46 U.S.C. § 51302a — Nomination in event of death, resigna-

Page 353 TITLE 46—SHIPPING § 51302a and made available to the United States under the Panama Canal 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 Con- cerning Air Traffic Control and Related Services, concluded January 8, 1979; and (B) sons or daughters of personnel of the United States Government and the Panama Canal Commission residing in Panama. (c) ALLOCATION OF POSITIONS.—Positions for competitive appointments shall be allocated each year as follows: (1) Positions shall be allocated for residents of each State nominated by the Members of Congress from that State in proportion to the representation in Congress from that State. (2) Four positions shall be allocated for resi- dents of the District of Columbia nominated by the Delegate to the House of Representa- tives from the District of Columbia. (3) One position each shall be allocated for residents of the Virgin Islands, Guam, and American Samoa nominated by the Delegates to the House of Representatives from the Vir- gin Islands, Guam, and American Samoa, re- spectively. (4) One position shall be allocated for a resi- dent of Puerto Rico nominated by the Resi- dent Commissioner to the United States from Puerto Rico. (5) One position shall be allocated for a resi- dent of the Northern Mariana Islands nomi- nated by the Governor of the Northern Mar- iana Islands. (6) Two positions shall be allocated for indi- viduals nominated by the Panama Canal Com- mission. (d) COMPETITIVE SYSTEM FOR APPOINTMENT.— (1) ESTABLISHMENT OF SYSTEM.—The Sec- retary shall establish a competitive system for selecting individuals nominated under sub- section (b) to fill the positions allocated under subsection (c). The system must determine the relative merit of each individual based on competitive examinations, an assessment of the individual’s academic background, and other effective indicators of motivation and probability of successful completion of train- ing at the Academy. (2) APPOINTMENTS BY JURISDICTION.—The Sec- retary shall appoint individuals to fill the po- sitions allocated under subsection (c) for each jurisdiction in the order of merit of the indi- viduals nominated from that jurisdiction. (3) REMAINING UNFILLED POSITIONS.—If posi- tions remain unfilled after the appointments are made under paragraph (2), the Secretary shall appoint individuals to fill the positions in the order of merit of the remaining individ- uals nominated from all jurisdictions. (e) CONGRESSIONAL NOTIFICATION IN ADVANCE OF APPOINTMENTS.—When a nominee of a Sen- ator, Representative, or Delegate is selected for appointment as a cadet, the Senator, Represent- ative, or Delegate shall be notified at least 48 hours before the official notification or an- nouncement of the appointment is made. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1570; Pub. L. 111–383, div. C, title XXXV, § 3503, Jan. 7, 2011, 124 Stat. 4518; Pub. L. 114–328, div. A, title V, § 566(d), Dec. 23, 2016, 130 Stat. 2139.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51302(a) ...... 46 App.:1295b(b) (1)(A). June 29, 1936, ch. 858, title XIII, § 1303(b)(1)–(3)(A), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1998; Pub. L. 101–595, title VII, § 708(1), (2), Nov. 16, 1990, 104 Stat. 2995. 46 App.:1295b(b)(2) (A) (related to nominations). 51302(b) ...... 46 App.:1295b(b)(1) (less cl. (A)). 46 App.:1295b(b)(3) (A)(ii) (related to who may be nomi- nated). 51302(c) ...... 46 App.:1295b(b)(3) (A) (less (ii) (re- lated to who may be nominated)). 51302(d) ...... 46 App.:1295b(b)(2) (A) (related to se- lection), (B), (3)(B), (C). In subsection (b)(6)(A), the words ‘‘residents, or sons or daughters of residents, of an area or installation’’ are substituted for ‘‘a resident of the area or installa- tion’’ in 46 App. U.S.C. 1295b(b)(1)(B) and ‘‘sons or daughters of residents of any area or installation’’ in 46 App. U.S.C. 1295b(b)(3)(A)(ii) to resolve an inconsist- ency in the source law and to conform to the probable intent of Congress. Although 46 App. U.S.C. 1295b(b)(1)(B) provides that a nominee must be a resi- dent, 46 App. U.S.C. 1295b(b)(3)(A)(ii) allocates positions only for sons or daughters of residents. Editorial Notes AMENDMENTS 2016—Subsec. (e). Pub. L. 114–328 added subsec. (e). 2011—Subsec. (b)(3). Pub. L. 111–383, § 3503(1), inserted ‘‘the Northern Mariana Islands,’’ after ‘‘Guam,’’. Subsec. (b)(5), (6). Pub. L. 111–383, § 3503(2), redesig- nated par. (6) as (5) and struck out former par. (5) which read as follows: ‘‘The Governor of the Northern Mar- iana Islands may nominate residents of the Northern Mariana Islands.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 applicable with re- spect to the appointment of cadets and midshipmen to the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Merchant Marine Academy for classes entering these service academies after Jan. 1, 2018, see section 566(e) of Pub. L. 114–328, set out as a note under section 7442 of Title 10, Armed Forces. § 51302a. Nomination in event of death, resigna- tion, or expulsion from office of Senator oth- erwise authorized to nominate (a) SENATORS.