1.Short title; amendment of
title 46, united states code; table of contents
(a)This Act may be cited as the Maritime Administration Authorization Act for Fiscal Year
2012
.
(b)Amendment of
title 46, united states codeExcept as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in terms of
an amendment to, or a repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of title 46,
United States Code.
(c)The table of contents for this Act is as follows:
Sec. 1. Short title; amendment of title
46, United States Code; table of contents.
Sec. 2. Marine transportation
system.
Sec. 3. Short sea transportation program
amendments.
Sec. 4. Use of National Defense Reserve
Fleet and Ready Reserve Force Vessels.
Sec. 5. Green ships program.
Sec. 6. Recycling of National Defense
Reserve Fleet Vessels.
Sec. 7. Ship scrapping reporting
requirement.
Sec. 8. Extension of Maritime Security
Fleet Program.
Sec. 9. Maritime Workforce
Study.
Sec. 10. Authorization of appropriations
for fiscal year 2012.
2.Marine
transportation system
(a)Report on status
of systemSection 50109(d) is amended to read as follows:
(d)Marine
transportation system
(1)Not later than July 31, 2012, the Secretary, in
consultation with the Secretary of Defense and the commanding officer of the
Army Corps of Engineers, and with the concurrence of the Secretary of the
department in which the Coast Guard is operating, shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives on the status of the Nation's
coastal and inland waterways that—
(A)describes the
state of the United States marine transportation infrastructure, including
intercoastal infrastructure, intracoastal infrastructure, inland waterway
infrastructure, ports, and marine facilities;
(B)provides estimates
of the investment levels required—
(i)to maintain the
infrastructure; and
(ii)to improve the
infrastructure; and
(C)describes the
overall environmental management of the maritime transportation system and the
integration of environmental stewardship into the overall system.
(2)The Secretary may investigate, make determinations
concerning, and develop a repository of statistical information relating to
marine transportation, including its relationship to transportation by land and
air, to facilitate research, assessment, and maintenance of the maritime
transportation system. As used in this paragraph, the term marine
transportation includes intercoastal transportation, intracoastal
transportation, inland waterway transportation, ports, and marine
facilities.
(3)Authorization of
appropriationsThere are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out this
subsection.
.
(b)Container-on-barge
transportation
(1)Not later than 6 months after the date of enactment of
this Act, the Maritime Administration shall assess the potential for using
container-on-barge transportation on the inland waterways system and submit a
report, together with the Administration's findings, conclusions, and
recommendations, to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of Representatives. If the
Administration determines that it would be in the public interest, the report
may include recommendations for a plan to increase awareness of the potential
for use of such container-on-barge transportation and recommendations for the
development and implementation of such a plan.
(2)In
conducting the assessment, the Administration shall consider—
(A)the environmental
benefits of increasing container-on-barge movements on our inland and
intracoastal waterways system;
(B)regional
differences in the inland waterways system;
(C)existing programs
established at coastal and Great Lakes ports for establishing awareness of deep
sea shipping operations;
(D)mechanisms to
ensure that implementation of the plan will not be inconsistent with antitrust
laws; and
(E)potential
frequency of service at inland river ports.
3.Short sea
transportation program amendments
(a)Section 55601(a) is amended by inserting and to
promote more efficient use of the navigable waters of the United States
after congestion
.
(b)Section 55601(c) is amended by inserting and to
promote more efficient use of the navigable waters of the United States
after coastal corridors
.
(c)Section 55601(d) is amended to read as
follows:
(d)The Secretary may designate a project as a short sea
transportation project if the Secretary determines that the project—
(1)mitigates landside
congestion; or
(2)promotes more
efficient use of the navigable waters of the United
States.
.
(d)Section
55605 is amended by striking by vessel
and inserting by a
documented vessel
.
4.Use of national
defense reserve fleet and ready reserve force vesselsSection 11 of the Merchant Ship Sales Act of
1946 (50 U.S.C. App. 1744), is amended—
(1)in subsection
(b)—
(A)by striking
or
in paragraph (4) after the semicolon;
(B)by striking the
period at the end of paragraph (5) and inserting ; or
;
and
(C)by adding at the
end the following:
(6)for civil
contingency operations and Maritime Administration promotional and media events
under subsection (f).
;
and
(2)by adding at the
end the following:
(f)Civil
contingency operations and promotional and media eventsThe
Secretary of Transportation may allow, with the concurrence of the Secretary of
Defense, the use of a vessel in the National Defense Reserve Fleet for civil
contingency operations requested by another Federal agency, and for Maritime
Administration promotional and media events that are related to demonstration
projects and research and development supporting the Maritime Administration's
mission, if the Secretary of Transportation determines the use of the vessel is
in the best interest of the United States Government after—
(1)considering the
availability of the National Defense Reserve Fleet and Ready Reserve Force
resources;
(2)considering the
impact on National Defense Reserve Fleet and Ready Reserve Force mission
support to the defense and homeland security requirements of the United States
Government;
(3)ensuring that the
use of the vessel supports the mission of the Maritime Administration and does
not significantly interfere with vessel maintenance, repair, safety, readiness,
or resource availability;
(4)ensuring that
safety precautions are taken, including indemnification of liability, when
applicable;
(5)ensuring that any
cost incurred by the use of the vessel is funded as a reimbursable transaction
between Federal agencies, as applicable; and
(6)considering any
other factors the Secretary of Transportation determines are
appropriate.
