46 U.S.C. § 54101 — Assistance for small shipyards

Page 466 TITLE 46—SHIPPING § 53911 of or against the United States and pay the amount of any judgment rendered against the United States in any suit, or the amount of any settlement agreed upon, in respect of any claim under insurance authorized by this subchapter’’ to eliminate unnecessary words. § 53911. Civil actions for losses (a) IN GENERAL.—If there is a disagreement about a loss insured under this chapter, a civil action in admiralty may be brought against the United States in the district court of the United States for the district in which the plaintiff or the plaintiff’s agent resides. If the plaintiff has no residence in the United States, the action may be brought in the United States District Court for the District of Columbia or in the dis- trict court for any district in which the Attor- ney General agrees to accept service. Any per- son who may have an interest in the insurance may be made a party, either initially or on the motion of either party. (b) EXCLUSIVE REMEDY.—A civil action against the United States under this section is exclusive of any other action by reason of the same sub- ject matter against an officer, employee, or agent employed or retained by the Government under this chapter. (c) PROCEDURE.—A civil action under this sec- tion shall be heard and determined under chap- ter 309 of this title. (d) TOLLING OF LIMITATIONS PERIOD.—If a claim is filed with the Secretary of Transpor- tation, the running of the limitations period for bringing a civil action is suspended until the Secretary denies the claim, and for 60 days thereafter. The Secretary is deemed to have de- nied the claim if the Secretary does not act on the claim within 6 months after the claim is filed, unless the Secretary for good cause shown agrees with the claimant on a different period for the Secretary to act on the claim. (e) INTERPLEADER.—If the Secretary acknowl- edges the indebtedness of the Government under the insurance and there is a dispute about the persons entitled to receive payment, the Gov- ernment may bring a civil action interpleading those persons. The action shall be brought in the United States District Court for the District of Columbia or in the district court for the district in which any of those persons resides. A person not residing or found in the district may be made a party by service in any reasonable man- ner the court directs. If the court is satisfied that unknown persons might make a claim under the insurance, the court may direct serv- ice on those unknown persons by publication in the Federal Register. Judgment after service by publication in the Federal Register discharges the Government from further liability to all per- sons. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1631.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 53911 .......... 46 App.:1292. June 29, 1936, ch. 858, title XII, § 1212, as added Sept. 7, 1950, ch. 906, 64 Stat. 776. [§ 53912. Repealed. Pub. L. 115–232, div. C, title XXXV, § 3504(a), Aug. 13, 2018, 132 Stat. 2308] Section, Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1632; Pub. L. 110–417, div. C, title XXXV, § 3509, Oct. 14, 2008, 122 Stat. 4769; Pub. L. 113–66, div. C, title XXXV, § 3502, Dec. 26, 2013, 127 Stat. 1085, set an expiration date of authority to provide insurance and reinsurance under this chapter. CHAPTER 541—MISCELLANEOUS Sec. 54101. Assistance for small shipyards. Editorial Notes PRIOR PROVISIONS A prior chapter 541, Miscellaneous, consisting of sec- tion 54101 and relating to assistance for small shipyards and maritime communities, added by Pub. L. 110–181, div. C, title XXXV, § 3523(a)(6)(A), Jan. 28, 2008, 122 Stat. 599, was repealed by Pub. L. 110–417, div. C, title XXXV, § 3508(b), Oct. 14, 2008, 122 Stat. 4769, as amended by Pub. L. 111–84, div. A, title X, § 1073(c)(14), Oct. 28, 2009, 123 Stat. 2475, effective Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted. AMENDMENTS 2023—Pub. L. 118–31, div. C, title XXXV, § 3514(h), Dec. 22, 2023, 137 Stat. 811, amended chapter analysis gen- erally, reenacting heading and item 54101 without change and inserting a period after ‘‘Sec’’. 2021—Pub. L. 116–283, div. C, title XXXV, § 3507(b)(1), Jan. 1, 2021, 134 Stat. 4405, struck out item 54102 ‘‘Cen- ters of excellence for domestic maritime workforce training and education’’. 2017—Pub. L. 115–91, div. C, title XXXV, §§ 3505(b), 3507(b), Dec. 12, 2017, 131 Stat. 1914, 1915, substituted ‘‘Assistance for small shipyards’’ for ‘‘Assistance for small shipyards and maritime communities’’ in item 54101 and added item 54102. § 54101. Assistance for small shipyards (a) ESTABLISHMENT OF PROGRAM.—Subject to the availability of appropriations, the Adminis- trator of the Maritime Administration shall exe- cute agreements with shipyards to provide as- sistance— (1) in the form of grants, loans, and loan guarantees to small shipyards for capital im- provements; and (2) for maritime training programs to foster technical skills and operational productivity relating to shipbuilding, ship repair, and asso- ciated 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 recon- figuration; and (B) employee skills and enhanced produc- tivity related to shipbuilding, ship repair, and associated industries. (2) TIMING OF GRANT NOTICE.—The Adminis- trator shall post a Notice of Funding Oppor- tunity 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 Page 467 TITLE 46—SHIPPING § 54101 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 improve- ments in small shipyards; and (B) provide training for workers in ship- building, ship repair, and associated indus- tries. (2) ADMINISTRATIVE COSTS.—Not more than 2 percent of amounts made available to carry out the program may be used for the necessary costs of grant administration. (d) PROHIBITED USES.— (1) IN GENERAL.—Grants awarded under this section may not be used to construct buildings or other physical facilities or to acquire land. (2) BUY AMERICA.— (A) IN GENERAL.—Subject to subparagraph (B), no funds may be obligated by the Ad- ministrator of the Maritime Administration under this section, unless each product and material purchased with those funds (includ- ing products and materials purchased by a grantee), and including any commercially available off-the-shelf item, is— (i) an unmanufactured article, material, or supply that has been mined or produced in the United States; or (ii) a manufactured article, material, or supply that has been manufactured in the United States substantially all from arti- cles, materials, or supplies mined, pro- duced, or manufactured in the United States. (B) EXCEPTIONS.— (i) IN GENERAL.—Notwithstanding sub- paragraph (A), the requirements of that subparagraph shall not apply with respect to a particular product or material if the Administrator determines— (I) that the application of those re- quirements would be inconsistent with the public interest; (II) that such product or material is not available in the United States in suf- ficient and reasonably available quan- tities, of a satisfactory quality, or on a timely basis; or (III) that inclusion of a domestic prod- uct or material will increase the cost of that product or material by more than 25 percent, with respect to a certain con- tract between a grantee and that grant- ee’s supplier. (ii) FEDERAL REGISTER.—A determination made by the Administrator under this sub- paragraph shall be published in the Fed- eral Register. (C) DEFINITIONS.—ln this paragraph: (i) The term ‘‘commercially available off-the-shelf item’’ means— (I) any item of supply (including con- struction material) that is— (aa) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020); and (bb) sold in substantial quantities in the commercial marketplace; and (II) does not include bulk cargo, as de- fined in section 40102(4) of this title, such as agricultural products and petroleum products. (ii) The term ‘‘product or material’’ means an article, material, or supply brought to the site by the recipient for in- corporation into the building, work, or project. The term also includes an item brought to the site preassembled from ar- ticles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete sys- tems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and dis- tinct construction material regardless of when or how the individual parts or com- ponents of those systems are delivered to the construction site. (iii) The term ‘‘United States’’ includes the District of Columbia, the Common- wealth of Puerto Rico, the Northern Mar- iana Islands, Guam, American Samoa, and the Virgin Islands. (e) MATCHING REQUIREMENTS; ALLOCATION.