,,ii #aagth ,,congress #ast ,session ,s4 #cbgj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bi1 #bjba,ms4 ,cantwell 7for herself and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to reauthorize the ,maritime ,administration1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,maritime ,administration ,reauthorization ,act of #bjbb4 #b4 ,authorization of the maritime administration ,there are authorized to be appropriated to the ,department of ,transportation for fiscal year #bjbb1 for programs associated with maintaining the ,united ,states ,merchant ,marine1 the following amounts3 7#a7 ,for expenses necessary to support the ,united ,states ,merchant ,marine ,academy1 #ij1ecb1jjj1 of which-- 7,a7 #he1jcb1jjj1 to remain available until ,september #cj1 #bjbc1 shall be for ,academy operations2 and 7,b7 #e1ejj1jjj1 to remain available until expended1 shall be for facilities maintenance and repair and equipment4 7#b7 ,for expenses necessary for operations1 support1 and training activities for the ,state maritime academies1 #ej1ghj1jjj1 of which-- 7,a7 #b1djj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be for the ,student ,incentive ,program2 7,b7 #f1jjj1jjj1 to remain available until ,september #cj1 #bjbc1 shall be for direct payments for ,state maritime academies2 7,c7 #c1hjj1jjj1 to remain available until expended1 shall be for training ship fuel assistance2 7,d7 #h1jhj1jjj1 to remain available until expended1 shall be for offsetting the costs of training ship sharing2 and 7,e7 #cj1ejj1jjj1 to remain available until expended1 shall be for maintenance and repair1 of ,state maritime academy training vessels4 7#c7 ,for expenses necessary to support the ,national ,security ,multi-,mission ,vessel ,program1 #cae1fjj1jjj1 which shall remain available until expended4 7#d7 ,for expenses necessary to support ,maritime ,administration operations and programs1 #ha1hec1jjj1 of which-- 7,a7 #aj1jjj1jjj1 to remain available until expended1 shall be for the ,maritime ,environmental and ,technical ,assistance program authorized under section #ejcjg of title #df1 ,united ,states ,code2 7,b7 #aa1jjj1jjj1 to remain available until expended1 shall be for the ,marine ,highways ,program1 including to make grants as authorized under section #eefja of title #df1 ,united ,states ,code2 and 7,c7 #fj1hec1jjj1 to remain available until ,september #cj1 #bjbb1 shall be for headquarters operations expenses4 7#e7 ,for expenses necessary for the disposal of vessels in the ,national ,defense ,reserve ,fleet of the ,maritime ,administration1 #aj1jjj1jjj1 which shall remain available until expended4 7#f7 ,for expenses necessary to maintain and preserve a ,united ,states-flag merchant fleet to serve the national security needs of the ,united ,states1 as authorized under chapter #eca of title #df1 ,united ,states ,code1 #cah1jjj1jjj1 which shall remain available until expended4 7#g7 ,for expenses necessary for the loan guarantee program authorized under chapter #ecg of title #df1 ,united ,states ,code1 #cc1jjj1jjj1 of which-- 7,a7 #cj1jjj1jjj1 to remain available until expended1 shall be for the cost 7as defined in section #ejb7e7 of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a7#e777 of loan guarantees under the program2 and 7,b7 #c1jjj1jjj1 to remain available until expended1 may be used for administrative expenses relating to loan guarantee commitments under the program4 7#h7 ,for expenses necessary to provide for the ,tanker ,security ,fleet1 as authorized under chapter #ecd of title #df1 ,united ,states ,code1 #fj1jjj1jjj1 which shall remain available until expended4 7#i7 ,for expenses necessary to provide assistance to small shipyards and for maritime training programs authorized under section #edaja of title #df1 ,united ,states ,code1 #dj1jjj1jjj1 which shall remain available until expended4 7#aj7 ,for expenses necessary to implement the ,port and ,intermodal ,improvement ,program1 #gej1jjj1jjj1 to remain available until expended1 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 control1 if the ,secretary determines such equipment would result in a net loss of jobs within a port of port terminal4 #c4 ,expanding the maritime environmental and technical assistance program 7a7 ,maritime environmental and technical assistance program ,from the amount appropriated under section #b7a77;,a71 not more than #fj percent shall be reserved for activities related to technologies that support port and vessel air emissions reductions and to support zero emissions technologies1 including identification of new fuel or other power sources4 7b7 ,uses ,section #ejcjg of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,uses ,the results of activities conducted under subsection 7b77#a7 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 ,organization4 4 #d4 ,sustainable port infrastructure 7a7 ,short title ,this section may be cited as the ,sustainable ,port ,infrastructure ,act4 7b7 ,port development ,section #ejcjb7;c7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c77;,a77ii7-- 7,a7 in subclause 7,,ii71 by striking or after the semicolon2 and 7,b7 by adding at the end the following3 7,,iv7 projects that improve the resiliency of ports to address sea-level rise1 flooding1 extreme weather events1 including earthquakes1 hurricanes and tsunami inundation1 including projects for-- 7aa7 port electrification or electrification master planning2 7bb7 harbor craft or equipment replacements_/retrofits2 7cc7 development of port or terminal micro-grids2 7dd7 providing