[Congressional Record Volume 168, Number 162 (Tuesday, October 11, 2022)]
[Senate]
[Pages S6516-S6526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6444. Mr. REED (for Ms. Cantwell (for herself and Mr. Wicker)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense and 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--Short Title; Authorization of Appropriations for the 
                        Maritime Administration

     SEC. 3501. SHORT TITLE.

       This title may be cited as the ``Maritime Administration 
     Authorization Act for Fiscal Year 2023''.

     SEC. 3502. AUTHORIZATION OF APPROPRIATIONS FOR THE MARITIME 
                   ADMINISTRATION.

       (a) Maritime Administration.--There are authorized to be 
     appropriated to the Department of Transportation for fiscal 
     year 2023, 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, $112,848,000, of which--
       (A) $87,848,000 shall be for Academy operations;
       (B) $22,000,000 shall be for facilities maintenance and 
     repair and equipment; and
       (C) $3,000,000 shall be for training, staffing, retention, 
     recruiting, and contract management for United States 
     Merchant Marine Academy capital improvement projects.
       (2) For expenses necessary to support the State maritime 
     academies, $80,700,000, of which--
       (A) $2,400,000 shall be for the Student Incentive Program;
       (B) $6,000,000 shall be for direct payments for State 
     maritime academies;
       (C) $6,800,000 shall be for training ship fuel assistance;
       (D) $8,080,000 shall be for offsetting the costs of 
     training ship sharing; and
       (E) $30,500,000 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, including funds for 
     construction and necessary expenses to construct shoreside 
     infrastructure to support such vessels, $75,000,000.
       (4) For expenses necessary to support Maritime 
     Administration operations and programs, $101,250,000, of 
     which--
       (A) $15,000,000 shall be for the Maritime Environmental and 
     Technical Assistance program authorized under section 50307 
     of title 46, United States Code;
       (B) $14,819,000 shall be for the Marine Highways Program, 
     including to make grants as authorized under section 55601 of 
     title 46, United States Code; and
       (C) $67,433,000 shall be for headquarters operations 
     expenses.
       (5) For expenses necessary for the disposal of obsolete 
     vessels in the National Defense Reserve Fleet of the Maritime 
     Administration, $6,000,000.
       (6) For expenses necessary to maintain and preserve a fleet 
     of merchant vessels documented under chapter 121 of title 46, 
     United States Code, to serve the national security needs of 
     the United States, as authorized under chapter 531 of title 
     46, United States Code, $318,000,000.
       (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 may 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 may be used for administrative expenses 
     relating to loan guarantee commitments under the program.
       (8) 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.
       (9) For expenses necessary to implement the Port 
     Infrastructure Development Program, as authorized under 
     section 54301 of title 46, United States Code, $750,000,000, 
     to remain available until expended, except that no such funds 
     authorized under this title for this program 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 of Transportation determines such 
     equipment would result in a net loss of jobs within a port or 
     port terminal. If such a determination is made, the data and 
     analysis for such determination shall be reported to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives not later than 3 days after 
     the date of the determination.

[[Page S6517]]

       (b) Availability of Amounts.--Amounts appropriated--
       (1) pursuant to the authority provided in paragraphs 
     (1)(A), (2)(A), and (4)(A) of subsection (a) shall remain 
     available through September 30, 2023; and
       (2) pursuant to the authority provided in paragraphs 
     (1)(B), (1)(C), (2)(B), (2)(C), (2)(D), (2)(E), (3), (4)(B), 
     (4)(C), (5), (6), (7)(A), (7)(B), (8), and (9) of subsection 
     (a) shall remain available without fiscal year limitation.
       (c) Tanker Security Fleet.--
       (1) Funding.--Section 53411 of title 46, United States 
     Code, is amended by striking ``$60,000,000'' and inserting 
     ``$120,000,000''.
       (2) Increase in number of vessels.--Section 53403(c) of 
     title 46, United States Code, is amended by striking ``10'' 
     and inserting ``20''.

                     Subtitle B--General Provisions

     SEC. 3511. STUDY TO INFORM A NATIONAL MARITIME STRATEGY.

       (a) In General.--The Secretary of Transportation and the 
     Secretary of the department in which the Coast Guard is 
     operating shall enter into an agreement with a studies and 
     analysis federally funded research and development center 
     under which such federally funded research and development 
     center shall conduct a study of the key elements and 
     objectives needed for a national maritime strategy. The 
     strategy shall address national objectives, as described in 
     section 50101 of title 46, United States Code, to ensure--
       (1) a capable, commercially viable, militarily useful fleet 
     of a sufficient number of merchant vessels documented under 
     chapter 121 of title 46, United States Code;
       (2) a robust United States mariner workforce, as described 
     in section 50101 of title 46, United States Code;
       (3) strong United States domestic shipbuilding 
     infrastructure, and related shipbuilding trades amongst 
     skilled workers in the United States; and
       (4) that the Navy Fleet Auxiliary Force, the National 
     Defense Reserve Fleet, the Military Sealift Command, the 
     Maritime Security Program under chapter 531 of title 46, 
     United States Code, the Tanker Security Program under chapter 
     534 of title 46, United States Code, and the Cable Security 
     Program under chapter 532 of title 46, United States Code, 
     currently meet the economic and national security needs of 
     the United States and would reliably continue to meet those 
     needs under future economic or national security emergencies.
       (b) Input.--In carrying out the study, the federally funded 
     research and development center shall solicit input from--
       (1) relevant Federal departments and agencies;
       (2) nongovernmental organizations;
       (3) United States companies;
       (4) maritime labor organizations;
       (5) commercial industries that depend on United States 
     mariners;
       (6) domestic shipyards regarding shipbuilding and repair 
     capacity, and the associated skilled workforce, such as the 
     workforce required for transportation, offshore wind, 
     fishing, and aquaculture;
       (7) providers of maritime workforce training; and
       (8) any other relevant organizations.
       (c) Elements of the Study.--The study conducted under 
     subsection (a) shall include consultation with the Department 
     of Transportation, the Department of Defense, the Department 
     of Homeland Security, the National Oceanic and Atmospheric 
     Administration, and other relevant Federal agencies, in the 
     identification and evaluation of--
       (1) incentives, including regulatory changes, needed to 
     continue to meet the shipbuilding and ship maintenance needs 
     of the United States for commercial and national security 
     purposes, including through a review of--
       (A) the loans and guarantees program carried out under 
     chapter 537 of title 46, United States Code, and how the 
     development of new offshore commercial industries, such as 
     wind, could be supported through modification of such program 
     or other Federal programs, and thus also support the United 
     States sealift in the future;
       (B) the barriers to participation in the loans and 
     guarantees program carried out under chapter 537 of title 46, 
     United States Code, and how the program may be improved to 
     facilitate additional shipbuilding activities in the United 
     States;
       (C) the needed resources, human and financial, for such 
     incentives; and
       (D) the current and anticipated number of shipbuilding and 
     ship maintenance contracts at United States shipyards through 
     2032, to the extent practicable;
       (2) incentives, including regulatory changes, needed to 
     maintain a commercially viable United States-documented 
     fleet, which shall include--
       (A) an examination of how the preferences under section 
     2631 of title 10, United States Code, and chapter 553 of 
     title 46, United States Code, the Maritime Security Program 
     under chapter 531 of title 46, United States Code, the Tanker 
     Security Program under chapter 534 of title 46, United States 
     Code, and the Cable Security Program under chapter 532 of 
     title 46, United States Code, should be used to further 
     maintain and grow a United States-documented fleet and the 
     identification of other incentives that could be used that 
     may not be authorized at the time of the study;
       (B) an estimate of the number and type of commercial ships 
     needed over the next 30 years; and
       (C) estimates of the needed human and financial resources 
     for such incentives;
       (3) the availability of United States mariners, and future 
     needs, including--
       (A) the number of mariners needed for the United States 
     commercial and national security needs over the next 30 
     years;
       (B) the policies and programs (at the time of the study) to 
     recruit, train, and retain United States mariners to support 
     the United States maritime workforce needs during peace time 
     and at war;
       (C) how those programs could be improved to grow the number 
     of maritime workers trained each year, including how 
     potential collaboration between the uniformed services, the 
     United States Merchant Marine Academy, State maritime 
     academies, maritime labor training centers, and the Centers 
     of Excellence for Domestic Maritime Workforce Training under 
     section 51706 of title 46, United States Code, could be used 
     most effectively; and
       (D) estimates of the necessary resources, human and 
     financial, to implement such programs in each relevant 
     Federal agency over the next 30 years; and
       (4) the interaction among the elements described under 
     paragraphs (1) through (3).
       (d) Public Availability.--The study conducted under 
     subsection (a) shall be made publicly available on a website 
     of the Department of Transportation.

