II 

Calendar No. 252 

112TH CONGRESS 

1ST SESSION S. 1430 

[Report No. 112–99] 

To authorize certain maritime programs of the Department of Transportation, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2011 

Mr. LAUTENBERG (for himself and Mr. ROCKEFELLER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

DECEMBER 7, 2011 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To authorize certain maritime programs of the Department 

of Transportation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 46, 

2 UNITED STATES CODE; TABLE OF CONTENTS. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Maritime Administration Authorization Act for Fiscal 

5 Year 2012’’. 

6 (b) AMENDMENT OF TITLE 46, UNITED STATES

7 CODE.—Except as otherwise expressly provided, whenever 

8 in this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or a repeal of, a section or other 

10 provision, the reference shall be considered to be made to 

11 a section or other provision of title 46, United States 

12 Code. 

13 (c) TABLE OF CONTENTS.—The table of contents for 

14 this Act is as follows: 

Sec. 1. Short title; amendment of title 46, United States Code; table of contents. 

Sec. 2. Marine transportation system. 

Sec. 3. Short sea transportation program amendments. 

Sec. 4. Use of National Defense Reserve Fleet and Ready Reserve Force Vessels. 

Sec. 5. Green ships program. 

Sec. 6. Recycling of National Defense Reserve Fleet Vessels. 

Sec. 7. Ship scrapping reporting requirement. 

Sec. 8. Extension of Maritime Security Fleet Program. 

Sec. 9. Maritime Workforce Study. 

Sec. 10. Authorization of appropriations for fiscal year 2012. 

15 SEC. 2. MARINE TRANSPORTATION SYSTEM. 

16 (a) REPORT ON STATUS OF SYSTEM.—Section 

17 50109(d) is amended to read as follows: 

18 ‘‘(d) MARINE TRANSPORTATION SYSTEM.— 

19 ‘‘(1) REPORT ON WATERWAYS.—Not later than 

20 July 31, 2012, the Secretary, in consultation with 


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1 the Secretary of Defense and the commanding offi2 cer of the Army Corps of Engineers, and with the 

3 concurrence of the Secretary of the department in 

4 which the Coast Guard is operating, shall submit a 

5 report to the Committee on Commerce, Science, and 

6 Transportation of the Senate and the Committee on 

7 Armed Services and the Committee on Transpor8 tation and Infrastructure of the House of Represent9 atives on the status of the Nation’s coastal and in10 land waterways that— 

11 ‘‘(A) describes the state of the United 

12 States marine transportation infrastructure, in13 cluding intercoastal infrastructure, intracoastal 

14 infrastructure, inland waterway infrastructure, 

15 ports, and marine facilities; 

16 ‘‘(B) provides estimates of the investment 

17 levels required— 

18 ‘‘(i) to maintain the infrastructure; 

19 and 

20 ‘‘(ii) to improve the infrastructure; 

21 and 

22 ‘‘(C) describes the overall environmental 

23 management of the maritime transportation 

24 system and the integration of environmental 

25 stewardship into the overall system. 


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1 ‘‘(2) MARINE TRANSPORTATION.—The Sec2 retary may investigate, make determinations con3 cerning, and develop a repository of statistical infor4 mation relating to marine transportation, including 

5 its relationship to transportation by land and air, to 

6 facilitate research, assessment, and maintenance of 

7 the maritime transportation system. As used in this 

8 paragraph, the term ‘marine transportation’ includes 

9 intercoastal transportation, intracoastal transpor10 tation, inland waterway transportation, ports, and 

11 marine facilities. 

12 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to the Sec14 retary such sums as may be necessary to carry out 

15 this subsection.’’. 

16 (b) CONTAINER-ON-BARGE TRANSPORTATION.— 

17 (1) ASSESSMENT AND REPORT.—Not later than 

18 6 months after the date of enactment of this Act, 

19 the Maritime Administration shall assess the poten20 tial for using container-on-barge transportation on 

21 the inland waterways system and submit a report, 

22 together with the Administration’s findings, conclu23 sions, and recommendations, to the Committee on 

24 Commerce, Science, and Transportation of the Sen25 ate and the Committee on Armed Services and the 


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1 Committee on Transportation and Infrastructure of 

2 the House of Representatives. If the Administration 

3 determines that it would be in the public interest, 

4 the report may include recommendations for a plan 

5 to increase awareness of the potential for use of 

6 such container-on-barge transportation and rec7 ommendations for the development and implementa8 tion of such a plan. 

9 (2) FACTORS.—In conducting the assessment, 

10 the Administration shall consider— 

11 (A) the environmental benefits of increas12 ing container-on-barge movements on our in13 land and intracoastal waterways system; 

14 (B) regional differences in the inland wa15 terways system; 

16 (C) existing programs established at coast17 al and Great Lakes ports for establishing 

18 awareness of deep sea shipping operations; 

19 (D) mechanisms to ensure that implemen20 tation of the plan will not be inconsistent with 

21 antitrust laws; and 

22 (E) potential frequency of service at inland 

23 river ports. 


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1 SEC. 3. SHORT SEA TRANSPORTATION PROGRAM AMEND2 MENTS. 

3 (a) PROGRAM PURPOSE.—Section 55601(a) is 

4 amended by inserting ‘‘and to promote more efficient use 

5 of the navigable waters of the United States’’ after ‘‘con6 gestion’’. 

7 (b) DESIGNATION OF ROUTES.—Section 55601(c) is 

8 amended by inserting ‘‘and to promote more efficient use 

9 of the navigable waters of the United States’’ after ‘‘coast10 al corridors’’. 

11 (c) PROJECT DESIGNATION.—Section 55601(d) is 

12 amended to read as follows: 

13 ‘‘(d) PROJECT DESIGNATION.—The Secretary may 

14 designate a project as a short sea transportation project 

15 if the Secretary determines that the project— 

16 ‘‘(1) mitigates landside congestion; or 

17 ‘‘(2) promotes more efficient use of the navi18 gable waters of the United States.’’. 

19 (d) DOCUMENTATION.—Section 55605 is amended by 

20 striking ‘‘by vessel’’ and inserting ‘‘by a documented ves21 sel’’. 

