PRIA, Government Policy, Made Personal

Summary

The Superintendent of the United States Merchant Marine Academy may award a Bachelor of Science to someone who meets the Secretary of Transportation’s requirements and, if they are a U.S. citizen, who has passed the merchant marine officer license exam. If a person cannot take that exam only because of a documented medical or psychological condition, they cannot be denied the degree for not taking the test. Graduating from the Academy does not by itself give a person a license to serve on a merchant ship. The Superintendent may also award a master’s degree to people who meet the Secretary’s conditions. A master’s program can be paid with non-appropriated funds (money not provided by Congress), must be accredited, and those funds must be credited to the Maritime Administration’s Operations and Training appropriation and remain available until spent. The Superintendent must keep separate, detailed records of those funds and expenses, and the Secretary may make rules to run the program. “Documented medical or psychological condition” means a physical or mental health condition, including one caused by sexual assault or harassment, for which the person has received or is receiving treatment.

Title 46, §51309

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(a)Bachelor’s Degree.—

(1)In general.—

The Superintendent of the United States Merchant Marine Academy may confer the degree of bachelor of science on an individual who—

(A)has met the conditions prescribed by the Secretary of Transportation; and

(B)if a citizen of the United States, has passed the examination for a merchant marine officer’s license.

(2)Effect of physical or psychological disqualification.—

An individual not able or allowed to take the examination for a merchant marine officer’s license solely due to a documented medical or psychological condition shall not be denied a degree for not taking the examination.

(b)Master’s Degree.—

The Superintendent of the Academy may confer a master’s degree on an individual who has met the conditions prescribed by the Secretary. A master’s degree program may be funded through non-appropriated funds. To maintain the appropriate academic standards, the program shall be accredited by the appropriate accreditation body. Nonappropriated funds received for this purpose shall be credited to the Maritime Administration’s Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purpose of such receipts. The Superintendent shall maintain a separate and detailed accounting of nonappropriated fund receipts and all associated expenses. The Secretary may prescribe regulations necessary to administer such a program.

(c)Graduation Not Entitlement To Hold License.—

Graduation from the Academy does not entitle an individual to hold a license authorizing service on a merchant vessel.

(d)Definition of Documented Medical or Psychological Condition.—

In this section the term “documented medical or psychological condition” means, with respect to an individual, a physical disqualification or psychological condition, including a mental health condition arising from sexual assault or sexual harassment, for which the individual has been treated or is being treated by a medical or psychological provider.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 51309(a)46 App.:1295b(g)(1).June 29, 1936, ch. 858, title XIII, § 1303(g), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2002; restated Pub. L. 108–136, title XXXV, § 3515(c), Nov. 24, 2003, 117 Stat. 1794. 51309(b)46 App.:1295b(g)(2). 51309(c)46 App.:1295b(b)(8).June 29, 1936, ch. 858, title XIII, § 1303(b)(8), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1997; Pub. L. 99–368, § 5, Aug. 1, 1986, 100 Stat. 776.

Editorial Notes

Amendments

2022—Subsec. (a)(2). Pub. L. 117–263, § 3511(1), in heading, inserted “or psychological” after “physical”, and, in text, inserted “able or” before “allowed” and substituted “solely due to a documented medical or psychological condition shall” for “only because of physical disqualification may”. Subsec. (d). Pub. L. 117–263, § 3511(2), added subsec. (d). 2009—Subsec. (b). Pub. L. 111–84 inserted before last sentence “Nonappropriated funds received for this purpose shall be credited to the Maritime Administration’s Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purpose of such receipts. The Superintendent shall maintain a separate and detailed accounting of nonappropriated fund receipts and all associated expenses.”

§51309 Academic Degree