dreamproit/uscode huggingface dataset:
46 U.S.C. § 40902 (SHIPPING)
§ 40902. Financial responsibility
(a) In General.—
A person may not advertise, hold oneself out, or act as an ocean transportation intermediary unless the person furnishes a bond, proof of insurance, or other surety—
(1) in a form and amount determined by the Federal Maritime Commission to insure financial responsibility; and
(2) issued by a surety company found acceptable by the Secretary of the Treasury.
(b) Scope of Financial Responsibility.—
A bond, insurance, or other surety obtained under this section—
(1) shall be available to pay any penalty assessed under section 41109 of this title or any order for reparation issued under section 41305 of this title;
(2) may be available to pay any claim against an ocean transportation intermediary arising from its transportation-related activities—
(A) with the consent of the insured ocean transportation intermediary and subject to review by the surety company; or
(B) when the claim is deemed valid by the surety company after the ocean transportation intermediary has failed to respond to adequate notice to address the validity of the claim; and
(3) shall be available to pay any judgment for damages against an ocean transportation intermediary arising from its transportation-related activities, if the claimant has first attempted to resolve the claim under paragraph (2) and the claim has not been resolved within a reasonable period of time.
(c) Regulations on Court Judgments.—
The Commission shall prescribe regulations for the purpose of protecting the interests of claimants, ocean transportation intermediaries, and surety companies with respect to the process of pursuing claims against ocean transportation intermediary bonds, insurance, or sureties through court judgments. The regulations shall provide that a judgment for monetary damages may not be enforced except to the extent that the damages claimed arise from the transportation-related activities of the insured ocean transportation intermediary, as defined by the Commission.
(d) Resident Agent.—
An ocean transportation intermediary not domiciled in the United States shall designate a resident agent in the United States for receipt of service of judicial and administrative process, including subpoenas.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1538; Pub. L. 115–282, title VII, § 707(c), Dec. 4, 2018, 132 Stat. 4295.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40902
46 App.:1718(b).
Pub. L. 98–237, § 19(b), Mar. 20, 1984; added Pub. L. 105–258, title I, § 116(4), Oct. 14, 1998, 112 Stat. 1913.
In subsection (b), in paragraphs (2) and (3), the words “described in section 1702(17) of this Appendix” are omitted as unnecessary.
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–282 inserted “advertise, hold oneself out, or” after “may not” in introductory provisions.
46 U.S.C. § 41105A (SHIPPING)
§ 41105A. Authority
Nothing in section 41105, as amended by the Federal Maritime Commission Authorization Act of 2017, shall be construed to limit the authority of the Department of Justice regarding antitrust matters.
(Added Pub. L. 115–282, title VII, § 709(b)(1), Dec. 4, 2018, 132 Stat. 4296.)
heading: Editorial Notes
heading: References in Text
text: Section 41105, as amended by the Federal Maritime Commission Authorization Act of 2017, referred to in text, is section 41105 of this title as amended by title VII of Pub. L. 115–282.
46 U.S.C. § 41109 (SHIPPING)
§ 41109. Assessment of penalties
(a) General Authority.—
Until a matter is referred to the Attorney General, the Federal Maritime Commission may, after notice and opportunity for a hearing, assess a civil penalty provided for in this part. The Commission may compromise, modify, or remit, with or without conditions, a civil penalty.
(b) Factors in Determining Amount.—
In determining the amount of a civil penalty, the Commission shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability, history of prior offenses, ability to pay, and other matters justice may require.
(c) Exception.—
A civil penalty may not be imposed for conspiracy to violate section 41102(a) or 41104(1) or (2) 1 of this title or to defraud the Commission by concealing such a violation.
(d) Prohibited Basis of Penalty.—
The Commission or a court may not order a person to pay the difference between the amount billed and agreed upon in writing with a common carrier or its agent and the amount set forth in a tariff or service contract by that common carrier for the transportation service provided.
(e) Time Limit.—
A proceeding to assess a civil penalty under this section must be commenced within 5 years after the date of the violation.
(f) Review of Civil Penalty.—
A person against whom a civil penalty is assessed under this section may obtain review under chapter 158 of title 28.
(g) Civil Actions To Collect.—
If a person does not pay an assessment of a civil penalty after it has become final or after the appropriate court has entered final judgment in favor of the Commission, the Attorney General at the request of the Commission may seek to collect the amount assessed in an appropriate district court of the United States. The court shall enforce the order of the Commission unless it finds that the order was not regularly made and duly issued.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1544.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41109(a)
46 App.:1712(c) (1st, last sentences).
Pub. L. 98–237, § 13(c)–(f), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, § 112(c), Oct. 14, 1998, 112 Stat. 1912.
