[Senate Report 110-457]
[From the U.S. Government Publishing Office]



110th Congress 
 2d Session                      SENATE                          Report
                                                                110-457
_______________________________________________________________________

                                     

                                                       Calendar No. 955


     MARITIME ADMINISTRATION AUTHORIZATION ACT FOR FISCAL YEAR 2009


                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2997




               September 11, 2008.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             second session

                   DANIEL K. INOUYE, Hawaii, Chairman
JOHN D. ROCKEFELLER IV, West         KAY BAILEY HUTCHISON, Texas
    Virginia                         TED STEVENS, Alaska
JOHN F. KERRY, Massachusetts         JOHN McCAIN, Arizona
BYRON L. DORGAN, North Dakota        OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            GORDON H. SMITH, Oregon
BILL NELSON, Florida                 JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington           JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey      JIM DeMINT, South Carolina
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
THOMAS CARPER, Delaware              JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri           ROGER F. WICKER, Mississippi
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
             Mimi Braniff, Republican Deputy Chief Counsel


                                                       Calendar No. 955
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-457

======================================================================



 
     MARITIME ADMINISTRATION AUTHORIZATION ACT FOR FISCAL YEAR 2009

                                _______
                                

               September 11, 2008.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2997]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2997) to reauthorize the 
Maritime Administration and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  This legislation is the annual authorization act for the 
Maritime Administration (MARAD) within the Department of 
Transportation (DOT). The bill would authorize funds for fiscal 
year 2009 and amend laws governing the activities of the MARAD. 
The bill would improve the Student Incentive Program (SIP), 
streamline the application process for the Small Shipyard 
Assistance (SSA) Program, and strengthen the enforcement of 
cargo preference laws.

                          Background and Needs

  The MARAD was authorized through fiscal year 2008 in the 
Department of Defense Authorization Act for FY 2008 (P.L. 110-
181). The MARAD administers U.S. merchant marine support 
programs within the DOT, including the Maritime Security 
Program (MSP); the Title XI guaranteed loan program; various 
cargo preference programs; the SSA program; the maintenance of 
the Ready Reserve Force (RRF) and the National Defense Reserve 
Fleet (NDRF); and operation of the U.S. Merchant Marine Academy 
(USMMA) at Kings Point, New York.

                         Summary of Provisions

  The Maritime Administration Authorization Act for fiscal year 
2009 would authorize the USMMA to hire adjunct professors and 
would require the USMMA to prescribe a policy on sexual 
harassment and sexual violence similar to such policies in the 
Department of Defense (DOD) military academies. Also, the bill 
would authorize the MARAD to increase the annual payments to 
cadets of state maritime academies for the SIP program, as well 
as adjust the timing of the award and the terms for which the 
payments may be used. Approximately 70 percent of all licensed 
officer graduates come from the state maritime academies. There 
is a compelling need to assist both the USMMA and the state 
maritime academies to meet growing demands for the U.S. armed 
forces and the commercial maritime industry.
  In addition to authorizing fiscal year 2009 funds for the 
MARAD, the bill would modify the provisions under title 46 
relating to riding gangs on commercial cargo vessels that are 
under DOD contract. This measure would also make improvements 
to the SSA program by streamlining grant making processes and 
expanding eligibility assistance to medium and small shipyards 
that are engaged in the vessel repair and vessel construction 
industries. The bill would extend the duration of the marine 
war risk insurance program. The bill would place in statute 
existing administrative procedures for waivers to the Jones Act 
during times of an actual or imminent energy shortage, or when 
it is in the interest of national security. Lastly, the bill 
would provide the MARAD with appropriate enforcement authority 
for the administration of our cargo preference laws.

                          Legislative History

  S. 2997 was introduced by Senator Lautenberg, Senator Smith 
and Senator Stevens on May 8, 2008. Senator Inouye was added as 
a cosponsor to the bill on May 14, 2008. The Senate Committee 
on Commerce, Science and Transportation reported the bill 
favorably as amended by a manager's amendment sponsored by 
Senator Inouye, Senator Stevens, Senator Lautenberg, and 
Senator Smith on May 15, 2008. The staff members assigned to 
this legislation are: Dabney Hegg, Democratic Senior 
Professional Staff; Todd Bertoson, Senior Republican Counsel; 
and Betsy McDonnell, Republican Professional Staff.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 5, 2008.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2997, the Maritime 
Administration Act for Fiscal Year 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure.

S. 2997--Maritime Administration Act for Fiscal Year 2009

    Summary: S. 2997 would amend various laws governing the 
activities of the Maritime Administration (MARAD) and would 
authorize appropriations for that agency for fiscal year 2009. 
Assuming appropriation of the amounts authorized for 2009, CBO 
estimates that implementing S. 2997 would result in 
discretionary outlays of $163 million over the 2009-2013 
period. Enacting the bill also could change revenues (primarily 
from civil fines) and direct spending (for benefits to certain 
longshoremen), but we estimate that any such changes would be 
minimal.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no significant costs on state, local, or 
tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2997 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                                                                          2009-
                                                        2009      2010      2011      2012      2013      2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.................................       163         0         0         0         0       163
Estimated Outlays...................................       131        20        13         0         0       163
----------------------------------------------------------------------------------------------------------------
Notes: As discussed below, the authorization levels do not include amounts specifically authorized by the bill
  for programs that are already authorized under current law.
Enacting S. 2997 could result in changes in revenues and direct spending, but CBO estimates that such changes
  would be insignificant in any year.

    Basis of estimate: For this estimate, CBO assumes that S. 
2997 will be enacted near the end of fiscal year 2008 and that 
the amounts newly authorized by the bill will be appropriated 
for 2009. Estimated outlays are based on historical spending 
patterns for MARAD activities.
    The authorization level shown in the table includes $143 
million for MARAD operations, $18 million for the agency's 
program to dispose of obsolete vessels in the National Defense 
Reserve Fleet, and $2 million for the U.S. Coast Guard to 
perform assessments of vessel traffic risk in Alaska. The bill 
also would authorize appropriations for other MARAD programs, 
including $174 million for subsidies to U.S. flag vessels under 
the maritime security program, $19.5 million for reimbursements 
to vessel owners for repairs made in U.S. shipyards, $30 
million for the cost of making maritime loan guarantees, and $6 
million for related administrative costs. Those amounts are not 
shown in the table, however, because they are already 
authorized under current law.
    The bill would strengthen existing rules that govern cargo 
preference requirements, clarifying that all federally financed 
cargoes are subject to cargo preference laws (which require 
that certain percentages of government-sponsored freight be 
transported on U.S. flag vessels). Also, the bill would 
establish civil penalties for violations of such laws by 
shipping companies.
    Enacting the bill could result in an increase in civil 
penalties collected by MARAD from violators of cargo preference 
laws, but CBO estimates that any such increases would be 
minimal. Based on information provided by MARAD and other 
federal agencies, we estimate that other changes to the cargo 
preference law would have no significant impact on the federal 
budget because most federal agencies already comply with the 
law.
    Finally, section 12 would expand an exemption in the 
Longshore and Harbor Workers' Compensation Act for individuals 
who manufacture, repair, or dismantle recreational vessels. 
Enacting this provision could reduce revenues (from fines and 
penalties on the shipbuilding industry) and direct spending 
(for compensation to individuals), but CBO estimates that such 
changes would be insignificant.
    Intergovernmental and private-sector impact: S. 2997 
contains no intergovernmental or private-sector mandates as 
defined in UMRA would impose no significant costs on state, 
local, or tribal governments.
    Previous CBO estimates: CBO has transmitted several cost 
estimates for bills that contained authorizations for 
assessments of vessel traffic risk in Alaska, including S. 
1892, the Coast Guard Authorization Act for Fiscal Year 2008, 
as ordered reported by the Senate Committee on Commerce, 
Science, and Transportation on August 2, 2007, and three 
versions of H.R. 2830, the Coast Guard Authorization Act of 
2007, as ordered reported by the House Committee on 
Transportation and Infrastructure (June 28, 2007), the House 
Committee on the Homeland Security (September 25, 2007), and 
the House Committee on the Judiciary (October 30, 2007). All 
four versions of the legislation would authorize the 
appropriation of about $2 million for each of fiscal years 2008 
and 2009 for assessments of vessel traffic risk in Alaska. The 
cost estimate for S. 2997 only includes the 2009 authorization 
for the program because CBO assumes that the bill will not be 
enacted in time for the 2008 authorization to be appropriated.
    On May 20, 2008, CBO transmitted a cost estimate for H.R. 
5658, the National Defense Authorization Act for 2009, as 
ordered reported by the House Committee on Armed Services on 
May 16, 2008. H.R. 5658 also would authorize funding for MARAD 
for 2009 but at a lower level than S. 2997. The CBO cost 
estimates reflect that difference.
    Estimate prepared by: Federal costs: Deborah Reis; Impact 
on state, local, and tribal governments: Elizabeth Cove; Impact 
on the private sector: Jacob Kuipers.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  The number of persons affected by this bill is consistent 
with previous MARAD reauthorizations with the exception of 
Section 12, which is expected to benefit the repair and boat 
manufacturing sectors of the marine recreational industry 
consisting of 500,000 workers. Any changes to the personnel at 
the USMMA are intended to improve the quality of the experience 
for the students and the long-term health of the U.S. merchant 
marine.

