[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4189 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4189

    To direct the Secretary of Transportation to carry out a vessel 
      scrapping and processing pilot program in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 2000

 Mr. DeFazio introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To direct the Secretary of Transportation to carry out a vessel 
      scrapping and processing pilot program in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surplus Vessel Scrapping Act of 
2000''.

SEC. 2. ESTABLISHMENT OF PILOT PROGRAM.

    (a) In General.--The Secretary of Transportation shall carry out a 
vessel scrapping and processing pilot program in the United States 
during fiscal years 2001 through 2003. The scope of the program shall 
be that which the Secretary determines is sufficient to--
            (1) gather data on the cost of scrapping and scrap 
        processing, in the United States, of Department of 
        Transportation vessels; and
            (2) demonstrate cost effective technologies and techniques 
        to scrap and process such vessels in a manner that is 
        protective of worker safety and health and the environment.
    (b) Contract Award.--(1) The Secretary, subject to the availability 
of appropriations--
            (A) shall award a contract under subsection (a) for 
        scrapping service to any person that the Secretary determines 
        will provide the best value to the United States Government, 
        taking into account any factors that the Secretary considers 
        appropriate; and
            (B) may award, as appropriate, a contract to manage the 
        monitoring, inspection, and reporting process of any scrapping 
        facility that will perform a contract under subparagraph (A).
    (2) In making a best value determination under paragraph (1)(A), 
the Secretary shall give a greater weight to technical and performance-
related factors than to cost and price-related factors.
    (3) In selecting any contractor under this subsection, the 
Secretary shall give significant consideration to the technical and 
management qualifications and past performance of the contractor and 
the major subcontractors or team members of the contractor in complying 
with applicable Federal, State, and local laws and regulations for 
environmental and worker protection. In accordance with the 
requirements of the Federal Acquisition Regulation, in the case of an 
offeror without a record of relevant past performance or for whom 
information on past performance is not available, the offeror may not 
be evaluated favorably or unfavorably on past performance.
    (4) The Secretary shall ensure regional diversity in awarding 
contracts under this section.
    (c) Contract Terms and Conditions.--Each contract awarded by the 
Secretary pursuant to subsection (b) shall, at a minimum, provide for--
            (1) the sharing, by any appropriate contracting method, of 
        the costs of scrapping the vessel or vessels between the 
        Government and the contractor;
            (2) a performance incentive for a successful record of 
        environmental and worker protection in performance of the 
        contract;
            (3) Government rights for access to the facilities, 
        inspection of work, and monitoring of the facility by 
        Government personnel or an authorized representatives to 
        determine compliance with this Act and the laws of the United 
        States; and
            (4) any other terms that the Secretary considers 
        appropriate.
    (d) Reports.--(1) Not later than June 30, 2001, the Secretary of 
Transportation shall submit an interim report on the pilot program to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate. The report shall contain the following:
            (A) The procedures used for the solicitation and award of a 
        contract or contracts under the pilot program.
            (B) The contract or contracts awarded under the pilot 
        program.
    (2) Not later than September 30, 2004, the Secretary of the 
Transportation shall submit a final report on the pilot program to the 
committees specified in paragraph (1). The report shall contain the 
following:
            (A) The results of the pilot program and the performance of 
        the contractors under such program.
            (B) The Secretary's recommended strategy to carry out 
        future ship scrapping activities, including funding and 
        personnel requirements.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $40,000,000 for each of fiscal years 
2001, 2002, and 2003 to carry out this section.
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