[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4395 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4395

     To amend title 46, United States Code, to authorize maritime 
        transportation emergency relief, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2020

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

_______________________________________________________________________

                                 A BILL


 
     To amend title 46, United States Code, to authorize maritime 
        transportation emergency relief, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maritime Transportation System 
Emergency Relief Act of 2020''.

SEC. 2. MARITIME TRANSPORTATION SYSTEM EMERGENCY RELIEF PROGRAM.

    (a) In General.--Chapter 503 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 50308. Maritime transportation system emergency relief program
    ``(a) Definitions.--In this section the following definitions shall 
apply:
            ``(1) Eligible state entity.--The term `eligible State 
        entity' means a port authority, or a State-owned or -operated 
        vessel and facilities associated with the operation of such 
        vessel, in any State.
            ``(2) Eligible entity.--The term `eligible entity' means a 
        public or private entity that is created or organized in the 
        United States or under the laws of the United States, with 
        significant operations in and a majority of its employees based 
        in the United States, that is engaged in--
                    ``(A) vessel construction, transportation by water, 
                or support activities for transportation by water with 
                an assigned North American Industry Classification 
                System code beginning with 3366, 483, or 4883; or
                    ``(B) as determined by the Secretary of 
                Transportation--
                            ``(i) construction related to activities 
                        described in subparagraph (A); or
                            ``(ii) maritime education and training.
            ``(3) Eligible operating costs.--The term `eligible 
        operating costs' means costs relating to--
                    ``(A) emergency response;
                    ``(B) cleaning;
                    ``(C) sanitization;
                    ``(D) janitorial services;
                    ``(E) staffing;
                    ``(F) workforce retention;
                    ``(G) paid leave;
                    ``(H) procurement and use of protective health 
                equipment, testing, and training for employees and 
                contractors;
                    ``(I) debt service payments;
                    ``(J) infrastructure repair projects; and
                    ``(K) other maritime transportation system 
                operations;
            ``(4) Emergency.--The term `emergency' means a natural 
        disaster affecting a wide area (such as a flood, hurricane, 
        tidal wave, earthquake, severe storm, or landslide) or a 
        catastrophic failure from any external cause, that impacts the 
        United States maritime transportation system and as a result of 
        which--
                    ``(A) the Governor of a State has declared an 
                emergency and the Maritime Administrator, in 
                consultation with the Administrator of the Federal 
                Emergency Management Administration, has concurred in 
                the declaration;
                    ``(B) the President has declared a major disaster 
                under section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170);
                    ``(C) a national emergency declared by the 
                President under the National Emergencies Act (50 U.S.C. 
                1601 et seq.) is in effect; or
                    ``(D) a public health emergency declared pursuant 
                to section 319 of the Public Health Service Act (42 
                U.S.C. 247d) is in effect.
    ``(b) General Authority.--The Maritime Administrator may--
            ``(1) make grants to eligible State entities for eligible 
        operating costs; and
            ``(2) make grants and enter into contracts and other 
        agreements with eligible entities for--
                    ``(A) the costs of capital projects to protect, 
                repair, reconstruct, or replace equipment and 
                facilities of the United States maritime transportation 
                system that the Maritime Administrator determines is in 
                danger of suffering serious physical damage, or has 
                suffered serious physical damage, as a result of an 
                emergency; and
                    ``(B) eligible operating costs of United States 
                maritime transportation equipment and facilities in an 
                area directly affected by an emergency during--
                            ``(i) the 1-year period beginning on the 
                        date of a declaration described in subsections 
                        (a)(4)(A) and (a)(4)(B); and
                            ``(ii) an additional 1-year period 
                        beginning 1 year after the date of a 
                        declaration described in subsections (a)(4)(A) 
                        and (a)(4)(B), if the Maritime Administrator, 
                        in consultation with the Administrator of the 
                        Federal Emergency Management Administration, 
                        determines there is a compelling need arising 
                        out of the emergency for which the declaration 
                        is made.
    ``(c) Allocation.--The Maritime Administrator shall determine an 
appropriate method for the equitable allocation and distribution of 
funds under this section to eligible State entities and eligible 
entities.
    ``(d) Applications.--An applicant for assistance under this section 
shall submit an application for such assistance to the Maritime 
Administrator at such time, in such manner, and containing such 
information and assurances as the Maritime Administrator may require.
    ``(e) Coordination of Emergency Funds.--
            ``(1) Use of funds.--Funds appropriated to carry out this 
        section shall be in addition to any other funds available under 
        this chapter.
            ``(2) No effect on other government activity.--The 
        provision of funds under this section shall not affect the 
        ability of any other agency of the Government, including the 
        Federal Emergency Management Agency, or a State agency, a local 
        governmental entity, organization, or person, to provide any 
        other funds otherwise authorized by law.
    ``(f) Grant Requirements.--A grant awarded under this section that 
is made to address an emergency defined under subsection (a)(4)(B) 
shall be--
            ``(1) subject to the terms and conditions the Maritime 
        Administrator determines are necessary; and
            ``(2) made only for expenses that are not reimbursed under 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5121 et seq.) or any Federal, State, or local 
        assistance program.
    ``(g) Federal Share of Costs.--The Federal share payable of the 
costs for which a grant is made under this section shall be 100 
percent.
    ``(h) Administrative Costs.--Of the amounts available to carry out 
this section, not more than one-half of one percent may be used for 
administration of this section.
    ``(i) Quality Assurance.--The Maritime Administrator shall 
institute adequate policies, procedures, and internal controls to 
prevent waste, fraud, abuse, and program mismanagement for the 
distribution of funds under this section.
    ``(j) Reports.--The Maritime Administrator shall annually report to 
the Congress regarding financial assistance provided under this 
section, including a description of such assistance.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``50308. Maritime transportation system emergency relief program.''.
    (c) Inclusion of COVID-19 Pandemic Public Health Emergency.--For 
purposes of section 50308 of title 46, United States Code, as amended 
by subsection (a), the public health emergency declared pursuant to 
section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting 
from the COVID-19 pandemic shall be treated as an emergency.
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