dreamproit/uscode huggingface dataset:
46 U.S.C. § 30523 (SHIPPING)
§ 30523. General limit of liability
(a) In General.—
Except as provided in section 30524 of this title, the liability of the owner of a vessel for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight. If the vessel has more than one owner, the proportionate share of the liability of any one owner shall not exceed that owner’s proportionate interest in the vessel and pending freight.
(b) Claims Subject to Limitation.—
Unless otherwise excluded by law, claims, debts, and liabilities subject to limitation under subsection (a) are those arising from any embezzlement, loss, or destruction of any property, goods, or merchandise shipped or put on board the vessel, any loss, damage, or injury by collision, or any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of the owner.
(c) Wages.—
Subsection (a) does not apply to a claim for wages.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1513, § 30505; renumbered § 30523 and amended Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), (f)(2), Dec. 23, 2022, 136 Stat. 4130, 4131.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30505
46 App.:183(a).
R.S. § 4283(a); Aug. 29, 1935, ch. 804, § 1, 49 Stat. 960; June 5, 1936, ch. 521, § 1, 49 Stat. 1479.
46 App.:189
June 26, 1884, ch. 121, § 18, 23 Stat. 57.
In subsection (a), the words “Except as provided in section 30506 of this title” are substituted for “except in the cases provided for in subsection (b) of this section” because 46 App. U.S.C. 183(b) is restated in section 30506 of the revised title. The words “whether American or foreign” are omitted as unnecessary because of section 30502 of the revised title. The words “shall not exceed the value of the vessel and pending freight” are substituted for “shall not . . . exceed the amount or value of . . . such vessel, and her freight then pending” in 46 App. U.S.C. 183(a) and for “the aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessels and freight pending” in 46 App. U.S.C. 189 for consistency and to eliminate unnecessary words. The last sentence is substituted for “the interest of such owner in” in 46 App. U.S.C. 183(a) and for “The individual liability of a shipowner shall be limited to the proportion of any or all debts and liabilities that his individual share of the vessel bears to the whole” in 46 App. U.S.C. 189 for clarity and consistency. The words “Provided, That this provision shall not prevent any claimant from joining all the owners in one action” in 46 App. U.S.C. 189 are omitted as unnecessary.
Subsection (c) is substituted for “nor shall the same apply to wages due to persons employed by said shipowners” in 46 App. U.S.C. 189 because of the reorganization of the source provisions.
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–263, § 11503(a)(3), renumbered section 30505 of this title as this section.
Subsec. (a). Pub. L. 117–263, § 11503(f)(2), substituted “section 30524” for “section 30506”.
46 U.S.C. § 30525 (SHIPPING)
§ 30525. Apportionment of losses
If the amounts determined under sections 30523 and 30524 of this title are insufficient to pay all claims—
(1) all claimants shall be paid in proportion to their respective losses out of the amount determined under section 30523 of this title; and
(2) personal injury and death claimants, if any, shall be paid an additional amount in proportion to their respective losses out of the additional amount determined under section 30524(b) of this title.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1513, § 30507; renumbered § 30525 and amended Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), (f)(4), Dec. 23, 2022, 136 Stat. 4130, 4131.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30507
46 App.:183(b) (last sentence).
R.S. § 4283(b) (last sentence); Aug. 29, 1935, ch. 804, § 1, 49 Stat. 960; June 5, 1936, ch. 521, § 1, 49 Stat. 1479; Pub. L. 98–498, title II, § 213(a), Oct. 19, 1984, 98 Stat. 2306.
46 App.:184.
R.S. § 4284; Feb. 27, 1877, ch. 69, § 1 (related to R.S. § 4284), 19 Stat. 251.
This section is substituted for 46 App. U.S.C. 183(b) (last sentence) and 184 (words before semicolon) for clarity and consistency and to eliminate unnecessary words. The text of 46 App. U.S.C. 184 (words after semicolon) is omitted as unnecessary. See G. Gilmore & C. Black, The Law of Admiralty, § 10–8 (2d ed. 1975).
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–263, § 11503(f)(4)(A), substituted “sections 30523 and 30524” for “sections 30505 and 30506” in introductory provisions.
