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46 U.S.C. § 51705 — Training for use of force against piracy

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 51705 — Training for use of force against piracy

Page 384 TITLE 46—SHIPPING § 51703 (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1582.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51702 .......... 46 App.:1295f. June 29, 1936, ch. 858, title XIII, § 1307, as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2007; Pub. L. 98–89, § 4(b), Aug. 26, 1983, 97 Stat. 603. The text of 46 App. U.S.C. 1295f(d) is omitted because it apparently was intended to apply to former 46 App. U.S.C. 1295f(c), which was repealed in 1983. § 51703. Additional training (a) GENERAL AUTHORITY.—The Secretary of Transportation may provide additional training on maritime subjects to supplement other train- ing opportunities and make the training avail- able to the personnel of the merchant marine of the United States and individuals preparing for a career in the merchant marine of the United States. (b) EQUIPMENT, SUPPLIES, AND CONTRACTS.— The Secretary may— (1) prepare or buy equipment or supplies re- quired for the additional training; and (2) without regard to section 6101(b) to (d) of title 41, make contracts for services the Sec- retary considers necessary to prepare the equipment and supplies and to supervise and administer the additional training. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1583; Pub. L. 111–350, § 5(n), Jan. 4, 2011, 124 Stat. 3853.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51703 .......... 46 App.:1295d(a), (b). June 29, 1936, ch. 858, title XIII, § 1305(a), (b), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2006. In subsection (a), before paragraph (1), the words ‘‘as the Secretary deems necessary’’ are omitted as unnec- essary. In subsection (b), the words ‘‘with any

