[Senate Report 115-292]
[From the U.S. Government Publishing Office]
Calendar No. 505
115th Congress} { Report
SENATE
2d Session } { 115-292
======================================================================
MARITIME AUTHORIZATION AND ENHANCEMENT ACT FOR FISCAL YEAR 2019
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2717
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
July 9, 2018.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2018
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan
MIKE LEE, Utah TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia MARGARETWOODHASSAN,NewHampshire
CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana JON TESTER, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 505
115th Congress} { Report
SENATE
2d Session } { 115-292
======================================================================
MARITIME AUTHORIZATION AND ENHANCEMENT ACT FOR FISCAL YEAR 2019
_______
July 9, 2018.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 2717]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2717) to reauthorize provisions
relating to the Maritime Administration, having considered the
same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill (as
amended) do pass.
Purpose of the Bill
The purpose of this legislation is to do the following:
support national defense and the United States Merchant Marine
by authorizing the Maritime Administration (MARAD) for fiscal
year (FY) 2019, including the National Security Multi-Mission
Vessel Program; implement Department of Transportation (DOT)
Office of Inspector General (OIG) recommendations to improve
protections and incident reporting related to sexual assault
and harassment; improve merchant mariner training for cadets by
providing additional opportunities for on-the-job experience
via the Sea Year program and by supporting State Maritime
Academy training vessels; and create new opportunities for
domestic ship recycling by streamlining the import process.
Background and Needs
MARAD was established in 1950 to foster, promote, and
develop the merchant marine industry of the United States.
MARAD, an operating administration within the DOT, is tasked
with the following: administering the Maritime Security Program
(MSP) to support 60 U.S.-flag vessels in the movement of cargo
on international waters, thereby supporting military sealift
capacity in times of war or national emergency; managing the
Ready Reserve Force, funded by the Department of Defense;
managing disposal of the National Defense Reserve Fleet (NDRF)
when ships are no longer deemed useful for defense or missions;
promoting U.S.-flag vessels by monitoring cargo preference
requirements; overseeing the U.S. Merchant Marine Academy
(USMMA) to educate future U.S. mariners; administering loan and
grant programs, including the Maritime Loan Guarantee Program
(Title XI Program) and Assistance to Small Shipyards Program;
promoting port infrastructure development and congestion
mitigation in the transportation system through education and
coordination; informing the Department of Homeland Security on
the availability of coastwise-qualified vessels supporting
State maritime academies; and other functions.
THE UNITED STATES MERCHANT MARINE ACADEMY (USMMA) AND STATE MARITIME
ACADEMIES
Overseen by MARAD, the USMMA is a Federal service academy
that has been training merchant mariners for more than 70
years, offering baccalaureate degrees specializing in
engineering and maritime transportation. In exchange for a
tuition waiver and room and board, a graduate incurs certain
service obligations. On June 23, 2016, the Middle States
Commission on Higher Education (MSCHE) placed the USMMA's
accreditation under warning status due to the USMMA's failure
to meet several of the MSCHE's accreditation standards.\1\ One
standard was related to sexual misconduct response provisions,
and the remaining issues were related to independence in
governance, budgeting, and administrative functions.
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\1\The Middle States Commission on Higher Education (MSCHE),
``Statement of Accreditation Status.'' (http://www.msche.org/Documents/
SAS/494/Statement%20of%20Accreditation%20
Status.htm).
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SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION
The Committee included provisions in the National Defense
Authorization Act (NDAA) for FY 2009 that require the Secretary
of Transportation (Secretary) and the USMMA to implement
policies that would address sexual assault and harassment at
the USMMA.\2\ An October 2014 DOT Inspector General (IG) report
noted deficiencies in the USMMA's effort.\3\ All nine of the
report's recommendations have been resolved and closed, but
student surveys, focus group results, and accreditation board
findings have caused increased focus on these sexual assault
and harassment issues at the USMMA.
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\2\P.L. 110-417.
\3\U.S. Department of Transportation, ``Better Program Management
and Oversight are Required for USMMA's Efforts to Address Sexual
Assault and Harassment,'' 2014.
(https://www.oig.dot.gov/sites/default/files/
USMMA%20Sexual%20Assualt%20and%20Sexual
%20Harassment%20Audit%20Report%5E10-23-14.pdf).
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In response, the Committee included provisions in the NDAA
for FY 2018\4\ requiring MARAD to ensure each student
participating in the Sea Year program is provided or has access
to a functional satellite communication device. The law
prohibits the denial of the use of such device whenever the
student determines that use is necessary to prevent or report
sexual harassment or assault. The NDAA for FY 2018 also
requires actions at the USMMA to address sexual harassment,
dating violence, domestic violence, sexual assault, and
stalking. These actions include minimum training requirements
for staff, minimum procedures for handling reports, minimum
requirements to combat retaliation, minimum training
requirements for cadets, requirements for sexual assault
response coordinators, access to an emergency helpline,
requirements for protection of USMMA cadets onboard commercial
vessels, and training requirements for sexual assault
investigators.
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\4\P.L. 115-91.
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In March 2018, the DOT IG reported on the effectiveness of
the USMMA's Sexual Assault Prevention and Response program.\5\
They found that MARAD and the USMMA have made progress
implementing recommendations from past studies and action
plans, but have missed target dates and lack a risk-based
approach to prioritization. The USMMA reported completion of 62
of 138 recommendations derived from past studies and action
plans, including those necessary to maintain its accreditation.
The report found that the USMMA's lack of full compliance with
its procedures, particularly for sexual harassment, limits its
ability to respond to incidents and report to Congress. For
example, the USMMA lacks documentation related to reports of
sexual harassment, which impacts its ability to provide
survivor services and accurately assess its progress in
addressing sexual harassment. The DOT IG made recommendations
to improve the program's effectiveness.
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\5\U.S. Department of Transportation, ``Gaps in USMMA's Sexual
Assault Prevention and Response Program Limit Its Effectiveness,''
2018. (https://www.oig.dot.gov/sites/default/files/
USMMA%20SAPR%20Final%20Report.pdf).
