1484 
the Maritime Security Act of 2003 (46 U.S.C. 
53101 note), and administrative expenses related to 
the implementation of the small shipyards and mari-
time communities assistance program under section 
54101 of title 46, United States Code, $6,000,000. 
SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSO-
LETE COMBATANT VESSELS TO NAVY FOR 
DISPOSAL. 
The Secretary of Transportation shall, subject to the 
availability of appropriations and consistent with section 
1535 of title 31, United States Code, popularly known as 
the Economy Act, transfer to the Secretary of the Navy 
during fiscal year 2008 for disposal by the Navy, no fewer 
than 3 combatant vessels in the nonretention fleet of the 
Maritime Administration that are acceptable to the Sec-
retary of the Navy. 
SEC. 3503. VESSEL DISPOSAL PROGRAM. 
(a) IN GENERAL.—Within 30 days after the date of 
the enactment of this Act, the Secretary of Transportation 
shall convene a working group to review and make rec-
ommendations on best practices for the storage and dis-
posal of obsolete vessels owned or operated by the Federal 
Government. The Secretary shall invite senior representa-
tives from the Maritime Administration, the Coast Guard, 
the Environmental Protection Agency, the National Oce-
1485 
anic and Atmospheric Administration, and the United 
States Navy to participate in the working group. The Sec-
retary may request the participation of senior representa-
tives of any other Federal department or agency, as appro-
priate, and may also request participation from concerned 
State environmental agencies. 
(b) SCOPE.—Among the vessels to be considered by 
the working group are Federally owned or operated vessels 
that are— 
(1) to be scrapped or recycled; 
(2) to be used as artificial reefs; or 
(3) to be used for the Navy’s SINKEX pro-
gram. 
(c) PURPOSE.—The working group shall— 
(1) examine current storage and disposal poli-
cies, procedures, and practices for obsolete vessels 
owned or operated by Federal agencies; 
(2) examine Federal and State laws and regula-
tions governing such policies, procedures, and prac-
tices and any applicable environmental laws; and 
(3) within 90 days after the date of enactment 
of the Act, submit a plan to the Committee on 
Armed Services and the Committee on Commerce, 
Science and Transportation of the Senate and the 
Committee on Armed Services of the House of Rep-
1486 
resentatives to improve and harmonize practices for 
storage and disposal of such vessels, including the 
interim transportation of such vessels. 
(d) CONTENTS OF PLAN.—The working group shall 
include in the plan submitted under subsection (c)(3)— 
(1) a description of existing measures for the 
storage, disposal, and interim transportation of ob-
solete vessels owned or operated by Federal agencies 
in compliance with Federal and State environmental 
laws in a manner that protects the environment; 
(2) a description of Federal and State laws and 
regulations governing the current policies, proce-
dures, and practices for the storage, disposal, and 
interim transportation of such vessels; 
(3) recommendations for environmental best 
practices that meet or exceed, and harmonize, the 
requirements of Federal environmental laws and reg-
ulations applicable to the storage, disposal, and in-
terim transportation of such vessels; 
(4) recommendations for environmental best 
practices that meet or exceed the requirements of 
State laws and regulations applicable to the storage, 
disposal, and interim transportation of such vessels; 
(5) procedures for the identification and reme-
diation of any environmental impacts caused by the
1487 
storage, disposal, and interim transportation of such 
vessels; and 
(6) recommendations for necessary steps, in-
cluding regulations if appropriate, to ensure that 
best environmental practices apply to all such ves-
sels. 
(e) IMPLEMENTATION OF PLAN.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of the Act, the head of each 
Federal department or agency participating in the 
working group, in consultation with the other Fed-
eral departments and agencies participating in the 
working group, shall take such action as may be nec-
essary, including the promulgation of regulations, 
under existing authorities to ensure that the imple-
mentation of the plan provides for compliance with 
all Federal and State laws and for the protection of 
the environment in the storage, interim transpor-
tation, and disposal of obsolete vessels owned or op-
erated by Federal agencies. 
(2) ARMED SERVICES VESSELS.—The Secretary 
and the Secretary of Defense, in consultation with 
the Administrator of the Environmental Protection 
Agency, shall each ensure that environmental best 
practices are observed with respect to the storage,
1488 
disposal, and interim transportation of obsolete ves-
sels owned or operated by the Department of De-
fense. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to supersede, limit, modify, or oth-
erwise affect any other provision of law, including environ-
mental law. 
