II 

Calendar No. 432 

110TH CONGRESS 

1ST SESSION S. 1778 

[Report No. 110–200] 

To authorize certain activities of the Maritime Administration, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2007 

Mr. LAUTENBERG (for himself, Mr. SMITH, and Mr. LOTT) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

OCTOBER 19, 2007 

Reported by Mr. INOUYE, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To authorize certain activities of the Maritime 

Administration, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Maritime Administration Authorities Act of 2007’’. 

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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—MARITIME ADMINISTRATION 

Sec. 101. Authorization of appropriations for fiscal year 2008. 

Sec. 102. Commercial vessel chartering authority. 

Sec. 103. Maritime Administration vessel chartering authority. 

Sec. 104. Chartering to state and local governmental instrumentalities. 

Sec. 105. Disposal of obsolete government vessels. 

Sec. 106. Vessel transfer authority. 

Sec. 107. Sea trials for ready reserve force. 

Sec. 108. Review of applications for loans and guarantees. 

TITLE II—TECHNICAL CORRECTIONS 

Sec. 201. Statutory construction. 

Sec. 202. Personal injury to or death of seamen. 

Sec. 203. Amendments to chapter 537 based on Public Law 109–163. 

Sec. 204. Additional amendments based on Public Law 109–163. 

Sec. 205. Amendments based on Public Law 109–171. 

Sec. 206. Amendments based on Public Law 109–241. 

Sec. 207. Amendments based on Public Law 109–364. 

Sec. 208. Miscellaneous amendments. 

Sec. 209. Application of sunset provision to codified provision. 

Sec. 210. Additional Technical corrections. 

3 TITLE I—MARITIME 

4 ADMINISTRATION 

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FIS6 CAL YEAR 2008. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2008, to be available without fiscal year limita9 tion if so provided in appropriations Acts, for the use of 

10 the Department of Transportation for the Maritime Ad11 ministration as follows: 

12 (1) For expenses necessary for operations and 

13 training activities, $122,890,545. 

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1 (2) For paying reimbursement under section 

2 3517 of the Maritime Security Act of 2003 (46 

3 U.S.C. 53101 note), $19,500,000. 

4 (3) For assistance to small shipyards and mari5 time communities under section 54101 of title 46, 

6 United States Code, $20,000,000. 

7 (4) For expenses to dispose of obsolete vessels 

8 in the National Defense Reserve Fleet, including 

9 provision of assistance under section 7 of Public 

10 Law 92–402, $18,000,000. 

11 (5) For the cost (as defined in section 502(5) 

12 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

13 661a(5))) of loan guarantees under the program au14 thorized by chapter 537 of title 46, United States 

15 Code, $20,000,000. 

16 (6) For administrative expenses related to the 

17 implementation of the loan guarantee program 

18 under chapter 537 of title 46, United States Code, 

19 administrative expenses related to implementation of 

20 the reimbursement program under section 3517 of 

21 the Maritime Security Act of 2003 (46 U.S.C. 

22 53101 note), and administrative expenses related to 

23 the implementation of the small shipyards and mari24 time communities assistance program under section 

25 54101 of title 46, United States Code, $3,408,000. 

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1 SEC. 102. COMMERCIAL VESSEL CHARTERING AUTHORITY. 

2 (a) IN GENERAL.—Subchapter III of chapter 575 of 

3 title 46, United States Code, is amended by adding at the 

4 end the following: 

5 ‘‘§ 57533. Vessel chartering authority 

6 ‘‘The Secretary of Transportation may enter into 

7 contracts or other agreements on behalf of the United 

8 States to purchase, charter, operate, or otherwise acquire 

9 the use of any vessels documented under chapter 121 of 

10 this title and any other related real or personal property. 

11 The Secretary is authorized to use this authority as the 

12 Secretary deems appropriate.’’. 

13 (b) CONFORMING AMENDMENT.—The chapter anal14 ysis for chapter 575 of such title is amended by adding 

15 at the end the following: 

‘‘57533. Vessel chartering authority.’’. 

16 SEC. 103. MARITIME ADMINISTRATION VESSEL CHAR17 TERING AUTHORITY. 

18 Section 50303 of title 46, United States Code, is 

19 amended by— 

20 (1) inserting ‘‘vessels,’’ after ‘‘piers,’’; and 

21 (2) by striking ‘‘control;’’ in subsection (a)(1) 

22 and inserting ‘‘control, except that the prior consent 

23 of the Secretary of Defense for such use shall be re24 quired with respect to any vessel in the Ready Re25 serve Force or in the National Defense Reserve 

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1 Fleet which is maintained in a retention status for 

2 the Department of Defense;’’. 

