[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.
______