Subtitle B—Programs 
SEC. 3511. 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 
contracts 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 Secretary is authorized to use this authority as the 
Secretary deems appropriate.’’. 
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 575 of such title is amended by adding 
at the end the following: 
‘‘57533. Vessel chartering authority’’.
1489 
SEC. 3512. 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-
quired with respect to any vessel in the Ready Re-
serve Force or in the National Defense Reserve 
Fleet which is maintained in a retention status for 
the Department of Defense;’’. 
SEC. 3513. 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 
paragraph (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
1490 
Force or in the National Defense Reserve Fleet 
which is maintained in a retention status for the De-
partment of Defense.’’. 
SEC. 3514. DISPOSAL OF OBSOLETE GOVERNMENT VES-
SELS. 
Section 6(c)(1) of the National Maritime Heritage 
Act of 1994 (16 U.S.C. 5405(c)(1)) is amended— 
(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 
Secretary, which shall include provisions requir-
ing the Maritime Administration to— 
‘‘(i) dispose of all deteriorated high 
priority ships that are available for dis-
posal, within 12 months of their designa-
tion 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;’’.
1491 
SEC. 3515. 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
DEPART-
MENTS.—On a reimbursable or nonreimbursable basis, as 
determined by the Secretary of Transportation, the Sec-
retary may charter or otherwise make available a vessel 
under the jurisdiction of the Secretary to any other de-
partment, upon the request by the Secretary of the De-
partment that receives the 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 Department of Defense.’’. 
SEC. 3516. 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. 3517. REVIEW OF APPLICATIONS FOR LOANS AND 
GUARANTEES. 
(a) FINDINGS.—The Congress makes the following 
findings: 
(1) The maritime loan guarantee program was 
established by the Congress through the Merchant
1492 
Marine Act, 1936 to encourage domestic ship-
building by making available federally backed loan 
guarantees for new construction to ship owners and 
operators. 
(2) The maritime loan guarantee program has 
a long and successful history of ship construction 
with a low historical default rate. 
(3) The current process for review of applica-
tions for maritime loans in the Department of 
Transportation has effectively discontinued the pro-
gram as envisioned by the Congress. 
(4) The President has requested no funding for 
the loan guarantee program despite the stated na-
tional policy to foster the development and encour-
age the maintenance of a merchant marine in sec-
tion 50101 of title 46, United States Code. 
(5) United States commercial shipyards were 
placed at a competitive disadvantage in the world 
shipbuilding market by government subsidized for-
eign commercial shipyards. 
(6) The maritime loan guarantee program has 
the potential to modernize shipyards and the ships 
of the United States coastwise trade and restore a 
competitive position in the world shipbuilding mar-
ket for United States shipyards.
1493 
(7) The maritime loan guarantee program is a 
useful tool to encourage domestic shipbuilding, pre-
serving a vital industrial capacity critical to the se-
curity of the United States. 
(b) REQUIREMENTS.— 
(1) IN GENERAL.—Within 180 days after the 
date of enactment of this Act, the Administrator of 
the Maritime Administration shall develop and im-
plement a comprehensive plan for the review of ap-
plications for loan guarantees under chapter 537 of 
title 46, United States Code. 
(2) DEADLINE FOR ACTION ON APPLICATION.— 
(A) TRADITIONAL APPLICATIONS.—In the 
comprehensive plan the Administrator will en-
sure that within the 90-day period following re-
ceipt of all pertinent documentation required 
for review of a traditional loan application, the 
application shall be either accepted or rejected. 
(B) NONTRADITIONAL APPLICATIONS.—In 
the comprehensive plan the Administrator will 
ensure that within the 180-day period following 
receipt of all pertinent documentation required 
for review of a nontraditional loan application, 
the application shall be either accepted or re-
jected.
1494 
(c) SUBMISSION TO CONGRESS.—The Administrator 
shall submit a copy of the comprehensive plan to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Armed Services of the 
House of Representatives within 180 days after the date 
of enactment of this Act. 
(d) DEFINITIONS.—In this section: 
(1) TRADITIONAL
APPLICATION.—The term 
‘‘traditional application’’ means an application for a 
loan, guarantee, or 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 proven success-
ful in previous applications and does not present an 
unreasonable risk to the United States, as deter-
mined by the Administrator of the Maritime Admin-
istration. 
