46 U.S.C. § 51301 — Maintenance of the Academy

Page 348 TITLE 46—SHIPPING § 51104 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51103(a) ...... 46 App.:1295 (last sentence cl. (1)). June 29, 1936, ch. 858, title XIII, § 1301 (last sentence cl. (1)), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1997; Pub. L. 97–31, § 12(142)(A), Aug. 6, 1981, 95 Stat. 166. 51103(b) ...... 46 App.:1295g(b). June 29, 1936, ch. 858, title XIII, § 1308(b)–(d), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2007. 51103(c) ...... 46 App.:1295g(c). 51103(d) ...... 46 App.:1295g(d). In subsection (c), the word ‘‘department’’ is omitted as unnecessary because of the definition of ‘‘agency’’ in chapter 1 of the revised title. Editorial Notes AMENDMENTS 2014—Subsec. (e). Pub. L. 113–281 added subsec. (e). 2012—Subsec. (b). Pub. L. 112–213, § 404(1), struck out ‘‘Surplus’’ before ‘‘Property’’ in heading. Subsec. (b)(1). Pub. L. 112–213, § 404(2), amended par. (1) generally. Prior to amendment, text read as follows: ‘‘The Secretary may cooperate with and assist the in- stitutions named in paragraph (2) by making vessels, shipboard equipment, and other marine equipment, owned by the United States Government and deter- mined to be excess or surplus, available to those insti- tutions for instructional purposes, by gift, loan, sale, lease, or charter on terms the Secretary considers ap- propriate.’’ Subsec. (b)(2)(C). Pub. L. 112–213, § 404(3), inserted ‘‘or a training institution that is an instrumentality of a State, the District of Columbia, a territory or posses- sion of the United States, or a unit of local government thereof’’ after ‘‘a nonprofit training institution’’. § 51104. General authority of Secretary of the Navy The Secretary of the Navy, in cooperation with the Maritime Administrator and the head of each State maritime academy, shall ensure that— (1) the training of future merchant marine officers at the United States Merchant Marine Academy and at State maritime academies in- cludes programs for naval science training in the operation of merchant vessels as a naval and military auxiliary; and (2) naval officer training programs for future officers, insofar as possible, are maintained at designated maritime academies consistent with Navy standards and needs. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1570.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51104 .......... 46 App.:1126–1(a) (last sentence), (b). Pub. L. 94–361, title VI, § 603(a) (last sentence), (b), July 14, 1976, 90 Stat. 929; Pub. L. 97–31, § 12(76), Aug. 6, 1981, 95 Stat. 160. 46 App.:1295 (last sentence cl. (2)). June 29, 1936, ch. 858, title XIII, § 1301 (last sentence cl. (2)), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1997; Pub. L. 97–31, § 12(142)(B), Aug. 6, 1981, 95 Stat. 166. CHAPTER 513—UNITED STATES MERCHANT MARINE ACADEMY Sec. 51301. Maintenance of the Academy. Sec. 51302. Nomination and competitive appointment of cadets. 51302a. Nomination in event of death, resignation, or expulsion from office of Senator otherwise authorized to nominate. 51303. Non-competitive appointments. 51304. Additional appointments from particular areas. 51305. Prohibited basis for appointment. 51306. Cadet commitment agreements. 51307. Places of training. 51308. Uniforms, textbooks, and transportation al- lowances. 51309. Academic degree. 51310. Deferment of service obligation under cadet commitment agreements. 51311. Midshipman status in the Navy Reserve. 51312. Board of Visitors. 51313. Advisory Board. 51314. Limitation on charges and fees for attend- ance. 51315. Gifts to the Merchant Marine Academy. 51316. Temporary appointments to the Academy. 51317. Adjunct professors. 51318. Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking. 51319. Sexual assault response coordinators and sex- ual assault victim advocates. 51320. Acceptance of guarantees with gifts for major projects. 51321. Grants for scientific and educational re- search. 51322. Protection of cadets from sexual assault on- board vessels. 51323. United States Merchant Marine Academy Ad- visory Council. 51324. Unfilled vacancies. 51325. Sexual assault and sexual harassment preven- tion information management system. 