II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Maritime Administra5 tion Reauthorization Act of 2022’’. 

6 SEC. 2. AUTHORIZATION OF THE MARITIME ADMINISTRA7 TION. 

8 There are authorized to be appropriated to the De9 partment of Transportation for fiscal year 2022, for proVerDate Sep 11 2014 01:14 Dec 07, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.IS S3270

pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 3270 IS

1 grams associated with maintaining the United States Mer2 chant Marine, the following amounts: 

3 (1) For expenses necessary to support the 

4 United States Merchant Marine Academy, 

5 $90,532,000, of which— 

6 (A) $85,032,000, to remain available until 

7 September 30, 2023, shall be for Academy op8 erations; and 

9 (B) $5,500,000, to remain available until 

10 expended, shall be for facilities maintenance 

11 and repair and equipment. 

12 (2) For expenses necessary for operations, sup13 port, and training activities for the State maritime 

14 academies, $50,780,000, of which— 

15 (A) $2,400,000, to remain available until 

16 September 30, 2026, shall be for the Student 

17 Incentive Program; 

18 (B) $6,000,000, to remain available until 

19 September 30, 2023, shall be for direct pay20 ments for State maritime academies; 

21 (C) $3,800,000, to remain available until 

22 expended, shall be for training ship fuel assist23 ance; 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 3270 IS

1 (D) $8,080,000, to remain available until 

2 expended, shall be for offsetting the costs of 

3 training ship sharing; and 

4 (E) $30,500,000, to remain available until 

5 expended, shall be for maintenance and repair, 

6 of State maritime academy training vessels. 

7 (3) For expenses necessary to support the Na8 tional Security Multi-Mission Vessel Program, 

9 $315,600,000, which shall remain available until ex10 pended. 

11 (4) For expenses necessary to support Maritime 

12 Administration operations and programs, 

13 $81,853,000, of which— 

14 (A) $10,000,000, to remain available until 

15 expended, shall be for the Maritime Environ16 mental and Technical Assistance program au17 thorized under section 50307 of title 46, United 

18 States Code; 

19 (B) $11,000,000, to remain available until 

20 expended, shall be for the Marine Highways 

21 Program, including to make grants as author22 ized under section 55601 of title 46, United 

23 States Code; and 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 3270 IS

1 (C) $60,853,000, to remain available until 

2 September 30, 2022, shall be for headquarters 

3 operations expenses. 

4 (5) For expenses necessary for the disposal of 

5 vessels in the National Defense Reserve Fleet of the 

6 Maritime Administration, $10,000,000, which shall 

7 remain available until expended. 

8 (6) For expenses necessary to maintain and 

9 preserve a United States-flag merchant fleet to serve 

10 the national security needs of the United States, as 

11 authorized under chapter 531 of title 46, United 

12 States Code, $318,000,000, which shall remain 

13 available until expended. 

14 (7) For expenses necessary for the loan guar15 antee program authorized under chapter 537 of title 

16 46, United States Code, $33,000,000, of which— 

17 (A) $30,000,000, to remain available until 

18 expended, shall be for the cost (as defined in 

19 section 502(5) of the Federal Credit Reform 

20 Act of 1990 (2 U.S.C. 661a(5))) of loan guar21 antees under the program; and 

22 (B) $3,000,000, to remain available until 

23 expended, may be used for administrative ex24 penses relating to loan guarantee commitments 

25 under the program. 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 3270 IS

1 (8) For expenses necessary to provide for the 

2 Tanker Security Fleet, as authorized under chapter 

3 534 of title 46, United States Code, $60,000,000, 

4 which shall remain available until expended. 

5 (9) For expenses necessary to provide assist6 ance to small shipyards and for maritime training 

7 programs authorized under section 54101 of title 46, 

8 United States Code, $40,000,000, which shall re9 main available until expended. 

10 (10) For expenses necessary to implement the 

11 Port and Intermodal Improvement Program, 

12 $750,000,000, to remain available until expended, 

13 except that no such funds may be used to provide 

14 a grant to purchase fully automated cargo handling 

15 equipment that is remotely operated or remotely 

16 monitored with or without the exercise of human 

17 intervention or control, if the Secretary determines 

18 such equipment would result in a net loss of jobs 

19 within a port of port terminal. 

