[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2172 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2172

     To promote secure ferry transportation and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2009

  Mr. Larsen of Washington (for himself, Mr. Dicks, Mr. McMahon, Mr. 
 Young of Alaska, Mr. Sires, Mr. Inslee, Mr. Kagen, Mr. Pascrell, Mr. 
  Delahunt, Mr. Israel, Mr. Butterfield, Mr. Jones, Mr. Courtney, Mr. 
 Taylor, Ms. Pingree of Maine, Mr. Smith of Washington, Mr. McIntyre, 
 Mr. Reichert, and Mr. McDermott) introduced the following bill; which 
   was referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To promote secure ferry transportation and for other purposes.

    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 ``United States Ferry Systems 
Investment Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Ferries are a vital part of the United States 
        transportation system, carrying more than 100,000,000 
        passengers annually in at least 38 States.
            (2) In many congested metropolitan areas, ferries are one 
        of the few remaining options for significant transportation 
        capacity expansion.
            (3) Ferries are the sole or primary transportation 
        connection for many island and isolated communities.
            (4) Ferries provide a critical emergency evacuation 
        alternative for both large cities and remote locations.
            (5) Ferries can be part of an interim solution when 
        transportation infrastructure fails, for example after the 
        terrorist attacks in New York on September 11, 2001, disrupted 
        train service and after part of the San Francisco Bay Bridge 
        collapsed in the Loma Prieta earthquake, ferries were used to 
        provide interim transportation.
            (6) Ferries offer a relatively energy-efficient, 
        environmentally friendly, and low-stress mode of travel.
            (7) Almost all of the largest and important ferry services 
        are publicly owned or provide transportation at public 
        terminals, are integrated with other transportation modes, and 
        are operated in a manner to serve the public interest.
            (8) According to the Secretary of Transportation, almost 25 
        percent of United States ferries are 40 years or older and 5 
        percent of United States ferries are 60 years or older.
            (9) Federal investment in the United States ferry system is 
        necessary because--
                    (A) of the unique and important role ferries play 
                in the United States transportation system;
                    (B) of the large and growing need for new and 
                replacement ferry vessels and terminals; and
                    (C) ferries do not fit neatly into other Federal 
                mode-specific transportation programs.
            (10) The distribution of Federal ferry funds by formula is 
        appropriate because that method of distribution would dedicate 
        funding to the largest and most important public ferry systems.
            (11) The distribution of Federal ferry funds by 
        discretionary awards is also appropriate because that method of 
        distribution would help initiate and expand ferry services 
        throughout the United States.

SEC. 3. SECRETARY DEFINED.

    In this Act, the term ``Secretary'' means the Secretary of 
Transportation.

SEC. 4. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

    Section 147 of title 23, United States Code, is amended by striking 
subsections (c), (d), and (e) and inserting the following:
    ``(c) Distribution of Funds.--The funds made available to carry out 
this section in each fiscal year shall be allocated to those ferry 
systems and public entities responsible for developing ferries as 
follows:
            ``(1) Fifty percent of such funds shall be allocated at the 
        discretion of the Secretary.
            ``(2) Fifty percent of such funds shall be allocated in 
        accordance with the formula set out in subsection (d).
    ``(d) Formula.--The funds referred to in subsection (c)(2) shall be 
distributed as follows:
            ``(1) Fifty percent shall be based on the total annual 
        number of passengers carried by a ferry system.
            ``(2) Twenty-five percent shall be based on the total 
        annual number of vehicles carried by a ferry system.
            ``(3) Twenty-five percent shall be based on the total route 
        miles serviced by a ferry system.
    ``(e) Funding.--
            ``(1) In general.--There shall be available to the 
        Secretary from the Highway Trust Fund (other than the Mass 
        Transit Account) $200,000,000 for each of the fiscal years 
        2010, 2011, 2012, 2013, 2014, and 2015 to carry out this 
        section.
            ``(2) Period of availability.--Notwithstanding section 
        118(b), funds made available to carry out this section shall 
        remain available until expended.''.

SEC. 5. ELIGIBILITY OF FERRIES FOR THE CLEAN FUELS GRANT PROGRAM.

    Section 5308 of title 49, United States Code, is amended--
            (1) in paragraph (2) of subsection (a)--
                    (A) in clause (i), by striking the semicolon and 
                inserting a comma and ``or ferries;''; and
                    (B) in clause (iii), by striking the semicolon and 
                inserting ``or ferries;''; and
            (2) in subsection (c)--
                    (A) in the heading, by striking the period and 
                inserting ``and Ferries.''; and
                    (B) by striking the period at the end and inserting 
                ``or ferries.''.

SEC. 6. FERRY JOINT PROGRAM OFFICE.

