Home > 106th Congressional Bills > S. 2487 (is) To authorize appropriations for Fiscal Year 2001 for certain maritime programs of the Department of Transportation. [Introduced in Senate] ...S. 2487 (is) To authorize appropriations for Fiscal Year 2001 for certain maritime programs of the Department of Transportation. [Introduced in Senate] ...
106th CONGRESS
2d Session
S. 2487
_______________________________________________________________________
AN ACT
To authorize appropriations for Fiscal Year 2001 for certain maritime
programs of the Department of Transportation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Administration
Authorization Act for Fiscal Year 2001''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001.
Funds are hereby authorized to be appropriated, as Appropriations
Acts may provide, for the use of the Department of Transportation for
the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, not to exceed $80,240,000 for the fiscal year
ending September 30, 2001.
(2) For the costs, as defined in section 502 of the Federal
Credit Reform Act of 1990, of guaranteed loans authorized by
title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271
et seq.), $50,000,000, to be available until expended. In
addition, for administrative expenses related to loan guarantee
commitments under title XI of that Act, $4,179,000.
SEC. 3. AMENDMENTS TO TITLE IX OF THE MERCHANT MARINE ACT, 1936.
(a) Title IX of the Merchant Marine Act, 1936 (46 U.S.C. App. 101
et seq.) is amended by adding at the end thereof the following:
``SEC. 910. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS.
``(a) In General.--The restrictions of section 901(b)(1) of this
Act concerning a vessel built in a foreign country shall not apply to a
newly constructed drybulk or breakbulk vessel over 7,500 deadweight
tons that has been delivered from a foreign shipyard or contracted for
construction in a foreign shipyard before the earlier of--
``(1) the date that is 1 year after the date of enactment
of the Maritime Administration Authorization Act for Fiscal
Year 2001; or
``(2) the effective date of the OECD Shipbuilding Trade
Agreement Act.
``(b) Compliance With Certain U.S.-Build Requirements.--A vessel
timely contracted for or delivered pursuant to this section and
documented under the laws of the United States shall be deemed to have
been United-States built for purposes of sections 901(b) and 901b of
this Act if--
``(1) following delivery by a foreign shipyard, the vessel
has any additional shipyard work necessary to receive its
initial Coast Guard certificate of inspection performed in a
United States shipyard;
``(2) the vessel is not documented in another country
before being documented under the laws of the United States;
``(3) the vessel complies with the same inspection
standards set forth for ocean common carriers in section 1137
of the Coast Guard Authorization Act of 1996 (46 U.S.C. App.
1187 note); and
``(4) actual delivery of a vessel contracted for
construction takes place on or before the 3-year anniversary of
the date of the contract to construct the vessel.
``(c) Section 12106(e) of Title 46.--Section 12106(e) of title 46,
United States Code, shall not apply to a vessel built pursuant to this
section.''.
(b) Conforming Calendar Year to Federal Fiscal Year for Section
901b Purposes.--Section 901b(c)(2) of the Merchant Marine Act, 1936 (46
U.S.C App. 1241f(c)(2)) is amended by striking ``1986.'' and inserting
``1986, the 18-month period commencing April 1, 2000, and the 12-month
period beginning on the first day of October in the year 2001 and each
year thereafter.''.
SEC. 4. SCRAPPING OF CERTAIN VESSELS.
(a) International Environmental Scrapping Standard.--The Secretary
of State in coordination with the Secretary of Transportation shall
initiate discussions in all appropriate international forums in order
to establish an international standard for the scrapping of vessels in
a safe and environmentally sound manner.
(b) Scrapping of Obsolete National Defense Reserve Fleet Vessels.--
(1) Development of a ship scrapping program.--The Secretary
of Transportation, in consultation with the Secretary of the
Navy, the Administrator of the Environmental Protection Agency,
the Assistant Secretary for Occupational Safety and Health, and
the Secretary of State, shall develop a program within 9 months
after the date of enactment of this Act for the scrapping of
obsolete National Defense Reserve Fleet Vessels and report to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Armed Services.
(A) Content.--The report shall include information
concerning the initial determination of scrapping
capacity, both domestically and abroad, development of
appropriate regulations, funding and staffing
requirements, milestone dates for the disposal of each
obsolete vessel, and long term cost estimates for the
ship scrapping program.
(B) Alternatives.--In developing the program the
Secretary of Transportation, in consultation with the
Secretary of the Navy, the Administrator of the
Environmental Protection Agency, and the Secretary of
State shall consider all alternatives and available
information including--
(i) alternative scrapping sites;
(ii) vessel donations;
(iii) sinking of vessels in deep water;
(iv) sinking vessels for development of
artificial reefs;
(v) sales of vessels before they become
obsolete;
(vi) results from the Navy Pilot Scrapping
Program under section 8124 of the Department of
Defense Appropriations Act, 1999; and
(vii) the Report of the Department of
Defense's Interagency Panel on Ship Scrapping
issued in April, 1998.
(2) Selection of scrapping facilities.--Notwithstanding the
provisions of the Toxic Substances Control Act (15 U.S.C. 2605
et seq.), a ship scrapping program shall be accomplished
through qualified scrapping facilities whether located in the
United States or abroad. Scrapping facilities shall be selected
on a best value basis taking into consideration, among other
things, the facilities's ability to scrap vessels--
(A) economically;
(B) in a safe and timely manner;
(C) with minimal impact on the environment;
(D) with proper respect for worker safety; and
(E) by minimizing the geographic distance that a
vessel must be towed when such a vessel poses a serious
threat to the environment.
