[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3270 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3270
To reauthorize the Maritime Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 29, 2021
Ms. Cantwell (for herself and Mr. Wicker) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To reauthorize the Maritime Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Administration
Reauthorization Act of 2022''.
SEC. 2. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
There are authorized to be appropriated to the Department of
Transportation for fiscal year 2022, for programs associated with
maintaining the United States Merchant Marine, the following amounts:
(1) For expenses necessary to support the United States
Merchant Marine Academy, $90,532,000, of which--
(A) $85,032,000, to remain available until
September 30, 2023, shall be for Academy operations;
and
(B) $5,500,000, to remain available until expended,
shall be for facilities maintenance and repair and
equipment.
(2) For expenses necessary for operations, support, and
training activities for the State maritime academies,
$50,780,000, of which--
(A) $2,400,000, to remain available until September
30, 2026, shall be for the Student Incentive Program;
(B) $6,000,000, to remain available until September
30, 2023, shall be for direct payments for State
maritime academies;
(C) $3,800,000, to remain available until expended,
shall be for training ship fuel assistance;
(D) $8,080,000, to remain available until expended,
shall be for offsetting the costs of training ship
sharing; and
(E) $30,500,000, to remain available until
expended, shall be for maintenance and repair, of State
maritime academy training vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $315,600,000, which shall remain
available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $81,853,000, of which--
(A) $10,000,000, to remain available until
expended, shall be for the Maritime Environmental and
Technical Assistance program authorized under section
50307 of title 46, United States Code;
(B) $11,000,000, to remain available until
expended, shall be for the Marine Highways Program,
including to make grants as authorized under section
55601 of title 46, United States Code; and
(C) $60,853,000, to remain available until
September 30, 2022, shall be for headquarters
operations expenses.
(5) For expenses necessary for the disposal of vessels in
the National Defense Reserve Fleet of the Maritime
Administration, $10,000,000, which shall remain available until
expended.
(6) For expenses necessary to maintain and preserve a
United States-flag merchant fleet to serve the national
security needs of the United States, as authorized under
chapter 531 of title 46, United States Code, $318,000,000,
which shall remain available until expended.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000, to remain available until
expended, shall be for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5))) of loan guarantees under the program;
and
(B) $3,000,000, to remain available until expended,
may be used for administrative expenses relating to
loan guarantee commitments under the program.
(8) For expenses necessary to provide for the Tanker
Security Fleet, as authorized under chapter 534 of title 46,
United States Code, $60,000,000, which shall remain available
until expended.
(9) For expenses necessary to provide assistance to small
shipyards and for maritime training programs authorized under
section 54101 of title 46, United States Code, $40,000,000,
which shall remain available until expended.
(10) For expenses necessary to implement the Port and
Intermodal Improvement Program, $750,000,000, to remain
available until expended, except that no such funds may be used
to provide a grant to purchase fully automated cargo handling
equipment that is remotely operated or remotely monitored with
or without the exercise of human intervention or control, if
the Secretary determines such equipment would result in a net
loss of jobs within a port of port terminal.
SEC. 3. EXPANDING THE MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE
PROGRAM.
(a) Maritime Environmental and Technical Assistance Program.--From
the amount appropriated under section 2(1)(A), not more than 60 percent
shall be reserved for activities related to technologies that support
port and vessel air emissions reductions and to support zero emissions
technologies, including identification of new fuel or other power
sources.
(b) Uses.--Section 50307 of title 46, United States Code, is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Uses.--The results of activities conducted under subsection
(b)(1) shall be used to inform the policy decisions of the United
States related to domestic regulations and to the United States
position on matters before the International Maritime Organization.''.
SEC. 4. SUSTAINABLE PORT INFRASTRUCTURE.
(a) Short Title.--This section may be cited as the ``Sustainable
Port Infrastructure Act''.
(b) Port Development.--Section 50302(c) of title 46, United States
Code, is amended--
(1) in paragraph (3)(A)(ii)--
(A) in subclause (II), by striking ``or'' after the
semicolon; and
(B) by adding at the end the following:
``(IV) projects that improve the
resiliency of ports to address sea-
level rise, flooding, extreme weather
events, including earthquakes,
hurricanes and tsunami inundation,
including projects for--
``(aa) port electrification
or electrification master
planning;
``(bb) harbor craft or
equipment replacements/
retrofits;
``(cc) development of port
or terminal micro-grids;
``(dd) providing idling
reduction infrastructure;
``(ee) purchase of cargo
handling equipment and related
infrastructure;
``(ff) worker training to
support electrification
technology;
``(gg) installation of port
bunkering facilities from
ocean-going vessels for fuels;
``(hh) electric vehicle
charge or hydrogen refueling
infrastructure for drayage, and
medium or heavy duty trucks and
locomotives that service the
port and related grid upgrades;
or
``(ii) other related to
port activities including
charging infrastructure,
electric rubber-tired gantry
cranes, and anti-idling
technologies; or'';
(2) in paragraph (7)(B), by striking ``18 percent'' and
inserting ``25 percent''; and
(3) in paragraph (10)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Efficient use of non-federal funds.--
``(i) In general.--Notwithstanding any
other provision of law and subject to approval
by the Secretary, in the case of any grant for
a project under this section, during the period
beginning on the date on which the grant
recipient is selected and ending on the date on
which the grant agreement is signed--
``(I) the grant recipient may
obligate and expend non-Federal funds
with respect to the project for which
the grant is provided; and
``(II) any non-Federal funds
obligated or expended in accordance
with subclause (I) shall be credited
toward the non-Federal cost share for
the project for which the grant is
provided.
