Duncan Hunter National Defense Authorization Act for Fiscal Year 2009/Title XXXV

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TITLE XXXIV—MARITIME ADMINISTRATION[edit]

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.[edit]

Funds are hereby authorized to be appropriated for fiscal year 2009, to be available without fiscal year limitation if so provided in appropriations Acts, for the use of the Department of Transportation for the Maritime Administration as follows:
(1) For expenses necessary for operations and training activities, $142,803,000, of which--
(A) $79,858,000 shall remain available until expended for expenses at the United States Merchant Marine Academy,
(B) $26,640,000 shall remain available until expended for capital improvements at the United States Merchant Marine Academy, and
(C) $10,987,000 shall remain available until expended for maintenance and repair of school ships of the State Maritime Academies.
(2) For expenses to maintain and preserve a United States-flag merchant fleet to serve the national security needs of the United States under chapter 531 of title 46, Unites States Code, $193,500,000, of which $19,500,000 will be available for costs associated with the maintenance reimbursement pilot program under section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 note).
(3) For expenses to dispose of obsolete vessels in the National Defense Reserve Fleet, $18,000,000.
(4) For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under the program authorized by chapter 537 of title 46, United States Code, $30,000,000.
(5) For administrative expenses related to the implementation of the loan guarantee program under chapter 537 of title 46, United States Code, administrative expenses related to implementation of the reimbursement program under section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 note), and administrative expenses related to the implementation of the small shipyards and maritime communities assistance program under section 54101 of title 46, United States Code, $6,000,000.

SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY THE GOVERNMENT OF THE UNITED STATES FOR THE PURPOSE OF DISMANTLING, RECYCLING, OR SCRAPPING.[edit]

(a) In General—
Except as provided in subsection (b), no vessel that is owned by the Government of the United States shall be approved for export to a foreign country for purposes of dismantling, recycling, or scrapping.
(b) Exception—
Subsection (a) shall not apply with respect to a vessel if the Administrator of the Maritime Administration certifies to the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that--
(1) a compelling need for dismantling, recycling, or scrapping the vessel exists;
(2) there is no available capacity in the United States to conduct the dismantling, recycling, or scrapping of the vessel;
(3) any dismantling, recycling, or scrapping of the vessel in a foreign country will be conducted in full compliance with environmental, safety, labor, and health requirements for ship dismantling, recycling, or scrapping that are equivalent to the laws of the United States; and
(4) the export of the vessel under this section will only be for dismantling, recycling, or scrapping of the vessel.
(c) United States Defined—
In this section the term `United States' means the States of the United States, Puerto Rico, and Guam.

SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS.[edit]

Section 51509(b) of title 46, United States Code, is amended--
(1) by striking `$4,000' and inserting `$8,000';
(2) by inserting `tuition,' after `uniforms,'; and
(3) by inserting `before the start of each academic year' after `and be paid'.

SEC. 3504. RIDING GANG MEMBER REQUIREMENTS.[edit]

Section 1018 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2380) is amended to read as follows:
`SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.
`(a) 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--
`(1) subject to paragraph (2), 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 as provided in section 8106 of title 46, United States Code; and
`(2) require that riding gang members hold a merchant mariner's document issued under chapter 73 of title 46, United States Code, or a transportation security card issued under section 70105 of such title.
`(b) Exemption-
`(1) IN GENERAL- In accordance with regulations issued by the Secretary of Defense, an individual shall not be treated as a riding gang member for the purposes of section 8106 of title 46, United States Code, and this section if--
`(A) the individual is aboard a vessel that 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) the individual--
`(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.
`(2) BACKGROUND CHECK-
`(A) IN GENERAL- This section shall not apply to an individual unless--
`(i) the name and other necessary identifying information for the individual is submitted to the Secretary for a background check; and
`(ii) except as provided in subparagraph (B), the individual successfully passes a background check by the Secretary prior to going aboard the vessel.
`(B) WAIVER- The Secretary may waive the application of subparagraph (A)(ii) for an individual who holds a merchant mariner's document issued under chapter 73 of title 46, United States Code, or a transportation security card issued under section 70105 of such title.
`(3) EXEMPTED INDIVIDUAL NOT TREATED AS IN ADDITION TO THE CREW- 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. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM FOR THE MARITIME SECURITY FLEET.[edit]

Section 3517(a) of the Maritime Security Act of 2003 (46 U.S.C. 53101 note; as amended by section 3503 of the National Defense Authorization Act for Fiscal Year 2006 (119 Stat. 3548)) is amended by adding at the end the following:
`(3) EXISTING OPERATING AGREEMENTS- The Secretary of Transportation shall, subject to the availability of appropriations, 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. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH ADJUNCT PROFESSORS AT THE UNITED STATES MERCHANT MARINE ACADEMY AND FOR OTHER PURPOSES.[edit]