22 SEC. 4. USE OF NATIONAL DEFENSE RESERVE FLEET AND 

23 READY RESERVE FORCE VESSELS. 

24 Section 11 of the Merchant Ship Sales Act of 1946 

25 (50 U.S.C. App. 1744), is amended— 

26 (1) in subsection (b)— 


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1 (A) by striking ‘‘or’’ in paragraph (4) after 

2 the semicolon; 

3 (B) by striking the period at the end of 

4 paragraph (5) and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(6) for civil contingency operations and Mari7 time Administration promotional and media events 

8 under subsection (f).’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(f) CIVIL CONTINGENCY OPERATIONS AND PRO11 MOTIONAL AND MEDIA EVENTS.—The Secretary of 

12 Transportation may allow, with the concurrence of the 

13 Secretary of Defense, the use of a vessel in the National 

14 Defense Reserve Fleet for civil contingency operations re15 quested by another Federal agency, and for Maritime Ad16 ministration promotional and media events that are re17 lated to demonstration projects and research and develop18 ment supporting the Maritime Administration’s mission, 

19 if the Secretary of Transportation determines the use of 

20 the vessel is in the best interest of the United States Gov21 ernment after— 

22 ‘‘(1) considering the availability of the National 

23 Defense Reserve Fleet and Ready Reserve Force re24 sources; 


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1 ‘‘(2) considering the impact on National De2 fense Reserve Fleet and Ready Reserve Force mis3 sion support to the defense and homeland security 

4 requirements of the United States Government; 

5 ‘‘(3) ensuring that the use of the vessel sup6 ports the mission of the Maritime Administration 

7 and does not significantly interfere with vessel main8 tenance, repair, safety, readiness, or resource avail9 ability; 

10 ‘‘(4) ensuring that safety precautions are taken, 

11 including indemnification of liability, when applica12 ble; 

13 ‘‘(5) ensuring that any cost incurred by the use 

14 of the vessel is funded as a reimbursable transaction 

15 between Federal agencies, as applicable; and 

16 ‘‘(6) considering any other factors the Secretary 

17 of Transportation determines are appropriate.’’. 

18 SEC. 5. GREEN SHIPS PROGRAM. 

19 (a) IN GENERAL.—Chapter 503 is amended by add20 ing at the end the following: 

21 ‘‘SEC. § 50307. GREEN SHIPS PROGRAM 

22 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

23 may establish a green ships program to engage in the envi24 ronmental study, research, development, assessment, and 

25 deployment of emerging marine technologies through the 


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1 use of public vessels under the control of the Maritime 

2 Administration or private vessels under United States reg3 istry, and through partnerships and cooperative efforts 

4 with academic, public, private, and non-governmental enti5 ties. 

6 ‘‘(b) PROGRAM REQUIREMENTS.—The program— 

7 ‘‘(1) shall identify, evaluate, test, demonstrate, 

8 or improve emerging marine technologies that are 

9 likely to achieve environmental improvements— 

10 ‘‘(A) by reducing air emissions, water 

11 emissions, or other ship discharges; 

12 ‘‘(B) by increasing fuel economy or the use 

13 of alternative fuels; or 

14 ‘‘(C) by controlling aquatic invasive spe15 cies; and 

16 ‘‘(2) shall be coordinated with the Environ17 mental Protection Agency, the United States Coast 

18 Guard, and other Federal, State, local, or tribal 

19 agencies, as appropriate. 

20 ‘‘(c) PROGRAM COORDINATION.—Program coordina21 tion under subsection (b)(2) may include— 

22 ‘‘(1) activities that are associated with the de23 velopment or approval of validation and testing re24 gimes; and 


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1 ‘‘(2) certification or validation of emerging 

2 technologies that demonstrate significant environ3 mental benefits. 

4 ‘‘(d) FUNDING AND FEES.— 

5 ‘‘(1) IN GENERAL.—In carrying out the green 

6 ships program, the Secretary of Transportation may 

7 apply such funds as may be appropriated and such 

8 funds or resources as may become available by gift, 

9 cooperative agreement, or otherwise, including the 

10 collection of fees, for the purposes of the program 

11 and its administration. 

12 ‘‘(2) ESTABLISHMENT OF FEES.—Pursuant to 

13 section 9701 of title 31, the Secretary of Transpor14 tation may promulgate regulations establishing fees 

15 to recover reasonable costs to the Secretary and to 

16 academic, public, and non-governmental entities as17 sociated with the program. 

18 ‘‘(3) FEE DEPOSIT.—Any fees collected under 

19 this section shall be deposited in a special fund of 

20 the United States Treasury for services rendered 

21 under the program, which thereafter shall remain 

22 available until expended to carry out the Secretary 

23 of Transportation’s activities for which the fees were 

24 collected. 


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1 ‘‘(e) REPORT.—The Secretary of Transportation 

2 shall report on the activities, expenditures, and results of 

3 the green ships program during the preceding fiscal year 

4 in the annual budget submission to Congress.’’. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents for chapter 503 is amended by inserting after the 

7 item relating to section 50306 the following: 

‘‘50307. Green ships program.’’. 

8 SEC. 6. RECYCLING OF NATIONAL DEFENSE RESERVE 

9 FLEET VESSELS. 

10 Section 113(e)(15) of title 40, United States Code, 

11 is amended to read as follows: 

12 ‘‘(15) the Maritime Administration with respect 

13 to the acquisition, procurement, operation, mainte14 nance, preservation, sale, lease, charter, construc15 tion, reconstruction, reconditioning (including outfit16 ting and equipping incidental to construction, recon17 struction, or reconditioning), or disposal for recy18 cling (including related contracts for towing, dry19 docking, sale or purchase of services for recycling, 

20 and vessel management), of a merchant vessel or 

21 shipyard, ship site, terminal, pier, dock, warehouse, 

22 or other installation necessary or appropriate for 

23 carrying out a program of the Administration au24 thorized by law or non-administrative activities inci25 dental to a program of the Administration authorVerDate Mar 15 2010 22:59 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1430.RS S1430

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1 ized by law, but the Administration shall, to the 

2 maximum extent it considers practicable, consistent 

3 with the purposes of its programs and the effective, 

4 efficient conduct of its activities, coordinate its oper5 ations with the requirements of this subtitle and 

6 with policies and regulations prescribed under this 

7 subtitle;’’. 

8 SEC. 7. SHIP SCRAPPING REPORTING REQUIREMENT. 

9 Section 3502 of the Floyd D. Spence National De10 fense Authorization Act for Fiscal Year 2001 (enacted 

11 into law by section 1 of Public Law 106–398; 16 U.S.C. 

12 5405 note; 114 Stat. 1654A–490) is amended by amend13 ing subsection (f) to read as follows: 

14 ‘‘(f) The Secretary of Transportation shall provide 

15 briefings, upon request, to the Committee on Commerce, 

16 Science, and Transportation and the Committee on Armed 

17 Forces of the Senate and the Committee on Transpor18 tation and Infrastructure, the Committee on Resources, 

19 and the Committee on Armed Forces of the House of Rep20 resentatives on— 

21 ‘‘(1) the progress made to recycle vessels; 

22 ‘‘(2) any problems encountered in recycling ves23 sels; and 

24 ‘‘(3) any other issues relating to vessel recycling 

25 and disposal.’’. 


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1 SEC. 8. EXTENSION OF MARITIME SECURITY FLEET PRO2 GRAM. 