3 SEC. 104. CHARTERING TO STATE AND LOCAL GOVERN4 MENTAL INSTRUMENTALITIES. 

5 Section 11(b) of the Merchant Ship Sales Act of 1946 

6 (50 U.S.C. App. 1744(b)), is amended— 

7 (1) by striking ‘‘or’’ after the semicolon in 

8 paragraph (3); 

9 (2) by striking ‘‘Defense.’’ in paragraph (4) and 

10 inserting ‘‘Defense; or’’; and 

11 (3) by adding at the end thereof the following: 

12 ‘‘(5) on a reimbursable basis, for charter to the 

13 government of any State, locality, or Territory of the 

14 United States, except that the prior consent of the 

15 Secretary of Defense for such use shall be required 

16 with respect to any vessel in the Ready Reserve 

17 Force or in the National Defense Reserve Fleet 

18 which is maintained in a retention status for the De19 partment of Defense.’’. 

20 SEC. 105. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS. 

21 Section 6(c)(1) of the National Maritime Heritage 

22 Act of 1994 (16 U.S.C. 5405(c)(1)) is amended— 

23 (1) by inserting ‘‘(either by sale or purchase of 

24 disposal services)’’ after ‘‘shall dispose’’; and 

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1 (2) by striking subparagraph (A) of paragraph 

2 (1) and inserting the following: 

3 ‘‘(A) in accordance with a priority system 

4 for disposing of vessels, as determined by the 

5 Secretary, which shall include provisions requir6 ing the Maritime Administration to— 

7 ‘‘(i) dispose of all deteriorated high 

8 priority ships that are available for dis9 posal, within 12 months of their designa10 tion as such; and 

11 ‘‘(ii) give priority to the disposition of 

12 those vessels that pose the most significant 

13 danger to the environment or cost the most 

14 to maintain. maintain;’’. 

15 SEC. 106. VESSEL TRANSFER AUTHORITY. 

16 Section 50304 of title 46, United States Code, is 

17 amended by adding at the end thereof the following: 

18 ‘‘(d) VESSEL CHARTERS TO OTHER DEPART19 MENTS.—On a reimbursable or non- reimbursable non20 reimbursable basis, as determined by the Secretary of 

21 Transportation, the Secretary may charter or otherwise 

22 make available a vessel under the jurisdiction of the Sec23 retary to any other department, upon the request by the 

24 Secretary of the department that receives the vessel. The 

25 prior consent of the Secretary of Defense for such use 

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1 shall be required with respect to any vessel in the Ready 

2 Reserve Force or in the National Defense Reserve Fleet 

3 which is maintained in a retention status for the Depart4 ment of Defense.’’. 

5 SEC. 107. SEA TRIALS FOR READY RESERVE FORCE. 

6 Section 11(c)(1)(B) of the Merchant Ship Sales Act 

7 of 1946 (50 U.S.C. App. 1744(c)(1)(B)) is amended to 

8 read as follows: 

9 ‘‘(B) activate and conduct sea trials on 

10 each vessel at least once every 30 months;’’. 

11 SEC. 108. REVIEW OF APPLICATIONS FOR LOANS AND GUAR12 ANTEES. 

13 (a) PLAN.—Within 180 days after the date of enact14 ment of this Act, the Administrator of the Maritime Admin15 istration shall develop a comprehensive plan for the review 

16 of traditional applications and non-traditional applica17 tions. 

18 (b) INCLUSIONS.—The comprehensive plan shall in19 clude a description of the application review process that 

20 shall not exceed 90 days for review of traditional applica21 tions. 

22 (c) REPORT TO CONGRESS.—The Administrator shall 

23 submit a report describing the comprehensive plan to the 

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1 tation and the House of Representatives Committee on 

2 Armed Forces. 

3 (d) DEFINITIONS.—In this section: 

4 (1) NONTRADITIONAL APPLICATION.—The term 

5 ‘‘nontraditional application’’ means an application 

6 for a loan, guarantee, or a commitment to guarantee 

7 submitted pursuant to chapter 537 of title 46, United 

8 States Code, that is not a traditional application, as 

9 determined by the Administrator. 

