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Reported to Senate (10/19/2007)

 
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 1778 Reported in Senate (RS)]

                                                       Calendar No. 432
110th CONGRESS
  1st Session
                                S. 1778

                          [Report No. 110-200]

To authorize certain activities of the Maritime Administration, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2007

 Mr. Lautenberg (for himself, Mr. Smith, and Mr. Lott) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                            October 19, 2007

                Reported by Mr. Inouye, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To authorize certain activities of the Maritime Administration, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Maritime 
Administration Authorities Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--MARITIME ADMINISTRATION

Sec. 101. Authorization of appropriations for fiscal year 2008.
Sec. 102. Commercial vessel chartering authority.
Sec. 103. Maritime Administration vessel chartering authority.
Sec. 104. Chartering to state and local governmental instrumentalities.
Sec. 105. Disposal of obsolete government vessels.
Sec. 106. Vessel transfer authority.
Sec. 107. Sea trials for ready reserve force.
Sec. 108. Review of applications for loans and guarantees.
                    TITLE II--TECHNICAL CORRECTIONS

Sec. 201. Statutory construction.
Sec. 202. Personal injury to or death of seamen.
Sec. 203. Amendments to chapter 537 based on Public Law 109-163.
Sec. 204. Additional amendments based on Public Law 109-163.
Sec. 205. Amendments based on Public Law 109-171.
Sec. 206. Amendments based on Public Law 109-241.
Sec. 207. Amendments based on Public Law 109-364.
Sec. 208. Miscellaneous amendments.
Sec. 209. Application of sunset provision to codified provision.
Sec. 210. Additional Technical corrections.

                    TITLE I--MARITIME ADMINISTRATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2008.

    Funds are hereby authorized to be appropriated for fiscal year 
2008, to be available without fiscal year limitation if so provided in 
appropriations Acts, for the use of the Department of Transportation 
for the Maritime Administration as follows:
            (1) For expenses necessary for operations and training 
        activities, $122,890,545.
            (2) For paying reimbursement under section 3517 of the 
        Maritime Security Act of 2003 (46 U.S.C. 53101 note), 
        $19,500,000.
            (3) For assistance to small shipyards and maritime 
        communities under section 54101 of title 46, United States 
        Code, $20,000,000.
            (4) For expenses to dispose of obsolete vessels in the 
        National Defense Reserve Fleet, including provision of 
        assistance under section 7 of Public Law 92-402, $18,000,000.
            (5) For the cost (as defined in section 502(5) of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan 
        guarantees under the program authorized by chapter 537 of title 
        46, United States Code, $20,000,000.
            (6) For administrative expenses related to the 
        implementation of the loan guarantee program under chapter 537 
        of title 46, United States Code, administrative expenses 
        related to implementation of the reimbursement program under 
        section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 
        53101 note), and administrative expenses related to the 
        implementation of the small shipyards and maritime communities 
        assistance program under section 54101 of title 46, United 
        States Code, $3,408,000.

SEC. 102. 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:
``Sec. 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 analysis for chapter 575 of 
such title is amended by adding at the end the following:

``57533. Vessel chartering authority.''.

SEC. 103. MARITIME ADMINISTRATION VESSEL CHARTERING 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 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. 104. CHARTERING TO STATE AND LOCAL GOVERNMENTAL 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 Force or in the National Defense 
        Reserve Fleet which is maintained in a retention status for the 
        Department of Defense.''.

SEC. 105. 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--
            (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 requiring the Maritime 
                Administration to--
                            ``(i) dispose of all deteriorated high 
                        priority ships that are available for disposal, 
                        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 
                        <DELETED>maintain. </DELETED>maintain;''.

SEC. 106. 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 
<DELETED>non- reimbursable </DELETED>nonreimbursable basis, as 
determined by the Secretary of Transportation, the Secretary may 
charter or otherwise make available a vessel under the jurisdiction of 
the Secretary to any other department, upon the request by the 
Secretary of the department 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. 107. 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. 108. REVIEW OF APPLICATIONS FOR LOANS AND GUARANTEES.

    (a) Plan.--Within 180 days after the date of enactment of this Act, 
the Administrator of the Maritime Administration shall develop a 
comprehensive plan for the review of traditional applications and non-
traditional applications.
    (b) Inclusions.--The comprehensive plan shall include a description 
of the application review process that shall not exceed 90 days for 
review of traditional applications.
    (c) Report to Congress.--The Administrator shall submit a report 
describing the comprehensive plan to the Senate Committee on Commerce, 
Science, and Transportation 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 ``traditional 
        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 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 unreasonable risk 
        to the United States, as determined by the Administrator.

                    TITLE II--TECHNICAL CORRECTIONS

SEC. 201. STATUTORY CONSTRUCTION.

    The amendments made by this title make no substantive change in 
existing law and may not be construed as making a substantive change in 
existing law.

SEC. 202. 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 action 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 plaintiff'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 subsection (a) shall be 
effective as if included in the enactment of Public Law 109-304.

