
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC8103]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part F--Manning of Vessels
 
                           CHAPTER 81--GENERAL
 
Sec. 8103. Citizenship and Naval Reserve requirements

    (a) Only a citizen of the United States may serve as master, chief 
engineer, radio officer, or officer in charge of a deck watch or 
engineering watch on a documented vessel.
    (b)(1) Except as otherwise provided in this section, on a documented 
vessel--
        (A) each unlicensed seaman must be a citizen of the United 
    States or an alien lawfully admitted to the United States for 
    permanent residence; and
        (B) not more than 25 percent of the total number of unlicensed 
    seamen on the vessel may be aliens lawfully admitted to the United 
    States for permanent residence.

    (2) Paragraph (1) of this subsection does not apply to--
        (A) a yacht;
        (B) a fishing vessel fishing exclusively for highly migratory 
    species (as that term is defined in section 3 of the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)); 
    and
        (C) a fishing vessel fishing outside of the exclusive economic 
    zone.

    (3) The Secretary may waive a citizenship requirement under this 
section, other than a requirement that applies to the master of a 
documented vessel, with respect to--
        (A) an offshore supply vessel or other similarly engaged vessel 
    of less than 1,600 gross tons as measured under section 14502 of 
    this title, or an alternate tonnage measured under section 14302 of 
    this title as prescribed by the Secretary under section 14104 of 
    this title that operates from a foreign port;
        (B) a mobile offshore drilling unit or other vessel engaged in 
    support of exploration, exploitation, or production of offshore 
    mineral energy resources operating beyond the water above the outer 
    Continental Shelf (as that term is defined in section 2(a) of the 
    Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); and
        (C) any other vessel if the Secretary determines, after an 
    investigation, that qualified seamen who are citizens of the United 
    States are not available.

    (c) On each departure of a vessel (except a passenger vessel) for 
which a construction or operating differential subsidy has been granted, 
all of the seamen of the vessel must be citizens of the United States.
    (d)(1) On each departure of a passenger vessel for which a 
construction or operating differential subsidy has been granted, at 
least 90 percent of the entire complement (including licensed 
individuals) must be citizens of the United States.
    (2) An individual not required by this subsection to be a citizen of 
the United States may be engaged only if the individual has a 
declaration of intention to become a citizen of the United States or 
other evidence of admission to the United States for permanent 
residence. An alien may be employed only in the steward's department of 
the passenger vessel.
    (e) If a documented vessel is deprived for any reason of the 
services of an individual (except the master and the radio officer) when 
on a foreign voyage and a vacancy consequently occurs, until the 
vessel's return to a port at which in the most expeditious manner a 
replacement who is a citizen of the United States can be obtained, an 
individual not a citizen of the United States may serve in--
        (1) the vacancy; or
        (2) a vacancy resulting from the promotion of another individual 
    to fill the original vacancy.

    (f) A person employing an individual in violation of this section or 
a regulation prescribed under this section is liable to the United 
States Government for a civil penalty of $500 for each individual so 
employed.
    (g) A deck or engineer officer employed on a vessel on which an 
operating differential subsidy is paid, or employed on a vessel (except 
a vessel of the Coast Guard or Saint Lawrence Seaway Development 
Corporation) owned or operated by the Department of Transportation or by 
a corporation organized or controlled by the Department, if eligible, 
shall be a member of the Naval Reserve.
    (h) The President may--
        (1) suspend any part of this section during a proclaimed 
    national emergency; and
        (2) when the needs of commerce require, suspend as far and for a 
    period the President considers desirable, subsection (a) of this 
    section for crews of vessels of the United States documented for 
    foreign trade.

    (i)(1) Except as provided in paragraph (3) of this subsection, each 
unlicensed seaman on a fishing, fish processing, or fish tender vessel 
that is engaged in the fisheries in the navigable waters of the United 
States or the exclusive economic zone must be--
        (A) a citizen of the United States;
        (B) an alien lawfully admitted to the United States for 
    permanent residence;
        (C) any other alien allowed to be employed under the Immigration 
    and Nationality Act (8 U.S.C. 1101 et seq.); or
        (D) an alien allowed to be employed under the immigration laws 
    of the Commonwealth of the Northern Mariana Islands if the vessel is 
    permanently stationed at a port within the Commonwealth and the 
    vessel is engaged in the fisheries within the exclusive economic 
    zone surrounding the Commonwealth or another United States territory 
    or possession.