     SEC. 3512. NATIONAL MARITIME STRATEGY.

       (a) In General.--Not later than 6 months after the date of 
     receipt of the study conducted under section 3511, and every 
     5 years thereafter, the Secretary of Transportation, in 
     consultation with the Secretary of the department in which 
     the Coast Guard is operating and the United States 
     Transportation Command, shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a national maritime strategy.
       (b) Contents.--The strategy required under subsection (a) 
     shall--
       (1) identify--
       (A) international policies and Federal regulations and 
     policies that reduce the competitiveness of United States-
     documented vessels with foreign vessels in domestic and 
     international transportation markets; and
       (B) the impact of reduced cargo flow due to reductions in 
     the number of members of the United States Armed Forces 
     stationed or deployed outside of the United States; and
       (2) include recommendations to--
       (A) make United States-documented vessels more competitive 
     in shipping routes between United States and foreign ports;
       (B) increase the use of United States-documented vessels to 
     carry cargo imported to and exported from the United States;
       (C) ensure compliance by Federal agencies with chapter 553 
     of title 46, United States Code;
       (D) increase the use of short sea transportation routes, 
     including routes designated under section 55601(b) of title 
     46, United States Code, to enhance intermodal freight 
     movements;
       (E) enhance United States shipbuilding capability;
       (F) invest in, and identify gaps in, infrastructure needed 
     to facilitate the movement of goods at ports and throughout 
     the transportation system, including innovative physical and 
     information technologies;
       (G) enhance workforce training and recruitment for the 
     maritime workforce, including training on innovative physical 
     and information technologies;
       (H) increase the resilience of ports and the marine 
     transportation system;
       (I) increase the carriage of government-impelled cargo on 
     United States-documented vessels pursuant to chapter 553 of 
     title 46, United States Code, section 2631 of title 10, 
     United States Code, or otherwise; and
       (J) maximize the cost effectiveness of Federal funding for 
     carriage of non-defense government impelled cargo for the 
     purposes of maintaining a United States flag fleet for 
     national and economic security.
       (c) Update.--Not later than 6 months after the date of 
     receipt of the study conducted under section 3511, the 
     Secretary of Transportation, in consultation with the 
     Secretary of the department in which the Coast Guard is 
     operating and the Commander of the United States 
     Transportation Command, shall--
       (1) update the national maritime strategy required by 
     section 603 of the Howard Coble Coast Guard and Maritime 
     Transportation Act of 2014 (Public Law 113-281);
       (2) submit a report to Congress containing the updated 
     national maritime strategy; and
       (3) make the updated national maritime strategy publicly 
     available on the website of the Department of Transportation.
       (d) Implementation Plan.--Not later than 6 months after 
     completion of the updated national maritime strategy under 
     subsection (c), and after the completion of each strategy 
     thereafter, the Secretary of Transportation, in consultation 
     with the Secretary of the department in which the Coast Guard 
     is operating and the Secretary of Defense, shall publish on a 
     publicly available website an implementation plan for the 
     most recent national maritime strategy.

     SEC. 3513. NEGATIVE DETERMINATION NOTICE.

       Section 501(b)(3) of title 46, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``and'' after the 
     semicolon;

[[Page S6518]]

       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) in the event a waiver referred to in paragraph (1) is 
     not issued, publish an explanation for not issuing such 
     waiver on the Internet Web site of the Department of 
     Transportation not later than 48 hours after notice of such 
     determination is provided to the Secretary of Transportation, 
     including applicable findings to support the 
     determination.''.

                  Subtitle C--Maritime Infrastructure

     SEC. 3521. MARINE HIGHWAYS.

       (a) Short Title.--This section may be cited as the ``Marine 
     Highway Promotion Act''.
       (b) Findings.--Congress finds the following:
       (1) Our Nation's waterways are an integral part of the 
     transportation network of the United States.
       (2) Using the Nation's coastal, inland, and other waterways 
     can support commercial transportation, can provide maritime 
     transportation options where no alternative surface 
     transportation exists, and alleviates surface transportation 
     congestion and burdensome road and bridge repair costs.
       (3) Marine highways are serviced by documented United 
     States flag vessels and manned by United States citizens, 
     providing added resources for national security and to aid in 
     times of crisis.
       (4) According to the United States Army Corps of Engineers, 
     inland navigation is a key element of economics development 
     and is essential in maintaining economic competitiveness and 
     national security.
       (c) United States Marine Highway Program.--
       (1) In general.--Section 55601 of title 46, United States 
     Code, is amended to read as follows:

     ``Sec. 55601. United States Marine Highway Program

       ``(a) Program.--
       ``(1) Establishment.--The Maritime Administrator shall 
     establish a Marine Highway Program to be known as the `United 
     States Marine Highway Program'. Under such program, the 
     Maritime Administrator shall--
       ``(A) designate marine highway routes as extensions of the 
     surface transportation system under subsection (b); and
       ``(B) subject to the availability of appropriations, make 
     grants or enter into contracts or cooperative agreements 
     under subsection (c).
       ``(2) Program activities.--In carrying out the Marine 
     Highway Program established under paragraph (1), the Maritime 
     Administrator may--
       ``(A) coordinate with ports, State departments of 
     transportation, localities, other public agencies, and the 
     private sector on the development of landside facilities and 
     infrastructure to support marine highway transportation;
       ``(B) develop performance measures for such Marine Highway 
     Program;
       ``(C) collect and disseminate data for the designation and 
     delineation of marine highway routes under subsection (b); 
     and
       ``(D) conduct research on solutions to impediments to 
     marine highway services eligible for assistance under 
     subsection (c)(1).
       ``(b) Designation of Marine Highway Routes.--
       ``(1) Authority.--The Maritime Administrator may designate 
     or modify a marine highway route as an extension of the 
     surface transportation system if --
       ``(A) such a designation or modification is requested by--
       ``(i) the government of a State or territory;
       ``(ii) a metropolitan planning organization;
       ``(iii) a port authority;
       ``(iv) a non-Federal navigation district; or
       ``(v) a Tribal government; and
       ``(B) the Maritime Administrator determines such marine 
     highway route satisfies at least one covered function under 
     subsection (d).
       ``(2) Determination.--Not later than 180 days after the 
     date on which the Maritime Administrator receives a request 
     for designation or modification of a marine highway route 
     under paragraph (1), the Maritime Administrator shall make a 
     determination of whether to make the requested designation or 
     modification.
       ``(3) Notification.--Not later than 14 days after the date 
     on which the Maritime Administrator makes the determination 
     whether to make the requested designation or modification, 
     the Maritime Administrator shall send the requester a 
     notification of the determination.
       ``(4) Map.--
       ``(A) In general.--Not later than 120 days after the date 
     of enactment of the Maritime Administration Authorization Act 
     for Fiscal Year 2023, and thereafter each time a marine 
     highway route is designated or modified, the Administrator 
     shall make publicly available a map showing the location of 
     marine highway routes, including such routes along the 
     coasts, in the inland waterways, and at sea.
       ``(B) Coordination.--The Administrator shall coordinate 
     with the National Oceanic and Atmospheric Administration to 
     incorporate the map into the Marine Cadastre.
       ``(c) Assistance for Marine Highway Services.--
       ``(1) In general.--The Maritime Administrator may make 
     grants to, or enter into contracts or cooperative agreements 
     with, an eligible entity to implement a marine highway 
     service or component of a marine highway service, if the 
     Administrator determines the service--
       ``(A) satisfies at least one covered function under 
     subsection (d);
       ``(B) uses vessels documented under chapter 121 of this 
     title; and
       ``(C)(i) implements strategies developed under section 
     55603; or
       ``(ii) develops, expands, or promotes--
       ``(I) marine highway transportation services; or
       ``(II) shipper utilization of marine highway 
     transportation.
       ``(2) Eligible entity.--In this subsection, the term 
     `eligible entity' means--
       ``(A) a State, a political subdivision of a State, or a 
     local government;
       ``(B) a United States metropolitan planning organization;
       ``(C) a United States port authority;
       ``(D) a Tribal government in the United States; or
       ``(E) a United States private sector operator of marine 
     highway services or private sector owners of facilities with 
     an endorsement letter from the marine highway route sponsor 
     described in subsection (b)(1)(A), including an Alaska Native 
     Corporation.
       ``(3) Application.--
       ``(A) In general.--To be eligible to receive a grant or 
     enter into a contract or cooperative agreement under this 
     subsection to implement a marine highway service, an eligible 
     entity shall submit an application in such form and manner, 
     at such time, and containing such information as the Maritime 
     Administrator may require, including--
       ``(i) a comprehensive description of--

