```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3566 Reported in Senate (RS)]

                                                       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.

    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 2011''.</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. Authorization of appropriations for fiscal year 2011.
<DELETED>Sec. 3. Research authority.
<DELETED>Sec. 4. Marine transportation system.
<DELETED>Sec. 5. Amendments to the Short Sea transportation initiative.
<DELETED>Sec. 6. Recycling of National Defense Reserve Fleet Vessels.
<DELETED>Sec. 7. Green ships program.
<DELETED>Sec. 8. Technical correction.

<DELETED>SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
              2011.</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 
        $158,665,000 for the fiscal year ending September 30, 2011, of 
        which--</DELETED>
                <DELETED>    (A) $30,900,000 is for capital 
                improvements at the U.S. Merchant Marine Academy, to 
                remain available until expended; and</DELETED>
                <DELETED>    (B) $11,007,000 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 $4,000,000, 
        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, $10,000,000, to 
        remain available until expended.</DELETED>
        <DELETED>    (4) Maritime security program.--For necessary 
        expenses to maintain and preserve a U.S.-flag merchant fleet to 
        serve the national security needs of the United States, 
        $174,000,000, to remain available until expended.</DELETED>

<DELETED>SEC. 3. RESEARCH AUTHORITY.</DELETED>

<DELETED>    Section 51301 is amended--</DELETED>
        <DELETED>    (1) by inserting -``as an institution of higher 
        education'' after ``Academy''; and</DELETED>
        <DELETED>    (2) by striking ``States.'' and inserting 
        ``States, to conduct research with respect to maritime-related 
        matters, and to provide such other appropriate academic 
        support, assistance, training, and activities in accordance 
        with the provisions of this chapter as the Secretary may 
        authorize.''.</DELETED>

<DELETED>SEC. 4. 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 Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committees on 
        Armed Services and on Transportation and Infrastructure 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 and inland waterway 
                infrastructure;</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) Intercoastal and inland water 
        transportation.--The Secretary may investigate, make 
        determinations concerning, and develop a repository of 
        statistical information relating to intercoastal water 
        transportation, including its relationship to transportation by 
        land and air to facilitate research, assessment, and 
        maintenance of the maritime transportation system.</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.--Within 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 Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committees on Armed Services and on 
        Transportation and Infrastructure. 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 considered.--In conducting the 
        assessment, the Administration shall consider--</DELETED>
                <DELETED>    (A) the environmental benefits of 
                increasing container-on-barge movements on our inland 
                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 would not be inconsistent 
                with the antitrust laws; and</DELETED>
                <DELETED>    (E) potential frequency of service at 
                inland river ports.</DELETED>

<DELETED>SEC. 5. AMENDMENTS TO THE SHORT SEA TRANSPORTATION 
              INITIATIVE.</DELETED>

<DELETED>    (a) Program Purpose.--Section 55601(a) is amended by 
striking ``program to mitigate landside congestion.'' and inserting 
``program.''.</DELETED>
<DELETED>    (b) Designation of Routes.--Section 55601(c) is amended by 
striking ``to use the waterways to relieve landside congestion along 
coastal corridors.'' and inserting ``to make more efficient use of the 
Nation's waterways.''.</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 will provide transportation services for 
passengers or freight (or both) that may reduce congestion on landside 
infrastructure or lead to other public benefits, as determined by the 
Secretary, using documented vessels.''.</DELETED>
<DELETED>    (d) Documentation.--Section 55605 is amended--</DELETED>
        <DELETED>    (1) by striking ``by vessel'' and inserting ``by 
        documented vessel''; and</DELETED>
        <DELETED>    (2) by inserting ``or its territories'' after 
        ``United States'' each place it appears.</DELETED>

<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. GREEN SHIPS PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Maritime Administrator may establish 
a green ships program to engage in environmental study and assessment 
through the use of public vessels under the control of the Maritime 
Administration, private vessels under United States registry made 
available by agreement, and through partnerships and cooperative 
efforts with academic, public, and non-governmental entities to 
identify, evaluate, demonstrate, or improve technologies likely to 
achieve environmental improvements through reduction of air or water 
emissions, improvement of fuel economy, or control of aquatic invasive 
species.</DELETED>
<DELETED>    (b) Public Access; Reports.--The Maritime Administrator 
shall--</DELETED>
        <DELETED>    (1) make available to the public the results of 
        activities undertaken by the program as frequently and as 
        widely disseminated as feasible, but in no case less than once 
        each year; and</DELETED>
        <DELETED>    (2) with the concurrence of the Secretary of 
        Transportation or his designee, submit an annual report to the 
        Senate Committee on Commerce, Science, and Transportation and 
        the House of Representatives Committee on Transportation and 
        Infrastructure on the activities, expenditures, and results of 
        the program during the preceding year.</DELETED>
<DELETED>    (c) Funding.--The Maritime Administrator may apply such 
funds as may be appropriated, and such funds or resources as become 
available by gift, cooperative agreement, or otherwise, to carry out 
the program.</DELETED>

<DELETED>SEC. 8. TECHNICAL CORRECTION.</DELETED>

<DELETED>    Chapter 571 is amended--</DELETED>
        <DELETED>    (1) by striking the section heading of section 
        57103 and inserting the following:</DELETED>
<DELETED>``</DELETED><DELETED>57103. Donation of non-retention vessel 
              in the National Defense Reserve Fleet'';</DELETED>
        <DELETED>    and</DELETED>
        <DELETED>    (2) by striking the item relating to section 57103 
        in the table of contents for chapter 571 and inserting the 
        following:</DELETED>

<DELETED>``57103. Donation of non-retention vessel in the National 
                            Defense Reserve Fleet''.

