[Congressional Record Volume 167, Number 207 (Wednesday, December 1, 2021)]
[Senate]
[Pages S8868-S8872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4863. Mr. LANKFORD 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:

        At the end of subtitle G title V, add the following:

     SEC. 596. PROHIBITION ON DISCHARGING OR WITHHOLDING PAY OR 
                   BENEFITS FROM NATIONAL GUARD MEMBERS BASED ON 
                   COVID-19 VACCINATION STATUS.

       (a) In General.--The Secretary of Defense shall not, based 
     on whether or not a member of the National Guard has received 
     a COVID-19 vaccine, take any of the following actions:
       (1) Involuntarily discharge or discipline the member under 
     chapter 47 of title 10, United States Code (the Uniform Code 
     of Military Justice).
       (2) Withhold pay or benefits from the member.
       (3) Prohibit the member from participating in training or 
     using equipment funded by amounts appropriated by an Act of 
     Congress.
       (b) Pay and Benefits Included.--The pay and benefits 
     referred to in subsection (a)(2) include the following:
       (1) Basic pay and special pay under title 37, United States 
     Code, or title 10, United States Code.
       (2) Medical and dental care under chapter 55 of title 10, 
     United States Code.
       (3) Transitional health benefits under section 1145 of such 
     title.
       (4) Commissary and exchange benefits under section 1146 of 
     such title.
                                 ______
                                 
  SA 4864. 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''.
       (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--

[[Page S8869]]

       ``(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. 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. 3514. 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. 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.
       (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. 3519. 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. 3520. 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

[[Page S8870]]

     harassment and sexual assault addressed in title 10 and title 
     18, United States Code, and any other relevant Federal laws, 
     to implement subsection (a) of this section.''.
       (2) Clerical amendment.--The table of sections of chapter 
     77 of title 46, United States Code, is amended by inserting 
     after the item relating to section 7704 the following:

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

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

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

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

       ``(a) In General.--The Administrator of the Maritime 
     Administration shall establish at the United States Merchant 
     Marine Academy an advisory board to be known as the Advisory 
     Board to the Secretary of Transportation (referred to in this 
     section as the `Advisory Board').
       ``(b) Membership.--The Advisory Board shall be composed of 
     not fewer than 12 midshipmen of the Merchant Marine Academy 
     who are enrolled at the Merchant Marine Academy at the time 
     of the appointment, including not fewer than 3 cadets from 
     each class.
       ``(c) Appointment; Term.--Midshipmen shall serve on the 
     Advisory Board pursuant to appointment by the Administrator 
     of the Maritime Administration. Appointments shall be made 
     not later than 60 days after the date of the swearing in of a 
     new class of midshipmen at the Academy. The term of 
     membership of a midshipmen on the Advisory Board shall be 1 
     academic year.
       ``(d) Reappointment.--The Administrator of the Maritime 
     Administration may reappoint not more than 6 cadets from the 
     previous term to serve on the Advisory Board for an 
     additional academic year if the Administrator determines such 
     reappointment to be in the best interests of the Merchant 
     Marine Academy.
       ``(e) Meetings.--The Advisory Board shall meet with the 
     Secretary of Transportation at least once each academic year 
     to discuss the activities of the Advisory Board. The Advisory 
     Board shall meet in person with the Administrator of the 
     Maritime Administration not less than 2 times each academic 
     year to discuss the activities of the Advisory Board.
       ``(f) Duties.--The Advisory Board shall--
       ``(1) identify health and 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.

[[Page S8871]]

  


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

       ``(a) In General.--Not later than January 1, 2023, the 
     Maritime Administrator shall issue a Diversity and Inclusion 
     Action Plan for the United States Merchant Marine Academy 
     (referred to in this section as the `Plan') and make the Plan 
     publicly available.
       ``(b) Contents of Diversity and Inclusion Action Plan; 
     Surveys.--
       ``(1) In general.--The Plan shall--
       ``(A) contain a description of how the United States 
     Merchant Marine Academy will increase recruiting efforts in 
     historically underrepresented communities, including through 
     partnerships with historically Black colleges and 
     universities and maritime centers of excellence designated 
     under section 51706;
       ``(B) develop and make available resources to--
       ``(i) establish responsibilities for midshipmen, faculty, 
     and staff of the Academy with respect to diversity and 
     inclusion;
       ``(ii) create standards of--

       ``(I) training that require interpersonal dialogue on 
     diversity and inclusion;
       ``(II) setting behavioral boundaries with others; and
       ``(III) specific processes for the reporting and 
     documentation of misconduct related to hazing, bullying, 
     hate, and harassment;

