An act to amend the Merchant Marine Act, 1936, to revise and reenact the laws pertaining to the United States Merchant Marine Academy and to State maritime academies and for other maritime education and training purposes.
PL 96-453 (H.R.5451), enacted 10/15/1980

PUBLIC LAW 96-453—OCT. 15, 1980 
94 STAT. 1997 
Public Law 96-453 
96th Congress 
An Act 
To amend the Merchant Marine Act, 1936, to revise and reenact the laws pertaining 
to the United States Merchant Marine Academy and to State maritime academies 
and for other maritime education and training purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may be 
cited as the "Maritime Education and Training Act of 1980". 
SEC. 2. The Merchant Marine Act, 1936 (46 U.S.C. 1101, et seq.), is 
amended by adding after title XII the following new title: 
"TITLE XIII—MARITIME EDUCATION AND TRAINING 
"SEC. 1301. It is the policy of the United States that merchant 
marine vessels of the United States should be operated by highly 
trained and efficient citizens of the United States and that the United 
States Navy and the merchant marine of the United States should 
work closely together to promote the maximum integration of the 
total seapower forces of the United States. In furtherance of this 
policy— 
"(1) the Secretary of Commerce is authorized to take the steps 
necessary to provide for the education and training of citizens of 
the United States who are capable of providing for the safe and 
efficient operation of the merchant marine of the United States 
at all times and as a naval and military auxiliary in time of war 
or national emergency; and 
"(2) the Secretary of Navy, in cooperation with the Assistant 
Secretary of Commerce for Maritime Affairs and the head of 
each State maritime academy, shall assure that the training of 
future merchant marine officers at the United States Merchant 
Marine Academy and at the State maritime academies includes 
programs for naval science training in the operation of merchant 
marine vessels as a naval and military auxiliary and that naval 
officer training programs for the training of future officers, 
insofar as possible, be maintained at designated maritime acade-
mies consistent with United States Navy standards and needs. 
"SEC. 1302. For purposes of this title— 
"(1) the term Secretary' means the Secretary of Commerce; 
"(2) the term 'Academy' means the United States Merchant 
Marine Academy located at Kings Point, New York which is 
maintained under section 1303; 
"(3) the term 'State maritime academy' means any maritime 
academy or college which is assisted under section 1304 and 
which is sponsored by any State or territory of the United States 
or, in the case of a regional maritime academy or college, 
sponsored by any group of States or territories of the United 
States, or both; and 
"(4) the term 'merchant marine officer' means any person who 
holds a license issued by the United States Coast Guard which 
authorizes service— 
Oct. 15, 1980 
[H.R. 5451] 
Maritime 
Education and 
Training Act of 
1980. 
46 use 1295 
note. 
46 use 1295. 
Definitions. 
46 use 1295a. 
94 STAT. 1998 
PUBLIC LAW 96-453—OCT. 15, 1980 
46 use 1295b. 
Cadet 
appointees, 
resident 
requirements. 
Minimum 
requirements 
and competitive 
system. 
Positions, 
allocation. 
"(A) as a master, mate, or pilot on board any vessel of 1,000 
gross tons or more which is documented under the laws of 
the United States and which operates on the oceans or on the 
Great Lakes; or 
"(B) as an engineer officer on board any vessel propelled 
by machinery of 4,000 horsepower or more which is docu-
mented under the laws of 
the United States. 
"SEC. 1303. (a) The Secretary shall maintain the Academy for 
providing instruction to individuals to prepare them for service in the 
merchant marine of 
the United States. 
"(bXD Each Senator and Member of the House of Representatives, 
the Panama Canal Commission, the Governor of the Northern 
Mariana Islands, and the Governor of American Samoa (until a 
delegate to the House of Representatives from American Samoa 
takes office) may nominate for appointment as a cadet at the 
Academy any individual who is 
"(A) a citizen of the United States or a national of the United 
States; and 
"(B) a resident of the State represented bj^ such Senator if the 
individual is nominated by a Senator, a resident of the State in 
which the congressional district represented by such Member of 
the House of Representatives is located if the individual is 
nominated hjr a Member of the House of Representatives (or a 
resident of Guam, the Virgin Islands, the District of Columbia, 
the Commonwealth of Puerto Rico, or American Samoa if the 
individual is nominated by a Member of the House of Repre-
sentatives representing such area), a resident of the area or 
installation described in paragraph (3XA)(ii), or a son or daughter 
of the personnel described in such paragraph, if the individual is 
nominated by the Panama Canal Commission, a resident of the 
Northern Meiriana Islands if the individual is nominated by the 
Grovernor of the Northern Marisma Islands, or a resident of 
American Samoa if the individual is nominated by the Governor 
of 
American Samoa. 
