690 
SEC. 3112. EXTENSION OF DEADLINE FOR COMPTROLLER 
GENERAL REPORT ON DEPARTMENT OF EN-
ERGY PROTECTIVE FORCE MANAGEMENT. 
Section 3124(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 580) is amended by striking ‘‘Not later than 180 days 
after the date of the enactment of this Act,’’ and inserting 
‘‘No later than March 1, 2009,’’. 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
Sec. 3201. Authorization. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 
2009, $25,499,000 for the operation of the Defense Nuclear 
Facilities Safety Board under chapter 21 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2286 et seq.). 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $19,099,000 for fiscal 
year 2009 for the purpose of carrying out activities under 
chapter 641 of title 10, United States Code, relating to the 
naval petroleum reserves. 
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(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2009. 
Sec. 3502. Limitation on export of vessels owned by the Government of the United 
States for the purpose of dismantling, recycling, or scrapping. 
Sec. 3503. Student incentive payment agreements. 
Sec. 3504. Riding gang member requirements. 
Sec. 3505. Maintenance and Repair Reimbursement Program for the Maritime 
Security Fleet. 
Sec. 3506. Temporary program authorizing contracts with adjunct professors at 
the United States Merchant Marine Academy. 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 2009. 
Funds are hereby authorized to be appropriated for fis-
cal year 2009, to be available without fiscal year limitation 
if so provided in appropriations Acts, for the use of the De-
partment of Transportation for the Maritime Administra-
tion as follows: 
(1) For expenses necessary for operations and 
training activities, $117,848,000, of which— 
(A) $8,150,000 shall remain available until 
expended for capital improvements at the United 
States Merchant Marine Academy, and 
(B) $8,306,000 shall remain available until 
expended for maintenance and repair of school 
ships of the State Maritime Academies. 
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(2) For expenses to maintain and preserve a 
United States-flag merchant fleet to serve the national 
security needs of the United States under chapter 531 
of title 46, Unites States Code, $193,500,000, of which 
$19,500,000 will be available for costs associated with 
the maintenance reimbursement pilot program under 
section 3517 of the Maritime Security Act of 2003 (46 
U.S.C 53101 note). 
(4) For assistance to small shipyards and mari-
time communities under section 54101 of title 46, 
United States Code, $25,000,000. 
(5) For expenses to dispose of obsolete vessels in 
the National Defense Reserve Fleet, $18,000,000. 
(6) For the cost (as defined in section 502(5) of 
the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a(5)) of loan guarantees under the program au-
thorized by chapter 537 of title 46, United States 
Code, $30,000,000. 
(7) For administrative expenses related to the 
implementation of the loan guarantee program under 
chapter 537 of title 46, United States Code, adminis-
trative expenses related to implementation of the re-
imbursement program under section 3517 of the Mar-
itime Security Act of 2003 (46 U.S.C. 53101 note), 
and administrative expenses related to the implemen-
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tation of the small shipyards and maritime commu-
nities assistance program under section 54101 of title 
46, United States Code, $3,531,000. 
SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY 
THE GOVERNMENT OF THE UNITED STATES 
FOR THE PURPOSE OF DISMANTLING, RECY-
CLING, OR SCRAPPING. 
(a) IN GENERAL.—Except as provided in subsection 
(b), no vessel that is owned by the Government of the United 
States shall be approved for export to a foreign country for 
purposes of dismantling, recycling, or scrapping. 
(b) EXCEPTION.—Subsection (a) shall not apply with 
respect to a vessel if the Administer of the Maritime Admin-
istration certifies that— 
(1) a compelling need for dismantling, recycling, 
or scrapping the vessel exists; 
(2) there is no available capacity in the United 
States to conduct the dismantling, recycling, or scrap-
ping of the vessel; 
(3) any dismantling, recycling, or scrapping of 
the vessel in a foreign country will be conducted in 
full compliance with environmental, safety, labor, and 
health requirements for ship dismantling, recycling, 
or scrapping that are equivalent to the laws of the 
United States; and 
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(4) the export of the vessel under this section will 
only be for dismantling, recycling, or scrapping of the 
vessel. 
(c) CERTIFICATION.—The certification required in 
subsection (b) must be provided to the Committee on Armed 
Services of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
at least 90 days before any vessel is approved for transport 
to a foreign country for purposes of dismantling, recycling, 
or scrapping. 
(d) UNITED STATES DEFINED.—In this section the 
term ‘‘United States’’ means the States of the United States, 
Puerto Rico, and Guam. 
SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS. 
Section 51509(b) of title 46, United States Code, is 
amended— 
(1) by striking ‘‘$4,000’’ and inserting ‘‘$8,000’’; 
(2) by inserting ‘‘tuition,’’ after ‘‘uniforms,’’; 
and 
(3) by inserting ‘‘before the start of each aca-
demic year’’ after ‘‘and be paid’’. 
SEC. 3504. RIDING GANG MEMBER REQUIREMENTS. 