idling reduction infrastructure2 7ee7 purchase of cargo handling equipment and related infrastructure2 7ff7 worker training to support electrification technology2 7gg7 installation of port bunkering facilities from ocean-going vessels for fuels2 7hh7 electric vehicle charge or hydrogen refueling infrastructure for drayage1 and medium or heavy duty trucks and locomotives that service the port and related grid upgrades2 or 7ii7 other related to port activities including charging infrastructure1 electric rubber-tired gantry cranes1 and anti-idling technologies2 or 2 7#b7 in paragraph 7#g77;,b71 by striking #ah percent and inserting #be percent2 and 7#c7 in paragraph 7#aj7-- 7,a7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7,b7 by inserting after subparagraph 7,a7 the following3 7,b7 ,efficient use of non-federal funds 7i7 ,in general ,notwithstanding any other provision of law and subject to approval by the ,secretary1 in the case of any grant for a project under this section1 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-- 7,i7 the grant recipient may obligate and expend non-,federal funds with respect to the project for which the grant is provided2 and 7,,ii7 any non-,federal funds obligated or expended in accordance with subclause 7,i7 shall be credited toward the non-,federal cost share for the project for which the grant is provided4 7ii7 ,requirements 7,i7 ,application ,in order to obligate and expend non-,federal funds under clause 7i71 the grant recipient shall submit to the ,secretary a request to obligate and expend non-,federal funds under that clause1 including-- 7aa7 a description of the activities the grant recipient intends to fund2 7bb7 a justification for advancing the activities described in item 7aa71 including an assessment of the effects to the project scope1 schedule1 and budget if the request is not approved2 and 7cc7 the level of risk of the activities described in item 7aa74 7,,ii7 ,approval ,the ,secretary shall approve or disapprove each request submitted under subclause 7,i74 7,,iii7 ,compliance with applicable requirements ,any non-,federal funds obligated or expended under clause 7i7 shall comply with all applicable requirements1 including any requirements included in the grant agreement4 7iii7 ,effect ,the obligation or expenditure of any non-,federal funds in accordance with this subparagraph shall not-- 7,i7 affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant2 7,,ii7 create an obligation on the part of the ,federal ,government to repay any non-,federal funds if the grant agreement is not signed2 or 7,,iii7 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 7i74 4 #e4 ,elijah cummings ship american act 7a7 ,repeal in ,,map-#ba ,section #ajjabd of the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada7 is repealed1 and the provisions of law that were repealed or amended by that section are reenacted and amended1 respectively1 to read as if such section were not enacted4 7b7 ,repeal in bipartisan budget act of #bjac ,section #fjb of the ,bipartisan ,budget ,act of #bjac 7,public ,law #aac-fg7 is repealed1 and the provisions of law that were repealed or amended by that section are reenacted and amended1 respectively1 to read as of such section were not enacted4 7c7 ,transportation requirements for certain exports sponsored by the secretary of agriculture ,subsection 7a77#a7 of section #eecad of title #df1 ,united ,states ,code1 as reenacted by this section1 is amended by striking #be percent and inserting #ge percent4 7d7 ,financing the transportation of agricultural commodities ,section #eecaf7;a7 of title #df1 ,united ,states ,code1 as reenacted by this section1 is amended by inserting or from the application of section #eecje of this title1 requiring transportation on privately-owned commercial vessels of the ,united ,states for #ajj percent of the gross tonnage of certain equipment1 materials1 or commodities before the period4 7e7 ,cargoes procured1 furnished1 or financed by the united states government ,section #eecje7;b7 of title #df1 ,united ,states ,code1 is amended by striking #ej and inserting #ge4 #f4 ,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 infrastructure1 and the men and women of the ,united ,states ,merchant ,marine are essential workers4 #g4 ,ensuring diverse mariner recruitment ,not later than #f months after the date of enactment of this ,act1 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 workforce1 including-- 7#a7 ,black or ,african ,american2 7#b7 ,hispanic or ,latino2 7#c7 ,asian2 7#d7 ,american ,indians1 ,alaska ,native1 or ,native ,hawaiians2 or 7#e7 ,pacific ,islander4 #h4 ,maritime ,technological ,advancement ,act of #bjba 7a7 ,short title ,this section may be cited as the ,maritime ,technological ,advancement ,act of #bjba4 7b7 ,centers of excellence for domestic maritime workforce ,section #eagjf of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking of ,transportation2 7#b7 in subsection 7b71 in the subsection heading1 by striking ,assistance and inserting ,cooperative ,agreements2 7#c7 by redesignating subsection 7c7 as subsection 7d72 7#d7 in subsection 7d71 as redesignated by paragraph 7#b71 by adding at the end the following3 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 2 and 7#e7 by inserting after subsection 7b7 the following3 7c7 ,grant program 7#a7 ,definitions ,in this subsection3 7,a7 ,administrator ,the term ,administrator means the ,administrator of the ,maritime ,administration4 7,b7 ,eligible institution ,the