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NOTES:


Source

(June 29, 1936, ch. 858, title XIII, § 1304, as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2003; amended Pub. L. 97–31, § 12(145), Aug. 6, 1981, 95 Stat. 166; Pub. L. 101–115, §§ 2(a)–(d), 3(a), 5, Oct. 13, 1989, 103 Stat. 691–693; Pub. L. 102–587, title VI, § 6201(a)(1), (b), (c), Nov. 4, 1992, 106 Stat. 5093; Pub. L. 108–136, div. C, title XXXV, § 3515(d), Nov. 24, 2003, 117 Stat. 1794; Pub. L. 109–163, div. A, title V, § 515(g)(2), div. C, title XXXV, § 3502, Jan. 6, 2006, 119 Stat. 3236, 3547.)

Amendments

2006—Subsec. (c)(2). Pub. L. 109–163, § 3502(b), designated existing provisions as subpar. (A), substituted “The Secretary shall, subject to the availability of appropriations, pay to each State maritime academy” for “The Secretary may pay to any State maritime academy”, and added subpar. (B).
Subsec. (d)(1)(C)(ii). Pub. L. 109–163, § 3502(a), substituted “$300,000 for fiscal year 2006, $400,000 for fiscal year 2007, and $500,000 for fiscal year 2008 and each fiscal year thereafter” for “$200,000”.
Subsec. (g)(2), (3)(D). Pub. L. 109–163, § 515(g)(2)(A), substituted “Navy Reserve” for “Naval Reserve” in two places.
Subsec. (h). Pub. L. 109–163, § 515(g)(2)(B), which directed substitution of “Navy Reserve” for “Naval Reserve” in subsec. (h), 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 text.
2003—Subsec. (g)(1). Pub. L. 108–136, § 3515(d)(1), substituted “$4,000” for “$3,000”.
Subsec. (g)(3)(A). Pub. L. 108–136, § 3515(d)(2), substituted “attending;” for “attending, unless the individual is separated by such academy;”.
Subsec. (g)(3)(C). Pub. L. 108–136, § 3515(d)(3), 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 such State maritime academy of such individual;”.
Subsec. (g)(3)(E)(iii). Pub. L. 108–136, § 3515(d)(4), 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. (g)(4). Pub. L. 108–136, § 3515(d)(5), added par. (4) and struck out former par. (4) which read as follows: “If the Secretary determines that any individual who has accepted the payment described in paragraph (1) has failed to fulfill the part of the agreement (required by paragraph (1)) described in paragraph (3)(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. (g)(5). Pub. L. 108–136, § 3515(d)(6), added par. (5) and struck out former par. (5) which read as follows: “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 (3), such individual may be ordered to active duty to serve a period of time not less than 2 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.”
Subsec. (g)(6) to (8). Pub. L. 108–136, § 3515(d)(7), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.
1992—Subsec. (g)(1). Pub. L. 102–587, § 6201(a)(1), substituted “$3,000” for “$1,200”.
Subsec. (g)(1)(B) to (D). Pub. L. 102–587, § 6201(b), inserted “and” at end of subpar. (B), redesignated subpar. (D) as (C) and struck out “, for the academic years after those years specified in subparagraph (C),” after “paid by the Secretary”, and struck out former subpar. (C) which read as follows: “paid by the Secretary to the individual for the first complete or partial academic year of attendance in a lump sum of $1,200 or in amounts prorated on the basis of actual attendance, and at a time during the second academic year when the individual enters into an agreement accepting midshipman and enlisted reserve status as required under paragraph (2); and”.
Subsec. (g)(4). Pub. L. 102–587, § 6201(c), substituted “paragraph (1)” for “paragraph (1)(C) of this subsection” after “payment described in”.
1989—Subsec. (d)(1). Pub. L. 101–115, § 5, designated existing provisions as subpar. (A), struck out second sentence which read as follows: “The amount of each such annual payment shall be not less than the amount furnished to such academy for its maintenance and support by the State or territory in which such academy is located or, in the case of a regional maritime academy an amount equal to the amount furnished to such academy for its maintenance and support by all States or territories, or both, cooperating to support such academy, but shall not exceed $25,000, or $100,000 if such academy meets the requirements of subsection (f)(2) of this section.”, and added subpars. (B) and (C).
Subsec. (f)(1)(C). Pub. L. 101–115, § 3(a), added subpar. (C).
Subsec. (g)(1)(C), (D). Pub. L. 101–115, § 2(a), added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: “paid by the Secretary to the individual in such payments as the Secretary shall prescribe while such individual is attending such academy.”
Subsec. (g)(2). Pub. L. 101–115, § 2(b), substituted “accept midshipman and enlisted reserve status” for “apply for midshipman status”.
Subsec. (g)(3)(D). Pub. L. 101–115, § 2(c), struck out “to apply for an appointment as,” before “to accept if tendered”.
Subsec. (g)(4). Pub. L. 101–115, § 2(d), substituted “has accepted the payment described in paragraph (1)(C) of this subsection” for “has attended a State maritime academy for not less than 2 years”.
1981—Subsec. (g). Pub. L. 97–31 in par. (5) struck out “and the Secretary of Transportation” after “Secretary of Defense”, and in par. (6) 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”.

