[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3270 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 3270

  To reauthorize the Maritime Administration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2021

  Ms. Cantwell (for herself and Mr. Wicker) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To reauthorize the Maritime Administration, 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 Administration 
Reauthorization Act of 2022''.

SEC. 2. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

    There are authorized to be appropriated to the Department of 
Transportation for fiscal year 2022, for programs associated with 
maintaining the United States Merchant Marine, the following amounts:
            (1) For expenses necessary to support the United States 
        Merchant Marine Academy, $90,532,000, of which--
                    (A) $85,032,000, to remain available until 
                September 30, 2023, shall be for Academy operations; 
                and
                    (B) $5,500,000, to remain available until expended, 
                shall be for facilities maintenance and repair and 
                equipment.
            (2) For expenses necessary for operations, support, and 
        training activities for the State maritime academies, 
        $50,780,000, of which--
                    (A) $2,400,000, to remain available until September 
                30, 2026, shall be for the Student Incentive Program;
                    (B) $6,000,000, to remain available until September 
                30, 2023, shall be for direct payments for State 
                maritime academies;
                    (C) $3,800,000, to remain available until expended, 
                shall be for training ship fuel assistance;
                    (D) $8,080,000, to remain available until expended, 
                shall be for offsetting the costs of training ship 
                sharing; and
                    (E) $30,500,000, to remain available until 
                expended, shall be for maintenance and repair, of State 
                maritime academy training vessels.
            (3) For expenses necessary to support the National Security 
        Multi-Mission Vessel Program, $315,600,000, which shall remain 
        available until expended.
            (4) For expenses necessary to support Maritime 
        Administration operations and programs, $81,853,000, of which--
                    (A) $10,000,000, to remain available until 
                expended, shall be for the Maritime Environmental and 
                Technical Assistance program authorized under section 
                50307 of title 46, United States Code;
                    (B) $11,000,000, to remain available until 
                expended, shall be for the Marine Highways Program, 
                including to make grants as authorized under section 
                55601 of title 46, United States Code; and
                    (C) $60,853,000, to remain available until 
                September 30, 2022, shall be for headquarters 
                operations expenses.
            (5) For expenses necessary for the disposal of vessels in 
        the National Defense Reserve Fleet of the Maritime 
        Administration, $10,000,000, which shall remain available until 
        expended.
            (6) For expenses necessary to maintain and preserve a 
        United States-flag merchant fleet to serve the national 
        security needs of the United States, as authorized under 
        chapter 531 of title 46, United States Code, $318,000,000, 
        which shall remain available until expended.
            (7) For expenses necessary for the loan guarantee program 
        authorized under chapter 537 of title 46, United States Code, 
        $33,000,000, of which--
                    (A) $30,000,000, to remain available until 
                expended, shall be 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; 
                and
                    (B) $3,000,000, to remain available until expended, 
                may be used for administrative expenses relating to 
                loan guarantee commitments under the program.
            (8) For expenses necessary to provide for the Tanker 
        Security Fleet, as authorized under chapter 534 of title 46, 
        United States Code, $60,000,000, which shall remain available 
        until expended.
            (9) For expenses necessary to provide assistance to small 
        shipyards and for maritime training programs authorized under 
        section 54101 of title 46, United States Code, $40,000,000, 
        which shall remain available until expended.
            (10) For expenses necessary to implement the Port and 
        Intermodal Improvement Program, $750,000,000, to remain 
        available until expended, except that no such funds may be used 
        to provide a grant to purchase fully automated cargo handling 
        equipment that is remotely operated or remotely monitored with 
        or without the exercise of human intervention or control, if 
        the Secretary determines such equipment would result in a net 
        loss of jobs within a port of port terminal.

SEC. 3. EXPANDING THE MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE 
              PROGRAM.

    (a) Maritime Environmental and Technical Assistance Program.--From 
the amount appropriated under section 2(1)(A), not more than 60 percent 
shall be reserved for activities related to technologies that support 
port and vessel air emissions reductions and to support zero emissions 
technologies, including identification of new fuel or other power 
sources.
    (b) Uses.--Section 50307 of title 46, United States Code, is 
amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Uses.--The results of activities conducted under subsection 
(b)(1) shall be used to inform the policy decisions of the United 
States related to domestic regulations and to the United States 
position on matters before the International Maritime Organization.''.

SEC. 4. SUSTAINABLE PORT INFRASTRUCTURE.

