46 USC 51508 - Allowances for students

Collapse to view only § 51508. Allowances for students

§ 51501. General support program
§ 51502. Detailing of personnel
§ 51503. Regional maritime academies
§ 51504. Use of training vessels
§ 51505. Annual payments for maintenance and support
§ 51506. Conditions to receiving payments and use of vessels
§ 51507. Places of training
§ 51508. Allowances for students
§ 51509. Student incentive payment agreements
§ 51510. Deferment of service obligation under student incentive payment agreements
§ 51511. Midshipman status in the Navy Reserve

§ 51501. General support program

(a)Assistance to State Maritime Academies.—The Secretary of Transportation shall cooperate with and assist State maritime academies in providing instruction to individuals to prepare them for service in the merchant marine of the United States.

(b)Course Development.—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.

(c)American Maritime Centers of Excellence.—The Secretary shall designate each State maritime academy as an American Maritime Center of Excellence.

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1577; Pub. L. 116–92, div. C, title XXXV, § 3505, Dec. 20, 2019, 133 Stat. 1970.)

§ 51502. Detailing of personnel

At the request of the Governor of a State, the President may detail, without reimbursement, personnel of the Navy, the Coast Guard, and the Maritime Service to a State maritime academy to serve as a superintendent, professor, lecturer, or instructor at the academy.

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1577.)

§ 51503. Regional maritime academies

The Governors of the States cooperating to sponsor a regional maritime academy shall designate in writing one of those States to conduct the affairs of that academy. A regional maritime academy is eligible for assistance from the United States Government on the same basis as a State maritime academy sponsored by a single State.

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1577.)

§ 51504. Use of training vessels

(a)Applications To Use Vessels.—The Governor of a State sponsoring a State maritime academy (or the Governor of the State designated to conduct the affairs of a regional maritime academy) may apply in writing to the Secretary of Transportation to obtain the use of a training vessel for the academy. A vessel provided under this section remains the property of the United States Government.

(b)General Authority.—Subject to subsection (c), the Secretary may provide to a State maritime academy, for use as a training vessel, a suitable vessel under the control of the Secretary or made available to the Secretary under subsection (e). If a suitable vessel is not available, the Secretary may build and provide a suitable vessel.

(c)Approval Requirements.—The Secretary may provide a vessel under this section only if—

(1) an application has been made under subsection (a);

(2) the State maritime academy satisfies section 51506(a) of this title; and

(3) a suitable port will be available for the safe mooring of the vessel while the academy is using the vessel.

(d)Preparation and Maintenance.—A vessel provided under this section shall be—

(1) repaired, reconditioned, and equipped (with all apparel, charts, books, and instruments of navigation) as necessary for use as a training vessel; and

(2) maintained in good repair by the Secretary.

(e)Agency Vessels.—An agency may provide to the Secretary, for use by a State maritime academy, a vessel (including equipment) that—

(1) is suitable for training purposes; and

(2) can be provided without detriment to the service to which the vessel is assigned.

(f)Fuel Costs.—

(1)In general.—Subject to the availability of appropriations, the Secretary shall pay to each State maritime academy the costs of fuel used by a vessel provided under this section while used for training.

(2)Maximum amounts.—The amount of the payment to a State maritime academy under paragraph (1) may not exceed—

(A) $100,000 for fiscal year 2006;

(B) $200,000 for fiscal year 2007; and

(g)Vessel Sharing.—

(1)In general.—Not later than 90 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2019, the Secretary, acting through the Maritime Administrator, shall upon consultation with the maritime academies, and to the extent feasible with the consent of the maritime academies, implement a program of training vessel sharing, requiring maritime academies to share training vessel 1

1 So in original. Probably should be “vessels”.

provided by the Secretary among maritime academies, as necessary to ensure that training needs of each academy are met.

(2)Program of vessel sharing.—For purposes of this subsection, a program of vessel sharing shall include—

(A) ways to maximize the available underway training available in the fleet of training vessels;

(B) coordinating the dates and duration of training cruises with the academic calendars of maritime academies;

(D) identifying ways to minimize costs.

