SEC. 2. PURPOSE. 
(a) IN GENERAL.—The purposes of this Act are to— 
(1) update certain provisions codified in title 
46, United States Code, by Public Law 109–304, to 
reflect amendments enacted after the cutoff date 
specified in section 18(a) of that law, which amend-
ments were to provisions restated and repealed by 
that law; 
(2) improve certain provisions codified by that 
law to reflect public comments submitted too late to 
be reflected in that law; and 
(3) correct technical errors in that law. 
(b) NO SUBSTANTIVE CHANGE.—This Act is not in-
tended to make any substantive change. 
SEC. 3. PERSONAL INJURY TO OR DEATH OF SEAMEN. 
(a) AMENDMENT.—Section 30104 of title 46, United 
States Code, is amended by striking subsections (a) and 
(b) and inserting the following: 
‘‘(a) CAUSE OF ACTION.—A seaman injured in the 
course of employment or, if the seaman dies from the in-
jury, the personal representative of the seaman may bring 
an action against the employer. In such an action, the laws 
of the United States regulating recovery for personal in-
jury to, or death of, a railway employee shall apply. Such 
an action may be maintained in admiralty or, at the plain-
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tiff’s election, as an action at law, with the right of trial 
by jury. 
‘‘(b) VENUE.—When the plaintiff elects to maintain 
an action at law, venue shall be in the judicial district in 
which the employer resides or the employer’s principal of-
fice is located.’’. 
(b) INTENT.—The amendment made by subsection 
(a) is intended to ensure that the codification of section 
20(a) of the Act of March 4, 1915, as amended, in section 
30104 of title 46, United States Code, does not result in 
any substantive change. Section 30104 is intended to be 
given the same interpretation as was given to such section 
20(a). 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall be effective as if included in the enact-
ment of Public Law 109–304. 
SEC. 4. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC 
LAW 109–163. 
(a) AMENDMENTS.—Title 46, United States Code, is 
amended as follows: 
(1) Section 53701 is amended by— 
(A) redesignating paragraphs (2)–(13) as 
paragraphs (3)–(14), respectively; 
(B) inserting after paragraph (1) the fol-
lowing: 
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‘‘(2) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Maritime Ad-
ministration.’’; and 
(C) amending paragraph (13) (as redesig-
nated) to read as follows: 
‘‘(13) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Commerce with respect to 
fishing vessels and fishery facilities.’’. 
(2) Section 53706(c) is amended to read as fol-
lows: 
‘‘(c) PRIORITIES FOR CERTAIN VESSELS.— 
‘‘(1) VESSELS.—In guaranteeing or making a 
commitment to guarantee an obligation under this 
chapter, the Administrator shall give priority to— 
‘‘(A) a vessel that is otherwise eligible for 
a guarantee and is constructed with assistance 
under subtitle D of the Maritime Security Act 
of 2003 (46 U.S.C. 53101 note); and 
‘‘(B) after applying subparagraph (A), a 
vessel that is otherwise eligible for a guarantee 
and that the Secretary of Defense determines— 
‘‘(i) is suitable for service as a naval 
auxiliary in time of war or national emer-
gency; and 
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‘‘(ii) meets a shortfall in sealift capac-
ity or capability. 
‘‘(2) TIME
FOR
DETERMINATION.—The Sec-
retary of Defense shall determine whether a vessel 
satisfies paragraph (1)(B) not later than 30 days 
after receipt of a request from the Administrator for 
such a determination.’’. 
(3) Section 53707 is amended in— 
(A) subsections (a) and (d), by inserting 
‘‘or Administrator’’ after ‘‘Secretary’’ each 
place it appears; 
(B) subsection (b), by striking ‘‘Secretary 
of Transportation’’ and inserting ‘‘Adminis-
trator’’; 
(C) subsection (c), by striking ‘‘of Com-
merce’’; and 
(D) subsection (d)(2), by— 
(i) inserting ‘‘if the Secretary or Ad-
ministrator considers necessary,’’ before 
‘‘the waiver’’; and 
(ii) striking ‘‘the increased’’ and in-
serting ‘‘any significant increase in’’. 
