[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2487 Reported in Senate (RS)]






                                                       Calendar No. 686
106th CONGRESS
  2d Session
                                S. 2487

                          [Report No. 106-345]

 To authorize appropriations for Fiscal Year 2001 for certain maritime 
             programs of the Department of Transportation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2000

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

                             July 17, 2000

               Reported by Mr. McCain, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for Fiscal Year 2001 for certain maritime 
             programs of the Department of Transportation.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Maritime Administration 
Authorization Act for Fiscal Year 2001''.</DELETED>

<DELETED>SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
              2001.</DELETED>

<DELETED>    There are authorized to be appropriated to the Secretary 
of Transportation for the Maritime Administration the following 
amounts:</DELETED>
        <DELETED>    (1) For the expenses necessary for operations and 
        training activities, not to exceed $80,240,000 for the fiscal 
        year ending September 30, 2001.</DELETED>
        <DELETED>    (2) For the costs, as defined in section 502 of 
        the Federal Credit Reform Act of 1990, of guaranteed loans 
        authorized by title XI of the Merchant Marine Act, 1936, as 
        amended (46 U.S.C. App. 1271 et seq.), $2,000,000, to be 
        available until expended. In addition, for administrative 
        expenses related to loan guarantee commitments under title XI 
        of the Merchant Marine Act, 1936, as amended (46 U.S.C. App. 
        1271 et seq.), $4,179,000.</DELETED>

<DELETED>SEC. 3. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS.</DELETED>

<DELETED>    (a) In General.--Title IX of the Merchant Marine Act, 1936 
(46 U.S.C. App. 101 et seq.) is amended by adding at the end thereof 
the following:</DELETED>

<DELETED>``SEC. 910. DOCUMENTATION OF CERTAIN DRY CARGO 
              VESSELS.</DELETED>

<DELETED>    ``(a) In General.--The restrictions of section 901(b)(1) 
of this Act concerning a vessel built in a foreign country shall not 
apply to a drybulk or breakbulk vessel over 7,500 deadweight tons that 
has been delivered from a foreign shipyard or contracted for 
construction in a foreign shipyard before the earlier of--</DELETED>
        <DELETED>    ``(1) the date that is 1 year after the date of 
        enactment of the Maritime Administration Authorization Act for 
        Fiscal Year 2001; or</DELETED>
        <DELETED>    ``(2) the effective date of the OECD Shipbuilding 
        Trade Agreement Act.</DELETED>
<DELETED>    ``(b) Compliance with Certain U.S.-build Requirements.--A 
vessel timely contracted for or delivered pursuant to this section and 
documented under the laws of the United States shall be deemed to have 
been United-States built for purposes of sections 901(b) and 901b of 
this Act if--</DELETED>
        <DELETED>    ``(1) following delivery by a foreign shipyard, 
        the vessel has any additional shipyard work necessary to 
        receive a Coast Guard certificate of inspection performed in a 
        United States shipyard;</DELETED>
        <DELETED>    ``(2) the vessel is not documented in another 
        country before being documented under the laws of the United 
        States;</DELETED>
        <DELETED>    ``(3) the vessel complies with the same inspection 
        standards set forth for ocean common carriers in section 1137 
        of the Coast Guard Authorization Act of 1996 (46 U.S.C. App. 
        1187 note); and</DELETED>
        <DELETED>    ``(4) actual delivery of a vessel contracted for 
        construction takes place on or before the 3-year anniversary of 
        the date of the contract to construct the vessel.</DELETED>
<DELETED>    ``(c) Section 12106(e) of Title 46.--Section 12106(e) of 
title 46, United States Code, shall not apply to a vessel built 
pursuant to this section.''.</DELETED>
<DELETED>    (b) Conforming Calendar Year to Federal Fiscal Year for 
Section 901b Purposes.--Section 901b(c)(2) of the Merchant Marine Act, 
1936 (46 U.S.C App. 1241f(c)(2)) is amended by striking ``1986.'' and 
inserting ``1986, the 18-month period commencing April 1, 2000, and the 
12-month period beginning on the first day of October in the year 2001 
and each year thereafter.''.</DELETED>

