12 2 STA T .4763PUBLIC LA W 11 0– 417 —O CT. 14 , 200 8‘ ‘ (iv) i sotherw ise re qu ire dby the S e c ret a ryo fD efe n se to be aboard the vesse l. ‘‘( 2 ) BACKGROUND C HE CK. — ‘‘( A ) I N GENERA L .— T his section shall not a p ply to an individual unless— ‘‘(i) the na m e and other necessary identifyin g information for the individual is submitted to the Sec - retary for a bac k ground check
and ‘‘(ii) e x cept as provided in subparagraph (B) , the individual successfully passes a background check by the Secretary prior to going aboard the vessel. ‘‘(B) W A IV ER.—The Secretary may waive the applica- tion of subparagraph (A)(ii) for an individual who holds a merchant mariner ’ s document issued under chapter 73 of title 46 , U nited States C ode, or a transportation security card issued under section 7 01 0 5 of such title. ‘‘(3) EX E MPT ED INDIVIDUAL NOT TREATED A S IN ADDITION TO THE CRE W .—An individual who, under paragraph (1), is not treated as a riding gang member shall not be counted as an individual in addition to the crew for the purposes of section 3304 of title 46, United States Code.’’. SEC.350 5. MAINT ENANCE AN DR E P AIR REIM BU RSEMENT PR OG RAM F ORT H E MARITIME SECURIT Y F L EET. Section 3517(a) of the M aritime Security Act of 2003 (46 U.S.C. 53101 note; as amended by section 3503 of the N ational Defense Authori z ation Act for F iscal Y ear 2006 (11 9 Stat. 354 8 )) is amended by adding at the end the following
‘‘(3) EXISTING OPERATING AGREEMENTS.—The Secretary of Transportation shall, sub j ect to the availability of appropria- tions, seek to enter into an agreement under this section with one or more contractors under an operating agreement under that chapter that is in effect on the date of the enactment of this paragraph, regarding maintenance and repair of all vessels that are subject to the operating agreement.’’. SEC. 350 6 . TEMPORARY PROGRAM AUTHORI Z ING CONTRACTS W ITH AD J UNCT PROFESSORS AT THE UNITED STATES MER - CHANT MARINE ACADEMY AND FOR OTHER PURPOSES. (a) IN G ENERAL.—The Maritime Administrator may establish a temporary program for the purpose of, subject to the availability of appropriations, contracting with individuals as personal services contractors to provide services as adjunct professors at the Academy, if the Maritime Administrator determines that there is a need for adjunct professors and the need is not of permanent duration. (b) CONTRACT R E Q UIREMENTS.—Each contract under the pro- gram— (1) must be approved by the Maritime Administrator; (2) subject to paragraph (3), shall be for a duration, including options, of not to exceed one year unless the Maritime Administrator finds that exceptional circumstances justify an extension of up to one additional year; and (3) shall terminate not later than 6 months after the termi- nation of contract authority under subsection (d). (c) L IMITATION ON NUM B ERO F CONTRACTORS.—In awarding contacts under the program, the Maritime Administrator shall ensure that not more than 25 individuals actively provide services Terminat i o n d ate .46USC5310 1 note.
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