— (1) FEDERAL FUNDING.—Federal funds for any eligible project under this section shall not ex- ceed 75 percent of the total cost of such project. (2) ALLOCATION OF FUNDS.— (A) IN GENERAL.—The Administrator may not award more than 25 percent of the funds made available to carry out this section for any fiscal year to any small shipyard in one geographic location that has more than 600 employees. (B) INELIGIBILITY.—A maritime training center that has received funds awarded under section 51706 of title 46, United States Code, shall not be eligible for grants under this subsection for training purposes in the same fiscal year. (f) APPLICATIONS.— (1) IN GENERAL.—To be eligible for assistance under this section, an applicant shall submit an application, in such form, and containing such information and assurances as the Ad- ministrator may require, within 60 days after the date of enactment of the appropriations Act for the fiscal year concerned. (2) MINIMUM STANDARDS FOR PAYMENT OR RE- IMBURSEMENT.—Each application submitted under paragraph (1) shall include a comprehen- sive description of— (A) the need for the project; Page 468 TITLE 46—SHIPPING § 54101 (B) the methodology for implementing the project; and (C) any existing programs or arrangements that can be used to supplement or leverage assistance under the program. (3) PROCEDURAL SAFEGUARDS.—The Adminis- trator, in consultation with the Office of the Inspector General, shall issue guidelines to es- tablish appropriate accounting, reporting, and review procedures to ensure that— (A) grant funds are used for the purposes for which they were made available; (B) grantees have properly accounted for all expenditures of grant funds; and (C) grant funds not used for such purposes and amounts not obligated or expended are returned. (4) PROJECT APPROVAL REQUIRED.—The Ad- ministrator may not award a grant under this section unless the Administrator determines that— (A) sufficient funding is available to meet the matching requirements of subsection (e); (B) the project will be completed without unreasonable delay; and (C) the recipient has authority to carry out the proposed project. (g) AUDITS AND EXAMINATIONS.—All grantees under this section shall maintain such records as the Administrator may require and make such records available for review and audit by the Administrator. (h) SMALL SHIPYARD DEFINED.—In this section, the term ‘‘small shipyard’’ means a shipyard fa- cility in one geographic location that does not have more than 1,200 employees. (Added Pub. L. 110–417, div. C, title XXXV, § 3508(a), Oct. 14, 2008, 122 Stat. 4767; amended Pub. L. 113–281, title III, § 303, Dec. 18, 2014, 128 Stat. 3043; Pub. L. 115–91, div. C, title XXXV, §§ 3501(b), 3505(a), Dec. 12, 2017, 131 Stat. 1909, 1913; Pub. L. 115–232, div. C, title XXXV, §§ 3511, 3546(r), Aug. 13, 2018, 132 Stat. 2311, 2327; Pub. L. 116–92, div. C, title XXXV, § 3507(a), (b), Dec. 20, 2019, 133 Stat. 1974, 1976; Pub. L. 116–283, div. C, title XXXV, § 3501(c)(2), Jan. 1, 2021, 134 Stat. 4397; Pub. L. 117–263, div. C, title XXXV, § 3532(d), Dec. 23, 2022, 136 Stat. 3092; Pub. L. 118–159, div. C, title XXXV, § 3535(b), Dec. 23, 2024, 138 Stat. 2314.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsec. (d)(2)(C)(i)(I)(aa), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019. PRIOR PROVISIONS A prior section 54101, added and amended Pub. L. 110–181, div. C, title XXXV, § 3523(a)(6)(B)–(D), Jan. 28, 2008, 122 Stat. 599, which related to assistance for small shipyards and maritime communities, was repealed by Pub. L. 110–417, div. C, title XXXV, § 3508(b), Oct. 14, 2008, 122 Stat. 4769, as amended by Pub. L. 111–84, div. A, title X, § 1073(c)(14), Oct. 28, 2009, 123 Stat. 2475, effec- tive Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted. AMENDMENTS 2024—Subsec. (i). Pub. L. 118–159 struck out subsec. (i). Text read as follows: ‘‘There are authorized to be appropriated to the Administrator of the Maritime Ad- ministration for fiscal year 2021 to carry out this sec- tion $20,000,000.’’ 