§51307 — Title 46 Shipping | U.S. Code

Summary

The Secretary of Transportation can set up training for United States Merchant Marine Academy cadets on a variety of places. That includes government-owned or government-contracted ships, other documented ships if the owner agrees, shipyards or industrial and educational plants, or any other vessel the Secretary thinks is needed or in the national interest. The Secretary must also require operators of vessels in the Maritime Security Program (chapter 531), the Cable Security Fleet (chapter 532), or the Tanker Security Fleet (chapter 534) to carry 2 United States Merchant Marine Academy cadets on each voyage, if cadets are available, and to follow the rules under section 51322. If an operator fails to follow those rules, the Maritime Administrator can order fixes or withhold payment until the problem is fixed; withheld payments can be released once the operator complies. The Commander of the Military Sealift Command must require U.S.-flagged Military Sealift Command ships rated at 10,000 gross tons or higher to carry 2 cadets per voyage, if available, but may waive that rule if it would be an undue burden. “Operator” covers both government and non-government operators. Nothing here limits the Secretary’s choice to place cadets, the Coast Guard’s authority over approved vessel security plans under section 70103, or a ship master’s duty to keep the crew safe.

Title 46, §51307

Shipping — Source: USLM XML via OLRC

(a)The Secretary of Transportation may provide for the training of cadets at the United States Merchant Marine Academy—

(1)on vessels owned, subsidized by, or contracted with the United States Government;

(2)on other documented vessels, with the permission of the owner;

(3)in shipyards or plants and with industrial or educational organizations; and

(4)on any other vessel considered by the Secretary to be necessary or appropriate or in the national interest.

(b)(1)The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title, the Cable Security Fleet under chapter 532 of this title, or the Tanker Security Fleet under chapter 534 of this title to—

(A)carry on each Maritime Security Program vessel, Cable Security Fleet vessel, or Tanker Security Fleet vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage; and

(B)implement and adhere to policies, programs, criteria, and requirements established pursuant to section 51322 of this title.

(2)Failure to implement or adhere to the policies, programs, criteria, and requirements referred to in paragraph (1) may, as determined by the Maritime Administrator, constitute a violation of an operating agreement entered into under chapter 531, 532, or 534 of this title and the Maritime Administrator may—

(A)require the operator to take corrective actions; or

(B)withhold payment due to the operator until the violation, as determined by the Maritime Administrator, has been remedied.

(3)Any payment withheld pursuant to paragraph (2)(B) may be paid, upon a determination by the Maritime Administrator that the operator is in compliance with the policies, programs, criteria, and requirements referred to in paragraph (1).

(c)(1)Except as provided in paragraph (2), the Commander of the Military Sealift Command shall require an operator of a vessel in the United States Navy’s Military Sealift Command to carry on each such vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage, if the vessel—

(A)is flagged in the United States; and

(B)is rated at 10,000 gross tons or higher.

(2)The Commander of the Military Sealift Command may waive the requirement under paragraph (1) at any time if the Commander determines that carrying a cadet from the United States Merchant Marine Academy would place an undue burden on the vessel or the operator of the vessel.

(d)In this section, the term “operator” includes a government operator and a non-government operator.

(e)Nothing in this section may be construed as affecting—

(1)the discretion of the Secretary to determine whether to place a United States Merchant Marine Academy cadet on a vessel;

(2)the authority of the Coast Guard regarding a vessel security plan approved under section 70103; or

(3)the discretion of the master of the vessel to ensure the safety of all crew members.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5130746 App.:1295b(f).June 29, 1936, ch. 858, title XIII, § 1303(f), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2002. In paragraph (2), the words “with the permission of the owner” are substituted for “if the owner . . . cooperates in such use” for clarity.

Editorial Notes

Amendments

2022—Subsec. (b). Pub. L. 117–263 amended subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title, the Cable Security Fleet under chapter 532 of this title, or the Tanker Security Fleet under chapter 534 of this title to carry on each Maritime Security Program vessel, Cable Security Fleet vessel, or Tanker Security Fleet vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage.” 2021—Subsec. (b). Pub. L. 116–283 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title to carry on each Maritime Security Program vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage.” 2018—Pub. L. 115–232, § 3512(1), (3), designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (e). Subsec. (a)(1). Pub. L. 115–232, § 3512(2), substituted “owned, subsidized by, or contracted with” for “owned or subsidized by”. 2008—Pub. L. 110–181, § 3525(b), repealed Pub. L. 109–241, § 307. See 2006 Amendment note below. Par. (4). Pub. L. 110–181, § 3525(a)(3), incorporated the substance of the amendment by Pub. L. 109–241, § 307, into this section by adding par. (4). 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. 109–241, § 307, which directed the amendment of section 1295b(f) of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, § 3525(b). See 2008 Amendment note for par. (4) and

Historical and Revision Notes

above.

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 Amendment Pub. L. 117–263, div. C, title XXXV, § 3517(a)(2), Dec. 23, 2022, 136 Stat. 3074, provided that: “Paragraph (2) of subsection (b) of section 51307, as amended by paragraph (1), shall apply with respect to any failure to implement or adhere to the policies, programs, criteria, and requirements referred to in paragraph (1)(B) of such subsection that occurs on or after the date that is one year after the date of the enactment of this Act [Dec. 23, 2022].”

§51307 Places of training

Summary

Title 46, §51307

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Construction

Historical and Revision Notes

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata