S.Amdt. 1394

1. Rewrites page 595, line 3 through page 599, line 22

   ReplacesPrinted page

   Removes page 595, line 3 through page 599, line 22 of the printed bill. See that page

   Inserted: SECTION 3301. SHORT TITLE; AMENDMENT OF TITLE 46, UNITED STATES CODE; TABLE OF CONTENTS.

   Inserted: (a) Short Title.--This title may be cited as the Maritime Administration Authorization Act for Fiscal Year 2012.

   Inserted: (b) Amendment of Title 46, United States Code.--Except as otherwise expressly provided, whenever in this title 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.

   Inserted: (c) Table of Contents.--The table of contents for this title is as follows:

   Inserted: Sec. 3301. Short title; amendment of title 46, United States Code; table of contents.

   Inserted: Sec. 3302. Marine transportation system.

   Inserted: Sec. 3303. Short sea transportation program amendments.

   Inserted: Sec. 3304. Use of national defense reserve fleet and ready reserve force vessels.

   Inserted: Sec. 3305. Green ships program.

   Inserted: Sec. 3306. Waiver of navigation and vessel-inspection laws.

   Inserted: Sec. 3307. Ship scrapping reporting requirement.

   Inserted: Sec. 3308. Extension of maritime security fleet program.

   Show 176 more inserted paragraphsShow less

   Inserted: Sec. 3309. Maritime workforce study.

   Inserted: Sec. 3310. Maritime administration vessel recycling contract award practices.

   Inserted: Sec. 3311. Prohibition on maritime administration receipt of polar icebreakers.

   Inserted: Sec. 3312. Authorization of appropriations for fiscal year 2012.

   Inserted: SEC. 3302. MARINE TRANSPORTATION SYSTEM.

   Inserted: (a) Report on Status of System.--Section 50109(d) is amended to read as follows:

   Inserted: "(d) Marine Transportation System.--

   Inserted: "(1) Report on waterways.--Not later than October 1, 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 Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives on the status of the Nation's coastal and inland waterways that--

   Inserted: "(A) describes the state of the United States' marine transportation infrastructure, including intercoastal infrastructure, intracoastal infrastructure, inland waterway infrastructure, ports, and marine facilities;

   Inserted: "(B) provides estimates of the investment levels required--

   Inserted: "(i) to maintain the infrastructure; and

   Inserted: "(ii) to improve the infrastructure; and

   Inserted: "(C) describes the overall environmental management of the maritime transportation system and the integration of environmental stewardship into the overall system.

   Inserted: "(2) Marine transportation.--The Secretary may investigate, make determinations concerning, and develop a repository of statistical information relating to marine transportation, including its relationship to transportation by land and air, to facilitate research, assessment, and maintenance of the maritime transportation system. As used in this paragraph, the term marine transportation includes intercoastal transportation, intracoastal transportation, inland waterway transportation, ports, and marine facilities.

   Inserted: "(3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this subsection.".

   Inserted: (b) Container-on-barge Transportation.--

   Inserted: (1) Assessment and report.--Not later than 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 Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives. 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.

   Inserted: (2) Factors.--In conducting the assessment, the Administration shall consider--

   Inserted: (A) the environmental benefits of increasing container-on-barge movements on our inland and intracoastal waterways system;

   Inserted: (B) regional differences in the inland waterways system;

   Inserted: (C) existing programs established at coastal and Great Lakes ports for establishing awareness of deep sea shipping operations;

   Inserted: (D) mechanisms to ensure that implementation of the plan will not be inconsistent with antitrust laws; and

   Inserted: (E) potential frequency of service at inland river ports.

   Inserted: SEC. 3303. SHORT SEA TRANSPORTATION PROGRAM AMENDMENTS.

   Inserted: (a) Program Purpose.--Section 55601(a) is amended by inserting "and to promote more efficient use of the navigable waters of the United States" after "congestion".

   Inserted: (b) Designation of Routes.--Section 55601(c) is amended by inserting "and to promote more efficient use of the navigable waters of the United States" after "coastal corridors".

   Inserted: (c) Project Designation.--Section 55601(d) is amended to read as follows:

   Inserted: "(d) Project Designation.--The Secretary may designate a project as a short sea transportation project if the Secretary determines that the project--

   Inserted: "(1) mitigates landside congestion; or

   Inserted: "(2) promotes more efficient use of the navigable waters of the United States.".

