[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3273 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3273

 To improve the safety, efficiency, and reliability of the movement of 
goods through ports and intermodal connections to ports, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2018

  Mr. Wicker introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To improve the safety, efficiency, and reliability of the movement of 
goods through ports and intermodal connections to ports, 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 Port Operations, Research, and 
Technology Act.

SEC. 2. PORT AND INTERMODAL IMPROVEMENT ROGRAM.

    (a) Short Title.--This section may be cited as the ``Ports 
Improvement Act''.
    (b) Port and Intermodal Improvement Program.--Section 50302 of 
title 46, United States Code, is amended by striking subsection (c) and 
inserting the following:
    ``(c) Port and Intermodal Improvement Program.--
            ``(1) General authority.--Subject to the availability of 
        appropriations, the Secretary of Transportation shall make 
        grants, on a competitive basis, to eligible applicants to 
        assist in funding eligible projects for the purpose of 
        improving the safety, efficiency, or reliability of the 
        movement of goods through ports and intermodal connections to 
        ports.
            ``(2) Eligible applicant.--The Secretary may make a grant 
        under this subsection to the following:
                    ``(A) A State.
                    ``(B) A political subdivision of a State or local 
                government.
                    ``(C) A public agency or publicly chartered 
                authority established by one or more States.
                    ``(D) A special purpose district with a 
                transportation function.
                    ``(E) A multistate or multijurisdictional group of 
                entities described in this subsection.
                    ``(F) A lead entity described in subparagraph (A), 
                (B), (C), (D), or (E) jointly with a private entity or 
                group of private entities.
            ``(3) Eligible projects.--The Secretary may make a grant 
        under this subsection--
                    ``(A) for a project that--
                            ``(i) is either--
                                    ``(I) within the boundary of a 
                                port; or
                                    ``(II) outside the boundary of a 
                                port, but is directly related to port 
                                operations or to an intermodal 
                                connection to a port; and
                            ``(ii) will be used to improve the safety, 
                        efficiency, or reliability of--
                                    ``(I) the loading and unloading of 
                                goods at the port, such as for marine 
                                terminal equipment;
                                    ``(II) the movement of goods into, 
                                out of, around, or within a port, such 
                                as for highway or rail infrastructure, 
                                intermodal facilities, freight 
                                intelligent transportation systems, and 
                                digital infrastructure systems; or
                                    ``(III) the movement of vessels in 
                                and out of the port facility by 
                                dredging a vessel berthing area that is 
                                not part of a Federal channel or an 
                                access channel associated with a 
                                Federal channel; or
                    ``(B) notwithstanding paragraph (6)(A)(v), to 
                provide financial assistance to one or more projects 
                under subparagraph (A) for development phase 
                activities, including planning, feasibility analysis, 
                revenue forecasting, environmental review, permitting, 
                and preliminary engineering and design work.
            ``(4) Prohibited uses.--A grant award under this subsection 
        may not be used--
                    ``(A) to finance or refinance the construction, 
                reconstruction, reconditioning, or purchase of a vessel 
                that is eligible for such assistance under chapter 537, 
                unless the Secretary determines such vessel--
                            ``(i) is necessary for a project described 
                        in paragraph (3)(A)(ii)(III) of this 
                        subsection; and
                            ``(ii) is not receiving assistance under 
                        chapter 537; or
                    ``(B) for any project within a small shipyard (as 
                defined in section 54101).
            ``(5) Applications and process.--
                    ``(A) Applications.--To be eligible for a grant 
                under this subsection, an eligible applicant shall 
                submit to the Secretary an application in such form, at 
                such time, and containing such information as the 
                Secretary considers appropriate.
                    ``(B) Solicitation process.--Not later than 30 days 
                after the date that amounts are made available for 
                grants under this subsection for a fiscal year, the 
                Secretary shall solicit grant applications for eligible 
                projects in accordance with this subsection.
            ``(6) Project selection criteria.--
                    ``(A) In general.--The Secretary may select a 
                project described in paragraph (3) for funding under 
                this subsection if the Secretary determines that--
                            ``(i) the project improves the safety, 
                        efficiency, or reliability of the movement of 
                        goods through a port or intermodal connection 
                        to a port;
                            ``(ii) the project is cost-effective;
                            ``(iii) the eligible applicant has 
                        authority to carry out the project;
                            ``(iv) the eligible applicant has 
                        sufficient funding available to meet the 
                        matching requirements under paragraph (8);
                            ``(v) the project will be completed without 
                        unreasonable delay; and
                            ``(vi) the project cannot be easily and 
                        efficiently completed without Federal funding 
                        or financial assistance available to the 
                        project sponsor.
                    ``(B) Additional considerations.--In selecting 
                projects described in paragraph (3) for funding under 
                this subsection, the Secretary shall give substantial 
                weight to--
                            ``(i) the utilization of non-Federal 
                        contributions; and
                            ``(ii) the net benefits of the funds 
                        awarded under this subsection, considering the 
                        cost-benefit analysis of the project, as 
                        applicable.
                    ``(C) Small projects.--The Secretary may waive the 
                cost-benefit analysis under subparagraph (A)(ii), and 
                establish a simplified, alternative basis for 
                determining whether a project is cost-effective, for a 
                small project described in paragraph (7)(B).
            ``(7) Allocation of funds.--
                    ``(A) Geographic distribution.--Not more than 25 
                percent of the amounts made available for grants under 
                this subsection for a fiscal year may be used to make 
                grants for projects in any 1 State.
                    ``(B) Small projects.--The Secretary shall reserve 
                25 percent of the amounts made available for grants 
                under this subsection each fiscal year to make grants 
                for eligible projects described in paragraph (3)(A) 
                that request the lesser of--
                            ``(i) 10 percent of the amounts made 
                        available for grants under this subsection for 
                        a fiscal year; or
                            ``(ii) $1,000,000.
                    ``(C) Dredging projects.--Not more than 25 percent 
                of the amounts made available for grants under this 
