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

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 46, UNITED STATES 
              CODE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Maritime 
Administration Authorization Act for Fiscal Year 2012''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; amendment of title 46, United States 
                            Code; table of contents.
<DELETED>Sec. 2. Marine transportation system.
<DELETED>Sec. 3. Short sea transportation program amendments.
<DELETED>Sec. 4. Use of National Defense Reserve Fleet and Ready 
                            Reserve Force Vessels.
<DELETED>Sec. 5. Green ships program.
<DELETED>Sec. 6. Recycling of National Defense Reserve Fleet Vessels.
<DELETED>Sec. 7. Ship scrapping reporting requirement.
<DELETED>Sec. 8. Extension of Maritime Security Fleet Program.
<DELETED>Sec. 9. Maritime Workforce Study.
<DELETED>Sec. 10. Authorization of appropriations for fiscal year 2012.

<DELETED>SEC. 2. MARINE TRANSPORTATION SYSTEM.</DELETED>

<DELETED>    (a) Report on Status of System.--Section 50109(d) is 
amended to read as follows:</DELETED>
<DELETED>    ``(d) Marine Transportation System.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) describes the state of the United 
                States marine transportation infrastructure, including 
                intercoastal infrastructure, intracoastal 
                infrastructure, inland waterway infrastructure, ports, 
                and marine facilities;</DELETED>
                <DELETED>    ``(B) provides estimates of the investment 
                levels required--</DELETED>
                        <DELETED>    ``(i) to maintain the 
                        infrastructure; and</DELETED>
                        <DELETED>    ``(ii) to improve the 
                        infrastructure; and</DELETED>
                <DELETED>    ``(C) describes the overall environmental 
                management of the maritime transportation system and 
                the integration of environmental stewardship into the 
                overall system.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary such sums as may 
        be necessary to carry out this subsection.''.</DELETED>
<DELETED>    (b) Container-on-barge Transportation.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Factors.--In conducting the assessment, the 
        Administration shall consider--</DELETED>
                <DELETED>    (A) the environmental benefits of 
                increasing container-on-barge movements on our inland 
                and intracoastal waterways system;</DELETED>
                <DELETED>    (B) regional differences in the inland 
                waterways system;</DELETED>
                <DELETED>    (C) existing programs established at 
                coastal and Great Lakes ports for establishing 
                awareness of deep sea shipping operations;</DELETED>
                <DELETED>    (D) mechanisms to ensure that 
                implementation of the plan will not be inconsistent 
                with antitrust laws; and</DELETED>
                <DELETED>    (E) potential frequency of service at 
                inland river ports.</DELETED>

<DELETED>SEC. 3. SHORT SEA TRANSPORTATION PROGRAM AMENDMENTS.</DELETED>

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

<DELETED>SEC. 4. USE OF NATIONAL DEFENSE RESERVE FLEET AND READY 
              RESERVE FORCE VESSELS.</DELETED>

<DELETED>    Section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking ``or'' in paragraph (4) 
                after the semicolon;</DELETED>
                <DELETED>    (B) by striking the period at the end of 
                paragraph (5) and inserting ``; or''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(6) for civil contingency operations and 
        Maritime Administration promotional and media events under 
        subsection (f).''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(1) considering the availability of the National 
        Defense Reserve Fleet and Ready Reserve Force 
        resources;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) ensuring that safety precautions are taken, 
        including indemnification of liability, when 
        applicable;</DELETED>
        <DELETED>    ``(5) ensuring that any cost incurred by the use 
        of the vessel is funded as a reimbursable transaction between 
        Federal agencies, as applicable; and</DELETED>
        <DELETED>    ``(6) considering any other factors the Secretary 
        of Transportation determines are appropriate.''.</DELETED>

<DELETED>SEC. 5. GREEN SHIPS PROGRAM.</DELETED>

<DELETED>    (a) In General.--Chapter 503 is amended by adding at the 
end the following:</DELETED>

