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

<DOC>





                                                       Calendar No. 558
115th CONGRESS
  2d Session
                                S. 3273

                          [Report No. 115-324]

 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 (for himself and Ms. Baldwin) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                            August 20, 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 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the Port Operations, Research, 
and Technology Act.</DELETED>

<DELETED>SEC. 2. PORT AND INTERMODAL IMPROVEMENT ROGRAM.</DELETED>

<DELETED>    (a) Short Title.--This section may be cited as the ``Ports 
Improvement Act''.</DELETED>
<DELETED>    (b) Port and Intermodal Improvement Program.--Section 
50302 of title 46, United States Code, is amended by striking 
subsection (c) and inserting the following:</DELETED>
<DELETED>    ``(c) Port and Intermodal Improvement Program.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Eligible applicant.--The Secretary may make 
        a grant under this subsection to the following:</DELETED>
                <DELETED>    ``(A) A State.</DELETED>
                <DELETED>    ``(B) A political subdivision of a State 
                or local government.</DELETED>
                <DELETED>    ``(C) A public agency or publicly 
                chartered authority established by one or more 
                States.</DELETED>
                <DELETED>    ``(D) A special purpose district with a 
                transportation function.</DELETED>
                <DELETED>    ``(E) A multistate or multijurisdictional 
                group of entities described in this 
                subsection.</DELETED>
                <DELETED>    ``(F) A lead entity described in 
                subparagraph (A), (B), (C), (D), or (E) jointly with a 
                private entity or group of private entities.</DELETED>
        <DELETED>    ``(3) Eligible projects.--The Secretary may make a 
        grant under this subsection--</DELETED>
                <DELETED>    ``(A) for a project that--</DELETED>
                        <DELETED>    ``(i) is either--</DELETED>
                                <DELETED>    ``(I) within the boundary 
                                of a port; or</DELETED>
                                <DELETED>    ``(II) outside the 
                                boundary of a port, but is directly 
                                related to port operations or to an 
                                intermodal connection to a port; 
                                and</DELETED>
                        <DELETED>    ``(ii) will be used to improve the 
                        safety, efficiency, or reliability of--
                        </DELETED>
                                <DELETED>    ``(I) the loading and 
                                unloading of goods at the port, such as 
                                for marine terminal 
                                equipment;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Prohibited uses.--A grant award under this 
        subsection may not be used--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) is necessary for a project 
                        described in paragraph (3)(A)(ii)(III) of this 
                        subsection; and</DELETED>
                        <DELETED>    ``(ii) is not receiving assistance 
                        under chapter 537; or</DELETED>
                <DELETED>    ``(B) for any project within a small 
                shipyard (as defined in section 54101).</DELETED>
        <DELETED>    ``(5) Applications and process.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Project selection criteria.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary may 
                select a project described in paragraph (3) for funding 
                under this subsection if the Secretary determines 
                that--</DELETED>
                        <DELETED>    ``(i) the project improves the 
                        safety, efficiency, or reliability of the 
                        movement of goods through a port or intermodal 
                        connection to a port;</DELETED>
                        <DELETED>    ``(ii) the project is cost-
                        effective;</DELETED>
                        <DELETED>    ``(iii) the eligible applicant has 
                        authority to carry out the project;</DELETED>
                        <DELETED>    ``(iv) the eligible applicant has 
                        sufficient funding available to meet the 
                        matching requirements under paragraph 
                        (8);</DELETED>
                        <DELETED>    ``(v) the project will be 
                        completed without unreasonable delay; 
                        and</DELETED>
                        <DELETED>    ``(vi) the project cannot be 
                        easily and efficiently completed without 
                        Federal funding or financial assistance 
                        available to the project sponsor.</DELETED>
                <DELETED>    ``(B) Additional considerations.--In 
                selecting projects described in paragraph (3) for 
                funding under this subsection, the Secretary shall give 
                substantial weight to--</DELETED>
                        <DELETED>    ``(i) the utilization of non-
                        Federal contributions; and</DELETED>
                        <DELETED>    ``(ii) the net benefits of the 
                        funds awarded under this subsection, 
                        considering the cost-benefit analysis of the 
                        project, as applicable.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(7) Allocation of funds.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) 10 percent of the amounts 
                        made available for grants under this subsection 
                        for a fiscal year; or</DELETED>
                        <DELETED>    ``(ii) $1,000,000.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(8) Federal share of total project costs.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Federal share.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) Rural areas.--The 
                        Secretary may increase the Federal share of 
                        costs above 80 percent for a project located in 
                        a rural area.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(10) Procedural safeguards.--The Secretary shall 
        issue guidelines to establish appropriate accounting, 
        reporting, and review procedures to ensure that--</DELETED>
                <DELETED>    ``(A) grant funds are used for the 
                purposes for which they were made available;</DELETED>
                <DELETED>    ``(B) each grantee properly accounts for 
                all expenditures of grant funds; and</DELETED>
                <DELETED>    ``(C) grant funds not used for such 
                purposes and amounts not obligated or expended are 
                returned.</DELETED>
        <DELETED>    ``(11) Grant conditions.--The Secretary shall 
        require as a condition of making a grant under this subsection 
        that a grantee--</DELETED>
                <DELETED>    ``(A) maintain such records as the 
                Secretary considers necessary;</DELETED>
                <DELETED>    ``(B) make the records described in 
                subparagraph (A) available for review and audit by the 
                Secretary; and</DELETED>
                <DELETED>    ``(C) periodically report to the Secretary 
                such information as the Secretary considers necessary 
                to assess progress.</DELETED>
        <DELETED>    ``(12) Congressional notification.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Contents.--Each notification under 
                subparagraph (A) shall include--</DELETED>
                        <DELETED>    ``(i) an evaluation of and 
                        justification for the project; and</DELETED>
                        <DELETED>    ``(ii) the amount of the proposed 
                        grant award.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(13) Limitation on statutory construction.--
        Nothing in this subsection may be construed to affect existing 
        authorities to conduct port infrastructure programs in--
        </DELETED>
                <DELETED>    ``(A) Hawaii, as authorized by section 
                9008 of the SAFETEA-LU Act (Public Law 109-59; 119 
                Stat. 1926);</DELETED>
                <DELETED>    ``(B) Alaska, as authorized by section 
                10205 of the SAFETEA-LU Act (Public Law 109-59; 119 
                Stat. 1934); or</DELETED>
                <DELETED>    ``(C) Guam, as authorized by section 3512 
                of the Duncan Hunter National Defense Authorization Act 
                for Fiscal Year 2009 (48 U.S.C. 1421r).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(15) Administration.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Availability.--</DELETED>
                        <DELETED>    ``(i) In general.--Amounts 
                        appropriated for carrying out this subsection 
                        shall remain available until 
                        expended.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(16) Definitions.--In this subsection:</DELETED>
                <DELETED>    ``(A) Appropriate committees of 
                congress.--The term `appropriate committees of 
                Congress' means--</DELETED>
                        <DELETED>    ``(i) the Committee on Commerce, 
                        Science, and Transportation of the Senate; 
                        and</DELETED>
                        <DELETED>    ``(ii) the Committee on 
                        Transportation and Infrastructure of the House 
                        of Representatives.</DELETED>
                <DELETED>    ``(B) Port.--The term `port' includes--
                </DELETED>
                        <DELETED>    ``(i) a sea port; and</DELETED>
                        <DELETED>    ``(ii) an inland waterways 
                        port.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Rural area.--The term `rural area' 
                means an area that is outside an urbanized 
                area.</DELETED>
<DELETED>    ``(d) Additional Authority of the Secretary.--In carrying 
out this section, the Secretary may--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(3) seek to coordinate all reviews or 
        requirements with appropriate local, State, and Federal 
        agencies; and</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3. COAST GUARD BLUE TECHNOLOGY CENTER OF 
              EXPERTISE.</DELETED>

