dreamproit/uscode huggingface dataset:
46 U.S.C. § 51704 (SHIPPING)
§ 51704. Training for maritime oil pollution prevention, response, and clean-up
(a) Assistance in Establishing Program.—
The Secretary of Transportation shall assist maritime training institutions approved by the Secretary in establishing a training program for maritime oil pollution prevention, response, and clean-up.
(b) Providing Training Vessels.—
Subject to subsection (c), the Secretary may provide, with title free of all liens, to maritime training institutions that have a program established under subsection (a), offshore supply vessels and tug/supply vessels that were built in the United States and are in the possession of the Maritime Administration because of a default on a loan guaranteed under chapter 537 of this title.
(c) Requirements.—
In addition to any other requirements the Secretary considers appropriate, the following requirements apply to vessels provided under this section:
(1) The vessel shall be offered to the institution at a location selected by the Secretary.
(2) The institution shall use the vessel to train students and appropriate maritime industry personnel in oil spill prevention, response, clean-up, and related skills.
(3) The institution shall make the vessel and qualified students available to appropriate Federal, State, and local oil spill response authorities when there is a maritime oil spill.
(4) The institution may not sell, trade, charter, donate, scrap, or in any way alter or dispose of the vessel without prior approval of the Secretary.
(5) The institution may not use the vessel in competition with a privately-owned vessel documented under chapter 121 of this title or titled under the law of a State, unless necessary to carry out this section.
(6) When the institution can no longer use the vessel for its training program, the institution shall return the vessel to the Secretary. The Secretary shall take possession at the institution and thereafter may provide the vessel to another institution under this section or dispose of the vessel.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1583.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51704(a)
46 App.:1295d(c)(1).
June 29, 1936, ch. 858, title XIII, § 1305(c), as added Pub. L. 101–595, title VII, § 712, Nov. 16, 1990, 104 Stat. 2998.
51704(b)
46 App.:1295d(c) (2)(A), (4).
51704(c)
46 App.:1295d(c) (2)(B), (3).
In subsection (c)(5), the words “or titled under the law of a State” are substituted for “documented under the laws of . . . any State” for consistency with the terminology in 46 U.S.C. 2101(46) (which is being moved to chapter 1 of the revised title) and 46 U.S.C. ch. 125.
46 U.S.C. § 51705 (SHIPPING)
§ 51705. Training for use of force against piracy
The Secretary of Transportation, in consultation with the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, shall certify a training curriculum for United States mariners on the use of force against pirates. The curriculum shall include—
(1) information on waters designated as high-risk waters by the Commandant of the Coast Guard;
(2) information on current threats and patterns of attack by pirates;
(3) tactics for defense of a vessel, including instruction on the types, use, and limitations of security equipment;
(4) standard rules for the use of force for self-defense as developed by the Secretary of the department in which the Coast Guard is operating under section 912(c) of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 46 U.S.C. 8107 note), including instruction on firearm safety for crewmembers of vessels carrying cargo under section 55305 of this title; and
(5) procedures to follow to improve crewmember survivability if captured and taken hostage by pirates.
(Added Pub. L. 112–213, title V, § 502(a), Dec. 20, 2012, 126 Stat. 1574.)
heading: Deadline
text: Pub. L. 112–213, title V, § 502(b), Dec. 20, 2012, 126 Stat. 1575, provided that: “The Secretary of Transportation shall certify the curriculum required under the amendment made by subsection (a) [enacting this section] not later than 270 days after the date of enactment of this Act [Dec. 20, 2012].”
46 U.S.C. § 51901 (SHIPPING)
§ 51901. Awards for individual acts or service
(a) General Authority.—
The Secretary of Transportation may award decorations and medals of appropriate design (including ribbons, ribbon bars, emblems, rosettes, miniature facsimiles, plaques, citations, or other suitable devices or insignia) for individual acts or service in the merchant marine of the United States. The design may be similar to the design of a decoration or medal authorized for members of the armed forces for similar acts or service.
