CHAPTER 501—POLICY, STUDIES, AND REPORTS

        

Editorial Notes

Amendments

2022—Pub. L. 117–263, div. C, title XXXV, §3542(b)(3), Dec. 23, 2022, 136 Stat. 3098, added item 50114.

2015—Pub. L. 114–92, div. A, title X, §1074(c)(2), Nov. 25, 2015, 129 Stat. 997, substituted "Submission of annual MARAD authorization request" for "Reports to Congress" in item 50111.

§50101. Objectives and policy

(a) Objectives.—It is necessary for the national defense and the development of the domestic and foreign commerce of the United States that the United States have a merchant marine—

(1) sufficient to carry the waterborne domestic commerce and a substantial part of the waterborne export and import foreign commerce of the United States and to provide shipping service essential for maintaining the flow of the waterborne domestic and foreign commerce at all times;

(2) capable of serving as a naval and military auxiliary in time of war or national emergency;

(3) owned and operated as vessels of the United States by citizens of the United States;

(4) composed of the best-equipped, safest, and most suitable types of vessels constructed in the United States and manned with a trained and efficient citizen personnel; and

(5) supplemented by efficient facilities for building and repairing vessels.

(b) Policy.—It is the policy of the United States to encourage and aid the development and maintenance of a merchant marine satisfying the objectives described in subsection (a).

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1556; Pub. L. 111–84, div. C, title XXXV, §3511, Oct. 28, 2009, 123 Stat. 2722.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50101	46 App.:861.	June 5, 1920, ch. 250, §1, 41 Stat. 988; Exec. Order No. 6166, June 10, 1933, §12; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(33), Aug. 6, 1981, 95 Stat. 156.
	46 App.:891.	May 22, 1928, ch. 675, §1, 45 Stat. 689.
	46 App.:1101.	June 29, 1936, ch. 858, title I, §101, 49 Stat. 1985; Pub. L. 91–469, §1, Oct. 21, 1970, 84 Stat. 1018.

This section consolidates the source provisions to eliminate repetition.

Editorial Notes

Amendments

2009—Subsec. (a)(4). Pub. L. 111–84 inserted "constructed in the United States" after "vessels".

§50102. Survey of merchant marine

(a) In General.—The Secretary of Transportation shall survey the merchant marine of the United States to determine whether replacements and additions are required to carry out the objectives and policy of section 50101 of this title. The Secretary shall study, perfect, and adopt a long-range program for replacements and additions that will result, as soon as practicable, in—

(1) an adequate and well-balanced merchant fleet, including vessels of all types, that will provide shipping service essential for maintaining the flow of foreign commerce by vessels designed to be readily and quickly convertible into transport and supply vessels in a time of national emergency;

(2) ownership and operation of the fleet by citizens of the United States insofar as practicable;

(3) vessels designed to afford the best and most complete protection for passengers and crew against fire and all marine perils; and

(4) an efficient capacity for building and repairing vessels in the United States with an adequate number of skilled personnel to provide an adequate mobilization base.

(b) Cooperation With Secretary of Navy.—In carrying out subsection (a)(1), the Secretary of Transportation shall cooperate closely with the Secretary of the Navy as to national defense requirements.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1557.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50102	46 App.:1120.	June 29, 1936, ch. 858, title II, §210, 49 Stat. 1989; Pub. L. 91–469, §§3, 35(a), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub.L. 97–31, §12(67) (related to §210), Aug. 6, 1981, 95 Stat. 159.

§50103. Determinations of essential services

(a) Essential Services, Routes, and Lines.—

(1) In general.—The Secretary of Transportation shall investigate, determine, and keep current records of the ocean services, routes, and lines from ports in the United States, or in the territories and possessions of the United States, to foreign markets, which the Secretary determines to be essential for the promotion, development, expansion, and maintenance of the foreign commerce of the United States. In making such a determination, the Secretary shall consider and give due weight to—

(A) the cost of maintaining each line;

(B) the probability that a line cannot be maintained except at a heavy loss disproportionate to the benefit to foreign trade;

(C) the number of voyages and types of vessels that should be employed in a line;

(D) the intangible benefit of maintaining a line to the foreign commerce of the United States, the national defense, and other national requirements; and

(E) any other facts and conditions a prudent business person would consider when dealing with the person's own business.

(2) Saint lawrence seaway.—For purposes of paragraph (1), the Secretary shall establish services, routes, and lines that reflect the seasonal closing of the Saint Lawrence Seaway and provide for alternate routing of vessels through a different range of ports during that closing to maintain continuity of service on a year-round basis.

(b) Bulk Cargo Carrying Services.—The Secretary shall investigate, determine, and keep current records of the bulk cargo carrying services that should be provided by vessels of the United States (whether or not operating on particular services, routes, or lines) for the promotion, development, expansion, and maintenance of the foreign commerce of the United States and the national defense or other national requirements.

(c) Types of Vessels.—The Secretary shall investigate, determine, and keep current records of the type, size, speed, method of propulsion, and other requirements of the vessels, including express-liner or super-liner vessels, that should be employed in—

(1) the services, routes, or lines described in subsection (a), and the frequency and regularity of the voyages of the vessels, with a view to furnishing adequate, regular, certain, and permanent service; and

(2) the bulk cargo carrying services described in subsection (b).