   Inserted: (d) Documentation.--Section 55605 is amended by striking "by vessel" and inserting "by a documented vessel".

   Inserted: SEC. 3304. USE OF NATIONAL DEFENSE RESERVE FLEET AND READY RESERVE FORCE VESSELS.

   Inserted: Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), is amended--

   Inserted: (1) in subsection (b)--

   Inserted: (A) by striking "or" in paragraph (4) after the semicolon;

   Inserted: (B) by striking the period at the end of paragraph (5) and inserting "; or"; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(6) for civil contingency operations and Maritime Administration promotional and media events under subsection (f)."; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(f) Civil Contingency Operations and Promotional and Media Events.--The Secretary of Transportation may allow, with the concurrence of the Secretary of Defense, the use of a vessel in the National Defense Reserve Fleet for civil contingency operations requested by another Federal agency, and for Maritime Administration promotional and media events that are related to demonstration projects and research and development supporting the Maritime Administration's mission, if the Secretary of Transportation determines the use of the vessel is in the best interest of the United States Government after--

   Inserted: "(1) considering the availability of the National Defense Reserve Fleet and Ready Reserve Force resources;

   Inserted: "(2) considering the impact on National Defense Reserve Fleet and Ready Reserve Force mission support to the defense and homeland security requirements of the United States Government;

   Inserted: "(3) ensuring that the use of the vessel supports the mission of the Maritime Administration and does not significantly interfere with vessel maintenance, repair, safety, readiness, or resource availability;

   Inserted: "(4) ensuring that safety precautions are taken, including indemnification of liability, when applicable;

   Inserted: "(5) ensuring that any cost incurred by the use of the vessel is funded as a reimbursable transaction between Federal agencies, as applicable; and

   Inserted: "(6) considering any other factors the Secretary of Transportation determines are appropriate.".

   Inserted: SEC. 3305. GREEN SHIPS PROGRAM.

   Inserted: (a) In General.--Chapter 503 is amended by adding at the end the following:

   Inserted: "SEC. Sec. 50307. GREEN SHIPS PROGRAM

   Inserted: "(a) In General.--The Secretary of Transportation may establish a green ships program to engage in the environmental study, research, development, assessment, and deployment of emerging marine technologies and practices related to the marine transportation system through the use of public vessels under the control of the Maritime Administration or private vessels under Untied States registry, and through partnerships and cooperative efforts with academic, public, private, and non-governmental entities and facilities.

   Inserted: "(b) Program Requirements.--The program shall--

   Inserted: "(1) identify, study, evaluate, test, demonstrate, or improve emerging marine technologies and practices that are likely to achieve environmental improvements by--

   Inserted: "(A) reducing air emissions, water emissions, or other ship discharges;

   Inserted: "(B) increasing fuel economy or the use of alternative fuels and alternative energy (including the use of shore power); or

   Inserted: "(C) controlling aquatic invasive species; and

   Inserted: "(2) be coordinated with the Environmental Protection Agency, the United States Coast Guard, and other Federal, State, local, or tribal agencies, as appropriate.

   Inserted: "(c) Program Coordination.--Program coordination under subsection (b)(2) may include--

   Inserted: "(1) activities that are associated with the development or approval of validation and testing regimes; and

   Inserted: "(2) certification or validation of emerging technologies or practices that demonstrate significant environmental benefits.

   Inserted: "(d) Funding and Fees.--

   Inserted: "(1) In general.--In carrying out the green ships program, the Secretary of Transportation may apply such funds as may be appropriated and such funds or resources as may become available by gift, cooperative agreement, or otherwise, including the collection of fees, for the purposes of the program and its administration.

   Inserted: "(2) Establishment of fees.--Pursuant to section 9701 of title 31, the Secretary of Transportation may promulgate regulations establishing fees to recover reasonable costs to the Secretary and to academic, public, and non-governmental entities associated with the program.

   Inserted: "(3) Fee deposit.--Any fees collected under this section shall be deposited in a special fund of the United States Treasury for services rendered under the program, which thereafter shall remain available until expended to carry out the Secretary of Transportation's activities for which the fees were collected.

   Inserted: "(e) Report.--The Secretary of Transportation shall report on the activities, expenditures, and results of the green ships program during the preceding fiscal year in the annual budget submission to Congress.".

   Inserted: (b) Conforming Amendment.--The table of contents for chapter 503 is amended by inserting after the item relating to section 50306 the following:

   Inserted: "50307. Green ships program.".

