[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1308 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1308

  To reauthorize the Maritime Administration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2009

Mr. Lautenberg introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To reauthorize the Maritime Administration, 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 ``Maritime Administration 
Authorization Act of 2010''.

SEC. 2. COOPERATIVE AGREEMENTS, ADMINISTRATIVE EXPENSES, AND 
              CONTRACTING AUTHORITY.

    Section 109 of title 49, United States Code, is amended--
            (1) by striking the heading for subsection (h) and 
        inserting the following:
    ``(h) Contracts, Cooperative Agreements, and Audits.--'';
            (2) by striking the heading for paragraph (1) of subsection 
        (h) and inserting the following:
            ``(1) Contracts and cooperative agreements.--'';
            (3) by striking ``make contracts'' in subsection (h)(1) and 
        inserting ``make contracts and cooperative agreements'';
            (4) by striking ``section and'' in subsection (h)(1)(A) and 
        inserting ``section,'';
            (5) by striking ``title 46;'' in subsection (h)(1)(A) and 
        insert ``title 46, and all other Maritime Administration 
        programs;''; and
            (6) by redesignating subsection (i) as subsection (j) and 
        inserting after subsection (h) the following:
    ``(i) Grant Administrative Expenses.--Except as otherwise provided 
by law, the administrative and related expenses for the administration 
of any grant programs by the Maritime Administrator may not exceed 3 
percent.''.

SEC. 3. USE OF FUNDING FOR DOT MARITIME HERITAGE PROPERTY.

    Section 6(a)(1) of the National Maritime Heritage Act of 1994 (16 
U.S.C. 5405(a)(1)) is amended by striking subparagraph (C) and 
inserting the following:
                    ``(C) The remainder, whether collected before or 
                after the date of enactment of the Maritime 
                Administration Authorization Act of 2010, shall be 
                available to the Secretary to carry out the Program, as 
                provided in subsection (b) of this section or, if 
                otherwise determined by the Maritime Administrator, for 
                use in the preservation and presentation to the public 
                of maritime heritage property of the Maritime 
                Administration.''.

SEC. 4. LIQUIDATION OF UNUSED LEAVE BALANCE AT THE MERCHANT MARINE 
              ACADEMY.

    The Maritime Administration may use appropriated funds to make a 
lump-sum payment at a rate of pay that existed on the date of 
termination or day before conversion to the Civil Service for any 
unused annual leave accrued by a non-appropriated fund instrumentality 
employee who was terminated if determined ineligible for conversion, or 
converted to the Civil Service as a United States Merchant Marine 
Academy employee during fiscal year 2009.

SEC. 5. PERMANENT AUTHORITY TO HIRE ADJUNCT PROFESSORS AT THE MERCHANT 
              MARINE ACADEMY.

    (a) In General.--Chapter 513 of title 46, United States Code, is 
amended by adding at the end thereof the following:
``51317. Adjunct professors
    ``(a) In General.--The Maritime Administrator may, subject to the 
availability of appropriations, contract with individuals as personal 
services contractors to provide services as adjunct professors at the 
United States Merchant Marine Academy, if the Maritime Administrator 
determines that there is a need for adjunct professors and the need is 
not of permanent duration.
    ``(b) Contract Requirements.--Each contract under this section--
            ``(1) shall be approved by the Maritime Administrator; and
            ``(2) shall be for a duration, including options, of not to 
        exceed one year unless the Maritime Administration finds that 
        exceptional circumstances justify an extension, which may not 
        exceed one additional year.
    ``(c) Limitation on Number of Contractors.--In awarding contracts 
under this section, the Maritime Administrator shall ensure that not 
more than 25 individuals actively provide services in any one academic 
trimester, or equivalent, as contractors under subsection (a).
    ``(d) Existing Contracts.--Any contract entered into before the 
date of enactment of the Maritime Administration Authorization Act of 
2010 for the services of an adjunct professor at the Academy shall 
remain in effect for the trimester (or trimesters) for which the 
services were contracted.''.
    (b) Conforming Amendments.--
            (1) The table of contents for chapter 513 of title 46, 
        United States Code, is amended by adding at the end thereof the 
        following:

``51317. Adjunct professors.''.
            (2) Section 3506 of the Duncan Hunter National Defense 
        Authorization Act for Fiscal Year 2009 (46 U.S.C. 53101 note) 
        is repealed.

SEC. 6. USE OF MIDSHIPMAN FEES.

    Section 51314 of title 46, United States Code, is amended--
            (1) by striking ``1994.'' in subsection (b) and inserting 
        ``1994, or for calculators, computers, personal and academic 
        supplies, midshipman services such as barber, tailor, or 
        laundry services, and U.S. Coast Guard license fees.''; and
            (2) by adding at the end thereof the following:
    ``(c) Use and Accounting.--
            ``(1) Use.--Midshipman fees collected by the Academy shall 
        be credited to the Maritime Administration's Operations and 
        Training appropriations, to remain available until expended, 
        for those expenses directly related to the purposes of the 
        fees. Fees collected in excess of actual expenses may be 
        returned to the midshipmen through a mechanism approved by the 
        Maritime Administrator.
            ``(2) Accounting.--The Maritime Administration shall 
        maintain a separate and detailed accounting of fee revenue and 
        all associated expenses.''.

