dreamproit/uscode huggingface dataset:
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: Editorial Notes
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. § 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: Statutory Notes and Related Subsidiaries
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) $300,000,000 for each of fiscal years 2018, 2019, and 2020;
(2) $314,007,780 for fiscal year 2021;
(3) $318,000,000 for each of fiscal years 2022, 2023, 2024, and 2025;
(4) $348,000,000 for each of fiscal years 2026, 2027, and 2028;
(5) $378,000,000 for each of fiscal years 2029, 2030, and 2031; and
(6) $408,000,000 for each of fiscal years 2032, 2033, 2034, and 2035.
(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; Pub. L. 114–92, div. C, title XXXV, § 3504(b), Nov. 25, 2015, 129 Stat. 1219; Pub. L. 114–113, div. O, title I, § 101(e)(2), Dec. 18, 2015, 129 Stat. 2988; Pub. L. 115–232, div. C, title XXXV, § 3546(p), Aug. 13, 2018, 132 Stat. 2327; Pub. L. 116–92, div. C, title XXXV, § 3502(d), Dec. 20, 2019, 133 Stat. 1969.)
heading: Editorial Notes
heading: Amendments
text: 2019—Pars. (3) to (6). Pub. L. 116–92 substituted “$318,000,000 for each of fiscal years 2022, 2023, 2024, and 2025;” for “$222,000,000 for each fiscal year thereafter through fiscal year 2025.” in par. (3) and added pars. (4) to (6).
2018—Pub. L. 115–232 redesignated pars. (5) to (7) as (1) to (3), respectively, and struck out former pars. (1) to (4) which set out authorized amounts for fiscal years 2006 to 2017.
2015—Par. (3). Pub. L. 114–113, § 101(e)(2)(A), substituted “and 2015” for “2015, 2017, and 2018;”.
Pub. L. 114–92 struck out “2016,” after “2015,”.
Pars. (4) to (7). Pub. L. 114–113, § 101(e)(2)(B), (C), added pars. (4) to (6), redesignated former par. (5) as (7), and struck out former par. (4) which read as follows: “$210,000,000 for each of fiscal years 2019, 2020, and 2021; and”.
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. § 53203 (SHIPPING)
§ 53203. Award of operating agreements
(a) In General.—
The Secretary shall require, as a condition of including any vessel in the Cable Fleet, that the person that is the owner or operator of the vessel for purposes of section 53202(c) enter into an Operating Agreement with the Secretary under this section.
(b) Procedure for Applications.—
(1) Acceptance of applications.—
Beginning no later than 60 days after the effective date of this chapter, the Secretary shall accept applications for enrollment of vessels in the Cable Fleet.
(2) Action on applications.—
Within 120 days after receipt of an application for enrollment of a vessel in the Cable Fleet, the Secretary shall approve the application in conjunction with the Operating Agency, and shall enter into an Operating Agreement with the applicant, or provide in writing the reason for denial of that application.
(c) Priority for Awarding Agreements.—
Subject to the availability of appropriations, the Secretary shall enter into Operating Agreements with those vessels determined by the Operating Agency, in its sole discretion, to best meet the national security requirements of the United States. After consideration of national security requirements, priority shall be given to an applicant that is a United States citizen under section 50501 of this title.
(Added Pub. L. 116–92, div. C, title XXXV, § 3521(a), Dec. 20, 2019, 133 Stat. 1992.)
heading: Editorial Notes
heading: References in Text
text: The effective date of this chapter, referred to in subsec. (b)(1), probably means the date of enactment of Pub. L. 116–92, which enacted this chapter and was approved Dec. 20, 2019.
46 U.S.C. § 53503 (SHIPPING)
§ 53503. Establishing a capital construction fund
(a) In General.—
A citizen of the United States owning or leasing an eligible vessel may make an agreement with the Secretary under this chapter to establish a capital construction fund for the vessel.
(b) Allowable Purpose.—
The purpose of the agreement shall be to provide replacement vessels, additional vessels, or reconstructed vessels, built in the United States and documented under the laws of the United States, for operation in the United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade or in the fisheries of the United States.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1593; Pub. L. 110–140, title XI, § 1122(b), Dec. 19, 2007, 121 Stat. 1762.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
53503(a)
46 App.:1177(a) (1st sentence).
June 29, 1936, ch. 858, title VI, § 607(a) (1st sentence), (2d sentence related to purpose), 49 Stat. 2005; June 23, 1938, ch. 600, §§ 23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, § 10, 53 Stat. 1185; July 17, 1952, ch. 939, §§ 17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 216; Pub. L. 86–518, § 1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, § 6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, § 21(a), Oct. 21, 1970, 84 Stat. 1026; Pub. L. 97–31, § 12(97)(A), Aug. 6, 1981, 95 Stat. 162.
