[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2717 Reported in Senate (RS)]
<DOC>
Calendar No. 505
115th CONGRESS
2d Session
S. 2717
[Report No. 115-292]
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
July 9, 2018
Reported by Mr. Thune, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Maritime
Authorization and Enhancement Act for Fiscal Year 2019''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Authorization of the Maritime Administration.
<DELETED>Sec. 3. Concurrent jurisdiction.
<DELETED>Sec. 4. United States Merchant Marine Academy policy on sexual
harassment, dating violence, domestic
violence, sexual assault, and stalking.
<DELETED>Sec. 5. Report on implementation of recommendations for the
United States Merchant Marine Academy
Sexual Assault Prevention and Response
Program.
<DELETED>Sec. 6. Electronic records on mariner availability to meet
national security needs.
<DELETED>Sec. 7. Small shipyard grants.
<DELETED>Sec. 8. Domestic ship recycling facilities.
<DELETED>Sec. 9. Sea year on contracted vessels.
<DELETED>Sec. 10. GAO report on national maritime strategy.
<DELETED>Sec. 11. Department of Transportation Inspector General report
on title XI program.
<DELETED>Sec. 12. Multi-year contracts.
<DELETED>Sec. 13. Use of State academy training vessels.
<DELETED>Sec. 14. Permanent authority of Secretary of Transportation to
issue vessel war risk insurance.
<DELETED>Sec. 15. Navigation system study and report.
<DELETED>Sec. 16. Miscellaneous.
<DELETED>SEC. 2. AUTHORIZATION OF THE MARITIME
ADMINISTRATION.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) For expenses necessary for operations of the
United States Merchant Marine Academy, $69,000,000 for Academy
operations.</DELETED>
<DELETED> (2) For expenses necessary to support the State
maritime academies, $32,200,000, of which--</DELETED>
<DELETED> (A) $2,400,000 shall remain available
until September 30, 2019, for the Student Incentive
Program;</DELETED>
<DELETED> (B) $6,000,000 shall remain available
until expended for direct payments to such
academies;</DELETED>
<DELETED> (C) $22,000,000 shall remain available
until expended for maintenance and repair of State
maritime academy training vessels; and</DELETED>
<DELETED> (D) $1,800,000 shall remain available
until expended for training ship fuel
assistance.</DELETED>
<DELETED> (3) For expenses necessary to support the National
Security Multi-Mission Vessel Program, $300,000,000, which
shall remain available until expended.</DELETED>
<DELETED> (4) For expenses necessary to support Maritime
Administration operations and programs, $60,442,000.</DELETED>
<DELETED> (5) For expenses necessary to dispose of vessels
in the National Defense Reserve Fleet, $6,000,000, which shall
remain available until expended.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (7) For expenses necessary for the loan guarantee
program authorized under chapter 537 of title 46, United States
Code, $33,000,000, of which--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) $3,000,000 may be used for
administrative expenses relating to loan guarantee
commitments under the program.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. CONCURRENT JURISDICTION.</DELETED>
<DELETED> 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--
</DELETED>
<DELETED> (1) by filing with the Governor of New York a
notice of relinquishment to take effect upon acceptance
thereof; or</DELETED>
<DELETED> (2) as the laws of that State may
provide.</DELETED>
<DELETED>SEC. 4. UNITED STATES MERCHANT MARINE ACADEMY POLICY ON SEXUAL
HARASSMENT, DATING VIOLENCE, DOMESTIC VIOLENCE, SEXUAL
ASSAULT, AND STALKING.</DELETED>
<DELETED> (a) Policy on Sexual Harassment, Dating Violence, Domestic
Violence, Sexual Assault, and Stalking.--Section 51318 of title 46,
United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)(2)--</DELETED>
<DELETED> (A) in subparagraph (A), by inserting
``and prevention'' after ``awareness'';</DELETED>
<DELETED> (B) by redesignating subparagraph (B) as
subparagraph (C), and subparagraphs (C) through (F) as
subparagraphs (E) through (H), respectively;</DELETED>
<DELETED> (C) by inserting after subparagraph (A)
the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (D) by inserting after subparagraph (C),
as redesignated by subparagraph (B), the
following:</DELETED>
<DELETED> ``(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;'';</DELETED>
<DELETED> (2) in subsection (b)(2)(A), by inserting ``and
other Academy personnel'' after ``cadets at the Academy'';
and</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (2)(A) by inserting ``,
including sexual harassment,'' after ``sexual assaults,