Pub. L. 117–263, § 11503(a)(3), renumbered section 30507 of this title as this section.
Par. (1). Pub. L. 117–263, § 11503(f)(4)(B), substituted “section 30523” for “section 30505”.
Par. (2). Pub. L. 117–263, § 11503(f)(4)(C), substituted “section 30524(b)” for “section 30506(b)”.
46 U.S.C. § 30528 (SHIPPING)
§ 30528. Vicarious liability for medical malpractice with regard to crew
In a civil action by any person in which the owner or operator of a vessel or employer of a crewmember is claimed to have vicarious liability for medical malpractice with regard to a crewmember occurring at a shoreside facility, and to the extent the damages resulted from the conduct of any shoreside doctor, hospital, medical facility, or other health care provider, the owner, operator, or employer is entitled to rely on any statutory limitations of liability applicable to the doctor, hospital, medical facility, or other health care provider in the State of the United States in which the shoreside medical care was provided.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1515, § 30510; renumbered § 30528, Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), Dec. 23, 2022, 136 Stat. 4130.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30510
46 App.:183(g).
R.S. § 4283(g); Pub. L. 104–324, § 1129(a), Oct. 19, 1996, 110 Stat. 3984.
The words “civil action” are substituted for “suit” for consistency in the revised title. The words “is entitled to rely on any statutory” are substituted for “shall be entitled to rely upon any and all statutory” to eliminate unnecessary words.
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–263 renumbered section 30510 of this title as this section.
46 U.S.C. § 30529 (SHIPPING)
§ 30529. Action by owner for limitation
(a) In General.—
The owner of a vessel may bring a civil action in a district court of the United States for limitation of liability under this chapter. The action must be brought within 6 months after a claimant gives the owner written notice of a claim.
(b) Creation of Fund.—
When the action is brought, the owner (at the owner’s option) shall—
(1) deposit with the court, for the benefit of claimants—
(A) an amount equal to the value of the owner’s interest in the vessel and pending freight, or approved security; and
(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter; or
(2) transfer to a trustee appointed by the court, for the benefit of claimants—
(A) the owner’s interest in the vessel and pending freight; and
(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter.
(c) Cessation of Other Actions.—
When an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the matter in question shall cease.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1515, § 30511; renumbered § 30529, Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), Dec. 23, 2022, 136 Stat. 4130.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30511
46 App.:185.
R.S. § 4285; June 5, 1936, ch. 521, § 3, 49 Stat. 1480.
In subsection (a), the words “bring a civil action . . . in a district court of the United States” are substituted for “petition a district court of the United States” for consistency in the revised title and with other titles of the United States Code. See rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “of competent jurisdiction” are omitted as unnecessary.
In subsection (b), the word “pending” before “freight” is added for consistency in the chapter. The words “to carry out this chapter” are substituted for “to carry out the provisions of section 183 of this Appendix” because of the reorganization of the source provisions.
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–263 renumbered section 30511 of this title as this section.
46 U.S.C. § 30530 (SHIPPING)
§ 30530. Liability as master, officer, or seaman not affected
This chapter does not affect the liability of an individual as a master, officer, or seaman, even though the individual is also an owner of the vessel.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1516, § 30512; renumbered § 30530, Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), Dec. 23, 2022, 136 Stat. 4130.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30512
46 App.:187.
R.S. § 4287.
This section is substituted for the source provision for consistency with the restatement of 46 App. U.S.C. 183(a) and 189 in section 30505 and to eliminate unnecessary words. The reference in the source to particular sections is extended to include the entire chapter to simplify the reference and to conform to the obvious original policy and intent of the source provision.
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–263 renumbered section 30512 of this title as this section.
46 U.S.C. § 51326 (SHIPPING)
§ 51326. Student advisory board at the United States Merchant Marine Academy
(a) In General.—
The Maritime Administrator shall establish at the United States Merchant Marine Academy an advisory board to be known as the Advisory Board to the Secretary of Transportation (referred to in this section as the “Advisory Board”).
(b) Membership.—
The Advisory Board shall be composed of not fewer than 12 midshipmen of the Merchant Marine Academy who are enrolled at the Merchant Marine Academy at the time of the appointment, including not fewer than 3 cadets from each class.
