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46 U.S.C. § 53101 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Bulk cargo.—** — The term “bulk cargo” means cargo that is loaded and carried in bulk without mark or count.
(2) **Contractor.—** — The term “contractor” means an owner or operator of a vessel that enters into an operating agreement for the vessel with the Secretary under section 53103.
(3) **Fleet.—** — The term “Fleet” means the Maritime Security Fleet established under section 53102(a).
(4) **Foreign commerce.—** — The term “foreign commerce” means—
(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
(B) commerce or trade between foreign countries.
(5) **Participating fleet vessel.—** — The term “participating fleet vessel” means any vessel that—
(A) on October 1, 2015—
(i) meets the requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and
(ii) is less than 20 years of age if the vessel is a tank vessel, or is less than 25 years of age for all other vessel types; and
(B) on December 31, 2014, is covered by an operating agreement under this chapter.
(6) **Person.—** — The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.
(7) **Product tank vessel.—** — The term “product tank vessel” means a double hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products.
(8) **Secretary.—** — The term “Secretary” means the Secretary of Transportation.
(9) **Tank vessel.—** — The term “tank vessel” has the meaning that term has under [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-
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Stable record: federal_law:legal_authorities:record_usc_8463d3bb395d992db8419dff
Source file: Laws/federal/codes/united-states-code/title-46/section-53101-definitions--b8225a874c.md
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Source location: Title 46, Chapter 531, § 53101; chapter-531-maritime-security-fleet.md
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In this chapter:
(1) **Bulk cargo.—** — The term “bulk cargo” means cargo that is loaded and carried in bulk without mark or count.
(2) **Contractor.—** — The term “contractor” means an owner or operator of a vessel that enters into an operating agreement for the vessel with the Secretary under section 53103.
(3) **Fleet.—** — The term “Fleet” means the Maritime Security Fleet established under section 53102(a).
(4) **Foreign commerce.—** — The term “foreign commerce” means—
(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
(B) commerce or trade between foreign countries.
(5) **Participating fleet vessel.—** — The term “participating fleet vessel” means any vessel that—
(A) on October 1, 2015—
(i) meets the requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and
(ii) is less than 20 years of age if the vessel is a tank vessel, or is less than 25 years of age for all other vessel types; and
(B) on December 31, 2014, is covered by an operating agreement under this chapter.
(6) **Person.—** — The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.
(7) **Product tank vessel.—** — The term “product tank vessel” means a double hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products.
(8) **Secretary.—** — The term “Secretary” means the Secretary of Transportation.
(9) **Tank vessel.—** — The term “tank vessel” has the meaning that term has under [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim).
(10) **United states.—** — The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands.
(11) **United states citizen trust.—**
(A) Subject to subparagraph (C), the term “United States citizen trust” means a trust that is qualified under this paragraph.
(B) A trust is qualified under this paragraph with respect to a vessel only if—
(i) each of the trustees is a citizen of the United States; and
(ii) the application for documentation of the vessel under chapter 121 of this title includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States.
(C) If any person that is not a citizen of the United States has authority to direct or participate in directing a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee for a trust without cause, either directly or indirectly through the control of another person, the trust is not qualified under this paragraph unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee.
(D) This paragraph shall not be considered to prohibit a person who is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust.
(12) **United states-documented vessel.—** — The term “United States-documented vessel” means a vessel documented under chapter 121 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Maritime Administrator may establish a program for the purpose of contracting with individuals as personal services contractors to provide services as adjunct professors at the Academy, if the Maritime Administrator determines that there is a need for adjunct professors and the need is not of permanent duration.
**(b) Contract Requirements.—** Each contract under the program—
(1) must be approved by the Maritime Administrator;
(2) shall be for a duration, including options, of not to exceed one year unless the Maritime Administrator finds that exceptional circumstances justify an extension of up to one additional year; and
(3) shall be subject to the availability of appropriations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 51317
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual Payment.—**
(1) **In general.—** — The Secretary, subject to the availability of appropriations and the 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—
(A) $5,000,000 for each of fiscal years 2018, 2019, and 2020;
(B) $8,233,463 for fiscal year 2021;
(C) $5,300,000 for each of fiscal years 2022, 2023,,11 So in original. Second comma probably should not appear. and 2024;
(D) $6,500,000 for each of fiscal years 2025 and 2026;
(E) $6,675,500 for each of fiscal years 2027 and 2028;
(F) $6,855,000 for each of fiscal years 2029and 2030;
(G) $7,040,000 for each of fiscal years 2031 and 2032;
(H) $7,230,000 for each of fiscal years 2033 and 2034;
(I) $7,426,000 for each of fiscal years 2035 and 2036;
(J) $7,626,000 for each of fiscal years 2037 and 2038; and
(K) $7,832,000 for each of fiscal years 2039 and 2040.
(2) **Timing.—** — The 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, in accordance with regulations issued by the Secretary, that the vessel has been and will be operated in accordance with paragraph (1) and (2) of section 53105(a), as otherwise applicable with respect to such vessel, for at least 320 days in the fiscal year. 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 Secreta
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 53106
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Actual cost.—** — The term “actual cost” means the sum of—
(A) all amounts paid by or for the account of the obligor as of the date on which a determination is made under [section 53715(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section53715/d/1&num=0&edition=prelim); and
(B) all amounts that the Secretary or Administrator reasonably estimates the obligor will become obligated to pay from time to time thereafter, for the construction, reconstruction, or reconditioning of the vessel, including guarantee fees that will become payable under [section 53714 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section53714&num=0&edition=prelim) in connection with all obligations issued for construction, reconstruction, or reconditioning of the vessel or equipment to be delivered, and all obligations issued for the delivered vessel or equipment.