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1557.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50103(a)(1)	46 App.:1121(a).	June 29, 1936, ch. 858, title II, §211(a)–(c), 49 Stat. 1989; Pub. L. 91–469, §§4, 35(a), (b), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, §12(67), Aug. 6, 1981, 95 Stat. 159.
50103(a)(2)	46 App.:1213(a) (3d sentence related to 1121(a)).	June 29, 1936, ch. 858, title VIII, §809(a) (3d sentence related to 211(a)), as added Pub. L. 97–35, title XVI, §1604, Aug. 13, 1981, 95 Stat. 751.
50103(b)	46 App.:1121(b).
50103(c)	46 App.:1121(c).

§50104. Studies of general maritime problems

The Secretary of Transportation shall study all maritime problems arising in carrying out the policy in section 50101 of this title.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1558.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50104	46 App.:1122(a).	June 29, 1936, ch. 858, title II, §212(a), 49 Stat. 1990; Aug. 6, 1981, Pub. L. 97–31, §12(69), 95 Stat. 159.

§50105. Studies and cooperation relating to the construction of vessels

(a) Relative Costs and New Designs.—The Secretary of Transportation shall investigate, determine, and keep current records of—

(1) the relative cost of construction of comparable vessels in the United States and in foreign countries; and

(2) new designs, new methods of construction, and new types of equipment for vessels.

(b) Rules, Classifications, and Ratings.—The Secretary shall examine the rules under which vessels are constructed abroad and in the United States and the methods of classifying and rating the vessels.

(c) Collaboration With Owners and Builders.—The Secretary shall collaborate with vessel owners and shipbuilders in developing plans for the economical construction of vessels and their propelling machinery, of most modern economical types, giving thorough consideration to all well-recognized means of propulsion and taking into account the benefits from standardized production where practicable and desirable.

(d) Express-Liner and Super-Liner Vessels.—The Secretary shall study and cooperate with vessel owners in devising means by which there may be constructed, by or with the aid of the United States Government, express-liner or super-liner vessels comparable to those of other nations, especially with a view to their use in a national emergency, and the use of transoceanic aircraft service in connection with or in lieu of those vessels.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1558.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50105(a)(1)	46 App.:811 (1st sentence words before 1st comma).	Sept. 7, 1916, ch. 451, §12 (1st sentence words before 1st comma, 2d sentence words before 2d comma), 39 Stat. 732; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(27), Aug. 6, 1981, 95 Stat. 155.
	46 App.:1121(d).	June 29, 1936, ch. 858, title II, §211(d), (j) (words before 1st semicolon), 49 Stat. 1989; Pub. L. 91–469, §§4(2), 35(a), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, §12(67), Aug. 6, 1981, 95 Stat. 159.
50105(a)(2)	46 App.:1121(j) (words before 1st semicolon).
50105(b)	46 App.:811 (2d sentence words before 2d comma).
50105(c)	46 App.:1122(c).	June 29, 1936, ch. 858, title II, §212(b)(2), (c), 49 Stat. 1990; Pub. L. 97–31, §12(69), Aug. 6, 1981, 95 Stat. 159.
50105(d)	46 App.:1122(b)(2).

§50106. Studies on the operation of vessels

(a) Relative Costs.—The Secretary of Transportation shall investigate, determine, and keep current records of the relative cost of marine insurance, maintenance, repairs, wages and subsistence of officers and crews, and all other items of expense, in the operation of comparable vessels under the laws and regulations of the United States and those of the foreign countries whose vessels are substantial competitors of American vessels.

(b) Shipyards.—The Secretary shall investigate, determine, and keep current records of the number, location, and efficiency of shipyards in the United States.

(c) Navigation Laws.—The Secretary shall examine the navigation laws and regulations of the United States and make such recommendations to Congress as the Secretary considers proper for the amendment, improvement, and revision of those laws and for the development of the merchant marine of the United States.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1559.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50106(a)	46 App.:811 (1st sentence words after 1st comma).	Sept. 7, 1916, ch. 451, §12 (1st sentence words after 1st comma, 3d sentence), 39 Stat. 732; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(27), Aug. 6, 1981, 95 Stat. 155.
	46 App.:1121(e).	June 29, 1936, ch. 858, title II, §211(e), (g), 49 Stat. 1989; Pub. L. 91–469, §§4(2), 5, 35(a), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, §12(67), Aug. 6, 1981, 95 Stat. 159.
50106(b)	46 App.:1121(g).
50106(c)	46 App.:811 (3d sentence).

In subsection (b), the words "existing on June 29, 1936, or thereafter built" are omitted as obsolete.

§50107. Studies on marine insurance

The Secretary of Transportation shall—

(1) examine into the subject of marine insurance, the number of companies in the United States, domestic and foreign, engaging in marine insurance, the extent of the insurance on hulls and cargoes placed or written in the United States, and the extent of reinsurance of American maritime risks in foreign companies; and

(2) ascertain what steps may be necessary to develop an ample marine insurance system as an aid in the development of the merchant marine of the United States.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1559.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50107	46 App.:811 (2d sentence words after 2d comma).	Sept. 7, 1916, ch. 451, §12 (2d sentence words after 2d comma), 39 Stat. 732; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(27), Aug. 6, 1981, 95 Stat. 155.

