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concerns owned and controlled by service-dis-
abled veterans and small business concerns
owned and controlled by veterans through ex-
panded mentor-prote´ge´ assistance and matching
such small business concerns with contracting
opportunities;
‘‘(C) increasing the integrity of certifi-
cations of status as a small business concern
owned and controlled by service-disabled veterans
or a small business concern owned and controlled
by veterans;
‘‘(D) reducing paperwork and administra-
tive burdens on veterans in accessing business
development and entrepreneurship opportunities;
and
‘‘(E) making other improvements relating to
the support for veterans business development by
the Federal Government.
‘‘(4) REPORTING.—The task force shall submit
an annual report regarding its activities and pro-
posals to—
‘‘(A) the Committee on Small Business and
Entrepreneurship and the Committee on Vet-
erans’ Affairs of the Senate; and
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‘‘(B) the Committee on Small Business and
the Committee on Veterans’ Affairs of the House
of Representatives.’’.
SEC. 4103. PERMANENT EXTENSION OF SBA ADVISORY COM-
MITTEE ON VETERANS BUSINESS AFFAIRS.
(a) ASSUMPTION OF DUTIES.—Section 33 of the Small
Business Act (15 U.S.C. 657c) is amended—
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (k)
as subsections (h) through (j), respectively.
(b) PERMANENT EXTENSION OF AUTHORITY.—Section
203 of the Veterans Entrepreneurship and Small Business
Development Act of 1999 (15 U.S.C. 657b note) is amended
by striking subsection (h).
TITLE XLII—NATIONAL RESERV-
IST ENTERPRISE TRANSITION
AND SUSTAINABILITY
SEC. 4201. SHORT TITLE.
This title may be cited as the ‘‘National Reservist En-
terprise Transition and Sustainability Act of 2007’’.
SEC. 4202. PURPOSE.
The purpose of this title is to establish a program to—
(1) provide managerial, financial, planning, de-
velopment, technical, and regulatory assistance to
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small business concerns owned and operated by Re-
servists;
(2) provide managerial, financial, planning, de-
velopment, technical, and regulatory assistance to the
temporary heads of small business concerns owned
and operated by Reservists;
(3) create a partnership between the Small Busi-
ness Administration, the Department of Defense, and
the Department of Veterans Affairs to assist small
business concerns owned and operated by Reservists;
(4) utilize the service delivery network of small
business development centers, women’s business cen-
ters, Veterans Business Outreach Centers, and centers
operated by the National Veterans Business Develop-
ment Corporation to expand the access of small busi-
ness concerns owned and operated by Reservists to
programs providing business management, develop-
ment, financial, procurement, technical, regulatory,
and marketing assistance;
(5) utilize the service delivery network of small
business development centers, women’s business cen-
ters, Veterans Business Outreach Centers, and centers
operated by the National Veterans Business Develop-
ment Corporation to quickly respond to an activation
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of Reservists that own and operate small business
concerns; and
(6) utilize the service delivery network of small
business development centers, women’s business cen-
ters, Veterans Business Outreach Centers, and centers
operated by the National Veterans Business Develop-
ment Corporation to assist Reservists that own and
operate small business concerns in preparing for fu-
ture military activations.
SEC. 4203. NATIONAL GUARD AND RESERVE BUSINESS AS-
SISTANCE.
(a) IN GENERAL.—Section 21(a)(1) of the Small Busi-
ness Act (15 U.S.C. 648(a)(1)) is amended by inserting
‘‘any small business development center, women’s business
center, Veterans Business Outreach Center, or center oper-
ated by the National Veterans Business Development Cor-
poration providing enterprise transition and sustainability
assistance to Reservists under section 37,’’ after ‘‘any wom-
en’s business center operating pursuant to section 29,’’.
(b) PROGRAM.—The Small Business Act (15 U.S.C.
631 et seq.) is amended—
(1) by redesignating section 37 (15 U.S.C. 631
note) as section 38; and
(2) by inserting after section 36 the following:
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‘‘SEC. 37. RESERVIST ENTERPRISE TRANSITION AND SUS-
TAINABILITY.
‘‘(a) IN GENERAL.—The Administrator shall establish
a program to provide business planning assistance to small
business concerns owned and operated by Reservists.
