US Code

Public Law 119-73 (01/23/2026)

46 U.S.C. § 3202

Application

(a)

Foreign Voyages and Foreign Vessels .—

This chapter applies to a vessel that—
(1)
(A)
section 2101(31)(A) of this title is transporting more than 12 passengers described in ; or
(B)
section 14302 of this title is of at least 500 gross tons as measured under and is a tanker, freight vessel, bulk freight vessel, high speed freight vessel, or self-propelled mobile offshore drilling unit; and
(2)
(A)
is engaged on a foreign voyage; or
(B)
is a foreign vessel departing from a place under the jurisdiction of the United States on a voyage, any part of which is on the high seas.
(b)

Other Passenger Vessels.—

(1)

In general .—

This chapter applies to a vessel that is—
(A)
a passenger vessel or small passenger vessel; and
(B)
is transporting more passengers than a number prescribed by the Secretary based on the number of individuals on the vessel that could be killed or injured in a marine casualty.
(2)

Safety management system .—

Notwithstanding any other provision in this chapter, including paragraph (1)(B), any regulations under section 3203, including the safety management system established by such regulations, issued on or after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, shall apply to all covered small passenger vessels, as defined in section 3306(n)(5).
(c)

Voluntary Application .—

This chapter applies to a vessel not described in subsection (a) of this section if the owner of the vessel requests the Secretary to apply this chapter to the vessel.
(d)

Exception .—

Except as provided in subsection (c) of this section, this chapter does not apply to—
(1)
a barge;
(2)
a recreational vessel not engaged in commercial service;
(3)
a fishing vessel;
(4)
a vessel operating on the Great Lakes or its tributary and connecting waters that is not described in subsection (b) of this section; or
(5)
a public vessel.

Pub. L. 104–324, title VI, § 602(a)110 Stat. 3928Pub. L. 108–293, title IV, § 405(a)118 Stat. 1043Pub. L. 111–281, title VI, § 610(a)124 Stat. 2969Pub. L. 115–232, div. C, title XXXV, § 3541(b)(8)132 Stat. 2323Pub. L. 116–283, div. G, title LVXXXIV134 Stat. 4744Pub. L. 119–60, div. G, title LXXIII, § 7301(k)(1)(C)139 Stat. 1759(Added , , ; amended , , ; , , ; , , ; [LXXXIV], § 8441(b), , ; , , .)

Editorial Notes

References in Text

Pub. L. 116–283The date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (b)(2), is the date of enactment of div. G of , which was approved .

Amendments

Pub. L. 119–602025—Subsec. (a)(1)(A). substituted “section 2101(31)(A)” for “section 2101(29)(A)”.

Pub. L. 116–2832021—Subsec. (b). designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1) and realigned margins, and added par. (2).

Pub. L. 115–2322018—Subsec. (a)(1)(A). substituted “section 2101(29)(A)” for “section 2101(21)(A)”.

Pub. L. 111–281, § 610(a)(1)Foreign Voyages and Foreign VesselsMandatory Application2010—Subsec. (a). , substituted “.—” for “.—” in heading.

Pub. L. 111–281, § 610(a)(2)Subsecs. (b) to (d). –(4), added subsec. (b), redesignated former subsecs. (b) and (c) as (c) and (d), respectively, and, in introductory provisions of subsec. (d), substituted “subsection (c)” for “subsection (b)”.

Pub. L. 111–281, § 610(a)(5)Subsec. (d)(4). , inserted “that is not described in subsection (b) of this section” after “connecting waters”.

Pub. L. 108–2932004—Subsec. (a). reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “This chapter applies to the following vessels engaged on a foreign voyage:

“(1) Beginning —

section 2101(21)(A) of this title“(A) a vessel transporting more than 12 passengers described in ; and

“(B) a tanker, bulk freight vessel, or high-speed freight vessel, of at least 500 gross tons.

“(2) Beginning , a freight vessel and a self-propelled mobile offshore drilling unit of at least 500 gross tons.”