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

                                                       Calendar No. 157
111th CONGRESS
  1st Session
                                S. 1308

                          [Report No. 111-73]

  To reauthorize the Maritime Administration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2009

   Mr. Lautenberg (for himself, Mrs. Hutchison, Mr. Rockefeller, Mr. 
Thune, Mr. Wicker, and Mr. Begich) introduced the following bill; which 
was read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                           September 9, 2009

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

_______________________________________________________________________

                                 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,

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

<DELETED>    This Act may be cited as the ``Maritime Administration 
Authorization Act of 2010''.</DELETED>

<DELETED>SEC. 2. COOPERATIVE AGREEMENTS, ADMINISTRATIVE EXPENSES, AND 
              CONTRACTING AUTHORITY.</DELETED>

<DELETED>    Section 109 of title 49, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by striking the heading for subsection (h) and 
        inserting the following:</DELETED>
<DELETED>    ``(h) Contracts, Cooperative Agreements, and Audits.--
'';</DELETED>
        <DELETED>    (2) by striking the heading for paragraph (1) of 
        subsection (h) and inserting the following:</DELETED>
        <DELETED>    ``(1) Contracts and cooperative agreements.--
        '';</DELETED>
        <DELETED>    (3) by striking ``make contracts'' in subsection 
        (h)(1) and inserting ``make contracts and cooperative 
        agreements'';</DELETED>
        <DELETED>    (4) by striking ``section and'' in subsection 
        (h)(1)(A) and inserting ``section,'';</DELETED>
        <DELETED>    (5) by striking ``title 46;'' in subsection 
        (h)(1)(A) and insert ``title 46, and all other Maritime 
        Administration programs;''; and</DELETED>
        <DELETED>    (6) by redesignating subsection (i) as subsection 
        (j) and inserting after subsection (h) the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. USE OF FUNDING FOR DOT MARITIME HERITAGE 
              PROPERTY.</DELETED>

<DELETED>    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:</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 4. LIQUIDATION OF UNUSED LEAVE BALANCE AT THE MERCHANT 
              MARINE ACADEMY.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 5. PERMANENT AUTHORITY TO HIRE ADJUNCT PROFESSORS AT THE 
              MERCHANT MARINE ACADEMY.</DELETED>

<DELETED>    (a) In General.--Chapter 513 of title 46, United States 
Code, is amended by adding at the end thereof the following:</DELETED>
<DELETED>``</DELETED><DELETED>51317. Adjunct professors</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Contract Requirements.--Each contract under this 
section--</DELETED>
        <DELETED>    ``(1) shall be approved by the Maritime 
        Administrator; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) The table of contents for chapter 513 of title 
        46, United States Code, is amended by adding at the end thereof 
        the following:</DELETED>

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

<DELETED>SEC. 6. USE OF MIDSHIPMAN FEES.</DELETED>

<DELETED>    Section 51314 of title 46, United States Code, is 
amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by adding at the end thereof the 
        following:</DELETED>
<DELETED>    ``(c) Use and Accounting.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Accounting.--The Maritime Administration 
        shall maintain a separate and detailed accounting of fee 
        revenue and all associated expenses.''.</DELETED>

<DELETED>SEC. 7. CONSTRUCTION OF VESSELS IN THE UNITED STATES 
              POLICY.</DELETED>

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

<DELETED>SEC. 8. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.</DELETED>

<DELETED>    Section 50302 of title 46, United States Code, is amended 
by adding at the end thereof the following:</DELETED>
<DELETED>    ``(c) Port Infrastructure Development Program.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Authority of the administrator.--In order to 
        carry out any program established under paragraph (1), the 
        Maritime Administrator may--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) seek to coordinate all reviews or 
                requirements with appropriate local, State, and Federal 
                agencies;</DELETED>
                <DELETED>    ``(D) provide such technical assistance to 
                port authorities or commissions or their subdivisions 
                and agents as needed for project planning, design, and 
                construction; and</DELETED>
                <DELETED>    ``(E) encourage such public-private 
                partnerships as may be necessary for the development of 
                financial support of the project as the Administrator 
                deems necessary.</DELETED>
        <DELETED>    ``(3)  Port infrastructure development fund.--
        </DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) to administer and carry out 
                        the program;</DELETED>
                        <DELETED>    ``(ii) to receive non-Federal and 
                        private funds from entities which have specific 
                        agreements or contracts with the Administrator; 
                        and</DELETED>
                        <DELETED>    ``(iii) to make refunds for 
                        projects that will not be completed.</DELETED>
                <DELETED>    ``(B) Credits.--There shall be deposited 
                into the Fund--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) income from investments 
                        made pursuant to subparagraph (D); 
                        and</DELETED>
                        <DELETED>    ``(iii) such amounts as may be 
                        appropriated or transferred to the Fund under 
                        this subsection.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 9. REEFS FOR MARINE LIFE CONSERVATION PROGRAM.</DELETED>

<DELETED>    (a) In General.--Section 3 of Public Law 92</DELETED>	
<DELETED>402 (16 U.S.C. 1220) is amended by adding at the end thereof 
the following:</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Limitation.--Section 7 of Public Law 92</DELETED>	
<DELETED>402 (16 U.S.C. 1220c-1) is amended by adding at the end 
thereof the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 10. STUDENT INCENTIVE PAYMENT AGREEMENTS.</DELETED>

