[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2717 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2717

   To reauthorize provisions relating to the Maritime Administration.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2018

  Mrs. Fischer (for herself and Mr. Peters) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To reauthorize provisions relating to the Maritime Administration.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Maritime 
Authorization and Enhancement Act for Fiscal Year 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of the Maritime Administration.
Sec. 3. Concurrent jurisdiction.
Sec. 4. United States Merchant Marine Academy policy on sexual 
                            harassment, dating violence, domestic 
                            violence, sexual assault, and stalking.
Sec. 5. Report on implementation of recommendations for the United 
                            States Merchant Marine Academy Sexual 
                            Assault Prevention and Response Program.
Sec. 6. Electronic records on mariner availability to meet national 
                            security needs.
Sec. 7. Small shipyard grants.
Sec. 8. Domestic ship recycling facilities.
Sec. 9. Sea year on contracted vessels.
Sec. 10. GAO report on national maritime strategy.
Sec. 11. Department of Transportation Inspector General report on title 
                            XI program.
Sec. 12. Multi-year contracts.
Sec. 13. Use of State academy training vessels.
Sec. 14. Permanent authority of Secretary of Transportation to issue 
                            vessel war risk insurance.
Sec. 15. Navigation system study and report.
Sec. 16. Miscellaneous.

SEC. 2. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Transportation for fiscal year 2019, 
to be available without fiscal year limitation if so provided in 
appropriations Acts, the following amounts for programs associated with 
maintaining the United States merchant marine:
            (1) For expenses necessary for operations of the United 
        States Merchant Marine Academy, $69,000,000 for Academy 
        operations.
            (2) For expenses necessary to support the State maritime 
        academies, $32,200,000, of which--
                    (A) $2,400,000 shall remain available until 
                September 30, 2019, for the Student Incentive Program;
                    (B) $6,000,000 shall remain available until 
                expended for direct payments to such academies;
                    (C) $22,000,000 shall remain available until 
                expended for maintenance and repair of State maritime 
                academy training vessels; and
                    (D) $1,800,000 shall remain available until 
                expended for training ship fuel assistance.
            (3) For expenses necessary to support the National Security 
        Multi-Mission Vessel Program, $300,000,000, which shall remain 
        available until expended.
            (4) For expenses necessary to support Maritime 
        Administration operations and programs, $60,442,000.
            (5) For expenses necessary to dispose of vessels in the 
        National Defense Reserve Fleet, $6,000,000, which shall remain 
        available until expended.
            (6) For expenses necessary to maintain and preserve a 
        United States flag merchant marine to serve the national 
        security needs of the United States under chapter 531 of title 
        46, United States Code, $300,000,000.
            (7) For expenses necessary for the loan guarantee program 
        authorized under chapter 537 of title 46, United States Code, 
        $33,000,000, of which--
                    (A) $30,000,000 may be used 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; and
                    (B) $3,000,000 may be used for administrative 
                expenses relating to loan guarantee commitments under 
                the program.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Maritime Administrator shall submit a report 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives on the status of unexpended appropriations for capital 
asset management at the United States Merchant Marine Academy, and the 
plan for expending such appropriations.

SEC. 3. CONCURRENT JURISDICTION.

    Notwithstanding any other law, the Secretary of Transportation may 
relinquish, at the Secretary's discretion, to the State of New York, 
such measure of legislative jurisdiction over the lands constituting 
the United States Merchant Marine Academy in King's Point, New York, as 
is necessary to establish concurrent jurisdiction between the Federal 
Government and the State of New York. Such partial relinquishment of 
legislative jurisdiction shall be accomplished--
            (1) by filing with the Governor of New York a notice of 
        relinquishment to take effect upon acceptance thereof; or
            (2) as the laws of that State may provide.

SEC. 4. UNITED STATES MERCHANT MARINE ACADEMY POLICY ON SEXUAL 
              HARASSMENT, DATING VIOLENCE, DOMESTIC VIOLENCE, SEXUAL 
              ASSAULT, AND STALKING.

