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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1430 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1430

      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

_______________________________________________________________________

                                 A BILL

 
      To authorize certain maritime programs of the Department of 
                Transportation, and for other purposes.

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

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 46, UNITED STATES CODE; 
              TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Maritime 
Administration Authorization Act for Fiscal Year 2012''.
    (b) Amendment of Title 46, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 46, United States Code.
    (c) Table of Contents.--The table of contents for 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.

SEC. 2. MARINE TRANSPORTATION SYSTEM.

    (a) Report on Status of System.--Section 50109(d) is amended to 
read as follows:
    ``(d) Marine Transportation System.--
            ``(1) Report on waterways.--Not later than July 31, 2012, 
        the Secretary, in consultation with the Secretary of Defense 
        and the commanding officer of the Army Corps of Engineers, and 
        with the concurrence of the Secretary of the department in 
        which the Coast Guard is operating, shall submit a report to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Armed Services and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives on the status of the Nation's coastal and 
        inland waterways that--
                    ``(A) describes the state of the United States 
                marine transportation infrastructure, including 
                intercoastal infrastructure, intracoastal 
                infrastructure, inland waterway infrastructure, ports, 
                and marine facilities;
                    ``(B) provides estimates of the investment levels 
                required--
                            ``(i) to maintain the infrastructure; and
                            ``(ii) to improve the infrastructure; and
                    ``(C) describes the overall environmental 
                management of the maritime transportation system and 
                the integration of environmental stewardship into the 
                overall system.
            ``(2) Marine transportation.--The Secretary may 
        investigate, make determinations concerning, and develop a 
        repository of statistical information relating to marine 
        transportation, including its relationship to transportation by 
        land and air, to facilitate research, assessment, and 
        maintenance of the maritime transportation system. As used in 
        this paragraph, the term ``marine transportation'' includes 
        intercoastal transportation, intracoastal transportation, 
        inland waterway transportation, ports, and marine facilities.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary such sums as may 
        be necessary to carry out this subsection.''.
    (b) Container-on-Barge Transportation.--
            (1) Assessment and report.--Not later than 6 months after 
        the date of enactment of this Act, the Maritime Administration 
        shall assess the potential for using container-on-barge 
        transportation on the inland waterways system and submit a 
        report, together with the Administration's findings, 
        conclusions, and recommendations, to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Armed Services and the Committee on Transportation and 
        Infrastructure of the House of Representatives. If the 
        Administration determines that it would be in the public 
        interest, the report may include recommendations for a plan to 
        increase awareness of the potential for use of such container-
        on-barge transportation and recommendations for the development 
        and implementation of such a plan.
            (2) Factors.--In conducting the assessment, the 
        Administration shall consider--
                    (A) the environmental benefits of increasing 
                container-on-barge movements on our inland and 
                intracoastal waterways system;
                    (B) regional differences in the inland waterways 
                system;
                    (C) existing programs established at coastal and 
                Great Lakes ports for establishing awareness of deep 
                sea shipping operations;
                    (D) mechanisms to ensure that implementation of the 
                plan will not be inconsistent with antitrust laws; and
                    (E) potential frequency of service at inland river 
                ports.

SEC. 3. SHORT SEA TRANSPORTATION PROGRAM AMENDMENTS.

    (a) Program Purpose.--Section 55601(a) is amended by inserting 
``and to promote more efficient use of the navigable waters of the 
United States'' after ``congestion''.
    (b) Designation of Routes.--Section 55601(c) is amended by 
inserting ``and to promote more efficient use of the navigable waters 
of the United States'' after ``coastal corridors''.
    (c) Project Designation.--Section 55601(d) is amended to read as 
follows:
    ``(d) Project Designation.--The Secretary may designate a project 
as a short sea transportation project if the Secretary determines that 
the project--
            ``(1) mitigates landside congestion; or
            ``(2) promotes more efficient use of the navigable waters 
        of the United States.''.
    (d) Documentation.--Section 55605 is amended by striking ``by 
vessel'' and inserting ``by a documented vessel''.