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The National Security Multi-Mission Vessel (NSMV) Program,
also known as the School Ship Replacement Program, is charged
with replacing training ships for the USMMA and the six State
Maritime Academies (SMAs). In accordance with section 51504 of
title 46, United States Code, six National Defense Reserve
Fleet training ships are on loan from MARAD to each of the six
SMAs under a custodial agreement. While the MARAD FY 2018 and
FY 2019 budget requests did not include funds for replacement
of the training ships, the White House issued an Addendum to
the FY 2019 Budget requesting $300 million for the retrofitting
of two used cargo vessels in order to replace two of the
existing, aging SMA vessels.\6\ The Consolidated Appropriations
Act, 2018 included $300 million for the NSMV Program to
construct and design a new SMA training vessel.\7\
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\6\Addendum to the FY 2019 Budget Request, February 12, 2018.
(https://www.whitehouse.gov/wp-content/uploads/2018/02/Addendum-to-the-
FY-2019-Budget.pdf).
\7\P.L. 115-141.
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MANAGEMENT OF THE MARITIME ADMINISTRATION
In 2017, MARAD contracted with the National Academy of
Public Administration (NAPA) to undertake an independent review
of the agency's core functions, its role within the DOT, and
its benefit to the Nation. The report on the independent review
found that MARAD has broad statutory missions directed toward
maritime industry support, mariner training, and national
security.\8\ The report also found that programs are generally
directed toward ensuring that the country has a sufficient
number of U.S.-flag vessels and U.S.-citizen qualified
mariners. The report offered 27 recommendations, all of which
MARAD committed to giving full consideration.\9\
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\8\National Academy of Public Administration. 2017. Maritime
Administration: Defining Its Mission, Aligning Its Programs, and
Meeting Its Objectives. (https://www.napawash.org/uploads/
Academy_Studies/11.27.17_MARAD_FINAL_Report.pdf).
\9\Maritime Administration. Statement from Maritime Administration
on the National Academy of Public Administration Report.
(https://www.marad.dot.gov/newsroom/news_release/2017/statement-from-
maritime-
administration-on-the-national-academy-of-public-administration-
pendingdraftworkflow/).
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The Maritime Workforce Working Group (MWWG) is required by
section 3517 of the NDAA for FY 2017.\10\ The purpose of the
group is to produce a report assessing the number of citizen
mariners available to crew the surge sealift fleet in times of
national emergency, and to determine whether the Coast Guard's
Merchant Mariner Licensing and Documentation System is valuable
to MARAD for assessing the number of qualified mariners. The
report, released in September 2017, found there were sufficient
mariners to crew the Ready Reserve Force for a short-term
surge. For a long-term surge, the report found approximately 20
percent more mariners would be needed to sustain the surge
fleet and concurrently operate the commercial fleet.\11\
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\10\P.L. 113-328.
\11\Maritime Administration. Maritime Workforce Working Group
Report. 2017. (https://www.marad.dot.gov/wp-content/uploads/pdf/MWWG-
Report-to-Congress-FINALR3.pdf).
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For years in which required by the NDAA for FY 2017, MARAD
may submit to the Committee a combined document including both
the Biennial Assessment of the Ship Disposal Program and the
annual Vessel Operating Revolving Fund (VORF) Transactions
Report. The Committee also encourages MARAD to consider
consolidating additional public ship disposal reports not
mandated by Congress, such as the Office of Ship Disposal
Programs Annual Report, into this combined yearly report and to
make this document publicly available on MARAD's website.
Summary of Provisions
If enacted, S. 2717, the Maritime Authorization and
Enhancement Act for Fiscal Year 2019, would do the following:
Support national defense and the United States
Merchant Marine by reauthorizing MARAD, including the National
Security Multi-Mission Vessel Program.
Address DOT OIG recommendations to improve
protections and incident reporting related to sexual assault
and harassment.
Improve merchant mariner training for cadets by
providing additional opportunities for on-the-job experience
via the Sea Year program and by supporting State Maritime
Academy training vessels.
Create new opportunities for domestic ship recycling
by streamlining the import process.
Legislative History
MARAD is traditionally reauthorized annually as part of the
defense authorization bill. MARAD was last authorized on
December 12, 2017, as part of the NDAA for FY 2018; the agency
was reauthorized for FY 2018.
On April 24, 2018, the Committee's Subcommittee on Surface
Transportation and Merchant Marine Infrastructure, Safety, and
Security held a maritime transportation oversight hearing
entitled, ``Maritime Transportation: Opportunities and
Challenges,'' that, among other topics, examined opportunities
and challenges for MARAD and the USMMA. Mark H. Buzby, Maritime
Administrator and Rear Admiral James Helis, Superintendent of
the USMMA, testified on the challenges facing the U.S. maritime
sector and opportunities to ensure its long-term viability and
the implementation of the requirements of the NDAA for FY 2017
for the improvement of sexual assault and harassment prevention
and response at the USMMA.
On April 25, 2018, the Committee met in open Executive
Session and, by a voice vote, ordered S. 2717 to be reported
favorably with an amendment (in the nature of a substitute).
Senator Fischer offered an amendment (in nature of a
substitute) that was adopted. An additional amendment from
Senator Baldwin was also adopted; the amendment would add
certain Buy America provisions to the assistance for shipyards
grant program.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 2717--Maritime Authorization and Enhancement Act for Fiscal Year
2019
Summary: S. 2717 would reauthorize programs administered by
the Maritime Administration (MARAD), which oversees the
nation's merchant marine--the civilian mariners and fleet of
U.S. vessels engaged primarily in waterborne commerce. CBO
estimates that implementing S. 2717 would cost $500 million
over the 2019-2023 period, assuming appropriation of the
authorized amounts.
S. 2717 also would permanently extend MARAD's authority to
issue war risk insurance to certain vessels. Enacting that
provision would affect direct spending; therefore pay-as-you-go
procedures would apply, but CBO estimates that any such effects
would be negligible in any year. Enacting the bill would not
affect revenues.
CBO estimates that enacting S. 2717 would not significantly
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2029.
S. 2717 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 2717 is shown in the following table.
The costs of the legislation fall primarily within budget
function 400 (transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
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2018 2019 2020 2021 2022 2023 2019-2023
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level.................................. 0 500 0 0 0 0 500
Estimated Outlays.................................... 0 219 126 114 41 0 500
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Basis of estimate: For this estimate, CBO assumes that S.
2717 will be enacted near the start of fiscal year 2019.
