[Congressional Record Volume 164, Number 93 (Wednesday, June 6, 2018)]
[Senate]
[Pages S3234-S3237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2313. Mr. PETERS (for himself and Mrs. Fischer) submitted an
amendment intended to be proposed by him to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
Strike title XXXV and insert the following:
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Transportation for
fiscal year 2019, to be available without fiscal year
limitation if so provided in appropriations Acts, the
following amounts for programs associated with maintaining
the United States merchant marine:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $69,000,000 for Academy
operations.
(2) For expenses necessary to support the State maritime
academies, $32,200,000, of which--
(A) $2,400,000 shall remain available until September 30,
2020, for the Student Incentive Program;
(B) $6,000,000 shall remain available until expended for
direct payments to such academies;
(C) $22,000,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels; and
(D) $1,800,000 shall remain available until expended for
training ship fuel assistance.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $300,000,000, which shall
remain available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $60,442,000, of which
$5,000,000 shall remain available until expended for port
infrastructure development under section 50302 of title 46,
United States Code.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $6,000,000, which shall
remain available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag merchant marine to serve the national
security needs of the United States under chapter 531 of
title 46, United States Code, $300,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5))) of loan guarantees under the program; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(b) Capital Asset Management Program Report.--Not later
than 180 days after the date of the enactment of this Act,
the Maritime Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the status of unexpended
appropriations for capital asset management at the United
States Merchant Marine Academy, and the plan for expending
such appropriations.
SEC. 3502. CONCURRENT JURISDICTION.
Notwithstanding any other law, the Secretary of
Transportation may relinquish, at the Secretary's discretion,
to the State of New York, such measure of legislative
jurisdiction over the lands constituting the United States
Merchant Marine Academy in King's Point, New York, as is
necessary to establish concurrent jurisdiction between the
Federal Government and the State of New York. Such partial
relinquishment of legislative jurisdiction shall be
accomplished--
(1) by filing with the Governor of New York a notice of
relinquishment to take effect upon acceptance thereof; or
(2) as the laws of that State may provide.
[[Page S3235]]
SEC. 3503. UNITED STATES MERCHANT MARINE ACADEMY POLICY ON
SEXUAL HARASSMENT, DATING VIOLENCE, DOMESTIC
VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(a) Policy on Sexual Harassment, Dating Violence, Domestic
Violence, Sexual Assault, and Stalking.--Section 51318 of
title 46, United States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``and prevention''
after ``awareness'';
(B) by redesignating subparagraph (B) as subparagraph (C),
and subparagraphs (C) through (F) as subparagraphs (E)
through (H), respectively;
(C) by inserting after subparagraph (A) the following:
``(B) procedures for documenting, tracking, and maintaining
the data required to conduct the annual assessments to
determine the effectiveness of the policies, procedures, and
training program of the Academy with respect to sexual
harassment, dating violence, domestic violence, sexual
assault, and stalking involving cadets or other Academy
personnel, as required by subsection (c);''; and
(D) by inserting after subparagraph (C), as redesignated by
subparagraph (B), the following:
``(D) procedures for investigating sexual harassment,
dating violence, domestic violence, sexual assault, or
stalking involving a cadet or other Academy personnel to
determine whether disciplinary action is necessary;'';
(2) in subsection (b)(2)(A), by inserting ``and other
Academy personnel'' after ``cadets at the Academy''; and
(3) in subsection (d)--
(A) in paragraph (2)(A) by inserting ``, including sexual
harassment,'' after ``sexual assaults, rapes, and other
sexual offenses''; and
(B) in paragraph (4)(B), by striking ``The Secretary'' and
inserting ``Not later than January 15 of each year, the
Secretary''.
(b) Implementation.--The Superintendent of the United
States Merchant Marine Academy may implement the amendment to
subsection (b)(2)(A) of section 51318 of title 46, United
States Code, made by subsection (a)(2), by updating an
existing plan issued pursuant to the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
SEC. 3504. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS FOR
THE UNITED STATES MERCHANT MARINE ACADEMY
SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.
Not later than April 1, 2019, the Maritime Administrator
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed
Services and the Committee on Transportation and
Infrastructure of the House of Representatives a report
describing the progress of the Maritime Administration in
implementing and closing each of the recommendations made in
the Office of Inspector General's Report issued March 28,
2018 (ST-2018-039) identifying gaps in the United States
Merchant Marine Academy's Sexual Assault Prevention and
Response Program.
SEC. 3505. REPORT ON THE APPLICATION OF THE UNIFORM CODE OF
MILITARY JUSTICE TO THE UNITED STATES MERCHANT
MARINE ACADEMY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Maritime Administrator shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed
Services and the Committee on Transportation and
Infrastructure of the House of Representatives on the
impediments to the application of the Uniform Code of
Military Justice at the United States Merchant Marine
Academy.
