---
kind: "section"
citation: "46 U.S.C. § 51103"
title: "46"
title_heading: "Shipping"
number: "51103"
heading: "General authority of Secretary of Transportation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/51103"
units:
  - "Subtitle V — Merchant Marine"
  - "Part B — Merchant Marine Service"
  - "Chapter 511 — General"
---

# §51103. General authority of Secretary of Transportation

- (a) **Education and Training.—** The [Secretary](/usc/46/53101.md?p=8) of Transportation may provide for the education and training of citizens of the [United States](/usc/46/53101.md?p=10) for the safe and efficient operation of the merchant marine of the [United States](/usc/46/53101.md?p=10) at all times, including operation as a naval and military auxiliary in time of war or national emergency.
- (b) **Property for Instructional Purposes.—**
  - (1) **In general.—** The [Secretary](/usc/46/53101.md?p=8) may cooperate with and assist the institutions named in [paragraph (2)](#b-2) by making [vessels](/usc/46/53501.md?p=9), fuel, shipboard equipment, and other marine equipment, owned by the [United States](/usc/46/53101.md?p=10) 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](/usc/46/53101.md?p=8) considers appropriate. The consent of the [Secretary](/usc/46/53101.md?p=8) of the Navy shall be obtained with respect to any property from National Defense Reserve [Fleet](/usc/46/53101.md?p=3) [vessels](/usc/46/53501.md?p=9), if such [vessels](/usc/46/53501.md?p=9) are either Ready Reserve Force [vessels](/usc/46/53501.md?p=9) or other National Defense Reserve [Fleet](/usc/46/53101.md?p=3) [vessels](/usc/46/53501.md?p=9) determined to be of sufficient value to the Navy to warrant their further preservation and retention.
  - (2) **Institutions.—** The institutions referred to in [paragraph (1)](#b-1) are—
    - (A) the [United States](/usc/46/53101.md?p=10) Merchant Marine [Academy](/usc/46/51102.md?p=1);
    - (B) a [State maritime academy](/usc/46/51102.md?p=4); 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](/usc/46/53101.md?p=10), or a unit of local government thereof jointly approved by the [Secretary](/usc/46/53101.md?p=8) of Transportation and the [Secretary](/usc/46/53101.md?p=8) of the department in which the [Coast Guard](/usc/46/2101.md?p=2) is operating as offering training courses that meet Federal regulations for maritime training.
- (c) **Assistance From Other Agencies.—**
  - (1) **In general.—** The [Secretary](/usc/46/53101.md?p=8) of Transportation may secure directly from an agency, on a reimbursable basis, information, facilities, and equipment necessary to carry out this part.
  - (2) **Detailing personnel.—** At the request of the [Secretary](/usc/46/53101.md?p=8), the head of an agency (including a military department) may detail, on a reimbursable basis, personnel from the agency to the [Secretary](/usc/46/53101.md?p=8) to assist in carrying out this part.
- (d) **Academy Personnel.—** To carry out this part, the [Secretary](/usc/46/53101.md?p=8) may—
  - (1) employ an individual as a professor, lecturer, or instructor at the [Academy](/usc/46/51102.md?p=1), without regard to the provisions of [title 5](/usc/5.md) governing appointments in the competitive service; and
  - (2) pay the individual without regard to [chapter 51](/usc/46/chstII/ptC/ch51.md) and subchapter III of chapter 53 of title 5.
- (e) **Donation for Historical Purposes.—**
  - (1) **In general.—** The [Secretary](/usc/46/53101.md?p=8) may convey the right, title, and interest of the [United States](/usc/46/53101.md?p=10) Government in any property administered by the Maritime Administration, except real estate or [vessels](/usc/46/53501.md?p=9), if—
    - (A) the [Secretary](/usc/46/53101.md?p=8) 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](/usc/46/2101.md?p=17), 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](/usc/46/53101.md?p=8) for approval;
      - (iv) has provided to the [Secretary](/usc/46/53101.md?p=8) proof, as determined by the [Secretary](/usc/46/53101.md?p=8), of resources sufficient to accomplish the intended use provided under [clause (iii)](#e-1-B-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](/usc/46/53101.md?p=8), 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](/usc/46/53101.md?p=8), retain, sell, or otherwise dispose of the property in a manner consistent with applicable law; and
      - (vi) agrees to any additional terms the [Secretary](/usc/46/53101.md?p=8) considers appropriate.
  - (2) **Reversion.—** The [Secretary](/usc/46/53101.md?p=8) shall include in any conveyance under this subsection terms under which all right, title, and interest conveyed by the [Secretary](/usc/46/53101.md?p=8) shall revert to the Government if the [Secretary](/usc/46/53101.md?p=8) determines the property has been used other than as approved by the [Secretary](/usc/46/53101.md?p=8) under [paragraph (1)(B)(iii)](#e-1-B-iii).

## Source credit

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1569; Pub. L. 112–213, title IV, § 404, Dec. 20, 2012, 126 Stat. 1570; Pub. L. 113–281, title III, § 302, Dec. 18, 2014, 128 Stat. 3042.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (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”.