2022—Subsec. (e)(2). Pub. L. 117–263 added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘The Administrator may not award more than 25 percent of the funds appropriated to carry out this section for any fiscal year to any small ship- yard in one geographic location that has more than 600 employees.’’ 2021—Subsec. (i). Pub. L. 116–283 substituted ‘‘for fis- cal year 2021 to carry out this section $20,000,000’’ for ‘‘for each of fiscal years 2020 and 2021 to carry out this section $40,000,000’’. 2019—Subsec. (d). Pub. L. 116–92, § 3507(a), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (i). Pub. L. 116–92, § 3507(b), substituted ‘‘2020 and 2021’’ for ‘‘2018, 2019, and 2020’’ and ‘‘$40,000,000’’ for ‘‘$35,000,000’’. 2018—Subsec. (b)(2) to (4). Pub. L. 115–232, § 3511, added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and, in par. (4), substituted ‘‘para- graph (3)’’ for ‘‘paragraph (2)’’. Subsec. (f)(2). Pub. L. 115–232, § 3546(r), added par. (2) and struck out former par. (2) consisting of subpar. (A) and cls. (i) to (iii) which related to minimum standards for payment or reimbursement. 2017—Pub. L. 115–91, § 3505(a)(1), struck out ‘‘and mari- time communities’’ after ‘‘shipyards’’ in section catch- line. Subsec. (a)(2). Pub. L. 115–91, § 3505(a)(2), substituted ‘‘relating to shipbuilding, ship repair, and associated industries.’’ for ‘‘in communities whose economies are related to or dependent upon the maritime industry.’’ Subsec. (b). Pub. L. 115–91, § 3505(a)(3), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘(b) AWARDS.—In providing assistance under the pro- gram, the Administrator shall— ‘‘(1) take into account— ‘‘(A) the economic circumstances and conditions of maritime communities; ‘‘(B) projects that would be effective in fostering efficiency, competitive operations, and quality ship construction, repair, and reconfiguration; and ‘‘(C) projects that would be effective in fostering employee skills and enhancing productivity; and ‘‘(2) make grants within 120 days after the date of enactment of the appropriations Act for the fiscal year concerned.’’ Subsec. (c)(1). Pub. L. 115–91, § 3505(a)(4), inserted ‘‘to’’ after ‘‘may be used’’ in introductory provisions, added subpars. (A) and (B), and struck out former subpars. (A) to (C) which read as follows: ‘‘(A) to make capital and related improvements in small shipyards located in or near maritime commu- nities; ‘‘(B) to provide training for workers in communities whose economies are related to the maritime industry; and ‘‘(C) for such other purposes as the Administrator de- termines to be consistent with and supplemental to such activities.’’ Subsec. (d). Pub. L. 115–91, § 3505(a)(5), struck out ‘‘un- less such use is specifically approved by the Adminis- trator in support of subsection (c)(1)(C)’’ before period at end. Subsec. (e)(1). Pub. L. 115–91, § 3505(a)(6)(C), struck out ‘‘Except as provided in paragraph (2),’’ before ‘‘Federal funds’’. Subsec. (e)(2), (3). Pub. L. 115–91, § 3505(a)(6)(A), (B), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘EXCEPTION.—If the Adminis- trator determines that a proposed project merits sup- port and cannot be undertaken without a higher per- centage of Federal financial assistance, the Adminis- trator may award a grant for such project with a lesser matching requirement than is described in paragraph (1).’’ Page 469 TITLE 46—SHIPPING § 54301 Subsec. (i). Pub. L. 115–91, § 3501(b), substituted ‘‘2018, 2019, and 2020 to carry out this section $35,000,000’’ for ‘‘2015 through 2017 to carry out this section— ‘‘(1) $5,000,000 for training grants; and ‘‘(2) $25,000,000 for capital and related improve- ments’’. 2014—Subsec. (i). Pub. L. 113–281 substituted ‘‘2015 through 2017’’ for ‘‘2009 through 2013’’ in introductory provisions. [§ 54102. Renumbered § 51706] CHAPTER 543—PORT INFRASTRUCTURE DEVELOPMENT PROGRAM Sec. 54301. Port infrastructure development program. § 54301. Port infrastructure development pro- gram (a) PORT AND INTERMODAL IMPROVEMENT PRO- GRAM.— (1) GENERAL AUTHORITY.