Riding Gang Member .—
Crew Requirements for Large Passenger Vessels.—
Citizenship and nationality .—
Percentage limitation for alien seamen .—
Special rules for certain unlicensed seamen.—
Qualifications .—
Restrictions .—
Status, documentation, and employment .—
Merchant mariner’s document requirements not affected .—
Definitions .—
Steward’s department .—
Large passenger vessel .—
Noncitizen National Defined .—
Pub. L. 98–8997 Stat. 548Pub. L. 100–239101 Stat. 1780Pub. L. 100–255102 Stat. 23Pub. L. 101–595, title VI, § 603(6)104 Stat. 2993Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)]110 Stat. 3009Pub. L. 104–324, title VII, § 727110 Stat. 3939Pub. L. 108–293, title IV, § 412118 Stat. 1046Pub. L. 109–163, div. A, title V, § 515(f)(3)(A)119 Stat. 3236Pub. L. 109–241, title III, § 312(c)(1)120 Stat. 533Pub. L. 109–304, § 15(22)120 Stat. 1704Pub. L. 109–364, div. C, title XXXV, § 3509120 Stat. 2518Pub. L. 110–181, div. C, title XXXV, § 3529(d)122 Stat. 604Pub. L. 114–120, title III130 Stat. 54Pub. L. 116–260, div. AA, title V, § 512(c)(6)(B)134 Stat. 2757Pub. L. 116–283, div. G, title LVXXXV134 Stat. 4751Pub. L. 119–60, div. G, title LXXIII, § 7301(b)(2)(B)139 Stat. 1752(, , ; , §§ 5(a)(1), (2), (b)–(d)(1), , ; , , ; , title VII, § 711, , , 2997; , , , 3009–41; , title XI, § 1123, , , 3980; , , ; , (B), , ; , , ; , , ; , , ; , , ; , §§ 306(a)(6), 313(d), , , 59; , , ; [LXXXV], § 8505(b)(8), , ; , , .)
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Historical and Revision Notes |
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Revised section | Source section (U.S. Code) |
8103 | 46:221 46:236 46:672(h) 46:672a 46:690 46:1132 |
Section 8103 sets forth the requirements for citizenship and Naval Reserve membership for the complement on a vessel documented under the laws of the United States.
Subsection (a) requires that the master, chief engineer, or officer in charge of a deck or engineering watch on a United States documented vessel be a United States citizen.
Subsection (b) requires that 75 percent of the seamen, excluding licensed individuals, on a United States documented vessel be United States citizens, except for a fishing or whaling vessel or yacht. The Secretary may reduce the percentage if the Secretary decides on investigation that United States seamen are not available. This investigation and percentage reduction authority is the sole responsibility of the Secretary of Transportation and accordingly the Secretary is to make these decisions expeditiously, promptly, and independently so as not to be dependent on any other agency to make this reduction. The Committee believes the Secretary is capable of this decision and need not delay or fail to make the decision because some other agency does not have the information or would require an extended period to acquire that information. The phrase “for any reason” is used merely to emphasize the complete discretion of the Secretary in making this decision. In addition, because this decision is based on an investigation, formal procedures of the Administrative Procedure Act do not apply.
Subsections (c) and (d) provide that a vessel, except a passenger vessel, on departure from the United States that has been granted a construction or operating differential subsidy have a higher percentage citizenship requirement. Subsection (c) requires all of the crew and employees of a cargo vessel be United States citizens. Subsection (d) requires at least 90 percent of the entire complement of a passenger vessel be United States citizens. The phrase “including all licensed individuals” emphasizes that all licensed individuals are required to be United States citizens as required by subsection (a) and that they compose part of the 90 percent requirement under this subsection. Further, under subsection (d), the balance of the complement must be individuals who have a declaration of intention to become a United States citizen or evidence of admission to the United States as a permanent resident and may only be employed in the steward’s department of the passenger vessel.
Except for the master, subsection (e) permits a non-United States citizen to fill a vacancy that occurs for any reason on a United States documented vessel during a foreign voyage until the vessel returns to a United States port where a United States citizen replacement can be obtained. The phrase “for any reason” is used merely for emphasis.
Subsection (f) provides for the penalty for violation of this section.
Subsection (g) requires a deck or engineer officer on a vessel that has been granted an operating differential subsidy or is under the control by the Department of Transportation to be, if eligible, a member of the Naval Reserve. This section does not apply to a vessel of the Coast Guard or the Saint Lawrence Seaway Development Corporation.
Subsection (h) permits the President to suspend the requirements of this section during a proclaimed national emergency or the requirement of subsection (a) for United States vessels documented for foreign trade when the needs of commerce require.
Editorial Notes
References in Text
act June 27, 1952, ch. 47766 Stat. 163section 1101 of Title 8The Immigration and Nationality Act, referred to in subsecs. (i)(1)(C) and (k)(1)(C), is , , which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 119–60The date of enactment of the Coast Guard Authorization Act of 2025, referred to in subsec. (k)(2)(B), is the date of enactment of , which was approved .
Amendments
Pub. L. 119–60, § 7301(b)(2)(B)(i)2025—, inserted “or noncitizen nationality” after “Citizenship” in section catchline.
Pub. L. 119–60, § 7301(b)(2)(B)(ii)Subsec. (a). , inserted “or noncitizen national” after “citizen”.
Pub. L. 119–60, § 7301(b)(2)(B)(iii)(I)Subsec. (b)(1)(A)(i). , inserted “or noncitizen national” after “citizen”.