(b) Specific Authority.—
The Secretary may award—
(1) a Merchant Marine Distinguished Service Medal to an individual for outstanding acts, conduct, or valor beyond the line of duty;
(2) a Merchant Marine Meritorious Service Medal to an individual for meritorious acts, conduct, or valor in the line of duty, but not of the outstanding character that would warrant the award of the Merchant Marine Distinguished Service Medal;
(3) a decoration or medal to an individual for service during a war, national emergency proclaimed by the President or Congress, or operations by the armed forces outside the continental United States under conditions of danger to life and property; and
(4) a decoration or medal to an individual for other acts or service of conspicuous gallantry, intrepidity, and extraordinary heroism under conditions of danger to life and property that would warrant a similar decoration or medal for a member of the armed forces.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1584.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51901(a)
46 App.:2001.
Pub. L. 100–324, §§ 2, 3, 5(d), May 30, 1988, 102 Stat. 576, 577.
46 App.:2004(d).
51901(b)
46 App.:2002.
46 U.S.C. § 51902 (SHIPPING)
§ 51902. Gallant Ship Award
(a) Awards to Vessels.—
The Secretary of Transportation may award a Gallant Ship Award and a citation to a vessel (including a foreign vessel) participating in outstanding or gallant action in a marine disaster or other emergency to save life or property at sea. The Secretary may award a plaque to the vessel, and a replica of the plaque may be preserved as a permanent historical record.
(b) Awards to Crews.—
The Secretary of Transportation may award an appropriate citation ribbon bar to the master and each individual serving, at the time of the action, on a vessel issued an award under subsection (a).
(c) Consultation.—
The Secretary of Transportation shall consult with the Secretary of State before awarding an award or citation to a foreign vessel or its crew under this section.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1584.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51902
46 App.:2003.
Pub. L. 100–324, § 4, May 30, 1988, 102 Stat. 576.
In subsection (a), the words “a vessel (including a foreign vessel)” are substituted for “a United States vessel or to a foreign-flag vessel” to eliminate unnecessary words.
46 U.S.C. § 51903 (SHIPPING)
§ 51903. Multiple awards
An individual may not be awarded more than one of any type of decoration or medal under this chapter. For each succeeding act or service justifying the same decoration or medal, a suitable device may be awarded to be worn with the decoration or medal.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1585.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51903
46 App.:2004(a).
Pub. L. 100–324, § 5(a), May 30, 1988, 102 Stat. 576.
46 U.S.C. § 51904 (SHIPPING)
§ 51904. Presentation to representatives
If an individual to be issued an award under this chapter is unable to accept the award personally, the Secretary of Transportation may present the award to an appropriate representative.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1585.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51904
46 App.:2004(b).
Pub. L. 100–324, § 5(b), May 30, 1988, 102 Stat. 577.
46 U.S.C. § 51905 (SHIPPING)
§ 51905. Flags and grave markers
Except as authorized under another law, the Secretary of Transportation may issue, at no cost, a flag of the United States and a grave marker to the family or personal representative of a deceased individual who served in the merchant marine of the United States in support of the armed forces of the United States or its allies during a war or national emergency.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1585.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51905
46 App.:2005.
Pub. L. 100–324, § 6, May 30, 1988, 102 Stat. 577.
46 U.S.C. § 51906 (SHIPPING)
§ 51906. Special certificates for civilian service to armed forces
(a) General Authority.—
The Maritime Administrator may issue a special certificate to an individual, or the personal representative of an individual, in recognition of service of that individual in the merchant marine of the United States, if the service has been determined to be active duty under section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note).
(b) Relationship to Other Laws.—
Issuance of a certificate under subsection (a) does not entitle an individual to any rights, privileges, or benefits under a law of the United States.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1585.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51906
46 App.:2006.
Pub. L. 100–324, § 7, May 30, 1988, 102 Stat. 577.
46 U.S.C. § 51907 (SHIPPING)
§ 51907. Provision of decorations, medals, and replacements
The Secretary of Transportation may provide—
(1) the decorations and medals authorized by this chapter and replacements for those decorations and medals; and
(2) replacements for decorations and medals issued under a prior law.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1585; Pub. L. 109–163, div. C, title XXXV, § 3510, Jan. 6, 2006, 119 Stat. 3557; Pub. L. 110–181, div. C, title XXXV, § 3523(a)(5)(A), (b), Jan. 28, 2008, 122 Stat. 599, 600.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51907
46 App.:2004(c).
Pub. L. 100–324, § 5(c), May 30, 1988, 102 Stat. 577.