``(ii) Requirements.--
``(I) Application.--In order to
obligate and expend non-Federal funds
under clause (i), the grant recipient
shall submit to the Secretary a request
to obligate and expend non-Federal
funds under that clause, including--
``(aa) a description of the
activities the grant recipient
intends to fund;
``(bb) a justification for
advancing the activities
described in item (aa),
including an assessment of the
effects to the project scope,
schedule, and budget if the
request is not approved; and
``(cc) the level of risk of
the activities described in
item (aa).
``(II) Approval.--The Secretary
shall approve or disapprove each
request submitted under subclause (I).
``(III) Compliance with applicable
requirements.--Any non-Federal funds
obligated or expended under clause (i)
shall comply with all applicable
requirements, including any
requirements included in the grant
agreement.
``(iii) Effect.--The obligation or
expenditure of any non-Federal funds in
accordance with this subparagraph shall not--
``(I) affect the signing of a grant
agreement or other applicable grant
procedures with respect to the
applicable grant;
``(II) create an obligation on the
part of the Federal Government to repay
any non-Federal funds if the grant
agreement is not signed; or
``(III) affect the ability of the
recipient of the grant to obligate or
expend non-Federal funds to meet the
non-Federal cost share for the project
for which the grant is provided after
the period described in clause (i).''.
SEC. 5. ELIJAH CUMMINGS SHIP AMERICAN ACT.
(a) Repeal in MAP-21.--Section 100124 of the Moving Ahead for
Progress in the 21st Century Act (Public Law 112-141) is repealed, and
the provisions of law that were repealed or amended by that section are
reenacted and amended, respectively, to read as if such section were
not enacted.
(b) Repeal in Bipartisan Budget Act of 2013.--Section 602 of the
Bipartisan Budget Act of 2013 (Public Law 113-67) is repealed, and the
provisions of law that were repealed or amended by that section are
reenacted and amended, respectively, to read as of such section were
not enacted.
(c) Transportation Requirements for Certain Exports Sponsored by
the Secretary of Agriculture.--Subsection (a)(1) of section 55314 of
title 46, United States Code, as reenacted by this section, is amended
by striking ``25 percent'' and inserting ``75 percent''.
(d) Financing the Transportation of Agricultural Commodities.--
Section 55316(a) of title 46, United States Code, as reenacted by this
section, is amended by inserting ``or from the application of section
55305 of this title, requiring transportation on privately-owned
commercial vessels of the United States for 100 percent of the gross
tonnage of certain equipment, materials, or commodities'' before the
period.
(e) Cargoes Procured, Furnished, or Financed by the United States
Government.--Section 55305(b) of title 46, United States Code, is
amended by striking ``50'' and inserting ``75''.
SEC. 6. SENSE OF CONGRESS ON THE UNITED STATES MERCHANT MARINE.
It is the sense of Congress that the United States Merchant Marine
is a critical part of the United States' national infrastructure, and
the men and women of the United States Merchant Marine are essential
workers.
SEC. 7. ENSURING DIVERSE MARINER RECRUITMENT.
Not later than 6 months after the date of enactment of this Act,
the Secretary of Transportation shall develop and deliver to Congress a
strategy to assist State maritime academies and the United States
Merchant Marine Academy to improve the representation of women and
underrepresented communities in the next generation of the mariner
workforce, including--
(1) Black or African American;
(2) Hispanic or Latino;
(3) Asian;
(4) American Indians, Alaska Native, or Native Hawaiians;
or
(5) Pacific Islander.
SEC. 8. MARITIME TECHNOLOGICAL ADVANCEMENT ACT OF 2021.
(a) Short Title.--This section may be cited as the ``Maritime
Technological Advancement Act of 2021''.
(b) Centers of Excellence for Domestic Maritime Workforce.--Section
51706 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``of Transportation'';
(2) in subsection (b), in the subsection heading, by
striking ``Assistance'' and inserting ``Cooperative
Agreements'';
(3) by redesignating subsection (c) as subsection (d);
(4) in subsection (d), as redesignated by paragraph (2), by
adding at the end the following:
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.''; and
(5) by inserting after subsection (b) the following:
``(c) Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Administrator.--The term `Administrator'
means the Administrator of the Maritime Administration.