(2) NONTRADITIONAL APPLICATION.—The term 
‘‘nontraditional application’’ means an application 
for a loan, guarantee, or commitment to guarantee 
submitted pursuant to chapter 537 of title 46, 
United States Code, that is not a traditional applica-
tion, as determined by the Administrator of the 
Maritime Administration.
1495 
Subtitle C—Technical Corrections 
SEC. 3521. PERSONAL INJURY TO OR DEATH OF SEAMEN. 
(a) AMENDMENT.—Section 30104 of title 46, United 
States Code, is amended— 
(1) by striking ‘‘(a) CAUSE OF ACTION.—’’; and 
(2) by repealing subsection (b). 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall be effective as if included in the enact-
ment of Public Law 109–304. 
SEC. 3522. 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— 
(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:
1496 
‘‘(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 
‘‘(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
1497 
after receipt of a request from the Administrator for 
such a determination.’’. 
(3) Section 53707 is amended— 
(A) by inserting ‘‘or Administrator’’ in 
subsections (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 sub-
section (c); and 
(D) in 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— 
(A) by striking ‘‘SECRETARY OF TRANS-
PORTATION’’ in the heading of subsection (a) 
and inserting ‘‘ADMINISTRATOR’’; 
(B) by striking ‘‘Secretary’’ and ‘‘Sec-
retary of Transportation’’ each place they ap-
pear in subsection (a) and inserting ‘‘Adminis-
trator’’;
1498 
(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 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 
(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’’.
1499 
(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 each amended— 
(A) by striking ‘‘OF COMMERCE’’ in the 
subsection heading; and 
(B) by striking ‘‘of Commerce’’ each place 
it appears. 
(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).
1500 
(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 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 subsection (b) as amended by
1501 
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.—Sec-
tion 3507 (except subsection (c)(4)) of the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law 
109–163) is repealed. 
SEC. 3523. ADDITIONAL AMENDMENTS BASED ON PUBLIC 
LAW 109–163. 
(a) AMENDMENTS.—Title 46, United States Code, is 
amended as follows: 
(1) Chapters 513 and 515 are amended by 
striking ‘‘Naval Reserve’’ each place it appears in 
analyses, headings, and text and inserting ‘‘Navy 
Reserve’’. 
(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
1502 
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 
striking ‘‘$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 
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—
1503 
‘‘(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 Au-
thorization 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 ap-
pear at the end of chapter 541 of title 46, as in-
serted by subparagraph (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 
section, as transferred by subparagraph (B), is
1504 
amended by striking ‘‘(15 U.S.C. 632);’’ and insert-
ing ‘‘(15 U.S.C. 632));’’. 
(E) The table of chapters at the beginning of 
subtitle V is amended by inserting after the item re-
lating 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 
Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109–163) are repealed. 
SEC. 3524. 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 
exceed a total of 22.5 cents per ton per year, for fis-
cal years 2006 through 2010, and 2 cents per ton, 
not to 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 fis-
cal years 2006 through 2010, and 6 cents per ton,
1505 
not 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. 3525. 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
1506 
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— 
(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.’’. 
(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-
1507 
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. 3526. 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).—
1508 
(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 Public Health Service shall be excused from 
the requirements of paragraphs (3) through (5) of 
subsection (a). 
‘‘(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 paragraph (1), 
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).—
1509 
(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 paragraph (1) shall identify any
1510 
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 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 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 
(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
1511 
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. 3527. MISCELLANEOUS AMENDMENTS. 
(a) DELETION OF OBSOLETE REFERENCE TO CAN-
TON 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: 
(1) The heading of section 55110 is amended 
by inserting ‘‘valueless material or’’ before 
‘‘dredged material’’.
1512 
(2) The item for section 55110 in the analysis 
for chapter 551 is amended by inserting ‘‘valueless 
material or’’ before ‘‘dredged material’’. 
SEC. 3528. 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. 3529. 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:
1513 
(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.
1514 
(2) INTENDED
EFFECT.—The provisions re-
pealed by paragraph (1) shall be treated as if never 
enacted. 
(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’’. 
Passed the House of Representatives January 16, 
2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 4986 
AN ACT 
To provide for the enactment of the National De-
fense Authorization Act for Fiscal Year 2008, as 
previously enrolled, with certain modifications to 
address the foreign sovereign immunities provi-
sions of title 28, United States Code, with re-
spect to the attachment of property in certain 
judgments against Iraq, the lapse of statutory 
authorities for the payment of bonuses, special 
pays, and similar benefits for members of the 
uniformed services, and for other purposes.