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46 U.S.C. § 51314 (SHIPPING)
§ 51314. Limitation on charges and fees for attendance
(a) Prohibition.—
Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at the United States Merchant Marine Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994.
(b) Exception.—
The prohibition specified in subsection (a) does not apply with respect to any item or service provided to cadets for which a charge or fee is imposed as of October 5, 1994, or for calculators, computers, personal and academic supplies, midshipman services such as barber, tailor, or laundry services, and Coast Guard license fees. The Secretary of Transportation shall present at the next meeting of the Board of Visitors, and post on a publicly available website, any change made by the Academy in the amount of a charge or fee authorized under this subsection. Such fees shall be credited to the Maritime Administration’s Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purposes of the fees. Fees collected in excess of actual expenses may be refunded to the Midshipmen through a mechanism approved by the Secretary. The Academy shall maintain a separate and detailed accounting of fee revenue and all associated expenses.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1576; Pub. L. 111–84, div. C, title XXXV, § 3510, Oct. 28, 2009, 123 Stat. 2722; Pub. L. 111–117, div. A, title I, § 176, Dec. 16, 2009, 123 Stat. 3068; Pub. L. 115–420, § 2, Jan. 3, 2019, 132 Stat. 5444.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51314
46 App.:1295b(j).
June 29, 1936, ch. 858, title XIII, § 1303(j), as added Pub. L. 108–375, Oct. 28, 2004, div. A, title V, § 545(e), 118 Stat. 1909.
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (b). Pub. L. 115–420 substituted “shall present at the next meeting of the Board of Visitors, and post on a publicly available website,” for “shall notify Congress of”.
2009—Subsec. (b). Pub. L. 111–117 inserted at end “Such fees shall be credited to the Maritime Administration’s Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purposes of the fees. Fees collected in excess of actual expenses may be refunded to the Midshipmen through a mechanism approved by the Secretary. The Academy shall maintain a separate and detailed accounting of fee revenue and all associated expenses.”
Pub. L. 111–84 substituted “1994, or for calculators, computers, personal and academic supplies, midshipman services such as barber, tailor, or laundry services, and Coast Guard license fees.” for “1994.”
46 U.S.C. § 51315 (SHIPPING)
§ 51315. Gifts to the Merchant Marine Academy
(a) In General.—
The Maritime Administrator may accept and use conditional or unconditional gifts of money or property for the benefit of the United States Merchant Marine Academy, including acceptance and use for non-appropriated fund instrumentalities of the Merchant Marine Academy. The Maritime Administrator may accept a gift of services in carrying out the Administrator’s duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, in accordance with the terms of the gift.
(b) Establishment of Academy Gift Fund.—
There is established in the Treasury a fund, to be known as the “Academy Gift Fund”. Disbursements from the Fund shall be made on order of the Maritime Administrator. Unless otherwise specified by the terms of the gift, the Maritime Administrator may use monies in the Fund for appropriated or non-appropriated purposes at the Academy. The Fund consists of—
(1) gifts of money;
(2) income from donated property accepted under this section;
(3) proceeds from the sale of donated property; and
(4) income from securities under subsection (c) of this section.
(c) Investment of Fund Balances.—
On request of the Maritime Administrator, the Secretary of the Treasury may invest and reinvest amounts in the Fund in securities of, or in securities the principal and interest of which is guaranteed by, the United States Government.
(d) Disbursement Authority.—
There are hereby authorized to be disbursed from the Fund such sums as may be on deposit, to remain available until expended.
(e) Deductibility of Gifts.—
Gifts accepted under this section are a gift to or for the use of the Government under the Internal Revenue Code of 1986.
(f) Payment of Expenses.—
The Maritime Administrator may pay all necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest accepted under this section.
(Added Pub. L. 110–417, div. C, title XXXV, § 3506(g)(1), Oct. 14, 2008, 122 Stat. 4764; amended Pub. L. 115–91, div. C, title XXXV, § 3511, Dec. 12, 2017, 131 Stat. 1918.)
heading: Editorial Notes
heading: References in Text
text: The Internal Revenue Code of 1986, referred to in subsec. (e), is classified generally to Title 26, Internal Revenue Code.
heading: Amendments
text: 2017—Subsec. (f). Pub. L. 115–91 added subsec. (f).
46 U.S.C. § 51316 (SHIPPING)
§ 51316. Temporary appointments to the Academy
Notwithstanding any other provision of law, the Maritime Administrator may appoint any present employee of the United States Merchant Marine Academy non-appropriated fund instrumentality to a position on the General Schedule of comparable pay. Eligible personnel shall be engaged in work permissibly funded by annual appropriations, and such appointments to the Civil Service shall be without regard to competition, for a term not to exceed 2 years.
(Added Pub. L. 110–417, div. C, title XXXV, § 3506(h)(1), Oct. 14, 2008, 122 Stat. 4765.)
heading: Editorial Notes
heading: References in Text
text: The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees.