<DELETED>``SEC. Sec.  50307. GREEN SHIPS PROGRAM</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Program Requirements.--The program--</DELETED>
        <DELETED>    ``(1) shall identify, evaluate, test, demonstrate, 
        or improve emerging marine technologies that are likely to 
        achieve environmental improvements--</DELETED>
                <DELETED>    ``(A) by reducing air emissions, water 
                emissions, or other ship discharges;</DELETED>
                <DELETED>    ``(B) by increasing fuel economy or the 
                use of alternative fuels; or</DELETED>
                <DELETED>    ``(C) by controlling aquatic invasive 
                species; and</DELETED>
        <DELETED>    ``(2) shall be coordinated with the Environmental 
        Protection Agency, the United States Coast Guard, and other 
        Federal, State, local, or tribal agencies, as 
        appropriate.</DELETED>
<DELETED>    ``(c) Program Coordination.--Program coordination under 
subsection (b)(2) may include--</DELETED>
        <DELETED>    ``(1) activities that are associated with the 
        development or approval of validation and testing regimes; 
        and</DELETED>
        <DELETED>    ``(2) certification or validation of emerging 
        technologies that demonstrate significant environmental 
        benefits.</DELETED>
<DELETED>    ``(d) Funding and Fees.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for 
chapter 503 is amended by inserting after the item relating to section 
50306 the following:</DELETED>

<DELETED>``50307. Green ships program.''.

<DELETED>SEC. 6. RECYCLING OF NATIONAL DEFENSE RESERVE FLEET 
              VESSELS.</DELETED>

<DELETED>    Section 113(e)(15) of title 40, United States Code, is 
amended to read as follows:</DELETED>
        <DELETED>    ``(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;''.</DELETED>

<DELETED>SEC. 7. SHIP SCRAPPING REPORTING REQUIREMENT.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the progress made to recycle 
        vessels;</DELETED>
        <DELETED>    ``(2) any problems encountered in recycling 
        vessels; and</DELETED>
        <DELETED>    ``(3) any other issues relating to vessel 
        recycling and disposal.''.</DELETED>