``(B) Eligible institution.--The term `eligible
institution' means an institution that has a
demonstrated record of success in training and is--
``(i) a postsecondary educational
institution (as such term is defined in section
3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302)) that
offers a 2-year program of study or a 1-year
program of training;
``(ii) a postsecondary vocational
institution, as defined under title 600.6 of
title 34, Code of Federal Regulations, or
similar successor regulation; or
``(iii) another structured experiential
learning training program for American workers
in the United States maritime industry,
including a program offered by a labor
organization or conducted in partnerships with
a nonprofit organization or 1 or more employers
in the maritime industry.
``(C) United states maritime industry.--The term
`United States maritime industry' means all segments of
the maritime-related transportation system of the
United States, both in domestic and foreign trade, and
in coastal, offshore, and inland waters, as well as
non-commercial maritime activities, such as pleasure
boating and marine sciences (including all scientific
research vessels), and all of the industries that
support or depend upon such uses, including vessel
construction and repair, vessel operations, ship
logistics supply, berthing, port operations, port
intermodal operations, marine terminal operations,
vessel design, marine brokerage, marine insurance,
marine financing, chartering, maritime-oriented supply
chain operations, offshore industry, offshore wind, and
maritime-oriented research and development.
``(2) Grant authorization.--
``(A) In general.--Not later than 1 year after the
date of enactment of this section, the Administrator
may award maritime career training grants to eligible
institutions for the purpose of developing, offering,
or improving educational or career training programs
for workers in the United States related to the
maritime workforce.
``(B) Guidelines.--Not later than 1 year after the
date of enactment of this section, the Administrator
shall--
``(i) promulgate guidelines for the
submission of grant proposals under this
subsection; and
``(ii) publish and maintain such guidelines
on the website of the Maritime Administration.
``(3) Limitations.--The Administrator may not award a grant
under this subsection in an amount that is more than
$12,000,000.
``(4) Required information.--
``(A) In general.--An eligible institution that
desires to receive a grant under this subsection shall
submit to the Administrator a grant proposal that
includes a detailed description of--
``(i) the specific project for which the
grant proposal is submitted, including the
manner in which the grant will be used to
develop, offer, or improve an educational or
career training program that is suited to
maritime industry workers;
``(ii) the extent to which the project for
which the grant proposal is submitted will meet
the educational or career training needs of
maritime workers in the community served by the
eligible institution, particularly any
individuals with a barrier to employment;
``(iii) the extent to which the project for
which the grant proposal is submitted fits
within any overall strategic plan developed by
an eligible community; and
``(iv) a description of the previous
experience of the eligible institution in
providing maritime educational or career
training programs.
``(B) Community outreach required.--In order to be
considered by the Administrator, a grant proposal
submitted by an eligible institution under this
subsection shall--
``(i) demonstrate that the eligible
institution--
``(I) reached out to employers to
identify--
``(aa) any shortcomings in
existing maritime educational
and career training
opportunities available to
workers in the community; and
``(bb) any future
employment opportunities within
the community and the
educational and career training
skills required for workers to
meet the future maritime
employment demand; and
``(II) reached out to other
similarly situated entities in an
effort to benefit from any best
practices that may be shared with
respect to providing maritime
educational or career training programs
to workers eligible for training; and
``(ii) include a detailed description of--
``(I) the extent and outcome of the
outreach conducted under clause (i);
``(II) the extent to which the
project for which the grant proposal is
submitted will contribute to meeting
any shortcomings identified under
clause (i)(I)(aa) or any maritime
educational or career training needs
identified under clause (i)(I)(bb); and
``(III) the extent to which
employers, including small- and medium-
sized firms within the community, have
demonstrated a commitment to employing
workers who would benefit from the
project for which the grant proposal is
submitted.
``(5) Criteria for award of grants.--
``(A) In general.--Subject to the appropriation of
funds, the Administrator shall award a grant under this
subsection based on--
``(i) a determination of the merits of the
grant proposal submitted by the eligible
institution to develop, offer, or improve
maritime educational or career training
programs to be made available to workers;
``(ii) an evaluation of the likely
employment opportunities available to workers
who complete a maritime educational or career
training program that the eligible institution
proposes to develop, offer, or improve;
``(iii) an evaluation of prior demand for
training programs by workers in the community
served by the eligible institution, as well as
the availability and capacity of existing
maritime training programs to meet future
demand for training programs;
``(iv) any prior designation of an
institution as a Center of Excellence for
Domestic Maritime Workforce Training and
Education; and
``(v) an evaluation of the previous
experience of the eligible institution in
providing maritime educational or career
training programs.
``(B) Matching requirements.--A grant awarded under
this subsection may not be used to satisfy any private
matching requirement under any other provision of law.
``(6) Competitive awards.--
``(A) In general.--The Administrator shall award
grants under this subsection to eligible institutions
on a competitive basis in accordance with guidelines
and requirements established by the Administrator under
paragraph (2)(B).
``(B) Timing of grant notice.--The Administrator
shall post a Notice of Funding Opportunity regarding
grants awarded under this subsection not more than 90
days after the date of enactment of the appropriations
Act for the fiscal year concerned.