       ``(I) the regions to be served by the marine highway 
     service;
       ``(II) the marine highway route that the service will use, 
     which may include connection to existing or planned 
     transportation infrastructure and intermodal facilities, key 
     navigational factors such as available draft, channel width, 
     bridge air draft, or lock clearance, and any foreseeable 
     impacts on navigation or commerce, and a map of the proposed 
     route;
       ``(III) the marine highway service supporters, which may 
     include business affiliations, private sector stakeholders, 
     State departments of transportation, metropolitan planning 
     organizations, municipalities, or other governmental entities 
     (including Tribal governments), as applicable;
       ``(IV) the estimated volume of passengers, if applicable, 
     or cargo using the service, and predicted changes in such 
     volume during the 5-year period following the date of the 
     application;
       ``(V) the need for the service;
       ``(VI) the definition of the success goal for the service, 
     such as volumes of cargo or passengers moved, or contribution 
     to environmental mitigation, safety, reduced vehicle miles 
     traveled, or reduced maintenance and repair costs;
       ``(VII) the methodology for implementing the service, 
     including a description of the proposed operational framework 
     of the service including the origin, destination, and any 
     intermediate stops on the route, transit times, vessel types, 
     and service frequency; and
       ``(VIII) any existing programs or arrangements that can be 
     used to supplement or leverage assistance under the program; 
     and

       ``(ii) a demonstration, to the satisfaction of the Maritime 
     Administrator, that--

       ``(I) the marine highway service is financially viable;
       ``(II) the funds or other assistance provided under this 
     subsection will be spent or used efficiently and effectively; 
     and
       ``(III) a market exists for the services of the proposed 
     marine highway service, as evidenced by contracts or written 
     statements of intent from potential customers.

       ``(B) Pre-proposal.--Prior to accepting a full application 
     under subparagraph (A), the Maritime Administrator may 
     require that an eligible entity first submit a pre-proposal 
     that contains a brief description of the items under 
     subparagraph (A).
       ``(C) Pre-proposal feedback.--Not later than 30 days after 
     receiving a pre-proposal, the Maritime Administrator shall 
     provide feedback to the eligible entity that submitted the 
     pre-proposal to encourage or discourage the eligible entity 
     from submitting a full application. An eligible entity may 
     still submit a full application even if that eligible entity 
     is not encouraged to do so after submitting a pre-proposal.
       ``(4) Timing of grant notice.--The Maritime Administrator 
     shall post a Notice of Funding Opportunity regarding grants, 
     contracts, or cooperative agreements under this subsection 
     not more than 60 days after the date of enactment of the 
     appropriations Act for the fiscal year concerned.
       ``(5) Grant application feedback.--Following the award of 
     grants for a particular fiscal year, the Maritime 
     Administrator may provide feedback to applicants to help 
     applicants improve future applications if the feedback is 
     requested by that applicant.
       ``(6) Timing of grants.--The Maritime Administrator shall 
     award grants, contracts, or cooperative agreements under this 
     subsection not later than 270 days after the date of the 
     enactment of the appropriations Act for the fiscal year 
     concerned.
       ``(7) Non-federal share.--
       ``(A) In general.--An applicant shall provide not less than 
     20 percent of the costs from non-Federal sources, except as 
     provided in subparagraph (B).
       ``(B) Tribal and rural areas.--The Maritime Administrator 
     may increase the Federal share of service costs above 80 
     percent

[[Page S6519]]

     for a service located in a Tribal or rural area.
       ``(C) Tribal government.--The Maritime Administrator may 
     increase the Federal share of service costs above 80 percent 
     for a service benefitting a Tribal Government.
       ``(8) Reuse of unexpended grant funds.--Notwithstanding 
     paragraph (6), amounts awarded under this subsection that are 
     not expended by the recipient within 3 years after obligation 
     of funds or that are returned under paragraph (10)(C) shall 
     remain available to the Maritime Administrator to make grants 
     and enter into contracts and cooperative agreements under 
     this subsection.
       ``(9) Administrative costs.--Not more than 3 percent of the 
     total amount made available to carry out this subsection for 
     any fiscal year may be used for the necessary administrative 
     costs associated with grants, contracts, and cooperative 
     agreements made under this subsection.
       ``(10) Procedural safeguards.--The Maritime Administrator, 
     in consultation with the Office of the Inspector General, 
     shall issue guidelines to establish appropriate accounting, 
     reporting, and review procedures to ensure that--
       ``(A) amounts made available to carry out this subsection 
     are used for the purposes for which they were made available;
       ``(B) recipients of funds under this subsection (including 
     through grants, contracts, or cooperative agreements) have 
     properly accounted for all expenditures of such funds; and
       ``(C) any such funds that are not obligated or expended for 
     the purposes for which they were made available are returned 
     to the Administrator.
       ``(11) Conditions on provision of funds.--The Maritime 
     Administrator may not award funds to an applicant under this 
     subsection unless the Maritime Administrator determines 
     that--
       ``(A) sufficient funding is available to meet the non-
     Federal share requirement of paragraph (7);
       ``(B) the marine highway service for which such funds are 
     provided will be completed without unreasonable delay; and
       ``(C) the recipient of such funds has authority to 
     implement the proposed marine highway service.
       ``(d) Covered Functions.--A covered function under this 
     subsection is one of the following:
       ``(1) Promotion of marine highway transportation.
       ``(2) Provision of a coordinated and capable alternative to 
     landside transportation.
       ``(3) Mitigation or relief of landside congestion.
       ``(e) Prohibited Uses.--Funds awarded under this section 
     may not be used to--
       ``(1) raise sunken vessels, construct buildings or other 
     physical facilities, or acquire land unless such activities 
     are necessary for the establishment or operation of a marine 
     highway service implemented using grant funds provided, or 
     pursuant to a contract or cooperative agreement entered into 
     under subsection (c); or
       ``(2) improve port or land-based infrastructure outside the 
     United States.
       ``(f) Geographic Distribution.--In making grants, 
     contracts, and cooperative agreements under this section the 
     Maritime Administrator shall take such measures so as to 
     ensure an equitable geographic distribution of funds.
       ``(g) Audits and Examinations.--All recipients (including 
     recipients of grants, contracts, and cooperative agreements) 
     under this section shall maintain such records as the 
     Maritime Administrator may require and make such records 
     available for review and audit by the Maritime 
     Administrator.''.
       (2) Rules.--
       (A) Final rule.--Not later than 1 year after the date of 
     enactment of this title, the Secretary of Transportation 
     shall prescribe such final rules as are necessary to carry 
     out the amendments made by this subsection.
       (B) Interim rules.--The Secretary of Transportation may 
     prescribe temporary interim rules necessary to carry out the 
     amendments made by this subsection. For this purpose, the 
     Maritime Administrator, in prescribing rules under this 
     subparagraph, is excepted from compliance with the notice and 
     comment requirements of section 553 of title 5, United States 
     Code, prior to the effective date of the interim rules. All 
     interim rules prescribed under the authority of this 
     subparagraph shall request comment and remain in effect until 
     such time as the interim rules are superseded by a final 
     rule, following notice and comment.
       (C) Savings clause.--The requirements under section 55601 
     of title 46, United States Code, as amended by this 
     subsection, shall take effect only after the interim rule 
     described in subparagraph (B) is promulgated by the 
     Secretary.
       (d) Multistate, State, and Regional Transportation 
     Planning.--Chapter 556 of title 46, United States Code, is 
     amended by inserting after section 55602 the following:

     ``SEC. 55603. MULTISTATE, STATE, AND REGIONAL TRANSPORTATION 
                   PLANNING.