rapes, and other sexual offenses''; and</DELETED>
<DELETED> (B) in paragraph (4)(B), by striking ``The
Secretary'' and inserting ``Not later than January 15
of each year, the Secretary''.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 5. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS FOR THE
UNITED STATES MERCHANT MARINE ACADEMY SEXUAL ASSAULT
PREVENTION AND RESPONSE PROGRAM.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 6. ELECTRONIC RECORDS ON MARINER AVAILABILITY TO MEET
NATIONAL SECURITY NEEDS.</DELETED>
<DELETED> Section 7502 of title 46, United States Code, is amended--
</DELETED>
<DELETED> (1) by redesignating subsection (c) as subsection
(d); and</DELETED>
<DELETED> (2) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 7. SMALL SHIPYARD GRANTS.</DELETED>
<DELETED> Section 54101(b) of title 46, United States Code, is
amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;</DELETED>
<DELETED> (2) by inserting after paragraph (1) the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (3) in paragraph (4), as redesignated by paragraph
(1), by striking ``paragraph (2)'' and inserting ``paragraph
(3)''.</DELETED>
<DELETED>SEC. 8. DOMESTIC SHIP RECYCLING FACILITIES.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) by redesignating subsections (c) through (f)
as subsections (d) through (g), respectively; and</DELETED>
<DELETED> (2) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(c) Scrapping of Imported Vessels.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Notification.--</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.).</DELETED>
<DELETED> ``(iii) The types of
polychlorinated biphenyls or polychlorinated
biphenyls items expected to be removed from the
vessels.</DELETED>
<DELETED> ``(iv) The number of vessels
proposed for import and maximum
tonnage.</DELETED>
<DELETED> ``(v) The period of time covered
by the import notice (not to exceed one year)
and the start and end dates of
shipment.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Consent.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) The vessel name and approximated
tonnage.</DELETED>
<DELETED> ``(B) Registration number and flag of the
vessel.</DELETED>
<DELETED> ``(C) The date of import.</DELETED>
<DELETED> ``(D) The types, quantities, and final
destination of all polychlorinated biphenyls and
hazardous waste removed.</DELETED>
<DELETED> ``(E) The EPA-issued consent number under
which the vessel was imported.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 9. SEA YEAR ON CONTRACTED VESSELS.</DELETED>
<DELETED> Section 51307 of title 46, United States Code, is
amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``The Secretary'' and inserting the
following:</DELETED>
<DELETED> ``(a) In General.--The Secretary'';</DELETED>
<DELETED> (2) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;</DELETED>
<DELETED> (3) by inserting after paragraph (1) the
following:</DELETED>
<DELETED> ``(2) on vessels contracted by the United States
Government, subject to subsection (b);''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 10. GAO REPORT ON NATIONAL MARITIME STRATEGY.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 11. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL REPORT
ON TITLE XI PROGRAM.</DELETED>
<DELETED> Not later than 180 days after the date of enactment of
this Act, the Department of Transportation Office of Inspector General
shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 12. MULTI-YEAR CONTRACTS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 13. USE OF STATE ACADEMY TRAINING VESSELS.</DELETED>
<DELETED> Section 51504(g) of title 46, United States Code, is
amended to read as follows:</DELETED>
<DELETED> ``(g) Vessel Sharing.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Program of vessel sharing.--For purposes of
this subsection, a program of vessel sharing shall include--
</DELETED>
<DELETED> ``(A) ways to maximize the available
underway training capacity available in the fleet of
training vessels;</DELETED>
<DELETED> ``(B) coordinating the dates and duration
of training cruises with the academic calendars of
maritime academies;</DELETED>
<DELETED> ``(C) coordinating academic programs
designed to be implemented aboard training vessels
among maritime academies; and</DELETED>
<DELETED> ``(D) identifying ways to minimize
costs.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 14. PERMANENT AUTHORITY OF SECRETARY OF TRANSPORTATION TO
ISSUE VESSEL WAR RISK INSURANCE.</DELETED>
<DELETED> (a) In General.--Section 53912 of title 46, United States
Code, is repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 15. NAVIGATION SYSTEM STUDY AND REPORT.</DELETED>