§50108. Studies on cargo carriage and cargo containers

(a) Studies.—The Secretary of Transportation shall study—

(1) the methods of encouraging the development and implementation of new concepts for the carriage of cargo in the domestic and foreign commerce of the United States; and

(2) the economic and technological aspects of the use of cargo containers as a method of carrying out the policy in section 50101 of this title.

(b) Restriction.—In carrying out subsection (a) and the policy in section 50101 of this title, the United States Government may not give preference as between carriers based on the length, height, or width of cargo containers or the length, height, or width of cargo container cells. This restriction applies to all existing container vessels and any container vessel to be constructed or rebuilt.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1559.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50108	46 App.:1122(f).	June 29, 1936, ch. 858, title II, §212(f); as added Pub. L. 90–268, §1, Mar. 16, 1968, 82 Stat. 49; Pub. L. 97–31, §12(69), Aug. 6, 1981, 95 Stat. 159; Pub. L. 98–237, §20(c), Mar. 20, 1984, 98 Stat. 90.

§50109. Miscellaneous studies

(a) Foreign Subsidies.—The Secretary of Transportation shall investigate, determine, and keep current records of the extent and character of the governmental aid and subsidies granted by foreign governments to their merchant marine.

(b) Laws Applicable to Aircraft.—The Secretary shall investigate, determine, and keep current records of the provisions of law relating to shipping that should be made applicable to aircraft engaged in foreign commerce to further the policy in section 50101 of this title, and any appropriate legislation in this regard.

(c) Aid for Cotton, Coal, Lumber, and Cement.—The Secretary shall investigate, determine, and keep current records of the advisability of enactment of suitable legislation authorizing the Secretary, in an economic or commercial emergency, to aid farmers and producers of cotton, coal, lumber, and cement in any section of the United States in the transportation and landing of their products in any foreign port, which products can be carried in dry-cargo vessels by reducing rates, by supplying additional tonnage to any American operator, or by operation of vessels directly by the Secretary, until the Secretary considers the special rate reduction and operation unnecessary for the benefit of those farmers and producers.

(d) Intercoastal and Inland Water Transportation.—The Secretary shall investigate, determine, and keep current records of intercoastal and inland water transportation, including their relation to transportation by land and air.

(e) Obsolete Tonnage and Tramp Service.—The Secretary shall make studies and reports to Congress on—

(1) the scrapping or removal from service of old or obsolete merchant tonnage owned by the United States Government or in use in the merchant marine; and

(2) tramp shipping service and the advisability of citizens of the United States participating in that service with vessels under United States registry.

(f) Mortgage Loans.—The Secretary shall investigate the legal status of mortgage loans on vessel property, with a view to the means of improving the security of those loans and of encouraging investment in American shipping.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1559.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50109(a)	46 App.:1121(f).	June 29, 1936, ch. 858, title II, §211(f), (h), (i), (j) (words after 2d semicolon), 49 Stat. 1989; Pub. L. 91–469, §§4(2), 35(a), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, §12(67), Aug. 6, 1981, 95 Stat. 159.
50109(b)	46 App.:1121(h).
50109(c)	46 App.:1121(i).
50109(d)	46 App.:1121(j) (words after 2d semicolon).
50109(e)	46 App.:1123.	June 29, 1936, ch. 858, title II, §213, 49 Stat. 1991; Pub. L. 87–877, §2(c), (d), Oct. 24, 1962, 76 Stat. 1201; Pub. L. 94–273, §27, Apr. 21, 1976, 90 Stat. 380; Pub. L. 97–31, §12(71), Aug. 6, 1981, 95 Stat. 159; Pub. L. 105–85, div. C, title XXXVI, §3602, Nov. 18, 1997, 111 Stat. 2075.
50109(f)	46 App.:811 (4th sentence).	Sept. 7, 1916, ch. 451, §12 (4th sentence), 39 Stat. 732; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(27), Aug. 6, 1981, 95 Stat. 155.

§50110. Securing preference to vessels of the United States

(a) Possibilities of Promoting Carriage.—The Secretary of Transportation shall investigate, determine, and keep current records of the possibilities of promoting the carriage of United States foreign trade in vessels of the United States.

(b) Inducements to Importers and Exporters.—The Secretary shall study and cooperate with vessel owners in devising means by which the importers and exporters of the United States can be induced to give preference to vessels of the United States.

(c) Liaison With Agencies and Organizations.—The Secretary shall establish and maintain liaison with such other agencies of the United States Government, and with such representative trade organizations throughout the United States, as may be concerned, directly or indirectly, with any movement of commodities in the waterborne export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States in the shipment of those commodities.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1560.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50110(a)	46 App.:1121(j) (words between 1st and 2d semicolons).	June 29, 1936, ch. 858, title II, §211(j) (words between 1st and 2d semicolons), 49 Stat. 1989; Pub. L. 91–469, §§4(2), 35(a), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, §12(67), Aug. 6, 1981, 95 Stat. 159.
50110(b)	46 App.:1122(b)(1).	June 29, 1936, ch. 858, title II, §212(b)(1), (d), 49 Stat. 1990; Pub. L. 97–31, §12(69), Aug. 6, 1981, 95 Stat. 159; Pub. L. 98–237, §20(c), Mar. 20, 1984, 98 Stat. 90.
50110(c)	46 App.:1122(d).