(4) Section 53708 is amended in— 
(A) subsection (a), by striking ‘‘Secretary’’ 
and ‘‘Secretary of Transportation’’ each place 
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they appear in the heading and in text and in-
serting ‘‘Administrator’’; 
(B) subsections (b) and (c), by striking ‘‘of 
Commerce’’ each place it appears in a heading 
and in text; 
(C) subsection (d), by— 
(i) inserting ‘‘or Administrator’’ after 
‘‘Secretary’’ the first place it appears; and 
(ii) striking ‘‘financial structures, or 
other risk factors identified by the Sec-
retary. Any independent analysis con-
ducted under this subsection shall be per-
formed by a party chosen by the Sec-
retary.’’ and inserting ‘‘or financial struc-
tures. A third party independent analysis 
conducted under this subsection shall be 
performed by a private sector expert in as-
sessing such risk factors who is selected by 
the Secretary or Administrator.’’; and 
(D) subsection (e), by— 
(i) inserting ‘‘or Administrator’’ after 
‘‘Secretary’’ the first place it appears; and 
(ii) striking ‘‘financial structures, or 
other risk factors identified by the Sec-
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retary’’ and inserting ‘‘or financial struc-
tures’’. 
(5) Section 53710(b)(1) is amended by striking 
‘‘Secretary’s’’ and inserting ‘‘Administrator’s’’. 
(6) Section 53712(b) is amended by striking 
the last sentence and inserting ‘‘If the Secretary or 
Administrator has waived a requirement under sec-
tion 53707(d) of this title, the loan agreement shall 
include requirements for additional payments, collat-
eral, or equity contributions to meet the waived re-
quirement upon the occurrence of verifiable condi-
tions indicating that the obligor’s financial condition 
enables the obligor to meet the waived require-
ment.’’. 
(7) Subsections (c) and (d) of section 53717 
are amended by striking ‘‘of Commerce’’ each place 
it appears in a heading and in text. 
(8) Section 53732(e)(2) is amended by insert-
ing ‘‘of Defense’’ after ‘‘Secretary’’ the second place 
it appears. 
(9) The following provisions are amended by 
striking ‘‘Secretary’’ and ‘‘Secretary of Transpor-
tation’’ and inserting ‘‘Administrator’’: 
(A) Section 53710(b)(2)(A)(i). 
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(B) Section 53717(b) each place it appears 
in a heading and in text. 
(C) Section 53718. 
(D) Section 53731 each place it appears, 
except where ‘‘Secretary’’ is followed by ‘‘of En-
ergy’’. 
(E) Section 53732 (as amended by para-
graph (8)) each place it appears, except where 
‘‘Secretary’’ is followed by ‘‘of the Treasury’’, 
‘‘of State’’, or ‘‘of Defense’’. 
(F) Section 53733 each place it appears. 
(10) The following provisions are amended by 
inserting ‘‘or Administrator’’ after ‘‘Secretary’’ each 
place it appears in headings and text, except where 
‘‘Secretary’’ is followed by ‘‘of Transportation’’ or 
‘‘of the Treasury’’: 
(A) The items relating to sections 53722 
and 53723 in the analysis of chapter 537. 
(B) Sections 53701(1), (4), and (9) (as re-
designated by paragraph (1)(A)), 53702(a), 
53703, 
53704, 
53706(a)(3)(B)(iii), 
53709(a)(1), (b)(1) and (2)(A), and (d), 
53710(a) and (c), 53711, 53712 (except in the 
last sentence of subsection (b) as amended by 
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to exceed a total of 30 cents per ton per year, for 
each fiscal year thereafter,’’. 
(b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec-
tion 4001 of the Deficit Reduction Act of 2005 (Public 
Law 109–171) is repealed. 
SEC. 7. AMENDMENTS BASED ON PUBLIC LAW 109–241. 
(a) AMENDMENTS.—Title 46, United States Code, is 
amended as follows: 
(1) Section 12111 is amended by adding at the 
end the following: 
‘‘(d) ACTIVITIES INVOLVING MOBILE OFFSHORE 
DRILLING UNITS.— 
‘‘(1) IN GENERAL.—Only a vessel for which a 
certificate of documentation with a registry endorse-
ment is issued may engage in— 
‘‘(A) the setting, relocation, or recovery of 
the anchors or other mooring equipment of a 
mobile offshore drilling unit that is located over 
the outer Continental Shelf (as defined in sec-
tion 2(a) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331(a))); or 
‘‘(B) the transportation of merchandise or 
personnel to or from a point in the United 
States from or to a mobile offshore drilling unit 
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located over the outer Continental Shelf that is 
not attached to the seabed. 
‘‘(2) COASTWISE TRADE NOT AUTHORIZED.— 
Nothing in paragraph (1) authorizes the employment 
in the coastwise trade of a vessel that does not meet 
the requirements of section 12112 of this title.’’. 
