Cadet commitment agreements

46 U.S.C. § 51306

• Title: 46 — Shipping
• Chapter: 513 — UNITED STATES MERCHANT MARINE ACADEMY

Text

(a) Agreement Requirements.—A citizen of the United States appointed as a cadet at the United States Merchant Marine Academy shall sign, as a condition of the appointment, an agreement to—
(1) complete the course of instruction at the Academy;
(2) obtain a merchant mariner license, unlimited as to horsepower or tonnage, issued by the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation, before graduation from the Academy;
(3) for at least 6 years after graduation from the Academy, maintain—
(A) a valid merchant mariner license, unlimited as to horsepower or tonnage, issued by the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation;
(B) a valid transportation worker identification credential; and
(C) a Coast Guard medical certificate;
(4) apply for, and accept if tendered, an appointment as a commissioned officer in the Navy Reserve (including the Strategic Sealift Officer Program, Navy Reserve), the Coast Guard Reserve, or any other reserve component of an armed force of the United States, and, if tendered the appointment, to serve, meet the participation requirements, and maintain active status in good standing, as determined by the program manager of the appropriate military service, for at least 8 years after the date of commissioning;
(5) serve the foreign and domestic commerce and the national defense of the United States for at least 5 years after graduation from the Academy—
(A) as a merchant marine officer on a documented vessel or a vessel owned and operated by the United States Government or by a State;
(B) as an employee in a United States maritime-related industry, profession, or marine science (as determined by the Secretary of Transportation), if the Secretary determines that service under subparagraph (A) is not available to the individual;
(C) as a commissioned officer on active duty in an armed force of the United States, as a commissioned officer in the National Oceanic and Atmospheric Administration, or in other maritime-related Federal employment which serves the national security interests of the United States, as determined by the Secretary; or
(D) by a combination of the service alternatives referred to in subparagraphs (A)–(C); and
(6) report to the Secretary on compliance with this subsection.
(b) Failure To Complete Course of Instruction.—
(1) Active duty.—If the Secretary of Transportation determines that an individual who has attended the Academy for at least 2 years has failed to fulfill the part of the agreement described in subsection (a)(1), the individual may be ordered by the Secretary of Defense to serve on active duty in one of the armed forces of the United States for a period of not more than 2 years. In cases of hardship as determined by the Secretary of Transportation, the Secretary of Transportation may waive this paragraph in whole or in part.
(2) Recovery of cost.—If the Secretary of Defense is unable or unwilling to order an individual to serve on active duty under paragraph (1), or if the Secretary of Transportation determines that reimbursement of the cost of education provided would better serve the interests of the United States, the Secretary of Transportation may recover from the individual the cost of education provided by the Government.
(c) Failure To Carry Out Other Requirements.—
(1) Active duty.—If the Secretary of Transportation determines that an individual has failed to fulfill any part of the agreement described in subsection (a)(2)–(6), the individual may be ordered to serve on active duty for a period of at least 3 years but not more than the unexpired period (as determined by the Secretary) of the service required by subsection (a)(5). The Secretary of Transportation, in consultation with the Secretary of Defense, shall determine in which service the individual shall serve. In cases of hardship as determined by the Secretary of Transportation, the Secretary of Transportation may waive this paragraph in whole or in part.
(2) Recovery of cost.—If the Secretary of Defense is unable or unwilling to order an individual to serve on active duty under paragraph (1), or if the Secretary of Transportation determines that reimbursement of the cost of education provided would better serve the interests of the United States, the Secretary of Transportation may recover from the individual the cost of education provided. The Secretary may reduce the amount to be recovered to reflect partial performance of service obligations and other factors the Secretary determines merit a reduction.
(d) Actions To Recover Cost.—To aid in the recovery of the cost of education provided by the Government under a commitment agreement under this section, the Secretary of Transportation may—
(1) request the Attorney General to bring a civil action against the individual; and
(2) make use of the Federal debt collection procedures in chapter 176 of title 28 or other applicable administrative remedies.
(e) Alternative Service.—
(1) Service as commissioned officer.—An individual who, for the 5-year period following graduation from the Academy, serves as a commissioned officer on active duty in an armed force of the United States or as a commissioned officer of the National Oceanic and Atmospheric Administration or the Public Health Service shall be excused from the requirements of paragraphs (3) through (5) of subsection (a).
(2) Modification or waiver.—The Secretary may modify or waive any of the terms and conditions set forth in subsection (a) through the imposition of alternative service requirements.
(f) Service Obligation Performance Reporting Requirement.—
(1) In general.—Subject to any otherwise applicable restrictions on disclosure in section 552a of title 5, the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating, the Administrator of the National Oceanic and Atmospheric Administration, and the Surgeon General of the Public Health Service—
(A) shall report the status of obligated service of an individual graduate of the Academy upon request of the Secretary; and
(B) may, in their discretion, notify the Secretary of any failure of the graduate to perform the graduate's duties, either on active duty or in the Ready Reserve component of their respective service, or as a commissioned officer of the National Oceanic and Atmospheric Administration or the Public Health Service, respectively.
(2) Information to be provided.—A report or notice under paragraph (1) shall identify any graduate determined to have failed to comply with service obligation requirements and provide all required information as to why such graduate failed to comply.
(3) Considered as in default.—Upon receipt of such a report or notice, such graduate may be considered to be in default of the graduate's service obligations by the Secretary, and subject to all remedies the Secretary may have with respect to such a default.

