S.Amdt. 5476

1. Inserts new text wherever appropriate

   Inserts

   Inserted: DIVISION --MARITIME ADMINISTRATION

   Inserted: SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

   Inserted: (a) Short Title.--This division may be cited as the "Maritime Administration Act for Fiscal Year 2009".

   Inserted: (b) Table of Contents.--The table of contents for this division is as follows:

   Inserted: Sec. 1. Short title; table of contents.

   Inserted: Sec. 2. Adjunct professors at the Merchant Marine Academy.

   Inserted: Sec. 3. Actions to address sexual harassment and violence at the Academy.

   Inserted: Sec. 4. Gifts to the Academy.

   Inserted: Sec. 5. Temporary appointments to the Academy.

   Inserted: Sec. 6. Riding gang member requirements.

   Inserted: Sec. 7. Assistance for small shipyards and maritime communities.

   Inserted: Sec. 8. Student incentive payment program.

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   Inserted: Sec. 9. Marine war risk insurance.

   Inserted: Sec. 10. MARAD consultation on Jones Act waivers.

   Inserted: Sec. 11. Vessel traffic risk assessments.

   Inserted: Sec. 12. Small vessel exception from definition of fish processing vessel.

   Inserted: Sec. 13. Transportation in American vessels of government personnel and certain cargoes.

   Inserted: Sec. 14. Exclusion of certain employee benefits for individuals in the recreational marine industry.

   Inserted: Sec. 15. Authorization of appropriations for fiscal year 2009.

   Inserted: Sec. 16. Enforcement of maritime cabotage laws.

   Inserted: SEC. 2. ADJUNCT PROFESSORS AT THE MERCHANT MARINE ACADEMY.

   Inserted: (a) In General.--If the Secretary of Transportation determines that there is a temporary need for adjunct professors at the United States Merchant Marine Academy, the Secretary may execute personal service contracts with adjunct professors to meet that need.

   Inserted: (b) Limitations.--

   Inserted: (1) Number.--The Secretary may not execute such contracts with more than 25 individuals under subsection (a) to provide service as adjunct professors during any trimester of academic year 2008-2009.

   Inserted: (2) Contract term.--The Secretary may not execute a personal service contract under subsection (a) for a term that expires later than the end of academic year 2008-2009.

   Inserted: (c) Sunset.--The authority of the Secretary to execute a personal service contract under subsection (a) shall terminate at the end of academic year 2008-2009.

   Inserted: (d) Pre-existing Contracts.--An employment contract executed by the Secretary before the date of enactment of this Act for service by an individual as an adjunct professor at the Academy shall be taken into account for purposes of subsection (b)(1) and shall remain in effect until the earlier of--

   Inserted: "(1) the end of the period of time for which the services were contracted; or

   Inserted: "(2) the end of academic year 2008-2009.

   Inserted: (e) Report.--If the Secretary executes one or more personal service contracts under subsection (a), the Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Armed Services, and the Committees on Appropriations of both Houses specifying the specific need for each such contract and the duties that will be performed by each such adjunct professor brought under contract. The report shall be submitted solely by the Secretary and not by any designee on the Secretary's behalf.

   Inserted: SEC. 3. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE AT THE ACADEMY.

   Inserted: (a) Required Policy.--The Secretary of Transportation shall direct the Superintendent of the United States Merchant Marine Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.

   Inserted: (b) Matters To Be Specified in Policy.--The policy on sexual harassment and sexual violence prescribed under this section shall include--

   Inserted: (1) a program to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel;

   Inserted: (2) procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual violence, including--

   Inserted: (A) a specification of the person or persons to whom an alleged occurrence of sexual harassment or sexual violence should be reported by a cadet and the options for confidential reporting;

   Inserted: (B) a specification of any other person whom the victim should contact; and

   Inserted: (C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault;

   Inserted: (3) a procedure for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel;

   Inserted: (4) any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible; and

   Inserted: (5) required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel.