(a) In General—
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 Requirements—
Each contract under the program--
(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 termination of contract authority under subsection (d).
(c) Limitation on Number of Contractors—
In awarding contacts under the program, the Maritime Administrator shall ensure that not more than 25 individuals actively provide services in any one academic trimester, or equivalent, as contractors under the program.
(d) Termination of Contracting Authority—
The authority to award contracts under the program shall terminate upon the end of the academic year 2008-2009.
(e) Existing Contracts—
Any contract entered into before the effective date of this section for the services of an adjunct professor at the Academy shall remain in effect for the trimester (or trimesters) for which the services were contracted.
(f) Definitions—
In this section:
(1) ACADEMY—
The term `Academy' means the United States Merchant Marine Academy.
(2) MARITIME ADMINISTRATOR—
The term `Maritime Administrator' means the Administrator of the Maritime Administration, or a designee of the Administrator.
(3) PROGRAM—
The term `program' means the program established under subsection (a).
(g) Gifts to the Academy-
(1) IN GENERAL—
Chapter 513 of title 46, United States Code, is amended by adding at the end thereof the following:
`Sec. 51315. Gifts to the Merchant Marine Academy
`(a) In General- The Maritime Administrator may accept and use conditional or unconditional gifts of money or property for the benefit of the United States Merchant Marine Academy, including acceptance and use for non-appropriated fund instrumentalities of the Merchant Marine Academy. The Maritime Administrator may accept a gift of services in carrying out the Administrator's duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, in accordance with the terms of the gift.
`(b) Establishment of Academy Gift Fund- There is established in the Treasury a fund, to be known as the `Academy Gift Fund'. Disbursements from the Fund shall be made on order of the Maritime Administrator. Unless otherwise specified by the terms of the gift, the Maritime Administrator may use monies in the Fund for appropriated or non-appropriated purposes at the Academy. The Fund consists of--
`(1) gifts of money;
`(2) income from donated property accepted under this section;
`(3) proceeds from the sale of donated property; and
`(4) income from securities under subsection (c) of this section.
`(c) Investment of Fund Balances- On request of the Maritime Administrator, the Secretary of the Treasury may invest and reinvest amounts in the Fund in securities of, or in securities the principal and interest of which is guaranteed by, the United States Government.
`(d) Disbursement Authority- There are hereby authorized to be disbursed from the Fund such sums as may be on deposit, to remain available until expended.
`(e) Deductibility of Gifts- Gifts accepted under this section are a gift to or for the use of the Government under the Internal Revenue Code of 1986.'.
(2) CONFORMING AMENDMENT—
The chapter analysis for chapter 513 of title 46, United States Code, is amended by adding at the end the following:
`51315. Gifts to the Merchant Marine Academy.'.
(h) Temporary Appointments to the Academy-
(1) IN GENERAL—
Chapter 513 of title 46, United States Code, as amended by section 3513 of this Act, is further amended by adding at the end thereof the following:
`Sec. 51316. Temporary appointments to the Academy
`Notwithstanding any other provision of law, the Maritime Administrator may appoint any present employee of the United States Merchant Marine Academy non-appropriated fund instrumentality to a position on the General Schedule of comparable pay. Eligible personnel shall be engaged in work permissibly funded by annual appropriations, and such appointments to the Civil Service shall be without regard to competition, for a term not to exceed 2 years.'.
(2) CONFORMING AMENDMENT—
The chapter analysis for chapter 513 of title 46, United States Code, as amended by section 3513 of this Act, is further amended by adding at the end the following:
`51316. Temporary appointments to the Academy.'.

SEC. 3507. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE AT THE UNITED STATES MERCHANT MARINE ACADEMY.[edit]

(a) Required Policy—
The Secretary of Transportation shall direct the Superintendent of the United States Merchant Marine Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.
(b) Matters To Be Specified in Policy—
The policy on sexual harassment and sexual violence prescribed under this section shall include--
(1) a program to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel;
(2) procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual violence, including--
(A) a specification of the person or persons to whom an alleged occurrence of sexual harassment or sexual violence should be reported by a cadet and the options for confidential reporting;
(B) a specification of any other person whom the victim should contact; and
(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault;
(3) a procedure for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel;
(4) any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible; and
(5) required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel.
(c) Annual Assessment-
(1) The Secretary shall direct the Superintendent to conduct an assessment at the Academy during each Academy program year, to be administered by the Department of Transportation, to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual violence involving Academy personnel.
(2) For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey, to be administered by the Department, of Academy personnel--
(A) to measure--
(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and
(ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and
(B) to assess the perceptions of Academy personnel of--
(i) the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual harassment and sexual violence involving Academy personnel; and
(iv) any other issues relating to sexual harassment and sexual violence involving Academy personnel.
(d) Annual Report-
(1) The Secretary shall direct the Superintendent of the Academy to submit to the Secretary a report on sexual harassment and sexual violence involving cadets or other personnel at the Academy for each Academy program year.
(2) Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following:
(A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during the program year and, of those reported cases, the number that have been substantiated.
(B) The policies, procedures, and processes implemented by the Superintendent and the leadership of the Academy in response to sexual harassment and sexual violence involving cadets or other Academy personnel during the program year.
(C) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving cadets or other Academy personnel.
(3) Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year under subsection (c)(2).
(4)(A) The Superintendent shall transmit to the Secretary, and to the Board of Visitors of the Academy, each report received by the Superintendent under this subsection, together with the Superintendent's comments on the report.
(B) The Secretary shall transmit each such report, together with the Secretary's comments on the report, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.