S. 2717 would authorize appropriations totaling $500
million in 2019 for programs administered by MARAD, including:
$300 million to plan, design, and construct
training vessels through the National Security Multi-
Mission Vessel Program;
$69 million for the U.S. Merchant Marine
Academy;
$60 million for operations and program
support provided by MARAD's headquarters;
$33 million to guarantee loans used to
construct or modernize U.S. vessels or shipyards;
$32 million to provide financial and other
support to state maritime academies; and
$6 million to dispose of vessels in the
National Defense Reserve Fleet.
By comparison, funding provided to MARAD for those
activities in 2018 totals $554 million. Assuming appropriation
of the amounts authorized under S. 2717, CBO estimates that
implementing the bill would cost $219 million in 2019 and $500
million over the 2019-2023 period. That estimate is based on
historical spending patterns for MARAD.
This estimate does not include spending for the Maritime
Security Program, through which MARAD maintains a core fleet of
privately owned U.S. flag ships operating in international
commerce that are also available to provide additional capacity
to support the Department of Defense during war and national
emergencies. S. 2717 would authorize $300 million for that
program in 2019--the same amount that is already authorized for
that year under current law. As a result, this estimate
includes no additional spending related to that program, which
would fall within budget function 050 (defense).
Pay-As-You-Go considerations: S. 2717 would permanently
extend MARAD's authority to issue war risk insurance to certain
vessels. Under current law, MARAD is authorized, through 2020,
to provide such insurance to owners of private vessels (in
exchange for premiums) and to indemnify (at no cost) vessels
operating on behalf of the U.S. government. Because any
spending for claims related to such insurance would not be
contingent on further legislation, enacting the proposed
extension would increase direct spending. However, using
information from MARAD, CBO estimates that, on average,
expected costs for claims stemming from both the premium and
nonpremium lines of insurance issued to vessels (including
offsetting receipts from premiums charged to owners of private
vessels) would be negligible in any year.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 2717 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: S. 2717 contains no intergovernmental or private-
sector mandates as defined in UMRA.
Previous CBO estimate: On May 18, 2018, CBO transmitted a
cost estimate for H.R. 5515, the National Defense Authorization
Act for Fiscal Year 2019, as reported by the House Committee on
Armed Services on May 15, 2018. H.R. 5515 would authorize
appropriations for MARAD that total $565 million--$65 million
more than the amounts authorized under S. 2717; as a result,
our estimate of MARAD-related spending under H.R. 5515 is
higher. Both bills would permanently extend the agency's
authority to issue war risk insurance for certain vessels; our
estimates of the budgetary effects stemming from those
provisions are the same.
Estimate prepared by: Federal Costs: Megan Carroll;
Mandates: Jon Sperl.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
This measure, as reported, would not create any new
programs or impose any new significant regulatory requirements,
and, therefore, would not subject any individuals or businesses
to new significant regulations.
This measure would set new Buy America requirements for the
Assistance to Small Shipyards Program, though MARAD has
included Buy America requirements in grant requirements prior
to this statutory change. The program funds grants for an
estimated 10 to 15 shipyards per year.
This measure would affect students at the USMMA by making
improvements to the policy on sexual harassment and sexual
assault. This measure would authorize funding to begin
recapitalization of the fleet of school ships that are used by
the State Maritime Academies in Texas, Maine, Massachusetts,
New York, and California. Students at these academies would be
affected.
This measure would allow streamlined import of marine
vessels containing regulated levels of polychlorinated
biphenyls for recycling in U.S. shipyards, and would affect
both vessel importers and ship recyclers by allowing them
increased opportunities for vessel recycling.
ECONOMIC IMPACT
Enactment of this legislation is not expected to have any
significant adverse impacts on the Nation's economy. It should
have a positive impact by increasing the number of ships
recycled in United States shipyards.
PRIVACY
S. 2717 will not have any adverse impact on the privacy of
individuals.
PAPERWORK
S. 2717 would not impose substantial paperwork burden on
individuals or businesses. Where the bill does require
additional paperwork for vessel importers, this would be offset
by the benefits of increased opportunity for the U.S. ship
recycling industry. In addition, the bill would expand
requirements on MARAD to ensure it maintains data to conduct
annual assessments of the effectiveness of its policies,
procedures, and training on sexual assault and harassment and
to ensure data regarding sexual harassment are included in the
USMMA's annual report on the subject. It would also require
MARAD to submit a report to Congress describing its program in
implementing and completing each of the recommendations made in
the DOT OIG's report identifying gaps in the USMMA's Sexual
Assault Prevention and Response Program. Finally, it would
require MARAD to submit to Congress a report on the impediments
to the application of the Uniform Code of Military Justice at
the USMMA.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Sec. 1. Short title; table of contents.
This section would provide that the bill may be cited as
the ``Maritime Authorization and Enhancement Act for Fiscal
Year 2019'', and includes a table of contents.
Section 2. Authorization of the Maritime Administration.
This section would authorize appropriations for FY 2019 to
DOT for programs associated with maintaining the United States
merchant marine, including the USMMA, the SMAs, the National
Security Multi-Mission Vessel Program, MARAD operations and
programs, the ship disposal program, and the maritime
guaranteed loan program.
Section 3. Concurrent jurisdiction.
This section would allow the Secretary of Transportation to
relinquish, at the Secretary's discretion, certain jurisdiction
over the USMMA to local law enforcement, as necessary, to
enable concurrent jurisdiction with the State of New York. Such
authority would allow local law enforcement to prosecute
crimes, such as sexual assault, in lieu of Federal law
enforcement.
Section 4. United States Merchant Marine Academy policy on sexual
harassment, dating violence, domestic violence, sexual assault,
and stalking.
This section would require the USMMA policy on sexual
harassment and sexual assault to include procedures for
maintaining the data necessary to conduct annual assessments of
the effectiveness of its policies, procedures, and training. It
would also expand retaliation protections to include USMMA
personnel. It would clarify that data regarding sexual
harassment are required to be included in the USMMA's annual
report on sexual assault and harassment. This section is based
on recommendations from the DOT OIG's Report identifying gaps
in the USMMA's Sexual Assault Prevention and Response Program.
Section 5. Report on implementation of recommendations for the United
States Merchant Marine Academy Sexual Assault Prevention and
Response Program.
This section would require the Maritime Administrator to
submit to Congress a report describing the progress of MARAD in
implementing and completing each of the recommendations made in
the DOT OIG's report identifying gaps in the USMMA's Sexual
Assault Prevention and Response Program.