Pub. L. 119–60, § 7301(b)(2)(B)(iii)(II)Subsec. (b)(3). , inserted “or noncitizen nationality” after “citizenship” in introductory provisions.
Pub. L. 119–60, § 7301(b)(2)(B)(iii)(III)Subsec. (b)(3)(C). , inserted “or noncitizen nationals” after “citizens”.
Pub. L. 119–60, § 7301(b)(2)(B)(iv)Subsec. (c). , inserted “or noncitizen nationals” after “citizens”.
Pub. L. 119–60, § 7301(b)(2)(B)(v)(I)Subsec. (d)(1). , inserted “or noncitizen nationals” after “citizens”.
Pub. L. 119–60, § 7301(b)(2)(B)(v)(II)Subsec. (d)(2). , inserted “or noncitizen national” after “citizen” in two places.
Pub. L. 119–60, § 7301(b)(2)(B)(vi)Subsec. (e). , inserted “or noncitizen national” after “citizen” in two places in introductory provisions.
Pub. L. 119–60, § 7301(b)(2)(B)(vii)Subsec. (i)(1)(A). , inserted “or noncitizen national” after “citizen”.
Pub. L. 119–60, § 7301(b)(2)(B)(viii)(I)Subsec. (k)(1)(A). , inserted “or noncitizen national” after “citizen”.
Pub. L. 119–60, § 7301(b)(2)(B)(viii)(II)Subsec. (k)(2). , designated existing provisions as subpar. (A) and added subpar. (B).
lPub. L. 119–60, § 7301(b)(2)(B)(ix)lSubsec. (). , added subsec. ().
Pub. L. 116–2832021—Subsec. (k)(3)(C). substituted “merchant mariner’s document” for “merchant mariners document” wherever appearing.
Pub. L. 116–2602020—Subsec. (g). substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”.
Pub. L. 114–120, § 306(a)(6)2016—Subsec. (b)(1)(A)(iii). , substituted “Academy; and” for “Academy.”
Pub. L. 114–120, § 313(d)Subsecs. (c), (d)(1). , struck out “or operating” before “differential subsidy”.
Pub. L. 110–1818 U.S.C. 12822008—Subsec. (k)(3)(C)(iv). inserted “and section 252 of the Immigration and Nationality Act ()” after “limitations of such section”.
Pub. L. 109–163, § 515(f)(3)(B)2006—, substituted “Navy Reserve” for “Naval Reserve” in section catchline.
Pub. L. 109–304Subsec. (a). substituted “Except as otherwise provided in this title, only” for “Only”.
Pub. L. 109–163, § 515(f)(3)(A)Subsec. (g). , substituted “Navy Reserve” for “Naval Reserve”.
Pub. L. 109–241Subsec. (j). added subsec. (j).
Pub. L. 109–364Subsec. (k). added subsec. (k).
Pub. L. 108–2932004—Subsec. (b)(1)(A). amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “each unlicensed seaman must be a citizen of the United States or an alien lawfully admitted to the United States for permanent residence; and”.
Pub. L. 104–2081996—Subsec. (b)(2)(B). substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.
Pub. L. 104–324, § 727section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (b)(3)(A). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “1,600 gross tons”.
Pub. L. 104–324, § 1123Subsec. (i)(1)(D). , added subpar. (D).
Pub. L. 104–208Subsec. (i)(3). substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.
Pub. L. 101–5951990—Subsec. (i)(3)(C). , §§ 603(6) and 711, amended subpar. (C) identically, substituting “Nationality” for “Naturalization”.
Pub. L. 100–239, § 5(a)(1)1988—Subsec. (a). , inserted “radio officer,” after “chief engineer,”.
Pub. L. 100–255Subsec. (b). substituted “section,” for “subsection,” in par. (3).
Pub. L. 100–239, § 5(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “On each departure of a documented vessel (except a fishing or whaling vessel or yacht) from a port of the United States, 75 percent of the seamen (excluding licensed individuals) must be citizens of the United States. If the Secretary decides, on investigation, that qualified citizen seamen are not available, the Secretary may reduce the percentage.”
Pub. L. 100–239, § 5(b)Subsecs. (c), (d)(1). , struck out “from the United States” after “On each departure”.
Pub. L. 100–239, § 5(c)Subsec. (e). , inserted “and the radio officer” after “the master” and substituted “until the vessel’s return to a port at which in the most expeditious manner” for “until the vessel’s first return to a United States port at which”.
Pub. L. 100–239, § 5(d)(1)Subsec. (i). , added subsec. (i).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)]110 Stat. 3009, , , 3009–41, provided that the amendment made by that section is effective 15 days after .
Effective Date of 1988 Amendment
Pub. L. 100–239, § 5(a)(3)101 Stat. 1780
Transfer of Functions
section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .
Distant Water Tuna Fleet
Pub. L. 109–241, title IV, § 421120 Stat. 547Pub. L. 111–281, title IX, § 904124 Stat. 3011Pub. L. 112–213, title VII, § 701126 Stat. 1579Pub. L. 113–281, title VI, § 601128 Stat. 3060Pub. L. 114–120, title VI, § 601(a)130 Stat. 79Pub. L. 116–283, div. G, title LVXXXV134 Stat. 4754
Manning Requirements.—
In general .—
Definition .—
Licensing Restrictions.—
In general .—
Treatment of credential .—
Expiration .—
Reports .—
Application of Section to Fishing Vessels in California
Pub. L. 101–595, title III, § 317104 Stat. 2988Pub. L. 104–324, title III, § 301(d)(2)(B)110 Stat. 3916