[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2997 Reported in Senate (RS)]

                                                       Calendar No. 955
110th CONGRESS
  2d Session
                                S. 2997

                          [Report No. 110-457]

  To reauthorize the Maritime Administration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2008

 Mr. Lautenberg (for himself, Mr. Stevens, Mr. Smith, and Mr. Inouye) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                           September 11, 2008

                Reported by Mr. Inouye, with amendments
  [Omit the part struck through 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maritime Administration Act for 
Fiscal Year 2009''.

SEC. 2. ADJUNCT PROFESSORS AT THE MERCHANT MARINE ACADEMY.

    (a) In General.--If the Secretary of Transportation determines that 
there is a temporary need for adjunct professors at the United States 
Merchant Marine Academy, the Secretary may execute personal service 
contracts with adjunct professors to meet that need.
    (b) Limitations.--
            (1) Number.--The Secretary may not execute such contracts 
        with more than 25 individuals under subsection (a) to provide 
        service as adjunct professors during any <DELETED>trimester. 
        </DELETED>trimester of academic year 2008-2009.
        <DELETED>    (2) Contract term.--</DELETED>
                <DELETED>    (A) In general.--The Secretary may not 
                execute a contract of employment under subsection (a) 
                for a term of more than 12 months.</DELETED>
                <DELETED>    (B) Extension.--Notwithstanding 
                subparagraph (A), the Secretary may extend the term of 
                a contract under this section for a period not to 
                exceed 12 months if the Secretary finds that 
                circumstances justify such an extension.</DELETED>
<DELETED>    (c) Sunset.--The authority of the Secretary to employ 
adjunct professors at the Academy under this section shall terminate on 
December 31, 2009, except that an employment contract executed under 
this section before January 1, 2010, may remain in effect for not more 
than 6 months after December 31, 2009.</DELETED>
            (2) Contract term.--The Secretary may not execute a 
        personal service contract under subsection (a) for a term that 
        expires later than the end of academic year 2008-2009.
    (c) Sunset.--The authority of the Secretary to execute a personal 
service contract under subsection (a) shall terminate at the end of 
academic year 2008-2009.
    (d) Pre-existing Contracts.--An employment contract executed by the 
Secretary before the date of enactment of this Act for service by an 
individual as an adjunct professor at the Academy <DELETED>shall remain 
in effect for the period of time for which the services were 
contracted. </DELETED>shall be taken into account for purposes of 
subsection (b)(1) and shall remain in effect until the earlier of--
            ``(1) the end of the period of time for which the services 
        were contracted; or
            ``(2) the end of academic year 2008-2009.
    (e) Report.--If the Secretary executes one or more personal service 
contracts under subsection (a), the Secretary shall transmit a report 
to the Senate Committee on Commerce, Science, and Transportation, the 
House of Representatives Committee on Armed Services, and the 
Committees on Appropriations of both Houses specifying the specific 
need for each such contract and the duties that will be performed by 
each such adjunct professor brought under contract. The report shall be 
submitted solely by the Secretary and not by any designee on the 
Secretary's behalf.

SEC. 3. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE AT THE UNITED 
              STATES MERCHANT MARINE ACADEMY.