Section 6. Report on the application of the UCMJ to the United States
Merchant Marine Academy.
This section would require the Maritime Administrator to
submit to Congress a report on the impediments to the
application of the Uniform Code of Military Justice at the
USMMA.
Section 7. Electronic records on mariner availability to meet national
security needs.
This section would require the Secretary of Homeland
Security to coordinate with the Secretary of Transportation to
ensure that, to the extent feasible, electronic records provide
information on mariner availability to meet national security
needs for credentialed mariners crewing strategic sealift
vessels.
Section 8. Small shipyard grants.
This section would require the Maritime Administrator to
post a notice of funding opportunity regarding small shipyard
grants not more than 15 days after the date of enactment of the
relevant appropriations Act for the fiscal year.
Section 9. Domestic ship recycling facilities.
This section would establish a streamlined process for
obtaining consent from the Environmental Protection Agency to
import vessels containing regulated levels of polychlorinated
biphenyls into the United States for recycling.
Section 10. Sea Year on contracted vessels.
This section would allow the Secretary of Transportation to
meet USMMA cadet Sea Year training needs by requiring two USMMA
cadets, if available, to be placed on each MSP and Military
Sealift Command vessel. This section would allow the Secretary
or the Commander of the Military Sealift Command to waive the
requirements if such placement would create an undue burden on
the vessel. These requirements would not affect the discretion
of the Secretary to determine whether to place a USMMA cadet on
a vessel; the Secretary would retain discretion to determine
whether a cadet is available to be placed on an MSP or MSC
vessel. These requirements also would not affect the authority
of the Coast Guard regarding a vessel security plan approved
under section 70103 of title 46, United States Code, or the
discretion of the master of the vessel to ensure the safety of
all crew members.
Section 11. GAO report on national maritime strategy.
This section would require the Comptroller General to
submit to Congress a report on national maritime strategy,
including the following: key challenges, if any, to ensuring
that the U.S. marine transportation system and merchant marine
are sufficient to support U.S. economic and defense needs; the
extent to which a national maritime strategy incorporates
desirable characteristics of successful national strategies;
and the extent to which Federal efforts to establish national
maritime strategy are duplicative or fragmented.
Section 12. Department of Transportation Inspector General report on
Title XI Program.
This section would require the DOT OIG to submit to
Congress a report on the financial controls and protections
included in the policies and procedures of the DOT for
approving loan applications for the Title XI Program.
Section 13. Multiyear contracts.
This section would clarify that nothing in the existing
contracting authority for the National Security Multi-Mission
Vessel Program, as codified in the NDAA for FY 2017, may be
construed to prohibit MARAD from entering into a multiyear
contract for the procurement of up to five new vessels within
the National Security Multi-Mission Vessel Program.
Section 14. Use of State academy training vessels.
This section would require the Maritime Administrator, upon
consultation with the SMAs, to implement a program of vessel
capacity sharing among the SMAs as necessary to ensure that
training needs of each academy are met. The Committee included
ship sharing language for the SMAs to ensure that none of the
programs go without training billets for their cadets. However,
this is not a sustainable long-term solution and the Committee
urges MARAD to consider alternative ways to immediately address
the critical lack of a suitable training vessel in the Gulf of
Mexico, such as procurement of a domestic or international
vessel to convert for training billets.
Section 15. Permanent authority of the Secretary of Transportation to
issue vessel war risk insurance.
This section would amend chapter 539 of title 46, United
States Code, to make permanent the authority of the Secretary
to provide vessel war risk insurance. This authority has been
in place since 1950.
Section 16. Buy America.
This section would make changes to the Assistance to Small
Shipyards Program. This section would provide for the
reallocation of unused small shipyard grants to fund other
qualifying grants. This section would establish certain Buy
America requirements. MARAD has already included a Buy America
provision in recent grant agreements for this program.
Section 17. Navigation system study and report.
This section would require the Maritime Administrator to
conduct a comprehensive study of the Great Lakes-Saint Lawrence
Seaway navigation system to examine the current state of the
system and make recommendations for improvements.
Section 18. Miscellaneous.
This section would clarify the definition of commercial
vessel for the purposes of USMMA training requirements and
streamline sexual assault training recordkeeping. This section
would limit certain training recordkeeping to those persons who
are required to have such training. The section also would
allow the Secretary of Commerce to waive bond requirements for
certain vessel repairs, similar to authority already granted
the Secretary of Transportation. These requirements currently
require an annual congressional waiver, which has been granted
for several years. This section would remove certain funding
limitations for the SMAs, consistent with overall appropriation
levels, as long as the academies meet certain admission
requirements.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 40. PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE II. PUBLIC BUILDINGS AND WORKS
PART A. GENERAL
CHAPTER 31. GENERAL
SUBCHAPTER III. BONDS
Sec. 3134. Waivers for certain contracts
(a) Military.--The Secretary of the Army, the Secretary of
the Navy, the Secretary of the Air Force, or the Secretary of
Transportation may waive this subchapter with respect to cost-
plus-a-fixed fee and other cost-type contracts for the
construction, alteration, or repair of any public building or
public work of the Federal Government and with respect to
contracts for manufacturing, producing, furnishing,
constructing, altering, repairing, processing, or assembling
vessels, aircraft, munitions, materiel, or supplies for the
Army, Navy, Air Force, or Coast Guard, respectively, regardless
of the terms of the contracts as to payment or title.
(b) Transportation.--The Secretary of Transportation may
waive this subchapter with respect to contracts for the
construction, alteration, or repair of vessels when the
contract is made under sections 1535 and 1536 of title 31 or
subtitle V of title 46, regardless of the terms of the
contracts as to payment or title.
(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.).
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS
CHAPTER 75. GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
Sec. 7502. Records
(a) The Secretary shall maintain records, including
electronic records, on the issuances, denials, suspensions, and
revocations of licenses, certificates of registry, merchant
mariners' documents, and endorsements on those licenses,
certificates, and documents.
(b) The Secretary may prescribe regulations requiring a
vessel owner or managing operator of a commercial vessel, or
the employer of a seaman on that vessel, to maintain records of
each individual engaged on the vessel subject to inspection
under chapter 33 on matters of engagement, discharge, and
service for not less than 5 years after the date of the
completion of the service of that individual on the vessel. The
regulations may require that a vessel owner, managing operator,
or employer shall make these records available to the
individual and the Coast Guard on request.
