‘‘(d) DETERMINATION OF 75 PERCENT CORPORATE INTEREST.—At least 
75 percent of the interest in a corporation is owned by citizens of the 
United States under subsection (a) only if— 
‘‘(1) title to at least 75 percent of the stock in the corporation is 
vested in citizens of the United States free from any trust or fiduciary 
obligation in favor of a person not a citizen of the United States; 
‘‘(2) at least 75 percent of the voting power in the corporation is 
vested in citizens of the United States; 
‘‘(3) there is no contract or understanding by which more than 25 
percent of the voting power in the corporation may be exercised, di-
rectly or indirectly, in behalf of a person not a citizen of the United 
States; and 
‘‘(4) there is no other means by which control of more than 25 per-
cent of any interest in the corporation is given to or permitted to be 
exercised by a person not a citizen of the United States. 
‘‘§ 50502. Applicability to receivers, trustees, successors, and 
assigns 
‘‘This subtitle applies to receivers, trustees, successors, and assigns of any 
person to whom this subtitle applies. 
‘‘§ 50503. Oceanographic research vessels 
‘‘An oceanographic research vessel (as defined in section 2101 of this 
title) is deemed not to be engaged in trade or commerce. 
‘‘§ 50504. Sailing school vessels 
‘‘(a) DEFINITIONS.—In this section, the terms ‘sailing school instructor’, 
‘sailing school student’, and ‘sailing school vessel’ have the meaning given 
those terms in section 2101 of this title. 
‘‘(b) NOT SEAMEN.—A sailing school student or sailing school instructor 
is deemed not to be a seaman under— 
‘‘(1) parts B, F, and G of subtitle II of this title; or 
‘‘(2) the maritime law doctrines of maintenance and cure or war-
ranty of seaworthiness. 
‘‘(c) NOT MERCHANT VESSEL OR ENGAGED IN TRADE OR COMMERCE.— 
A sailing school vessel is deemed not to be— 
‘‘(1) a merchant vessel under section 11101(a)–(c) of this title; or 
‘‘(2) a vessel engaged in trade or commerce. 
‘‘(d) EVIDENCE
OF
FINANCIAL
RESPONSIBILITY.—The owner or 
charterer of a sailing school vessel shall maintain evidence of financial re-
sponsibility to meet liability for death or injury to sailing school students 
and sailing school instructors on a voyage on the vessel. The amount of fi-
nancial responsibility shall be at least $50,000 for each student and instruc-
VerDate Aug 31 2005 
02:33 Sep 08, 2006
Jkt 049006
PO 00000
Frm 00099
Fmt 6652
Sfmt 6221
E:\BILLS\H1442.RS
H1442
pwalker on PRODPC60 with BILLS
100 
tor. Financial responsibility under this subsection may be evidenced by in-
surance or other adequate financial resources. 
‘‘PART B—MERCHANT MARINE SERVICE 
‘‘CHAPTER 511—GENERAL 
‘‘Sec. 
‘‘51101.
Policy. 
‘‘51102.
Definitions. 
‘‘51103.
General authority of Secretary of Transportation. 
‘‘51104.
General authority of Secretary of the Navy. 
‘‘§ 51101. Policy 
‘‘It is the policy of the United States that merchant marine vessels of the 
United States should be operated by highly trained and efficient citizens of 
the United States and that the United States Navy and the merchant ma-
rine of the United States should work closely together to promote the max-
imum integration of the total seapower forces of the United States. 
‘‘§ 51102. Definitions 
‘‘In this part: 
‘‘(1) ACADEMY.—The term ‘Academy’ means the United States Mer-
chant Marine Academy located at Kings Point, New York, and main-
tained under chapter 513 of this title. 
‘‘(2) COST OF EDUCATION PROVIDED.—The term ‘cost of education 
provided’ means the financial costs incurred by the United States Gov-
ernment for providing training or financial assistance to students at 
the Academy and the State maritime academies, including direct finan-
cial assistance, room, board, classroom academics, and other training 
activities. 
‘‘(3) MERCHANT MARINE OFFICER.—The term ‘merchant marine of-
ficer’ means an individual issued a license by the Coast Guard author-
izing service as— 
‘‘(A) a master, mate, or pilot on a documented vessel that— 
‘‘(i) is of at least 1,000 gross tons as measured under sec-
tion 14502 of this title or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Sec-
retary under section 14104 of this title; and 
‘‘(ii) operates on the oceans or the Great Lakes; or 
‘‘(B) an engineer officer on a documented vessel propelled by 
machinery of at least 4,000 horsepower. 
‘‘(4) STATE MARITIME ACADEMY.—The term ‘State maritime acad-
emy’ means— 
‘‘(A) a State maritime academy or college sponsored by a State 
and assisted under chapter 515 of this title; and 
‘‘(B) a regional maritime academy or college sponsored by a 
group of States and assisted under chapter 515 of this title. 
VerDate Aug 31 2005 
02:33 Sep 08, 2006
Jkt 049006
PO 00000
Frm 00100
Fmt 6652
Sfmt 6221
E:\BILLS\H1442.RS
H1442
pwalker on PRODPC60 with BILLS
101 
‘‘§ 51103. General authority of Secretary of Transportation 
‘‘(a) EDUCATION AND TRAINING.—The Secretary of Transportation may 
provide for the education and training of citizens of the United States for 
the safe and efficient operation of the merchant marine of the United States 
at all times, including operation as a naval and military auxiliary in time 
of war or national emergency. 