(2) **Administrator.—** — The term “Administrator” means the Administrator of the Maritime Administration.
(3) **Construction, reconstruction, and reconditioning.—** — The terms “construction”, “reconstruction”, and “reconditioning” include designing, inspecting, outfitting, and equipping.
(4) **Depreciated actual cost.—** — The term “depreciated actual cost” of a vessel means—
(A) if the vessel was not reconstructed or reconditioned, the actual cost of the vessel depreciated on a straight line basis over the useful life of the vessel as determined by the Secretary or Administrator, not to exceed 25 years from the date of delivery by the builder; or
(B) if the vessel was reconstructed or reconditioned, the sum of—
(i) the actual cost of the vessel depreciated on a straight line basis from the date of delivery by the
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 53701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Transportation may acquire a vessel, by purchase or otherwise, if—
(1) the Secretary considers the vessel necessary to establish, maintain, improve, or serve as a replacement on an essential service, route, or line in the foreign commerce of the United States, as determined under [section 50103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section50103&num=0&edition=prelim);
(2) the vessel was constructed in the United States; and
(3) the Secretary of the Navy has certified to the Secretary of Transportation that the vessel is suitable for economical and speedy conversion into a naval or military auxiliary or otherwise suitable for use by the United States Government in time of war or national emergency.
**(b) Price.—** The price paid for the vessel shall be based on a fair and reasonable valuation. However, the price may not exceed by more than 5 percent the cost of the vessel to the owner (excluding any construction-differential subsidy and the cost of national defense features paid by the Secretary of Transportation) plus the actual cost previously expended for reconditioning, less depreciation based on a 25-year life for a dry-cargo or passenger vessel and a 20-year life for a tanker or other liquid bulk carrier vessel.
**(c) Documentation.—** A vessel acquired under this section that is not documented under the laws of the United States at the time of acquisition shall be so documented as soon as practicable.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 57105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Program.—** Subject to the availability of appropriations, the Administrator of the Maritime Administration shall execute agreements with shipyards to provide assistance—
(1) in the form of grants, loans, and loan guarantees to small shipyards for capital improvements; and
(2) for maritime training programs to foster technical skills and operational productivity relating to shipbuilding, ship repair, and associated industries.
**(b) Awards.—**
(1) **In general.—** — In providing assistance under the program, the Administrator shall consider projects that foster—
(A) efficiency, competitive operations, and quality ship construction, repair, and reconfiguration; and
(B) employee skills and enhanced productivity related to shipbuilding, ship repair, and associated industries.
(2) **Timing of grant notice.—** — The Administrator shall post a Notice of Funding Opportunity regarding grants awarded under this section not more than 15 days after the date of enactment of the appropriations Act for the fiscal year concerned.
(3) **Timing of grants.—** — The Administrator shall award grants under this section not later than 120 days after the date of the enactment of the appropriations Act for the fiscal year concerned.
(4) **Reuse of unexpended grant funds.—** — Notwithstanding paragraph (3), amounts awarded as a grant under this section that are not expended by the grantee shall remain available to the Administrator for use for grants under this section.
**(c) Use of Funds.—**
(1) **In general.—** — Assistance provided under this section may be used to—
(A) make capital and related improvements in small shipyards; and
(B) provide training for workers in shipbuilding, ship repair, and associated industries.
(2) **Administrative costs.—
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 54101
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle—
(1) “associated equipment”—
(A) means—
(i) a system, accessory, component, or appurtenance of a recreational vessel; or
(ii) a marine safety article intended for use on board a recreational vessel; but
(B) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment.
(2) “Coast Guard” means the organization established and continued under [section 101 of title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section101&num=0&edition=prelim).
(3) “Commandant” means the Commandant of the Coast Guard.
(4) “commercial service” includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel.
(5) “consideration” means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.
(6) “crude oil” means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added.
(7) “crude oil tanker” means a tanker engaged in the trade of carrying crude oil.
(8) “dangerous drug” means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Com
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
During a national emergency declared by Presidential proclamation, or a period for which the President has proclaimed that the security of the national defense makes it advisable, the Secretary of Transportation may requisition or purchase, or requisition or charter the use of, a vessel owned by citizens of the United States, a documented vessel, or a vessel under construction in the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 56301
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Federal law — U.S. Code and appendices · legal_authorities
When a forfeiture of a vessel or cargo accrues, the official of the United States Government required to give notice of the seizure of the vessel or cargo shall include in the notice, if they are known to that official, the name and the place of residence of the owner or consignee at the time of the seizure.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 503
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Federal law — U.S. Code and appendices · legal_authorities
Every contract executed by the Secretary of Transportation under this chapter shall contain provisions requiring (1) that, the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the contractor, to keep its books, records, and accounts, relating to the maintenance, operation, and servicing of the vessels, services, routes, and lines covered by the contract, in such form and under such regulations as may be prescribed by the Secretary of Transportation; (2) that the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the contractor, to file, upon notice from the Secretary of Transportation, balance sheets, profit and loss statements, and such other statements of financial operations, special report, memoranda of any facts and transactions, which in the opinion of the Secretary of Transportation affect the financial results in, the performance of, or transactions or operations under, such contract; (3) that the Secretary of Transportation shall be authorized to examine and audit the books, records, and accounts of all persons referred to in this section whenever he may deem it necessary or desirable; and (4) that upon the willful failure or refusal of any person described in this section to comply with the contract provisions required by this section, the Secretary of Transportation shall have the right to rescind the contract, and upon such rescission, the United States shall be relieved of all further liability on such contract.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 57522
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 53110
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