41109(b)
46 App.:1712(c) (2d sentence).
41109(c)
46 App.:1712(f)(1) (1st sentence).
41109(d)
46 App.:1712(f)(1) (last sentence).
41109(e)
46 App.:1712(f)(2).
41109(f)
46 App.:1712(d).
41109(g)
46 App.:1712(e).
heading: Editorial Notes
heading: References in Text
text: Pars. (1) and (2) of section 41104 of this title, referred to in subsec. (c), were redesignated as pars. (1) and (2), respectively, of section 41104(a) of this title by Pub. L. 115–282, title VII, § 708(a)(1), Dec. 4, 2018, 132 Stat. 4295.
46 U.S.C. § 41305 (SHIPPING)
§ 41305. Award of reparations
(a) Definition.—
In this section, the term “actual injury” includes the loss of interest at commercial rates compounded from the date of injury.
(b) Basic Amount.—
If the complaint was filed within the period specified in section 41301(a) of this title, the Federal Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part.
(c) Additional Amounts.—
On a showing that the injury was caused by an activity prohibited by section 41102(b), 41104(3) or (6), or 41105(1) or (3) of this title, the Commission may order the payment of additional amounts, but the total recovery of a complainant may not exceed twice the amount of the actual injury.
(d) Difference Between Rates.—
If the injury was caused by an activity prohibited by section 41104(4)(A) or (B) of this title, the amount of the injury shall be the difference between the rate paid by the injured shipper and the most favorable rate paid by another shipper.
(e) Attorney Fees.—
In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546; Pub. L. 113–281, title IV, § 402, Dec. 18, 2014, 128 Stat. 3056.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41305
46 App.:1710(g) (less time limit).
Pub. L. 98–237, § 11(g) (less time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, § 3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, § 110, Oct. 14, 1998, 112 Stat. 1911.
In subsection (b), the words “within the period specified in section 41301(a) of this title” are substituted for “within 3 years after the cause of action accrued” because the time limit is restated in section 41301(a) instead of in this section. The words “upon petition of the complainant” are omitted as unnecessary. The words “after notice and hearing” are omitted as unnecessary because of section 41304(a) of the revised title.
heading: Editorial Notes
heading: Amendments
text: 2014—Subsec. (b). Pub. L. 113–281, § 402(1), struck out “, plus reasonable attorney fees” before period at end.
Subsec. (e). Pub. L. 113–281, § 402(2), added subsec. (e).
46 U.S.C. § 50101 (SHIPPING)
§ 50101. Objectives and policy
(a) Objectives.—
It is necessary for the national defense and the development of the domestic and foreign commerce of the United States that the United States have a merchant marine—
(1) sufficient to carry the waterborne domestic commerce and a substantial part of the waterborne export and import foreign commerce of the United States and to provide shipping service essential for maintaining the flow of the waterborne domestic and foreign commerce at all times;
(2) capable of serving as a naval and military auxiliary in time of war or national emergency;
(3) owned and operated as vessels of the United States by citizens of the United States;
(4) composed of the best-equipped, safest, and most suitable types of vessels constructed in the United States and manned with a trained and efficient citizen personnel; and
(5) supplemented by efficient facilities for building and repairing vessels.
(b) Policy.—
It is the policy of the United States to encourage and aid the development and maintenance of a merchant marine satisfying the objectives described in subsection (a).
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1556; Pub. L. 111–84, div. C, title XXXV, § 3511, Oct. 28, 2009, 123 Stat. 2722.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50101
46 App.:861.
June 5, 1920, ch. 250, § 1, 41 Stat. 988; Exec. Order No. 6166, June 10, 1933, § 12; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Pub. L. 97–31, § 12(33), Aug. 6, 1981, 95 Stat. 156.
46 App.:891.
May 22, 1928, ch. 675, § 1, 45 Stat. 689.
46 App.:1101.
June 29, 1936, ch. 858, title I, § 101, 49 Stat. 1985; Pub. L. 91–469, § 1, Oct. 21, 1970, 84 Stat. 1018.
This section consolidates the source provisions to eliminate repetition.
heading: Editorial Notes
heading: Amendments
text: 2009—Subsec. (a)(4). Pub. L. 111–84 inserted “constructed in the United States” after “vessels”.
