II 

111TH CONGRESS 

1ST SESSION S. 1308 

To reauthorize the Maritime Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 19, 2009 

Mr. LAUTENBERG introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To reauthorize the Maritime Administration, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Maritime Administra5 tion Authorization Act of 2010’’. 

6 SEC. 2. COOPERATIVE AGREEMENTS, ADMINISTRATIVE EX7 PENSES, AND CONTRACTING AUTHORITY. 

8 Section 109 of title 49, United States Code, is 

9 amended— 

10 (1) by striking the heading for subsection (h) 

11 and inserting the following: 


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1 ‘‘(h) CONTRACTS, COOPERATIVE AGREEMENTS, AND

2 AUDITS.—’’; 

3 (2) by striking the heading for paragraph (1) of 

4 subsection (h) and inserting the following: 

5 ‘‘(1) CONTRACTS AND COOPERATIVE AGREE6 MENTS.—’’; 

7 (3) by striking ‘‘make contracts’’ in subsection 

8 (h)(1) and inserting ‘‘make contracts and coopera9 tive agreements’’; 

10 (4) by striking ‘‘section and’’ in subsection 

11 (h)(1)(A) and inserting ‘‘section,’’; 

12 (5) by striking ‘‘title 46;’’ in subsection 

13 (h)(1)(A) and insert ‘‘title 46, and all other Mari14 time Administration programs;’’; and 

15 (6) by redesignating subsection (i) as subsection 

16 (j) and inserting after subsection (h) the following: 

17 ‘‘(i) GRANT ADMINISTRATIVE EXPENSES.—Except as 

18 otherwise provided by law, the administrative and related 

19 expenses for the administration of any grant programs by 

20 the Maritime Administrator may not exceed 3 percent.’’. 

21 SEC. 3. USE OF FUNDING FOR DOT MARITIME HERITAGE 

22 PROPERTY. 

23 Section 6(a)(1) of the National Maritime Heritage 

24 Act of 1994 (16 U.S.C. 5405(a)(1)) is amended by strik25 ing subparagraph (C) and inserting the following: 


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1 ‘‘(C) The remainder, whether collected be2 fore or after the date of enactment of the Mari3 time Administration Authorization Act of 2010, 

4 shall be available to the Secretary to carry out 

5 the Program, as provided in subsection (b) of 

6 this section or, if otherwise determined by the 

7 Maritime Administrator, for use in the preser8 vation and presentation to the public of mari9 time heritage property of the Maritime Admin10 istration.’’. 

11 SEC. 4. LIQUIDATION OF UNUSED LEAVE BALANCE AT THE 

12 MERCHANT MARINE ACADEMY. 

13 The Maritime Administration may use appropriated 

14 funds to make a lump-sum payment at a rate of pay that 

15 existed on the date of termination or day before conversion 

16 to the Civil Service for any unused annual leave accrued 

17 by a non-appropriated fund instrumentality employee who 

18 was terminated if determined ineligible for conversion, or 

19 converted to the Civil Service as a United States Merchant 

20 Marine Academy employee during fiscal year 2009. 


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1 SEC. 5. PERMANENT AUTHORITY TO HIRE ADJUNCT PRO2 FESSORS AT THE MERCHANT MARINE ACAD3 EMY. 

4 (a) IN GENERAL.—Chapter 513 of title 46, United 

5 States Code, is amended by adding at the end thereof the 

6 following: 

7 ‘‘§ 51317. Adjunct professors 

8 ‘‘(a) IN GENERAL.—The Maritime Administrator 

9 may, subject to the availability of appropriations, contract 

10 with individuals as personal services contractors to provide 

11 services as adjunct professors at the United States Mer12 chant Marine Academy, if the Maritime Administrator de13 termines that there is a need for adjunct professors and 

14 the need is not of permanent duration. 

15 ‘‘(b) CONTRACT REQUIREMENTS.—Each contract 

16 under this section— 

17 ‘‘(1) shall be approved by the Maritime Admin18 istrator; and 

19 ‘‘(2) shall be for a duration, including options, 

20 of not to exceed one year unless the Maritime Ad21 ministration finds that exceptional circumstances 

22 justify an extension, which may not exceed one addi23 tional year. 

24 ‘‘(c) LIMITATION ON NUMBER OF CONTRACTORS.— 

25 In awarding contracts under this section, the Maritime 

26 Administrator shall ensure that not more than 25 individVerDate Nov 24 2008 01:43 Jun 20, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1308.IS S1308

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1 uals actively provide services in any one academic tri2 mester, or equivalent, as contractors under subsection (a). 