    (a) Policy on Sexual Harassment, Dating Violence, Domestic 
Violence, Sexual Assault, and Stalking.--Section 51318 of title 46, 
United States Code, is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A), by inserting ``and 
                prevention'' after ``awareness'';
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C), and subparagraphs (C) through (F) as 
                subparagraphs (E) through (H), respectively;
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) procedures for documenting, tracking, and 
                maintaining the data required to conduct the annual 
                assessments to determine the effectiveness of the 
                policies, procedures, and training program of the 
                Academy with respect to sexual harassment, dating 
                violence, domestic violence, sexual assault, and 
                stalking involving cadets or other Academy personnel, 
                as required by subsection (c);''; and
                    (D) by inserting after subparagraph (C), as 
                redesignated by subparagraph (B), the following:
                    ``(D) procedures for investigating sexual 
                harassment, dating violence, domestic violence, sexual 
                assault, or stalking involving a cadet or other Academy 
                personnel to determine whether disciplinary action is 
                necessary;'';
            (2) in subsection (b)(2)(A), by inserting ``and other 
        Academy personnel'' after ``cadets at the Academy''; and
            (3) in subsection (d)--
                    (A) in paragraph (2)(A) by inserting ``, including 
                sexual harassment,'' after ``sexual assaults, rapes, 
                and other sexual offenses''; and
                    (B) in paragraph (4)(B), by striking ``The 
                Secretary'' and inserting ``Not later than January 15 
                of each year, the Secretary''.
    (b) Implementation.--The Superintendent of the United States 
Merchant Marine Academy may implement the amendment to subsection 
(b)(2)(A) of section 51318 of title 46, United States Code, made by 
subsection (a)(2), by updating an existing plan issued pursuant to the 
National Defense Authorization Act for Fiscal Year 2018 (Public Law 
115-91).

SEC. 5. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS FOR THE UNITED 
              STATES MERCHANT MARINE ACADEMY SEXUAL ASSAULT PREVENTION 
              AND RESPONSE PROGRAM.

    Not later than December 31, 2018, the Maritime Administrator shall 
submit to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives a report describing the progress of the 
Maritime Administration in implementing and closing each of the 
recommendations made in the Office of Inspector General's Report issued 
March 28, 2018 (ST-2018-039) identifying gaps in the United States 
Merchant Marine Academy's Sexual Assault Prevention and Response 
Program.

SEC. 6. ELECTRONIC RECORDS ON MARINER AVAILABILITY TO MEET NATIONAL 
              SECURITY NEEDS.

    Section 7502 of title 46, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) The Secretary shall coordinate with the Secretary of 
Transportation to ensure that, to the extent feasible, electronic 
records provide information on mariner availability to meet national 
security needs for mariner credentialing and strategic sealift.''.

SEC. 7. SMALL SHIPYARD GRANTS.

    Section 54101(b) of title 46, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Timing of grant notice.--The Administrator shall post 
        a Notice of Funding Opportunity regarding grants awarded under 
        this section not more than 15 days after the date of enactment 
        of the appropriations Act for the fiscal year concerned.''; and
            (3) in paragraph (4), as redesignated by paragraph (1), by 
        striking ``paragraph (2)'' and inserting ``paragraph (3)''.

SEC. 8. DOMESTIC SHIP RECYCLING FACILITIES.