51326. Student advisory board at the United States Merchant Marine Academy. 51327. Sexual Assault Advisory Council. 51328. Student support. Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. C, title XXXV, § 3537(b), Dec. 23, 2024, 138 Stat. 2316, added item 51302a. 2022—Pub. L. 117–263, div. C, title XXXV, § 3531(c), Dec. 23, 2022, 136 Stat. 3087, added items 51325 to 51328. 2021—Pub. L. 117–81, div. C, title XXXV, § 3501(c)(2), Dec. 27, 2021, 135 Stat. 2238, added items 51323 and 51324. 2017—Pub. L. 115–91, div. C. title XXXV, §§ 3510(b), 3512(b), 3514(d)(2), 3516(b), Dec. 12, 2017, 131 Stat. 1918, 1919, 1923, 1928, added items 51318 and 51320 to 51322 and struck out former item 51318 ‘‘Policy on sexual harass- ment and sexual assault’’. 2016—Pub. L. 114–328, div. C, title XXXV, §§ 3510(b), 3511(b), Dec. 23, 2016, 130 Stat. 2785, 2786, added items 51318 and 51319. 2011—Pub. L. 111–383, div. A, title X, § 1075(d)(25), Jan. 7, 2011, 124 Stat. 4374, amended Pub. L. 111–84, § 3503(b)(1). See 2009 Amendment note below. 2009—Pub. L. 111–84, div. C, title XXXV, § 3503(b)(1), Oct. 28, 2009, 123 Stat. 2719, as amended by Pub. L. 111–383, div. A, title X, § 1075(d)(25), Jan. 7, 2011, 124 Stat. 4374, added item 51317. 2008—Pub. L. 110–417, div. C, title XXXV, § 3506(g)(2), (h)(2), Oct. 14, 2008, 122 Stat. 4765, added items 51315 and 51316. Pub. L. 110–181, div. C, title XXXV, § 3523(a)(1), Jan. 28, 2008, 122 Stat. 598, substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ in item 51311. § 51301. Maintenance of the Academy (a) IN GENERAL.—The Secretary of Transpor- tation shall maintain the United States Mer- Page 349 TITLE 46—SHIPPING § 51301 chant Marine Academy as an institution of higher education to provide instruction to indi- viduals to prepare them for service in the mer- chant marine of the United States, to conduct research with respect to maritime-related mat- ters, and to provide such other appropriate aca- demic support, assistance, training, and activi- ties in accordance with the provisions of this chapter as the Secretary may authorize. (b) RECRUITMENT.—The Secretary of Transpor- tation may, subject to the availability of appro- priations, expend funds available for United States Merchant Marine Academy operating ex- penses for recruiting activities, including adver- tising, in order to obtain recruits for the Acad- emy and cadet applicants. (c) SUPERINTENDENT.— (1) IN GENERAL.—The immediate command of the United States Merchant Marine Academy shall be in the Superintendent of the Acad- emy, subject to the direction of the Maritime Administrator under the general supervision of the Secretary of Transportation. (2) APPOINTMENT.—The Secretary of Trans- portation shall appoint as the Super- intendent— (A) an individual who has— (i) attained the rank of Captain, Chief Mate, or Chief Engineer in the merchant marine of the United States, or a general or flag officer rank in the Navy, Army, Air Force, Marine Corps, Coast Guard, or Na- tional Oceanic and Atmospheric Adminis- tration; and (ii) served at sea in any rank; (B) an individual who has— (i)(I) served at sea in the merchant ma- rine, Navy, Army, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration; or (II) held a valid Coast Guard merchant mariner credential; and (ii) demonstrated exemplary leadership in the education of individuals in the Armed Forces or United States merchant marine; or (C) if a qualified individual described in subparagraph (A) or (B) does not apply for the position, an individual who has— (i) attained the grade of captain or above in the merchant marine, Navy, Coast Guard, or National Oceanic and Atmos- pheric Administration or colonel or above in the Army, Air Force, or Marine Corps; and (ii) served at sea in any grade. (3) RULE OF CONSTRUCTION.—Notwithstanding paragraph (2), the Secretary of Transportation may appoint an individual who is the best qualified candidate, even if such individual does not fully meet the criteria described in paragraph (2). (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1570; Pub. L. 111–383, div. C, title XXXV, § 3504, Jan. 7, 2011, 124 Stat. 4518; Pub. L. 112–81, div. C, title XXXV, § 3503, Dec. 31, 2011, 125 Stat. 1716; Pub. L. 112–239, div. A, title X, § 1076(i), Jan. 2, 2013, 126 Stat. 1955; Pub. L. 114–328, div. C, title XXXV, § 3506(a), Dec. 23, 2016, 130 Stat. 2777; Pub. L. 116–283, div. C, title XXXV, § 3503(b), Jan. 1, 2021, 134 Stat. 4399.