(3)Additional funding.—Subject to the availability of appropriations, the Maritime Administrator may provide additional funding to State maritime academies during periods of limited training vessel capacity, for costs associated with training vessel sharing.

(4)Evaluation.—Not later than 30 days after the beginning of each fiscal year, the Secretary, acting through the Maritime Administrator, shall evaluate the vessel sharing program under this subsection to determine the optimal utilization of State maritime training vessels, and modify the program as necessary to improve utilization.

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1577; Pub. L. 109–163, div. C, title XXXV, § 3502(b), Jan. 6, 2006, 119 Stat. 3548; Pub. L. 110–181, div. C, title XXXV, § 3523(a)(2), (b), Jan. 28, 2008, 122 Stat. 599, 600; Pub. L. 115–232, div. C, title XXXV, § 3505, Aug. 13, 2018, 132 Stat. 2308.)

§ 51505. Annual payments for maintenance and support

(a)Payment Agreements.—The Secretary of Transportation may make an agreement (effective for not more than 4 years) with the following academies to provide annual payments to those academies for their maintenance and support:

(1) One State maritime academy in each State that satisfies section 51506(a) of this title.

(2) Each regional maritime academy that satisfies section 51506(a) of this title.

(b)Payments.—

(1)In general.—Subject to paragraph (2), an annual payment to an academy under subsection (a) 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, or, for a regional maritime academy, by all States cooperating to sponsor the academy.

(2)Maximum.—The amount under paragraph (1) may not be more than $25,000, unless the academy satisfies section 51506(b) of this title.

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1578; Pub. L. 109–163, div. C, title XXXV, § 3502(a), Jan. 6, 2006, 119 Stat. 3547; Pub. L. 110–181, div. C, title XXXV, § 3523(a)(3), (b), Jan. 28, 2008, 122 Stat. 599, 600; Pub. L. 115–232, div. C, title XXXV, § 3515(d), Aug. 13, 2018, 132 Stat. 2313.)

§ 51506. Conditions to receiving payments and use of vessels

(a)General Conditions.—As conditions of receiving an annual payment or the use of a vessel under this chapter, a State maritime academy shall—

(1) 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;

(2) 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;

(3) 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

(4) agree that any individual enrolled at such State maritime academy in a merchant marine officer preparation program—

(A) 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—

(i) required for the issuance of an original license under section 7101; or

(ii) set by the Coast Guard for issuing merchant mariners’ documentation under section 7302, with no limit to the individual’s operational authority;

(B) 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

(C) 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.

(b)Additional Condition to Payments of More Than $25,000.—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.

(c)Secretarial Waiver Authority.—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.

(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.)

§ 51507. Places of training

The Secretary of Transportation may provide for the training of students attending a State maritime academy—

(1) on vessels owned or subsidized by the United States Government;

(2) on other documented vessels, with the permission of the owner; and

(3) in shipyards or plants and with industrial or educational organizations.

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1579.)

§ 51508. Allowances for students

Under regulations prescribed by the Secretary of Transportation, a student at a State maritime academy shall receive from the Secretary allowances for transportation (including reimbursement of traveling expenses) when traveling under orders to receive training under section 51507 of this title.

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1579.)

§ 51509. Student incentive payment agreements

(a)General Authority.—If a State maritime academy has an agreement with the Secretary of Transportation under section 51505 of this title, the Secretary may make an agreement with a student at the academy who is a citizen of the United States to make student incentive payments to the individual. An agreement with a student may not be effective for more than 4 academic years. The Secretary shall allocate payments under this section among the various State maritime academies in an equitable manner.

(b)Payments.—

(1)In general.—Except as provided in paragraph (2), payments under an agreement under this section shall be equal to $16,000 each academic year and be paid in such installments as the Secretary shall determine while the individual is attending the academy, as prescribed by the Secretary.

(2)Exception.—The Secretary may modify the payments made to an individual under paragraph (1), but the total amount of payments to that individual may not exceed $64,000.

(3)Authorized uses.—The payments shall be used for uniforms, tuition, books, and subsistence.