Effective Date of 1992 Amendment

Section 6201(a)(2) of Pub. L. 102–587 provided that: “The amendment made by subsection (a) [amending this section] shall apply to payments under section 1304(g)(1) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c (g)(1)) made with respect to academic years beginning after the date of the enactment of this Act [Nov. 4, 1992].”

Effective Date of 1989 Amendment

Pub. L. 101–595, title VII, § 706, Nov. 16, 1990, 104 Stat. 2995, provided that: “Section 3 of the Act of October 13, 1989 (Public Law 101–115; 103 Stat. 692) [adding subsec. (f)(1)(C) of this section and enacting provisions set out below], shall not be effective prior to October 1, 1994.”
Section 2(e) of Pub. L. 101–115 provided that: “The amendments made by this section [amending this section] apply to individuals who commence attendance after December 31, 1989, at a State maritime academy in accordance with section 1304 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c).”
Section 3(b) of Pub. L. 101–115 provided that: “The requirement set forth in subsection (f)(1)(C) of section 1304 of the Merchant Marine Act, 1936 [46 App. U.S.C. 1295c (f)(1)(C)], as added by subsection (a) of this section, shall be a condition to any payment or use of any vessel received by a State maritime academy under such section 1304 after December 31, 1989.”

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.

Study To Determine Possible Use of Ship Sharing Program To Provide Training Opportunities for Maritime Academy Students

Section 4 of Pub. L. 101–115, as amended by Pub. L. 101–595, title VII, § 705, Nov. 16, 1990, 104 Stat. 2994, provided that: “With the funds authorized under this Act [Pub. L. 101–115, § 1, Oct. 13, 1989, 103 Stat. 691], the Secretary of Transportation, after consultation with other agencies in the executive branch and the State, regional, and Federal maritime academies, shall submit to the Congress a study within one year to determine how currently employed training vessels, United States-flag commercial vessels, vessels in the Ready Reserve Force, and other vessels under the control of the United States Government may be used to provide training opportunities for State, regional, and Federal maritime academy students that will produce licensed graduate officers. The study shall include data on the cost effectiveness to the United States Government; the cost impact on the affected State governments; the safety of any vessels involved; the safety of the students; the operational and scheduling impact upon the several entities involved; liability exposure; and the impact on national security sealift. The Secretary shall not implement any ship sharing program until not less than sixty legislative days after the submission of the study to the Congress. The Secretary shall not take any vessel, currently in service as a State academy training vessel, out of service for the purpose of implementing any alternative program, including ship sharing, until or unless the vessel is incapable of being maintained in good repair as required under section 1304(c)(1)(A) of the Merchant Marine Act, 1936 [46 App. U.S.C. 1295c (c)(1)(A)]. The Secretary shall not implement any program requiring that any State academy share its training vessel with another State academy without having first received the express consent of Congress to do so.”

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