       ``(iii) hold leaders and other individuals at the Academy 
     accountable for violations of such standards;
       ``(iv) equip midshipmen, faculty, and staff of the Academy 
     with the resources and materials to promote a diverse and 
     inclusive working environment; and
       ``(v) address how concepts of diversity and inclusion can 
     be integrated into the curriculum and training of the 
     Academy.
       ``(2) Surveys.--The Maritime Administrator shall--
       ``(A) require a biannual survey of midshipmen, faculty, and 
     staff of the Academy assessing--
       ``(i) the inclusiveness of the environment of the Academy; 
     and
       ``(ii) the effectiveness of the Plan; and
       ``(B) require an annual survey of faculty and staff of the 
     Academy assessing the inclusiveness of the environment of the 
     Sea Year program.''.
       (2) Report to congress.--Not later than 30 days after the 
     date of enactment of this section, the Maritime Administrator 
     shall provide Congress with a briefing on the resources 
     necessary to properly implement this section.
       (3) Conforming amendments.--The chapter analysis for 
     chapter 513 of title 46, United States Code, is amended by 
     adding at the end the following:

``51323. Sexual assault and sexual harassment prevention information 
              management system.
``51324. Student advisory board at the United States Merchant Marine 
              Academy.
``51325. Sexual assault advisory council.
``51326. Diversity and inclusion action plan.''.
       (4) United states merchant marine academy student support 
     plan.--
       (A) Student support plan.--Not later than January 1, 2023, 
     the Maritime Administrator shall issue a Student Support Plan 
     for the United States Merchant Marine Academy, in 
     consultation with relevant mental health professionals in the 
     Federal Government or experienced with the maritime industry 
     or related industries. Such plan shall--
       (i) address the mental health resources available to 
     midshipmen, both on-campus and during Sea Year;
       (ii) establish a tracking system for suicidal ideations and 
     suicide attempts of midshipmen;
       (iii) create an option for midshipmen to obtain assistance 
     from a professional care provider virtually; and
       (iv) require an annual survey of faculty and staff 
     assessing the adequacy of mental health resources for 
     midshipmen of the Academy, both on campus and during Sea 
     Year.
       (B) Report to congress.--Not later than 30 days after the 
     date of enactment of this Act, the Maritime Administrator 
     shall provide Congress with a report on the resources 
     necessary to properly implement this paragraph.
       (d) Special Victims Advisor.--Section 51319 of title 46, 
     United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Special Victims Advisor.--
       ``(1) In general.--The Secretary shall designate an 
     attorney (to be known as the `Special Victims Advisor') for 
     the purpose of providing legal assistance to any cadet of the 
     Academy who is the victim of an alleged sex-related offense 
     regarding administrative and criminal proceedings related to 
     such offense, regardless of whether the report of that 
     offense is restricted or unrestricted.
       ``(2) Special victims advisory.--The Secretary shall ensure 
     that the attorney designated as the Special Victims Advisor 
     has knowledge of Uniform Code of Military Justice procedures, 
     as well as criminal and civil law.
       ``(3) Privileged communications.--Any communications 
     between a victim of an alleged sex-related offense and the 
     Special Victim Advisor, when acting in their capacity as 
     such, shall have the same protection that applicable law 
     provides for confidential attorney-client communications.''; 
     and
       (3) by adding at the end the following:
       ``(e) Unfilled Vacancies.--The Administrator of the 
     Maritime Administration may appoint qualified candidates to 
     positions under subsection (a) and (c) of this section 
     without regard to sections 3309 through 3319 of title 5, 
     United States Code.''.
       (e) Catch a Serial Offender Assessment.--
       (1) Assessment.--Not later than one year after the date of 
     enactment of this Act, the Commandant of the Coast Guard, in 
     coordination with the Maritime Administrator, shall conduct 
     an assessment of the feasibility and process necessary, and 
     appropriate responsible entities to establish a program for 
     the United States Merchant Marine Academy and United States 
     Merchant Marine modeled on the Catch a Serial Offender 
     program of the Department of Defense using the information 
     management system required under subsection (a) of section 
     51323 of title 46, United States Code, and the exit 
     interviews under subsection (b) of such section.
       (2) Legislative change proposals.--If, as a result of the 
     assessment required by paragraph (1), the Commandant or the 
     Administrator determines they need additional authority to 
     implement the program described in paragraph (1), the 
     Commandant or the Administrator, as applicable, shall provide 
     appropriate legislative change proposals to Congress.
       (f) Shipboard Training.--Section 51322(a) of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(3) Training.--
       ``(A) In general.--As part of training that shall be 
     provided not less than semi-annually to all midshipmen of the 
     Academy, pursuant to section 51318, the Maritime 
     Administrator shall develop and implement comprehensive in-
     person sexual assault risk-reduction and response training 
     that, to the extent practicable, conforms to best practices 
     in the sexual assault prevention and response field and 
     includes appropriate scenario-based training.
       ``(B) Development and consultation with experts.--In 
     developing the sexual assault risk-reduction and response 
     training under subparagraph (A), the Maritime Administrator 
     shall consult with and incorporate, as appropriate, the 
     recommendations and views of experts in the sexual assault 
     field.''.
                                 ______
                                 
  SA 4865. Ms. MURKOWSKI 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:

        At the appropriate place, insert the following:

     SEC. ____. CONVEYANCES OF TRIBAL PROPERTY.

