46 U.S.C. § 51302 — Nomination and competitive appoint-

Page 352 TITLE 46—SHIPPING § 51302 ommendations referred to in subsection (c)(1). The prioritization and implementation plan shall— ‘‘(i) be developed using the strategies, processes, and systems developed pursuant to an agreement entered into under paragraph (1); ‘‘(ii) include estimated timelines and cost esti- mates for the implementation of priority goals; ‘‘(iii) include summaries of stakeholder and interagency engagement used to assess goals and timelines; ‘‘(iv) with respect to any recommendation the Superintendent determines is not relevant to the Maritime Administration, include an explanation for the determination; and ‘‘(v) submitted to the Inspector General of the Department of Transportation and the appro- priate congressional committees and made pub- licly available. ‘‘(B) AUDIT AND REPORT.—The Inspector General of the Department of Transportation shall— ‘‘(i) not later than 180 days after the date on which the prioritization and implementation plan described in subparagraph (A) is made publicly available, initiate an audit of the actions taken by the Maritime Administration to address such plan; ‘‘(ii) monitor the actions taken by the Maritime Administration to implement recommendations contained in the audit required under clause (i) and in prior audits of the Maritime Administra- tion’s implementation of National Academy of Public Administration recommendations and pe- riodically initiate subsequent audits of the con- tinued actions taken by the Maritime Adminis- tration to address the prioritization and imple- mentation plan, as the Inspector General deter- mines necessary; and ‘‘(iii) after the completion of the audit required under clause (i), submit to the Administrator of the Maritime Administration and the appropriate congressional committees, and make publicly available, a report containing the results of the audit. ‘‘(C) REPORT OF PROGRESS.—Not later than 180 days after the date on which the report required under clause (ii) is made publicly available, and an- nually thereafter, the Administrator of the Mari- time Administration shall submit to the Inspector General of the Department of Transportation and the appropriate congressional committees a report that includes a description of— ‘‘(i) the actions planned to be taken by the Mar- itime Administration, and estimated timeframes, to implement any open or unresolved rec- ommendation— ‘‘(I) included in the report of the Inspector General required under subsection (B)(iii); or ‘‘(II) referred to in subsection (c)(1); and ‘‘(ii) an identification of any recommendation referred to in clause (i) for which the Maritime Administration failed to meet a target action date, or for which the Maritime Administration requested an extension of time, and the reasons why such an extension was necessary. ‘‘(3) AGREEMENT FOR PLAN ON CAPITAL IMPROVE- MENTS.—Not later than 90 days after the date of the enactment of this Act, the Maritime Administrator shall seek to enter into an agreement with a Federal construction agent for the development of a plan to execute capital improvements at the United States Merchant Marine Academy. ‘‘(e) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘appropriate congressional com- mittees’ means— ‘‘(1) the Committee on Commerce, Science, and Transportation of the Senate; ‘‘(2) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate; ‘‘(3) the Committee on Transportation and Infra- structure of the House of Representatives; ‘‘(4) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Rep- resentatives; and ‘‘(5) the Committee on Armed Services of the House of Representatives.’’ CONCURRENT JURISDICTION Pub. L. 115–232, div. C, title XXXV, § 3506, Aug. 13, 2018, 132 Stat. 2309, provided that: ‘‘Notwithstanding any other law, the Secretary of Transportation may re- linquish, at the Secretary’s discretion, to the State of New York, such measure of legislative jurisdiction over the lands constituting the United States Merchant Ma- rine Academy in King’s Point, New York, as is nec- essary to establish concurrent jurisdiction between the Federal Government and the State of New York. Such partial relinquishment of legislative jurisdiction shall be accomplished— ‘‘(1) by filing with the Governor of New York a no- tice of relinquishment to take effect upon acceptance thereof; or ‘‘(2) as the laws of that State may provide.’’ CLASS PROFILES Pub. L. 114–328, div. C, title XXXV, § 3516(b), Dec. 23, 2016, 130 Stat. 2789, provided that: ‘‘(1) IN GENERAL.—Not later than August 31 of each year, the Superintendent of the United States Mer- chant Marine Academy shall post on the Academy’s public website a profile of each class at the Academy. ‘‘(2) CONTENTS.—Each profile posted under paragraph (1) shall include, for the incoming class of the Academy and for the 4 classes that preceded that class at the Academy, the number and percentage of students by— ‘‘(A) State; ‘‘(B) country; ‘‘(C) gender; ‘‘(D) race and ethnicity; and ‘‘(E) prior military service.’’ § 51302. Nomination and competitive appoint- ment of cadets (a) REQUIREMENTS.—An individual may be nominated for a competitive appointment as a cadet at the United States Merchant Marine Academy only if the individual— (1) is a citizen or national of the United States; and (2) meets the minimum requirements that the Secretary of Transportation shall estab- lish. (b) NOMINATORS.—Nominations for competitive appointments for the positions allocated under subsection (c) may be made as follows: (1) A Senator may nominate residents of the State represented by that Senator. (2) A Member of the House of Representa- tives may nominate residents of the State in which the congressional district represented by that Member is located. (3) A Delegate to the House of Representa- tives from the District of Columbia, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa may nominate residents of the jurisdiction represented by that Dele- gate. (4) The Resident Commissioner to the United States from Puerto Rico may nominate resi- dents of Puerto Rico. (5) The Panama Canal Commission may nominate— (A) residents, or sons or daughters of resi- dents, of an area or installation in Panama 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.