II 

111TH CONGRESS 

2D SESSION S. 3566 

To authorize certain maritime programs of the Department of Transportation, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2010 

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

A BILL 

To authorize certain maritime programs of the Department 

of Transportation, and for other purposes. 

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; AMENDMENT OF TITLE 46, 

4 UNITED STATES CODE; TABLE OF CONTENTS. 

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

6 ‘‘Maritime Administration Authorization Act for Fiscal 

7 Year 2011’’. 

8 (b) AMENDMENT OF TITLE 46, UNITED STATES

9 CODE.—Except as otherwise expressly provided, whenever 

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


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

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

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

4 Code. 

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

6 this Act is as follows: 

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

Sec. 2. Authorization of appropriations for fiscal year 2011. 

Sec. 3. Research authority. 

Sec. 4. Marine transportation system. 

Sec. 5. Amendments to the Short Sea transportation initiative. 

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

Sec. 7. Green ships program. 

Sec. 8. Technical correction. 

7 SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL 

8 YEAR 2011. 

9 There are authorized to be appropriated to the Sec10 retary of Transportation for programs of the Maritime 

11 Administration the following amounts: 

12 (1) OPERATIONS AND TRAINING.—For expenses 

13 necessary for operations and training activities, not 

14 to exceed $158,665,000 for the fiscal year ending 

15 September 30, 2011, of which— 

16 (A) $30,900,000 is for capital improve17 ments at the U.S. Merchant Marine Academy, 

18 to remain available until expended; and 

19 (B) $11,007,000 is for maintenance and 

20 repair for training ships at State Maritime 

21 Schools, to remain available until expended. 


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1 (2) MARITIME GUARANTEED LOANS.—For ad2 ministrative expenses related to loan guarantee com3 mitments under chapter 537 of title 46, United 

4 States Code, not to exceed $4,000,000, which shall 

5 be paid to the appropriation for ‘‘Operations and 

6 Training’’, Maritime Administration. 

7 (3) SHIP DISPOSAL.—For disposal of non-reten8 tion vessels in the National Defense Reserve Fleet, 

9 $10,000,000, to remain available until expended. 

10 (4) MARITIME SECURITY PROGRAM.—For nec11 essary expenses to maintain and preserve a U.S.-flag 

12 merchant fleet to serve the national security needs 

13 of the United States, $174,000,000, to remain avail14 able until expended. 

15 SEC. 3. RESEARCH AUTHORITY. 

16 Section 51301 is amended— 

17 (1) by inserting ‘‘as an institution of higher 

18 education’’ after ‘‘Academy’’; and 

19 (2) by striking ‘‘States.’’ and inserting ‘‘States, 

20 to conduct research with respect to maritime-related 

21 matters, and to provide such other appropriate aca22 demic support, assistance, training, and activities in 

23 accordance with the provisions of this chapter as the 

24 Secretary may authorize.’’. 


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1 SEC. 4. MARINE TRANSPORTATION SYSTEM. 

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

3 50109(d) is amended to read as follows: 

4 ‘‘(d) MARINE TRANSPORTATION SYSTEM.— 

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

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

7 the Secretary of Defense and the commanding offi8 cer of the Army Corps of Engineers, and with the 

9 concurrence of the Secretary of the department in 

10 which the Coast Guard is operating, shall submit a 

11 report to the Senate Committee on Commerce, 

12 Science, and Transportation and the House of Rep13 resentatives Committees on Armed Services and on 

14 Transportation and Infrastructure on the status of 

15 the Nation’s coastal and inland waterways that— 

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

17 States’ marine transportation infrastructure, in18 cluding intercoastal and inland waterway infra19 structure; 

20 ‘‘(B) provides estimates of the investment 

21 levels required— 

22 ‘‘(i) to maintain the infrastructure; 

23 and 

24 ‘‘(ii) to improve the infrastructure; 

25 and 


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1 ‘‘(C) describes the overall environmental 

2 management of the maritime transportation 

3 system and the integration of environmental 

4 stewardship into the overall system. 

5 ‘‘(2) INTERCOASTAL AND INLAND WATER

6 TRANSPORTATION.—The Secretary may investigate, 

7 make determinations concerning, and develop a re8 pository of statistical information relating to inter9 coastal water transportation, including its relation10 ship to transportation by land and air to facilitate 

11 research, assessment, and maintenance of the mari12 time transportation system. 

13 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to the Sec15 retary such sums as may be necessary to carry out 

16 this subsection.’’. 

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

18 (1) ASSESSMENT AND REPORT.—Within 6 

19 months after the date of enactment of this Act, the 

20 Maritime Administration shall assess the potential 

21 for using container-on-barge transportation on the 

22 inland waterways system and submit a report, to23 gether with the Administration’s findings, conclu24 sions, and recommendations, to the Senate Com25 mittee on Commerce, Science, and Transportation 


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1 and the House of Representatives Committees on 

2 Armed Services and on Transportation and Infra3 structure. If the Administration determines that it 

4 would be in the public interest, the report may in5 clude recommendations for a plan to increase aware6 ness of the potential for use of such container-on7 barge transportation and recommendations for the 

8 development and implementation of such a plan. 

9 (2) FACTORS CONSIDERED.—In conducting the 

10 assessment, the Administration shall consider— 

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

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

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

18 awareness of deep sea shipping operations; 

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

21 with the antitrust laws; and 

22 (E) potential frequency of service at inland 

23 river ports. 


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1 SEC. 5. AMENDMENTS TO THE SHORT SEA TRANSPOR2 TATION INITIATIVE. 

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

4 amended by striking ‘‘program to mitigate landside con5 gestion.’’ and inserting ‘‘program.’’. 

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

7 amended by striking ‘‘to use the waterways to relieve 

8 landside congestion along coastal corridors.’’ and inserting 

9 ‘‘to make more efficient use of the Nation’s waterways.’’. 

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

11 amended to read as follows: 

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

13 designate a project as a short sea transportation project 

14 if the Secretary determines that the project will provide 

15 transportation services for passengers or freight (or both) 

16 that may reduce congestion on landside infrastructure or 

17 lead to other public benefits, as determined by the Sec18 retary, using documented vessels.’’. 

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

20 (1) by striking ‘‘by vessel’’ and inserting ‘‘by 

21 documented vessel’’; and 

22 (2) by inserting ‘‘or its territories’’ after 

23 ‘‘United States’’ each place it appears. 


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1 SEC. 6. RECYCLING OF NATIONAL DEFENSE RESERVE 

2 FLEET VESSELS. 

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

4 is amended to read as follows: 

5 ‘‘(15) the Maritime Administration with respect 

6 to the acquisition, procurement, operation, mainte7 nance, preservation, sale, lease, charter, construc8 tion, reconstruction, reconditioning (including outfit9 ting and equipping incidental to construction, recon10 struction, or reconditioning) or disposal for recycling 

11 (including related contracts for towing, dry-docking, 

12 sale or purchase of services for recycling, and vessel 

13 management), of a merchant vessel or shipyard, ship 

14 site, terminal, pier, dock, warehouse, or other instal15 lation necessary or appropriate for carrying out a 

16 program of the Administration authorized by law or 

17 non-administrative activities incidental to a program 

18 of the Administration authorized by law, but the Ad19 ministration shall, to the maximum extent it con20 siders practicable, consistent with the purposes of its 

21 programs and the effective, efficient conduct of its 

22 activities, coordinate its operations with the require23 ments of this subtitle and with policies and regula24 tions prescribed under this subtitle;’’. 


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1 SEC. 7. GREEN SHIPS PROGRAM. 

2 (a) IN GENERAL.—The Maritime Administrator may 

3 establish a green ships program to engage in environ4 mental study and assessment through the use of public 

5 vessels under the control of the Maritime Administration, 

6 private vessels under United States registry made avail7 able by agreement, and through partnerships and coopera8 tive efforts with academic, public, and non-governmental 

9 entities to identify, evaluate, demonstrate, or improve 

10 technologies likely to achieve environmental improvements 

11 through reduction of air or water emissions, improvement 

12 of fuel economy, or control of aquatic invasive species. 

13 (b) PUBLIC ACCESS; REPORTS.—The Maritime Ad14 ministrator shall— 

15 (1) make available to the public the results of 

16 activities undertaken by the program as frequently 

17 and as widely disseminated as feasible, but in no 

18 case less than once each year; and 

19 (2) with the concurrence of the Secretary of 

20 Transportation or his designee, submit an annual re21 port to the Senate Committee on Commerce, 

22 Science, and Transportation and the House of Rep23 resentatives Committee on Transportation and In24 frastructure on the activities, expenditures, and re25 sults of the program during the preceding year. 


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1 (c) FUNDING.—The Maritime Administrator may 

2 apply such funds as may be appropriated, and such funds 

3 or resources as become available by gift, cooperative agree4 ment, or otherwise, to carry out the program. 

5 SEC. 8. TECHNICAL CORRECTION. 

6 Chapter 571 is amended— 

7 (1) by striking the section heading of section 

8 57103 and inserting the following: 

9 ‘‘§ 57103. Donation of non-retention vessel in the Na10 tional Defense Reserve Fleet’’; 

11 and 

12 (2) by striking the item relating to section 

13 57103 in the table of contents for chapter 571 and 

14 inserting the following: 

‘‘57103. Donation of non-retention vessel in the National Defense Reserve 

Fleet’’. 

Æ 


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