-CITE- 46 USC CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -MISC1- Sec. 51301. Maintenance of the Academy. 51302. Nomination and competitive appointment of cadets. 51303. Non-competitive appointments. 51304. Additional appointments from particular areas. 51305. Prohibited basis for appointment. 51306. Cadet commitment agreements. 51307. Places of training. 51308. Uniforms, textbooks, and transportation allowances. 51309. Academic degree. 51310. Deferment of service obligation under cadet commitment agreements. 51311. Midshipman status in the Navy Reserve. 51312. Board of Visitors. 51313. Advisory Board. 51314. Limitation on charges and fees for attendance. 51315. Gifts to the Merchant Marine Academy. 51316. Temporary appointments to the Academy. 51317. Adjunct professors. AMENDMENTS 2011 - Pub. L. 111-383, div. A, title X, Sec. 1075(d)(25), Jan. 7, 2011, 124 Stat. 4374, amended Pub. L. 111-84, Sec. 3503(b)(1). See 2009 Amendment note below. 2009 - Pub. L. 111-84, div. C, title XXXV, Sec. 3503(b)(1), Oct. 28, 2009, 123 Stat. 2719, as amended by Pub. L. 111-383, div. A, title X, Sec. 1075(d)(25), Jan. 7, 2011, 124 Stat. 4374, added item 51317. 2008 - Pub. L. 110-417, div. C, title XXXV, Sec. 3506(g)(2), (h)(2), Oct. 14, 2008, 122 Stat. 4765, added items 51315 and 51316. Pub. L. 110-181, div. C, title XXXV, Sec. 3523(a)(1), Jan. 28, 2008, 122 Stat. 598, substituted "Navy Reserve" for "Naval Reserve" in item 51311. -End- -CITE- 46 USC Sec. 51301 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51301. Maintenance of the Academy -STATUTE- (a) IN (!1) General. - The Secretary of Transportation shall maintain the United States Merchant Marine Academy as an institution of higher education to provide instruction to individuals to prepare them for service in the merchant marine of the United States, to conduct research with respect to maritime- related matters, and to provide such other appropriate academic support, assistance, training, and activities in accordance with the provisions of this chapter as the Secretary may authorize. (b) Recruitment. - The Secretary of Transportation may, subject to the availability of appropriations, expend funds available for United States Merchant Marine Academy operating expenses for recruiting activities, including advertising, in order to obtain recruits for the Academy and cadet applicants. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1570; Pub. L. 111-383, div. C, title XXXV, Sec. 3504, Jan. 7, 2011, 124 Stat. 4518; Pub. L. 112-81, div. C, title XXXV, Sec. 3503, Dec. 31, 2011, 125 Stat. 1716.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51301 46 App.:1295b(a). June 29, 1936, ch. 858, title XIII, Sec. 1303(a), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 1998. -------------------------------------------------------------------- AMENDMENTS 2011 - Pub. L. 112-81 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 111-383 inserted "as an institution of higher education" after "Academy" and substituted "States, to conduct research with respect to maritime-related matters, and to provide such other appropriate academic support, assistance, training, and activities in accordance with the provisions of this chapter as the Secretary may authorize." for "States." ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE AT THE UNITED STATES MERCHANT MARINE ACADEMY Pub. L. 110-417, div. C, title XXXV, Sec. 3507, Oct. 14, 2008, 122 Stat. 4765, provided that: "(a) Required Policy. - The Secretary of Transportation shall direct the Superintendent of the United States Merchant Marine Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy. "(b) Matters To Be Specified in Policy. - The policy on sexual harassment and sexual violence prescribed under this section shall include - "(1) a program to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel; "(2) procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual violence, including - "(A) a specification of the person or persons to whom an alleged occurrence of sexual harassment or sexual violence should be reported by a cadet and the options for confidential reporting; "(B) a specification of any other person whom the victim should contact; and "(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault; "(3) a procedure for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel; "(4) any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible; and "(5) required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel. "(c) Annual Assessment. - "(1) The Secretary shall direct the Superintendent to conduct an assessment at the Academy during each Academy program year, to be administered by the Department of Transportation, to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual violence involving Academy personnel. "(2) For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey, to be administered by the Department, of Academy personnel - "(A) to measure - "(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and "(ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and "(B) to assess the perceptions of Academy personnel of - "(i) the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel; "(ii) the enforcement of such policies; "(iii) the incidence of sexual harassment and sexual violence involving Academy personnel; and "(iv) any other issues relating to sexual harassment and sexual violence involving Academy personnel. "(d) Annual Report. - "(1) The Secretary shall direct the Superintendent of the Academy to submit to the Secretary a report on sexual harassment and sexual violence involving cadets or other personnel at the Academy for each Academy program year. "(2) Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following: "(A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during the program year and, of those reported cases, the number that have been substantiated. "(B) The policies, procedures, and