(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.
[(c)](d) A person violating this section, or a regulation
prescribed under this section, is liable to the United States
Government for a civil penalty of not more than $5,000.
TITLE 46. SHIPPING
SUBTITLE V. MERCHANT MARINE
PART B. MERCHANT MARINE SERVICE
CHAPTER 513. UNITED STATES MERCHANT MARINE ACADEMY
Sec. 51307. Places of training
[The Secretary]
(a) In General.--The Secretary of Transportation may provide
for the training of cadets at the United States Merchant Marine
Academy--
(1) on vessels [owned or subsidized by] owned,
subsidized by, or contracted with the United States
Government, including in accordance with subsections
(b), (c), and (d);
(2) on other documented vessels, with the permission
of the owner;
(3) in shipyards or plants and with industrial or
educational organizations; and
(4) on any other vessel considered by the Secretary
to be necessary or appropriate or in the national
interest.
(b) Maritime Security Program Vessels.--Subject to subsection
(d), 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.--Subject to subsection
(d), the Secretary and Commander of the Military Sealift
Command shall require an operator of a vessel contracted for
service for 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--
(1) is flagged in the United States; and
(2) is rated at 10,000 gross tons or higher.
(d) Waiver.--If it is determined at any time by the Secretary
or the Commander of the Military Sealift Command that cadets
from the United States Merchant Marine Academy would place an
undue burden on a vessel or vessel operator, the Secretary or
Commander may waive the requirements described in subsection
(b) or (c).
Sec. 51318. Policy on sexual harassment, dating violence, domestic
violence, sexual assault, and stalking
(a) Required Policy.--
(1) In general.--The Secretary of Transportation
shall direct the Superintendent of the United States
Merchant Marine Academy to prescribe a policy on sexual
harassment, dating violence, domestic violence, sexual
assault, and stalking applicable to the cadets and
other personnel of the Academy.
(2) Matters to be specified in policy.--The policy on
sexual harassment, dating violence, domestic violence,
sexual assault, and stalking prescribed under this
subsection shall include--
(A) a program to promote awareness and
prevention of the incidence of rape,
acquaintance rape, domestic violence, dating
violence, stalking, and other sexual offenses
of a criminal nature that involve cadets or
other Academy personnel;
(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);
[(B)](C) procedures that a cadet or other
Academy personnel should follow in the case of
an occurrence of sexual harassment, dating
violence, domestic violence, sexual assault, or
stalking, including--
(i) specifying the person or persons
to whom an alleged occurrence of sexual
harassment, dating violence, domestic
violence, sexual assault, or stalking,
should be reported by the victim and
the options for confidential reporting;
(ii) specifying any other person whom
the victim should contact; and
(iii) procedures on the preservation
of evidence potentially necessary for
proof of a criminal sexual offense;
(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;
[(C)](E) a procedure for disciplinary action
in cases of alleged criminal sexual assault
involving a cadet or other Academy personnel;
[(D)](F) any other sanction authorized to be
imposed in a substantiated case of sexual
harassment, dating violence, domestic violence,
sexual assault, or stalking involving a cadet
or other Academy personnel in rape,
acquaintance rape, or any other criminal sexual
offense, whether forcible or nonforcible;
[(E)](G) procedures through which--
(i) questions regarding sexual
harassment, dating violence, domestic
violence, sexual assault, or stalking
can be confidentially asked and
confidentially answered;
(ii) victims can report incidents of
sexual harassment, dating violence,
domestic violence, sexual assault, or
stalking confidentially; and
(iii) the privacy of victims of
sexual harassment, dating violence,
domestic violence, sexual assault, or
stalking will be protected; and
[(F)](H) required training on the policy for
all cadets and other Academy personnel,
including the specific training required for
personnel who process allegations of sexual
harassment, dating violence, domestic violence,
sexual assault, or stalking involving Academy
personnel.
(3) Minimum training requirements for certain
individuals regarding sexual harassment, dating
violence, domestic violence, sexual assault, and
stalking.--
(A) Requirement.--The Maritime Administrator
shall direct the Superintendent of the United
States Merchant Marine Academy to develop a
mandatory training program at the Academy for
each individual who is involved in implementing
the Academy's student disciplinary grievance
procedures, including each individual who is
responsible for--
(i) resolving complaints of reported
sexual harassment, dating violence,
domestic violence, sexual assault, and
stalking;
(ii) resolving complaints of reported
violations of the sexual misconduct
policy of the Academy; or
(iii) conducting an interview with a
victim of sexual harassment, dating
violence, domestic violence, sexual
assault, or stalking.
(B) Consultation.--The Superintendent shall
develop the training program described in
subparagraph (A) in consultation with national,
State, or local sexual assault, dating
violence, domestic violence, or stalking victim
advocacy, victim services, or prevention
organizations.
(C) Elements.--The training required by
subparagraph (A) shall include the following:
(i) Information on working with and
interviewing persons subjected to
sexual harassment, dating violence,
domestic violence, sexual assault, or
stalking.
(ii) Information on particular types
of conduct that would constitute sexual
harassment, dating violence, domestic
violence, sexual assault, or stalking,
regardless of gender, including same-
sex sexual harassment, dating violence,
domestic violence, sexual assault, or
stalking.
(iii) Information on consent and the
effect that drugs or alcohol may have
on an individual's ability to consent.
(iv) Information on the effects of
trauma, including the neurobiology of
trauma.
(v) Training regarding the use of
trauma-informed interview techniques,
which means asking questions of an
individual who has been a victim of
sexual harassment, dating violence,
domestic violence, sexual assault, or
stalking in a manner that is focused on
the experience of the victim, does not
judge or blame the victim, and is
informed by evidence-based research on
the neurobiology of trauma.
(vi) Training on cultural awareness
regarding how dating violence, domestic
violence, sexual assault, or stalking
may impact midshipmen differently
depending on their cultural background.
(vii) Information on sexual assault
dynamics, sexual assault perpetrator
behavior, and barriers to reporting.
(D) Implementation.--
(i) Development and approval
schedule.--The training program
required by subparagraph (A) shall be
developed not later than 90 days after
the date of the enactment of the
National Defense Authorization Act for
Fiscal Year 2018.
