46 U.S.C. § 51301 (SHIPPING)
§ 51301. Maintenance of the Academy
(a) In 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.
(c) Superintendent.—
(1) In general.—
The immediate command of the United States Merchant Marine Academy shall be in the Superintendent of the Academy, subject to the direction of the Maritime Administrator under the general supervision of the Secretary of Transportation.
(2) Appointment.—
The Secretary of Transportation shall appoint as the Superintendent—
(A) an individual who has—
(i) attained the rank of Captain, Chief Mate, or Chief Engineer in the merchant marine of the United States, or a general or flag officer rank in the Navy, Army, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration; and
(ii) served at sea in any rank;
(B) an individual who has—
(i)
(I) served at sea in the merchant marine, Navy, Army, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration; or
(II) held a valid Coast Guard merchant mariner credential; and
(ii) demonstrated exemplary leadership in the education of individuals in the Armed Forces or United States merchant marine; or
(C) if a qualified individual described in subparagraph (A) or (B) does not apply for the position, an individual who has—
(i) attained the grade of captain or above in the merchant marine, Navy, Coast Guard, or National Oceanic and Atmospheric Administration or colonel or above in the Army, Air Force, or Marine Corps; and
(ii) served at sea in any grade.
(3) Rule of construction.—
Notwithstanding paragraph (2), the Secretary of Transportation may appoint an individual who is the best qualified candidate, even if such individual does not fully meet the criteria described in paragraph (2).
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1570; Pub. L. 111–383, div. C, title XXXV, § 3504, Jan. 7, 2011, 124 Stat. 4518; Pub. L. 112–81, div. C, title XXXV, § 3503, Dec. 31, 2011, 125 Stat. 1716; Pub. L. 112–239, div. A, title X, § 1076(i), Jan. 2, 2013, 126 Stat. 1955; Pub. L. 114–328, div. C, title XXXV, § 3506(a), Dec. 23, 2016, 130 Stat. 2777; Pub. L. 116–283, div. C, title XXXV, § 3503(b), Jan. 1, 2021, 134 Stat. 4399.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
51301
46 App.:1295b(a).
June 29, 1936, ch. 858, title XIII, § 1303(a), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1998.
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (c)(2)(A)(i). Pub. L. 116–283, § 3503(b)(1), inserted “the rank of Captain, Chief Mate, or Chief Engineer in the merchant marine of the United States, or” after “attained”.
Subsec. (c)(2)(B)(i)(I), (C)(i). Pub. L. 116–283, § 3503(b)(2), inserted “merchant marine,” before “Navy”.
2016—Subsec. (c). Pub. L. 114–328 added subsec. (c).
2013—Subsec. (a). Pub. L. 112–239 substituted “In General” for “IN General” in heading.
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.”
heading: Statutory Notes and Related Subsidiaries
heading: Savings Clause
text: Pub. L. 114–328, div. C, title XXXV, § 3506(b), Dec. 23, 2016, 130 Stat. 2777, provided that: “Nothing in this section [amending this section] may be construed to require any change to the current leadership of the United States Merchant Marine Academy.”
heading: Concurrent Jurisdiction
text: Pub. L. 115–232, div. C, title XXXV, § 3506, Aug. 13, 2018, 132 Stat. 2309, provided that:
“Notwithstanding any other law, the Secretary of Transportation may relinquish, at the Secretary’s discretion, to the State of New York, such measure of legislative jurisdiction over the lands constituting the United States Merchant Marine Academy in King’s Point, New York, as is necessary to establish concurrent jurisdiction between the Federal Government and the State of New York. Such partial relinquishment of legislative jurisdiction shall be accomplished—
“(1) by filing with the Governor of New York a notice of relinquishment to take effect upon acceptance thereof; or
“(2) as the laws of that State may provide.”
heading: Class Profiles
text: Pub. L. 114–328, div. C, title XXXV, § 3516(b), Dec. 23, 2016, 130 Stat. 2789, provided that:
“(1) In general.—
Not later than August 31 of each year, the Superintendent of the United States Merchant Marine Academy shall post on the Academy’s public website a profile of each class at the Academy.
“(2) Contents.—
Each profile posted under paragraph (1) shall include, for the incoming class of the Academy and for the 4 classes that preceded that class at the Academy, the number and percentage of students by—
“(A) State;
“(B) country;
“(C) gender;
“(D) race and ethnicity; and
“(E) prior military service.”