20 SEC. 3. EXPANDING THE MARITIME ENVIRONMENTAL AND 

21 TECHNICAL ASSISTANCE PROGRAM. 

22 (a) MARITIME ENVIRONMENTAL AND TECHNICAL

23 ASSISTANCE PROGRAM.—From the amount appropriated 

24 under section 2(1)(A), not more than 60 percent shall be 

25 reserved for activities related to technologies that support 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 3270 IS

1 port and vessel air emissions reductions and to support 

2 zero emissions technologies, including identification of new 

3 fuel or other power sources. 

4 (b) USES.—Section 50307 of title 46, United States 

5 Code, is amended— 

6 (1) by redesignating subsection (e) as sub7 section (f); and 

8 (2) by inserting after subsection (d) the fol9 lowing: 

10 ‘‘(e) USES.—The results of activities conducted under 

11 subsection (b)(1) shall be used to inform the policy deci12 sions of the United States related to domestic regulations 

13 and to the United States position on matters before the 

14 International Maritime Organization.’’. 

15 SEC. 4. SUSTAINABLE PORT INFRASTRUCTURE. 

16 (a) SHORT TITLE.—This section may be cited as the 

17 ‘‘Sustainable Port Infrastructure Act’’. 

18 (b) PORT DEVELOPMENT.—Section 50302(c) of title 

19 46, United States Code, is amended— 

20 (1) in paragraph (3)(A)(ii)— 

21 (A) in subclause (II), by striking ‘‘or’’ 

22 after the semicolon; and 

23 (B) by adding at the end the following: 

24 ‘‘(IV) projects that improve the 

25 resiliency of ports to address sea-level 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 3270 IS

1 rise, flooding, extreme weather events, 

2 including earthquakes, hurricanes and 

3 tsunami inundation, including projects 

4 for— 

5 ‘‘(aa) port electrification or 

6 electrification master planning; 

7 ‘‘(bb) harbor craft or equip8 ment replacements/retrofits; 

9 ‘‘(cc) development of port or 

10 terminal micro-grids; 

11 ‘‘(dd) providing idling reduc12 tion infrastructure; 

13 ‘‘(ee) purchase of cargo han14 dling equipment and related in15 frastructure; 

16 ‘‘(ff) worker training to sup17 port electrification technology; 

18 ‘‘(gg) installation of port 

19 bunkering facilities from ocean20 going vessels for fuels; 

21 ‘‘(hh) electric vehicle charge 

22 or hydrogen refueling infrastruc23 ture for drayage, and medium or 

24 heavy duty trucks and locoVerDate Sep 11 2014 01:14 Dec 07, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.IS S3270

pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 3270 IS

1 motives that service the port and 

2 related grid upgrades; or 

3 ‘‘(ii) other related to port 

4 activities including charging in5 frastructure, electric rubber-tired 

6 gantry cranes, and anti-idling 

7 technologies; or’’; 

8 (2) in paragraph (7)(B), by striking ‘‘18 per9 cent’’ and inserting ‘‘25 percent’’; and 

10 (3) in paragraph (10)— 

11 (A) by redesignating subparagraphs (B) 

12 and (C) as subparagraphs (C) and (D), respec13 tively; and 

14 (B) by inserting after subparagraph (A) 

15 the following: 

16 ‘‘(B) EFFICIENT USE OF NON-FEDERAL

17 FUNDS.— 

18 ‘‘(i) IN GENERAL.—Notwithstanding 

19 any other provision of law and subject to 

20 approval by the Secretary, in the case of 

21 any grant for a project under this section, 

22 during the period beginning on the date on 

23 which the grant recipient is selected and 

24 ending on the date on which the grant 

25 agreement is signed— 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 3270 IS

1 ‘‘(I) the grant recipient may obli2 gate and expend non-Federal funds 

3 with respect to the project for which 

4 the grant is provided; and 

5 ‘‘(II) any non-Federal funds obli6 gated or expended in accordance with 

7 subclause (I) shall be credited toward 

8 the non-Federal cost share for the 

9 project for which the grant is pro10 vided. 