.
5.
(a)Chapter 503 is amended by adding at the end the
following:
§ 50307. Green ships
program
(a)The Secretary of Transportation may establish a green
ships program to engage in the environmental study, research, development,
assessment, and deployment of emerging marine technologies through the use of
public vessels under the control of the Maritime Administration or private
vessels under United States registry, and through partnerships and cooperative
efforts with academic, public, private, and non-governmental entities.
(b)The program—
(1)shall identify,
evaluate, test, demonstrate, or improve emerging marine technologies that are
likely to achieve environmental improvements—
(A)by reducing air
emissions, water emissions, or other ship discharges;
(B)by increasing fuel
economy or the use of alternative fuels; or
(C)by controlling
aquatic invasive species; and
(2)shall be
coordinated with the Environmental Protection Agency, the United States Coast
Guard, and other Federal, State, local, or tribal agencies, as
appropriate.
(c)Program coordination under subsection (b)(2) may
include—
(1)activities that
are associated with the development or approval of validation and testing
regimes; and
(2)certification or
validation of emerging technologies that demonstrate significant environmental
benefits.
(d)
(1)In carrying out the green ships program, the Secretary of
Transportation may apply such funds as may be appropriated and such funds or
resources as may become available by gift, cooperative agreement, or otherwise,
including the collection of fees, for the purposes of the program and its
administration.
(2)Pursuant to section 9701 of title 31, the Secretary of
Transportation may promulgate regulations establishing fees to recover
reasonable costs to the Secretary and to academic, public, and non-governmental
entities associated with the program.
(3)Any fees collected under this section shall be deposited
in a special fund of the United States Treasury for services rendered under the
program, which thereafter shall remain available until expended to carry out
the Secretary of Transportation's activities for which the fees were
collected.
(e)The
Secretary of Transportation shall report on the activities, expenditures, and
results of the green ships program during the preceding fiscal year in the
annual budget submission to
Congress.
.
(b)The table of contents for chapter 503 is amended by
inserting after the item relating to section 50306 the following:
50307. Green ships
program.
.
6.Recycling of
national defense reserve fleet vesselsSection 113(e)(15) of title 40, United
States Code, is amended to read as follows:
(15)the Maritime
Administration with respect to the acquisition, procurement, operation,
maintenance, preservation, sale, lease, charter, construction, reconstruction,
reconditioning (including outfitting and equipping incidental to construction,
reconstruction, or reconditioning), or disposal for recycling (including
related contracts for towing, dry-docking, sale or purchase of services for
recycling, and vessel management), of a merchant vessel or shipyard, ship site,
terminal, pier, dock, warehouse, or other installation necessary or appropriate
for carrying out a program of the Administration authorized by law or
non-administrative activities incidental to a program of the Administration
authorized by law, but the Administration shall, to the maximum extent it
considers practicable, consistent with the purposes of its programs and the
effective, efficient conduct of its activities, coordinate its operations with
the requirements of this subtitle and with policies and regulations prescribed
under this
subtitle;
.
7.Ship scrapping
reporting requirementSection
3502 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (enacted into law by section 1 of Public Law 106–398; 16 U.S.C. 5405 note;
114 Stat. 1654A–490) is amended by amending subsection (f) to read as
follows:
(f)The Secretary of
Transportation shall provide briefings, upon request, to the Committee on
Commerce, Science, and Transportation and the Committee on Armed Forces of the
Senate and the Committee on Transportation and Infrastructure, the Committee on
Resources, and the Committee on Armed Forces of the House of Representatives
on—
(1)the progress made
to recycle vessels;
(2)any problems
encountered in recycling vessels; and
(3)any other issues
relating to vessel recycling and
disposal.
.
8.Extension of
maritime security fleet program
(a)Section 53101 is
amended—
(1)by amending
paragraph (4) to read as follows:
(4)The term foreign commerce means—
(A)commerce or trade
between the United States, its territories or possessions, or the District of
Columbia, and a foreign country; and
(B)commerce or trade
between foreign
countries.
;
(2)by striking
paragraph (5);
(3)by redesignating
paragraphs (6) through (13) as (5) through (12), respectively; and
(4)by amending
paragraph (5), as redesignated by section 8(a)(3) of this Act, to read as
follows:
(5)Participating
fleet vesselThe term participating fleet vessel
means any vessel that—
(A)On October 1,
2015—
(i)meets the
requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and
(ii)is less than 20
years of age if the vessel is a tank vessel, or is less than 25 years of age
for all other vessel types; and
(B)On December 31,
2014, is covered by an operating agreement under this
chapter.