10 (2) TRADITIONAL APPLICATION.—The term ‘‘tra11 ditional application’’ means an application for a 

12 loan, guarantee, or a commitment to guarantee sub13 mitted pursuant to chapter 537 of title 46, United 

14 States Code, that involves a market, technology, and 

15 financial structure of a type that has been approved 

16 in such an application multiple times before the date 

17 of enactment of this Act without default or unreason18 able risk to the United States, as determined by the 

19 Administrator. 

20 TITLE II—TECHNICAL 

21 CORRECTIONS 

22 SEC. 201. STATUTORY CONSTRUCTION. 

23 The amendments made by this title make no sub24 stantive change in existing law and may not be construed 

25 as making a substantive change in existing law. 

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1 SEC. 202. PERSONAL INJURY TO OR DEATH OF SEAMEN. 

2 (a) AMENDMENT.—Section 30104 of title 46, United 

3 States Code, is amended by striking subsections (a) and 

4 (b) and inserting the following: 

5 ‘‘(a) CAUSE OF ACTION.—A seaman injured in the 

6 course of employment or, if the seaman dies from the in7 jury, the personal representative of the seaman may bring 

8 an action against the employer. In such an action, the laws 

9 of the United States regulating recovery for personal in10 jury to, or death of, a railway employee shall apply. Such 

11 an action may be maintained in admiralty or, at the plain12 tiff’s election, as an action at law, with the right of trial 

13 by jury. 

14 ‘‘(b) VENUE.—When the plaintiff elects to maintain 

15 an action at law, venue shall be in the judicial district in 

16 which the employer resides or the employer’s principal of17 fice is located.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall be effective as if included in the enact20 ment of Public Law 109–304. 

21 SEC. 203. AMENDMENTS TO CHAPTER 537 BASED ON PUB22 LIC LAW 109–163. 

23 (a) AMENDMENTS.—Title 46, United States Code, is 

24 amended as follows: 

25 (1) Section 53701 is amended by— 

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1 (A) redesignating paragraphs (2) through 

2 (13) as paragraphs (3) through (14), respec3 tively; 

4 (B) inserting after paragraph (1) the fol5 lowing: 

6 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis7 trator’ means the Administrator of the Maritime Ad8 ministration.’’; and 

9 (C) striking paragraph (13) (as redesig10 nated) and inserting the following: 

11 ‘‘(13) SECRETARY.—The term ‘Secretary’ 

12 means the Secretary of Commerce with respect to 

13 fishing vessels and fishery facilities.’’. 

14 (2) Section 53706(c) is amended to read as fol15 lows: 

16 ‘‘(c) PRIORITIES FOR CERTAIN VESSELS.— 

17 ‘‘(1) VESSELS.—In guaranteeing or making a 

18 commitment to guarantee an obligation under this 

19 chapter, the Administrator shall give priority to— 

20 ‘‘(A) a vessel that is otherwise eligible for 

21 a guarantee and is constructed with assistance 

22 under subtitle D of the Maritime Security Act 

23 of 2003 (46 U.S.C. 53101 note); and 

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1 ‘‘(B) after applying subparagraph (A), a 

2 vessel that is otherwise eligible for a guarantee 

3 and that the Secretary of Defense determines— 

4 ‘‘(i) is suitable for service as a naval 

5 auxiliary in time of war or national emer6 gency; and 

7 ‘‘(ii) meets a shortfall in sealift capac8 ity or capability. 

9 ‘‘(2) TIME FOR DETERMINATION.—The Sec10 retary of Defense shall determine whether a vessel 

11 satisfies paragraph (1)(B) not later than 30 days 

12 after receipt of a request from the Administrator for 

13 such a determination.’’. 

14 (3) Section 53707 is amended— 

15 (A) by inserting ‘‘or Administrator’’ in 

16 subsections (a) and (d) after ‘‘Secretary’’ each 

17 place it appears; 

18 (B) by striking ‘‘Secretary of Transpor19 tation’’ in subsection (b) and inserting ‘‘Admin20 istrator’’; 

21 (C) by striking ‘‘of Commerce’’ in sub22 section (c); and 

23 (D) in subsection (d)(2), by— 

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1 (i) inserting ‘‘if the Secretary or Ad2 ministrator considers necessary,’’ before 

3 ‘‘the waiver’’; and 

4 (ii) striking ‘‘the increased’’ and in5 serting ‘‘any significant increase in’’. 

