In this chapter:
(1)
(A) an eligible vessel or a qualified vessel that is subject to an agreement under this chapter; and
(B) a barge or container that is part of the complement of a vessel described in subparagraph (A) if provided for in the agreement.
(2)
(A) a vessel-
(i) constructed in the United States (and, if reconstructed, reconstructed in the United States), constructed outside the United States but documented under the laws of the United States on April 15, 1970, or constructed outside the United States for use in the United States foreign trade pursuant to a contract made before April 15, 1970;
(ii) documented under the laws of the United States; and
(iii) operated in the foreign or domestic trade of the United States or in the fisheries of the United States; and
(B) a commercial fishing vessel-
(i) constructed in the United States and, if reconstructed, reconstructed in the United States;
(ii) of at least 2 net tons but less than 5 net tons;
(iii) owned by a citizen of the United States;
(iv) having its home port in the United States; and
(v) operated in the commercial fisheries of the United States.
(3)
(4)
(A) trade between-
(i) one of the contiguous 48 States; and
(ii) Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and
(B) trade between-
(i) a place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and
(ii) another place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States.
(5)
(A) a vessel-
(i) constructed in the United States (and, if reconstructed, reconstructed in the United States), constructed outside the United States but documented under the laws of the United States on April 15, 1970, or constructed outside the United States for use in the United States foreign trade pursuant to a contract made before April 15, 1970;
(ii) documented under the laws of the United States; and
(iii) agreed, between the Secretary and the person maintaining the capital construction fund established under section 53503 of this title, to be operated in the United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade or in the fisheries of the United States; and
(B) a commercial fishing vessel-
(i) constructed in the United States and, if reconstructed, reconstructed in the United States;
(ii) of at least 2 net tons but less than 5 net tons;
(iii) owned by a citizen of the United States;
(iv) having its home port in the United States; and
(v) operated in the commercial fisheries of the United States.
(6)
(A) the Secretary of Commerce with respect to an eligible vessel or a qualified vessel operated or to be operated in the fisheries of the United States; and
(B) the Secretary of Transportation with respect to other vessels.
(7)
(A) that is-
(i) contained in intermodal cargo containers and loaded by crane on the vessel; or
(ii) loaded on the vessel by means of wheeled technology; and
(B) that is-
(i) loaded at a port in the United States and unloaded either at another port in the United States or at a port in Canada located in the Great Lakes Saint Lawrence Seaway System; or
(ii) loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States.
(8)
(9)
(A) cargo handling equipment that the Secretary determines is intended for use primarily on the vessel; and
(B) an ocean-going towing vessel, an ocean-going barge, or a comparable towing vessel or barge operated on the Great Lakes.
(
The codification of the laws in this chapter is not intended to alter the existing jurisdictional relationship of the Secretaries who administer those laws.
In paragraph (2)(A)(iii), the word "trade" is substituted for "commerce" for consistency in the chapter.
Section 506 of the Merchant Marine Act, 1936, referred to in par. (8), is section 506 of act June 29, 1936, ch. 858,
2018-Par. (5)(A)(iii).
Par. (7).
Pars. (8), (9).
2007-Par. (5)(A)(iii).
Par. (7).
Amendment by