(ii) Completion of training.--Each
individual who is required to complete
the training described in subparagraph
(A) shall complete such training not
later than--
(I) 270 days after the date
of the enactment of the
National Defense Authorization
Act for Fiscal Year 2018; or
(II) 180 days after starting
a position with
responsibilities that include
the activities described in
clause (i), (ii), or (iii) of
subparagraph (A).
(4) Availability of policy.--The Secretary shall
ensure that the policy developed under this subsection
is available to--
(A) all cadets and employees of the Academy;
and
(B) the public.
(5) Consultation and assistance.--In developing the
policy under this subsection, the Secretary may consult
with or receive assistance from such Federal, State,
local, and national organizations and subject matter
experts as the Secretary considers appropriate.
(6) Consistency with the higher education act of
1965.--The Secretary shall ensure that the policy
developed under this subsection meets the requirements
set out in section 485(f)(8) of the Higher Education
Act of 1965 (20 U.S.C. 1092(f)(8)).
(b) Development Program.--
(1) In general.--The Maritime Administrator shall
ensure that the development program of the Academy
includes a section that--
(A) describes the relationship between honor,
respect, and character development and the
prevention of sexual harassment, dating
violence, domestic violence, sexual assault,
and stalking at the Academy;
(B) includes a brief history of the problem
of sexual harassment, dating violence, domestic
violence, sexual assault, and stalking in the
merchant marine, in the Armed Forces, and at
the Academy; and
(C) includes information relating to
reporting sexual harassment, dating violence,
domestic violence, sexual assault, and
stalking, victims' rights, and dismissal for
offenders.
(2) Minimum requirements to combat retaliation.--
(A) Requirement for plan.--Not later than 90
days after the date of the enactment of the
National Defense Authorization Act for Fiscal
Year 2018, the Maritime Administrator shall
direct the Superintendent of the United States
Merchant Marine Academy to implement and
maintain a plan to combat retaliation against
cadets at the Academy and other Academy
personnel who report sexual harassment, dating
violence, domestic violence, sexual assault, or
stalking.
(B) Violation of code of conduct.--The
Superintendent shall consider an act of
retaliation against a cadet at the Academy who
reports sexual harassment, dating violence,
domestic violence, sexual assault, or stalking
as a Class I violation of the Midshipman
Regulations of the Academy or equivalent code
of conduct.
(C) Retaliation definition.--The
Superintendent shall work with the sexual
assault prevention and response staff of the
Academy to define ``retaliation'' for purposes
of this subsection.
(3) Minimum resource requirements.--
(A) In general.--The Maritime Administrator
shall ensure the staff at the Academy are
provided adequate and appropriate sexual
harassment, dating violence, domestic violence,
sexual assault, and stalking prevention and
response training materials and resources. Such
resources shall include staff as follows:
(i) Sexual assault response
coordinator.
(ii) Prevention educator.
(iii) Civil rights officer.
(iv) Staff member to oversee Sea
Year.
(B) Communication.--The Director of the
Office of Civil Rights of the Maritime
Administration shall create and maintain a
direct line of communication to the sexual
assault response staff of the Academy that is
outside of the chain of command of the Academy.
(4) Minimum training requirements.--The
Superintendent shall ensure that all cadets receive
training on the sexual harassment, dating violence,
domestic violence, sexual assault, and stalking
prevention and response sections of the development
program of the Academy, as described in paragraph (1),
as follows:
(A) An initial training session, which shall
occur not later than 7 days after a cadet's
initial arrival at the Academy.
(B) Additional training sessions, which shall
occur biannually following the cadet's initial
training session until the cadet graduates or
leaves the Academy.
(c) * * *
(d) Annual Report.--
(1) In general.--For each Academy program year, the
Superintendent shall submit to the Secretary a report
that provides information about sexual harassment and
sexual assault involving cadets or other Academy
personnel.
(2) Contents.--Each report submitted under paragraph
(1) shall include, for the Academy program year covered
by the report--
(A) the number of sexual assaults, rapes, and
other sexual offenses, including sexual
harassment, involving cadets or other Academy
personnel that have been reported to Academy
officials;
(B) the number of the reported cases
described in subparagraph (A) that have been
substantiated;
(C) the policies, procedures, and training
implemented by the Superintendent and the
leadership of the Academy in response to
incidents of sexual harassment and sexual
assault involving cadets and other Academy
personnel; and
(D) a plan for the actions that will be taken
in the following Academy program year regarding
prevention of, and response to, incidents of
sexual harassment and sexual assault involving
cadets and other Academy personnel.
(3) Survey and focus group results.--
(A) Survey results.--Each report under
paragraph (1) for an Academy program year that
begins in an odd-numbered calendar year shall
include the results of the survey conducted in
that program year under subsection (c)(2).
(B) Focus group results.--Each report under
paragraph (1) for an Academy program year in
which the Secretary is not required to conduct
the survey described in subsection (c)(2) shall
include the results of the focus group
conducted in that program year under subsection
(c)(3).
(4) Reporting requirement.--
(A) By the superintendent.--For each incident
of sexual harassment or sexual assault reported
to the Superintendent, the Superintendent shall
provide to the Secretary and the Board of
Visitors of the Academy a report that
includes--
(i) the facts surrounding the
incident, except for any details that
would reveal the identities of the
people involved; and
(ii) the Academy's response to the
incident.
(B) By the secretary.--[The Secretary] Not
later than January 15 of each year, the
Secretary shall submit a copy of each report
received under subparagraph (A) and the
Secretary's comments on the report to the
Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Transportation and Infrastructure of the
House of Representatives.
(e) * * *
Sec. 51322. Protection of cadets from sexual assault onboard vessels
(a) Riding Gangs.--
(1) Certification of compliance.--The Maritime
Administrator shall require the owner or operator of
any commercial vessel that is carrying a cadet from the
United States Merchant Marine Academy to certify
compliance of the vessel with the International
Convention for Safety of Life at Sea, 1974 (32 UST 47)
and section 8106 of this title.
(2) Information for cadets.--The Maritime
Administrator shall ensure that the Academy informs
cadets preparing for Sea Year of the obligations that
vessel owners and operators have to provide for the
security of individuals aboard a vessel under United
States law, including chapter 81 and section 70103(c)
of this title.