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

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

<DELETED>    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.''.</DELETED>

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

<DELETED>    (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:</DELETED>
<DELETED>``</DELETED><DELETED>55602. Short sea transportation grant 
              program</DELETED>
<DELETED>    ``(a) In General.--The Secretary of Transportation shall 
establish and implement a short sea transportation grant 
program.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) to provide capital funding to address short 
        sea transportation infrastructure and freight transportation 
        needs for ports, vessels, and intermodal cargo 
        facilities.</DELETED>
<DELETED>    ``(c) Eligible Projects.--To be eligible for a grant under 
the program, a project--</DELETED>
        <DELETED>    ``(1) shall be designed to help relieve 
        congestion, improve transportation safety, facilitate domestic 
        and international trade, or encourage public-private 
        partnerships; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Selection Process.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) mitigate landside 
                congestion;</DELETED>
                <DELETED>    ``(B) provide the greatest public benefit 
                in energy savings, reduced emissions, improved system 
                resiliency, and improved safety;</DELETED>
                <DELETED>    ``(C) include and demonstrate the greatest 
                environmental responsibility; and</DELETED>
                <DELETED>    ``(D) provide savings as an alternative to 
                or means to avoid highway or rail transportation 
                infrastructure construction and maintenance.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents for chapter 
556 of title 46, United States Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating the items relating to 
        sections 55602 through 55605 as relating to section 55603 
        through 55606; and</DELETED>
        <DELETED>    (2) by inserting after the item relating to 
        section 55601 the following:</DELETED>

<DELETED>``55602. Short sea transportation grant program.''.

<DELETED>SEC. 13. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
              2010.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (1) For expenses necessary for operations and 
        training activities, $152,900,000, of which--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) $11,240,000 which shall remain 
                available until expended for maintenance and repair of 
                school ships at the State Maritime Academies.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) For paying reimbursement under section 3517 of 
        the Maritime Security Act of 2003 (46 U.S.C. 53101 note), 
        $19,500,000.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Availability.--Amounts appropriated pursuant to 
subsection (a) shall remain available, as provided in appropriations 
Acts, until expended.</DELETED>

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. EXPANSION OF THE MARINE VIEW SYSTEM.

    (a) Definitions.--In this section:
            (1) Marine transportation system.--The term ``marine 
        transportation system'' means the navigable water 
        transportation system of the United States, including the 
        vessels, ports (and intermodal connections thereto), and 
        shipyards and other vessel repair facilities that are 
        components of that system.
            (2) Marine view system.--The term ``Marine View system'' 
        means the information system of the Maritime Administration 
        known as Marine View.
    (b) Findings.--Congress finds the following:
            (1) Information regarding the marine transportation system 
        is comprised of information from the Government of the United 
        States and from commercial sources.
            (2) Marine transportation system information includes 
        information regarding waterways, bridges, locks, dams, and all 
        intermodal components that are dependent on maritime 
        transportation and accurate information regarding marine 
        transportation is critical to the health of the United States 
        economy.
            (3) Numerous challenges face the marine transportation 
        system, including projected growth in cargo volumes, 
        international competition, complexity, cooperation, and the 
        need for improved efficiency.
            (4) There are deficiencies in the current information 
        environment of the marine transportation system, including the 
        inability to model the entire marine transportation system to 
        address capacity planning, disaster planning, and disaster 
        recovery.
            (5) The current information environment of the marine 
        transportation system contains multiple unique systems that are 
        duplicative, not integrated, not able to be shared, not secure, 
        or that have little structured privacy protections, not 
        protected from loss or destruction, and will not be available 
        when needed.
            (6) There is a lack of system-wide information views in the 
        marine transportation system.
            (7) The Administrator of the Maritime Administration is 
        uniquely positioned to develop and execute the role of marine 
        transportation system information advocate, to serve as the 
        focal point for marine transportation system information 
        management, and to provide a robust information infrastructure 
        to identify, collect, secure, protect, store, and deliver 
        critical information regarding the marine transportation 
        system.
    (c) Purposes.--The purposes of this section are--
            (1) to expand the Marine View system; and
            (2) to provide support for the strategic requirements of 
        the marine transportation system and its contribution to the 
        economic viability of the United States.
    (d) Expansion of Marine View System.--To accomplish the purposes of 
this section, the Secretary of Transportation shall expand the Marine 
View system so that such system is able to identify, collect, 
integrate, secure, protect, store, and securely distribute throughout 
the marine transportation system information that--
            (1) provides access to many disparate marine transportation 
        system data sources;
            (2) enables a system-wide view of the marine transportation 
        system;
            (3) fosters partnerships between the Government of the 
        United States and private entities;
            (4) facilitates accurate and efficient modeling of the 
        entire marine transportation system environment;
            (5) monitors and tracks threats to the marine 
        transportation system, including areas of severe weather or 
        reported piracy; and
            (6) provides vessel tracking and rerouting, as appropriate, 
        to ensure that the economic viability of the United States 
        waterways is maintained.
    (e) Agreements and Contracts.--The Administrator of the Maritime 
Administration may enter into cooperative agreements, partnerships, 
contracts, or other agreements with industry or other Federal agencies 
to carry out this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2010 through 2013 to 
carry out this section.

SEC. 14. 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.
                                                       Calendar No. 157

111th CONGRESS

  1st Session

                                S. 1308

                          [Report No. 111-73]

_______________________________________________________________________

                                 A BILL

  To reauthorize the Maritime Administration, and for other purposes.

_______________________________________________________________________

                           September 9, 2009

                       Reported with an amendment