(c) Appointment; Term.—
Midshipmen shall serve on the Advisory Board pursuant to appointment by the Maritime Administrator. Appointments shall be made not later than 60 days after the date of the swearing in of a new class of midshipmen at the Academy. The term of membership of a midshipmen on the Advisory Board shall be 1 academic year.
(d) Reappointment.—
The Maritime Administrator may reappoint not more than 6 cadets from the previous term to serve on the Advisory Board for an additional academic year if the Maritime Administrator determines such reappointment to be in the best interests of the Merchant Marine Academy.
(e) Meetings.—
The Advisory Board shall meet with the Secretary of Transportation not less than once each academic year to discuss the activities of the Advisory Board. The Advisory Board shall meet in person with the Maritime Administrator not less than 2 times each academic year to discuss the activities of the Advisory Board.
(f) Duties.—
The Advisory Board shall—
(1) identify health and wellbeing, diversity, and sexual assault and harassment challenges and other topics considered important by the Advisory Board facing midshipmen at the Merchant Marine Academy, off campus, and while aboard ships during Sea Year or other training opportunities;
(2) discuss and propose possible solutions, including improvements to culture and leadership development at the Merchant Marine Academy; and
(3) periodically review the efficacy of the program in section 51325(b), as appropriate, and provide recommendations to the Maritime Administrator for improvement.
(g) Working Groups.—
The Advisory Board may establish one or more working groups to assist the Advisory Board in carrying out its duties, including working groups composed in part of midshipmen at the Merchant Marine Academy who are not current members of the Advisory Board.
(h) Reports and Briefings.—
The Advisory Board shall regularly provide the Secretary of Transportation and the Maritime Administrator reports and briefings on the results of its duties, including recommendations for actions to be taken in light of such results. Such reports and briefings may be provided in writing, in person, or both.
(Added Pub. L. 117–263, div. C, title XXXV, § 3531(a), Dec. 23, 2022, 136 Stat. 3085.)
46 U.S.C. § 51328 (SHIPPING)
§ 51328. Student support
The Maritime Administrator shall—
(1) require a biannual survey of midshipmen, faculty, and staff of the Academy assessing the environment of the Academy; and
(2) require an annual survey of faculty and staff of the Academy assessing the Sea Year program.
(Added Pub. L. 117–263, div. C, title XXXV, § 3531(a), Dec. 23, 2022, 136 Stat. 3087.)
heading: Statutory Notes and Related Subsidiaries
heading: United States Merchant Marine Academy Student Support Plan
text: Pub. L. 117–263, div. C, title XXXV, § 3531(d), Dec. 23, 2022, 136 Stat. 3087, provided that:
“(1) Student support plan.—
Not later than January 1, 2023, the Maritime Administrator shall issue a Student Support Plan for the United States Merchant Marine Academy, in consultation with relevant mental health professionals in the Federal Government or experienced with the maritime industry or related industries. Such plan shall—
“(A) address the mental health resources available to midshipmen, both on-campus and during Sea Year;
“(B) establish a tracking system for suicidal ideations and suicide attempts of midshipmen, which excludes personally identifiable information;
“(C) create an option for midshipmen to obtain assistance from a professional care provider virtually; and
“(D) require an annual survey of faculty and staff assessing the adequacy of mental health resources for midshipmen of the Academy, both on campus and during Sea Year.
“(2) Report to congress.—
Not later than 30 days after the date of enactment of this section [Dec. 23, 2022], the Maritime Administrator shall provide Congress with a report on the resources necessary to properly implement this subsection.”
46 U.S.C. § 53206 (SHIPPING)
§ 53206. Payments
(a) Annual Payment.—
(1) In general.—
The Secretary, subject to availability of appropriations and other provisions of this section, shall pay to the Contractor for an operating agreement, for each vessel that is covered by the operating agreement, an amount equal to $5,000,000 for each fiscal year 2021 through 2035.
(2) Timing.—
This amount shall be paid in equal monthly installments at the end of each month. The amount shall not be reduced except as provided by this section or section 51307(b).