"(2XA) The Secretary shall establish minimum requirements for 
the individuals nominated pursuant to paragraph (1) and shall 
establish a system of competition for the selection of individuals 
qualified for appointment as cadets at the Academy. 
"(B) Such system of comp|etition shall determine the relative merit 
of appointing each such individued to the Academy through the use of 
competitive examinations, an assessment of the academic back-
ground of the individual, and such other factors as are considered 
effective indicators of motivation and the probability of successful 
completion of 
training at the Academy. 
"(3XA) Qualified individu£ils nominated pursuant to paragraph (1) 
shall be selected each year for appointment as cadets at the Academy 
to fill positions allocated as follows: 
"(i) Positions shall be allocated each year for individuals who 
are residents of each State and are nominated by the Members of 
the Congress from such State in proportion to the representation 
in Congress from that State. 
"(ii) Two positions shall be allocated each year for individuals 
nominated by the Panama Canal Commission who are sons or 
daughters of residents of any area or instedlation located in the 
Republic of Panama which is made available to the United States 
pursuant to the Panama Canal Treaty of 1977, the agreements 
relating to and implementing that Treatjr, signed September 7, 
1977, and the Agreement Between the United States of America 
PUBLIC LAW 96-453—OCT. 15, 1980 
94 STAT. 1999 
and the Republic of Panama Concerning Air Traffic Control and 
Related Services, concluded January 8,1979, and sons or daugh-
ters of personnel of the United States Government and the 
Panama Canal Commission residing in the Republic of Panama, 
nominated by the Panama Canal Commission. 
"(iii) One position shall be allocated each year for an individual 
who is a resident of Guam and is nominated by the Delegate to 
the House of Representatives from Guam. 
"(iv) One position shall be allocated each year for an individual 
who is a resident of the Virgin Islands and is nominated by the 
Delegate to the House of Representatives from the Virgin 
Islands. 
"(v) One position shall be eillocated each year for an individual 
who is a resident of the Northern Mariana Islands and is 
nominated by the Governor of the Northern Mariana Islands. 
"(vi) One position shall be allocated each year for an individual 
who is a resident of American Samoa smd is nominated by the 
Governor of American Samoa (until a delegate to the House of 
Representatives from American Samoa takes office). 
(vii) Four positions shall be allocated each year for individuals 
who are residents of the District of Columbia and are nominated 
by the Delegate to the House of Representatives from the District 
of Columbia. 
"(viii) One position shall be allocated each year for an individ-
ual who is a resident of the Commonwealth of Puerto Rico and is 
nominated by the Resident Commissioner to the United States 
from Puerto Rico. 
"(B) The Secretary shall make appointments of qualified individ-
uals to fill the positions allocated pursuant to subparagraph (A) (from 
among the individuals nominated pursuant to paragraph (1)) in the 
order of merit determined pursuemt to paragraph (2XB) among 
residents of each State, Guam, the Virgin Islands, the Northern 
Mariana Islands, American Samoa, the District of Columbia, and the 
Commonwealth of Puerto Rico and among individuals nominated by 
the Panama Canal Commission. 
"(C) If positions are not filled after the appointments are made 
pursuant to subparagraph (B), the Secretary shall make appoint-
ments of qualified individuals to fill such positions from among all 
individuals nominated pursuant to paragraph (1) in the order of merit 
determined pursuant to paragraph (2XB) among all such individuals. 
"(D) In addition, the Secretary may each year appoint without 
competition as cadets at the Academy not more than 40 qualified 
individuals possessing qualities deemed to be of special value to the 
Academy. In making such appointments the Secretary shall attempt 
to achieve a national demographic balance at the Academy. 
"(E) No preference shall be granted in selecting individuals for 
appointment as cadets at the Academy because one or more members 
of the immediate family of any such individual are alumni of the 
Academy. 
"(F) Any citizen of the United States selected for appointment 
pursuant to this paragraph must agree to apply for midshipman 
status in the United States Naval Reserve (including the Mer-
chant Marine Reserve, United States Naval Reserve) before being 
appointed as a cadet at the Academy. 
(G) For purposes of this paragraph, the term 'State' means the "State 
several States. 
"(4)(A) In addition to paragraph (3), the Secretary may p e r B ^ 
upon designation by the Secretary of the Interior, individuals from 
Merit-based 
appointment. 
Non-competitive 
appointments. 
79-194 
O—81—pt. 2 
46 : QL3 
94 STAT. 2000 
PUBLIC LAW 96-453—OCT. 15, 1980 
the Trust Territory of the Pacific Islands to receive instruction at the 
Academy. 
"(B) Not more than 4 individuals may receive instruction under 
this paragraph at any one time. 