    (a) Required Policy.--The Secretary of Transportation shall direct 
the Superintendent of the United States Merchant Marine Academy to 
prescribe a policy on sexual harassment and sexual violence applicable 
to the cadets and other personnel of the Academy.
    (b) Matters To Be Specified in Policy.--The policy on sexual 
harassment and sexual violence prescribed under this section shall 
include--
            (1) a program to promote awareness of the incidence of 
        rape, acquaintance rape, and other sexual offenses of a 
        criminal nature that involve cadets or other Academy personnel;
            (2) procedures that a cadet should follow in the case of an 
        occurrence of sexual harassment or sexual violence, including--
                    (A) a specification of the person or persons to 
                whom an alleged occurrence of sexual harassment or 
                sexual violence should be reported by a cadet and the 
                options for confidential reporting;
                    (B) a specification of any other person whom the 
                victim should contact; and
                    (C) procedures on the preservation of evidence 
                potentially necessary for proof of criminal sexual 
                assault;
            (3) a procedure for disciplinary action in cases of alleged 
        criminal sexual assault involving a cadet or other Academy 
        personnel;
            (4) any other sanction authorized to be imposed in a 
        substantiated case of sexual harassment or sexual violence 
        involving a cadet or other Academy personnel in rape, 
        acquaintance rape, or any other criminal sexual offense, 
        whether forcible or nonforcible; and
            (5) required training on the policy for all cadets and 
        other Academy personnel, including the specific training 
        required for personnel who process allegations of sexual 
        harassment or sexual violence involving Academy personnel.
    (c) Annual Assessment.--
            (1) The Secretary shall direct the Superintendent to 
        conduct an assessment at the Academy during each Academy 
        program year, to be administered by the Department of 
        Transportation, to determine the effectiveness of the policies, 
        training, and procedures of the Academy with respect to sexual 
        harassment and sexual violence involving Academy personnel.
            (2) For the assessment at the Academy under paragraph (1) 
        with respect to an Academy program year that begins in an odd-
        numbered calendar year, the Superintendent shall conduct a 
        survey, to be administered by the Department, of Academy 
        personnel--
                    (A) to measure--
                            (i) the incidence, during that program 
                        year, of sexual harassment and sexual violence 
                        events, on or off the Academy reservation, that 
                        have been reported to officials of the Academy; 
                        and
                            (ii) the incidence, during that program 
                        year, of sexual harassment and sexual violence 
                        events, on or off the Academy reservation, that 
                        have not been reported to officials of the 
                        Academy; and
                    (B) to assess the perceptions of Academy personnel 
                of--
                            (i) the policies, training, and procedures 
                        on sexual harassment and sexual violence 
                        involving Academy personnel;
                            (ii) the enforcement of such policies;
                            (iii) the incidence of sexual harassment 
                        and sexual violence involving Academy 
                        personnel; and
                            (iv) any other issues relating to sexual 
                        harassment and sexual violence involving 
                        Academy personnel.
    (d) Annual Report.--
            (1) The Secretary shall direct the Superintendent of the 
        Academy to submit to the Secretary a report on sexual 
        harassment and sexual violence involving cadets or other 
        personnel at the Academy for each Academy program year.
            (2) Each report under paragraph (1) shall include, for the 
        Academy program year covered by the report, the following:
                    (A) The number of sexual assaults, rapes, and other 
                sexual offenses involving cadets or other Academy 
                personnel that have been reported to Academy officials 
                during the program year and, of those reported cases, 
                the number that have been substantiated.
                    (B) The policies, procedures, and processes 
                implemented by the Superintendent and the leadership of 
                the Academy in response to sexual harassment and sexual 
                violence involving cadets or other Academy personnel 
                during the program year.
                    (C) A plan for the actions that are to be taken in 
                the following Academy program year regarding prevention 
                of and response to sexual harassment and sexual 
                violence involving cadets or other Academy personnel.
            (3) Each report under paragraph (1) for an Academy program 
        year that begins in an odd-numbered calendar year shall include 
        the results of the survey conducted in that program year under 
        subsection (c)(2).
            (4)(A) The Superintendent shall transmit to the Secretary, 
        and to the Board of Visitors of the Academy, each report 
        received by the Superintendent under this subsection, together 
        with the Superintendent's comments on the report.
            (B) The Secretary shall transmit each such report, together 
        with the Secretary's comments on the report, to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure.

SEC. 4. RIDING GANG MEMBER REQUIREMENTS.

    Section 1018 of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (120 Stat. 2381) is amended--
            (1) by striking ``requirements'' and all that follows in 
        subsection (a)(1) and inserting ``requirements as provided in 
        section 8106 of title 46, United States Code.'';
            (2) by striking paragraphs (2) and (3) of subsection (a) 
        and redesignating paragraph (4) as paragraph (2);
            (3) by striking ``8106'' in paragraph (2), as redesignated, 
        of subsection (a) and inserting ``2101''; and
            (4) by striking subsection (b)(1) and inserting the 
        following:
            ``(1) In general.--Pursuant to regulations issued by the 
        Secretary of Defense, an individual--
                    ``(A) who is aboard a vessel, which is under 
                charter or contract for the carriage of cargo for the 
                Department of Defense, for purposes other than engaging 
                in the operation or maintenance of the vessel, and
                    ``(B) who--
                            ``(i) accompanies, supervises, guards, or 
                        maintains unit equipment aboard a ship, 
                        commonly referred to as supercargo personnel,
                            ``(ii) is one of the force protection 
                        personnel of the vessel,
                            ``(iii) is a specialized repair technician, 
                        or
                            ``(iv) is otherwise required by the 
                        Secretary of Defense to be aboard the vessel,
        shall not be deemed a riding gang member for purposes of title 
        46, United States Code.''.

