Page:United States Statutes at Large Volume 117.djvu/1814

 PUBLIC LAW 108–136—NOV. 24, 2003

117 STAT. 1795

Secretary of Transportation determines that reimbursement of the cost of education provided would better serve the interests of the United States, the Secretary— ‘‘(i) subject to clause (ii), may recover from the individual the amount of student incentive payments, plus interest and attorneys fees; and ‘‘(ii) may reduce the amount to be recovered from such individual to reflect partial performance of service obligations and such other factors as the Secretary determines merit such reduction.’’; (6) by striking paragraph (5) and inserting the following: ‘‘(5)(A) If the Secretary determines that an individual has failed to fulfill any part of the agreement required by paragraph (1), as described in paragraph (3)(B), (C), (D), (E), or (F), such individual may be ordered to active duty to serve a period of time not less than 2 years and not more than the unexpired portion, as determined by the Secretary, of the service required by paragraph (3)(E). The Secretary, in consultation with the Secretary of Defense, shall determine in which service the individual shall be ordered to active duty to serve such period of time. In cases of hardship, as determined by the Secretary, the Secretary may waive this provision in whole or in part. ‘‘(B) If the Secretary of Defense is unable or unwilling to order an individual to active duty under subparagraph (A), or if the Secretary of Transportation determines that reimbursement of the cost of education provided would better serve the interests of the United States, the Secretary— ‘‘(i) subject to clause (ii), may recover from the individual the amount of student incentive payments, plus interest and attorneys fees; and ‘‘(ii) may reduce the amount to be recovered from such individual to reflect partial performance of service obligations and such other factors as the Secretary determines merit such reduction.’’; and (7) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively, and inserting after paragraph (5) the following: ‘‘(6) To aid in the recovery of student incentive payments plus interest and attorneys fees the Secretary may request the Attorney General to begin court proceedings, and the Secretary may make use of the Federal debt collection procedures in chapter 176 of title 28, United States Code, and other applicable administrative remedies.’’. (e) AWARDS AND MEDALS.—Section 1306 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1295e) is amended by adding at the end the following: ‘‘(d) AWARDS AND MEDALS.—The Secretary may establish and maintain a medals and awards program to recognize distinguished service, superior achievement, professional performance, and other commendable achievement by personnel of the United States Maritime Service.’’. SEC. 3516. AUTHORITY TO CONVEY OBSOLETE VESSELS TO UNITED STATES TERRITORIES AND FOREIGN COUNTRIES FOR REEFING.

(a) DEADLINE FOR PREPARATION.—Paragraph (1) of section 3504(b) of the Bob Stump National Defense Authorization Act for

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