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51301 .......... 46 App.:1295b(a). June 29, 1936, ch. 858, title XIII, § 1303(a), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1998. Editorial Notes AMENDMENTS 2021—Subsec. (c)(2)(A)(i). Pub. L. 116–283, § 3503(b)(1), inserted ‘‘the rank of Captain, Chief Mate, or Chief En- gineer in the merchant marine of the United States, or’’ after ‘‘attained’’. Subsec. (c)(2)(B)(i)(I), (C)(i). Pub. L. 116–283, § 3503(b)(2), inserted ‘‘merchant marine,’’ before ‘‘Navy’’. 2016—Subsec. (c). Pub. L. 114–328 added subsec. (c). 2013—Subsec. (a). Pub. L. 112–239 substituted ‘‘IN GEN- ERAL’’ for ‘‘IN GENERAL’’ in heading. 2011—Pub. L. 112–81 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 111–383 inserted ‘‘as an institution of higher education’’ after ‘‘Academy’’ and substituted ‘‘States, to conduct research with respect to maritime-related matters, and to provide such other appropriate aca- demic support, assistance, training, and activities in accordance with the provisions of this chapter as the Secretary may authorize.’’ for ‘‘States.’’ Statutory Notes and Related Subsidiaries SAVINGS CLAUSE Pub. L. 114–328, div. C, title XXXV, § 3506(b), Dec. 23, 2016, 130 Stat. 2777, provided that: ‘‘Nothing in this sec- tion [amending this section] may be construed to re- quire any change to the current leadership of the United States Merchant Marine Academy.’’ UNITED STATES MERCHANT MARINE ACADEMY AND COAST GUARD ACADEMY MATTERS; MARITIME ADMIN- ISTRATION REQUIREMENTS Pub. L. 118–31, div. C, title XXXV, § 3533(a), Dec. 22, 2023, 137 Stat. 828, provided that: ‘‘(a) TRAINING COURSE ON WORKINGS OF CONGRESS.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this section [Dec. 22, 2023], the Secretary of Transportation, in consultation with the Maritime Administrator, the Superintendent of the United States Merchant Marine Academy, and such other individuals and organizations as the Sec- retary of Transportation considers appropriate, shall develop a training course on the workings of Congress and offer that training course at least once each year. This course shall be similar in design to the training course required under section 315 of title 14, United States Code, as practicable. ‘‘(2) COURSE SUBJECT MATTER.—The training course required by paragraph (1) shall provide an overview and introduction to Congress and the Federal legisla- tive process, including— ‘‘(A) the history and structure of Congress and the committee systems of the Senate and the House of Representatives, including the functions and re- sponsibilities of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives; ‘‘(B) the documents produced by Congress, includ- ing bills, resolutions, committee reports, and con- ference reports, and the purposes and functions of those documents; ‘‘(C) the legislative processes and rules of the Senate and the House of Representatives, including Page 350 TITLE 46—SHIPPING § 51301 similarities and differences between the processes and rules of each chamber, including— ‘‘(i) the congressional budget process; ‘‘(ii) the congressional authorization and appro- priations processes; ‘‘(iii) the Senate advice and consent process for Presidential nominees; and ‘‘(iv) the Senate advice and consent process for treaty ratification; ‘‘(D) the roles of Members of Congress and con- gressional staff in the legislative process; and ‘‘(E) the concept and underlying purposes of con- gressional oversight within the governance frame- work of separation of powers of the United States. ‘‘(3) LECTURERS AND PANELISTS.— ‘‘(A) OUTSIDE EXPERTS.—The Secretary of Trans- portation shall ensure that not less than 60 percent of the lecturers, panelists, and other individuals providing education and instruction as part of the training course required by this subsection are bi- partisan subject matter experts on Congress and the Federal legislative process who are not em- ployed by the executive branch of the Federal Gov- ernment. ‘‘(B) AUTHORITY TO ACCEPT PRO BONO SERVICES.