<DELETED>SEC. 4. SCRAPPING OF CERTAIN VESSELS.</DELETED>

<DELETED>    (a) In General.--Section 510(i) of the Merchant Marine 
Act, 1936 (46 U.S.C. App. 1160(i)) is amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' before ``The Secretary''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end thereof the 
        following:</DELETED>
<DELETED>    ``(2) Notwithstanding any other provision of law, the 
following vessels of the National Defense Reserve Fleet may be scrapped 
in foreign countries under terms and conditions prescribed by the 
Secretary:</DELETED>
        <DELETED>    ``(1) EXPORT CHALLENGER.</DELETED>
        <DELETED>    ``(2) EXPORT COMMERCE.</DELETED>
        <DELETED>    ``(3) BUILDER.</DELETED>
        <DELETED>    ``(4) ALBERT E. WATTS.</DELETED>
        <DELETED>    ``(5) WAYNE VICTORY.</DELETED>
        <DELETED>    ``(6) MORMACDAWN.</DELETED>
        <DELETED>    ``(7) MORMACMOON.</DELETED>
        <DELETED>    ``(8) SANTA ELENA.</DELETED>
        <DELETED>    ``(9) SANTA ISABEL.</DELETED>
        <DELETED>    ``(10) SANTA CRUZ.</DELETED>
        <DELETED>    ``(11) PROTECTOR.</DELETED>
        <DELETED>    ``(12) LAUDERDALE.</DELETED>
        <DELETED>    ``(13) PVT. FRED C. MURPHY.</DELETED>
        <DELETED>    ``(14) BEAUJOLAIS.</DELETED>
        <DELETED>    ``(15) MEACHAM.</DELETED>
        <DELETED>    ``(16) NEACO.</DELETED>
        <DELETED>    ``(17) WABASH.</DELETED>
        <DELETED>    ``(18) NEMASKET.</DELETED>
        <DELETED>    ``(19) MIRFAK.</DELETED>
        <DELETED>    ``(20) GEN. ALEX M. PATCH.</DELETED>
        <DELETED>    ``(21) ARTHUR M. HUDDELL.</DELETED>
        <DELETED>    ``(22) WASHINGTON.</DELETED>
        <DELETED>    ``(23) SUFFOLK COUNTY.</DELETED>
        <DELETED>    ``(24) CRANDALL.</DELETED>
        <DELETED>    ``(25) CRILLEY.</DELETED>
        <DELETED>    ``(26) RIGEL.</DELETED>
        <DELETED>    ``(27) VEGA.</DELETED>
        <DELETED>    ``(28) COMPASS ISLAND.</DELETED>
        <DELETED>    ``(29) DONNER.</DELETED>
        <DELETED>    ``(30) PRESERVER.</DELETED>
        <DELETED>    ``(31) MARINE FIDDLER.</DELETED>
        <DELETED>    ``(32) WOOD COUNTY.</DELETED>
        <DELETED>    ``(33) CATAWBA VICTORY.</DELETED>
        <DELETED>    ``(34) GEN. NELSON M. WALKER.</DELETED>
        <DELETED>    ``(35) LORAIN COUNTY.</DELETED>
        <DELETED>    ``(36) LYNCH.</DELETED>
        <DELETED>    ``(37) MISSION SANTA YNEZ.</DELETED>
        <DELETED>    ``(38) CALOOSAHATCHEE.</DELETED>
        <DELETED>    ``(39) CANISTEO.</DELETED>
<DELETED>    ``(3) If the Secretary determines that additional vessels 
in the National Defense Reserve Fleet will become hazards to navigation 
or the environment, those vessels may be scrapped in a manner 
consistent with this subsection.''</DELETED>
<DELETED>    (b) Report.--No later than 1 year after the date of 
enactment of this Act, the Administrator of the Maritime Administration 
shall submit to the congress a report on the implementation of the 
Administration's program to rid the National Defense Reserve Fleet of 
obsolete vessels, including--</DELETED>
        <DELETED>    (1) the number of vessels scrapped to 
        date;</DELETED>
        <DELETED>    (2) the proceeds realized from the sale of vessels 
        to be scrapped; and</DELETED>
        <DELETED>    (3) the number of vessels remaining to be 
        scrapped.</DELETED>
<DELETED>    (c) Extension of Disposal Deadline.--Section 6(c)(1)(A) of 
the National Marine Heritage Act of 1994 (16 U.S.C. 5405(c)(1)(A)) is 
amended by striking ``2001;'' and inserting ``2004;''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maritime Administration 
Authorization Act for Fiscal Year 2001''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001.