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Page 384 TITLE 46—SHIPPING § 51703 (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1582.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51702 .......... 46 App.:1295f. June 29, 1936, ch. 858, title XIII, § 1307, as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2007; Pub. L. 98–89, § 4(b), Aug. 26, 1983, 97 Stat. 603. The text of 46 App. U.S.C. 1295f(d) is omitted because it apparently was intended to apply to former 46 App. U.S.C. 1295f(c), which was repealed in 1983. § 51703. Additional training (a) GENERAL AUTHORITY.—The Secretary of Transportation may provide additional training on maritime subjects to supplement other train- ing opportunities and make the training avail- able to the personnel of the merchant marine of the United States and individuals preparing for a career in the merchant marine of the United States. (b) EQUIPMENT, SUPPLIES, AND CONTRACTS.— The Secretary may— (1) prepare or buy equipment or supplies re- quired for the additional training; and (2) without regard to section 6101(b) to (d) of title 41, make contracts for services the Sec- retary considers necessary to prepare the equipment and supplies and to supervise and administer the additional training. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1583; Pub. L. 111–350, § 5(n), Jan. 4, 2011, 124 Stat. 3853.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51703 .......... 46 App.:1295d(a), (b). June 29, 1936, ch. 858, title XIII, § 1305(a), (b), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2006. In subsection (a), before paragraph (1), the words ‘‘as the Secretary deems necessary’’ are omitted as unnec- essary. In subsection (b), the words ‘‘with any person, part- nership, firm, association, or corporation’’ and ‘‘the performance of’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2011—Subsec. (b)(2). Pub. L. 111–350 substituted ‘‘sec- tion 6101(b) to (d) of title 41’’ for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’. § 51704. Training for maritime oil pollution pre- vention, response, and clean-up (a) ASSISTANCE IN ESTABLISHING PROGRAM.— The Secretary of Transportation shall assist maritime training institutions approved by the Secretary in establishing a training program for maritime oil pollution prevention, response, and clean-up. (b) PROVIDING TRAINING VESSELS.—Subject to subsection (c), the Secretary may provide, with title free of all liens, to maritime training insti- tutions that have a program established under subsection (a), offshore supply vessels and tug/ supply vessels that were built in the United States and are in the possession of the Maritime Administration because of a default on a loan guaranteed under chapter 537 of this title. (c) REQUIREMENTS.—In addition to any other requirements the Secretary considers appro- priate, the following requirements apply to ves- sels provided under this section: (1) The vessel shall be offered to the institu- tion at a location selected by the Secretary. (2) The institution shall use the vessel to train students and appropriate maritime in- dustry personnel in oil spill prevention, re- sponse, clean-up, and related skills. (3) The institution shall make the vessel and qualified students available to appropriate Federal, State, and local oil spill response au- thorities when there is a maritime oil spill. (4) The institution may not sell, trade, char- ter, donate, scrap, or in any way alter or dis- pose of the vessel without prior approval of the Secretary. (5) The institution may not use the vessel in competition with a privately-owned vessel documented under chapter 121 of this title or titled under the law of a State, unless nec- essary to carry out this section. (6) When the institution can no longer use the vessel for its training program, the insti- tution shall return the vessel to the Secretary. The Secretary shall take possession at the in- stitution and thereafter may provide the ves- sel to another institution under this section or dispose of the vessel. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1583.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51704(a) ...... 46 App.:1295d(c)(1). June 29, 1936, ch. 858, title XIII, § 1305(c), as added Pub. L. 101–595, title VII, § 712, Nov. 16, 1990, 104 Stat. 2998. 51704(b) ...... 46 App.:1295d(c) (2)(A), (4). 51704(c) ...... 46 App.:1295d(c) (2)(B), (3). In subsection (c)(5), the words ‘‘or titled under the law of a State’’ are substituted for ‘‘documented under the laws of . . . any State’’ for consistency with the terminology in 46 U.S.C. 2101(46) (which is being moved to chapter 1 of the revised title) and 46 U.S.C. ch. 125. § 51705. Training for use of force against piracy The Secretary of Transportation, in consulta- tion with the Secretary of Defense and the Sec- retary of the department in which the Coast Guard is operating, shall certify a training cur- riculum for United States mariners on the use of force against pirates. The curriculum shall in- clude— (1) information on waters designated as high-risk waters by the Commandant of the Coast Guard; (2) information on current threats and pat- terns of attack by pirates; (3) tactics for defense of a vessel, including instruction on the types, use, and limitations of security equipment; (4) standard rules for the use of force for self-defense as developed by the Secretary of the department in which the Coast Guard is operating under section 912(c) of the Coast Page 385 TITLE 46—SHIPPING § 51706 Guard Authorization Act of 2010 (Public Law 111–281; 46 U.S.C. 8107 note), including instruc- tion on firearm safety for crewmembers of ves- sels carrying cargo under section 55305 of this title; and (5) procedures to follow to improve crew- member survivability if captured and taken hostage by pirates. (Added Pub. L. 112–213, title V, § 502(a), Dec. 20, 2012, 126 Stat. 1574.) Statutory Notes and Related Subsidiaries DEADLINE Pub. L. 112–213, title V, § 502(b), Dec. 20, 2012, 126 Stat. 1575, provided that: ‘‘The Secretary of Transportation shall certify the curriculum required under the amend- ment made by subsection (a) [enacting this section] not later than 270 days after the date of enactment of this Act [Dec. 20, 2012].’’ § 51706. Centers of excellence for domestic mari- time workforce training and education (a) DESIGNATION.— (1) IN GENERAL.—The Secretary of Transpor- tation, after consultation with the Coast Guard, may designate, for a 5-year period, as a center of excellence for domestic maritime workforce training and education an entity which is a covered training entity. (2) WITHDRAWAL OF DESIGNATION.—The Sec- retary of Transportation may withdraw a des- ignation as a center of excellence for domestic maritime workforce training and education of a covered training entity upon discovery of ad- verse information, including discovery of in- formation that the covered training entity has engaged in fraudulent or unlawful activities, or has been subjected to disciplinary or ad- verse administrative action by Federal, State, or other regulatory bodies. (b) GRANT PROGRAM.— (1) IN GENERAL.—The Secretary may award a maritime career training grant to a center of excellence designated under subsection (a) for the purpose of developing, offering, or improv- ing career and technical education or training programs related to the United States mari- time industry for United States workers. (2) GRANT PROPOSAL.—To be eligible to re- ceive a grant under this subsection, a center of excellence designated under subsection (a) shall submit to the Secretary a grant proposal that includes a detailed description of— (A) the specific project proposed to be funded by the grant, including a description of the manner in which the grant will be used to develop, offer, or improve a career and technical education or training program that is suited to United States maritime in- dustry workers; (B) the extent to which the project for which the grant proposal is submitted will meet the educational or career training needs of United States maritime industry workers; (C) any previous experience of the center of excellence in providing United States maritime industry career and technical edu- cation or training programs; (D) how the project proposed to be funded by the grant would address shortcomings in existing educational or career training op- portunities available to United States mari- time industry workers; and (E) the extent to which employers, includ- ing small and medium-sized firms, have dem- onstrated a commitment to employing United States maritime industry workers who would benefit from the project for which the grant proposal is submitted. (3) CRITERIA FOR AWARD OF GRANTS.—Subject to the appropriation of funds to carry out this section, the Secretary shall award grants under this subsection to centers of excellence based on— (A) an determination of the merits of a grant proposal submitted under paragraph (2) to develop, offer, or improve career and technical education or training programs to be made available to United States maritime industry workers; (B) an evaluation of the likely employ- ment opportunities available to United States maritime industry workers who com- plete a maritime career and technical edu- cation or training program that a center proposes to develop, offer, or improve; and (C) an evaluation of prior demand for training programs by workers served by cen- ters of excellence designated under sub- section (a), as well as the availability and capacity of existing maritime training pro- grams to meet future demand for training programs. (4) COMPETITIVE AWARDS.— (A) IN GENERAL.—The Secretary shall award grants under this subsection to cen- ters of excellence designated under sub- section (a) on a competitive basis. (B) TIMING OF GRANT NOTICE.—The Sec- retary shall post a Notice of Funding Oppor- tunity regarding grants awarded under this subsection not more than 90 days after the date of the enactment of the appropriations Act for the fiscal year concerned. (C) TIMING OF GRANTS.—The Secretary shall award grants under this subsection not later than 270 days after the date of the en- actment of the appropriations Act for the fiscal year concerned. (D) REUSE OF UNEXPENDED GRANT FUNDS.— Notwithstanding subparagraph (C), amounts awarded as a grant under this subsection that are not expended by the grantee shall remain available to the Secretary for use for grants under this subsection. (E) ADMINISTRATIVE COSTS.—Not more than 3 percent of amounts made available to carry out this subsection may be used for the necessary costs of grant administration. (F) PROHIBITED USE.—A center of excel- lence designated under subsection (a) that has received funds awarded under section 54101(a)(2) for training purposes for a fiscal year shall not be eligible for grants under this subsection during the same fiscal year. (5) ELIGIBLE USES OF GRANT FUNDS.—A center of excellence receiving a grant under this sub- section shall—