(b) Certification Required for Payment.—
As a condition of receiving payment under this section for a fiscal year for a vessel, the Contractor for the vessel shall certify that the vessel has been and will be operated in accordance with section 53205(a)(1) for 365 days in each fiscal year. Up to thirty (30) days during which the vessel is drydocked, surveyed, inspected, or repaired shall be considered days of operation for purposes of this subsection.
(c) General Limitations.—
The Secretary shall not make any payment under this chapter for a vessel with respect to any days for which the vessel is—
(1) not operated or maintained in accordance with an Operating Agreement under this chapter; or
(2) more than 40 years of age.
(d) Reductions in Payments.—
With respect to payments under this chapter for a vessel covered by an Operating Agreement, the Secretary shall make a pro rata reduction for each day less than 365 in a fiscal year that the vessel is not operated in accordance with section 53205(a)(1), with days during which the vessel is drydocked or undergoing survey, inspection or repair to be considered days on which the vessel is operated as provided in subsection (b).
(Added Pub. L. 116–92, div. C, title XXXV, § 3521(a), Dec. 20, 2019, 133 Stat. 1995; amended Pub. L. 117–263, div. C, title XXXV, § 3517(b)(2), Dec. 23, 2022, 136 Stat. 3074.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (a)(2). Pub. L. 117–263 inserted “or section 51307(b)” after “this section”.
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.—
The Secretary of Transportation may not award operating agreements under this chapter that require payments under section 53406 of this title for more than—.1
(1) for each of fiscal years 2022 and 2023, 10 vessels; and
(2) for any subsequent fiscal year, 20 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; amended Pub. L. 117–263, div. C, title XXXV, § 3501(b)(2), Dec. 23, 2022, 136 Stat. 3064.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (c). Pub. L. 117–263 substituted “The Secretary” for “For any fiscal year, the Secretary” and “more than—” for “more than 10 vessels”, designated existing provisions as introductory provisions, and added pars. (1) and (2).
46 U.S.C. § 53411 (SHIPPING)
§ 53411. Authorization of appropriations
There is authorized to be appropriated for payments under section 53406, $60,000,000 for each of fiscal years 2022 and 2023, and $120,000,000 for fiscal years 2024 through 2035, to remain available until expended.
(Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4418; amended Pub. L. 117–263, div. C, title XXXV, § 3501(b)(1), Dec. 23, 2022, 136 Stat. 3064.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–263 substituted “and 2023, and $120,000,000 for fiscal years 2024 through 2035” for “through 2035”.
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 foreign or domestic trade of the United States 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; Pub. L. 117–263, div. C, title XXXV, § 3545, Dec. 23, 2022, 136 Stat. 3100.)
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: 2022—Subsec. (b). Pub. L. 117–263 substituted “foreign or domestic trade of the United States” for “United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade”.
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. § 55603 (SHIPPING)
§ 55603. Multistate, State, Tribal, and regional transportation planning
(a) In General.—
The Secretary, in consultation with Federal entities, State and local governments, Tribal governments, and appropriate private sector entities, may develop strategies to encourage the use of marine highway transportation for transportation of passengers and cargo.
(b) Strategies.—
If the Secretary develops strategies under subsection (a), the Secretary may—
(1) assess the extent to which States, local governments, and Tribal governments include marine highway transportation and other marine transportation solutions in transportation planning;
(2) encourage State and Tribal departments of transportation to develop strategies, where appropriate, to incorporate marine highway transportation, ferries, and other marine transportation solutions for regional and interstate transport of freight and passengers in transportation planning; and
(3) encourage groups of States, Tribal governments, and multistate transportation entities to determine how marine highways can address congestion, bottlenecks, and other interstate transportation challenges.
(Added Pub. L. 117–263, div. C, title XXXV, § 3521(b)(1), Dec. 23, 2022, 136 Stat. 3078.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 55603, added Pub. L. 110–140, title XI, § 1121(a), Dec. 19, 2007, 121 Stat. 1761, which related to an interagency board to identify and seek solutions to impediments hindering effective use of short sea transportation, was repealed by Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8332(d)(1), Jan. 1, 2021, 134 Stat. 4704.