46 U.S.C. § 51317 (SHIPPING)
§ 51317. Adjunct professors
(a) In General.—
The Maritime Administrator may establish a program for the purpose of contracting with individuals as personal services contractors to provide services as adjunct professors at the Academy, if the Maritime Administrator determines that there is a need for adjunct professors and the need is not of permanent duration.
(b) Contract Requirements.—
Each contract under the program—
(1) must be approved by the Maritime Administrator;
(2) shall be for a duration, including options, of not to exceed one year unless the Maritime Administrator finds that exceptional circumstances justify an extension of up to one additional year; and
(3) shall be subject to the availability of appropriations.
(Added Pub. L. 111–84, div. C, title XXXV, § 3503(a), Oct. 28, 2009, 123 Stat. 2719; amended Pub. L. 115–91, div. C, title XXXV, § 3509, Dec. 12, 2017, 131 Stat. 1916.)
heading: Editorial Notes
heading: Amendments
text: 2017—Subsec. (b)(1). Pub. L. 115–91, § 3509(1)(A), struck out “and” at end.
Subsec. (b)(2). Pub. L. 115–91, § 3509(1)(B), substituted “; and” for period at end.
Subsecs. (c), (d). Pub. L. 115–91, § 3509(2), struck out subsecs. (c) and (d) which related to limitation on number of contractors and reporting requirements, respectively.
46 U.S.C. § 51322 (SHIPPING)
§ 51322. Protection of cadets from sexual assault onboard vessels
(a) Riding Gangs.—
(1) Certification of compliance.—
The Maritime Administrator shall require the owner or operator of any commercial vessel that is carrying a cadet from the United States Merchant Marine Academy to certify compliance of the vessel with the International Convention for Safety of Life at Sea, 1974 (32 UST 47) and section 8106 of this title.
(2) Information for cadets.—
The Maritime Administrator shall ensure that the Academy informs cadets preparing for Sea Year of the obligations that vessel owners and operators have to provide for the security of individuals aboard a vessel under United States law, including chapter 81 and section 70103(c) of this title.
(b) Checks of Commercial Vessels.—
(1) Requirement.—
Not less frequently than biennially, staff of the Academy or staff of the Maritime Administration shall conduct both random and targeted unannounced checks of not less than 10 percent of the commercial vessels that host a cadet from the Academy.
(2) Removal of students.—
If staff of the Academy or staff of the Maritime Administration determine that a commercial vessel is in violation of the sexual assault policy developed by the Academy through a check conducted under paragraph (1), the staff may—
(A) remove any cadet of the Academy from the vessel; and
(B) report the violation to the owner or operator of the vessel.
(c) Maintenance of Sexual Assault Training Records.—
The Maritime Administrator shall require the owner or operator of a commercial vessel, or the seafarer union for a commercial vessel, to maintain records of sexual assault training for any person required to have such training.
(d) Sea Year Survey.—
(1) Requirement.—
The Maritime Administrator shall require each cadet from the Academy, upon completion of the cadet’s Sea Year, to complete a survey regarding the environment and conditions during the Sea Year of the vessel to which the cadet was assigned.
(2) Availability.—
The Maritime Administrator shall make available to the public for each year—
(A) the questions used in the survey required by paragraph (1); and
(B) the aggregated data received from such surveys.
(Added Pub. L. 115–91, div. C, title XXXV, § 3516(a), Dec. 12, 2017, 131 Stat. 1927; amended Pub. L. 115–232, div. C, title XXXV, § 3515(b), Aug. 13, 2018, 132 Stat. 2312.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (c). Pub. L. 115–232 amended subsec. (c) generally. Prior to amendment, text read as follows: “The Maritime Administrator shall require the owner or operator of a commercial vessel, or the seafarer union for a commercial vessel, to maintain records of sexual assault training for the crew and passengers of any vessel hosting a cadet from the Academy.”
46 U.S.C. § 51501 (SHIPPING)
§ 51501. General support program
(a) Assistance to State Maritime Academies.—
The Secretary of Transportation shall cooperate with and assist State maritime academies in providing instruction to individuals to prepare them for service in the merchant marine of the United States.
(b) Course Development.—
The Secretary shall provide to each State maritime academy guidance and assistance in developing courses on the operation and maintenance of new vessels, on equipment, and on innovations being introduced to the merchant marine of the United States.
(c) American Maritime Centers of Excellence.—
The Secretary shall designate each State maritime academy as an American Maritime Center of Excellence.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1577; Pub. L. 116–92, div. C, title XXXV, § 3505, Dec. 20, 2019, 133 Stat. 1970.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51501(a)
46 App.:1295c(a).
June 29, 1936, ch. 858, title XIII, § 1304(a), (d)(2), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2003, 2004.
51501(b)
46 App.:1295c(d)(2).
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (c). Pub. L. 116–92 added subsec. (c).