    (a) Short Title.--This section may be cited as the ``Sustainable 
Port Infrastructure Act''.
    (b) Port Development.--Section 50302(c) of title 46, United States 
Code, is amended--
            (1) in paragraph (3)(A)(ii)--
                    (A) in subclause (II), by striking ``or'' after the 
                semicolon; and
                    (B) by adding at the end the following:
                                    ``(IV) projects that improve the 
                                resiliency of ports to address sea-
                                level rise, flooding, extreme weather 
                                events, including earthquakes, 
                                hurricanes and tsunami inundation, 
                                including projects for--
                                            ``(aa) port electrification 
                                        or electrification master 
                                        planning;
                                            ``(bb) harbor craft or 
                                        equipment replacements/
                                        retrofits;
                                            ``(cc) development of port 
                                        or terminal micro-grids;
                                            ``(dd) providing idling 
                                        reduction infrastructure;
                                            ``(ee) purchase of cargo 
                                        handling equipment and related 
                                        infrastructure;
                                            ``(ff) worker training to 
                                        support electrification 
                                        technology;
                                            ``(gg) installation of port 
                                        bunkering facilities from 
                                        ocean-going vessels for fuels;
                                            ``(hh) electric vehicle 
                                        charge or hydrogen refueling 
                                        infrastructure for drayage, and 
                                        medium or heavy duty trucks and 
                                        locomotives that service the 
                                        port and related grid upgrades; 
                                        or
                                            ``(ii) other related to 
                                        port activities including 
                                        charging infrastructure, 
                                        electric rubber-tired gantry 
                                        cranes, and anti-idling 
                                        technologies; or'';
            (2) in paragraph (7)(B), by striking ``18 percent'' and 
        inserting ``25 percent''; and
            (3) in paragraph (10)--
                    (A) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively; and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) Efficient use of non-federal funds.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law and subject to approval 
                        by the Secretary, in the case of any grant for 
                        a project under this section, during the period 
                        beginning on the date on which the grant 
                        recipient is selected and ending on the date on 
                        which the grant agreement is signed--
                                    ``(I) the grant recipient may 
                                obligate and expend non-Federal funds 
                                with respect to the project for which 
                                the grant is provided; and
                                    ``(II) any non-Federal funds 
                                obligated or expended in accordance 
                                with subclause (I) shall be credited 
                                toward the non-Federal cost share for 
                                the project for which the grant is 
                                provided.
                            ``(ii) Requirements.--
                                    ``(I) Application.--In order to 
                                obligate and expend non-Federal funds 
                                under clause (i), the grant recipient 
                                shall submit to the Secretary a request 
                                to obligate and expend non-Federal 
                                funds under that clause, including--
                                            ``(aa) a description of the 
                                        activities the grant recipient 
                                        intends to fund;
                                            ``(bb) a justification for 
                                        advancing the activities 
                                        described in item (aa), 
                                        including an assessment of the 
                                        effects to the project scope, 
                                        schedule, and budget if the 
                                        request is not approved; and
                                            ``(cc) the level of risk of 
                                        the activities described in 
                                        item (aa).
                                    ``(II) Approval.--The Secretary 
                                shall approve or disapprove each 
                                request submitted under subclause (I).
                                    ``(III) Compliance with applicable 
                                requirements.--Any non-Federal funds 
                                obligated or expended under clause (i) 
                                shall comply with all applicable 
                                requirements, including any 
                                requirements included in the grant 
                                agreement.
                            ``(iii) Effect.--The obligation or 
                        expenditure of any non-Federal funds in 
                        accordance with this subparagraph shall not--
                                    ``(I) affect the signing of a grant 
                                agreement or other applicable grant 
                                procedures with respect to the 
                                applicable grant;
                                    ``(II) create an obligation on the 
                                part of the Federal Government to repay 
                                any non-Federal funds if the grant 
                                agreement is not signed; or
                                    ``(III) affect the ability of the 
                                recipient of the grant to obligate or 
                                expend non-Federal funds to meet the 
                                non-Federal cost share for the project 
                                for which the grant is provided after 
                                the period described in clause (i).''.

SEC. 5. ELIJAH CUMMINGS SHIP AMERICAN ACT.

    (a) Repeal in MAP-21.--Section 100124 of the Moving Ahead for 
Progress in the 21st Century Act (Public Law 112-141) is repealed, and 
the provisions of law that were repealed or amended by that section are 
reenacted and amended, respectively, to read as if such section were 
not enacted.
    (b) Repeal in Bipartisan Budget Act of 2013.--Section 602 of the 
Bipartisan Budget Act of 2013 (Public Law 113-67) is repealed, and the 
provisions of law that were repealed or amended by that section are 
reenacted and amended, respectively, to read as of such section were 
not enacted.
    (c) Transportation Requirements for Certain Exports Sponsored by 
the Secretary of Agriculture.--Subsection (a)(1) of section 55314 of 
title 46, United States Code, as reenacted by this section, is amended 
by striking ``25 percent'' and inserting ``75 percent''.
    (d) Financing the Transportation of Agricultural Commodities.--
Section 55316(a) of title 46, United States Code, as reenacted by this 
section, is amended by inserting ``or from the application of section 
55305 of this title, requiring transportation on privately-owned 
commercial vessels of the United States for 100 percent of the gross 
tonnage of certain equipment, materials, or commodities'' before the 
period.
    (e) Cargoes Procured, Furnished, or Financed by the United States 
Government.--Section 55305(b) of title 46, United States Code, is 
amended by striking ``50'' and inserting ``75''.

SEC. 6. SENSE OF CONGRESS ON THE UNITED STATES MERCHANT MARINE.

    It is the sense of Congress that the United States Merchant Marine 
is a critical part of the United States' national infrastructure, and 
the men and women of the United States Merchant Marine are essential 
workers.

SEC. 7. ENSURING DIVERSE MARINER RECRUITMENT.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary of Transportation shall develop and deliver to Congress a 
strategy to assist State maritime academies and the United States 
Merchant Marine Academy to improve the representation of women and 
underrepresented communities in the next generation of the mariner 
workforce, including--
            (1) Black or African American;
            (2) Hispanic or Latino;
            (3) Asian;
            (4) American Indians, Alaska Native, or Native Hawaiians; 
        or
            (5) Pacific Islander.

SEC. 8. MARITIME TECHNOLOGICAL ADVANCEMENT ACT OF 2021.