processes implemented by the Superintendent and the leadership of the Academy in response to sexual harassment and sexual violence involving cadets or other Academy personnel during the program year. "(C) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving cadets or other Academy personnel. "(3) Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year under subsection (c)(2). "(4)(A) The Superintendent shall transmit to the Secretary, and to the Board of Visitors of the Academy, each report received by the Superintendent under this subsection, together with the Superintendent's comments on the report. "(B) The Secretary shall transmit each such report, together with the Secretary's comments on the report, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure." -FOOTNOTE- (!1) So in original. Probably should be "In". -End- -CITE- 46 USC Sec. 51302 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51302. Nomination and competitive appointment of cadets -STATUTE- (a) Requirements. - An individual may be nominated for a competitive appointment as a cadet at the United States Merchant Marine Academy only if the individual - (1) is a citizen or national of the United States; and (2) meets the minimum requirements that the Secretary of Transportation shall establish. (b) Nominators. - Nominations for competitive appointments for the positions allocated under subsection (c) may be made as follows: (1) A Senator may nominate residents of the State represented by that Senator. (2) A Member of the House of Representatives may nominate residents of the State in which the congressional district represented by that Member is located. (3) A Delegate to the House of Representatives from the District of Columbia, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa may nominate residents of the jurisdiction represented by that Delegate. (4) The Resident Commissioner to the United States from Puerto Rico may nominate residents of Puerto Rico. (5) The Panama Canal Commission may nominate - (A) residents, or sons or daughters of residents, of an area or installation in Panama and made available to the United States under the Panama Canal Treaty of 1977, the agreements relating to and implementing that Treaty, signed September 7, 1977, and the Agreement Between the United States of America and the Republic of Panama Concerning Air Traffic Control and Related Services, concluded January 8, 1979; and (B) sons or daughters of personnel of the United States Government and the Panama Canal Commission residing in Panama. (c) Allocation of Positions. - Positions for competitive appointments shall be allocated each year as follows: (1) Positions shall be allocated for residents of each State nominated by the Members of Congress from that State in proportion to the representation in Congress from that State. (2) Four positions shall be allocated for residents of the District of Columbia nominated by the Delegate to the House of Representatives from the District of Columbia. (3) One position each shall be allocated for residents of the Virgin Islands, Guam, and American Samoa nominated by the Delegates to the House of Representatives from the Virgin Islands, Guam, and American Samoa, respectively. (4) One position shall be allocated for a resident of Puerto Rico nominated by the Resident Commissioner to the United States from Puerto Rico. (5) One position shall be allocated for a resident of the Northern Mariana Islands nominated by the Governor of the Northern Mariana Islands. (6) Two positions shall be allocated for individuals nominated by the Panama Canal Commission. (d) Competitive System for Appointment. - (1) Establishment of system. - The Secretary shall establish a competitive system for selecting individuals nominated under subsection (b) to fill the positions allocated under subsection (c). The system must determine the relative merit of each individual based on competitive examinations, an assessment of the individual's academic background, and other effective indicators of motivation and probability of successful completion of training at the Academy. (2) Appointments by jurisdiction. - The Secretary shall appoint individuals to fill the positions allocated under subsection (c) for each jurisdiction in the order of merit of the individuals nominated from that jurisdiction. (3) Remaining unfilled positions. - If positions remain unfilled after the appointments are made under paragraph (2), the Secretary shall appoint individuals to fill the positions in the order of merit of the remaining individuals nominated from all jurisdictions. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1570; Pub. L. 111-383, div. C, title XXXV, Sec. 3503, Jan. 7, 2011, 124 Stat. 4518.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51302(a) 46 App.:1295b(b) June 29, 1936, ch. 858, (1)(A). title XIII, Sec. 1303(b)(1)-(3)(A), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 1998; Pub. L. 101-595, title VII, Sec. 708(1), (2), Nov. 16, 1990, 104 Stat. 2995. 46 App.:1295b(b)(2) (A) (related to nominations). 51302(b) 46 App.:1295b(b)(1) (less cl. (A)). 46 App.:1295b(b)(3) (A)(ii) (related to who may be nominated). 51302(c) 46 App.:1295b(b)(3) (A) (less (ii) (related to who may be nominated)). 