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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3852 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 591
109th CONGRESS
  2d Session
                                S. 3852

                          [Report No. 109-327]

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2006

       Mr. Stevens, from the Committee on Commerce, Science, and 
 Transportation, reported the following original bill; which was read 
                    twice and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
       To enhance 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Maritime 
Administration Improvement Act of 2006.''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. vessel transfer authority.
Sec. 3. war risk insurance for merchant marine vessels.
Sec. 4. Requirements for admission to the Merchant Marine Academy.
Sec. 5. Reserve training compliance and Armed Forces performance 
                            reporting requirement for graduates.
Sec. 6. Service in the Armed Forces and alternate service requirements.
Sec. 7. Qualifying reserve duty for receipt of student incentive 
                            payments. 
Sec. 8. Global Maritime and Transportation School.
Sec. 9. Availability of funds from application fees for deepwater port 
                            licenses.
Sec. 10. Availability of funds from administrative waivers of coastwise 
                            trade restrictions.
Sec. 11. Amendments to vessel operations revolving fund.
Sec. 12. Right to use Maritime Administration decoration.
Sec. 13. Maritime Security Program tank vessels.
Sec. 14. Intermodal centers.
Sec. 15. Large passenger ship crew requirements.

SEC. 2. VESSEL TRANSFER AUTHORITY.

    (a) In General.--Section 2578 of title 10, United States Code, is 
amended to read as follows:
``Sec. 2578. Transfer of vessels between departments
    ``A vessel under the jurisdiction of a military department may be 
transferred or otherwise made available without reimbursement to 
another military department, the Department of Transportation, or the 
Department of Homeland Security. Notwithstanding the provisions of the 
section 11 of the Foreign Ship Sales Act of 1946, (50 App. U.S.C. 
1744), a vessel under the jurisdiction of the Department of 
Transportation may be transferred or otherwise made available with or 
without reimbursement to any military department or the Department of 
Homeland Security. A vessel under the jurisdiction of the Department of 
Homeland Security may be transferred or otherwise made available 
without reimbursement to any military department or the Department of 
Transportation. Any such transfer shall be made only upon the request 
of the Secretary of the military department to receive the vessel, the 
Secretary of Transportation, or the Secretary of Homeland Security, and 
with the approval of the Secretary of the department having 
jurisdiction of the vessel.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 153 of 
title 10, United States Code, is amended by striking the item relating 
to section 2578 and inserting the following:

``2578. Transfer of vessels between departments.''.

SEC. 3. WAR RISK INSURANCE FOR MERCHANT MARINE VESSELS.

    Section 1208(a) of the Merchant Marine Act, 1936 (46 U.S.C. App. 
1288(a)) is amended by striking ``Upon the request of the Secretary of 
Transportation, the Secretary of the Treasury may invest or reinvest 
all or any part of the fund in securities of the United States or in 
securities guaranteed as to principal and interest by the United 
States.'' and inserting ``The Secretary of Transportation may request 
the Secretary of the Treasury to invest such portion of the fund as is 
not, in the judgment of the Secretary of Transportation, required to 
meet the current needs of the fund. Such investments shall be made by 
the Secretary of the Treasury in public debt securities of the United 
States, with maturities suitable to the needs of the fund, and bearing 
interest rates determined by the Secretary of the Treasury, taking into 
consideration current market yields on outstanding marketable 
obligations of the United States of comparable maturity.''.

SEC. 4. REQUIREMENTS FOR ADMISSION TO THE MERCHANT MARINE ACADEMY.

    Section 1303(b)(2) of the Merchant Marine Act, 1936 (46 U.S.C. App. 
1295b(b)(2)) is amended by adding at the end the following:
            ``(C) Notwithstanding the Rehabilitation Act (29 U.S.C. 701 
        et seq.) or any other provision of the Merchant Marine Act, 
        1936 (46 U.S.C. App. 1101 et seq.), an individual appointed as 
        a cadet may not be admitted to the Academy as a student, unless 
        at the time of the taking of the official oath upon entry into 
        the Merchant Marine Academy, that individual satisfies the 
        physical and mental requirements of the Department of Defense 
        to be appointed or enlisted as a Midshipman, United States 
        Naval Reserve. Following admission to the Academy, 
        notwithstanding the Rehabilitation Act or any other provision 
        of the Merchant Marine Act, 1936 (46 U.S.C. App. 1101 et seq.), 
        such individual may continue as a student only if that 
        individual continues to satisfy the physical and mental 
        standards set forth in this subparagraph unless the Secretary 
        of Transportation waives the standards for such individual upon 
        good cause shown. The decision of the Secretary as to whether 
        to grant such waiver shall be final.''.

