U.S. Code, Title 46, Shipping, Appendix

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 1295c. State Maritime Academies

(a) Cooperation and assistance

     The Secretary shall cooperate with and assist any State maritime academy in providing instruction to individuals to prepare them for service in the merchant marine of the United States.

(b) Regional maritime academies

     The Governors 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 Government on the same basis as any State maritime academy sponsored by a single State or territory of the United States.

(c) Training vessels

     (1)(A) The Secretary may furnish for training purposes any 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) of this section. Any such vessel—

     (i) shall be repaired, reconditioned, and equipped (including supplying all apparel, charts, books, and instruments of navigation) 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 maritime academy or, with respect to a regional maritime academy the Governor of the State or territory designated pursuant to subsection (b) of this section;

     (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;

     (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 educational organizations.

     (B) While traveling under orders for purposes of receiving training 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) Annual payments

     (1)(A) 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) of this section, and with each regional maritime academy which meets the requirements of subsection (f)(1) of this section, to make annual payments to each such academy for the maintenance and support of such academy.

     (B) Subject to subparagraph (C), the annual payment to such State maritime academy shall be at least equal to the amount given to the academy for its maintenance and support by the State in which it is located, and to such regional maritime academy shall be at least equal to the amount given the academy by all States and territories cooperating to sponsor the academy.

     (C) The amount under subparagraph (B) may not be more than $25,000, except that the amount shall be—

     (i) $100,000 to such State maritime academy if the academy meets the condition set forth in subsection (f)(2) of this section; or

     (ii) $200,000 to such regional maritime academy if the academy meets the condition set forth in subsection (f)(2) of this section.

     (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) Detailing of personnel

     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) Conditions to receiving payments or use of vessels

     (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 operation and maintenance of new vessels and equipment, and innovations being introduced to the merchant marine of the United States;

     (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; and

     (C) agree in writing to require, as a condition for graduation, that each individual who is a citizen of the United States and who is attending the academy in a merchant marine officer preparation program shall pass the examination administered by the Coast Guard required for issuance of a license under section 7101 of title 46.

     (2) As a condition to receiving an annual payment of any amount in excess of $25,000 under subsection (d) of this section, 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) Student incentive payment agreements

     (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 maritime academy which entered into an agreement with the Secretary under subsection (d)(1) of this section, to make student incentive payments to such individual, which payments shall be in amounts equaling $3,000 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 paying the cost of uniforms, books, and subsistence; and

     (C) paid by the Secretary as the Secretary shall prescribe while the individual is attending the academy.

     (2) Each agreement entered into under paragraph (1) shall require the individual to accept midshipman and enlisted reserve status in the United States Naval Reserve (including the Merchant Marine Reserve, United States Naval Reserve) before receiving any student incentive payments under this subsection.

     (3) Each agreement entered into under paragraph (1) shall obligate the individual receiving student incentive payments under the agreement—

     (A) to complete the course of instruction at the State maritime 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 individual;

     (D) 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 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 documented 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.

     (4) 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.

     (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, 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 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 October 1, 1981.

(h) Appointment of cadet as midshipman in United States Naval Reserve

     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).

(June 29, 1936, ch. 858, § 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.)

Amendments

     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."

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."

Section Referred to in Other Sections

     This section is referred to in sections 1119, 1295a, 1295f of this Appendix; title 10 section 5985; title 46 section 3302.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 1295c. State Maritime Academies," U.S. Code, Title 46, Shipping, Appendix in U.S. Code, Title 46, Shipping, Appendix (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed January 19, 2020, http://www.originalsources.com/Document.aspx?DocID=3T8R4HLRC7WH1E7.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 1295c. State Maritime Academies." U.S. Code, Title 46, Shipping, Appendix, in U.S. Code, Title 46, Shipping, Appendix, Washington, D.C., Government Printing Office, 2002, Original Sources. 19 Jan. 2020. www.originalsources.com/Document.aspx?DocID=3T8R4HLRC7WH1E7.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 1295c. State Maritime Academies' in U.S. Code, Title 46, Shipping, Appendix. cited in 2002, U.S. Code, Title 46, Shipping, Appendix, Government Printing Office, Washington, D.C.. Original Sources, retrieved 19 January 2020, from http://www.originalsources.com/Document.aspx?DocID=3T8R4HLRC7WH1E7.