51302(d) 46 App.:1295b(b)(2) (A) (related to selection), (B), (3)(B), (C). -------------------------------------------------------------------- In subsection (b)(6)(A), the words "residents, or sons or daughters of residents, of an area or installation" are substituted for "a resident of the area or installation" in 46 App. U.S.C. 1295b(b)(1)(B) and "sons or daughters of residents of any area or installation" in 46 App. U.S.C. 1295b(b)(3)(A)(ii) to resolve an inconsistency in the source law and to conform to the probable intent of Congress. Although 46 App. U.S.C. 1295b(b)(1)(B) provides that a nominee must be a resident, 46 App. U.S.C. 1295b(b)(3)(A)(ii) allocates positions only for sons or daughters of residents. AMENDMENTS 2011 - Subsec. (b)(3). Pub. L. 111-383, Sec. 3503(1), inserted "the Northern Mariana Islands," after "Guam,". Subsec. (b)(5), (6). Pub. L. 111-383, Sec. 3503(2), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: "The Governor of the Northern Mariana Islands may nominate residents of the Northern Mariana Islands." -End- -CITE- 46 USC Sec. 51303 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51303. Non-competitive appointments -STATUTE- The Secretary of Transportation may appoint each year without competition as cadets at the United States Merchant Marine Academy not more than 40 qualified individuals with qualities the Secretary considers to be of special value to the Academy. In making these appointments, the Secretary shall try to achieve a national demographic balance at the Academy. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1572.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51303 46 App.:1295b(b) June 29, 1936, ch. 858, (3)(D). title XIII, Sec. 1303(b)(3)(D), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 1999. -------------------------------------------------------------------- -End- -CITE- 46 USC Sec. 51304 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51304. Additional appointments from particular areas -STATUTE- (a) Other Countries in Western Hemisphere. - The President may appoint individuals from countries in the Western Hemisphere other than the United States to receive instruction at the United States Merchant Marine Academy. Not more than 12 individuals may receive instruction under this subsection at the same time, and not more than 2 individuals from the same country may receive instruction under this subsection at the same time. (b) Other Countries Generally. - (1) Appointment. - The Secretary of Transportation, with the approval of the Secretary of State, may appoint individuals from countries other than the United States to receive instruction at the Academy. Not more than 30 individuals may receive instruction under this subsection at the same time. (2) Reimbursement. - The Secretary of Transportation shall ensure that the country from which an individual comes under this subsection will reimburse the Secretary for the cost (as determined by the Secretary) of the instruction and allowances received by the individual. (c) Panama. - (1) Appointment. - The Secretary of Transportation, with the approval of the Secretary of State, may appoint individuals from Panama to receive instruction at the Academy. Individuals appointed under this subsection are in addition to those appointed under any other provision of this chapter. (2) Reimbursement. - The Secretary of Transportation shall be reimbursed for the cost (as determined by the Secretary) of the instruction and allowances received by an individual appointed under this subsection. (d) Allowances and Regulations. - Individuals receiving instruction under this section are entitled to the same allowances and are subject to the same regulations on admission, attendance, discipline, resignation, discharge, dismissal, and graduation, as cadets at the Academy appointed from the United States. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1572.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51304(a) 46 App.:1295b(b) June 29, 1936, ch. 858, (5)(A), (B). title XIII, Sec. 1303(b)(5)-(7), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 1999; Pub. L. 99-368, Sec. 5, Aug. 1, 1986, 100 Stat. 776; Pub. L. 101-595, title VII, Sec. 708(3), Nov. 16, 1990, 104 Stat. 2995. 51304(b) 46 App.:1295b(b) (6)(A)-(C). 51304(c) 46 App.:1295b(b) (7)(A), (B). 51304(d) 46 App.:1295b(b) (5)(C), (6)(D), (7)(C). -------------------------------------------------------------------- The word "appoint" is substituted for "designate" and "permit" for consistency in the chapter. -End- -CITE- 46 USC Sec. 51305 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51305. Prohibited basis for appointment -STATUTE- Preference may not be given to an individual for appointment as a cadet at the United States Merchant Marine Academy because one or more members of the individual's immediate family are alumni of the Academy. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1572.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51305 46 App.:1295b(b) June 29, 1936, ch. 858, (3)(E). title XIII, Sec. 1303(b)(3)(E), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 1999. -------------------------------------------------------------------- -End- -CITE- 46 USC Sec. 51306 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51306. Cadet commitment agreements -STATUTE- (a) Agreement Requirements. - A citizen of the United States appointed as a cadet at the United States Merchant Marine Academy must sign, as a condition of the appointment, an agreement to - (1) complete the course of instruction at the Academy; (2) fulfill the requirements for a license as an officer in the merchant marine of the United States before graduation from the Academy; (3) maintain a valid license as an officer in the merchant marine of the United States for at least 6 years after graduation from the Academy, accompanied by the appropriate national and international endorsements and certification required by the Coast Guard for service aboard vessels on domestic and international voyages; (4) apply for, and accept if tendered, an appointment as a commissioned officer in the Navy Reserve (including the Merchant Marine Reserve, Navy Reserve), the Coast Guard Reserve, or any other reserve unit of an armed force of the United States, and, if tendered the appointment, to serve for at least 6 years after graduation from the Academy; (5) serve the foreign and domestic commerce and the national defense of the United States for at least 5 years after graduation from the Academy - (A) as a merchant