<DELETED>    (a) Short Title.--This section may be cited as the ``Coast 
Guard Blue Technology Center of Expertise Act''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Missions.--In addition to the missions listed in 
section 58(b) of title 14, United States Code, the Center--</DELETED>
        <DELETED>    (1) shall--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) increase awareness among Blue 
                Technology manufacturers, entrepreneurs, and vendors of 
                Coast Guard acquisition policies, procedures, and 
                business practices; and</DELETED>
                <DELETED>    (D) provide technical support, 
                coordination, and assistance to Coast Guard districts 
                and the Coast Guard Research and Development Center, as 
                appropriate; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Center.--The term ``Center'' means the Blue 
        Technology center of expertise established under this 
        section.</DELETED>
        <DELETED>    (2) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.</DELETED>
        <DELETED>    (3) Blue technology.--The term ``Blue Technology'' 
        means any technology, system, or platform that--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) supports or facilitates--</DELETED>
                        <DELETED>    (i) maritime domain awareness, 
                        including--</DELETED>
                                <DELETED>    (I) surveillance and 
                                monitoring;</DELETED>
                                <DELETED>    (II) observation, 
                                measurement, and modeling: or</DELETED>
                                <DELETED>    (III) information 
                                technology and 
                                communications;</DELETED>
                        <DELETED>    (ii) search and rescue;</DELETED>
                        <DELETED>    (iii) emergency 
                        response;</DELETED>
                        <DELETED>    (iv) maritime law 
                        enforcement;</DELETED>
                        <DELETED>    (v) marine inspections and 
                        investigations; or</DELETED>
                        <DELETED>    (vi) protection and conservation 
                        of the marine environment.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the Port Operations, Research, and 
Technology Act.

SEC. 2. PORT AND INTERMODAL IMPROVEMENT PROGRAM.

    (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 1 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 1 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) 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.
            ``(10) 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.
            ``(11) 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).
            ``(12) 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).
            ``(13) 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.
            ``(14) 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.
            ``(15) 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.
                                                       Calendar No. 558

115th CONGRESS

  2d Session

                                S. 3273

                          [Report No. 115-324]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            August 20, 2018

                       Reported with an amendment