    Funds are hereby authorized to be appropriated, as Appropriations 
Acts may provide, for the use of the Department of Transportation for 
the Maritime Administration as follows:
            (1) For expenses necessary for operations and training 
        activities, not to exceed $80,240,000 for the fiscal year 
        ending September 30, 2001.
            (2) For the costs, as defined in section 502 of the Federal 
        Credit Reform Act of 1990, of guaranteed loans authorized by 
        title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 
        et seq.), $50,000,000, to be available until expended. In 
        addition, for administrative expenses related to loan guarantee 
        commitments under title XI of that Act, $4,179,000.

SEC. 3. AMENDMENTS TO TITLE IX OF THE MERCHANT MARINE ACT, 1936.

    (a) Title IX of the Merchant Marine Act, 1936 (46 U.S.C. App. 101 
et seq.) is amended by adding at the end thereof the following:

``SEC. 910. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS.

    ``(a) In General.--The restrictions of section 901(b)(1) of this 
Act concerning a vessel built in a foreign country shall not apply to a 
newly constructed drybulk or breakbulk vessel over 7,500 deadweight 
tons that has been delivered from a foreign shipyard or contracted for 
construction in a foreign shipyard before the earlier of--
            ``(1) the date that is 1 year after the date of enactment 
        of the Maritime Administration Authorization Act for Fiscal 
        Year 2001; or
            ``(2) the effective date of the OECD Shipbuilding Trade 
        Agreement Act.
    ``(b) Compliance With Certain U.S.-Build Requirements.--A vessel 
timely contracted for or delivered pursuant to this section and 
documented under the laws of the United States shall be deemed to have 
been United-States built for purposes of sections 901(b) and 901b of 
this Act if--
            ``(1) following delivery by a foreign shipyard, the vessel 
        has any additional shipyard work necessary to receive its 
        initial Coast Guard certificate of inspection performed in a 
        United States shipyard;
            ``(2) the vessel is not documented in another country 
        before being documented under the laws of the United States;
            ``(3) the vessel complies with the same inspection 
        standards set forth for ocean common carriers in section 1137 
        of the Coast Guard Authorization Act of 1996 (46 U.S.C. App. 
        1187 note); and
            ``(4) actual delivery of a vessel contracted for 
        construction takes place on or before the 3-year anniversary of 
        the date of the contract to construct the vessel.
    ``(c) Section 12106(e) of Title 46.--Section 12106(e) of title 46, 
United States Code, shall not apply to a vessel built pursuant to this 
section.''.
    (b) Conforming Calendar Year to Federal Fiscal Year for Section 
901b Purposes.--Section 901b(c)(2) of the Merchant Marine Act, 1936 (46 
U.S.C App. 1241f(c)(2)) is amended by striking ``1986.'' and inserting 
``1986, the 18-month period commencing April 1, 2000, and the 12-month 
period beginning on the first day of October in the year 2001 and each 
year thereafter.''.

SEC. 4. SCRAPPING OF CERTAIN VESSELS.