‘‘(b) DEFINITIONS.—In this section—
‘‘(1) the terms ‘activated’ and ‘activation’ mean
having received an order placing a Reservists on ac-
tive duty, as defined by section 101(1) of title 10,
United States Code;
‘‘(2) the term ‘Administrator’ means the Admin-
istrator of the Small Business Administration, acting
through the Associate Administrator for Small Busi-
ness Development Centers;
‘‘(3) the term ‘Association’ means the association
established under section 21(a)(3)(A);
‘‘(4) the term ‘eligible applicant’ means—
‘‘(A) a small business development center
that is accredited under section 21(k);
‘‘(B) a women’s business center;
‘‘(C) a Veterans Business Outreach Center
that receives funds from the Office of Veterans
Business Development; or
‘‘(D) an information and assistance center
operated by the National Veterans Business De-
velopment Corporation under section 33;
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‘‘(5) the term ‘enterprise transition and sustain-
ability assistance’ means assistance provided by an
eligible applicant to a small business concern owned
and operated by a Reservist, who has been activated
or is likely to be activated in the next 12 months, to
develop and implement a business strategy for the pe-
riod while the owner is on active duty and 6 months
after the date of the return of the owner;
‘‘(6) the term ‘Reservist’ means any person who
is—
‘‘(A) a member of a reserve component of
the Armed Forces, as defined by section 10101 of
title 10, United States Code; and
‘‘(B) on active status, as defined by section
101(d)(4) of title 10, United States Code;
‘‘(7) the term ‘small business development center’
means a small business development center as de-
scribed in section 21 of the Small Business Act (15
U.S.C. 648);
‘‘(8) the term ‘State’ means each of the several
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, and Guam; and
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‘‘(9) the term ‘women’s business center’ means a
women’s business center described in section 29 of the
Small Business Act (15 U.S.C. 656).
‘‘(c) AUTHORITY.—The Administrator may award
grants, in accordance with the regulations developed under
subsection (d), to eligible applicants to assist small business
concerns owned and operated by Reservists by—
‘‘(1) providing management, development, fi-
nancing, procurement, technical, regulatory, and
marketing assistance;
‘‘(2) providing access to information and re-
sources, including Federal and State business assist-
ance programs;
‘‘(3) distributing contact information provided
by the Department of Defense regarding activated Re-
servists to corresponding State directors;
‘‘(4) offering free, one-on-one, in-depth counseling
regarding management, development, financing, pro-
curement, regulations, and marketing;
‘‘(5) assisting in developing a long-term plan for
possible future activation; and
‘‘(6) providing enterprise transition and sustain-
ability assistance.
‘‘(d) RULEMAKING.—
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‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with the Association and after notice and
an opportunity for comment, shall promulgate regula-
tions to carry out this section.
‘‘(2) DEADLINE.—The Administrator shall pro-
mulgate final regulations not later than 180 days of
the date of enactment of the Military Reservist and
Veteran Small Business Reauthorization and Oppor-
tunity Act of 2007.
‘‘(3) CONTENTS.—The regulations developed by
the 
Administrator 
under 
this 
subsection 
shall
establish—
‘‘(A) procedures for identifying, in consulta-
tion with the Secretary of Defense, States that
have had a recent activation of Reservists;
‘‘(B) priorities for the types of assistance to
be provided under the program authorized by
this section;
‘‘(C) standards relating to educational, tech-
nical, and support services to be provided by a
grantee;
‘‘(D) standards relating to any national
service delivery and support function to be pro-
vided by a grantee;
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‘‘(E) standards relating to any work plan
that the Administrator may require a grantee to
develop; and
‘‘(F) standards relating to the educational,
technical, and professional competency of any ex-
pert or other assistance provider to whom a
small business concern may be referred for assist-
ance by a grantee.
‘‘(e) APPLICATION.—
‘‘(1) IN GENERAL.—Each eligible applicant de-
siring a grant under this section shall submit an ap-
plication to the Administrator at such time, in such
manner, and accompanied by such information as the
Administrator may reasonably require.
‘‘(2) CONTENTS.—Each application submitted
under paragraph (1) shall describe—
‘‘(A) the activities for which the applicant
seeks assistance under this section; and
‘‘(B) how the applicant plans to allocate
funds within its network.
‘‘(f) AWARD OF GRANTS.—
‘‘(1) 
DEADLINE.—The 
Administrator 
shall
award grants not later than 60 days after the pro-
mulgation of final rules and regulations under sub-
section (d).
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‘‘(2) AMOUNT.—Each eligible applicant awarded
a grant under this section shall receive a grant in an
amount not greater than $300,000 per fiscal year.
‘‘(g) REPORT.—
‘‘(1) IN GENERAL.—The Comptroller General of
the United States shall—
‘‘(A) initiate an evaluation of the program
not later than 30 months after the disbursement
of the first grant under this section; and
‘‘(B) submit a report not later than 6
months after the initiation of the evaluation
under paragraph (1) to—
‘‘(i) the Administrator;
‘‘(ii) the Committee on Small Business
and Entrepreneurship of the Senate; and
‘‘(iii) the Committee on Small Busi-
ness of the House of Representatives.
‘‘(2) CONTENTS.—The report under paragraph
(1) shall—
‘‘(A) address the results of the evaluation
conducted under paragraph (1); and
‘‘(B) recommend changes to law, if any,
that it believes would be necessary or advisable
to achieve the goals of this section.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—
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‘‘(1) IN GENERAL.—There are authorized to be
appropriated to carry out this section—
‘‘(A) $5,000,000 for the first fiscal year be-
ginning after the date of enactment of the Mili-
tary Reservist and Veteran Small Business Re-
authorization and Opportunity Act of 2007; and
‘‘(B) $5,000,000 for each of the 3 fiscal
years following the fiscal year described in sub-
paragraph (A).