``(C) Timing of grants.--The Administrator shall
award grants under this subsection not later than 270
days after the date of enactment of the appropriations
Act for the fiscal year concerned.
``(D) Application of requirements.--The
requirements under subparagraphs (B) and (C) shall not
apply until the guidelines required under paragraph
(2)(B) have been promulgated.
``(E) Reuse of unexpended grant funds.--
Notwithstanding subparagraph (C), amounts awarded as a
grant under this subsection that are not expended by
the grantee shall remain available to the Administrator
for use for grants under this subsection.
``(F) Administrative costs.--Not more than 3
percent of amounts made available to carry out this
subsection may be used for the necessary costs of grant
administration.
``(7) Eligible uses of grant funds.--An eligible
institution receiving a grant under this subsection--
``(A) shall carry out activities that are
identified as priorities for the purpose of developing,
offering, or improving educational or career training
programs for the United States maritime industry
workforce;
``(B) shall provide training to upgrade the skills
of the United States maritime industry workforce,
including training to acquire covered requirements as
well as technical skills training for jobs in the
United States maritime industry; and
``(C) may use the grant funds to--
``(i) admit additional students to maritime
training programs;
``(ii) develop, establish, and annually
update viable training capacity, courses and
mechanisms to rapidly upgrade skills and
perform assessments of merchant mariners during
time of war or national emergency and to
increase credentials for domestic or defense
needs where training can decrease the gap in
the numbers of qualified mariners for sealift;
``(iii) provide services to upgrade the
skills of United States offshore wind marine
service workers who transport, install,
operate, or maintain offshore wind components
and turbines, including training, curriculum,
and career pathway development, on-the-job
training, safety, and health training, and
classroom training;
``(iv) expand existing or create new
maritime training programs, including through
partnerships and memoranda of understanding
with 4-year institutions of higher education,
labor organizations, apprenticeships with the
United States maritime industry, or with 1 or
more employers in the maritime industry;
``(v) create new maritime career pathways;
``(vi) expand existing or create new
training programs for transitioning military
veterans to careers in the United States
maritime industry;
``(vii) expand existing or create new
training programs that address the needs of
individuals with a barrier to employment, as
determined by the Secretary in consultation
with the Secretary of Labor, in the United
States maritime industry;
``(viii) purchase, construct, develop,
expand, or improve training facilities,
buildings, and equipment to deliver maritime
training programs;
``(ix) recruit and train additional faculty
to expand the maritime training programs
offered by the eligible institution;
``(x) provide financial assistance through
scholarships or tuition waivers, not to exceed
the applicable tuition expenses associated with
the covered programs;
``(xi) promote the use of distance learning
that enables students to take courses through
the use of teleconferencing, the Internet, and
other media technology;
``(xii) assist in providing services to
address maritime workforce recruitment and
training of youth residing in targeted high-
poverty areas within empowerment zones and
enterprise communities;
``(xiii) implement partnerships with
national and regional organizations with
special expertise in developing, organizing,
and administering maritime workforce
recruitment and training services;
``(xiv) carry out customized training in
conjunction with an existing registered
apprenticeship program or pre-apprenticeship
program, paid internship, or joint labor-
management partnership;
``(xv) carry out customized training in
conjunction with an existing registered
apprenticeship program or pre-apprenticeship
program, paid internship, or joint labor-
management partnership;
``(xvi) design, develop, and test an array
of approaches to providing recruitment,
training, or retention services, to enhance
diversity, equity and inclusion in the United
States maritime industry workforce;
``(xvii) in conjunction with employers,
organized labor, other groups (such as
community coalitions), and Federal, State, or
local agencies, design, develop, and test
various training approaches in order to
determine effective practices; or
``(xviii) assist in the development and
replication of effective service delivery
strategies for the United States maritime
industry as a whole.
``(8) Public report.--Not later than December 15 in each of
the calendar years 2023 through 2025, the Administrator shall
make available on a publicly available website a report and
provide a briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives--
``(A) describing each grant awarded under this
subsection during the preceding fiscal year;
``(B) assessing the impact of each award of a grant
under this subsection in a fiscal year preceding the
fiscal year referred to in subparagraph (A) on workers
receiving training; and
``(C) describing the performance of the grant
awarded with respect to the indicators of performance
under section 116(b)(2)(A)(i) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i)).
``(9) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $60,000,000 for
each of the fiscal years 2022 through 2026.''.
SEC. 9. PREPARING THE MARITIME WORKFORCE FOR LOW AND ZERO EMISSION
VESSELS.
(a) Development of Strategy.--The Secretary of Transportation, in
consultation with the United States Merchant Marine Academy, State
maritime academies, and civilian nautical schools and the Secretary of
the department in which the Coast Guard is operating, shall develop a
strategy to ensure there is an adequate supply of trained United States
citizen mariners sufficient to meet the operational requirements of low
and zero emission vessels.
(b) Report.--Not later than 6 months after the date the Secretary
of Transportation determines that there is commercially viable
technology for low and zero emission vessels, the Secretary of
Transportation shall--
(1) submit a report on the strategy developed under
subsection (a) and plans for its implementation to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives; and
(2) make such report publicly available.