marine officer on a documented vessel or a vessel owned and operated by the United States Government or by a State; (B) as an employee in a United States maritime-related industry, profession, or marine science (as determined by the Secretary of Transportation), if the Secretary determines that service under subparagraph (A) is not available to the individual; (C) as a commissioned officer on active duty in an armed force of the United States, as a commissioned officer in the National Oceanic and Atmospheric Administration, or in other maritime-related Federal employment which serves the national security interests of the United States, as determined by the Secretary; or (D) by a combination of the service alternatives referred to in subparagraphs (A)-(C); and (6) report to the Secretary on compliance with this subsection. (b) Failure To Complete Course of Instruction. - (1) Active duty. - If the Secretary of Transportation determines that an individual who has attended the Academy for at least 2 years has failed to fulfill the part of the agreement described in subsection (a)(1), the individual may be ordered by the Secretary of Defense to serve on active duty in one of the armed forces of the United States for a period of not more than 2 years. In cases of hardship as determined by the Secretary of Transportation, the Secretary of Transportation may waive this paragraph in whole or in part. (2) Recovery of cost. - If the Secretary of Defense is unable or unwilling to order an individual to serve on active duty under paragraph (1), or if the Secretary of Transportation determines that reimbursement of the cost of education provided would better serve the interests of the United States, the Secretary of Transportation may recover from the individual the cost of education provided by the Government. (c) Failure To Carry Out Other Requirements. - (1) Active duty. - If the Secretary of Transportation determines that an individual has failed to fulfill any part of the agreement described in subsection (a)(2)-(6), the individual may be ordered to serve on active duty for a period of at least 3 years but not more than the unexpired period (as determined by the Secretary) of the service required by subsection (a)(5). The Secretary of Transportation, in consultation with the Secretary of Defense, shall determine in which service the individual shall serve. In cases of hardship as determined by the Secretary of Transportation, the Secretary of Transportation may waive this paragraph in whole or in part. (2) Recovery of cost. - If the Secretary of Defense is unable or unwilling to order an individual to serve on active duty under paragraph (1), or if the Secretary of Transportation determines that reimbursement of the cost of education provided would better serve the interests of the United States, the Secretary of Transportation may recover from the individual the cost of education provided. The Secretary may reduce the amount to be recovered to reflect partial performance of service obligations and other factors the Secretary determines merit a reduction. (d) Actions To Recover Cost. - To aid in the recovery of the cost of education provided by the Government under a commitment agreement under this section, the Secretary of Transportation may - (1) request the Attorney General to bring a civil action against the individual; and (2) make use of the Federal debt collection procedures in chapter 176 of title 28 or other applicable administrative remedies. (e) Alternative Service. - (1) Service as commissioned officer. - An individual who, for the 5-year period following graduation from the Academy, serves as a commissioned officer on active duty in an armed force of the United States or as a commissioned officer of the National Oceanic and Atmospheric Administration or the Public Health Service shall be excused from the requirements of paragraphs (3) through (5) of subsection (a). (2) Modification or waiver. - The Secretary may modify or waive any of the terms and conditions set forth in subsection (a) through the imposition of alternative service requirements. (f) Service Obligation Performance Reporting Requirement. - (1) In general. - Subject to any otherwise applicable restrictions on disclosure in section 552a of title 5, the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating, the Administrator of the National Oceanic and Atmospheric Administration, and the Surgeon General of the Public Health Service - (A) shall report the status of obligated service of an individual graduate of the Academy upon request of the Secretary; and (B) may, in their discretion, notify the Secretary of any failure of the graduate to perform the graduate's duties, either on active duty or in the Ready Reserve component of their respective service, or as a commissioned officer of the National Oceanic and Atmospheric Administration or the Public Health Service, respectively. (2) Information to be provided. - A report or notice under paragraph (1) shall identify any graduate determined to have failed to comply with service obligation requirements and provide all required information as to why such graduate failed to comply. (3) Considered as in default. - Upon receipt of such a report or notice, such graduate may be considered to be in default of the graduate's service obligations by the Secretary, and subject to all remedies the Secretary may have with respect to such a default. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1572; Pub. L. 109-163, div. A, title V, Sec. 515(g)(2)(A), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 109-364, div. C, title XXXV, Secs. 3505(a), 3506(a), Oct. 17, 2006, 120 Stat. 2516, 2517; Pub. L. 110-181, div. C, title XXXV, Secs. 3523(a)(1), (b), 3526(b)(1), (c)(1), (g), Jan. 28, 2008, 122 Stat. 598, 600-602.