[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1326 Reported in Senate (RS)]
<DOC>
Calendar No. 280
114th CONGRESS
1st Session
S. 1326
[Report No. 114-158]
To amend certain maritime programs of the Department of Transportation,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2015
Mrs. Fischer introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
October 27, 2015
Reported by Mr. Thune, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend certain maritime programs of the Department of Transportation,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Maritime Administration
Enhancement Act of 2015''.</DELETED>
<DELETED>SEC. 2. CADET COMMITMENT AGREEMENTS.</DELETED>
<DELETED> Section 51306(a) of title 46, United States Code, is
amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``must'' and inserting ``shall'';</DELETED>
<DELETED> (2) by amending paragraph (2) to read as
follows:</DELETED>
<DELETED> ``(2) obtain a merchant mariner license, unlimited
as to horsepower or tonnage, issued by the United States Coast
Guard as an officer in the merchant marine of the United
States, accompanied by the appropriate national and
international endorsements and certifications required by the
Coast Guard for service aboard vessels on domestic and
international voyages, without limitation, before graduation
from the Academy;'';</DELETED>
<DELETED> (3) by amending paragraph (3) to read as
follows:</DELETED>
<DELETED> ``(3) for at least 6 years after graduation from
the Academy, maintain--</DELETED>
<DELETED> ``(A) a valid merchant mariner license,
unlimited as to horsepower or tonnage, issued by the
United States Coast Guard as an officer in the merchant
marine of the United States, accompanied by the
appropriate national and international endorsements and
certifications required by the Coast Guard for service
aboard vessels on domestic and international voyages,
without limitation;</DELETED>
<DELETED> ``(B) a valid transportation worker
identification credential; and</DELETED>
<DELETED> ``(C) a United States Coast Guard medical
certificate;''; and</DELETED>
<DELETED> (4) by amending paragraph (4) to read as
follows:</DELETED>
<DELETED> ``(4) apply for, and accept if tendered, an
appointment as a commissioned officer in the Navy Reserve
(including the Strategic Sealift Officer Program, Navy
Reserve), the Coast Guard Reserve, or any other reserve
component of an armed force of the United States, and, if
tendered the appointment, to serve, meet the participation
requirements, and maintain active status in good standing, as
determined by the program manager of the appropriate military
service, for at least 8 years after the date of
commissioning;''.</DELETED>
<DELETED>SEC. 3. STUDENT INCENTIVE PAYMENT AGREEMENTS.</DELETED>
<DELETED> Section 51509 of title 46, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) by inserting ``(3) Authorized uses.--
'' before the last sentence and indenting
accordingly;</DELETED>
<DELETED> (B) in the matter preceding paragraph (3),
by striking ``Payments'' and inserting ``(1) In
general.--Except as provided in paragraph (2),
payments'' and indenting accordingly; and</DELETED>
<DELETED> (C) by inserting after paragraph (1), the
following:</DELETED>
<DELETED> ``(2) Exception.--The Secretary may modify the
payments made to an individual under paragraph (1), but the
total amount of payments to that individual may not exceed
$32,000.'';</DELETED>
<DELETED> (2) in subsection (c), by striking ``Merchant
Marine Reserve'' and inserting ``Strategic Sealift Officer
Program'';</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) by amending paragraph (2) to read as
follows:</DELETED>
<DELETED> ``(2) obtain a merchant mariner license, without
limitation as to tonnage or horsepower, from the United States
Coast Guard as an officer in the merchant marine of the United
States, accompanied by the appropriate national and
international endorsements and certification required by the
Coast Guard for service aboard vessels on domestic and
international voyages, without limitation, within three months
of completion of the course of instruction at the academy the
individual is attending;'';</DELETED>
<DELETED> (B) by amending paragraph (3) to read as
follows:</DELETED>