.
(b)Section 53102(b)
is amended to read as follows:
(b)A vessel is eligible to be included in the Fleet
if—
(1)the vessel meets
the requirements of paragraph (1), (2), (3), or (4) of subsection (c);
(2)the vessel is
operated (or in the case of a vessel to be constructed, will be operated) in
providing transportation in foreign commerce;
(3)the vessel is
self-propelled and—
(A)is a tank vessel
that is 10 years of age or less on the date the vessel is included in the
Fleet; or
(B)is any other type
of vessel that is 15 years of age or less on the date the vessel is included in
the Fleet;
(4)the vessel—
(A)is suitable for
use by the United States for national defense or military purposes in time of
war or national emergency, as determined by the Secretary of Defense;
and
(B)is commercially
viable, as determined by the Secretary; and
(5)the vessel—
(A)is a United
States-documented vessel; or
(B)is not a United
States-documented vessel, but—
(i)the owner of the
vessel has demonstrated an intent to have the vessel documented under chapter
121 of this title if it is included in the Fleet; and
(ii)at the time an
operating agreement for the vessel is entered into under this chapter, the
vessel is eligible for documentation under chapter 121 of this
title.
.
(c)Section 53103 is
amended—
(1)by amending
subsection (b) to read as follows:
(b)Extension of
Existing Operating Agreements.—The Secretary is authorized to amend an
operating agreement that is in existence on December 31, 2014, for a
participating fleet vessel, or any subsequent replacement of the participating
fleet vessel, to extend the operating agreement through September 30, 2025. The
terms and conditions of the extended operating agreement shall include terms
and conditions authorized under this chapter, as amended from time to time. If
a contractor does not agree to an extended operating agreement before February
28, 2015, the Secretary may award the operating agreement to another
contractor. Beginning on February 28, 2015, operating agreements shall not be
transferable by the contractor.
;
and
(2)by amending
subsection (c) to read as follows:
(c)Procedure for
awarding new operating agreementsThe Secretary may enter into a
new operating agreement with an applicant that meets the requirements of
section 53102(c) (for vessels that meet the qualifications of section 53102(b))
on the basis of priority for vessel type established by military requirements
of the Secretary of Defense. The Secretary shall allow an applicant at least 30
days to submit an application for a new operating agreement. After
consideration of military requirements, priority shall be given to an applicant
that is a U.S. citizen under section 50501 of this title. The Secretary may not
approve an application without the consent of the Secretary of Defense. The
Secretary shall enter into an operating agreement with the applicant or provide
a written reason for denying the
application.
.
(d)Section 53104 is
amended—
(1)in subsection (c),
by striking paragraph (3); and
(2)in subsection (e),
by striking an operating agreement under this chapter is terminated
under subsection (c)(3), or if
.
(e)Section 53105 is
amended—
(1)by amending
subsection (e) to read as follows:
(e)A contractor may replace a vessel under an operating
agreement with another vessel that is eligible to be included in the Fleet
under section 53102(b), if the Secretary, in conjunction with the Secretary of
Defense, approves the replacement of the
vessel.
;
and
(2)by striking
subsection (f).
(f)Section 53106 is
amended—
(1)in subsection
(a)(1), by striking and (C) $3,100,000 for each of fiscal years 2012
through 2025.
and inserting the following:
(C)$3,100,000 for
each of fiscal years 2012, 2013, 2014, 2015, 2016, 2017, and 2018;
(D)$3,500,000 for
each of fiscal years 2019, 2020, and 2021; and
(E)$3,700,000 for
each of fiscal years 2022, 2023, 2024, and
2025.
;
(2)in subsection
(c)(3)(C), by striking a LASH vessel.
and inserting a
lighter aboard ship vessel.
; and
(3)by striking
subsection (f).
(g)Section
53107(b)(1) is amended to read as follows:
(1)An Emergency Preparedness Agreement under this section
shall require that a contractor for a vessel covered by an operating agreement
under this chapter shall make commercial transportation resources (including
services) available, upon request by the Secretary of Defense during a time of
war or national emergency, or whenever the Secretary of Defense determines that
it is necessary for national security or contingency operation (as that term is
defined in section 101 of title 10, United States
Code).
.
(h)Section 53109 is
repealed.
(i)The table of
contents for chapter 531 is amended by striking the item relating to section
53109.
(j)Section 53111 is
amended by striking and (3) $186,000,000 for each fiscal year thereafter
through fiscal year 2025.
and inserting the following:
(3)$186,000,000 for
each of fiscal years 2012, 2013, 2014, 2015, 2016, 2017, and 2018;
(4)$210,000,000 for
each of fiscal years 2019, 2020, and 2021; and
(5)$222,000,000 for
each fiscal year thereafter through fiscal year
2025.