    (a) International Environmental Scrapping Standard.--The Secretary 
of State in coordination with the Secretary of Transportation shall 
initiate discussions in all appropriate international forums in order 
to establish an international standard for the scrapping of vessels in 
a safe and environmentally sound manner.
    (b) Scrapping of Obsolete National Defense Reserve Fleet Vessels.--
            (1) Development of a ship scrapping program.--The Secretary 
        of Transportation, in consultation with the Secretary of the 
        Navy, the Administrator of the Environmental Protection Agency, 
        the Assistant Secretary for Occupational Safety and Health, and 
        the Secretary of State, shall develop a program within 9 months 
        after the date of enactment of this Act for the scrapping of 
        obsolete National Defense Reserve Fleet Vessels and report to 
        the Senate Committee on Commerce, Science, and Transportation 
        and the House of Representatives Committee on Armed Services.
                    (A) Content.--The report shall include information 
                concerning the initial determination of scrapping 
                capacity, both domestically and abroad, development of 
                appropriate regulations, funding and staffing 
                requirements, milestone dates for the disposal of each 
                obsolete vessel, and long term cost estimates for the 
                ship scrapping program.
                    (B) Alternatives.--In developing the program the 
                Secretary of Transportation, in consultation with the 
                Secretary of the Navy, the Administrator of the 
                Environmental Protection Agency, and the Secretary of 
                State shall consider all alternatives and available 
                information including--
                            (i) alternative scrapping sites;
                            (ii) vessel donations;
                            (iii) sinking of vessels in deep water;
                            (iv) sinking vessels for development of 
                        artificial reefs;
                            (v) sales of vessels before they become 
                        obsolete;
                            (vi) results from the Navy Pilot Scrapping 
                        Program under section 8124 of the Department of 
                        Defense Appropriations Act, 1999; and
                            (vii) the Report of the Department of 
                        Defense's Interagency Panel on Ship Scrapping 
                        issued in April, 1998.
            (2) Selection of scrapping facilities.--Notwithstanding the 
        provisions of the Toxic Substances Control Act (15 U.S.C. 2605 
        et seq.), a ship scrapping program shall be accomplished 
        through qualified scrapping facilities whether located in the 
        United States or abroad. Scrapping facilities shall be selected 
        on a best value basis taking into consideration, among other 
        things, the facilities's ability to scrap vessels--
                    (A) economically;
                    (B) in a safe and timely manner;
                    (C) with minimal impact on the environment;
                    (D) with proper respect for worker safety; and
                    (E) by minimizing the geographic distance that a 
                vessel must be towed when such a vessel poses a serious 
                threat to the environment.
            (3) Amendment of national maritime heritage act.--Section 
        6(c)(1) of the National Maritime Heritage Act of 1994 (16 
        U.S.C. 5405(c)(1)) is amended--
                    (A) by striking ``2001'' in subparagraph (A) and 
                inserting ``2006''; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
            ``(B) in the most cost effective manner to the United 
        States taking into account the need for disposal, the 
        environment, and safety concerns; and''.
            (4) Funding for scrapping.--Section 2218(c)(1)(E) of title 
        10, United States Code, is amended by inserting ``and scrapping 
        the vessels of'' after ``maintaining''.
    (c) Limitation on Scrapping Before Program.--Until the report 
required by subsection (b)(1) is transmitted to the Congress, the 
Secretary may not proceed with the scrapping of any vessels in the 
National Defense Reserve Fleet except the following:
            (1) EXPORT CHALLENGER.
            (2) EXPORT COMMERCE.
            (3) BUILDER.
            (4) ALBERT E. WATTS.
            (5) WAYNE VICTORY.
            (6) MORMACDAWN.
            (7) MORMACMOON.
            (8) SANTA ELENA.
            (9) SANTA ISABEL.
            (10) SANTA CRUZ.
            (11) PROTECTOR.
            (12) LAUDERDALE.
            (13) PVT. FRED C. MURPHY.
            (14) BEAUJOLAIS.
            (15) MEACHAM.
            (16) NEACO.
            (17) WABASH.
            (18) NEMASKET.
            (19) MIRFAK.
            (20) GEN. ALEX M. PATCH.
            (21) ARTHUR M. HUDDELL.
            (22) WASHINGTON.
            (23) SUFFOLK COUNTY.
            (24) CRANDALL.
            (25) CRILLEY.
            (26) RIGEL.
            (27) VEGA.
            (28) COMPASS ISLAND.
            (29) DONNER.
            (30) PRESERVER.
            (31) MARINE FIDDLER.
            (32) WOOD COUNTY.
            (33) CATAWBA VICTORY.
            (34) GEN. NELSON M. WALKER.
            (35) LORAIN COUNTY.
            (36) LYNCH.
            (37) MISSION SANTA YNEZ.
            (38) CALOOSAHATCHEE.
            (39) CANISTEO.
    (d) Biannual Report.--Beginning 1 year after the date of enactment 
of this Act, the Secretary of Transportation in coordination with the 
Secretary of the Navy shall report to Congress biannually on the 
progress of the ship scrapping program developed under subsection 
(b)(1) and on the progress of any other scrapping of obsolete 
government-owned vessels.

SEC. 5. REPORTING OF ADMINISTERED AND OVERSIGHT FUNDS.

    The Maritime Administration, in its annual report to the Congress 
under section 208 of the Merchant Marine Act, 1936 (46 U.S.C. App. 
1118), and in its annual budget estimate submitted to the Congress, 
shall state separately the amount, source, intended use, and nature of 
any funds (other than funds appropriated to the Administration or to 
the Secretary of Transportation for use by the Administration) 
administered, or subject to oversight, by the Administration.

SEC. 6. MARITIME INTERMODAL RESEARCH.

    Section 8 of Public Law 101-115 (46 U.S.C. App. 1121-2) is amended 
by adding at the end thereof the following:
    ``(f) University Transportation Research Funds.--
            ``(1) In general.--The Secretary may make a grant under 
        section 5505 of title 49, United States Code, to an institute 
        designated under subsection (a) for maritime and maritime 
        intermodal research under that section as if the institute were 
        a university transportation center.
            ``(2) Advice and consultation of marad.--In making a grant 
        under the authority of paragraph (1), the Secretary, through 
        the Research and Special Programs Administration, shall advise 
        the Maritime Administration concerning the availability of 
        funds for the grants, and consult with the Administration on 
        the making of the grants.''.