11 ‘‘(ii) REQUIREMENTS.— 

12 ‘‘(I) APPLICATION.—In order to 

13 obligate and expend non-Federal 

14 funds under clause (i), the grant re15 cipient shall submit to the Secretary a 

16 request to obligate and expend non17 Federal funds under that clause, in18 cluding— 

19 ‘‘(aa) a description of the 

20 activities the grant recipient in21 tends to fund; 

22 ‘‘(bb) a justification for ad23 vancing the activities described in 

24 item (aa), including an assess25 ment of the effects to the project 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 3270 IS

1 scope, schedule, and budget if the 

2 request is not approved; and 

3 ‘‘(cc) the level of risk of the 

4 activities described in item (aa). 

5 ‘‘(II) APPROVAL.—The Secretary 

6 shall approve or disapprove each re7 quest submitted under subclause (I). 

8 ‘‘(III) COMPLIANCE WITH APPLI9 CABLE REQUIREMENTS.—Any non10 Federal funds obligated or expended 

11 under clause (i) shall comply with all 

12 applicable requirements, including any 

13 requirements included in the grant 

14 agreement. 

15 ‘‘(iii) EFFECT.—The obligation or ex16 penditure of any non-Federal funds in ac17 cordance with this subparagraph shall 

18 not— 

19 ‘‘(I) affect the signing of a grant 

20 agreement or other applicable grant 

21 procedures with respect to the appli22 cable grant; 

23 ‘‘(II) create an obligation on the 

24 part of the Federal Government to 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 3270 IS

1 repay any non-Federal funds if the 

2 grant agreement is not signed; or 

3 ‘‘(III) affect the ability of the re4 cipient of the grant to obligate or ex5 pend non-Federal funds to meet the 

6 non-Federal cost share for the project 

7 for which the grant is provided after 

8 the period described in clause (i).’’. 

9 SEC. 5. ELIJAH CUMMINGS SHIP AMERICAN ACT. 

10 (a) REPEAL IN MAP-21.—Section 100124 of the 

11 Moving Ahead for Progress in the 21st Century Act (Pub12 lic Law 112–141) is repealed, and the provisions of law 

13 that were repealed or amended by that section are reen14 acted and amended, respectively, to read as if such section 

15 were not enacted. 

16 (b) REPEAL IN BIPARTISAN BUDGET ACT OF

17 2013.—Section 602 of the Bipartisan Budget Act of 2013 

18 (Public Law 113–67) is repealed, and the provisions of 

19 law that were repealed or amended by that section are re20 enacted and amended, respectively, to read as of such sec21 tion were not enacted. 

22 (c) TRANSPORTATION REQUIREMENTS FOR CERTAIN

23 EXPORTS SPONSORED BY THE SECRETARY OF AGRI24 CULTURE.—Subsection (a)(1) of section 55314 of title 46, 

25 United States Code, as reenacted by this section, is 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 3270 IS

1 amended by striking ‘‘25 percent’’ and inserting ‘‘75 per2 cent’’. 

3 (d) FINANCING THE TRANSPORTATION OF AGRICUL4 TURAL COMMODITIES.—Section 55316(a) of title 46, 

5 United States Code, as reenacted by this section, is 

6 amended by inserting ‘‘or from the application of section 

7 55305 of this title, requiring transportation on privately8 owned commercial vessels of the United States for 100 

9 percent of the gross tonnage of certain equipment, mate10 rials, or commodities’’ before the period. 

11 (e) CARGOES PROCURED, FURNISHED, OR FINANCED

12 BY THE UNITED STATES GOVERNMENT.—Section 

13 55305(b) of title 46, United States Code, is amended by 

14 striking ‘‘50’’ and inserting ‘‘75’’. 

15 SEC. 6. SENSE OF CONGRESS ON THE UNITED STATES MER16 CHANT MARINE. 

17 It is the sense of Congress that the United States 

18 Merchant Marine is a critical part of the United States’ 

19 national infrastructure, and the men and women of the 

20 United States Merchant Marine are essential workers. 

21 SEC. 7. ENSURING DIVERSE MARINER RECRUITMENT. 

22 Not later than 6 months after the date of enactment 

23 of this Act, the Secretary of Transportation shall develop 

24 and deliver to Congress a strategy to assist State maritime 

25 academies and the United States Merchant Marine AcadVerDate Sep 11 2014 01:14 Dec 07, 2021 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.IS S3270

pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 3270 IS

1 emy to improve the representation of women and under2 represented communities in the next generation of the 

3 mariner workforce, including— 

4 (1) Black or African American; 

5 (2) Hispanic or Latino; 

6 (3) Asian; 

7 (4) American Indians, Alaska Native, or Native 

8 Hawaiians; or 

9 (5) Pacific Islander. 