‘‘(2) FUNDING OFFSET.—Amounts necessary to
carry out this section shall be offset and made avail-
able through the reduction of the authorization of
funding under section 20(e)(1)(B)(iv) of the Small
Business Act (15 U.S.C. 631 note).’’.
TITLE XLIII—RESERVIST
PROGRAMS
SEC. 4301. RESERVIST PROGRAMS.
(a) APPLICATION PERIOD.—Section 7(b)(3)(C) of the
Small Business Act (15 U.S.C. 636(b)(3)(C)) is amended
by striking ‘‘90 days’’ and inserting ‘‘1 year’’.
(b) PRE-CONSIDERATION PROCESS.—
(1) DEFINITION.—In this subsection, the term
‘‘eligible Reservist’’ means a Reservist who—
(A) has not been ordered to active duty;
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(B) expects to be ordered to active duty dur-
ing a period of military conflict; and
(C) can reasonably demonstrate that the
small business concern for which that Reservist
is a key employee will suffer economic injury in
the absence of that Reservist.
(2) ESTABLISHMENT.—Not later than 6 months
after the date of enactment of this Act, the Adminis-
trator shall establish a pre-consideration process,
under which the Administrator—
(A) may collect all relevant materials nec-
essary for processing a loan to a small business
concern under section 7(b)(3) of the Small Busi-
ness Act (15 U.S.C. 636(b)(3)) before an eligible
Reservist employed by that small business con-
cern is activated; and
(B) shall distribute funds for any loan ap-
proved under subparagraph (A) if that eligible
Reservist is activated.
(c) OUTREACH
AND TECHNICAL ASSISTANCE PRO-
GRAM.—
(1) IN GENERAL.—Not later than 6 months after
the date of enactment of this Act, the Administrator,
in consultation with the Secretary of Veterans Affairs
and the Secretary of Defense, shall develop a com-
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prehensive outreach and technical assistance program
(in this subsection referred to as the ‘‘program’’) to—
(A) market the loans available under section
7(b)(3) of the Small Business Act (15 U.S.C.
636(b)(3)) to Reservists, and family members of
Reservists, that are on active duty and that are
not on active duty; and
(B) provide technical assistance to a small
business concern applying for a loan under that
section.
(2) COMPONENTS.—The program shall—
(A) incorporate appropriate websites main-
tained by the Administration, the Department of
Veterans Affairs, and the Department of Defense;
and
(B) require that information on the pro-
gram is made available to small business con-
cerns directly through—
(i) the district offices and resource
partners of the Administration, including
small business development centers, women’s
business centers, and the Service Corps of
Retired Executives; and
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(ii) other Federal agencies, including
the Department of Veterans Affairs and the
Department of Defense.
(3) REPORT.—
(A) IN GENERAL.—Not later than 6 months
after the date of enactment of this Act, and every
6 months thereafter until the date that is 30
months after such date of enactment, the Admin-
istrator shall submit to Congress a report on the
status of the program.
(B) CONTENTS.—Each report submitted
under subparagraph (A) shall include—
(i) for the 6-month period ending on
the date of that report—
(I) the number of loans approved
under section 7(b)(3) of the Small
Business Act (15 U.S.C. 636(b)(3));
(II) the number of loans disbursed
under that section; and
(III) the total amount disbursed
under that section; and
(ii) recommendations, if any, to make
the program more effective in serving small
business concerns that employ Reservists.
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SEC. 4302. RESERVIST LOANS.
(a) IN GENERAL.—Section 7(b)(3)(E) of the Small
Business Act (15 U.S.C. 636(b)(3)(E)) is amended by strik-
ing ‘‘$1,500,000’’ each place such term appears and insert-
ing ‘‘$2,000,000’’.
(b) LOAN INFORMATION.—
(1) IN GENERAL.—The Administrator and the
Secretary of Defense shall develop a joint website and
printed materials providing information regarding
any program for small business concerns that is
available to veterans or Reservists.
(2) 
MARKETING.—The 
Administrator 
is
authorized—
(A) to advertise and promote the program
under section 7(b)(3) of the Small Business Act
jointly with the Secretary of Defense and vet-
erans’ service organizations; and
(B) to advertise and promote participation
by lenders in such program jointly with trade
associations for banks or other lending institu-
tions.
SEC. 4303. NONCOLLATERALIZED LOANS.
Section 7(b)(3) of the Small Business Act (15 U.S.C.
636(b)(3)) is amended by adding at the end the following:
‘‘(G)(i) Notwithstanding any other provi-
sion of law, the Administrator may make a loan
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under this paragraph of not more than $50,000
without collateral.