(b) Checks of Commercial Vessels.--
(1) Requirement.--Not less frequently than
biennially, staff of the Academy or staff of the
Maritime Administration shall conduct both random and
targeted unannounced checks of not less than 10 percent
of the commercial vessels that host a cadet from the
Academy.
(2) Removal of students.--If staff of the Academy or
staff of the Maritime Administration determine that a
commercial vessel is in violation of the sexual assault
policy developed by the Academy through a check
conducted under paragraph (1), the staff may--
(A) remove any cadet of the Academy from the
vessel; and
(B) report the violation to the owner or
operator of the vessel.
[(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 the
crew and passengers of any vessel hosting a cadet from the
Academy.]
(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.
(d) Sea Year Survey.--
(1) Requirement.--The Maritime Administrator shall
require each cadet from the Academy, upon completion of
the cadet's Sea Year, to complete a survey regarding
the environment and conditions during the Sea Year of
the vessel to which the cadet was assigned.
(2) Availability. the maritime administrator shall
make available to the public for each year.--
(A) the questions used in the survey required
by paragraph (1); and
(B) the aggregated data received from such
surveys.
CHAPTER 515. STATE MARITIME ACADEMY SUPPORT PROGRAM
Sec. 51504. Use of training vessels
(a) * * *
[(g) Removing Vessels From Service and Vessel Sharing.--The
Secretary may not--
[(1) take a vessel, currently in use as a training
vessel under this section, out of service to implement
an alternative program (including vessel sharing)
unless the vessel is incapable of being maintained in
good repair as required by subsection (d); or
[(2) implement a program requiring a State maritime
academy to share its training vessel with another State
maritime academy, except with the express consent of
Congress.]
(g) Vessel Capacity Sharing.--
(1) In general.--Not later than 90 days after the
date of enactment of the Maritime Authorization and
Enhancement 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 vessel sharing,
requiring maritime academies to share training capacity
vessels 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. 51505. Annual payments for maintenance and support
(a) Payment Agreements.--The Secretary of Transportation may
make an agreement (effective for not more than 4 years) with
the following academies to provide annual payments to those
academies for their maintenance and support:
(1) One State maritime academy in each State that
satisfies section 51506(a) of this title.
(2) Each regional maritime academy that satisfies
section 51506(a) of this title.
(b) Payments.--
(1) In general.--Subject to paragraph (2), an annual
payment to an academy under subsection (a) shall be at
least equal to the amount given to the academy for its
maintenance and support by the State in which it is
located, or, for a regional maritime academy, by all
States cooperating to sponsor the academy.
[(2) Maximum.--The amount under paragraph (1) may not
be more than $25,000. However, if the academy satisfies
section 51506(b) of this title, the amount shall be--
[(A) $100,000 for a State maritime academy;
and
[(B) $300,000 for fiscal year 2006, $400,000
for fiscal year 2007, and $500,000 for fiscal
year 2008 and each fiscal year thereafter for a
regional maritime academy.]
(2) Maximum.--The amount under paragraph (1) may not
be more than $25,000, unless the academy satisfies
section 51506(b) of this title.
PART C. FINANCIAL ASSISTANCE PROGRAMS
CHAPTER 539. WAR RISK INSURANCE
[Sec. 53912. Expiration date
[The authority of the Secretary of Transportation to provide
insurance and reinsurance under this chapter expires on
December 31, 2020.]
CHAPTER 541. MISCELLANEOUS
Sec. 54101. Assistance for small shipyards
(a) Establishment of Program.--Subject to the availability of
appropriations, the Administrator of the Maritime
Administration shall execute agreements with shipyards to
provide assistance--
(1) in the form of grants, loans, and loan guarantees
to small shipyards for capital improvements; and
(2) for maritime training programs to foster
technical skills and operational productivity relating
to shipbuilding, ship repair, and associated
industries.
(b) Awards.--
(1) In general.--In providing assistance under the
program, the Administrator shall consider projects that
foster--
(A) efficiency, competitive operations, and
quality ship construction, repair, and
reconfiguration; and
(B) employee skills and enhanced productivity
related to shipbuilding, ship repair, and
associated industries.
(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.
[(2)](3) Timing of grants.--The Administrator shall
award grants under this section not later than 120 days
after the date of the enactment of the appropriations
Act for the fiscal year concerned.
[(3)](4) Reuse of unexpended grant funds.--
Notwithstanding [paragraph (2)] paragraph (3), amounts
awarded as a grant under this section that are not
expended by the grantee shall remain available to the
Administrator for use for grants under this section.
(c) Use of Funds.--
(1) In general.--Assistance provided under this
section may be used to--(A) make capital and related
improvements in small shipyards; and
(B) provide training for workers in
shipbuilding, ship repair, and associated
industries.
(2) Administrative costs.--Not more than 2 percent of
amounts made available to carry out the program may be
used for the necessary costs of grant administration.
(3) Buy america.--
(A) In general.--Notwithstanding any other
provision of law, the Secretary of
Transportation shall not obligate any funds
authorized to be appropriated to carry out this
chapter unless any steel, iron, and
manufactured products used in the project
authorized under this chapter are produced in
the United States.
(B) Exception.--The provisions of
subparagraph (A) shall not apply where the
Secretary finds--
(i) that their application would be
inconsistent with the public interest;
(ii) that such materials and products
are not produced in the United States
in sufficient and reasonably available
quantities and of a satisfactory
quality; or
(iii) that inclusion of domestic
material will increase the cost of the
overall project by more than 25
percent.
(d) Prohibited Uses.--Grants awarded under this section may
not be used to construct buildings or other physical facilities
or to acquire land.
(e) Matching Requirements; Allocation.--
(1) Federal funding.--Federal funds for any eligible
project under this section shall not exceed 75 percent
of the total cost of such project.
(2) Allocation of funds.--The Administrator may not
award more than 25 percent of the funds appropriated to
carry out this section for any fiscal year to any small
shipyard in one geographic location that has more than
600 employees.
(f) Applications.--
(1) In general.--To be eligible for assistance under
this section, an applicant shall submit an application,
in such form, and containing such information and
assurances as the Administrator may require, within 60
days after the date of enactment of the appropriations
Act for the fiscal year concerned.