10 SEC. 8. MARITIME TECHNOLOGICAL ADVANCEMENT ACT 

11 OF 2021. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Maritime Technological Advancement Act of 2021’’. 

14 (b) CENTERS OF EXCELLENCE FOR DOMESTIC MARI15 TIME WORKFORCE.—Section 51706 of title 46, United 

16 States Code, is amended— 

17 (1) in subsection (a), by striking ‘‘of Transpor18 tation’’; 

19 (2) in subsection (b), in the subsection heading, 

20 by striking ‘‘Assistance’’ and inserting ‘‘Cooperative 

21 Agreements’’; 

22 (3) by redesignating subsection (c) as sub23 section (d); 

24 (4) in subsection (d), as redesignated by para25 graph (2), by adding at the end the following: 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 3270 IS

1 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of Transportation.’’; and 

3 (5) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) GRANT PROGRAM.— 

6 ‘‘(1) DEFINITIONS.—In this subsection: 

7 ‘‘(A) ADMINISTRATOR.—The term ‘Admin8 istrator’ means the Administrator of the Mari9 time Administration. 

10 ‘‘(B) ELIGIBLE INSTITUTION.—The term 

11 ‘eligible institution’ means an institution that 

12 has a demonstrated record of success in train13 ing and is— 

14 ‘‘(i) a postsecondary educational insti15 tution (as such term is defined in section 

16 3 of the Carl D. Perkins Career and Tech17 nical Education Act of 2006 (20 U.S.C. 

18 2302)) that offers a 2-year program of 

19 study or a 1-year program of training; 

20 ‘‘(ii) a postsecondary vocational insti21 tution, as defined under title 600.6 of title 

22 34, Code of Federal Regulations, or similar 

23 successor regulation; or 

24 ‘‘(iii) another structured experiential 

25 learning training program for American 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 3270 IS

1 workers in the United States maritime in2 dustry, including a program offered by a 

3 labor organization or conducted in partner4 ships with a nonprofit organization or 1 or 

5 more employers in the maritime industry. 

6 ‘‘(C) UNITED STATES MARITIME INDUS7 TRY.—The term ‘United States maritime indus8 try’ means all segments of the maritime-related 

9 transportation system of the United States, 

10 both in domestic and foreign trade, and in 

11 coastal, offshore, and inland waters, as well as 

12 non-commercial maritime activities, such as 

13 pleasure boating and marine sciences (including 

14 all scientific research vessels), and all of the in15 dustries that support or depend upon such uses, 

16 including vessel construction and repair, vessel 

17 operations, ship logistics supply, berthing, port 

18 operations, port intermodal operations, marine 

19 terminal operations, vessel design, marine bro20 kerage, marine insurance, marine financing, 

21 chartering, maritime-oriented supply chain op22 erations, offshore industry, offshore wind, and 

23 maritime-oriented research and development. 

24 ‘‘(2) GRANT AUTHORIZATION.— 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 3270 IS

1 ‘‘(A) IN GENERAL.—Not later than 1 year 

2 after the date of enactment of this section, the 

3 Administrator may award maritime career 

4 training grants to eligible institutions for the 

5 purpose of developing, offering, or improving 

6 educational or career training programs for 

7 workers in the United States related to the 

8 maritime workforce. 

9 ‘‘(B) GUIDELINES.—Not later than 1 year 

10 after the date of enactment of this section, the 

11 Administrator shall— 

12 ‘‘(i) promulgate guidelines for the 

13 submission of grant proposals under this 

14 subsection; and 

15 ‘‘(ii) publish and maintain such guide16 lines on the website of the Maritime Ad17 ministration. 

18 ‘‘(3) LIMITATIONS.—The Administrator may 

19 not award a grant under this subsection in an 

20 amount that is more than $12,000,000. 

