Pub. L. 110-417, tit. XXXV, sec. 3506
TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH ADJUNCT PROFESSORS AT THE UNITED STATES MERCHANT MARINE ACADEMY AND FOR OTHER PURPOSES.
SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH ADJUNCT PROFESSORS AT THE UNITED STATES MERCHANT MARINE ACADEMY AND FOR OTHER PURPOSES.(a) In General.—The Maritime Administrator may establish a temporary program for the purpose of, subject to the availability of appropriations, contracting with individuals as personal services contractors to provide services as adjunct professors at the Academy, if the Maritime Administrator determines that there is a need for adjunct professors and the need is not of permanent duration.(b) Contract Requirements.—Each contract under the program—(1) must be approved by the Maritime Administrator;(2) subject to paragraph (3), shall be for a duration, including options, of not to exceed one year unless the Maritime Administrator finds that exceptional circumstances justify an extension of up to one additional year; and(3) shall terminate not later than 6 months after the termination of contract authority under subsection (d).(c) Limitation on Number of Contractors.—In awarding contacts under the program, the Maritime Administrator shall ensure that not more than 25 individuals actively provide services 122 STAT. 4764 in any one academic trimester, or equivalent, as contractors under the program.(d) Termination of Contracting Authority.—The authority to award contracts under the program shall terminate upon the end of the academic year 2008–2009.(e) Existing Contracts.—Any contract entered into before the effective date of this section for the services of an adjunct professor at the Academy shall remain in effect for the trimester (or trimesters) for which the services were contracted.(f) Definitions.—In this section:(1) Academy.—The term “Academy” means the United States Merchant Marine Academy.(2) Maritime administrator.—The term “Maritime Administrator” means the Administrator of the Maritime Administration, or a designee of the Administrator.(3) Program.—The term “program” means the program established under subsection (a).(g) Gifts to the Academy.—(1) In general.—Chapter 513 of title 46, United States Code, is amended by adding at the end thereof the following:“§ 51315. Gifts to the Merchant Marine Academy“(a) In General.—The Maritime Administrator may accept and use conditional or unconditional gifts of money or property for the benefit of the United States Merchant Marine Academy, including acceptance and use for non-appropriated fund instrumentalities of the Merchant Marine Academy. The Maritime Administrator may accept a gift of services in carrying out the Administrator’s duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, in accordance with the terms of the gift.“(b) Establishment of Academy Gift Fund.—There is established in the Treasury a fund, to be known as the ‘Academy Gift Fund’. Disbursements from the Fund shall be made on order of the Maritime Administrator. Unless otherwise specified by the terms of the gift, the Maritime Administrator may use monies in the Fund for appropriated or non-appropriated purposes at the Academy. The Fund consists of—“(1) gifts of money;“(2) income from donated property accepted under this section;“(3) proceeds from the sale of donated property; and“(4) income from securities under subsection (c) of this section.“(c) Investment of Fund Balances.—On request of the Maritime Administrator, the Secretary of the Treasury may invest and reinvest amounts in the Fund in securities of, or in securities the principal and interest of which is guaranteed by, the United States Government.“(d) Disbursement Authority.—There are hereby authorized to be disbursed from the Fund such sums as may be on deposit, to remain available until expended.“(e) Deductibility of Gifts.—Gifts accepted under this section are a gift to or for the use of the Government under the Internal Revenue Code of 1986.” .122 STAT. 4765(2) Conforming amendment.—The chapter analysis for chapter 513 of title 46, United States Code, is amended by adding at the end the following: “51315. Gifts to the Merchant Marine Academy.”. (h) Temporary Appointments to the Academy.—(1) In general.—Chapter 513 of title 46, United States Code, as amended by section 3513 of this Act, is further amended by adding at the end thereof the following:“§ 51316. Temporary appointments to the Academy “Notwithstanding any other provision of law, the Maritime Administrator may appoint any present employee of the United States Merchant Marine Academy non-appropriated fund instrumentality to a position on the General Schedule of comparable pay. Eligible personnel shall be engaged in work permissibly funded by annual appropriations, and such appointments to the Civil Service shall be without regard to competition, for a term not to exceed 2 years.” .(2) Conforming amendment.—The chapter analysis for chapter 513 of title 46, United States Code, as amended by section 3513 of this Act, is further amended by adding at the end the following: “51316. Temporary appointments to the Academy.”.