.
(k)Chapter 531 is
amended by adding at the end the following:
§ 53112. Acquisition of fleet
vessels
(a)Notwithstanding section 2218(f) of title 10, United
States Code, upon replacement of any vessel subject to an operating agreement
under this chapter, and subject to agreement by the vessel owner, the Secretary
is authorized, subject to concurrence with the Secretary of Defense, to acquire
the vessel being replaced for inclusion in the National Defense Reserve
Fleet.
(b)In
order to be eligible for acquisition by the Secretary under this section, a
vessel shall—
(1)have been included
in a Maritime Security Program Operating Agreement for not less than 3 years;
and
(2)meet
recapitalization requirements for the Ready Reserve Force.
(c)The Maritime Administration shall establish a fair market
value for the acquisition of an eligible vessel under this section.
(d)A
vessel acquisition under this section shall be subject to the availability of
appropriations and the appropriations shall be part of the National Defense
Reserve Fleet appropriations and separate from Maritime Security Program
appropriations.
.
(l)Effective date
of amendmentsThe amendments made by—
(1)paragraphs (2),
(3), and (4) of section 8(a) of this Act take effect on December 31,
2014;
(2)section 8(c)(1) of
this Act take effect on December 31, 2014; and
(3)section 8(f)(2) of
this Act take effect on December 31, 2014.
9.
(a)The Comptroller General of the United States shall conduct
a study on the training needs of the maritime workforce.
(b)The study shall—
(1)analyze the impact
of training requirements imposed by domestic and international regulations and
conventions, companies, and government agencies that charter or operate
vessels;
(2)evaluate the
ability of the Nation's maritime training infrastructure to meet the current
needs of the maritime industry;
(3)evaluate the
ability of the Nation's maritime training infrastructure to effectively meet
the needs of the maritime industry in the future;
(4)identify trends in
maritime training;
(5)compare the
training needs of U.S. mariners with the vocational training and educational
assistance programs available from Federal agencies to evaluate the ability of
Federal programs to meet the training needs of U.S. mariners;
(6)include
recommendations for future programs to enhance the capabilities of the Nation's
maritime training infrastructure; and
(7)include
recommendations for future programs to assist U.S. mariners and those entering
the maritime profession achieve the required training.
(c)Not later than 1 year after the date of enactment of this
Act, the Comptroller General shall submit a report on the results of the study
to the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
10.Authorization of
appropriations for fiscal year 2012There are authorized to be appropriated to
the Secretary of Transportation for programs of the Maritime Administration the
following amounts:
(1)For expenses necessary for operations and training
activities, not to exceed $161,539,000 for the fiscal year ending September 30,
2012, of which—
(A)$28,885,000 is for
capital improvements at the U.S. Merchant Marine Academy, to remain available
until expended; and
(B)$11,100,000 is for
maintenance and repair for training ships at State Maritime Schools, to remain
available until expended.
(2)Maritime
guaranteed loansFor administrative expenses related to loan
guarantee commitments under chapter 537 of title 46, United States Code, not to
exceed $3,750,000, which shall be paid to the appropriation for
Operations and Training
, Maritime Administration.
(3)For disposal of non-retention vessels in the National
Defense Reserve Fleet, $18,500,000, to remain available until expended.
1.Short title; amendment of
title 46, united states code; table of contents
(a)This Act may be cited as the Maritime Administration Authorization Act for Fiscal Year
2012
.
(b)Amendment of title 46,
united states codeExcept as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of title 46, United
States Code.
(c)The table of contents for this Act is as follows:
Sec. 1. Short title; amendment of title 46,
United States Code; table of contents.
Sec. 2. Marine transportation
system.
Sec. 3. Short sea transportation program
amendments.
Sec. 4. Use of National Defense Reserve Fleet
and Ready Reserve Force Vessels.
Sec. 5. Green ships program.
Sec. 6. Waiver of navigation and
vessel-inspection laws.
Sec. 7. Ship scrapping reporting
requirement.
Sec. 8. Extension of Maritime Security Fleet
Program.
Sec. 9. Maritime Workforce Study.
Sec. 10. Maritime Administration vessel
recycling contract award practices.
Sec. 11. Prohibition on Maritime Administration
receipt of polar icebreakers.
Sec. 12. Authorization of appropriations for
fiscal year 2012.
