Page:United States Statutes at Large Volume 102 Part 5.djvu/744

 102 STAT. 4750

Law enforcement and

Law enforcement and

PUBLIC LAW 100-710—NOV. 23, 1988

and inserting in lieu thereof "and the licensing of masters, mates, pilots, and engineers,"; (4) in sections 12102(b), 12103(a), 12105(c), 12110(a), 12112 (a), 0)), and (c), 12117, 12119, and 12120, by inserting "of Transportation" immediately after "Secretary" the first time it appears; (5) in section 12102, by adding at the end the following: "(c) A vessel titled in a State is eligible for documentation only if the State certificate of title is surrendered."; and (6) in section 12103(c), by amending clause (1) to read as follows: "(1) identify and describe the vessel;". (b) Section 9 of the Shipping Act, 1916 (46 App. U.S.C. 808), is amended— (1) in the first paragraph, by inserting "(a)" immediately after "SEC. 9."; (2) in the second paragraph, by inserting "(b)" immediately before "Every vessel"; and (3) by striking the third, fourth, and fifth paragraphs and inserting in lieu thereof the following: "(c) Except as provided in section 611 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1181), and sections 31322(a)(l)(D) and 31328 of title 46, United States Code, a person may not, without the approval of the Secretary of Transportation— "(1) sell, mortgage, lease, charter, deliver, or in any manner transfer, or agree to sell, mortgage, lease, charter, deliver, or in any manner transfer, to a person not a citizen of the United States, any interest in or control of a documented vessel (except in a vessel that has been operated only as a fishing vessel, fish processing vessel, or fish tender vessel (as defined in section 2101 of title 46, United States Code) or in a vessel that has been operated only for pleasure) owned by a citizen of the United States; or "(2) place a documented vessel under foreign registry or operate that vessel under the authority of a foreign country. "(d)(1) Any charter, sale, transfer, or mortgage of a vessel, or interest or control in that vessel, contrary to this section is void. "(2) A person that knowingly charters, sells, transfers, or mortgages a vessel, or interest or control in that vessel, contrary to this section shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. "(3) A documented vessel may be seized by, and forfeited to, the United States Government if— "(A) the vessel is placed under foreign registry or operated under the authority of a foreign country contrary to this section; or "(B) a person knowingly charters, sells, transfers, or mortgages a vessel, or interest or control in that vessel, contrary to this section.". (c) The first sentence of section 902 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1242), is amended by striking "or under construction and inserting in lieu thereof "a documented vessel, or a vessel under construction". (d) Section 1101(a) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271(a)), is amended to read as follows: "(a) The term 'mortgage' includes— "(1) a preferred mortgage as defined in section 31301 of title 46, United States Code; and

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