21 ‘‘(4) REQUIRED INFORMATION.— 

22 ‘‘(A) IN GENERAL.—An eligible institution 

23 that desires to receive a grant under this sub24 section shall submit to the Administrator a 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•S 3270 IS

1 grant proposal that includes a detailed descrip2 tion of— 

3 ‘‘(i) the specific project for which the 

4 grant proposal is submitted, including the 

5 manner in which the grant will be used to 

6 develop, offer, or improve an educational 

7 or career training program that is suited 

8 to maritime industry workers; 

9 ‘‘(ii) the extent to which the project 

10 for which the grant proposal is submitted 

11 will meet the educational or career training 

12 needs of maritime workers in the commu13 nity served by the eligible institution, par14 ticularly any individuals with a barrier to 

15 employment; 

16 ‘‘(iii) the extent to which the project 

17 for which the grant proposal is submitted 

18 fits within any overall strategic plan devel19 oped by an eligible community; and 

20 ‘‘(iv) a description of the previous ex21 perience of the eligible institution in pro22 viding maritime educational or career 

23 training programs. 

24 ‘‘(B) COMMUNITY OUTREACH REQUIRED.— 

25 In order to be considered by the Administrator, 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•S 3270 IS

1 a grant proposal submitted by an eligible insti2 tution under this subsection shall— 

3 ‘‘(i) demonstrate that the eligible in4 stitution— 

5 ‘‘(I) reached out to employers to 

6 identify— 

7 ‘‘(aa) any shortcomings in 

8 existing maritime educational 

9 and career training opportunities 

10 available to workers in the com11 munity; and 

12 ‘‘(bb) any future employ13 ment opportunities within the 

14 community and the educational 

15 and career training skills re16 quired for workers to meet the 

17 future maritime employment de18 mand; and 

19 ‘‘(II) reached out to other simi20 larly situated entities in an effort to 

21 benefit from any best practices that 

22 may be shared with respect to pro23 viding maritime educational or career 

24 training programs to workers eligible 

25 for training; and 


pbinns on DSKJLVW7X2PROD with BILLS
19 

•S 3270 IS

1 ‘‘(ii) include a detailed description 

2 of— 

3 ‘‘(I) the extent and outcome of 

4 the outreach conducted under clause 

5 (i); 

6 ‘‘(II) the extent to which the 

7 project for which the grant proposal is 

8 submitted will contribute to meeting 

9 any shortcomings identified under 

10 clause (i)(I)(aa) or any maritime edu11 cational or career training needs iden12 tified under clause (i)(I)(bb); and 

13 ‘‘(III) the extent to which em14 ployers, including small- and medium15 sized firms within the community, 

16 have demonstrated a commitment to 

17 employing workers who would benefit 

18 from the project for which the grant 

19 proposal is submitted. 

20 ‘‘(5) CRITERIA FOR AWARD OF GRANTS.— 

21 ‘‘(A) IN GENERAL.—Subject to the appro22 priation of funds, the Administrator shall award 

23 a grant under this subsection based on— 

24 ‘‘(i) a determination of the merits of 

25 the grant proposal submitted by the eligiVerDate Sep 11 2014 01:14 Dec 07, 2021 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.IS S3270

pbinns on DSKJLVW7X2PROD with BILLS
20 

•S 3270 IS

1 ble institution to develop, offer, or improve 

2 maritime educational or career training 

3 programs to be made available to workers; 

4 ‘‘(ii) an evaluation of the likely em5 ployment opportunities available to workers 

6 who complete a maritime educational or 

7 career training program that the eligible 

8 institution proposes to develop, offer, or 

9 improve; 

10 ‘‘(iii) an evaluation of prior demand 

11 for training programs by workers in the 

12 community served by the eligible institu13 tion, as well as the availability and capac14 ity of existing maritime training programs 

15 to meet future demand for training pro16 grams; 

17 ‘‘(iv) any prior designation of an insti18 tution as a Center of Excellence for Do19 mestic Maritime Workforce Training and 

20 Education; and 

21 ‘‘(v) an evaluation of the previous ex22 perience of the eligible institution in pro23 viding maritime educational or career 

24 training programs. 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•S 3270 IS

1 ‘‘(B) MATCHING REQUIREMENTS.—A 

2 grant awarded under this subsection may not 

3 be used to satisfy any private matching require4 ment under any other provision of law. 

5 ‘‘(6) COMPETITIVE AWARDS.— 

6 ‘‘(A) IN GENERAL.—The Administrator 

7 shall award grants under this subsection to eli8 gible institutions on a competitive basis in ac9 cordance with guidelines and requirements es10 tablished by the Administrator under paragraph 

11 (2)(B). 