term eligible institution means an institution that has a demonstrated record of success in training and is-- 7i7 a postsecondary educational institution 7as such term is defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb77 that offers a #b-year program of study or a #a-year program of training2 7ii7 a postsecondary vocational institution1 as defined under title #fjj4f of title #cd1 ,code of ,federal ,regulations1 or similar successor regulation2 or 7iii7 another structured experiential learning training program for ,american workers in the ,united ,states maritime industry1 including a program offered by a labor organization or conducted in partnerships with a nonprofit organization or #a or more employers in the maritime industry4 7,c7 ,united states maritime industry ,the term ,united ,states maritime industry means all segments of the maritime-related transportation system of the ,united ,states1 both in domestic and foreign trade1 and in coastal1 offshore1 and inland waters1 as well as non-commercial maritime activities1 such as pleasure boating and marine sciences 7including all scientific research vessels71 and all of the industries that support or depend upon such uses1 including vessel construction and repair1 vessel operations1 ship logistics supply1 berthing1 port operations1 port intermodal operations1 marine terminal operations1 vessel design1 marine brokerage1 marine insurance1 marine financing1 chartering1 maritime-oriented supply chain operations1 offshore industry1 offshore wind1 and maritime-oriented research and development4 7#b7 ,grant authorization 7,a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,administrator may award maritime career training grants to eligible institutions for the purpose of developing1 offering1 or improving educational or career training programs for workers in the ,united ,states related to the maritime workforce4 7,b7 ,guidelines ,not later than #a year after the date of enactment of this section1 the ,administrator shall-- 7i7 promulgate guidelines for the submission of grant proposals under this subsection2 and 7ii7 publish and maintain such guidelines on the website of the ,maritime ,administration4 7#c7 ,limitations ,the ,administrator may not award a grant under this subsection in an amount that is more than #ab1jjj1jjj4 7#d7 ,required information 7,a7 ,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-- 7i7 the specific project for which the grant proposal is submitted1 including the manner in which the grant will be used to develop1 offer1 or improve an educational or career training program that is suited to maritime industry workers2 7ii7 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 institution1 particularly any individuals with a barrier to employment2 7iii7 the extent to which the project for which the grant proposal is submitted fits within any overall strategic plan developed by an eligible community2 and 7iv7 a description of the previous experience of the eligible institution in providing maritime educational or career training programs4 7,b7 ,community outreach required ,in order to be considered by the ,administrator1 a grant proposal submitted by an eligible institution under this subsection shall-- 7i7 demonstrate that the eligible institution-- 7,i7 reached out to employers to identify-- 7aa7 any shortcomings in existing maritime educational and career training opportunities available to workers in the community2 and 7bb7 any future employment opportunities within the community and the educational and career training skills required for workers to meet the future maritime employment demand2 and 7,,ii7 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 training2 and 7ii7 include a detailed description of-- 7,i7 the extent and outcome of the outreach conducted under clause 7i72 7,,ii7 the extent to which the project for which the grant proposal is submitted will contribute to meeting any shortcomings identified under clause 7i77,i77aa7 or any maritime educational or career training needs identified under clause 7i77,i77bb72 and 7,,iii7 the extent to which employers1 including small- and medium-sized firms within the community1 have demonstrated a commitment to employing workers who would benefit from the project for which the grant proposal is submitted4 7#e7 ,criteria for award of grants 7,a7 ,in general ,subject to the appropriation of funds1 the ,administrator shall award a grant under this subsection based on-- 7i7 a determination of the merits of the grant proposal submitted by the eligible institution to develop1 offer1 or improve maritime educational or career training programs to be made available to workers2 7ii7 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 develop1 offer1 or improve2 7iii7 an evaluation of prior demand for training programs by workers in the community served by the eligible institution1 as well as the availability and capacity of existing maritime training programs to meet future demand for training programs2 7iv7 any prior designation of an institution as a ,center of ,excellence for ,domestic ,maritime ,workforce ,training and ,education2 and 7v7 an evaluation of the previous experience of the eligible institution in providing maritime educational or career training programs4 7,b7 ,matching requirements ,a grant awarded under this subsection may not be used to satisfy any private matching requirement under any other provision of law4 7#f7 ,competitive awards 7,a7 ,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 