—In satisfying the requirement under subparagraph (A), the Secretary of Transportation shall seek, and may accept, educational and instructional services of lecturers, panelists, and other individuals and or- ganizations provided to the Department of Trans- portation on a pro bono basis. ‘‘(4) COMPLETION OF REQUIRED TRAINING.— ‘‘(A) IN GENERAL.—Not later than 60 days after the date on which the Secretary of Transportation completes the development of the training course described in this section, and annually thereafter while serving in applicable positions, the covered individuals described in subparagraph (B) shall complete the training course described in this sub- section. ‘‘(B) COVERED INDIVIDUALS.—The covered individ- uals in this subsection are the following: ‘‘(i) The Administrator of the Maritime Admin- istration and the Deputy Administrator of the Maritime Administration. ‘‘(ii) Any official of the Maritime Administra- tion whose appointment is subject to the advice and consent of the Senate and Maritime Adminis- tration employees that are serving in a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code). ‘‘(iii) Any Maritime Administration employees whose duties consist of engagement with congres- sional, governmental, or public affairs, who are appointed or assigned to a billet in the National Capital Region on the date on which the Sec- retary of Transportation completes the develop- ment of the training course described in this sec- tion. ‘‘(iv) The Superintendent, Deputy Super- intendent, Provost, Commandant of Midshipmen, Counsel, and Director of Public Affairs of the United States Merchant Marine Academy. ‘‘(C) NEW OFFICIALS AND EMPLOYEES.—Any Mari- time Administration official or employee or United States Merchant Marine Academy official or em- ployee who is a covered individual described in sub- paragraph (B) who is newly appointed, newly em- ployed in the National Capital Region, or newly employed by the United States Merchant Marine Academy after the date on which the Secretary of Transportation completes the development of the training course described in this subsection, shall complete a training course that meets the require- ments of this subsection not later than 60 days after reporting for duty, and annually thereafter, while serving in applicable positions. ‘‘(b) GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON MARITIME ADMINISTRATION STAFFING REQUIREMENTS.— ‘‘(1) IN GENERAL.—Not later than six months after the date of the enactment of this Act [Dec. 22, 2023], the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report that includes an analysis of the staffing requirements for effectively executing the mission of the Maritime Administration and an identification of any existing gaps that could impede its operations. ‘‘(2) CONTENTS.—The report under paragraph (1) shall include— ‘‘(A) an evaluation of the personnel requirements for the successful execution of the mission of the Maritime Administration, including such require- ments for— ‘‘(i) those offices that deal with infrastructure, shipbuilding, or student safety; ‘‘(ii) those offices that have significant delays in meeting constituent needs, including offices involved in the processing of permits and grants, or which preform a communication or outreach function to the public, constituents, or Congress (including the Office of Public Affairs of the Mari- time Administration); ‘‘(iii) the United States Merchant Marine Acad- emy; and ‘‘(iv) other activities carried out by the Mari- time Administration; ‘‘(B) a thorough analysis of any deficiencies or in- adequacies in staffing levels, at the time the report is submitted, that could hinder the efficient func- tioning of the Maritime Administration; and ‘‘(C) recommendations for integrating the find- ings of the report into the policies and planning processes of the Maritime Administration, with the aim of addressing the identified gaps and enhancing the overall effectiveness of the Maritime Adminis- tration. ‘‘(c) COAST GUARD ACADEMY IMPROVEMENT BRIEFING.