3 ‘‘(d) EXISTING CONTRACTS.—Any contract entered 

4 into before the date of enactment of the Maritime Admin5 istration Authorization Act of 2010 for the services of an 

6 adjunct professor at the Academy shall remain in effect 

7 for the trimester (or trimesters) for which the services 

8 were contracted.’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) The table of contents for chapter 513 of 

11 title 46, United States Code, is amended by adding 

12 at the end thereof the following: 

‘‘51317. Adjunct professors.’’. 

13 (2) Section 3506 of the Duncan Hunter Na14 tional Defense Authorization Act for Fiscal Year 

15 2009 (46 U.S.C. 53101 note) is repealed. 

16 SEC. 6. USE OF MIDSHIPMAN FEES. 

17 Section 51314 of title 46, United States Code, is 

18 amended— 

19 (1) by striking ‘‘1994.’’ in subsection (b) and 

20 inserting ‘‘1994, or for calculators, computers, per21 sonal and academic supplies, midshipman services 

22 such as barber, tailor, or laundry services, and U.S. 

23 Coast Guard license fees.’’; and 

24 (2) by adding at the end thereof the following: 

25 ‘‘(c) USE AND ACCOUNTING.— 


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1 ‘‘(1) USE.—Midshipman fees collected by the 

2 Academy shall be credited to the Maritime Adminis3 tration’s Operations and Training appropriations, to 

4 remain available until expended, for those expenses 

5 directly related to the purposes of the fees. Fees col6 lected in excess of actual expenses may be returned 

7 to the midshipmen through a mechanism approved 

8 by the Maritime Administrator. 

9 ‘‘(2) ACCOUNTING.—The Maritime Administra10 tion shall maintain a separate and detailed account11 ing of fee revenue and all associated expenses.’’. 

12 SEC. 7. CONSTRUCTION OF VESSELS IN THE UNITED 

13 STATES POLICY. 

14 Section 50101(a)(4) of title 46, United States Code, 

15 is amended by inserting ‘‘constructed in the United 

16 States’’ after ‘‘vessels’’. 

17 SEC. 8. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM. 

18 Section 50302 of title 46, United States Code, is 

19 amended by adding at the end thereof the following: 

20 ‘‘(c) PORT INFRASTRUCTURE DEVELOPMENT PRO21 GRAM.— 

22 ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Sec23 retary of Transportation, through the Maritime Ad24 ministration, shall establish a port infrastructure deVerDate Nov 24 2008 01:43 Jun 20, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1308.IS S1308

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1 velopment program for the improvement of port fa2 cilities. 

3 ‘‘(2) AUTHORITY OF THE ADMINISTRATOR.—In 

4 order to carry out any program established under 

5 paragraph (1), the Maritime Administrator may— 

6 ‘‘(A) receive funds provided for the pro7 gram from non-Federal and private entities 

8 that have a specific agreement or contract with 

9 the Maritime Administration to further the pur10 poses of this subsection; 

11 ‘‘(B) coordinate with other Federal agen12 cies to expedite the process established under 

13 the National Environmental Policy Act of 1969 

14 (42 U.S.C. 4321 et seq.) for the improvement 

15 of port facilities to relieve port congestion, to 

16 increase port security, or to provide greater ac17 cess to port facilities; 

18 ‘‘(C) seek to coordinate all reviews or re19 quirements with appropriate local, State, and 

20 Federal agencies; 

21 ‘‘(D) provide such technical assistance to 

22 port authorities or commissions or their subdivi23 sions and agents as needed for project plan24 ning, design, and construction; and 


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1 ‘‘(E) encourage such public-private part2 nerships as may be necessary for the develop3 ment of financial support of the project as the 

4 Administrator deems necessary. 

5 ‘‘(3) PORT INFRASTRUCTURE DEVELOPMENT

6 FUND.— 

7 ‘‘(A) ESTABLISHMENT.—There is a Port 

8 Infrastructure Development Fund for use by 

9 the Administrator in carrying out the port in10 frastructure development program. The Fund 

11 shall be available to the Administrator— 

12 ‘‘(i) to administer and carry out the 

13 program; 

14 ‘‘(ii) to receive non-Federal and pri15 vate funds from entities which have spe16 cific agreements or contracts with the Ad17 ministrator; and 

18 ‘‘(iii) to make refunds for projects 

19 that will not be completed. 