6 (4) Section 53708 is amended— 

7 (A) by striking ‘‘SECRETARY OF TRANS8 PORTATION’’ in the heading of subsection (a) 

9 and inserting ‘‘ADMINISTRATOR’’; 

10 (B) by striking ‘‘Secretary’’ and ‘‘Sec11 retary of Transportation’’ each place they ap12 pear in subsection (a) and inserting ‘‘Adminis13 trator’’; 

14 (C) by striking ‘‘OF COMMERCE’’ in the 

15 heading of subsection (b); 

16 (D) by striking ‘‘of Commerce’’ in sub17 sections (b) and (c); 

18 (E) in subsection (d), by— 

19 (i) inserting ‘‘or Administrator’’ after 

20 ‘‘Secretary’’ the first place it appears; and 

21 (ii) striking ‘‘financial structures, or 

22 other risk factors identified by the Sec23 retary. Any independent analysis con24 ducted under this subsection shall be per25 formed by a party chosen by the Secmstockstill on PROD1PC66 with BILLS

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1 retary.’’ and inserting ‘‘or financial struc2 tures. A third party independent analysis 

3 conducted under this subsection shall be 

4 performed by a private sector expert in as5 sessing such risk factors who is selected by 

6 the Secretary or Administrator.’’; and 

7 (F) in subsection (e), by— 

8 (i) inserting ‘‘or Administrator’’ after 

9 ‘‘Secretary’’ the first place it appears; and 

10 (ii) striking ‘‘financial structures, or 

11 other risk factors identified by the Sec12 retary’’ and inserting ‘‘or financial struc13 tures’’. 

14 (5) Section 53710(b)(1) is amended by striking 

15 ‘‘Secretary’s’’ and inserting ‘‘Administrator’s’’. 

16 (6) Section 53712(b) is amended by striking 

17 the last sentence and inserting ‘‘If the Secretary or 

18 Administrator has waived a requirement under sec19 tion 53707(d) of this title, the loan agreement shall 

20 include requirements for additional payments, collat21 eral, or equity contributions to meet the waived re22 quirement upon the occurrence of verifiable condi23 tions indicating that the obligor’s financial condition 

24 enables the obligor to meet the waived require25 ment.’’. 

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1 (7) Subsections (c) and (d) of section 53717 

2 are each amended— 

3 (A) by striking ‘‘OF COMMERCE’’ in the 

4 subsection heading; and 

5 (B) by striking ‘‘of Commerce’’ each place 

6 it appears. 

7 (8) Section 53732(e)(2) is amended by insert8 ing ‘‘of Defense’’ after ‘‘Secretary’’ the second place 

9 it appears. 

10 (9) The following provisions are amended by 

11 striking ‘‘Secretary’’ and ‘‘Secretary of Transpor12 tation’’ and inserting ‘‘Administrator’’: 

13 (A) Section 53710(b)(2)(A)(i). 

14 (B) Section 53717(b) each place it appears 

15 in a heading and in text. 

16 (C) Section 53718. 

17 (D) Section 53731 each place it appears, 

18 except where ‘‘Secretary’’ is followed by ‘‘of En19 ergy’’. 

20 (E) Section 53732 (as amended by para21 graph (8)) each place it appears, except where 

22 ‘‘Secretary’’ is followed by ‘‘of the Treasury’’, 

23 ‘‘of State’’, or ‘‘of Defense’’. 

24 (F) Section 53733 each place it appears. 

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1 (10) The following provisions are amended by 

2 inserting ‘‘or Administrator’’ after ‘‘Secretary’’ each 

3 place it appears in headings and text, except where 

4 ‘‘Secretary’’ is followed by ‘‘of Transportation’’ or 

5 ‘‘of the Treasury’’: 

6 (A) The items relating to sections 53722 

7 and 53723 in the chapter analysis for chapter 

8 537. 

9 (B) Sections 53701(1), (4), and (9) (as re10 designated by paragraph (1)(A)), 53702(a), 

11 53703, 53704, 53706(a)(3)(B)(iii), 

12 53709(a)(1), (b)(1) and (2)(A), and (d), 

13 53710(a) and (c), 53711, 53712 (except in the 

14 last sentence of subsection (b) as amended by 

15 paragraph (6)), 53713 to 53716, 53721 to 

16 53725, and 53734. 

17 (11) Sections 53715(d)(1), 53716(d)(3), 

18 53721(c), 53722(a)(1) and (b)(1)(B), and 53724(b) 

19 are amended by inserting ‘‘or Administrator’s’’ after 

20 ‘‘Secretary’s’’. 

21 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec22 tion 3507 (except subsection (c)(4)) of the National De23 fense Authorization Act for Fiscal Year 2006 (Public Law 

24 109–163) is repealed. 