"(C) Any individual receiving instruction under the authority of 
this paragraph shall receive the same allowances and shall be subject 
to the same rules and regulations governing admission, attendance, 
discipline, resignation, discharge, dismissal, and graduation as cadets 
at the Academy appointed from the United States, subject to such 
exceptions as shall be jointly agreed upon by the Secretary and the 
Secretary of the Interior. 
"(5)(A) In addition to paragraphs (3) and (4), the President may 
designate individuals from nations located in the Western Hemi-
sphere other than the United States to receive instruction at the 
Academy. 
"(B) Not more than 12 individuals may receive instruction under 
this paragraph at any one time, and not more than 2 individuals 
receiving instruction under this paragraph at any one time may be 
from the same nation. 
"(C) Any individual receiving instruction under this subparagraph 
is entitled to the same allowances and shall be subject to the same 
rules and regulations governing admission, attendance, discipline, 
resignation, discharge, dismissal, and graduation as cadets at the 
Academy appointed from the United States. 
"(6)(A) In addition to paragraphs (3), (4), and (5), the Secretary may 
permit, upon approval of the Secretary of State, individuals from 
nations other than the United States to receive instruction at the 
Academy. 
"(B) Not more than 30 individuals may receive instruction under 
this paragraph at any one time. 
"(C) The Secretary shall insure that each nation from which an 
individual comes to receive instruction under this paragraph shall 
reimburse the Secretary for the cost of such instruction (including 
the same allowances as received by cadets at the Academy appointed 
from the United States) as determined by the Secretary. 
"(D) Any individual receiving instruction at the Academy under 
this paragraph shall be subject to the same rules and regulations 
governing admission, attendance, discipline, resignation, discharge, 
dismissal, and graduation as cadets at the Academy appointed from 
the United States. 
"(7) Any individual appointed as a cadet to the Academy under 
paragraph (3), or receiving instruction at the Academy under para-
graph (4), (5), or (6), is 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. 
"(c) Any citizen of the United States who is appointed as a cadet at 
the Academy may be appointed by the Secretary of the Navy as a 
midshipman in the United States Naval Reserve (including the 
Merchant Marine Reserve, United States Naval Reserve). 
"(d) The Secretary shall provide to any cadet at the Academy all 
required uniforms and textbooks and allowances for transportation 
(including reimbursement of traveling expenses) while traveling 
under orders as a cadet of the Academy. 
"(e)(1) Each individual appointed as a cadet at the Academy after 
the date occurring 6 months after the effective date of the Maritime 
Ante, p. 1997. 
Education and Training Act of 1980, who is a citizen of the United 
States, shall as a condition of appointment to the Academy sign an 
agreement committing such individual— 
PUBLIC LAW 96-453—OCT. 15, 1980 
94 STAT. 2001 
"(A) to complete the course of instruction at the Academy, 
unless the individual is separated by the Academy; 
"(B) to fulfill the requirements for a license as an officer in the 
merchant marine of the United States on or before the date of 
graduation from the Academy of such individual; 
"(C) 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; 
"(D) to apply for an appointment as, to accept if tendered an 
appointment as, and to serve as a commissioned officer in the 
United States Naval Reserve (including the Merchant Marine 
Reserve, United States Naval Reserve), the United States Coast 
Guard Reserve, or any other Reserve unit of an armed force of 
the United States, for at least 6 years following the date of 
graduation from the Academy of such individual; 
"(E) to serve the foreign and domestic commerce and the 
national defense of the United States for at least 5 years 
following the date of graduation from the Academy— 
"(i) as a merchant marine officer serving on vessels docu-
mented under the laws of the United States or on vessels 
owned and operated by the United States or by any State or 
territory of the United States; 
"(ii) as an employee in a United States maritime-related 
industry, profession, or marine science (as determined by the 
Secretary), if the Secretary determines that service under 
clause (i) is not available to such individual; 
"(iii) as a commissioned officer on active duty in an armed 
force of the United States or in the National Oceanic and 
Atmospheric Administration; or 
"(iv) by combining the services specified in clauses (i), (ii), 
and (iii); and 
"(F) to report to the Secretary on the compliance by the 
individual to this paragraph. 
"(2) 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. 
"(3) 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 and the Secretary of Transportation, 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. 
"(4) The Secretary may defer the service commitment of any 
individual pursuant to subparagraph (E) of paragraph (1) (as specified 
in the agreement required by such paragraph) for a period of not 
more than 2 years if such individual is engaged in a graduate course 
of study approved by the Secretary, except that any deferment of 
service as a commissioned officer pursuant to paragraph (IXE) must 
Six-year duty 
commitment. 
Foreign and 
domestic 
commerce 
service. 
Report. 
Active duty. 
Waiver. 
Active duty. 
Waiver. 
Service 
commitment 
deferment. 
