II 

110TH CONGRESS 

1ST SESSION S. 1778 

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 

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’’. 

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

7 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. 


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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. 

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. 

1 TITLE I—MARITIME 

2 ADMINISTRATION 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FIS4 CAL YEAR 2008. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2008, to be available without fiscal year limita7 tion if so provided in appropriations Acts, for the use of 

8 the Department of Transportation for the Maritime Ad9 ministration as follows: 

10 (1) For expenses necessary for operations and 

11 training activities, $122,890,545. 

12 (2) For paying reimbursement under section 

13 3517 of the Maritime Security Act of 2003 (46 

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

15 (3) For assistance to small shipyards and mari16 time communities under section 54101 of title 46, 

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


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1 (4) For expenses to dispose of obsolete vessels 

2 in the National Defense Reserve Fleet, including 

3 provision of assistance under section 7 of Public 

4 Law 92–402, $18,000,000. 

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

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

7 661a(5))) of loan guarantees under the program au8 thorized by chapter 537 of title 46, United States 

9 Code, $20,000,000. 

10 (6) For administrative expenses related to the 

11 implementation of the loan guarantee program 

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

13 administrative expenses related to implementation of 

14 the reimbursement program under section 3517 of 

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

16 53101 note), and administrative expenses related to 

17 the implementation of the small shipyards and mari18 time communities assistance program under section 

19 54101 of title 46, United States Code, $3,408,000. 

20 SEC. 102. COMMERCIAL VESSEL CHARTERING AUTHORITY. 

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

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

23 end the following: 


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1 ‘‘§ 57533. Vessel chartering authority 

2 ‘‘The Secretary of Transportation may enter into 

3 contracts or other agreements on behalf of the United 

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

5 the use of any vessels and any other related real or per6 sonal property. The Secretary is authorized to use this au7 thority as the Secretary deems appropriate.’’. 

8 (b) CONFORMING AMENDMENT.—The chapter anal9 ysis for chapter 575 of such title is amended by adding 

10 at the end the following: 

‘‘57533. Vessel chartering authority.’’. 

11 SEC. 103. MARITIME ADMINISTRATION VESSEL CHAR12 TERING AUTHORITY. 

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

14 amended by— 

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

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

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

18 of the Secretary of Defense for such use shall be re19 quired with respect to any vessel in the Ready Re20 serve Force or in the National Defense Reserve 

21 Fleet which is maintained in a retention status for 

22 the Department of Defense;’’. 


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1 SEC. 104. CHARTERING TO STATE AND LOCAL GOVERN2 MENTAL INSTRUMENTALITIES. 

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

4 (50 U.S.C. App. 1744(b)), is amended— 

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

6 paragraph (3); 

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

8 inserting ‘‘Defense; or’’; and 

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

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

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

12 United States, except that the prior consent of the 

13 Secretary of Defense for such use shall be required 

14 with respect to any vessel in the Ready Reserve 

15 Force or in the National Defense Reserve Fleet 

16 which is maintained in a retention status for the De17 partment of Defense.’’. 

18 SEC. 105. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS. 

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

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

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

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

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

24 (1) and inserting the following: 

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

26 for disposing of vessels, as determined by the 


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1 Secretary, which shall include provisions requir2 ing the Maritime Administration to— 

3 ‘‘(i) dispose of all deteriorated high 

4 priority ships that are available for dis5 posal, within 12 months of their designa6 tion as such; and 

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

8 those vessels that pose the most significant 

9 danger to the environment or cost the most 

10 to maintain.’’. 

11 SEC. 106. VESSEL TRANSFER AUTHORITY. 

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

13 amended by adding at the end thereof the following: 

14 ‘‘(d) VESSEL CHARTERS TO OTHER DEPART15 MENTS.—On a reimbursable or non- reimbursable basis, 

16 as determined by the Secretary of Transportation, the 

17 Secretary may charter or otherwise make available a vessel 

18 under the jurisdiction of the Secretary to any other de19 partment, upon the request by the Secretary of the depart20 ment that receives the vessel. The prior consent of the Sec21 retary of Defense for such use shall be required with re22 spect to any vessel in the Ready Reserve Force or in the 

23 National Defense Reserve Fleet which is maintained in a 

24 retention status for the Department of Defense.’’. 