SEC. 10. NAVAL TECHNOLOGY TRANSFER FOR QUIETING FEDERAL NON-COMBATANT
VESSELS.
(a) In General.--The Secretary of Defense, in consultation with the
Administrator of the National Oceanic and Atmospheric Administration,
the Administrator of the Maritime Administration, and the Secretary of
the department in which the Coast Guard is operating, shall, not later
than 18 months after the date of enactment of this Act, submit a report
to the committees identified under subsection (b) and publish an
unclassified report--
(1) identifying existing, at the time of submission, non-
classified naval technologies that reduce underwater noise; and
(2) evaluating the effectiveness and feasibility of
incorporating such technologies in the design, procurement, and
construction of non-combatant vessels of the United States.
(b) Committees.--The report under subsection (a) shall be submitted
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Defense for carrying out this section,
$100,000 for fiscal year 2022, to remain available until expended.
SEC. 11. STUDY EXAMINING THE IMPACT OF STORMWATER RUNOFF AND TIRES NEAR
PORTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the National Oceanic and Atmospheric
Administration, in concert with the Secretary of Transportation and the
Administrator of the Environmental Protection Agency, shall commence a
study that--
(1) examines the existing science on tire-related chemicals
in stormwater runoff at ports and associated transportation
infrastructure and the impacts of such chemicals on Pacific
salmon and steelhead;
(2) examines the challenges of studying tire-related
chemicals in stormwater runoff at ports and associated
transportation infrastructure and the impacts of such chemicals
on Pacific salmon and steelhead;
(3) provides recommendations for improving monitoring of
stormwater and research related to run-off for tire-related
chemicals and the impacts of such chemicals on Pacific salmon
and steelhead at ports and associated transportation
infrastructure near ports; and
(4) provides recommendations based on the best available
science on relevant management approaches at ports and
associated transportation infrastructure under their respective
jurisdictions.
(b) Submission of Study.--Not later than 18 months after commencing
the study under subsection (a), the Administrator of the National
Oceanic and Atmospheric Administration, in concert with the Secretary
of Transportation and the Administrator of the Environmental Protection
Agency, shall--
(1) submit the study to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, including detailing any findings from the
study; and
(2) make such study publicly available.
SEC. 12. STRATEGIC SEAPORTS.
Section 50302(c)(6) of title 46, United States Code, is amended by
adding at the end the following:
``(C) Infrastructure improvements identified in the
report on strategic seaports.--In selecting projects
described in paragraph (3) for funding under this
subsection, the secretary shall consider infrastructure
improvements identified in the report on strategic
seaports required by section 3515 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1985) that would improve the
commercial operations of those seaports.''.
SEC. 13. IMPROVING PROTECTIONS FOR MIDSHIPMEN ACT.
(a) Short Title.--This section may be cited as the ``Improving
Protections for Midshipmen Act''.
(b) Suspension or Revocation of Merchant Mariner Credentials for
Perpetrators of Sexual Harassment or Sexual Assault.--
(1) In general.--Chapter 77 of title 46, United States
Code, is amended by inserting after section 7704 the following:
``SEC. 7704A. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR
SUSPENSION OR REVOCATION.
``(a) Sexual Harassment.--If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or
merchant mariner's document issued under this part within 10 years
before the beginning of the suspension and revocation proceedings, is
the subject of a substantiated claim of sexual harassment, then the
license, certificate of registry, or merchant mariner's document shall
be suspended or revoked.
``(b) Sexual Assault.--If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or
merchant mariner's document issued under this part within 20 years
before the beginning of the suspension and revocation proceedings, is
the subject of a substantiated claim of sexual assault, then the
license, certificate of registry, or merchant mariner's document shall
be revoked.
``(c) Substantiated Claim.--
``(1) In general.--The term `substantiated claim' means--
``(A) a finding by any administrative or legal
proceeding that the individual committed sexual
harassment or sexual assault in violation of any
Federal, State, local or Tribal law or regulation; or
``(B) a determination after an investigation by the
Coast Guard that it is more likely than not the
individual committed sexual harassment or sexual
assault as defined in subsection (c).
``(2) Investigation by the coast guard.--An investigation
by the Coast Guard under paragraph (1)(B) shall include
evaluation of the following materials that shall be provided to
the Coast Guard:
``(A) Any inquiry or determination made by the
employer as to whether the individual committed sexual
harassment or sexual assault.
``(B) Upon request, from an employer or former
employer of the individual, any investigative
materials, documents, records, or files in its
possession that are related to the claim of sexual
harassment or sexual assault by the individual.