§50111. Submission of annual MARAD authorization request

(a) Submission of Legislative Proposal.—Not later than 30 days after the date on which the President submits to Congress a budget for a fiscal year pursuant to section 1105 of title 31, the Secretary of Transportation shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the Maritime Administration authorization request for that fiscal year.

(b) Maritime Administration Request Defined.—In this section, the term "Maritime Administration authorization request" means a proposal for legislation that, for a fiscal year—

(1) recommends authorizations of appropriations for the Maritime Administration for that fiscal year, including with respect to matters described in subsection ¹ 109(j) of title 49 or authorized in subtitle V of this title; and

(2) addresses any other matter with respect to the Maritime Administration that the Secretary determines is appropriate.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1560; Pub. L. 114–92, div. A, title X, §1074(c)(1), Nov. 25, 2015, 129 Stat. 996.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50111(a)	46 App.:811 (last sentence).	Sept. 7, 1916, ch. 451, §12 (last sentence), 39 Stat. 732; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(27), Aug. 6, 1981, 95 Stat. 155.
	46 App.:1118 (related to Secretary).	June 29, 1936, ch. 858, title II, §208 (related to Secretary), 49 Stat. 1988; Pub. L. 94–273, §36, Apr. 21, 1976, 90 Stat. 380; Pub. L. 97–31, §12(65), Aug. 6, 1981, 95 Stat. 159.
	46 App.:1160(f).	June 29, 1936, ch. 858, title V, §510(f), as added Aug. 4, 1939, ch. 417, §7, 53 Stat. 1184; Pub. L. 97–31, §12(91)(A)–(C), Aug. 6, 1981, 95 Stat. 161.
	46 App.:1291.	June 29, 1936, ch. 858, title XII, §1211, as added Sept. 7, 1950, ch. 906, 64 Stat. 776; Pub. L. 89–348, §1(7), Nov. 8, 1965, 79 Stat. 1310.
50111(b)	46 App.:1118 note.	Pub. L. 106–398, §1 [div. C, title XXXV, §3506], Oct. 30, 2000, 114 Stat. 1654, 1654A-494.
50111(c)	46 App.:1122(g).	June 29, 1936, ch. 858, title II, §212(g), 49 Stat. 1990; Pub. L. 90–268, §1, Mar. 16, 1968, 82 Stat. 49; Pub. L. 97–31, §12(69), Aug. 6, 1981, 95 Stat. 159; Pub. L. 98–237, §20(c), Mar. 20, 1984, 98 Stat. 90.

In subsection (a), the words "on or before the 1st day of December in each year" in 46 App. U.S.C. 811 (last sentence) are omitted for consistency with the April 1 date in 46 App.:1118. The words "and of the operations of any corporation in which the United States is a stockholder, and the names and compensation of all persons employed by the Secretary of Transportation" in 46 App. U.S.C. 811 (last sentence) are omitted because the provision originally applied to the United States Shipping Board (which was abolished in 1933) and presumably is not intended to apply to the Secretary.

Editorial Notes

Amendments

2015—Pub. L. 114–92 amended section generally. Prior to amendment, section related to annual reports to Congress.

¹ So in original. Probably should be "section".

§50112. National Maritime Enhancement Institutes

(a) Designation.—The Secretary of Transportation may designate National Maritime Enhancement Institutes.

(b) Activities.—Activities undertaken by an institute may include—

(1) conducting research about methods to improve the performance of maritime industries;

(2) enhancing the competitiveness of domestic maritime industries in international trade;

(3) forecasting trends in maritime trade;

(4) assessing technological advancements;

(5) developing management initiatives and training;

(6) analyzing economic and operational impacts of regulatory policies and international negotiations or agreements pending before international bodies;

(7) assessing the compatibility of domestic maritime infrastructure systems with overseas transport systems;

(8) fostering innovations in maritime transportation pricing; and

(9) improving maritime economics and finance.

(c) Application for Designation.—An institution seeking designation as a National Maritime Enhancement Institute shall submit an application under regulations prescribed by the Secretary.

(d) Criteria for Designation.—The Secretary shall designate an institute under this section on the basis of the following criteria:

(1) The demonstrated research and extension resources available to the applicant for carrying out the activities specified in subsection (b).

(2) The ability of the applicant to provide leadership in making national and regional contributions to the solution of both long-range and immediate problems of the domestic maritime industry.

(3) The existence of an established program of the applicant encompassing research and training directed to enhancing maritime industries.

(4) The demonstrated ability of the applicant to assemble and evaluate pertinent information from national and international sources and to disseminate results of maritime industry 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 center. In making a grant, the Secretary, through the Office of the Assistant Secretary for Research and Technology of the Department of Transportation, shall advise the Maritime Administration 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" substituted for "Research and Innovative Technology Administration" 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 operators 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 report, account, record, or memorandum on the use and performance of the vessel as the Secretary 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 provided by regulation.