                            ECONOMIC IMPACT

  Section 12 is expected to have a positive impact on the 
economy, particularly the boat repair and boat manufacturing 
sectors of the marine recreational industry. In the state of 
Florida alone, this industry supports 220,000 jobs and 
contributes $18.4 billion to the economy. In recognition of the 
modest injury profile of the marine recreational industry, this 
section allows thousands of small businesses to cover all or 
most of their employees with State workers' compensation 
insurance rather than having to pay the considerably higher 
premiums required under the Longshore and Harbor Workers' 
Compensation Act. These companies would be able to use the 
money saved by these considerably lower insurance rates for 
their employees benefit, and to compete more effectively with 
foreign-based boat repair and manufacturing businesses, helping 
to keep jobs in the United States.

                                PRIVACY

  S. 2997 would have minimal effect on the privacy rights of 
individuals.

                               PAPERWORK

  The Committee does not anticipate a major increase in 
paperwork burdens for individuals or business resulting from 
the passage of this legislation.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides the 
following identification of congressionally directed spending 
items contained in the bill, as reported:

------------------------------------------------------------------------
             Section                   Provision            Member
------------------------------------------------------------------------
    Section 9...................  Vessel traffic      Sen. Stevens
                                   risk assessments.
------------------------------------------------------------------------

                      Section-by-Section Analysis

Section 1. Short title
  Section 1 would provide that the legislation may be cited as 
the ``Maritime Administration Authorization Act for Fiscal Year 
2009.''
Section 2. Adjunct professors at the Merchant Marine Academy
  The USMMA uses between 20 and 25 percent adjunct professors 
during any one academic trimester. As part of improving the 
budget submission process, the USMMA proposes to transition 
most of these adjunct professors to direct USMMA employment. 
Some adjunct professors may continue to be governed by personal 
service contracts. This proposal would clarify the USMMA's 
authority to retain the adjunct professors under existing 
contracts until their employment is transferred for the 2008-
2009 school year.
Section 3. Actions to address sexual harassment and violence at the 
        United States Merchant Marine Academy
  Section 3 would require the USMMA to prescribe a policy on 
sexual harassment and sexual violence applicable to the cadets 
and other personnel of the Academy. This requirement would 
bring the USMMA into parity with the military academies of the 
DOD.
Section 4. Riding gang member requirements
  Section 8106 of title 46, United States Code, limits the use 
of non-U.S. citizen riding gang members on U.S. flagged 
merchant vessels. Section 2101 of title 46, United States Code, 
defines a riding gang member as an individual who does not hold 
a merchant mariner document, and who is not a regular member of 
the ship's crew who performs watch standing duties. The riding 
gang member may perform limited functions aboard the ship and 
must at all times be supervised by a crew member holding a 
merchant mariner document (MMD).
  Section 1018 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 prohibited the use of 
riding gangs on board vessels under contract by the DOD unless 
the Secretary of Defense complied with the limitations for 
riding gangs under section 8106 of title 46.
  The FY 2007 Defense Authorization Act provided four 
exceptions to the contractual requirements: (1) for personnel 
associated with the cargo; (2) force protection personnel; (3) 
repair technicians; and (4) other personnel required by the 
Secretary of Defense to be aboard the vessel other than for 
maintenance or operation of the vessel. However, there was no 
parallel exception under section 8106.
  In order for the DOD to use the exceptions authorized in the 
FY 2007 Defense Authorization Act effectively, those exceptions 
also must apply to the requirements of title 46. Therefore, 
this section would authorize the Secretary of Defense to invoke 
the exceptions both under contract and under section 8106 of 
title 46. This provision was requested by the DOD.
Section 5. Assistance for small shipyards and maritime communities
  Section 5 would make technical modifications to the existing 
SSA program established under Section 3506 of the National 
Defense Authorization Act for Fiscal Year 2006, P.L. 109-163, 
in order to improve the functionality of the grant making 
process and to expand the eligibility of small shipyards that 
may qualify for assistance under the program.
Section 6. Student Incentive Payment (SIP) program
  The SIP program provides financial assistance to qualified 
cadets at the six state maritime academies. The SIP program is 
voluntary, and it is designed to assist cadets in defraying the 
cost of uniforms, books, and subsistence in return for certain 
obligations on the part of the cadet. Upon graduation from the 
Academy, SIP participants are required to: maintain maritime-
related employment for at least three years; maintain a U.S. 
Coast Guard license; maintain a Commission in the Military 
Reserve for six years, which includes two active drill weeks 
per year; and report employment status annually to the Maritime 
Administration. As such, SIP participants help the military 
maintain a ready pool of qualified mariners during times of 
national emergency. This section would amend section 51509 of 
title 46, United States Code, to increase the authorized annual 
payments to cadets, adjust the timing of the award, and expand 
the terms for which the payments may be used.
Section 7. Marine War Risk Insurance
  The MARAD administers a War Risk Insurance Program under 46 
U.S.C. 53901 et seq. If commercial war risk insurance is not 
available on reasonable terms and conditions from commercial 
insurance companies, then the Secretary, with the approval of 
the President, may provide two basic types of insurance: (1) 
written for commercial vessels that are deemed necessary to 
move cargo for a national emergency, and if a vessel was 
damaged or lost, the claim is paid out of the DOT's funds; and 
(2) written for both U.S. and foreign flag commercial vessels 
that are under charter to the military, and if a vessel were 
damaged or lost, the DOD indemnifies the DOT for payment of the 
claim. The latter authority under 46 U.S.C. 53912 expires 
December 31, 2010. Section 7 of the reported bill would extend 
war risk insurance authority under section 53912 of title 46, 
United States Code, until December 31, 2015.
Section 8. MARAD consultation on Jones Act Waivers
  In 1950, a process was authorized in statute to allow for the 
DOD to request a waiver of the Jones Act for the transportation 
of domestic cargo during times of an actual or imminent energy 
shortage, or when it is in the interest of national security. 
To facilitate the consideration of waiver requests, the U.S. 
Customs Service (now the U.S. Customs and Border Protection 
(CBP)), the MARAD, and the Department of Energy (DOE) entered 
into a Memorandum of Agreement (MOA). Under the MOA, the MARAD 
is responsible for certifying and granting Jones Act waivers 
for U.S. flagged vessels when it is in the interest of national 
security. The MOA remains in effect today and helps ensure that 
waiver decisions are processed timely and efficiently to meet 
the demand for emergency transportation of energy products. 
This section would amend 46 U.S.C. 501 to apply the terms of 
the existing MOA to all waiver requests originating from 
outside the DOD. This ensures that national defense interests 
are met in the most efficient manner possible. It remains 
consistent with the stated U.S. policy, to encourage and aid in 
the development and maintenance of a U.S. merchant marine as 
necessary for the national defense, and for the development of 
the domestic and foreign commerce of the United States.
Section 9. Vessel traffic risk assessments
  Section 9 would require the Commandant of the Coast Guard to 
prepare two vessel traffic risk assessments; one for Cook 
Inlet, Alaska, within one year after the date of enactment of 
this Act, and the second for the Aleutian Islands, within two 
years after the date of enactment of this Act. Each assessment 
would describe both the level of shipping traffic, and the 
current and projected routing measures used, including long-
range vessel tracking systems, and the Automatic Identification 
System. The assessments also would provide recommendations for 
enhancing safety and security of marine shipping. This 
provision would authorize $1,800,000 for both fiscal year 2008 
and fiscal year 2009 to conduct these assessments.
Section 10. Small Vessel Exception from Definition of Fish Processing 
        Vessel
  Section 10, titled `Small Vessel Exception From Definition of 
Fish Processing Vessel,' would modify section 2101 (11b) of 
title 46, United States Code, to exclude certain fishing 
vessels operating in Alaskan waters that fillet only salmon 
taken by that vessel, and fillet less than five metric tons of 
such salmon during any seven day period.
Section 11. Transportation in American vessels of government personnel 
        and certain cargoes
  Section 11 would clarify that cargo preference applies to any 
person or organization receiving federal funding, unless they 
are otherwise exempted. This clarification eliminates confusion 
over the application of cargo preference, and it would provide 
the Secretary of the DOT with the appropriate enforcement 
authority for administrative oversight of cargo preference laws 
under subsection 55305(d) of title 46, United States Code. This 
section only applies to agencies, organizations, or persons 
subject to section 55305, and it makes a technical correction 
by conforming the cargo preference year to the fiscal year in 
46 U.S.C. 55314(a).
Section 12. Exclusion of certain employee benefits for individuals in 
        the recreational marine industry
  Section 12 would extend the current Longshore and Harbor 
Workers' Compensation Act exemption for recreational marine 
workers employed to manufacture any recreational vehicle under 
165 feet in length, or to repair any recreational vehicle, 
including the dismantling of any part of such a vessel 
connected to its repair.
Section 13. Authorization of appropriations for fiscal year 2009
  Section 13 describes the authorization of appropriations for 
the MARAD for fiscal year 2009.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

  JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007

SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.

  (a) Requirement for Charters and Contracts.--
          (1) In general.--The Secretary of Defense may not 
        award, renew, extend, or exercise an option to extend 
        any charter of a vessel documented under chapter 121 of 
        title 46, United States Code, for the Department of 
        Defense, or any contract for the carriage of cargo by a 
        vessel documented under that chapter for the Department 
        of Defense, unless the charter or contract, 
        respectively, includes provisions that allow riding 
        gang members to perform work on the vessel during the 
        effective period of the charter or contract only under 
        terms, conditions, restrictions, and [requirements 
        that, except as provided in paragraphs (2) and (3), are 
        substantially the same as those that apply under 
        section 8106 of title 46, United States Code, as in 
        effect immediately before the enactment of this Act, 
        with respect to a vessel referred to in that section.] 
        requirements as provided in section 8106 of title 46, 
        United States Code.
          [(2) Limitation.--For purposes of paragraph (1) of 
        this subsection, subsections (a)(1)(A)(ii), (c), and 
        (d) of section 8106 of title 46, United States Code, 
        shall not apply with respect to a charter or contract 
        referred to in paragraph (1).
          [(3) Merchant mariner's document required.--The 
        Secretary of Defense shall include in the provisions 
        required under paragraph (1) a requirement that each 
        riding gang member who performs work on the vessel must 
        hold a merchant mariner's document issued under chapter 
        73 of title 46, United States Code.]
          [(4)] (2) Riding gang member defined.--In this 
        subsection the term ``riding gang member'' has the 
        meaning that term has in section [8106] 2101 of title 
        46, United States Code, as in effect immediately before 
        the enactment of this Act.
  (b) Exemptions by Secretary of Defense.--
          [(1) In general.--The Secretary of Defense may issue 
        regulations that exempt from the charter or contract 
        provisions required under subsection (a) any individual 
        who is on a vessel for purposes other than engaging in 
        the operation or maintenance of the vessel, including 
        an individual who is--
                  [(A) one of the personnel who accompany, 
                supervise, guard, and maintain unit equipment 
                aboard a ship, commonly referred to as 
                supercargo personnel;
                  [(B) one of the force protection personnel of 
                the vessel;
                  [(C) a specialized repair technician; or
                  [(D) otherwise required by the Secretary of 
                Defense to be aboard the vessel.]
          (1) In general.--Pursuant to regulations issued by 
        the Secretary of Defense, an individual--
                  (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
                  (B) who--
                          (i) accompanies, supervises, guards, 
                        or maintains unit equipment aboard a 
                        ship, commonly referred to as 
                        supercargo personnel,
                          (ii) is one of the force protection 
                        personnel of the vessel,
                          (iii) is a specialized repair 
                        technician, or
                          (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.
          (2) Background check.--Such regulations shall include 
        a requirement that any individual who is exempt under 
        the regulations must pass a background check before 
        going aboard the vessel, unless the individual holds a 
        merchant mariner's document issued under chapter 73 of 
        title 46, United States Code.
          (3) Exempted individual not treated as in addition to 
        the crew.--An individual exempted under paragraph (1) 
        shall not be counted as an individual in addition to 
        the crew for the purposes of section 3304 of title 46, 
        United States Code.

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006

[SEC. 3506. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME COMMUNITIES.

  [(a) Establishment of Program.--Subject to the availability 
of appropriations, the Administrator of the Maritime 
Administration shall establish a program to provide assistance 
to State and local governments--
          [(1) to provide assistance in the form of grants, 
        loans, and loan guarantees to small shipyards for 
        capital improvements; and
          [(2) for maritime training programs in communities 
        whose economies are substantially related to the 
        maritime industry.
  [(b) Awards.--In providing assistance under the program, the 
Administrator shall--
          [(1) take into account--
                  [(A) the economic circumstances and 
                conditions of maritime communities; and
                  [(B) the local, State, and regional economy 
                in which the communities are located; and
          [(2) strongly encourage State, local, and regional 
        efforts to promote economic development and training 
        that will enhance the economic viability of and quality 
        of life in maritime communities.
  [(c) Use of Funds.--Assistance provided under this section 
may be used--
          [(1) to make capital and related improvements in 
        small shipyards located in or near maritime 
        communities;
          [(2) to encourage, assist in, or provide training for 
        residents of maritime communities that will enhance the 
        economic viability of those communities; and
          [(3) for such other purposes as the Administrator 
        determines to be consistent with and supplemental to 
        such activities.
  [(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)(3).
  [(e) Matching Requirements.--
          [(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.
          [(2) Exceptions.--
                  [(A) Small projects.--Paragraph (1) shall not 
                apply to grants under this section for stand 
                alone projects costing not more than $25,000. 
                The amount under this subparagraph shall be 
                indexed to the consumer price index and 
                modified each fiscal year after the annual 
                publication of the consumer price index.
                  [(B) Reduction in matching requirement.--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).
  [(f) Application.--
          [(1) In general.--The Administrator shall determine 
        who, as an eligible applicant, may submit an 
        application, at such time, in such form, and containing 
        such information and assurances as the Administrator 
        may require.
          [(2) Minimum standards for payment or 
        reimbursement.--Each application submitted under 
        paragraph (1) shall include--
                  [(A) a comprehensive description of--
                          [(i) the need for the project;
                          [(ii) the methodology for 
                        implementing the project; and
                          [(iii) any existing programs or 
                        arrangements that can be used to 
                        supplement or leverage assistance under 
                        the program.
          [(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--
                  [(A) grant funds are used for the purposes 
                for which they were made available;
                  [(B) grantees have properly accounted for all 
                expenditures of grant funds; and
                  [(C) grant funds not used for such purposes 
                and amounts not obligated or expended are 
                returned.
          [(4) Project approval required.--The Administrator 
        may not award a grant under this section unless the 
        Administrator determines that--
                  [(A) sufficient funding is available to meet 
                the matching requirements of subsection (e);
                  [(B) the project will be completed without 
                unreasonable delay; and
                  [(C) the recipient has authority to carry out 
                the proposed project.
  [(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.
  [(h) Small Shipyard Defined.--In this section, the term 
``small shipyard'' means a shipyard that--
          [(1) is a small business concern (within the meaning 
        of section 3 of the Small Business Act (15 U.S.C. 632); 
        and
          [(2) does not have more than 600 employees.
  [(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--
          [(1) $5,000,000 for training grants; and
          [(2) $25,000,000 for capital and related improvement 
        grants.]

                           TITLE 46. SHIPPING

                          SUBTITLE I. GENERAL

                  CHAPTER 5. OTHER GENERAL PROVISIONS

Sec. 501. Waiver of navigation and vessel-inspection laws

  (a) On Request of Secretary of Defense.--On request of the 
Secretary of Defense, the head of an agency responsible for the 
administration of the navigation or vessel-inspection laws 
shall waive compliance with those laws to the extent the 
Secretary considers necessary in the interest of national 
defense.
  [(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 may waive compliance with 
those laws to the extent, in the manner, and on the terms the 
individual prescribes.]
  (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.
  (c) Termination of Authority.--The authority granted by this 
section shall terminate at such time as the Congress by 
concurrent resolution or the President may designate.