‘‘(ii) The Administrator may defer payment
of principal and interest on a loan described in
clause (i) during the longer of—
‘‘(I) the 1-year period beginning on the
date of the initial disbursement of the loan;
and
‘‘(II) the period during which the rel-
evant essential employee is on active duty.’’.
SEC. 4304. LOAN PRIORITY.
Section 7(b)(3) of the Small Business Act (15 U.S.C.
636(b)(3)), as amended by this Act, is amended by adding
at the end the following:
‘‘(H) The Administrator shall give priority
to any application for a loan under this para-
graph and shall process and make a determina-
tion regarding such applications prior to proc-
essing or making a determination on other loan
applications under this subsection, on a rolling
basis.’’.
SEC. 4305. RELIEF FROM TIME LIMITATIONS FOR VETERAN-
OWNED SMALL BUSINESSES.
Section 3(q) of the Small Business Act (15 U.S.C.
632(q)) is amended by adding at the end the following:
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‘‘(5) RELIEF FROM TIME LIMITATIONS.—
‘‘(A) IN GENERAL.—Any time limitation on
any qualification, certification, or period of par-
ticipation imposed under this Act on any pro-
gram available to small business concerns shall
be extended for a small business concern that—
‘‘(i) is owned and controlled by—
‘‘(I) a veteran who was called or
ordered to active duty under a provi-
sion 
of 
law 
specified 
in 
section
101(a)(13)(B) of title 10, United
States Code, on or after September 11,
2001; or
‘‘(II) a service-disabled veteran
who became such a veteran due to an
injury or illness incurred or aggra-
vated in the active military, naval, or
air service during a period of active
duty pursuant to a call or order to ac-
tive duty under a provision of law re-
ferred to in subclause (I) on or after
September 11, 2001; and
‘‘(ii) was subject to the time limitation
during such period of active duty.
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‘‘(B) 
DURATION.—Upon 
submission 
of
proper documentation to the Administrator, the
extension of a time limitation under subpara-
graph (A) shall be equal to the period of time
that such veteran who owned or controlled such
a concern was on active duty as described in
that subparagraph.’’.
SEC. 4306. SERVICE-DISABLED VETERANS.
Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States
shall submit to the Committee on Small Business and En-
trepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report
describing—
(1) the types of assistance needed by service-dis-
abled veterans who wish to become entrepreneurs; and
(2) any resources that would assist such service-
disabled veterans.
SEC. 4307. STUDY ON OPTIONS FOR PROMOTING POSITIVE
WORKING RELATIONS BETWEEN EMPLOYERS
AND THEIR RESERVE COMPONENT EMPLOY-
EES.
(a) STUDY REQUIRED.—The Comptroller General of
the United States shall conduct a study on options for pro-
moting positive working relations between employers and
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Reserve component employees of such employers, including
assessing options for improving the time in which employ-
ers of Reservists are notified of the call or order of such
members to active duty other than for training.
(b) REPORT.—
(1) IN GENERAL.—Not later than 180 days after
the date of enactment of this Act, the Comptroller
General of the United States shall submit to the ap-
propriate committees of Congress a report on the
study conducted under subsection (a).
(2) CONTENTS.—The report submitted under
paragraph (1) shall—
(A) provide a quantitative and qualitative
assessment of—
(i) what measures, if any, are being
taken to inform Reservists of the obligations
and responsibilities of such members to
their employers;
(ii) how effective such measures have
been; and
(iii) whether there are additional
measures that could be taken to promote
positive working relations between Reserv-
ists and their employers, including any
steps that could be taken to ensure that em-
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ployers are timely notified of a call to ac-
tive duty; and
(B) assess whether there has been a reduc-
tion in the hiring of Reservists by business con-
cerns because of—
(i) any increase in the use of Reservists
after September 11, 2001; or
(ii) any change in any policy of the
Department of Defense relating to Reservists
after September 11, 2001.
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Committee on Armed Services and the
Committee on Small Business and Entrepreneurship
of the Senate; and
(2) the Committee on Armed Services and the
Committee on Small Business of the House of Rep-
resentatives.
DIVISION E—MARITIME
ADMINISTRATION
SEC. 5001. SHORT TITLE.
(a) SHORT TITLE.—This division may be cited as the
‘‘Maritime Administration Authorities Act of 2007’’.
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TITLE LI—GENERAL
SEC. 5101. COMMERCIAL VESSEL CHARTERING AUTHORITY.
(a) IN GENERAL.—Subchapter III of chapter 575 of
title 46, United States Code, is amended by adding at the
end the following:
‘‘§ 57533. Vessel chartering authority
‘‘The Secretary of Transportation may enter into con-
tracts or other agreements on behalf of the United States
to purchase, charter, operate, or otherwise acquire the use
of any vessels documented under chapter 121 of this title
and any other related real or personal property. The Sec-
retary is authorized to use this authority as the Secretary
deems appropriate.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 575 of such title is amended by adding at the
end the following:
‘‘57533. Vessel chartering authority.’’.