The Secretary’s authority to provide decorations and medals at cost, or to authorize the sale of decorations and medals at reasonable prices, is restated to apply only to replacement awards because Congress probably did not intend that recipients being honored would pay for their decorations and medals.
heading: Amendments
text: 2008—Pub. L. 110–181, § 3523(b), repealed Pub. L. 109–163, § 3510. See 2006 Amendment note below.
Pub. L. 110–181, § 3523(a)(5)(A), incorporated the substance of the amendment by Pub. L. 109–163, § 3510, into this section by amending section catchline and text generally. Prior to amendment, text read as follows: “The Secretary of Transportation may—
“(1) authorize private persons to manufacture decorations and medals authorized under this chapter or a prior law; and
“(2) provide at cost, or authorize private persons to sell at reasonable prices, replacements for those decorations and medals.”
See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.
2006—Pub. L. 109–163, § 3510, which directed the amendment of section 2004(c) of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, § 3523(b). See 2008 Amendment notes and Historical and Revision notes above.
46 U.S.C. § 51908 (SHIPPING)
§ 51908. Prohibition against unauthorized manufacture, sale, possession, or display of awards
(a) Prohibition.—
Except as authorized by this chapter or the Secretary of Transportation, a person may not manufacture, sell, possess, or display a decoration or medal provided for in this chapter.
(b) Civil Penalty.—
A person violating this section is liable to the United States Government for a civil penalty of not more than $2,000.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1585; Pub. L. 109–364, div. C, title XXXV, § 3510(b), Oct. 17, 2006, 120 Stat. 2520; Pub. L. 110–181, div. C, title XXXV, § 3526(e), (g), Jan. 28, 2008, 122 Stat. 602.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51908
46 App.:2007.
Pub. L. 100–324, § 8, May 30, 1988, 102 Stat. 577.
In subsection (b), the words “not more than” are added for clarity and for consistency in the revised title.
heading: Amendments
text: 2008—Pub. L. 110–181, § 3526(g), repealed Pub. L. 109–364, § 3510(b). See 2006 Amendment note below.
Subsec. (a). Pub. L. 110–181, § 3526(e), incorporated the substance of the amendment by Pub. L. 109–364, § 3510(b), into this section by substituting “by this chapter or the Secretary of Transportation” for “under this chapter”. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.
2006—Pub. L. 109–364, § 3510(b), which directed the amendment of section 2007 of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, § 3526(g). See 2008 Amendment note for subsec. (a) and Historical and Revision notes above.
46 U.S.C. § 52101 (SHIPPING)
§ 52101. Reemployment rights for certain merchant seamen
(a) In General.—
An individual who is certified by the Secretary of Transportation under subsection (c) shall be entitled to reemployment rights and other benefits substantially equivalent to the rights and benefits provided for by chapter 43 of title 38 for any member of a reserve component of the armed forces of the United States who is ordered to active duty.
(b) Time for Application.—
An individual may submit an application for certification under subsection (c) to the Secretary not later than 45 days after the date the individual completes a period of employment described in subsection (c)(1)(A) with respect to which the application is submitted.
(c) Certification Determination.—
Not later than 20 days after the date the Secretary receives from an individual an application for certification under this subsection, the Secretary shall—
(1) determine whether the individual—
(A) was employed in the activation or operation of a vessel—
(i) in the National Defense Reserve Fleet maintained under section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744) in a period in which the vessel was in use or being activated for use under subsection (b) of that section;
(ii) requisitioned or purchased under chapter 563 of this title; or
(iii) owned, chartered, or controlled by the United States Government and used by the Government for a war, armed conflict, national emergency, or maritime mobilization need (including for training purposes or testing for readiness and suitability for mission performance); and
(B) during the period of that employment, possessed a valid license, certificate of registry, or merchant mariner’s document issued under chapter 71 or 73 of this title; and
(2) if the Secretary makes affirmative determinations under subparagraphs (A) and (B) of paragraph (1), certify that individual under this subsection.