    (a) Short Title.--This section may be cited as the ``Maritime 
Technological Advancement Act of 2021''.
    (b) Centers of Excellence for Domestic Maritime Workforce.--Section 
51706 of title 46, United States Code, is amended--
            (1) in subsection (a), by striking ``of Transportation'';
            (2) in subsection (b), in the subsection heading, by 
        striking ``Assistance'' and inserting ``Cooperative 
        Agreements'';
            (3) by redesignating subsection (c) as subsection (d);
            (4) in subsection (d), as redesignated by paragraph (2), by 
        adding at the end the following:
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.''; and
            (5) by inserting after subsection (b) the following:
    ``(c) Grant Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Administrator.--The term `Administrator' 
                means the Administrator of the Maritime Administration.
                    ``(B) Eligible institution.--The term `eligible 
                institution' means an institution that has a 
                demonstrated record of success in training and is--
                            ``(i) a postsecondary educational 
                        institution (as such term is defined in section 
                        3 of the Carl D. Perkins Career and Technical 
                        Education Act of 2006 (20 U.S.C. 2302)) that 
                        offers a 2-year program of study or a 1-year 
                        program of training;
                            ``(ii) a postsecondary vocational 
                        institution, as defined under title 600.6 of 
                        title 34, Code of Federal Regulations, or 
                        similar successor regulation; or
                            ``(iii) another structured experiential 
                        learning training program for American workers 
                        in the United States maritime industry, 
                        including a program offered by a labor 
                        organization or conducted in partnerships with 
                        a nonprofit organization or 1 or more employers 
                        in the maritime industry.
                    ``(C) United states maritime industry.--The term 
                `United States maritime industry' means all segments of 
                the maritime-related transportation system of the 
                United States, both in domestic and foreign trade, and 
                in coastal, offshore, and inland waters, as well as 
                non-commercial maritime activities, such as pleasure 
                boating and marine sciences (including all scientific 
                research vessels), and all of the industries that 
                support or depend upon such uses, including vessel 
                construction and repair, vessel operations, ship 
                logistics supply, berthing, port operations, port 
                intermodal operations, marine terminal operations, 
                vessel design, marine brokerage, marine insurance, 
                marine financing, chartering, maritime-oriented supply 
                chain operations, offshore industry, offshore wind, and 
                maritime-oriented research and development.
            ``(2) Grant authorization.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, the Administrator 
                may award maritime career training grants to eligible 
                institutions for the purpose of developing, offering, 
                or improving educational or career training programs 
                for workers in the United States related to the 
                maritime workforce.
                    ``(B) Guidelines.--Not later than 1 year after the 
                date of enactment of this section, the Administrator 
                shall--
                            ``(i) promulgate guidelines for the 
                        submission of grant proposals under this 
                        subsection; and
                            ``(ii) publish and maintain such guidelines 
                        on the website of the Maritime Administration.
            ``(3) Limitations.--The Administrator may not award a grant 
        under this subsection in an amount that is more than 
        $12,000,000.
            ``(4) Required information.--
                    ``(A) In general.--An eligible institution that 
                desires to receive a grant under this subsection shall 
                submit to the Administrator a grant proposal that 
                includes a detailed description of--
                            ``(i) the specific project for which the 
                        grant proposal is submitted, including the 
                        manner in which the grant will be used to 
                        develop, offer, or improve an educational or 
                        career training program that is suited to 
                        maritime industry workers;
                            ``(ii) the extent to which the project for 
                        which the grant proposal is submitted will meet 
                        the educational or career training needs of 
                        maritime workers in the community served by the 
                        eligible institution, particularly any 
                        individuals with a barrier to employment;
                            ``(iii) the extent to which the project for 
                        which the grant proposal is submitted fits 
                        within any overall strategic plan developed by 
                        an eligible community; and
                            ``(iv) a description of the previous 
                        experience of the eligible institution in 
                        providing maritime educational or career 
                        training programs.
                    ``(B) Community outreach required.--In order to be 
                considered by the Administrator, a grant proposal 
                submitted by an eligible institution under this 
                subsection shall--
                            ``(i) demonstrate that the eligible 
                        institution--
                                    ``(I) reached out to employers to 
                                identify--
                                            ``(aa) any shortcomings in 
                                        existing maritime educational 
                                        and career training 
                                        opportunities available to 
                                        workers in the community; and
                                            ``(bb) any future 
                                        employment opportunities within 
                                        the community and the 
                                        educational and career training 
                                        skills required for workers to 
                                        meet the future maritime 
                                        employment demand; and
                                    ``(II) reached out to other 
                                similarly situated entities in an 
                                effort to benefit from any best 
                                practices that may be shared with 
                                respect to providing maritime 
                                educational or career training programs 
                                to workers eligible for training; and
                            ``(ii) include a detailed description of--
                                    ``(I) the extent and outcome of the 
                                outreach conducted under clause (i);
                                    ``(II) the extent to which the 
                                project for which the grant proposal is 
                                submitted will contribute to meeting 
                                any shortcomings identified under 
                                clause (i)(I)(aa) or any maritime 
                                educational or career training needs 
                                identified under clause (i)(I)(bb); and
                                    ``(III) the extent to which 
                                employers, including small- and medium-
                                sized firms within the community, have 
                                demonstrated a commitment to employing 
                                workers who would benefit from the 
                                project for which the grant proposal is 
                                submitted.
            ``(5) Criteria for award of grants.--
                    ``(A) In general.--Subject to the appropriation of 
                funds, the Administrator shall award a grant under this 
                subsection based on--
                            ``(i) a determination of the merits of the 
                        grant proposal submitted by the eligible 
                        institution to develop, offer, or improve 
                        maritime educational or career training 
                        programs to be made available to workers;
                            ``(ii) an evaluation of the likely 
                        employment opportunities available to workers 
                        who complete a maritime educational or career 
                        training program that the eligible institution 
                        proposes to develop, offer, or improve;
                            ``(iii) an evaluation of prior demand for 
                        training programs by workers in the community 
                        served by the eligible institution, as well as 
                        the availability and capacity of existing 