53503(b)
46 App.:1177(a) (2d sentence related to purpose).
heading: Editorial Notes
heading: Amendments
text: 2007—Subsec. (b). Pub. L. 110–140 substituted “noncontiguous domestic, or short sea transportation trade” for “or noncontiguous domestic trade”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2007 Amendment
text: Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
46 U.S.C. § 53705 (SHIPPING)
§ 53705. Pledge of United States Government
(a) Full Faith and Credit.—
The full faith and credit of the United States Government is pledged to the payment of a guarantee made under this chapter, for both principal and interest, including interest (as may be provided for in the guarantee) accruing between the date of default under a guaranteed obligation and the date of payment in full of the guarantee.
(b) Incontestability.—
A guarantee or commitment to guarantee made under this chapter is conclusive evidence of the eligibility of the obligation for the guarantee. The validity of a guarantee or commitment to guarantee made under this chapter is incontestable.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1606; Pub. L. 109–163, div. C, title XXXV, § 3507(a)(1)(C), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, § 3522(b), Jan. 28, 2008, 122 Stat. 598.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
53705(a)
46 App.:1273(d).
June 29, 1936, ch. 858, title XI, § 1103(d), (e) (1st sentence), as added June 23, 1938, ch. 600, § 46, 52 Stat. 969; Aug. 15, 1953, ch. 513, § 1, 67 Stat. 626; Sept. 3, 1954, ch. 1265, § 3, 68 Stat. 1268; June 25, 1956, ch. 438, 70 Stat. 332; Aug. 7, 1956, ch. 1026, § 1(a), (c), (d), 70 Stat. 1087; Pub. L. 91–469, § 30, Oct. 21, 1970, 84 Stat. 1035; restated Pub. L. 92–507, § 3, Oct. 19, 1972, 86 Stat. 910; Pub. L. 97–31, § 12(136), Aug. 6, 1981, 95 Stat. 166; Pub. L. 98–595, § 1(1), Oct. 30, 1984, 98 Stat. 3130.
53705(b)
46 App.:1273(e) (1st sentence).
heading: Editorial Notes
heading: Amendments
text: 2008—Pub. L. 110–181 repealed Pub. L. 109–163, § 3507(a)(1)(C). See 2006 Amendment note below.
2006—Pub. L. 109–163, § 3507(a)(1)(C), which directed the amendment of section 1273(e) of the former Appendix to this title from which this section was derived in part by striking “Secretary” each place it appears and inserting “Secretary or Administrator”, was repealed by Pub. L. 110–181. See Historical and Revision notes above.
46 U.S.C. § 53718 (SHIPPING)
§ 53718. Annual report to Congress
The Administrator shall report to Congress annually on the loan guarantee program under this chapter. Each report shall include—
(1) the size, in dollars, of the portfolio of loans guaranteed;
(2) the size, in dollars, of projects in the portfolio facing financial difficulties;
(3) the number and type of projects covered;
(4) a profile of pending loan applications;
(5) the amount of appropriations available for new guarantees;
(6) a profile of each project approved since the last report; and
(7) a profile of any defaults since the last report.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1617; Pub. L. 109–163, div. C, title XXXV, § 3507(c)(3), Jan. 6, 2006, 119 Stat. 3556; Pub. L. 110–181, div. C, title XXXV, § 3522(a)(9)(C), (b), Jan. 28, 2008, 122 Stat. 598.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
53718
46 App.:1280b.
Pub. L. 108–136, title XXXV, § 3527, Nov. 24, 2003, 117 Stat. 1802.
heading: Editorial Notes
heading: Amendments
text: 2008—Pub. L. 110–181, § 3522(b), repealed Pub. L. 109–163, § 3507(c)(3). See 2006 Amendment note below.
Pub. L. 110–181, § 3522(a)(9)(C), incorporated the substance of the amendment by Pub. L. 109–163, § 3507(c)(3), into this section by substituting “Administrator” for “Secretary of Transportation” in introductory provisions. 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, § 3507(c)(3), which directed the amendment of section 1280b of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, § 3522(b). See 2008 Amendment notes and Historical and Revision notes above.
46 U.S.C. § 53724 (SHIPPING)
§ 53724. Rights to secured property
(a) Acquisition of Security Rights.—
When the Secretary or Administrator makes a payment on, or assumes, an obligation under section 53721 or 53722 of this title, the Secretary or Administrator acquires the rights under the security agreement with the obligor in the security held by the Secretary or Administrator to guarantee the obligation.