   Inserted: SEC. 3306. WAIVER OF NAVIGATION AND VESSEL-INSPECTION LAWS.

   Inserted: Section 501(b) is amended by adding "A waiver shall be accompanied by a certification by the individual and the Administrator to the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives that it is not possible to use a United States flag vessel or United States flag vessels collectively to meet the national defense requirements." after "prescribes.".

   Inserted: SEC. 3307. SHIP SCRAPPING REPORTING REQUIREMENT.

   Inserted: Section 3502 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (enacted into law by section 1 of Public Law 106-398; 16 U.S.C. 5405 note; 114 Stat. 1654A-490) is amended by amending subsection (f) to read as follows:

   Inserted: "(f) Briefings.--The Secretary of Transportation shall provide briefings, upon request, to the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure, the Committee on Resources, and the Committee on Armed Services of the House of Representatives on--

   Inserted: "(1) the progress made to recycle vessels;

   Inserted: "(2) any problems encountered in recycling vessels; and

   Inserted: "(3) any other issues relating to vessel recycling and disposal.".

   Inserted: SEC. 3308. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.

   Inserted: (a) Section 53101 is amended--

   Inserted: (1) by amending paragraph (4) to read as follows:

   Inserted: "(4) Foreign commerce.--The term foreign commerce means--

   Inserted: "(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and

   Inserted: "(B) commerce or trade between foreign countries.";

   Inserted: (2) by striking paragraph (5);

   Inserted: (3) by redesignating paragraphs (6) through (13) as (5) through (12), respectively; and

   Inserted: (4) by amending paragraph (5), as redesignated by section 3308(a)(3) of this Act, to read as follows:

   Inserted: "(5) Participating fleet vessel.--The term participating fleet vessel means any vessel that--

   Inserted: "(A) on October 1, 2015--

   Inserted: "(i) meets the requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and

   Inserted: "(ii) is less than 20 years of age if the vessel is a tank vessel, or is less than 25 years of age for all other vessel types; and

   Inserted: "(B) on December 31, 2014, is covered by an operating agreement under this chapter.".

   Inserted: (b) Section 53102(b) is amended to read as follows:

   Inserted: "(b) Vessel Eligibility.--A vessel is eligible to be included in the Fleet if--

   Inserted: "(1) the vessel meets the requirements of paragraph (1), (2), (3), or (4) of subsection (c);

   Inserted: "(2) the vessel is operated (or in the case of a vessel to be constructed, will be operated) in providing transportation in foreign commerce;

   Inserted: "(3) the vessel is self-propelled and--

   Inserted: "(A) is a tank vessel that is 10 years of age or less on the date the vessel is included in the Fleet; or

   Inserted: "(B) is any other type of vessel that is 15 years of age or less on the date the vessel is included in the Fleet;

   Inserted: "(4) the vessel--

   Inserted: "(A) is suitable for use by the United States for national defense or military purposes in time of war or national emergency, as determined by the Secretary of Defense; and

   Inserted: "(B) is commercially viable, as determined by the Secretary; and

   Inserted: "(5) the vessel--

   Inserted: "(A) is a United States-documented vessel; or

   Inserted: "(B) is not a United States-documented vessel, but--

   Inserted: "(i) the owner of the vessel has demonstrated an intent to have the vessel documented under chapter 121 of this title if it is included in the Fleet; and

   Inserted: "(ii) at the time an operating agreement for the vessel is entered into under this chapter, the vessel is eligible for documentation under chapter 121 of this title.".

   Inserted: (c) Section 53103 is amended--

   Inserted: (1) by amending subsection (b) to read as follows:

   Inserted: "(b) Extension of Existing Operating Agreements.--

   Inserted: "(1) Offer to extend.--Not later than 60 days after the date of enactment of the Maritime Administration Authorization Act for Fiscal Year 2012, the Secretary shall offer, to an existing contractor, to extend, through September 30, 2025, an operating agreement that is in existence on the date of enactment of that Act. The terms and conditions of the extended operating agreement shall include terms and conditions authorized under this chapter, as amended from time to time.

   Inserted: "(2) Time limit.--An existing contractor shall have not later than 120 days after the date the Secretary offers to extend an operating agreement to agree to the extended operating agreement.