                        maritime training programs to meet future 
                        demand for training programs;
                            ``(iv) any prior designation of an 
                        institution as a Center of Excellence for 
                        Domestic Maritime Workforce Training and 
                        Education; and
                            ``(v) an evaluation of the previous 
                        experience of the eligible institution in 
                        providing maritime educational or career 
                        training programs.
                    ``(B) Matching requirements.--A grant awarded under 
                this subsection may not be used to satisfy any private 
                matching requirement under any other provision of law.
            ``(6) Competitive awards.--
                    ``(A) In general.--The Administrator shall award 
                grants under this subsection to eligible institutions 
                on a competitive basis in accordance with guidelines 
                and requirements established by the Administrator under 
                paragraph (2)(B).
                    ``(B) Timing of grant notice.--The Administrator 
                shall post a Notice of Funding Opportunity regarding 
                grants awarded under this subsection not more than 90 
                days after the date of enactment of the appropriations 
                Act for the fiscal year concerned.
                    ``(C) Timing of grants.--The Administrator shall 
                award grants under this subsection not later than 270 
                days after the date of enactment of the appropriations 
                Act for the fiscal year concerned.
                    ``(D) Application of requirements.--The 
                requirements under subparagraphs (B) and (C) shall not 
                apply until the guidelines required under paragraph 
                (2)(B) have been promulgated.
                    ``(E) Reuse of unexpended grant funds.--
                Notwithstanding subparagraph (C), amounts awarded as a 
                grant under this subsection that are not expended by 
                the grantee shall remain available to the Administrator 
                for use for grants under this subsection.
                    ``(F) Administrative costs.--Not more than 3 
                percent of amounts made available to carry out this 
                subsection may be used for the necessary costs of grant 
                administration.
            ``(7) Eligible uses of grant funds.--An eligible 
        institution receiving a grant under this subsection--
                    ``(A) shall carry out activities that are 
                identified as priorities for the purpose of developing, 
                offering, or improving educational or career training 
                programs for the United States maritime industry 
                workforce;
                    ``(B) shall provide training to upgrade the skills 
                of the United States maritime industry workforce, 
                including training to acquire covered requirements as 
                well as technical skills training for jobs in the 
                United States maritime industry; and
                    ``(C) may use the grant funds to--
                            ``(i) admit additional students to maritime 
                        training programs;
                            ``(ii) develop, establish, and annually 
                        update viable training capacity, courses and 
                        mechanisms to rapidly upgrade skills and 
                        perform assessments of merchant mariners during 
                        time of war or national emergency and to 
                        increase credentials for domestic or defense 
                        needs where training can decrease the gap in 
                        the numbers of qualified mariners for sealift;
                            ``(iii) provide services to upgrade the 
                        skills of United States offshore wind marine 
                        service workers who transport, install, 
                        operate, or maintain offshore wind components 
                        and turbines, including training, curriculum, 
                        and career pathway development, on-the-job 
                        training, safety, and health training, and 
                        classroom training;
                            ``(iv) expand existing or create new 
                        maritime training programs, including through 
                        partnerships and memoranda of understanding 
                        with 4-year institutions of higher education, 
                        labor organizations, apprenticeships with the 
                        United States maritime industry, or with 1 or 
                        more employers in the maritime industry;
                            ``(v) create new maritime career pathways;
                            ``(vi) expand existing or create new 
                        training programs for transitioning military 
                        veterans to careers in the United States 
                        maritime industry;
                            ``(vii) expand existing or create new 
                        training programs that address the needs of 
                        individuals with a barrier to employment, as 
                        determined by the Secretary in consultation 
                        with the Secretary of Labor, in the United 
                        States maritime industry;
                            ``(viii) purchase, construct, develop, 
                        expand, or improve training facilities, 
                        buildings, and equipment to deliver maritime 
                        training programs;
                            ``(ix) recruit and train additional faculty 
                        to expand the maritime training programs 
                        offered by the eligible institution;
                            ``(x) provide financial assistance through 
                        scholarships or tuition waivers, not to exceed 
                        the applicable tuition expenses associated with 
                        the covered programs;
                            ``(xi) promote the use of distance learning 
                        that enables students to take courses through 
                        the use of teleconferencing, the Internet, and 
                        other media technology;
                            ``(xii) assist in providing services to 
                        address maritime workforce recruitment and 
                        training of youth residing in targeted high-
                        poverty areas within empowerment zones and 
                        enterprise communities;
                            ``(xiii) implement partnerships with 
                        national and regional organizations with 
                        special expertise in developing, organizing, 
                        and administering maritime workforce 
                        recruitment and training services;
                            ``(xiv) carry out customized training in 
                        conjunction with an existing registered 
                        apprenticeship program or pre-apprenticeship 
                        program, paid internship, or joint labor-
                        management partnership;
                            ``(xv) carry out customized training in 
                        conjunction with an existing registered 
                        apprenticeship program or pre-apprenticeship 
                        program, paid internship, or joint labor-
                        management partnership;
                            ``(xvi) design, develop, and test an array 
                        of approaches to providing recruitment, 
                        training, or retention services, to enhance 
                        diversity, equity and inclusion in the United 
                        States maritime industry workforce;
                            ``(xvii) in conjunction with employers, 
                        organized labor, other groups (such as 
                        community coalitions), and Federal, State, or 
                        local agencies, design, develop, and test 
                        various training approaches in order to 
                        determine effective practices; or
                            ``(xviii) assist in the development and 
                        replication of effective service delivery 
                        strategies for the United States maritime 
                        industry as a whole.
            ``(8) Public report.--Not later than December 15 in each of 
        the calendar years 2023 through 2025, the Administrator shall 
        make available on a publicly available website a report and 
        provide a briefing to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives--
                    ``(A) describing each grant awarded under this 
                subsection during the preceding fiscal year;
                    ``(B) assessing the impact of each award of a grant 
                under this subsection in a fiscal year preceding the 
                fiscal year referred to in subparagraph (A) on workers 
                receiving training; and
                    ``(C) describing the performance of the grant 
                awarded with respect to the indicators of performance 
                under section 116(b)(2)(A)(i) of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 
                3141(b)(2)(A)(i)).
            ``(9) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $60,000,000 for 
        each of the fiscal years 2022 through 2026.''.