       ``(a) In General.--The Maritime Administrator, in 
     consultation with the heads of other appropriate Federal 
     departments and agencies, State and local governments, and 
     appropriate private sector entities, may develop strategies 
     to encourage the use of marine highway transportation for the 
     transportation of passengers and cargo.
       ``(b) Strategies.--If the Maritime Administrator develops 
     the strategies described in subsection (a), the Maritime 
     Administrator may--
       ``(1) assess the extent to which States and local 
     governments include marine highway transportation and other 
     marine transportation solutions in transportation planning;
       ``(2) encourage State departments of transportation to 
     develop strategies, where appropriate, to incorporate marine 
     highway transportation, ferries, and other marine 
     transportation solutions for regional and interstate 
     transport of freight and passengers in transportation 
     planning; and
       ``(3) encourage groups of States and multistate 
     transportation entities to determine how marine highway 
     transportation can address congestion, bottlenecks, and other 
     interstate transportation challenges, including the lack of 
     alternative surface transportation options.''.
       (e) Research on Marine Highway Transportation.--Section 
     55604 of title 46, United States Code, is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     paragraphs (4) through (6), respectively; and
       (2) by inserting before paragraph (4), as redesignated by 
     paragraph (1), the following new paragraphs:
       ``(1) the economic importance of marine highway 
     transportation to the United States economy;
       ``(2) the importance of marine highway transportation to 
     rural areas, including the lack of alternative surface 
     transportation options;
       ``(3) United States regions and territories, and within-
     region areas, that do not yet have marine highway services 
     underway, but that could benefit from the establishment of 
     marine highway services;''.
       (f) Definitions.--Section 55605 of title 46, United States 
     Code, is amended to read as follows: ``

     ``Sec. 55605. Definitions

       ``In this chapter--
       ``(1) the term `marine highway transportation' means the 
     carriage by a documented vessel of cargo (including such 
     carriage of cargo and passengers), and such cargo--
       ``(A) is--
       ``(i) contained in intermodal cargo containers and loaded 
     by crane on the vessel;
       ``(ii) loaded on the vessel by means of wheeled technology, 
     including roll-on roll-off cargo;
       ``(iii) shipped in discrete units or packages that are 
     handled individually, palletized, or unitized for purposes of 
     transportation;
       ``(iv) bulk, liquid, or loose cargo loaded in tanks, holds, 
     hoppers, or on deck; or
       ``(v) freight vehicles carried aboard commuter ferry boats; 
     and
       ``(B) is--
       ``(i) loaded at a port in the United States and unloaded 
     either at another port in the United States or at a port in 
     Canada or Mexico; or
       ``(ii) loaded at a port in Canada or Mexico and unloaded at 
     a port in the United States;
       ``(2) the term `marine highway service' means a planned or 
     contemplated new service, or expansion of an existing 
     service, on a marine highway route, that seeks to provide new 
     modal choices to shippers, offer more desirable services, 
     reduce transportation costs, or provide public benefits;
       ``(3) the term `marine highway route' means a route on 
     commercially navigable coastal, inland, or intracoastal 
     waters of the United States, including connections between 
     the United States and a port in Canada or Mexico, that is 
     designated under section 55601(b);
       ``(4) the term ``Tribal Government'' means the recognized 
     governing body of any Indian or Alaska Native Tribe, band, 
     nation, pueblo, village, community, component band, or 
     component reservation, individually identified (including 
     parenthetically) in the list published most recently as of 
     the date of enactment of the Maritime Administration 
     Authorization Act for Fiscal Year 2023 pursuant to section 
     104 of the Federally Recognized Indian Tribe List Act of 1994 
     (25 U.S.C. 5131); and
       ``(5) the term `Alaska Native Corporation' has the meaning 
     given the term `Native Corporation' under section 3 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1602).''.
       (g) Technical Amendments.--
       (1) Clerical.--The analysis for chapter 556 of title 46, 
     United States Code, is amended--
       (A) by striking the item relating to section 55601 and 
     inserting the following:

``55601. United States Marine Highway Program.'';
       (B) by inserting after the item relating to section 55602 
     the following:

``55603. Multistate, State, and regional transportation planning.''; 
              and
       (C) by striking the item relating to section 55605 and 
     inserting the following:

``55605. Definitions.''.
       (2) Definitions.--Section 53501 of title 46, United States 
     Code, is amended in paragraph (5)(A)--
       (A) in clause (i), by inserting ``and'' after the 
     semicolon; and
       (B) by striking clause (iii).

     SEC. 3522. GAO REVIEW OF EFFORTS TO SUPPORT AND GROW THE 
                   UNITED STATES MERCHANT FLEET.

       Not later than 18 months after the date of enactment of 
     this section, the Comptroller General of the United States 
     shall transmit a report to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives that examines United States Government 
     efforts to promote the growth and

[[Page S6520]]

     modernization of the United States maritime industry, and the 
     vessels of the United States, as defined in section 116 of 
     title 46, United States Code, including the overall efficacy 
     of United States Government financial support and policies, 
     including the Capital Construction Fund, Construction Reserve 
     Fund, and other eligible loan, grant, or other programs.

     SEC. 3523. GAO REVIEW OF FEDERAL EFFORTS TO ENHANCE PORT 
                   INFRASTRUCTURE RESILIENCY AND DISASTER 
                   PREPAREDNESS.

       Not later than 18 months after the date of enactment of 
     this section, the Comptroller General of the United States 
     shall transmit a report to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives that examines Federal efforts to assist ports 
     in enhancing the resiliency of their key intermodal 
     connectors to weather-related disasters. The report shall 
     include consideration of the following:
       (1) Actions being undertaken at various ports to better 
     identify critical land-side connectors that may be vulnerable 
     to disruption in the event of a natural disaster, including 
     how to communicate such information during a disaster when 
     communications systems may be compromised, and the level of 
     Federal involvement in such efforts.
       (2) The extent to which the Department of Transportation 
     and other Federal agencies are working in line with recent 
     recommendations from key resiliency reports, including the 
     National Academies of Science study on strengthening supply 
     chain resilience, to establish a framework for ports to 
     follow to increase resiliency to major weather-related 
     disruptions before they happen.
       (3) The extent to which the Department of Transportation or 
     other Federal agencies have provided funds to ports for 
     resiliency-related projects.
       (4) The extent to which Federal agencies have a coordinated 
     approach to helping ports and the multiple State, local, 
     Tribal, and private stakeholders involved, to improve 
     resiliency prior to weather-related disasters.

     SEC. 3524. STUDY ON FOREIGN INVESTMENT IN SHIPPING.