— Not later than 30 days after the date of the enactment of this Act [Dec. 22, 2023], the Commandant of the Coast Guard shall provide to the Committee on Transpor- tation and Infrastructure of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on— ‘‘(1) a plan, which shall include timelines and cost estimates, to— ‘‘(A) remediate asbestos, lead, and mold from the Chase Hall of the Coast Guard Academy; ‘‘(B) house not more than two students to a room in Chase Hall; and ‘‘(C) upgrade electric outlet availability and stor- age space in student rooms at Chase Hall; and ‘‘(2) the increased student housing capacity nec- essary to allow the Coast Guard to put through suffi- cient officers to eliminate the current portion of the officer shortfall due to space constraints at the Coast Guard Academy, including the Officer Candidate School and direct Commission Officer Program housed at the Academy.’’ REPORTS ON MATTERS RELATING TO THE UNITED STATES MERCHANT MARINE ACADEMY Pub. L. 117–263, div. C, title XXXV, § 3515, Dec. 23, 2022, 136 Stat. 3069, provided that: ‘‘(a) REPORT ON IMPLEMENTATION OF NAPA REC- OMMENDATIONS.— ‘‘(1) IN GENERAL.—In accordance with paragraph (3), the Secretary of Transportation shall submit to the appropriate congressional committees reports on the status of the implementation of the recommenda- tions specified in paragraph (4). ‘‘(2) ELEMENTS.—Each report under paragraph (1) shall include the following: ‘‘(A) A description of the status of the implemen- tation of each recommendation specified in para- graph (4), including whether the Secretary— ‘‘(i) concurs with the recommendation; ‘‘(ii) partially concurs with the recommenda- tion; Page 351 TITLE 46—SHIPPING § 51301 ‘‘(iii) does not concur with the recommenda- tion; or ‘‘(iv) determines the recommendation is not ap- plicable to the Department of Transportation. ‘‘(B) An explanation of— ‘‘(i) with respect to a recommendation with which the Secretary concurs, the actions the Sec- retary intends to take to implement such rec- ommendation, including— ‘‘(I) any rules, regulations, policies, or other guidance that have been issued, revised, changed, or cancelled as a result of the imple- mentation of the recommendation; and ‘‘(II) any impediments to the implementation of the recommendation; ‘‘(ii) with respect to a recommendation with which the Secretary partially concurs, the ac- tions the Secretary intends to take to implement the portion of such recommendation with which the Secretary concurs, including— ‘‘(I) intermediate actions, milestone dates, and the expected completion date for the imple- mentation of the portion of the recommenda- tion; and ‘‘(II) any rules, regulations, policies, or other guidance that are expected to be issued, revised, changed, or cancelled as a result of the imple- mentation of the portion of the recommenda- tion; ‘‘(iii) with respect to a recommendation with which the Secretary does not concur, an expla- nation of why the Secretary does not concur with such recommendation; ‘‘(iv) with respect to a recommendation that the Secretary determines is not applicable to the Department of Transportation, an explanation of the reasons for the determination; and ‘‘(v) any statutory changes that may be nec- essary— ‘‘(I) to fully implement the recommendations specified in paragraph (4) with which the Sec- retary concurs; or ‘‘(II) to partially implement the recommenda- tions specified in such paragraph with which the Secretary partially concurs. ‘‘(C) A visual depiction of the status of the com- pletion of the recommendations specified in para- graph (4). ‘‘(3) TIMING OF REPORTS.—The Secretary of Trans- portation shall submit an initial report under para- graph (1) not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022]. Following the submittal of the initial report, the Secretary shall submit updated versions of the report not less fre- quently than once every 180 days until the date on which the Secretary submits to the appropriate con- gressional committees a certification that each rec- ommendation specified in paragraph (4)— ‘‘(A) with which the Secretary concurs— ‘‘(i) has been fully implemented; or ‘‘(ii) cannot be fully implemented, including an explanation of why; and ‘‘(B) with which the Secretary partially concurs— ‘‘(i) has been partially implemented; or ‘‘(ii) cannot be partially implemented, includ- ing an explanation of why. ‘‘(4) RECOMMENDATIONS SPECIFIED.