    Section 3502 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (Public Law 106-398; 54 U.S.C. 308704 note) is 
amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Scrapping of Imported Vessels.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, domestic ship scrapping facilities selected by the 
        Secretary of Transportation in accordance with subsection (b) 
        may import into the United States, for the purpose of 
        dismantling, marine vessels that contain regulated levels of 
        polychlorinated biphenyls that are integral to a vessel's 
        structure, equipment, or systems necessary for its operation.
            ``(2) No tsca prior authorization required.--In lieu of the 
        rulemaking by the Administrator of the Environmental Protection 
        Agency under section 6(e) of the Toxic Substances Control Act 
        (15 U.S.C. 2605(e)), imports of vessels containing regulated 
        levels of polychlorinated biphenyls shall be subject to prior 
        notification and consent in accordance with this subsection.
            ``(3) Notification.--
                    ``(A) Contents.--An importer of 1 or more vessels 
                containing regulated levels of polychlorinated 
                biphenyls shall submit a notification to the 
                Environmental Protection Agency not less than 75 days 
                before a vessel is imported into the United States 
                under this subsection. The import notification may 
                cover up to one year of shipments of vessels containing 
                regulated levels of polychlorinated biphenyls being 
                sent to the same ship scrapping facility, and shall 
                contain, at a minimum, the following items:
                            ``(i) The name, contact name, address, 
                        telephone number, email address, and EPA 
                        Identification Number (if applicable) of the 
                        ship scrapping facility and the recognized 
                        trader, if the ship scrapping facility is not 
                        the importer.
                            ``(ii) The name, contact name, address, 
                        telephone number, email address, and EPA 
                        Identification Number (if applicable) of each 
                        facility where polychlorinated biphenyls or 
                        hazardous materials contained on a vessel will 
                        be stored and disposed of, including any 
                        polychlorinated biphenyls storage or disposal 
                        facility approved under the Toxic Substances 
                        Control Act (15 U.S.C. 2601 et seq.).
                            ``(iii) The types of polychlorinated 
                        biphenyls or polychlorinated biphenyls items 
                        expected to be removed from the vessels.
                            ``(iv) The number of vessels proposed for 
                        import and maximum tonnage.
                            ``(v) The period of time covered by the 
                        import notice (not to exceed one year) and the 
                        start and end dates of shipment.
                    ``(B) Form.--Each notice under this paragraph shall 
                be clearly marked `PCB Waste Import Notice' and shall 
                be submitted to the Environmental Protection Agency in 
                such form and manner as the Environmental Protection 
                Agency may require.
                    ``(C) Revised notification.--If an importer wishes 
                to change any of the information specified on the 
                original notification, the importer must submit a 
                revised notification, containing notification of the 
                changes, to the Environmental Protection Agency.
            ``(4) Consent.--
                    ``(A) In general.--An importer shall not import 
                vessels containing regulated levels of polychlorinated 
                biphenyls until the importer has received consent from 
                the Administrator of the Environmental Protection 
                Agency.
                    ``(B) Terms.--Importers shall only import vessels 
                under the terms of the consent issued by the 
                Administrator of the Environmental Protection Agency 
                under this paragraph and subject to the condition that 
                the facility shall establish a valid written contract, 
                chain of contracts, or equivalent arrangements with 
                other United States facilities, where applicable, to 
                manage the polychlorinated biphenyls and hazardous 
                waste expected to be removed from the vessel or 
                vessels.
            ``(5) Report to the environmental protection agency.--Any 
        ship scrapping facility authorized by this subsection to import 
        vessels containing regulated levels of polychlorinated 
        biphenyls shall file with the Administrator of the 
        Environmental Protection Agency, not later than April 1 of each 
        year, a report providing, for each vessel imported in 
        accordance with this subsection, the following information:
                    ``(A) The vessel name and approximated tonnage.
                    ``(B) Registration number and flag of the vessel.
                    ``(C) The date of import.
                    ``(D) The types, quantities, and final destination 
                of all polychlorinated biphenyls and hazardous waste 
                removed.
                    ``(E) The EPA-issued consent number under which the 
                vessel was imported.
            ``(6) Applicable laws.--Once a vessel has been imported 
        pursuant to this subsection, the manufacturing, processing, 
        distribution in commerce, use, and disposal of any 
        polychlorinated biphenyls and hazardous waste contained on the 
        vessel shall be carried out in accordance with applicable 
        Federal, State, and local laws and regulations.''.

SEC. 9. SEA YEAR ON CONTRACTED VESSELS.