3 (a) Section 53101 is amended— 

4 (1) by amending paragraph (4) to read as fol5 lows: 

6 ‘‘(4) FOREIGN COMMERCE.—The term ‘foreign 

7 commerce’ means— 

8 ‘‘(A) commerce or trade between the 

9 United States, its territories or possessions, or 

10 the District of Columbia, and a foreign country; 

11 and 

12 ‘‘(B) commerce or trade between foreign 

13 countries.’’; 

14 (2) by striking paragraph (5); 

15 (3) by redesignating paragraphs (6) through 

16 (13) as (5) through (12), respectively; and 

17 (4) by amending paragraph (5), as redesignated 

18 by section 8(a)(3) of this Act, to read as follows: 

19 ‘‘(5) PARTICIPATING FLEET VESSEL.—The 

20 term ‘participating fleet vessel’ means any vessel 

21 that— 

22 ‘‘(A) On October 1, 2015— 

23 ‘‘(i) meets the requirements of paragraph 

24 (1), (2), (3), or (4) of section 53102(c); and 


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1 ‘‘(ii) is less than 20 years of age if the ves2 sel is a tank vessel, or is less than 25 years of 

3 age for all other vessel types; and 

4 ‘‘(B) On December 31, 2014, is covered by an 

5 operating agreement under this chapter.’’. 

6 (b) Section 53102(b) is amended to read as follows: 

7 ‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be 

8 included in the Fleet if— 

9 ‘‘(1) the vessel meets the requirements of para10 graph (1), (2), (3), or (4) of subsection (c); 

11 ‘‘(2) the vessel is operated (or in the case of a 

12 vessel to be constructed, will be operated) in pro13 viding transportation in foreign commerce; 

14 ‘‘(3) the vessel is self-propelled and— 

15 ‘‘(A) is a tank vessel that is 10 years of 

16 age or less on the date the vessel is included in 

17 the Fleet; or 

18 ‘‘(B) is any other type of vessel that is 15 

19 years of age or less on the date the vessel is in20 cluded in the Fleet; 

21 ‘‘(4) the vessel— 

22 ‘‘(A) is suitable for use by the United 

23 States for national defense or military purposes 

24 in time of war or national emergency, as deter25 mined by the Secretary of Defense; and 


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1 ‘‘(B) is commercially viable, as determined 

2 by the Secretary; and 

3 ‘‘(5) the vessel— 

4 ‘‘(A) is a United States-documented vessel; 

5 or 

6 ‘‘(B) is not a United States-documented 

7 vessel, but— 

8 ‘‘(i) the owner of the vessel has dem9 onstrated an intent to have the vessel doc10 umented under chapter 121 of this title if 

11 it is included in the Fleet; and 

12 ‘‘(ii) at the time an operating agree13 ment for the vessel is entered into under 

14 this chapter, the vessel is eligible for docu15 mentation under chapter 121 of this 

16 title.’’. 

17 (c) Section 53103 is amended— 

18 (1) by amending subsection (b) to read as fol19 lows: 

20 ‘‘(b) Extension of Existing Operating Agreements.— 

21 The Secretary is authorized to amend an operating agree22 ment that is in existence on December 31, 2014, for a 

23 participating fleet vessel, or any subsequent replacement 

24 of the participating fleet vessel, to extend the operating 

25 agreement through September 30, 2025. The terms and 


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1 conditions of the extended operating agreement shall in2 clude terms and conditions authorized under this chapter, 

3 as amended from time to time. If a contractor does not 

4 agree to an extended operating agreement before February 

5 28, 2015, the Secretary may award the operating agree6 ment to another contractor. Beginning on February 28, 

7 2015, operating agreements shall not be transferable by 

8 the contractor.’’; and 

9 (2) by amending subsection (c) to read as fol10 lows: 

11 ‘‘(c) PROCEDURE FOR AWARDING NEW OPERATING

12 AGREEMENTS.—The Secretary may enter into a new oper13 ating agreement with an applicant that meets the require14 ments of section 53102(c) (for vessels that meet the quali15 fications of section 53102(b)) on the basis of priority for 

16 vessel type established by military requirements of the 

17 Secretary of Defense. The Secretary shall allow an appli18 cant at least 30 days to submit an application for a new 

19 operating agreement. After consideration of military re20 quirements, priority shall be given to an applicant that 

21 is a U.S. citizen under section 50501 of this title. The 

22 Secretary may not approve an application without the con23 sent of the Secretary of Defense. The Secretary shall enter 

24 into an operating agreement with the applicant or provide 

25 a written reason for denying the application.’’. 


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1 (d) Section 53104 is amended— 

2 (1) in subsection (c), by striking paragraph (3); 

3 and 

4 (2) in subsection (e), by striking ‘‘an operating 

5 agreement under this chapter is terminated under 

6 subsection (c)(3), or if’’. 

7 (e) Section 53105 is amended— 

8 (1) by amending subsection (e) to read as fol9 lows: 

10 ‘‘(e) REPLACEMENT VESSELS.—A contractor may re11 place a vessel under an operating agreement with another 

12 vessel that is eligible to be included in the Fleet under 

13 section 53102(b), if the Secretary, in conjunction with the 

14 Secretary of Defense, approves the replacement of the ves15 sel.’’; and 

16 (2) by striking subsection (f). 

17 (f) Section 53106 is amended— 

18 (1) in subsection (a)(1), by striking ‘‘and (C) 

19 $3,100,000 for each of fiscal years 2012 through 

20 2025.’’ and inserting the following: 

21 ‘‘(C) $3,100,000 for each of fiscal years 

22 2012, 2013, 2014, 2015, 2016, 2017, and 

23 2018; 

24 ‘‘(D) $3,500,000 for each of fiscal years 

25 2019, 2020, and 2021; and 


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1 ‘‘(E) $3,700,000 for each of fiscal years 

2 2022, 2023, 2024, and 2025.’’; 

3 (2) in subsection (c)(3)(C), by striking ‘‘a 

4 LASH vessel.’’ and inserting ‘‘a lighter aboard ship 

5 vessel.’’; and 

6 (3) by striking subsection (f). 

7 (g) Section 53107(b)(1) is amended to read as fol8 lows: 

9 ‘‘(1) IN GENERAL.—An Emergency Prepared10 ness Agreement under this section shall require that 

11 a contractor for a vessel covered by an operating 

12 agreement under this chapter shall make commercial 

13 transportation resources (including services) avail14 able, upon request by the Secretary of Defense dur15 ing a time of war or national emergency, or when16 ever the Secretary of Defense determines that it is 

17 necessary for national security or contingency oper18 ation (as that term is defined in section 101 of title 

19 10, United States Code).’’. 

20 (h) Section 53109 is repealed. 

21 (i) The table of contents for chapter 531 is amended 

22 by striking the item relating to section 53109. 