                subsection for a fiscal year may be used to make grants 
                for projects described in paragraph (3)(A)(ii)(III).
                    ``(D) Development phase activities.--Not more than 
                10 percent of the amounts made available for grants 
                under this subsection for a fiscal year may be used to 
                make grants for development phase activities under 
                paragraph (3)(B).
            ``(8) Federal share of total project costs.--
                    ``(A) Total project costs.--To be eligible for a 
                grant under this subsection, an eligible applicant 
                shall submit to the Secretary an estimate of the total 
                costs of a project under this subsection based on the 
                best available information, including any available 
                engineering studies, studies of economic feasibility, 
                environmental analyses, and information on the expected 
                use of equipment or facilities.
                    ``(B) Federal share.--
                            ``(i) In general.--Except as provided in 
                        clauses (ii) and (iii), the Federal share of 
                        the total costs of a project under this 
                        subsection shall not exceed 80 percent.
                            ``(ii) Dredging projects.--The Federal 
                        share of the total costs of a project described 
                        in paragraph (3)(A)(ii)(III) shall not exceed 
                        50 percent.
                            ``(iii) Rural areas.--The Secretary may 
                        increase the Federal share of costs above 80 
                        percent for a project located in a rural area.
            ``(9) TIFIA program.--At the request of an eligible 
        applicant under this subsection, the Secretary may use amounts 
        awarded to an eligible applicant under this subsection to pay 
        the subsidy and administrative costs of a project necessary to 
        provide the applicant with Federal credit assistance under 
        chapter 6 of title 23, with respect to the project for which 
        the grant was awarded, if such project is eligible for credit 
        assistance under that chapter.
            ``(10) Procedural safeguards.--The Secretary 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) each grantee properly accounts for all 
                expenditures of grant funds; and
                    ``(C) grant funds not used for such purposes and 
                amounts not obligated or expended are returned.
            ``(11) Grant conditions.--The Secretary shall require as a 
        condition of making a grant under this subsection that a 
        grantee--
                    ``(A) maintain such records as the Secretary 
                considers necessary;
                    ``(B) make the records described in subparagraph 
                (A) available for review and audit by the Secretary; 
                and
                    ``(C) periodically report to the Secretary such 
                information as the Secretary considers necessary to 
                assess progress.
            ``(12) Congressional notification.--
                    ``(A) Notification.--At least 60 days before making 
                a grant for a project under this section, the Secretary 
                shall notify, in writing, the Committee on Commerce, 
                Science, and Transportation of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives of the proposed grant.
                    ``(B) Contents.--Each notification under 
                subparagraph (A) shall include--
                            ``(i) an evaluation of and justification 
                        for the project; and
                            ``(ii) the amount of the proposed grant 
                        award.
                    ``(C) Congressional disapproval.--The Secretary may 
                not make a grant or any other obligation or commitment 
                to fund a project under this section if a joint 
                resolution is enacted disapproving funding for the 
                project before the last day of the 60-day period 
                described in subparagraph (A).
            ``(13) Limitation on statutory construction.--Nothing in 
        this subsection may be construed to affect existing authorities 
        to conduct port infrastructure programs in--
                    ``(A) Hawaii, as authorized by section 9008 of the 
                SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1926);
                    ``(B) Alaska, as authorized by section 10205 of the 
                SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1934); or
                    ``(C) Guam, as authorized by section 3512 of the 
                Duncan Hunter National Defense Authorization Act for 
                Fiscal Year 2009 (48 U.S.C. 1421r).
            ``(14) Reports.--The Secretary shall make available on the 
        website of the Department of Transportation at the end of each 
        fiscal year an annual report that lists each project for which 
        a grant has been provided under this subsection during that 
        fiscal year.
            ``(15) Administration.--
                    ``(A) Administrative and oversight costs.--The 
                Secretary may retain not more than 1 percent of the 
                amounts appropriated for each fiscal year under this 
                subsection for the administrative and oversight costs 
                incurred by the Secretary to carry out this subsection.
                    ``(B) Availability.--
                            ``(i) In general.--Amounts appropriated for 
                        carrying out this subsection shall remain 
                        available until expended.
                            ``(ii) Unexpended funds.--Amounts awarded 
                        as a grant under this subsection that are not 
                        expended by the grantee during the 4-year 
                        period following the date of the award shall 
                        remain available to the Secretary for use for 
                        grants under this subsection in a subsequent 
                        fiscal year.
            ``(16) Definitions.--In this subsection:
                    ``(A) Appropriate committees of congress.--The term 
                `appropriate committees of Congress' means--
                            ``(i) the Committee on Commerce, Science, 
                        and Transportation of the Senate; and
                            ``(ii) the Committee on Transportation and 
                        Infrastructure of the House of Representatives.
                    ``(B) Port.--The term `port' includes--
                            ``(i) a sea port; and
                            ``(ii) an inland waterways port.
                    ``(C) Project.--The term `project' includes 
                construction, reconstruction, rehabilitation, 
                acquisition of property, including land related to the 
                project and improvements to the land, equipment 
                acquisition, and operational improvements.
                    ``(D) Rural area.--The term `rural area' means an 
                area that is outside an urbanized area.
    ``(d) Additional Authority of the Secretary.--In carrying out this 
section, the Secretary may--
            ``(1) receive funds from a Federal or non-Federal entity 
        that has a specific agreement with the Secretary to further the 
        purposes of this section;
            ``(2) coordinate with other Federal agencies to expedite 
        the process established under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of 
        port facilities to improve the efficiency of the transportation 
        system, to increase port security, or to provide greater access 
        to port facilities;
            ``(3) seek to coordinate all reviews or requirements with 
        appropriate local, State, and Federal agencies; and
            ``(4) in addition to any financial assistance provided 
        under subsection (c), provide such technical assistance to port 
        authorities or commissions or their subdivisions and agents as 
        needed for project planning, design, and construction.''.
    (c) Savings Clause.--A repeal made by subsection (b) of this 
section shall not affect amounts apportioned or allocated before the 
effective date of the repeal. Such apportioned or allocated funds shall 
continue to be subject to the requirements to which the funds were 
subject under section 50302(c) of title 46, United States Code, as in 
effect on the day before the date of enactment of this Act.