SEC. 5102. MARITIME ADMINISTRATION VESSEL CHAR-
TERING AUTHORITY.
Section 50303 of title 46, United States Code, is
amended by—
(1) inserting ‘‘vessels,’’ after ‘‘piers,’’; and
(2) by striking ‘‘control;’’ in subsection (a)(1)
and inserting ‘‘control, except that the prior consent
of the Secretary of Defense for such use shall be re-
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quired with respect to any vessel in the Ready Reserve
Force or in the National Defense Reserve Fleet which
is maintained in a retention status for the Depart-
ment of Defense;’’.
SEC. 5103. CHARTERING TO STATE AND LOCAL GOVERN-
MENTAL INSTRUMENTALITIES.
Section 11(b) of the Merchant Ship Sales Act of 1946
(50 U.S.C. App. 1744(b)), is amended—
(1) by striking ‘‘or’’ after the semicolon in para-
graph (3);
(2) by striking ‘‘Defense.’’ in paragraph (4) and
inserting ‘‘Defense; or’’; and
(3) by adding at the end thereof the following:
‘‘(5) on a reimbursable basis, for charter to the
government of any State, locality, or Territory of the
United States, except that the prior consent of the
Secretary of Defense for such use shall be required
with respect to any vessel in the Ready Reserve Force
or in the National Defense Reserve Fleet which is
maintained in a retention status for the Department
of Defense.’’.
SEC. 5104. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS.
Section 6(c)(1) of the National Maritime Heritage Act
of 1994 (16 U.S.C. 5405(c)(1)) is amended—
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(1) by inserting ‘‘(either by sale or purchase of
disposal services)’’ after ‘‘shall dispose’’; and
(2) by striking subparagraph (A) of paragraph
(1) and inserting the following:
‘‘(A) in accordance with a priority system
for disposing of vessels, as determined by the Sec-
retary, which shall include provisions requiring
the Maritime Administration to—
‘‘(i) dispose of all deteriorated high
priority ships that are available for dis-
posal, within 12 months of their designation
as such; and
‘‘(ii) give priority to the disposition of
those vessels that pose the most significant
danger to the environment or cost the most
to maintain;’’.
SEC. 5105. VESSEL TRANSFER AUTHORITY.
Section 50304 of title 46, United States Code, is
amended by adding at the end thereof the following:
‘‘(d) VESSEL CHARTERS TO OTHER DEPARTMENTS.—
On a reimbursable or nonreimbursable basis, as determined
by the Secretary of Transportation, the Secretary may
charter or otherwise make available a vessel under the juris-
diction of the Secretary to any other department, upon the
request by the Secretary of the department that receives the
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vessel. The prior consent of the Secretary of Defense for such
use shall be required with respect to any vessel in the Ready
Reserve Force or in the National Defense Reserve Fleet
which is maintained in a retention status for the Depart-
ment of Defense.’’.
SEC. 5106. SEA TRIALS FOR READY RESERVE FORCE.
Section 11(c)(1)(B) of the Merchant Ship Sales Act of
1946 (50 U.S.C. App. 1744(c)(1)(B)) is amended to read
as follows:
‘‘(B) activate and conduct sea trials on each
vessel at least once every 30 months;’’.
SEC. 5107. REVIEW OF APPLICATIONS FOR LOANS AND
GUARANTEES.
(a) PLAN.—Within 180 days after the date of enact-
ment of this Act, the Administrator of the Maritime Admin-
istration shall develop a comprehensive plan for the review
of traditional applications and non-traditional applica-
tions.
(b) INCLUSIONS.—The comprehensive plan shall in-
clude a description of the application review process that
shall not exceed 90 days for review of traditional applica-
tions.
(c) REPORT TO CONGRESS.—The Administrator shall
submit a report describing the comprehensive plan to the
Senate Committee on Commerce, Science, and Transpor-
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tation and the House of Representatives Committee on
Armed Forces.
(d) DEFINITIONS.—In this section:
(1) NONTRADITIONAL
APPLICATION.—The term
‘‘nontraditional application’’ means an application
for a loan, guarantee, or a commitment to guarantee
submitted pursuant to chapter 537 of title 46, United
States Code, that is not a traditional application, as
determined by the Administrator.
(2) TRADITIONAL APPLICATION.—The term ‘‘tra-
ditional application’’ means an application for a
loan, guarantee, or a commitment to guarantee sub-
mitted pursuant to chapter 537 of title 46, United
States Code, that involves a market, technology, and
financial structure of a type that has been approved
in such an application multiple times before the date
of enactment of this Act without default or unreason-
able risk to the United States, as determined by the
Administrator.
TITLE LII—TECHNICAL
CORRECTIONS
SEC. 5201. STATUTORY CONSTRUCTION.
