Sec. 108. Graduation requirements for State maritime academies
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On such terms and conditions as set forth in this subsection and other conditions as the Secretary of Transportation may determine, a State maritime academy may be authorized to confer degrees upon individuals scheduled to graduate from a State maritime academy in calendar year 2020 without regard to the provisions of section 51506(a)(3) of title 46, United States Code. With respect to an individual who has received student incentive payments under section 51509 of title 46, United States Code, and fails to comply with such terms and conditions, the Secretary of Transportation is authorized to exercise all the authorities set forth in paragraphs
(4)and (5), as well as any other remedies provided by law. Pursuant to this subsection, and section 51506(a)(3) of title 46, United States Code, a State maritime academy shall require an individual scheduled to graduate from such academy in calendar year 2020 to pass the examination required for the issuance of a license under section 7101 of title 46, United States Code, not later than December 31, 2021, and advise all such individuals who have not passed the examination prerequisite to issuance of a license that any degree so awarded is subject to revocation. The Secretary of Transportation may— require a State maritime academy, as a condition of receiving an annual payment under section 51506(a) of title 46, United States Code, to report to the Secretary, in a manner determined by the Secretary, on the compliance with paragraph (2); withhold payments under section 51506(a) of title 46, United States Code, in an amount that is not greater than the fractional amount of the direct payment that is proportional to the number of graduates who fail to comply with requirements under paragraph
(2)and whose degrees have not been revoked by the State maritime academy over the total number of individuals graduating from such State maritime academy in calendar year 2020; and reduce the amount of direct payments withheld under subparagraph
(B)below the maximum amount authorized. For an individual graduating from a State maritime academy in calendar year 2020 who has received student incentive payments as provided for in section 51509 of title 46, United States Code, the Secretary of Transportation may— defer until not later than December 31, 2021, the requirements under sections 51509(d)(2) of title 46, United States Code, and relevant regulations; defer until not later than December 31, 2021, and modify as necessary as determined by the Secretary, the requirements under paragraphs
(3)through
(5)of section 51509(d) of title 46, United States Code, and relevant regulations; and conditionally waive requirements under paragraphs
(2)through
(5)of section 51509(d) of title 46, United States Code, and relevant regulations, for an individual who— within three months of graduation is commissioned as an 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, pursuant to section 51509(h) of title 46; and serves for the 5-year period following commissioning as an officer on active duty as provided for in clause (i). An individual graduating from a State maritime academy under the authority of this subsection, who has received student incentive payments as provided for in section 51509 of title 46, United States Code, shall— fulfill the requirements under section 51509(d)(2) of title 46, United States Code, and relevant regulations, by not later than December 31, 2021; or for the 5-year period following graduation from a State maritime academy, as provided under paragraph (4)(C), serve 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, pursuant to section 51509(h) of title 46, United States Code. If an individual graduating from a State maritime academy fails to comply with applicable requirements established by the Secretary of Transportation under this subsection, the Secretary may exercise the remedies under subsections
(e)and
(f)of 51509 of title 46, United States Code. The Secretary of Transportation may apply the provisions of subsection
(a)to subsequent graduating classes at the State maritime academies, and extend compliance dates applicable to such graduates, if the Secretary determines it is necessary to respond to the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19).
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Sec. 108
Graduation requirements for State maritime academies
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