II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Maritime Transpor5 tation System Emergency Relief Act of 2020’’. 


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1 SEC. 2. MARITIME TRANSPORTATION SYSTEM EMERGENCY 

2 RELIEF PROGRAM. 

3 (a) IN GENERAL.—Chapter 503 of title 46, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 50308. Maritime transportation system emergency 

7 relief program 

8 ‘‘(a) DEFINITIONS.—In this section the following 

9 definitions shall apply: 

10 ‘‘(1) ELIGIBLE STATE ENTITY.—The term ‘eli11 gible State entity’ means a port authority, or a 

12 State-owned or -operated vessel and facilities associ13 ated with the operation of such vessel, in any State. 

14 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en15 tity’ means a public or private entity that is created 

16 or organized in the United States or under the laws 

17 of the United States, with significant operations in 

18 and a majority of its employees based in the United 

19 States, that is engaged in— 

20 ‘‘(A) vessel construction, transportation by 

21 water, or support activities for transportation 

22 by water with an assigned North American In23 dustry Classification System code beginning 

24 with 3366, 483, or 4883; or 

25 ‘‘(B) as determined by the Secretary of 

26 Transportation— 


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1 ‘‘(i) construction related to activities 

2 described in subparagraph (A); or 

3 ‘‘(ii) maritime education and training. 

4 ‘‘(3) ELIGIBLE OPERATING COSTS.—The term 

5 ‘eligible operating costs’ means costs relating to— 

6 ‘‘(A) emergency response; 

7 ‘‘(B) cleaning; 

8 ‘‘(C) sanitization; 

9 ‘‘(D) janitorial services; 

10 ‘‘(E) staffing; 

11 ‘‘(F) workforce retention; 

12 ‘‘(G) paid leave; 

13 ‘‘(H) procurement and use of protective 

14 health equipment, testing, and training for em15 ployees and contractors; 

16 ‘‘(I) debt service payments; 

17 ‘‘(J) infrastructure repair projects; and 

18 ‘‘(K) other maritime transportation system 

19 operations; 

20 ‘‘(4) EMERGENCY.—The term ‘emergency’ 

21 means a natural disaster affecting a wide area (such 

22 as a flood, hurricane, tidal wave, earthquake, severe 

23 storm, or landslide) or a catastrophic failure from 

24 any external cause, that impacts the United States 


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1 maritime transportation system and as a result of 

2 which— 

3 ‘‘(A) the Governor of a State has declared 

4 an emergency and the Maritime Administrator, 

5 in consultation with the Administrator of the 

6 Federal Emergency Management Administra7 tion, has concurred in the declaration; 

8 ‘‘(B) the President has declared a major 

9 disaster under section 401 of the Robert T. 

10 Stafford Disaster Relief and Emergency Assist11 ance Act (42 U.S.C. 5170); 

12 ‘‘(C) a national emergency declared by the 

13 President under the National Emergencies Act 

14 (50 U.S.C. 1601 et seq.) is in effect; or 

15 ‘‘(D) a public health emergency declared 

16 pursuant to section 319 of the Public Health 

17 Service Act (42 U.S.C. 247d) is in effect. 

18 ‘‘(b) GENERAL AUTHORITY.—The Maritime Admin19 istrator may— 

20 ‘‘(1) make grants to eligible State entities for 

21 eligible operating costs; and 

22 ‘‘(2) make grants and enter into contracts and 

23 other agreements with eligible entities for— 

24 ‘‘(A) the costs of capital projects to pro25 tect, repair, reconstruct, or replace equipment 


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1 and facilities of the United States maritime 

2 transportation system that the Maritime Ad3 ministrator determines is in danger of suffering 

4 serious physical damage, or has suffered serious 

5 physical damage, as a result of an emergency; 

6 and 

7 ‘‘(B) eligible operating costs of United 

8 States maritime transportation equipment and 

9 facilities in an area directly affected by an 

10 emergency during— 

11 ‘‘(i) the 1-year period beginning on 

12 the date of a declaration described in sub13 sections (a)(4)(A) and (a)(4)(B); and 

14 ‘‘(ii) an additional 1-year period be15 ginning 1 year after the date of a declara16 tion described in subsections (a)(4)(A) and 

17 (a)(4)(B), if the Maritime Administrator, 

18 in consultation with the Administrator of 

19 the Federal Emergency Management Ad20 ministration, determines there is a compel21 ling need arising out of the emergency for 

22 which the declaration is made. 

23 ‘‘(c) ALLOCATION.—The Maritime Administrator 

24 shall determine an appropriate method for the equitable 


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1 allocation and distribution of funds under this section to 

2 eligible State entities and eligible entities. 

3 ‘‘(d) APPLICATIONS.—An applicant for assistance 

4 under this section shall submit an application for such as5 sistance to the Maritime Administrator at such time, in 

6 such manner, and containing such information and assur7 ances as the Maritime Administrator may require. 

8 ‘‘(e) COORDINATION OF EMERGENCY FUNDS.— 

9 ‘‘(1) USE OF FUNDS.—Funds appropriated to 

10 carry out this section shall be in addition to any 

11 other funds available under this chapter. 

12 ‘‘(2) NO EFFECT ON OTHER GOVERNMENT AC13 TIVITY.—The provision of funds under this section 

14 shall not affect the ability of any other agency of the 

15 Government, including the Federal Emergency Man16 agement Agency, or a State agency, a local govern17 mental entity, organization, or person, to provide 

18 any other funds otherwise authorized by law. 

19 ‘‘(f) GRANT REQUIREMENTS.—A grant awarded 

20 under this section that is made to address an emergency 

21 defined under subsection (a)(4)(B) shall be— 

22 ‘‘(1) subject to the terms and conditions the 

23 Maritime Administrator determines are necessary; 

24 and 


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1 ‘‘(2) made only for expenses that are not reim2 bursed under the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5121 et 

4 seq.) or any Federal, State, or local assistance pro5 gram. 

6 ‘‘(g) FEDERAL SHARE OF COSTS.—The Federal 

7 share payable of the costs for which a grant is made under 

8 this section shall be 100 percent. 

9 ‘‘(h) ADMINISTRATIVE COSTS.—Of the amounts 

10 available to carry out this section, not more than one-half 

11 of one percent may be used for administration of this sec12 tion. 

13 ‘‘(i) QUALITY ASSURANCE.—The Maritime Adminis14 trator shall institute adequate policies, procedures, and in15 ternal controls to prevent waste, fraud, abuse, and pro16 gram mismanagement for the distribution of funds under 

17 this section. 

18 ‘‘(j) REPORTS.—The Maritime Administrator shall 

19 annually report to the Congress regarding financial assist20 ance provided under this section, including a description 

21 of such assistance.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for such 

23 chapter is amended by adding at the end the following: 

‘‘50308. Maritime transportation system emergency relief program.’’. 

24 (c) INCLUSION OF COVID–19 PANDEMIC PUBLIC

25 HEALTH EMERGENCY.—For purposes of section 50308 of 


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1 title 46, United States Code, as amended by subsection 

2 (a), the public health emergency declared pursuant to sec3 tion 319 of the Public Health Service Act (42 U.S.C. 

4 247d) resulting from the COVID–19 pandemic shall be 

5 treated as an emergency. 

Æ 


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