94 STAT. 2002 
PUBLIC LAW 96-453—OCT. 15, 1980 
Training vessels. 
Board of 
Visitors, 
establishment. 
Membership. 
Staff. 
Travel expenses. 
Advisory Board, 
establishment. 
be approved by the Secretary of the military department (including 
the Secretary of the department in which the United States Coast 
Guard is operating with respect to the United States Coast Guard and 
the Secretary of Cormnerce with respect to the National Oceanic and 
Atmospheric Administration) which has jurisdiction over such 
service. 
"(f) The Secretary may provide for the training of cadets at the 
Academy— 
"(1) on vessels owned or subsidized by the United States; 
"(2) on other vessels documented under the laws of the United 
States if the owner of any such vessel cooperates in such use; and 
"(3) in shipyards or plants and with any industrial or educa-
tional organizations. 
"(g) 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 ofiicer's license. 
No individual may be denied a degree under this subsection because 
the individual is not permitted to teike such examination solely 
because of 
physical disqualification. 
"(hXD 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. 
"(2) The Board shall be composed o
f
— 
"(A) 2 Senators appointed by the chairman of the Commerce, 
Science, and Transportation Committee of 
the Senate; 
"(B) 3 Members of the House of Representatives appointed by 
the chairman of the Merchant Marine and Fisheries Committee 
of the House of Representatives; 
"(C) 1 Senator appointed by the Vice President; 
"(D) 1 Member of the House of Representatives appointed by 
the Speaker of the House of Representatives; and 
"(E) the chairman of the Commerce, Science, and Transporta-
tion Committee of the Senate and the chairmsm of the Merchant 
Marine and Fisheries Committee of the House of Representa-
tives, as ex officio members. 
"(3) Whenever a member of the Board is unable to attend the 
emnual meeting provided in pars^aph (1), another individual may be 
appointed in the manner provided by paragraph (2) as a substitute for 
such member. 
"(4) The chairmen of the Commerce, Science, and Transportation 
Committee of the Senate and the Merchant Marine and Fisheries 
Committee of the House of Representatives may designate staff 
members of such committees to serve without reimbursement as staff 
for the Board. 
"(5) While away from their homes or regular places of business in 
the performance of services for the Board, members of the Board and 
any staff members designated under paragraph (4) shall be allowed 
travel expenses, including per diem in lieu of subsistence, in the same 
manner as persons employed intermittently in the Government 
service are allowed expenses under section 5703 of title 5, United 
States Code. 
"(iXl) An Advisory Board to the Academy shall be established to 
visit the Academy at least once during each academic year, for the 
purpose of examining the course of instruction and management of 
the Academy and advising the Assistant Secretary of Commerce for 
Maritime Affairs and the Superintendent of 
the Academy. 
PUBLIC LAW 96-453—OCT. 15, 1980 
94 STAT. 2003 
Regional 
maritime 
academy, 
designation. 
Federal 
assistance. 
"(2) The Advisory Board shall be composed of not more than 7 Membership, 
persons of distinction in education and other fields relating to the 
Academy who shall be appointed by the Secretary for terms not to 
exceed 3 years and may be reappointed. 
"(3) The Secretary shall appoint a chairman from among the 
members of the Advisory Board. 
"(4) While away from their homes or regular places of business in Travel expenses. 
the performance of service for the Advisory Board, members of the 
Advisory Board shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses 
under section 5703 of title 5, United States Code. 
"(5) The Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) 
shall not apply to the Advisory Board established pursuant to this 
subsection. 
"SEC. 1304. (a) The Secretary shall cooperate with and assist any 46 use I295c. 
State maritime academy in providing instruction to individuals to 
prepare them for service in the merchant marine of the United 
States. 
"(b) The Grovernors of all States or territories of the United States, 
or both, cooperating to sponsor a regional maritime academy shall 
designate in writing one State or territory of the United States, from 
among the sponsoring States or territories, or both, to conduct the 
affairs of such regional maritime academy. Any regional maritime 
academy shall be eligible for assistance from the Federal Govern-
ment on the same basis as any State maritime academy sponsored by 
a single State or territory of the United States. 
"(c)(1)(A) The Secretary may furnish for training purposes any Training vessels. 
suitable vessel under the control of the Secretary or provided under 
subparagraph (B), or construct and furnish a suitable vessel if such a 
vessel is not available, to any State maritime academy meeting the 
requirements of subsection (f)(1). Any such vessel— 
"(i) shall be repsiired, reconditioned, and equipped (including 
suppljdng all apparel, charts, books, and instruments of naviga-
tion) as necessary for use as a training ship; 
"(ii) shall be furnished to such State maritime academy only 
after application for such vessel is made in writing by the 
Governor of the State or territory sponsoring such State mari-
time academy or, with respect to a regional maritime academy 
the Governor of the State or territory designated pursuant to 
subsection (b); 
"(iii) shall be furnished to such State maritime academy only if 
a suitable port for the safe mooring of such vessel is available 
while it is being used by such academy; 
"(iv) shall be maintained in good repair by the Secretary; and 
"(v) shall remain the property of the United States. 
