dreamproit/uscode huggingface dataset:
46 U.S.C. § 12108 (SHIPPING)
§ 12108. Authority to extend duration of vessel certificates
(a) Certificates.—
Provided a vessel is in compliance with inspection requirements in section 3313, the Secretary of the department in which in the Coast Guard is operating may, if the Secretary makes the determination described in subsection (b), extend, for a period of not more than 1 year, an expiring certificate of documentation issued for a vessel under chapter 121.
(b) Determination.—
The determination referred to in subsection (a) is a determination that such extension is required to enable the Coast Guard to—
(1) eliminate a backlog in processing applications for such certificates; or
(2) act in response to a national emergency or natural disaster.
(c) Manner of Extension.—
Any extension granted under this section may be granted to individual vessels or to a specifically identified group of vessels.
(Added Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8320(a), Jan. 1, 2021, 134 Stat. 4701.)
46 U.S.C. § 42501 (SHIPPING)
§ 42501. Definitions
In this chapter:
(1) Commission.—
The term “Commission” means the Federal Maritime Commission.
(2) Committee.—
The term “Committee” means the National Shipper Advisory Committee established under section 42502.
(Added Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], § 8604(a), Jan. 1, 2021, 134 Stat. 4762.)
46 U.S.C. § 42502 (SHIPPING)
§ 42502. National Shipper Advisory Committee
(a) Establishment.—
There is established a National Shipper Advisory Committee.
(b) Function.—
The Committee shall advise the Federal Maritime Commission on policies relating to the competitiveness, reliability, integrity, and fairness of the international ocean freight delivery system.
(c) Membership.—
(1) In general.—
The Committee shall consist of 24 members appointed by the Commission in accordance with this section.
(2) Expertise.—
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
(3) Representation.—
REPRESENTATION.—Members of the Committee shall be appointed as follows: —
(A) Twelve members shall represent entities who import cargo to the United States using ocean common carriers.
(B) Twelve members shall represent entities who export cargo from the United States using ocean common carriers.
(Added Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], § 8604(a), Jan. 1, 2021, 134 Stat. 4762.)
46 U.S.C. § 46102 (SHIPPING)
§ 46102. Quorum
A vacancy or vacancies in the membership of the Federal Maritime Commission do not impair the power of the Commission to execute its functions. The affirmative vote of a majority of the Commissioners serving on the Commission is required to dispose of any matter before the Commission.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489, § 302; renumbered § 46102, Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], § 8605(a)(3), Jan. 1, 2021, 134 Stat. 4765.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
302
46 App.:1111 note.
Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, § 102(d), 75 Stat. 840; Pub. L. 105–258, title II, § 202, Oct. 14, 1998, 112 Stat. 1915.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 302 of this title as this section.
46 U.S.C. § 46104 (SHIPPING)
§ 46104. Delegation of authority
(a) Delegation.—
The Federal Maritime Commission, by published order or regulation, may delegate to a division of the Commission, an individual Commissioner, an employee board, or an officer or employee of the Commission, any of its duties or powers, including those relating to hearing, determining, ordering, certifying, reporting, or otherwise acting on any matter. This subsection does not affect section 556(b) of title 5.
(b) Review.—
The Commission may review any action taken under a delegation of authority under subsection (a). The review may be taken on the Commission’s own initiative or on the petition of a party to or an intervenor in the action, within the time and in the manner prescribed by the Commission. The vote of a majority of the Commission, less one member, is sufficient to bring an action before the Commission for review.
(c) Deemed Action of Commission.—
If the Commission declines review, or if review is not sought, within the time prescribed under subsection (b), the action taken under the delegation of authority is deemed to be the action of the Commission.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489, § 304; renumbered § 46104, Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], § 8605(a)(3), Jan. 1, 2021, 134 Stat. 4765.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
304
46 App.:1111 note.
Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, § 105(a)–(c), 75 Stat. 841.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 304 of this title as this section.
46 U.S.C. § 46106 (SHIPPING)
§ 46106. Annual report
(a) In General.—
Not later than April 1 of each year, the Federal Maritime Commission shall submit a report to Congress. The report shall include the results of its investigations, a summary of its transactions, the purposes for which all of its expenditures were made, and any recommendations for legislation.
(b) Report on Foreign Laws and Practices.—
The Commission shall include in its annual report to Congress—
(1) a list of the 20 foreign countries that generated the largest volume of oceanborne liner cargo for the most recent calendar year in bilateral trade with the United States;
(2) an analysis of conditions described in section 42302(a) of this title being investigated or found to exist in foreign countries;
(3) any actions being taken by the Commission to offset those conditions;
(4) any recommendations for additional legislation to offset those conditions;
(5) a list of petitions filed under section 42302(b) of this title that the Commission rejected and the reasons for each rejection; and
(6) an analysis of the impacts on competition for the purchase of certain covered services by alliances of ocean common carriers acting pursuant to an agreement under this part 1 between or among ocean common carriers, including a summary of actions, including corrective actions, taken by the Commission to promote such competition.