(b) Civil Penalty.—An operator not filing a report, account, record, or memorandum required by the Secretary under this section is liable 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 operator 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 district 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 Transportation, in consultation with the Secretary of the department in which the Coast Guard is operating and the Commander of United States Transportation Command, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation 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 update to the strategy.

(b) Contents.—The strategy required under subsection (a) shall include each of the following:

(1) An identification of—

(A) international policies and Federal regulations and policies that reduce the competitiveness 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 deployed outside of the United States.

(2) Recommendations to—

(A) make United States-documented vessels more competitive in shipping routes between United States and foreign ports;

(B) increase the use of United States-documented 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 transportation routes, including routes designated under section 55601(b), to enhance intermodal freight movements;

(E) enhance United States shipbuilding capability;

(F) invest in, and identify gaps in, infrastructure needed to facilitate the movement of goods at ports and throughout the transportation system, including innovative physical and information technologies;

(G) enhance workforce training and recruitment for the maritime workforce, including training on innovative physical and information technologies;

(H) increase the resilience of ports and the marine transportation system;

(I) increase the carriage of government-impelled 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 Federal funding for carriage of non-defense government 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 update publicly available on the website of the Department of Transportation.

(d) Implementation Plan.—Not later than six months after the submission of a strategy or update under subsection (a), the Secretary of Transportation, in consultation with the Secretary 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 strategy 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 Transportation, and the Secretary of Homeland Security, shall provide to the appropriate congressional committees briefings on the status of establishing the type of national maritime strategy required under section 50114 of title 46, United States Code. The Chief of Naval Operations, 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 briefings required under paragraph (1) to augment and influence the national maritime strategy discussion with national security focused stakeholders across the administration, until an updated strategy is published and endorsed by the President of the United States.

"(b) Elements.—As the national maritime strategy relates to national security, each briefing under subsection (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 enterprise of the United States, domestic and international, on the high seas or domestic waterways.

"(2) An assessment of great power competition in the maritime domain, to include opportunities for increased cooperation with allied and partner global maritime industry leaders to improve national shipbuilding and shipping, while promoting the international 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 public 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 national or cooperative arrangements for sealift capacity and shipping, including for contested logistics.

"(c) Appropriate Congressional Committees.—In this section, the term 'appropriate congressional committees' means—

"(1) the congressional defense committees [Committees 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)."

Executive Documents

Ex. Ord. No. 14269. Restoring America's Maritime Dominance

Ex. Ord. No. 14269, Apr. 9, 2025, 90 F.R. 15635, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose. The commercial shipbuilding capacity and maritime workforce of the United States has been weakened by decades of Government neglect, leading to the decline of a once strong industrial base while simultaneously empowering our adversaries and eroding United States national security. Both our allies and our strategic competitors produce ships for a fraction of the cost needed in the United States. Recent data shows that the United States constructs less than one percent of commercial ships globally, while the People's Republic of China (PRC) is responsible for producing approximately half.

Rectifying these issues requires a comprehensive approach that includes securing consistent, predictable, and durable Federal funding, making United States-flagged and built vessels commercially competitive in international commerce, rebuilding America's maritime manufacturing capabilities (the Maritime Industrial Base), and expanding and strengthening the recruitment, training, and retention of the relevant workforce.

Sec. 2. Policy. It is the policy of the United States to revitalize and rebuild domestic maritime industries and workforce to promote national security and economic prosperity.

Sec. 3. Maritime Action Plan. (a) Within 210 days of the date of this order [Apr. 9, 2025], the Assistant to the President for National Security Affairs (APNSA), in coordination with the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Secretary of Labor, the Secretary of Transportation, the Secretary of Homeland Security, the United States Trade Representative (USTR), and the heads of executive departments and agencies (agencies) the APNSA deems appropriate, shall submit a Maritime Action Plan (MAP) to the President, through the APNSA and the Director of the Office of Management and Budget (OMB Director) to achieve the policy set forth in this order.

(b) The OMB Director, in coordination with the APNSA, shall be responsible for all legislative, regulatory, and fiscal assessments related to the MAP.

(c) The MAP shall, to the extent permissible and consistent with applicable law, including the Buy American Act ([see] 41 U.S.C. 8301–8305), reflect actions taken pursuant to sections 4 through 21 of this order.

Sec. 4. Ensure the Security and Resilience of the Maritime Industrial Base. Within 180 days of the date of this order, the Secretary of Defense, in coordination with the Secretary of Commerce, the Secretary of Transportation, and the Secretary of Homeland Security, shall provide to the APNSA and the OMB Director for inclusion in the MAP an assessment of options both for the use of available authorities and resources, such as Defense Production Act Title III authorities [probably means 50 U.S.C. 4531 et seq.], and for the use of private capital to the maximum extent possible to invest in and expand the Maritime Industrial Base including, but not limited to, investment and expansion of commercial and defense shipbuilding capabilities, component supply chains, ship repair and marine transportation capabilities, port infrastructure, and the adjacent workforce. The Secretary of Defense shall pursue using the Office of Strategic Capital loan program to improve the shipbuilding industrial base. As part of their assessment, the Secretary of Commerce, the Secretary of Transportation, and the Secretary of Homeland Security shall:

(a) identify key maritime components in the supply chain that are essential for rebuilding and expanding the Maritime Industrial Base and that should be prioritized for investment;

(b) ensure that their recommendations of public and private investments are made according to a clear metric, derived in consultation with the Assistant to the President for Economic Policy, of return on invested capital for the United States taxpayer and to the economic and national security of the United States; and

(c) ensure that their recommendations take into consideration the projected increases to commercial and defense capabilities, the projected growth in economic activity, and the projected benefits for taxpayers and the workforce.