   Inserted: "(3) Subsequent award.--The Secretary may award an operating agreement to an applicant that is eligible to enter into an operating agreement for fiscal years 2016 through 2025 if the existing contractor does not agree to the extended operating agreement under paragraph (2)."; and

   Inserted: (2) by amending subsection (c) to read as follows:

   Inserted: "(c) Procedure for Awarding New Operating Agreements.--The Secretary may enter into a new operating agreement with an applicant that meets the requirements of section 53102(c) (for vessels that meet the qualifications of section 53102(b)) on the basis of priority for vessel type established by military requirements of the Secretary of Defense. The Secretary shall allow an applicant at least 30 days to submit an application for a new operating agreement. After consideration of military requirements, priority shall be given to an applicant that is a U.S. citizen under section 50501 of this title. The Secretary may not approve an application without the consent of the Secretary of Defense. The Secretary shall enter into an operating agreement with the applicant or provide a written reason for denying the application.".

   Inserted: (d) Section 53104 is amended--

   Inserted: (1) in subsection (c), by striking paragraph (3); and

   Inserted: (2) in subsection (e), by striking "an operating agreement under this chapter is terminated under subsection (c)(3), or if".

   Inserted: (e) Section 53105 is amended--

   Inserted: (1) by amending subsection (e) to read as follows:

   Inserted: "(e) Transfer of Operating Agreements.--A contractor under an operating agreement may transfer the agreement (including all rights and obligations under the operating agreement) to any person that is eligible to enter into the operating agreement under this chapter if the Secretary and the Secretary of Defense determine that the transfer is in the best interests of the United States. A transaction shall not be considered a transfer of an operating agreement if the same legal entity with the same vessels remains the contracting party under the operating agreement."; and

   Inserted: (2) by amending subsection (f) to read as follows:

   Inserted: "(f) Replacement Vessels.--A contractor may replace a vessel under an operating agreement with another vessel that is eligible to be included in the Fleet under section 53102(b), if the Secretary, in conjunction with the Secretary of Defense, approves the replacement of the vessel.".

   Inserted: (f) Section 53106 is amended--

   Inserted: (1) in subsection (a)(1), by striking "and (C) $3,100,000 for each of fiscal years 2012 through 2025." and inserting the following:

   Inserted: "(C) $3,100,000 for each of fiscal years 2012, 2013, 2014, 2015, 2016, 2017, and 2018;

   Inserted: "(D) $3,500,000 for each of fiscal years 2019, 2020, and 2021; and

   Inserted: "(E) $3,700,000 for each of fiscal years 2022, 2023, 2024, and 2025.";

   Inserted: (2) in subsection (c)(3)(C), by striking "a LASH vessel." and inserting "a lighter aboard ship vessel."; and

   Inserted: (3) by striking subsection (f).

   Inserted: (g) Section 53107(b)(1) is amended to read as follows:

   Inserted: "(1) In general.--An Emergency Preparedness Agreement under this section shall require that a contractor for a vessel covered by an operating agreement under this chapter shall make commercial transportation resources (including services) available, upon request by the Secretary of Defense during a time of war or national emergency, or whenever the Secretary of Defense determines that it is necessary for national security or contingency operation (as that term is defined in section 101 of title 10, United States Code).".

   Inserted: (h) Section 53109 is repealed.

   Inserted: (i) Section 53111 is amended--

   Inserted: (1) by striking "and" at the end of paragraph (2); and

   Inserted: (2) by amending paragraph (3) to read as follows:

   Inserted: "(3) $186,000,000 for each of fiscal years 2012, 2013, 2014, 2015, 2016, 2017, and 2018;

   Inserted: "(4) $210,000,000 for each of fiscal years 2019, 2020, and 2021; and

   Inserted: "(5) $222,000,000 for each fiscal year thereafter through fiscal year 2025.".

   Inserted: (j) Effective Date of Amendments.--The amendments made by--

   Inserted: (1) paragraphs (2), (3), and (4) of section 3308(a) of this Act take effect on December 31, 2014; and

   Inserted: (2) section 3308(f)(2) of this Act take effect on December 31, 2014.

   Inserted: SEC. 3309. MARITIME WORKFORCE STUDY.

   Inserted: (a) Training Study.--The Comptroller General of the United States shall conduct a study on the training needs of the maritime workforce.

