[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3816 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3816

  To amend title 46, United States Code, to establish a United States 
            Marine Highway Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 10 (legislative day, March 7), 2022

Mr. Wicker (for himself and Mr. Peters) 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 establish a United States 
            Marine Highway Program, 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 ``Marine Highway Promotion Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Our Nation's waterways are an integral part of the 
        transporation network of the United States.
            (2) Using the Nation's coastal, inland, and other waterways 
        can support commercial transportation, and alleviates surface 
        transportation congestion and burdensome road and bridge repair 
        costs.
            (3) Marine highways are serviced by documented United 
        States Flag vessels and manned by United States citizens, 
        providing added resources for national security and to aid in 
        times of crisis.
            (4) According to the United States Army Corps of Engineers, 
        inland navigation is a key element of economics development and 
        is essential in maintaining economic competitiveness and 
        national security.

SEC. 3. UNITED STATES MARINE HIGHWAY PROGRAM.

    (a) In General.--Section 55601 of title 46, United States Code, is 
amended to read as follows:
``Sec. 55601. United States marine highway program
    ``(a) Program.--
            ``(1) Establishment.--The Maritime Administrator shall 
        establish a marine highway program to be known as the `United 
        States marine highway program'. Under such program, the 
        Maritime Administrator shall--
                    ``(A) designate marine highway routes as extensions 
                of the surface transportation system under subsection 
                (b); and
                    ``(B) subject to the availability of 
                appropriations, make grants and enter into contracts 
                and cooperative agreements under subsection (c).
            ``(2) Program activities.--In carrying out the marine 
        highway program established under paragraph (1), the Maritime 
        Administrator may--
                    ``(A) coordinate with ports, State departments of 
                transportation, localities, other public agencies, and 
                the private sector on the development of landside 
                facilities and infrastructure to support marine highway 
                transportation;
                    ``(B) develop performance measures for such marine 
                highway program;
                    ``(C) collect and disseminate data for the 
                designation and delineation of marine highway routes 
                under subsection (b); and
                    ``(D) conduct research on solutions to impediments 
                to marine highway services eligible for assistance 
                under subsection (c)(1).
    ``(b) Designation of Marine Highway Routes.--
            ``(1) Authority.--The Maritime Administrator may designate 
        or modify a marine highway route as an extension of the surface 
        transportation system if--
                    ``(A) such a designation or modification is 
                requested by the Governor of a State or territory; and
                    ``(B) the Maritime Administrator determines such 
                marine highway route satisfies at least one covered 
                function under subsection (d).
            ``(2) Determination.--Not later than 180 days after the 
        date on which the Maritime Administrator receives a request for 
        designation or modification of a marine highway route under 
        paragraph (1), the Maritime Administrator shall make a 
        determination of whether to make the requested designation or 
        modification.
            ``(3) Notification.--Not later than 14 days after the date 
        on which the Maritime Administrator makes the determination 
        whether to make the requested designation or modification, the 
        Maritime Administrator shall send the requester a notification 
        of the determination.
            ``(4) Map.--Not later than 120 days after the date of 
        enactment of the United States Marine Highway Promotion Act, 
        and thereafter each time a marine highway route is designated 
        or modified, the Administrator shall make publicly available a 
        map showing the location of marine highway routes, including 
        such routes along the coasts, in the inland waterways, and at 
        sea.
    ``(c) Assistance for Marine Highway Services.--
            ``(1) In general.--The Maritime Administrator may make 
        grants to, or enter into contracts or cooperative agreements 
        with an applicant to implement a marine highway service or 
        component of a marine highway service, if the Administrator 
        determines the service--
                    ``(A) satisfies at least one covered function under 
                subsection (d);
                    ``(B) uses vessels documented under chapter 121;
                    ``(C) develops, expands, or promotes--
                            ``(i) marine highway transportation 
                        services;
                            ``(ii) shipper utilization of marine 
                        highway transportation; or
                            ``(iii) infrastructure for which assistance 
                        is not available under section 5307(h) of title 
                        49; or
                    ``(D) implements strategies developed under section 
                55603.
            ``(2) Application.--To be eligible to receive a grant or 
        enter into a contract or cooperative agreement under this 
        subsection to implement a marine highway service, an applicant 
        shall--
                    ``(A) submit an application in such form and 
                manner, at such time, and containing such information 
                as the Maritime Administrator may require, including a 
                comprehensive description of--
                            ``(i) the regions to be served by the 
                        marine highway service;
                            ``(ii) the marine highway route that the 
                        service will use, which may include connection 
                        to existing or planned transportation 
                        infrastructure and intermodal facilities, key 
                        navigational factors such as available draft, 
                        channel width, bridge air draft, or lock 
                        clearance, and any foreseeable impacts on 
                        navigation or commerce, and a map of the 
                        proposed route;
                            ``(iii) the marine highway service 
                        supporters, which may include business 
                        affiliations, private sector stakeholders, 
                        State departments of transportation, 
                        metropolitan planning organizations, 
                        municipalities, or other governmental entities 