    (a) Establishment and Purpose.--
            (1) Establishment.--The Secretary shall establish within 
        the Department of Transportation a Ferry Joint Program Office 
        (in this section, referred to as the ``Office'') for the 
        purposes described in paragraph (2).
            (2) Purposes.--The purposes of the Office shall be--
                    (A) to coordinate Federal programs affecting ferry 
                and ferry facility construction, maintenance, 
                operations, and security; and
                    (B) to promote transportation by ferry as a 
                component of the United States transportation system.
    (b) Functions.--The head of the Office shall carry out the 
following functions:
            (1) Coordinating programs related to ferry transportation 
        carried out by the Department of Transportation, including 
        programs carried out by the Federal Highway Administration, the 
        Federal Transit Administration, the Maritime Administration, 
        and the Research and Innovative Technology Administration, and 
        such programs carried out by the Department of Homeland 
        Security and other Federal and State agencies, as appropriate.
            (2) Ensuring resource accountability for programs carried 
        out by the Secretary related to ferry transportation.
            (3) Providing strategic leadership for research, 
        development, testing, and deployment of technologies related to 
        ferry transportation.
            (4) Promoting ferry transportation as a means to reduce 
        social, economic, and environmental costs associated with 
        traffic congestion.
            (5) Developing energy efficient operating models to reduce 
        carbon emissions associated with ferry transportation.

SEC. 7. NATIONAL FERRY DATABASE.

    Subsection (e) of section 1801 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (Public Law 
109-59; 23 U.S.C. 129 note) is amended--
            (1) in paragraph (2), by inserting ``, including any 
        Federal, State, or local government funding sources,'' after 
        ``sources''; and
            (2) in paragraph (4)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D);
                    (C) by inserting after subparagraph (B), the 
                following:
                    ``(C) ensure that the database is consistent with 
                the national transit database maintained by the Federal 
                Transit Administration''; and
                    (D) in subparagraph (D), as redesignated by 
                subparagraph (B), by striking ``2009'' and inserting 
                ``2015''.

SEC. 8. NATIONAL FERRY TRANSPORTATION INSTITUTE.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall award a grant to a college 
to establish a National Ferry Transportation Institute (in this 
section, referred to as an ``Institute'') at the college.
    (b) Administration.--The Secretary shall award and administer the 
grant under subsection (a) in cooperation with the heads of appropriate 
entities of the Department of Transportation and of the appropriate 
State transportation department, public ferry transportation 
authorities, private ferry operators, ferry builders, ferry 
transportation employees, and other colleges, universities, and 
research institutes.
    (c) Functions.--The Institute--
            (1) shall--
                    (A) conduct research and recommend development 
                activities on methods of improving ferry transportation 
                programs in the United States, including methods of 
                reducing wake, providing alternative propulsion, 
                integrating use of clean, renewable fuels, and testing 
                advanced materials for use in ferry construction;
                    (B) develop and conduct training programs for ferry 
                transportation system employees, United States 
                Government employees, and other individuals, as 
                appropriate, on developments, techniques, and 
                procedures pertaining to the construction and operation 
                of ferries;
                    (C) encourage and assist collaborative efforts by 
                public and private entities to preserve, improve, and 
                expand the use of ferries as a mode of transportation;
                    (D) preserve, utilize, and display historical 
                information about the use of ferry transportation in 
                the United States and in foreign countries; and
                    (E) develop models and recommendations to enhance 
                security on ferries and in and around ferry facilities; 
                and
            (2) may provide funds from a grant under subsection (a) to 
        a contractor or other entity to assist the Institute in 
        carrying out the functions described in subparagraphs (A) 
        through (E) of paragraph (1).
    (d) Selection Criteria.--The Secretary shall award the grant under 
subsection (a) on the basis of the following criteria:
            (1) The extent to which the needs of the State in which the 
        applicant is located are representative of the importance of 
        public and private ferries to the region's transportation 
        system, including both regional travel and long-range travel 
        and service to isolated communities.
            (2) The historical importance of ferry transportation to 
        the region in which the applicant is located.
            (3) The history and diversity of such region in the 
        maritime community, including ferry construction and repair and 
        other shipbuilding activities.
            (4) The anticipated growth of ferry transportation and the 
        building of ferries in such region.
            (5) The availability of public-private collaboration in 
        such region.
            (6) The demonstrated research and extension resources 
        available to the applicant to successfully carry out the 
        functions described in subsection (c).
    (e) Requirement for Non-Federal Funding.--A college may not be 
awarded the grant under subsection (a) unless the college is able to 
provide 25 percent of the costs associated with establishing, 
operating, and maintaining the Institute and the research and 
development activities carried out by the Institute from non-Federal 
sources.
    (f) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Secretary shall submit to 
Congress a report on activities carried out under this section, 
including a description of the activities carried out by the Institute.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $5,000,000 for each of fiscal years 2010, 
2011, 2012, 2013, 2014, and 2015 to carry out this section.
                                 <all>