SEC. 5. RESERVE TRAINING COMPLIANCE AND ARMED FORCES PERFORMANCE 
              REPORTING REQUIREMENT FOR GRADUATES.

    Section 1303(e) of the Merchant Marine Act, 1936 (46 U.S.C. App. 
1295b(e)) is amended--
            (1) by striking subparagraph (D) of paragraph (1) and 
        inserting the following:
                    ``(D) in the case of an individual who executes a 
                commitment agreement under this subsection after 
                January 1, 2007, to serve and perform all required 
                duties and comply with all the requirements of a 
                commissioned officer in the Selective Reserve of the 
                United States Navy (including the Merchant Marine 
                Reserve), the U.S. Public Health Service, or the 
                National Oceanic and Atmospheric Administration for a 
                period of at least 5 years following the date of 
                appointment, followed by from 1 to 3 years in the 
                Selective Reserve or Inactive Ready Reserve, as 
                provided by regulations prescribed by the Secretary of 
                Defense, (for a total of service no greater than 8 
                years) or, with the approval of the Secretary of 
                Defense, to accept an appointment in any other Reserve 
                component of an armed force of the United States or 
                perform such substitute service as determined by the 
                Secretary of Defense to be the equivalent thereof;''; 
                and
            (2) by adding at the end the following:
            ``(6)(A) In order to meet the requirements of paragraph 
        (1)(D), a graduate of the Academy shall perform all directed 
        training and obey all orders and directions required by the 
        relevant Reserve Component and remain qualified in Ready 
        Reserve classification for a period of not less than 6 years, 
        as required by the regulations of the applicable armed service 
        unless such compliance is waived by the Secretary of Defense or 
        the Secretary of the Department in which the United States 
        Coast Guard is operating.
            ``(B) Notwithstanding section 552a of title 5, United 
        States Code, the Secretary of Defense or the Secretary of the 
        Department in which the Coast Guard is operating, and the 
        Administrator of the National Oceanic and Atmospheric 
        Administration--
                            ``(i) shall report the status of obligated 
                        service of an individual graduate upon request 
                        of the Maritime Administration; and
                            ``(ii) may, in their discretion, notify the 
                        Maritime Administration of the default in 
                        performance of a graduate in the performance of 
                        the graduate's duties, either on active duty or 
                        in the Ready Reserve Component of their 
                        respective service, or as a commissioned 
                        officer of the National Oceanic and Atmospheric 
                        Administration.
                    ``(C) A report or notice under subparagraph (B) 
                shall identify the graduate determined to have failed 
                to comply with service obligation requirements and 
                provide all required information as to why such 
                graduate has failed to comply. Upon receipt of such a 
                report or notice, such graduate may be considered to be 
                in default of the graduate's service obligations by the 
                Maritime Administration, and be subject to all remedies 
                the Maritime Administration may have with respect to 
                such a default.''.

SEC. 6. SERVICE IN THE ARMED FORCES AND ALTERNATE SERVICE REQUIREMENTS.

    Section 1303(e) of the Merchant Marine Act, 1936 (46 U.S.C. App. 
1295b(e)) is amended--
            (1) by striking ``Administration, or'' in paragraph 
        (1)(E)(iii) and inserting ``Administration or the U.S. Public 
        Health Service, or in''; and
            (2) by adding at the end the following:
            ``(7) An individual who graduates from the U. S. Merchant 
        Marine Academy after June 30, 2007, and meets the service 
        commitment described in paragraph (1)(E)(iii) of this 
        subsection shall be excused from meeting the requirements of 
        subparagraphs (1)(C) and (1)(D).
            ``(8) The Secretary may modify or waive any of the terms 
        and conditions set forth in paragraph (1) through the 
        imposition of alternative service requirements.''.