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

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

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

4 read as follows: 

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

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

7 TITLE II—TECHNICAL 

8 CORRECTIONS 

9 SEC. 201. STATUTORY CONSTRUCTION. 

10 The amendments made by this title make no sub11 stantive change in existing law and may not be construed 

12 as making a substantive change in existing law. 

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

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

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

16 (b) and inserting the following: 

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

18 course of employment or, if the seaman dies from the in19 jury, the personal representative of the seaman may bring 

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

21 of the United States regulating recovery for personal in22 jury to, or death of, a railway employee shall apply. Such 

23 an action may be maintained in admiralty or, at the plain24 tiff’s election, as an action at law, with the right of trial 

25 by jury. 


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

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

3 which the employer resides or the employer’s principal of4 fice is located.’’. 

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

6 subsection (a) shall be effective as if included in the enact7 ment of Public Law 109–304. 

8 SEC. 203. AMENDMENTS TO CHAPTER 537 BASED ON PUB9 LIC LAW 109–163. 

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

11 amended as follows: 

12 (1) Section 53701 is amended by— 

13 (A) redesignating paragraphs (2) through 

14 (13) as paragraphs (3) through (14), respec15 tively; 

16 (B) inserting after paragraph (1) the fol17 lowing: 

18 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis19 trator’ means the Administrator of the Maritime Ad20 ministration.’’; and 

21 (C) striking paragraph (13) (as redesig22 nated) and inserting the following: 

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

24 means the Secretary of Commerce with respect to 

25 fishing vessels and fishery facilities.’’. 


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1 (2) Section 53706(c) is amended to read as fol2 lows: 

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

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

5 commitment to guarantee an obligation under this 

6 chapter, the Administrator shall give priority to— 

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

8 a guarantee and is constructed with assistance 

9 under subtitle D of the Maritime Security Act 

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

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

12 vessel that is otherwise eligible for a guarantee 

13 and that the Secretary of Defense determines— 

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

15 auxiliary in time of war or national emer16 gency; and 

17 ‘‘(ii) meets a shortfall in sealift capac18 ity or capability. 

19 ‘‘(2) TIME FOR DETERMINATION.—The Sec20 retary of Defense shall determine whether a vessel 

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

22 after receipt of a request from the Administrator for 

23 such a determination.’’. 

24 (3) Section 53707 is amended— 


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

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

3 place it appears; 

4 (B) by striking ‘‘Secretary of Transpor5 tation’’ in subsection (b) and inserting ‘‘Admin6 istrator’’; 

7 (C) by striking ‘‘of Commerce’’ in sub8 section (c); and 

9 (D) in subsection (d)(2), by— 

10 (i) inserting ‘‘if the Secretary or Ad11 ministrator considers necessary,’’ before 

12 ‘‘the waiver’’; and 

13 (ii) striking ‘‘the increased’’ and in14 serting ‘‘any significant increase in’’. 

15 (4) Section 53708 is amended— 

16 (A) by striking ‘‘SECRETARY OF TRANS17 PORTATION’’ in the heading of subsection (a) 

18 and inserting ‘‘ADMINISTRATOR’’; 

19 (B) by striking ‘‘Secretary’’ and ‘‘Sec20 retary of Transportation’’ each place they ap21 pear in subsection (a) and inserting ‘‘Adminis22 trator’’; 

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

24 heading of subsection (b); 


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1 (D) by striking ‘‘of Commerce’’ in sub2 sections (b) and (c); 

3 (E) in subsection (d), by— 

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

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

6 (ii) striking ‘‘financial structures, or 

7 other risk factors identified by the Sec8 retary. Any independent analysis con9 ducted under this subsection shall be per10 formed by a party chosen by the Sec11 retary.’’ and inserting ‘‘or financial struc12 tures. A third party independent analysis 

13 conducted under this subsection shall be 

14 performed by a private sector expert in as15 sessing such risk factors who is selected by 

16 the Secretary or Administrator.’’; and 

17 (F) in subsection (e), by— 

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

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

20 (ii) striking ‘‘financial structures, or 

21 other risk factors identified by the Sec22 retary’’ and inserting ‘‘or financial struc23 tures’’. 

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

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


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

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

3 Administrator has waived a requirement under sec4 tion 53707(d) of this title, the loan agreement shall 

5 include requirements for additional payments, collat6 eral, or equity contributions to meet the waived re7 quirement upon the occurrence of verifiable condi8 tions indicating that the obligor’s financial condition 

9 enables the obligor to meet the waived require10 ment.’’. 