2.Marine transportation
system
(a)Report on status of
systemSection 50109(d) is amended to read as follows:
(d)Marine transportation
system
(1)Not later than October 1, 2012, the Secretary, in
consultation with the Secretary of Defense and the commanding officer of the
Army Corps of Engineers, and with the concurrence of the Secretary of the
department in which the Coast Guard is operating, shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives on the status of the Nation's
coastal and inland waterways that—
(A)describes the state of
the United States' marine transportation infrastructure, including intercoastal
infrastructure, intracoastal infrastructure, inland waterway infrastructure,
ports, and marine facilities;
(B)provides estimates of the
investment levels required—
(i)to maintain the
infrastructure; and
(ii)to improve the
infrastructure; and
(C)describes the overall
environmental management of the maritime transportation system and the
integration of environmental stewardship into the overall system.
(2)The Secretary may investigate, make determinations
concerning, and develop a repository of statistical information relating to
marine transportation, including its relationship to transportation by land and
air, to facilitate research, assessment, and maintenance of the maritime
transportation system. As used in this paragraph, the term marine
transportation includes intercoastal transportation, intracoastal
transportation, inland waterway transportation, ports, and marine
facilities.
(3)Authorization of
appropriationsThere are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out this
subsection.
.
(b)Container-on-barge
transportation
(1)Not later than 6 months after the date of enactment of
this Act, the Maritime Administration shall assess the potential for using
container-on-barge transportation on the inland waterways system and submit a
report, together with the Administration's findings, conclusions, and
recommendations, to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of Representatives. If the
Administration determines that it would be in the public interest, the report
may include recommendations for a plan to increase awareness of the potential
for use of such container-on-barge transportation and recommendations for the
development and implementation of such a plan.
(2)In
conducting the assessment, the Administration shall consider—
(A)the environmental
benefits of increasing container-on-barge movements on our inland and
intracoastal waterways system;
(B)regional differences in
the inland waterways system;
(C)existing programs
established at coastal and Great Lakes ports for establishing awareness of deep
sea shipping operations;
(D)mechanisms to ensure that
implementation of the plan will not be inconsistent with antitrust laws;
and
(E)potential frequency of
service at inland river ports.
3.Short sea transportation
program amendments
(a)Section 55601(a) is amended by inserting and to
promote more efficient use of the navigable waters of the United States
after congestion
.
(b)Section 55601(c) is amended by inserting and to
promote more efficient use of the navigable waters of the United States
after coastal corridors
.
(c)Section 55601(d) is amended to read as
follows:
(d)The Secretary may designate a project as a short sea
transportation project if the Secretary determines that the project—
(1)mitigates landside
congestion; or
(2)promotes more efficient
use of the navigable waters of the United
States.
.
(d)Section
55605 is amended by striking by vessel
and inserting by a
documented vessel
.
4.Use of national defense
reserve fleet and ready reserve force vesselsSection 11 of the Merchant Ship Sales Act of
1946 (50 U.S.C. App. 1744), is amended—
(1)in subsection (b)—
(A)by striking
or
in paragraph (4) after the semicolon;
(B)by striking the period at
the end of paragraph (5) and inserting ; or
; and
(C)by adding at the end the
following:
(6)for civil contingency
operations and Maritime Administration promotional and media events under
subsection (f).
;
and
(2)by adding at the end the
following:
(f)Civil contingency
operations and promotional and media eventsThe Secretary of
Transportation may allow, with the concurrence of the Secretary of Defense, the
use of a vessel in the National Defense Reserve Fleet for civil contingency
operations requested by another Federal agency, and for Maritime Administration
promotional and media events that are related to demonstration projects and
research and development supporting the Maritime Administration's mission, if
the Secretary of Transportation determines the use of the vessel is in the best
interest of the United States Government after—
(1)considering the
availability of the National Defense Reserve Fleet and Ready Reserve Force
resources;
(2)considering the impact on
National Defense Reserve Fleet and Ready Reserve Force mission support to the
defense and homeland security requirements of the United States
Government;
(3)ensuring that the use of
the vessel supports the mission of the Maritime Administration and does not
significantly interfere with vessel maintenance, repair, safety, readiness, or
resource availability;
(4)ensuring that safety
precautions are taken, including indemnification of liability, when
applicable;
(5)ensuring that any cost
incurred by the use of the vessel is funded as a reimbursable transaction
between Federal agencies, as applicable; and
(6)considering any other
factors the Secretary of Transportation determines are
appropriate.
.
5.
(a)Chapter 503 is amended by adding at the end the
following:
§
50307. Green ships program
(a)The Secretary of Transportation may establish a green
ships program to engage in the environmental study, research, development,
assessment, and deployment of emerging marine technologies and practices
related to the marine transportation system through the use of public vessels
under the control of the Maritime Administration or private vessels under
United States registry, and through partnerships and cooperative efforts with
academic, public, private, and non-governmental entities and facilities.
(b)The program shall—
(1)identify, study,
evaluate, test, demonstrate, or improve emerging marine technologies and
practices that are likely to achieve environmental improvements by—
(A)reducing air
emissions, water emissions, or other ship discharges;
(B)increasing fuel economy
or the use of alternative fuels and alternative energy (including the use of
shore power); or
(C)controlling aquatic
invasive species; and
(2)be coordinated
with the Environmental Protection Agency, the United States Coast Guard, and
other Federal, State, local, or tribal agencies, as appropriate.