SEC. 9. PREPARING THE MARITIME WORKFORCE FOR LOW AND ZERO EMISSION 
              VESSELS.

    (a) Development of Strategy.--The Secretary of Transportation, in 
consultation with the United States Merchant Marine Academy, State 
maritime academies, and civilian nautical schools and the Secretary of 
the department in which the Coast Guard is operating, shall develop a 
strategy to ensure there is an adequate supply of trained United States 
citizen mariners sufficient to meet the operational requirements of low 
and zero emission vessels.
    (b) Report.--Not later than 6 months after the date the Secretary 
of Transportation determines that there is commercially viable 
technology for low and zero emission vessels, the Secretary of 
Transportation shall--
            (1) submit a report on the strategy developed under 
        subsection (a) and plans for its implementation to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives; and
            (2) make such report publicly available.

SEC. 10. NAVAL TECHNOLOGY TRANSFER FOR QUIETING FEDERAL NON-COMBATANT 
              VESSELS.

    (a) In General.--The Secretary of Defense, in consultation with the 
Administrator of the National Oceanic and Atmospheric Administration, 
the Administrator of the Maritime Administration, and the Secretary of 
the department in which the Coast Guard is operating, shall, not later 
than 18 months after the date of enactment of this Act, submit a report 
to the committees identified under subsection (b) and publish an 
unclassified report--
            (1) identifying existing, at the time of submission, non-
        classified naval technologies that reduce underwater noise; and
            (2) evaluating the effectiveness and feasibility of 
        incorporating such technologies in the design, procurement, and 
        construction of non-combatant vessels of the United States.
    (b) Committees.--The report under subsection (a) shall be submitted 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Defense for carrying out this section, 
$100,000 for fiscal year 2022, to remain available until expended.

SEC. 11. STUDY EXAMINING THE IMPACT OF STORMWATER RUNOFF AND TIRES NEAR 
              PORTS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Administrator of the National Oceanic and Atmospheric 
Administration, in concert with the Secretary of Transportation and the 
Administrator of the Environmental Protection Agency, shall commence a 
study that--
            (1) examines the existing science on tire-related chemicals 
        in stormwater runoff at ports and associated transportation 
        infrastructure and the impacts of such chemicals on Pacific 
        salmon and steelhead;
            (2) examines the challenges of studying tire-related 
        chemicals in stormwater runoff at ports and associated 
        transportation infrastructure and the impacts of such chemicals 
        on Pacific salmon and steelhead;
            (3) provides recommendations for improving monitoring of 
        stormwater and research related to run-off for tire-related 
        chemicals and the impacts of such chemicals on Pacific salmon 
        and steelhead at ports and associated transportation 
        infrastructure near ports; and
            (4) provides recommendations based on the best available 
        science on relevant management approaches at ports and 
        associated transportation infrastructure under their respective 
        jurisdictions.
    (b) Submission of Study.--Not later than 18 months after commencing 
the study under subsection (a), the Administrator of the National 
Oceanic and Atmospheric Administration, in concert with the Secretary 
of Transportation and the Administrator of the Environmental Protection 
Agency, shall--
            (1) submit the study to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, including detailing any findings from the 
        study; and
            (2) make such study publicly available.

SEC. 12. STRATEGIC SEAPORTS.

    Section 50302(c)(6) of title 46, United States Code, is amended by 
adding at the end the following:
                    ``(C) Infrastructure improvements identified in the 
                report on strategic seaports.--In selecting projects 
                described in paragraph (3) for funding under this 
                subsection, the secretary shall consider infrastructure 
                improvements identified in the report on strategic 
                seaports required by section 3515 of the National 
                Defense Authorization Act for Fiscal Year 2020 (Public 
                Law 116-92; 133 Stat. 1985) that would improve the 
                commercial operations of those seaports.''.

SEC. 13. IMPROVING PROTECTIONS FOR MIDSHIPMEN ACT.

    (a) Short Title.--This section may be cited as the ``Improving 
Protections for Midshipmen Act''.
    (b) Suspension or Revocation of Merchant Mariner Credentials for 
Perpetrators of Sexual Harassment or Sexual Assault.--
            (1) In general.--Chapter 77 of title 46, United States 
        Code, is amended by inserting after section 7704 the following:

``SEC. 7704A. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR 
              SUSPENSION OR REVOCATION.