   Inserted: (b) Study Components.--The study shall--

   Inserted: (1) analyze the impact of training requirements imposed by domestic and international regulations and conventions, companies, and government agencies that charter or operate vessels;

   Inserted: (2) evaluate the ability of the Nation's maritime training infrastructure to meet the current needs of the maritime industry;

   Inserted: (3) evaluate the ability of the Nation's maritime training infrastructure to effectively meet the needs of the maritime industry in the future;

   Inserted: (4) identify trends in maritime training;

   Inserted: (5) compare the training needs of U.S. mariners with the vocational training and educational assistance programs available from Federal agencies to evaluate the ability of Federal programs to meet the training needs of U.S. mariners;

   Inserted: (6) include recommendations for future programs to enhance the capabilities of the Nation's maritime training infrastructure; and

   Inserted: (7) include recommendations for future programs to assist U.S. mariners and those entering the maritime profession achieve the required training.

   Inserted: (c) Final Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report on the results of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

   Inserted: SEC. 3310. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT AWARD PRACTICES.

   Inserted: (a) In General.--Not later than 12 months after the date of enactment of this Act, the Inspector General of the Department of Transportation shall conduct an assessment of the source selection procedures and practices used to award the Maritime Administration's National Defense Reserve Fleet vessel recycling contracts. The Inspector General shall assess the process, procedures, and practices used for the Maritime Administration's qualification of vessel recycling facilities. The Inspector General shall report the findings to the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives.

   Inserted: (b) Assessment.--The assessment under subsection (a) shall include a review of whether the Maritime Administration's contract source selection procedures and practices are consistent with law, the Federal Acquisition Regulations (FAR), and Federal best practices associated with making source selection decisions.

   Inserted: (c) Considerations.--In making the assessment under subsection (a), the Inspector General may consider any other aspect of the Maritime Administration's vessel recycling process that the Inspector General deems appropriate to review.

   Inserted: SEC. 3311. PROHIBITION ON MARITIME ADMINISTRATION RECEIPT OF POLAR ICEBREAKERS.

   Inserted: Until the date that is 2 years after the date on which the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives receive the polar icebreaker business case analysis under subsection 307(f) of the Coast Guard Authorization Act of 2010 (14 U.S.C. 92 note), or until the Coast Guard has replaced the Coast Guard Cutter POLAR SEA (WAGB 11) and the Coast Guard Cutter POLAR STAR (WAGB 10) with 2 in commission, active heavy polar icebreakers--

   Inserted: (1) the Administrator of the Maritime Administration may not receive, maintain, dismantle, or recycle either cutter; and

   Inserted: (2) the Commandant may not--

   Inserted: (A) transfer or relinquish ownership of either of the cutters;

   Inserted: (B) dismantle a major component of, or recycle parts from, the POLAR SEA, unless the POLAR STAR cannot be made to function properly without doing so;

   Inserted: (C) change the homeport of either of the cutters;

   Inserted: (D) expend any funds--

   Inserted: (i) for any expenses directly or indirectly associated with the decommissioning of either of the cutters, including expenses for dock use or other goods and services;

   Inserted: (ii) for any personnel expenses directly or indirectly associated with the decommissioning of either of the cutters, including expenses for a decommissioning officer; or

   Inserted: (iii) for any expenses associated with a decommissioning ceremony for either of the cutters;

   Inserted: (E) appoint a decommissioning officer to be affiliated with either of the cutters; or

   Inserted: (F) place either of the cutters in inactive status, including a status of--

   Inserted: (i) out of commission, in reserve;

   Inserted: (ii) out of service, in reserve; or

   Inserted: (iii) pending placement out of commission.

   Inserted: SEC. 3312. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2012.

   Inserted: There are authorized to be appropriated to the Secretary of Transportation for programs of the Maritime Administration the following amounts:

   Inserted: (1) Operations and training.--For expenses necessary for operations and training activities, not to exceed $161,539,000 for the fiscal year ending September 30, 2012, of which--

   Inserted: (A) $28,885,000 is for capital improvements at the U.S. Merchant Marine Academy, to remain available until expended; and

   Inserted: (B) $11,100,000 is for maintenance and repair for training ships at State Maritime Schools, to remain available until expended.

   Inserted: (2) Maritime guaranteed loans.--For administrative expenses related to loan guarantee commitments under chapter 537 of title 46, United States Code, not to exceed $3,750,000, which shall be paid to the appropriation for Operations and Training, Maritime Administration.

   Inserted: (3) Ship disposal.--For disposal of non-retention vessels in the National Defense Reserve Fleet, $18,500,000, to remain available until expended.

   Original wording

   On page 595, beginning with line 3, strike through line 22 on page 599 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed