
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC3201]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 32--MANAGEMENT OF VESSELS
 
Sec. 3201. Definitions

    In this chapter--
        (1) ``International Safety Management Code'' has the same 
    meaning given that term in chapter IX of the Annex to the 
    International Convention for the Safety of Life at Sea, 1974;
        (2) ``responsible person'' means--
            (A) the owner of a vessel to which this chapter applies; or
            (B) any other person that has--
                (i) assumed the responsibility for operation of a vessel 
            to which this chapter applies from the owner; and
                (ii) agreed to assume with respect to the vessel 
            responsibility for complying with all the requirements of 
            this chapter and the regulations prescribed under this 
            chapter.

        (3) ``vessel engaged on a foreign voyage'' means a vessel to 
    which this chapter applies--
            (A) arriving at a place under the jurisdiction of the United 
        States from a place in a foreign country;
            (B) making a voyage between places outside the United 
        States; or
            (C) departing from a place under the jurisdiction of the 
        United States for a place in a foreign country.

(Added Pub. L. 104-324, title VI, Sec. 602(a), Oct. 19, 1996, 110 Stat. 
3928.)


                Safety Management Code Report and Policy

    Pub. L. 105-383, title III, Sec. 306, Nov. 13, 1998, 112 Stat. 3420, 
provided that:
    ``(a) Report on Implementation and Enforcement of the International 
Safety Management Code.--
        ``(1) The Secretary of Transportation (in this section referred 
    to as the `Secretary') shall conduct a study--
            ``(A) reporting on the status of implementation of the 
        International Safety Management Code (hereafter referred to in 
        this section as `Code');
            ``(B) detailing enforcement actions involving the Code, 
        including the role documents and reports produced pursuant to 
        the Code play in such enforcement actions;
            ``(C) evaluating the effects the Code has had on marine 
        safety and environmental protection, and identifying actions to 
        further promote marine safety and environmental protection 
        through the Code;
            ``(D) identifying actions to achieve full compliance with 
        and effective implementation of the Code; and
            ``(E) evaluating the effectiveness of internal reporting and 
        auditing under the Code, and recommending actions to ensure the 
        accuracy and candidness of such reporting and auditing.
    These recommended actions may include proposed limits on the use in 
    legal proceedings of documents produced pursuant to the Code.
        ``(2) The Secretary shall provide opportunity for the public to 
    participate in and comment on the study conducted under paragraph 
    (1).
        ``(3) Not later than 18 months after the date of the enactment 
    of this Act [Nov. 13, 1998], the Secretary shall submit to the 
    Congress a report on the results of the study conducted under 
    paragraph (1).
    ``(b) Policy.--
        ``(1) Not later than 9 months after submission of the report in 
    subsection (a)(3), the Secretary shall develop a policy to achieve 
    full compliance with and effective implementation of the Code. The 
    policy may include--
            ``(A) enforcement penalty reductions and waivers, limits on 
        the use in legal proceedings of documents produced pursuant to 
        the Code, or other incentives to ensure accurate and candid 
        reporting and auditing;
            ``(B) any other measures to achieve full compliance with and 
        effective implementation of the Code; and
            ``(C) if appropriate, recommendations to Congress for any 
        legislation necessary to implement one or more elements of the 
        policy.
        ``(2) The Secretary shall provide opportunity for the public to 
    participate in the development of the policy in paragraph (1).
        ``(3) Upon completion of the policy in paragraph (1), the 
    Secretary shall publish the policy in the Federal Register and 
    provide opportunity for public comment on the policy.''


                     Vessel Management Methods Study

    Section 602(c) of Pub. L. 104-324 provided that:
    ``(1) In general.--The Secretary of the department in which the 
Coast Guard is operating shall conduct, in cooperation with the owners, 
charterers, and managing operators of vessels documented under chapter 
121 of title 46, United States Code, and other interested persons, a 
study of the methods that may be used to implement and enforce the 
International Management Code for the Safe Operation of Ships and for 
Pollution Prevention under chapter IX of the Annex to the International 
Convention for the Safety of Life at Sea, 1974.
    ``(2) Report.--The Secretary shall submit to the Congress a report 
of the results of the study required under paragraph (1) before the 
earlier of--
        ``(A) the date that final regulations are prescribed under 
    section 3203 of title 46, United States Code (as enacted by 
    subsection (a)[)]; or
        ``(B) the date that is 1 year after the date of enactment of 
    this Act [Oct. 19, 1996].''


           International Convention for Safety of Life at Sea

    For International Conventions for the Safety of Life at Sea to which 
the United States has been a party, see section 1602 of Title 33, 
Navigation and Navigable Waters, and notes thereunder.