(b) Consultation.--The Maritime Administrator may, in
preparing the report under subsection (a), consult with the
Department of Defense, other Federal agencies, and non-
Federal entities, as appropriate.
SEC. 3506. ELECTRONIC RECORDS ON MARINER AVAILABILITY TO MEET
NATIONAL SECURITY NEEDS.
Section 7502 of title 46, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) The Secretary shall coordinate with the Secretary of
Transportation to ensure that, to the extent feasible,
electronic records provide information on mariner
availability and respective credentials to meet national
security needs for credentialed mariners crewing strategic
sealift vessels.''.
SEC. 3507. SMALL SHIPYARD GRANTS.
Section 54101(b) of title 46, United States Code, is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Timing of grant notice.--The Administrator shall post
a Notice of Funding Opportunity regarding grants awarded
under this section not more than 15 days after the date of
enactment of the appropriations Act for the fiscal year
concerned.''; and
(3) in paragraph (4), as redesignated by paragraph (1), by
striking ``paragraph (2)'' and inserting ``paragraph (3)''.
SEC. 3508. DOMESTIC SHIP RECYCLING FACILITIES.
Section 3502 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398;
54 U.S.C. 308704 note) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Scrapping of Imported Vessels.--
``(1) In general.--Notwithstanding any other provision of
law, domestic ship scrapping facilities selected by the
Secretary of Transportation in accordance with subsection (b)
may import into the United States, for the purpose of
dismantling, marine vessels that contain regulated levels of
polychlorinated biphenyls that are integral to a vessel's
structure, equipment, or systems necessary for its operation.
``(2) No tsca prior authorization required.--In lieu of
rulemaking by the Administrator of the Environmental
Protection Agency under section 6(e) of the Toxic Substances
Control Act (15 U.S.C. 2605(e)), imports of vessels
containing regulated levels of polychlorinated biphenyls
shall be subject to prior notification and consent in
accordance with this subsection.
``(3) Notification.--
``(A) Contents.--An importer of 1 or more vessels
containing regulated levels of polychlorinated biphenyls
shall submit a notification to the Environmental Protection
Agency not less than 75 days before a vessel is imported into
the United States under this subsection. The import
notification may cover up to one year of shipments of vessels
containing regulated levels of polychlorinated biphenyls
being sent to the same ship scrapping facility, and shall
contain, at a minimum, the following items:
``(i) The name, contact name, address, telephone number,
email address, and EPA Identification Number (if applicable)
of the ship scrapping facility and the recognized trader, if
the ship scrapping facility is not the importer.
``(ii) The name, contact name, address, telephone number,
email address, and EPA Identification Number (if applicable)
of each facility where polychlorinated biphenyls or hazardous
materials contained on a vessel will be stored and disposed
of, including any polychlorinated biphenyls storage or
disposal facility approved under the Toxic Substances Control
Act (15 U.S.C. 2601 et seq.).
``(iii) The types of polychlorinated biphenyls or
polychlorinated biphenyls items expected to be removed from
the vessels.
``(iv) The number of vessels proposed for import and
maximum tonnage.
``(v) The period of time covered by the import notice (not
to exceed one year) and the start and end dates of shipment.
``(B) Form.--Each notice under this paragraph shall be
clearly marked `PCB Waste Import Notice' and shall be
submitted to the Environmental Protection Agency in such form
and manner as the Environmental Protection Agency may
require.
``(C) Revised notification.--If an importer wishes to
change any of the information specified on the original
notification, the importer must submit a revised
notification, containing notification of the changes, to the
Environmental Protection Agency.
``(4) Consent.--
``(A) In general.--An importer shall not import vessels
containing regulated levels of polychlorinated biphenyls
until the importer has received consent from the
Administrator of the Environmental Protection Agency.
``(B) Terms.--Importers shall only import vessels under the
terms of the consent issued by the Administrator of the
Environmental Protection Agency under this paragraph and
subject to the condition that the facility shall establish a
valid written contract, chain of contracts, or equivalent
arrangements with other United States facilities, where
applicable, to manage the polychlorinated biphenyls and
hazardous waste expected to be removed from the vessel or
vessels.
``(5) Report to the environmental protection agency.--Any
ship scrapping facility authorized by this subsection to
import vessels containing regulated levels of polychlorinated
biphenyls shall file with the Administrator of the
Environmental Protection Agency, not later than April 1 of
each year, a report providing, for each vessel imported in
accordance with this subsection, the following information:
``(A) The vessel name and approximated tonnage.
``(B) Registration number and flag of the vessel.
``(C) The date of import.