"(B) Any department or agency of the United States may provide to 
the Secretary to be furnished to any State maritime academy any 
vessel (including equipment) which is suitable for the purposes of this 
paragraph and which can be provided without detriment to the 
service to which such vessel is assigned. 
"(2) The Secretary may pay to any State maritime academy the 
amount of the costs of all fuel consumed by any vessel furnished 
under paragraph (1) while such vessel is being used for training 
purposes by such academy. 
"(3)(A) The Secretary may provide for the training of individuals 
attending a State maritime academy— 
"(i) on vessels owned or subsidized by the United States; 
Fuel costs, 
payment. 
94 STAT. 2004 
PUBLIC LAW 96-453—OCT. 15, 1980 
Traveling 
expenses. 
Academy 
maintenance 
and support, 
annual 
payments. 
Personnel detail. 
Courses. 
Student 
incentive 
payments. 
"(ii) on other vessels documented under the laws of the United 
States if the owner of any such vessel cooperates in such use; and 
"(iii) in shipyards or plants and with any industrial or educa-
tional organizations. 
"(B) While traveling under orders for purposes of receiving train-
ing under this paragraph, any individual who is attending a State 
maritime academy shall receive from the Secretary allowances for 
transportation (including reimbursement of traveling expenses) in 
accordance with any regulations promulgated by the Secretary. 
"(d)(1) The Secretary may enter into an agreement, which shall be 
effective for not more than 4 years, with one State maritime academy 
(not including regional maritime academies) located in each State or 
territory of the United States which meets the requirements of 
subsection (f)(1), and with each regional maritime academy which 
meets the requirements of subsection (f)(1), to make annual payments 
to each such academy for the maintenance and support of such 
academy. 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). 
"(2) The Secretary shall provide to each State maritime academy 
guidance and assistance in developing courses on the operation and 
maintenance of new vessels, on equipment, and on innovations being 
introduced to the merchant marine of the United States. 
"(e) Upon the request of the Governor of any State or territory, the 
President may detail, without reimbursement, any of the personnel 
of the United States Navy, the United States Coast Guard, or the 
United States Maritime Service to any State maritime academy to 
serve as superintendents, professors, lecturers, or instructors at such 
academy. 
"(f)(1) As a condition to receiving any payment or the use of any 
vessel under this section, any State maritime academy shall— 
"(A) provide courses of instruction on navigation, marine 
engineering (including steam and diesel propulsion), the oper-
ation and maintenance of new vessels and equipment, and 
innovations being introduced to the merchant marine of the 
United States; and 
"(B) agree in writing to conform to such standards for courses, 
training facilities, admissions, and instruction as are established 
by the Secretary after consultation with the superintendents of 
the State maritime academies. 
"(2) As a condition to receiving an annual payment of any amount 
in excess of $25,000 under subsection (d), a State maritime academy 
shall agree to admit to such academy each year a number of 
individuals who meet the admission requirements of such academy 
and who are citizens of the United States residing in States and 
territories of the United States other than the States or territories, or 
both, supporting such academy. The Secretary shall determine the 
number of individuals under this paragraph for each State maritime 
academy so that such number does not exceed one-third of the total 
number of individuals attending such academy at any time. 
"(g)(1) The Secretary may enter into an agreement, which shall be 
effective for not more than 4 academic years, with any individual, 
who is a citizen of the United States and is attending a State 
PUBLIC LAW 96-453—OCT. 15, 1980 
94 STAT. 2005 
maritime academy which entered into an agreement with the Secre-
tary under subsection (d)(1), to make student incentive payments to 
such individual, which payments shall be in amounts equaling $1,200 
for each academic year and which payments shall be— 
"(A) allocated among the various State maritime academies in 
a fair and equitable manner; 
"(B) used to assist the individual in pasdng the cost of uniforms, 
bool^, and subsistence; and 
"(C) paid by the Secretary to the individual in such pajnnents 
as the Secretary shall prescribe while such individual is attend-
ing such academy. 