(b) Use and Disposition of Secured Property.—
Notwithstanding any other law relating to the acquisition, handling, or disposal of property by the United States Government, the Secretary or Administrator has the right, in the Secretary’s or Administrator’s discretion, to complete, reconstruct, recondition, renovate, repair, maintain, operate, charter, or sell any property acquired under a security agreement with an obligor, or to place a vessel so acquired in the National Defense Reserve Fleet. The terms of a sale under this subsection shall be as approved by the Secretary or Administrator.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1619; Pub. L. 109–163, div. C, title XXXV, § 3507(a)(1)(F), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, § 3522(a)(10)(B), (11), (b), Jan. 28, 2008, 122 Stat. 598.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
53724
46 App.:1275(c).
June 29, 1936, ch. 858, title XI, § 1105(c), as added June 23, 1938, ch. 600, § 46, 52 Stat. 971; Aug. 15, 1953, ch. 513, § 3, 67 Stat. 626; Sept. 3, 1954, ch. 1265, § 5, 68 Stat. 1272; Aug. 7, 1956, ch. 1026, § 1(e)–(g), 70 Stat. 1087; Pub. L. 85–520, July 15, 1958, 72 Stat. 358; Pub. L. 91–469, § 33, Oct. 21, 1970, 84 Stat. 1035; restated Pub. L. 92–507, § 3, Oct. 19, 1972, 86 Stat. 914; Pub. L. 97–31, § 12(136), Aug. 6, 1981, 95 Stat. 166; Pub. L. 98–595, § 1(10), Oct. 30, 1984, 98 Stat. 3131.
heading: Editorial Notes
heading: Amendments
text: 2008—Pub. L. 110–181, § 3522(b), repealed Pub. L. 109–163, § 3507(a)(1)(F). See 2006 Amendment note below.
Pub. L. 110–181, § 3522(a)(10)(B), (11), incorporated the substance of the amendment by Pub. L. 109–163, § 3507(a)(1)(F), into this section by inserting “or Administrator” after “Secretary” wherever appearing and, in subsec. (b), “or Administrator’s” after “Secretary’s”. 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, § 3507(a)(1)(F), which directed the amendment of section 1275(c) of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, § 3522(b). See 2008 Amendment notes and Historical and Revision notes above.
46 U.S.C. § 53725 (SHIPPING)
§ 53725. Actions against obligor
(a) In General.—
For a default under a guaranteed obligation or related agreement, the Secretary or Administrator may take any action against the obligor or another liable party that the Secretary or Administrator considers necessary to protect the interests of the United States Government. A civil action may be brought in the name of the United States or the obligee. The obligee shall make available to the Government all records and evidence necessary to prosecute the action.
(b) Title, Possession, and Purchase.—
(1) In general.—
The Secretary or Administrator may—
(A) accept a conveyance of title to and possession of property from the obligor or another party liable to the Secretary or Administrator; and
(B) purchase the property for an amount not greater than the unpaid principal amount of the obligation and interest thereon.
(2) Payment of excess.—
If, through the sale of property, the Secretary or Administrator receives an amount of cash greater than the unpaid principal amount of the obligation, the unpaid interest on the obligation, and the expenses of collecting those amounts, the Secretary or Administrator shall pay the excess to the obligor.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1619; Pub. L. 109–163, div. C, title XXXV, § 3507(a)(1)(F), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, § 3522(a)(10)(B), (b), Jan. 28, 2008, 122 Stat. 598.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
53725
46 App.:1275(e).
June 29, 1936, ch. 858, title XI, § 1105(e), as added June 23, 1938, ch. 600, § 46, 52 Stat. 971; Aug. 15, 1953, ch. 513, § 3, 67 Stat. 626; Sept. 3, 1954, ch. 1265, § 5, 68 Stat. 1272; Aug. 7, 1956, ch. 1026, § 1(e)–(g), 70 Stat. 1087; Pub. L. 85–520, July 15, 1958, 72 Stat. 358; Pub. L. 91–469, § 33, Oct. 21, 1970, 84 Stat. 1035; restated Pub. L. 92–507, § 3, Oct. 19, 1972, 86 Stat. 915; Pub. L. 97–31, § 12(136), Aug. 6, 1981, 95 Stat. 166; Pub. L. 98–595, § 1(11), Oct. 30, 1984, 98 Stat. 3131.
