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NOTES:


Source

(June 29, 1936, ch. 858, title XIII, § 1303, as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1998; amended Pub. L. 97–31, § 12(144), Aug. 6, 1981, 95 Stat. 166; Pub. L. 97–35, title XVI, § 1607, Aug. 13, 1981, 95 Stat. 752; Pub. L. 99–368, § 5, Aug. 1, 1986, 100 Stat. 776; Pub. L. 101–595, title VII, §§ 703, 707 (a), 708, Nov. 16, 1990, 104 Stat. 2994, 2995; Pub. L. 105–261, div. A, title V, § 568, Oct. 17, 1998, 112 Stat. 2031; Pub. L. 106–65, div. A, title X, § 1066(b)(5), Oct. 5, 1999, 113 Stat. 772; Pub. L. 108–136, div. C, title XXXV, § 3515(b), (c), Nov. 24, 2003, 117 Stat. 1792, 1794; Pub. L. 108–375, div. A, title V, § 545(e), Oct. 28, 2004, 118 Stat. 1909; Pub. L. 109–163, div. A, title V, § 515(g)(2), Jan. 6, 2006, 119 Stat. 3236.)

References in Text

The Federal Advisory Committee Act, referred to in subsec. (i)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Amendments

2006—Subsec. (b)(3)(F). Pub. L. 109–163, § 515(g)(2)(A), substituted “Navy Reserve” for “Naval Reserve” in two places.
Subsec. (c). Pub. L. 109–163, § 515(g)(2)(B), which directed substitution of “Navy Reserve” for “Naval Reserve” in subsec. (c), could not be executed because “Naval Reserve” did not appear.
Pub. L. 109–163, § 515(g)(2)(A), substituted “Navy Reserve” for “Naval Reserve” in two places in par. (1) and in par. (2).
Subsec. (e)(1)(D). Pub. L. 109–163, § 515(g)(2)(A), substituted “Navy Reserve” for “Naval Reserve” in two places.
2004—Subsec. (j). Pub. L. 108–375 added subsec. (j).
2003—Subsec. (e)(1)(A). Pub. L. 108–136, § 3515(b)(1), which directed that subpar. (A) be amended by striking out “Academy, unless the individual is separated from the”, was executed by striking out “Academy, unless the individual is separated by the” after “instruction at the”, to reflect the probable intent of Congress.
Subsec. (e)(1)(C). Pub. L. 108–136, § 3515(b)(2), added subpar. (C) and struck out former subpar. (C) which read as follows: “to maintain a license as an officer in the merchant marine of the United States for at least 6 years following the date of graduation from the Academy of such individual;”.
Subsec. (e)(1)(E)(iii). Pub. L. 108–136, § 3515(b)(3), added cl. (iii) and struck out former cl. (iii) which read as follows: “as a commissioned officer on active duty in an armed force of the United States or in the National Oceanic and Atmospheric Administration; or”.
Subsec. (e)(2). Pub. L. 108–136, § 3515(b)(4), added par. (2) and struck out former par. (2) which read as follows: “If the Secretary determines that any individual who has attended the Academy for not less than 2 years has failed to fulfill the part of the agreement (required by paragraph (1)) described in paragraph (1)(A), such individual may be ordered by the Secretary of the Navy to active duty in the United States Navy to serve for a period of time not to exceed 2 years. In cases of hardship as determined by the Secretary, the Secretary may waive this paragraph.”
Subsec. (e)(3). Pub. L. 108–136, § 3515(b)(5), added par. (3) and struck out former par. (3) which read as follows:
“(A) If the Secretary determines that any individual has failed to fulfill any part of the agreement (required by paragraph (1)) described in subparagraphs (B), (C), (D), (E), or (F) of paragraph (1), such individual may be ordered to active duty to serve a period of time not less than 3 years and not more than the unexpired portion (as determined by the Secretary) of the service required by subparagraph (E) of such paragraph. The Secretary, in consultation with the Secretary of Defense, shall determine in which service the individual shall be ordered to active duty to serve such period of time. In cases of hardship as determined by the Secretary, the Secretary may waive this paragraph.
“(B) If the Secretary of Defense is unable or unwilling to order an individual to active duty under subparagraph (A), the Secretary of Transportation—
“(i) may recover from the individual the cost of education provided by the Federal Government; and
“(ii) shall request the Attorney General to begin court proceedings to recover the costs of education if the Secretary decides to seek recovery under clause (i).”
Subsec. (e)(4), (5). Pub. L. 108–136, § 3515(b)(6), added par. (4) and redesignated former par. (4) as (5).
Subsec. (g). Pub. L. 108–136, § 3515(c), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “The Superintendent of the Academy may confer the degree of bachelor of science upon any individual who has met the conditions prescribed by the Secretary and who, if a citizen of the United States, has passed the examination for a merchant marine officer’s license. No individual may be denied a degree under this subsection because the individual is not permitted to take such examination solely because of physical disqualification.”