"(2) Each agreement entered into under paragraph (1) shall require 
the individual to apply for midshipman status in the United States 
Naval Reserve (including the Merchant Marine Reserve, United 
States Naval Reserve) before receiving any student incentive pay-
ments under this subsection, 
"(3) Each agreement entered into under paragraph (1) shall obli-
gate the individual receiving student incentive payments under the 
agreement— 
"(A) to complete the course of instruction at the State mari-
time academy which the individual is attending, unless the 
individual is separated by such academy; 
"(B) to take the examination for a license as an officer in the 
merchant marine of the United States on or before the date of 
graduation from such State maritime academy of such individual 
and to fulfill the requirements for such license not later than 3 
months after such graduation date; 
"(C) 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 indi-
vidual; 
"(D) to apply for an appointment as, to accept if tendered an 
appointment as, and to serve as a commissioned officer in the 
United States Naval Reserve (including the Merchant Marine 
Reserve, United States Naval Reserve), the United States Coast 
Guard Reserve, or any other reserve unit of an armed force of the 
United States, for at least 6 years following the date of gradua-
tion from such State maritime academy of such individual; 
"(E) to serve the foreign and domestic commerce and the 
national defense of the United States for at least 3 years 
following the date of 
graduation from the Academy— 
"(i) as a merchant marine officer serving on vessels docu-
mented under the laws of the United States or on vessels 
owned and operated by the United States or by any State or 
territory of 
the United States; 
"(ii) as an employee in a United States maritime-related 
industry, profession, or marine science (as determined by the 
Secretary), if the Secretary determines that service under 
clause (i) is not available to such individual; 
"(iii) as a commissioned officer on active duty in an armed 
force of the United States or in the National Oceanic and 
Atmospheric Administration; or 
"(iv) by combining the services specified in clauses (i), (11), 
and (iii); and 
"(F) to report to the Secretary on the compliance by the 
individual to this paragraph. 
"(4) If the Secretary determines that any individual who has 
attended a State maritime academy for not less than 2 years has 
Midshipman 
status 
requirement. 
Incentive 
payments, 
obligations. 
Six-year duty 
commitment. 
Foreign and 
domestic 
commerce 
service. 
Report. 
Active duty. 
94 STAT. 2006 
PUBLIC LAW 96-453—OCT. 15, 1980 
Waiver. 
Active duty. 
Waiver. 
Service 
deferment, 
condition. 
Ante, p. 1997. 
Additional 
training. 
46 u s e 1295d. 
Equipment or 
supplies, 
purchase. 
United States 
Maritime 
Service, 
establishment. 
46 u s e 1295e. 
Enrollment 
determination. 
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 para-
graph. 
"(5) 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 and the Secretary of Transportation, 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. 
"(6) The Secretary may defer the service commitment of any 
individual pursuant to subparagraph (E) of paragraph (3) (as specified 
in the agreement required by such paragraph) for a period of not 
more than 2 years if such individual is engaged in a graduate course 
of study approved by the Secretary, except that any deferment of 
service as a commissioned officer pursuant to subparagraph (E) of 
such paragraph must be approved by the Secretary of the military 
department (including the Secretary of the department in which the 
United States Coast Guard is operating with respect to the United 
States Coast Guard and the Secretary of Commerce with respect to 
the National Oceanic and Atmospheric Administration) which has 
jurisdiction over such service. 
"(7) This subsection shall apply only to individuals first entering a 
State maritime academy after the date occurring 6 months after the 
effective date of the Maritime Education and Training Act of 1980. 
"(h) Any citizen of the United States attending a State maritime 
academy may be appointed by the Secretary of the Navy as a 
midshipman in the United States Naval Reserve (including the 
Merchant Marine Reserve, United States Naval Reserve). 
"SEC. 1305. (a) The Secretary may provide additional training on 
maritime subjects, as the Secretary deems necessary, to supplement 
other training opportunities and may make any such training availa-
ble to the personnel of the merchant marine of the United States and 
to individuals preparing for a career in the merchant marine of the 
United States. 
"(b) The Secretary may prepare or purchase any equipment or 
supplies required for any training provided under subsection (a) and 
may contract with any person, partnership, firm, association, or 
corporation (without regard to section 3709 of the Revised Statutes of 
the United States (41 U.S.C. 5)) for the performance of any services 
deemed necessary by the Secretary in the preparation of any such 
equipment or supplies and in the supervision and administration of 
any such training. 
SEC. 1306. (a) The Secretary may establish and maintain a volun-
tary organization for the training of citizens of the United States to 
serve on merchant marine vessels of the United States to be known as 
the United States Maritime Service. 
"(b) The Secretary may determine the number of individuals to be 
enrolled for training and reserve purposes in such service, to fix the 
rates of pay and allowances of such individuals without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of title 5, 
PUBLIC LAW 96-453—OCT. 15, 1980 
94 STAT. 2007 
United States Code (relating to classification and General Schedule 
pay rates), to prescribe the course of study and the periods of training 
in such service, and to prescribe the uniform of such service and the 
rules governing the wearing and furnishing of such uniform. 
"(c) The ranks, grades, and ratings for personnel of the United 
States Maritime Service shall be the same as are then prescribed for 
the personnel of the United States Coast Guard. 