(2) Section 12139(a) is amended by striking 
‘‘and charterers’’ and inserting ‘‘charterers, and 
mortgagees’’. 
(3) Section 51307 is amended by— 
(A) striking ‘‘and’’ at the end of paragraph 
(2); 
(B) striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and 
(C) adding at the end the following: 
‘‘(4) on any other vessel considered by the Sec-
retary to be necessary or appropriate or in the na-
tional interest.’’. 
(4) Section 55105(b)(3) is amended by striking 
‘‘Secretary of the department in which the Coast 
Guard is operating’’ and inserting ‘‘Secretary of 
Homeland Security’’. 
(5) Section 70306(a) is amended by striking 
‘‘Not later than February 28 of each year, the Sec-
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retary shall submit a report’’ and inserting ‘‘The 
Secretary shall submit an annual report’’. 
(6) Section 70502(d)(2) is amended to read as 
follows: 
‘‘(2) RESPONSE TO CLAIM OF REGISTRY.—The 
response of a foreign nation to a claim of registry 
under paragraph (1)(A) or (C) may be made by 
radio, telephone, or similar oral or electronic means, 
and is proved conclusively by certification of the Sec-
retary of State or the Secretary’s designee.’’. 
(b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec-
tions 303, 307, 308, 310, 901(q), and 902(o) of the Coast 
Guard and Maritime Transportation Act of 2006 (Public 
Law 109–241) are repealed. 
SEC. 8. AMENDMENTS BASED ON PUBLIC LAW 109–364. 
(a) UPDATING
OF CROSS REFERENCES.—Section 
1017(b)(2) of the John Warner National Defense Author-
ization Act for Fiscal Year 2007 (Public Law 109–364, 
10 U.S.C. 2631 note) is amended by striking ‘‘section 27 
of the Merchant Marine Act, 1920 (46 U.S.C. 883), sec-
tion 12106 of title 46, United States Code, and section 
2 of the Shipping Act, 1916 (46 U.S.C. App. 802)’’ and 
inserting ‘‘sections 12112, 50501, and 55102 of title 46, 
United States Code’’. 
(b) SECTION 51306(e).— 
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(1) IN GENERAL.—Section 51306 of title 46, 
United States Code, is amended by adding at the 
end the following: 
‘‘(e) ALTERNATE SERVICE.— 
‘‘(1) SERVICE AS COMMISSIONED OFFICER.—An 
individual who, for the 5-year period following grad-
uation from the Academy, serves as a commissioned 
officer on active duty in an armed force of the 
United States or as a commissioned officer of the 
National Oceanic and Atmospheric Administration 
or the Public Health Service shall be excused from 
the requirements of subsection (a)(3)–(5). 
‘‘(2) MODIFICATION
OR
WAIVER.—The Sec-
retary may modify or waive any of the terms and 
conditions set forth in subsection (a) through the 
imposition of alternative service requirements.’’. 
(2) APPLICATION.—Section 51306(e) of title 
46, United States Code, as added by this subsection, 
applies only to an individual who enrolls as a cadet 
at the United States Merchant Marine Academy, 
and signs an agreement under section 51306(a) of 
title 46, after October 17, 2006. 
(c) SECTION 51306(f).— 
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(1) IN GENERAL.—Section 51306 of title 46, 
United States Code, is further amended by adding 
at the end the following: 
‘‘(f) SERVICE OBLIGATION PERFORMANCE REPORT-
ING REQUIREMENT.— 
‘‘(1) IN GENERAL.—Subject to any otherwise 
applicable restrictions on disclosure in section 552a 
of title 5, the Secretary of Defense, the Secretary of 
the department in which the Coast Guard is oper-
ating, the Administrator of the National Oceanic 
and Atmospheric Administration, and the Surgeon 
General of the Public Health Service— 
‘‘(A) shall report the status of obligated 
service of an individual graduate of the Acad-
emy upon request of the Secretary; and 
‘‘(B) may, in their discretion, notify the 
Secretary of any failure of the graduate to per-
form the graduate’s duties, either on active 
duty or in the Ready Reserve component of 
their respective service, or as a commissioned 
officer of the National Oceanic and Atmos-
pheric Administration or the Public Health 
Service, respectively. 
‘‘(2) INFORMATION TO BE PROVIDED.—A re-
port or notice under subparagraph (A) shall identify 
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any graduate determined to have failed to comply 
with service obligation requirements and provide all 
required information as to why such graduate failed 
to comply. 