``(D) The types, quantities, and final destination of all
polychlorinated biphenyls and hazardous waste removed.
``(E) The EPA-issued consent number under which the vessel
was imported.
``(6) Applicable laws.--Once a vessel has been imported
pursuant to this subsection, the manufacturing, processing,
distribution in commerce, use, and disposal of any
polychlorinated biphenyls and hazardous waste contained on
the vessel shall be carried out in accordance with applicable
Federal, State, and local laws and regulations.
``(7) Authority.--The Administrator of the Environmental
Protection Agency may promulgate additional standards or
procedures for the import of ships that contain regulated
levels of polychlorinated biphenyls and hazardous waste, for
the purpose of recycling, under this subsection, if--
``(A) the benefits of such additional standards or
procedures exceed the costs of those standards or procedures;
[[Page S3236]]
``(B) not later than 180 days prior to promulgating such
additional standards or procedures, the Administrator of the
Environmental Protection Agency submits a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives demonstrating compliance with
subparagraph (A) and the reasons such standards or procedures
are necessary; and
``(C) the Administrator of the Environmental Protection
Agency receives the concurrence of the Maritime Administrator
on any such additional standards or procedures.''.
SEC. 3509. SEA YEAR ON CONTRACTED VESSELS.
Section 51307 of title 46, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary'';
(2) in paragraph (1) of subsection (a), by striking ``owned
or subsidized by'' and inserting ``owned, subsidized by, or
contracted with''; and
(3) by adding at the end the following:
``(b) Maritime Security Program Vessels.--The Secretary
shall require an operator of a vessel participating in the
Maritime Security Program under chapter 531 of this title to
carry on each Maritime Security Program vessel 2 United
States Merchant Marine Academy cadets, if available, on each
voyage.
``(c) Military Sealift Command Vessels.--
``(1) In general.--Except as provided in paragraph (2), the
Commander of the Military Sealift Command shall require an
operator of a vessel in the United States Navy's Military
Sealift Command to carry on each such vessel 2 United States
Merchant Marine Academy cadets, if available, on each voyage,
if the vessel--
``(A) is flagged in the United States; and
``(B) is rated at 10,000 gross tons or higher.
``(2) Waiver.--The Commander of the Military Sealift
Command may waive the requirement under paragraph (1) at any
time if the Commander determines that carrying a cadet from
the United States Merchant Marine Academy would place an
undue burden on the vessel or the operator of the vessel.
``(d) Definition of Operator.--In this section, the term
`operator' includes a government operator and a non-
government operator.
``(e) Savings Clause.--Nothing in this section may be
construed as affecting--
``(1) the discretion of the Secretary to determine whether
to place a United States Merchant Marine Academy cadet on a
vessel;
``(2) the authority of the Coast Guard regarding a vessel
security plan approved under section 70103; or
``(3) the discretion of the master of the vessel to ensure
the safety of all crew members.''.
SEC. 3510. GAO REPORT ON NATIONAL MARITIME STRATEGY.
The Comptroller General of the United States shall complete
a study and submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Armed Services
of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of
Representatives, a report on--
(1) the key challenges, if any, to ensuring that the United
States marine transportation system and merchant marine are
sufficient to support United States economic and defense
needs, as articulated by the Maritime Administration, the
Committee on the Marine Transportation System, and other
stakeholders;
(2) the extent to which a national maritime strategy
incorporates desirable characteristics of successful national
strategies as identified by the Comptroller General, and any
key obstacles (as identified by stakeholders) to successfully
implementing such strategies; and
(3) the extent to which Federal efforts to establish
national maritime strategy are duplicative or fragmented, and
if so, the impact on United States maritime policy for the
future.
SEC. 3511. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL
REPORT ON TITLE XI PROGRAM.
Not later than 180 days after the date of enactment of this
Act, the Department of Transportation Office of Inspector
General shall--
(1) initiate an audit of the financial controls and
protections included in the policies and procedures of the
Department of Transportation for approving loan applications
for the loan guarantee program authorized under chapter 537
of title 46, United States Code; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed
Services and the Committee on Transportation and
Infrastructure of the House of Representatives a report
containing the results of that audit once the audit is
completed.
SEC. 3512. MULTI-YEAR CONTRACTS.
Nothing in section 3505 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
may be construed to prohibit the Maritime Administration from
entering into a multi-year contract for the procurement of up
to 5 new vessels within the National Security Multi-Mission
Vessel Program and associated government-furnished equipment,
subject to the availability of appropriations.
SEC. 3513. USE OF STATE MARITIME ACADEMY TRAINING VESSELS.