    ``(a) Sexual Harassment.--If it is shown at a hearing under this 
chapter that a holder of a license, certificate of registry, or 
merchant mariner's document issued under this part within 10 years 
before the beginning of the suspension and revocation proceedings, is 
the subject of a substantiated claim of sexual harassment, then the 
license, certificate of registry, or merchant mariner's document shall 
be suspended or revoked.
    ``(b) Sexual Assault.--If it is shown at a hearing under this 
chapter that a holder of a license, certificate of registry, or 
merchant mariner's document issued under this part within 20 years 
before the beginning of the suspension and revocation proceedings, is 
the subject of a substantiated claim of sexual assault, then the 
license, certificate of registry, or merchant mariner's document shall 
be revoked.
    ``(c) Substantiated Claim.--
            ``(1) In general.--The term `substantiated claim' means--
                    ``(A) a finding by any administrative or legal 
                proceeding that the individual committed sexual 
                harassment or sexual assault in violation of any 
                Federal, State, local or Tribal law or regulation; or
                    ``(B) a determination after an investigation by the 
                Coast Guard that it is more likely than not the 
                individual committed sexual harassment or sexual 
                assault as defined in subsection (c).
            ``(2) Investigation by the coast guard.--An investigation 
        by the Coast Guard under paragraph (1)(B) shall include 
        evaluation of the following materials that shall be provided to 
        the Coast Guard:
                    ``(A) Any inquiry or determination made by the 
                employer as to whether the individual committed sexual 
                harassment or sexual assault.
                    ``(B) Upon request, from an employer or former 
                employer of the individual, any investigative 
                materials, documents, records, or files in its 
                possession that are related to the claim of sexual 
                harassment or sexual assault by the individual.
    ``(d) Definitions.--
            ``(1) Sexual harassment.--The term `sexual harassment' 
        means any of the following:
                    ``(A) Conduct that--
                            ``(i) involves unwelcome sexual advances, 
                        requests for sexual favors, or deliberate or 
                        repeated offensive comments or gestures of a 
                        sexual nature when--
                                    ``(I) submission to such conduct is 
                                made either explicitly or implicitly a 
                                term or condition of a person's job, 
                                pay, or career;
                                    ``(II) submission to or rejection 
                                of such conduct by a person is used as 
                                a basis for career or employment 
                                decisions affecting that person;
                                    ``(III) such conduct has the 
                                purpose or effect of unreasonably 
                                interfering with an individual's work 
                                performance or creates an intimidating, 
                                hostile, or offensive working 
                                environment; or
                                    ``(IV) conduct may have been by a 
                                person's supervisor, a supervisor in 
                                another area, a co-worker, or another 
                                credentialed mariner; and
                            ``(ii) is so severe or pervasive that a 
                        reasonable person would perceive, and the 
                        victim does perceive, the environment as 
                        hostile or offensive.
                    ``(B) Any use or condonation, by any person in a 
                supervisory or command position, of any form of sexual 
                behavior to control, influence, or affect the career, 
                pay, or job of a subordinate.
                    ``(C) Any deliberate or repeated unwelcome verbal 
                comment or gesture of a sexual nature by any fellow 
                employee of the complainant.
            ``(2) Sexual assault.--The term `sexual assault' means any 
        form of abuse or contact as defined in chapter 109A of title 
        18, United States Code.
    ``(e) Regulations.--The Secretary of the department in which the 
Coast Guard is operating may issue further regulations as necessary to 
update the definitions in this section, consistent with descriptions of 
sexual harassment and sexual assault addressed in title 10 and title 
18, United States Code, and any other relevant Federal laws, to 
implement subsection (a) of this section.''.
            (2) Clerical amendment.--The table of sections of chapter 
        77 of title 46, United States Code, is amended by inserting 
        after the item relating to section 7704 the following:

``7704a. Sexual harassment or sexual assault as grounds for suspension 
                            or revocation.''.
    (c) Supporting the United States Merchant Marine Academy.--
            (1) In general.--Chapter 513 of title 46, United States 
        Code, is amended by adding at the end the following:

``SEC. 51323. SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION 
              INFORMATION MANAGEMENT SYSTEM.

    ``(a) Information Management System.--
            ``(1) In general.--Not later than January 1, 2023, the 
        Maritime Administrator shall establish an information 
        management system to track and maintain, in such a manner that 
        patterns can be reasonably identified, information regarding 
        claims and incidents involving cadets that are reportable 
        pursuant to subsection (d) of section 51318 of this chapter.
            ``(2) Information maintained in the system.--Information 
        maintained in the system shall include the following 
        information, to the extent that information is available:
                    ``(A) The overall number of sexual assault or 
                sexual harassment incidents per fiscal year.
                    ``(B) The location of each such incident, including 
                vessel name and the name of the company operating the 
                vessel, if applicable.
                    ``(C) The names and ranks of the individuals 
                involved in each such incident.
                    ``(D) The general nature of each such incident, to 
                include copies of any associated reports completed on 
                the incidents.
                    ``(E) The type of inquiry made into each such 
                incident.
                    ``(F) A determination as to whether each such 
                incident is substantiated.
                    ``(G) Any informal and formal accountability 
                measures taken for misconduct related to the incident, 
                including decisions on whether to prosecute the case.
            ``(3) Past information included.--The information 
        management system under this section shall include the relevant 
        data listed in this subsection related to sexual assault and 
        sexual harassment that the Maritime Administrator possesses, 
        and shall not be limited to data collected after January 1, 
        2023.
            ``(4) Privacy protections.--The Maritime Administrator and 
        the Department of Transportation Chief Information Officer 
        shall coordinate to ensure that the information management 
        system under this section shall be established and maintained 
        in a secure fashion to ensure the protection of the privacy of 
        any individuals whose information is entered in such system.
            ``(5) Cybersecurity audit.--Ninety days after the 
        implementation of the information management system, the Office 
        of Inspector General of the Department of Transportation shall 
        commence an audit of the cybersecurity of the system and shall 
        submit a report containing the results of that audit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives.
    ``(b) Sea Year Program.--The Maritime Administrator shall provide 
for the establishment of in-person and virtual confidential exit 
interviews, to be conducted by personnel who are not involved in the 
assignment of the midshipmen to a Sea Year vessel, for midshipmen from 
the Academy upon completion of Sea Year and following completion by the 
midshipmen of the survey under section 51322(d).

``SEC. 51324. STUDENT ADVISORY BOARD AT THE UNITED STATES MERCHANT 
              MARINE ACADEMY.