SEC. 5. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME COMMUNITIES.

    (a) In General.--Title 46, United States Code, is amended by 
inserting the following new chapter after chapter 539:

                      ``CHAPTER 541--MISCELLANEOUS

``Sec.
``54101. Assistance for small shipyards and maritime communities
``54101. Assistance for small shipyards and maritime communities
    ``(a) Establishment of Program.--Subject to the availability of 
appropriations, the Administrator of the Maritime Administration shall 
execute agreements with shipyards to provide assistance--
            ``(1) in the form of grants, loans, and loan guarantees to 
        small shipyards for capital improvements; and
            ``(2) for maritime training programs to foster technical 
        skills and operational productivity in communities whose 
        economies are related to or dependent upon the maritime 
        industry.
    ``(b) Awards.--In providing assistance under the program, the 
Administrator shall--
            ``(1) take into account--
                    ``(A) the economic circumstances and conditions of 
                maritime communities;
                    ``(B) projects that would be effective in fostering 
                efficiency, competitive operations, and quality ship 
                construction, repair, and reconfiguration; and
                    ``(C) projects that would be effective in fostering 
                employee skills and enhancing productivity; and
            ``(2) make grants within 120 days after the date of 
        enactment of the appropriations Act for the fiscal year 
        concerned.
    ``(c) Use of Funds.--
            ``(1) In general.--Assistance provided under this section 
        may be used--
                    ``(A) to make capital and related improvements in 
                small shipyards located in or near maritime 
                communities;
                    ``(B) to provide training for workers in 
                communities whose economies are related to the maritime 
                industry; and
                    ``(C) for such other purposes as the Administrator 
                determines to be consistent with and supplemental to 
                such activities.
            ``(2) Administrative costs.--Not more than 2 percent of 
        amounts made available to carry out the program may be used for 
        the necessary costs of grant administration.
    ``(d) Prohibited Uses.--Grants awarded under this section may not 
be used to construct buildings or other physical facilities or to 
acquire land unless such use is specifically approved by the 
Administrator in support of subsection (c)(1)(C).
    ``(e) Matching Requirements; Allocation.--
            ``(1) Federal funding.--Except as provided in paragraph 
        (2), Federal funds for any eligible project under this section 
        shall not exceed 75 percent of the total cost of such project.
            ``(2) Exception.--If the Administrator determines that a 
        proposed project merits support and cannot be undertaken 
        without a higher percentage of Federal financial assistance, 
        the Administrator may award a grant for such project with a 
        lesser matching requirement than is described in paragraph (1).
            ``(3) Allocation of funds.--The Administrator may not award 
        more than 25 percent of the funds appropriated to carry out 
        this section for any fiscal year to any small shipyard in one 
        geographic location that has more than 600 employees.
    ``(f) Applications.--
            ``(1) In general.--To be eligible for assistance under this 
        section, an applicant shall submit an application, in such 
        form, and containing such information and assurances as the 
        Administrator may require, within 60 days after the date of 
        enactment of the appropriations Act for the fiscal year 
        concerned.
            ``(2) Minimum standards for payment or reimbursement.--Each 
        application submitted under paragraph (1) shall include--
                    ``(A) a comprehensive description of--
                            ``(i) the need for the project;
                            ``(ii) the methodology for implementing the 
                        project; and
                            ``(iii) any existing programs or 
                        arrangements that can be used to supplement or 
                        leverage assistance under the program.
            ``(3) Procedural safeguards.--The Administrator, in 
        consultation with the Office of the Inspector General, shall 
        issue guidelines to establish appropriate accounting, 
        reporting, and review procedures to ensure that--
                    ``(A) grant funds are used for the purposes for 
                which they were made available;
                    ``(B) grantees have properly accounted for all 
                expenditures of grant funds; and
                    ``(C) grant funds not used for such purposes and 
                amounts not obligated or expended are returned.
            ``(4) Project approval required.--The Administrator may not 
        award a grant under this section unless the Administrator 
        determines that--
                    ``(A) sufficient funding is available to meet the 
                matching requirements of subsection (e);
                    ``(B) the project will be completed without 
                unreasonable delay; and
                    ``(C) the recipient has authority to carry out the 
                proposed project.
    ``(g) Audits and Examinations.--All grantees under this section 
shall maintain such records as the Administrator may require and make 
such records available for review and audit by the Administrator.
    ``(h) Small Shipyard Defined.--In this section, the term `small 
shipyard' means a shipyard facility in one geographic location that 
does not have more than 1,200 employees.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator of the Maritime Administration for 
each of fiscal years 2006 through 2010 to carry out this section--
            ``(1) $5,000,000 for training grants; and
            ``(2) $25,000,000 for capital and related improvements.''.
    (b) Conforming Amendment.--Section 3506 of the National Defense 
Authorization Act for Fiscal Year 2006 (46 U.S.C. 53101 note) is 
repealed.