(c) Definition of Certain Covered Services.—
In this section, the term “certain covered services” has the meaning given the term in section 40102.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489, § 306; Pub. L. 115–282, title VII, § 703, Dec. 4, 2018, 132 Stat. 4294; renumbered § 46106, Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], § 8605(a)(3), Jan. 1, 2021, 134 Stat. 4765.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
306(a)
46 App.:1118 (related to Commission).
June 29, 1936, ch. 858, title II, § 208 (related to Commission), 49 Stat. 1988; Pub. L. 94–273, § 36, Apr. 21, 1976, 90 Stat. 380; Pub. L. 97–31, § 12(65), Aug. 6, 1981, 95 Stat. 159.
306(b)
46 App.:1710a(g).
Pub. L. 100–418, title X, § 10002(g), Aug. 23, 1988, 102 Stat. 1572.
In subsection (a), the words “a statement of all receipts under this chapter” are omitted as inapplicable to the Commission.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 306 of this title as this section.
2018—Subsec. (b)(6). Pub. L. 115–282, § 703(1), added par. (6).
Subsec. (c). Pub. L. 115–282, § 703(2), added subsec. (c).
46 U.S.C. § 46107 (SHIPPING)
§ 46107. Expenditures
(a) In General.—
The Federal Maritime Commission may make such expenditures as are necessary in the performance of its functions from funds appropriated or otherwise made available to it, which appropriations are authorized.
(b) Prohibition.—
Notwithstanding subsection (a), the Federal Maritime Commission may not expend any funds appropriated or otherwise made available to it to a non-Federal entity to issue an award, prize, commendation, or other honor that is not related to the purposes set forth in section 40101.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1490, § 307; Pub. L. 114–120, title IV, § 403, Feb. 8, 2016, 130 Stat. 67; renumbered § 46107, Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], § 8605(a)(3), Jan. 1, 2021, 134 Stat. 4765.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
307
46 App.:1111(d) (related to Commission).
June 29, 1936, ch. 858, title II, § 201(d) (related to Commission), 49 Stat. 1986; Pub. L. 97–31, § 12(58)(B), Aug. 6, 1981, 95 Stat. 158.
The words “by this chapter”, “after June 29, 1936”, and “further” are omitted as unnecessary.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 307 of this title as this section.
2016—Pub. L. 114–120 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
46 U.S.C. § 46108 (SHIPPING)
§ 46108. Authorization of appropriations
There is authorized to be appropriated to the Federal Maritime Commission $29,086,888 for fiscal year 2020 and $29,639,538 for fiscal year 2021 for the activities of the Commission authorized under this chapter and subtitle IV.
(Added Pub. L. 114–120, title IV, § 401(a), Feb. 8, 2016, 130 Stat. 67, § 308; amended Pub. L. 115–282, title VII, § 702, Dec. 4, 2018, 132 Stat. 4294; renumbered § 46108 and amended Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §§ 8602, 8605(a)(3), Jan. 1, 2021, 134 Stat. 4761, 4765.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283, § 8605(a)(3), renumbered section 308 of this title as this section.
Pub. L. 116–283, § 8602, substituted “$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal year 2021” for “$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019”.
2018—Pub. L. 115–282 substituted “$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019” for “$24,700,000 for each of fiscal years 2016 and 2017”.
46 U.S.C. § 51706 (SHIPPING)
§ 51706. 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, § 54102; renumbered § 51706, Pub. L. 116–283, div. C, title XXXV, § 3507(a), Jan. 1, 2021, 134 Stat. 4405.)
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.
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 54102 of this title as this section.
46 U.S.C. § 51707 (SHIPPING)
§ 51707. Merchant mariner recruitment, training, and retention strategic plan
(a) 1 Strategic Plan.—
(1) In general.—
Not later than one year after the date of the enactment of this section, and at least once every five years thereafter until the termination date under paragraph (6), the Secretary of Transportation, acting through the Administrator of the Maritime Administration, shall publish in the Federal Register a plan to recruit, train, and retain merchant mariners for the five-year period following the date of publication of the most recently published plan under this paragraph.
(2) Contents.—
A plan published under paragraph (1) shall contain—
(A) a strategy to address merchant mariner recruitment, training, and retention issues in the United States; and
(B) demonstration and research priorities concerning merchant mariner recruitment, training, and retention.
(3) Factors.—
In developing a plan under paragraph (1), the Secretary shall take into account, at a minimum—
(A) the availability of existing research (as of the date of publication of the plan); and
(B) the need to ensure results that have broad applicability for the United States merchant marine workforce development.
