[Congressional Record Volume 167, Number 205 (Monday, November 29, 2021)]
[Senate]
[Pages S8785-S8790]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4847. Ms. CANTWELL (for herself and Mr. Wicker) submitted an 
amendment intended to be proposed to amendment SA 3867 proposed by Mr. 
Reed to the bill H.R. 4350, to authorize appropriations for fiscal year 
2022 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:

        Strike title XXXV and insert the following:

                      TITLE XXXV--MARITIME MATTERS

                  Subtitle A--Maritime Administration

     SEC. 3501. 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.

                       Subtitle B--Other Matters

     SEC. 3511. EXPANDING THE MARITIME ENVIRONMENTAL AND TECHNICAL 
                   ASSISTANCE PROGRAM.

       (a) Maritime Environmental and Technical Assistance 
     Program.--From the amount appropriated under section 
     3501(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. 3512. SUSTAINABLE PORT INFRASTRUCTURE.

       (a) Short Title.--This section may be cited as the 
     ``Sustainable Port Infrastructure Act''.

[[Page S8786]]

       (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. 3513. 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. 3514. 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. 3515. 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. 3516. 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

[[Page S8787]]

     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 the 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. 3517. 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 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.

[[Page S8788]]

       (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. 3518. 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. 3519. 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. 3520. 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. 3521. 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.

[[Page S8789]]

       ``(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 wellbeing, 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--

[[Page S8790]]

       ``(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.''.
                                 ______