23 (j) Section 53111 is amended by striking ‘‘and (3) 

24 $186,000,000 for each fiscal year thereafter through fiscal 

25 year 2025.’’ and inserting the following: 


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1 ‘‘(3) $186,000,000 for each of fiscal years 

2 2012, 2013, 2014, 2015, 2016, 2017, and 2018; 

3 ‘‘(4) $210,000,000 for each of fiscal years 

4 2019, 2020, and 2021; and 

5 ‘‘(5) $222,000,000 for each fiscal year there6 after through fiscal year 2025.’’. 

7 (k) Chapter 531 is amended by adding at the end 

8 the following: 

9 ‘‘SEC. § 53112. ACQUISITION OF FLEET VESSELS 

10 ‘‘(a) IN GENERAL.—Notwithstanding section 2218(f) 

11 of title 10, United States Code, upon replacement of any 

12 vessel subject to an operating agreement under this chap13 ter, and subject to agreement by the vessel owner, the Sec14 retary is authorized, subject to concurrence with the Sec15 retary of Defense, to acquire the vessel being replaced for 

16 inclusion in the National Defense Reserve Fleet. 

17 ‘‘(b) REQUIREMENTS.—In order to be eligible for ac18 quisition by the Secretary under this section, a vessel 

19 shall— 

20 ‘‘(1) have been included in a Maritime Security 

21 Program Operating Agreement for not less than 3 

22 years; and 

23 ‘‘(2) meet recapitalization requirements for the 

24 Ready Reserve Force. 


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1 ‘‘(c) FAIR MARKET VALUE.—The Maritime Adminis2 tration shall establish a fair market value for the acquisi3 tion of an eligible vessel under this section. 

4 ‘‘(d) APPROPRIATIONS.—A vessel acquisition under 

5 this section shall be subject to the availability of appro6 priations and the appropriations shall be part of the Na7 tional Defense Reserve Fleet appropriations and separate 

8 from Maritime Security Program appropriations.’’. 

9 (l) EFFECTIVE DATE OF AMENDMENTS.—The 

10 amendments made by— 

11 (1) paragraphs (2), (3), and (4) of section 8(a) 

12 of this Act take effect on December 31, 2014; 

13 (2) section 8(c)(1) of this Act take effect on 

14 December 31, 2014; and 

15 (3) section 8(f)(2) of this Act take effect on De16 cember 31, 2014. 

17 SEC. 9. MARITIME WORKFORCE STUDY. 

18 (a) TRAINING STUDY.—The Comptroller General of 

19 the United States shall conduct a study on the training 

20 needs of the maritime workforce. 

21 (b) STUDY COMPONENTS.—The study shall— 

22 (1) analyze the impact of training requirements 

23 imposed by domestic and international regulations 

24 and conventions, companies, and government agen25 cies that charter or operate vessels; 


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1 (2) evaluate the ability of the Nation’s maritime 

2 training infrastructure to meet the current needs of 

3 the maritime industry; 

4 (3) evaluate the ability of the Nation’s maritime 

5 training infrastructure to effectively meet the needs 

6 of the maritime industry in the future; 

7 (4) identify trends in maritime training; 

8 (5) compare the training needs of U.S. mari9 ners with the vocational training and educational as10 sistance programs available from Federal agencies to 

11 evaluate the ability of Federal programs to meet the 

12 training needs of U.S. mariners; 

13 (6) include recommendations for future pro14 grams to enhance the capabilities of the Nation’s 

15 maritime training infrastructure; and 

16 (7) include recommendations for future pro17 grams to assist U.S. mariners and those entering 

18 the maritime profession achieve the required train19 ing. 

20 (c) FINAL REPORT.—Not later than 1 year after the 

21 date of enactment of this Act, the Comptroller General 

22 shall submit a report on the results of the study to the 

23 Committee on Commerce, Science, and Transportation of 

24 the Senate and the Committee on Transportation and In25 frastructure of the House of Representatives. 


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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS FOR FIS2 CAL YEAR 2012. 

3 There are authorized to be appropriated to the Sec4 retary of Transportation for programs of the Maritime 

5 Administration the following amounts: 

6 (1) OPERATIONS AND TRAINING.—For expenses 

7 necessary for operations and training activities, not 

8 to exceed $161,539,000 for the fiscal year ending 

9 September 30, 2012, of which— 

10 (A) $28,885,000 is for capital improve11 ments at the U.S. Merchant Marine Academy, 

12 to remain available until expended; and 

13 (B) $11,100,000 is for maintenance and 

14 repair for training ships at State Maritime 

15 Schools, to remain available until expended. 

16 (2) MARITIME GUARANTEED LOANS.—For ad17 ministrative expenses related to loan guarantee com18 mitments under chapter 537 of title 46, United 

19 States Code, not to exceed $3,750,000, which shall 

20 be paid to the appropriation for ‘‘Operations and 

21 Training’’, Maritime Administration. 

22 (3) SHIP DISPOSAL.—For disposal of non-reten23 tion vessels in the National Defense Reserve Fleet, 

24 $18,500,000, to remain available until expended. 


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1 SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 46, 

2 UNITED STATES CODE; TABLE OF CONTENTS. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Maritime Administration Authorization Act for Fiscal 

5 Year 2012’’. 

6 (b) AMENDMENT OF TITLE 46, UNITED STATES

7 CODE.—Except as otherwise expressly provided, whenever 

8 in this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or a repeal of, a section or other provi10 sion, the reference shall be considered to be made to a section 

11 or other provision of title 46, United States Code. 

12 (c) TABLE OF CONTENTS.—The table of contents for 

13 this Act is as follows: 

Sec. 1. Short title; amendment of title 46, United States Code; table of contents. 

Sec. 2. Marine transportation system. 

Sec. 3. Short sea transportation program amendments. 

Sec. 4. Use of National Defense Reserve Fleet and Ready Reserve Force Vessels. 

Sec. 5. Green ships program. 

Sec. 6. Waiver of navigation and vessel-inspection laws. 

Sec. 7. Ship scrapping reporting requirement. 

Sec. 8. Extension of Maritime Security Fleet Program. 

Sec. 9. Maritime Workforce Study. 

Sec. 10. Maritime Administration vessel recycling contract award practices. 

Sec. 11. Prohibition on Maritime Administration receipt of polar icebreakers. 

Sec. 12. Authorization of appropriations for fiscal year 2012. 