SEC. 7. MARITIME RESEARCH AND TECHNOLOGY DEVELOPMENT.

    (a) In General.--The Secretary of Transportation shall conduct a 
study of maritime research and technology development, and report its 
findings and conclusions, together with any recommendations it finds 
appropriate, to the Congress within 9 months after the date of 
enactment of this Act.
    (b) Required Areas of Study.--The Secretary shall include the 
following items in the report required by subsection (a):
            (1) The approximate dollar values appropriated by the 
        Congress for each of the 5 fiscal years ending before the study 
        is commenced for each of the following modes of transportation:
                    (A) Highway.
                    (B) Rail.
                    (C) Aviation.
                    (D) Public transit.
                    (E) Maritime.
            (2) A description of how Federal funds appropriated for 
        research in the different transportation modes are utilized.
            (3) A summary and description of current research and 
        technology development funds appropriated for each of those 
        fiscal years for maritime research initiatives, with separate 
        categories for funds provided to the Coast Guard for marine 
        safety research purposes.
            (4) A description of cooperative mechanisms that could be 
        used to attract and leverage non-federal investments in United 
        States maritime research and technology development and 
        application programs, including the potential for the creation 
        of maritime transportation research centers and the benefits of 
        cooperating with existing surface transportation research 
        centers.
            (5) Proposals for research and technology development 
        funding to facilitate the evolution of Maritime Transportation 
        System.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $100,000 to carry out this section.

SEC. 8. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL, 
              GLACIER.

    (a) Authority to Convey.--Notwithstanding any other law, the 
Secretary of Transportation may, subject to subsection (b), convey all 
right, title, and interest of the United States Government in and to 
the vessel in the National Defense Reserve Fleet that was formerly the 
U.S.S. GLACIER (United States official number AGB-4) to the Glacier 
Society, Inc., a corporation established under the laws of the State of 
Connecticut that is located in Bridgeport, Connecticut.
    (b) Terms of Conveyance.--
            (1) Required conditions.--The Secretary may not convey the 
        vessel under this section unless the corporation--
                    (A) agrees to use the vessel for the purpose of a 
                monument to the accomplishments of members of the Armed 
                Forces of the United States, civilians, scientists, and 
                diplomats in exploration of the Arctic and the 
                Antarctic;
                    (B) agrees that the vessel will not be used for 
                commercial purposes;
                    (C) agrees to make the vessel available to the 
                Government if the Secretary requires use of the vessel 
                by the Government for war or national emergency;
                    (D) agrees to hold the Government harmless for any 
                claims arising from exposure to asbestos, 
                polychlorinated biphenyls, or lead paint after the 
                conveyance of the vessel, except for claims arising 
                from use of the vessel by the Government pursuant to 
                the agreement under subparagraph (C); and
                    (E) provides sufficient evidence to the Secretary 
                that it has available for use to restore the vessel, in 
                the form of cash, liquid assets, or a written loan 
                commitment, financial resources of at least $100,000.
            (2) Delivery of vessel.--If the Secretary conveys the 
        vessel under this section, the Secretary shall deliver the 
        vessel--
                    (A) at the place where the vessel is located on the 
                date of conveyance;
                    (B) in its condition on that date; and
                    (C) at no cost to the United States Government.
            (3) Additional terms.--The Secretary may require such 
        additional terms in connection with the conveyance authorized 
        by this section as the Secretary considers appropriate.
    (c) Other Unneeded Equipment.--If the Secretary conveys the vessel 
under this section, the Secretary may also convey to the corporation 
any unneeded equipment from other vessels in the National Defense 
Reserve Fleet or Government storage facilities for use to restore the 
vessel to museum quality or to its original configuration (or both).
    (d) Retention of Vessel in NDRF.--The Secretary shall retain in the 
National Defense Reserve Fleet the vessel authorized to be conveyed 
under this section until the earlier of--
            (1) 2 years after the date of the enactment of this Act; or
            (2) the date of the conveyance of the vessel under this 
        section.
                                                       Calendar No. 686

106th CONGRESS

  2d Session

                                S. 2487

                          [Report No. 106-345]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for Fiscal Year 2001 for certain maritime 
             programs of the Department of Transportation.

_______________________________________________________________________

                             July 17, 2000

                       Reported with an amendment