SEC. 4. USE OF NATIONAL DEFENSE RESERVE FLEET AND READY RESERVE FORCE 
              VESSELS.

    Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 
1744), is amended--
            (1) in subsection (b)--
                    (A) by striking ``or'' in paragraph (4) after the 
                semicolon;
                    (B) by striking the period at the end of paragraph 
                (5) and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(6) for civil contingency operations and Maritime 
        Administration promotional and media events under subsection 
        (f).''; and
            (2) by adding at the end the following:
    ``(f) Civil Contingency Operations and Promotional and Media 
Events.--The Secretary of Transportation may allow, with the 
concurrence of the Secretary of Defense, the use of a vessel in the 
National Defense Reserve Fleet for civil contingency operations 
requested by another Federal agency, and for Maritime Administration 
promotional and media events that are related to demonstration projects 
and research and development supporting the Maritime Administration's 
mission, if the Secretary of Transportation determines the use of the 
vessel is in the best interest of the United States Government after--
            ``(1) considering the availability of the National Defense 
        Reserve Fleet and Ready Reserve Force resources;
            ``(2) considering the impact on National Defense Reserve 
        Fleet and Ready Reserve Force mission support to the defense 
        and homeland security requirements of the United States 
        Government;
            ``(3) ensuring that the use of the vessel supports the 
        mission of the Maritime Administration and does not 
        significantly interfere with vessel maintenance, repair, 
        safety, readiness, or resource availability;
            ``(4) ensuring that safety precautions are taken, including 
        indemnification of liability, when applicable;
            ``(5) ensuring that any cost incurred by the use of the 
        vessel is funded as a reimbursable transaction between Federal 
        agencies, as applicable; and
            ``(6) considering any other factors the Secretary of 
        Transportation determines are appropriate.''.

SEC. 5. GREEN SHIPS PROGRAM.

    (a) In General.--Chapter 503 is amended by adding at the end the 
following:
``50307. Green ships program
    ``(a) In General.--The Secretary of Transportation may establish a 
green ships program to engage in the environmental study, research, 
development, assessment, and deployment of emerging marine technologies 
through the use of public vessels under the control of the Maritime 
Administration or private vessels under United States registry, and 
through partnerships and cooperative efforts with academic, public, 
private, and non-governmental entities.
    ``(b) Program Requirements.--The program--
            ``(1) shall identify, evaluate, test, demonstrate, or 
        improve emerging marine technologies that are likely to achieve 
        environmental improvements--
                    ``(A) by reducing air emissions, water emissions, 
                or other ship discharges;
                    ``(B) by increasing fuel economy or the use of 
                alternative fuels; or
                    ``(C) by controlling aquatic invasive species; and
            ``(2) shall be coordinated with the Environmental 
        Protection Agency, the United States Coast Guard, and other 
        Federal, State, local, or tribal agencies, as appropriate.
    ``(c) Program Coordination.--Program coordination under subsection 
(b)(2) may include--
            ``(1) activities that are associated with the development 
        or approval of validation and testing regimes; and
            ``(2) certification or validation of emerging technologies 
        that demonstrate significant environmental benefits.
    ``(d) Funding and Fees.--
            ``(1) In general.--In carrying out the green ships program, 
        the Secretary of Transportation may apply such funds as may be 
        appropriated and such funds or resources as may become 
        available by gift, cooperative agreement, or otherwise, 
        including the collection of fees, for the purposes of the 
        program and its administration.
            ``(2) Establishment of fees.--Pursuant to section 9701 of 
        title 31, the Secretary of Transportation may promulgate 
        regulations establishing fees to recover reasonable costs to 
        the Secretary and to academic, public, and non-governmental 
        entities associated with the program.
            ``(3) Fee deposit.--Any fees collected under this section 
        shall be deposited in a special fund of the United States 
        Treasury for services rendered under the program, which 
        thereafter shall remain available until expended to carry out 
        the Secretary of Transportation's activities for which the fees 
        were collected.
    ``(e) Report.--The Secretary of Transportation shall report on the 
activities, expenditures, and results of the green ships program during 
the preceding fiscal year in the annual budget submission to 
Congress.''.
    (b) Conforming Amendment.--The table of contents for chapter 503 is 
amended by inserting after the item relating to section 50306 the 
following:

``50307. Green ships program.''.