<DELETED> ``(3) for at least 6 years after graduation from
the academy, maintain--</DELETED>
<DELETED> ``(A) a valid merchant mariner license,
unlimited as to horsepower or tonnage, issued by the
United States Coast Guard as an officer in the merchant
marine of the United States, accompanied by the
appropriate national and international endorsements and
certifications required by the Coast Guard for service
aboard vessels on domestic and international voyages,
without limitation;</DELETED>
<DELETED> ``(B) a valid transportation worker
identification credential; and</DELETED>
<DELETED> ``(C) a United States Coast Guard medical
certificate;'' and</DELETED>
<DELETED> (C) by amending paragraph (4) to read as
follows:</DELETED>
<DELETED> ``(4) apply for, and accept, if tendered, an
appointment as a commissioned officer in the Navy Reserve
(including the Strategic Sealift Officer Program, Navy
Reserve), the Coast Guard Reserve, or any other reserve
component of an armed force of the United States, and, if
tendered the appointment, to serve and meet the participation
requirements and to maintain active status in good standing, as
determined by the program manager of the appropriate military
service, for at least 8 years after the date of
commissioning;'';</DELETED>
<DELETED> (4) by amending subsection (e)(1) to read as
follows:</DELETED>
<DELETED> ``(1) Active duty.--</DELETED>
<DELETED> ``(A) In general.--The Secretary of
Defense may order an individual to serve on active duty
in the armed forces of the United States for a period
of not more than 2 years if--</DELETED>
<DELETED> ``(i) the individual has attended
an academy under this section for more than 2
academic years, but less than 3 academic
years;</DELETED>
<DELETED> ``(ii) the individual has accepted
the payments described in subsection (b) in an
amount totaling at least $8,000; and</DELETED>
<DELETED> ``(iii) the Secretary of
Transportation has determined that the
individual has failed to fulfill the part of
the agreement described in subsection
(d)(1).</DELETED>
<DELETED> ``(B) 3 or more years.--The Secretary of
Defense may order an individual to serve on active duty
in the armed forces of the United States for a period
of not more than 3 years if--</DELETED>
<DELETED> ``(i) the individual has attended
an academy under this section for 3 or more
academic years;</DELETED>
<DELETED> ``(ii) the individual has accepted
the payments described in subsection (b) in an
amount totaling at least $16,000; and</DELETED>
<DELETED> ``(iii) the Secretary of
Transportation has determined that the
individual has failed to fulfill the part of
the agreement described in subsection
(d)(1).</DELETED>
<DELETED> ``(C) Hardship waiver.--In cases of
hardship as determined by the Secretary of
Transportation, the Secretary of Transportation may
waive this paragraph in whole or in part.'';
and</DELETED>
<DELETED> (5) by adding at the end the following:</DELETED>
<DELETED> ``(h) Alternative Service.--</DELETED>
<DELETED> ``(1) Service as commissioned officer.--An
individual who, for the 5-year period following graduation from
an academy, serves as a commissioned officer on active duty in
an armed force of the United States or as a commissioned
officer of the National Oceanic and Atmospheric Administration
or the Public Health Service shall be excused from the
requirements of paragraphs (3) through (5) of subsection
(d).</DELETED>
<DELETED> ``(2) Modification or waiver.--The Secretary may
modify or waive any of the terms and conditions set forth in
subsection (d) through the imposition of alternative service
requirements.''.</DELETED>
<DELETED>SEC. 4. FEDERAL UNEMPLOYMENT TAX ACT.</DELETED>
<DELETED> Section 3305 of the Internal Revenue Code of 1986 (26
U.S.C. 3305) is amended by striking ``Secretary of Commerce'' each
place it appears and inserting ``Secretary of
Transportation''.</DELETED>
<DELETED>SEC. 5. SHORT SEA TRANSPORTATION DEFINED.</DELETED>
<DELETED> Paragraph (1) of section 55605 of title 46, United States
Code, is amended--</DELETED>
<DELETED> (1) in subparagraph (A), by striking
``or'';</DELETED>
<DELETED> (2) in subparagraph (B), by striking ``and'';
and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(C) shipped in discrete units or