The amendments made by this title make no sub-
stantive change in existing law and may not be construed
as making a substantive change in existing law.
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SEC. 5202. 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 injury,
the personal representative of the seaman may bring an ac-
tion against the employer. In such an action, the laws of
the United States regulating recovery for personal injury
to, or death of, a railway employee shall apply. Such an
action may be maintained in admiralty or, at the plain-
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 office
is located.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall be effective as if included in the enactment
of Public Law 109–304.
SEC. 5203. AMENDMENTS TO CHAPTER 537 BASED ON PUB-
LIC LAW 109–163.
(a) AMENDMENTS.—Title 46, United States Code, is
amended as follows:
(1) Section 53701 is amended by—
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(A) redesignating paragraphs (2) through
(13) as paragraphs (3) through (14), respec-
tively;
(B) inserting after paragraph (1) the fol-
lowing:
‘‘(2) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Maritime Ad-
ministration.’’; and
(C) striking paragraph (13) (as redesig-
nated) and inserting the following:
‘‘(13) SECRETARY.—The term ‘Secretary’ means
the Secretary of Commerce with respect to fishing ves-
sels 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
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‘‘(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
‘‘(ii) meets a shortfall in sealift capac-
ity or capability.
‘‘(2) TIME FOR DETERMINATION.—The Secretary
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 deter-
mination.’’.
(3) Section 53707 is amended—
(A) by inserting ‘‘or Administrator’’ in sub-
sections (a) and (d) after ‘‘Secretary’’ each place
it appears;
(B) by striking ‘‘Secretary of Transpor-
tation’’ in subsection (b) and inserting ‘‘Admin-
istrator’’;
(C) by striking ‘‘of Commerce’’ in subsection
(c); and
(D) in subsection (d)(2), by—
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(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—
(A) by striking ‘‘SECRETARY OF TRANSPOR-
TATION’’ in the heading of subsection (a) and in-
serting ‘‘ADMINISTRATOR’’;
(B) by striking ‘‘Secretary’’ and ‘‘Secretary
of Transportation’’ each place they appear in
subsection (a) and inserting ‘‘Administrator’’;
(C) by striking ‘‘OF COMMERCE’’ in the
heading of subsection (b);
(D) by striking ‘‘of Commerce’’ in sub-
sections (b) and (c);
(E) in 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 conducted
under this subsection shall be performed by
a party chosen by the Secretary.’’ and in-
serting ‘‘or financial structures. A third
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party independent analysis conducted under
this subsection shall be performed by a pri-
vate sector expert in assessing such risk fac-
tors who is selected by the Secretary or Ad-
ministrator.’’; and
(F) in 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-
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 Ad-
ministrator has waived a requirement under section
53707(d) of this title, the loan agreement shall include
requirements for additional payments, collateral, or
equity contributions to meet the waived requirement
upon the occurrence of verifiable conditions indi-
cating that the obligor’s financial condition enables
the obligor to meet the waived requirement.’’.
(7) Subsections (c) and (d) of section 53717 are
each amended—
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(A) by striking ‘‘OF COMMERCE’’ in the sub-
section heading; and
(B) by striking ‘‘of Commerce’’ each place it
appears.
(8) Section 53732(e)(2) is amended by inserting
‘‘of Defense’’ after ‘‘Secretary’’ the second place it ap-
pears.
(9) The following provisions are amended by
striking ‘‘Secretary’’ and ‘‘Secretary of Transpor-
tation’’ and inserting ‘‘Administrator’’:
(A) Section 53710(b)(2)(A)(i).
(B) Section 53717(b) each place it appears
in a heading and in text.
(C) Section 53718.
(D) Section 53731 each place it appears, ex-
cept 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
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‘‘Secretary’’ is followed by ‘‘of Transportation’’ or ‘‘of
the Treasury’’:
(A) The items relating to sections 53722
and 53723 in the chapter analysis for 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 sub-
section (b) as amended by paragraph (6)), 53713
to 53716, 53721 to 53725, and 53734.
(11) 
Sections 
53715(d)(1), 
53716(d)(3),
53721(c), 53722(a)(1) and (b)(1)(B), and 53724(b)
are amended by inserting ‘‘or Administrator’s’’ after
‘‘Secretary’s’’.
(b) REPEAL OF SUPERSEDED AMENDMENTS.—Section
3507 (except subsection (c)(4)) of the National Defense Au-
thorization Act for Fiscal Year 2006 (Public Law 109–163)
is repealed.
SEC. 5204. ADDITIONAL AMENDMENTS BASED ON PUBLIC
LAW 109–163.
(a) AMENDMENTS.—Title 46, United States Code, is
amended as follows:
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(1) Chapters 513 and 515 are amended by strik-
ing ‘‘Naval Reserve’’ each place it appears in anal-
yses, headings, and text and inserting ‘‘Navy Re-
serve’’.