Section 1018 of the John Warner National Defense Au-
thorization Act for Fiscal Year 2007 (Public Law 109–364; 
120 Stat. 2380) is amended to read as follows: 
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‘‘SEC. 1018. RIDING GANG MEMBER REQUIREMENTS. 
‘‘(a) IN GENERAL.—The Secretary of Defense may not 
award, renew, extend, or exercise an option to extend any 
charter of a vessel documented under chapter 121 of title 
46, United States Code, for the Department of Defense, or 
any contract for the carriage of cargo by a vessel docu-
mented under that chapter for the Department of Defense, 
unless the charter or contract, respectively, includes provi-
sions that— 
‘‘(1) subject to paragraph (2), allow riding gang 
members to perform work on the vessel during the ef-
fective period of the charter or contract only under 
terms, conditions, restrictions, and requirements as 
provided in section 8106 of title 46, United States 
Code; and 
‘‘(2) require that riding gang members hold a 
merchant mariner’s document issued under chapter 
73 of title 46, United States Code, or a transportation 
security card issued under section 70105 of such title. 
‘‘(b) EXEMPTION.— 
‘‘(1) IN GENERAL.—In accordance with regula-
tions issued by the Secretary of Defense, an indi-
vidual shall not be treated as a riding gang member 
for the purposes of section 8106 of title 46, United 
States Code, and this section if— 
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‘‘(A) the individual is aboard a vessel that 
is under charter or contract for the carriage of 
cargo for the Department of Defense, for purposes 
other than engaging in the operation or mainte-
nance of the vessel; and 
‘‘(B) the individual— 
‘‘(i) accompanies, supervises, guards, 
or maintains unit equipment aboard a ship, 
commonly referred to as supercargo per-
sonnel; 
‘‘(ii) is one of the force protection per-
sonnel of the vessel; 
‘‘(iii) is a specialized repair techni-
cian; or 
‘‘(iv) is otherwise required by the Sec-
retary of Defense to be aboard the vessel. 
‘‘(2) BACKGROUND CHECK.— 
‘‘(A) IN GENERAL.—This section shall not 
apply to an individual unless— 
‘‘(i) the name and other necessary 
identifying information for the individual 
is submitted to the Secretary for a back-
ground check; and 
‘‘(ii) except as provided in subpara-
graph (B), the individual successfully passes 
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a background check by the Secretary prior 
to going aboard the vessel. 
‘‘(B) WAIVER.—The Secretary may waive 
the application of subparagraph (A)(ii) for an 
individual who holds a merchant mariner’s doc-
ument issued under chapter 73 of title 46, 
United States Code, or a transportation security 
card issued under section 70105 of such title. 
‘‘(3) EXEMPTED INDIVIDUAL NOT TREATED AS IN 
ADDITION TO THE CREW.—An individual who, under 
paragraph (1), is not treated as a riding gang mem-
ber shall not be counted as an individual in addition 
to the crew for the purposes of section 3304 of title 
46, United States Code.’’. 
SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT 
PROGRAM FOR THE MARITIME SECURITY 
FLEET. 
Section 3517(a) of the Maritime Security Act of 2003 
(46 U.S.C. 53101 note; as amended by section 3503 of the 
National Defense Authorization Act for Fiscal Year 2006 
(119 Stat. 3548)) is amended by adding at the end the fol-
lowing: 
‘‘(3) EXISTING
OPERATING
AGREEMENTS.—The 
Secretary of Transportation shall, subject to the avail-
ability of appropriations, seek to enter into an agree-
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ment under this section with one or more contractors 
under an operating agreement under that chapter 
that is in effect on the date of the enactment of this 
paragraph, regarding maintenance and repair of all 
vessels that are subject to the operating agreement.’’. 
SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CON-
TRACTS WITH ADJUNCT PROFESSORS AT THE 
UNITED STATES MERCHANT MARINE ACAD-
EMY. 
(a) IN GENERAL.—The Maritime Administrator may 
establish a temporary program for the purpose of, subject 
to the availability of appropriations, contracting with indi-
viduals as personal services contractors to provide services 
as adjunct professors at the Academy, if the Maritime Ad-
ministrator determines that there is a need for adjunct pro-
fessors and the need is not of permanent duration. 
(b) CONTRACT REQUIREMENTS.—Each contract under 
the program— 
(1) must be approved by the Maritime Adminis-
trator; 
(2) subject to paragraph (3), shall be for a dura-
tion, including options, of not to exceed one year un-
less the Maritime Administrator finds that excep-
tional circumstances justify an extension of up to one 
additional year; and 
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(3) shall terminate not later than 6 months after 
the termination of contract authority under sub-
section (d). 
(c) LIMITATION ON NUMBER OF CONTRACTORS.—In 
awarding contacts under the program, the Maritime Ad-
ministrator shall ensure that not more than 25 individuals 
actively provide services 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 ter-
minate upon the expiration of December 31, 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 con-
tracted. 
(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). 
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Amend the title so as to read: ‘‘A bill to authorize 
appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, 
and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal 
year, and for other purposes.’’. 
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