7#b77;,b74 7,b7 ,timing of grant notice ,the ,administrator shall post a ,notice of ,funding ,opportunity regarding grants awarded under this subsection not more than #ij days after the date of enactment of the appropriations ,act for the fiscal year concerned4 7,c7 ,timing of grants ,the ,administrator shall award grants under this subsection not later than #bgj days after the date of enactment of the appropriations ,act for the fiscal year concerned4 7,d7 ,application of requirements ,the requirements under subparagraphs 7,b7 and 7,c7 shall not apply until the guidelines required under paragraph 7#b77;,b7 have been promulgated4 7,e7 ,reuse of unexpended grant funds ,notwithstanding subparagraph 7,c71 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 subsection4 7,f7 ,administrative costs ,not more than #c percent of amounts made available to carry out this subsection may be used for the necessary costs of grant administration4 7#g7 ,eligible uses of grant funds ,an eligible institution receiving a grant under this subsection-- 7,a7 shall carry out activities that are identified as priorities for the purpose of developing1 offering1 or improving educational or career training programs for the ,united ,states maritime industry workforce2 7,b7 shall provide training to upgrade the skills of the ,united ,states maritime industry workforce1 including training to acquire covered requirements as well as technical skills training for jobs in the ,united ,states maritime industry2 and 7,c7 may use the grant funds to-- 7i7 admit additional students to maritime training programs2 7ii7 develop1 establish1 and annually update viable training capacity1 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 sealift2 7iii7 provide services to upgrade the skills of ,united ,states offshore wind marine service workers who transport1 install1 operate1 or maintain offshore wind components and turbines1 including training1 curriculum1 and career pathway development1 on-the-job training1 safety1 and health training1 and classroom training2 7iv7 expand existing or create new maritime training programs1 including through partnerships and memoranda of understanding with #d-year institutions of higher education1 labor organizations1 apprenticeships with the ,united ,states maritime industry1 or with #a or more employers in the maritime industry2 7v7 create new maritime career pathways2 7vi7 expand existing or create new training programs for transitioning military veterans to careers in the ,united ,states maritime industry2 7vii7 expand existing or create new training programs that address the needs of individuals with a barrier to employment1 as determined by the ,secretary in consultation with the ,secretary of ,labor1 in the ,united ,states maritime industry2 7viii7 purchase1 construct1 develop1 expand1 or improve training facilities1 buildings1 and equipment to deliver maritime training programs2 7ix7 recruit and train additional faculty to expand the maritime training programs offered by the eligible institution2 7x7 provide financial assistance through scholarships or tuition waivers1 not to exceed the applicable tuition expenses associated with the covered programs2 7xi7 promote the use of distance learning that enables students to take courses through the use of teleconferencing1 the ,internet1 and other media technology2 7xii7 assist in providing services to address maritime workforce recruitment and training of youth residing in targeted high-poverty areas within empowerment zones and enterprise communities2 7xiii7 implement partnerships with national and regional organizations with special expertise in developing1 organizing1 and administering maritime workforce recruitment and training services2 7xiv7 carry out customized training in conjunction with an existing registered apprenticeship program or pre-apprenticeship program1 paid internship1 or joint labor-management partnership2 7xv7 carry out customized training in conjunction with an existing registered apprenticeship program or pre-apprenticeship program1 paid internship1 or joint labor-management partnership2 7xvi7 design1 develop1 and test an array of approaches to providing recruitment1 training1 or retention services1 to enhance diversity1 equity and inclusion in the ,united ,states maritime industry workforce2 7xvii7 in conjunction with employers1 organized labor1 other groups 7such as community coalitions71 and ,federal1 ,state1 or local agencies1 design1 develop1 and test various training approaches in order to determine effective practices2 or 7xviii7 assist in the development and replication of effective service delivery strategies for the ,united ,states maritime industry as a whole4 7#h7 ,public report ,not later than ,december #ae in each of the calendar years #bjbc through #bjbe1 the ,administrator shall make available on a publicly available website a report and provide a briefing to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives-- 7,a7 describing each grant awarded under this subsection during the preceding fiscal year2 7,b7 assessing the impact of each award of a grant under this subsection in a fiscal year preceding the fiscal year referred to in subparagraph 7,a7 on workers receiving training2 and 7,c7 describing the performance of the grant awarded with respect to the indicators of performance under section #aaf7;b77#b77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i774 7#i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #fj1jjj1jjj for each of the fiscal