   Inserted: (c) Annual Assessment.--

   Inserted: (1) The Secretary shall direct the Superintendent to conduct an assessment at the Academy during each Academy program year, to be administered by the Department of Transportation, to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual violence involving Academy personnel.

   Inserted: (2) For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey, to be administered by the Department, of Academy personnel--

   Inserted: (A) to measure--

   Inserted: (i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and

   Inserted: (ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and

   Inserted: (B) to assess the perceptions of Academy personnel of--

   Inserted: (i) the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;

   Inserted: (ii) the enforcement of such policies;

   Inserted: (iii) the incidence of sexual harassment and sexual violence involving Academy personnel; and

   Inserted: (iv) any other issues relating to sexual harassment and sexual violence involving Academy personnel.

   Inserted: (d) Annual Report.--

   Inserted: (1) The Secretary shall direct the Superintendent of the Academy to submit to the Secretary a report on sexual harassment and sexual violence involving cadets or other personnel at the Academy for each Academy program year.

   Inserted: (2) Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following:

   Inserted: (A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during the program year and, of those reported cases, the number that have been substantiated.

   Inserted: (B) The policies, procedures, and processes implemented by the Superintendent and the leadership of the Academy in response to sexual harassment and sexual violence involving cadets or other Academy personnel during the program year.

   Inserted: (C) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving cadets or other Academy personnel.

   Inserted: (3) Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year under subsection (c)(2).

   Inserted: (4)(A) The Superintendent shall transmit to the Secretary, and to the Board of Visitors of the Academy, each report received by the Superintendent under this subsection, together with the Superintendent's comments on the report.

   Inserted: (B) The Secretary shall transmit each such report, together with the Secretary's comments on the report, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.

   Inserted: SEC. 4. GIFTS TO THE ACADEMY.

   Inserted: (a) In General.--Chapter 513 of title 46, United States Code, is amended by adding at the end thereof the following:

   Inserted: " 51315. Gifts to the Merchant Marine Academy

   Inserted: "(a) In General.--The Maritime Administrator may accept and use conditional or unconditional gifts of money or property for the benefit of the United States Merchant Marine Academy, including acceptance and use for non-appropriated fund instrumentalities of the Merchant Marine Academy. The Maritime Administrator may accept a gift of services in carrying out the Administrator's duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, in accordance with the terms of the gift.

   Inserted: "(b) Establishment of Academy Gift Fund.--There is established in the Treasury a fund, to be known as the 'Academy Gift Fund'. Disbursements from the Fund shall be made on order of the Maritime Administrator. Unless otherwise specified by the terms of the gift, the Maritime Administrator may use monies in the Fund for appropriated or non-appropriated purposes at the Academy. The Fund consists of--

   Inserted: "(1) gifts of money;

   Inserted: "(2) income from donated property accepted under this section;

   Inserted: "(3) proceeds from the sale of donated property; and

   Inserted: "(4) income from securities under subsection (c) of this section;

   Inserted: "(c) Investment of Fund Balances.--On request of the Maritime Administrator, the Secretary of the Treasury may invest and reinvest amounts in the Fund in securities of, or in securities the principal and interest of which is guaranteed by, the United States Government.

   Inserted: "(d) Disbursement Authority.--There are hereby appropriated from the Fund such sums as may be on deposit, to remain available until expended.".

   Inserted: "(e) Deductability of Gifts.--Gifts accepted under this section are a gift to or for the use of the Government under the Internal Revenue Code of 1986.".

   Inserted: (b) Conforming Amendment.--The chapter analysis for chapter 513 of title 46, United States Code, is amended by inserting after the item relating to section 51314 the following:

   Inserted: "51315. Gifts to the Merchant Marine Academy".

   Inserted: SEC. 5 TEMPORARY APPOINTMENTS TO THE ACADEMY.

