§51306. Cadet commitment agreements
(a)
(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 Naval Reserve (including the Merchant Marine Reserve, Naval 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)
(1)
(2)
(c)
(1)
(2)
(d)
(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.
(
Amendments Not Shown in Text
This section was derived from provisions of section 1295b(e) of the former Appendix to this title, which was amended by
"(6)(A) 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 subparagraphs (C), (D), and (E) of paragraph (1) [now paragraphs (3) to (5) of subsection (a) of this section].
"(B) The Secretary may modify or waive any of the terms and conditions set forth in paragraph (1) through the imposition of alternative service requirements.
"(7)(A) Subject to any otherwise applicable restrictions on disclosure in section 552a of title 5, United States Code, 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-
"(i) shall report the status of obligated service of an individual graduate of the Academy upon request of the Secretary; and
"(ii) 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.
"(B) A report or notice under subparagraph (A) 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.
"(C) 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."
For effective dates of paragraphs (6) and (7) above, see Effective Date of 2006 Amendment note below.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 51306(a) | 46 App.:1295b(e)(1). | June 29, 1936, ch. 858, title XIII, §1303(e)(1)–(4), as added
|
| 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.).
Effective Date of 2006 Amendment