packages that are handled individually, palletized, or
unitized for purposes of transportation; or</DELETED>
<DELETED> ``(D) freight vehicles carried aboard
commuter ferry boats; and''.</DELETED>
<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY
ASPECTS OF THE MERCHANT MARINE FOR FISCAL YEARS 2016 AND
2017.</DELETED>
<DELETED> (a) Fiscal Year 2016.--Funds are hereby authorized to be
appropriated for fiscal year 2016, to be available without fiscal year
limitation if so provided in appropriations Acts, for the use of the
Department of Transportation for Maritime Administration programs
associated with maintaining national security aspects of the merchant
marine, as follows:</DELETED>
<DELETED> (1) For expenses necessary for operations of the
United States Merchant Marine Academy, $80,000,000, of which--
</DELETED>
<DELETED> (A) $65,000,000 shall remain available
until expended for Academy operations; and</DELETED>
<DELETED> (B) $15,000,000 shall remain available
until expended for capital asset management at the
Academy.</DELETED>
<DELETED> (2) For expenses necessary to support the State
maritime academies, $22,200,000, of which--</DELETED>
<DELETED> (A) $2,300,000 shall remain available
until expended for student incentive
payments;</DELETED>
<DELETED> (B) $2,400,000 shall remain available
until expended for direct payments to such
academies;</DELETED>
<DELETED> (C) $15,000,000 shall remain available
until expended for maintenance and repair of State
maritime academy training vessels; and</DELETED>
<DELETED> (D) $2,500,000 shall remain available
until expended for a National Security Multi-Mission
Vessel Design Program.</DELETED>
<DELETED> (3) For expenses necessary to support Maritime
Administration operations and programs, $50,400,000.</DELETED>
<DELETED> (4) For expenses necessary to dispose of vessels
in the National Defense Reserve Fleet, $4,000,000 to remain
available until expended.</DELETED>
<DELETED> (5) For expenses 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, $186,000,000.</DELETED>
<DELETED> (6) For administrative expenses of the loan
guarantees authorized by chapter 537 of title 46, United States
Code, $3,100,000 to remain available until expended.</DELETED>
<DELETED> (b) Fiscal Year 2017.--Funds are hereby authorized to be
appropriated for fiscal year 2017, to be available without fiscal year
limitation if so provided in appropriations Acts, for the use of the
Department of Transportation for Maritime Administration programs
associated with maintaining national security aspects of the merchant
marine, as follows:</DELETED>
<DELETED> (1) For expenses necessary for operations of the
United States Merchant Marine Academy, $80,000,000, of which--
</DELETED>
<DELETED> (A) $65,000,000 shall remain available
until expended for Academy operations; and</DELETED>
<DELETED> (B) $15,000,000 shall remain available
until expended for capital asset management at the
Academy.</DELETED>
<DELETED> (2) For expenses necessary to support the State
maritime academies, $22,200,000, of which--</DELETED>
<DELETED> (A) $2,300,000 shall remain available
until expended for student incentive
payments;</DELETED>
<DELETED> (B) $2,400,000 shall remain available
until expended for direct payments to such
academies;</DELETED>
<DELETED> (C) $15,000,000 shall remain available
until expended for maintenance and repair of State
maritime academy training vessels; and</DELETED>
<DELETED> (D) $2,500,000 shall remain available
until expended for a National Security Multi-Mission
Vessel Design Program.</DELETED>
<DELETED> (3) For expenses necessary to support Maritime
Administration operations and programs, $50,400,000.</DELETED>
<DELETED> (4) For expenses necessary to dispose of vessels
in the National Defense Reserve Fleet, $4,000,000 to remain
available until expended.</DELETED>
<DELETED> (5) For expenses 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, $186,000,000.</DELETED>
<DELETED> (6) For administrative expenses of the loan
guarantees authorized by chapter 537 of title 46, United States
Code, $3,100,000 to remain available until expended.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Administration Enhancement
Act of 2015''.
SEC. 2. CADET COMMITMENT AGREEMENTS.
