46 U.S.C. § 51307 — Places of training
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 513 words · no verdicts yet
Academy cadets may train on specified Government, documented, industrial, educational, and other appropriate vessels or sites. Certain security-fleet and Military Sealift Command operators must carry cadets unless exceptions or waivers apply.
(a) The Secretary may train cadets: (1) on Government-owned, subsidized, or contracted vessels; (2) on other documented vessels with owner permission; (3) in shipyards, plants, or industrial or educational organizations; and (4) on another vessel* the Secretary finds necessary, appropriate, or in the national interest. (b)(1) Operators of Maritime Security Program, Cable Security Fleet, or Tanker Security Fleet vessels must carry two Academy* cadets on each vessel on each voyage if available and follow policies, programs, criteria, and requirements under section 51322. (2) The Maritime Administrator may treat failure as an operating-agreement violation and require correction or withhold payment until corrected. (3) Withheld payment may be paid after the Administrator finds compliance. (c)(1) Except under paragraph (2), the Military Sealift Command Commander must require two cadets on each qualifying Navy Military Sealift Command vessel on each voyage if available, when it is United States-flagged and at least 10,000 gross tons. (2) The Commander may waive this if carrying a cadet would impose an undue burden. (d) “Operator” includes Government and nongovernment operators. (e) Nothing changes the Secretary’s discretion to place a cadet, Coast Guard authority over an approved vessel-security plan, or the vessel master’s safety discretion.
The Secretary of Transportation may provide for the training of cadets at the United States Merchant Marine Academy*—
on vessels owned, subsidized by, or contracted with the United States Government;
on other documented vessels, with the permission of the owner;
in shipyards or plants and with industrial or educational organizations; and
on any other vessel* considered by the Secretary to be necessary or appropriate or in the national interest.
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; and
implement and adhere to policies, programs, criteria, and requirements established pursuant to section 51322 of this title.
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—
require the operator to take corrective actions; or
withhold payment due to the operator until the violation, as determined by the Maritime Administrator, has been remedied.
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).
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—
is flagged in the United States; and
is rated at 10,000 gross tons or higher.
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.
In this section, the term “operator” includes a government operator and a non-government operator.
Nothing in this section may be construed as affecting—
the discretion of the Secretary to determine whether to place a United States Merchant Marine Academy cadet on a vessel;
the authority of the Coast Guard regarding a vessel security plan approved under section 70103; or
the discretion of the master of the vessel to ensure the safety of all crew members.
Source credit: (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1574; Pub. L. 109–241, title III, § 307, July 11, 2006, 120 Stat. 528; Pub. L. 110–181, div. C, title XXXV, § 3525(a)(3), (b), Jan. 28, 2008, 122 Stat. 600, 601; Pub. L. 115–232, div. C, title XXXV, § 3512, Aug. 13, 2018, 132 Stat. 2311; Pub. L. 116–283, div. C, title XXXV, § 3506, Jan. 1, 2021, 134 Stat. 4405; Pub. L. 117–263, div. C, title XXXV, § 3517(a)(1), Dec. 23, 2022, 136 Stat. 3073.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1574
- 2006Amended · Pub. L. 109-241 · 120 Stat. 528
- 2008Amended · Pub. L. 110-181 · 122 Stat. 600, 601
- 2018Amended · Pub. L. 115-232 · 132 Stat. 2311
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4405
- 2022Amended · Pub. L. 117-263 · 136 Stat. 3073
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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