(c)Program coordination under subsection (b)(2) may
include—
(1)activities that
are associated with the development or approval of validation and testing
regimes; and
(2)certification or
validation of emerging technologies or practices that demonstrate significant
environmental benefits.
(d)
(1)In carrying out the green ships program, the Secretary of
Transportation may apply such funds as may be appropriated and such funds or
resources as may become available by gift, cooperative agreement, or otherwise,
including the collection of fees, for the purposes of the program and its
administration.
(2)Pursuant to section 9701 of title 31, the Secretary of
Transportation may promulgate regulations establishing fees to recover
reasonable costs to the Secretary and to academic, public, and non-governmental
entities associated with the program.
(3)Any fees collected under this section shall be deposited
in a special fund of the United States Treasury for services rendered under the
program, which thereafter shall remain available until expended to carry out
the Secretary of Transportation's activities for which the fees were
collected.
(e)The
Secretary of Transportation shall report on the activities, expenditures, and
results of the green ships program during the preceding fiscal year in the
annual budget submission to
Congress.
.
(b)The table of contents for chapter 503 is amended by
inserting after the item relating to section 50306 the following:
50307. Green ships
program.
.
6.Waiver of navigation and
vessel-inspection lawsSection
501(b) is amended by adding A waiver shall be accompanied by a
certification by the individual and the Administrator to the Committee on
Commerce, Science, and Transportation and the Committee on Armed Services of
the Senate, and the Committee on Transportation and Infrastructure and the
Committee on Armed Services of the House of Representatives that it is not
possible to use a United States flag vessel or United States flag vessels
collectively to meet the national defense requirements.
after
prescribes.
.
7.Ship scrapping reporting
requirementSection 3502 of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(enacted into law by section 1 of Public Law 106–398; 16 U.S.C. 5405 note; 114
Stat. 1654A–490) is amended by amending subsection (f) to read as
follows:
(f)The Secretary of
Transportation shall provide briefings, upon request, to the Committee on
Commerce, Science, and Transportation and the Committee on Armed Services of
the Senate and the Committee on Transportation and Infrastructure, the
Committee on Resources, and the Committee on Armed Services of the House of
Representatives on—
(1)the progress made to
recycle vessels;
(2)any problems encountered
in recycling vessels; and
(3)any other issues relating
to vessel recycling and
disposal.
.
8.Extension of maritime
security fleet program
(a)Section 53101 is
amended—
(1)by amending paragraph (4)
to read as follows:
(4)The term foreign commerce means—
(A)commerce or trade between
the United States, its territories or possessions, or the District of Columbia,
and a foreign country; and
(B)commerce or trade between
foreign
countries.
;
(2)by striking paragraph
(5);
(3)by redesignating
paragraphs (6) through (13) as (5) through (12), respectively; and
(4)by amending paragraph
(5), as redesignated by section 8(a)(3) of this Act, to read as follows:
(5)Participating fleet
vesselThe term participating fleet vessel means any
vessel that—
(A)on October 1,
2015—
(i)meets the
requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and
(ii)is less than 20
years of age if the vessel is a tank vessel, or is less than 25 years of age
for all other vessel types; and
(B)on December 31,
2014, is covered by an operating agreement under this
chapter.
.
(b)Section 53102(b) is
amended to read as follows:
(b)A vessel is eligible to be included in the Fleet
if—
(1)the vessel meets the
requirements of paragraph (1), (2), (3), or (4) of subsection (c);
(2)the vessel is operated
(or in the case of a vessel to be constructed, will be operated) in providing
transportation in foreign commerce;
(3)the vessel is
self-propelled and—
(A)is a tank vessel that is
10 years of age or less on the date the vessel is included in the Fleet;
or
(B)is any other type of
vessel that is 15 years of age or less on the date the vessel is included in
the Fleet;
(4)the vessel—
(A)is suitable for use by
the United States for national defense or military purposes in time of war or
national emergency, as determined by the Secretary of Defense; and
(B)is commercially viable,
as determined by the Secretary; and
(5)the vessel—
(A)is a United
States-documented vessel; or
(B)is not a United
States-documented vessel, but—
(i)the owner of the vessel
has demonstrated an intent to have the vessel documented under chapter 121 of
this title if it is included in the Fleet; and
(ii)at the time an operating
agreement for the vessel is entered into under this chapter, the vessel is
eligible for documentation under chapter 121 of this
title.
.
(c)Section 53103 is
amended—
(1)by amending subsection
(b) to read as follows:
(b)Extension of existing
operating agreements
(1)Not later than 60 days after the date of enactment of the
Maritime Administration Authorization Act for Fiscal Year 2012, the Secretary
shall offer, to an existing contractor, to extend, through September 30, 2025,
an operating agreement that is in existence on the date of enactment of that
Act. The terms and conditions of the extended operating agreement shall include
terms and conditions authorized under this chapter, as amended from time to
time.
