dreamproit/uscode huggingface dataset:
46 U.S.C. § 2303a (SHIPPING)
§ 2303a. Post serious marine casualty alcohol testing
(a) The Secretary shall establish procedures to ensure that after a serious marine casualty occurs, alcohol testing of crew members or other individuals responsible for the operation or other safety-sensitive functions of the vessel or vessels involved in such casualty is conducted no later than 2 hours after the casualty occurs, unless such testing cannot be completed within that time due to safety concerns directly related to the casualty.
(b) The procedures in subsection (a) shall require that if alcohol testing cannot be completed within 2 hours of the occurrence of the casualty, such testing shall be conducted as soon thereafter as the safety concerns in subsection (a) have been adequately addressed to permit such testing, except that such testing may not be required more than 8 hours after the casualty occurs.
(Added Pub. L. 105–383, title III, § 304(d)(1), Nov. 13, 1998, 112 Stat. 3419; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(1), Jan. 1, 2021, 134 Stat. 4751.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283 substituted “individuals” for “persons”.
46 U.S.C. § 3317 (SHIPPING)
§ 3317. Fees
(a) The Secretary may prescribe by regulation fees for inspecting or examining a small passenger vessel or a sailing school vessel.
(b) When an inspection or examination under this part of a documented vessel or a foreign vessel is conducted at a foreign port or place at the request of the owner or managing operator of the vessel, the owner or operator shall reimburse the Secretary for the travel and subsistence expenses incurred by the personnel assigned to perform the inspection or examination. Amounts received as reimbursement for these expenses shall be credited to the appropriation for operations and support of the Coast Guard.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 517; Pub. L. 102–587, title V, § 5211, Nov. 4, 1992, 106 Stat. 5076; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8513(b), Jan. 1, 2021, 134 Stat. 4761.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
3317
46:390a(b)
46:382b–1
Section 3317 provides the regulatory authority for prescribing fees for the inspection of small passenger vessels and sailing school vessels. Although section 2110 generally prohibits fees of this nature, this provision is consistent with the exception that permits specific statutory authorization for fee collection. Subsection (b) requires the reimbursement of expenses for the conduct of an inspection or examination at a foreign port or place when done there for the convenience of the owner or operator of the vessel.
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (b). Pub. L. 116–283 substituted “operations and support” for “operating expenses”.
1992—Subsec. (b). Pub. L. 102–587 substituted “under this part of a documented vessel or a foreign vessel” for “under this chapter of a documented vessel”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
46 U.S.C. § 3509 (SHIPPING)
§ 3509. Medical standards
The owner of a vessel to which section 3507 applies shall ensure that—
(1) a physician is always present and available to treat any passengers who may be on board the vessel in the event of an emergency situation;
(2) the vessel is in compliance with the Health Care Guidelines for Cruise Ship Medical Facilities established by the American College of Emergency Physicians; and
(3) the initial safety briefing given to the passengers on board the vessel includes—
(A) the location of the vessel’s medical facilities; and
(B) the appropriate steps passengers should follow during a medical emergency.
(Added Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8322(a), Jan. 1, 2021, 134 Stat. 4702.)
46 U.S.C. § 3510 (SHIPPING)
§ 3510. Additional medical and safety standards
(a) Automated External Defibrillators.—
Not later than 1 year after the date of enactment of this section, the Secretary, in consultation with the Secretary of Health and Human Services and other appropriate Federal agencies, shall promulgate regulations to—
(1) require that the owner of a vessel to which section 3507 applies install, and maintain in working order, automated external defibrillators on such vessel;
(2) require that such defibrillators be placed throughout such vessel in clearly designated locations;
(3) require that such defibrillators are available for passenger and crew access in the event of an emergency; and
(4) require that automated external defibrillators, or adjacent equipment, allow passengers and crew to easily contact medical staff of the vessel.
(b) Definition of Owner.—
In this section, the term “owner” has the meaning given such term in section 3507.
(Added Pub. L. 117–14, § 3(a), May 24, 2021, 135 Stat. 275.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 117–14, which was approved May 24, 2021.
46 U.S.C. § 4305 (SHIPPING)
§ 4305. Exemptions and equivalents
(a) Exemptions.—
If the Secretary considers that recreational vessel safety will not be adversely affected, the Secretary may issue an exemption from this chapter or a regulation prescribed under this chapter.