Sec. 5. Actions in the Investigation of the PRC's Unfair Targeting of Maritime, Logistics, and Shipbuilding Sectors. (a) With respect to the actions, if any, that the USTR determines to take consistent with the USTR's notice of public hearing entitled Proposed Action in Section 301 Investigation of the PRC's Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance, 90 Fed. Reg. 10843 (February 27, 2025), the USTR shall:

(i) coordinate with appropriate agencies to collect additional information, as appropriate and to the extent permitted by law, in support of administering such actions; and

(ii) coordinate with the Attorney General and Secretary of Homeland Security to take appropriate steps to enforce any restriction, fee, penalty, or duty imposed pursuant to such actions.

(b) Based on the USTR's determinations arising out of its Section 301 investigation into the PRC's targeting of the maritime, logistics, and shipbuilding sectors, the USTR shall also consider taking all necessary steps permitted by law to propose the following actions:

(i) tariffs on ship-to-shore cranes manufactured, assembled, or made using components of PRC origin, or manufactured anywhere in the world by a company owned, controlled, or substantially influenced by a PRC national; and

(ii) tariffs on other cargo handling equipment.

Sec. 6. Enforce Collection of Harbor Maintenance Fee and Other Charges. In order to prevent cargo carriers from circumventing the Harbor Maintenance Fee (HMF) on imported goods through the practice of making port in Canada or Mexico and sending their cargo into the United States through land borders, and to ensure the collection of other charges as applicable, the Secretary of Homeland Security shall take all necessary steps, including proposing new legislation, as permitted by law to:

(a) require all foreign-origin cargo arriving by vessel to clear the Customs and Border Protection (CBP) entry process at a United States port of entry for security and collection of all applicable duties, customs, taxes, fees, interest, and other charges; and

(b) ensure any foreign-origin cargo first arriving by vessel to North America clearing the CBP process at an inland location from the country of land transit (Canada or Mexico) is assessed applicable customs, duties, taxes, fees (including the HMF), interest, and other charges plus a 10 percent service fee for additional costs to the CBP, so long as the cargo being shipped into the United States is not substantially transformed from its condition at the time of arrival into the country of land transit (with the discretion for such decisions to be determined by CBP).

Sec. 7. Engage Allies and Partners to Align Trade Policies. Within 90 days of the date of this order, the USTR, in consultation with the Secretary of State and the Secretary of Commerce, shall engage treaty allies, partners, and other like-minded countries around the world with respect to their potential imposition of any actions taken pursuant to sections 5 and 6 of this order. The USTR shall deliver an engagement plan and progress report on these engagements to the President.

Sec. 8. Reduce Dependence on Adversaries through Allies and Partners. Within 90 days of the date of this order, the Secretary of Commerce, in consultation with the Assistant to the President for Economic Policy, shall recommend to the APNSA and the OMB Director for inclusion in the MAP all available incentives to help shipbuilders domiciled in allied nations partner to undertake capital investment in the United States to help strengthen the shipbuilding capacity of the United States.

Sec. 9. Launch a Maritime Security Trust Fund. In conjunction with the formulation of the President's Budget, the OMB Director shall, in coordination with the Secretary of Transportation, develop a legislative proposal, which shall be described in detail in the MAP, to establish a Maritime Security Trust Fund that can serve as a reliable funding source to deliver consistent support for MAP programs. This proposal shall consider how new or existing tariff revenue, fines, fees, or tax revenue could further the goal of establishing a more reliable, dedicated funding source for programs support by the MAP.

Sec. 10. Shipbuilding Financial Incentives Program. In conjunction with the formulation of the President's Budget and consistent with the findings of the report required under section 12 of this order, the Secretary of Transportation shall submit a legislative proposal to the APNSA and the OMB Director, which shall be described in detail in the MAP, that establishes a financial incentives program with broad flexibility to incentivize private investment in the construction of commercial components, parts, and vessels; capital improvements to commercial vessel shipyards; capital improvements to commercial vessel repair facilities and drydocks through grants; and Federal Credit Reform Act-compliant [2 U.S.C. 661 et seq.] loans and loan guarantees. Such proposal may augment or replace existing programs with similar purpose including the Small Shipyard Grant Program and the Federal Ship Financing (Title XI) Program.