   Inserted: (a) In General.--Chapter 513 of title 46, United States Code, as amended by section 5 of this division, is further amended by adding at the end thereof the following:

   Inserted: " 51316. Temporary appointments to the Academy Notwithstanding any other provision of law, the Maritime Administrator may appoint any present employee of the United States Merchant Marine Academy non-appropriated fund instrumentality to a position on the General Schedule of comparable pay. Eligible personnel shall be engaged in work permissibly funded by annual appropriations, and such appointments to the Civil Service shall be without regard to competition, for a term not to exceed 2 years.".

   Inserted: (b) Conforming Amendment.--The chapter analysis for chapter 513 of title 46, United States Code, as amended by section 15 of this division, is amended by inserting after the item relating to section 51317 the following:

   Inserted: "51316. Temporary appointments to the Academy".

   Inserted: SEC. 6. RIDING GANG MEMBER REQUIREMENTS.

   Inserted: Section 1018 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2381) is amended--

   Inserted: (1) by striking "requirements" and all that follows in subsection (a)(1) and inserting "requirements as provided in section 8106 of title 46, United States Code.";

   Inserted: (2) by striking paragraphs (2) and (3) of subsection (a) and redesignating paragraph (4) as paragraph (2);

   Inserted: (3) by striking "8106" in paragraph (2), as redesignated, of subsection (a) and inserting "2101"; and

   Inserted: (4) by striking subsection (b)(1) and inserting the following:

   Inserted: "(1) In general.--Pursuant to regulations issued by the Secretary of Defense, an individual--

   Inserted: "(A) who is aboard a vessel, which is under charter or contract for the carriage of cargo for the Department of Defense, for purposes other than engaging in the operation or maintenance of the vessel, and

   Inserted: "(B) who--

   Inserted: "(i) accompanies, supervises, guards, or maintains unit equipment aboard a ship, commonly referred to as supercargo personnel,

   Inserted: "(ii) is one of the force protection personnel of the vessel,

   Inserted: "(iii) is a specialized repair technician, or

   Inserted: "(iv) is otherwise required by the Secretary of Defense to be aboard the vessel, shall not be deemed a riding gang member for purposes of title 46, United States Code.".

   Inserted: SEC. 7. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME COMMUNITIES.

   Inserted: (a) In General.--Title 46, United States Code, is amended by inserting the following new chapter after chapter 539:

   Inserted: "CHAPTER 541--MISCELLANEOUS

   Inserted: "Sec.

   Inserted: "54101. Assistance for small shipyards and maritime communities " 54101. Assistance for small shipyards and maritime communities

   Inserted: "(a) Establishment of Program.--Subject to the availability of appropriations, the Administrator of the Maritime Administration shall execute agreements with shipyards to provide assistance--

   Inserted: "(1) in the form of grants, loans, and loan guarantees to small shipyards for capital improvements; and

   Inserted: "(2) for maritime training programs to foster technical skills and operational productivity in communities whose economies are related to or dependent upon the maritime industry.

   Inserted: "(b) Awards.--In providing assistance under the program, the Administrator shall--

   Inserted: "(1) take into account--

   Inserted: "(A) the economic circumstances and conditions of maritime communities;

   Inserted: "(B) projects that would be effective in fostering efficiency, competitive operations, and quality ship construction, repair, and reconfiguration; and

   Inserted: "(C) projects that would be effective in fostering employee skills and enhancing productivity; and

   Inserted: "(2) make grants within 120 days after the date of enactment of the appropriations Act for the fiscal year concerned.

   Inserted: "(c) Use of Funds.--

   Inserted: "(1) In general.--Assistance provided under this section may be used--

   Inserted: "(A) to make capital and related improvements in small shipyards located in or near maritime communities;

   Inserted: "(B) to provide training for workers in communities whose economies are related to the maritime industry; and

   Inserted: "(C) for such other purposes as the Administrator determines to be consistent with and supplemental to such activities.

   Inserted: "(2) Administrative costs.--Not more than 2 percent of amounts made available to carry out the program may be used for the necessary costs of grant administration.

