AMENDMENTS BASED ON PUBLIC LAW 109–364.

SEC. 3526. AMENDMENTS BASED ON PUBLIC LAW 109–364.(a) Updating of Cross References.—Section 1017(b)(2) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364, 10 U.S.C. 2631 note) is amended by striking “section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 883), section 12106 of title 46, United States Code, and section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)” and inserting “sections 12112, 50501, and 55102 of title 46, United States Code”.(b) Section 51306(e).—(1) In general.—Section 51306 of title 46, United States Code, is amended by adding at the end the following:“(e) Alternative Service.—“(1) Service as commissioned officer.—An individual who, for the 5-year period following graduation from the Academy, serves as a commissioned officer on active duty in an armed force of the United States or as a commissioned officer of the National Oceanic and Atmospheric Administration or the Public Health Service shall be excused from the requirements of paragraphs (3) through (5) of subsection (a).“(2) Modification or waiver.—The Secretary may modify or waive any of the terms and conditions set forth in subsection (a) through the imposition of alternative service requirements.”.(2) Application.—Section 51306(e) of title 46, United States Code, as added by paragraph (1), applies only to an individual who enrolls as a cadet at the United States Merchant Marine Academy, and signs an agreement under section 51306(a) of title 46, after October 17, 2006.(c) Section 51306(f).—(1) In general.—Section 51306 of title 46, United States Code, is further amended by adding at the end the following:“(f) Service Obligation Performance Reporting Requirement.—“(1) In general.—Subject to any otherwise applicable restrictions on disclosure in section 552a of title 5, the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating, the Administrator of the National Oceanic 122 STAT. 602 and Atmospheric Administration, and the Surgeon General of the Public Health Service—“(A) shall report the status of obligated service of an individual graduate of the Academy upon request of the Secretary; and“(B) may, in their discretion, notify the Secretary of any failure of the graduate to perform the graduate’s duties, either on active duty or in the Ready Reserve component of their respective service, or as a commissioned officer of the National Oceanic and Atmospheric Administration or the Public Health Service, respectively.“(2) Information to be provided.—A report or notice under paragraph (1) shall identify any graduate determined to have failed to comply with service obligation requirements and provide all required information as to why such graduate failed to comply.“(3) Considered as in default.—Upon receipt of such a report or notice, such graduate may be considered to be in default of the graduate’s service obligations by the Secretary, and subject to all remedies the Secretary may have with respect to such a default.”.(2) Application.—Section 51306(f) of title 46, United States Code, as added by paragraph (1), does not apply with respect to an agreement entered into under section 51306(a) of title 46, United States Code, before October 17, 2006.(d) Section 51509(c).—Section 51509(c) of title 46, United States Code, is amended—(1) by striking “Midshipman and” in the subsection heading and “midshipman and” in the text; and(2) inserting “or the Coast Guard Reserve” after “Reserve)”.(e) Section 51908(a).—Section 51908(a) of title 46, United States Code, is amended by striking “under this chapter” and inserting “by this chapter or the Secretary of Transportation”.(f) Section 53105(e)(2).—Section 53105(e)(2) of title 46, United States Code, is amended by striking “section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802),” and inserting “section 50501 of this title”.(g) Repeal of Superseded Amendments.—Sections 3505, 3506, 3508, and 3510(a) and (b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) are repealed.