SEC. 6. RECYCLING OF NATIONAL DEFENSE RESERVE FLEET VESSELS.

    Section 113(e)(15) of title 40, United States Code, is amended to 
read as follows:
            ``(15) the Maritime Administration with respect to the 
        acquisition, procurement, operation, maintenance, preservation, 
        sale, lease, charter, construction, reconstruction, 
        reconditioning (including outfitting and equipping incidental 
        to construction, reconstruction, or reconditioning), or 
        disposal for recycling (including related contracts for towing, 
        dry-docking, sale or purchase of services for recycling, and 
        vessel management), of a merchant vessel or shipyard, ship 
        site, terminal, pier, dock, warehouse, or other installation 
        necessary or appropriate for carrying out a program of the 
        Administration authorized by law or non-administrative 
        activities incidental to a program of the Administration 
        authorized by law, but the Administration shall, to the maximum 
        extent it considers practicable, consistent with the purposes 
        of its programs and the effective, efficient conduct of its 
        activities, coordinate its operations with the requirements of 
        this subtitle and with policies and regulations prescribed 
        under this subtitle;''.

SEC. 7. SHIP SCRAPPING REPORTING REQUIREMENT.

    Section 3502 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (enacted into law by section 1 of Public Law 
106-398; 16 U.S.C. 5405 note; 114 Stat. 1654A-490) is amended by 
amending subsection (f) to read as follows:
    ``(f) The Secretary of Transportation shall provide briefings, upon 
request, to the Committee on Commerce, Science, and Transportation and 
the Committee on Armed Forces of the Senate and the Committee on 
Transportation and Infrastructure, the Committee on Resources, and the 
Committee on Armed Forces of the House of Representatives on--
            ``(1) the progress made to recycle vessels;
            ``(2) any problems encountered in recycling vessels; and
            ``(3) any other issues relating to vessel recycling and 
        disposal.''.

SEC. 8. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.