SEC. 7. QUALIFYING RESERVE DUTY FOR RECEIPT OF STUDENT INCENTIVE 
              PAYMENTS.

    Section 1304(g)(2) of title XIII of the Merchant Marine Act, 1936 
(46 U.S.C. App. 1295c(g)(2)) is amended to read as follows:
            ``(2) Each agreement entered into under paragraph (1) shall 
        require the individual to accept enlisted reserve status in the 
        United States Naval Reserve (including the Merchant Marine 
        Reserve, United States Naval Reserve) or the United States 
        Coast Guard Reserve before receiving any student incentive 
        payments under this subsection.''.

SEC. 8. GLOBAL MARITIME AND TRANSPORTATION SCHOOL.

    Title XIII of the Merchant Marine Act, 1936 (46 U.S.C. App. 1295 et 
seq.) is amended by adding at the end the following:

``SEC. 1309. OPERATION OF THE GLOBAL MARITIME AND TRANSPORTATION 
              SCHOOL.

    ``(a) Operation as Nonappropriated Fund Instrumentality.--After the 
date of enactment of the Maritime Administration Improvement Act of 
2006, the Global Maritime and Transportation School shall continue to 
operate as a nonappropriated fund instrumentality of the United States 
under the jurisdiction of the Department of Transportation, Maritime 
Administration.
    ``(b) Activities.--
            ``(1) In general.--Under the general supervision of the 
        Department of Transportation, Maritime Administration, the 
        school shall develop, administer, and provide educational, 
        training, and professional development activities, including 
        educational activities, for Federal agencies, Federal 
        employees, nonprofit organizations, other entities, and members 
        of the general public, as well as carry out such other projects 
        and activities that may be authorized by the Superintendent.
            ``(2) Training services.--The training services and 
        educational activities provided by the school shall be 
        available to the Armed Forces of the United States and 
        Commissioned Officers of the National Oceanic and Atmospheric 
        Administration, Federal and State agencies, Federal and State 
        employees, nonprofit organizations, private companies or 
        organizations, and private individuals of the United States or 
        foreign countries friendly to the United States.
    ``(c) Fees and Donations.--
            ``(1) Collection of fees.--The school may charge and retain 
        fair and reasonable fees for the activities provided.
            ``(2) Acceptance and making of donations.--
                    ``(A) The school may not accept any gifts of 
                services or other items from the United States of 
                America. The school may accept, use, hold, dispose, and 
                administer gifts, bequests, and devises of money, 
                securities, and other real or personal property made 
                for the benefit of, or in connection with the school 
                from parties other than the United States of America.
                    ``(B) The school shall not accept a donation from a 
                person that is actively engaged in a procurement 
                activity with the school or has an interest that may be 
                substantially affected by the performance or 
                nonperformance of an official duty of a member of the 
                Board or an employee of the school.
                    ``(C) The school is authorized to make gifts to the 
                Department of Transportation and the Secretary is 
                authorized to accept gifts from the school for any 
                purpose.
            ``(3) Not federal funds.--Fees collected under paragraph 
        (1) and amounts received under paragraph (2) shall not be 
        considered to be Federal funds and shall not be required to be 
        deposited in the Treasury of the United States. The school 
        shall not be funded by appropriated funds.
    ``(d) Use of USMMA Faculty and Staff.--
            ``(1) Payment.--The school may provide payment to United 
        States Merchant Marine Academy faculty and staff for teaching 
        and other services for the school, but only to the extent that 
        the provision of such teaching or services does not interfere 
        or conflict with the official duties of the faculty and staff 
        and are approved by the Superintendent.
            ``(2) Contracting authority.--The Academy may enter into 
        contracts with the school to provide faculty and staff of the 
        Academy for teaching and other services and, to the extent of 
        the actual costs incurred by the Academy under said contracts, 
        credit such funds received under such contracts to the 
        Academy's appropriations, notwithstanding those provisions of 
        law relating to the deposit of miscellaneous receipts into the 
        Treasury.
    ``(e) General Administration.--
            ``(1) Authority of superintendent.--The Superintendent is 
        responsible for the overall supervision and administration of 
        the school and the determination of its policies. In 
        implementing this responsibility, the Superintendent shall 
        appoint members to the Board and shall designate one member as 