<DELETED>SEC. 8. EXTENSION OF MARITIME SECURITY FLEET 
              PROGRAM.</DELETED>

<DELETED>    (a) Section 53101 is amended--</DELETED>
        <DELETED>    (1) by amending paragraph (4) to read as 
        follows:</DELETED>
        <DELETED>    ``(4) Foreign commerce.--The term `foreign 
        commerce' means--</DELETED>
                <DELETED>    ``(A) commerce or trade between the United 
                States, its territories or possessions, or the District 
                of Columbia, and a foreign country; and</DELETED>
                <DELETED>    ``(B) commerce or trade between foreign 
                countries.'';</DELETED>
        <DELETED>    (2) by striking paragraph (5);</DELETED>
        <DELETED>    (3) by redesignating paragraphs (6) through (13) 
        as (5) through (12), respectively; and</DELETED>
        <DELETED>    (4) by amending paragraph (5), as redesignated by 
        section 8(a)(3) of this Act, to read as follows:</DELETED>
        <DELETED>    ``(5) Participating fleet vessel.--The term 
        `participating fleet vessel' means any vessel that--</DELETED>
        <DELETED>    ``(A) On October 1, 2015--</DELETED>
                <DELETED>    ``(i) meets the requirements of paragraph 
                (1), (2), (3), or (4) of section 53102(c); 
                and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(B) On December 31, 2014, is covered by an 
        operating agreement under this chapter.''.</DELETED>
<DELETED>    (b) Section 53102(b) is amended to read as 
follows:</DELETED>
<DELETED>    ``(b) Vessel Eligibility.--A vessel is eligible to be 
included in the Fleet if--</DELETED>
        <DELETED>    ``(1) the vessel meets the requirements of 
        paragraph (1), (2), (3), or (4) of subsection (c);</DELETED>
        <DELETED>    ``(2) the vessel is operated (or in the case of a 
        vessel to be constructed, will be operated) in providing 
        transportation in foreign commerce;</DELETED>
        <DELETED>    ``(3) the vessel is self-propelled and--</DELETED>
                <DELETED>    ``(A) is a tank vessel that is 10 years of 
                age or less on the date the vessel is included in the 
                Fleet; or</DELETED>
                <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) the vessel--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) is commercially viable, as 
                determined by the Secretary; and</DELETED>
        <DELETED>    ``(5) the vessel--</DELETED>
                <DELETED>    ``(A) is a United States-documented 
                vessel; or</DELETED>
                <DELETED>    ``(B) is not a United States-documented 
                vessel, but--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Section 53103 is amended--</DELETED>
        <DELETED>    (1) by amending subsection (b) to read as 
        follows:</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (2) by amending subsection (c) to read as 
        follows:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Section 53104 is amended--</DELETED>
        <DELETED>    (1) in subsection (c), by striking paragraph (3); 
        and</DELETED>
        <DELETED>    (2) in subsection (e), by striking ``an operating 
        agreement under this chapter is terminated under subsection 
        (c)(3), or if''.</DELETED>
<DELETED>    (e) Section 53105 is amended--</DELETED>
        <DELETED>    (1) by amending subsection (e) to read as 
        follows:</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (2) by striking subsection (f).</DELETED>
<DELETED>    (f) Section 53106 is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(1), by striking ``and (C) 
        $3,100,000 for each of fiscal years 2012 through 2025.'' and 
        inserting the following:</DELETED>
                <DELETED>    ``(C) $3,100,000 for each of fiscal years 
                2012, 2013, 2014, 2015, 2016, 2017, and 2018;</DELETED>
                <DELETED>    ``(D) $3,500,000 for each of fiscal years 
                2019, 2020, and 2021; and</DELETED>
                <DELETED>    ``(E) $3,700,000 for each of fiscal years 
                2022, 2023, 2024, and 2025.'';</DELETED>
        <DELETED>    (2) in subsection (c)(3)(C), by striking ``a LASH 
        vessel.'' and inserting ``a lighter aboard ship vessel.''; 
        and</DELETED>
        <DELETED>    (3) by striking subsection (f).</DELETED>
<DELETED>    (g) Section 53107(b)(1) is amended to read as 
follows:</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (h) Section 53109 is repealed.</DELETED>
<DELETED>    (i) The table of contents for chapter 531 is amended by 
striking the item relating to section 53109.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(3) $186,000,000 for each of fiscal years 2012, 
        2013, 2014, 2015, 2016, 2017, and 2018;</DELETED>
        <DELETED>    ``(4) $210,000,000 for each of fiscal years 2019, 
        2020, and 2021; and</DELETED>
        <DELETED>    ``(5) $222,000,000 for each fiscal year thereafter 
        through fiscal year 2025.''.</DELETED>
<DELETED>    (k) Chapter 531 is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. Sec.  53112. ACQUISITION OF FLEET VESSELS</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Requirements.--In order to be eligible for 
acquisition by the Secretary under this section, a vessel shall--
</DELETED>
        <DELETED>    ``(1) have been included in a Maritime Security 
        Program Operating Agreement for not less than 3 years; 
        and</DELETED>
        <DELETED>    ``(2) meet recapitalization requirements for the 
        Ready Reserve Force.</DELETED>
<DELETED>    ``(c) Fair Market Value.--The Maritime Administration 
shall establish a fair market value for the acquisition of an eligible 
vessel under this section.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (l) Effective Date of Amendments.--The amendments made 
by--</DELETED>
        <DELETED>    (1) paragraphs (2), (3), and (4) of section 8(a) 
        of this Act take effect on December 31, 2014;</DELETED>
        <DELETED>    (2) section 8(c)(1) of this Act take effect on 
        December 31, 2014; and</DELETED>
        <DELETED>    (3) section 8(f)(2) of this Act take effect on 
        December 31, 2014.</DELETED>