Sec. 11. Establish Maritime Prosperity Zones. Within 90 days of the date of this order, the Secretary of Commerce, in coordination with the Secretary of the Treasury, the Secretary of Transportation, and the Secretary of Homeland Security, shall deliver a plan to the President through the APNSA for inclusion in the MAP that identifies opportunities to incentivize and facilitate domestic and allied investment in United States maritime industries and waterfront communities through establishment of maritime prosperity zones. The proposal shall:

(a) model these maritime prosperity zones on the opportunity zones established pursuant to section 13823 of the Tax Cuts and Jobs Act of 2017 (Public Law 115–97, 131 Stat. 2054) [enacting sections 1400Z–1 and 1400Z–2 of Title 26, Internal Revenue Code, amending section 1016 of Title 26, and enacting provisions set out as a note under section 1016 of Title 26], which I signed into law during my first Administration;

(b) include stipulations for appropriate regulatory relief in the establishment of such zones; and

(c) provide for zones that are outside of traditional coastal shipbuilding and ship repair centers and are geographically diverse, including river regions as well as the Great Lakes.

Sec. 12. Report on Maritime Industry Needs. Within 90 days of the date of this order, the Secretary of Transportation, in coordination with the Secretary of Homeland Security and the heads of other agencies as appropriate, shall deliver a report to the OMB Director and APNSA for inclusion in the MAP that inventories Federal programs that could be used to sustain and grow the supply of and demand for the United States maritime industry. The report and inventory shall include:

(a) any Federal programs that provide financial and regulatory incentives for United States shipping, shipbuilding, and shipbuilding supply chains, including the training of shipbuilders and United States-credentialed mariners;

(b) Maritime Administration programs such as the Tanker Security Program, Cable Security Fleet, Maritime Security Programs, Maritime Environmental and Technical Assistance Program, Title XI, Assistance to Small Shipyards, Port Infrastructure Development Program, the United States Merchant Marine Academy (USMMA), and programs that support the State Maritime Academies;

(c) existing domestic cargo preference laws, including the Military Cargo Preference Act of 1904, as amended, ([see] 10 U.S.C. 2631) and the Cargo Preference Act of 1954 [sic], as amended, (46 U.S.C. 55304), and whether and how they can be used to ensure that United States cargo is transported on United States-built and flagged vessels, including a review of the existing waiver process and all current waivers to ensure they are consistent with the promotion of American domestic shipping;

(d) other available means that could further support the industry, including modifications of existing programs, establishment of new programs, and tax and regulatory relief; and

(e) in coordination with the National Security Council and the Office of Management and Budget, the costs and benefits of increased cargo preference rates, including on liquid cargo carriers, tankers, and military useful vessels, and options for increasing cargo preference compliance and directing open market procurement of shipping to meet urgent military needs for maritime vessels.

Sec. 13. Expand Mariner Training and Education. Within 90 days of the date of this order, the Secretary of State, the Secretary of Defense, the Secretary of Labor, the Secretary of Transportation, the Secretary of Education, and the Secretary of Homeland Security shall deliver a report to the President through the APNSA for inclusion in the MAP with recommendations to address workforce challenges in the maritime sector through maritime educational institutions and workforce transitions.

(a) In preparing their report, the Secretary of State, the Secretary of Defense, the Secretary of Labor, the Secretary of Transportation, the Secretary of Education, and the Secretary of Homeland Security shall consult, as needed, with industry stakeholders including private industry and labor organizations.

(b) The report shall:

(i) include the current number of credentialed mariners and estimate the additional credentialed mariners required to support the policies described in this order;

(ii) analyze the impact of establishing new and expanding existing merchant marine academies as a means of educating, training, and certifying the additional credentialed merchant mariners estimated under subsection (b)(i) of this section;

(iii) identify any requirements for credentialing mariners that are unnecessary, insufficient, or unduly burdensome and provide recommendations for reform;

(iv) inventory existing educational and technical training grants and scholarships to colleges and vocational-technical training institutions for critical shipbuilding specialties and other maritime studies, and provide recommendations for enhancement; and

(v) assess the United States Coast Guard credentialing program applicability to United States Navy Active Duty and Reserve sailors to increase opportunities for sailors to transfer into the Merchant Marine with validated skills.

(c) Consistent with the findings of the report and in conjunction with the formulation of the President's Budget, the Secretary of State, Secretary of Defense, the Secretary of Labor, the Secretary of Transportation, the Secretary of Education, and the Secretary of Homeland Security shall deliver a legislative proposal to the APNSA and the OMB Director that:

(i) reflects the recommendations of the report required under this section;

(ii) establishes national maritime scholarships to send promising maritime experts abroad to learn cutting edge techniques and subjects, such as innovative maritime logistics, clean fuels and advanced nuclear energy, human-machine teaming, and additive manufacturing and other advanced technologies; and

(iii) offers scholarships to maritime experts from allied countries to teach at United States institutions.

Sec. 14. Modernize the United States Merchant Marine Academy. (a) The Secretary of Transportation shall:

(i) within 30 days of this order consistent with applicable law and available appropriations, take action to hire the necessary facilities staff and reprogram budgetary resources needed to execute urgent deferred maintenance projects and any other mission critical repair works at the USMMA;

(ii) take immediate action to finalize a long-term master facilities plan (LMFP) for the modernization of the USMMA campus and submit such plan to the APNSA and OMB Director for concurrence; and

(iii) within 90 days of the concurrence described in subsection (a)(ii) of this section, in consultation with the Department of Government Efficiency, submit a 5-year capital improvement plan (CIP) consistent with the LMFP to the APNSA and OMB Director that includes capital project budgets, schedules, and sequencing, as well as an inventory of deferred maintenance items necessary to sustain campus operations through completion of the CIP.