SEC. 6. STUDENT INCENTIVE PAYMENT PROGRAM.

    Section 51509 of title 46, United States Code, is amended--
            (1) by striking ``to the individual.'' in subsection (a) 
        and inserting ``to the individual or the academy, as determined 
        by the Secretary.'';
            (1) by striking ``$4,000'' and inserting ``$8,000'';
            (2) by striking ``as prescribed by the Secretary, while the 
        individual is attending the academy.'' in subsection (b) and 
        inserting ``subject to such conditions as may be prescribed by 
        the Secretary.'';
            (3) by inserting ``tuition,'' in subsection (b) after 
        ``uniforms,''; and
            (4) by striking subsection (c) and inserting the following:
    ``(c) Midshipman and enlisted reserve status.--Each agreement 
entered into under this section shall require the individual to accept 
midshipman and enlisted reserve status in the United States Navy 
Reserve (including the Merchant Marine Reserve) or the United States 
Coast Guard Reserve before any payments are made under the 
agreement.''.

SEC. 7. MARINE WAR RISK INSURANCE.

    Section 53912 of title 46, United States Code, is amended by 
striking ``December 31, 2010.'' and inserting ``December 31, 2015.''.

SEC. 8. MARAD CONSULTATION ON JONES ACT WAIVERS.

    Section 501(b) of title 46, United States Code, is amended to read 
as follows:
    ``(b) By Head of Agency.--When the head of an agency responsible 
for the administration of the navigation or vessel-inspection laws 
considers it necessary in the interest of national defense, the 
individual, following a determination by the Maritime Administrator, 
acting in the Administrator's capacity as Director, National Shipping 
Authority, of the non-availability of qualified United States flag 
capacity to meet national defense requirements, may waive compliance 
with those laws to the extent, in the manner, and on the terms the 
individual, in consultation with the Administrator, acting in that 
capacity, prescribes.''.

SEC. 9. VESSEL TRAFFIC RISK ASSESSMENTS.

    (a) Requirement.--The Commandant of the Coast guard, acting through 
the appropriate Area Committee established under section 311(j)(4) of 
the Federal Water Pollution Control Act, shall prepare a vessel traffic 
risk assessment--
            (1) for Cook Inlet, Alaska, within 1 year after the date of 
        enactment of this Act; and
            (2) for the Aleutian Islands, Alaska, within 2 years after 
        the date of enactment of this Act.
    (b) Contents.--Each of the assessments shall describe, for the 
region covered by the assessment--
            (1) the amount and character of present and estimated 
        future shipping traffic in the region; and
            (2) the current and projected use and effectiveness in 
        reducing risk, of--
                    (A) traffic separation schemes and routing 
                measures;
                    (B) long-range vessel tracking systems developed 
                under section 70115 of title 46, United States Code;
                    (C) towing, response, or escort tugs;
                    (D) vessel traffic services;
                    (E) emergency towing packages on vessels;
                    (F) increased spill response equipment including 
                equipment appropriate for severe weather and sea 
                conditions;
                    (G) the Automatic Identification System developed 
                under section 70114 of title 46, United States Code;
                    (H) particularly sensitive sea areas, areas to be 
                avoided, and other traffic exclusion zones;
                    (i) aids to navigation; and
                    (J) vessel response plans.
    (c) Recommendations.--
            (1) In general.--Each of the assessments shall include any 
        appropriate recommendations to enhance the safety and security, 
        or lessen potential adverse environmental impacts, of marine 
        shipping.
            (2) Consultation.--Before making any recommendations under 
        paragraph (1) for a region, the Area Committee shall consult 
        with affected local, State, and Federal government agencies, 
        representatives of the fishing industry, Alaska Natives from 
        the region, the conservation community, and the merchant 
        shipping and oil transportation industries.
    (d) Provision to Congress.--The Commandant shall provide a copy of 
each assessment to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commandant $1,800,000 for each of fiscal years 2008 
and 2009 to conduct the assessments.