<DELETED>SEC. 9. MARITIME WORKFORCE STUDY.</DELETED>

<DELETED>    (a) Training Study.--The Comptroller General of the United 
States shall conduct a study on the training needs of the maritime 
workforce.</DELETED>
<DELETED>    (b) Study Components.--The study shall--</DELETED>
        <DELETED>    (1) analyze the impact of training requirements 
        imposed by domestic and international regulations and 
        conventions, companies, and government agencies that charter or 
        operate vessels;</DELETED>
        <DELETED>    (2) evaluate the ability of the Nation's maritime 
        training infrastructure to meet the current needs of the 
        maritime industry;</DELETED>
        <DELETED>    (3) evaluate the ability of the Nation's maritime 
        training infrastructure to effectively meet the needs of the 
        maritime industry in the future;</DELETED>
        <DELETED>    (4) identify trends in maritime 
        training;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (6) include recommendations for future programs to 
        enhance the capabilities of the Nation's maritime training 
        infrastructure; and</DELETED>
        <DELETED>    (7) include recommendations for future programs to 
        assist U.S. mariners and those entering the maritime profession 
        achieve the required training.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
              2012.</DELETED>

<DELETED>    There are authorized to be appropriated to the Secretary 
of Transportation for programs of the Maritime Administration the 
following amounts:</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) $28,885,000 is for capital 
                improvements at the U.S. Merchant Marine Academy, to 
                remain available until expended; and</DELETED>
                <DELETED>    (B) $11,100,000 is for maintenance and 
                repair for training ships at State Maritime Schools, to 
                remain available until expended.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Ship disposal.--For disposal of non-retention 
        vessels in the National Defense Reserve Fleet, $18,500,000, to 
        remain available until expended.</DELETED>

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. 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.

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 October 1, 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:

``SEC. Sec.  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 
and practices related to the marine transportation system 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 and facilities.
    ``(b) Program Requirements.--The program shall--
            ``(1) identify, study, evaluate, test, demonstrate, or 
        improve emerging marine technologies and practices that are 
        likely to achieve environmental improvements by--
                    ``(A) reducing air emissions, water emissions, or 
                other ship discharges;
                    ``(B) increasing fuel economy or the use of 
                alternative fuels and alternative energy (including the 
                use of shore power); or
                    ``(C) controlling aquatic invasive species; and
            ``(2) 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 
        or practices 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. WAIVER OF NAVIGATION AND VESSEL-INSPECTION LAWS.

    Section 501(b) is amended by adding ``A waiver shall be accompanied 
by a certification by the individual and the Administrator to the 
Committee on Commerce, Science, and Transportation and the Committee on 
Armed Services of the Senate, and the Committee on Transportation and 
Infrastructure and the Committee on Armed Services of the House of 
Representatives that it is not possible to use a United States flag 
vessel or United States flag vessels collectively to meet the national 
defense requirements.'' after ``prescribes.''.

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 Services of the Senate and the Committee on 
Transportation and Infrastructure, the Committee on Resources, and the 
Committee on Armed Services 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.--
            ``(1) Offer to extend.--Not later than 60 days after the 
        date of enactment of the Maritime Administration Authorization 
        Act for Fiscal Year 2012, the Secretary shall offer, to an 
        existing contractor, to extend, through September 30, 2025, an 
        operating agreement that is in existence on the date of 
        enactment of that Act. The terms and conditions of the extended 
        operating agreement shall include terms and conditions 
        authorized under this chapter, as amended from time to time.
            ``(2) Time limit.--An existing contractor shall have not 
        later than 120 days after the date the Secretary offers to 
        extend an operating agreement to agree to the extended 
        operating agreement.
            ``(3) Subsequent award.--The Secretary may award an 
        operating agreement to an applicant that is eligible to enter 
        into an operating agreement for fiscal years 2016 through 2025 
        if the existing contractor does not agree to the extended 
        operating agreement under paragraph (2).''; 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) Transfer of Operating Agreements.--A contractor under an 
operating agreement may transfer the agreement (including all rights 
and obligations under the operating agreement) to any person that is 
eligible to enter into the operating agreement under this chapter if 
the Secretary and the Secretary of Defense determine that the transfer 
is in the best interests of the United States. A transaction shall not 
be considered a transfer of an operating agreement if the same legal 
entity with the same vessels remains the contracting party under the 
operating agreement.''; and
            (2) by amending subsection (f) to read as follows:
    ``(f) 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.''.
    (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) Section 53111 is amended--
            (1) by striking ``and'' at the end of paragraph (2); and
            (2) by amending paragraph (3) to read as follows:
            ``(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.''.
    (j) Chapter 531 is amended by adding at the end the following:

``SEC. Sec.  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.''.
    (k) The table of contents for chapter 531 is amended--
            (1) by striking the item relating to section 53109; and
            (2) by inserting at the end the following:

``53112. Acquisition of fleet vessels.''.
    (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; and
            (2) 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. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT AWARD 
              PRACTICES.

    (a) In General.--Not later than 12 months after the date of 
enactment of this Act, the Inspector General of the Department of 
Transportation shall conduct an assessment of the source selection 
procedures and practices used to award the Maritime Administration's 
National Defense Reserve Fleet vessel recycling contracts. The 
Inspector General shall assess the process, procedures, and practices 
used for the Maritime Administration's qualification of vessel 
recycling facilities. The Inspector General shall report the findings 
to the Committee on Commerce, Science, and Transportation and the 
Committee on Armed Services of the Senate, and the Committee on 
Transportation and Infrastructure and the Committee on Armed Services 
of the House of Representatives.
    (b) Assessment.--The assessment under subsection (a) shall include 
a review of whether the Maritime Administration's contract source 
selection procedures and practices are consistent with law, the Federal 
Acquisition Regulations (FAR), and Federal best practices associated 
with making source selection decisions.
    (c) Considerations.--In making the assessment under subsection (a), 
the Inspector General may consider any other aspect of the Maritime 
Administration's vessel recycling process that the Inspector General 
deems appropriate to review.

SEC. 11. PROHIBITION ON MARITIME ADMINISTRATION RECEIPT OF POLAR 
              ICEBREAKERS.

    Until the date that is 2 years after the date on which the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives receive the polar icebreaker business case analysis 
under subsection 307(f) of the Coast Guard Authorization Act of 2010 
(14 U.S.C. 92 note), or until the Coast Guard has replaced the Coast 
Guard Cutter POLAR SEA (WAGB 11) and the Coast Guard Cutter POLAR STAR 
(WAGB 10) with 2 ``in commission, active'' heavy polar icebreakers--
            (1) the Administrator of the Maritime Administration may 
        not receive, maintain, dismantle, or recycle either cutter; and
            (2) the Commandant may not--
                    (A) transfer or relinquish ownership of either of 
                the cutters;
                    (B) dismantle a major component of, or recycle 
                parts from, the POLAR SEA, unless the POLAR STAR cannot 
                be made to function properly without doing so;
                    (C) change the homeport of either of the cutters;
                    (D) expend any funds--
                            (i) for any expenses directly or indirectly 
                        associated with the decommissioning of either 
                        of the cutters, including expenses for dock use 
                        or other goods and services;
                            (ii) for any personnel expenses directly or 
                        indirectly associated with the decommissioning 
                        of either of the cutters, including expenses 
                        for a decommissioning officer; or
                            (iii) for any expenses associated with a 
                        decommissioning ceremony for either of the 
                        cutters;
                    (E) appoint a decommissioning officer to be 
                affiliated with either of the cutters; or
                    (F) place either of the cutters in inactive status, 
                including a status of--
                            (i) out of commission, in reserve;
                            (ii) out of service, in reserve; or
                            (iii) pending placement out of commission.

SEC. 12. 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.
                                                       Calendar No. 252

112th CONGRESS

  1st Session

                                S. 1430

                          [Report No. 112-99]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            December 7, 2011

                       Reported with an amendment
```