                    SUBTITLE II. VESSELS AND SEAMEN

                       PART A. GENERAL PROVISIONS

                          CHAPTER 21. GENERAL

Sec. 2101. General definitions

  In this subtitle--
          (1) ``associated equipment''--
                  (A) means--
                          (i) a system, accessory, component, 
                        or appurtenance of a recreational 
                        vessel; or
                          (ii) a marine safety article intended 
                        for use on board a recreational vessel; 
                        but
                  (B) does not include radio equipment.
          (2)	(3a) [repealed]
          (4) ``Coast Guard'' means the organization 
        established and continued under section 1 of title 14.
          (5) ``commercial service'' includes any type of trade 
        or business involving the transportation of goods or 
        individuals, except service performed by a combatant 
        vessel.
          (5a) ``consideration'' means an economic benefit, 
        inducement, right, or profit including pecuniary 
        payment accruing to an individual, person, or entity, 
        but not including a voluntary sharing of the actual 
        expenses of the voyage, by monetary contribution or 
        donation of fuel, food, beverage, or other supplies.
          (6)
          (7) ``crude oil'' means a liquid hydrocarbon mixture 
        occurring naturally in the earth, whether or not 
        treated to render it suitable for transportation, and 
        includes crude oil from which certain distillate 
        fractions may have been removed, and crude oil to which 
        certain distillate fractions may have been added.
          (8) ``crude oil tanker'' means a tanker engaged in 
        the trade of carrying crude oil.
          (8a) ``dangerous drug'' means a narcotic drug, a 
        controlled substance, or a controlled substance analog 
        (as defined in section 102 of the Comprehensive Drug 
        Abuse Prevention and Control Act of 1970 (21 U.S.C. 
        802)).
          (9) ``discharge'', when referring to a substance 
        discharged from a vessel, includes spilling, leaking, 
        pumping, pouring, emitting, emptying, or dumping, 
        however caused.
          (10), (10a) [repealed]
          (10b) ``ferry'' means a vessel that is used on a 
        regular schedule--
                  (A) to provide transportation only between 
                places that are not more than 300 miles apart; 
                and
                  (B) to transport only--
                          (i) passengers; or
                          (ii) vehicles, or railroad cars, that 
                        are being used, or have been used, in 
                        transporting passengers or goods.
          (11) ``fish'' means finfish, mollusks, crustaceans, 
        and all other forms of marine animal and plant life, 
        except marine mammals and birds.
          (11a) ``fishing vessel'' means a vessel that 
        commercially engages in the catching, taking, or 
        harvesting of fish or an activity that can reasonably 
        be expected to result in the catching, taking, or 
        harvesting of fish.
          (11b) ``fish processing vessel'' means a vessel that 
        commercially prepares fish or fish products other than 
        by gutting, decapitating, gilling, skinning, shucking, 
        icing, freezing, or brine [chilling.] chilling, but 
        does not include a fishing vessel operating in Alaskan 
        waters under a permit or license issued by Alaska 
        that--
                  (A) fillets only salmon taken by that vessel;
                  (B) fillets less than 5 metric tons of such 
                salmon during any 7-day period.
          (11c) ``fish tender vessel'' means a vessel that 
        commercially supplies, stores, refrigerates, or 
        transports fish, fish products, or materials directly 
        related to fishing or the preparation of fish to or 
        from a fishing, fish processing, or fish tender vessel 
        or a fish processing facility.
          (12) [repealed]
          (13) ``freight vessel'' means a motor vessel of more 
        than 15 gross tons as measured under section 14502 of 
        this title, or an alternate tonnage measured under 
        section 14302 of this title as prescribed by the 
        Secretary under section 14104 of this title that 
        carries freight for hire, except an oceanographic 
        research vessel or an offshore supply vessel.
          (13a) ``Great Lakes barge'' means a non-self-
        propelled vessel of at least 3,500 gross tons as 
        measured under section 14502 of this title, or an 
        alternate tonnage measured under section 14302 of this 
        title as prescribed by the Secretary under section 
        14104 of this title operating on the Great Lakes.
          (14) ``hazardous material'' means a liquid material 
        or substance that is--
                  (A) flammable or combustible;
                  (B) designated a hazardous substance under 
                section 311(b) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1321); or
                  (C) designated a hazardous material under 
                section 5103(a) of title 49;
          (14a) ``major conversion'' means a conversion of a 
        vessel that--
                  (A) substantially changes the dimensions or 
                carrying capacity of the vessel;
                  (B) changes the type of the vessel;
                  (C) substantially prolongs the life of the 
                vessel; or
                  (D) otherwise so changes the vessel that it 
                is essentially a new vessel, as decided by the 
                Secretary.
          (15) ``marine environment'' means--
                  (A) the navigable waters of the United States 
                and the land and resources in and under those 
                waters;
                  (B) the waters and fishery resources of an 
                area over which the United States asserts 
                exclusive fishery management authority;
                  (C) the seabed and subsoil of the outer 
                Continental Shelf of the United States, the 
                resources of the Shelf, and the waters 
                superjacent to the Shelf; and
                  (D) the recreational, economic, and scenic 
                values of the waters and resources referred to 
                in subclauses (A)-(C) of this clause.
          (15a) ``mobile offshore drilling unit'' means a 
        vessel capable of engaging in drilling operations for 
        the exploration or exploitation of subsea resources.
          (16) ``motor vessel'' means a vessel propelled by 
        machinery other than steam.
          (17) ``nautical school vessel'' means a vessel 
        operated by or in connection with a nautical school or 
        an educational institution under section 558 of title 
        40.
          (17a) ``navigable waters of the United States'' 
        includes all waters of the territorial sea of the 
        United States as described in Presidential Proclamation 
        No. 5928 of December 27, 1988.
          (17b) [repealed]
          (18) ``oceanographic research vessel'' means a vessel 
        that the Secretary finds is being employed only in 
        instruction in oceanography or limnology, or both, or 
        only in oceanographic or limnological research, 
        including studies about the sea such as seismic, 
        gravity meter, and magnetic exploration and other 
        marine geophysical or geological surveys, atmospheric 
        research, and biological research.
          (19) ``offshore supply vessel'' means a motor vessel 
        of more than 15 gross tons but less than 500 gross tons 
        as measured under section 14502 of this title, or an 
        alternate tonnage measured under section 14302 of this 
        title as prescribed by the Secretary under section 
        14104 of this title that regularly carries goods, 
        supplies, individuals in addition to the crew, or 
        equipment in support of exploration, exploitation, or 
        production of offshore mineral or energy resources.
          (20) ``oil'' includes oil of any type or in any form, 
        including petroleum, fuel oil, sludge, oil refuse, and 
        oil mixed with wastes except dredged spoil.
          (20a) ``oil spill response vessel'' means a vessel 
        that is designated in its certificate of inspection as 
        such a vessel, or that is adapted to respond to a 
        discharge of oil or a hazardous material.
          (20b) ``overall in length'' means--
                  (A) for a foreign vessel or a vessel engaged 
                on a foreign voyage, the greater of--
                          (i) 96 percent of the length on a 
                        waterline at 85 percent of the least 
                        molded depth measured from the top of 
                        the keel (or on a vessel designed with 
                        a rake of keel, on a waterline parallel 
                        to the designed waterline); or
                          (ii) the length from the fore side of 
                        the stem to the axis of the rudder 
                        stock on that waterline; and
                  (B) for any other vessel, the horizontal 
                distance of the hull between the foremost part 
                of the stem and the aftermost part of the 
                stern, excluding fittings and attachments.
          (21) ``passenger''--
                  (A) means an individual carried on the vessel 
                except--
                          (i) the owner or an individual 
                        representative of the owner or, in the 
                        case of a vessel under charter, an 
                        individual charterer or individual 
                        representative of the charterer;
                          (ii) the master; or
                          (iii) a member of the crew engaged in 
                        the business of the vessel who has not 
                        contributed consideration for carriage 
                        and who is paid for on board services;
                  (B) on an offshore supply vessel, means an 
                individual carried on the vessel except--
                          (i) an individual included in clause 
                        (i), (ii), or (iii) of subparagraph (A) 
                        of this paragraph;
                          (ii) an employee of the owner, or of 
                        a subcontractor to the owner, engaged 
                        in the business of the owner;
                          (iii) an employee of the charterer, 
                        or of a subcontractor to the charterer, 
                        engaged in the business of the 
                        charterer; or
                          (iv) an individual employed in a 
                        phase of exploration, exploitation, or 
                        production of offshore mineral or 
                        energy resources served by the vessel;
                  (C) on a fishing vessel, fish processing 
                vessel, or fish tender vessel, means an 
                individual carried on the vessel except--
                          (i) an individual included in clause 
                        (i), (ii), or (iii) of subparagraph (A) 
                        of this paragraph;
                          (ii) a managing operator;
                          (iii) an employee of the owner, or of 
                        a subcontractor to the owner, engaged 
                        in the business of the owner;
                          (iv) an employee of the charterer, or 
                        of a subcontractor to the charterer, 
                        engaged in the business of the 
                        charterer; or
                          (v) an observer or sea sampler on 
                        board the vessel pursuant to a 
                        requirement of State or Federal law; or
                  (D) on a sailing school vessel, means an 
                individual carried on the vessel except--