       (a) Assessment.--Subject to appropriations, the Under 
     Secretary of Commerce for International Trade (referred to in 
     this section as the ``Under Secretary'') in coordination with 
     Maritime Administration, the Federal Maritime Commission, and 
     other relevant agencies shall conduct an assessment of 
     subsidies, indirect state support, and other financial 
     infrastructure or benefits provided by foreign states that 
     control more than 1 percent of the world merchant fleet to 
     entities or individuals building, owning, chartering, 
     operating, or financing vessels not documented under the laws 
     of the United States that are engaged in foreign commerce.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this section, the Under Secretary shall submit 
     to the appropriate committees of Congress, as defined in 
     section 3538, a report on the assessment conducted under 
     subsection (a), including--
       (1) the amount, in United States dollars, of such support 
     provided by a foreign state described in subsection (a) to--
       (A) the shipping industry of each country as a whole;
       (B) the shipping industry as a percent of gross domestic 
     product of each country; and
       (C) each ship on average, by ship type for cargo, tanker, 
     and bulk;
       (2) the amount, in United States dollars, of such support 
     provided by a foreign state described in subsection (a) to 
     the shipping industry of another foreign state, including 
     favorable financial arrangements for ship construction;
       (3) a description of the shipping industry activities of 
     state-owned enterprises of a foreign state described in 
     subsection (a);
       (4) a description of the type of support provided by a 
     foreign state described in subsection (a), including tax 
     relief, direct payment, indirect support of state-controlled 
     financial entities, or other such support, as determined by 
     the Under Secretary; and
       (5) a description of how the subsidies provided by a 
     foreign state described in subsection (a) may be 
     disadvantaging the competitiveness of vessels documented 
     under the laws of the United States that are engaged in 
     foreign commerce and the national security of the United 
     States.
       (c) Definitions.--In this section:
       (1) Foreign commerce.--The term ``foreign commerce'' 
     means--
       (A) commerce or trade between the United States, its 
     territories or possessions, or the District of Columbia, and 
     a foreign country;
       (B) commerce or trade between foreign countries; or
       (C) commerce or trade within a foreign country.
       (2) Foreign state.--The term ``foreign state'' has the 
     meaning given the term in section 1603(a) of title 28, United 
     States Code.
       (3) Shipping industry.--The term ``shipping industry'' 
     means the construction, ownership, chartering, operation, or 
     financing of vessels engaged in foreign commerce.

     SEC. 3525. REPORT REGARDING ALTERNATE MARINE FUEL BUNKERING 
                   FACILITIES AT PORTS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this title, the Maritime Administrator shall 
     report on the necessary port-related infrastructure needed to 
     support bunkering facilities for liquefied natural gas, 
     hydrogen, ammonia, or other new marine fuels under 
     development. The Maritime Administrator shall publish the 
     report on a publicly available website.
       (b) Contents.--The report described in subsection (a) shall 
     include--
       (1) information about the existing United States 
     infrastructure, in particular the storage facilities, 
     bunkering vessels, and transfer systems to support bunkering 
     facilities for liquefied natural gas, hydrogen, ammonia, or 
     other new marine fuels under development;
       (2) a review of the needed upgrades to United States 
     infrastructure, including storage facilities, bunkering 
     vessels, and transfer systems, to support bunkering 
     facilities for liquefied natural gas, hydrogen, ammonia, or 
     other new marine fuels under development;
       (3) an assessment of the estimated Government investment in 
     this infrastructure and the duration of that investment; and
       (4) in consultation with relevant Federal agencies, 
     information on the relevant Federal agencies that would 
     oversee the permitting and construction of bunkering 
     facilities for liquefied natural gas, hydrogen, ammonia, or 
     other new marine fuels, as well as the Federal funding grants 
     or formula programs that could be used for such marine fuels.

     SEC. 3526. STUDY OF CYBERSECURITY AND NATIONAL SECURITY 
                   THREATS POSED BY FOREIGN MANUFACTURED CRANES AT 
                   UNITED STATES PORTS.

       The Administrator of the Maritime Administration shall--
       (1) conduct a study, in consultation with the Secretary of 
     Homeland Security, the Secretary of Defense, and the Director 
     of the Cybersecurity and Infrastructure Security Agency, to 
     assess whether there are cybersecurity or national security 
     threats posed by foreign manufactured cranes at United States 
     ports;
       (2) submit, not later than 1 year after the date of 
     enactment of this title, an unclassified report on the study 
     described in paragraph (1) to the Committee on Commerce, 
     Science, and Transportation of the Senate, the Committee on 
     Armed Services of the Senate, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, and the Committee on Armed Services of 
     the House of Representatives; and
       (3) if determined necessary by the Administrator, the 
     Secretary of Homeland Security, or the Secretary Defense, 
     submit a classified report on the study described in 
     paragraph (1) to the committees described in paragraph (2).

     SEC. 3527. PROJECT SELECTION CRITERIA FOR PORT INFRASTRUCTURE 
                   DEVELOPMENT PROGRAM.

       Section 54301(a)(6) of title 46, United States Code, is 
     amended by adding at the end the following:
       ``(C) Considerations for noncontiguous states and 
     territories.--In considering the criteria under subparagraphs 
     (A)(ii) and (B)(ii) for selecting a project described in 
     paragraph (3), in the case the proposed project is located in 
     a noncontiguous State or territory, the Secretary may take 
     into account the geographic isolation of the State or 
     territory and the economic dependence of the State or 
     territory on the proposed project.''.

     SEC. 3528. INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE 
                   REPORT ON STRATEGIC SEAPORTS.

       Section 54301(a)(6) of title 46, United States Code, is 
     amended by adding at the end the following:
       ``(D) Infrastructure improvements identified in the report 
     on strategic seaports.--In selecting projects described in 
     paragraph (3) for funding under this subsection, the 
     Secretary may 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.''.

                     Subtitle D--Maritime Workforce

     SEC. 3531. SENSE OF CONGRESS ON MERCHANT MARINE.

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

     SEC. 3532. ENSURING DIVERSE MARINER RECRUITMENT.

       Not later than 6 months after the date of enactment of this 
     section, 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 each of the following:
       (1) Black and African American.
       (2) Hispanic and Latino.
       (3) Asian.
       (4) American Indian, Alaska Native, and Native Hawaiian.
       (5) Pacific Islander.

     SEC. 3533. LOW EMISSIONS VESSELS TRAINING.

       (a) Development of Strategy.--The Secretary of 
     Transportation, in consultation with the United States 
     Merchant Marine Academy, State maritime academies, 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

[[Page S6521]]

     States citizen mariners sufficient to meet the operational 
     requirements of low and zero emission vessels. Implementation 
     of the strategy shall aim to increase the supply of trained 
     United States citizen mariners sufficient to meet the needs 
     of the maritime industry and ensure continued investment in 
     training for mariners serving on conventional fuel 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. 3534. 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 legal proceeding or agency action in any 
     administrative proceeding that determines the individual 
     committed sexual harassment or sexual assault in violation of 
     any Federal, State, local, or Tribal law or regulation and 
     for which all appeals have been exhausted, as applicable; 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 (d), if the determination affords appropriate due 
     process rights to the subject of the investigation.
       ``(2) Additional review.--A license, certificate of 
     registry, or merchant mariner's document shall not be 
     suspended or revoked under subsection (a) or (b) unless the 
     substantiated claim is reviewed and affirmed, in accordance 
     with the applicable definition in subsection (d), by an 
     administrative law judge at the same suspension or revocation 
     hearing under this chapter described in subsection (a) or 
     (b), as applicable.
       ``(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.
       ``(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 titles 10 and title 18 to 
     implement this section.''.
       (c) Clerical Amendment.--The chapter analysis 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.''.
       (d) 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. 51325. 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.
       ``(6) Correcting records.--In establishing the information 
     management system, the Maritime Administrator shall create a 
     process to ensure that if any incident report results in a 
     final agency action or final judgement that acquits an 
     individual of wrongdoing, all personally identifiable 
     information about the acquitted individual is removed from 
     that incident report in the system.
       ``(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).
       ``(c) Data-informed Decisionmaking.--The data maintained in 
     the data management system under subsection (a) and through 
     the exit interviews under subsection (b) shall be 
     affirmatively referenced and used to inform the creation of 
     new policy or regulation, or changes to any existing policy 
     or regulation, in the areas of sexual harassment, dating 
     violence, domestic violence, sexual assault, and stalking.

     ``Sec. 51326. Student advisory board at the United States 
       Merchant Marine Academy

       ``(a) In General.--The Maritime Administrator 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 Maritime 
     Administrator. 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.

