PUBLIC LAW 101-595 —NOV. 16, 1990 104 STAT. 2995 (1) by inserting "legislative" immediately after "sixty"; and (2) by adding at the end the following: "The Secretary shall not take any vessel, currently in service as a State academy training vessel, out of service for the purpose of implementing any alternative program, including ship sharing, until or unless the vessel is incapable of being maintained in good repair as required under section 1304(c)(l)(A) of the Merchant Marine Act, 1936, The Secretary shall not implement any program requiring that any State academy share its training vessel with another State academy without having first received the express consent of Congress to do so.". SEC. 706. COAST GUARD EXAMINATION REQUIREMENT. 46 USC app. Section 3 of the Act of October 13, 1989 (Public Law 101-115; 103 ^^^ °°*®' Stat. 692), shall not be effective prior to October 1, 1994. SEC. 707. COMMITMENT AGREEMENTS. (a) IN GENERAL.— Section 1303(e)(3) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295b(e)(3)), is amended— (1) by inserting "(A)" immediately after "(3)"; and (2) by adding at the end the following new subparagraph: "(B) If the Secretary of Defense is unable or unwilling to order an individual to active duty under subparagraph (A), the Secretary of Transportation— "(i) may recover from the individual the cost of education provided by the Federal Government; and "(ii) shall request the Attorney General to begin court proceedings to recover the costs of education if the Secretary decides to seek recovery under clause (i).". (b) APPLICABILITY.— The amendments made by subsection (a) shall 46 USC app. • apply to individuals who sign agreements after the date of enact- 1296b note, ment of this Act under section 1303(e) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295b(e)). SEC. 708. NOMINATION AND APPOINTMENT OF CADETS. Section 1303(b) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295b(b)), is amended— (1) in paragraph (1)— (A) by striking "(governor of American Samoa (until a delegate to the House of Representatives from American Samoa takes office)" and inserting in lieu thereof "Delegate from American Samoa"; (B) by striking "any individual who is" and inserting "any individual who is—" (C) by inserting "or" immediately after "Commission," the last place it appears; and (D) by striking, or a resident of American Samoa if the individual is nominated by the Governor of American Samoa"; (2) in paragraph (3)(A)(vi), by striking "Governor of American Samoa (until a delegate to the House of Representatives from American Samoa takes office)" and inserting in lieu thereof "Delegate to the House of Representatives from American Samoa"; and (3) in pars^aph (7)— (A) in subparagraph (A), by striking "annually", "until September 30, 1995,', and "up to six"; and
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