    (a) Section 53101 is amended--
            (1) by amending paragraph (4) to read as follows:
            ``(4) Foreign commerce.--The term ``foreign commerce'' 
        means--
                    ``(A) commerce or trade between the United States, 
                its territories or possessions, or the District of 
                Columbia, and a foreign country; and
                    ``(B) commerce or trade between foreign 
                countries.'';
            (2) by striking paragraph (5);
            (3) by redesignating paragraphs (6) through (13) as (5) 
        through (12), respectively; and
            (4) by amending paragraph (5), as redesignated by section 
        8(a)(3) of this Act, to read as follows:
            ``(5) Participating fleet vessel.--The term ``participating 
        fleet vessel'' means any vessel that--
            ``(A) On October 1, 2015--
                    ``(i) meets the requirements of paragraph (1), (2), 
                (3), or (4) of section 53102(c); and
                    ``(ii) is less than 20 years of age if the vessel 
                is a tank vessel, or is less than 25 years of age for 
                all other vessel types; and
            ``(B) On December 31, 2014, is covered by an operating 
        agreement under this chapter.''.
    (b) Section 53102(b) is amended to read as follows:
    ``(b) Vessel Eligibility.--A vessel is eligible to be included in 
the Fleet if--
            ``(1) the vessel meets the requirements of paragraph (1), 
        (2), (3), or (4) of subsection (c);
            ``(2) the vessel is operated (or in the case of a vessel to 
        be constructed, will be operated) in providing transportation 
        in foreign commerce;
            ``(3) the vessel is self-propelled and--
                    ``(A) is a tank vessel that is 10 years of age or 
                less on the date the vessel is included in the Fleet; 
                or
                    ``(B) is any other type of vessel that is 15 years 
                of age or less on the date the vessel is included in 
                the Fleet;
            ``(4) the vessel--
                    ``(A) is suitable for use by the United States for 
                national defense or military purposes in time of war or 
                national emergency, as determined by the Secretary of 
                Defense; and
                    ``(B) is commercially viable, as determined by the 
                Secretary; and
            ``(5) the vessel--
                    ``(A) is a United States-documented vessel; or
                    ``(B) is not a United States-documented vessel, 
                but--
                            ``(i) the owner of the vessel has 
                        demonstrated an intent to have the vessel 
                        documented under chapter 121 of this title if 
                        it is included in the Fleet; and
                            ``(ii) at the time an operating agreement 
                        for the vessel is entered into under this 
                        chapter, the vessel is eligible for 
                        documentation under chapter 121 of this 
                        title.''.
    (c) Section 53103 is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Extension of Existing Operating Agreements.--The Secretary is 
authorized to amend an operating agreement that is in existence on 
December 31, 2014, for a participating fleet vessel, or any subsequent 
replacement of the participating fleet vessel, to extend the operating 
agreement through September 30, 2025. The terms and conditions of the 
extended operating agreement shall include terms and conditions 
authorized under this chapter, as amended from time to time. If a 
contractor does not agree to an extended operating agreement before 
February 28, 2015, the Secretary may award the operating agreement to 
another contractor. Beginning on February 28, 2015, operating 
agreements shall not be transferable by the contractor.''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) Procedure for Awarding New Operating Agreements.--The 
Secretary may enter into a new operating agreement with an applicant 
that meets the requirements of section 53102(c) (for vessels that meet 
the qualifications of section 53102(b)) on the basis of priority for 
vessel type established by military requirements of the Secretary of 
Defense. The Secretary shall allow an applicant at least 30 days to 
submit an application for a new operating agreement. After 
consideration of military requirements, priority shall be given to an 
applicant that is a U.S. citizen under section 50501 of this title. The 
Secretary may not approve an application without the consent of the 
Secretary of Defense. The Secretary shall enter into an operating 
agreement with the applicant or provide a written reason for denying 
the application.''.
    (d) Section 53104 is amended--
            (1) in subsection (c), by striking paragraph (3); and
            (2) in subsection (e), by striking ``an operating agreement 
        under this chapter is terminated under subsection (c)(3), or 
        if''.
    (e) Section 53105 is amended--
            (1) by amending subsection (e) to read as follows:
    ``(e) Replacement Vessels.--A contractor may replace a vessel under 
an operating agreement with another vessel that is eligible to be 
included in the Fleet under section 53102(b), if the Secretary, in 
conjunction with the Secretary of Defense, approves the replacement of 
the vessel.''; and
            (2) by striking subsection (f).
    (f) Section 53106 is amended--
            (1) in subsection (a)(1), by striking ``and (C) $3,100,000 
        for each of fiscal years 2012 through 2025.'' and inserting the 
        following:
                    ``(C) $3,100,000 for each of fiscal years 2012, 
                2013, 2014, 2015, 2016, 2017, and 2018;
                    ``(D) $3,500,000 for each of fiscal years 2019, 
                2020, and 2021; and
                    ``(E) $3,700,000 for each of fiscal years 2022, 
                2023, 2024, and 2025.'';
            (2) in subsection (c)(3)(C), by striking ``a LASH vessel.'' 
        and inserting ``a lighter aboard ship vessel.''; and
            (3) by striking subsection (f).
    (g) Section 53107(b)(1) is amended to read as follows:
            ``(1) In general.--An Emergency Preparedness Agreement 
        under this section shall require that a contractor for a vessel 
        covered by an operating agreement under this chapter shall make 
        commercial transportation resources (including services) 
        available, upon request by the Secretary of Defense during a 
        time of war or national emergency, or whenever the Secretary of 
        Defense determines that it is necessary for national security 
        or contingency operation (as that term is defined in section 
        101 of title 10, United States Code).''.
    (h) Section 53109 is repealed.
    (i) The table of contents for chapter 531 is amended by striking 
the item relating to section 53109.
    (j) Section 53111 is amended by striking ``and (3) $186,000,000 for 
each fiscal year thereafter through fiscal year 2025.'' and inserting 
the following:
            ``(3) $186,000,000 for each of fiscal years 2012, 2013, 
        2014, 2015, 2016, 2017, and 2018;
            ``(4) $210,000,000 for each of fiscal years 2019, 2020, and 
        2021; and
            ``(5) $222,000,000 for each fiscal year thereafter through 
        fiscal year 2025.''.
    (k) Chapter 531 is amended by adding at the end the following:
``53112. Acquisition of fleet vessels
    ``(a) In General.--Notwithstanding section 2218(f) of title 10, 
United States Code, upon replacement of any vessel subject to an 
operating agreement under this chapter, and subject to agreement by the 
vessel owner, the Secretary is authorized, subject to concurrence with 
the Secretary of Defense, to acquire the vessel being replaced for 
inclusion in the National Defense Reserve Fleet.
    ``(b) Requirements.--In order to be eligible for acquisition by the 
Secretary under this section, a vessel shall--
            ``(1) have been included in a Maritime Security Program 
        Operating Agreement for not less than 3 years; and
            ``(2) meet recapitalization requirements for the Ready 
        Reserve Force.
    ``(c) Fair Market Value.--The Maritime Administration shall 
establish a fair market value for the acquisition of an eligible vessel 
under this section.
    ``(d) Appropriations.--A vessel acquisition under this section 
shall be subject to the availability of appropriations and the 
appropriations shall be part of the National Defense Reserve Fleet 
appropriations and separate from Maritime Security Program 
appropriations.''.
    (l) Effective Date of Amendments.--The amendments made by--
            (1) paragraphs (2), (3), and (4) of section 8(a) of this 
        Act take effect on December 31, 2014;
            (2) section 8(c)(1) of this Act take effect on December 31, 
        2014; and
            (3) section 8(f)(2) of this Act take effect on December 31, 
        2014.

