2018 US Code
Title 46 - Shipping
Subtitle V - Merchant Marine
Part C - Financial Assistance Programs
Chapter 531 - Maritime Security Fleet
Sec. 53106 - Payments

(a) Annual Payment.—

(b) Certification Required for Payment.—As a condition of receiving payment under this section for a fiscal year for a vessel, the contractor for the vessel shall certify, in accordance with regulations issued by the Secretary, that the vessel has been and will be operated in accordance with paragraph (1) and (2) of section 53105(a), as otherwise applicable with respect to such vessel, for at least 320 days in the fiscal year. Days during which the vessel is drydocked, surveyed, inspected, or repaired shall be considered days of operation for purposes of this subsection.

(c) General Limitations.—The Secretary of Transportation shall not make any payment under this chapter for a vessel with respect to any days for which the vessel is—

(d) Reductions in Payments.—With respect to payments under this chapter for a vessel covered by an operating agreement, the Secretary—

(e) Limitation Regarding Noncontiguous Domestic Trade.—

(Added Pub. L. 108–136, div. C, title XXXV, §3531(a), Nov. 24, 2003, 117 Stat. 1813; amended Pub. L. 109–304, §13(a)(5), Oct. 6, 2006, 120 Stat. 1701; Pub. L. 109–364, div. C, title XXXV, §3502(c), Oct. 17, 2006, 120 Stat. 2516; Pub. L. 111–383, div. C, title XXXV, §3502(2), Jan. 7, 2011, 124 Stat. 4518; Pub. L. 112–239, div. C, title XXXV, §3508(f), Jan. 2, 2013, 126 Stat. 2225; Pub. L. 114–113, div. O, title I, §101(e)(1), Dec. 18, 2015, 129 Stat. 2988; Pub. L. 114–328, div. C, title XXXV, §3502(b), Dec. 23, 2016, 130 Stat. 2775; Pub. L. 115–91, div. C, title XXXV, §3503(b), Dec. 12, 2017, 131 Stat. 1911; Pub. L. 115–232, div. C, title XXXV, §3546(o), Aug. 13, 2018, 132 Stat. 2327.)

2018—Subsec. (a)(1). Pub. L. 115–232 redesignated subpars. (E) to (G) as (A) to (C), respectively, and struck out former subpars. (A) to (D) which set out payment amounts for fiscal years 2006 to 2017.

2017—Subsec. (b). Pub. L. 115–91, §3503(b)(1), substituted "paragraph (1) and (2) of section 53105(a), as otherwise applicable with respect to such vessel," for "section 53105(a)(1)".

Subsec. (d)(3). Pub. L. 115–91, §3503(b)(2), substituted "paragraph (1) and (2) of section 53105(a), as otherwise applicable with respect to such vessel" for "section 53105(a)(1)".

2016—Subsec. (c)(3). Pub. L. 114–328 substituted "; or" for "or (C);" at end of subpar. (A) and a period for "; or" at end of subpar. (B) and struck out subpar. (C) which read as follows: "30 years of age, in the case of a lighter aboard ship vessel."

2015—Subsec. (a)(1)(B). Pub. L. 114–113, §101(e)(1)(A), struck out comma before "for each".

Subsec. (a)(1)(C). Pub. L. 114–113, §101(e)(1)(B), substituted "and 2015;" for "2015, 2016, 2017, and 2018;".

Subsec. (a)(1)(D) to (G). Pub. L. 114–113, §101(e)(1)(C), (D), added subpars. (D) to (F), redesignated former subpar. (E) as (G), and struck out former subpar. (D) which read as follows: "$3,500,000 for each of fiscal years 2019, 2020, and 2021; and".

2013—Subsec. (a)(1)(B) to (E). Pub. L. 112–239, §3508(f)(1), added subpars. (C) to (E) and struck out former subpar. (C) which read as follows: "$3,100,000 for each of fiscal years 2012 though 2025."

Subsec. (c)(3)(C). Pub. L. 112–239, §3508(f)(2), substituted "a lighter aboard ship vessel." for "a LASH vessel."

Subsec. (f). Pub. L. 112–239, §3508(f)(3), struck out subsec. (f). Text read as follows: "If the amount available for a fiscal year for making payments under operating agreements under this chapter is not sufficient to pay the full amount authorized under each agreement pursuant to this section for such fiscal year, the amount available shall be allocated among such agreements in a manner that gives priority to payments for vessels that are subject to agreements under section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 note)."

2011—Subsec. (a)(1)(C). Pub. L. 111–383 substituted "for each of fiscal years 2012 though 2025" for "for each fiscal years 2012, 2013, 2014, and 2015".

2006—Subsec. (d)(1). Pub. L. 109–304, §13(a)(5)(A), substituted "section 55302(a), 55304, 55305, or 55314 of this title, section 2631 of title 10" for "section 2631 of title 10, United States Code, the Act of March 26, 1934 (46 U.S.C. App. 1241–1), section 901(a), 901(b), or 901b of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b), or 1241f)".

Subsec. (d)(2). Pub. L. 109–304, §13(a)(5)(B), substituted "section 55302(a), 55305, or 55314 of this title" for "section 901(a), 901(b), or 901b of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b), or 1241f),".

Subsec. (e)(2). Pub. L. 109–304, §13(a)(5)(C), substituted "section 50501 of this title, applying the 75 percent ownership requirement of that section" for "section 2(c) of the Shipping Act, 1916 (46 U.S.C. App. 802(c))".

Subsec. (f). Pub. L. 109–364 added subsec. (f).

Amendment by section 3508(f)(2) of Pub. L. 112–239 effective Dec. 31, 2014, see section 3508(j)(2) of Pub. L. 112–239, set out as a note under section 53101 of this title.