                          (i) an individual included in clause 
                        (i), (ii), or (iii) of subparagraph (A) 
                        of this paragraph;
                          (ii) an employee of the owner of the 
                        vessel engaged in the business of the 
                        owner, except when the vessel is 
                        operating under a demise charter;
                          (iii) an employee of the demise 
                        charterer of the vessel engaged in the 
                        business of the demise charterer; or
                          (iv) a sailing school instructor or 
                        sailing school student.
          (21a) ``passenger for hire'' means a passenger for 
        whom consideration is contributed as a condition of 
        carriage on the vessel, whether directly or indirectly 
        flowing to the owner, charterer, operator, agent, or 
        any other person having an interest in the vessel.
          (22) ``passenger vessel'' means a vessel of at least 
        100 gross tons as measured under section 14502 of this 
        title, or an alternate tonnage measured under section 
        14302 of this title as prescribed by the Secretary 
        under section 14104 of this title--
                  (A) carrying more than 12 passengers, 
                including at least one passenger for hire;
                  (B) that is chartered and carrying more than 
                12 passengers;
                  (C) that is a submersible vessel carrying at 
                least one passenger for hire; or
                  (D) that is a ferry carrying a passenger.
          (23) ``product carrier'' means a tanker engaged in 
        the trade of carrying oil except crude oil.
          (24) ``public vessel'' means a vessel that--
                  (A) is owned, or demise chartered, and 
                operated by the United States Government or a 
                government of a foreign country; and
                  (B) is not engaged in commercial service.
          (25) ``recreational vessel'' means a vessel--
                  (A) being manufactured or operated primarily 
                for pleasure; or
                  (B) leased, rented, or chartered to another 
                for the latter's pleasure.
          (26) ``recreational vessel manufacturer'' means a 
        person engaged in the manufacturing, construction, 
        assembly, or importation of recreational vessels, 
        components, or associated equipment.
          (26a) ``riding gang member'' means an individual 
        who--
                  (A) has not been issued a merchant mariner 
                document under chapter 73;
                  (B) does not perform--
                          (i) watchstanding, automated engine 
                        room duty watch, or personnel safety 
                        functions; or
                          (ii) cargo handling functions, 
                        including any activity relating to the 
                        loading or unloading of cargo, the 
                        operation of cargo-related equipment 
                        (whether or not integral to the 
                        vessel), and the handling of mooring 
                        lines on the dock when the vessel is 
                        made fast or let go;
                  (C) does not serve as part of the crew 
                complement required under section 8101;
                  (D) is not a member of the steward's 
                department; and
                  (E) is not a citizen or temporary or 
                permanent resident of a country designated by 
                the United States as a sponsor of terrorism or 
                any other country that the Secretary, in 
                consultation with the Secretary of State and 
                the heads of other appropriate United States 
                agencies, determines to be a security threat to 
                the United States.
          (27) ``sailing instruction'' means teaching, 
        research, and practical experience in operating vessels 
        propelled primarily by sail and may include--
                  (A) any subject related to that operation and 
                to the sea, including seamanship, navigation, 
                oceanography, other nautical and marine 
                sciences, and maritime history and literature; 
                and
                  (B) only when in conjunction with a subject 
                referred to in subclause (A) of this clause, 
                instruction in mathematics and language arts 
                skills to sailing school students having 
                learning disabilities.
          (28) ``sailing school instructor'' means an 
        individual who is on board a sailing school vessel to 
        provide sailing instruction, but does not include an 
        operator or crewmember who is among those required to 
        be on board the vessel to meet a requirement 
        established under part F of this subtitle
          (29) ``sailing school student'' means an individual 
        who is on board a sailing school vessel to receive 
        sailing instruction.
          (30) ``sailing school vessel'' means a vessel--
                  (A) that is less than 500 gross tons as 
                measured under section 14502 of this title, or 
                an alternate tonnage measured under section 
                14302 of this title as prescribed by the 
                Secretary under section 14104 of this title;
                  (B) carrying more than 6 individuals who are 
                sailing school instructors or sailing school 
                students;
                  (C) principally equipped for propulsion by 
                sail, even if the vessel has an auxiliary means 
                of propulsion; and
                  (D) owned or demise chartered, and operated 
                by an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1954 
                (26 U.S.C. 501(c)(3)) and exempt from tax under 
                section 501(a) of that Code, or by a State or 
                political subdivision of a State, during times 
                that the vessel is operated by the 
                organization, State, or political subdivision 
                only for sailing instruction.
          (31) ``scientific personnel'' means individuals on 
        board an oceanographic research vessel only to engage 
        in scientific research, or to instruct or receive 
        instruction in oceanography or limnology.
          (32) ``seagoing barge'' means a non-self-propelled 
        vessel of at least 100 gross tons as measured under 
        section 14502 of this title, or an alternate tonnage 
        measured under section 14302 of this title as 
        prescribed by the Secretary under section 14104 of this 
        title making voyages beyond the Boundary Line.
          (33) ``seagoing motor vessel'' means a motor vessel 
        of at least 300 gross tons as measured under section 
        14502 of this title, or an alternate tonnage measured 
        under section 14302 of this title as prescribed by the 
        Secretary under section 14104 of this title making 
        voyages beyond the Boundary Line.
          (34) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating.
          (35) ``small passenger vessel'' means a wing-in-
        ground craft, regardless of tonnage, carrying at least 
        one passenger for hire, and a vessel of less than 100 
        gross tons as measured under section 14502 of this 
        title, or an alternate tonnage measured under section 
        14302 of this title as prescribed by the Secretary 
        under section 14104 of this title--
                  (A) carrying more than 6 passengers, 
                including at least one passenger for hire;
                  (B) that is chartered with the crew provided 
                or specified by the owner or the owner's 
                representative and carrying more than 6 
                passengers;
                  (C) that is chartered with no crew provided 
                or specified by the owner or the owner's 
                representative and carrying more than 12 
                passengers;
                  (D) that is a submersible vessel carrying at 
                least one passenger for hire; or
                  (E) that is a ferry carrying more than 6 
                passengers.
          (36) [repealed]
          (37) ``steam vessel'' means a vessel propelled in 
        whole or in part by steam, except a recreational vessel 
        of not more than 40 feet in length.
          (37a) ``submersible vessel'' means a vessel that is 
        capable of operating below the surface of the water.
          (38) ``tanker'' means a self-propelled tank vessel 
        constructed or adapted primarily to carry oil or 
        hazardous material in bulk in the cargo spaces.
          (39) ``tank vessel'' means a vessel that is 
        constructed or adapted to carry, or that carries, oil 
        or hazardous material in bulk as cargo or cargo 
        residue, and that--
                  (A) is a vessel of the United States;
                  (B) operates on the navigable waters of the 
                United States; or
                  (C) transfers oil or hazardous material in a 
                port or place subject to the jurisdiction of 
                the United States.
          (40) ``towing vessel'' means a commercial vessel 
        engaged in or intending to engage in the service of 
        pulling, pushing, or hauling along side, or any 
        combination of pulling, pushing, or hauling along side.
          (41) [repealed]
          (42) ``uninspected passenger vessel'' means an 
        uninspected vessel--
                  (A) of at least 100 gross tons as measured 
                under section 14502 of this title, or an 
                alternate tonnage measured under section 14302 
                of this title as prescribed by the Secretary 
                under section 14104 of this title--
                          (i) carrying not more than 12 
                        passengers, including at least one 
                        passenger for hire; or
                          (ii) that is chartered with the crew 
                        provided or specified by the owner or 
                        the owner's representative and carrying 
                        not more than 12 passengers; and
                  (B) of less than 100 gross tons as measured 
                under section 14502 of this title, or an 
                alternate tonnage measured under section 14302 
                of this title as prescribed by the Secretary 
                under section 14104 of this title--
                          (i) carrying not more than 6 
                        passengers, including at least one 
                        passenger for hire; or
                          (ii) that is chartered with the crew 
                        provided or specified by the owner or 
                        the owner's representative and carrying 
                        not more than 6 passengers.
          (43) ``uninspected vessel'' means a vessel not 
        subject to inspection under section 3301 of this title 
        that is not a recreational vessel.
          (44)	(46) [repealed]
          (47) ``vessel of war'' means a vessel--
                  (A) belonging to the armed forces of a 
                country;
                  (B) bearing the external marks distinguishing 
                vessels of war of that country;
                  (C) under the command of an officer 
                commissioned by the government of that country 
                and whose name appears in the appropriate 
                service list or its equivalent; and
                  (D) staffed by a crew under regular armed 
                forces discipline.
          (48) ``wing-in-ground craft'' means a vessel that is 
        capable of operating completely above the surface of 
        the water on a dynamic air cushion created by 
        aerodynamic lift due to the ground effect between the 
        vessel and the water's surface.

