Page:United States Statutes at Large Volume 120.djvu/1604

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1573

‘‘(2) fulfill the requirements for a license as an officer in the merchant marine of the United States before graduation from the Academy; ‘‘(3) maintain a valid license as an officer in the merchant marine of the United States for at least 6 years after graduation from the Academy, accompanied by the appropriate national and international endorsements and certification required by the Coast Guard for service aboard vessels on domestic and international voyages; ‘‘(4) apply for, and accept if tendered, an appointment as a commissioned officer in the Naval Reserve (including the Merchant Marine Reserve, Naval Reserve), the Coast Guard Reserve, or any other reserve unit of an armed force of the United States, and, if tendered the appointment, to serve for at least 6 years after graduation from the Academy; ‘‘(5) serve the foreign and domestic commerce and the national defense of the United States for at least 5 years after graduation from the Academy— ‘‘(A) as a merchant marine officer on a documented vessel or a vessel owned and operated by the United States Government or by a State; ‘‘(B) as an employee in a United States maritimerelated industry, profession, or marine science (as determined by the Secretary of Transportation), if the Secretary determines that service under subparagraph (A) is not available to the individual; ‘‘(C) as a commissioned officer on active duty in an armed force of the United States, as a commissioned officer in the National Oceanic and Atmospheric Administration, or in other maritime-related Federal employment which serves the national security interests of the United States, as determined by the Secretary; or ‘‘(D) by a combination of the service alternatives referred to in subparagraphs (A)–(C); and ‘‘(6) report to the Secretary on compliance with this subsection. ‘‘(b) FAILURE TO COMPLETE COURSE OF INSTRUCTION.— ‘‘(1) ACTIVE DUTY.—If the Secretary of Transportation determines that an individual who has attended the Academy for at least 2 years has failed to fulfill the part of the agreement described in subsection (a)(1), the individual may be ordered by the Secretary of Defense to serve on active duty in one of the armed forces of the United States for a period of not more than 2 years. In cases of hardship as determined by the Secretary of Transportation, the Secretary of Transportation may waive this paragraph in whole or in part. ‘‘(2) RECOVERY OF COST.—If the Secretary of Defense is unable or unwilling to order an individual to serve on active duty under paragraph (1), 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 of Transportation may recover from the individual the cost of education provided by the Government. ‘‘(c) FAILURE TO CARRY OUT OTHER REQUIREMENTS.— ‘‘(1) ACTIVE DUTY.—If the Secretary of Transportation determines that an individual has failed to fulfill any part of the agreement described in subsection (a)(2)–(6), the individual may

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