(2) Section 51504(f) is amended to read as fol-
lows:
‘‘(f) FUEL COSTS.—
‘‘(1) IN GENERAL.—Subject to the availability of
appropriations, the Secretary shall pay to each State
maritime academy the costs of fuel used by a vessel
provided under this section while used for training.
‘‘(2) MAXIMUM AMOUNTS.—The amount of the
payment to a State maritime academy under para-
graph (1) may not exceed—
‘‘(A) $100,000 for fiscal year 2006;
‘‘(B) $200,000 for fiscal year 2007; and
‘‘(C) $300,000 for fiscal year 2008 and each
fiscal year thereafter.’’.
(3) Section 51505(b)(2)(B) is amended by strik-
ing ‘‘$200,000’’ and inserting ‘‘$300,000 for fiscal
year 2006, $400,000 for fiscal year 2007, and
$500,000 for fiscal year 2008 and each fiscal year
thereafter’’.
(4) Section 51701(a) is amended by striking ‘‘of
the United States.’’ and inserting ‘‘of the United
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States and to perform functions to assist the United
States merchant marine, as determined necessary by
the Secretary.’’.
(5)(A) Section 51907 is amended to read as fol-
lows:
‘‘§ 51907. Provision of decorations, medals, and re-
placements
‘‘The Secretary of Transportation may provide—
‘‘(1) the decorations and medals authorized by
this chapter and replacements for those decorations
and medals; and
‘‘(2) replacements for decorations and medals
issued under a prior law.’’.
(B) The item relating to section 51907 in the
chapter analysis for chapter 519 is amended to read
as follows:
‘‘51907. Provision of decorations, medals, and replacements.’’.
(6)(A) The following new chapter is inserted
after chapter 539:
‘‘CHAPTER 541—MISCELLANEOUS
‘‘Sec.
‘‘54101. Assistance for small shipyards and maritime communities.’’.
(B) Section 3506 of the National Defense Author-
ization Act for Fiscal Year 2006 (46 U.S.C. 53101
note) is transferred to and redesignated as section
54101 of title 46, United States Code, to appear at
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the end of chapter 541 of title 46, as inserted by sub-
paragraph (A).
(C) The heading of such section, as transferred
by subparagraph (B), is amended to read as follows:
‘‘§ 54101. Assistance for small shipyards and maritime
communities’’.
(D) Paragraph (1) of subsection (h) of such sec-
tion, as transferred by subparagraph (B), is amended
by striking ‘‘(15 U.S.C. 632);’’ and inserting ‘‘(15
U.S.C. 632));’’.
(E) The table of chapters at the beginning of sub-
title V is amended by inserting after the item relating
to chapter 539 the following new item:
‘‘541. Miscellaneous ..........................................................................
54101’’.
(b) REPEAL
OF SUPERSEDED AMENDMENTS.—Sec-
tions 515(g)(2), 3502, 3509, and 3510 of the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law
109–163) are repealed.
SEC. 5205. AMENDMENTS BASED ON PUBLIC LAW 109–171.
(a) AMENDMENTS.—Section 60301 of title 46, United
States Code, is amended—
(1) by striking ‘‘2 cents per ton (but not more
than a total of 10 cents per ton per year)’’ in sub-
section (a) and inserting ‘‘4.5 cents per ton, not to ex-
ceed a total of 22.5 cents per ton per year, for fiscal
years 2006 through 2010, and 2 cents per ton, not to
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exceed a total of 10 cents per ton per year, for each
fiscal year thereafter,’’; and
(2) by striking ‘‘6 cents per ton (but not more
than a total of 30 cents per ton per year)’’ in sub-
section (b) and inserting ‘‘13.5 cents per ton, not to
exceed a total of 67.5 cents per ton per year, for fiscal
years 2006 through 2010, and 6 cents per ton, not to
exceed a total of 30 cents per ton per year, for each
fiscal year thereafter,’’.
(b) REPEAL OF SUPERSEDED AMENDMENTS.—Section
4001 of the Deficit Reduction Act of 2005 (Public Law 109–
171) is repealed.
SEC. 5206. 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 mo-
bile offshore drilling unit that is located over the
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outer Continental Shelf (as defined in section
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
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 mort-
gagees’’.
(3) Section 51307 is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (2);
(B) by striking ‘‘organizations.’’ in para-
graph (3) and inserting ‘‘organizations; and’’;
and
(C) by 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.’’.
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(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-
retary shall submit a report’’ and inserting ‘‘The Sec-
retary 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. 5207. AMENDMENTS BASED ON PUBLIC LAW 109–364.
(a) UPDATING
OF
CROSS
REFERENCES.—Section
1017(b)(2) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364, 10
U.S.C. 2631 note) is amended by striking ‘‘section 27 of
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the Merchant Marine Act, 1920 (46 U.S.C. 883), section
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).—
(1) IN
GENERAL.—Section 51306 of title 46,
United States Code, is amended by adding at the end
the following:
‘‘(e) ALTERNATIVE 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 Pub-
lic Health Service shall be excused from the require-
ments of paragraphs (3) through (5) of subsection (a).