                      SUBTITLE V. MERCHANT MARINE

                    PART B. MERCHANT MARINE SERVICE

          CHAPTER 515. STATE MARITIME ACADEMY SUPPORT PROGRAM

Sec. 51509. Student incentive payment agreements

  (a) General Authority.--If a State maritime academy has an 
agreement with the Secretary of Transportation under section 
51505 of this title, the Secretary may make an agreement with a 
student at the academy who is a citizen of the United States to 
make student incentive payments [to the individual.] to the 
individual or the academy, as determined by the Secretary. An 
agreement with a student may not be effective for more than 4 
academic years. The Secretary shall allocate payments under 
this section among the various State maritime academies in an 
equitable manner.
  (b) Payments.--Payments under an agreement under this section 
shall be equal to [$4,000] $8,000 each academic year and be 
paid, [as prescribed by the Secretary, while the individual is 
attending the academy.] subject to such conditions as may be 
prescribed by the Secretary. The payments shall be used for 
uniforms, tuition, books, and subsistence.
  [(c) Enlisted Reserve Status.--An agreement under this 
section shall require the student to accept enlisted reserve 
status in the Navy Reserve (including the Merchant Marine 
Reserve, Navy Reserve) or the Coast Guard Reserve before 
receiving any payments under the agreement.]
  (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.
  (d) Agreement Requirements.--An agreement under this section 
shall require the student to--
          (1) complete the course of instruction at the academy 
        the individual is attending;
          (2) take the examination for a license as an officer 
        in the merchant marine of the United States before 
        graduation from the academy and fulfill the 
        requirements for such a license within 3 months after 
        graduation from the academy;
          (3) maintain a valid license as an officer in the 
        merchant marine of the United States for at least 6 
        years after graduation from the academy, accompanied by 
        the appropriate national and international endorsements 
        and certification required by the Coast Guard for 
        service aboard vessels on domestic and international 
        voyages;
          (4) accept, if tendered, an appointment as a 
        commissioned officer in the Navy Reserve (including the 
        Merchant Marine Reserve, Navy Reserve), the Coast Guard 
        Reserve, or any other reserve unit of an armed force of 
        the United States, and, if tendered the appointment, to 
        serve for at least 6 years after graduation from the 
        academy;
          (5) serve the foreign and domestic commerce and the 
        national defense of the United States for at least 3 
        years after graduation from the academy--
                  (A) as a merchant marine officer on a 
                documented vessel or a vessel owned and 
                operated by the United States Government or by 
                a State;
                  (B) as an employee in a United States 
                maritime-related industry, profession, or 
                marine science (as determined by the 
                Secretary), if the Secretary determines that 
                service under subparagraph (A) is not available 
                to the individual;
                  (C) as a commissioned officer on active duty 
                in an armed force of the United States, as a 
                commissioned officer in the National Oceanic 
                and Atmospheric Administration, or in other 
                maritime-related Federal employment which 
                serves the national security interests of the 
                United States, as determined by the Secretary; 
                or
                  (D) by a combination of the service 
                alternatives referred to in subparagraphs (A)-
                (C); and
          (6) report to the Secretary on compliance with this 
        subsection.
  (e) Failure To Complete Course of Instruction.--
          (1) Active duty.--If the Secretary of Transportation 
        determines that an individual who has accepted the 
        payments described in subsection (b) for a minimum of 2 
        academic years has failed to fulfill the part of the 
        agreement described in subsection (d)(1), the 
        individual may be ordered by the Secretary of Defense 
        to serve on active duty in the armed forces of the 
        United States for a period of not more than 2 years. In 
        cases of hardship as determined by the Secretary of 
        Transportation, the Secretary of Transportation may 
        waive this paragraph in whole or in part.
          (2) Recovery of cost.--If the Secretary of Defense is 
        unable or unwilling to order an individual to serve on 
        active duty under paragraph (1), or if the Secretary of 
        Transportation determines that reimbursement of the 
        cost of education provided would better serve the 
        interests of the United States, the Secretary of 
        Transportation may recover from the individual the 
        amount of student incentive payments, plus interest and 
        attorney fees. The Secretary may reduce the amount to 
        be recovered to reflect partial performance of service 
        obligations and other factors the Secretary determines 
        merit a reduction.
  (f) Failure To Carry Out Other Requirements.--
          (1) Active duty.--If the Secretary of Transportation 
        determines that an individual has failed to fulfill any 
        part of the agreement described in subsection (d)(2)-
        (6), the individual may be ordered to serve on active 
        duty for a period of at least 2 years but not more than 
        the unexpired period (as determined by the Secretary) 
        of the service required by subsection (d)(5). The 
        Secretary of Transportation, in consultation with the 
        Secretary of Defense, shall determine in which service 
        the individual shall serve. In cases of hardship as 
        determined by the Secretary of Transportation, the 
        Secretary of Transportation may waive this paragraph in 
        whole or in part.
          (2) Recovery of cost.--If the Secretary of Defense is 
        unable or unwilling to order an individual to serve on 
        active duty under paragraph (1), or if the Secretary of 
        Transportation determines that reimbursement of the 
        cost of education provided would better serve the 
        interests of the United States, the Secretary of 
        Transportation may recover from the individual the 
        amount of student incentive payments, plus interest and 
        attorney fees. The Secretary may reduce the amount to 
        be recovered to reflect partial performance of service 
        obligations and other factors the Secretary determines 
        merit a reduction.
  (g) Actions To Recover Cost.--To aid in the recovery of the 
cost of education provided by the Government under a commitment 
agreement under this section, the Secretary of Transportation 
may--
          (1) request the Attorney General to bring a civil 
        action against the individual; and
          (2) make use of the Federal debt collection 
        procedures in chapter 176 of title 28 or other 
        applicable administrative remedies.

                      SUBTITLE V. MERCHANT MARINE

                 PART C. FINANCIAL ASSISTANCE PROGRAMS

                    CHAPTER 539. WAR RISK INSURANCE

Sec. 53912. Expiration date

  The authority of the Secretary of Transportation to provide 
insurance and reinsurance under this chapter expires on 
[December 31, 2010.] December 31, 2015.

