legislation: 101-s-2773
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| 101-s-2773 | 101 | s | 2773 | Merchant Marine Revitalization Act of 1990 | Transportation and Public Works | 1990-06-21 | 1990-06-21 | Read twice and referred to the Committee on Commerce. | Senate | Sen. Breaux, John B. [D-LA] | LA | D | B000780 | 1 | Merchant Marine Revitalization Act of 1990 - Amends the Merchant Marine Act, 1936 to modify the authority and responsibility of the Secretary of Transportation with regard to investigating, determining, and keeping certain records concerning sailings and types of vessels. Requires that ocean services, routes, and lines determined essential on the date of enactment of this Act continue to be determined essential. Deems, for purposes of operating-differential subsidies (ODSs), vessel operations between and among foreign ports on the essential ocean services, routes, and lines to be vessel operations on such services, routes, and lines. Revises the requirements for ODS application approval, provisions regulating the amount of ODS payments, and the types of costs and services which may be subsidized. Sets forth special rules regarding bulk cargo carrying service. Regulates ODS payments for voyages involving coastwise or intercoastal trade and stopping at a port in the State of Hawaii. Extends the period of subsidizable life of vessels meeting certain requirements in specified circumstances. Prohibits payments for an essential bulk cargo carrying service (currently, an essential service) where service already exists, unless the existing service is inadequate. Sets forth requirements regarding the sale, assignment, or transfer, in whole or in part, of an ODS contract entered into under certain provisions added by this Act. Adds references to bulk cargo carrying service to provisions setting forth subsidy eligibility requirements. Adds to the Merchant Marine Act, 1936 provisions authorizing and directing the Secretary to enter into ODS contracts with applicants meeting specified requirements. Provides for the amount of payments, including setting a maximum number of vessel days for which payment may be made. Allows any existing or future vessel that meets certain requirements, whenever or wherever built or rebuilt, to be operated under an ODS contract. Deems any such vessel, subject to exception, to have been U.S. built for purposes of ODS provisions. Prohibits, subject to the maximum number of vessel days: (1) requiring that service be performed on a particular ocean service, route, or line; and (2) limiting the number of sailings. Terminates such contracts 20 years after enactment of these provisions, subject to renewal. Allows a party with an ODS contract in existence at the enactment of these provisions to amend the contract to conform to these provisions, deeming the amended contract equivalent to a new one under these provisions. Allows only one contract of a given party to be so amended and terminates all other contracts of that party upon amendment. Declares that: (1) the contracts constitute binding legal obligations of the United States; and (2) the contracts, the authority of the Secretary to enter into contracts, and the entitlement of a U.S. citizen to enter into the contracts are not conditioned or limited by receiving budget authority in advance in an appropriations Act, or by the extent to which amounts to liquidate the obligations are provided in an appropriations Act. Provides for the sale, assignment, or transfer of a contract entered into under these provisions. Requires the Secretary to render a decision within 90 days on an application for a waiver of provisions prohibiting ODS recipients from operating competing foreign-flag vessels. Describes activities of an ODS contractor to which that prohibition does not apply. Limits the authority of the Secretary to authorize or condition certain ocean transportation service performed by an ODS contractor under the provisions added by this Act, or an associated renewal. Deems unconditional permission and authority to have been granted by the Secretary to such a contractor for specified types of vessel operations. Requires that ODS contracts with respect to bulk cargo carrying service be entered into so as to equitably serve the foreign trade requirements of U.S. Atlantic, Gulf, Great Lakes, and Pacific ports. (Current law contains the same requirement but without reference to bulk cargo carrying service.) Removes provisions deeming, in certain circumstances and for specified purposes, alternate routing via a different range of ports during the seasonal closure of the St. Lawrence Seaway to be service from Great Lakes ports. Declares that certain cargo preference provisions are inapplicable to vessels that are operated in ocean common carrier service within the meaning of specified provisions of the Shipping Act of 1984 on the ocean services, routes, and lines described in certain provisions. Modifies the definition of "vessel," in provisions relating to Federal ship mortgage insurance, to include vessels wherever built. Authorizes and directs the Secretary to lend up to a specified sum to an ODS contractor meeting certain requirements to be used for the construction and/or charter of a new vessel or vessels. Requires the loan to be repaid after a term of 20 years without interest. Sets forth other requirements. | 2025-08-26T17:24:27Z |