S.Amdt. 2821

SA 2821. Mr. WICKER (for himself and Mr. Nelson) submitted an
amendment intended to be proposed by him to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. PORT AND INTERMODAL IMPROVEMENT PROGRAM.

(a) Port and Intermodal Improvement Program.--Section 50302
of title 46, United States Code, is amended by striking
subsection (c) and inserting the following:
``(c) Port and Intermodal Improvement Program.--
``(1) General authority.--Subject to the availability of
appropriations and the provisions of this subsection, the
Secretary of Transportation shall make grants, on a
competitive basis, under this subsection to eligible
applicants to assist in funding eligible projects for the
purpose of improving the safety, efficiency, or reliability
of the movement of goods through ports and intermodal
connections to ports.
``(2) Eligible applicant.--The Secretary may make a grant
under this subsection to the following:
``(A) A State.
``(B) A political subdivision of a State or local
government.
``(C) A public agency or publicly chartered authority
established by 1 or more States.
``(D) A special purpose district with a transportation
function.
``(E) A multistate or multijurisdictional group of entities
described in this subsection.
``(F) A lead entity described in subparagraph (A), (B),
(C), (D), or (E) jointly with a private entity or group of
private entities.

[[Page S3848]]

``(3) Eligible projects.--The Secretary may make a grant
under this subsection--
``(A) for a project that--
``(i) is either--

``(I) within the boundary of a port; or
``(II) outside the boundary of a port, but is directly
related to port operations or to an intermodal connection to
a port; and

``(ii) will be used to improve the safety, efficiency, or
reliability of--

``(I) the loading and unloading of goods at the port, such
as for marine terminal equipment;
``(II) the movement of goods into, out of, around, or
within a port, such as for highway or rail infrastructure,
intermodal facilities, freight intelligent transportation
systems, and digital infrastructure systems; or
``(III) the movement of vessels in and out of the port
facility by dredging a vessel berthing area that is not part
of a Federal channel or an access channel associated with a
Federal channel; or

``(B) to provide financial assistance to 1 or more projects
under subparagraph (A) for development phase activities,
including planning, feasibility analysis, revenue
forecasting, environmental review, permitting, and
preliminary engineering and design work.
``(4) Prohibited uses.--A grant award under this subsection
may not be used--
``(A) to finance or refinance the construction,
reconstruction, reconditioning, or purchase of a vessel that
is eligible for such assistance under chapter 537, unless the
Secretary determines such vessel--
``(i) is necessary for a project described in paragraph
(3)(A)(ii)(III) of this subsection; and
``(ii) is not receiving assistance under chapter 537; or
``(B) for any project within a small shipyard (as defined
in section 54101).
``(5) Applications and process.--
``(A) Applications.--
``(i) In general.--Subject to clause (ii), to be eligible
for a grant under this subsection, an eligible applicant
shall submit to the Secretary an application in such form, at
such time, and containing such information as the Secretary
considers appropriate.
``(ii) Inclusions.--An application under this subparagraph
shall include--

``(I) applicant contact information;
``(II) project location;
``(III) project description; and
``(IV) such other information as is necessary to select a
project in accordance with this subsection.