SEC. 7. CONSTRUCTION OF VESSELS IN THE UNITED STATES POLICY.

    Section 50101(a)(4) of title 46, United States Code, is amended by 
inserting ``constructed in the United States'' after ``vessels''.

SEC. 8. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.

    Section 50302 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(c) Port Infrastructure Development Program.--
            ``(1) Establishment of program.--The Secretary of 
        Transportation, through the Maritime Administration, shall 
        establish a port infrastructure development program for the 
        improvement of port facilities.
            ``(2) Authority of the administrator.--In order to carry 
        out any program established under paragraph (1), the Maritime 
        Administrator may--
                    ``(A) receive funds provided for the program from 
                non-Federal and private entities that have a specific 
                agreement or contract with the Maritime Administration 
                to further the purposes of this subsection;
                    ``(B) coordinate with other Federal agencies to 
                expedite the process established under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) for the improvement of port facilities to relieve 
                port congestion, to increase port security, or to 
                provide greater access to port facilities;
                    ``(C) seek to coordinate all reviews or 
                requirements with appropriate local, State, and Federal 
                agencies;
                    ``(D) provide such technical assistance to port 
                authorities or commissions or their subdivisions and 
                agents as needed for project planning, design, and 
                construction; and
                    ``(E) encourage such public-private partnerships as 
                may be necessary for the development of financial 
                support of the project as the Administrator deems 
                necessary.
            ``(3)  Port infrastructure development fund.--
                    ``(A) Establishment.--There is a Port 
                Infrastructure Development Fund for use by the 
                Administrator in carrying out the port infrastructure 
                development program. The Fund shall be available to the 
                Administrator--
                            ``(i) to administer and carry out the 
                        program;
                            ``(ii) to receive non-Federal and private 
                        funds from entities which have specific 
                        agreements or contracts with the Administrator; 
                        and
                            ``(iii) to make refunds for projects that 
                        will not be completed.
                    ``(B) Credits.--There shall be deposited into the 
                Fund--
                            ``(i) funds from non-Federal and private 
                        entities which have agreements or contracts 
                        with the Administrator and which shall remain 
                        in the Fund until expended;
                            ``(ii) income from investments made 
                        pursuant to subparagraph (D); and
                            ``(iii) such amounts as may be appropriated 
                        or transferred to the Fund under this 
                        subsection.
                    ``(C) Transfers.--Amounts appropriated or otherwise 
                made available for any fiscal year for an intermodal or 
                marine facility comprising a component of the program 
                shall be transferred to the Fund and administered by 
                the Administrator.
                    ``(D) Investments.--Amounts in the Fund which are 
                not currently needed for the program shall be kept on 
                deposit or invested in obligations of, or guaranteed 
                by, the United States.
                    ``(E) Administrative expenses.--Administrative and 
                related expenses for the program for any fiscal year 
                may not exceed 3 percent of the amount available to the 
                program for that fiscal year.
                    ``(F) Authorization of appropriations.--There are 
                authorized to be appropriated to the Fund such sums as 
                may be necessary to carry out the program, taking into 
                account amounts received under subparagraph (A)(ii).''.

SEC. 9. REEFS FOR MARINE LIFE CONSERVATION PROGRAM.

    (a) In General.--Section 3 of Public Law 92	402 (16 U.S.C. 1220) is 
amended by adding at the end thereof the following:
    ``(d) Any territory, possession, or Commonwealth of the United 
States, and any foreign country, may apply to the Secretary for an 
obsolete vessel to be used for an artificial reef under this section. 
The application process and reefing of any such obsolete vessel shall 
be performed in a manner consistent with the process jointly developed 
by the Secretary of Transportation and the Administrator of the 
Environmental Protection Agency under section 3504(b) of Public Law 
107-314 (16 U.S.C. 1220 note).''.
    (b) Limitation.--Section 7 of Public Law 92	402 (16 U.S.C. 1220c-1) 
is amended by adding at the end thereof the following:
    ``(d) Limitation.--The Secretary may not provide assistance under 
this section to a foreign country to which an obsolete ship is 
transferred under this Act.''.

SEC. 10. STUDENT INCENTIVE PAYMENT AGREEMENTS.

    Section 51509(b) of title 46, United States Code, is amended by 
striking ``paid before the start of each academic year,'' and inserting 
``paid,''.

SEC. 11. UNITED STATES MERCHANT MARINE ACADEMY GRADUATE PROGRAM 
              RECEIPT, DISBURSEMENT, AND ACCOUNTING FOR NON-
              APPROPRIATED FUNDS.