Section 51306(a) of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``must'' and inserting ``shall'';
(2) by amending paragraph (2) to read as follows:
``(2) obtain a merchant mariner license, unlimited as to
horsepower or tonnage, issued by the United States Coast Guard
as an officer in the merchant marine of the United States,
accompanied by the appropriate national and international
endorsements and certifications required by the Coast Guard for
service aboard vessels on domestic and international voyages,
without limitation, before graduation from the Academy;'';
(3) by amending paragraph (3) to read as follows:
``(3) for at least 6 years after graduation from the
Academy, maintain--
``(A) a valid merchant mariner license, unlimited
as to horsepower or tonnage, issued by the United
States Coast Guard as an officer in the merchant marine
of the United States, accompanied by the appropriate
national and international endorsements and
certifications required by the Coast Guard for service
aboard vessels on domestic and international voyages,
without limitation;
``(B) a valid transportation worker identification
credential; and
``(C) a United States Coast Guard medical
certificate;''; and
(4) by amending paragraph (4) to read as follows:
``(4) apply for, and accept if tendered, an appointment as
a commissioned officer in the Navy Reserve (including the
Strategic Sealift Officer Program, Navy Reserve), the Coast
Guard Reserve, or any other reserve component of an armed force
of the United States, and, if tendered the appointment, to
serve, meet the participation requirements, and maintain active
status in good standing, as determined by the program manager
of the appropriate military service, for at least 8 years after
the date of commissioning;''.
SEC. 3. STUDENT INCENTIVE PAYMENT AGREEMENTS.
Section 51509 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``(3) Authorized uses.--'' before
the last sentence and indenting accordingly;
(B) in the matter preceding paragraph (3), by
striking ``Payments'' and inserting ``(1) In general.--
Except as provided in paragraph (2), payments'' and
indenting accordingly; and
(C) by inserting after paragraph (1), the
following:
``(2) Exception.--The Secretary may modify the payments
made to an individual under paragraph (1), but the total amount
of payments to that individual may not exceed $32,000.'';
(2) in subsection (c), by striking ``Merchant Marine
Reserve'' and inserting ``Strategic Sealift Officer Program'';
(3) in subsection (d)--
(A) by amending paragraph (2) to read as follows:
``(2) obtain a merchant mariner license, without limitation
as to tonnage or horsepower, from the United States Coast Guard
as an officer in the merchant marine of the United States,
accompanied by the appropriate national and international
endorsements and certification required by the Coast Guard for
service aboard vessels on domestic and international voyages,
without limitation, within three months of completion of the
course of instruction at the academy the individual is
attending;'';
(B) by amending paragraph (3) to read as follows:
``(3) for at least 6 years after graduation from the
academy, maintain--
``(A) a valid merchant mariner license, unlimited
as to horsepower or tonnage, issued by the United
States Coast Guard as an officer in the merchant marine
of the United States, accompanied by the appropriate
national and international endorsements and
certifications required by the Coast Guard for service
aboard vessels on domestic and international voyages,
without limitation;
``(B) a valid transportation worker identification
credential; and
``(C) a United States Coast Guard medical
certificate;'' and
(C) by amending paragraph (4) to read as follows:
``(4) apply for, and accept, if tendered, an appointment as
a commissioned officer in the Navy Reserve (including the
Strategic Sealift Officer Program, Navy Reserve), the Coast
Guard Reserve, or any other reserve component of an armed force
of the United States, and, if tendered the appointment, to
serve and meet the participation requirements and to maintain
active status in good standing, as determined by the program
manager of the appropriate military service, for at least 8
years after the date of commissioning;'';
(4) by amending subsection (e)(1) to read as follows:
``(1) Active duty.--
``(A) In general.--The Secretary of Defense may
order an individual to serve on active duty in the
armed forces of the United States for a period of not
more than 2 years if--
``(i) the individual has attended an
academy under this section for more than 2
academic years, but less than 3 academic years;
``(ii) the individual has accepted the
payments described in subsection (b) in an
amount totaling at least $8,000; and
``(iii) the Secretary of Transportation has
determined that the individual has failed to
fulfill the part of the agreement described in
subsection (d)(1).
``(B) 3 or more years.--The Secretary of Defense
may order an individual to serve on active duty in the
armed forces of the United States for a period of not
more than 3 years if--
``(i) the individual has attended an
academy under this section for 3 or more
academic years;
``(ii) the individual has accepted the
payments described in subsection (b) in an
amount totaling at least $16,000; and
``(iii) the Secretary of Transportation has
determined that the individual has failed to
fulfill the part of the agreement described in
subsection (d)(1).