(2) Minimum standards for payment or reimbursement.--
Each application submitted under paragraph (1) shall
include--
(A) a comprehensive description of--
(i) the need for the project;
(ii) the methodology for implementing
the project; and
(iii) any existing programs or
arrangements that can be used to
supplement or leverage assistance under
the program.
(B) [Not enacted]
(3) Procedural safeguards.--The 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) grant funds are used for the purposes for
which they were made available;
(B) grantees have properly accounted for all
expenditures of grant funds; and
(C) grant funds not used for such purposes
and amounts not obligated or expended are
returned.
(4) Project approval required.--The administrator may
not award a grant under this section unless the
administrator determines that--
(A) sufficient funding is available to meet
the matching requirements of subsection (e);
(B) the project will be completed without
unreasonable delay; and
(C) the recipient has authority to carry out
the proposed project.
(g) Audits and Examinations.--All grantees under this section
shall maintain such records as the Administrator may require
and make such records available for review and audit by the
Administrator.
(h) Small Shipyard Defined.--In this section, the term
``small shipyard'' means a shipyard facility in one geographic
location that does not have more than 1,200 employees.
(i) Authorization of Appropriations.--There are authorized to
be appropriated to the Administrator of the Maritime
Administration for each of fiscal years 2018, 2019, and 2020 to
carry out this section $35,000,000.
FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2001
[Public Law 106 398]
SEC. 3502. SCRAPPING OF NATIONAL DEFENSE RESERVE FLEET VESSELS
[54 U.S.C. 308704 note]
(a) [Reserved].
(b) Selection of Scrapping Facilities.--The Secretary of
Transportation may scrap obsolete vessels pursuant to section
6(c)(1) of the National Maritime Heritage Act of 1994 (16
U.S.C. 5405(c)(1)) through qualified scrapping facilities,
using the most expeditious scrapping methodology and location
practicable. Scrapping facilities shall be selected under that
section on a best value basis consistent with the Federal
Acquisition Regulation, as in effect on the date of contract
award, without any predisposition toward foreign or domestic
facilities taking into consideration, among other things, the
ability of facilities to scrap vessels--
(1) at least cost to the Government;
(2) in a timely manner;
(3) giving consideration to worker safety and the
environment; and
(4) in a manner that minimizes the geographic
distance that a vessel must be towed when towing a
vessel poses a serious threat to the environment.
(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, e-mail 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, e-mail 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;
(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.
[(c)](d) Comprehensive Management Plan.--
(1) Requirement to develop plan.--The Secretary of
Transportation shall prepare, publish, and submit to
the Congress by not later than 180 days after the date
of the enactment of this Act a comprehensive plan for
management of the vessel disposal program of the
Maritime Administration in accordance with the
recommendations made in the Government Accountability
Office in report number GAO-05-264, dated March 2005.
(2) Contents of plan.--The plan shall--
(A) include a strategy and implementation
plan for disposal of obsolete National Defense
Reserve Fleet vessels (including vessels added
to the fleet after the enactment of this
paragraph) in a timely manner, maximizing the
use of all available disposal methods,
including dismantling, use for artificial
reefs, donation, and Navy training exercises;
(B) identify and describe the funding and
other resources necessary to implement the
plan, and specific milestones for disposal of
vessels under the plan;
(C) establish performance measures to track
progress toward achieving the goals of the
program, including the expeditious disposal of
ships commencing upon the date of the enactment
of this paragraph;
(D) develop a formal decisionmaking framework
for the program; and
(E) identify external factors that could
impede successful implementation of the plan,
and describe steps to be taken to mitigate the
effects of such factors.
[(d)](e) Implementation of Management Plan.--
(1) Requirement to implement.--Subject to the
availability of appropriations, the Secretary shall
implement the vessel disposal program of the Maritime
Administration in accordance with--
(A) the management plan submitted under
subsection (c); and
(B) the requirements set forth in paragraph
(2).
(2) Utilization of domestic sources.--In the
procurement of services under the vessel disposal
program of the Maritime Administration, the Secretary
shall--
(A) use full and open competition; and
(B) utilize domestic sources to the maximum
extent practicable.
[(e)](f) Failure to Submit Plan.--
(1) Private management contract for disposal of
maritime administration vessels.--The Secretary of
Transportation, subject to the availability of
appropriations, shall promptly award a contract using
full and open competition to expeditiously implement
all aspects of disposal of obsolete National Defense
Reserve Fleet vessels.
(2) Application.--This subsection shall apply
beginning 180 days after the date of the enactment of
this subsection, unless the Secretary of Transportation
has submitted to the Congress the comprehensive plan
required under subsection (c).
[(f)](g) Briefings.--The Maritime Administrator shall, upon
request, provide briefings to the Committee on Transportation
and Infrastructure, the Committee on Natural Resources, and the
Committee on Armed Services of the House of Representatives,
and the Committee on Commerce, Science, and Transportation and
the Committee on Armed Services of the Senate, on the progress
made in recycling vessels, problems encountered with recycling
vessels, issues relating to vessel recycling, and other issues
relating to vessel recycling and disposal.
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017
[Public Law 114 328]
SEC. 3514. SEA YEAR COMPLIANCE
[54 U.S.C. 51318 note]
(a) Vessel Operator Requirements.--[Not later than]
(1) Not later than 90 days after the date of the
enactment of this Act, the Maritime Administrator, in
consultation with operators of commercial vessels of
the United States, shall establish--
[(1)](A) criteria that vessel operators must meet in
order to participate in the Sea Year program of the
United States Merchant Marine Academy that addresses
sexual harassment, sexual assault, and other
inappropriate conduct; and
[(2)](B) a process for verifying compliance with the
criteria.
(2) 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.
(C) Any political subdivision of a State or
territory.
(D) Any other municipal organization.
(b) Provision of Satellite Phone.--
(1) In general.--The Maritime Administrator shall
ensure that each cadet from the United States Merchant
Marine Academy who is participating in the Sea Year
program is provided a functional satellite
communication device. A cadet may not be denied from
using the device whenever the student determines that
use of the device is necessary to prevent or report
sexual harassment or sexual assault.
(2) Check-in.--Not less often than once each week
during a cadet's participation in the Sea Year program,
the cadet shall check-in with designated personnel at
the Academy via the satellite communication device
provided under paragraph (1). A text message sent via
the satellite device shall meet the requirement for a
weekly check-in for purposes of this paragraph.
[all]