(3) Amendment of national maritime heritage act.--Section
6(c)(1) of the National Maritime Heritage Act of 1994 (16
U.S.C. 5405(c)(1)) is amended--
(A) by striking ``2001'' in subparagraph (A) and
inserting ``2006''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) in the most cost effective manner to the United
States taking into account the need for disposal, the
environment, and safety concerns; and''.
(4) Funding for scrapping.--Section 2218(c)(1)(E) of title
10, United States Code, is amended by inserting ``and scrapping
the vessels of'' after ``maintaining''.
(c) Limitation on Scrapping Before Program.--Until the report
required by subsection (b)(1) is transmitted to the Congress, the
Secretary may not proceed with the scrapping of any vessels in the
National Defense Reserve Fleet except the following:
(1) EXPORT CHALLENGER.
(2) EXPORT COMMERCE.
(3) BUILDER.
(4) ALBERT E. WATTS.
(5) WAYNE VICTORY.
(6) MORMACDAWN.
(7) MORMACMOON.
(8) SANTA ELENA.
(9) SANTA ISABEL.
(10) SANTA CRUZ.
(11) PROTECTOR.
(12) LAUDERDALE.
(13) PVT. FRED C. MURPHY.
(14) BEAUJOLAIS.
(15) MEACHAM.
(16) NEACO.
(17) WABASH.
(18) NEMASKET.
(19) MIRFAK.
(20) GEN. ALEX M. PATCH.
(21) ARTHUR M. HUDDELL.
(22) WASHINGTON.
(23) SUFFOLK COUNTY.
(24) CRANDALL.
(25) CRILLEY.
(26) RIGEL.
(27) VEGA.
(28) COMPASS ISLAND.
(29) DONNER.
(30) PRESERVER.
(31) MARINE FIDDLER.
(32) WOOD COUNTY.
(33) CATAWBA VICTORY.
(34) GEN. NELSON M. WALKER.
(35) LORAIN COUNTY.
(36) LYNCH.
(37) MISSION SANTA YNEZ.
(38) CALOOSAHATCHEE.
(39) CANISTEO.
(d) Biannual Report.--Beginning 1 year after the date of enactment
of this Act, the Secretary of Transportation in coordination with the
Secretary of the Navy shall report to Congress biannually on the
progress of the ship scrapping program developed under subsection
(b)(1) and on the progress of any other scrapping of obsolete
government-owned vessels.
SEC. 5. REPORTING OF ADMINISTERED AND OVERSIGHT FUNDS.
The Maritime Administration, in its annual report to the Congress
under section 208 of the Merchant Marine Act, 1936 (46 U.S.C. App.
1118), and in its annual budget estimate submitted to the Congress,
shall state separately the amount, source, intended use, and nature of
any funds (other than funds appropriated to the Administration or to
the Secretary of Transportation for use by the Administration)
administered, or subject to oversight, by the Administration.
SEC. 6. MARITIME INTERMODAL RESEARCH.
Section 8 of Public Law 101-115 (46 U.S.C. App. 1121-2) is amended
by adding at the end thereof the following:
``(f) University Transportation Research Funds.--
``(1) In general.--The Secretary may make a grant under
section 5505 of title 49, United States Code, to an institute
designated under subsection (a) for maritime and maritime
intermodal research under that section as if the institute were
a university transportation center.
``(2) Advice and consultation of marad.--In making a grant
under the authority of paragraph (1), the Secretary, through
the Research and Special Programs Administration, shall advise
the Maritime Administration concerning the availability of
funds for the grants, and consult with the Administration on
the making of the grants.''.
SEC. 7. MARITIME RESEARCH AND TECHNOLOGY DEVELOPMENT.
(a) In General.--The Secretary of Transportation shall conduct a
study of maritime research and technology development, and report its
findings and conclusions, together with any recommendations it finds
appropriate, to the Congress within 9 months after the date of
enactment of this Act.
(b) Required Areas of Study.--The Secretary shall include the
following items in the report required by subsection (a):
(1) The approximate dollar values appropriated by the
Congress for each of the 5 fiscal years ending before the study
is commenced for each of the following modes of transportation:
(A) Highway.
(B) Rail.
(C) Aviation.
(D) Public transit.
(E) Maritime.
(2) A description of how Federal funds appropriated for
research in the different transportation modes are utilized.
(3) A summary and description of current research and
technology development funds appropriated for each of those
fiscal years for maritime research initiatives, with separate
categories for funds provided to the Coast Guard for marine
safety research purposes.
(4) A description of cooperative mechanisms that could be
used to attract and leverage non-federal investments in United
States maritime research and technology development and
application programs, including the potential for the creation
of maritime transportation research centers and the benefits of
cooperating with existing surface transportation research
centers.
(5) Proposals for research and technology development
funding to facilitate the evolution of Maritime Transportation
System.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $100,000 to carry out this section.
SEC. 8. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL,
GLACIER.
(a) Authority to Convey.--Notwithstanding any other law, the
Secretary of Transportation may, subject to subsection (b), convey all
right, title, and interest of the United States Government in and to
the vessel in the National Defense Reserve Fleet that was formerly the
U.S.S. GLACIER (United States official number AGB-4) to the Glacier
Society, Inc., a corporation established under the laws of the State of
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