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 2101 — General definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 2101 — General definitions

Page 18 TITLE 46—SHIPPING § 2101 1 See References in Text note below. Chapter Sec. 83. Masters and Officers .......................... 8301 85. Pilots ...................................................... 8501 87. Unlicensed Personnel ........................ 8701 89. Small Vessel Manning ........................ 8901 91. Tank Vessel Manning Standards .... 9101 93. Great Lakes Pilotage .......................... 9301 PART G—MERCHANT SEAMEN PROTECTION AND RELIEF 101. General .................................................. 10101 103. Foreign and Intercoastal Voyages .. 10301 105. Coastwise Voyages .............................. 10501 106. Fishing Voyages ................................... 10601 107. Effects of Deceased Seamen ............. 10701 109. Proceedings on Unseaworthiness ... 10901 111. Protection and Relief ......................... 11101 112. Merchant Mariner Benefits .............. 11201 113. Official Logbooks ................................ 11301 115. Offenses and Penalties ...................... 11501 PART H—IDENTIFICATION OF VESSELS 121. Documentation of Vessels ................. 12101 123. Numbering Undocumented Vessels 12301 125. Vessel Identification System ............ 12501 PART I—STATE BOATING SAFETY PROGRAMS 131. Recreational Boating Safety ............ 13101 PART J—MEASUREMENT OF VESSELS 141. General .................................................. 14101 143. Convention Measurement ................. 14301 145. Regulatory Measurement .................. 14501 147. Penalties ................................................ 14701 PART K—NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES 151. National Maritime Transportation Advisory Committees ...................... 15101 Editorial Notes AMENDMENTS 2022—Pu

Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 2101

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 51705 — Training for use of force against piracy

The Secretary of Transportation, in consultation with the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, shall certify a training curriculum for United States mariners on the use of force against pirates. The curriculum shall include— (1) information on waters designated as high-risk waters by the Commandant of the Coast Guard; (2) information on current threats and patterns of attack by pirates; (3) tactics for defense of a vessel, including instruction on the types, use, and limitations of security equipment; (4) standard rules for the use of force for self-defense as developed by the Secretary of the department in which the Coast Guard is operating under section 912(c) of the Coast Guard Authorization Act of 2010 (Public Law 111–281; [46 U.S.C. 8107](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section8107&num=0&edition=prelim) note), including instruction on firearm safety for crewmembers of vessels carrying cargo under [section 55305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim); and (5) procedures to follow to improve crewmember survivability if captured and taken hostage by pirates.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 8107 — Use of force against piracy

**(a) Limitation on Liability.—** An owner, operator, time charterer, master, mariner, or individual who uses force or authorizes the use of force to defend a vessel of the United States against an act of piracy shall not be liable for monetary damages for any injury or death caused by such force to any person engaging in an act of piracy if such force was in accordance with standard rules for the use of force in self-defense of vessels prescribed by the Secretary. **(b) Promotion of Coordinated Action.—** To carry out the purpose of this section, the Secretary of the department in which the Coast Guard is operating shall work through the International Maritime Organization to establish agreements to promote coordinated action among flag- and port-states to deter, protect against, and rapidly respond to piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those established by subsection (a). **(c) Definition.—** For the purpose of this section, the term “act of piracy” means any act of aggression, search, restraint, depredation, or seizure attempted against a vessel of the United States by an individual not authorized by the United States, a foreign government, or an international organization recognized by the United States to enforce law on the high seas.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 8107 — Use of force against piracy

Page 158 TITLE 46—SHIPPING § 8107 shall be discharged from the vessel at the next port of call reached by the vessel after the date on which the 60-workday limit is reached. (2) CALCULATION.—For the purpose of calcu- lating the 60-workday limit under this sub- section, each day worked by a riding gang member who is neither a United States citizen nor an alien lawfully admitted to the United States for permanent residence shall be count- ed against the limitation. (d) EXCEPTIONS FOR WARRANTY WORK.— (1) IN GENERAL.—Subsections (b), (c), (e), and (f) do not apply to a riding gang member em- ployed exclusively to perform, and who per- forms only, work that is— (A) customarily performed by original equipment manufacturers’ technical rep- resentatives; (B) required by a manufacturer’s warranty on specific machinery and equipment; or (C) required by a contractual guarantee or warranty on actual repairs performed in a shipyard located outside of the United States. (2) CITIZENSHIP REQUIREMENT.—Subsection (a)(1)(A) applies only to a riding gang member described in paragraph (1) who is on the vessel when it calls at a United States port. (e) RECORDKEEPING.—In addition to the re- quirements of subsection (a), the owner or man- aging operator of a vessel to which subsection (a) applies shall ensure that all information nec- essary to ensure compliance with this section, as determined by the Secretary, is entered into the vessel’s official logbook required by chapter 113. (f) FAILURE TO EMPLOY QUALIFIED AVAILABLE U.S. CITIZENS OR RESIDENTS.— (1) IN GENERAL.—The owner or operator of a vessel to which subsection (a) applies may not employ a riding gang member who is neither a United States citizen nor an alien lawfully ad- mitted to the United States for perm

Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 8107

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