[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.''.
______