        the Senior Managing Director and may designate other Managing 
        Directors as necessary.
            ``(2) Authority of the board.--The Superintendent may 
        delegate to the Board the Superintendent's responsibility to 
        advise and oversee the supervision and administration of the 
        school. The Board may consist of both United States Merchant 
        Marine Academy employees and non-Academy employees, as 
        determined by the Superintendent. The Board shall be subject to 
        regulation by the Secretary and shall report to the 
        Superintendent.
            ``(3) Authority of the senior managing director.--The 
        Superintendent may delegate to the Senior Managing Director of 
        the school the authority to manage, administer, and operate the 
        school.
            ``(4) Duties of the managing directors.--The Senior 
        Managing Director shall be responsible, subject to the 
        supervision and direction of the Board and the Superintendent, 
        for carrying out the functions of the school. All other 
        Managing Directors shall be responsible, subject to the 
        supervision and direction of the Senior Managing Director, for 
        carrying out the functions of the school.
            ``(5) Borrowing and investment authority.--The Board, with 
        the approval of the Superintendent, may authorize the Senior 
        Managing Director--
                    ``(A) to borrow money on the credit of the school; 
                and
                    ``(B) to invest funds held in excess of the current 
                operating requirements of the school for purposes of 
                maintaining a reasonable reserve.
            ``(6) Liability.--The Managing Directors and the other 
        members of the Board shall not be held personally liable for 
        any loss or damage that may accrue to the school as the result 
        of any act performed within the scope of their duties under 
        this section.
    ``(f) Employees.--Employees of the school are employees of a 
nonappropriated fund instrumentality of the United States.
    ``(g) Not a Federal Agency.--The the school shall not be considered 
a Federal agency for purposes of--
            ``(1) the Federal Advisory Committee Act; or
            ``(2) sections 552 and 552a of title 5, United States Code.
    ``(h) Acquisition and Disposal of Property.--In order to carry out 
the activities of the school, the school may--
            ``(1) acquire goods, services, and real property by lease, 
        purchase, or otherwise;
            ``(2) maintain, enlarge, or remodel any such property;
            ``(3) have sole control of any such personal or real 
        property; and
            ``(4) dispose of real and personal property without regard 
        to the Federal Property and Administrative Services Act of 1949 
        (40 U.S.C. 101 et seq.).
    ``(i) Contract Authority.--The school may enter into contracts and 
leases without regard to the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 101 et seq.) or any other law that 
prescribes procedures for the procurement of property or service by an 
executive agency.
    ``(j) Use of Department Facilities and Resources.--The school may 
use the facilities and resources of the Department of Transportation, 
with the approval of the Superintendent, but only if any costs incurred 
by the Department that are attributable solely to the school operations 
and all costs incurred by the school arising out of such operations are 
paid using funds of the school or the Department of Transportation 
receives other adequate consideration for paying for such costs. Any 
reimbursement may be retained by the United States Merchant Marine 
Academy and credited to the charged appropriations account.
    ``(k) Audits of Records.--The financial records of the school shall 
be made available to the Department of Transportation Inspector 
General, upon request, for purposes of conducting an audit.
    ``(l) Definitions.--In this section:
            ``(1) Board.--The term `Board' means the school Board of 
        Directors.
            ``(2) Director.--The term `Director' means a member of the 
        school's Board of Directors.
            ``(3) Managing director.--The term `Managing Director' 
        means a member of the Board who is an employee of the school 
        with operational responsibility for the organization, but not a 
        Federal employee.
            ``(4) Senior managing director.--The term `Senior Managing 
        Director' means the Managing Director designated the `Senior 
        Managing Director' by the Superintendent, as set forth in 
        subsection (e) of this section.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(6) Superintendent.--The term `Superintendent' means the 
        Superintendent of the United States Merchant Marine Academy at 
        Kings Point, New York, operated by the Maritime Administration, 
        United States Department of Transportation or, in the absence 
        of the Superintendent, the Superintendent's authorized designee 
        or such other person as the Secretary may designate.''.

SEC. 9. AVAILABILITY OF FUNDS FROM APPLICATION FEES FOR DEEPWATER PORT 
              LICENSES.