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

12 are each amended— 

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

14 subsection heading; and 

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

16 it appears. 

17 (8) Section 53732(e)(2) is amended by insert18 ing ‘‘of Defense’’ after ‘‘Secretary’’ the second place 

19 it appears. 

20 (9) The following provisions are amended by 

21 striking ‘‘Secretary’’ and ‘‘Secretary of Transpor22 tation’’ and inserting ‘‘Administrator’’: 

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

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

25 in a heading and in text. 


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1 (C) Section 53718. 

2 (D) Section 53731 each place it appears, 

3 except where ‘‘Secretary’’ is followed by ‘‘of En4 ergy’’. 

5 (E) Section 53732 (as amended by para6 graph (8)) each place it appears, except where 

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

8 ‘‘of State’’, or ‘‘of Defense’’. 

9 (F) Section 53733 each place it appears. 

10 (10) The following provisions are amended by 

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

12 place it appears in headings and text, except where 

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

14 ‘‘of the Treasury’’: 

15 (A) The items relating to sections 53722 

16 and 53723 in the chapter analysis for chapter 

17 537. 

18 (B) Sections 53701(1), (4), and (9) (as re19 designated by paragraph (1)(A)), 53702(a), 

20 53703, 53704, 53706(a)(3)(B)(iii), 

21 53709(a)(1), (b)(1) and (2)(A), and (d), 

22 53710(a) and (c), 53711, 53712 (except in the 

23 last sentence of subsection (b) as amended by 

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

25 53725, and 53734. 


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

2 53721(c), 53722(a)(1) and (b)(1)(B), and 53724(b) 

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

4 ‘‘Secretary’s’’. 

5 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec6 tion 3507 (except subsection (c)(4)) of the National De7 fense Authorization Act for Fiscal Year 2006 (Public Law 

8 109–163) is repealed. 

9 SEC. 204. ADDITIONAL AMENDMENTS BASED ON PUBLIC 

10 LAW 109–163. 

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

12 amended as follows: 

13 (1) Chapters 513 and 515 are amended by 

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

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

16 Reserve’’. 

17 (2) Section 51504(f) is amended to read as fol18 lows: 

19 ‘‘(f) FUEL COSTS.— 

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

21 of appropriations, the Secretary shall pay to each 

22 State maritime academy the costs of fuel used by a 

23 vessel provided under this section while used for 

24 training. 


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

2 payment to a State maritime academy under para3 graph (1) may not exceed— 

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

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

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

7 each fiscal year thereafter.’’. 

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

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

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

11 $500,000 for fiscal year 2008 and each fiscal year 

12 thereafter’’. 

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

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

15 States and to perform functions to assist the United 

16 States merchant marine, as determined necessary by 

17 the Secretary.’’. 

18 (5)(A) Section 51907 is amended to read as fol19 lows: 

20 ‘‘§ 51907. Provision of decorations, medals, and re21 placements 

22 ‘‘The Secretary of Transportation may provide— 

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

24 this chapter and replacements for those decorations 

25 and medals; and 


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1 ‘‘(2) replacements for decorations and medals 

2 issued under a prior law.’’. 

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

4 chapter analysis for chapter 519 is amended to read 

5 as follows: 

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

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

7 after chapter 539: 

8 ‘‘CHAPTER 541—MISCELLANEOUS 

‘‘Sec. 

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

9 (B) Section 3506 of the National Defense Au10 thorization Act for Fiscal Year 2006 (46 U.S.C. 

11 53101 note) is transferred to and redesignated as 

12 section 54101 of title 46, United States Code, to ap13 pear at the end of chapter 541 of title 46, as in14 serted by subparagraph (A). 

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

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

17 ‘‘§ 54101. Assistance for small shipyards and maritime 

18 communities’’. 

19 (D) The table of chapters at the beginning of 

20 subtitle V is amended by inserting after the item re21 lating to chapter 539 the following new item: 

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


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1 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec2 tions 515(g)(2), 3502, 3509, and 3510 of the National 

3 Defense Authorization Act for Fiscal Year 2006 (Public 

4 Law 109–163) are repealed. 

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

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

7 United States Code, is amended— 

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

9 than a total of 10 cents per ton per year)’’ in sub10 section (a) and inserting ‘‘4.5 cents per ton, not to 

11 exceed a total of 22.5 cents per ton per year, for fis12 cal years 2006 through 2010, and 2 cents per ton, 

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

14 for each fiscal year thereafter,’’; and 

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

16 than a total of 30 cents per ton per year)’’ in sub17 section (b) and inserting ‘‘13.5 cents per ton, not to 

18 exceed a total of 67.5 cents per ton per year, for fis19 cal years 2006 through 2010, and 6 cents per ton, 

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

21 for each fiscal year thereafter,’’. 