(2)An existing contractor shall have not later than 120 days
after the date the Secretary offers to extend an operating agreement to agree
to the extended operating agreement.
(3)The Secretary may award an operating agreement to an
applicant that is eligible to enter into an operating agreement for fiscal
years 2016 through 2025 if the existing contractor does not agree to the
extended operating agreement under paragraph
(2).
;
and
(2)by amending subsection
(c) to read as follows:
(c)Procedure for awarding
new operating agreementsThe Secretary may enter into a new
operating agreement with an applicant that meets the requirements of section
53102(c) (for vessels that meet the qualifications of section 53102(b)) on the
basis of priority for vessel type established by military requirements of the
Secretary of Defense. The Secretary shall allow an applicant at least 30 days
to submit an application for a new operating agreement. After consideration of
military requirements, priority shall be given to an applicant that is a U.S.
citizen under section 50501 of this title. The Secretary may not approve an
application without the consent of the Secretary of Defense. The Secretary
shall enter into an operating agreement with the applicant or provide a written
reason for denying the
application.
.
(d)Section 53104 is
amended—
(1)in subsection (c), by
striking paragraph (3); and
(2)in subsection (e), by
striking an operating agreement under this chapter is terminated under
subsection (c)(3), or if
.
(e)Section 53105 is
amended—
(1)by amending subsection
(e) to read as follows:
(e)Transfer of operating
agreementsA contractor under an operating agreement may transfer
the agreement (including all rights and obligations under the operating
agreement) to any person that is eligible to enter into the operating agreement
under this chapter if the Secretary and the Secretary of Defense determine that
the transfer is in the best interests of the United States. A transaction shall
not be considered a transfer of an operating agreement if the same legal entity
with the same vessels remains the contracting party under the operating
agreement.
;
and
(2)by amending subsection
(f) to read as follows:
(f)A contractor may replace a vessel under an operating
agreement with another vessel that is eligible to be included in the Fleet
under section 53102(b), if the Secretary, in conjunction with the Secretary of
Defense, approves the replacement of the
vessel.
.
(f)Section 53106 is
amended—
(1)in subsection (a)(1), by
striking and (C) $3,100,000 for each of fiscal years 2012 through
2025.
and inserting the following:
(C)$3,100,000 for each of
fiscal years 2012, 2013, 2014, 2015, 2016, 2017, and 2018;
(D)$3,500,000 for each of
fiscal years 2019, 2020, and 2021; and
(E)$3,700,000 for each of
fiscal years 2022, 2023, 2024, and
2025.
;
(2)in subsection (c)(3)(C),
by striking a LASH vessel.
and inserting a lighter aboard
ship vessel.
; and
(3)by striking subsection
(f).
(g)Section 53107(b)(1) is
amended to read as follows:
(1)An Emergency Preparedness Agreement under this section
shall require that a contractor for a vessel covered by an operating agreement
under this chapter shall make commercial transportation resources (including
services) available, upon request by the Secretary of Defense during a time of
war or national emergency, or whenever the Secretary of Defense determines that
it is necessary for national security or contingency operation (as that term is
defined in section 101 of title 10, United States
Code).
.
(h)Section 53109 is
repealed.
(i)Section 53111 is
amended—
(1)by striking
and
at the end of paragraph (2); and
(2)by amending paragraph (3)
to read as follows:
(3)$186,000,000 for each of
fiscal years 2012, 2013, 2014, 2015, 2016, 2017, and 2018;
(4)$210,000,000 for each of
fiscal years 2019, 2020, and 2021; and
(5)$222,000,000 for each
fiscal year thereafter through fiscal year
2025.
.
(j)Chapter 531 is amended by
adding at the end the following:
§
53112. Acquisition of fleet vessels
(a)Notwithstanding section 2218(f) of title 10, United
States Code, upon replacement of any vessel subject to an operating agreement
under this chapter, and subject to agreement by the vessel owner, the Secretary
is authorized, subject to concurrence with the Secretary of Defense, to acquire
the vessel being replaced for inclusion in the National Defense Reserve
Fleet.
(b)In
order to be eligible for acquisition by the Secretary under this section, a
vessel shall—
(1)have been included in a
Maritime Security Program Operating Agreement for not less than 3 years;
and
(2)meet recapitalization
requirements for the Ready Reserve Force.
(c)The Maritime Administration shall establish a fair market
value for the acquisition of an eligible vessel under this section.
(d)A
vessel acquisition under this section shall be subject to the availability of
appropriations and the appropriations shall be part of the National Defense
Reserve Fleet appropriations and separate from Maritime Security Program
appropriations.
.
