‘‘(1) customary international law and the United Nations Convention on the Law of the Sea guarantee the right of passage, including innocent passage, to vessels through the waters commonly referred to as the ‘Inside Passage’ off the Pacific Coast of Canada; ‘‘(2) in 1994 Canada required all commercial fishing vessels of the United States to pay 1,500 Canadian dollars to obtain a ‘license which authorizes transit’ through the Inside Passage; Page 499 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE §§ 1991 to 2001 ‘‘(3) this action was inconsistent with international law, including the United Nations Convention on the Law of the Sea, and, in particular, Article 26 of that Convention, which specifically prohibits such fees, and threatened the safety of United States commer- cial fishermen who sought to avoid the fee by trav- eling in less protected waters; ‘‘(4) the Fishermen’s Protective Act of 1967 [22 U.S.C. 1971 et seq.] provides for the reimbursement of vessel owners who are forced to pay a license fee to secure the release of a vessel which has been seized, but does not permit reimbursement of a fee paid by the owner in advance in order to prevent a seizure; ‘‘(5) Canada required that the license fee be paid in person in 2 ports on the Pacific Coast of Canada, or in advance by mail; ‘‘(6) significant expense and delay was incurred by commercial fishing vessels of the United States that had to travel from the point of seizure back to one of those ports in order to pay the license fee required by Canada, and the costs of that travel and delay cannot be reimbursed under the Fishermen’s Protective Act; ‘‘(7) the Fishermen’s Protective Act of 1967 should be amended to permit vessel owners to be reimbursed for fees required by a foreign government to be paid in advance in order to navigate in the waters of that foreign country if the United States considers that fee to be inconsistent with international law; ‘‘(8) the Secretary of State should seek to recover from Canada any amounts paid by the United States to reimburse vessel owners who paid the transit li- cense fee; ‘‘(9) the United States should review its current policy with respect to anchorage by commercial fish- ing vessels of Canada in waters of the United States off Alaska, including waters in and near the Dixon Entrance, and should accord such vessels the same treatment that commercial fishing vessels of the United States are accorded for anchorage in the wa- ters of Canada off British Columbia; ‘‘(10) the President should ensure that, consistent with international law, the United States Coast Guard has available adequate resources in the Pacific Northwest and Alaska to provide for the safety of United States citizens, the enforcement of United States law, and to protect the rights of the United States and keep the peace among vessels operating in disputed waters; ‘‘(11) the President should continue to review all agreements between the United States and Canada to identify other actions that may be taken to convince Canada that any reinstatement of the transit license fee would be against Canada’s long-term interests, and should immediately implement any actions which the President deems appropriate if Canada re- instates the fee; ‘‘(12) the President should continue to convey to Canada in the strongest terms that the United States will not now, nor at any time in the future, tolerate any action by Canada which would impede or other- wise restrict the right of passage of vessels of the United States in a manner inconsistent with inter- national law; and ‘‘(13) the United States should continue its efforts to seek expeditious agreement with Canada on appro- priate fishery conservation and management meas- ures that can be implemented through the Pacific Salmon Treaty to address issues of mutual concern.’’ § 1980b. Sanctions for imposition of conditions on U.S. fishing vessel found inconsistent with international law (a) Certification If the Secretary of State finds that the gov- ernment of any nation imposes conditions on the operation or transit of United States fishing vessels which the United States regards as being inconsistent with international law or an inter- national agreement, the Secretary of State shall certify that fact to the President. (b) Sanctions Upon receipt of a certification under sub- section (a), the President shall direct the heads of Federal agencies to impose similar conditions on the operation or transit of fishing vessels registered under the laws of the nation which has imposed conditions on United States fishing vessels. (c) ‘‘Fishing vessel’’ defined For the purposes of this section, the term ‘‘fishing vessel’’ has the meaning given that term in section 2101(12) of title 46. (d) Sanctions commensurate with conditions cer- tified It is the sense of the Congress that any action taken by any Federal agency under subsection (b) should be commensurate with any conditions certified by the Secretary of State under sub- section (a). (Aug. 27, 1954, ch. 1018, § 12, as added Pub. L. 104–43, title IV, § 402(b), Nov. 3, 1995, 109 Stat. 390; amended Pub. L. 115–232, div. C, title XXXV, § 3541(b)(4), Aug. 13, 2018, 132 Stat. 2323.) Editorial Notes AMENDMENTS 2018—Subsec. (c). Pub. L. 115–232 substituted ‘‘section 2101(12)’’ for ‘‘section 2101(11a)’’. CHAPTER 26—ARMED FORCES PARTICIPA- TION IN INTERNATIONAL AMATEUR SPORTS COMPETITIONS §§ 1981 to 1985. Repealed. Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569 Section 1981, acts July 1, 1947, ch. 203, § 1, 61 Stat. 243; Mar. 14, 1955, ch. 11, 69 Stat. 11, defined terms used in sections 1981 to 1985 of this title. See section 716 of Title 10, Armed Forces. Section 1982, act July 1, 1947, ch. 203, § 2, as added Mar. 14, 1955, ch. 11, 69 Stat. 11, related to training, at- tendance, and participation, report to Congress, and to funds and equipment. See section 716 of Title 10. Section 1983, act July 1, 1947, ch. 203, § 3, as added Mar. 14, 1955, ch. 11, 69 Stat. 11, prescribed limitations on expenditure of funds, and related to use of appro- priations. See section 716 of Title 10. Sections 1984, 1985, act July 1, 1947, ch. 203, §§ 4, 5, as added Mar. 14, 1955, ch. 11, 69 Stat. 11, authorized pay- ment of allowances, travel and transportation, and sub- sistence and quarters. See section 419 of Title 37, Pay and Allowances of the Uniformed Services. CHAPTER 27—INTERNATIONAL CULTURAL EXCHANGE AND TRADE FAIR PARTICIPA- TION §§ 1991 to 2001. Repealed. Pub. L. 87–256, § 111(a)(3), Sept. 21, 1961, 75 Stat. 538 Sections, act Aug. 1, 1956, ch. 811, §§ 2–12, 70 Stat. 778–780, related to international cultural exchange and trade fair participation. See section 2451 et seq. of this title. Section 1991 stated purpose of chapter. Section 1992 prescribed authority of President, and appointment and compensation of Commissioner Gen- eral and principal representatives. Section 1993 encouraged private participation and contributions of funds, property, and services.