Maritime Transportation System Emergency Relief Act of 2020
This bill authorizes the U.S. Maritime Administration (MARAD) to provide financial assistance to states and maritime industry entities during an emergency such as COVID-19 (i.e., coronavirus disease 2019).
Specifically, MARAD may provide grants for
The federal share payable of the costs for which a grant is provided under the bill shall be 100%.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4395 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4395
To amend title 46, United States Code, to authorize maritime
transportation emergency relief, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2020
Mr. Merkley (for himself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 46, United States Code, to authorize maritime
transportation emergency relief, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Transportation System
Emergency Relief Act of 2020''.
SEC. 2. MARITIME TRANSPORTATION SYSTEM EMERGENCY RELIEF PROGRAM.
(a) In General.--Chapter 503 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 50308. Maritime transportation system emergency relief program
``(a) Definitions.--In this section the following definitions shall
apply:
``(1) Eligible state entity.--The term `eligible State
entity' means a port authority, or a State-owned or -operated
vessel and facilities associated with the operation of such
vessel, in any State.
``(2) Eligible entity.--The term `eligible entity' means a
public or private entity that is created or organized in the
United States or under the laws of the United States, with
significant operations in and a majority of its employees based
in the United States, that is engaged in--
``(A) vessel construction, transportation by water,
or support activities for transportation by water with
an assigned North American Industry Classification
System code beginning with 3366, 483, or 4883; or
``(B) as determined by the Secretary of
Transportation--
``(i) construction related to activities
described in subparagraph (A); or
``(ii) maritime education and training.
``(3) Eligible operating costs.--The term `eligible
operating costs' means costs relating to--
``(A) emergency response;
``(B) cleaning;
``(C) sanitization;
``(D) janitorial services;
``(E) staffing;
``(F) workforce retention;
``(G) paid leave;
``(H) procurement and use of protective health
equipment, testing, and training for employees and
contractors;
``(I) debt service payments;
``(J) infrastructure repair projects; and
``(K) other maritime transportation system
operations;
``(4) Emergency.--The term `emergency' means a natural
disaster affecting a wide area (such as a flood, hurricane,
tidal wave, earthquake, severe storm, or landslide) or a
catastrophic failure from any external cause, that impacts the
United States maritime transportation system and as a result of
which--
``(A) the Governor of a State has declared an
emergency and the Maritime Administrator, in
consultation with the Administrator of the Federal
Emergency Management Administration, has concurred in
the declaration;
``(B) the President has declared a major disaster
under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170);
``(C) a national emergency declared by the
President under the National Emergencies Act (50 U.S.C.
1601 et seq.) is in effect; or
``(D) a public health emergency declared pursuant
to section 319 of the Public Health Service Act (42
U.S.C. 247d) is in effect.
``(b) General Authority.--The Maritime Administrator may--
``(1) make grants to eligible State entities for eligible
operating costs; and
``(2) make grants and enter into contracts and other
agreements with eligible entities for--
``(A) the costs of capital projects to protect,
repair, reconstruct, or replace equipment and
facilities of the United States maritime transportation
system that the Maritime Administrator determines is in
danger of suffering serious physical damage, or has
suffered serious physical damage, as a result of an
emergency; and
``(B) eligible operating costs of United States
maritime transportation equipment and facilities in an
area directly affected by an emergency during--
``(i) the 1-year period beginning on the
date of a declaration described in subsections
(a)(4)(A) and (a)(4)(B); and
``(ii) an additional 1-year period
beginning 1 year after the date of a
declaration described in subsections (a)(4)(A)
and (a)(4)(B), if the Maritime Administrator,
in consultation with the Administrator of the
Federal Emergency Management Administration,
determines there is a compelling need arising
out of the emergency for which the declaration
is made.
``(c) Allocation.--The Maritime Administrator shall determine an
appropriate method for the equitable allocation and distribution of
funds under this section to eligible State entities and eligible
entities.
``(d) Applications.--An applicant for assistance under this section
shall submit an application for such assistance to the Maritime
Administrator at such time, in such manner, and containing such
information and assurances as the Maritime Administrator may require.
``(e) Coordination of Emergency Funds.--
``(1) Use of funds.--Funds appropriated to carry out this
section shall be in addition to any other funds available under
this chapter.
``(2) No effect on other government activity.--The
provision of funds under this section shall not affect the
ability of any other agency of the Government, including the
Federal Emergency Management Agency, or a State agency, a local
governmental entity, organization, or person, to provide any
other funds otherwise authorized by law.
``(f) Grant Requirements.--A grant awarded under this section that
is made to address an emergency defined under subsection (a)(4)(B)
shall be--
``(1) subject to the terms and conditions the Maritime
Administrator determines are necessary; and
``(2) made only for expenses that are not reimbursed under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) or any Federal, State, or local
assistance program.
``(g) Federal Share of Costs.--The Federal share payable of the
costs for which a grant is made under this section shall be 100
percent.
``(h) Administrative Costs.--Of the amounts available to carry out
this section, not more than one-half of one percent may be used for
administration of this section.
``(i) Quality Assurance.--The Maritime Administrator shall
institute adequate policies, procedures, and internal controls to
prevent waste, fraud, abuse, and program mismanagement for the
distribution of funds under this section.
``(j) Reports.--The Maritime Administrator shall annually report to
the Congress regarding financial assistance provided under this
section, including a description of such assistance.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``50308. Maritime transportation system emergency relief program.''.
(c) Inclusion of COVID-19 Pandemic Public Health Emergency.--For
purposes of section 50308 of title 46, United States Code, as amended
by subsection (a), the public health emergency declared pursuant to
section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting
from the COVID-19 pandemic shall be treated as an emergency.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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