    Section 51309(b) of title 46, United States Code, is amended by 
inserting after ``body.'' the following: ``Non-appropriated funds 
received for this purpose shall be credited to the Maritime 
Administration's Operations and Training appropriation, to remain 
available until expended, for those expenses directly related to the 
purpose of such receipts. The Superintendent shall maintain a separate 
and detailed accounting of non-appropriated fund receipts and all 
associated expenses.''.

SEC. 12. AMERICA'S SHORT SEA TRANSPORTATION GRANTS FOR THE DEVELOPMENT 
              OF MARINE HIGHWAYS.

    (a) In General.--Chapter 556 of title 46, United States Code, is 
amended by redesignating sections 55602 through 55605 as sections 55603 
through 55606 and by inserting after section 55601 the following:
``55602. Short sea transportation grant program
    ``(a) In General.--The Secretary of Transportation shall establish 
and implement a short sea transportation grant program.
    ``(b) Purpose.--The purposes of the program are to make grants to 
States and other public entities and sponsors of short sea 
transportation projects designated by the Secretary--
            ``(1) to facilitate and support marine transportation 
        initiatives at the State and local levels to facilitate 
        commerce, mitigate landside congestion, reduce the 
        transportation energy consumption, reduce harmful emissions, 
        improve safety, assist in environmental mitigation efforts, and 
        improve transportation system resiliency; and
            ``(2) to provide capital funding to address short sea 
        transportation infrastructure and freight transportation needs 
        for ports, vessels, and intermodal cargo facilities.
    ``(c) Eligible Projects.--To be eligible for a grant under the 
program, a project--
            ``(1) shall be designed to help relieve congestion, improve 
        transportation safety, facilitate domestic and international 
        trade, or encourage public-private partnerships; and
            ``(2) may include development, modification, and 
        construction of marine and intermodal cargo facilities, 
        vessels, port infrastructure and cargo handling equipment, and 
        transfer facilities at ports.
    ``(d) Selection Process.--
            ``(1) Applications.--A State or other public entity, or the 
        sponsor of any short sea transportation project designated by 
        the Secretary under the America's Marine Highway Program (MARAD 
        Docket No. 2008-0096; 73 FR 59530), may submit an application 
        to Secretary for a grant under the short sea transportation 
        grant program. The application shall contain such information 
        and assurances as the Secretary may require.
            ``(2) Priority.--In selecting projects for grants, the 
        Secretary shall give priority to projects that are consistent 
        with the objectives of the short sea transportation initiative 
        and America's Marine Highway Program that will--
                    ``(A) mitigate landside congestion;
                    ``(B) provide the greatest public benefit in energy 
                savings, reduced emissions, improved system resiliency, 
                and improved safety;
                    ``(C) include and demonstrate the greatest 
                environmental responsibility; and
                    ``(D) provide savings as an alternative to or means 
                to avoid highway or rail transportation infrastructure 
                construction and maintenance.
    ``(e) Use of Grant Funds.--Funds made available to a recipient of a 
grant under this section shall be used by the recipient for the project 
described in the application of the recipient approved by the 
Secretary.''.
    (b) Clerical Amendment.--The table of contents for chapter 556 of 
title 46, United States Code, is amended--
            (1) by redesignating the items relating to sections 55602 
        through 55605 as relating to section 55603 through 55606; and
            (2) by inserting after the item relating to section 55601 
        the following:

``55602. Short sea transportation grant program.''.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2010.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Transportation, for the use of the Maritime 
Administration, for fiscal year 2010 the following amounts:
            (1) For expenses necessary for operations and training 
        activities, $152,900,000, of which--
                    (A) $74,448,000 shall remain available until 
                expended for expenses at the United States Merchant 
                Marine Academy, of which $15,391,000 shall be available 
                for the capital improvement program; and
                    (B) $11,240,000 which shall remain available until 
                expended for maintenance and repair of school ships at 
                the State Maritime Academies.
            (2) For expenses to maintain and preserve a United States-
        flag merchant fleet to serve the national security needs of the 
        United States under chapter 531 of title 46, United States 
        Code, $174,000,000.
            (3) For paying reimbursement under section 3517 of the 
        Maritime Security Act of 2003 (46 U.S.C. 53101 note), 
        $19,500,000.
            (4) For expenses to dispose of obsolete vessels in the 
        National Defense Reserve Fleet, including provision of 
        assistance under section 7 of Public Law 92-402, $15,000,000.
            (5) For the cost (as defined in section 502(5) of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan 
        guarantees under the program authorized by chapter 537 of title 
        46, United States Code, $30,000,000.
            (6) For administrative expenses related to the 
        implementation of the loan guarantee program under chapter 537 
        of title 46, United States Code, administrative expenses 
        related to implementation of the reimbursement program under 
        section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 
        53101 note), and administrative expenses related to the 
        implementation of the small shipyards and maritime communities 
        assistance program under section 54101 of title 46, United 
        States Code, $6,000,000.
    (b) Availability.--Amounts appropriated pursuant to subsection (a) 
shall remain available, as provided in appropriations Acts, until 
expended.
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