                       CHAPTER 541--MISCELLANEOUS

Sec.
Sec. 54101. Assistance for small shipyards and maritime communities

Sec. 54101. Assistance for small shipyards and maritime communities

  (a) Establishment of Program.--Subject to the availability of 
appropriations, the Administrator of the Maritime 
Administration shall execute agreements with shipyards to 
provide assistance--
          (1) in the form of grants, loans, and loan guarantees 
        to small shipyards for capital improvements; and
          (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.
  (b) Awards.--In providing assistance under the program, the 
Administrator shall--
          (1) take into account--
                  (A) the economic circumstances and conditions 
                of maritime communities;
                  (B) projects that would be effective in 
                fostering efficiency, competitive operations, 
                and quality ship construction, repair, and 
                reconfiguration; and
                  (C) projects that would be effective in 
                fostering employee skills and enhancing 
                productivity; and
          (2) make grants within 120 days after the date of 
        enactment of the appropriations Act for the fiscal year 
        concerned.
  (c) Use of Funds.--
          (1) In general.--Assistance provided under this 
        section may be used--
                  (A) to make capital and related improvements 
                in small shipyards located in or near maritime 
                communities;
                  (B) to provide training for workers in 
                communities whose economies are related to the 
                maritime industry; and
                  (C) for such other purposes as the 
                Administrator determines to be consistent with 
                and supplemental to such activities.
          (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.
  (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).
  (e) Matching Requirements; Allocation.--
          (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.
          (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).
          (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.
  (f) Applications.--
          (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.
          (2) Minimum standards for payment or reimbursement.--
        Each application submitted under paragraph (1) shall 
        include--
                  (A) a comprehensive description of--
                          (i) the need for the project;
                          (ii) the methodology for implementing 
                        the project; and
                          (iii) any existing programs or 
                        arrangements that can be used to 
                        supplement or leverage assistance under 
                        the program.
          (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--
                  (A) grant funds are used for the purposes for 
                which they were made available;
                  (B) grantees have properly accounted for all 
                expenditures of grant funds; and
                  (C) grant funds not used for such purposes 
                and amounts not obligated or expended are 
                returned.
          (4) Project approval required.--The Administrator may 
        not award a grant under this section unless the 
        Administrator determines that--
                  (A) sufficient funding is available to meet 
                the matching requirements of subsection (e);
                  (B) the project will be completed without 
                unreasonable delay; and
                  (C) the recipient has authority to carry out 
                the proposed project.
  (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.
  (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.
  (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--
          (1) $5,000,000 for training grants; and
          (2) $25,000,000 for capital and related 
        improvements.''.

                      PART D. PROMOTIONAL PROGRAMS

              CHAPTER 553. PASSENGER AND CARGO PREFERENCES

                         SUBCHAPTER I. GENERAL

Sec. 55305. Cargoes procured, furnished, or financed by the United 
                    States Government

  (a) Definition.--In this section, the term `privately-owned 
commercial vessel of the United States' does not include a 
vessel that, after September 21, 1961, was built or rebuilt 
outside the United States or documented under the laws of a 
foreign country, until the vessel has been documented under the 
laws of the United States for at least 3 years.
  (b) Minimum Tonnage.--When the United States Government 
procures, contracts for, or otherwise obtains for its own 
account, or furnishes to or for the account of a foreign 
[country] country, organization, or persons without provision 
for reimbursement, any equipment, materials, or [commodities,] 
commodities, or provides financing in any way with Federal 
funds for the account of any persons unless otherwise exempted, 
within or without the United States, or advances funds or 
credits, or guarantees the convertibility of foreign currencies 
in connection with the furnishing or obtaining of the 
equipment, materials, or commodities, the appropriate agencies 
shall take steps necessary and practicable to ensure that at 
least 50 percent of the gross tonnage of the equipment, 
materials, or commodities (computed separately for dry bulk 
carriers, dry cargo liners, and tankers) which may be 
transported on ocean vessels is transported on privately-owned 
commercial vessels of the United States, to the extent those 
vessels are available at fair and reasonable rates for 
commercial vessels of the United States, in a manner that will 
ensure a fair and reasonable participation of commercial 
vessels of the United States in those cargoes by geographic 
areas.
  (c) Waivers.--The President, the Secretary of Defense, or 
Congress (by concurrent resolution or otherwise) may waive this 
section temporarily by--
          (1) declaring the existence of an emergency 
        justifying a waiver; and
          (2) notifying the appropriate agencies of the waiver.
  [(d) Programs of Other Agencies.--An agency having 
responsibility under this section shall administer its programs 
with respect to this section under regulations prescribed by 
the Secretary of Transportation. The Secretary shall review the 
administration of those programs and report annually to 
Congress on their administration.]
  (d) Programs of Other Agencies.--
          (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.
          (2) The Secretary--
                  (A) shall conduct an annual review of the 
                administration of programs determined pursuant 
                to paragraph (1) as subject to the requirements 
                of this section;
                  (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;
                  (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
                  (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.

    SUBCHAPTER II. EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES

Sec. 55314. Transportation requirements for certain exports sponsored 
                    by the Secretary of Agriculture

  (a) Minimum Tonnage.--
          (1) In general.--In addition to the requirement under 
        section 55305 of this title for the transportation of a 
        percentage of gross tonnage on commercial vessels of 
        the United States, 25 percent of the gross tonnage of 
        agricultural commodities or their products specified in 
        subsection (b) shall be transported each [calendar] 
        fiscal year on commercial vessels of the United States 
        that--
                  (A) are necessary for national security; and
                  (B) if more than 25 years old, were rebuilt 
                within the last 5 years and certified by the 
                Secretary of Transportation as having a useful 
                life of at least 5 years after that rebuilding.
          (2) [Calendar] Fiscal year.--To provide for effective 
        and equitable administration of the cargo preference 
        laws, the [calendar] fiscal year for the purpose of 
        compliance with minimum percentage requirements is the 
        12-month period beginning October 1 of each year.
  (b) Applicable Export Activity.--This section applies to 
export activity (except inspection or weighing activities, 
other activities carried out for health or safety, or technical 
assistance provided in the handling of commercial transactions) 
of the Secretary of Agriculture or the Commodity Credit 
Corporation--
          (1) carried out under the Food for Peace Act (7 
        U.S.C. 1691 et seq.);
          (2) carried out under section 416 of the Agricultural 
        Act of 1949 (7 U.S.C. 1431);
          (3) carried out under the Bill Emerson Humanitarian 
        Trust Act (7 U.S.C. 1736f-1);
          (4) under which agricultural commodities or their 
        products are--
                  (A) donated through foreign governments or 
                private or public agencies, including 
                intergovernmental organizations; or
                  (B) sold for foreign currencies or for 
                dollars on credit terms of more than 10 years;
          (5) under which agricultural commodities or their 
        products are made available for emergency food relief 
        at less than prevailing world market prices;
          (6) under which a cash grant is made directly or 
        through an intermediary to a foreign purchaser to 
        enable the purchaser to obtain United States 
        agricultural commodities or their products in an amount 
        greater than the difference between the prevailing 
        world market price and the United States market price, 
        free along side vessel at a United States port; or
          (7) under which agricultural commodities owned or 
        controlled by or under loan from the Corporation are 
        exchanged or bartered for materials, goods, equipment, 
        or services produced in foreign countries, except 
        export activities described in section 55313(5) of this 
        title.
  (c) Additional Requirements.--
          (1) Application of section 55305.--The requirement 
        for transportation on vessels of the United States 
        under subsection (a) is subject to the same terms and 
        conditions as provided in section 55305 of this title.
          (2) Allocation of commodities.--Subject to paragraph 
        (3), in carrying out this section and section 55305 of 
        this title, the Corporation shall take steps necessary 
        and practicable, and consistent with this section and 
        section 55305, without detriment to any port range to 
        allocate, on the principle of lowest landed cost 
        without regard to the country of registry of the 
        vessel, 25 percent of the bagged, processed, or 
        fortified commodities provided under title II of the 
        Food for Peace Act (7 U.S.C. 1721 et seq.).
          (3) Calculations.--In carrying out paragraph (2), 
        first there shall be calculated the allocation of 100 
        percent of the quantity to be procured on an overall 
        lowest landed cost basis without regard to the country 
        of registry of the vessel, and then there shall be 
        allocated to the Great Lakes port range any cargoes for 
        which it has the lowest landed cost under that 
        calculation. The requirements for transportation on 
        vessels of the United States under this section and 
        section 55305 of this title do not apply to commodities 
        allocated to the Great Lakes port range under paragraph 
        (2). Commodities allocated to the Great Lakes port 
        range under paragraph (2) may not be reallocated or 
        diverted to another port range to meet those 
        requirements to the extent that the total tonnage of 
        commodities to which paragraph (2) applies that is 
        furnished and transported from the Great Lakes port 
        range is less than 25 percent of the total annual 
        tonnage of the commodities furnished.
          (4) Awarding contracts.--In awarding a contract for 
        the transportation by vessel of commodities from the 
        Great Lakes port range pursuant to an export activity 
        referred to in subsection (b), an agency--
                  (A) shall consider expressions of freight 
                interest for any vessel from a vessel operator 
                who meets reasonable requirements for financial 
                and operational integrity; and
                  (B) may not deny award of the contract to a 
                person based on the type of vessel on which the 
                transportation would be provided (including on 
                the basis that the transportation would not be 
                provided on a liner vessel, as that term is 
                used in the Shipping Act of 1984, as in effect 
                on November 14, 1995), if the person otherwise 
                satisfies reasonable requirements for financial 
                and operational integrity.
          (5) Nonavailability of vessels.--A determination of 
        nonavailability of vessels of the United States 
        resulting from the application of this subsection may 
        not reduce the gross tonnage of commodities required by 
        this section and section 55305 of this title to be 
        transported on vessels of the United States.

             LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT

SEC. 2. DEFINITIONS.

                            [33 U.S.C. 902]

  When used in this Act--
          (1) The term ``person'' means individual, 
        partnership, corporation, or association.
          (2) The term ``injury'' means accidental injury or 
        death arising out of and in the course of employment, 
        and such occupational disease or infection as arises 
        naturally out of such employment or as naturally or 
        unavoidably results from such accidental injury, and 
        includes an injury caused by the willful act of a third 
        person directed against an employee because of his 
        employment.
          (3) The term ``employee'' means any person engaged in 
        maritime employment, including any longshoreman or 
        other person engaged in longshoring operations, and any 
        harbor-worker including a ship repairman, shipbuilder, 
        and ship-breaker, but such term does not include--
                  (A) individuals employed exclusively to 
                perform office clerical, secretarial, security, 
                or data processing work;
                  (B) individuals employed by a club, camp, 
                recreational operation, restaurant, museum, or 
                retail outlet;
                  (C) individuals employed by a marina and who 
                are not engaged in construction, replacement, 
                or expansion of such marina (except for routine 
                maintenance);
                  (D) individuals who (i) are employed by 
                suppliers, transporters, or vendors, (ii) are 
                temporarily doing business on the premises of 
                an employer described in paragraph (4), and 
                (iii) are not engaged in work normally 
                performed by employees of that employer under 
                this Act;
                  (E) acquaculture workers;
                  [(F) individuals employed to build, repair, 
                or dismantle any recreational vessel under 
                sixty-five feet in length;]
                  (F) individuals who--
                          (i) are employed to manufacture any 
                        recreational vessel under 165 feet in 
                        length; or
                          (ii) are employed to repair any 
                        recreational vessel or to dismantle any 
                        part of any recreational vessel in 
                        connection with repair of the vessel;
                  (G) a master or member of a crew of any 
                vessel; or
                  (H) any person engaged by a master to load or 
                unload or repair any small vessel under 
                eighteen tons net; if individuals described in 
                clauses (A) through (F) are subject to coverage 
                under a State workers' compensation law.
          (4) The term ``employer'' means an employer any of 
        whose employees are employed in maritime employment, in 
        whole or in part, upon the navigable waters of the 
        United States (including any adjoining pier, wharf, dry 
        dock, terminal, building way, marine railway, or other 
        adjoining area customarily used by an employer in 
        loading, unloading, repairing, or building a vessel).
          (5) The term ``carrier'' means any person or fund 
        authorized under section 32 to insure under this Act 
        and includes self-insurers.
          (6) The term ``Secretary'' means the Secretary of 
        Labor.
          (7) The term ``deputy commissioner'' means the deputy 
        commissioner having jurisdiction in respect of an 
        injury or death.
          (8) The term ``State'' includes a Territory and the 
        District of Columbia.
          (9) The term ``United States'' when used in a 
        geographical sense means the several States and 
        Territories and the District of Columbia, including the 
        territorial waters thereof.
          (10) ``Disability'' means incapacity because of 
        injury to earn the wages which the employee was 
        receiving at the time of injury in the same or any 
        other employment; but such term shall mean permanent 
        impairment, determined (to the extent covered thereby) 
        under the guides to the evaluation of permanent 
        impairment promulgated and modified from time to time 
        by the American Medical Association, in the case of an 
        individual whose claim is described in section 
        10(d)(2).
          (11) ``Death'' as a basis for a right to compensation 
        means only death resulting from an injury.
          (12) ``Compensation'' means the money allowance 
        payable to an employee or to his dependents as provided 
        for in this Act, and includes funeral benefits provided 
        therein.
          (13) The term ``wages'' means the money rate at which 
        the service rendered by an employee is compensated by 
        an employer under the contract of hiring in force at 
        the time of the injury, including the reasonable value 
        of any advantage which is received from the employer 
        and included for purposes of any withholding of tax 
        under subtitle C of the Internal Revenue Code of 1954 
        (relating to employment taxes). The term wages does not 
        include fringe benefits, including (but not limited to) 
        employer payments for or contributions to a retirement, 
        pension, health and welfare, life insurance, training, 
        social security or other employee or dependent benefit 
        plan for the employee's or dependent's benefit, or any 
        other employee's dependent entitlement.
          (14) ``Child'' shall include a posthumous child, a 
        child legally adopted prior to the injury of the 
        employee, a child in relation to whom the deceased 
        employee stood in loco parentis for at least one year 
        prior to the time of injury, and a stepchild or 
        acknowledged illegitimate child dependent upon the 
        deceased, but does not include married children unless 
        wholly dependent on him. ``Grandchild'' means a child 
        as above defined of a child as above defined. 
        ``Brother'' and ``sister'' include stepbrothers and 
        stepsisters, half brothers and half sisters, and 
        brothers and sisters by adoption, but does not include 
        married brothers nor married sisters unless wholly 
        dependent on the employee. ``Child'', ``grandchild'', 
        ``brother'', and ``sister'' include only a person who 
        is under eighteen years of age, or who, though eighteen 
        years of age or over, is (1) wholly dependent upon the 
        employee and incapable of self-support by reason of 
        mental or physical disability, or (2) a student as 
        defined in paragraph (19) of this section.
          (15) The term ``parent'' includes step-parents and 
        parents by adoption, parents-in-law, and any person who 
        for more than three years prior to the death of the 
        deceased employee stood in the place of a parent to 
        him, if dependent on the injured employee.
          (16) The terms ``widow or widower'' includes only the 
        decedent's wife or husband living with or dependent for 
        support upon him or her at the time of his or her 
        death; or living apart for justifiable cause or by 
        reason of his or her desertion at such time.
          (17) The terms ``adoption'' or ``adopted'' mean legal 
        adoption prior to the time of the injury.
          (18) The term ``student'' means a person regularly 
        pursuing a full-time course of study or training at an 
        institution which is--
                  (A) a school or college or university 
                operated or directly supported by the United 
                States, or by any State or local government or 
                political subdivision thereof,
                  (B) a school or college or university which 
                has been accredited by a State or by a State 
                recognized or nationally recognized accrediting 
                agency or body,
                  (C) a school or college or university not so 
                accredited but whose credits are accepted, on 
                transfer, by not less than three institutions 
                which are so accredited, for credit on the same 
                basis as if transferred from an institution so 
                accredited, or
                  (D) an additional type of educational or 
                training institution as defined by the 
                Secretary, but not after he reaches the age of 
                twenty-three or has completed four years of 
                education beyond the high school level, except 
                that, where his twenty-third birthday occurs 
                during a semester or other enrollment period, 
                he shall continue to be considered a student 
                until the end of such semester or other 
                enrollment period. A child shall not be deemed 
                to have ceased to be a student during any 
                interim between school years if the interim 
                does not exceed five months and if he shows to 
                the satisfaction of the Secretary that he has a 
                bona fide intention of continuing to pursue a 
                full-time course of education or training 
                during the semester or other enrollment period 
                immediately following the interim or during 
                periods of reasonable duration during which, in 
                the judgment of the Secretary, he is prevented 
                by factors beyond his control from pursuing his 
                education. A child shall not be deemed to be a 
                student under this Act during a period of 
                service in the Armed Forces of the United 
                States.
          (19) The term ``national average weekly wage'' means 
        the national average weekly earnings of production or 
        nonsupervisory workers on private nonagricultural 
        payrolls.
          (20) The term ``Board'' shall mean the Benefits 
        Review Board.
          (21) Unless the context requires otherwise, the term 
        ``vessel'' means any vessel upon which or in connection 
        with which any person entitled to benefits under this 
        Act suffers injury or death arising out of or in the 
        course of his employment, and said vessel's owner, 
        owner pro hac vice, agent, operator, charter or bare 
        boat charterer, master, officer, or crew member.
          (22) The singular includes the plural and the 
        masculine includes the feminine and neuter.

                                  
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