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1 SEC. 204. ADDITIONAL AMENDMENTS BASED ON PUBLIC 

2 LAW 109–163. 

3 (a) AMENDMENTS.—Title 46, United States Code, is 

4 amended as follows: 

5 (1) Chapters 513 and 515 are amended by 

6 striking ‘‘Naval Reserve’’ each place it appears in 

7 analyses, headings, and text and inserting ‘‘Navy 

8 Reserve’’. 

9 (2) Section 51504(f) is amended to read as fol10 lows: 

11 ‘‘(f) FUEL COSTS.— 

12 ‘‘(1) IN GENERAL.—Subject to the availability 

13 of appropriations, the Secretary shall pay to each 

14 State maritime academy the costs of fuel used by a 

15 vessel provided under this section while used for 

16 training. 

17 ‘‘(2) MAXIMUM AMOUNTS.—The amount of the 

18 payment to a State maritime academy under para19 graph (1) may not exceed— 

20 ‘‘(A) $100,000 for fiscal year 2006; 

21 ‘‘(B) $200,000 for fiscal year 2007; and 

22 ‘‘(C) $300,000 for fiscal year 2008 and 

23 each fiscal year thereafter.’’. 

24 (3) Section 51505(b)(2)(B) is amended by 

25 striking ‘‘$200,000’’ and inserting ‘‘$300,000 for 

26 fiscal year 2006, $400,000 for fiscal year 2007, and 

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1 $500,000 for fiscal year 2008 and each fiscal year 

2 thereafter’’. 

3 (4) Section 51701(a) is amended by striking 

4 ‘‘of the United States.’’ and inserting ‘‘of the United 

5 States and to perform functions to assist the United 

6 States merchant marine, as determined necessary by 

7 the Secretary.’’. 

8 (5)(A) Section 51907 is amended to read as fol9 lows: 

10 ‘‘§ 51907. Provision of decorations, medals, and re11 placements 

12 ‘‘The Secretary of Transportation may provide— 

13 ‘‘(1) the decorations and medals authorized by 

14 this chapter and replacements for those decorations 

15 and medals; and 

16 ‘‘(2) replacements for decorations and medals 

17 issued under a prior law.’’. 

18 (B) The item relating to section 51907 in the 

19 chapter analysis for chapter 519 is amended to read 

20 as follows: 

‘‘51907. Provision of decorations, medals, and replacements.’’. 

21 (6)(A) The following new chapter is inserted 

22 after chapter 539: 

23 ‘‘CHAPTER 541—MISCELLANEOUS 

‘‘Sec. 

‘‘54101. Assistance for small shipyards and maritime communities.’’. 

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1 (B) Section 3506 of the National Defense Au2 thorization Act for Fiscal Year 2006 (46 U.S.C. 

3 53101 note) is transferred to and redesignated as 

4 section 54101 of title 46, United States Code, to ap5 pear at the end of chapter 541 of title 46, as in6 serted by subparagraph (A). 

7 (C) The heading of such section, as transferred 

8 by subparagraph (B), is amended to read as follows: 

9 ‘‘§ 54101. Assistance for small shipyards and maritime 

10 communities’’. 

11 (D) Paragraph (1) of subsection (h) of such sec12 tion, as transferred by subparagraph (B), is amended 

13 by striking ‘‘(15 U.S.C. 632);’’ and inserting ‘‘(15 

14 U.S.C. 632));’’. 

15 (D) (E) The table of chapters at the beginning 

16 of subtitle V is amended by inserting after the item 

17 relating to chapter 539 the following new item: 

‘‘541. Miscellaneous .................................................................... 54101’’. 

18 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec19 tions 515(g)(2), 3502, 3509, and 3510 of the National 

20 Defense Authorization Act for Fiscal Year 2006 (Public 

21 Law 109–163) are repealed. 

22 SEC. 205. AMENDMENTS BASED ON PUBLIC LAW 109–171. 

23 (a) AMENDMENTS.—Section 60301 of title 46, 

24 United States Code, is amended— 

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1 (1) by striking ‘‘2 cents per ton (but not more 

2 than a total of 10 cents per ton per year)’’ in sub3 section (a) and inserting ‘‘4.5 cents per ton, not to 

4 exceed a total of 22.5 cents per ton per year, for fis5 cal years 2006 through 2010, and 2 cents per ton, 

6 not to exceed a total of 10 cents per ton per year, 

7 for each fiscal year thereafter,’’; and 

8 (2) by striking ‘‘6 cents per ton (but not more 

9 than a total of 30 cents per ton per year)’’ in sub10 section (b) and inserting ‘‘13.5 cents per ton, not to 

11 exceed a total of 67.5 cents per ton per year, for fis12 cal years 2006 through 2010, and 6 cents per ton, 

13 not to exceed a total of 30 cents per ton per year, 

14 for each fiscal year thereafter,’’. 