46 U.S.C. § 51505 (SHIPPING)
§ 51505. Annual payments for maintenance and support
(a) Payment Agreements.—
The Secretary of Transportation may make an agreement (effective for not more than 4 years) with the following academies to provide annual payments to those academies for their maintenance and support:
(1) One State maritime academy in each State that satisfies section 51506(a) of this title.
(2) Each regional maritime academy that satisfies section 51506(a) of this title.
(b) Payments.—
(1) In general.—
Subject to paragraph (2), an annual payment to an academy under subsection (a) shall be at least equal to the amount given to the academy for its maintenance and support by the State in which it is located, or, for a regional maritime academy, by all States cooperating to sponsor the academy.
(2) Maximum.—
The amount under paragraph (1) may not be more than $25,000, unless the academy satisfies section 51506(b) of this title.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1578; Pub. L. 109–163, div. C, title XXXV, § 3502(a), Jan. 6, 2006, 119 Stat. 3547; Pub. L. 110–181, div. C, title XXXV, § 3523(a)(3), (b), Jan. 28, 2008, 122 Stat. 599, 600; Pub. L. 115–232, div. C, title XXXV, § 3515(d), Aug. 13, 2018, 132 Stat. 2313.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51505
46 App.:1295c(d)(1).
June 29, 1936, ch. 858, title XIII, § 1304(d)(1), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2004; Pub. L. 101–115, § 5, Oct. 13, 1989, 103 Stat. 693.
In subsection (b)(1), the reference to territories is omitted as unnecessary because of the definition of “State” in chapter 1 of the revised title.
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (b)(2). Pub. L. 115–232 amended par. (2) generally. Prior to amendment, text read as follows: “The amount under paragraph (1) may not be more than $25,000. However, if the academy satisfies section 51506(b) of this title, the amount shall be—
“(A) $100,000 for a State maritime academy; and
“(B) $300,000 for fiscal year 2006, $400,000 for fiscal year 2007, and $500,000 for fiscal year 2008 and each fiscal year thereafter for a regional maritime academy.”
2008—Pub. L. 110–181, § 3523(b), repealed Pub. L. 109–163, § 3502(a). See 2006 Amendment note below.
Subsec. (b)(2)(B). Pub. L. 110–181, § 3523(a)(3), incorporated the substance of the amendment by Pub. L. 109–163, § 3502(a), into this section by substituting “$300,000 for fiscal year 2006, $400,000 for fiscal year 2007, and $500,000 for fiscal year 2008 and each fiscal year thereafter” for “$200,000”. 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, § 3502(a), which directed the amendment of section 1295c(d)(1) 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 note for subsec. (b)(2)(B) and Historical and Revision notes above.
46 U.S.C. § 51511 (SHIPPING)
§ 51511. Midshipman status in the Navy Reserve
A citizen of the United States attending a State maritime academy may be appointed by the Secretary of the Navy as a midshipman in the Navy Reserve (including the Merchant Marine Reserve, Navy Reserve).
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1582; Pub. L. 109–163, div. A, title V, § 515(g)(2), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 110–181, div. C, title XXXV, § 3523(a)(1), (b), Jan. 28, 2008, 122 Stat. 598, 600.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51511
46 App.:1295c(h).
June 29, 1936, ch. 858, title XIII, § 1304(h), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2006.
heading: Editorial Notes
heading: Amendments
text: 2008—Pub. L. 110–181, § 3523(b), repealed Pub. L. 109–163, § 515(g)(2). See 2006 Amendment note below.
Pub. L. 110–181, § 3523(a)(1), incorporated the substance of the amendment by Pub. L. 109–163, § 515(g)(2), into this section by substituting “Navy Reserve” for “Naval Reserve” wherever appearing in section catchline and text. 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, § 515(g)(2), which directed the amendment of section 1295c 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. § 51703 (SHIPPING)
§ 51703. Additional training
(a) General Authority.—
The Secretary of Transportation may provide additional training on maritime subjects to supplement other training opportunities and make the training available to the personnel of the merchant marine of the United States and individuals preparing for a career in the merchant marine of the United States.
(b) Equipment, Supplies, and Contracts.—
The Secretary may—
(1) prepare or buy equipment or supplies required for the additional training; and
(2) without regard to section 6101(b) to (d) of title 41, make contracts for services the Secretary considers necessary to prepare the equipment and supplies and to supervise and administer the additional training.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1583; Pub. L. 111–350, § 5(n), Jan. 4, 2011, 124 Stat. 3853.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51703
46 App.:1295d(a), (b).
June 29, 1936, ch. 858, title XIII, § 1305(a), (b), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2006.
In subsection (a), before paragraph (1), the words “as the Secretary deems necessary” are omitted as unnecessary.
In subsection (b), the words “with any person, partnership, firm, association, or corporation” and “the performance of” are omitted as unnecessary.
heading: Editorial Notes
heading: Amendments
text: 2011—Subsec. (b)(2). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”.
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Editorial Notes
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.