(c)Enlisted Reserve Status.—An agreement under this section shall require the student to accept enlisted reserve status in the Navy Reserve (including the Strategic Sealift Officer Program, Navy Reserve) or the Coast Guard Reserve before receiving any payments under the agreement.

(d)Agreement Requirements.—An agreement under this section shall require the student to—

(1) complete the course of instruction at the academy the individual is attending;

(2) obtain a merchant mariner license, without limitation as to tonnage or horsepower, from the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certification required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation, within three months of completion of the course of instruction at the academy the individual is attending;

(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

(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 and meet the participation requirements and to 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 3 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), 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.

(e)Failure To Complete Course of Instruction.—

(1)Active duty.—

(A)In general.—The Secretary of Defense may order an individual to serve on active duty in the armed forces of the United States for a period of not more than 2 years if—

(i) the individual has attended an academy under this section for more than 2 academic years, but less than 3 academic years;

(ii) the individual has accepted the payments described in subsection (b) in an amount totaling at least $8,000; and

(iii) the Secretary of Transportation has determined that the individual has failed to fulfill the part of the agreement described in subsection (d)(1).

(B) 3 or more years.—The Secretary of Defense may order an individual to serve on active duty in the armed forces of the United States for a period of not more than 3 years if—

(i) the individual has attended an academy under this section for 3 or more academic years;

(ii) the individual has accepted the payments described in subsection (b) in an amount totaling at least $16,000; and

(iii) the Secretary of Transportation has determined that the individual has failed to fulfill the part of the agreement described in subsection (d)(1).

(C)Hardship waiver.—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 amount of student incentive payments, plus interest and attorney fees. 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.

(f)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 (d)(2)–(6), the individual may be ordered to serve on active duty for a period of at least 2 years but not more than the unexpired period (as determined by the Secretary) of the service required by subsection (d)(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.

(g)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.

(h)Alternative Service.—

(1)Service as commissioned officer.—An individual who, for the 5-year period following graduation from an 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 (d).

(2)The Secretary may modify or waive any of the terms and conditions set forth in subsection (d) through the imposition of alternative service requirements.

(i)Age Requirement.—The Secretary may make an agreement under this section only with a qualified student who will meet the age requirement for enlistment or commission in the Navy Reserve at the time of graduation from the academy.

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1579; 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, § 3508, Oct. 17, 2006, 120 Stat. 2517; Pub. L. 110–181, div. C, title XXXV, §§ 3523(a)(1), (b), 3526(d), (g), Jan. 28, 2008, 122 Stat. 598, 600, 602; Pub. L. 110–417, div. C, title XXXV, § 3503, Oct. 14, 2008, 122 Stat. 4762; Pub. L. 111–8, div. I, title I, § 177, Mar. 11, 2009, 123 Stat. 944; Pub. L. 111–84, div. C, title XXXV, § 3507, Oct. 28, 2009, 123 Stat. 2721; Pub. L. 114–92, div. C, title XXXV, § 3507, Nov. 25, 2015, 129 Stat. 1221; Pub. L. 118–7, § 2, June 30, 2023, 137 Stat. 52; Pub. L. 118–31, div. C, title XXXV, § 3501(b), Dec. 22, 2023, 137 Stat. 808.)

§ 51510. Deferment of service obligation under student incentive payment agreements

The Secretary of Transportation may defer the service commitment of an individual under section 51509(d)(5) of this title (as specified in the agreement under section 51509) for not more than 2 years if the individual is engaged in a graduate course of study approved by the Secretary. However, deferment of service as a commissioned officer on active duty must be approved by the Secretary of the affected military department (or the Secretary of Commerce, for service with the National Oceanic and Atmospheric Administration).

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1581.)

§ 51511. Midshipman status in the Navy Reserve

A citizen of the United States attending a State maritime academy may be appointed by the Secretary of the Navy as a midshipman in the Navy Reserve (including the Merchant Marine Reserve, Navy Reserve).

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1582; Pub. L. 109–163, div. A, title V, § 515(g)(2), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 110–181, div. C, title XXXV, § 3523(a)(1), (b), Jan. 28, 2008, 122 Stat. 598, 600.)