22 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec23 tion 4001 of the Deficit Reduction Act of 2005 (Public 

24 Law 109–171) is repealed. 


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

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

3 amended as follows: 

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

5 end the following: 

6 ‘‘(d) ACTIVITIES INVOLVING MOBILE OFFSHORE

7 DRILLING UNITS.— 

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

9 certificate of documentation with a registry endorse10 ment is issued may engage in— 

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

12 the anchors or other mooring equipment of a 

13 mobile offshore drilling unit that is located over 

14 the outer Continental Shelf (as defined in sec15 tion 2(a) of the Outer Continental Shelf Lands 

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

17 ‘‘(B) the transportation of merchandise or 

18 personnel to or from a point in the United 

19 States from or to a mobile offshore drilling unit 

20 located over the outer Continental Shelf that is 

21 not attached to the seabed. 

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

23 Nothing in paragraph (1) authorizes the employment 

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

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


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

2 ‘‘and charterers’’ and inserting ‘‘charterers, and 

3 mortgagees’’. 

4 (3) Section 51307 is amended— 

5 (A) by striking ‘‘and’’ at the end of para6 graph (2); 

7 (B) by striking ‘‘organizations.’’ in para8 graph (3) and inserting ‘‘organizations; and’’; 

9 and 

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

11 ‘‘(4) on any other vessel considered by the Sec12 retary to be necessary or appropriate or in the na13 tional interest.’’. 

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

15 ‘‘Secretary of the department in which the Coast 

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

17 Homeland Security’’. 

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

19 ‘‘Not later than February 28 of each year, the Sec20 retary shall submit a report’’ and inserting ‘‘The 

21 Secretary shall submit an annual report’’. 

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

23 follows: 

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

25 response of a foreign nation to a claim of registry 


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

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

3 and is proved conclusively by certification of the Sec4 retary of State or the Secretary’s designee.’’. 

5 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec6 tions 303, 307, 308, 310, 901(q), and 902(o) of the Coast 

7 Guard and Maritime Transportation Act of 2006 (Public 

8 Law 109–241) are repealed. 

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

10 (a) UPDATING OF CROSS REFERENCES.—Section 

11 1017(b)(2) of the John Warner National Defense Author12 ization Act for Fiscal Year 2007 (Public Law 109–364, 

13 10 U.S.C. 2631 note) is amended by striking ‘‘section 27 

14 of the Merchant Marine Act, 1920 (46 U.S.C. 883), sec15 tion 12106 of title 46, United States Code, and section 

16 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)’’ and 

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

18 United States Code’’. 

19 (b) SECTION 51306(e).— 

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

21 United States Code, is amended by adding at the 

22 end the following: 

23 ‘‘(e) ALTERNATIVE SERVICE.— 

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

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1 uation from the Academy, serves as a commissioned 

2 officer on active duty in an armed force of the 

3 United States or as a commissioned officer of the 

4 National Oceanic and Atmospheric Administration 

5 or the Public Health Service shall be excused from 

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

7 subsection (a). 

8 ‘‘(2) MODIFICATION OR WAIVER.—The Sec9 retary may modify or waive any of the terms and 

10 conditions set forth in subsection (a) through the 

11 imposition of alternative service requirements.’’. 

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

13 46, United States Code, as added by paragraph (1), 

14 applies only to an individual who enrolls as a cadet 

15 at the United States Merchant Marine Academy, 

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

17 title 46, after October 17, 2006. 