15 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec16 tion 4001 of the Deficit Reduction Act of 2005 (Public 

17 Law 109–171) is repealed. 

18 SEC. 206. AMENDMENTS BASED ON PUBLIC LAW 109–241. 

19 (a) AMENDMENTS.—Title 46, United States Code, is 

20 amended as follows: 

21 (1) Section 12111 is amended by adding at the 

22 end the following: 

23 ‘‘(d) ACTIVITIES INVOLVING MOBILE OFFSHORE

24 DRILLING UNITS.— 

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1 ‘‘(1) IN GENERAL.—Only a vessel for which a 

2 certificate of documentation with a registry endorse3 ment is issued may engage in— 

4 ‘‘(A) the setting, relocation, or recovery of 

5 the anchors or other mooring equipment of a 

6 mobile offshore drilling unit that is located over 

7 the outer Continental Shelf (as defined in sec8 tion 2(a) of the Outer Continental Shelf Lands 

9 Act (43 U.S.C. 1331(a))); or 

10 ‘‘(B) the transportation of merchandise or 

11 personnel to or from a point in the United 

12 States from or to a mobile offshore drilling unit 

13 located over the outer Continental Shelf that is 

14 not attached to the seabed. 

15 ‘‘(2) COASTWISE TRADE NOT AUTHORIZED.— 

16 Nothing in paragraph (1) authorizes the employment 

17 in the coastwise trade of a vessel that does not meet 

18 the requirements of section 12112 of this title.’’. 

19 (2) Section 12139(a) is amended by striking 

20 ‘‘and charterers’’ and inserting ‘‘charterers, and 

21 mortgagees’’. 

22 (3) Section 51307 is amended— 

23 (A) by striking ‘‘and’’ at the end of para24 graph (2); 

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1 (B) by striking ‘‘organizations.’’ in para2 graph (3) and inserting ‘‘organizations; and’’; 

3 and 

4 (C) by adding at the end the following: 

5 ‘‘(4) on any other vessel considered by the Sec6 retary to be necessary or appropriate or in the na7 tional interest.’’. 

8 (4) Section 55105(b)(3) is amended by striking 

9 ‘‘Secretary of the department in which the Coast 

10 Guard is operating’’ and inserting ‘‘Secretary of 

11 Homeland Security’’. 

12 (5) Section 70306(a) is amended by striking 

13 ‘‘Not later than February 28 of each year, the Sec14 retary shall submit a report’’ and inserting ‘‘The 

15 Secretary shall submit an annual report’’. 

16 (6) Section 70502(d)(2) is amended to read as 

17 follows: 

18 ‘‘(2) RESPONSE TO CLAIM OF REGISTRY.—The 

19 response of a foreign nation to a claim of registry 

20 under paragraph (1)(A) or (C) may be made by 

21 radio, telephone, or similar oral or electronic means, 

22 and is proved conclusively by certification of the Sec23 retary of State or the Secretary’s designee.’’. 

24 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec25 tions 303, 307, 308, 310, 901(q), and 902(o) of the Coast 

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1 Guard and Maritime Transportation Act of 2006 (Public 

2 Law 109–241) are repealed. 

3 SEC. 207. AMENDMENTS BASED ON PUBLIC LAW 109–364. 

4 (a) UPDATING OF CROSS REFERENCES.—Section 

5 1017(b)(2) of the John Warner National Defense Author6 ization Act for Fiscal Year 2007 (Public Law 109–364, 

7 10 U.S.C. 2631 note) is amended by striking ‘‘section 27 

8 of the Merchant Marine Act, 1920 (46 U.S.C. 883), sec9 tion 12106 of title 46, United States Code, and section 

10 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)’’ and 

11 inserting ‘‘sections 12112, 50501, and 55102 of title 46, 

12 United States Code’’. 

13 (b) SECTION 51306(e).— 

14 (1) IN GENERAL.—Section 51306 of title 46, 

15 United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘(e) ALTERNATIVE SERVICE.— 

18 ‘‘(1) SERVICE AS COMMISSIONED OFFICER.—An 

19 individual who, for the 5-year period following grad20 uation from the Academy, serves as a commissioned 

21 officer on active duty in an armed force of the 

22 United States or as a commissioned officer of the 

23 National Oceanic and Atmospheric Administration 

24 or the Public Health Service shall be excused from 

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1 the requirements of paragraphs (3) through (5) of 

2 subsection (a). 