    Section 51307 of title 46, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``The Secretary'' and inserting the following:
    ``(a) In General.--The Secretary'';
            (2) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) on vessels contracted by the United States 
        Government, subject to subsection (b);''; and
            (4) by adding at the end the following:
    ``(b) Subsection (a)(2) shall only apply to vessels that are 
contracted by the United States Government and that carry more than 
75,000 Metric tons of food aid per year in accordance with section 
55305 of title 46, United States Code.''.

SEC. 10. GAO REPORT ON NATIONAL MARITIME STRATEGY.

    The Comptroller General of the United States shall complete a study 
and submit to the Committee on Commerce, Science, and Transportation of 
the Senate, the Committee on Armed Services of the House of 
Representatives, and the Committee on Transportation and Infrastructure 
of the House of Representatives, a report on--
            (1) the key challenges, if any, to ensuring that the United 
        States marine transportation system and merchant marine are 
        sufficient to support United States economic and defense needs, 
        as articulated by the Maritime Administration, the Committee on 
        the Marine Transportation System, and other stakeholders;
            (2) the extent to which a national maritime strategy 
        incorporates desirable characteristics of successful national 
        strategies as identified by the Comptroller General, and any 
        key obstacles (as identified by stakeholders) to successfully 
        implementing such strategies; and
            (3) the extent to which Federal efforts to establish 
        national maritime strategy are duplicative or fragmented, and 
        if so, the impact on United States maritime policy for the 
        future.

SEC. 11. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL REPORT ON TITLE 
              XI PROGRAM.

    Not later than 180 days after the date of enactment of this Act, 
the Department of Transportation Office of Inspector General shall--
            (1) initiate an audit of the financial controls and 
        protections included in the policies and procedures of the 
        Department of Transportation for approving loan applications 
        for the loan guarantee program authorized under chapter 537 of 
        title 46, United States Code; and
            (2) submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report containing the results of that audit once the 
        audit is completed.

SEC. 12. MULTI-YEAR CONTRACTS.

    Nothing in section 3505 of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114-328) may be construed to prohibit 
the Maritime Administration from entering into a multi-year contract 
for the procurement of up to 5 new vessels within the National Security 
Multi-Mission Vessel Program and associated government-furnished 
equipment, subject to the availability of appropriations.

SEC. 13. USE OF STATE ACADEMY TRAINING VESSELS.

    Section 51504(g) of title 46, United States Code, is amended to 
read as follows:
    ``(g) Vessel Sharing.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of the Maritime Authorization and Enhancement Act for 
        Fiscal Year 2019, the Secretary, acting through the Maritime 
        Administrator, shall upon consultation with the maritime 
        academies, and to the extent feasible with the consent of the 
        maritime academies, implement a program of vessel sharing, 
        requiring maritime academies to share training vessels provided 
        by the Secretary among maritime academies, as necessary to 
        ensure that training needs of each academy are met.
            ``(2) Program of vessel sharing.--For purposes of this 
        subsection, a program of vessel sharing shall include--
                    ``(A) ways to maximize the available underway 
                training capacity available in the fleet of training 
                vessels;
                    ``(B) coordinating the dates and duration of 
                training cruises with the academic calendars of 
                maritime academies;
                    ``(C) coordinating academic programs designed to be 
                implemented aboard training vessels among maritime 
                academies; and
                    ``(D) identifying ways to minimize costs.
            ``(3) Evaluation.--Not later than 30 days after the 
        beginning of each fiscal year, the Secretary, acting through 
        the Maritime Administrator, shall evaluate the vessel sharing 
        program under this subsection to determine the optimal 
        utilization of State maritime training vessels, and modify the 
        program as necessary to improve utilization.''.

SEC. 14. PERMANENT AUTHORITY OF SECRETARY OF TRANSPORTATION TO ISSUE 
              VESSEL WAR RISK INSURANCE.

    (a) In General.--Section 53912 of title 46, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 539 of title 46, United States Code, is amended by striking the 
item relating to section 53912.