``(d) Definitions.--
``(1) Sexual harassment.--The term `sexual harassment'
means any of the following:
``(A) Conduct that--
``(i) involves unwelcome sexual advances,
requests for sexual favors, or deliberate or
repeated offensive comments or gestures of a
sexual nature when--
``(I) submission to such conduct is
made either explicitly or implicitly a
term or condition of a person's job,
pay, or career;
``(II) submission to or rejection
of such conduct by a person is used as
a basis for career or employment
decisions affecting that person;
``(III) such conduct has the
purpose or effect of unreasonably
interfering with an individual's work
performance or creates an intimidating,
hostile, or offensive working
environment; or
``(IV) conduct may have been by a
person's supervisor, a supervisor in
another area, a co-worker, or another
credentialed mariner; and
``(ii) is so severe or pervasive that a
reasonable person would perceive, and the
victim does perceive, the environment as
hostile or offensive.
``(B) Any use or condonation, by any person in a
supervisory or command position, of any form of sexual
behavior to control, influence, or affect the career,
pay, or job of a subordinate.
``(C) Any deliberate or repeated unwelcome verbal
comment or gesture of a sexual nature by any fellow
employee of the complainant.
``(2) Sexual assault.--The term `sexual assault' means any
form of abuse or contact as defined in chapter 109A of title
18, United States Code.
``(e) Regulations.--The Secretary of the department in which the
Coast Guard is operating may issue further regulations as necessary to
update the definitions in this section, consistent with descriptions of
sexual harassment and sexual assault addressed in title 10 and title
18, United States Code, and any other relevant Federal laws, to
implement subsection (a) of this section.''.
(2) Clerical amendment.--The table of sections of chapter
77 of title 46, United States Code, is amended by inserting
after the item relating to section 7704 the following:
``7704a. Sexual harassment or sexual assault as grounds for suspension
or revocation.''.
(c) Supporting the United States Merchant Marine Academy.--
(1) In general.--Chapter 513 of title 46, United States
Code, is amended by adding at the end the following:
``SEC. 51323. SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION
INFORMATION MANAGEMENT SYSTEM.
``(a) Information Management System.--
``(1) In general.--Not later than January 1, 2023, the
Maritime Administrator shall establish an information
management system to track and maintain, in such a manner that
patterns can be reasonably identified, information regarding
claims and incidents involving cadets that are reportable
pursuant to subsection (d) of section 51318 of this chapter.
``(2) Information maintained in the system.--Information
maintained in the system shall include the following
information, to the extent that information is available:
``(A) The overall number of sexual assault or
sexual harassment incidents per fiscal year.
``(B) The location of each such incident, including
vessel name and the name of the company operating the
vessel, if applicable.
``(C) The names and ranks of the individuals
involved in each such incident.
``(D) The general nature of each such incident, to
include copies of any associated reports completed on
the incidents.
``(E) The type of inquiry made into each such
incident.
``(F) A determination as to whether each such
incident is substantiated.
``(G) Any informal and formal accountability
measures taken for misconduct related to the incident,
including decisions on whether to prosecute the case.
``(3) Past information included.--The information
management system under this section shall include the relevant
data listed in this subsection related to sexual assault and
sexual harassment that the Maritime Administrator possesses,
and shall not be limited to data collected after January 1,
2023.
``(4) Privacy protections.--The Maritime Administrator and
the Department of Transportation Chief Information Officer
shall coordinate to ensure that the information management
system under this section shall be established and maintained
in a secure fashion to ensure the protection of the privacy of
any individuals whose information is entered in such system.
``(5) Cybersecurity audit.--Ninety days after the
implementation of the information management system, the Office
of Inspector General of the Department of Transportation shall
commence an audit of the cybersecurity of the system and shall
submit a report containing the results of that audit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
``(b) Sea Year Program.--The Maritime Administrator shall provide
for the establishment of in-person and virtual confidential exit
interviews, to be conducted by personnel who are not involved in the
assignment of the midshipmen to a Sea Year vessel, for midshipmen from
the Academy upon completion of Sea Year and following completion by the
midshipmen of the survey under section 51322(d).
``SEC. 51324. STUDENT ADVISORY BOARD AT THE UNITED STATES MERCHANT
MARINE ACADEMY.
``(a) In General.--The Administrator of the Maritime Administration
shall establish at the United States Merchant Marine Academy an
advisory board to be known as the Advisory Board to the Secretary of
Transportation (referred to in this section as the `Advisory Board').
``(b) Membership.--The Advisory Board shall be composed of not
fewer than 12 midshipmen of the Merchant Marine Academy who are
enrolled at the Merchant Marine Academy at the time of the appointment,
including not fewer than 3 cadets from each class.
``(c) Appointment; Term.--Midshipmen shall serve on the Advisory
Board pursuant to appointment by the Administrator of the Maritime
Administration. Appointments shall be made not later than 60 days after
the date of the swearing in of a new class of midshipmen at the
Academy. The term of membership of a midshipmen on the Advisory Board
shall be 1 academic year.
``(d) Reappointment.--The Administrator of the Maritime
Administration may reappoint not more than 6 cadets from the previous
term to serve on the Advisory Board for an additional academic year if
the Administrator determines such reappointment to be in the best
interests of the Merchant Marine Academy.