20 ‘‘(B) CREDITS.—There shall be deposited 

21 into the Fund— 

22 ‘‘(i) funds from non-Federal and pri23 vate entities which have agreements or 

24 contracts with the Administrator and 


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1 which shall remain in the Fund until ex2 pended; 

3 ‘‘(ii) income from investments made 

4 pursuant to subparagraph (D); and 

5 ‘‘(iii) such amounts as may be appro6 priated or transferred to the Fund under 

7 this subsection. 

8 ‘‘(C) TRANSFERS.—Amounts appropriated 

9 or otherwise made available for any fiscal year 

10 for an intermodal or marine facility comprising 

11 a component of the program shall be trans12 ferred to the Fund and administered by the Ad13 ministrator. 

14 ‘‘(D) INVESTMENTS.—Amounts in the 

15 Fund which are not currently needed for the 

16 program shall be kept on deposit or invested in 

17 obligations of, or guaranteed by, the United 

18 States. 

19 ‘‘(E) ADMINISTRATIVE EXPENSES.—Ad20 ministrative and related expenses for the pro21 gram for any fiscal year may not exceed 3 per22 cent of the amount available to the program for 

23 that fiscal year. 

24 ‘‘(F) AUTHORIZATION OF APPROPRIA25 TIONS.—There are authorized to be approVerDate Nov 24 2008 01:43 Jun 20, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1308.IS S1308

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1 priated to the Fund such sums as may be nec2 essary to carry out the program, taking into ac3 count amounts received under subparagraph 

4 (A)(ii).’’. 

5 SEC. 9. REEFS FOR MARINE LIFE CONSERVATION PRO6 GRAM. 

7 (a) IN GENERAL.—Section 3 of Public Law 92–402 

8 (16 U.S.C. 1220) is amended by adding at the end thereof 

9 the following: 

10 ‘‘(d) Any territory, possession, or Commonwealth of 

11 the United States, and any foreign country, may apply to 

12 the Secretary for an obsolete vessel to be used for an arti13 ficial reef under this section. The application process and 

14 reefing of any such obsolete vessel shall be performed in 

15 a manner consistent with the process jointly developed by 

16 the Secretary of Transportation and the Administrator of 

17 the Environmental Protection Agency under section 

18 3504(b) of Public Law 107–314 (16 U.S.C. 1220 note).’’. 

19 (b) LIMITATION.—Section 7 of Public Law 92–402 

20 (16 U.S.C. 1220c–1) is amended by adding at the end 

21 thereof the following: 

22 ‘‘(d) LIMITATION.—The Secretary may not provide 

23 assistance under this section to a foreign country to which 

24 an obsolete ship is transferred under this Act.’’. 


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1 SEC. 10. STUDENT INCENTIVE PAYMENT AGREEMENTS. 

2 Section 51509(b) of title 46, United States Code, is 

3 amended by striking ‘‘paid before the start of each aca4 demic year,’’ and inserting ‘‘paid,’’. 

5 SEC. 11. UNITED STATES MERCHANT MARINE ACADEMY 

6 GRADUATE PROGRAM RECEIPT, DISBURSE7 MENT, AND ACCOUNTING FOR NON-APPRO8 PRIATED FUNDS. 

9 Section 51309(b) of title 46, United States Code, is 

10 amended by inserting after ‘‘body.’’ the following: ‘‘Non11 appropriated funds received for this purpose shall be cred12 ited to the Maritime Administration’s Operations and 

13 Training appropriation, to remain available until ex14 pended, for those expenses directly related to the purpose 

15 of such receipts. The Superintendent shall maintain a sep16 arate and detailed accounting of non-appropriated fund 

17 receipts and all associated expenses.’’. 

18 SEC. 12. AMERICA’S SHORT SEA TRANSPORTATION GRANTS 

19 FOR THE DEVELOPMENT OF MARINE HIGH20 WAYS. 

21 (a) IN GENERAL.—Chapter 556 of title 46, United 

22 States Code, is amended by redesignating sections 55602 

23 through 55605 as sections 55603 through 55606 and by 

24 inserting after section 55601 the following: 


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1 ‘‘§ 55602. Short sea transportation grant program 

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

3 shall establish and implement a short sea transportation 

4 grant program. 

5 ‘‘(b) PURPOSE.—The purposes of the program are to 

6 make grants to States and other public entities and spon7 sors of short sea transportation projects designated by the 

8 Secretary— 

9 ‘‘(1) to facilitate and support marine transpor10 tation initiatives at the State and local levels to fa11 cilitate commerce, mitigate landside congestion, re12 duce the transportation energy consumption, reduce 

13 harmful emissions, improve safety, assist in environ14 mental mitigation efforts, and improve transpor15 tation system resiliency; and 

16 ‘‘(2) to provide capital funding to address short 

17 sea transportation infrastructure and freight trans18 portation needs for ports, vessels, and intermodal 

19 cargo facilities. 

20 ‘‘(c) ELIGIBLE PROJECTS.—To be eligible for a grant 

21 under the program, a project— 

22 ‘‘(1) shall be designed to help relieve conges23 tion, improve transportation safety, facilitate domes24 tic and international trade, or encourage public-pri25 vate partnerships; and 


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1 ‘‘(2) may include development, modification, 

2 and construction of marine and intermodal cargo fa3 cilities, vessels, port infrastructure and cargo han4 dling equipment, and transfer facilities at ports. 

5 ‘‘(d) SELECTION PROCESS.— 

6 ‘‘(1) APPLICATIONS.—A State or other public 

7 entity, or the sponsor of any short sea transpor8 tation project designated by the Secretary under the 

9 America’s Marine Highway Program (MARAD 

10 Docket No. 2008–0096; 73 FR 59530), may submit 

11 an application to Secretary for a grant under the 

12 short sea transportation grant program. The appli13 cation shall contain such information and assurances 

14 as the Secretary may require. 

15 ‘‘(2) PRIORITY.—In selecting projects for 

16 grants, the Secretary shall give priority to projects 

17 that are consistent with the objectives of the short 

18 sea transportation initiative and America’s Marine 

19 Highway Program that will— 

20 ‘‘(A) mitigate landside congestion; 

21 ‘‘(B) provide the greatest public benefit in 

22 energy savings, reduced emissions, improved 

23 system resiliency, and improved safety; 

24 ‘‘(C) include and demonstrate the greatest 

25 environmental responsibility; and 


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1 ‘‘(D) provide savings as an alternative to 

2 or means to avoid highway or rail transpor3 tation infrastructure construction and mainte4 nance. 

5 ‘‘(e) USE OF GRANT FUNDS.—Funds made available 

6 to a recipient of a grant under this section shall be used 

7 by the recipient for the project described in the application 

8 of the recipient approved by the Secretary.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 for chapter 556 of title 46, United States Code, is amend11 ed— 

12 (1) by redesignating the items relating to sec13 tions 55602 through 55605 as relating to section 

14 55603 through 55606; and 

15 (2) by inserting after the item relating to sec16 tion 55601 the following: 

‘‘55602. Short sea transportation grant program.’’. 

17 SEC. 13. AUTHORIZATION OF APPROPRIATIONS FOR FIS18 CAL YEAR 2010. 

19 (a) IN GENERAL.—There are authorized to be appro20 priated to the Secretary of Transportation, for the use of 

21 the Maritime Administration, for fiscal year 2010 the fol22 lowing amounts: 

23 (1) For expenses necessary for operations and 

24 training activities, $152,900,000, of which— 


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1 (A) $74,448,000 shall remain available 

2 until expended for expenses at the United 

3 States Merchant Marine Academy, of which 

4 $15,391,000 shall be available for the capital 

5 improvement program; and 

6 (B) $11,240,000 which shall remain avail7 able until expended for maintenance and repair 

8 of school ships at the State Maritime Acad9 emies. 

10 (2) For expenses to maintain and preserve a 

11 United States-flag merchant fleet to serve the na12 tional security needs of the United States under 

13 chapter 531 of title 46, United States Code, 

14 $174,000,000. 

15 (3) For paying reimbursement under section 

16 3517 of the Maritime Security Act of 2003 (46 

17 U.S.C. 53101 note), $19,500,000. 

18 (4) For expenses to dispose of obsolete vessels 

19 in the National Defense Reserve Fleet, including 

20 provision of assistance under section 7 of Public 

21 Law 92–402, $15,000,000. 

22 (5) For the cost (as defined in section 502(5) 

23 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

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1 thorized by chapter 537 of title 46, United States 

2 Code, $30,000,000. 

3 (6) For administrative expenses related to the 

4 implementation of the loan guarantee program 

5 under chapter 537 of title 46, United States Code, 

6 administrative expenses related to implementation of 

7 the reimbursement program under section 3517 of 

8 the Maritime Security Act of 2003 (46 U.S.C. 

9 53101 note), and administrative expenses related to 

10 the implementation of the small shipyards and mari11 time communities assistance program under section 

12 54101 of title 46, United States Code, $6,000,000. 

13 (b) AVAILABILITY.—Amounts appropriated pursuant 

14 to subsection (a) shall remain available, as provided in ap15 propriations Acts, until expended. 

Æ 


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