(k)The table of contents for
chapter 531 is amended—
(1)by striking the item
relating to section 53109; and
(2)by inserting at the end
the following:
53112. Acquisition of fleet
vessels.
.
(l)Effective date of
amendmentsThe amendments made by—
(1)paragraphs (2), (3), and
(4) of section 8(a) of this Act take effect on December 31, 2014; and
(2)section 8(f)(2) of this
Act take effect on December 31, 2014.
9.
(a)The Comptroller General of the United States shall conduct
a study on the training needs of the maritime workforce.
(b)The study shall—
(1)analyze the impact of
training requirements imposed by domestic and international regulations and
conventions, companies, and government agencies that charter or operate
vessels;
(2)evaluate the ability of
the Nation's maritime training infrastructure to meet the current needs of the
maritime industry;
(3)evaluate the ability of
the Nation's maritime training infrastructure to effectively meet the needs of
the maritime industry in the future;
(4)identify trends in
maritime training;
(5)compare the training
needs of U.S. mariners with the vocational training and educational assistance
programs available from Federal agencies to evaluate the ability of Federal
programs to meet the training needs of U.S. mariners;
(6)include recommendations
for future programs to enhance the capabilities of the Nation's maritime
training infrastructure; and
(7)include recommendations
for future programs to assist U.S. mariners and those entering the maritime
profession achieve the required training.
(c)Not later than 1 year after the date of enactment of this
Act, the Comptroller General shall submit a report on the results of the study
to the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
10.Maritime administration
vessel recycling contract award practices
(a)Not later than 12 months after the date of enactment of
this Act, the Inspector General of the Department of Transportation shall
conduct an assessment of the source selection procedures and practices used to
award the Maritime Administration's National Defense Reserve Fleet vessel
recycling contracts. The Inspector General shall assess the process,
procedures, and practices used for the Maritime Administration's qualification
of vessel recycling facilities. The Inspector General shall report the findings
to the Committee on Commerce, Science, and Transportation and the Committee on
Armed Services of the Senate, and the Committee on Transportation and
Infrastructure and the Committee on Armed Services of the House of
Representatives.
(b)The
assessment under subsection (a) shall include a review of whether the Maritime
Administration's contract source selection procedures and practices are
consistent with law, the Federal Acquisition Regulations (FAR), and Federal
best practices associated with making source selection decisions.
(c)In
making the assessment under subsection (a), the Inspector General may consider
any other aspect of the Maritime Administration's vessel recycling process that
the Inspector General deems appropriate to review.
11.Prohibition on maritime
administration receipt of polar icebreakersUntil the date that is 2 years after the
date on which the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the House of
Representatives receive the polar icebreaker business case analysis under
subsection 307(f) of the Coast Guard Authorization Act of 2010 (14 U.S.C. 92
note), or until the Coast Guard has replaced the Coast Guard Cutter POLAR SEA
(WAGB 11) and the Coast Guard Cutter POLAR STAR (WAGB 10) with 2 in
commission, active
heavy polar icebreakers—
(1)the Administrator of the
Maritime Administration may not receive, maintain, dismantle, or recycle either
cutter; and
(2)the Commandant may
not—
(A)transfer or relinquish
ownership of either of the cutters;
(B)dismantle a major
component of, or recycle parts from, the POLAR SEA, unless the POLAR STAR
cannot be made to function properly without doing so;
(C)change the homeport of
either of the cutters;
(D)expend any funds—
(i)for any expenses directly
or indirectly associated with the decommissioning of either of the cutters,
including expenses for dock use or other goods and services;
(ii)for any personnel
expenses directly or indirectly associated with the decommissioning of either
of the cutters, including expenses for a decommissioning officer; or
(iii)for any expenses
associated with a decommissioning ceremony for either of the cutters;
(E)appoint a decommissioning
officer to be affiliated with either of the cutters; or
(F)place either of the
cutters in inactive status, including a status of—
(i)out of commission, in
reserve;
(ii)out of service, in
reserve; or
(iii)pending placement out
of commission.
12.Authorization of
appropriations for fiscal year 2012There are authorized to be appropriated to
the Secretary of Transportation for programs of the Maritime Administration the
following amounts:
(1)For expenses necessary for operations and training
activities, not to exceed $161,539,000 for the fiscal year ending September 30,
2012, of which—
(A)$28,885,000 is for
capital improvements at the U.S. Merchant Marine Academy, to remain available
until expended; and
(B)$11,100,000 is for
maintenance and repair for training ships at State Maritime Schools, to remain
available until expended.
(2)Maritime guaranteed
loansFor administrative expenses related to loan guarantee
commitments under chapter 537 of title 46, United States Code, not to exceed
$3,750,000, which shall be paid to the appropriation for Operations and
Training
, Maritime Administration.
(3)For disposal of non-retention vessels in the National
Defense Reserve Fleet, $18,500,000, to remain available until expended.
December 7, 2011
Reported with an amendment