History

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1572; Pub. L. 109–163, div. A, title V, §515(g)(2)(A), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 109–364, div. C, title XXXV, §§3505(a), 3506(a), Oct. 17, 2006, 120 Stat. 2516, 2517; Pub. L. 110–181, div. C, title XXXV, §§3523(a)(1), (b), 3526(b)(1), (c)(1), (g), Jan. 28, 2008, 122 Stat. 598, 600–602; Pub. L. 114–92, div. C, title XXXV, §3506, Nov. 25, 2015, 129 Stat. 1220.)

Editorial Notes

In subsection (a), before paragraph (1), the words "after the date occurring 6 months after October 1, 1981" are omitted as obsolete. In paragraph (2), the words "before graduating" are substituted for "on or before the date of graduation" to eliminate unnecessary words. In paragraph (5)(A), the words "or territories" are omitted as unnecessary because of the definition of "State" in chapter 1 of the revised title.
In subsection (d), the words "bring a civil action" are substituted for "begin court proceedings" for consistency in the revised title and with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

Editorial Notes

Amendments
2015—Subsec. (a). Pub. L. 114–92, §3506(1), substituted "shall sign" for "must sign" in introductory provisions.
Subsec. (a)(2). Pub. L. 114–92, §3506(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "fulfill the requirements for a license as an officer in the merchant marine of the United States before graduation from the Academy;".
Subsec. (a)(3). Pub. L. 114–92, §3506(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "maintain a valid license as an officer in the merchant marine of the United States for at least 6 years after graduation from the Academy, accompanied by the appropriate national and international endorsements and certification required by the Coast Guard for service aboard vessels on domestic and international voyages;".
Subsec. (a)(4). Pub. L. 114–92, §3506(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "apply for, and accept if tendered, an appointment as a commissioned officer in the Navy Reserve (including the Merchant Marine Reserve, Navy Reserve), the Coast Guard Reserve, or any other reserve unit of an armed force of the United States, and, if tendered the appointment, to serve for at least 6 years after graduation from the Academy;".
2008—Pub. L. 110–181, §3526(g), repealed Pub. L. 109–364, §§3505(a) and 3506(a). See 2006 Amendment note below.
Pub. L. 110–181, §3523(b), repealed Pub. L. 109–163, §515(g)(2)(A). See 2006 Amendment note below.
Subsec. (a)(4). Pub. L. 110–181, §3523(a)(1), incorporated the substance of the amendment by Pub. L. 109–163, §515(g)(2)(A), into this section by substituting "Navy Reserve" for "Naval Reserve" in two places. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.
Subsecs. (e), (f). Pub. L. 110–181, §3526(b)(1), (c)(1), incorporated the substance of the amendments by Pub. L. 109–364, §§3505(a), 3506(a), into this section by adding subsecs. (e) and (f). See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.
2006—Pub. L. 109–364, §§3505(a), 3506(a), which directed the amendment of section 1295b(e) of the former Appendix to this title from which this section was derived, were repealed by Pub. L. 110–181, §3526(g). See 2008 Amendment note for subsecs. (e) and (f) and Historical and Revision notes above.
Pub. L. 109–163, §515(g)(2)(A), which directed the amendment of section 1295b of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3523(b). See 2008 Amendment note for subsec. (a)(4) and Historical and Revision notes above.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment
Pub. L. 110–181, div. C, title XXXV, §3526(b)(2), Jan. 28, 2008, 122 Stat. 601, provided that: "Section 51306(e) of title 46, United States Code, as added by paragraph (1), applies only to an individual who enrolls as a cadet at the United States Merchant Marine Academy, and signs an agreement under section 51306(a) of title 46, after October 17, 2006."
Pub. L. 110–181, div. C, title XXXV, §3526(c)(2), Jan. 28, 2008, 122 Stat. 602, provided that: "Section 51306(f) of title 46, United States Code, as added by paragraph (1), does not apply with respect to an agreement entered into under section 51306(a) of title 46, United States Code, before October 17, 2006."

Effective Date of 2006 Amendment
Pub. L. 109–364, div. C, title XXXV, §3505(b), Oct. 17, 2006, 120 Stat. 2517, which provided that par. (6) of section 1295b(e) of the former Appendix to this title from which this section was derived, applied only to an individual who enrolled as a cadet at the United States Merchant Marine Academy and signed an agreement under par. (1) of that section after Oct. 17, 2006, was repealed by Pub. L. 110–181, div. C, title XXXV, §3526(g), Jan. 28, 2008, 122 Stat. 602.
Pub. L. 109–364, div. C, title XXXV, §3506(b), Oct. 17, 2006, 120 Stat. 2517, which provided that the enactment of par. (7) of section 1295b(e) of the former Appendix to this title from which this section was derived, did not apply with respect to an agreement entered into under section 1295b(e) before Oct. 17, 2006, was repealed by Pub. L. 110–181, div. C, title XXXV, §3526(g), Jan. 28, 2008, 122 Stat. 602.