In subsection (a), the words “may take any action” are substituted for “shall take such action . . . that, in his discretion, may be required” for clarity and to eliminate unnecessary words.
heading: Editorial Notes
heading: Amendments
text: 2008—Pub. L. 110–181, § 3522(b), repealed Pub. L. 109–163, § 3507(a)(1)(F). See 2006 Amendment note below.
Pub. L. 110–181, § 3522(a)(10)(B), incorporated the substance of the amendment by Pub. L. 109–163, § 3507(a)(1)(F), into this section by inserting “or Administrator” after “Secretary” wherever appearing. 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, § 3507(a)(1)(F), which directed the amendment of section 1275(e) of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, § 3522(b). See 2008 Amendment notes and Historical and Revision notes above.
46 U.S.C. § 54102 (SHIPPING)
§ 54102. Centers of excellence for domestic maritime workforce training and education
(a) Designation.—
The Secretary of Transportation may designate as a center of excellence for domestic maritime workforce training and education a covered training entity located in a State that borders on the—
(1) Gulf of Mexico;
(2) Atlantic Ocean;
(3) Long Island Sound;
(4) Pacific Ocean;
(5) Great Lakes;
(6) Mississippi River System;
(7) Arctic; or
(8) Gulf of Alaska.
(b) Assistance.—
The Secretary may enter into a cooperative agreement (as that term is used in section 6305 of title 31) with a center of excellence designated under subsection (a) to support maritime workforce training and education at the center of excellence, including efforts of the center of excellence to—
(1) admit additional students;
(2) recruit and train faculty;
(3) expand facilities;
(4) create new maritime career pathways; or
(5) award students credit for prior experience, including military service.
(c) Definitions.—
In this section,
(1) Covered training entity.—
the term “covered training entity” means an entity that is—
(A) a community or technical college; or
(B) a maritime training center—
(i) operated by, or under the supervision of, a State; and
(ii) with a maritime training program in operation on the date of enactment of this section.
(2) Arctic.—
The term “Arctic” has the meaning that term has under section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
(Added Pub. L. 115–91, div. C, title XXXV, § 3507(a), Dec. 12, 2017, 131 Stat. 1914.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this section, referred to in subsec. (c)(1)(B)(ii), is the date of enactment of Pub. L. 115–91, which was approved Dec. 12, 2017.
46 U.S.C. § 55122 (SHIPPING)
§ 55122. Floating dry docks
(a) In General.—
Section 55102 of this title does not apply to the movement of a floating dry dock if—
(1) the floating dry dock—
(A) is being used to launch or raise a vessel in connection with the construction, maintenance, or repair of that vessel;
(B) is owned and operated by—
(i) a shipyard located in the United States that is an eligible owner specified under section 12103(b) of this title; or
(ii) an affiliate of such a shipyard; and
(C) was owned or contracted for purchase by such shipyard or affiliate prior to the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015; and
(2) the movement occurs within 5 nautical miles of the shipyard or affiliate that owns and operates such floating dry dock.
(b) Dry Docks for Construction of Certain Naval Vessels.—
(1) In general.—
In applying subsection (a) to a floating dry dock used for the construction of naval vessels in a shipyard located in the United States, the ownership and operation requirement in paragraph (1)(B) of that subsection shall be treated as satisfied and “December 19, 2017” shall be substituted for the date referred to in paragraph (1)(C) of that subsection if the Secretary of the Navy determines that—
(A) such dry dock is necessary for the timely completion of such construction; and
(B) such dry dock—
(i) is owned and operated by—
(I) a shipyard located in the United States that is an eligible owner specified under section 12103(b); or
(II) an affiliate of such a shipyard; or
(ii) is—
(I) owned by the State in which the shipyard is located or a political subdivision of that State; and
(II) operated by a shipyard located in the United States that is an eligible owner specified under section 12103(b).
(2) Notice to congress.—
Not later than 30 days after making a determination under paragraph (1), the Secretary of the Navy shall notify the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate of such determination.
(c) Definition.—
In this section, the term “floating dry dock” means equipment with wing walls and a fully submersible deck.
(Added Pub. L. 113–291, div. C, title XXXV, § 3502(a), Dec. 19, 2014, 128 Stat. 3904; amended Pub. L. 114–328, div. C, title XXXV, § 3508, Dec. 23, 2016, 130 Stat. 2780.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, referred to in subsec. (a)(1)(C), is the date of enactment of Pub. L. 113–291, which was approved Dec. 19, 2014.
heading: Amendments
text: 2016—Subsecs. (b), (c). Pub. L. 114–328 added subsec. (b) and redesignated former subsec. (b) as (c).