3 ‘‘(2) MODIFICATION OR WAIVER.—The Sec4 retary may modify or waive any of the terms and 

5 conditions set forth in subsection (a) through the 

6 imposition of alternative service requirements.’’. 

7 (2) APPLICATION.—Section 51306(e) of title 

8 46, United States Code, as added by paragraph (1), 

9 applies only to an individual who enrolls as a cadet 

10 at the United States Merchant Marine Academy, 

11 and signs an agreement under section 51306(a) of 

12 title 46, after October 17, 2006. 

13 (c) SECTION 51306(f).— 

14 (1) IN GENERAL.—Section 51306 of title 46, 

15 United States Code, is further amended by adding 

16 at the end the following: 

17 ‘‘(f) SERVICE OBLIGATION PERFORMANCE REPORT18 ING REQUIREMENT.— 

19 ‘‘(1) IN GENERAL.—Subject to any otherwise 

20 applicable restrictions on disclosure in section 552a 

21 of title 5, the Secretary of Defense, the Secretary of 

22 the department in which the Coast Guard is oper23 ating, the Administrator of the National Oceanic 

24 and Atmospheric Administration, and the Surgeon 

25 General of the Public Health Service— 

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1 ‘‘(A) shall report the status of obligated 

2 service of an individual graduate of the Acad3 emy upon request of the Secretary; and 

4 ‘‘(B) may, in their discretion, notify the 

5 Secretary of any failure of the graduate to per6 form the graduate’s duties, either on active 

7 duty or in the Ready Reserve component of 

8 their respective service, or as a commissioned 

9 officer of the National Oceanic and Atmos10 pheric Administration or the Public Health 

11 Service, respectively. 

12 ‘‘(2) INFORMATION TO BE PROVIDED.—A re13 port or notice under subparagraph (A) paragraph 

14 (1) shall identify any graduate determined to have 

15 failed to comply with service obligation requirements 

16 and provide all required information as to why such 

17 graduate failed to comply. 

18 ‘‘(3) CONSIDERED AS IN DEFAULT.—Upon re19 ceipt of such a report or notice, such graduate may 

20 be considered to be in default of the graduate’s serv21 ice obligations by the Secretary, and subject to all 

22 remedies the Secretary may have with respect to 

23 such a default.’’. 

24 (2) APPLICATION.—Section 51306(f) of title 

25 46, United States Code, as added by paragraph (1), 

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1 does not apply with respect to an agreement entered 

2 into under section 51306(a) of title 46, United 

3 States Code, before October 17, 2006. 

4 (d) SECTION 51509(c).—Section 51509(c) of title 46, 

5 United States Code, is amended— 

6 (1) by striking ‘‘MIDSHIPMAN AND’’ in the sub7 section heading and ‘‘midshipman and’’ in the text; 

8 and 

9 (2) inserting ‘‘or the Coast Guard Reserve’’ 

10 after ‘‘Reserve)’’. 

11 (e) SECTION 51908(a).—Section 51908(a) of title 46, 

12 United States Code, is amended by striking ‘‘under this 

13 chapter’’ and inserting ‘‘by this chapter or the Secretary 

14 of Transportation’’. 

15 (f) SECTION 53105(e)(2).—Section 53105(e)(2) of 

16 title 46, United States Code, is amended by striking ‘‘sec17 tion 2 of the Shipping Act, 1916 (46 U.S.C. App. 802),’’ 

18 and inserting ‘‘section 50501 of this title’’. 

19 (g) REPEAL OF SUPERSEDED AMENDMENTS.—Sec20 tions 3505, 3506, 3508, and 3510(a) and (b) of the John 

21 Warner National Defense Authorization Act for Fiscal 

22 Year 2007 (Public Law 109–364) are repealed. 

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1 SEC. 208. MISCELLANEOUS AMENDMENTS. 

2 (a) DELETION OF OBSOLETE REFERENCE TO CAN3 TON ISLAND.—Section 55101(b) of title 46, United States 

4 Code, is amended— 

5 (1) by inserting ‘‘or’’ after the semicolon at the 

6 end of paragraph (2); 

7 (2) by striking paragraph (3); and 

8 (3) by redesignating paragraph (4) as para9 graph (3). 

10 (b) IMPROVEMENT OF HEADING.—Title 46, United 

11 States Code, is amended as follows: 

12 (1) The heading of section 55110 is amended 

13 by inserting ‘‘valueless material or’’ before 

14 ‘‘dredged material’’. 

15 (2) The item for section 55110 in the analysis 

16 for chapter 551 is amended by inserting ‘‘valueless 

17 material or’’ before ‘‘dredged material’’. 