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51306(a) 46 App.:1295b(e)(1). June 29, 1936, ch. 858, title XIII, Sec. 1303(e)(1)-(4), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 2000; Pub. L. 97-31, Sec. 12(144)(A), Aug. 6, 1981, 95 Stat. 166; Pub. L. 101-595, title VII, Sec. 707(a), Nov. 16, 1990, 104 Stat. 2995; Pub. L. 108-136, title XXXV, Sec. 3515(b), Nov. 24, 2003, 117 Stat. 1792. 51306(b) 46 App.:1295b(e)(2). 51306(c) 46 App.:1295b(e)(3). 51306(d) 46 App.:1295b(e)(4). -------------------------------------------------------------------- In subsection (a), before paragraph (1), the words "after the date occurring 6 months after October 1, 1981" are omitted as obsolete. In paragraph (2), the words "before graduating" are substituted for "on or before the date of graduation" to eliminate unnecessary words. In paragraph (5)(A), the words "or territories" are omitted as unnecessary because of the definition of "State" in chapter 1 of the revised title. In subsection (d), the words "bring a civil action" are substituted for "begin court proceedings" for consistency in the revised title and with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). AMENDMENTS 2008 - Pub. L. 110-181, Sec. 3526(g), repealed Pub. L. 109-364, Secs. 3505(a) and 3506(a). See 2006 Amendment note below. Pub. L. 110-181, Sec. 3523(b), repealed Pub. L. 109-163, Sec. 515(g)(2)(A). See 2006 Amendment note below. Subsec. (a)(4). Pub. L. 110-181, Sec. 3523(a)(1), incorporated the substance of the amendment by Pub. L. 109-163, Sec. 515(g)(2)(A), into this section by substituting "Navy Reserve" for "Naval Reserve" in two places. See 2006 Amendment note below and section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose and Construction note preceding section 101 of this title. Subsecs. (e), (f). Pub. L. 110-181, Sec. 3526(b)(1), (c)(1), incorporated the substance of the amendments by Pub. L. 109-364, Secs. 3505(a), 3506(a), into this section by adding subsecs. (e) and (f). See 2006 Amendment note below and section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose and Construction note preceding section 101 of this title. 2006 - Pub. L. 109-364, Secs. 3505(a), 3506(a), which directed the amendment of section 1295b(e) of the former Appendix to this title from which this section was derived, were repealed by Pub. L. 110-181, Sec. 3526(g). See 2008 Amendment note for subsecs. (e) and (f) and Historical and Revision notes above. Pub. L. 109-163, Sec. 515(g)(2)(A), which directed the amendment of section 1295b of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110-181, Sec. 3523(b). See 2008 Amendment note for subsec. (a)(4) and Historical and Revision notes above. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-181, div. C, title XXXV, Sec. 3526(b)(2), Jan. 28, 2008, 122 Stat. 601, provided that: "Section 51306(e) of title 46, United States Code, as added by paragraph (1), applies only to an individual who enrolls as a cadet at the United States Merchant Marine Academy, and signs an agreement under section 51306(a) of title 46, after October 17, 2006." Pub. L. 110-181, div. C, title XXXV, Sec. 3526(c)(2), Jan. 28, 2008, 122 Stat. 602, provided that: "Section 51306(f) of title 46, United States Code, as added by paragraph (1), does not apply with respect to an agreement entered into under section 51306(a) of title 46, United States Code, before October 17, 2006." EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-364, div. C, title XXXV, Sec. 3505(b), Oct. 17, 2006, 120 Stat. 2517, which provided that par. (6) of section 1295b(e) of the former Appendix to this title from which this section was derived, applied only to an individual who enrolled as a cadet at the United States Merchant Marine Academy and signed an agreement under par. (1) of that section after Oct. 17, 2006, was repealed by Pub. L. 110-181, div. C, title XXXV, Sec. 3526(g), Jan. 28, 2008, 122 Stat. 602. Pub. L. 109-364, div. C, title XXXV, Sec. 3506(b), Oct. 17, 2006, 120 Stat. 2517, which provided that the enactment of par. (7) of section 1295b(e) of the former Appendix to this title from which this section was derived, did not apply with respect to an agreement entered into under section 1295b(e) before Oct. 17, 2006, was repealed by Pub. L. 110-181, div. C, title XXXV, Sec. 3526(g), Jan. 28, 2008, 122 Stat. 602. -End- -CITE- 46 USC Sec. 51307 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51307. Places of training -STATUTE- The Secretary of Transportation may provide for the training of cadets at the United States Merchant Marine Academy - (1) on vessels owned or subsidized by the United States Government; (2) on other documented vessels, with the permission of the owner; (3) in shipyards or plants and with industrial or educational organizations; and (4) on any other vessel considered by the Secretary to be necessary or appropriate or in the national interest. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1574; Pub. L. 109-241, title III, Sec. 307, July 11, 2006, 120 Stat. 528; Pub. L. 110-181, div. C, title XXXV, Sec. 3525(a)(3), (b), Jan. 28, 2008, 122 Stat. 600, 601.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51307 46 App.:1295b(f). June 29, 1936, ch. 858, title XIII, Sec. 1303(f), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 2002. -------------------------------------------------------------------- In paragraph (2), the words "with the permission of the owner" are substituted for "if the owner . . . cooperates in such use" for clarity. AMENDMENTS 2008 - Pub. L. 110-181, Sec. 3525(b), repealed Pub. L. 109-241, Sec. 307. See 2006 Amendment note below. Par. (4). Pub. L. 110-181, Sec. 3525(a)(3), incorporated the substance of the amendment by Pub. L. 109-241, Sec. 307, into this section by adding par. (4). See 2006 Amendment note below and section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose and Construction note preceding section 101 of this title. 