[[Page S6522]]

       ``(d) Reappointment.--The Maritime Administrator may 
     reappoint not more than 6 cadets from the previous term to 
     serve on the Advisory Board for an additional academic year 
     if the Maritime 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 not less than once each academic 
     year to discuss the activities of the Advisory Board. The 
     Advisory Board shall meet in person with the Maritime 
     Administrator 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 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 51325(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 
     Maritime Administrator 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. 51327. 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, to 
     the maximum extent practicable, 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 
     harassment 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 semiannually to--
       ``(A) review--
       ``(i) the policies on sexual harassment, dating violence, 
     domestic violence, sexual assault, and stalking under section 
     51318 of this title;
       ``(ii) the trends and patterns of data contained in the 
     system described under section 51325 of this title; and
       ``(iii) 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 51325(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. 51328. Student support

       ``The Maritime Administrator shall--
       ``(1) require a biannual survey of midshipmen, faculty, and 
     staff of the Academy assessing the inclusiveness of the 
     environment of the Academy; and
       ``(2) require an annual survey of faculty and staff of the 
     Academy assessing the inclusiveness of the environment of the 
     Sea Year program.''.
       (e) 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 section 51328 of title 46, 
     United States Code, as added by this section.
       (f) Conforming Amendments.--The chapter analysis for ? 
     chapter 513 of title 46, United States Code, is amended by 
     adding at the end the following:

``51325. Sexual assault and sexual harassment prevention information 
              management system.
``51326. Student advisory board at the United States Merchant Marine 
              Academy.
``51327. Sexual Assault Advisory Council.
``51328. Student support.''.
       (g) United States Merchant Marine Academy Student Support 
     Plan.--
       (1) 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--
       (A) address the mental health resources available to 
     midshipmen, both on-campus and during Sea Year;
       (B) establish a tracking system for suicidal ideations and 
     suicide attempts of midshipmen, which excludes personally 
     identifiable information;
       (C) create an option for midshipmen to obtain assistance 
     from a professional care provider virtually; and
       (D) 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.
       (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 report on the resources 
     necessary to properly implement this subsection.
       (h) Special Victims Advisor.--Section 51319 of title 46, 
     United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d);
       (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 the Uniform Code of Military Justice, 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 subsections (a) and (d) of this section 
     without regard to sections 3309 through 3319 of title 5.''.
       (i) Catch a Serial Offender Assessment.--
       (1) Assessment.--Not later than one year after the date of 
     enactment of this section, 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 51325 of title 46, United States Code, and the 
     exit interviews under subsection (b) of such section.

[[Page S6523]]

       (2) Legislative change proposals.--If, as a result of the 
     assessment required by paragraph (1), the Commandant or the 
     Administrator determines that additional authority is 
     necessary to implement the program described in paragraph 
     (1), the Commandant or the Administrator, as applicable, 
     shall provide appropriate legislative change proposals to 
     Congress.
       (j) 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 semiannually 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.''.

     SEC. 3535. BOARD OF VISITORS.

       Section 51312 of title 46, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)--
       (i) by redesignating subparagraph (C) as subparagraph (D);
       (ii) in subparagraph (D), as redesignated by clause (i), by 
     striking ``flag-rank who'' and inserting ``flag-rank'';
       (iii) in subparagraph (B), by striking ``and'' after the 
     semicolon; and
       (iv) by inserting after subparagraph (B) the following:
       ``(C) at least 1 shall be a representative of a maritime 
     labor organization; and''; and
       (B) in paragraph (3), by adding at the end the following:
       ``(C) Replacement.--If a member of the Board is replaced, 
     not later than 60 days after the date of the replacement, the 
     Designated Federal Officer selected under subsection (g)(2) 
     shall notify that member.'';
       (2) in subsection (d)--
       (A) in paragraph (1), by inserting ``and 2 additional 
     meetings, which may be held in person or virtually'' after 
     ``Academy''; and
       (B) by adding at the end the following:
       ``(3) Scheduling; notification.--When scheduling a meeting 
     of the Board, the Designated Federal Officer shall 
     coordinate, to the greatest extent practicable, with the 
     members of the Board to determine the date and time of the 
     meeting. Members of the Board shall be notified of the date 
     of each meeting not less than 30 days prior to the meeting 
     date.'';
       (3) in subsection (e), by adding at the end the following:
       ``(4) Staff.--One or more staff of each member of the Board 
     may accompany them on Academy visits.
       ``(5) Scheduling; notification.--When scheduling a visit to 
     the Academy, the Designated Federal Officer shall coordinate, 
     to the greatest extent practicable, with the members of the 
     Board to determine the date and time of the visit. Members of 
     the Board shall be notified of the date of each visit not 
     less than 30 days prior to the visit date.''; and
       (4) in subsection (h)--
       (A) by inserting ``and ranking member'' after ``chairman'' 
     each place the term appears; and
       (B) by adding at the end the following: ``Such staff may 
     attend meetings and may visit the Academy.''.

     SEC. 3536. MARITIME TECHNICAL ADVANCEMENT ACT.

       (a) Short Title.--This section may be cited as the 
     ``Maritime Technological Advancement Act of 2022''.
       (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 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 section 102(c) of the Higher Education Act of 1965 (20 
     U.S.C. 1002(c));
       ``(iii) a public or private nonprofit entity that offers 1 
     or more other structured experiential learning training 
     programs for American workers in the United States maritime 
     industry, including a program that is offered by a labor 
     organization or conducted in partnership with a nonprofit 
     organization or 1 or more employers in the maritime industry; 
     or
       ``(iv) an entity sponsoring a registered apprenticeship 
     program.
       ``(C) Registered apprenticeship program.--The term 
     `registered apprenticeship program' means an apprenticeship 
     program registered with the Office of Apprenticeship of the 
     Employment and Training Administration of the Department of 
     Labor or a State apprenticeship agency recognized by the 
     Office of Apprenticeship pursuant to the Act of August 16, 
     1937 (commonly known as the `National Apprenticeship Act'; 50 
     Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
       ``(D) 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--
       ``(i) vessel construction and repair;
       ``(ii) vessel operations;
       ``(iii) ship logistics supply;
       ``(iv) berthing;
       ``(v) port operations;
       ``(vi) port intermodal operations;
       ``(vii) marine terminal operations;
       ``(viii) vessel design;
       ``(ix) marine brokerage;
       ``(x) marine insurance;
       ``(xi) marine financing;
       ``(xii) chartering;
       ``(xiii) marine-oriented supply chain operations;
       ``(xiv) offshore industry;
       ``(xv) offshore wind construction, operation, and repair; 
     and
       ``(xvi) maritime-oriented research and development.
       ``(2) Grant authorization.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the Maritime Technological Advancement Act of 
     2022, the Administrator shall award maritime career training 
     grants to eligible institutions for the purpose of 
     developing, offering, or improving educational or career 
     training programs for American workers related to the 
     maritime workforce.
       ``(B) Guidelines.--Not later than 1 year after the date of 
     enactment of the Maritime Technological Advancement Act of 
     2022, the Administrator shall--
       ``(i) promulgate guidelines for the submission of grant 
     proposals under this subsection; and
       ``(ii) publish and maintain such guidelines on the website 
     of the Maritime Administration.
       ``(3) Limitations.--The Administrator may not award a grant 
     under this subsection in an amount that is more than 
     $12,000,000.
       ``(4) Required information.--
       ``(A) In general.--An eligible institution that desires to 
     receive a grant under this subsection shall submit to the 
     Administrator a grant proposal that includes a detailed 
     description of--
       ``(i) the specific project for which the grant proposal is 
     submitted, including the manner in which the grant will be 
     used to develop, offer, or improve an educational or career 
     training program that is suited to maritime industry workers;
       ``(ii) the extent to which the project for which the grant 
     proposal is submitted will meet the educational or career 
     training needs of maritime workers in the community served by 
     the eligible institution, particularly any individuals with a 
     barrier to employment;
       ``(iii) the extent to which the project for which the grant 
     proposal is submitted fits within any overall strategic plan 
     developed by an eligible community; and
       ``(iv) any 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 institutions 
     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

[[Page S6524]]

       ``(III) the extent to which employers, including small- and 
     medium-sized firms within the community, have expressed an 
     interest in employing workers who would benefit from the 
     project for which the grant proposal is submitted.