"SEC. 1307. (a) As used in this section, the term 'civilian nautical 
school' means any school operated and conducted in the United 
States (except the Academy maintained under section 1303, any State 
maritime academy assisted under section 1304, and any other school 
operated by the United States or any agency of the United States) 
which offers instruction to individuals quartered on board any vessel 
for the primary purpose of training them for service in the merchant 
marine. 
"(b) Each civilian nautical school shall be subject to examination 
and inspection by the Secretary, and the Secretary may (under such 
rules and regulations as the Secretary may prescribe) provide for the 
rating and certification of such schools as to the adequacy of the 
course of instruction, the competency of the instructors, and the 
suitability of the equipment used by, or in connection with, such 
school. 
"(c)(1) Any vessel or other floating equipment, other than a vessel 
of the United States Navy or the United States Coast Guard, used by 
or in connection with any civilian nautical school (whether such 
vessel or other floating equipment is being navigated or not) shall be 
subject to the vessel inspection laws of the United States under the 
same terms as is a passenger carrying vessel or a vesssel carrying 
passengers for hire. 
"(2) The Secretary of the department in which the United States 
Coast Guard is operating shall issue regulations to carry out the 
inspection of such vessels and floating equipment. 
"(d) Whoever— 
"(1) violates this section or any regulations promulgated to 
implement this section; 
"(2) is an owner of a vessel or floating equipment which is in 
violation of the requirements of this section; 
"(3) is an officer or member of the Board of Directors of a 
school, organization, association, partnership, or corporation 
which owns a vessel or floating equipment which is used in 
violation of the requirements of this section or which uses such a 
vessel or floating equipment in violation of this section, 
shall be fined not more than $10,000 or imprisoned for not more than 
one year, or both, for each offense. 
"SEC. 1308. (a) The Secretary shall establish such rules and regula-
tions as may be necessary to carry out this title. 
"(b) The Secretary may cooperate with and assist the Academy, any 
State maritime academy, and any nonprofit training institution 
which has been jointly approved by the Secretary and the Secretary 
of the department in which the United States Coast Guard is 
operating as offering training courses which meet Federal regula-
tions for maritime training, by making vessels, shipboard equipment, 
and other marine equipment, owned by the United States which have 
been determined to be excess or surplus, available by gift, loan, sale, 
lease, or charter to such institution for instructional purposes on such 
terms as the Secretary deems appropriate. 
5 u s e 5101 et 
seq., 5331. 
"Civilian 
nautical school. 
46 u s e 1295f. 
Examination 
and inspection. 
Regulations. 
Violation, 
penalty. 
Rules and 
regulations. 
46 u s e 1295g. 
Excess vessels 
and equipment. 
94 STAT. 2008 
PUBLIC LAW 96-453—OCT. 15, 1980 
Personnel detail. 
Personnel, 
employment. 
5 u s e 101. 
5 u s e 5101 et 
seq., 5331. 
eertain vessels, 
inspection 
regulations. 
Inspection 
requirements, 
violation. 
Penalty. 
Ante, p. 2006. 
Ante, p. 1997. 
"(c)(1) The Secretary may secure directly from any department or 
agency of the United States any information, facilities, or equipment, 
on a reimbursable basis, necessary to carry out this title. 
"(2) Upon the request of the Secretary, the head of any department 
or agency of the United States (including any military department of 
the United States) may detail, on a reimbursable basis, any of the 
personnel of such department or agency to the Secretary to assist in 
carrying out this title. 
"(d) To carry out this title, the Secretary may employ at the 
Academy any individual as a professor, lecturer, or instructor, 
without regard to the provisions of title 5, United States Code 
(governing appointments in the competitive service), and may pay 
such individual without regard to the provisions of chapter 51 and 
subchapter III of 
chapter 53 of such title (relating to classification and 
General Schedule pay rates). 
"(e)(1) The Secretary of the department in which the United States 
Coast Guard is operating shall inspect, and prescribe regulations for 
the inspection of, any vessel of more than 15 gross tons, other than a 
vessel of the United States Navy or the United States Coast Guard, 
which is used primarily for training or instruction provided by the 
Academy under section 1303 or by a State maritime academy assisted 
under section 1304. Any such vessel shall not be subject to inspection 
under any other law or regulation requiring the inspection of such 
vessel by the United States Coast Guard. 
"(2) Any inspection under paragraph (1) shall include inspections of 
lifesaving and firefighting equipment, structure and arrangement 
generally, safe loading, and living and working conditions. 
"(3) Any regulations prescribed under paragraph (1) shall take into 
account the function, purpose, and use of such vessels, the routes of 
such vessels, £ind the number of individusds who may be carried on 
such vessels. 