14 SEC. 2. MARINE TRANSPORTATION SYSTEM. 

15 (a) REPORT ON STATUS OF SYSTEM.—Section 

16 50109(d) is amended to read as follows: 

17 ‘‘(d) MARINE TRANSPORTATION SYSTEM.— 

18 ‘‘(1) REPORT ON WATERWAYS.—Not later than 

19 October 1, 2012, the Secretary, in consultation with 

20 the Secretary of Defense and the commanding officer 


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1 of the Army Corps of Engineers, and with the concur2 rence of the Secretary of the department in which the 

3 Coast Guard is operating, shall submit a report to the 

4 Committee on Commerce, Science, and Transpor5 tation of the Senate and the Committee on Armed 

6 Services and the Committee on Transportation and 

7 Infrastructure of the House of Representatives on the 

8 status of the Nation’s coastal and inland waterways 

9 that— 

10 ‘‘(A) describes the state of the United States’ 

11 marine transportation infrastructure, including 

12 intercoastal infrastructure, intracoastal infra13 structure, inland waterway infrastructure, ports, 

14 and marine facilities; 

15 ‘‘(B) provides estimates of the investment 

16 levels required— 

17 ‘‘(i) to maintain the infrastructure; 

18 and 

19 ‘‘(ii) to improve the infrastructure; 

20 and 

21 ‘‘(C) describes the overall environmental 

22 management of the maritime transportation sys23 tem and the integration of environmental stew24 ardship into the overall system. 


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1 ‘‘(2) MARINE TRANSPORTATION.—The Secretary 

2 may investigate, make determinations concerning, 

3 and develop a repository of statistical information re4 lating to marine transportation, including its rela5 tionship to transportation by land and air, to facili6 tate research, assessment, and maintenance of the 

7 maritime transportation system. As used in this 

8 paragraph, the term ‘marine transportation’ includes 

9 intercoastal transportation, intracoastal transpor10 tation, inland waterway transportation, ports, and 

11 marine facilities. 

12 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to the Sec14 retary such sums as may be necessary to carry out 

15 this subsection.’’. 

16 (b) CONTAINER-ON-BARGE TRANSPORTATION.— 

17 (1) ASSESSMENT AND REPORT.—Not later than 

18 6 months after the date of enactment of this Act, the 

19 Maritime Administration shall assess the potential for 

20 using container-on-barge transportation on the inland 

21 waterways system and submit a report, together with 

22 the Administration’s findings, conclusions, and rec23 ommendations, to the Committee on Commerce, 

24 Science, and Transportation of the Senate and the 

25 Committee on Armed Services and the Committee on 


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1 Transportation and Infrastructure of the House of 

2 Representatives. If the Administration determines 

3 that it would be in the public interest, the report may 

4 include recommendations for a plan to increase 

5 awareness of the potential for use of such container6 on-barge transportation and recommendations for the 

7 development and implementation of such a plan. 

8 (2) FACTORS.—In conducting the assessment, the 

9 Administration shall consider— 

10 (A) the environmental benefits of increasing 

11 container-on-barge movements on our inland and 

12 intracoastal waterways system; 

13 (B) regional differences in the inland water14 ways system; 

15 (C) existing programs established at coastal 

16 and Great Lakes ports for establishing awareness 

17 of deep sea shipping operations; 

18 (D) mechanisms to ensure that implementa19 tion of the plan will not be inconsistent with 

20 antitrust laws; and 

21 (E) potential frequency of service at inland 

22 river ports. 


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1 SEC. 3. SHORT SEA TRANSPORTATION PROGRAM AMEND2 MENTS. 

3 (a) PROGRAM PURPOSE.—Section 55601(a) is amend4 ed by inserting ‘‘and to promote more efficient use of the 

5 navigable waters of the United States’’ after ‘‘congestion’’. 

6 (b) DESIGNATION OF ROUTES.—Section 55601(c) is 

7 amended by inserting ‘‘and to promote more efficient use 

8 of the navigable waters of the United States’’ after ‘‘coastal 

9 corridors’’. 

10 (c) PROJECT DESIGNATION.—Section 55601(d) is 

11 amended to read as follows: 

12 ‘‘(d) PROJECT DESIGNATION.—The Secretary may 

13 designate a project as a short sea transportation project if 

14 the Secretary determines that the project— 

15 ‘‘(1) mitigates landside congestion; or 

16 ‘‘(2) promotes more efficient use of the navigable 

17 waters of the United States.’’. 

18 (d) DOCUMENTATION.—Section 55605 is amended by 

19 striking ‘‘by vessel’’ and inserting ‘‘by a documented vessel’’. 

20 SEC. 4. USE OF NATIONAL DEFENSE RESERVE FLEET AND 

21 READY RESERVE FORCE VESSELS. 

22 Section 11 of the Merchant Ship Sales Act of 1946 (50 

23 U.S.C. App. 1744), is amended— 

24 (1) in subsection (b)— 

25 (A) by striking ‘‘or’’ in paragraph (4) after 

26 the semicolon; 


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1 (B) by striking the period at the end of 

2 paragraph (5) and inserting ‘‘; or’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(6) for civil contingency operations and Mari5 time Administration promotional and media events 

6 under subsection (f).’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(f) CIVIL CONTINGENCY OPERATIONS AND PRO9 MOTIONAL AND MEDIA EVENTS.—The Secretary of Trans10 portation may allow, with the concurrence of the Secretary 

11 of Defense, the use of a vessel in the National Defense Re12 serve Fleet for civil contingency operations requested by an13 other Federal agency, and for Maritime Administration 

14 promotional and media events that are related to dem15 onstration projects and research and development sup16 porting the Maritime Administration’s mission, if the Sec17 retary of Transportation determines the use of the vessel 

18 is in the best interest of the United States Government 

19 after— 

20 ‘‘(1) considering the availability of the National 

21 Defense Reserve Fleet and Ready Reserve Force re22 sources; 

23 ‘‘(2) considering the impact on National Defense 

24 Reserve Fleet and Ready Reserve Force mission supVerDate Mar 15 2010 22:59 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\S1430.RS S1430

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1 port to the defense and homeland security require2 ments of the United States Government; 

3 ‘‘(3) ensuring that the use of the vessel supports 

4 the mission of the Maritime Administration and does 

5 not significantly interfere with vessel maintenance, 

6 repair, safety, readiness, or resource availability; 

7 ‘‘(4) ensuring that safety precautions are taken, 

8 including indemnification of liability, when applica9 ble; 

10 ‘‘(5) ensuring that any cost incurred by the use 

11 of the vessel is funded as a reimbursable transaction 

12 between Federal agencies, as applicable; and 

13 ‘‘(6) considering any other factors the Secretary 

14 of Transportation determines are appropriate.’’. 

15 SEC. 5. GREEN SHIPS PROGRAM. 

16 (a) IN GENERAL.—Chapter 503 is amended by adding 

17 at the end the following: 

18 ‘‘SEC. § 50307. Green ships program 

19 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

20 may establish a green ships program to engage in the envi21 ronmental study, research, development, assessment, and de22 ployment of emerging marine technologies and practices re23 lated to the marine transportation system through the use 

24 of public vessels under the control of the Maritime Adminis25 tration or private vessels under United States registry, and 


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1 through partnerships and cooperative efforts with academic, 

2 public, private, and non-governmental entities and facili3 ties. 