       ``(5) Criteria for award of grants.--Subject to the 
     appropriation of funds, the Administrator shall award a grant 
     under this subsection based on--
       ``(A) 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;
       ``(B) 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;
       ``(C) 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;
       ``(D) any prior designation of an institution as a Center 
     of Excellence for Domestic Maritime Workforce Training and 
     Education; and
       ``(E) an evaluation of the previous experience of the 
     eligible institution in providing maritime educational or 
     career training programs.
       ``(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 a 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, construct, erect, repair, 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--

       ``(I) 4-year institutions of higher education;
       ``(II) labor organizations;
       ``(III) registered apprenticeship programs with the United 
     States maritime industry; or
       ``(IV) an entity described in subclause (I ) through (III) 
     that has a memorandum of understanding with 1 or more 
     employers in the maritime industry;

       ``(v) create new maritime pathways or expand existing 
     maritime 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 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--

       ``(I) an existing registered apprenticeship program or a 
     pre-apprenticeship program that articulates to a registered 
     apprenticeship program;
       ``(II) a paid internship; or
       ``(III) a joint labor-management partnership;

       ``(xv) 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;
       ``(xvi) 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
       ``(xvii) 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) 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 2023 through 2027.''.

     SEC. 3537. STUDY ON CAPITAL IMPROVEMENT PROGRAM AT THE USMMA.

       (a) Findings.--Congress finds the following:
       (1) The United States Merchant Marine Academy campus is 
     nearly 80 years old and many of the buildings have fallen 
     into a serious state of disrepair.
       (2) Except for renovations to student barracks in the early 
     2000s, all of the buildings on campus have exceeded their 
     useful life and need to be replaced or undergo major 
     renovations.
       (3) According to the Maritime Administration, since 2011, 
     $234,000,000 has been invested in capital improvements on the 
     campus, but partly due to poor planning and cost overruns, 
     maintenance and building replacement backlogs continue.
       (b) Study.--The Comptroller General shall conduct a study 
     of the United States Merchant Marine Academy Capital 
     Improvement Program. The study shall include an evaluation 
     of--
       (1) the actions the United States Merchant Marine Academy 
     has taken to bring the buildings, infrastructure, and other 
     facilities on campus up to standards and the further actions 
     that are required to do so;
       (2) how the approach that the United States Merchant Marine 
     Academy uses to manage its capital assets meets leading 
     practices;
       (3) how cost estimates prepared for capital asset projects 
     meet cost estimating leading practices;
       (4) whether the United States Merchant Marine Academy has 
     adequate staff who are trained to identify needed capital 
     projects, estimate the cost of those projects, perform 
     building maintenance, and manage capital improvement 
     projects; and
       (5) how the United States Merchant Marine Academy 
     identifies and prioritizes capital construction needs, and 
     how that priority relates to the safety, education, and 
     wellbeing of midshipmen.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this section, the Comptroller General shall 
     prepare and submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report containing the results of the study 
     under this section.

     SEC. 3538. IMPLEMENTATION OF RECOMMENDATIONS FROM THE 
                   NATIONAL ACADEMY OF PUBLIC ADMINISTRATION.

       (a) Inspector General Audit.--The Inspector General of the 
     Department of Transportation shall--

[[Page S6525]]

       (1) not later than 180 days after the date of enactment of 
     this section, initiate an audit of the Maritime 
     Administration's actions to address only recommendations 4.1 
     through 4.3, 4.7 through 4.11, 5.1 through 5.4, 5.6, 5.7, 
     5.11, 5.14, 5.15, 5.16, 6.1 through 6.4, 6.6, and 6.7, 
     identified by a National Academy of Public Administration 
     panel in the November 2021 report entitled ``Organizational 
     Assessment of the United States Merchant Marine Academy: A 
     Path Forward''; and
       (2) release publicly, and submit to the appropriate 
     committees of Congress, a report containing the results of 
     the audit described in paragraph (1) once the audit is 
     completed.
       (b) Agreement for Study by National Academy of Public 
     Administration.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this title, the Secretary of Transportation 
     shall enter into an agreement with the National Academy of 
     Public Administration (referred to in this section as the 
     ``Academy'') to provide support for--
       (A) prioritizing and addressing the recommendations 
     described in subsection (a)(1), and establishing a process 
     for prioritizing other recommendations in the future;
       (B) development of long-term processes and a timeframe for 
     long-term process improvements, as well as corrective actions 
     and best practice criteria that can be implemented in the 
     medium- and near-term;
       (C) establishment of a clear assignment of responsibility 
     for implementation of each recommendation described in 
     subsection (a)(1), and a strategy for assigning other 
     recommendations in the future; and
       (D) a performance measurement system, including data 
     collection and tracking and evaluating progress toward goals.
       (2) Report of progress.--Not later than 1 year after the 
     date of the agreement described in paragraph (1), the Academy 
     shall prepare and submit a report of progress to the Maritime 
     Administrator, the Inspector General of the Department of 
     Transportation, and the appropriate committees of Congress.
       (c) Prioritization and Implementation Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this title, the Maritime Administrator shall 
     provide a prioritization and implementation plan to assess, 
     prioritize, and address the recommendations identified by the 
     National Academy of Public Administration panel in the 
     November 2021 report entitled ``Organizational Assessment of 
     the United States Merchant Marine Academy: A Path Forward'' 
     that are relevant to the Maritime Administration and not 
     listed in subsection (a)(1). The prioritization and 
     implementation plan shall--
       (A) make use of the strategies, processes, and systems 
     described in subsection (b)(1);
       (B) include estimated timelines and cost estimates for 
     implementation of priority goals;
       (C) include summaries of stakeholder and interagency 
     engagement used to assess goals and timelines; and
       (D) be released publicly and submitted to the Inspector 
     General of the Department of Transportation and the 
     appropriate committees of Congress.
       (2) Audit and report.--The Inspector General of the 
     Department of Transportation shall--
       (A) not later than 180 days after the date of publication 
     of the prioritization and implementation plan described in 
     paragraph (1), initiate an audit of the Maritime 
     Administration's actions to address the prioritization and 
     implementation plan;
       (B) monitor the Maritime Administration's actions to 
     implement recommendations made by the Inspector General's 
     audit described in subparagraph (A) and in prior audits of 
     the Maritime Administration's implementation of National 
     Academy of Public Administration recommendations and 
     periodically initiate subsequent audits of the Maritime 
     Administration's continued actions to address the 
     prioritization and implementation plan, as the Inspector 
     General determines may be necessary; and
       (C) release publicly and submit to the Administrator of the 
     Maritime Administration and the appropriate committees of 
     Congress a report containing the results of the audit once 
     the audit is completed.
       (3) Report of progress.--Not later than 180 days after the 
     date of publication of the Inspector General's report 
     described in paragraph (2)(C), and annually thereafter, the 
     Administrator of the Maritime Administration shall prepare 
     and submit a report to the Inspector General of the 
     Department of Transportation and the appropriate committees 
     of Congress describing--
       (A) the Maritime Administration's planned actions and 
     estimated timeframes for taking action to implement any open 
     or unresolved recommendations from the Inspector General's 
     reports described in paragraph (2) and in subsection (a); and
       (B) any target action dates associated with open and 
     unresolved recommendations from the Inspector General's 
     reports described in paragraph (2) and in subsection (a) 
     which the Maritime Administration failed to meet or for which 
     it requested an extension of time, and the reasons for which 
     an extension was necessary.
       (d) Agreement for Plan on Capital Improvements.--Not later 
     than 90 days after the date of enactment of this title, the 
     Maritime Administration shall enter into an agreement with a 
     Federal construction agent to create a plan to execute 
     capital improvements at the United States Merchant Marine 
     Academy.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means the Committee on Commerce, Science, and Transportation 
     of the Senate, the Committee on Transportation and 
     Infrastructure of the House of Representatives, the 
     Appropriations Subcommittees on Transportation, Housing and 
     Urban Development, and Related Agencies of the Senate and the 
     House of Representatives, and the Committee on Armed Services 
     of the House of Representatives.

     SEC. 3539. SERVICE ACADEMY FACULTY PARITY.

       Section 105 of title 17, United States Code, is amended--
       (1) in the heading of subsection (b), by striking ``Certain 
     of Works '' and inserting ``Certain Works'';
       (2) in the first subsection (c), by striking ``The 
     Secretary of Defense may'' and inserting ``The Secretary of 
     Defense (or, with respect to the United States Merchant 
     Marine Academy, the Secretary of Transportation, or, with 
     respect to the United States Coast Guard Academy, the 
     Secretary of Homeland Security) may'';
       (3) by redesignating the second subsection (c) as 
     subsection (d); and
       (4) in subsection (d)(2), as redesignated by paragraph (3), 
     by adding at the end the following:
       ``(M) United States Merchant Marine Academy.''.