    (a) In General.--Fees collected pursuant to the processing of 
applications for licenses for ownership, construction, and operation of 
deepwater ports, as authorized by section 5 of the Deepwater Port Act 
of 1974 (33 U.S.C. 1504), shall be credited to the Maritime 
Administration for deposit into its operations and training account. 
Fees credited pursuant to this section shall be used to defray 
administrative expenses and for enhancements and improvements to the 
program's operations, and shall be available until expended.
    (b) Limitation.--The amount of fees credited to the Administration 
under this section may not exceed $400,000 per fiscal year.

SEC. 10. AVAILABILITY OF FUNDS FROM ADMINISTRATIVE WAIVERS OF COASTWISE 
              TRADE RESTRICTIONS.

    (a) In General.--Fees collected pursuant to the processing of 
Administrative Waivers of the Coastwise Trade Laws for Eligible 
Vessels, as authorized by title V of the Coast Guard Authorization Act 
of 1998 (46 U.S.C. 12106 note)--
            (1) shall be credited as offsetting collections to the 
        Maritime Administration for deposit into its Operations and 
        Training account;
            (2) shall be available for expenditure to defray 
        administrative expenses and for enhancements and improvements 
        to the program's operations; and
            (3) shall remain available until expended.
    (b) Limitation.--The amount of fees credited to the Administration 
under this section may not exceed $50,000 per fiscal year.

SEC. 11. AMENDMENTS TO VESSEL OPERATIONS REVOLVING FUND.

    Section 801 of the Act of June 2, 1951 (46 U.S.C. App. 1241a) is 
amended to read as follows:

``SEC. 801. VESSEL OPERATIONS REVOLVING FUND.

    ``(a) In General.--There is established in the Treasury, for the 
purposes set forth in subsection (b), a Vessel Operations Revolving 
Fund which shall be available without appropriation to the Secretary of 
Transportation. All amounts and all receipts and proceeds received by 
the Fund shall be deposited into the Fund, become available for the 
purposes of the Fund, and shall remain available until expended.
    ``(b) Uses.--Amounts in the Fund shall be available for--
            ``(1) all expenses and charges relating to the maintenance, 
        repair, and operation of vessels under the jurisdiction of the 
        Secretary;
            ``(2) all expenses and charges relating to the maintenance, 
        repair, and operation of the facilities necessary to preserve 
        and maintain such vessels;
            ``(3) payment of all costs of, and indirect costs that are 
        reasonably related to, contracting, procurement, inspection, 
        storage, management, distribution, and accountability of 
        vessels under the jurisdiction of the Secretary and such 
        property, facilities, and nonpersonal services as the Secretary 
        deems necessary for the operation and maintenance of such 
        vessels;
            ``(4) expenses incurred in activating, repairing, and 
        deactivating vessels under the jurisdiction of the Secretary;
            ``(5) the acquisition of such vessels for the National 
        Defense Reserve Fleet as both the Secretary and the Secretary 
        of Navy deem necessary;
            ``(6) necessary expenses incurred in the protection, 
        preservation, maintenance, acquisition, or use of vessels of 
        the National Defense Reserve Fleet involved in mortgage 
        foreclosure or forfeiture proceedings instituted by the United 
        States Government, including payment of prior claims and liens, 
        expenses of sale, and other related charges; and
            ``(7) costs and expenses incurred to repair damages to 
        Government property under the jurisdiction or control of the 
        Secretary that is used in connection with the National Defense 
        Reserve Fleet.
    ``(c) Credits to the Fund.--
            ``(1) In general.--There shall be credited to and retained 
        by the Fund--
                    ``(A) all amounts received in connection with 
                vessel operations for vessels under the jurisdiction of 
                the Secretary; except that there shall be no surcharge 
                on charter hire or similar collection in connection 
                with vessel operations for the purpose of the reserve 
                described in subsection (c)(2); and
                    ``(B) any reimbursements, advances, setoffs, 
                refunds, or recoveries arising out of or relating to 
                the operation and maintenance of vessels of the 
                National Defense Reserve Fleet under the jurisdiction 
                of the Secretary, including any recoveries from 
                litigation, arbitration, or otherwise.
            ``(2) Reserve.--There shall be established and retained in 
        the Fund from litigation and arbitration recoveries a reserve, 
        not to exceed $30,000,000 at any one time, for use as a reserve 
        for unscheduled repairs and other necessary expenses in 
        connection with casualties to vessels in the National Reserve 
        Fleet.
    ``(d) Laws Relating to Seamen.--Subject to the provisions of 
sections 1(a) and (c), 3(c), and 4 of the Act of March 24, 1943 (50 
U.S.C. App. 1291(a) and (c), 1293(c), 1294), seamen employed on vessels 
in the custody of the Secretary and operated through the Secretary's 
ship managers or general agents may be so employed by such ship 
managers or agents in accordance with customary commercial practices in 
the maritime industry without regard to any of the laws on employment 
of persons by the United States.
    ``(e) Advancements.--With the approval of the Director of the 
Office of Management and Budget, the Secretary may advance amounts the 
Secretary considers necessary from the Fund to the Maritime 
Administration Operations and Training appropriation account for 
purposes of carrying out duties and powers related to the maintenance, 
repair, and operation of vessels under the jurisdiction of the 
Secretary, without regard to the limitations on amounts stated in the 
Operations and Training appropriation.''
    ``(f) Limitations.--
            ``(1) In general.--Amounts made available to the Secretary 
        for purposes of this section or any other law may not be used 
        to pay for a vessel described in paragraph (2) unless the 
        compensation to be paid is computed under section 56303 of 
        title 46, United States Code, as that section is interpreted by 
        the Comptroller General.
            ``(2) Applicable vessels.--Paragraph (1) applies to a 
        vessel--
                    ``(A) the title to which is acquired by the 
                Government by requisition or purchase;
                    ``(B) the use of which is taken by requisition or 
                agreement; or
                    ``(C) that is lost while insured by the Government.
            ``(3) Nonapplicable vessels.--Subparagraph (1) of this 
        section does not apply to a vessel operating under a 
        construction-differential subsidy contract.''.

SEC. 12. RIGHT TO USE MARITIME ADMINISTRATION DECORATION.

    Section 8 of the Merchant Marine Decorations and Medals Act (46 
U.S.C. App. 2007) is amended by inserting ``or the Secretary of 
Transportation,'' after ``Act,''.

SEC. 13. MARITIME SECURITY PROGRAM TANK VESSELS.

    (a) In General.--Section 53103(c)(4) of title 46, United States 
Code, is amended--
            (1) by striking ``(i)'' in subparagraph (A)(i) and 
        inserting ``(i)(I);
            (2) by striking ``(ii)'' in subparagraph (A)(ii) and 
        inserting ``(II);
            (3) by striking ``53102(b).'' in subparagraph (A)(i)(II), 
        as amended, and inserting ``53102(b); or'';
            (4) by inserting after subparagraph (A)(i)(II), as amended, 
        the following:
                            ``(ii)(I) not later than 9 months after the 
                        first date amounts are to available to carry 
                        out this chapter, the operator of the existing 
                        tank vessel enters into an agreement to charter 
                        one or more tank vessels to be built in the 
                        United States and operated as a documented 
                        vessel or documented vessels; and
                            ``(II) the combined tonnage of the 
                        documented vessel or vessels to be constructed 
                        under clause (I) is equal to or greater than 
                        the tonnage of the existing tank vessel subject 
                        to an operating agreement.
                        If the person that is the owner or operator of 
                        the existing tank vessel owns or operates more 
                        than one existing tank vessel subject to an 
                        operating agreement, the combined tonnage of 
                        all documented vessels to be built under clause 
                        (ii)(I) for that owner or operator shall be 
                        equal to or greater than the combined tonnage 
                        of all such existing tank vessels owned or 
                        operated by such person that are subject to 
                        operating agreements. For the purpose of clause 
                        (ii), tonnage shall be measured under section 
                        14502 of this title, or an alternate tonnage 
                        measured under section 14302 of this title as 
                        prescribed by the Secretary under section 14104 
                        of this title.'';
            (5) by inserting ``subject to subparagraph (A)(i)'' after 
        ``existing tank vessel'' in subparagraph (B); and
            (6) by adding at the end thereof the following:
                    ``(C) Subparagraph (A)(ii) applies only for the 
                period that the operator of the existing tank vessel 
                charters the United States-built vessel or vessels 
                described in such subparagraph. No payment under this 
                chapter may be made for an existing tank vessel subject 
                to subparagraph (A)(ii) for any period that the United 
                States-built vessel or vessels described in such 
                subparagraph are not chartered by the operator of the 
                existing tank vessel.''.-
    (b) Assistance Authority.--Section 3543(a) of the National Defense 
Authorization Act for Fiscal Year 2004 (46 U.S.C. 53101 note) is 
amended by striking ``shall, to the extent of the availability of 
appropriations,'' and inserting ``may''.