"(4) Any vessel which is described in paragraph (1) may not be used 
in connection with any training or instruction provided by the 
Academy under section 1303 or by a State maritime academy assisted 
under section 1304 as long as such vessel is in violation of any 
regulations prescribed pursuant to this subsection or does not pass 
any inspection conducted pursuant to this subsection. 
^^(5) Whoever— 
"(A) refuses to allow, or impedes or interferes with, any 
inspection required by this subsection; or 
(B) violates any regulations prescribed under this subsection, 
shall be fined not more than $10,000 or imprisoned for not more than 
one year, or both, for each offense.". 
SEC. 3. (a) Section 209(b) of the Merchant Marine Act, 1936 (46 
U.S.C. 1119(b)) is amended— 
(1) by striking out "State Marine Schools" in clause (7) and 
inserting in lieu thereof "State maritime academies under sec-
tion 1304 of this Act"; 
(2) by striking out "extension and correspondence courses 
authorized under section 216(c) of this Act; and in clause (9) and 
inserting in lieu thereof "additional training provided under 
section 1305 of 
this Act;"; 
(3) by redesignating clause (10) as clause (11); and 
(4) by inserting after clause (9) the following new clause: 
"(10) expenses necessary to carry out title XIII of this Act; 
and", 
(b) Section 905 of the Merchant Marine Act, 1936 (46 U.S.C. 1244), is 
amended by adding after subsection (e) the following new subsections: 
PUBLIC LAW 96-453—OCT. 15, 1980 
94 STAT. 2009 
"(f) The terms 'Representative' and 'Member of the Congress' 
include Delegates to the House of Representatives from the District 
of Columbia, Guam, and the Virgin Islands, and the Resident Com-
missioner to the House of Representatives from the Commonwealth 
of Puerto Rico. 
"(g) The term 'United States' includes the District of Columbia, the 
Commonwealth of Puerto Rico, the Northern Mariana Islands, 
Guam, American Samoa, the Virgin Islands, and the areas and 
installations in the Republic of Panama made available to the United 
States pursuant to the Panama Caned 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 
Republic of Panama Concerning Air Traffic Control and Related 
Services, concluded January 8,1979.". 
(c) The Act entitled "An Act to encourage the establishment of 
Public Marine Schools", approved June 20, 1874 (18 Stat. 121), is 
repealed. 
(d) Section 216 of the Merchant Marine Act, 1936 (46 U.S.C. 1126) is 
repealed. 
(e) The Act entitled "An Act to provide for the examination of 
civilian nautical schools and for the inspection of vessels used in 
connection therewith, and for other purposes", approved June 12, 
1940 (46 U.S.C. 1331-1334, commonly known as the Civilian Nautical 
School Act), is repealed. 
(f) The joint resolution entitled "Joint resolution to establish a 
Board of Visitors for the United States Merchant Marine Academy", 
approved May 11,1944 (46 U.S.C. 1126c), is repealed. 
(g) The Act entitled "An Act to authorize the course of instruction 
at the United States Merchant Marine Academy to be given to not 
exceeding twelve persons at a time from the American republics, 
other than the United States", approved August 9, 1946 (46 U.S.C. 
1126b), is repealed. 
(h) The Act entitled "An Act to create an Academic Advisory Board 
for the United States Merchant Marine Academy", approved July 22, 
1947 (46 U.S.C. 1126d), is repealed. 
(i) Section 34 of 
the Act entitled "An Act to revise, codify, and enact 
into law, title 10 of the United States Code entitled 'Armed Forces', 
and title 32 of the United States Code, entitled 'National Guard' ", 
approved August 10,1956 (46 U.S.C. 1126a-l), is repealed. 
(j) The Maritime Academy Act of 1958 (46 U.S.C. 1381-1388) is 
repealed, except as provided in section 1304(gX5) of title XIII of the 
Merchant Marine Act, 1936 (as added by section 2 of this Act). 
"Repre-
sentative" and 
"Member of the 
Congress." 
"United States." 
Repeal. 
Repeal. 
Repeal. 
Repeal. 
Repeal. 
Repeal. 
Repeal. 
Repeal. 
Ante, p. 2003. 
94 STAT. 2010 
PUBLIC LAW 96-453—OCT. 15, 1980 
Repeal. 
(k) The Act entitled "An Act to authorize the Secretary of Interior 
to nominate citizens of the Trust Territoiy of the Pacific telands to be 
cadets at the United States Merchant Marine Academy", approved 
September 14,1961 (46 U.S.C. 1126b-l), is repealed. 
Effective date. 
SEC. 4. This Act shall take effect on October 1,1981. 
46 u s e 1295 
note- 
Approved October 15, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1139 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
June 30, considered and passed House. 
Sept. 30, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42: 
Oct. 15, Presidential statement.