18 (c) OCEANOGRAPHIC RESEARCH VESSELS AND SAIL19 ING SCHOOL VESSELS.— 

20 (1) Section 10101(3) of title 46, United States 

21 Code, is amended by inserting ‘‘on an oceanographic 

22 research vessel’’ after ‘‘scientific personnel’’. 

23 (2) Section 50503 of title 46, United States 

24 Code, is amended by striking ‘‘An oceanographic re25 search vessel’’ and all that follows and inserting the 

26 following: 

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1 ‘‘(a) DEFINITIONS.—In this section, the terms ‘oceano2 graphic research vessel’ and ‘scientific personnel’ have the 

3 meaning given those terms in section 2101 of this title. 

4 ‘‘(b) NOT SEAMEN.—Scientific personnel on an ocean5 ographic research vessel are deemed not to be seamen under 

6 part G of subtitle II, section 30104, or chapter 303 of this 

7 title. 

8 ‘‘(c) NOT ENGAGED IN TRADE OR COMMERCE.—An 

9 oceanographic research vessel is deemed not to be engaged 

10 in trade or commerce.’’. 

11 (3) Section 50504(b)(1) of title 46, United States 

12 Code, is amended by striking ‘‘parts B, F, and G of 

13 subtitle II’’ and inserting ‘‘part B, F, or G of subtitle 

14 II, section 30104, or chapter 303’’. 

15 SEC. 209. APPLICATION OF SUNSET PROVISION TO CODI16 FIED PROVISION. 

17 For purposes of section 303 of the Jobs and Growth 

18 Tax Relief Reconciliation Act of 2003 (Public Law 108– 

19 27, 26 U.S.C. 1 note), the amendment made by section 

20 301(a)(2)(E) of that Act shall be deemed to have been 

21 made to section 53511(f)(2) of title 46, United States 

22 Code. 

23 SEC. 210. ADDITIONAL TECHNICAL CORRECTIONS. 

24 (a) AMENDMENTS TO TITLE 46.—Title 46, United 

25 States Code, is amended as follows: 

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1 (1) The analysis for chapter 21 is amended by 

2 striking the item relating to section 2108. 

3 (2) Section 12113(g) is amended by inserting 

4 ‘‘and’’ after ‘‘Conservation’’. 

5 (3) Section 12131 is amended by striking 

6 ‘‘commmand’’ and inserting ‘‘command’’. 

7 (b) AMENDMENTS TO PUBLIC LAW 109–304.— 

8 (1) AMENDMENTS.—Public Law 109–304 is 

9 amended as follows: 

10 (A) Section 15(10) is amended by striking 

11 ‘‘46 App. U.S.C.’’ and inserting ‘‘46 U.S.C. 

12 App.’’. 

13 (B) Section 15(30) is amended by striking 

14 ‘‘Shipping Act, 1936’’ and inserting ‘‘Shipping 

15 Act, 1916’’. 

16 (C) The schedule of Statutes at Large re17 pealed in section 19, as it relates to the Act of 

18 June 29, 1936, is amended by— 

19 (i) striking the second section ‘‘1111’’ 

20 (relating to 46 U.S.C. App. 1279f) and in21 serting section ‘‘1113’’; and 

22 (ii) striking the second section ‘‘1112’’ 

23 (relating to 46 U.S.C. App. 1279g) and in24 serting section ‘‘1114’’. 

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1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall be effective as if included in 

3 the enactment of Public Law 109–304. 

4 (c) REPEAL OF DUPLICATIVE OR UNEXECUTABLE

5 AMENDMENTS.— 

6 (1) REPEAL.—Sections 9(a), 15(21) and 

7 (33)(A) through (D)(i), and 16(c)(2) of Public Law 

8 109–304 are repealed. 

9 (2) INTENDED EFFECT.—The provisions re10 pealed by paragraph (1) shall be treated as if never 

11 enacted. 

12 (d) LARGE PASSENGER VESSEL CREW REQUIRE13 MENTS.—Section 8103(k)(3)(C)(iv) of title 46, United 

14 States Code, is amended by inserting ‘‘and section 252 

15 of the Immigration and Nationality Act (8 U.S.C. 1282)’’ 

16 after ‘‘of such section’’. 

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Calendar No. 432 

110TH CONGRESS 

1ST SESSION S. 1778 

[Report No. 110

–200] 

A BILL 

To authorize certain activities of the Maritime 

Administration, and for other purposes. 

OCTOBER 19, 2007 

Reported with amendments 

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