2006 - Pub. L. 109-241, Sec. 307, which directed the amendment of section 1295b(f) of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110-181, Sec. 3525(b). See 2008 Amendment note for par. (4) and Historical and Revision notes above. -End- -CITE- 46 USC Sec. 51308 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51308. Uniforms, textbooks, and transportation allowances -STATUTE- The Secretary of Transportation shall provide cadets at the United States Merchant Marine Academy - (1) all required uniforms and textbooks; and (2) allowances for transportation (including reimbursement of traveling expenses) when traveling under orders as a cadet. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1574.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51308 46 App.:1295b(d). June 29, 1936, ch. 858, title XIII, Sec. 1303(d), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 2000. -------------------------------------------------------------------- -End- -CITE- 46 USC Sec. 51309 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51309. Academic degree -STATUTE- (a) Bachelor's Degree. - (1) In general. - The Superintendent of the United States Merchant Marine Academy may confer the degree of bachelor of science on an individual who - (A) has met the conditions prescribed by the Secretary of Transportation; and (B) if a citizen of the United States, has passed the examination for a merchant marine officer's license. (2) Effect of physical disqualification. - An individual not allowed to take the examination for a merchant marine officer's license only because of physical disqualification may not be denied a degree for not taking the examination. (b) Master's Degree. - The Superintendent of the Academy may confer a master's degree on an individual who has met the conditions prescribed by the Secretary. A master's degree program may be funded through non-appropriated funds. To maintain the appropriate academic standards, the program shall be accredited by the appropriate accreditation body. Nonappropriated funds received for this purpose shall be credited to the Maritime Administration's Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purpose of such receipts. The Superintendent shall maintain a separate and detailed accounting of nonappropriated fund receipts and all associated expenses. The Secretary may prescribe regulations necessary to administer such a program. (c) Graduation Not Entitlement To Hold License. - Graduation from the Academy does not entitle an individual to hold a license authorizing service on a merchant vessel. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1574; Pub. L. 111-84, div. C, title XXXV, Sec. 3514, Oct. 28, 2009, 123 Stat. 2724.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51309(a) 46 App.:1295b(g)(1). June 29, 1936, ch. 858, title XIII, Sec. 1303(g), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 2002; restated Pub. L. 108-136, title XXXV, Sec. 3515(c), Nov. 24, 2003, 117 Stat. 1794. 51309(b) 46 App.:1295b(g)(2). 51309(c) 46 App.:1295b(b)(8). June 29, 1936, ch. 858, title XIII, Sec. 1303(b)(8), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 1997; Pub. L. 99-368, Sec. 5, Aug. 1, 1986, 100 Stat. 776. -------------------------------------------------------------------- AMENDMENTS 2009 - Subsec. (b). Pub. L. 111-84 inserted before last sentence "Nonappropriated funds received for this purpose shall be credited to the Maritime Administration's Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purpose of such receipts. The Superintendent shall maintain a separate and detailed accounting of nonappropriated fund receipts and all associated expenses." -End- -CITE- 46 USC Sec. 51310 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51310. Deferment of service obligation under cadet commitment agreements -STATUTE- The Secretary of Transportation may defer the service commitment of an individual under section 51306(a)(5) of this title (as specified in the cadet commitment agreement) for not more than 2 years if the individual is engaged in a graduate course of study approved by the Secretary. However, deferment of service as a commissioned officer under section 51306(a)(5) must be approved by the Secretary of the military department that has jurisdiction over the service or by the Secretary of Commerce for service with the National Oceanic and Atmospheric Administration. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1575.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51310 46 App.:1295b(e)(5). June 29, 1936, ch. 858, title XIII, Sec. 1303(e)(5), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 2001; Pub. L. 97-31, Sec. 12(144)(B), Aug. 6, 1981, 95 Stat. 166; Pub. L. 108-136, title XXXV, Sec. 3515(b)(6), Nov. 24, 2003, 117 Stat. 1793. -------------------------------------------------------------------- -End- -CITE- 46 USC Sec. 51311 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51311. Midshipman status in the Navy Reserve -STATUTE- (a) Application Requirement. - Before being appointed as a cadet at the United States Merchant Marine Academy, a citizen of the United States must agree to apply for midshipman status in the Navy Reserve (including the Merchant Marine Reserve, Navy Reserve). (b) Appointment. - (1) In general. - A citizen of the United States appointed as a cadet at the Academy shall be appointed by the Secretary of the Navy as a midshipman in the Navy Reserve (including the Merchant Marine Reserve, Navy Reserve). (2) Rights and privileges. - The Secretary of the Navy shall provide for cadets of the Academy who are midshipmen in the United States Navy Reserve to be - (A) issued an identification card (referred to as a "military ID card"); and (B) entitled to all rights and privileges in accordance with the same eligibility criteria as apply to other members of the Ready Reserve of the reserve components of the armed forces. (3) Coordination. - The Secretary of the Navy shall carry out paragraphs (1) and (2) in coordination with the Secretary of Transportation. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1575; Pub. L. 109-163, div. A, title V, Sec. 515(g)(2), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 110-181, div. C, title XXXV, Sec. 3523(a)(1), (b), Jan. 28, 2008, 122 Stat. 598, 600.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51311(a) 46 App.:1295b(b) June 29, 1936, ch. 858, (3)(F). title XIII, Sec. 1303(b)(3)(F), (c), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 1999, 2000; Pub. L. 105-261, div. A, title V, Sec. 568, Oct. 17, 1998, 112 Stat. 2031; Pub. L. 106-65, div. A, title X, Sec. 1066(b)(5), Oct. 5, 1999, 113 Stat. 772. 51311(b) 46 App.:1295b(c). -------------------------------------------------------------------- AMENDMENTS 2008 - Pub. L. 110-181, Sec. 3523(b), repealed Pub. L. 109-163, Sec. 515(g)(2). See 2006 Amendment note below. Subsecs. (a), (b)(1), (2). Pub. L. 110-181, Sec. 3523(a)(1), incorporated the substance of the amendment by Pub. L. 109-163, Sec. 515(g)(2), into this section by substituting "Navy Reserve" for "Naval Reserve" wherever appearing in section catchline and text. See 2006 Amendment note below and section 18(a) of Pub. L. 109-304, set out as a Legislative Purpose and Construction note preceding section 101 of this title. 2006 - Pub. L. 109-163, Sec. 515(g)(2), which directed the amendment of section 1295b of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110- 181, Sec. 3523(b). See 2008 Amendment note for subsecs. (a), (b)(1), (2) and Historical and Revision notes above. -End- -CITE- 46 USC Sec. 51312 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51312. Board of Visitors -STATUTE- (a) In General. - A Board of Visitors to the United States Merchant Marine Academy shall be established, for a term of 2 years commencing at the beginning of each Congress, to visit the Academy annually on a date determined by the Secretary of Transportation and to make recommendations on the operation of the Academy. (b) Appointment. - (1) In general. - The Board shall be composed of - (A) 2 Senators appointed by the chairman of the Committee on Commerce, Science, and Transportation of the Senate; (B) 3 Members of the House of Representatives appointed by the chairman of the Committee on Armed Services of the House of Representatives; (C) 1 Senator appointed by the Vice President; (D) 2 Members of the House of Representatives appointed by the Speaker of the House of Representatives; and (E) the chairmen of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives, as ex officio members. (2) Substitute appointment. - If an appointed member of the Board is unable to visit the Academy as provided in subsection (a), another individual may be appointed as a substitute in the manner provided in paragraph (1). (c) Staff. - The chairmen of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives may designate staff members of their committees to serve without reimbursement as staff for the Board. (d) Travel Expenses. - When serving away from home or regular place of business, a member of the Board or a staff member designated under subsection (c) shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1575.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51312 46 App.:1295b(h). June 29, 1936, ch. 858, title XIII, Sec. 1303(h), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 2002; Pub. L. 97-35, title XVI, Sec. 1607, Aug. 13, 1981, 95 Stat. 752; Pub. L. 101-595, title VII, Sec. 703, Nov. 16, 1990, 104 Stat. 2994. -------------------------------------------------------------------- The words "Committee on Armed Services" are substituted for "Committee on Merchant Marine and Fisheries" to reflect changes in committee structure made by the 104th Congress. -End- -CITE- 46 USC Sec. 51313 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51313. Advisory Board -STATUTE- (a) In General. - An Advisory Board to the United States Merchant Marine Academy shall be established to visit the Academy at least once during each academic year, for the purpose of examining the course of instruction and management of the Academy and advising the Maritime Administrator and the Superintendent of the Academy. (b) Appointment and Terms. - The Board shall be composed of not more than 7 individuals appointed by the Secretary of Transportation. The individuals must be distinguished in education and other fields related to the Academy. Members of the Board shall be appointed for terms of not more than 3 years and may be reappointed. The Secretary shall designate one of the members as chairman. (c) Travel Expenses. - When serving away from home or regular place of business, a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5. (d) Relationship to Other Law. - The Federal Advisory Committee Act (5 App. U.S.C.) does not apply to the Board. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1576.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51313 46 App.:1295b(i). June 29, 1936, ch. 858, title XIII, Sec. 1303(i), as added Pub. L. 96-453, Sec. 2, Oct. 15, 1980, 94 Stat. 2002; Pub. L. 97-31, Sec. 12(144)(C), Aug. 6, 1981, 95 Stat. 166. -------------------------------------------------------------------- -REFTEXT- REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (d), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 46 USC Sec. 51314 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51314. Limitation on charges and fees for attendance -STATUTE- (a) Prohibition. - Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at the United States Merchant Marine Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994. (b) Exception. - The prohibition specified in subsection (a) does not apply with respect to any item or service provided to cadets for which a charge or fee is imposed as of October 5, 1994, or for calculators, computers, personal and academic supplies, midshipman services such as barber, tailor, or laundry services, and Coast Guard license fees. The Secretary of Transportation shall notify Congress of any change made by the Academy in the amount of a charge or fee authorized under this subsection. Such fees shall be credited to the Maritime Administration's Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purposes of the fees. Fees collected in excess of actual expenses may be refunded to the Midshipmen through a mechanism approved by the Secretary. The Academy shall maintain a separate and detailed accounting of fee revenue and all associated expenses. -SOURCE- (Pub. L. 109-304, Sec. 8(b), Oct. 6, 2006, 120 Stat. 1576; Pub. L. 111-84, div. C, title XXXV, Sec. 3510, Oct. 28, 2009, 123 Stat. 2722; Pub. L. 111-117, div. A, title I, Sec. 176, Dec. 16, 2009, 123 Stat. 3068.