SEC. 9. MARITIME WORKFORCE STUDY.

    (a) Training Study.--The Comptroller General of the United States 
shall conduct a study on the training needs of the maritime workforce.
    (b) Study Components.--The study shall--
            (1) analyze the impact of training requirements imposed by 
        domestic and international regulations and conventions, 
        companies, and government agencies that charter or operate 
        vessels;
            (2) evaluate the ability of the Nation's maritime training 
        infrastructure to meet the current needs of the maritime 
        industry;
            (3) evaluate the ability of the Nation's maritime training 
        infrastructure to effectively meet the needs of the maritime 
        industry in the future;
            (4) identify trends in maritime training;
            (5) compare the training needs of U.S. mariners with the 
        vocational training and educational assistance programs 
        available from Federal agencies to evaluate the ability of 
        Federal programs to meet the training needs of U.S. mariners;
            (6) include recommendations for future programs to enhance 
        the capabilities of the Nation's maritime training 
        infrastructure; and
            (7) include recommendations for future programs to assist 
        U.S. mariners and those entering the maritime profession 
        achieve the required training.
    (c) Final Report.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit a report on 
the results of the study to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2012.

    There are authorized to be appropriated to the Secretary of 
Transportation for programs of the Maritime Administration the 
following amounts:
            (1) Operations and training.--For expenses necessary for 
        operations and training activities, not to exceed $161,539,000 
        for the fiscal year ending September 30, 2012, of which--
                    (A) $28,885,000 is for capital improvements at the 
                U.S. Merchant Marine Academy, to remain available until 
                expended; and
                    (B) $11,100,000 is for maintenance and repair for 
                training ships at State Maritime Schools, to remain 
                available until expended.
            (2) Maritime guaranteed loans.--For administrative expenses 
        related to loan guarantee commitments under chapter 537 of 
        title 46, United States Code, not to exceed $3,750,000, which 
        shall be paid to the appropriation for ``Operations and 
        Training'', Maritime Administration.
            (3) Ship disposal.--For disposal of non-retention vessels 
        in the National Defense Reserve Fleet, $18,500,000, to remain 
        available until expended.
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