46 U.S.C. § 50303 (SHIPPING)
§ 50303. Operating property and extending term of notes
(a) General Authority.—
The Secretary of Transportation may—
(1) operate or lease docks, wharves, piers, vessels, or real property under the Secretary’s control, except that the prior consent of the Secretary of Defense for such use shall be required with respect to any vessel in the Ready Reserve Force or in the National Defense Reserve Fleet which is maintained in a retention status for the Department of Defense; and
(2) make extensions and accept renewals of—
(A) promissory notes and other evidences of indebtedness on property; and
(B) mortgages and other contracts securing the property.
(b) Terms of Transactions.—
A transaction under subsection (a) shall be on terms the Secretary considers necessary to carry out the purposes of this subtitle, but consistent with sound business practice.
(c) Availability of Amounts.—
Amounts received by the Secretary from a transaction under this section are available for expenditure by the Secretary as provided in this subtitle.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1564; Pub. L. 110–181, div. C, title XXXV, § 3512, Jan. 28, 2008, 122 Stat. 594.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50303
46 App.:1112.
June 29, 1936, ch. 858, title II, § 202, 49 Stat. 1986; Aug. 26, 1937, ch. 822, § 1, 50 Stat. 839; June 23, 1938, ch. 600, § 1, 52 Stat. 953; Pub. L. 97–31, § 12(60), Aug. 6, 1981, 95 Stat. 158.
In subsection (a), the words “Notwithstanding any other provision of law” are omitted as unnecessary. In paragraph (1), the word “lands” is omitted as included in “real property”. In paragraph (2)(A), the word “promissory” is added for clarity. The words “hereby transferred”, referring to the transfer under the first sentence of section 202 of the Merchant Marine Act, 1936 (repealed by section 12(60)(A) of Public Law 97–31), are omitted as obsolete.
Subsection (b) is substituted for “in accordance with good business methods and on such terms and conditions as he determines to effectuate the policy of this chapter” and “upon such terms and conditions as he may prescribe in accordance with sound business practice” for consistency and to eliminate unnecessary words.
heading: Editorial Notes
heading: Amendments
text: 2008—Subsec. (a)(1). Pub. L. 110–181 inserted “vessels,” after “piers,” and substituted “control, except that the prior consent of the Secretary of Defense for such use shall be required with respect to any vessel in the Ready Reserve Force or in the National Defense Reserve Fleet which is maintained in a retention status for the Department of Defense;” for “control;”.
46 U.S.C. § 51303 (SHIPPING)
§ 51303. Non-competitive appointments
(a) In General.—
The Secretary of Transportation may appoint each year without competition as cadets at the United States Merchant Marine Academy not more than 50 qualified individuals with qualities the Secretary considers to be of special value to the Academy. In making these appointments, the Secretary shall try to achieve a national demographic balance at the Academy.
(b) Appointment of Candidates Selected for Preparatory School Sponsorship.—
The Secretary of Transportation may appoint each year as cadets at the United States Merchant Marine Academy not more than 40 qualified individuals sponsored by the Academy to attend preparatory school during the academic year prior to entrance in the Academy, and who have successfully met the terms and conditions of sponsorship set by the Academy.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1572; Pub. L. 114–328, div. C, title XXXV, § 3516(a), Dec. 23, 2016, 130 Stat. 2789; Pub. L. 116–92, div. C, title XXXV, § 3504, Dec. 20, 2019, 133 Stat. 1970.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51303
46 App.:1295b(b) (3)(D).
June 29, 1936, ch. 858, title XIII, § 1303(b)(3)(D), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1999.
heading: Editorial Notes
heading: Amendments
text: 2019—Pub. L. 116–92 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
2016—Pub. L. 114–328 substituted “50” for “40”.
46 U.S.C. § 51309 (SHIPPING)
§ 51309. Academic degree
(a) Bachelor’s Degree.—
(1) In general.—
The Superintendent of the United States Merchant Marine Academy may confer the degree of bachelor of science on an individual who—
(A) has met the conditions prescribed by the Secretary of Transportation; and
(B) if a citizen of the United States, has passed the examination for a merchant marine officer’s license.
(2) Effect of physical disqualification.—
An individual not allowed to take the examination for a merchant marine officer’s license only because of physical disqualification may not be denied a degree for not taking the examination.