years #bjbb through #bjbf4 4 #i4 ,preparing the maritime workforce for low and zero emission vessels 7a7 ,development of strategy ,the ,secretary of ,transportation1 in consultation with the ,united ,states ,merchant ,marine ,academy1 ,state maritime academies1 and civilian nautical schools and the ,secretary of the department in which the ,coast ,guard is operating1 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 vessels4 7b7 ,report ,not later than #f months after the date the ,secretary of ,transportation determines that there is commercially viable technology for low and zero emission vessels1 the ,secretary of ,transportation shall-- 7#a7 submit a report on the strategy developed under subsection 7a7 and plans for its implementation to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7#b7 make such report publicly available4 #aj4 ,naval technology transfer for quieting ,federal non-combatant vessels 7a7 ,in general ,the ,secretary of ,defense1 in consultation with the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 the ,administrator of the ,maritime ,administration1 and the ,secretary of the department in which the ,coast ,guard is operating1 shall1 not later than #ah months after the date of enactment of this ,act1 submit a report to the committees identified under subsection 7b7 and publish an unclassified report-- 7#a7 identifying existing1 at the time of submission1 non-classified naval technologies that reduce underwater noise2 and 7#b7 evaluating the effectiveness and feasibility of incorporating such technologies in the design1 procurement1 and construction of non-combatant vessels of the ,united ,states4 7b7 ,committees ,the report under subsection 7a7 shall be submitted the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,defense for carrying out this section1 #ajj1jjj for fiscal year #bjbb1 to remain available until expended4 #aa4 ,study examining the impact of stormwater runoff and tires near ports 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 in concert with the ,secretary of ,transportation and the ,administrator of the ,environmental ,protection ,agency1 shall commence a study that-- 7#a7 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 steelhead2 7#b7 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 steelhead2 7#c7 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 ports2 and 7#d7 provides recommendations based on the best available science on relevant management approaches at ports and associated transportation infrastructure under their respective jurisdictions4 7b7 ,submission of study ,not later than #ah months after commencing the study under subsection 7a71 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 in concert with the ,secretary of ,transportation and the ,administrator of the ,environmental ,protection ,agency1 shall-- 7#a7 submit the study to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 including detailing any findings from the study2 and 7#b7 make such study publicly available4 #ab4 ,strategic seaports ,section #ejcjb7;c77#f7 of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7,c7 ,infrastructure improvements identified in the report on strategic seaports ,in selecting projects described in paragraph 7#c7 for funding under this subsection1 the secretary shall consider infrastructure improvements identified in the report on strategic seaports required by section #ceae of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib2 #acc ,stat4 #aihe7 that would improve the commercial operations of those seaports4 4 #ac4 ,improving ,protections for ,midshipmen ,act 7a7 ,short title ,this section may be cited as the ,improving ,protections for ,midshipmen ,act4 7b7 ,suspension or revocation of merchant mariner credentials for perpetrators of sexual harassment or sexual assault 7#a7 ,in general ,chapter #gg of title #df1 ,united ,states ,code1 is amended by inserting after section #ggjd the following3 #ggjd;a4 ,sexual harassment or sexual assault as grounds for suspension or revocation 7a7 ,sexual harassment ,if it is shown at a hearing under this chapter that a holder of a license1 certificate of registry1 or merchant mariner's document issued under this part within #aj years before the beginning of the suspension and revocation proceedings1 is the subject of a substantiated claim of sexual harassment1 then the license1 certificate of registry1 or merchant mariner's document shall be suspended or revoked4 7b7 ,sexual assault ,if it is shown at a hearing under this chapter that a holder of a license1 certificate of registry1 or merchant mariner's document issued under this part within #bj years before the beginning of the suspension and revocation proceedings1 is the subject of a substantiated claim of sexual assault1 then the license1 certificate of registry1 or merchant mariner's document shall be revoked4 7c7 ,substantiated claim 7#a7 ,in ,general ,the term substantiated claim means-- 7,a7 a finding by any administrative or legal proceeding that the individual committed sexual harassment or sexual assault in violation of any ,federal1 ,state1 local or ,tribal law or regulation2 or 7,b7 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 7c74 7#b7 ,investigation by the ,coast ,guard ,an investigation by the ,coast ,guard under paragraph 7#a77;,b7 shall include evaluation of the following materials that shall be provided to the ,coast ,guard3 7,a7 ,any inquiry or determination made by the employer as to whether the individual committed sexual harassment or sexual