(b) Equivalents.—
The Secretary may accept a substitution for associated equipment performance or other safety standards for a recreational vessel if the substitution provides an equivalent level of safety.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 531; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8318(a), Jan. 1, 2021, 134 Stat. 4700.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
4305
46:1458
Section 4305 permits the Secretary to grant appropriate exemptions from the requirements of this chapter when recreational vessel safety will not be adversely affected.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “Exemptions and equivalents” for “Exemptions” in section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).
46 U.S.C. § 7303 (SHIPPING)
§ 7303. Possession and description of merchant mariners’ documents
A merchant mariner’s document shall be retained by the individual to whom issued. The document shall contain the signature, notations of nationality, age, and physical description, the photograph, and the home address of the individual. In addition, the document shall specify the rate or ratings in which the individual is qualified to serve.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 107–295, title IV, § 421, Nov. 25, 2002, 116 Stat. 2125; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(3), Jan. 1, 2021, 134 Stat. 4751.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
7303
46:643(a)
Section 7303 requires seamen to retain their merchant mariner’s documents. It also specifies the information that is to be contained in the document.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “individual” for “seaman” wherever appearing.
2002—Pub. L. 107–295 struck out “the thumbprint,” after “photograph,”.
46 U.S.C. § 7319 (SHIPPING)
§ 7319. Records of merchant mariners’ documents
The Secretary shall maintain records on each merchant mariner’s document issued, including the name and address of the individual to whom issued and the next of kin of the individual.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 108–293, title IV, § 403, Aug. 9, 2004, 118 Stat. 1043; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(4), Jan. 1, 2021, 134 Stat. 4751.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
7319
46:643(f)
Section 7319 requires the Secretary to maintain records on each merchant mariner’s document issued and the seaman’s next of kin. However, these records are not open for general or public inspection.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “individual” for “seaman” in two places.
2004—Pub. L. 108–293 struck out at end “The records are not open to general or public inspection.”
46 U.S.C. § 7501 (SHIPPING)
§ 7501. Duplicates
(a) If a license, certificate of registry, or merchant mariner’s document issued under this part is lost as a result of a marine casualty, the holder shall be supplied with a duplicate without cost.
(b) For any other loss, the holder may obtain a duplicate on payment of reasonable costs prescribed by regulation by the Secretary.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 99–36, § 1(a)(9)(C), May 15, 1985, 99 Stat. 68; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(5), Jan. 1, 2021, 134 Stat. 4751.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
7501
46:643(h)
Section 7501(a) provides that if a license, certificate or document issued to an individual is lost due to a marine casualty, the individual will be supplied with a duplicate without cost.
Subsection (b) provides that if a license, certificate or document is lost for any reason other than a marine casualty, the seaman must pay a reasonable cost for the replacement.
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (b). Pub. L. 116–283 substituted “holder” for “seaman”.
1985—Subsec. (a). Pub. L. 99–36 substituted “certificate of registry, or merchant mariner’s document” for “certificate, or document”.
46 U.S.C. § 7504 (SHIPPING)
§ 7504. Travel and expense reimbursement
When a requirement to qualify for the issuance of, or endorsement on, a certificate, license, or document under this part is administered at a place at the request of an applicant or an applicant’s representative, the applicant or representative may reimburse the Secretary for the travel and subsistence expenses incurred by the personnel assigned to perform the administration of the requirement. Amounts received as reimbursement under this section shall be credited to the appropriation for operations and support of the Coast Guard.
(Added Pub. L. 99–640, § 10(b)(2)(A), Nov. 10, 1986, 100 Stat. 3549; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8513(b), Jan. 1, 2021, 134 Stat. 4761.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “operations and support” for “operating expenses”.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
46 U.S.C. § 7508 (SHIPPING)
§ 7508. Authority to extend the duration of medical certificates
(a) Granting of Extensions.—
Notwithstanding any other provision of law, the Secretary may extend for not more than one year a medical certificate issued to an individual holding a license, merchant mariner’s document, or certificate of registry issued under chapter 71 or 73 if the Secretary determines that the extension is required to enable the Coast Guard to eliminate a backlog in processing applications for medical certificates or is in response to a national emergency or natural disaster.
(b) Manner of Extension.—
An extension under this section may be granted to an individual or a specifically identified group of individuals.