‘‘(3) CONSIDERED AS IN DEFAULT.—Upon re-
ceipt of such a report or notice, such graduate may 
be considered to be in default of the graduate’s serv-
ice obligations by the Secretary, and subject to all 
remedies the Secretary may have with respect to 
such a default.’’. 
(2) APPLICATION.—Section 51306(f) of title 
46, United States Code, as added by this subsection, 
does not apply with respect to an agreement entered 
into under section 51306(a) of title 46 before Octo-
ber 17, 2006. 
(d) SECTION 51509(c).—Section 51509(c) of title 46, 
United States Code, is amended by— 
(1) striking ‘‘Midshipman and’’ in the sub-
section heading and ‘‘midshipman and’’ in the text; 
and 
(2) inserting ‘‘or the Coast Guard Reserve’’ 
after ‘‘Reserve)’’. 
(e) SECTION 51908(a).—Section 51908(a) of title 46, 
United States Code, is amended by striking ‘‘under this 
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chapter’’ and inserting ‘‘by this chapter or the Secretary 
of Transportation’’. 
(f) SECTION 53105(e)(2).—Section 53105(e)(2) of 
title 46, United States Code, is amended by striking ‘‘sec-
tion 2 of the Shipping Act, 1916 (46 U.S.C. App. 802),’’ 
and inserting ‘‘section 50501 of this title’’. 
(g) REPEAL OF SUPERSEDED AMENDMENTS.—Sec-
tions 3505, 3506, 3508, and 3510(a) and (b) of the John 
Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364) are repealed. 
SEC. 9. MISCELLANEOUS AMENDMENTS. 
(a) DELETION OF OBSOLETE REFERENCE TO CAN-
TON ISLAND.—Section 55101(b) of title 46, United States 
Code, is amended by— 
(1) inserting ‘‘or’’ after the semicolon at the 
end of paragraph (2); 
(2) striking paragraph (3); and 
(3) redesignating paragraph (4) as paragraph 
(3). 
(b) IMPROVEMENT OF HEADING.—Title 46, United 
States Code, is amended as follows: 
(1) The heading of section 55110 is amended 
by inserting ‘‘valueless material or’’ before ‘‘dredged 
material’’. 
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(2) The item for section 55110 in the analysis 
of chapter 551 is amended by inserting ‘‘valueless 
material or’’ before ‘‘dredged material’’. 
SEC. 10. APPLICATION OF SUNSET PROVISION TO CODI-
FIED PROVISION. 
For purposes of section 303 of the Jobs and Growth 
Tax Relief Reconciliation Act of 2003 (Public Law 108– 
27, 26 U.S.C. 1 note), the amendment made by section 
301(a)(2)(E) of that Act shall be deemed to have been 
made to section 53511(f)(2) of title 46, United States 
Code. 
SEC. 11. TECHNICAL CORRECTIONS. 
(a) AMENDMENTS TO TITLE 46.—Title 46, United 
States Code, is amended as follows: 
(1) The analysis of chapter 21 is amended by 
striking the item for section 2108. 
(2) Section 12113(g) is amended by inserting 
‘‘and’’ after ‘‘Conservation’’. 
(3) Section 12131 is amended by striking 
‘‘commmand’’ and inserting ‘‘command’’. 
(b) AMENDMENTS TO PUBLIC LAW 109–304.— 
(1) AMENDMENTS.—Public Law 109–304 is 
amended as follows: 
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(A) Section 15(10) is amended by striking 
‘‘46 App. U.S.C.’’ and inserting ‘‘46 U.S.C. 
App.’’. 
(B) Section 15(30) is amended by striking 
‘‘Shipping Act, 1936’’ and inserting ‘‘Shipping 
Act, 1916’’. 
(C) The schedule of Statutes at Large re-
pealed in section 19, as it relates to the Act of 
June 29, 1936, is amended by— 
(i) striking the second section ‘‘1111’’ 
(relating to 46 App. U.S.C. 1279f) and in-
serting section ‘‘1113’’; and 
(ii) striking the second section ‘‘1112’’ 
(relating to 46 App. U.S.C. 1279g) and in-
serting section ‘‘1114’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall be effective as if included in 
the enactment of Public Law 109–304. 
(c) REPEAL OF DUPLICATIVE OR UNEXECUTABLE 
AMENDMENTS.— 
(1) 
REPEAL.—Sections 
9(a), 
15(21) 
and 
(33)(A)–(D)(i), and 16(c)(2) of Public Law 109–304 
are repealed. 
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(2) INTENDED EFFECT.—The provisions re-
pealed by paragraph (1) shall be treated as if never 
enacted. 
Æ 
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