SEC. 15. NAVIGATION SYSTEM STUDY AND REPORT.

    (a) Study of the Great Lakes System.--
            (1) In general.--The Maritime Administrator shall conduct a 
        comprehensive study of the Great Lakes--Saint Lawrence Seaway 
        navigation system (referred to in this section as the ``Great 
        Lakes System'') that examines the current state of the system 
        and makes recommendations for improvements.
            (2) Contents.--The study--
                    (A) shall examine, with respect to the Great Lakes 
                System--
                            (i) typical cargo routing options;
                            (ii) the cost profile of each route and 
                        alternative routes;
                            (iii) port infrastructure quality;
                            (iv) intermodal connections;
                            (v) competing transportation options, 
                        including air, rail, and ground transportation 
                        and their relative market position;
                            (vi) taxes and fees imposed on vessels;
                            (vii) marketing efforts to increase 
                        shipments;
                            (viii) subsidies provided to the Great 
                        Lakes System and to competing cargo 
                        transportation systems;
                            (ix) the condition of the docks at each 
                        port;
                            (x) United States and Canadian Government 
                        icebreaking capabilities to facilitate 
                        commercial shipping; and
                            (xi) the condition of vessel navigation 
                        infrastructure (such as channels, locks, 
                        letties, and breakwaters) and efforts to 
                        maintain, upgrade, or replace that 
                        infrastructure; and
                    (B) shall make recommendations on--
                            (i) the level of additional investment 
                        needed to improve the Great Lakes System;
                            (ii) any benefits of increased Federal or 
                        State investment in the Great Lakes System; and
                            (iii) any regulatory or competitive burdens 
                        impeding growth of the Great Lakes System.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Maritime Administrator shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate, the 
Committee on Transportation and Infrastructure of the House of 
Representatives, and the Co-Chairs of the Great Lakes Task Force of the 
Senate and of the House of Representatives containing the results of 
the study conducted under this section.
    (c) Contract.--The Maritime Administrator may enter into a contract 
with another entity to carry out the study.

SEC. 16. MISCELLANEOUS.

    (a) Noncommercial Vessels.--Section 3514(a) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 46 U.S.C. 
51318 note) is amended--
            (1) by striking ``Not later than'' and inserting the 
        following:
            ``(1) Not later than''; and
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and adjusting the 
        margins accordingly; and
            (3) by adding at the end the following:
            ``(2) For the purposes of this section, vessels operated by 
        any of the following entities shall not be considered 
        commercial vessels:
                    ``(A) Any entity or agency of the United States.
                    ``(B) The government of a State or territory.
                    ``(C) Any political subdivision of a State or 
                territory.
                    ``(D) Any other municipal organization.''.
    (b) Passenger Records.--Section 51322(c) of title 46, United States 
Code, is amended to read as follows:
    ``(c) Maintenance of Sexual Assault Training Records.--The Maritime 
Administrator shall require the owner or operator of a commercial 
vessel, or the seafarer union for a commercial vessel, to maintain 
records of sexual assault training for any person required to have such 
training.''.
    (c) National Oceanic and Atmospheric Administration.--Section 3134 
of title 40, United States Code, is amended by adding at the end the 
following:
    ``(c) National Oceanic and Atmospheric Administration.--The 
Secretary of Commerce may waive this subchapter with respect to 
contracts for the construction, alteration, or repair of vessels, 
regardless of the terms of the contracts as to payment or title, when 
the contract is made under the Act entitled `An Act to define the 
functions and duties of the Coast and Geodetic Survey, and for other 
purposes', approved August 6, 1947 (33 U.S.C. 883a et seq.).''.
    (d) Annual Payments for Maintenance and Support.--Section 51505(b) 
of title 46 is amended to read as follows:
            ``(2) Maximum.--The amount under paragraph (1) may not be 
        more than $25,000, unless the academy satisfies section 
        51506(b) of this title.''.
                                 <all>