``(e) Meetings.--The Advisory Board shall meet with the Secretary
of Transportation at least once each academic year to discuss the
activities of the Advisory Board. The Advisory Board shall meet in
person with the Administrator of the Maritime Administration not less
than 2 times each academic year to discuss the activities of the
Advisory Board.
``(f) Duties.--The Advisory Board shall--
``(1) identify health and well-being, diversity, and sexual
assault and harassment challenges and other topics considered
important by the Advisory Board facing midshipmen both at the
Merchant Marine Academy, off campus, and while aboard ships
during Sea Year or other training opportunities;
``(2) discuss and propose possible solutions, including
improvements to culture and leadership development at the
Merchant Marine Academy; and
``(3) periodically, review the efficacy of the program in
section 51323(b), as appropriate, and provide recommendations
to the Maritime Administrator for improvement.
``(g) Working Groups.--The Advisory Board may establish one or more
working groups to assist the Advisory Board in carrying out its duties,
including working groups composed in part of midshipmen at the Merchant
Marine Academy who are not current members of the Advisory Board.
``(h) Reports and Briefings.--The Advisory Board shall regularly
provide the Secretary of Transportation and the Administrator of the
Maritime Administration reports and briefings on the results of its
duties, including recommendations for actions to be taken in light of
such results. Such reports and briefings may be provided in writing, in
person, or both.
``SEC. 51325. SEXUAL ASSAULT ADVISORY COUNCIL.
``(a) Establishment.--The Secretary of Transportation shall
establish a Sexual Assault Advisory Council (in this section referred
to as the `Council').
``(b) Membership.--
``(1) In general.--The Council shall be composed of not
fewer than 8 and not more than 14 individuals selected by the
Secretary of Transportation who are alumni that have graduated
within the last 4 years or current midshipmen of the United
States Merchant Marine Academy (including midshipmen or alumni
who were victims of sexual assault and midshipmen or alumni who
were not victims of sexual assault) and governmental and
nongovernmental experts and professionals in the sexual assault
field.
``(2) Experts included.--The Council shall include--
``(A) not less than 1 member who is licensed in the
field of mental health and has prior experience working
as a counselor or therapist providing mental health
care to survivors of sexual assault in a victim
services agency or organization; and
``(B) not less than 1 member who has prior
experience developing or implementing sexual assault or
sexual assault prevention and response policies in an
academic setting.
``(3) Rules regarding membership.--No employee of the
Department of Transportation shall be a member of the Council.
The number of governmental experts appointed to the Council
shall not exceed the number of nongovernmental experts.
``(c) Duties; Authorized Activities.--
``(1) In general.--The Council shall meet not less often
than semi-annually to--
``(A) review--
``(i) the policies on sexual harassment,
dating violence, domestic violence, sexual
assault, and stalking under section 51318 of
this title; and
``(ii) related matters the Council views as
appropriate; and
``(B) develop recommendations designed to ensure
that such policies and such matters conform, to the
extent practicable, to best practices in the field of
sexual assault and sexual harassment response and
prevention.
``(2) Authorized activities.--To carry out this subsection,
the Council may--
``(A) conduct case reviews, as appropriate and only
with the consent of the victim of sexual assault or
harassment;
``(B) interview current and former midshipmen of
the United States Merchant Marine Academy (to the
extent that such midshipmen provide the Department of
Transportation express consent to be interviewed by the
Council); and
``(C) review--
``(i) exit interviews under section
51323(b) and surveys under section 51322(d);
``(ii) data collected from restricted
reporting; and
``(iii) any other information necessary to
conduct such case reviews.
``(3) Personally identifiable information.--In carrying out
this subsection, the Council shall comply with the obligations
of the Department of Transportation to protect personally
identifiable information.
``(d) Reports.--On an annual basis for each of the 5 years after
the date of enactment of this section, and at the discretion of the
Council thereafter, the Council shall submit, to the President and the
Committee on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives, a report on the Council's findings based on the
reviews conducted pursuant to subsection (c) and related
recommendations.
``(e) Employee Status.--Members of the Council shall not be
considered employees of the United States Government for any purpose
and shall not receive compensation other than reimbursement of travel
expenses and per diem allowance in accordance with section 5703 of
title 5.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Council.
``SEC. 51326. DIVERSITY AND INCLUSION ACTION PLAN.
``(a) In General.--Not later than January 1, 2023, the Maritime
Administrator shall issue a Diversity and Inclusion Action Plan for the
United States Merchant Marine Academy (referred to in this section as
the `Plan') and make the Plan publicly available.