    (2) Not more than 25 percent of the unlicensed seamen on a vessel 
subject to paragraph (1) of this subsection may be aliens referred to in 
clause (C) of that paragraph.
    (3) This subsection does not apply to a fishing vessel fishing 
exclusively for highly migratory species (as that term is defined in 
section 3 of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1802)).

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 548; Pub. L. 100-239, 
Secs. 5(a)(1), (2), (b)-(d)(1), Jan. 11, 1988, 101 Stat. 1780; Pub. L. 
100-255, Mar. 4, 1988, 102 Stat. 23; Pub. L. 101-595, title VI, 
Sec. 603(6), title VII, Sec. 711, Nov. 16, 1990, 104 Stat. 2993, 2997; 
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], 
Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L. 104-324, title VII, 
Sec. 727, title XI, Sec. 1123, Oct. 19, 1996, 110 Stat. 3939, 3980.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          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 Lawrance 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.

                       References in Text

    The Immigration and Nationality Act, referred to in subsec. 
(i)(1)(C), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, and 
is classified principally to chapter 12 (Sec. 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 section 1101 of Title 8 and 
Tables.


                               Amendments

    1996--Subsec. (b)(2)(B). Pub. L. 104-208 substituted ``Magnuson-
Stevens Fishery'' for ``Magnuson Fishery''.
    Subsec. (b)(3)(A). Pub. L. 104-324, Sec. 727, inserted ``as measured 
under section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary under 
section 14104 of this title'' after ``1,600 gross tons''.
    Subsec. (i)(1)(D). Pub. L. 104-324, Sec. 1123, added subpar. (D).
    Subsec. (i)(3). Pub. L. 104-208 substituted ``Magnuson-Stevens 
Fishery'' for ``Magnuson Fishery''.
    1990--Subsec. (i)(3)(C). Pub. L. 101-595, Secs. 603(6) and 711, 
amended subpar. (C) identically, substituting ``Nationality'' for 
``Naturalization''.
    1988--Subsec. (a). Pub. L. 100-239, Sec. 5(a)(1), inserted ``radio 
officer,'' after ``chief engineer,''.
    Subsec. (b). Pub. L. 100-255 substituted ``section,'' for 
``subsection,'' in par. (3).
    Pub. L. 100-239, Sec. 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.''
    Subsecs. (c), (d)(1). Pub. L. 100-239, Sec. 5(b), struck out ``from 
the United States'' after ``On each departure''.
    Subsec. (e). Pub. L. 100-239, Sec. 5(c), 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''.
    Subsec. (i). Pub. L. 100-239, Sec. 5(d)(1), added subsec. (i).


                    Effective Date of 1996 Amendment

    Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208 
provided that the amendment made by that section is effective 15 days 
after Oct. 11, 1996.


                    Effective Date of 1988 Amendment

    Section 5(a)(3) of Pub. L. 100-239 provided that: ``Paragraph (2) of 
this subsection [amending this section] is effective 30 days after the 
date of enactment of this Act [Jan. 11, 1988].''
    Section 5(d)(2) of Pub. L. 100-239 provided that: ``This subsection 
[amending this section] is effective 360 days after the day of the 
enactment of this Act [Jan. 11, 1988].''


         Application of Section to Fishing Vessels in California

    Section 317 of Pub. L. 101-595, as amended by Pub. L. 104-324, title 
III, Sec. 301(d)(2)(B), Oct. 19, 1996, 110 Stat. 3916, provided that:
    ``(a) Definition.--For purposes of the application of sections 
8103(a), 12102, 12110, 12111, and 12122(b) of title 46, United States 
Code, to a fishing vessel operating in waters subject to the 
jurisdiction of the United States off the coast of the State of 
California, the term `citizen of the United States' includes an alien 
lawfully admitted to the United States for permanent residence.
    ``(b) Termination.--This section shall terminate on October 1, 
2000.''
