Title 46ShippingRelease 119-73

§57517 Recovery of excess profits

Title 46 › Subtitle Subtitle V— - Merchant Marine › Part Part F— - Government-Owned Merchant Vessels › Chapter CHAPTER 575— - CONSTRUCTION, CHARTER, AND SALE OF VESSELS › Subchapter SUBCHAPTER II— - CHARTERS › § 57517

Last updated Apr 6, 2026|Official source

Summary

If, at any calendar-year end after a charter begins, cumulative net voyage profit — after paying reserved charter hire and fair overhead for running the vessel — is more than 10% a year of the charterer’s capital necessarily employed, the charterer must pay half the excess to the Secretary. Those profits aren't counted again in later years. Secretary must define the terms and put formulas in bids and charters: net voyage profit; fair and reasonable overhead expenses; capital necessarily employed.

Full Legal Text

Title 46, §57517

Shipping — Source: USLM XML via OLRC

(a)A charter under this chapter shall provide that if, at the end of a calendar year subsequent to the execution of the charter, the cumulative net voyage profit (after payment of the charter hire reserved in the charter and payment of the charterer’s fair and reasonable overhead expenses applicable to operation of the chartered vessel) exceeds 10 percent a year of the charterer’s capital necessarily employed in the business of the chartered vessel, the charterer shall pay to the Secretary of Transportation, as additional charter hire, half the cumulative net voyage profit in excess of 10 percent a year. However, any cumulative net voyage profit accounted for under this subsection is not to be included in the calculation of cumulative net voyage profit in any subsequent year.
(b)The Secretary shall define the terms “net voyage profit”, “fair and reasonable overhead expenses”, and “capital necessarily employed” for this section. Each advertisement for bids and each charter shall contain these definitions, stating the formula for determining each of these three amounts.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5751746 App.:1199.June 29, 1936, ch. 858, title VII, § 709, 49 Stat. 2010; Pub. L. 97–31, § 12(111), Aug. 6, 1981, 95 Stat. 163.

Reference

Citations & Metadata

Citation

46 U.S.C. § 57517

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73