</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 2011''.
    (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. 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.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2011.

    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 $158,665,000 
        for the fiscal year ending September 30, 2011, of which--
                    (A) $30,900,000 is for capital improvements at the 
                U.S. Merchant Marine Academy, to remain available until 
                expended; and
                    (B) $11,007,000 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 $4,000,000, 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, $10,000,000, to remain 
        available until expended.
            (4) Maritime security program.--For necessary expenses to 
        maintain and preserve a U.S.-flag merchant fleet to serve the 
        national security needs of the United States, $174,000,000, to 
        remain available until expended.

SEC. 3. RESEARCH AUTHORITY.

    Section 51301 is amended--
            (1) by inserting -``as an institution of higher education'' 
        after ``Academy''; and
            (2) by striking ``States.'' and inserting ``States, to 
        conduct research with respect to maritime-related matters, and 
        to provide such other appropriate academic support, assistance, 
        training, and activities in accordance with the provisions of 
        this chapter as the Secretary may authorize.''.

SEC. 4. 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 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 Senate Committee on Commerce, Science, and Transportation 
        and the House of Representatives Committees on Armed Services 
        and on Transportation and Infrastructure 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 and inland waterway infrastructure;
                    ``(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) Intercoastal and inland water transportation.--The 
        Secretary may investigate, make determinations concerning, and 
        develop a repository of statistical information relating to 
        intercoastal water transportation, including its relationship 
        to transportation by land and air to facilitate research, 
        assessment, and maintenance of the maritime transportation 
        system.
            ``(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.--Within 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 Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committees on Armed Services and on 
        Transportation and Infrastructure. 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 considered.--In conducting the assessment, the 
        Administration shall consider--
                    (A) the environmental benefits of increasing 
                container-on-barge movements on our inland 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 would not be inconsistent with the antitrust laws; 
                and
                    (E) potential frequency of service at inland river 
                ports.

SEC. 5. AMENDMENTS TO THE SHORT SEA TRANSPORTATION INITIATIVE.

    (a) Program Purpose.--Section 55601(a) is amended by striking 
``program to mitigate landside congestion.'' and inserting 
``program.''.
    (b) Designation of Routes.--Section 55601(c) is amended by striking 
``to use the waterways to relieve landside congestion along coastal 
corridors.'' and inserting ``to make more efficient use of the Nation's 
waterways.''.
    (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 will provide transportation services for passengers or 
freight (or both) that may reduce congestion on landside infrastructure 
or lead to other public benefits, as determined by the Secretary, using 
documented vessels.''.
    (d) Documentation.--Section 55605 is amended--
            (1) by striking ``by vessel'' and inserting ``by documented 
        vessel''; and
            (2) by inserting ``or its territories'' after ``United 
        States'' each place it appears.

SEC. 6. RECYCLING OF NATIONAL DEFENSE RESERVE FLEET VESSELS.

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

SEC. 7. GREEN SHIPS PROGRAM.

    (a) In General.--Chapter 503 is amended by adding at the end 
thereof the following:
``50307. Green ships program
    ``(a) In General.--The Secretary may establish a green ships 
program to engage in the environmental study and assessment of emerging 
marine technologies through the use of public vessels under the control 
of the Maritime Administration or private vessels under United States 
registry. The program shall--
            ``(1) identify, evaluate, demonstrate, or improve emerging 
        marine technologies likely to achieve environmental 
        improvements through reductions of air and water emissions, 
        increased fuel economy, or control of aquatic invasive species; 
        and
            ``(2) be coordinated with the Environmental Protection 
        Agency, the United States Coast Guard, or State agencies as 
        appropriate, to develop and approve a validation and testing 
        regime to certify or validate emerging technologies that 
        demonstrate significant environmental benefits.
    ``(b) Funding.--In carrying out the program the Secretary may apply 
such funds as may be appropriated or such funds or resources as may 
become available by gift, cooperative agreement, or otherwise for the 
purposes of the program and its administration.
    ``(c) Reports.--The Secretary shall submit an annual report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infrastructure on 
the activities, expenditures, and results of the program during the 
preceding fiscal year.''.
    (b) Conforming Amendment.--The table of contents for chapter 503 is 
amended by adding at the end thereof the following:

``50307. Green ships program''.

SEC. 8. TECHNICAL CORRECTION.

    Chapter 571 is amended--
            (1) by striking the section heading of section 57103 and 
        inserting the following:
``57103. Donation of non-retention vessel in the National Defense 
              Reserve Fleet'';
            and
            (2) by striking the item relating to section 57103 in the 
        table of contents for chapter 571 and inserting the following:

``57103. Donation of non-retention vessel in the National Defense 
                            Reserve Fleet''.
                                                       Calendar No. 712

111th CONGRESS

  2d Session

                                S. 3566

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 17, 2010

                       Reported with an amendment
```