(Added Pub. L. 112–213, title III, § 306(a), Dec. 20, 2012, 126 Stat. 1565; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(6), Jan. 1, 2021, 134 Stat. 4751.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (b). Pub. L. 116–283 substituted “an individual or a specifically identified group of individuals” for “individual seamen or a specifically identified group of seamen”.
46 U.S.C. § 8303 (SHIPPING)
[§ 8303. Repealed. Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8503(a)(1), Jan. 1, 2021, 134 Stat. 4747]
text: Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 552, related to individuals issued a license without examination before Oct. 29, 1941.
46 U.S.C. § 8905 (SHIPPING)
§ 8905. Exemptions
(a) Section 8903 of this title applies to a recreational vessel operated in dealer demonstrations only if the Secretary decides that the application of section 8903 is necessary for recreational vessel safety under section 4302(d) of this title.
(b) Section 8904 of this title does not apply to an oil spill response vessel while engaged in oil spill response or training activities.
(c) After consultation with the Governor of Alaska and the State boating law administrator of Alaska, the Secretary may exempt an individual operating a self-propelled uninspected passenger vessel from the requirements of section 8903 of this title, if—
(1) the individual only operates such vessel wholly within waters located in Alaska; and
(2) such vessel is—
(A) 26 feet or less in length; and
(B) carrying not more than 6 passengers.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104–324, title VII, § 734, title XI, § 1104(f), Oct. 19, 1996, 110 Stat. 3941, 3967; Pub. L. 111–281, title VI, § 606, Oct. 15, 2010, 124 Stat. 2967; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8317, Jan. 1, 2021, 134 Stat. 4700.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8905(a)
46:1461(f)
8905(b)
46:405(b)(3)
Section 8905 provides for certain exemptions from the requirements of this chapter.
Subsection (a) exempts dealer demonstration recreational vessels from the licensed operator requirement in section 8903 unless the Secretary decides that safety considerations require the application of that section.
Subsection (b) exempts an offshore supply vessel of less than 200 gross tons from the licensed operator requirement under section 8904 when used in the offshore mineral and oil industry.
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (c). Pub. L. 116–283 added subsec. (c).
2010—Subsecs. (b), (c). Pub. L. 111–281 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Section 8904 of this title does not apply to a vessel of less than 200 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 engaged in the offshore mineral and oil industry if the vessel has offshore mineral and oil industry sites or equipment as its ultimate destination or place of departure.”
1996—Subsec. (b). Pub. L. 104–324, § 734, 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 “200 gross tons”.
Subsec. (c). Pub. L. 104–324, § 1104(f), added subsec. (c).
46 U.S.C. § 9102 (SHIPPING)
§ 9102. Standards for tank vessels of the United States
The Secretary shall prescribe standards for the manning of each vessel of the United States to which chapter 37 of this title applies, related to the duties, qualifications, and training of the officers and crew of the vessel, including standards related to—
(1) instruction in vessel and cargo handling and vessel navigation under normal operating conditions in coastal and confined waters and on the high seas;
(2) instruction in vessel and cargo handling and vessel navigation in emergency situations and under marine casualty or potential casualty conditions;
(3) qualifications for licenses by specific type and size of vessels;
(4) qualifications for licenses by use of simulators for the practice or demonstration of marine-oriented skills;
(5) minimum health and physical fitness criteria for various grades of licenses and certificates;
(6) periodic retraining and special training for upgrading positions, changing vessel type or size, or assuming new responsibilities;
(7) decisions about licenses and certificates, conditions of licensing or certification, and periods of licensing or certification by reference to experience, amount of training completed, and regular performance testing; and
(8) instruction in vessel maintenance functions.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101–380, title IV, § 4114(d), Aug. 18, 1990, 104 Stat. 517; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8503(b), Jan. 1, 2021, 134 Stat. 4747.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
9102
46:391a(9)
Section 9102 prescribes manning standards for United States tank vessels.
Subsection (a) requires the Secretary of Transportation to prescribe certain standards for the duties, qualifications, and training of the officers and crew of United States tank vessels.
Subsection (b) provides for a waiver of any health and physical fitness criteria prescribed under subsection (a).
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 struck out subsec. (a) designation before “The Secretary shall” and struck out subsec. (b) which read as follows: “The Secretary shall waive the application of criteria required by subsection (a)(5) of this section for an individual having a license or certificate (including a renewal of the license or certificate) in effect on October 17, 1978. When the waiver is granted, the Secretary may prescribe conditions for the license or certificate and its renewal, as the Secretary decides are reasonable and necessary for the safety of a vessel on which the individual may be employed.”