4 ‘‘(b) PROGRAM REQUIREMENTS.—The program 

5 shall— 

6 ‘‘(1) identify, study, evaluate, test, demonstrate, 

7 or improve emerging marine technologies and prac8 tices that are likely to achieve environmental im9 provements by— 

10 ‘‘(A) reducing air emissions, water emis11 sions, or other ship discharges; 

12 ‘‘(B) increasing fuel economy or the use of 

13 alternative fuels and alternative energy (includ14 ing the use of shore power); or 

15 ‘‘(C) controlling aquatic invasive species; 

16 and 

17 ‘‘(2) be coordinated with the Environmental Pro18 tection Agency, the United States Coast Guard, and 

19 other Federal, State, local, or tribal agencies, as ap20 propriate. 

21 ‘‘(c) PROGRAM COORDINATION.—Program coordina22 tion under subsection (b)(2) may include— 

23 ‘‘(1) activities that are associated with the devel24 opment or approval of validation and testing regimes; 

25 and 


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1 ‘‘(2) certification or validation of emerging tech2 nologies or practices that demonstrate significant en3 vironmental benefits. 

4 ‘‘(d) FUNDING AND FEES.— 

5 ‘‘(1) IN GENERAL.—In carrying out the green 

6 ships program, the Secretary of Transportation may 

7 apply such funds as may be appropriated and such 

8 funds or resources as may become available by gift, 

9 cooperative agreement, or otherwise, including the col10 lection of fees, for the purposes of the program and its 

11 administration. 

12 ‘‘(2) ESTABLISHMENT OF FEES.—Pursuant to 

13 section 9701 of title 31, the Secretary of Transpor14 tation may promulgate regulations establishing fees to 

15 recover reasonable costs to the Secretary and to aca16 demic, public, and non-governmental entities associ17 ated with the program. 

18 ‘‘(3) FEE DEPOSIT.—Any fees collected under 

19 this section shall be deposited in a special fund of the 

20 United States Treasury for services rendered under 

21 the program, which thereafter shall remain available 

22 until expended to carry out the Secretary of Trans23 portation’s activities for which the fees were collected. 

24 ‘‘(e) REPORT.—The Secretary of Transportation shall 

25 report on the activities, expenditures, and results of the 


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1 green ships program during the preceding fiscal year in the 

2 annual budget submission to Congress.’’. 

3 (b) CONFORMING AMENDMENT.—The table of contents 

4 for chapter 503 is amended by inserting after the item relat5 ing to section 50306 the following: 

‘‘50307. Green ships program.’’. 

6 SEC. 6. WAIVER OF NAVIGATION AND VESSEL-INSPECTION 

7 LAWS. 

8 Section 501(b) is amended by adding ‘‘A waiver shall 

9 be accompanied by a certification by the individual and 

10 the Administrator to the Committee on Commerce, Science, 

11 and Transportation and the Committee on Armed Services 

12 of the Senate, and the Committee on Transportation and 

13 Infrastructure and the Committee on Armed Services of the 

14 House of Representatives that it is not possible to use a 

15 United States flag vessel or United States flag vessels collec16 tively to meet the national defense requirements.’’ after 

17 ‘‘prescribes.’’. 

18 SEC. 7. SHIP SCRAPPING REPORTING REQUIREMENT. 

19 Section 3502 of the Floyd D. Spence National Defense 

20 Authorization Act for Fiscal Year 2001 (enacted into law 

21 by section 1 of Public Law 106–398; 16 U.S.C. 5405 note; 

22 114 Stat. 1654A–490) is amended by amending subsection 

23 (f) to read as follows: 

24 ‘‘(f) The Secretary of Transportation shall provide 

25 briefings, upon request, to the Committee on Commerce, 


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1 Science, and Transportation and the Committee on Armed 

2 Services of the Senate and the Committee on Transpor3 tation and Infrastructure, the Committee on Resources, and 

4 the Committee on Armed Services of the House of Represent5 atives on— 

6 ‘‘(1) the progress made to recycle vessels; 

7 ‘‘(2) any problems encountered in recycling ves8 sels; and 

9 ‘‘(3) any other issues relating to vessel recycling 

10 and disposal.’’. 

11 SEC. 8. EXTENSION OF MARITIME SECURITY FLEET PRO12 GRAM. 

13 (a) Section 53101 is amended— 

14 (1) by amending paragraph (4) to read as fol15 lows: 

16 ‘‘(4) FOREIGN COMMERCE.—The term ‘foreign 

17 commerce’ means— 

18 ‘‘(A) commerce or trade between the United 

19 States, its territories or possessions, or the Dis20 trict of Columbia, and a foreign country; and 

21 ‘‘(B) commerce or trade between foreign 

22 countries.’’; 

23 (2) by striking paragraph (5); 

24 (3) by redesignating paragraphs (6) through (13) 

25 as (5) through (12), respectively; and 


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1 (4) by amending paragraph (5), as redesignated 

2 by section 8(a)(3) of this Act, to read as follows: 

3 ‘‘(5) PARTICIPATING FLEET VESSEL.—The term 

4 ‘participating fleet vessel’ means any vessel that— 

5 ‘‘(A) on October 1, 2015— 

6 ‘‘(i) meets the requirements of para7 graph (1), (2), (3), or (4) of section 

8 53102(c); and 

9 ‘‘(ii) is less than 20 years of age if the 

10 vessel is a tank vessel, or is less than 25 

11 years of age for all other vessel types; and 

12 ‘‘(B) on December 31, 2014, is covered by 

13 an operating agreement under this chapter.’’. 

14 (b) Section 53102(b) is amended to read as follows: 

15 ‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be 

16 included in the Fleet if— 

17 ‘‘(1) the vessel meets the requirements of para18 graph (1), (2), (3), or (4) of subsection (c); 

19 ‘‘(2) the vessel is operated (or in the case of a 

20 vessel to be constructed, will be operated) in providing 

21 transportation in foreign commerce; 

22 ‘‘(3) the vessel is self-propelled and— 

23 ‘‘(A) is a tank vessel that is 10 years of age 

24 or less on the date the vessel is included in the 

25 Fleet; or 


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1 ‘‘(B) is any other type of vessel that is 15 

2 years of age or less on the date the vessel is in3 cluded in the Fleet; 

4 ‘‘(4) the vessel— 

5 ‘‘(A) is suitable for use by the United States 

6 for national defense or military purposes in time 

7 of war or national emergency, as determined by 

8 the Secretary of Defense; and 

9 ‘‘(B) is commercially viable, as determined 

10 by the Secretary; and 

11 ‘‘(5) the vessel— 

12 ‘‘(A) is a United States-documented vessel; 

13 or 

14 ‘‘(B) is not a United States-documented ves15 sel, but— 

16 ‘‘(i) the owner of the vessel has dem17 onstrated an intent to have the vessel docu18 mented under chapter 121 of this title if it 

19 is included in the Fleet; and 

20 ‘‘(ii) at the time an operating agree21 ment for the vessel is entered into under this 

22 chapter, the vessel is eligible for documenta23 tion under chapter 121 of this title.’’. 