‘‘(2) MODIFICATION OR WAIVER.—The Secretary
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 paragraph (1), ap-
plies only to an individual who enrolls as a cadet at
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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).—
(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 REPORTING
REQUIREMENT.—
‘‘(1) IN GENERAL.—Subject to any otherwise ap-
plicable restrictions on disclosure in section 552a of
title 5, the Secretary of Defense, the Secretary of the
department in which the Coast Guard is operating,
the Administrator of the National Oceanic and At-
mospheric Administration, and the Surgeon General
of the Public Health Service—
‘‘(A) shall report the status of obligated
service of an individual graduate of the Academy
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 re-
spective service, or as a commissioned officer of
the National Oceanic and Atmospheric Adminis-
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tration or the Public Health Service, respec-
tively.
‘‘(2) INFORMATION TO BE PROVIDED.—A report
or notice under paragraph (1) shall identify any
graduate determined to have failed to comply with
service obligation requirements and provide all re-
quired 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 service
obligations by the Secretary, and subject to all rem-
edies the Secretary may have with respect to such a
default.’’.
(2) APPLICATION.—Section 51306(f) of title 46,
United States Code, as added by paragraph (1), does
not apply with respect to an agreement entered into
under section 51306(a) of title 46, United States
Code, before October 17, 2006.
(d) SECTION 51509(c).—Section 51509(c) of title 46,
United States Code, is amended—
(1) by striking ‘‘MIDSHIPMAN AND’’ in the sub-
section heading and ‘‘midshipman and’’ in the text;
and
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(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
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 ‘‘section 2
of the Shipping Act, 1916 (46 U.S.C. App. 802),’’ and in-
serting ‘‘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. 5208. MISCELLANEOUS AMENDMENTS.
(a) DELETION OF OBSOLETE REFERENCE TO CANTON
ISLAND.—Section 55101(b) of title 46, United States Code,
is amended—
(1) by inserting ‘‘or’’ after the semicolon at the
end of paragraph (2);
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as para-
graph (3).
(b) IMPROVEMENT OF HEADING.—Title 46, United
States Code, is amended as follows:
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(1) The heading of section 55110 is amended by
inserting 
‘‘valueless 
material 
or’’ 
before
‘‘dredged material’’.
(2) The item for section 55110 in the analysis
for chapter 551 is amended by inserting ‘‘valueless
material or’’ before ‘‘dredged material’’.
(c) OCEANOGRAPHIC RESEARCH VESSELS AND SAIL-
ING SCHOOL VESSELS.—
(1) Section 10101(3) of title 46, United States
Code, is amended by inserting ‘‘on an oceanographic
research vessel’’ after ‘‘scientific personnel’’.
(2) Section 50503 of title 46, United States
Code, is amended by striking ‘‘An oceanographic re-
search vessel’’ and all that follows and inserting the
following:
‘‘(a) DEFINITIONS.—In this section, the terms ‘oceano-
graphic research vessel’ and ‘scientific personnel’ have the
meaning given those terms in section 2101 of this title.
‘‘(b) NOT SEAMEN.—Scientific personnel on an ocean-
ographic research vessel are deemed not to be seamen under
part G of subtitle II, section 30104, or chapter 303 of this
title.
‘‘(c) NOT ENGAGED IN TRADE OR COMMERCE.—An
oceanographic research vessel is deemed not to be engaged
in trade or commerce.’’.
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(3) Section 50504(b)(1) of title 46, United States
Code, is amended by striking ‘‘parts B, F, and G of
subtitle II’’ and inserting ‘‘part B, F, or G of subtitle
II, section 30104, or chapter 303’’.
SEC. 5209. 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. 5210. ADDITIONAL TECHNICAL CORRECTIONS.
(a) AMENDMENTS TO TITLE 46.—Title 46, United
States Code, is amended as follows:
(1) The analysis for chapter 21 is amended by
striking the item relating to 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 U.S.C. App. 1279f) and in-
serting section ‘‘1113’’; and
(ii) striking the second section ‘‘1112’’
(relating to 46 U.S.C. App. 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)
through (D)(i), and 16(c)(2) of Public Law 109–304
are repealed.
(2) INTENDED EFFECT.—The provisions repealed
by paragraph (1) shall be treated as if never enacted.
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(d) LARGE PASSENGER VESSEL CREW REQUIRE-
MENTS.—Section 8103(k)(3)(C)(iv) of title 46, United
States Code, is amended by inserting ‘‘and section 252 of
the Immigration and Nationality Act (8 U.S.C. 1282)’’
after ‘‘of such section’’.
Attest:
Secretary.
110TH CONGRESS
1ST SESSION
H. R. 1585
AMENDMENT
October 4, 2007
Ordered to be printed as passed