assault4 7,b7 ,upon request1 from an employer or former employer of the individual1 any investigative materials1 documents1 records1 or files in its possession that are related to the claim of sexual harassment or sexual assault by the individual4 7d7 ,definitions 7#a7 ,sexual harassment ,the term sexual harassment means any of the following3 7,a7 ,conduct that-- 7i7 involves unwelcome sexual advances1 requests for sexual favors1 or deliberate or repeated offensive comments or gestures of a sexual nature when-- 7,i7 submission to such conduct is made either explicitly or implicitly a term or condition of a person's job1 pay1 or career2 7,,ii7 submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person2 7,,iii7 such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating1 hostile1 or offensive working environment2 or 7,,iv7 conduct may have been by a person's supervisor1 a supervisor in another area1 a co-worker1 or another credentialed mariner2 and 7ii7 is so severe or pervasive that a reasonable person would perceive1 and the victim does perceive1 the environment as hostile or offensive4 7,b7 ,any use or condonation1 by any person in a supervisory or command position1 of any form of sexual behavior to control1 influence1 or affect the career1 pay1 or job of a subordinate4 7,c7 ,any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any fellow employee of the complainant4 7#b7 ,sexual assault ,the term sexual assault means any form of abuse or contact as defined in chapter #aji;,a of title #ah1 ,united ,states ,code4 7e7 ,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 section1 consistent with descriptions of sexual harassment and sexual assault addressed in title #aj and title #ah1 ,united ,states ,code1 and any other relevant ,federal laws1 to implement subsection 7a7 of this section4 4 7#b7 ,clerical amendment ,the table of sections of chapter #gg of title #df1 ,united ,states ,code1 is amended by inserting after the item relating to section #ggjd the following3 #ggjd;a4 ,sexual harassment or sexual assault as grounds for suspension or revocation4 4 7c7 ,supporting the ,united ,states ,merchant ,marine ,academy 7#a7 ,in general ,chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacbc4 ,sexual assault and sexual harassment prevention information management system 7a7 ,information management system 7#a7 ,in general ,not later than ,january #a1 #bjbc1 the ,maritime ,administrator shall establish an information management system to track and maintain1 in such a manner that patterns can be reasonably identified1 information regarding claims and incidents involving cadets that are reportable pursuant to subsection 7d7 of section #eacah of this chapter4 7#b7 ,information maintained in the system ,information maintained in the system shall include the following information1 to the extent that information is available3 7,a7 ,the overall number of sexual assault or sexual harassment incidents per fiscal year4 7,b7 ,the location of each such incident1 including vessel name and the name of the company operating the vessel1 if applicable4 7,c7 ,the names and ranks of the individuals involved in each such incident4 7,d7 ,the general nature of each such incident1 to include copies of any associated reports completed on the incidents4 7,e7 ,the type of inquiry made into each such incident4 7,f7 ,a determination as to whether each such incident is substantiated4 7,g7 ,any informal and formal accountability measures taken for misconduct related to the incident1 including decisions on whether to prosecute the case4 7#c7 ,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 possesses1 and shall not be limited to data collected after ,january #a1 #bjbc4 7#d7 ,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 system4 7#e7 ,cybersecurity audit ,ninety days after the implementation of the information management system1 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 ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7b7 ,sea year program ,the ,maritime ,administrator shall provide for the establishment of in-person and virtual confidential exit interviews1 to be conducted by personnel who are not involved in the assignment of the midshipmen to a ,sea ,year vessel1 for midshipmen from the ,academy upon completion of ,sea ,year and following completion by the midshipmen of the survey under section #eacbb7;d74 #eacbd4 ,student advisory board at the ,united ,states ,merchant ,marine ,academy 7a7 ,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 7referred to in this section as the ,advisory ,board74 7b7 ,membership ,the ,advisory ,board shall be composed of not fewer than #ab midshipmen of the ,merchant ,marine ,academy who are enrolled at the ,merchant ,marine ,academy at the time of the appointment1 including not fewer than #c cadets from each class4 7c7 ,appointment2 term ,midshipmen shall serve on the ,advisory ,board pursuant to appointment by the ,administrator of the ,maritime ,administration4 ,appointments shall be made not later than #fj days after the date of the swearing in of a new class of midshipmen at the ,academy4 ,the term of membership of a midshipmen on the ,advisory ,board shall be #a academic year4 7d7 ,reappointment ,the ,administrator of the ,maritime ,administration may reappoint not more than #f 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 ,academy4 7e7 ,meetings ,the ,advisory ,board shall meet with the ,secretary of ,transportation at least once each academic year to discuss the activities of the ,advisory ,board4 ,the ,advisory ,board shall meet in person with the ,administrator of the ,maritime ,administration not less than #b times each academic year to discuss the activities of the ,advisory ,board4 7f7 ,duties ,the ,advisory ,board shall-- 7#a7 identify health and well-being1 diversity1 and sexual assault and harassment challenges and other topics considered important by the ,advisory ,board facing midshipmen both at the ,merchant ,marine ,academy1 off campus1 and while aboard ships during ,sea ,year or other training opportunities2 7#b7 discuss and propose possible solutions1 including improvements to culture and leadership development at the ,merchant ,marine ,academy2 and 7#c7 periodically1 review the efficacy of the program in section #eacbc7;b71 as appropriate1 and provide recommendations to the ,maritime ,administrator for improvement4 7g7 ,working groups ,the ,advisory ,board may establish one or more working groups to assist the ,advisory ,board in carrying out its duties1 including working groups composed in part of midshipmen at the ,merchant ,marine ,academy who are not current members of the ,advisory ,board4 7h7 ,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 duties1 including recommendations for actions to be taken in light of such results4 ,such reports and briefings may be provided in writing1 in person1 or both4 #eacbe4 ,sexual assault advisory council 7a7 ,establishment ,the ,secretary of ,transportation shall establish a ,sexual ,assault ,advisory ,council 7in this section referred to as the ,council74 7b7 ,membership 7#a7 ,in ,general ,the ,council shall be composed of not fewer than #h and not more than #ad individuals selected by the ,secretary of ,transportation who are alumni that have graduated within the last #d years or current midshipmen of the ,united ,states ,merchant ,marine ,academy 7including midshipmen or alumni who were victims of sexual assault and midshipmen or alumni who were not victims of sexual assault7 and governmental and nongovernmental experts and professionals in the sexual assault field4 7#b7 ,experts included ,the ,council shall include-- 7,a7 not less than #a 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 organization2 and 7,b7 not less than #a member who has prior experience developing or implementing sexual assault or sexual assault prevention and response policies in an academic setting4 7#c7 ,rules regarding membership ,no employee of the ,department of ,transportation shall be a member of the ,council4 ,the number of governmental experts appointed to the ,council shall not exceed the number of nongovernmental experts4 7c7 ,duties2 authorized activities 7#a7 ,in general ,the ,council shall meet not less often than semi-annually to-- 7,a7 review-- 7i7 the policies on sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking under section #eacah of this title2 and 7ii7 related matters the ,council views as appropriate2 and 7,b7 develop recommendations designed to ensure that such policies and such matters conform1 to the extent practicable1 to best practices in the field of sexual assault and sexual harassment response and prevention4 7#b7 ,authorized activities ,to carry out this subsection1 the ,council may-- 7,a7 conduct case reviews1 as appropriate and only with the consent of the victim of sexual assault or harassment2 7,b7 interview current and former midshipmen of the ,united ,states ,merchant ,marine ,academy 7to the extent that such midshipmen provide the ,department of ,transportation express consent to be interviewed by the ,council72 and 7,c7 review-- 7i7 exit interviews under section #eacbc7;b7 and surveys under section #eacbb7;d72 7ii7 data collected from restricted reporting2 and 7iii7 any other information necessary to conduct such case reviews4 7#c7 ,personally identifiable information ,in carrying out this subsection1 the ,council shall comply with the obligations of the ,department of ,transportation to protect personally identifiable information4 7d7 ,reports ,on an annual basis for each of the #e years after the date of enactment of this section1 and at the discretion of the ,council thereafter1 the ,council shall submit1 to the ,president and the ,committee on ,commerce1 ,science1 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 ,representatives1 a report on the ,council's findings based on the reviews conducted pursuant to subsection 7c7 and related recommendations4 7e7 ,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 #egjc of title #e4 7f7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,council4 #eacbf4 ,diversity and inclusion action plan 7a7 ,in general ,not later than ,january #a1 #bjbc1 the ,maritime ,administrator shall issue a ,diversity and ,inclusion ,action ,plan for the ,united ,states ,merchant ,marine ,academy 7referred to in this section as the ,plan7 and make the ,plan publicly available4 7b7 ,contents of ,diversity and ,inclusion ,action ,plan2 ,surveys 7#a7 ,in ,general ,the ,plan shall-- 7,a7 contain a description of how the ,united ,states ,merchant ,marine ,academy will increase recruiting efforts in historically underrepresented communities1 including through partnerships with historically ,black colleges and universities and maritime centers of excellence designated under section #eagjf2 7,b7 develop and make available resources to-- 7i7 establish responsibilities for midshipmen1 faculty1 and staff of the ,academy with respect to diversity and inclusion2 7ii7 create standards of-- 7,i7 training that require