<DELETED> (a) Study of the Great Lakes System.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Contents.--The study--</DELETED>
<DELETED> (A) shall examine, with respect to the
Great Lakes System--</DELETED>
<DELETED> (i) typical cargo routing
options;</DELETED>
<DELETED> (ii) the cost profile of each
route and alternative routes;</DELETED>
<DELETED> (iii) port infrastructure
quality;</DELETED>
<DELETED> (iv) intermodal
connections;</DELETED>
<DELETED> (v) competing transportation
options, including air, rail, and ground
transportation and their relative market
position;</DELETED>
<DELETED> (vi) taxes and fees imposed on
vessels;</DELETED>
<DELETED> (vii) marketing efforts to
increase shipments;</DELETED>
<DELETED> (viii) subsidies provided to the
Great Lakes System and to competing cargo
transportation systems;</DELETED>
<DELETED> (ix) the condition of the docks at
each port;</DELETED>
<DELETED> (x) United States and Canadian
Government icebreaking capabilities to
facilitate commercial shipping; and</DELETED>
<DELETED> (xi) the condition of vessel
navigation infrastructure (such as channels,
locks, letties, and breakwaters) and efforts to
maintain, upgrade, or replace that
infrastructure; and</DELETED>
<DELETED> (B) shall make recommendations on--
</DELETED>
<DELETED> (i) the level of additional
investment needed to improve the Great Lakes
System;</DELETED>
<DELETED> (ii) any benefits of increased
Federal or State investment in the Great Lakes
System; and</DELETED>
<DELETED> (iii) any regulatory or
competitive burdens impeding growth of the
Great Lakes System.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Contract.--The Maritime Administrator may enter into a
contract with another entity to carry out the study.</DELETED>
<DELETED>SEC. 16. MISCELLANEOUS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by striking ``Not later than'' and inserting
the following:</DELETED>
<DELETED> ``(1) Not later than''; and</DELETED>
<DELETED> (2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins accordingly; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(2) For the purposes of this section, vessels
operated by any of the following entities shall not be
considered commercial vessels:</DELETED>
<DELETED> ``(A) Any entity or agency of the United
States.</DELETED>
<DELETED> ``(B) The government of a State or
territory.</DELETED>
<DELETED> ``(C) Any political subdivision of a State
or territory.</DELETED>
<DELETED> ``(D) Any other municipal
organization.''.</DELETED>
<DELETED> (b) Passenger Records.--Section 51322(c) of title 46,
United States Code, is amended to read as follows:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) National Oceanic and Atmospheric Administration.--
Section 3134 of title 40, United States Code, is amended by adding at
the end the following:</DELETED>
<DELETED> ``(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.).''.</DELETED>
<DELETED> (d) Annual Payments for Maintenance and Support.--Section
51505(b) of title 46 is amended to read as follows:</DELETED>
<DELETED> ``(2) Maximum.--The amount under paragraph (1) may
not be more than $25,000, unless the academy satisfies section
51506(b) of this title.''.</DELETED>
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. Report on the application of the Uniform Code of Military
Justice to the United States Merchant
Marine Academy.
Sec. 7. Electronic records on mariner availability to meet national
security needs.
Sec. 8. Small shipyard grants.
Sec. 9. Domestic ship recycling facilities.
Sec. 10. Sea year on contracted vessels.
Sec. 11. GAO report on national maritime strategy.
Sec. 12. Department of Transportation Inspector General report on Title
XI program.
Sec. 13. Multi-year contracts.
Sec. 14. Use of State Maritime Academy training vessels.
Sec. 15. Permanent authority of Secretary of Transportation to issue
vessel war risk insurance.
Sec. 16. Buy America.
Sec. 17. Navigation system study and report.
Sec. 18. 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, 2020, 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, of which
$5,000,000 shall remain available until expended for port
infrastructure development under section 50302 of title 46,
United States Code.
(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 Armed Services 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 April 1, 2019, the Maritime Administrator shall
submit 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 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. REPORT ON THE APPLICATION OF THE UNIFORM CODE OF MILITARY
JUSTICE TO THE UNITED STATES MERCHANT MARINE ACADEMY.