                        (including Tribal governments), as applicable;
                            ``(iv) the estimated volume of passengers 
                        or cargo using the service, and predicted 
                        changes in such volume during the 5-year period 
                        following the date of the application;
                            ``(v) the need for the service;
                            ``(vi) the definition of the success goal 
                        for the service, such as volumes of cargo or 
                        passengers moved, or contribution to 
                        environmental mitigation, safety, reduced 
                        vehicle miles traveled, or reduced maintenance 
                        and repair costs;
                            ``(vii) the methodology for implementing 
                        the service, including a description of the 
                        proposed operational framework of the service 
                        including the origin, destination, and any 
                        intermediate stops on the route, transit times, 
                        vessel types, and service frequency; and
                            ``(viii) any existing programs or 
                        arrangements that can be used to supplement or 
                        leverage assistance under the program; and
                    ``(B) demonstrate to the satisfaction of the 
                Maritime Administrator that--
                            ``(i) the marine highway service is 
                        financially viable;
                            ``(ii) the funds or other assistance 
                        provided under this subsection will be spent or 
                        used efficiently and effectively; and
                            ``(iii) a market exists for the services of 
                        the proposed marine highway service, as 
                        evidenced by contracts or written statements of 
                        intent from potential customers.
            ``(3) Timing of grant notice.--The Maritime Administrator 
        shall post a Notice of Funding Opportunity regarding grants, 
        contracts, and cooperative agreements under this subsection not 
        more than 90 days after the date of enactment of the 
        appropriations Act for the fiscal year concerned.
            ``(4) Grant application feedback.--Following the award of 
        grants for a particular fiscal year, the Maritime Administrator 
        may provide feedback to applicants to help applicants improve 
        future applications if the feedback is requested by that 
        applicant.
            ``(5) Timing of grants.--The Maritime Administrator shall 
        award grants, contracts, and cooperative agreements under this 
        subsection not later than 270 days after the date of the 
        enactment of the appropriations Act for the fiscal year 
        concerned.
            ``(6) Non-federal share.--
                    ``(A) In general.--An applicant shall provide not 
                less than 20 percent of the costs from non-Federal 
                sources, except as provided in subparagraph (B).
                    ``(B) Rural areas.--The Maritime Administrator may 
                increase the Federal share of service costs above 80 
                percent for a service located in a rural area.
                    ``(C) Preference.--In awarding grants, or entering 
                in contracts or cooperative agreements under this 
                subsection, the Maritime Administrator shall give a 
                preference to marine highway services that present the 
                most financially viable transportation services and 
                require the lowest percentage Federal share of the 
                costs.
            ``(7) Reuse of unexpended grant funds.--Notwithstanding 
        paragraph (5), amounts awarded under this subsection that are 
        not expended by the recipient for 3 fiscal years after the 
        award is made shall be returned to the Maritime Administrator 
        and remain available to make grants and enter into contracts 
        and cooperative agreements under this subsection.
            ``(8) Administrative costs.--Not more than 3 percent of the 
        total amount made available to carry out this subsection for 
        any fiscal year may be used for the necessary administrative 
        costs associated with grants, contracts, and cooperative 
        agreements made under this subsection.
            ``(9) Procedural safeguards.--The Maritime Administrator, 
        in consultation with the Office of the Inspector General, shall 
        issue guidelines to establish appropriate accounting, 
        reporting, and review procedures to ensure that--
                    ``(A) amounts made available to carry out this 
                subsection are used for the purposes for which they 
                were made available;
                    ``(B) recipients of funds under this subsection 
                (including through grants, contracts, or cooperative 
                agreements) have properly accounted for all 
                expenditures of such funds; and
                    ``(C) any such funds that are not obligated or 
                expended for the purposes for which they were made 
                available are returned to the Administrator.
            ``(10) Conditions on provision of funds.--The Maritime 
        Administrator may not award funds an applicant under this 
        subsection unless the Maritime Administrator determines that--
                    ``(A) sufficient funding is available to meet the 
                non-Federal share requirement of paragraph (6);
                    ``(B) the marine highway service for which such 
                funds are provided will be completed without 
                unreasonable delay; and
                    ``(C) the recipient of such funds has authority to 
                implement the proposed marine highway service.
    ``(d) Covered Functions.--A covered function under this subsection 
is one of the following:
            ``(1) Promotion of marine highway transportation.
            ``(2) Provision of a coordinated and capable alternative to 
        landside transportation.
            ``(3) Mitigation or relief of landside congestion.
    ``(e) Prohibited Uses.--Funds awarded under this section may not be 
used to--
            ``(1) raise sunken vessels, construct buildings or other 
        physical facilities, or acquire land unless such activities are 
        necessary for the establishment or operation of a marine 
        highway service implemented using grant funds provided, or 
        pursuant to a contract or cooperative entered into under, 
        subsection (c); or
            ``(2) distribute resources outside the United States.
    ``(f) Geographic Distribution.--In making grants, contracts, and 
cooperative agreements under this section the Maritime Administrator 
shall take such measures so as to ensure an equitable geographic 
distribution of funds.
    ``(g) Audits and Examinations.--All recipients (including 
recipients of grants, contracts, and cooperative agreements) under this 
section shall maintain such records as the Maritime Administrator may 
require and make such records available for review and audit by the 
Maritime Administrator.''.