``(b) Contents of Diversity and Inclusion Action Plan; Surveys.--
``(1) In general.--The Plan shall--
``(A) contain a description of how the United
States Merchant Marine Academy will increase recruiting
efforts in historically underrepresented communities,
including through partnerships with historically Black
colleges and universities and maritime centers of
excellence designated under section 51706;
``(B) develop and make available resources to--
``(i) establish responsibilities for
midshipmen, faculty, and staff of the Academy
with respect to diversity and inclusion;
``(ii) create standards of--
``(I) training that require
interpersonal dialogue on diversity and
inclusion;
``(II) setting behavioral
boundaries with others; and
``(III) specific processes for the
reporting and documentation of
misconduct related to hazing, bullying,
hate, and harassment;
``(iii) hold leaders and other individuals
at the Academy accountable for violations of
such standards;
``(iv) equip midshipmen, faculty, and staff
of the Academy with the resources and materials
to promote a diverse and inclusive working
environment; and
``(v) address how concepts of diversity and
inclusion can be integrated into the curriculum
and training of the Academy.
``(2) Surveys.--The Maritime Administrator shall--
``(A) require a biannual survey of midshipmen,
faculty, and staff of the Academy assessing--
``(i) the inclusiveness of the environment
of the Academy; and
``(ii) the effectiveness of the Plan; and
``(B) require an annual survey of faculty and staff
of the Academy assessing the inclusiveness of the
environment of the Sea Year program.''.
(2) Report to congress.--Not later than 30 days after the
date of enactment of this section, the Maritime Administrator
shall provide Congress with a briefing on the resources
necessary to properly implement this section.
(3) Conforming amendments.--The chapter analysis for
chapter 513 of title 46, United States Code, is amended by
adding at the end the following:
``51323. Sexual assault and sexual harassment prevention information
management system.
``51324. Student advisory board at the United States Merchant Marine
Academy.
``51325. Sexual assault advisory council.
``51326. Diversity and inclusion action plan.''.
(4) United states merchant marine academy student support
plan.--
(A) Student support plan.--Not later than January
1, 2023, the Maritime Administrator shall issue a
Student Support Plan for the United States Merchant
Marine Academy, in consultation with relevant mental
health professionals in the Federal Government or
experienced with the maritime industry or related
industries. Such plan shall--
(i) address the mental health resources
available to midshipmen, both on-campus and
during Sea Year;
(ii) establish a tracking system for
suicidal ideations and suicide attempts of
midshipmen;
(iii) create an option for midshipmen to
obtain assistance from a professional care
provider virtually; and
(iv) require an annual survey of faculty
and staff assessing the adequacy of mental
health resources for midshipmen of the Academy,
both on campus and during Sea Year.
(B) Report to congress.--Not later than 30 days
after the date of enactment of this Act, the Maritime
Administrator shall provide Congress with a report on
the resources necessary to properly implement this
paragraph.
(d) Special Victims Advisor.--Section 51319 of title 46, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Special Victims Advisor.--
``(1) In general.--The Secretary shall designate an
attorney (to be known as the `Special Victims Advisor') for the
purpose of providing legal assistance to any cadet of the
Academy who is the victim of an alleged sex-related offense
regarding administrative and criminal proceedings related to
such offense, regardless of whether the report of that offense
is restricted or unrestricted.
``(2) Special victims advisory.--The Secretary shall ensure
that the attorney designated as the Special Victims Advisor has
knowledge of Uniform Code of Military Justice procedures, as
well as criminal and civil law.
``(3) Privileged communications.--Any communications
between a victim of an alleged sex-related offense and the
Special Victim Advisor, when acting in their capacity as such,
shall have the same protection that applicable law provides for
confidential attorney-client communications.''; and
(3) by adding at the end the following:
``(e) Unfilled Vacancies.--The Administrator of the Maritime
Administration may appoint qualified candidates to positions under
subsection (a) and (c) of this section without regard to sections 3309
through 3319 of title 5, United States Code.''.
(e) Catch a Serial Offender Assessment.--
(1) Assessment.--Not later than one year after the date of
enactment of this Act, the Commandant of the Coast Guard, in
coordination with the Maritime Administrator, shall conduct an
assessment of the feasibility and process necessary, and
appropriate responsible entities to establish a program for the
United States Merchant Marine Academy and United States
Merchant Marine modeled on the Catch a Serial Offender program
of the Department of Defense using the information management
system required under subsection (a) of section 51323 of title
46, United States Code, and the exit interviews under
subsection (b) of such section.
(2) Legislative change proposals.--If, as a result of the
assessment required by paragraph (1), the Commandant or the
Administrator determines they need additional authority to
implement the program described in paragraph (1), the
Commandant or the Administrator, as applicable, shall provide
appropriate legislative change proposals to Congress.
(f) Shipboard Training.--Section 51322(a) of title 46, United
States Code, is amended by adding at the end the following:
``(3) Training.--
``(A) In general.--As part of training that shall
be provided not less than semi-annually to all
midshipmen of the Academy, pursuant to section 51318,
the Maritime Administrator shall develop and implement
comprehensive in-person sexual assault risk-reduction
and response training that, to the extent practicable,
conforms to best practices in the sexual assault
prevention and response field and includes appropriate
scenario-based training.
``(B) Development and consultation with experts.--
In developing the sexual assault risk-reduction and
response training under subparagraph (A), the Maritime
Administrator shall consult with and incorporate, as
appropriate, the recommendations and views of experts
in the sexual assault field.''.
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