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 Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives on the impediments to
the application of the Uniform Code of Military Justice at the United
States Merchant Marine Academy.
SEC. 7. 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 and respective
credentials to meet national security needs for credentialed mariners
crewing strategic sealift vessels.''.
SEC. 8. 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. 9. 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
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.
``(7) Authority.--The Administrator of the Environmental
Protection Agency may promulgate additional standards or
procedures for the import of ships that contain regulated
levels of polychlorinated biphenyls and hazardous waste, for
the purpose of recycling, under this subsection, if--
``(A) the benefits of such additional standards or
procedures exceed the costs of those standards or
procedures;
``(B) not later than 180 days prior to promulgating
such additional standards or procedures, the
Administrator of the Environmental Protection Agency
submits 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 demonstrating compliance with
subparagraph (A) and the reasons such standards or
procedures are necessary; and
``(C) the Administrator of the Environmental
Protection Agency receives the concurrence of the
Maritime Administrator on any such additional standards
or procedures.''.
SEC. 10. SEA YEAR ON CONTRACTED VESSELS.
Section 51307 of title 46, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary'';
(2) in paragraph (1) of subsection (a)--
(A) by striking ``owned or subsidized by'' and
inserting ``owned, subsidized by, or contracted with'';
and
(B) by inserting ``, including in accordance with
subsections (b), (c), and (d)'' after ``Government'';
and
(3) by adding at the end the following:
``(b) Maritime Security Program Vessels.--Subject to subsection
(d), the Secretary shall require an operator of a vessel participating
in the Maritime Security Program under chapter 531 of this title to
carry on each Maritime Security Program vessel 2 United States Merchant
Marine Academy cadets, if available, on each voyage.
``(c) Military Sealift Command Vessels.--Subject to subsection (d),
the Secretary and Commander of the Military Sealift Command shall
require an operator of a vessel contracted for service for the United
States Navy's Military Sealift Command to carry on each such vessel 2
United States Merchant Marine Academy cadets, if available, on each
voyage, if the vessel--
``(1) is flagged in the United States; and
``(2) is rated at 10,000 gross tons or higher.
``(d) Waiver.--If it is determined at any time by the Secretary or
the Commander of the Military Sealift Command that cadets from the
United States Merchant Marine Academy would place an undue burden on a
vessel or vessel operator, the Secretary or Commander may waive the
requirements described in subsection (b) or (c).''.
SEC. 11. 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. 12. 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 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 a report containing the results
of that audit once the audit is completed.
SEC. 13. 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. 14. USE OF STATE MARITIME ACADEMY TRAINING VESSELS.
Section 51504(g) of title 46, United States Code, is amended to
read as follows:
``(g) Vessel Capacity 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 capacity vessels
provided by the Secretary among maritime academies, as
necessary to ensure that training needs of each academy are
met.
``(2) Program of vessel capacity sharing.--For purposes of
this subsection, a program of vessel capacity 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 capacity
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. 15. 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. 16. BUY AMERICA.
Subsection (c) of section 54101 of title 46, United States Code, is
amended by adding at the end the following:
``(3) Buy america.--
``(A) In general.--Notwithstanding any other
provision of law, the Secretary of Transportation shall
not obligate any funds authorized to be appropriated to
carry out this chapter unless any steel, iron, and
manufactured products used in the project authorized
under this chapter are produced in the United States.
``(B) Exception.--The provisions of subparagraph
(A) shall not apply where the Secretary finds--
``(i) that their application would be
inconsistent with the public interest;
``(ii) that such materials and products are
not produced in the United States in sufficient
and reasonably available quantities and of a
satisfactory quality; or
``(iii) that inclusion of domestic material
will increase the cost of the overall project
by more than 25 percent.''.
SEC. 17. 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,
jetties, 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 an independent entity to carry out the study.
SEC. 18. 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)(2) 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.''.
Calendar No. 505
115th CONGRESS
2d Session
S. 2717
[Report No. 115-292]
_______________________________________________________________________
A BILL
To reauthorize provisions relating to the Maritime Administration.
_______________________________________________________________________
July 9, 2018
Reported with an amendment