—The rec- ommendations specified in this paragraph are the recommendations set forth in the report prepared by a panel of the National Academy of Public Adminis- tration pursuant to section 3513 of the National De- fense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1979) titled ‘Organizational As- sessment of the U.S. Merchant Marine Academy: A Path Forward’, dated November 2021. ‘‘(b) REPORT ON IMPLEMENTATION OF POLICY RELATING TO SEXUAL HARASSMENT AND OTHER MATTERS.—Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall submit to the appropriate congressional committees a report on the status of the implementation of the policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking at the United States Mer- chant Marine Academy, as required under section 51318 of title 46, United States Code. ‘‘(c) INSPECTOR GENERAL AUDIT.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Inspector Gen- eral of the Department of Transportation shall ini- tiate an audit of the actions taken by the Maritime Administration to address only the following rec- ommendations identified by a National Academy of Public Administration panel in the November 2021 re- port titled ‘Organizational Assessment of the United States Merchant Marine Academy: A Path Forward’: ‘‘(A) Recommendations 4.1 through 4.3. ‘‘(B) Recommendations 4.7 through 4.11. ‘‘(C) Recommendations 5.1 through 5.4. ‘‘(D) Recommendations 5.6, 5.7, 5.11, 5.14, 5.15, 5.16, 6.6, and 6.7. ‘‘(E) Recommendations 6.1 through 6.4. ‘‘(2) REPORT.—After the completion of the audit re- quired under paragraph (1), the Inspector General shall submit to the appropriate congressional com- mittees, and make publicly available, a report con- taining the results of the audit. ‘‘(d) IMPLEMENTATION OF RECOMMENDATIONS FROM THE NATIONAL ACADEMY OF PUBLIC ADMINISTRATION.— ‘‘(1) AGREEMENT FOR STUDY BY NATIONAL ACADEMY OF PUBLIC ADMINISTRATION.— ‘‘(A) IN GENERAL.—Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation shall seek to enter into an agree- ment with the National Academy of Public Admin- istration (referred to in this section as the ‘Acad- emy’) under which the Academy shall provide sup- port for— ‘‘(i) prioritizing and addressing the rec- ommendations referred to subsection (c)(1) and establishing a process for prioritizing other rec- ommendations in the future; ‘‘(ii) the development of— ‘‘(I) long-term processes and a timeframe for long-term process improvements; and ‘‘(II) corrective actions and best practice cri- teria that can be implemented in the medium- and near-term; ‘‘(iii) the establishment of a clear assignment of responsibility for the implementation of each rec- ommendation referred to in subsection (c)(1), and a strategy for assigning other recommendations in the future; and ‘‘(iv) a performance measurement system, in- cluding data collection and tracking and evalu- ating progress toward goals of the Merchant Ma- rine Academy. ‘‘(B) REPORT OF PROGRESS.—Not later than one year after the date of an agreement entered into pursuant to subparagraph (A), the Secretary of Transportation, in consultation with the Adminis- trator of the Merchant Marine Academy, shall sub- mit to the Maritime Administrator and the appro- priate congressional committees a report on the progress made in implementing the recommenda- tions referred to in subsection (c)(1). ‘‘(2) PRIORITIZATION AND IMPLEMENTATION PLAN.— ‘‘(A) IN GENERAL.—Not later than one year after the date of enactment of this Act, the Maritime Ad- ministrator shall submit to the Committee on Com- merce, Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives a prioritization and implemen- tation plan to assess, prioritize, and address the recommendations identified by the National Acad- emy of Public Administration panel in the Novem- ber 2021 report titled ‘Organizational Assessment of the United States Merchant Marine Academy: A Path Forward’ that Superintendent of the Mer- chant Marine Academy determines are relevant to the Maritime Administration, including the rec- 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