# § 51324. Unfilled vacancies
**(a)** **In General.—** In the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions.
**(b)** **Critical Position Defined.—** In this section, the term “critical position” means a position that contributes to the improvement of—
**(1)** the culture or infrastructure of the Academy;
**(2)** student health and well being;
**(3)** Academy governance; or
**(4)** any other priority areas identified by the Council.
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**Source Credit**: (Added Pub. L. 117–81, div. C, title XXXV, § 3501(c)(1), Dec. 27, 2021, 135 Stat. 2238.)