24 (c) Section 53103 is amended— 


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1 (1) by amending subsection (b) to read as fol2 lows: 

3 ‘‘(b) EXTENSION OF EXISTING OPERATING AGREE4 MENTS.— 

5 ‘‘(1) OFFER TO EXTEND.—Not later than 60 

6 days after the date of enactment of the Maritime Ad7 ministration Authorization Act for Fiscal Year 2012, 

8 the Secretary shall offer, to an existing contractor, to 

9 extend, through September 30, 2025, an operating 

10 agreement that is in existence on the date of enact11 ment of that Act. The terms and conditions of the ex12 tended operating agreement shall include terms and 

13 conditions authorized under this chapter, as amended 

14 from time to time. 

15 ‘‘(2) TIME LIMIT.—An existing contractor shall 

16 have not later than 120 days after the date the Sec17 retary offers to extend an operating agreement to 

18 agree to the extended operating agreement. 

19 ‘‘(3) SUBSEQUENT AWARD.—The Secretary may 

20 award an operating agreement to an applicant that 

21 is eligible to enter into an operating agreement for 

22 fiscal years 2016 through 2025 if the existing con23 tractor does not agree to the extended operating agree24 ment under paragraph (2).’’; and 


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1 (2) by amending subsection (c) to read as fol2 lows: 

3 ‘‘(c) PROCEDURE FOR AWARDING NEW OPERATING

4 AGREEMENTS.—The Secretary may enter into a new oper5 ating agreement with an applicant that meets the require6 ments of section 53102(c) (for vessels that meet the quali7 fications of section 53102(b)) on the basis of priority for 

8 vessel type established by military requirements of the Sec9 retary of Defense. The Secretary shall allow an applicant 

10 at least 30 days to submit an application for a new oper11 ating agreement. After consideration of military require12 ments, priority shall be given to an applicant that is a U.S. 

13 citizen under section 50501 of this title. The Secretary may 

14 not approve an application without the consent of the Sec15 retary of Defense. The Secretary shall enter into an oper16 ating agreement with the applicant or provide a written 

17 reason for denying the application.’’. 

18 (d) Section 53104 is amended— 

19 (1) in subsection (c), by striking paragraph (3); 

20 and 

21 (2) in subsection (e), by striking ‘‘an operating 

22 agreement under this chapter is terminated under 

23 subsection (c)(3), or if’’. 

24 (e) Section 53105 is amended— 


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1 (1) by amending subsection (e) to read as fol2 lows: 

3 ‘‘(e) TRANSFER OF OPERATING AGREEMENTS.—A con4 tractor under an operating agreement may transfer the 

5 agreement (including all rights and obligations under the 

6 operating agreement) to any person that is eligible to enter 

7 into the operating agreement under this chapter if the Sec8 retary and the Secretary of Defense determine that the 

9 transfer is in the best interests of the United States. A 

10 transaction shall not be considered a transfer of an oper11 ating agreement if the same legal entity with the same ves12 sels remains the contracting party under the operating 

13 agreement.’’; and 

14 (2) by amending subsection (f) to read as follows: 

15 ‘‘(f) REPLACEMENT VESSELS.—A contractor may re16 place a vessel under an operating agreement with another 

17 vessel that is eligible to be included in the Fleet under sec18 tion 53102(b), if the Secretary, in conjunction with the Sec19 retary of Defense, approves the replacement of the vessel.’’. 

20 (f) Section 53106 is amended— 

21 (1) in subsection (a)(1), by striking ‘‘and (C) 

22 $3,100,000 for each of fiscal years 2012 through 

23 2025.’’ and inserting the following: 

24 ‘‘(C) $3,100,000 for each of fiscal years 

25 2012, 2013, 2014, 2015, 2016, 2017, and 2018; 


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1 ‘‘(D) $3,500,000 for each of fiscal years 

2 2019, 2020, and 2021; and 

3 ‘‘(E) $3,700,000 for each of fiscal years 

4 2022, 2023, 2024, and 2025.’’; 

5 (2) in subsection (c)(3)(C), by striking ‘‘a LASH 

6 vessel.’’ and inserting ‘‘a lighter aboard ship vessel.’’; 

7 and 

8 (3) by striking subsection (f). 

9 (g) Section 53107(b)(1) is amended to read as follows: 

10 ‘‘(1) IN GENERAL.—An Emergency Preparedness 

11 Agreement under this section shall require that a con12 tractor for a vessel covered by an operating agreement 

13 under this chapter shall make commercial transpor14 tation resources (including services) available, upon 

15 request by the Secretary of Defense during a time of 

16 war or national emergency, or whenever the Secretary 

17 of Defense determines that it is necessary for national 

18 security or contingency operation (as that term is de19 fined in section 101 of title 10, United States Code).’’. 

20 (h) Section 53109 is repealed. 

21 (i) Section 53111 is amended— 

22 (1) by striking ‘‘and’’ at the end of paragraph 

23 (2); and 

24 (2) by amending paragraph (3) to read as fol25 lows: 


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1 ‘‘(3) $186,000,000 for each of fiscal years 2012, 

2 2013, 2014, 2015, 2016, 2017, and 2018; 

3 ‘‘(4) $210,000,000 for each of fiscal years 2019, 

4 2020, and 2021; and 

5 ‘‘(5) $222,000,000 for each fiscal year thereafter 

6 through fiscal year 2025.’’. 

7 (j) Chapter 531 is amended by adding at the end the 

8 following: 

9 ‘‘SEC. § 53112. Acquisition of fleet vessels 

10 ‘‘(a) IN GENERAL.—Notwithstanding section 2218(f) 

11 of title 10, United States Code, upon replacement of any 

12 vessel subject to an operating agreement under this chapter, 

13 and subject to agreement by the vessel owner, the Secretary 

14 is authorized, subject to concurrence with the Secretary of 

15 Defense, to acquire the vessel being replaced for inclusion 

16 in the National Defense Reserve Fleet. 

17 ‘‘(b) REQUIREMENTS.—In order to be eligible for ac18 quisition by the Secretary under this section, a vessel 

19 shall— 

20 ‘‘(1) have been included in a Maritime Security 

21 Program Operating Agreement for not less than 3 

22 years; and 

23 ‘‘(2) meet recapitalization requirements for the 

24 Ready Reserve Force. 


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1 ‘‘(c) FAIR MARKET VALUE.—The Maritime Adminis2 tration shall establish a fair market value for the acquisi3 tion of an eligible vessel under this section. 

4 ‘‘(d) APPROPRIATIONS.—A vessel acquisition under 

5 this section shall be subject to the availability of appropria6 tions and the appropriations shall be part of the National 

7 Defense Reserve Fleet appropriations and separate from 

8 Maritime Security Program appropriations.’’. 

9 (k) The table of contents for chapter 531 is amended— 

10 (1) by striking the item relating to section 

11 53109; and 

12 (2) by inserting at the end the following: 

‘‘53112. Acquisition of fleet vessels.’’. 

