46 U.S.C. § 51506 — Conditions to receiving payments and use of vessels
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 624 words · no verdicts yet
To get federal payments or a training vessel, a state academy must meet several conditions. It must teach set courses, follow federal standards, and require students to pass licensing and medical exams. Academies getting over $25,000 must also admit a share of out-of-state students.
(a) General Conditions. To receive an annual payment or use of a vessel* under this chapter, a state maritime academy* must: (1) teach courses on navigation, marine engineering (including steam and diesel propulsion), operating and maintaining new vessels and equipment, and merchant marine innovations; (2) agree in writing to follow the Secretary's standards for courses, training facilities, admissions, and instruction -- set after consulting academy* superintendents -- including standards for the program in subsection (c); (3) agree in writing to require, before graduation, that each U.S. citizen in a merchant marine officer* program pass the license exam under section 7101; and (4) agree that each enrolled student in a merchant marine officer program (A) must, within 9 months of enrolling, pass an exam showing they meet the medical and physical standards for a section 7101 license or Coast Guard merchant mariner documentation with no limit on their authority; (B) must keep meeting those standards for the rest of their enrollment after passing; and (C) if disqualified by a medical or physical condition, must be moved to a different program or otherwise properly withdrawn, until they can show the Secretary they meet the standards.
(b) Additional Condition to Payments of More Than $25,000. To get more than $25,000 a year under section 51505, an academy must also agree to admit each year, from among qualified applicants, a set number of U.S. citizens who live in states that don't support that academy -- no more than one-third of all students at the academy at any time. The Secretary decides the exact number for each academy.
(c) Armed Forces Merchant Mariner Officer Expedited Preparation Program. A state* academy may offer a program letting an eligible person finish an approved merchant marine officer program, and meet the section 7101 license requirements, in under 3 years, without earning a degree. An eligible person is someone who (A) either served honorably in the armed forces or has at least six years in the National Guard or Reserves, and (B) already has a bachelor's degree from a qualifying institution of higher education.
(d) Secretarial Waiver Authority. The Secretary may change or waive any term in subsection (a)(4) for any individual or academy.
As conditions of receiving an annual payment or the use of a vessel* under this chapter, a State maritime academy* shall—
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;
agree in writing to conform to the standards for courses, training facilities, admissions, and instruction that the Secretary of Transportation may establish after consultation with the superintendents of State* maritime academies, which shall include standards for a program described in subsection (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 pass the examination required for the issuance of a license under section 7101 of this title; and
agree that any individual enrolled at such State maritime academy in a merchant marine officer preparation program—
shall, not later than 9 months after such individual’s date of enrollment, pass an examination in form and substance satisfactory to the Secretary that demonstrates that such individual meets the medical and physical requirements—
required for the issuance of an original license under section 7101; or
set by the Coast Guard for issuing merchant mariners’ documentation under section 7302, with no limit to the individual’s operational authority;
following passage of the examination under subparagraph (A), shall continue to meet the requirements described in subparagraph (A) throughout the remainder of the individual’s enrollment at the State maritime academy; and
if the individual has a medical or physical condition that disqualifies the individual from meeting the requirements referred to in subparagraph (A), shall be transferred to a program other than a merchant marine officer preparation program, or otherwise appropriately disenrolled from such State maritime academy, until the individual demonstrates to the Secretary that the individual meets such requirements.
As a condition of receiving an annual payment of more than $25,000 under section 51505 of this title, a State maritime academy also must agree to admit each year a number of citizens of the United States who meet its admission requirements and reside in a State not supporting that academy. The Secretary shall determine the number of individuals to be admitted by each academy under this subsection. The number may not be more than one-third of the total number of individuals attending the academy at any time.
A State maritime academy may offer a program under which an eligible individual may complete a merchant marine officer preparation program approved by the Secretary, and the requirements for the issuance of a license under section 7101 of this title, in less than 3 years, without a requirement to earn a baccalaureate or other degree from the State maritime academy.
For purposes of this subsection, an eligible individual is an individual—
who is—
a person who served in the Armed Forces, and who was discharged or released therefrom under honorable conditions; or
a member of the National Guard or Reserves who has performed at least six years of service therein; and
who has earned a baccalaureate degree from an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)).
The Secretary may modify or waive any of the terms set forth in subsection (a)(4) with respect to any individual or State maritime academy.
Source credit: (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1579; Pub. L. 114–328, div. C, title XXXV, § 3515, Dec. 23, 2016, 130 Stat. 2788; Pub. L. 118–159, div. C, title XXXV, § 3534, Dec. 23, 2024, 138 Stat. 2313.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1579
- 2016Amended · Pub. L. 114-328 · 130 Stat. 2788
- 2024Amended · Pub. L. 118-159 · 138 Stat. 2313
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
all 0 arguments · sorted by: best
no arguments yet — make the first case