(b) Master’s Degree.—
The Superintendent of the Academy may confer a master’s degree on an individual who has met the conditions prescribed by the Secretary. A master’s degree program may be funded through non-appropriated funds. To maintain the appropriate academic standards, the program shall be accredited by the appropriate accreditation body. Nonappropriated funds received for this purpose shall be credited to the Maritime Administration’s Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purpose of such receipts. The Superintendent shall maintain a separate and detailed accounting of nonappropriated fund receipts and all associated expenses. The Secretary may prescribe regulations necessary to administer such a program.
(c) Graduation Not Entitlement To Hold License.—
Graduation from the Academy does not entitle an individual to hold a license authorizing service on a merchant vessel.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1574; Pub. L. 111–84, div. C, title XXXV, § 3514, Oct. 28, 2009, 123 Stat. 2724.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51309(a)
46 App.:1295b(g)(1).
June 29, 1936, ch. 858, title XIII, § 1303(g), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2002; restated Pub. L. 108–136, title XXXV, § 3515(c), Nov. 24, 2003, 117 Stat. 1794.
51309(b)
46 App.:1295b(g)(2).
51309(c)
46 App.:1295b(b)(8).
June 29, 1936, ch. 858, title XIII, § 1303(b)(8), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1997; Pub. L. 99–368, § 5, Aug. 1, 1986, 100 Stat. 776.
heading: Editorial Notes
heading: Amendments
text: 2009—Subsec. (b). Pub. L. 111–84 inserted before last sentence “Nonappropriated funds received for this purpose shall be credited to the Maritime Administration’s Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purpose of such receipts. The Superintendent shall maintain a separate and detailed accounting of nonappropriated fund receipts and all associated expenses.”
46 U.S.C. § 51311 (SHIPPING)
§ 51311. Midshipman status in the Navy Reserve
(a) Application Requirement.—
Before being appointed as a cadet at the United States Merchant Marine Academy, a citizen of the United States must agree to apply for midshipman status in the Navy Reserve (including the Merchant Marine Reserve, Navy Reserve).
(b) Appointment.—
(1) In general.—
A citizen of the United States appointed as a cadet at the Academy shall be appointed by the Secretary of the Navy as a midshipman in the Navy Reserve (including the Merchant Marine Reserve, Navy Reserve).
(2) Rights and privileges.—
The Secretary of the Navy shall provide for cadets of the Academy who are midshipmen in the United States Navy Reserve to be—
(A) issued an identification card (referred to as a “military ID card”); and
(B) entitled to all rights and privileges in accordance with the same eligibility criteria as apply to other members of the Ready Reserve of the reserve components of the armed forces.
(3) Coordination.—
The Secretary of the Navy shall carry out paragraphs (1) and (2) in coordination with the Secretary of Transportation.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1575; 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)
51311(a)
46 App.:1295b(b) (3)(F).
June 29, 1936, ch. 858, title XIII, § 1303(b)(3)(F), (c), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1999, 2000; Pub. L. 105–261, div. A, title V, § 568, Oct. 17, 1998, 112 Stat. 2031; Pub. L. 106–65, div. A, title X, § 1066(b)(5), Oct. 5, 1999, 113 Stat. 772.
51311(b)
46 App.:1295b(c).
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.
Subsecs. (a), (b)(1), (2). 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 1295b 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 subsecs. (a), (b)(1), (2) and Historical and Revision notes above.
46 U.S.C. § 51313 (SHIPPING)
§ 51313. Advisory Board
(a) In General.—
An Advisory Board to the United States Merchant Marine Academy shall be established to visit the Academy at least once during each academic year, for the purpose of examining the course of instruction and management of the Academy and advising the Maritime Administrator and the Superintendent of the Academy.
(b) Appointment and Terms.—
The Board shall be composed of not more than 7 individuals appointed by the Secretary of Transportation. The individuals must be distinguished in education and other fields related to the Academy. Members of the Board shall be appointed for terms of not more than 3 years and may be reappointed. The Secretary shall designate one of the members as chairman.
(c) Travel Expenses.—
When serving away from home or regular place of business, a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.
(d) Relationship to Other Law.—
The Federal Advisory Committee Act (5 App. U.S.C.) does not apply to the Board.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1576.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51313
46 App.:1295b(i).
June 29, 1936, ch. 858, title XIII, § 1303(i), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2002; Pub. L. 97–31, § 12(144)(C), Aug. 6, 1981, 95 Stat. 166.
heading: Editorial Notes
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (d), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.