SEC. 10. SMALL VESSEL EXCEPTION FROM DEFINITION OF FISH PROCESSING 
              VESSEL.

    Section 2101(11b) of title 46, United States Code, is amended by 
striking ``chilling.'' and inserting ``chilling, but does not include a 
fishing vessel operating in Alaskan waters under a permit or license 
issued by Alaska that--
            ``(A) fillets only salmon taken by that vessel;
            ``(B) fillets less than 5 metric tons of such salmon during 
        any 7-day period.''.

SEC. 11. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT PERSONNEL AND 
              CERTAIN CARGOES.

    (a) In General.--Section 55305(b) of title 46, United States Code, 
is amended--
            (1) by striking ``country'' and inserting ``country, 
        organization, or persons'';
            (2) by inserting ``or obtaining'' after ``furnishing''; and
            (3) by striking ``commodities,'' the first place it appears 
        and inserting ``commodities, or provides financing in any way 
        with Federal funds for the account of any persons unless 
        otherwise exempted,''.
    (b) Other Agencies.--Section 55305(d) of title 46, United States 
Code, is amended to read as follows:
    ``(d) Programs of Other Agencies.--
            ``(1) Each department or agency that has responsibility for 
        a program under this section shall administer that program with 
        respect to this section under regulations and guidance issued 
        by the Secretary of Transportation. The Secretary, after 
        consulting with the department or agency or organization or 
        person involved, shall have the sole responsibility for 
        determining if a program is subject to the requirements of this 
        section.
            ``(2) The Secretary--
                    ``(A) shall conduct an annual review of the 
                administration of programs determined pursuant to 
                paragraph (1) as subject to the requirements of this 
                section;
                    ``(B) may direct agencies to require the 
                transportation on United States-flagged vessels of 
                cargo shipments not otherwise subject to this section 
                in equivalent amounts to cargo determined to have been 
                shipped on foreign carriers in violation of this 
                section;
                    ``(C) may impose on any person that violates this 
                section, or a regulation prescribed under this section, 
                a civil penalty of not more than $25,000 for each 
                violation willfully and knowingly committed, with each 
                day of a continuing violation following the date of 
                shipment to be a separate violation; and
                    ``(D) may take other measures as appropriate under 
                the Federal Acquisition Regulations issued pursuant to 
                section 25(c)(1) of the Office of Federal Procurement 
                Policy Act (41 U.S.C. 421(c)(1) or contract with 
                respect to each violation.''.
    (c) Regulations.--The Secretary of Transportation shall prescribe 
such rules as are necessary to carry out section 55305(d) of title 46, 
United States Code. The Secretary may prescribe interim rules necessary 
to carry out section 55305(d) of such title. An interim rule prescribed 
under this subsection shall remain in effect until superseded by a 
final rule.
    (d) Change of Year.--Section 55314(a) of title 46, United States 
Code, is amended by striking ``calendar'' each place it appears and 
inserting ``fiscal''.

SEC. 12. EXCLUSION OF CERTAIN EMPLOYEE BENEFITS FOR INDIVIDUALS IN THE 
              RECREATIONAL MARINE INDUSTRY.

    Subparagraph (F) of section 2(3) of the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 902(3)) is amended to read as 
follows:
                    ``(F) individuals who--
                            ``(i) are employed to manufacture any 
                        recreational vessel under 165 feet in length; 
                        or
                            ``(ii) are employed to repair any 
                        recreational vessel or to dismantle any part of 
                        any recreational vessel in connection with 
                        repair of the vessel;''.

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
              2009.</DELETED>

SEC. 13. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Transportation, for the use of the Maritime 
Administration, for fiscal year 2009 the following amounts:
            (1) For expenses necessary for operations and training 
        activities, $142,803,000, of which--
                    (A) $79,858,000 shall remain available until 
                expended for expenses at the United States Merchant 
                Marine Academy, of which $26,640,000 shall be available 
                for the capital improvement program; and
                    (B) $10,987,000 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, $18,000,000.
            (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. 955

110th CONGRESS

  2d Session

                                S. 2997

                          [Report No. 110-457]

_______________________________________________________________________

                                 A BILL

  To reauthorize the Maritime Administration, and for other purposes.

_______________________________________________________________________

                           September 11, 2008

                        Reported with amendments