SEC. 3. COAST GUARD BLUE TECHNOLOGY CENTER OF EXPERTISE.

    (a) Short Title.--This section may be cited as the ``Coast Guard 
Blue Technology Center of Expertise Act''.
    (b) Establishment.--Not later than 1 year after the date of 
enactment of this Act and subject to the availability of 
appropriations, the Commandant shall establish under section 58 of 
title 14, United States Code, a Blue Technology center of expertise.
    (c) Missions.--In addition to the missions listed in section 58(b) 
of title 14, United States Code, the Center--
            (1) shall--
                    (A) promote awareness within the Coast Guard of the 
                range and diversity of Blue Technologies and their 
                potential to enhance Coast Guard mission readiness, 
                operational performance, and regulation of such 
                technologies;
                    (B) function as an interactive conduit to enable 
                the sharing and dissemination of Blue Technology 
                information between the Coast Guard and representatives 
                from the private sector, academia, nonprofit 
                organizations, and other Federal agencies;
                    (C) increase awareness among Blue Technology 
                manufacturers, entrepreneurs, and vendors of Coast 
                Guard acquisition policies, procedures, and business 
                practices; and
                    (D) provide technical support, coordination, and 
                assistance to Coast Guard districts and the Coast Guard 
                Research and Development Center, as appropriate; and
            (2) subject to the requirements of the Coast Guard Academy, 
        may coordinate with the Academy to develop appropriate 
        curricula regarding Blue Technology to be offered in 
        professional courses of study to give Coast Guard cadets and 
        officer candidates a greater background and understanding of 
        Blue Technologies.
    (d) Blue Technology Exposition; Briefing.--Not later than 6 months 
after the date of enactment of this Act, the Commandant shall provide 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a briefing on the costs and benefits of hosting a 
biennial Coast Guard Blue Technology exposition to further interactions 
between representatives from the private sector, academia, and 
nonprofit organizations, and the Coast Guard and examine emerging 
technologies and Coast Guard mission demands.
    (e) Definitions.--In this section:
            (1) Center.--The term ``Center'' means the Blue Technology 
        center of expertise established under this section.
            (2) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
            (3) Blue technology.--The term ``Blue Technology'' means 
        any technology, system, or platform that--
                    (A) is designed for use or application above, on, 
                or below the sea surface or that is otherwise 
                applicable to Coast Guard operational needs, including 
                such a technology, system, or platform that provides 
                continuous or persistent coverage; and
                    (B) supports or facilitates--
                            (i) maritime domain awareness, including--
                                    (I) surveillance and monitoring;
                                    (II) observation, measurement, and 
                                modeling: or
                                    (III) information technology and 
                                communications;
                            (ii) search and rescue;
                            (iii) emergency response;
                            (iv) maritime law enforcement;
                            (v) marine inspections and investigations; 
                        or
                            (vi) protection and conservation of the 
                        marine environment.
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