13 (l) EFFECTIVE DATE OF AMENDMENTS.—The amend14 ments made by— 

15 (1) paragraphs (2), (3), and (4) of section 8(a) 

16 of this Act take effect on December 31, 2014; and 

17 (2) section 8(f)(2) of this Act take effect on De18 cember 31, 2014. 

19 SEC. 9. MARITIME WORKFORCE STUDY. 

20 (a) TRAINING STUDY.—The Comptroller General of the 

21 United States shall conduct a study on the training needs 

22 of the maritime workforce. 

23 (b) STUDY COMPONENTS.—The study shall— 

24 (1) analyze the impact of training requirements 

25 imposed by domestic and international regulations 


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1 and conventions, companies, and government agencies 

2 that charter or operate vessels; 

3 (2) evaluate the ability of the Nation’s maritime 

4 training infrastructure to meet the current needs of 

5 the maritime industry; 

6 (3) evaluate the ability of the Nation’s maritime 

7 training infrastructure to effectively meet the needs of 

8 the maritime industry in the future; 

9 (4) identify trends in maritime training; 

10 (5) compare the training needs of U.S. mariners 

11 with the vocational training and educational assist12 ance programs available from Federal agencies to 

13 evaluate the ability of Federal programs to meet the 

14 training needs of U.S. mariners; 

15 (6) include recommendations for future programs 

16 to enhance the capabilities of the Nation’s maritime 

17 training infrastructure; and 

18 (7) include recommendations for future programs 

19 to assist U.S. mariners and those entering the mari20 time profession achieve the required training. 

21 (c) FINAL REPORT.—Not later than 1 year after the 

22 date of enactment of this Act, the Comptroller General shall 

23 submit a report on the results of the study to the Committee 

24 on Commerce, Science, and Transportation of the Senate 


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1 and the Committee on Transportation and Infrastructure 

2 of the House of Representatives. 

3 SEC. 10. MARITIME ADMINISTRATION VESSEL RECYCLING 

4 CONTRACT AWARD PRACTICES. 

5 (a) IN GENERAL.—Not later than 12 months after the 

6 date of enactment of this Act, the Inspector General of the 

7 Department of Transportation shall conduct an assessment 

8 of the source selection procedures and practices used to 

9 award the Maritime Administration’s National Defense Re10 serve Fleet vessel recycling contracts. The Inspector General 

11 shall assess the process, procedures, and practices used for 

12 the Maritime Administration’s qualification of vessel recy13 cling facilities. The Inspector General shall report the find14 ings to the Committee on Commerce, Science, and Trans15 portation and the Committee on Armed Services of the Sen16 ate, and the Committee on Transportation and Infrastruc17 ture and the Committee on Armed Services of the House 

18 of Representatives. 

19 (b) ASSESSMENT.—The assessment under subsection 

20 (a) shall include a review of whether the Maritime Adminis21 tration’s contract source selection procedures and practices 

22 are consistent with law, the Federal Acquisition Regula23 tions (FAR), and Federal best practices associated with 

24 making source selection decisions. 


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1 (c) CONSIDERATIONS.—In making the assessment 

2 under subsection (a), the Inspector General may consider 

3 any other aspect of the Maritime Administration’s vessel 

4 recycling process that the Inspector General deems appro5 priate to review. 

6 SEC. 11. PROHIBITION ON MARITIME ADMINISTRATION RE7 CEIPT OF POLAR ICEBREAKERS. 

8 Until the date that is 2 years after the date on which 

9 the Committee on Commerce, Science, and Transportation 

10 of the Senate and the Committee on Transportation and 

11 Infrastructure of the House of Representatives receive the 

12 polar icebreaker business case analysis under subsection 

13 307(f) of the Coast Guard Authorization Act of 2010 (14 

14 U.S.C. 92 note), or until the Coast Guard has replaced the 

15 Coast Guard Cutter POLAR SEA (WAGB 11) and the 

16 Coast Guard Cutter POLAR STAR (WAGB 10) with 2 ‘‘in 

17 commission, active’’ heavy polar icebreakers— 

18 (1) the Administrator of the Maritime Adminis19 tration may not receive, maintain, dismantle, or re20 cycle either cutter; and 

21 (2) the Commandant may not— 

22 (A) transfer or relinquish ownership of ei23 ther of the cutters; 

24 (B) dismantle a major component of, or re25 cycle parts from, the POLAR SEA, unless the 


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1 POLAR STAR cannot be made to function prop2 erly without doing so; 

3 (C) change the homeport of either of the cut4 ters; 

5 (D) expend any funds— 

6 (i) for any expenses directly or indi7 rectly associated with the decommissioning 

8 of either of the cutters, including expenses 

9 for dock use or other goods and services; 

10 (ii) for any personnel expenses directly 

11 or indirectly associated with the decommis12 sioning of either of the cutters, including ex13 penses for a decommissioning officer; or 

14 (iii) for any expenses associated with a 

15 decommissioning ceremony for either of the 

16 cutters; 

17 (E) appoint a decommissioning officer to be 

18 affiliated with either of the cutters; or 

19 (F) place either of the cutters in inactive 

20 status, including a status of— 

21 (i) out of commission, in reserve; 

22 (ii) out of service, in reserve; or 

23 (iii) pending placement out of commis24 sion. 


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1 SEC. 12. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL 

2 YEAR 2012. 

3 There are authorized to be appropriated to the Sec4 retary of Transportation for programs of the Maritime Ad5 ministration the following amounts: 

6 (1) OPERATIONS AND TRAINING.—For expenses 

7 necessary for operations and training activities, not 

8 to exceed $161,539,000 for the fiscal year ending Sep9 tember 30, 2012, of which— 

10 (A) $28,885,000 is for capital improvements 

11 at the U.S. Merchant Marine Academy, to re12 main available until expended; and 

13 (B) $11,100,000 is for maintenance and re14 pair for training ships at State Maritime 

15 Schools, to remain available until expended. 

16 (2) MARITIME GUARANTEED LOANS.—For ad17 ministrative expenses related to loan guarantee com18 mitments under chapter 537 of title 46, United States 

19 Code, not to exceed $3,750,000, which shall be paid to 

20 the appropriation for ‘‘Operations and Training’’, 

21 Maritime Administration. 

22 (3) SHIP DISPOSAL.—For disposal of non-reten23 tion vessels in the National Defense Reserve Fleet, 

24 $18,500,000, to remain available until expended. 


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Calendar No. 252 

112TH CONGRESS 

1ST SESSION S. 1430 

[Report No. 112–99] 

A BILL 

To authorize certain maritime programs of the Deposes. partment of Transportation, and for other purDECEMBER 7, 2011 

Reported with an amendment 


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