‘‘(b) SURPLUS PROPERTY FOR INSTRUCTIONAL PURPOSES.— 
‘‘(1) IN GENERAL.—The Secretary may cooperate with and assist the 
institutions named in paragraph (2) by making vessels, shipboard 
equipment, and other marine equipment, owned by the United States 
Government and determined to be excess or surplus, available to those 
institutions for instructional purposes, by gift, loan, sale, lease, or char-
ter on terms the Secretary considers appropriate. 
‘‘(2) INSTITUTIONS.—The institutions referred to in paragraph (1) 
are— 
‘‘(A) the United States Merchant Marine Academy; 
‘‘(B) a State maritime academy; and 
‘‘(C) a nonprofit training institution jointly approved by the 
Secretary of Transportation and the Secretary of the department 
in which the Coast Guard is operating as offering training courses 
that meet Federal regulations for maritime training. 
‘‘(c) ASSISTANCE FROM OTHER AGENCIES.— 
‘‘(1) IN GENERAL.—The Secretary of Transportation may secure di-
rectly from an agency, on a reimbursable basis, information, facilities, 
and equipment necessary to carry out this part. 
‘‘(2) DETAILING PERSONNEL.—At the request of the Secretary, the 
head of an agency (including a military department) may detail, on a 
reimbursable basis, personnel from the agency to the Secretary to as-
sist in carrying out this part. 
‘‘(d) ACADEMY PERSONNEL.—To carry out this part, the Secretary 
may— 
‘‘(1) employ an individual as a professor, lecturer, or instructor at 
the Academy, without regard to the provisions of title 5 governing ap-
pointments in the competitive service; and 
‘‘(2) pay the individual without regard to chapter 51 and subchapter 
III of chapter 53 of title 5. 
‘‘§ 51104. General authority of Secretary of the Navy 
‘‘The Secretary of the Navy, in cooperation with the Maritime Adminis-
trator and the head of each State maritime academy, shall ensure that— 
‘‘(1) the training of future merchant marine officers at the United 
States Merchant Marine Academy and at State maritime academies in-
VerDate Aug 31 2005 
02:33 Sep 08, 2006
Jkt 049006
PO 00000
Frm 00101
Fmt 6652
Sfmt 6221
E:\BILLS\H1442.RS
H1442
pwalker on PRODPC60 with BILLS
102 
cludes programs for naval science training in the operation of merchant 
vessels as a naval and military auxiliary; and 
‘‘(2) naval officer training programs for future officers, insofar as 
possible, are maintained at designated maritime academies consistent 
with Navy standards and needs. 
‘‘CHAPTER 513—UNITED STATES MERCHANT MARINE 
ACADEMY 
‘‘Sec. 
‘‘51301.
Maintenance of the Academy. 
‘‘51302.
Nomination and competitive appointment of cadets. 
‘‘51303.
Non-competitive appointments. 
‘‘51304.
Additional appointments from particular areas. 
‘‘51305.
Prohibited basis for appointment. 
‘‘51306.
Cadet commitment agreements. 
‘‘51307.
Places of training. 
‘‘51308.
Uniforms, textbooks, and transportation allowances. 
‘‘51309.
Academic degree. 
‘‘51310.
Deferment of service obligation under cadet commitment agreements. 
‘‘51311.
Midshipman status in the Naval Reserve. 
‘‘51312.
Board of Visitors. 
‘‘51313.
Advisory Board. 
‘‘51314.
Limitation on charges and fees for attendance. 
‘‘§ 51301. Maintenance of the Academy 
‘‘The Secretary of Transportation shall maintain the United States Mer-
chant Marine Academy to provide instruction to individuals to prepare them 
for service in the merchant marine of the United States. 
‘‘§ 51302. Nomination and competitive appointment of ca-
dets 
‘‘(a) REQUIREMENTS.—An individual may be nominated for a competitive 
appointment as a cadet at the United States Merchant Marine Academy 
only if the individual— 
‘‘(1) is a citizen or national of the United States; and 
‘‘(2) meets the minimum requirements that the Secretary of Trans-
portation shall establish. 
‘‘(b) NOMINATORS.—Nominations for competitive appointments for the 
positions allocated under subsection (c) may be made as follows: 
‘‘(1) A Senator may nominate residents of the State represented by 
that Senator. 
‘‘(2) A Member of the House of Representatives may nominate resi-
dents of the State in which the congressional district represented by 
that Member is located. 
‘‘(3) A Delegate to the House of Representatives from the District 
of Columbia, the Virgin Islands, Guam, or American Samoa may nomi-
nate residents of the jurisdiction represented by that Delegate. 
‘‘(4) The Resident Commissioner to the United States from Puerto 
Rico may nominate residents of Puerto Rico. 
VerDate Aug 31 2005 
02:33 Sep 08, 2006
Jkt 049006
PO 00000
Frm 00102
Fmt 6652
Sfmt 6221
E:\BILLS\H1442.RS
H1442
pwalker on PRODPC60 with BILLS