       (a) Conveyance of Property to the Tanana Tribal Council.--
       (1) Conveyance of property.--
       (A) In general.--As soon as practicable, but not later than 
     180 days, after the date of enactment of this Act, the 
     Secretary of Health and Human Services (referred to in this 
     section as the ``Secretary'') shall convey to the Tanana 
     Tribal Council located in Tanana, Alaska (referred to in this 
     subsection as the ``Council''), all right, title, and 
     interest of the United States in and to the property 
     described in paragraph (2) for use in connection with health 
     and social services programs.
       (B) Conditions.--The conveyance of the property under 
     subparagraph (A)--
       (i) shall be made by warranty deed; and
       (ii) shall not--

       (I) require any consideration from the Council for the 
     property;
       (II) impose any obligation, term, or condition on the 
     Council; or
       (III) allow for any reversionary interest of the United 
     States in the property.

       (C) Effect on any quitclaim deed.--The conveyance by the 
     Secretary of title by warranty deed under subparagraph (A) 
     shall, on the effective date of the conveyance, supersede and 
     render of no future effect any quitclaim deed to the property 
     described in paragraph (2) executed by the Secretary and the 
     Council.
       (2) Property described.--The property, including all land, 
     improvements, and appurtenances, described in this paragraph 
     is the property included in U.S. Survey No. 5958 in the 
     village of Tanana, Alaska, within surveyed lot 12, T. 4 N., 
     R. 22 W., Fairbanks Meridian, Alaska, containing 11.25 acres.
       (3) Environmental liability.--
       (A) Liability.--
       (i) In general.--Notwithstanding any other provision of 
     law, the Council shall not be liable for any soil, surface 
     water, groundwater, or other contamination resulting from the 
     disposal, release, or presence of any environmental 
     contamination on any portion of the property described in 
     paragraph (2) on or before the date on which the property is 
     conveyed to the Council.
       (ii) Environmental contamination.--An environmental 
     contamination described in

[[Page S8872]]

     clause (i) includes any oil or petroleum products, hazardous 
     substances, hazardous materials, hazardous waste, pollutants, 
     toxic substances, solid waste, or any other environmental 
     contamination or hazard as defined in any Federal or State of 
     Alaska law.
       (B) Easement.--The Secretary shall be accorded any easement 
     or access to the property conveyed under this subsection as 
     may be reasonably necessary to satisfy any retained 
     obligation or liability of the Secretary.
       (C) Notice of hazardous substance activity and warranty.--
     In carrying out this subsection, the Secretary shall comply 
     with subparagraphs (A) and (B) of section 120(h)(3) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)(3)).
       (b) Southeast Alaska Regional Health Consortium Land 
     Transfer.--
       (1) Conveyance of property.--
       (A) In general.--As soon as practicable, but not later than 
     2 years, after the date of enactment of this Act, the 
     Secretary shall convey to the Southeast Alaska Regional 
     Health Consortium located in Sitka, Alaska (referred to in 
     this subsection as the ``Consortium''), all right, title, and 
     interest of the United States in and to the property 
     described in paragraph (2) for use in connection with health 
     and social services programs.
       (B) Conditions.--The conveyance of the property under 
     subparagraph (A)--
       (i) shall be made by warranty deed; and
       (ii) shall not--

       (I) require any consideration from the Consortium for the 
     property;
       (II) impose any obligation, term, or condition on the 
     Consortium; or
       (III) allow for any reversionary interest of the United 
     States in the property.

       (C) Effect on any quitclaim deed.--The conveyance by the 
     Secretary of title by warranty deed under subparagraph (A) 
     shall, on the effective date of the conveyance, supersede and 
     render of no future effect any quitclaim deed to the property 
     described in paragraph (2) executed by the Secretary and the 
     Consortium.
       (2) Property described.--The property, including all land 
     and appurtenances, described in this paragraph is the 
     property included in U.S. Survey 1496, lots 4 and 7, 
     partially surveyed T. 55 S., R. 63 E., Copper River Meridian, 
     containing approximately 10.87 acres in Sitka, Alaska.
       (3) Environmental liability.--
       (A) Liability.--
       (i) In general.--Notwithstanding any other provision of 
     law, the Consortium shall not be liable for any soil, surface 
     water, groundwater, or other contamination resulting from the 
     disposal, release, or presence of any environmental 
     contamination on any portion of the property described in 
     paragraph (2) on or before the date on which the property is 
     conveyed to the Consortium, except that the Secretary shall 
     not be liable for any contamination that occurred after the 
     date that the Consortium controlled, occupied, and used the 
     property.
       (ii) Environmental contamination.--An environmental 
     contamination described in clause (i) includes any oil or 
     petroleum products, hazardous substances, hazardous 
     materials, hazardous waste, pollutants, toxic substances, 
     solid waste, or any other environmental contamination or 
     hazard as defined in any Federal or State of Alaska law.
       (B) Easement.--The Secretary shall be accorded any easement 
     or access to the property conveyed under this subsection as 
     may be reasonably necessary to satisfy any retained 
     obligation or liability of the Secretary.
       (C) Notice of hazardous substance activity and warranty.--
     In carrying out this subsection, the Secretary shall comply 
     with subparagraphs (A) and (B) of section 120(h)(3) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)(3)).

                          ____________________