``(C) Hardship waiver.--In cases of hardship as
determined by the Secretary of Transportation, the
Secretary of Transportation may waive this paragraph in
whole or in part.''; and
(5) by adding at the end the following:
``(h) Alternative Service.--
``(1) Service as commissioned officer.--An individual who,
for the 5-year period following graduation from an academy,
serves as a commissioned officer on active duty in an armed
force of the United States or as a commissioned officer of the
National Oceanic and Atmospheric Administration or the Public
Health Service shall be excused from the requirements of
paragraphs (3) through (5) of subsection (d).
``(2) Modification or waiver.--The Secretary may modify or
waive any of the terms and conditions set forth in subsection
(d) through the imposition of alternative service
requirements.''.
SEC. 4. FEDERAL UNEMPLOYMENT TAX ACT.
Section 3305 of the Internal Revenue Code of 1986 (26 U.S.C. 3305)
is amended by striking ``Secretary of Commerce'' each place it appears
and inserting ``Secretary of Transportation''.
SEC. 5. SHORT SEA TRANSPORTATION DEFINED.
Paragraph (1) of section 55605 of title 46, United States Code, is
amended--
(1) in subparagraph (A), by striking ``or'';
(2) in subparagraph (B), by striking ``and''; and
(3) by adding at the end the following:
``(C) shipped in discrete units or packages that
are handled individually, palletized, or unitized for
purposes of transportation; or
``(D) freight vehicles carried aboard commuter
ferry boats; and''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY ASPECTS
OF THE MERCHANT MARINE FOR FISCAL YEARS 2016 AND 2017.
(a) Fiscal Year 2016.--Funds are hereby authorized to be
appropriated for fiscal year 2016, to be available without fiscal year
limitation if so provided in appropriations Acts, for the use of the
Department of Transportation for Maritime Administration programs
associated with maintaining national security aspects of the merchant
marine, as follows:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $96,028,000, of which--
(A) $71,306,000 shall remain available until
expended for Academy operations;
(B) $24,722,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $32,050,000, of which--
(A) $2,400,000 shall remain available until
expended for student incentive payments;
(B) $3,000,000 shall remain available until
expended for direct payments to such academies;
(C) $1,800,000 shall remain available until
expended for training ship fuel assistance payments;
(D) $22,000,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels;
(E) $2,500,000 shall remain available until
expended for a National Security Multi-Mission Vessel
Design Program; and
(F) $350,000 shall remain available until expended
for improving the monitoring of graduates' service
obligation.
(3) For expenses necessary to support Maritime
Administration operations and programs, $54,059,000.
(4) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $8,000,000 to remain available
until expended.
(5) For expenses 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, $186,000,000.
(6) 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 authorized by chapter 537 of title
46, United States Code, $3,135,000, of which $3,135,000 shall
remain available until expended for administrative expenses of
the program.
(b) Fiscal Year 2017.--Funds are hereby authorized to be
appropriated for fiscal year 2017, to be available without fiscal year
limitation if so provided in appropriations Acts, for the use of the
Department of Transportation for Maritime Administration programs
associated with maintaining national security aspects of the merchant
marine, as follows:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $96,028,000, of which--
(A) $71,306,000 shall remain available until
expended for Academy operations;
(B) $24,722,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $32,050,000, of which--
(A) $2,400,000 shall remain available until
expended for student incentive payments;
(B) $3,000,000 shall remain available until
expended for direct payments to such academies;
(C) $1,800,000 shall remain available until
expended for training ship fuel assistance payments;
(D) $22,000,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels;
(E) $2,500,000 shall remain available until
expended for a National Security Multi-Mission Vessel
Design Program; and
(F) $350,000 shall remain available until expended
for improving the monitoring of graduates' service
obligation.
(3) For expenses necessary to support Maritime
Administration operations and programs, $54,059,000.
(4) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $8,000,000 to remain available
until expended.
(5) For expenses 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, $186,000,000.
(6) 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 authorized by chapter 537 of title
46, United States Code, $3,135,000, of which $3,135,000 shall
remain available until expended for administrative expenses of
the program.
Calendar No. 280
114th CONGRESS
1st Session
S. 1326
[Report No. 114-158]
_______________________________________________________________________
A BILL
To amend certain maritime programs of the Department of Transportation,
and for other purposes.
_______________________________________________________________________
October 27, 2015
Reported with an amendment