1999—Subsec. (c). Pub. L. 106–65 made technical correction to Pub. L. 105–261, § 568. See 1998 Amendment note below.
1998—Subsec. (c). Pub. L. 105–261, as amended by Pub. L. 106–65, designated existing provisions as par. (1), substituted “shall” for “may”, and added pars. (2) and (3).
1990—Subsec. (b)(1). Pub. L. 101–595, § 708(1), in introductory provisions, substituted “Delegate from American Samoa” for “Governor of American Samoa (until a delegate to the House of Representatives from American Samoa takes office)” and “any individual who is—” for “any individual who is” and, in subpar. (B), inserted “or” after “Canal Commission,” and struck out before period at end “, or a resident of American Samoa if the individual is nominated by the Governor of American Samoa”.
Subsec. (b)(3)(A)(vi). Pub. L. 101–595, § 708(2), substituted “Delegate to the House of Representatives from American Samoa” for “Governor of American Samoa (until a delegate to the House of Representatives from American Samoa takes office)”.
Subsec. (b)(7)(A). Pub. L. 101–595, § 708(3)(A), struck out “annually” after “Secretary may”, “until September 30, 1995,” before “upon approval”, and “up to six” before “additional”.
Subsec. (b)(7)(B). Pub. L. 101–595, § 708(3)(B), which directed the substitution of “The Secretary shall be reimbursed” for “the Secretary shall insure that the Republic of Panama reimburse the Secretary”, was executed by making the substitution for “The Secretary shall insure that the Republic of Panama reimburse the Secretary” to reflect the probable intent of Congress.
Subsec. (e)(3). Pub. L. 101–595, § 707(a), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (h)(1). Pub. L. 101–595, § 703, amended par. (1) generally. Prior to amendment, par. (1) read as follows: “A Board of Visitors to the Academy shall be established to visit the Academy annually on a date determined by the Secretary and to make recommendations on the operation of the Academy.”
1986—Subsec. (b)(7), (8). Pub. L. 99–368 added pars. (7) and (8) and struck out former par. (7) which provided that any individual appointed as a cadet to the Academy under par. (3), or receiving instruction at the Academy under par. (4), (5), or (6), was not entitled to hold any license authorizing service on any merchant marine vessel of the United States solely by reason of graduation from the Academy.
1981—Subsec. (e)(3). Pub. L. 97–31, § 12(144)(A), struck out “and the Secretary of Transportation” after “Secretary of Defense”.
Subsec. (e)(4). Pub. L. 97–31, § 12(144)(B), struck out “the Secretary of the department in which the United States Coast Guard is operating with respect to the United States Coast Guard and” before “the Secretary of Commerce”.
Subsec. (h)(2)(D). Pub. L. 97–35 increased the membership on the Board from 1 to 2 Members of the House of Representatives.
Subsec. (i)(1). Pub. L. 97–31, § 12(144)(C), substituted “Maritime Administrator” for “Assistant Secretary of Commerce for Maritime Affairs”.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title X, § 1066(b), Oct. 5, 1999, 113 Stat. 772, provided that the amendment made by section 1066 (b) is effective Oct. 17, 1998, and as if included in the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, Pub. L. 105–261, as enacted.

Effective Date of 1990 Amendment

Section 707(b) of Pub. L. 101–595 provided that: “The amendments made by subsection (a) [amending this section] shall apply to individuals who sign agreements after the date of enactment of this Act [Nov. 16, 1990] under section 1303(e) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295b (e)).”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468 (b), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Abolition of House Committee on Merchant Marine and Fisheries

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on National Security [now Committee on Armed Services] of House of Representatives, in case of provisions relating to interoceanic canals, Merchant Marine Academy and State Maritime Academies, or national security aspects of merchant marine, by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Degrees for Persons Who Graduated Before Accrediting of Merchant Marine Academy

Act Aug. 10, 1956, ch. 1041, § 35, 70A Stat. 634, provided in part that, under conditions prescribed by the Secretary of Commerce, the Superintendent of the United States Merchant Marine Academy may confer the degree of bachelor of science upon living graduates of the Academy who were graduated before the date of accrediting of the Academy and who have met the requirements of the Academy for that degree.

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