18 (c) SECTION 51306(f).— 

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

20 United States Code, is further amended by adding 

21 at the end the following: 

22 ‘‘(f) SERVICE OBLIGATION PERFORMANCE REPORT23 ING REQUIREMENT.— 

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

25 applicable restrictions on disclosure in section 552a 


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1 of title 5, the Secretary of Defense, the Secretary of 

2 the department in which the Coast Guard is oper3 ating, the Administrator of the National Oceanic 

4 and Atmospheric Administration, and the Surgeon 

5 General of the Public Health Service— 

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

7 service of an individual graduate of the Acad8 emy upon request of the Secretary; and 

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

10 Secretary of any failure of the graduate to per11 form the graduate’s duties, either on active 

12 duty or in the Ready Reserve component of 

13 their respective service, or as a commissioned 

14 officer of the National Oceanic and Atmos15 pheric Administration or the Public Health 

16 Service, respectively. 

17 ‘‘(2) INFORMATION TO BE PROVIDED.—A re18 port or notice under subparagraph (A) shall identify 

19 any graduate determined to have failed to comply 

20 with service obligation requirements and provide all 

21 required information as to why such graduate failed 

22 to comply. 

23 ‘‘(3) CONSIDERED AS IN DEFAULT.—Upon re24 ceipt of such a report or notice, such graduate may 

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1 ice obligations by the Secretary, and subject to all 

2 remedies the Secretary may have with respect to 

3 such a default.’’. 

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

5 46, United States Code, as added by paragraph (1), 

6 does not apply with respect to an agreement entered 

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

8 States Code, before October 17, 2006. 

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

10 United States Code, is amended— 

11 (1) by striking ‘‘MIDSHIPMAN AND’’ in the sub12 section heading and ‘‘midshipman and’’ in the text; 

13 and 

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

15 after ‘‘Reserve)’’. 

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

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

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

19 of Transportation’’. 

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

21 title 46, United States Code, is amended by striking ‘‘sec22 tion 2 of the Shipping Act, 1916 (46 U.S.C. App. 802),’’ 

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

24 (g) REPEAL OF SUPERSEDED AMENDMENTS.—Sec25 tions 3505, 3506, 3508, and 3510(a) and (b) of the John 


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•S 1778 IS 

1 Warner National Defense Authorization Act for Fiscal 

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

3 SEC. 208. MISCELLANEOUS AMENDMENTS. 

4 (a) DELETION OF OBSOLETE REFERENCE TO CAN5 TON ISLAND.—Section 55101(b) of title 46, United States 

6 Code, is amended— 

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

8 end of paragraph (2); 

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

10 (3) by redesignating paragraph (4) as para11 graph (3). 

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

13 States Code, is amended as follows: 

14 (1) The heading of section 55110 is amended 

15 by inserting ‘‘valueless material or’’ before 

16 ‘‘dredged material’’. 

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

18 for chapter 551 is amended by inserting ‘‘valueless 

19 material or’’ before ‘‘dredged material’’. 

20 SEC. 209. APPLICATION OF SUNSET PROVISION TO CODI21 FIED PROVISION. 

22 For purposes of section 303 of the Jobs and Growth 

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

24 27, 26 U.S.C. 1 note), the amendment made by section 

25 301(a)(2)(E) of that Act shall be deemed to have been 


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•S 1778 IS 

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

2 Code. 

3 SEC. 210. ADDITIONAL TECHNICAL CORRECTIONS. 

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

5 States Code, is amended as follows: 

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

7 striking the item relating to section 2108. 

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

9 ‘‘and’’ after ‘‘Conservation’’. 

10 (3) Section 12131 is amended by striking 

11 ‘‘commmand’’ and inserting ‘‘command’’. 

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

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

14 amended as follows: 

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

16 ‘‘46 App. U.S.C.’’ and inserting ‘‘46 U.S.C. 

17 App.’’. 

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

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

20 Act, 1916’’. 

21 (C) The schedule of Statutes at Large re22 pealed in section 19, as it relates to the Act of 

23 June 29, 1936, is amended by— 


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•S 1778 IS 

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

2 (relating to 46 U.S.C. App. 1279f) and in3 serting section ‘‘1113’’; and 

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

5 (relating to 46 U.S.C. App. 1279g) and in6 serting section ‘‘1114’’. 

7 (2) EFFECTIVE DATE.—The amendments made 

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

9 the enactment of Public Law 109–304. 

10 (c) REPEAL OF DUPLICATIVE OR UNEXECUTABLE

11 AMENDMENTS.— 

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

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

14 109–304 are repealed. 

15 (2) INTENDED EFFECT.—The provisions re16 pealed by paragraph (1) shall be treated as if never 

17 enacted. 

18 (d) LARGE PASSENGER VESSEL CREW REQUIRE19 MENTS.—Section 8103(k)(3)(C)(iv) of title 46, United 

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

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

22 after ‘‘of such section’’. 

Æ 


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