   Inserted: "(d) Prohibited Uses.--Grants awarded under this section may not be used to construct buildings or other physical facilities or to acquire land unless such use is specifically approved by the Administrator in support of subsection (c)(1)(C).

   Inserted: "(e) Matching Requirements; Allocation.--

   Inserted: "(1) Federal funding.--Except as provided in paragraph (2), Federal funds for any eligible project under this section shall not exceed 75 percent of the total cost of such project.

   Inserted: "(2) Exception.--If the Administrator determines that a proposed project merits support and cannot be undertaken without a higher percentage of Federal financial assistance, the Administrator may award a grant for such project with a lesser matching requirement than is described in paragraph (1).

   Inserted: "(3) Allocation of funds.--The Administrator may not award more than 25 percent of the funds appropriated to carry out this section for any fiscal year to any small shipyard in one geographic location that has more than 600 employees.

   Inserted: "(f) Applications.--

   Inserted: "(1) In general.--To be eligible for assistance under this section, an applicant shall submit an application, in such form, and containing such information and assurances as the Administrator may require, within 60 days after the date of enactment of the appropriations Act for the fiscal year concerned.

   Inserted: "(2) Minimum standards for payment or reimbursement.--Each application submitted under paragraph (1) shall include--

   Inserted: "(A) a comprehensive description of--

   Inserted: "(i) the need for the project;

   Inserted: "(ii) the methodology for implementing the project; and

   Inserted: "(iii) any existing programs or arrangements that can be used to supplement or leverage assistance under the program.

   Inserted: "(3) Procedural safeguards.--The Administrator, in consultation with the Office of the Inspector General, shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that--

   Inserted: "(A) grant funds are used for the purposes for which they were made available;

   Inserted: "(B) grantees have properly accounted for all expenditures of grant funds; and

   Inserted: "(C) grant funds not used for such purposes and amounts not obligated or expended are returned.

   Inserted: "(4) Project approval required.--The Administrator may not award a grant under this section unless the Administrator determines that--

   Inserted: "(A) sufficient funding is available to meet the matching requirements of subsection (e);

   Inserted: "(B) the project will be completed without unreasonable delay; and

   Inserted: "(C) the recipient has authority to carry out the proposed project.

   Inserted: "(g) Audits and Examinations.--All grantees under this section shall maintain such records as the Administrator may require and make such records available for review and audit by the Administrator.

   Inserted: "(h) Small Shipyard Defined.--In this section, the term 'small shipyard' means a shipyard facility in one geographic location that does not have more than 1,200 employees.

   Inserted: "(i) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator of the Maritime Administration for each of fiscal years 2006 through 2010 to carry out this section--

   Inserted: "(1) $5,000,000 for training grants; and

   Inserted: "(2) $25,000,000 for capital and related improvements.".

   Inserted: (b) Conforming Amendment.--Section 3506 of the National Defense Authorization Act for Fiscal Year 2006 (46 U.S.C. 53101 note) is repealed.

   Inserted: SEC. 8. STUDENT INCENTIVE PAYMENT PROGRAM.

   Inserted: Section 51509 of title 46, United States Code, is amended--

   Inserted: (1) by striking "to the individual." in subsection (a) and inserting "to the individual or the academy, as determined by the Secretary.";

   Inserted: (1) by striking "$4,000" and inserting "$8,000";

   Inserted: (2) by striking "as prescribed by the Secretary, while the individual is attending the academy." in subsection (b) and inserting "subject to such conditions as may be prescribed by the Secretary.";

   Inserted: (3) by inserting "tuition," in subsection (b) after "uniforms,"; and

   Inserted: (4) by striking subsection (c) and inserting the following:

   Inserted: "(c) Midshipman and enlisted reserve status.--Each agreement entered into under this section shall require the individual to accept midshipman and enlisted reserve status in the United States Navy Reserve (including the Merchant Marine Reserve) or the United States Coast Guard Reserve before any payments are made under the agreement.".

   Inserted: SEC. 9. MARINE WAR RISK INSURANCE.

   Inserted: Section 53912 of title 46, United States Code, is amended by striking "December 31, 2010." and inserting "December 31, 2015.".

   Inserted: SEC. 10. MARAD CONSULTATION ON JONES ACT WAIVERS.

   Inserted: Section 501(b) of title 46, United States Code, is amended to read as follows:

   Inserted: "(b) By Head of Agency.--When the head of an agency responsible for the administration of the navigation or vessel-inspection laws considers it necessary in the interest of national defense, the individual, following a determination by the Maritime Administrator, acting in the Administrator's capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity to meet national defense requirements, may waive compliance with those laws to the extent, in the manner, and on the terms the individual, in consultation with the Administrator, acting in that capacity, prescribes.".

   Inserted: SEC. 11. VESSEL TRAFFIC RISK ASSESSMENTS.

   Inserted: (a) Requirement.--The Commandant of the Coast guard, acting through the appropriate Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act, shall prepare a vessel traffic risk assessment--

   Inserted: (1) for Cook Inlet, Alaska, within 1 year after the date of enactment of this Act; and

   Inserted: (2) for the Aleutian Islands, Alaska, within 2 years after the date of enactment of this Act.

   Inserted: (b) Contents.--Each of the assessments shall describe, for the region covered by the assessment--

   Inserted: (1) the amount and character of present and estimated future shipping traffic in the region; and

   Inserted: (2) the current and projected use and effectiveness in reducing risk, of--

   Inserted: (A) traffic separation schemes and routing measures;

   Inserted: (B) long-range vessel tracking systems developed under section 70115 of title 46, United States Code;

   Inserted: (C) towing, response, or escort tugs;

   Inserted: (D) vessel traffic services;

   Inserted: (E) emergency towing packages on vessels;

   Inserted: (F) increased spill response equipment including equipment appropriate for severe weather and sea conditions;

   Inserted: (G) the Automatic Identification System developed under section 70114 of title 46, United States Code;

   Inserted: (H) particularly sensitive sea areas, areas to be avoided, and other traffic exclusion zones;

   Inserted: (I) aids to navigation; and

   Inserted: (J) vessel response plans.

   Inserted: (c) Recommendations.--

   Inserted: (1) In general.--Each of the assessments shall include any appropriate recommendations to enhance the safety and security, or lessen potential adverse environmental impacts, of marine shipping.

   Inserted: (2) Consultation.--Before making any recommendations under paragraph (1) for a region, the Area Committee shall consult with affected local, State, and Federal government agencies, representatives of the fishing industry, Alaska Natives from the region, the conservation community, and the merchant shipping and oil transportation industries.

   Inserted: (d) Provision to Congress.--The Commandant shall provide a copy of each assessment to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.

   Inserted: (e) Authorization of Appropriations.--There are authorized to be appropriated to the Commandant $1,800,000 for each of fiscal years 2008 and 2009 to conduct the assessments.

   Inserted: SEC. 12. SMALL VESSEL EXCEPTION FROM DEFINITION OF FISH PROCESSING VESSEL.

   Inserted: Section 2101(11b) of title 46, United States Code, is amended by striking "chilling." and inserting "chilling, but does not include a fishing vessel operating in Alaskan waters under a permit or license issued by Alaska that--

   Inserted: (A) fillets only salmon taken by that vessel;

   Inserted: (B) fillets less than 5 metric tons of such salmon during any 7-day period.".

   Inserted: SEC. 13. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT PERSONNEL AND CERTAIN CARGOES.

   Inserted: (a) In General.--Section 55305(b) of title 46, United States Code, is amended--

   Inserted: (1) by striking "country" and inserting "country, organization, or persons";

   Inserted: (2) by inserting "or obtaining" after "furnishing"; and

   Inserted: (3) by striking "commodities" the first place it appears and inserting "commodities, or provides financing in any way with Federal funds for the account of any persons unless otherwise exempted,".