    ``(a) In General.--The Administrator of the Maritime Administration 
shall establish at the United States Merchant Marine Academy an 
advisory board to be known as the Advisory Board to the Secretary of 
Transportation (referred to in this section as the `Advisory Board').
    ``(b) Membership.--The Advisory Board shall be composed of not 
fewer than 12 midshipmen of the Merchant Marine Academy who are 
enrolled at the Merchant Marine Academy at the time of the appointment, 
including not fewer than 3 cadets from each class.
    ``(c) Appointment; Term.--Midshipmen shall serve on the Advisory 
Board pursuant to appointment by the Administrator of the Maritime 
Administration. Appointments shall be made not later than 60 days after 
the date of the swearing in of a new class of midshipmen at the 
Academy. The term of membership of a midshipmen on the Advisory Board 
shall be 1 academic year.
    ``(d) Reappointment.--The Administrator of the Maritime 
Administration may reappoint not more than 6 cadets from the previous 
term to serve on the Advisory Board for an additional academic year if 
the Administrator determines such reappointment to be in the best 
interests of the Merchant Marine Academy.
    ``(e) Meetings.--The Advisory Board shall meet with the Secretary 
of Transportation at least once each academic year to discuss the 
activities of the Advisory Board. The Advisory Board shall meet in 
person with the Administrator of the Maritime Administration not less 
than 2 times each academic year to discuss the activities of the 
Advisory Board.
    ``(f) Duties.--The Advisory Board shall--
            ``(1) identify health and well-being, diversity, and sexual 
        assault and harassment challenges and other topics considered 
        important by the Advisory Board facing midshipmen both at the 
        Merchant Marine Academy, off campus, and while aboard ships 
        during Sea Year or other training opportunities;
            ``(2) discuss and propose possible solutions, including 
        improvements to culture and leadership development at the 
        Merchant Marine Academy; and
            ``(3) periodically, review the efficacy of the program in 
        section 51323(b), as appropriate, and provide recommendations 
        to the Maritime Administrator for improvement.
    ``(g) Working Groups.--The Advisory Board may establish one or more 
working groups to assist the Advisory Board in carrying out its duties, 
including working groups composed in part of midshipmen at the Merchant 
Marine Academy who are not current members of the Advisory Board.
    ``(h) Reports and Briefings.--The Advisory Board shall regularly 
provide the Secretary of Transportation and the Administrator of the 
Maritime Administration reports and briefings on the results of its 
duties, including recommendations for actions to be taken in light of 
such results. Such reports and briefings may be provided in writing, in 
person, or both.

``SEC. 51325. SEXUAL ASSAULT ADVISORY COUNCIL.

    ``(a) Establishment.--The Secretary of Transportation shall 
establish a Sexual Assault Advisory Council (in this section referred 
to as the `Council').
    ``(b) Membership.--
            ``(1) In general.--The Council shall be composed of not 
        fewer than 8 and not more than 14 individuals selected by the 
        Secretary of Transportation who are alumni that have graduated 
        within the last 4 years or current midshipmen of the United 
        States Merchant Marine Academy (including midshipmen or alumni 
        who were victims of sexual assault and midshipmen or alumni who 
        were not victims of sexual assault) and governmental and 
        nongovernmental experts and professionals in the sexual assault 
        field.
            ``(2) Experts included.--The Council shall include--
                    ``(A) not less than 1 member who is licensed in the 
                field of mental health and has prior experience working 
                as a counselor or therapist providing mental health 
                care to survivors of sexual assault in a victim 
                services agency or organization; and
                    ``(B) not less than 1 member who has prior 
                experience developing or implementing sexual assault or 
                sexual assault prevention and response policies in an 
                academic setting.
            ``(3) Rules regarding membership.--No employee of the 
        Department of Transportation shall be a member of the Council. 
        The number of governmental experts appointed to the Council 
        shall not exceed the number of nongovernmental experts.
    ``(c) Duties; Authorized Activities.--
            ``(1) In general.--The Council shall meet not less often 
        than semi-annually to--
                    ``(A) review--
                            ``(i) the policies on sexual harassment, 
                        dating violence, domestic violence, sexual 
                        assault, and stalking under section 51318 of 
                        this title; and
                            ``(ii) related matters the Council views as 
                        appropriate; and
                    ``(B) develop recommendations designed to ensure 
                that such policies and such matters conform, to the 
                extent practicable, to best practices in the field of 
                sexual assault and sexual harassment response and 
                prevention.
            ``(2) Authorized activities.--To carry out this subsection, 
        the Council may--
                    ``(A) conduct case reviews, as appropriate and only 
                with the consent of the victim of sexual assault or 
                harassment;
                    ``(B) interview current and former midshipmen of 
                the United States Merchant Marine Academy (to the 
                extent that such midshipmen provide the Department of 
                Transportation express consent to be interviewed by the 
                Council); and
                    ``(C) review--
                            ``(i) exit interviews under section 
                        51323(b) and surveys under section 51322(d);
                            ``(ii) data collected from restricted 
                        reporting; and
                            ``(iii) any other information necessary to 
                        conduct such case reviews.
            ``(3) Personally identifiable information.--In carrying out 
        this subsection, the Council shall comply with the obligations 
        of the Department of Transportation to protect personally 
        identifiable information.
    ``(d) Reports.--On an annual basis for each of the 5 years after 
the date of enactment of this section, and at the discretion of the 
Council thereafter, the Council shall submit, to the President and the 
Committee on Commerce, Science, and Transportation and the Committee on 
Appropriations of the Senate and the Committee on Transportation and 
Infrastructure and the Committee on Appropriations of the House of 
Representatives, a report on the Council's findings based on the 
reviews conducted pursuant to subsection (c) and related 
recommendations.
    ``(e) Employee Status.--Members of the Council shall not be 
considered employees of the United States Government for any purpose 
and shall not receive compensation other than reimbursement of travel 
expenses and per diem allowance in accordance with section 5703 of 
title 5.
    ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Council.

``SEC. 51326. DIVERSITY AND INCLUSION ACTION PLAN.

