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H.R. 5451 (96th): Maritime Education and Training Act of 1979

The text of the bill below is as of Oct 15, 1980 (Passed Congress).


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      Oct. 15, 1980
  to the United States Merchant Marine Academy and to State maritime academies          [H.R. 5451]
  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                 Maritime
cited as the "Maritime Education and Training Act of 1980".                          Education and
                                                                                     Training Act of
   SEC. 2. The Merchant Marine Act, 1936 (46 U.S.C. 1101, et seq.), is               1980.
amended by adding after title XII the following new title:                           46 u s e 1295
                                                                                     note.
    "TITLE XIII—MARITIME EDUCATION AND TRAINING
   "SEC. 1301. It is the policy of the United States that merchant 46 u s e 1295.
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—                              Definitions.
        "(1) the term Secretary' means the Secretary of Commerce; 46 u s e 1295a.
        "(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—

94 STAT. 1998 PUBLIC LAW 96-453—OCT. 15, 1980 "(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. 46 u s e 1295b. "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. Cadet "(bXD Each Senator and Member of the House of Representatives, appointees, resident the Panama Canal Commission, the Governor of the Northern requirements. 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. Minimum "(2XA) The Secretary shall establish minimum requirements for requirements the individuals nominated pursuant to paragraph (1) and shall and competitive establish a system of competition for the selection of individuals system. 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. Positions, "(3XA) Qualified individu£ils nominated pursuant to paragraph (1) allocation. 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- Merit-based uals to fill the positions allocated pursuant to subparagraph (A) (from appointment. 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 Non-competitive competition as cadets at the Academy not more than 40 qualified appointments. 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 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 Six-year duty appointment as, and to serve as a commissioned officer in the commitment. 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 Foreign and national defense of the United States for at least 5 years domestic commerce following the date of graduation from the Academy— service. "(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 Report. individual to this paragraph. "(2) If the Secretary determines that any individual who has Active duty. 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 Waiver. determined by the Secretary, the Secretary may waive this paragraph. "(3) If the Secretary determines that any individual has failed to Active duty. 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 Waiver. by the Secretary, the Secretary may waive this paragraph. "(4) The Secretary may defer the service commitment of any Service individual pursuant to subparagraph (E) of paragraph (1) (as specified commitment deferment. 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
94 STAT. 2002 PUBLIC LAW 96-453—OCT. 15, 1980 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. Training vessels. "(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. Board of "(hXD A Board of Visitors to the Academy shall be established to Visitors, visit the Academy annually on a date determined by the Secretary establishment. and to make recommendations on the operation of the Academy. Membership. "(2) The Board shall be composed of— "(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. Staff. "(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. Travel expenses. "(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. Advisory Board, establishment. "(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 "(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, Regional maritime or both, cooperating to sponsor a regional maritime academy shall academy, designate in writing one State or territory of the United States, from designation. among the sponsoring States or territories, or both, to conduct the affairs of such regional maritime academy. Any regional maritime Federal academy shall be eligible for assistance from the Federal Govern- assistance. 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 Fuel costs, amount of the costs of all fuel consumed by any vessel furnished payment. 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;
94 STAT. 2004 PUBLIC LAW 96-453—OCT. 15, 1980 "(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. Traveling "(B) While traveling under orders for purposes of receiving train- expenses. 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. Academy "(d)(1) The Secretary may enter into an agreement, which shall be maintenance effective for not more than 4 years, with one State maritime academy and support, annual (not including regional maritime academies) located in each State or payments. 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. Personnel detail. "(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. Courses. "(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. Student "(g)(1) The Secretary may enter into an agreement, which shall be incentive effective for not more than 4 academic years, with any individual, payments. 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 Midshipman the individual to apply for midshipman status in the United States status requirement. 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- Incentive gate the individual receiving student incentive payments under the payments, obligations. 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 Six-year duty appointment as, and to serve as a commissioned officer in the commitment. 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 Foreign and national defense of the United States for at least 3 years domestic following the date of graduation from the Academy— commerce service. "(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 Report. individual to this paragraph. "(4) If the Secretary determines that any individual who has Active duty. attended a State maritime academy for not less than 2 years has
94 STAT. 2006 PUBLIC LAW 96-453—OCT. 15, 1980 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 Waiver. 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. Active duty. "(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 Waiver. duty to serve such period of time. In cases of hardship as determined by the Secretary, the Secretary may waive this paragraph. Service "(6) The Secretary may defer the service commitment of any deferment, individual pursuant to subparagraph (E) of paragraph (3) (as specified condition. 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 Ante, p. 1997. 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). Additional "SEC. 1305. (a) The Secretary may provide additional training on training. maritime subjects, as the Secretary deems necessary, to supplement 46 u s e 1295d. 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. Equipment or "(b) The Secretary may prepare or purchase any equipment or supplies, supplies required for any training provided under subsection (a) and purchase. 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. United States SEC. 1306. (a) The Secretary may establish and maintain a volun- Maritime tary organization for the training of citizens of the United States to Service, establishment. serve on merchant marine vessels of the United States to be known as 46 u s e 1295e. the United States Maritime Service. Enrollment "(b) The Secretary may determine the number of individuals to be determination. 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 5 u s e 5101 et seq., 5331. 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 "Civilian school' means any school operated and conducted in the United nautical school. 46 u s e 1295f. 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 Examination and inspection by the Secretary, and the Secretary may (under such and inspection. 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 Regulations. Coast Guard is operating shall issue regulations to carry out the inspection of such vessels and floating equipment. "(d) Whoever— Violation, penalty. "(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- Rules and tions as may be necessary to carry out this title. regulations. 46 u s e 1295g. "(b) The Secretary may cooperate with and assist the Academy, any Excess vessels State maritime academy, and any nonprofit training institution and equipment. 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.
94 STAT. 2008 PUBLIC LAW 96-453—OCT. 15, 1980 "(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. Personnel detail. "(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. Personnel, "(d) To carry out this title, the Secretary may employ at the employment. Academy any individual as a professor, lecturer, or instructor, 5 u s e 101. 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 5 u s e 5101 et subchapter III of chapter 53 of such title (relating to classification and seq., 5331. General Schedule pay rates). eertain vessels, "(e)(1) The Secretary of the department in which the United States inspection Coast Guard is operating shall inspect, and prescribe regulations for regulations. 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. Inspection ^^(5) Whoever— requirements, "(A) refuses to allow, or impedes or interferes with, any violation. inspection required by this subsection; or Penalty. (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 Ante, p. 2006. section 1305 of this Act;"; (3) by redesignating clause (10) as clause (11); and (4) by inserting after clause (9) the following new clause: Ante, p. 1997. "(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' "Repre- include Delegates to the House of Representatives from the District sentative" and "Member of the of Columbia, Guam, and the Virgin Islands, and the Resident Com- Congress." missioner to the House of Representatives from the Commonwealth of Puerto Rico. "(g) The term 'United States' includes the District of Columbia, the "United States." 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 Repeal. 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 Repeal. repealed. (e) The Act entitled "An Act to provide for the examination of Repeal. 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 Repeal. 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 Repeal. 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 Repeal. 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 Repeal. 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 Repeal. 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). 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.