1990—Par. (8). Pub. L. 101–380 added par. (8).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
46 U.S.C. § 11201 (SHIPPING)
§ 11201. Eligibility for veterans’ burial and cemetery benefits
(a) Eligibility.—
(1) In general.—
The qualified service of an individual referred to in paragraph (2) shall be considered to be active duty in the Armed Forces during a period of war for purposes of eligibility for benefits under the following provisions of title 38:
(A) Chapter 23 (relating to burial benefits).
(B) Chapter 24 (relating to interment in national cemeteries).
(2) Covered individuals.—
Paragraph (1) applies to an individual who—
(A) receives an honorable service certificate under section 11203 of this title; and
(B) is not eligible under any other provision of law for benefits under laws administered by the Secretary of Veterans Affairs.
(b) Reimbursement for Benefits Provided.—
The Secretary shall reimburse the Secretary of Veterans Affairs for the value of benefits that the Secretary of Veterans Affairs provides for an individual by reason of eligibility under this section.
(c) Applicability.—
(1) General rule.—
Benefits may be provided under the provisions of law referred to in subsection (a)(1) by reason of this chapter only for deaths occurring after the date of the enactment of this chapter.
(2) Burials, etc. in national cemeteries.—
Notwithstanding paragraph (1), in the case of an initial burial or columbarium placement after the date of the enactment of this chapter, benefits may be provided under chapter 24 of title 38 by reason of this chapter (regardless of the date of death), and in such a case benefits may be provided under section 2306 of such title.
(Added Pub. L. 105–368, title IV, § 402(a), Nov. 11, 1998, 112 Stat. 3336; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(11), Jan. 1, 2021, 134 Stat. 4751.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of this chapter, referred to in subsec. (c), is the date of enactment of Pub. L. 105–368, which was approved Nov. 11, 1998.
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “an individual” for “a person” wherever appearing.
46 U.S.C. § 11202 (SHIPPING)
§ 11202. Qualified service
For purposes of this chapter, an individual shall be considered to have engaged in qualified service if, between August 16, 1945, and December 31, 1946, the individual—
(1) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was—
(A) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office);
(B) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States;
(C) under contract or charter to, or property of, the Government of the United States; and
(D) serving the Armed Forces; and
(2) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the individual for such service.
(Added Pub. L. 105–368, title IV, § 402(a), Nov. 11, 1998, 112 Stat. 3336; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(12), Jan. 1, 2021, 134 Stat. 4752.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “an individual” for “a person” in introductory provisions, and “the individual” for “the person” in introductory provisions and in par. (2).
46 U.S.C. § 11203 (SHIPPING)
§ 11203. Documentation of qualified service
(a) Record of Service.—
The Secretary, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Secretary of Defense, shall, upon application—
(1) issue a certificate of honorable service to an individual who, as determined by that Secretary, engaged in qualified service of a nature and duration that warrants issuance of the certificate; and
(2) correct, or request the appropriate official of the Federal Government to correct, the service records of that individual to the extent necessary to reflect the qualified service and the issuance of the certificate of honorable service.
(b) Timing of Documentation.—
A Secretary receiving an application under subsection (a) shall act on the application not later than 1 year after the date of that receipt.
(c) Standards Relating to Service.—
In making a determination under subsection (a)(1), the Secretary acting on the application shall apply the same standards relating to the nature and duration of service that apply to the issuance of honorable discharges under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note).
(d) Correction of Records.—
An official who is requested under subsection (a)(2) to correct the service records of an individual shall make such correction.
(Added Pub. L. 105–368, title IV, § 402(a), Nov. 11, 1998, 112 Stat. 3337; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(13), Jan. 1, 2021, 134 Stat. 4752.)
heading: Editorial Notes
heading: References in Text
text: Section 401(a)(1)(B) of the GI Bill Improvement Act of 1977, referred to in subsec. (c), is section 401(a)(1)(B) of Pub. L. 95–202, which is set out as a note under section 106 of Title 38, Veterans’ Benefits.
heading: Amendments
text: 2021—Subsecs. (a)(1), and (d). Pub. L. 116–283, § 8505(b)(13)(A), substituted “an individual” for “a person”.
Subsec. (a)(2). Pub. L. 116–283, § 8505(b)(13)(B), substituted “that individual” for “that person”.