SEC. 203. 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) through (13) as 
                paragraphs (3) through (14), respectively;
                    (B) inserting after paragraph (1) the following:
            ``(2) Administrator.--The term `Administrator' means the 
        Administrator of the Maritime Administration.''; and
                    (C) striking paragraph (13) (as redesignated) and 
                inserting the following:
            ``(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 follows:
    ``(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 emergency; 
                        and
                            ``(ii) meets a shortfall in sealift 
                        capacity 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 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 Transportation'' in 
                subsection (b) and inserting ``Administrator'';
                    (C) by striking ``of Commerce'' in subsection (c); 
                and
                    (D) in subsection (d)(2), by--
                            (i) inserting ``if the Secretary or 
                        Administrator considers necessary,'' before 
                        ``the waiver''; and
                            (ii) striking ``the increased'' and 
                        inserting ``any significant increase in''.
            (4) Section 53708 is amended--
                    (A) by striking ``Secretary of Transportation'' in 
                the heading of subsection (a) and inserting 
                ``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 subsections (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 Secretary. 
                        Any independent analysis conducted under this 
                        subsection shall be performed by a party chosen 
                        by the Secretary.'' and inserting ``or 
                        financial structures. A third party independent 
                        analysis conducted under this subsection shall 
                        be performed by a private sector expert in 
                        assessing 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 
                        Secretary'' and inserting ``or financial 
                        structures''.
            (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 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 
        indicating 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--
                    (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 inserting ``of 
        Defense'' after ``Secretary'' the second place it appears.
            (9) The following provisions are amended by striking 
        ``Secretary'' and ``Secretary of Transportation'' 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, except 
                where ``Secretary'' is followed by ``of Energy''.
                    (E) Section 53732 (as amended by paragraph (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 
                redesignated 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 
                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 Authorization Act for Fiscal 
Year 2006 (Public Law 109-163) is repealed.

SEC. 204. 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 follows:
    ``(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 paragraph (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 follows:
``Sec. 51907. Provision of decorations, medals, and replacements
    ``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 Authorization 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 the end of chapter 541 of title 46, as 
        inserted by subparagraph (A).
            (C) The heading of such section, as transferred by 
        subparagraph (B), is amended to read as follows:
``Sec. 54101. Assistance for small shipyards and maritime 
              communities''.
            (D) Paragraph (1) of subsection (h) of such section, as 
        transferred by subparagraph (B), is amended by striking ``(15 
        U.S.C. 632);'' and inserting ``(15 U.S.C. 632));''.
            <DELETED>(D) </DELETED>(E) The table of chapters at the 
        beginning of subtitle V is amended by inserting after the item 
        relating to chapter 539 the following new item:

``541. Miscellaneous.......................................    54101''.
    (b) Repeal of Superseded Amendments.--Sections 515(g)(2), 3502, 
3509, and 3510 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163) are repealed.

SEC. 205. 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 subsection (a) and 
        inserting ``4.5 cents per ton, not to exceed a total of 22.5 
        cents per ton per year, for fiscal 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 subsection (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. 206. 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 endorsement 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 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 mortgagees''.
            (3) Section 51307 is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking ``organizations.'' in paragraph (3) 
                and inserting ``organizations; and''; and
                    (C) by adding at the end the following:
            ``(4) on any other vessel considered by the Secretary to be 
        necessary or appropriate or in the national 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 Secretary 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 Secretary of State or the Secretary's designee.''.
    (b) Repeal of Superseded Amendments.--Sections 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. 207. AMENDMENTS BASED ON PUBLIC LAW 109-364.

    (a) Updating of Cross References.--Section 1017(b)(2) of the John 
Warner National Defense Authorization 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), 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 graduation 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 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), 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).--
            (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 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 operating, 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 Academy upon request 
                of the Secretary; and
                    ``(B) may, in their discretion, notify the 
                Secretary of any failure of the graduate to perform 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 
                Atmospheric Administration or the Public Health 
                Service, respectively.
            ``(2) Information to be provided.--A report or notice under 
        <DELETED>subparagraph (A) </DELETED>paragraph (1) shall 
        identify 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 receipt 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 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 subsection 
        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 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 inserting ``section 50501 of this 
title''.
    (g) Repeal of Superseded Amendments.--Sections 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. 208. 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 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''.
            (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 Sailing 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 research vessel'' and 
        all that follows and inserting the following:
    ``(a) Definitions.--In this section, the terms `oceanographic 
research vessel' and `scientific personnel' have the meaning given 
those terms in section 2101 of this title.
    ``(b) Not Seamen.--Scientific personnel on an oceanographic 
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.''.
            (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. 209. APPLICATION OF SUNSET PROVISION TO CODIFIED 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. 210. 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:
                    (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 repealed 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 
                        inserting section ``1113''; and
                            (ii) striking the second section ``1112'' 
                        (relating to 46 U.S.C. App. 1279g) and 
                        inserting 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.
    (d) Large Passenger Vessel Crew Requirements.--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''.
                                                       Calendar No. 432

110th CONGRESS

  1st Session

                                S. 1778

                          [Report No. 110-200]

_______________________________________________________________________

                                 A BILL

To authorize certain activities of the Maritime Administration, and for 
                            other purposes.

_______________________________________________________________________

                            October 19, 2007

                        Reported with amendments

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