(4) Consultation.—
In developing a plan under paragraph (1), the Secretary shall consult with representatives of the maritime industry, labor organizations, including the Commander of the Transportation Command and the Commander of the Military Sealift Command, and other governmental entities and stakeholders in the maritime industry.
(5) Transmittal to congress.—
The Secretary shall transmit copies of any plan published under paragraph (1) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(6) Termination date.—
The requirement to publish a plan under this paragraph shall terminate on the date that the Administrator of the Maritime Administration determines that there is an adequate number of United States mariners for sustained strategic sealift.
(Added Pub. L. 116–283, div. C, title XXXV, § 3508(a), Jan. 1, 2021, 134 Stat. 4405.)
heading: References in Text
text: The date of the enactment of this section, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 116–283, which was approved Jan. 1, 2021.
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) $494,008,000 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; Pub. L. 116–283, div. C, title XXXV, § 3501(c)(1), Jan. 1, 2021, 134 Stat. 4397.)
heading: Editorial Notes
heading: Amendments
text: 2021—Par. (2). Pub. L. 116–283 substituted “$494,008,000” for “$314,007,780”.
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. § 53403 (SHIPPING)
§ 53403. Award of operating agreements
(a) In General.—
The Secretary of Transportation shall require, as a condition of including any vessel in the Fleet, that the program participant of the vessel enter into an operating agreement with the Secretary under this section.
(b) Procedure for Applications.—
(1) Eligible vessels.—
The Secretary of Transportation shall accept an application for an operating agreement for an eligible product tank vessel under the priority under paragraph (2) only from a person that has authority to enter into an operating agreement under this chapter.
(2) Establishment of priority.—
The Secretary of Transportation may enter into a new operating agreement with an applicant that meets the requirements of section 53402(c) for a vessel that meets the qualifications of section 53402(b), and shall give priority to applications based on—
(A) vessel capabilities, as established by the Secretary of Defense; then
(B) after consideration of vessel type, according to an applicant’s record of owning and operating vessels; then
(C) after consideration of ownership and operation, according to such additional priorities as the Secretary of Transportation may consider appropriate.
(3) Concurrence of award.—
The Secretary of Transportation may not approve an application for an operating agreement without the concurrence of the Secretary of Defense.
(c) Limitation.—
For any fiscal year, the Secretary of Transportation may not award operating agreements under this chapter that require payments under section 53406 of this title for more than 10 vessels.
(d) Judicial Review.—
No court shall have jurisdiction to review the Secretary’s decision with respect to the award or non-award of an operating agreement issued under this chapter.
(Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4412.)
46 U.S.C. § 53404 (SHIPPING)
§ 53404. Effectiveness of operating agreements
(a) In General.—
Subject to the availability of appropriations for such purpose, the Secretary may enter into an operating agreement under this chapter for fiscal year 2022 and any subsequent fiscal year. The agreement shall be effective only for 1 fiscal year, but shall be renewable, subject to the availability of appropriations, for each fiscal year through the end of fiscal year 2035.
(b) Vessels Under Charter to the United States.—
The program participant of a vessel under charter to the United States is eligible to receive payments pursuant to any operating agreement that covers such vessel.
(c) Termination.—
(1) Termination by secretary for lack of program participant compliance.—
If the program participant with respect to an operating agreement materially fails to comply with the terms of the agreement—
(A) the Secretary shall notify the program participant and provide a reasonable opportunity to comply with the operating agreement; and
(B) the Secretary shall terminate the operating agreement if the program participant fails to achieve such compliance.
(2) Termination by program participant.—
If a program participant provides notice of the intent to terminate an operating agreement under this chapter on a date specified by not later than 60 days prior to the date specified by the program participant for such termination, such agreement shall terminate on the date specified by the program participant.
(d) Nonrenewal for Lack of Funds.—
If, by the first day of a fiscal year, sufficient funds have not been appropriated under the authority provided by this chapter for that fiscal year, then the Secretary shall notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that operating agreements authorized under this chapter for which sufficient funds are not available will not be renewed for that fiscal year if sufficient funds are not appropriated by the 60th day of that fiscal year.
(e) Release of Vessels From Obligations.—
If funds are not appropriated for payments under an operating agreement under this chapter for any fiscal year by the 60th day of that fiscal year, then—
(1) each vessel covered by the operating agreement is thereby released from any further obligation under the operating agreement;
(2) the program participant for the vessel may transfer and register such vessel under a foreign registry that is acceptable to the Secretary of Transportation and the Secretary of Defense, notwithstanding section 56101 of this title; and
(3) if chapter 563 of this title is applicable to the vessel after registration, then the vessel is available to be requisitioned by the Secretary pursuant to chapter 563 of this title.
(Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4413.)