   Inserted: (b) Other Agencies.--Section 55305(d) of title 46, United States Code, is amended to read as follows:

   Inserted: "(d) Programs of Other Agencies.--

   Inserted: "(1) Each department or agency that has responsibility for a program under this section shall administer that program with respect to this section under regulations and guidance issued by the Secretary of Transportation. The Secretary, after consulting with the department or agency or organization or person involved, shall have the sole responsibility for determining if a program is subject to the requirements of this section.

   Inserted: "(2) The Secretary--

   Inserted: "(A) shall conduct an annual review of the administration of programs determined pursuant to paragraph (1) as subject to the requirements of this section;

   Inserted: "(B) may direct agencies to require the transportation on United States-flagged vessels of cargo shipments not otherwise subject to this section in equivalent amounts to cargo determined to have been shipped on foreign carriers in violation of this section;

   Inserted: "(C) may impose on any person that violates this section, or a regulation prescribed under this section, a civil penalty of not more than $25,000 for each violation willfully and knowingly committed, with each day of a continuing violation following the date of shipment to be a separate violation; and

   Inserted: "(D) may take other measures as appropriate under the Federal Acquisition Regulations issued pursuant to section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1) or contract with respect to each violation.".

   Inserted: (c) Regulations.--The Secretary of Transportation shall prescribe such rules as are necessary to carry out section 55305(d) of title 46, United States Code. The Secretary may prescribe interim rules necessary to carry out section 55305(d) of such title. An interim rule prescribed under this subsection shall remain in effect until superseded by a final rule.

   Inserted: (d) Change of Year.--Section 55314(a) of title 46, United States Code, is amended by striking "calendar" each place it appears and inserting "fiscal".

   Inserted: SEC. 14. EXCLUSION OF CERTAIN EMPLOYEE BENEFITS FOR INDIVIDUALS IN THE RECREATIONAL MARINE INDUSTRY.

   Inserted: Subparagraph (F) of section 2(3) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902(3)) is amended to read as follows:

   Inserted: "(F) individuals who--

   Inserted: "(i) are employed to manufacture any recreational vessel under 165 feet in length; or

   Inserted: "(ii) are employed to repair any recreational vessel or to dismantle any part of any recreational vessel in connection with repair of the vessel;".

   Inserted: SEC. 15. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.

   Inserted: (a) In General.--There are authorized to be appropriated to the Secretary of Transportation, for the use of the Maritime Administration, for fiscal year 2009 the following amounts:

   Inserted: (1) For expenses necessary for operations and training activities, $140,112,000, of which--

   Inserted: (A) $79,858,000 shall remain available until expended for expenses at the United States Merchant Marine Academy, of which $26,640,000 shall be available for the capital improvement program; and

   Inserted: (B) $8,306,000 which shall remain available until expended for maintenance and repair of school ships at the State Maritime Academies.

   Inserted: (2) For expenses to maintain and preserve a United States-flag merchant fleet to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $174,000,000.

   Inserted: (3) For paying reimbursement under section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 note), $19,500,000.

   Inserted: (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.

   Inserted: (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, $30,000,000.

   Inserted: (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, $6,000,000.

   Inserted: (b) Availability.--Amounts appropriated pursuant to subsection (a) shall remain available, as provided in appropriations Acts, until expended.

   Inserted: SEC. 16. ENFORCEMENT OF MARITIME CABOTAGE LAWS.

   Inserted: It is the sense of the Senate that, in order to fulfill the objectives and policies of section 50101 of title 46, United States Code, and encourage the development and maintenance of a merchant marine necessary for the national defense and the domestic commerce of the United States, the Department of Homeland Security, in cooperation with the Department of Transportation, should take measures necessary to enforce the letter and intent of the coastwise laws in chapter 551 of title 46, United States Code, and to support the cruise ship operations authorized by section 211 of title II of division B of Public Law 108 7.

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