103 
‘‘(5) The Governor of the Northern Mariana Islands may nominate 
residents of the Northern Mariana Islands. 
‘‘(6) 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 Re-
public of Panama Concerning Air Traffic Control and Related 
Services, concluded January 8, 1979; and 
‘‘(B) sons or daughters of personnel of the United States Gov-
ernment 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 nomi-
nated 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 Representa-
tives 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 ex-
aminations, an assessment of the individual’s academic background, 
and other effective indicators of motivation and probability of success-
ful completion of training at the Academy. 
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‘‘(2) APPOINTMENTS
BY
JURISDICTION.—The Secretary shall ap-
point 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. 
‘‘§ 51303. Non-competitive appointments 
‘‘The Secretary of Transportation may appoint each year without com-
petition 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. 
‘‘§ 51304. Additional appointments from particular areas 
‘‘(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 ap-
proval of the Secretary of State, may appoint individuals from coun-
tries other than the United States to receive instruction at the Acad-
emy. Not more than 30 individuals may receive instruction under this 
subsection at the same time. 
‘‘(2) REIMBURSEMENT.—The Secretary of Transportation shall en-
sure that the country from which an individual comes under this sub-
section 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 ap-
proval 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 instruc-
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105 
tion and allowances received by an individual appointed under this sub-
section. 
‘‘(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, dis-
charge, dismissal, and graduation, as cadets at the Academy appointed from 
the United States. 
‘‘§ 51305. Prohibited basis for appointment 
‘‘Preference may not be given to an individual for appointment as a cadet 
at the United States Merchant Marine Academy because one or more mem-
bers of the individual’s immediate family are alumni of the Academy. 
‘‘§ 51306. Cadet commitment agreements 
‘‘(a) AGREEMENT REQUIREMENTS.—A citizen of the United States ap-
pointed 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 mer-
chant marine of the United States before graduation from the Acad-
emy; 
‘‘(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 commis-
sioned officer in the Naval Reserve (including the Merchant Marine Re-
serve, Naval Reserve), the Coast Guard Reserve, or any other reserve 
unit of an armed force of the United States, and, if tendered the ap-
pointment, to serve for at least 6 years after graduation from the Acad-
emy; 
‘‘(5) serve the foreign and domestic commerce and the national de-
fense 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 indus-
try, 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; 
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‘‘(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-re-
lated Federal employment which serves the national security inter-
ests 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 deter-
mined by the Secretary of Transportation, the Secretary of Transpor-
tation 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 para-
graph (1), or if the Secretary of Transportation determines that reim-
bursement of the cost of education provided would better serve the in-
terests of the United States, the Secretary of Transportation may re-
cover from the individual the cost of education provided by the Govern-
ment. 
‘‘(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 de-
scribed 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 re-
quired by subsection (a)(5). The Secretary of Transportation, in con-
sultation with the Secretary of Defense, shall determine in which serv-
ice 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 para-
graph (1), or if the Secretary of Transportation determines that reim-
bursement of the cost of education provided would better serve the in-
terests of the United States, the Secretary of Transportation may re-
cover from the individual the cost of education provided. The Secretary 
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107 
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. 
‘‘§ 51307. Places of training 
‘‘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 Govern-
ment; 
‘‘(2) on other documented vessels, with the permission of the owner; 
and 
‘‘(3) in shipyards or plants and with industrial or educational organi-
zations. 
‘‘§ 51308. Uniforms, textbooks, and transportation allow-
ances 
‘‘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 trav-
eling expenses) when traveling under orders as a cadet. 
‘‘§ 51309. Academic degree 
‘‘(a) BACHELOR’S DEGREE.— 
‘‘(1) IN GENERAL.—The Superintendent of the United States Mer-
chant 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 examina-
tion 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 con-
fer a master’s degree on an individual who has met the conditions pre-
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scribed 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. 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 author-
izing service on a merchant vessel. 
‘‘§ 51310. Deferment of service obligation under cadet com-
mitment agreements 
‘‘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. How-
ever, 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. 
‘‘§ 51311. Midshipman status in the Naval Reserve 
‘‘(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 Naval Reserve (including 
the Merchant Marine Reserve, Naval 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 Naval Reserve (including the Merchant Marine 
Reserve, Naval Reserve). 
‘‘(2) RIGHTS AND PRIVILEGES.—The Secretary of the Navy shall 
provide for cadets of the Academy who are midshipmen in the United 
States Naval 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 Transpor-
tation. 