(b) All actions taken pursuant to this section shall be detailed in the MAP.

Sec. 15. Improve Procurement Efficiency. Within 90 days of the date of this order, the Secretary of Defense, the Secretary of Commerce, the Secretary of Transportation, the Secretary of Homeland Security, and the Director of the National Science Foundation shall develop a proposal for improved acquisition strategies processes for United States Government vessels and submit such proposal to APNSA and the OMB Director for inclusion in the MAP. The proposal shall:

(a) have as its objective providing American shipbuilders with market forecasting needed to justify investments in infrastructure, workforce, and intellectual property to meet United States demand;(b) include reforms recommended by the Secretary of Defense and the Secretary of Homeland Security related to:

(i) staff structure and innovations in acquisition strategies that will improve Federal vessel procurement; and

(ii) reductions of the layers of approval needed to execute, build, and improve the vessel acquisition process, including by utilizing commercial acquisition and modular design practices that reduce complexity and prevent frequent changes to ship designs;

(c) identify for elimination excessive requirements, including the number of Government reviews and onerous regulations that add to ship design and acquisition delays; and

(d) consider use of broad industry standards and American-made readily available parts and components to drive up production volume while shrinking the iterative design process, which historically has led to delays and cost increases.

Sec. 16. Improve Government Efficiency. Within 90 days of the date of this order, the Department of Government Efficiency shall begin a separate review of the Department of Defense and Department of Homeland Security vessel procurement processes and deliver a proposal to the President, through the APNSA for inclusion in the MAP, to improve the efficiency and effectiveness of these processes.

Sec. 17. Increase the Fleet of Commercial Vessels Trading Internationally under the flag [sic] of the United States. Within 180 days of the date of this order, in conjunction with the formulation of the President's Budget and consistent with the findings of the report required under section 12 of this section, the Secretary of Transportation shall in coordination with the Secretary of Defense, deliver a legislative proposal to the APNSA and OMB Director for inclusion in the MAP that:

(a) is designed to ensure that adequate cubed footage and gross tonnage of United States-flagged commercial vessels can be called upon in times of crisis, while limiting the likelihood of Government waste;

(b) provides incentives that will:

(i) grow the fleet of United States built, crewed, and flagged vessels that serve as readily deployable assets for national security purposes; and

(ii) increase the participation of United States commercial vessels in international trade; and

(c) enhances existing subsidies to include coverage of certain construction or modification costs in a manner designed to enhance incentives for the commercial shipping industry to operate militarily useful ships that trade internationally under the flag of the United States.

Sec. 18. Ensure the Security and Leadership of Arctic Waterways. Within 90 days of the date of this order, the Secretary of Defense, in consultation with the Secretary of Transportation, the Secretary of Homeland Security, and the Commandant of the Coast Guard shall develop a strategy that identifies the vision, goals, and objectives necessary to secure arctic waterways and enable American prosperity in the face of evolving arctic security challenges and associated risks, and deliver it to the APNSA for inclusion in the MAP.

Sec. 19. Shipbuilding Review. Within 45 days of the date of this order, the Secretary of Defense, the Secretary of Commerce, the Secretary of Transportation, and the Secretary of Homeland Security shall conduct a review of shipbuilding for United States Government use and submit a report to the President with recommendations to increase the number of participants and competitors within United States shipbuilding, and to reduce cost overruns and production delays for surface, subsurface, and unmanned programs. This report must include separate itemized and prioritized lists of recommendations for the United States Army, Navy, and Coast Guard and shall be included in the MAP.

Sec. 20. Deregulatory Initiatives. Within 30 days of the date of this order, the Secretary of Defense, the Secretary of Transportation, and the Secretary of Homeland Security shall conduct a review of their regulations, and implementation thereof, across all components pertaining to the domestic commercial maritime fleet and maritime port access to determine where each agency may be able to deregulate within the framework of Executive Order 14192 of January 31, 2025 (Unleashing Prosperity Through Deregulation) [5 U.S.C. 601 note], to reduce unnecessary costs and clear barriers to emerging technology and related efficiencies. Each agency will submit a report of its findings to the OMB Director and to the APNSA for inclusion in the MAP.

Sec. 21. Inactive Reserve Fleet. Within 90 days of the date of this order, the Secretary of Defense shall conduct a review and issue guidance on the funding, retention, support, and mobilization of a robust inactive reserve fleet. This review and guidance shall be delivered to the APNSA for inclusion in the MAP.

Sec. 22. Coordination. Unless otherwise specified in this order, the plans, reports, reviews, and recommendations that are required to be submitted to the President by this order shall be developed through interagency coordination in accordance with National Security Presidential Memorandum 1 of January 20, 2025 (Organization of the National Security Council and Subcommittees), or its successors.

Sec. 23. Severability. If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby.

Sec. 24. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump.