II 

Calendar No. 712 

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, Mr. ROCKEFELLER, Mr. THUNE, and Mrs. 

HUTCHISON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

DECEMBER 17, 2010 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike all after the enacting clause and insert the matter printed in italic] 

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, 


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1 SECTION. 1. SHORT TITLE; AMENDMENT OF TITLE 46, 

2 UNITED STATES CODE; TABLE OF CONTENTS. 

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

4 ‘‘Maritime Administration Authorization Act for Fiscal 

5 Year 2011’’. 

6 (b) AMENDMENT OF TITLE 46, UNITED STATES

7 CODE.—Except as otherwise expressly provided, whenever 

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

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

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

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

12 Code. 

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

14 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. 

15 SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL 

16 YEAR 2011. 

17 There are authorized to be appropriated to the Sec18 retary of Transportation for programs of the Maritime 

19 Administration the following amounts: 

20 (1) OPERATIONS AND TRAINING.—For expenses 

21 necessary for operations and training activities, not 


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

2 September 30, 2011, of which— 

3 (A) $30,900,000 is for capital improve4 ments at the U.S. Merchant Marine Academy, 

5 to remain available until expended; and 

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

7 repair for training ships at State Maritime 

8 Schools, to remain available until expended. 

9 (2) MARITIME GUARANTEED LOANS.—For ad10 ministrative expenses related to loan guarantee com11 mitments under chapter 537 of title 46, United 

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

13 be paid to the appropriation for ‘‘Operations and 

14 Training’’, Maritime Administration. 

15 (3) SHIP DISPOSAL.—For disposal of non-reten16 tion vessels in the National Defense Reserve Fleet, 

17 $10,000,000, to remain available until expended. 

18 (4) MARITIME SECURITY PROGRAM.—For nec19 essary expenses to maintain and preserve a U.S.-flag 

20 merchant fleet to serve the national security needs 

21 of the United States, $174,000,000, to remain avail22 able until expended. 

23 SEC. 3. RESEARCH AUTHORITY. 

24 Section 51301 is amended— 


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

2 education’’ after ‘‘Academy’’; and 

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

4 to conduct research with respect to maritime-related 

5 matters, and to provide such other appropriate aca6 demic support, assistance, training, and activities in 

7 accordance with the provisions of this chapter as the 

8 Secretary may authorize.’’. 

9 SEC. 4. MARINE TRANSPORTATION SYSTEM. 

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

11 50109(d) is amended to read as follows: 

12 ‘‘(d) MARINE TRANSPORTATION SYSTEM.— 

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

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

15 the Secretary of Defense and the commanding offi16 cer of the Army Corps of Engineers, and with the 

17 concurrence of the Secretary of the department in 

18 which the Coast Guard is operating, shall submit a 

19 report to the Senate Committee on Commerce, 

20 Science, and Transportation and the House of Rep21 resentatives Committees on Armed Services and on 

22 Transportation and Infrastructure on the status of 

23 the Nation’s coastal and inland waterways that— 

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

25 States’ marine transportation infrastructure, inVerDate Mar 15 2010 23:56 Dec 18, 2010 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S3566.RS S3566

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1 cluding intercoastal and inland waterway infra2 structure; 

3 ‘‘(B) provides estimates of the investment 

4 levels required— 

5 ‘‘(i) to maintain the infrastructure; 

6 and 

7 ‘‘(ii) to improve the infrastructure; 

8 and 

9 ‘‘(C) describes the overall environmental 

10 management of the maritime transportation 

11 system and the integration of environmental 

12 stewardship into the overall system. 

13 ‘‘(2) INTERCOASTAL AND INLAND WATER

14 TRANSPORTATION.—The Secretary may investigate, 

15 make determinations concerning, and develop a re16 pository of statistical information relating to inter17 coastal water transportation, including its relation18 ship to transportation by land and air to facilitate 

19 research, assessment, and maintenance of the mari20 time transportation system. 

21 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated to the Sec23 retary such sums as may be necessary to carry out 

24 this subsection.’’. 

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


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1 (1) ASSESSMENT AND REPORT.—Within 6 

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

3 Maritime Administration shall assess the potential 

4 for using container-on-barge transportation on the 

5 inland waterways system and submit a report, to6 gether with the Administration’s findings, conclu7 sions, and recommendations, to the Senate Com8 mittee on Commerce, Science, and Transportation 

9 and the House of Representatives Committees on 

10 Armed Services and on Transportation and Infra11 structure. If the Administration determines that it 

12 would be in the public interest, the report may in13 clude recommendations for a plan to increase aware14 ness of the potential for use of such container-on15 barge transportation and recommendations for the 

16 development and implementation of such a plan. 

17 (2) FACTORS CONSIDERED.—In conducting the 

18 assessment, the Administration shall consider— 

19 (A) the environmental benefits of increas20 ing container-on-barge movements on our in21 land waterways system; 

22 (B) regional differences in the inland wa23 terways system; 


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1 (C) existing programs established at coast2 al and Great Lakes ports for establishing 

3 awareness of deep sea shipping operations; 

4 (D) mechanisms to ensure that implemen5 tation of the plan would not be inconsistent 

6 with the antitrust laws; and 

7 (E) potential frequency of service at inland 

8 river ports. 

9 SEC. 5. AMENDMENTS TO THE SHORT SEA TRANSPOR10 TATION INITIATIVE. 

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

12 amended by striking ‘‘program to mitigate landside con13 gestion.’’ and inserting ‘‘program.’’. 

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

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

16 landside congestion along coastal corridors.’’ and inserting 

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

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

19 amended to read as follows: 

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

21 designate a project as a short sea transportation project 

22 if the Secretary determines that the project will provide 

23 transportation services for passengers or freight (or both) 

24 that may reduce congestion on landside infrastructure or 


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1 lead to other public benefits, as determined by the Sec2 retary, using documented vessels.’’. 

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

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

5 documented vessel’’; and 

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

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

8 SEC. 6. RECYCLING OF NATIONAL DEFENSE RESERVE 

9 FLEET VESSELS. 

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

11 is amended to read as follows: 

12 ‘‘(15) the Maritime Administration with respect 

13 to the acquisition, procurement, operation, mainte14 nance, preservation, sale, lease, charter, construc15 tion, reconstruction, reconditioning (including outfit16 ting and equipping incidental to construction, recon17 struction, or reconditioning) or disposal for recycling 

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

19 sale or purchase of services for recycling, and vessel 

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

21 site, terminal, pier, dock, warehouse, or other instal22 lation necessary or appropriate for carrying out a 

23 program of the Administration authorized by law or 

24 non-administrative activities incidental to a program 

25 of the Administration authorized by law, but the AdVerDate Mar 15 2010 23:56 Dec 18, 2010 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S3566.RS S3566

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1 ministration shall, to the maximum extent it con2 siders practicable, consistent with the purposes of its 

3 programs and the effective, efficient conduct of its 

4 activities, coordinate its operations with the require5 ments of this subtitle and with policies and regula6 tions prescribed under this subtitle;’’. 

7 SEC. 7. GREEN SHIPS PROGRAM. 

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

9 establish a green ships program to engage in environ10 mental study and assessment through the use of public 

11 vessels under the control of the Maritime Administration, 

12 private vessels under United States registry made avail13 able by agreement, and through partnerships and coopera14 tive efforts with academic, public, and non-governmental 

15 entities to identify, evaluate, demonstrate, or improve 

16 technologies likely to achieve environmental improvements 

17 through reduction of air or water emissions, improvement 

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

19 (b) PUBLIC ACCESS; REPORTS.—The Maritime Ad20 ministrator shall— 

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

22 activities undertaken by the program as frequently 

23 and as widely disseminated as feasible, but in no 

24 case less than once each year; and 


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1 (2) with the concurrence of the Secretary of 

2 Transportation or his designee, submit an annual re3 port to the Senate Committee on Commerce, 

4 Science, and Transportation and the House of Rep5 resentatives Committee on Transportation and In6 frastructure on the activities, expenditures, and re7 sults of the program during the preceding year. 

8 (c) FUNDING.—The Maritime Administrator may 

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

10 or resources as become available by gift, cooperative agree11 ment, or otherwise, to carry out the program. 

12 SEC. 8. TECHNICAL CORRECTION. 

13 Chapter 571 is amended— 

14 (1) by striking the section heading of section 

15 57103 and inserting the following: 

16 ‘‘§ 57103. Donation of non-retention vessel in the Na17 tional Defense Reserve Fleet’’; 

18 and 

19 (2) by striking the item relating to section 

20 57103 in the table of contents for chapter 571 and 

21 inserting the following: 

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

Fleet’’. 


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•S 3566 IS 

1 SECTION. 1. SHORT TITLE; AMENDMENT OF TITLE 46, 

2 UNITED STATES CODE; TABLE OF CONTENTS. 

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

4 ‘‘Maritime Administration Authorization Act for Fiscal 

5 Year 2011’’. 

6 (b) AMENDMENT OF TITLE 46, UNITED STATES

7 CODE.—Except as otherwise expressly provided, whenever 

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

9 of an amendment to, or a repeal of, a section or other provi10 sion, the reference shall be considered to be made to a section 

11 or other provision of title 46, United States Code. 

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

13 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. 

14 SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL 

15 YEAR 2011. 

16 There are authorized to be appropriated to the Sec17 retary of Transportation for programs of the Maritime Ad18 ministration the following amounts: 

19 (1) OPERATIONS AND TRAINING.—For expenses 

20 necessary for operations and training activities, not 

21 to exceed $158,665,000 for the fiscal year ending Sep22 tember 30, 2011, of which— 


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1 (A) $30,900,000 is for capital improvements 

2 at the U.S. Merchant Marine Academy, to re3 main available until expended; and 

4 (B) $11,007,000 is for maintenance and re5 pair for training ships at State Maritime 

6 Schools, to remain available until expended. 

7 (2) MARITIME GUARANTEED LOANS.—For ad8 ministrative expenses related to loan guarantee com9 mitments under chapter 537 of title 46, United States 

10 Code, not to exceed $4,000,000, which shall be paid to 

11 the appropriation for ‘‘Operations and Training’’, 

12 Maritime Administration. 

13 (3) SHIP DISPOSAL.—For disposal of non-reten14 tion vessels in the National Defense Reserve Fleet, 

15 $10,000,000, to remain available until expended. 

16 (4) MARITIME SECURITY PROGRAM.—For nec17 essary expenses to maintain and preserve a U.S.-flag 

18 merchant fleet to serve the national security needs of 

19 the United States, $174,000,000, to remain available 

20 until expended. 

21 SEC. 3. RESEARCH AUTHORITY. 

22 Section 51301 is amended— 

23 (1) by inserting –‘‘as an institution of higher 

24 education’’ after ‘‘Academy’’; and 


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•S 3566 IS 

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

2 to conduct research with respect to maritime-related 

3 matters, and to provide such other appropriate aca4 demic support, assistance, training, and activities in 

5 accordance with the provisions of this chapter as the 

6 Secretary may authorize.’’. 

7 SEC. 4. MARINE TRANSPORTATION SYSTEM. 

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

9 50109(d) is amended to read as follows: 

10 ‘‘(d) MARINE TRANSPORTATION SYSTEM.— 

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

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

13 Secretary of Defense and the commanding officer of 

14 the Army Corps of Engineers, and with the concur15 rence of the Secretary of the department in which the 

16 Coast Guard is operating, shall submit a report to the 

17 Senate Committee on Commerce, Science, and Trans18 portation and the House of Representatives Commit19 tees on Armed Services and on Transportation and 

20 Infrastructure on the status of the Nation’s coastal 

21 and inland waterways that— 

22 ‘‘(A) describes the state of the United States’ 

23 marine transportation infrastructure, including 

24 intercoastal and inland waterway infrastructure; 


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1 ‘‘(B) provides estimates of the investment 

2 levels required— 

3 ‘‘(i) to maintain the infrastructure; 

4 and 

5 ‘‘(ii) to improve the infrastructure; 

6 and 

7 ‘‘(C) describes the overall environmental 

8 management of the maritime transportation sys9 tem and the integration of environmental stew10 ardship into the overall system. 

11 ‘‘(2) INTERCOASTAL AND INLAND WATER TRANS12 PORTATION.—The Secretary may investigate, make 

13 determinations concerning, and develop a repository 

14 of statistical information relating to intercoastal 

15 water transportation, including its relationship to 

16 transportation by land and air to facilitate research, 

17 assessment, and maintenance of the maritime trans18 portation system. 

19 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to the Sec21 retary such sums as may be necessary to carry out 

22 this subsection.’’. 

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

24 (1) ASSESSMENT AND REPORT.—Within 6 

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


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1 Maritime Administration shall assess the potential for 

2 using container-on-barge transportation on the inland 

3 waterways system and submit a report, together with 

4 the Administration’s findings, conclusions, and rec5 ommendations, to the Senate Committee on Com6 merce, Science, and Transportation and the House of 

7 Representatives Committees on Armed Services and 

8 on Transportation and Infrastructure. If the Admin9 istration determines that it would be in the public in10 terest, the report may include recommendations for a 

11 plan to increase awareness of the potential for use of 

12 such container-on-barge transportation and rec13 ommendations for the development and implementa14 tion of such a plan. 

15 (2) FACTORS CONSIDERED.—In conducting the 

16 assessment, the Administration shall consider— 

17 (A) the environmental benefits of increasing 

18 container-on-barge movements on our inland wa19 terways system; 

20 (B) regional differences in the inland water21 ways system; 

22 (C) existing programs established at coastal 

23 and Great Lakes ports for establishing awareness 

24 of deep sea shipping operations; 


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1 (D) mechanisms to ensure that implementa2 tion of the plan would not be inconsistent with 

3 the antitrust laws; and 

4 (E) potential frequency of service at inland 

5 river ports. 

6 SEC. 5. AMENDMENTS TO THE SHORT SEA TRANSPOR7 TATION INITIATIVE. 

8 (a) PROGRAM PURPOSE.—Section 55601(a) is amend9 ed by striking ‘‘program to mitigate landside congestion.’’ 

10 and inserting ‘‘program.’’. 

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

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

13 landside congestion along coastal corridors.’’ and inserting 

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

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

16 amended to read as follows: 

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

18 designate a project as a short sea transportation project if 

19 the Secretary determines that the project will provide trans20 portation services for passengers or freight (or both) that 

21 may reduce congestion on landside infrastructure or lead 

22 to other public benefits, as determined by the Secretary, 

23 using documented vessels.’’. 

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


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

2 documented vessel’’; and 

3 (2) by inserting ‘‘or its territories’’ after ‘‘United 

4 States’’ each place it appears. 

5 SEC. 6. RECYCLING OF NATIONAL DEFENSE RESERVE 

6 FLEET VESSELS. 

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

8 amended to read as follows: 

9 ‘‘(15) the Maritime Administration with respect 

10 to the acquisition, procurement, operation, mainte11 nance, preservation, sale, lease, charter, construction, 

12 reconstruction, reconditioning (including outfitting 

13 and equipping incidental to construction, reconstruc14 tion, or reconditioning) or disposal for recycling (in15 cluding related contracts for towing, dry-docking, sale 

16 or purchase of services for recycling, and vessel man17 agement), of a merchant vessel or shipyard, ship site, 

18 terminal, pier, dock, warehouse, or other installation 

19 necessary or appropriate for carrying out a program 

20 of the Administration authorized by law or non-ad21 ministrative activities incidental to a program of the 

22 Administration authorized by law, but the Adminis23 tration shall, to the maximum extent it considers 

24 practicable, consistent with the purposes of its pro25 grams and the effective, efficient conduct of its activiVerDate Mar 15 2010 23:56 Dec 18, 2010 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\S3566.RS S3566

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1 ties, coordinate its operations with the requirements 

2 of this subtitle and with policies and regulations pre3 scribed under this subtitle;’’. 

4 SEC. 7. GREEN SHIPS PROGRAM. 

5 (a) IN GENERAL.—Chapter 503 is amended by adding 

6 at the end thereof the following: 

7 ‘‘§ 50307. Green ships program 

8 ‘‘(a) IN GENERAL.—The Secretary may establish a 

9 green ships program to engage in the environmental study 

10 and assessment of emerging marine technologies through the 

11 use of public vessels under the control of the Maritime Ad12 ministration or private vessels under United States reg13 istry. The program shall— 

14 ‘‘(1) identify, evaluate, demonstrate, or improve 

15 emerging marine technologies likely to achieve envi16 ronmental improvements through reductions of air 

17 and water emissions, increased fuel economy, or con18 trol of aquatic invasive species; and 

19 ‘‘(2) be coordinated with the Environmental Pro20 tection Agency, the United States Coast Guard, or 

21 State agencies as appropriate, to develop and approve 

22 a validation and testing regime to certify or validate 

23 emerging technologies that demonstrate significant en24 vironmental benefits. 


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1 ‘‘(b) FUNDING.—In carrying out the program the Sec2 retary may apply such funds as may be appropriated or 

3 such funds or resources as may become available by gift, 

4 cooperative agreement, or otherwise for the purposes of the 

5 program and its administration. 

6 ‘‘(c) REPORTS.—The Secretary shall submit an annual 

7 report to the Senate Committee on Commerce, Science, and 

8 Transportation and the House of Representatives Com9 mittee on Transportation and Infrastructure on the activi10 ties, expenditures, and results of the program during the 

11 preceding fiscal year.’’. 

12 (b) CONFORMING AMENDMENT.—The table of contents 

13 for chapter 503 is amended by adding at the end thereof 

14 the following: 

‘‘50307. Green ships program’’. 

15 SEC. 8. TECHNICAL CORRECTION. 

16 Chapter 571 is amended— 

17 (1) by striking the section heading of section 

18 57103 and inserting the following: 

19 ‘‘§ 57103. Donation of non-retention vessel in the Na20 tional Defense Reserve Fleet’’; 

21 and 

22 (2) by striking the item relating to section 57103 

23 in the table of contents for chapter 571 and inserting 

24 the following: 

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


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Calendar No. 712 

111TH CONGRESS 

2D SESSION S. 3566 

A BILL 

To authorize certain maritime programs of the Deposes. partment of Transportation, and for other purDECEMBER 17, 2010 

Reported with an amendment 


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