SEC. 14. INTERMODAL CENTERS.

    (a) In General.--Notwithstanding section 5309(m)(6)(B) of title 49, 
United States Code, half of the amounts appropriated or made available 
under subsections (b) and (c) of section 5338 of title 49, United 
States Code, for capital projects under section 5309(m)(6)(B) of that 
title for fiscal years 2006 through 2009 shall be made available and 
used, in accordance with section 9008(a) of Public Law 109-59, for an 
intermodal or marine facility comprising a component of the Hawaii Port 
Infrastructure Expansion Program.
    (b) Supplementary Funding.--Any amount made available pursuant to 
subsection (a) shall be in addition to any amounts authorized or 
appropriated pursuant to subsections (b) and (c) of section 9008 of 
Public Law 109-59.

SEC. 15. LARGE PASSENGER SHIP CREW REQUIREMENTS.

    (a) In General.--For the purpose of facilitating the implementation 
by the Maritime Administration of section 211 of Public Law 108-7 
Division B, Title II, General Provisions, Department of Commerce, 
section 8103 of title 46, United States Code, is amended by adding at 
the end the following:
    ``(k)(1) Each unlicensed seaman on a passenger vessel of more than 
70,000 gross tons as measured under section 14302 of this title, with 
capacity for at least 2,000 passengers and documented with a coastwise 
endorsement under chapter 121 of this title, shall be--
            ``(A) a citizen of the United States;
            ``(B) an alien lawfully admitted to the United States for 
        permanent residence,
            ``(C) an alien allowed to be employed under the Immigration 
        and Nationality Act (8 U.S.C. 1101 et seq.), including an alien 
        crewman under section 1101 (15)(D)(i) of that Act; or
            ``(D) a foreign national who is enrolled in the United 
        States Merchant Marine Academy.
    ``(2) Not more than 25 percent of the unlicensed seamen on a vessel 
subject to paragraph (1) of this subsection may be aliens referred to 
in subparagraph (B) or (C) of that paragraph.
    ``(3) An unlicensed seaman referred to in paragraph (1)(C) of this 
subsection--
            ``(A) shall have been employed, for a period of not less 
        than 1 year, on a passenger vessel under the same common 
        ownership or control as the vessel referred to in paragraph (1) 
        of this subsection, as certified by the owner or managing 
        operator of such vessel;
            ``(B) may be employed only in the steward's department, as 
        defined in the vessel security plan approved by the Secretary 
        pursuant to section 70103(c) of this title, of the vessel; and
            ``(C) shall have successfully completed a security check of 
        the relevant domestic and international databases, as 
        appropriate, or any other national security-related information 
        or database.''.
    (b) Implementation.--An unlicensed seaman referred to in section 
8103(j)(1)(C) or (D) of title 46, United States Code--
            (1) is deemed to meet the nationality requirements 
        necessary to qualify for a merchant mariner document 
        notwithstanding the requirements of part 12 of title 46, Code 
        of Federal Regulations; and
            (2) may be employed for a period of service on board not to 
        exceed 36 months in the aggregate as a nonimmigrant crewman 
        under section 1101(15)(D)(i) of the Immigration and Nationality 
        Act (8 U.S. C. 1101(15)(D)(i)) on vessels engaged in domestic 
        voyages notwithstanding the departure requirements of such 
        section and the regulations and rules promulgated thereunder.
                                                       Calendar No. 591

109th CONGRESS

  2d Session

                                S. 3852

                          [Report No. 109-327]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 6, 2006

                 Read twice and placed on the calendar
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