Section 51504(g) of title 46, United States Code, is
amended to read as follows:
``(g) Vessel Capacity Sharing.--
``(1) In general.--Not later than 90 days after the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2019, the Secretary, acting through the Maritime
Administrator, shall upon consultation with the maritime
academies, and to the extent feasible with the consent of the
maritime academies, implement a program of training vessel
capacity sharing, requiring maritime academies to share
training vessel capacity provided by the Secretary among
maritime academies, as necessary to ensure that training
needs of each academy are met.
``(2) Program of vessel capacity sharing.--For purposes of
this subsection, a program of vessel capacity sharing shall
include--
``(A) ways to maximize the available underway training
capacity available in the fleet of training vessels;
``(B) coordinating the dates and duration of training
cruises with the academic calendars of maritime academies;
``(C) coordinating academic programs designed to be
implemented aboard training vessels among maritime academies;
and
``(D) identifying ways to minimize costs.
``(3) Evaluation.--Not later than 30 days after the
beginning of each fiscal year, the Secretary, acting through
the Maritime Administrator, shall evaluate the vessel
capacity sharing program under this subsection to determine
the optimal utilization of State maritime training vessels,
and modify the program as necessary to improve
utilization.''.
SEC. 3514. PERMANENT AUTHORITY OF SECRETARY OF TRANSPORTATION
TO ISSUE VESSEL WAR RISK INSURANCE.
(a) In General.--Section 53912 of title 46, United States
Code, is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 539 of title 46, United States Code, is
amended by striking the item relating to section 53912.
SEC. 3515. NAVIGATION SYSTEM STUDY AND REPORT.
(a) Study of the Great Lakes System.--
(1) In general.--The Comptroller General of the United
States shall conduct a comprehensive study of the Great Lakes
- Saint Lawrence Seaway navigation system (referred to in
this section as the ``Great Lakes System'') that examines the
current state of the system and makes recommendations for
improvements.
(2) Contents.--The study--
(A) shall examine, with respect to the Great Lakes System--
(i) typical cargo routing options;
(ii) the cost profile of each route and alternative routes;
(iii) port infrastructure quality;
(iv) intermodal connections;
(v) competing transportation options, including air, rail,
and ground transportation and their relative market position;
(vi) taxes and fees imposed on vessels;
(vii) marketing efforts to increase shipments;
(viii) subsidies provided to the Great Lakes System and to
competing cargo transportation systems;
(ix) the condition of the docks at each port;
(x) United States and Canadian Government icebreaking
capabilities to facilitate commercial shipping;
(xi) the maritime safety and marine casualty statistics for
commercial vessels transiting the Great Lakes System; and
(xii) the condition of vessel navigation infrastructure
(such as channels, locks, jetties, and breakwaters) and
efforts to maintain, upgrade, or replace that infrastructure;
and
(B) shall make recommendations on--
(i) the level of additional investment needed to improve
the Great Lakes System;
(ii) any benefits of increased Federal or State investment
in the Great Lakes System; and
(iii) any regulatory or competitive burdens impeding growth
of the Great Lakes System.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Co-
Chairs of the Great Lakes Task Force of the Senate and of the
House of Representatives a report containing the results of
the study conducted under this section.
SEC. 3516. MISCELLANEOUS.
(a) Noncommercial Vessels.--Section 3514(a) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 46 U.S.C. 51318 note) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins accordingly; and
(3) by adding at the end the following:
``(2) Noncommercial vessels.--For the purposes of this
section, vessels operated by any of the following entities
shall not be considered commercial vessels:
``(A) Any entity or agency of the United States.
``(B) The government of a State or territory.
[[Page S3237]]
``(C) Any political subdivision of a State or territory.
``(D) Any other municipal organization.''.
(b) Passenger Records.--Section 51322(c) of title 46,
United States Code, is amended to read as follows:
``(c) Maintenance of Sexual Assault Training Records.--The
Maritime Administrator shall require the owner or operator of
a commercial vessel, or the seafarer union for a commercial
vessel, to maintain records of sexual assault training for
any person required to have such training.''.
(c) National Oceanic and Atmospheric Administration.--
Section 3134 of title 40, United States Code, is amended by
adding at the end the following:
``(c) National Oceanic and Atmospheric Administration.--The
Secretary of Commerce may waive this subchapter with respect
to contracts for the construction, alteration, or repair of
vessels, regardless of the terms of the contracts as to
payment or title, when the contract is made under the Act
entitled `An Act to define the functions and duties of the
Coast and Geodetic Survey, and for other purposes', approved
August 6, 1947 (33 U.S.C. 883a et seq.).''.
(d) Annual Payments for Maintenance and Support.--Section
51505(b)(2) of title 46 is amended to read as follows:
``(2) Maximum.--The amount under paragraph (1) may not be
more than $25,000, unless the academy satisfies section
51506(b) of this title.''.
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