(d) Equivalence to Military Selective Service Act Certificate.—
For purposes of reemployment rights and benefits provided by this section, a certification under subsection (c) shall be considered to be the equivalent of a certificate described in section 9(a) of the Military Selective Service Act (50 App. U.S.C. 459(a)).
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1585.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
52101
46 App.:1132.
June 29, 1936, ch. 858, title III, § 302, as added Pub. L. 104–239, § 10(a), Oct. 8, 1996, 110 Stat. 3133.
In subsection (c)(1)(B), the words “(as applicable)” are omitted as unnecessary.
In subsection (d), the words “certificate described in section 9(a) of the Military Selective Service Act (50 App. U.S.C. 459(a))” are substituted for “certificate referred to in paragraph (1) of section 4301(a) of title 38” because section 4301 of title 38 was amended generally by section 2(a) of Public Law 103–353, and before the amendment section 4301(a)(1) referred to a certificate described in section 9(a) of the Military Selective Service Act (50 App. U.S.C. 459(a)).
46 U.S.C. § 53108 (SHIPPING)
§ 53108. Regulatory relief
(a) Operation in Foreign Commerce.—
A contractor for a vessel included in an operating agreement under this chapter may operate the vessel in the foreign commerce of the United States without restriction.
(b) Other Restrictions.—
The restrictions of section 55305(a) of this title concerning the building, rebuilding, or documentation of a vessel in a foreign country shall not apply to a vessel for any day the operator of that vessel is receiving payments for operation of that vessel under an operating agreement under this chapter.
(c) Telecommunications Equipment.—
The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an operating agreement under this chapter shall be deemed to satisfy all Federal Communications Commission equipment certification requirements, if—
(1) such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States;
(2) that country has not been identified by the Secretary as inadequately enforcing international regulations as to that vessel; and
(3) at the end of its useful life, such equipment will be replaced with equipment that meets Federal Communications Commission equipment certification standards.
(Added Pub. L. 108–136, div. C, title XXXV, § 3531(a), Nov. 24, 2003, 117 Stat. 1816; amended Pub. L. 109–304, § 13(a)(7), Oct. 6, 2006, 120 Stat. 1701.)
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–304 substituted “section 55305(a) of this title” for “section 901(b)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b)(1))”.
46 U.S.C. § 53109 (SHIPPING)
[§ 53109. Repealed. Pub. L. 112–239, div. C, title XXXV, § 3508(h), Jan. 2, 2013, 126 Stat. 2225]
text: Section, Pub. L. 108–136, div. C, title XXXV, § 3531(a), Nov. 24, 2003, 117 Stat. 1817, related to special rule regarding age of participating fleet vessel.
46 U.S.C. § 53110 (SHIPPING)
§ 53110. Regulations
The Secretary and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter.
(Added Pub. L. 108–136, div. C, title XXXV, § 3531(a), Nov. 24, 2003, 117 Stat. 1817.)
heading: Interim Rules
text: Pub. L. 108–136, div. C, title XXXV, § 3533, Nov. 24, 2003, 117 Stat. 1818, provided that: “The Secretary of Transportation and the Secretary of Defense may each prescribe interim rules necessary to carry out their respective responsibilities under this subtitle [subtitle C (§§ 3531–3537) of title XXXV of div. C of Pub. L. 108–136, enacting this chapter, amending former section 12102 of this title and sections 808 and 1162 of the former Appendix to this title, repealing sections 1187 to 1187e and 1222 of the former Appendix to this title, enacting provisions set out as a note under section 53101 of this title, and amending provisions set out as a note under section 1187 of the former Appendix to this title] and the amendments made by this subtitle. For this purpose, the Secretaries are excepted from compliance with the notice and comment requirements of section 553 of title 5, United States Code. All interim rules prescribed under the authority of this section that are not earlier superseded by final rules shall expire no later than 270 days after the effective date of this subtitle [see Effective Date note set out under section 53101 of this title].”