—In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 51302(b)(1) of this title due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator’s successor as Sen- ator occurs after the date of the deadline for submittal of nominations for cadets for the aca- demic year, the nominations for cadets other- wise authorized to be made by the Senator pur- suant to such section shall be made instead by the other Senator from the State concerned. Page 354 TITLE 46—SHIPPING § 51303 (b) CONSTRUCTION OF AUTHORITY.—Any nomi- nation for cadets made by a Senator pursuant to this section is not a reallocation of a nomina- tion. Such nominations are made in lieu of a Senator not submitting nominations for cadets for an academic year in accordance with section 51302 of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator’s successor oc- curs after the date of the deadline for submittal of nominations for cadets for the academic year. (Added Pub. L. 118–159, div. C, title XXXV, § 3537(a), Dec. 23, 2024, 138 Stat. 2316.) § 51303. Non-competitive appointments (a) IN GENERAL.—The Secretary of Transpor- tation may appoint each year without competi- tion as cadets at the United States Merchant Marine Academy not more than 50 qualified in- dividuals with qualities the Secretary considers to be of special value to the Academy. In mak- ing these appointments, the Secretary shall try to achieve a national demographic balance at the Academy. (b) APPOINTMENT OF CANDIDATES SELECTED FOR PREPARATORY SCHOOL SPONSORSHIP.—The Sec- retary of Transportation may appoint each year as cadets at the United States Merchant Marine Academy not more than 40 qualified individuals sponsored by the Academy to attend pre- paratory school during the academic year prior to entrance in the Academy, and who have suc- cessfully met the terms and conditions of spon- sorship set by the Academy. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1572; Pub. L. 114–328, div. C, title XXXV, § 3516(a), Dec. 23, 2016, 130 Stat. 2789; Pub. L. 116–92, div. C, title XXXV, § 3504, Dec. 20, 2019, 133 Stat. 1970.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51303 .......... 46 App.:1295b(b) (3)(D). June 29, 1936, ch. 858, title XIII, § 1303(b)(3)(D), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1999. Editorial Notes AMENDMENTS 2019—Pub. L. 116–92 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2016—Pub. L. 114–328 substituted ‘‘50’’ for ‘‘40’’. § 51304. Additional appointments from particular areas (a) OTHER COUNTRIES IN WESTERN HEMI- SPHERE.—The President may appoint individuals from countries in the Western Hemisphere other than the United States to receive instruction at the United States Merchant Marine Academy. Not more than 12 individuals may receive in- struction under this subsection at the same time, and not more than 2 individuals from the same country may receive instruction under this subsection at the same time. (b) OTHER COUNTRIES GENERALLY.— (1) APPOINTMENT.—The Secretary of Trans- portation, with the approval of the Secretary of State, may appoint individuals from coun- tries other than the United States to receive instruction at the Academy. Not more than 30 individuals may receive instruction under this subsection at the same time. (2) REIMBURSEMENT.—The Secretary of Transportation shall ensure that the country from which an individual comes under this subsection will reimburse the Secretary for the cost (as determined by the Secretary) of the instruction and allowances received by the individual. (c) PANAMA.— (1) APPOINTMENT.—The Secretary of Trans- portation, with the approval of the Secretary of State, may appoint individuals from Pan- ama to receive instruction at the Academy. Individuals appointed under this subsection are in addition to those appointed under any other provision of this chapter. (2) REIMBURSEMENT.—The Secretary of Transportation shall be reimbursed for the cost (as determined by the Secretary) of the instruction and allowances received by an in- dividual appointed under this subsection. (d) ALLOWANCES AND REGULATIONS.—Individ- uals receiving instruction under this section are entitled to the same allowances and are subject to the same regulations on admission, attend- ance, discipline, resignation, discharge, dis- missal, and graduation, as cadets at the Acad- emy appointed from the United States. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1572.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51304(a) ...... 46 App.:1295b(b) (5)(A), (B). June 29, 1936, ch. 858, title XIII, § 1303(b)(5)–(7), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1999; Pub. L. 99–368, § 5, Aug. 1, 1986, 100 Stat. 776; Pub. L. 101–595, title VII, § 708(3), Nov. 16, 1990, 104 Stat. 2995. 51304(b) ...... 46 App.:1295b(b) (6)(A)–(C). 51304(c) ...... 46 App.:1295b(b) (7)(A), (B). 51304(d) ...... 46 App.:1295b(b) (5)(C), (6)(D), (7)(C). The word ‘‘appoint’’ is substituted for ‘‘designate’’ and ‘‘permit’’ for consistency in the chapter. § 51305. Prohibited basis for appointment Preference may not be given to an individual for appointment as a cadet at the United States Merchant Marine Academy because one or more members of the individual’s immediate family are alumni of the Academy. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1572.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51305 .......... 46 App.:1295b(b) (3)(E). June 29, 1936, ch. 858, title XIII, § 1303(b)(3)(E), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1999. § 51306. Cadet commitment agreements (a) AGREEMENT REQUIREMENTS.—A citizen of the United States appointed as a cadet at the