SEC. 4. MULTISTATE, STATE, AND REGIONAL TRANSPORTATION PLANNING.

    Chapter 556 of title 46, United States Code, is amended by 
inserting after section 55602 the following:

``SEC. 55603. MULTISTATE, STATE, AND REGIONAL TRANSPORTATION PLANNING.

    ``(a) In General.--The Maritime Administrator, in consultation with 
the heads of other appropriate Federal departments and agencies, State 
and local governments, and appropriate private sector entities, may 
develop strategies to encourage the use of marine highway 
transportation for the transportation of passengers and cargo.
    ``(b) Strategies.--If the Maritime Administrator develops the 
strategies described in subsection (a), the Maritime Administrator 
may--
            ``(1) assess the extent to which States and local 
        governments include marine highway transportation and other 
        marine transportation solutions in transportation planning;
            ``(2) encourage State departments of transportation to 
        develop strategies, where appropriate, to incorporate marine 
        highway transportation, ferries, and other marine 
        transportation solutions for regional and interstate transport 
        of freight and passengers in transportation planning; and
            ``(3) encourage groups of States and multistate 
        transportation entities to determine how marine highway 
        transportation can address congestion, bottlenecks, and other 
        interstate transportation challenges.''.

SEC. 5. RESEARCH ON MARINE HIGHWAY TRANSPORTATION.

    Section 55604 of title 46, United States Code, is amended--
            (1) by redesignating paragraphs (1) through (3) as 
        paragraphs (4) through (6), respectively; and
            (2) by inserting before paragraph (4), as redesignated by 
        paragraph (1), the following new paragraphs:
            ``(1) the economic importance of marine highway 
        transportation to the United States economy;
            ``(2) the importance of marine highway transportation to 
        rural areas;
            ``(3) pairs of United States regions and territories, and 
        within-region areas, that do not yet have marine highway 
        services underway, but that could benefit from the 
        establishment of marine highway services;''.

SEC. 6. DEFINITIONS.

    Section 55605 of title 46, United States Code, is amended to read 
as follows: ``
``Sec. 55605. Definitions
    ``In this chapter--
            ``(1) the term `marine highway transportation' means the 
        carriage by a documented vessel of cargo--
                    ``(A) that is--
                            ``(i) contained in intermodal cargo 
                        containers and loaded by crane on the vessel;
                            ``(ii) loaded on the vessel by means of 
                        wheeled technology;
                            ``(iii) shipped in discrete units or 
                        packages that are handled individually, 
                        palletized, or unitized for purposes of 
                        transportation; or
                            ``(iv) freight vehicles carried aboard 
                        commuter ferry boats; and
                    ``(B) that is--
                            ``(i) loaded at a port in the United States 
                        and unloaded either at another port in the 
                        United States or at a port in Canada or Mexico; 
                        or
                            ``(ii) loaded at a port in Canada or Mexico 
                        and unloaded at a port in the United States;
            ``(2) the term `marine highway service' means a planned or 
        contemplated new service, or expansion of an existing service, 
        on a marine highway route, that seeks to provide new modal 
        choices to shippers, offer more desirable services, reduce 
        transportation costs, or provide public benefits; and
            ``(3) the term `marine highway route' means a route on 
        commercially navigable coastal, inland, or intracoastal waters 
        of the United States, including connections between the United 
        States and contiguous territories, that is designated under 
        section 55601(b).''.

SEC. 7. CLERICAL AMENDMENTS.

    The analysis for chapter 556 of title 46, United States Code, is 
amended--
            (1) by striking the item relating to section 55601 and 
        inserting the following:

``55601. United States marine highway program.'';
            (2) by inserting after the item relating to section 55602 
        the following:

``55603. Multistate, State, and regional transportation planning.''; 
                            and
            (3) by striking the item relating to section 55605 and 
        inserting the following:

``55605. Definitions.''.
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