46 U.S.C. § 53111 (SHIPPING)
§ 53111. Authorization of appropriations
There are authorized to be appropriated for payments under section 53106, to remain available until expended—
(1) $156,000,000 for each of fiscal years 2006, 2007, and 2008;
(2) $174,000,000 for each of fiscal years 2009, 2010, and 2011;
(3) $186,000,000 for each of fiscal years 2012, 2013, 2014, 2015, 2016, 2017, and 2018;
(4) $210,000,000 for each of fiscal years 2019, 2020, and 2021; and
(5) $222,000,000 for each fiscal year thereafter through fiscal year 2025.
(Added Pub. L. 108–136, div. C, title XXXV, § 3531(a), Nov. 24, 2003, 117 Stat. 1817; amended Pub. L. 111–383, div. C, title XXXV, § 3502(3), Jan. 7, 2011, 124 Stat. 4518; Pub. L. 112–239, div. C, title XXXV, § 3508(i), Jan. 2, 2013, 126 Stat. 2225.)
heading: Amendments
text: 2013—Par. (2). Pub. L. 112–239, § 3508(i)(1), struck out “and” at end.
Pars. (3) to (5). Pub. L. 112–239, § 3508(i)(2), which directed amendment of par. (3) “to read as follows” and then set out pars. (3) to (5), was executed by amending par. (3) generally and adding pars. (4) and (5) to reflect the probable intent of Congress. Prior to amendment, par. (3) read as follows: “$186,000,000 for each fiscal year thereafter through fiscal year 2025.”
2011—Par. (3). Pub. L. 111–383 substituted “2025” for “2015”.
46 U.S.C. § 53302 (SHIPPING)
§ 53302. Authority for construction reserve funds
(a) General Authority.—
An eligible person under section 53303 of this title may establish a construction reserve fund for the construction, reconstruction, reconditioning, or acquisition of a new vessel or for other purposes authorized by this chapter.
(b) Application of Certain Laws and Regulations.—
The fund shall be established, maintained, expended, and used as provided by this chapter and regulations prescribed jointly by the Secretary of Transportation and the Secretary of the Treasury.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1587.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
53302(a)
46 App.:1161(b) (1st sentence words before 6th comma and between 10th and 16th commas).
June 29, 1936, ch. 858, title V, § 511(b) (1st sentence words before 6th comma and between 10th and 16th commas, last sentence), as added Oct. 10, 1940, ch. 849, 54 Stat. 1106; June 17, 1943, ch. 130, subdiv. (a), 57 Stat. 157; July 17, 1952, ch. 939, § 9, 66 Stat. 762; Pub. L. 97–31, § 12(92)(A), Aug. 6, 1981, 95 Stat. 161.
53302(b)
46 App.:1161(b) (last sentence).
In subsection (a), the words “necessary to carrying out the policy set forth in section 1101 of this Appendix” are omitted as unnecessary.
46 U.S.C. § 53303 (SHIPPING)
§ 53303. Persons eligible to establish funds
A construction reserve fund may be established by a citizen of the United States that—
(1) is operating a vessel in the foreign or domestic commerce of the United States or in the fisheries;
(2) owns, in whole or in part, a vessel being operated in the foreign or domestic commerce of the United States or in the fisheries;
(3) was operating a vessel in the foreign or domestic commerce of the United States or in the fisheries when it was bought or requisitioned by the United States Government;
(4) owned, in whole or in part, a vessel being operated in the foreign or domestic commerce of the United States or in the fisheries when it was bought or requisitioned by the Government; or
(5) had acquired or was having constructed a vessel to operate in the foreign or domestic commerce of the United States or in the fisheries when it was bought or requisitioned by the Government.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1587.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
53303
46 App.:1161(b) (1st sentence words between 6th and 10th commas).
June 29, 1936, ch. 858, title V, § 511(b) (1st sentence words between 6th and 10th commas), as added Oct. 10, 1940, ch. 849, 54 Stat. 1106; June 17, 1943, ch. 130, subdiv. (a), 57 Stat. 157; July 17, 1952, ch. 939, § 9, 66 Stat. 762.