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 51314 46 App.:1295b(j). June 29, 1936, ch. 858, title XIII, Sec. 1303(j), as added Pub. L. 108-375, Oct. 28, 2004, div. A, title V, Sec. 545(e), 118 Stat. 1909. -------------------------------------------------------------------- AMENDMENTS 2009 - Subsec. (b). Pub. L. 111-117 inserted at end "Such fees shall be credited to the Maritime Administration's Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purposes of the fees. Fees collected in excess of actual expenses may be refunded to the Midshipmen through a mechanism approved by the Secretary. The Academy shall maintain a separate and detailed accounting of fee revenue and all associated expenses." Pub. L. 111-84 substituted "1994, or for calculators, computers, personal and academic supplies, midshipman services such as barber, tailor, or laundry services, and Coast Guard license fees." for "1994." -End- -CITE- 46 USC Sec. 51315 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51315. Gifts to the Merchant Marine Academy -STATUTE- (a) In General. - The Maritime Administrator may accept and use conditional or unconditional gifts of money or property for the benefit of the United States Merchant Marine Academy, including acceptance and use for non-appropriated fund instrumentalities of the Merchant Marine Academy. The Maritime Administrator may accept a gift of services in carrying out the Administrator's duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, in accordance with the terms of the gift. (b) Establishment of Academy Gift Fund. - There is established in the Treasury a fund, to be known as the "Academy Gift Fund". Disbursements from the Fund shall be made on order of the Maritime Administrator. Unless otherwise specified by the terms of the gift, the Maritime Administrator may use monies in the Fund for appropriated or non-appropriated purposes at the Academy. The Fund consists of - (1) gifts of money; (2) income from donated property accepted under this section; (3) proceeds from the sale of donated property; and (4) income from securities under subsection (c) of this section. (c) Investment of Fund Balances. - On request of the Maritime Administrator, the Secretary of the Treasury may invest and reinvest amounts in the Fund in securities of, or in securities the principal and interest of which is guaranteed by, the United States Government. (d) Disbursement Authority. - There are hereby authorized to be disbursed from the Fund such sums as may be on deposit, to remain available until expended. (e) Deductibility of Gifts. - Gifts accepted under this section are a gift to or for the use of the Government under the Internal Revenue Code of 1986. -SOURCE- (Added Pub. L. 110-417, div. C, title XXXV, Sec. 3506(g)(1), Oct. 14, 2008, 122 Stat. 4764.) -REFTEXT- REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in subsec. (e), is classified generally to Title 26, Internal Revenue Code. -End- -CITE- 46 USC Sec. 51316 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51316. Temporary appointments to the Academy -STATUTE- Notwithstanding any other provision of law, the Maritime Administrator may appoint any present employee of the United States Merchant Marine Academy non-appropriated fund instrumentality to a position on the General Schedule of comparable pay. Eligible personnel shall be engaged in work permissibly funded by annual appropriations, and such appointments to the Civil Service shall be without regard to competition, for a term not to exceed 2 years. -SOURCE- (Added Pub. L. 110-417, div. C, title XXXV, Sec. 3506(h)(1), Oct. 14, 2008, 122 Stat. 4765.) -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees. -End- -CITE- 46 USC Sec. 51317 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 513 - UNITED STATES MERCHANT MARINE ACADEMY -HEAD- Sec. 51317. Adjunct professors -STATUTE- (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; and (!1) (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.(!2) (3) shall be subject to the availability of appropriations. (c) Limitation on Number of Contractors. - In awarding contacts (!3) under this section, the Maritime Administrator shall ensure that not more than 25 individuals actively provide services in any one academic trimester, or equivalent, as contractors under subsection (a). (d) Reporting Requirements. - When the authority granted by subsection (a) is used to hire an adjunct professor at the Academy in fiscal year 2010 or fiscal year 2011, the Administrator shall notify the Committee on Armed Services of the House of Representatives, the Committee on Armed Services of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate, including the need for and the term of employment for the adjunct professor. -SOURCE- (Added Pub. L. 111-84, div. C, title XXXV, Sec. 3503(a), Oct. 28, 2009, 123 Stat. 2719.) -FOOTNOTE- (!1) So in original. The word "and" probably should not appear. (!2) So in original. The period probably should be "; and". (!3) So in original. Probably should be "contracts". -End-