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‘‘§ 51312. Board of Visitors 
‘‘(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 recommenda-
tions 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 Serv-
ices 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), an-
other individual may be appointed as a substitute in the manner pro-
vided 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. 
‘‘§ 51313. Advisory Board 
‘‘(a) IN GENERAL.—An Advisory Board to the United States Merchant 
Marine Academy shall be established to visit the Academy at least once dur-
ing each academic year, for the purpose of examining the course of instruc-
tion and management of the Academy and advising the Maritime Adminis-
trator 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 
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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. 
‘‘§ 51314. Limitation on charges and fees for attendance 
‘‘(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 au-
thorized 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. The Secretary of Transpor-
tation shall notify Congress of any change made by the Academy in the 
amount of a charge or fee authorized under this subsection. 
‘‘CHAPTER 515—STATE MARITIME ACADEMY SUPPORT 
PROGRAM 
‘‘Sec. 
‘‘51501.
General support program. 
‘‘51502.
Detailing of personnel. 
‘‘51503.
Regional maritime academies. 
‘‘51504.
Use of training vessels. 
‘‘51505.
Annual payments for maintenance and support. 
‘‘51506.
Conditions to receiving payments and use of vessels. 
‘‘51507.
Places of training. 
‘‘51508.
Allowances for students. 
‘‘51509.
Student incentive payment agreements. 
‘‘51510.
Deferment of service obligation under student incentive payment agreements. 
‘‘51511.
Midshipman status in the Naval Reserve. 
‘‘§ 51501. General support program 
‘‘(a) ASSISTANCE TO STATE MARITIME ACADEMIES.—The Secretary of 
Transportation shall cooperate with and assist State maritime academies in 
providing instruction to individuals to prepare them for service in the mer-
chant marine of the United States. 
‘‘(b) COURSE DEVELOPMENT.—The Secretary shall provide to each State 
maritime academy guidance and assistance in developing courses on the op-
eration and maintenance of new vessels, on equipment, and on innovations 
being introduced to the merchant marine of the United States. 
‘‘§ 51502. Detailing of personnel 
‘‘At the request of the Governor of a State, the President may detail, 
without reimbursement, personnel of the Navy, the Coast Guard, and the 
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Maritime Service to a State maritime academy to serve as a superintendent, 
professor, lecturer, or instructor at the academy. 
‘‘§ 51503. Regional maritime academies 
‘‘The Governors of the States cooperating to sponsor a regional maritime 
academy shall designate in writing one of those States to conduct the affairs 
of that academy. A regional maritime academy is eligible for assistance from 
the United States Government on the same basis as a State maritime acad-
emy sponsored by a single State. 
‘‘§ 51504. Use of training vessels 
‘‘(a) APPLICATIONS TO USE VESSELS.—The Governor of a State spon-
soring a State maritime academy (or the Governor of the State designated 
to conduct the affairs of a regional maritime academy) may apply in writing 
to the Secretary of Transportation to obtain the use of a training vessel for 
the academy. A vessel provided under this section remains the property of 
the United States Government. 
‘‘(b) GENERAL AUTHORITY.—Subject to subsection (c), the Secretary 
may provide to a State maritime academy, for use as a training vessel, a 
suitable vessel under the control of the Secretary or made available to the 
Secretary under subsection (e). If a suitable vessel is not available, the Sec-
retary may build and provide a suitable vessel. 
‘‘(c) APPROVAL REQUIREMENTS.—The Secretary may provide a vessel 
under this section only if— 
‘‘(1) an application has been made under subsection (a); 
‘‘(2) the State maritime academy satisfies section 51506(a) of this 
title; and 
‘‘(3) a suitable port will be available for the safe mooring of the ves-
sel while the academy is using the vessel. 
‘‘(d) PREPARATION AND MAINTENANCE.—A vessel provided under this 
section shall be— 
‘‘(1) repaired, reconditioned, and equipped (with all apparel, charts, 
books, and instruments of navigation) as necessary for use as a train-
ing vessel; and 
‘‘(2) maintained in good repair by the Secretary. 
‘‘(e) AGENCY VESSELS.—An agency may provide to the Secretary, for use 
by a State maritime academy, a vessel (including equipment) that— 
‘‘(1) is suitable for training purposes; and 
‘‘(2) can be provided without detriment to the service to which the 
vessel is assigned. 
‘‘(f) FUEL COSTS.—The Secretary may pay to a State maritime academy 
the costs of fuel used by a vessel provided under this section while used for 
training. 
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