    ``(a) In General.--Not later than January 1, 2023, the Maritime 
Administrator shall issue a Diversity and Inclusion Action Plan for the 
United States Merchant Marine Academy (referred to in this section as 
the `Plan') and make the Plan publicly available.
    ``(b) Contents of Diversity and Inclusion Action Plan; Surveys.--
            ``(1) In general.--The Plan shall--
                    ``(A) contain a description of how the United 
                States Merchant Marine Academy will increase recruiting 
                efforts in historically underrepresented communities, 
                including through partnerships with historically Black 
                colleges and universities and maritime centers of 
                excellence designated under section 51706;
                    ``(B) develop and make available resources to--
                            ``(i) establish responsibilities for 
                        midshipmen, faculty, and staff of the Academy 
                        with respect to diversity and inclusion;
                            ``(ii) create standards of--
                                    ``(I) training that require 
                                interpersonal dialogue on diversity and 
                                inclusion;
                                    ``(II) setting behavioral 
                                boundaries with others; and
                                    ``(III) specific processes for the 
                                reporting and documentation of 
                                misconduct related to hazing, bullying, 
                                hate, and harassment;
                            ``(iii) hold leaders and other individuals 
                        at the Academy accountable for violations of 
                        such standards;
                            ``(iv) equip midshipmen, faculty, and staff 
                        of the Academy with the resources and materials 
                        to promote a diverse and inclusive working 
                        environment; and
                            ``(v) address how concepts of diversity and 
                        inclusion can be integrated into the curriculum 
                        and training of the Academy.
            ``(2) Surveys.--The Maritime Administrator shall--
                    ``(A) require a biannual survey of midshipmen, 
                faculty, and staff of the Academy assessing--
                            ``(i) the inclusiveness of the environment 
                        of the Academy; and
                            ``(ii) the effectiveness of the Plan; and
                    ``(B) require an annual survey of faculty and staff 
                of the Academy assessing the inclusiveness of the 
                environment of the Sea Year program.''.
            (2) Report to congress.--Not later than 30 days after the 
        date of enactment of this section, the Maritime Administrator 
        shall provide Congress with a briefing on the resources 
        necessary to properly implement this section.
            (3) Conforming amendments.--The chapter analysis for 
        chapter 513 of title 46, United States Code, is amended by 
        adding at the end the following:

``51323. Sexual assault and sexual harassment prevention information 
                            management system.
``51324. Student advisory board at the United States Merchant Marine 
                            Academy.
``51325. Sexual assault advisory council.
``51326. Diversity and inclusion action plan.''.
            (4) United states merchant marine academy student support 
        plan.--
                    (A) Student support plan.--Not later than January 
                1, 2023, the Maritime Administrator shall issue a 
                Student Support Plan for the United States Merchant 
                Marine Academy, in consultation with relevant mental 
                health professionals in the Federal Government or 
                experienced with the maritime industry or related 
                industries. Such plan shall--
                            (i) address the mental health resources 
                        available to midshipmen, both on-campus and 
                        during Sea Year;
                            (ii) establish a tracking system for 
                        suicidal ideations and suicide attempts of 
                        midshipmen;
                            (iii) create an option for midshipmen to 
                        obtain assistance from a professional care 
                        provider virtually; and
                            (iv) require an annual survey of faculty 
                        and staff assessing the adequacy of mental 
                        health resources for midshipmen of the Academy, 
                        both on campus and during Sea Year.
                    (B) Report to congress.--Not later than 30 days 
                after the date of enactment of this Act, the Maritime 
                Administrator shall provide Congress with a report on 
                the resources necessary to properly implement this 
                paragraph.
    (d) Special Victims Advisor.--Section 51319 of title 46, United 
States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Special Victims Advisor.--
            ``(1) In general.--The Secretary shall designate an 
        attorney (to be known as the `Special Victims Advisor') for the 
        purpose of providing legal assistance to any cadet of the 
        Academy who is the victim of an alleged sex-related offense 
        regarding administrative and criminal proceedings related to 
        such offense, regardless of whether the report of that offense 
        is restricted or unrestricted.
            ``(2) Special victims advisory.--The Secretary shall ensure 
        that the attorney designated as the Special Victims Advisor has 
        knowledge of Uniform Code of Military Justice procedures, as 
        well as criminal and civil law.
            ``(3) Privileged communications.--Any communications 
        between a victim of an alleged sex-related offense and the 
        Special Victim Advisor, when acting in their capacity as such, 
        shall have the same protection that applicable law provides for 
        confidential attorney-client communications.''; and
            (3) by adding at the end the following:
    ``(e) Unfilled Vacancies.--The Administrator of the Maritime 
Administration may appoint qualified candidates to positions under 
subsection (a) and (c) of this section without regard to sections 3309 
through 3319 of title 5, United States Code.''.
    (e) Catch a Serial Offender Assessment.--
            (1) Assessment.--Not later than one year after the date of 
        enactment of this Act, the Commandant of the Coast Guard, in 
        coordination with the Maritime Administrator, shall conduct an 
        assessment of the feasibility and process necessary, and 
        appropriate responsible entities to establish a program for the 
        United States Merchant Marine Academy and United States 
        Merchant Marine modeled on the Catch a Serial Offender program 
        of the Department of Defense using the information management 
        system required under subsection (a) of section 51323 of title 
        46, United States Code, and the exit interviews under 
        subsection (b) of such section.
            (2) Legislative change proposals.--If, as a result of the 
        assessment required by paragraph (1), the Commandant or the 
        Administrator determines they need additional authority to 
        implement the program described in paragraph (1), the 
        Commandant or the Administrator, as applicable, shall provide 
        appropriate legislative change proposals to Congress.
    (f) Shipboard Training.--Section 51322(a) of title 46, United 
States Code, is amended by adding at the end the following:
            ``(3) Training.--
                    ``(A) In general.--As part of training that shall 
                be provided not less than semi-annually to all 
                midshipmen of the Academy, pursuant to section 51318, 
                the Maritime Administrator shall develop and implement 
                comprehensive in-person sexual assault risk-reduction 
                and response training that, to the extent practicable, 
                conforms to best practices in the sexual assault 
                prevention and response field and includes appropriate 
                scenario-based training.
                    ``(B) Development and consultation with experts.--
                In developing the sexual assault risk-reduction and 
                response training under subparagraph (A), the Maritime 
                Administrator shall consult with and incorporate, as 
                appropriate, the recommendations and views of experts 
                in the sexual assault field.''.
                                 <all>