—Subject to the availability of appropriations, the Secretary of Transportation shall make grants, on a competitive basis, to eligible applicants to as- sist in funding eligible projects for the purpose of improving the safety, efficiency, or reli- ability of the movement of goods through ports and intermodal connections to ports. (2) ELIGIBLE APPLICANT.—The Secretary may make a grant under this subsection or sub- section (b) to the following: (A) A State. (B) A political subdivision of a State, or a local government. (C) A public agency or publicly chartered authority established by 1 or more States. (D) A special purpose district with a trans- portation function. (E) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 5304), with- out regard to capitalization), or a consor- tium of Indian Tribes. (F) A multistate or multijurisdictional group of entities described in this paragraph. (G) A lead entity described in subpara- graph (A), (B), (C), (D), (E), or (F) jointly with a private entity or group of private en- tities, including the owners or operators of a facility, or collection of facilities at a port. (3) ELIGIBLE PROJECTS.—The Secretary may make a grant under this subsection— (A) for a project, or package of projects, that— (i) is either— (I) within the boundary of a port; or (II) outside the boundary of a port, but is directly related to port operations or to an intermodal connection to a port; and (ii) will be used to improve the safety, ef- ficiency, or reliability of— (I) the loading and unloading of goods at the port, such as for marine terminal equipment; (II) the movement of goods into, out of, around, or within a port, such as for highway or rail infrastructure, inter- modal facilities, freight intelligent transportation systems, and digital in- frastructure systems; (III) operational improvements, includ- ing projects to improve port resilience; (IV) environmental and emission miti- gation measures; including projects for— (aa) port electrification or elec- trification master planning; (bb) harbor craft or equipment re- placements or retrofits; (cc) development of port or terminal microgrids; (dd) providing idling reduction infra- structure; (ee) purchase of cargo handling equipment and related infrastructure; (ff) worker training to support elec- trification technology; (gg) installation of port bunkering facilities from oceangoing vessels for fuels; (hh) electric vehicle charge or hydro- gen refueling infrastructure for drayage and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or (ii) other related port activities, in- cluding charging infrastructure, elec- tric rubber-tired gantry cranes, and anti-idling technologies; or (V) port and port-related infrastruc- ture that supports seafood and seafood- related businesses, including the loading and unloading of commercially har- vested fish and fish products, seafood processing, cold storage, and other re- lated infrastructure. (B) notwithstanding paragraph (6)(A)(v), to provide financial assistance to 1 or more projects under subparagraph (A) for develop- ment phase activities, including planning, feasibility analysis, revenue forecasting, en- vironmental review, permitting, and pre- liminary engineering and design work. (4) PROHIBITED USES.—A grant award under this subsection may not be used— (A) to finance or refinance the construc- tion, reconstruction, reconditioning, or pur- chase of a vessel that is eligible for such as- sistance under chapter 537, unless the Sec- retary determines such vessel— (i) is necessary for a project described in paragraph (3)(A)(ii)(III) of this subsection; and (ii) is not receiving assistance under chapter 537; or (B) for any project within a small shipyard (as defined in section 54101). (5) APPLICATIONS AND PROCESS.— (A) APPLICATIONS.— (i) IN GENERAL.—To be eligible for a grant under this subsection or subsection (b), an eligible applicant shall submit to the Secretary an application in such form, at such time, and containing such informa- tion as the Secretary considers appro- priate. (ii) ENSURING CYBERSECURITY.—If a cov- ered applicant for a grant under this sub- section is applying to use the grant to ac- quire digital infrastructure or a software component, such applicant shall—