``(B) Solicitation process.--Not later than 30 days after
the date that amounts are made available for grants under
this subsection for a fiscal year, the Secretary shall
solicit grant applications for eligible projects in
accordance with this subsection.
``(6) Project selection criteria.--
``(A) In general.--The Secretary may select a project
described in paragraph (3) for funding under this subsection
if the Secretary determines that--
``(i) the project improves the safety, efficiency, or
reliability of the movement of goods through a port or
intermodal connection to a port;
``(ii) the project is cost-effective;
``(iii) the eligible applicant has authority to carry out
the project;
``(iv) the eligible applicant has sufficient funding
available to meet the matching requirements under paragraph
(8); and
``(v) the project will be completed without unreasonable
delay.
``(B) Preference.--In selecting projects described in
paragraph (3) for funding under this subsection, the
Secretary shall--
``(i) give preference to projects for which the Federal
share under paragraph (8)(B) does not exceed 50 percent; and
``(ii) after factoring in preference to projects under
clause (i), select projects that will maximize the net
benefits of the funds awarded under this subsection,
considering the cost-benefit analysis of the project, as
applicable, including anticipated private and public benefits
relative to the costs of the project.
``(C) Small projects.--The Secretary may waive the cost-
benefit analysis under subparagraph (A)(ii), and establish a
simplified, alternative basis for determining whether a
project is cost-effective, for a small project described in
paragraph (7)(B).
``(7) Allocation of funds.--
``(A) Geographic distribution.--Not more than 25 percent of
the amounts made available for grants under this subsection
for a fiscal year may be used to make grants for projects in
any 1 State.
``(B) Small projects.--The Secretary shall reserve 25
percent of the amounts made available for grants under this
subsection each fiscal year to make grants for eligible
projects described in paragraph (3)(A) that request the
lesser of--
``(i) 10 percent of the amounts made available for grants
under this subsection for a fiscal year; or
``(ii) $1,000,000.
``(C) Dredging projects.--Not more than 25 percent of the
amounts made available for grants under this subsection for a
fiscal year may be used to make grants for projects described
in paragraph (3)(A)(ii)(III).
``(D) Development phase activities.--Not more than 10
percent of the amounts made available for grants under this
subsection for a fiscal year may be used to make grants for
development phase activities under paragraph (3)(B).
``(8) Federal share of total project costs.--
``(A) Total project costs.--The Secretary shall estimate
the total costs of a project under this subsection based on
the best available information, including any available
engineering studies, studies of economic feasibility,
environmental analyses, and information on the expected use
of equipment or facilities.
``(B) Federal share.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), the Federal share of the total costs of a project
under this subsection shall not exceed 80 percent.
``(ii) Dredging projects.--The Federal share of the total
costs of a project described in paragraph (3)(A)(ii)(III)
shall not exceed 50 percent.
``(iii) Rural areas.--The Secretary may increase the
Federal share of costs above 80 percent for a project located
in a rural area.
``(9) TIFIA program.--At the request of an eligible
applicant under this subsection, the Secretary may use
amounts available under this subsection to pay the subsidy
and administrative costs of a project eligible for Federal
credit assistance under chapter 6 of title 23 if the
Secretary finds that such use of funds would advance the
purpose of this subsection.
``(10) Procedural safeguards.--The Secretary 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) each grantee properly accounts for all expenditures
of grant funds; and
``(C) grant funds not used for such purposes and amounts
not obligated or expended are returned.
``(11) Grant conditions.--The Secretary shall require as a
condition of making a grant under this subsection that a
grantee--
``(A) maintain such records as the Secretary considers
necessary;
``(B) make the records described in subparagraph (A)
available for review and audit by the Secretary; and
``(C) periodically report to the Secretary such information
as the Secretary considers necessary to assess progress.
``(12) Congressional approval.--
``(A) Submission to congress.--Before making a grant for a
project under this subsection, the Secretary shall, not later
than 150 days after the date that amounts are made available
for grants under this subsection for a fiscal year, submit to
the appropriate committees of Congress a report, including--
``(i) a list of each eligible project selected by the
Secretary under this subsection for a grant that fiscal year,
including the recommended funding level for each such
project; and
``(ii) an evaluation and justification for each such
project.
``(B) Committee review.--Not later than 60 days after the
date the report is submitted under subparagraph (A), the
appropriate committees of Congress shall--
``(i) for each eligible project described in clause (i) of
that subparagraph, approve or disapprove of the recommended
funding level for the project; and
``(ii) report an original joint resolution approving or
disapproving each eligible project described in clause (i) of
that subparagraph.
``(C) Approval.--The Secretary may not make a grant or any
other obligation or commitment to fund a project under this
subsection unless--
``(i) the project is included on the list under
subparagraph (A)(i); and
``(ii)(I) not later than 90 days after the date the report
is submitted under subparagraph (A), a joint resolution
described in subparagraph (B) is enacted that approves the
recommended funding level for the project; or
``(II) a joint resolution described in subparagraph (B) is
not enacted before the deadline under subclause (I).
``(D) Timing.--Not later than 30 days after the date of--
``(i) enactment of a joint resolution under subparagraph
(C)(ii)(I), the Secretary may make a grant to each approved
project as provided in the joint resolution; or
``(ii) the deadline under subparagraph (C)(ii)(I), if a
joint resolution is not enacted before such deadline, the
Secretary may make a grant to a project on the list under
subparagraph (A)(i).
``(E) Disapproved grant award.--If an eligible project
described in subparagraph (A)(i) is disapproved under this
paragraph--
``(i) the recommended funding shall remain available to the
Secretary for use for grants under this subsection in a
subsequent fiscal year; and
``(ii) the Secretary may not make a grant to that project
in the subsequent 4 fiscal years unless the application for
the project is substantially modified.
``(13) Limitation on statutory construction.--Nothing in
this subsection may be construed to affect existing
authorities to conduct port infrastructure programs in--
``(A) Hawaii, as authorized by section 9008 of the SAFETEA-
LU Act (Public Law 109-59; 119 Stat. 1926);
``(B) Alaska, as authorized by section 10205 of the
SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1934); or
``(C) Guam, as authorized by section 3512 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (48 U.S.C. 1421r).

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``(14) Reports.--The Secretary shall make available on the
website of the Department of Transportation at the end of
each fiscal year an annual report that lists each project for
which a grant has been provided under this subsection during
that fiscal year.
``(15) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
to carry out this subsection $5,000,000 for each of fiscal
years 2019 through 2022.
``(B) Administrative and oversight costs.--The Secretary
may retain not more than 1 percent of the amounts
appropriated for each fiscal year under this subsection for
the administrative and oversight costs incurred by the
Secretary to carry out this subsection.
``(C) Availability.--
``(i) In general.--Amounts appropriated for carrying out
this subsection shall remain available until expended.
``(ii) Unexpended funds.--Amounts awarded as a grant under
this subsection that are not expended by the grantee during
the 4-year period following the date of the award shall
remain available to the Secretary for use for grants under
this subsection in a subsequent fiscal year.
``(16) Definitions.--In this subsection:
``(A) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(i) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(ii) the Committee on Transportation and Infrastructure
of the House of Representatives.
``(B) Port.--The term `port' includes--
``(i) a sea port; and
``(ii) an inland port.
``(C) Project.--The term `project' includes construction,
reconstruction, rehabilitation, acquisition of property,
including land related to the project and improvements to the
land, equipment acquisition, and operational improvements.''.
(b) Savings Clause.--A repeal made by subsection (a) of
this section shall not affect amounts apportioned or
allocated before the effective date of the repeal. Such
apportioned or allocated funds shall continue to be subject
to the requirements to which the funds were subject under
section 50302(c) of title 46, United States Code, as in
effect on the day before the date of enactment of this Act.
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