§51103 — Title 46 Shipping | U.S. Code

Summary

The Secretary of Transportation can set up and run training so U.S. citizens can safely and efficiently operate the U.S. merchant fleet, including using it as a naval or military aid in war or emergencies. The Secretary can give or lend extra government ships, fuel, and ship gear to approved schools and training programs (like the U.S. Merchant Marine Academy, state maritime academies, and certain nonprofit or state training schools) by gift, loan, sale, lease, or charter. If the items come from the National Defense Reserve Fleet and are Ready Reserve Force ships or ones the Navy wants to keep, the Secretary of the Navy must agree. The Secretary can get information, facilities, equipment, and agency staff to help carry out these duties, and must repay other agencies for those services. The Secretary may hire professors or instructors for the Academy without following some usual federal hiring and pay rules. The Secretary can transfer ownership of Maritime Administration property (but not land or ships) to nonprofits or government units if the property is not needed, and the recipient agrees to take responsibility for hazardous material claims, explain how they will use and pay for the property, return or properly dispose of it when done, and accept any other terms the Secretary sets. If the recipient uses the property for a different purpose than approved, ownership can revert to the government.

Title 46, §51103

Shipping — Source: USLM XML via OLRC

(a)The Secretary of Transportation may provide for the education and training of citizens of the United States for the safe and efficient operation of the merchant marine of the United States at all times, including operation as a naval and military auxiliary in time of war or national emergency.

(b)(1)The Secretary may cooperate with and assist the institutions named in paragraph (2) by making vessels, fuel, shipboard equipment, and other marine equipment, owned by the United States Government and determined by the entity having custody and control of such property to be excess or surplus, available to those institutions for instructional purposes, by gift, loan, sale, lease, or charter on terms and conditions the Secretary considers appropriate. The consent of the Secretary of the Navy shall be obtained with respect to any property from National Defense Reserve Fleet vessels, if such vessels are either Ready Reserve Force vessels or other National Defense Reserve Fleet vessels determined to be of sufficient value to the Navy to warrant their further preservation and retention.

(2)The institutions referred to in paragraph (1) are—

(A)the United States Merchant Marine Academy;

(B)a State maritime academy; and

(C)a nonprofit training institution or a training institution that is an instrumentality of a State, the District of Columbia, a territory or possession of the United States, or a unit of local government thereof jointly approved by the Secretary of Transportation and the Secretary of the department in which the Coast Guard is operating as offering training courses that meet Federal regulations for maritime training.

(c)(1)The Secretary of Transportation may secure directly from an agency, on a reimbursable basis, information, facilities, and equipment necessary to carry out this part.

(2)At the request of the Secretary, the head of an agency (including a military department) may detail, on a reimbursable basis, personnel from the agency to the Secretary to assist in carrying out this part.

(d)To carry out this part, the Secretary may—

(1)employ an individual as a professor, lecturer, or instructor at the Academy, without regard to the provisions of title 5 governing appointments in the competitive service; and

(2)pay the individual without regard to chapter 51 and subchapter III of chapter 53 of title 5.

(e)(1)The Secretary may convey the right, title, and interest of the United States Government in any property administered by the Maritime Administration, except real estate or vessels, if—

(A)the Secretary determines that such property is not needed by the Maritime Administration; and

(B)the recipient—

(i)is a nonprofit organization, a State, or a political subdivision of a State;

(ii)agrees to hold the Government harmless for any claims arising from exposure to hazardous materials, including asbestos, polychlorinated biphenyls, or lead paint, after conveyance of the property;

(iii)provides a description and explanation of the intended use of the property to the Secretary for approval;

(iv)has provided to the Secretary proof, as determined by the Secretary, of resources sufficient to accomplish the intended use provided under clause (iii) and to maintain the property;

(v)agrees that when the recipient no longer requires the property, the recipient shall—

(I)return the property to the Secretary, at the recipient’s expense and in the same condition as received except for ordinary wear and tear; or

(II)subject to the approval of the Secretary, retain, sell, or otherwise dispose of the property in a manner consistent with applicable law; and

(vi)agrees to any additional terms the Secretary considers appropriate.

(2)The Secretary shall include in any conveyance under this subsection terms under which all right, title, and interest conveyed by the Secretary shall revert to the Government if the Secretary determines the property has been used other than as approved by the Secretary under paragraph (1)(B)(iii).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 51103(a)46 App.:1295 (last sentence cl. (1)).June 29, 1936, ch. 858, title XIII, § 1301 (last sentence cl. (1)), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1997; Pub. L. 97–31, § 12(142)(A), Aug. 6, 1981, 95 Stat. 166. 51103(b)46 App.:1295g(b).June 29, 1936, ch. 858, title XIII, § 1308(b)–(d), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2007. 51103(c)46 App.:1295g(c). 51103(d)46 App.:1295g(d). In subsection (c), the word “department” is omitted as unnecessary because of the definition of “agency” in chapter 1 of the revised title.

Editorial Notes

Amendments

2014—Subsec. (e). Pub. L. 113–281 added subsec. (e). 2012—Subsec. (b). Pub. L. 112–213, § 404(1), struck out “Surplus” before “Property” in heading. Subsec. (b)(1). Pub. L. 112–213, § 404(2), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary may cooperate with and assist the institutions named in paragraph (2) by making vessels, shipboard equipment, and other marine equipment, owned by the United States Government and determined to be excess or surplus, available to those institutions for instructional purposes, by gift, loan, sale, lease, or charter on terms the Secretary considers appropriate.” Subsec. (b)(2)(C). Pub. L. 112–213, § 404(3), inserted “or a training institution that is an instrumentality of a State, the District of Columbia, a territory or possession of the United States, or a unit of local government thereof” after “a nonprofit training institution”.

§51103 General Authority of Secretary of Transportation