     SEC. 3540. UPDATED REQUIREMENTS FOR FISHING CREW AGREEMENTS.

       Section 10601(b) of title 46, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (2) by redesignating paragraph (3) as paragraph (4); and
       (3) by inserting after paragraph (2) the following:
       ``(3) if the vessel is a catcher processor or fish 
     processing vessel with more than 25 crew, require that the 
     crewmember be served not less than 3 meals a day that total 
     not less than 3,100 calories, including adequate water and 
     minerals in accordance with the Untied States Recommended 
     Daily Allowances; and''.

            Subtitle E--Technology Innovation and Resilience

     SEC. 3541. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE 
                   PROGRAM.

       Section 50307 of title 46, United States Code, is amended--
       (1) by striking the subsection (a) enumerator and all that 
     follows through ``Transportation'' and inserting the 
     following:
       ``(a) Emerging Marine Technologies and Practices.--
       ``(1) In general.--The Secretary of Transportation'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively and adjusting the 
     margins accordingly; and
       (ii) in clause (iv), as redesignated by clause (i), by 
     striking ``propeller cavitation'' and inserting ``incidental 
     vessel-generated underwater noise, such as noise from 
     propeller cavitation or hydrodynamic flow'';
       (B) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively and adjusting the 
     margins accordingly;
       (3) in subsection (c), by redesignating paragraphs (1) and 
     (2) as subparagraphs (A) and (B), respectively and adjusting 
     the margins accordingly;
       (4) by redesignating subsections (b) through (d) as 
     paragraphs (2) through (4), respectively and adjusting the 
     margins accordingly;
       (5) by redesignating subsection (e) as subsection (b);
       (6) by striking subsection (f);
       (7) in subsection (a)--
       (A) in paragraph (1), as designated under paragraph (1) of 
     this section--
       (i) by inserting ``or support'' after ``engage in'';
       (ii) by striking ``the use of public'' and all that follows 
     through the end of the sentence and inserting ``eligible 
     entities.'';
       (B) in paragraph (2), as redesignated under paragraph (4) 
     of this section--
       (i) by striking ``this section'' and inserting ``this 
     subsection'';
       (ii) by striking ``or improve'' and inserting ``improve, or 
     support efforts related to,'';
       (C) in paragraph (3), as redesignated by paragraph (4) of 
     this section, by striking ``under subsection (b)(2) may 
     include'' and inserting ``with other Federal agencies or with 
     State, local, or Tribal governments, as appropriate, under 
     paragraph (2)(B) may include'';
       (D) in paragraph (4), as redesignated by paragraph (4) of 
     this section--
       (i) by striking ``academic, public, private, and 
     nongovernmental entities and facilities'' and inserting 
     ``eligible entities''; and
       (ii) by striking ``subsection (a)'' and inserting ``this 
     subsection''; and
       (E) by adding at the end the following:
       ``(5) Grants.--Subject to the availability of 
     appropriations, the Maritime Administrator, may establish and 
     carry out a competitive grant program to award grants to 
     eligible entities for projects in the United States 
     consistent with the goals of this subsection to study, 
     evaluate, test, demonstrate, or apply technologies and 
     practices to improve environmental performance.'';
       (8) in subsection (b), as redesignated by paragraph (5) of 
     this section, by striking

[[Page S6526]]

     ``subsection (b)(1)'' and inserting ``this section''; and
       (9) by adding at the end the following:
       ``(c) Vessels.--Activities carried out under a grant or 
     cooperative agreement made under this section may be 
     conducted on public vessels under the control of the Maritime 
     Administration, upon approval of the Maritime Administrator.
       ``(d) Eligible Entity Defined.--In this section, the term 
     `eligible entity' means--
       ``(1) a private entity, including a nonprofit organization;
       ``(2) a State, regional, or local government or entity, 
     including special districts;
       ``(3) an Indian Tribe (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304)) or a consortium of Indian Tribes;
       ``(4) an institution of higher education as defined under 
     section 102 of the Higher Education Act of 1965 (20 U.S.C. 
     1002); or
       ``(5) a partnership or collaboration of entities described 
     in paragraphs (1) through (3).
       ``(e) Center for Maritime Innovation.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Maritime Administration Authorization Act 
     for Fiscal Year 2023, the Secretary of Transportation shall, 
     through a cooperative agreement, establish a United States 
     Center for Maritime Innovation (referred to in this 
     subsection as the `Center') to support the study, research, 
     development, assessment, and deployment of emerging marine 
     technologies and practices related to the maritime 
     transportation system.
       ``(2) Selection.--The Center shall be--
       ``(A) selected through a competitive process of eligible 
     entities;
       ``(B) based in the United States with technical expertise 
     in emerging marine technologies and practices related to the 
     maritime transportation system; and
       ``(C) located in close proximity to eligible entities with 
     expertise in United States emerging marine technologies and 
     practices, including the use of alternative fuels and the 
     development of both vessel and shoreside infrastructure.
       ``(3) Coordination.--The Secretary of Transportation shall 
     coordinate with other agencies critical for science, 
     research, and regulation of emerging marine technologies for 
     the maritime sector, including the Department of Energy, the 
     Environmental Protection Agency, the National Science 
     Foundation, and the Coast Guard, when establishing the 
     Center.
       ``(4) Functions.--The Center shall--
       ``(A) support eligible entities regarding the development 
     and use of clean energy and necessary infrastructure to 
     support the deployment of clean energy on vessels of the 
     United States;
       ``(B) monitor and assess, on an ongoing basis, the current 
     state of knowledge regarding emerging marine technologies in 
     the United States;
       ``(C) identify any significant gaps in emerging marine 
     technologies research specific to the United States maritime 
     industry, and seek to fill those gaps;
       ``(D) conduct research, development, testing, and 
     evaluation for equipment, technologies, and techniques to 
     address the components under subsection (a)(2);
       ``(E) provide--
       ``(i) guidance on best available technologies;
       ``(ii) technical analysis;
       ``(iii) assistance with understanding complex regulatory 
     requirements; and
       ``(iv) documentation of best practices in the maritime 
     industry, including training and informational webinars on 
     solutions for the maritime industry; and
       ``(F) work with academic and private sector response 
     training centers and Domestic Maritime Workforce Training and 
     Education Centers of Excellence to develop maritime 
     strategies applicable to various segments of the United 
     States maritime industry, including the inland, deep water, 
     and coastal fleets.''.

     SEC. 3542. STUDY ON STORMWATER IMPACTS ON SALMON.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this section, the Administrator of the National 
     Oceanic and Atmospheric Administration, in concert with the 
     Secretary of Transportation and the Administrator of the 
     Environmental Protection Agency, and in consultation with the 
     Director of the United States Fish and Wildlife Service, 
     shall commence a study that--
       (1) examines the existing science on tire-related chemicals 
     in stormwater runoff at ports 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 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
       (4) provides recommendations based on the best available 
     science on relevant management approaches at ports 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, the Committee on 
     Environment and Public Works 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. 3543. STUDY TO EVALUATE EFFECTIVE VESSEL QUIETING 
                   MEASURES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this title, the Administrator of the Maritime 
     Administration, in consultation with the Under Secretary of 
     Commerce for Oceans and Atmosphere and the Secretary of the 
     Department in which the Coast Guard is operating, shall 
     submit to the committees identified under subsection (b), and 
     make publicly available on the website of the Department of 
     Transportation, a report that includes, at a minimum--
       (1) a review of technology-based controls and best 
     management practices for reducing vessel-generated underwater 
     noise; and
       (2) for each technology-based control and best management 
     practice identified, an evaluation of--
       (A) the applicability of each measure to various vessel 
     types;
       (B) the technical feasibility and economic achievability of 
     each measure; and
       (C) the co-benefits and trade-offs of each measure.
       (b) Committees.--The report under subsection (a) shall be 
     submitted to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
                                 ______