interpersonal dialogue on diversity and inclusion2 7,,ii7 setting behavioral boundaries with others2 and 7,,iii7 specific processes for the reporting and documentation of misconduct related to hazing1 bullying1 hate1 and harassment2 7iii7 hold leaders and other individuals at the ,academy accountable for violations of such standards2 7iv7 equip midshipmen1 faculty1 and staff of the ,academy with the resources and materials to promote a diverse and inclusive working environment2 and 7v7 address how concepts of diversity and inclusion can be integrated into the curriculum and training of the ,academy4 7#b7 ,surveys ,the ,maritime ,administrator shall-- 7,a7 require a biannual survey of midshipmen1 faculty1 and staff of the ,academy assessing-- 7i7 the inclusiveness of the environment of the ,academy2 and 7ii7 the effectiveness of the ,plan2 and 7,b7 require an annual survey of faculty and staff of the ,academy assessing the inclusiveness of the environment of the ,sea ,year program4 4 7#b7 ,report to ,congress ,not later than #cj days after the date of enactment of this section1 the ,maritime ,administrator shall provide ,congress with a briefing on the resources necessary to properly implement this section4 7#c7 ,conforming amendments ,the chapter analysis for chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacbc4 ,sexual assault and sexual harassment prevention information management system4 #eacbd4 ,student advisory board at the ,united ,states ,merchant ,marine ,academy4 #eacbe4 ,sexual assault advisory council4 #eacbf4 ,diversity and inclusion action plan4 4 7#d7 ,united ,states ,merchant ,marine ,academy student support plan 7,a7 ,student support plan ,not later than ,january #a1 #bjbc1 the ,maritime ,administrator shall issue a ,student ,support ,plan for the ,united ,states ,merchant ,marine ,academy1 in consultation with relevant mental health professionals in the ,federal ,government or experienced with the maritime industry or related industries4 ,such plan shall-- 7i7 address the mental health resources available to midshipmen1 both on-campus and during ,sea ,year2 7ii7 establish a tracking system for suicidal ideations and suicide attempts of midshipmen2 7iii7 create an option for midshipmen to obtain assistance from a professional care provider virtually2 and 7iv7 require an annual survey of faculty and staff assessing the adequacy of mental health resources for midshipmen of the ,academy1 both on campus and during ,sea ,year4 7,b7 ,report to ,congress ,not later than #cj days after the date of enactment of this ,act1 the ,maritime ,administrator shall provide ,congress with a report on the resources necessary to properly implement this paragraph4 7d7 ,special victims advisor ,section #eacai of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,special victims advisor 7#a7 ,in ,general ,the ,secretary shall designate an attorney 7to be known as the ,special ,victims ,advisor7 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 offense1 regardless of whether the report of that offense is restricted or unrestricted4 7#b7 ,special ,victims ,advisory ,the ,secretary shall ensure that the attorney designated as the ,special ,victims ,advisor has knowledge of ,uniform ,code of ,military ,justice procedures1 as well as criminal and civil law4 7#c7 ,privileged communications ,any communications between a victim of an alleged sex-related offense and the ,special ,victim ,advisor1 when acting in their capacity as such1 shall have the same protection that applicable law provides for confidential attorney-client communications4 2 and 7#c7 by adding at the end the following3 7e7 ,unfilled vacancies ,the ,administrator of the ,maritime ,administration may appoint qualified candidates to positions under subsection 7a7 and 7c7 of this section without regard to sections #ccji through #ccai of title #e1 ,united ,states ,code4 4 7e7 ,catch a serial offender assessment 7#a7 ,assessment ,not later than one year after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard1 in coordination with the ,maritime ,administrator1 shall conduct an assessment of the feasibility and process necessary1 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 7a7 of section #eacbc of title #df1 ,united ,states ,code1 and the exit interviews under subsection 7b7 of such section4 7#b7 ,legislative change proposals ,if1 as a result of the assessment required by paragraph 7#a71 the ,commandant or the ,administrator determines they need additional authority to implement the program described in paragraph 7#a71 the ,commandant or the ,administrator1 as applicable1 shall provide appropriate legislative change proposals to ,congress4 7f7 ,shipboard training ,section #eacbb7;a7 of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,training 7,a7 ,in general ,as part of training that shall be provided not less than semi-annually to all midshipmen of the ,academy1 pursuant to section #eacah1 the ,maritime ,administrator shall develop and implement comprehensive in-person sexual assault risk-reduction and response training that1 to the extent practicable1 conforms to best practices in the sexual assault prevention and response field and includes appropriate scenario-based training4 7,b7 ,development and consultation with experts ,in developing the sexual assault risk-reduction and response training under subparagraph 7,a71 the ,maritime ,administrator shall consult with and incorporate1 as appropriate1 the recommendations and views of experts in the sexual assault field4 4