12 ‘‘(B) TIMING OF GRANT NOTICE.—The Ad13 ministrator shall post a Notice of Funding Op14 portunity regarding grants awarded under this 

15 subsection not more than 90 days after the date 

16 of enactment of the appropriations Act for the 

17 fiscal year concerned. 

18 ‘‘(C) TIMING OF GRANTS.—The Adminis19 trator shall award grants under this subsection 

20 not later than 270 days after the date of enact21 ment of the appropriations Act for the fiscal 

22 year concerned. 

23 ‘‘(D) APPLICATION OF REQUIREMENTS.— 

24 The requirements under subparagraphs (B) and 

25 (C) shall not apply until the guidelines required 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•S 3270 IS

1 under paragraph (2)(B) have been promul2 gated. 

3 ‘‘(E) REUSE OF UNEXPENDED GRANT

4 FUNDS.—Notwithstanding subparagraph (C), 

5 amounts awarded as a grant under this sub6 section that are not expended by the grantee 

7 shall remain available to the Administrator for 

8 use for grants under this subsection. 

9 ‘‘(F) ADMINISTRATIVE COSTS.—Not more 

10 than 3 percent of amounts made available to 

11 carry out this subsection may be used for the 

12 necessary costs of grant administration. 

13 ‘‘(7) ELIGIBLE USES OF GRANT FUNDS.—An el14 igible institution receiving a grant under this sub15 section— 

16 ‘‘(A) shall carry out activities that are 

17 identified as priorities for the purpose of devel18 oping, offering, or improving educational or ca19 reer training programs for the United States 

20 maritime industry workforce; 

21 ‘‘(B) shall provide training to upgrade the 

22 skills of the United States maritime industry 

23 workforce, including training to acquire covered 

24 requirements as well as technical skills training 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•S 3270 IS

1 for jobs in the United States maritime industry; 

2 and 

3 ‘‘(C) may use the grant funds to— 

4 ‘‘(i) admit additional students to mar5 itime training programs; 

6 ‘‘(ii) develop, establish, and annually 

7 update viable training capacity, courses 

8 and mechanisms to rapidly upgrade skills 

9 and perform assessments of merchant 

10 mariners during time of war or national 

11 emergency and to increase credentials for 

12 domestic or defense needs where training 

13 can decrease the gap in the numbers of 

14 qualified mariners for sealift; 

15 ‘‘(iii) provide services to upgrade the 

16 skills of United States offshore wind ma17 rine service workers who transport, install, 

18 operate, or maintain offshore wind compo19 nents and turbines, including training, cur20 riculum, and career pathway development, 

21 on-the-job training, safety, and health 

22 training, and classroom training; 

23 ‘‘(iv) expand existing or create new 

24 maritime training programs, including 

25 through partnerships and memoranda of 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•S 3270 IS

1 understanding with 4-year institutions of 

2 higher education, labor organizations, ap3 prenticeships with the United States mari4 time industry, or with 1 or more employers 

5 in the maritime industry; 

6 ‘‘(v) create new maritime career path7 ways; 

8 ‘‘(vi) expand existing or create new 

9 training programs for transitioning mili10 tary veterans to careers in the United 

11 States maritime industry; 

12 ‘‘(vii) expand existing or create new 

13 training programs that address the needs 

14 of individuals with a barrier to employ15 ment, as determined by the Secretary in 

16 consultation with the Secretary of Labor, 

17 in the United States maritime industry; 

18 ‘‘(viii) purchase, construct, develop, 

19 expand, or improve training facilities, 

20 buildings, and equipment to deliver mari21 time training programs; 

22 ‘‘(ix) recruit and train additional fac23 ulty to expand the maritime training pro24 grams offered by the eligible institution; 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•S 3270 IS

1 ‘‘(x) provide financial assistance 

2 through scholarships or tuition waivers, 

3 not to exceed the applicable tuition ex4 penses associated with the covered pro5 grams; 

6 ‘‘(xi) promote the use of distance 

7 learning that enables students to take 

8 courses through the use of teleconfer9 encing, the Internet, and other media tech10 nology; 

11 ‘‘(xii) assist in providing services to 

12 address maritime workforce recruitment 

13 and training of youth residing in targeted 

14 high-poverty areas within empowerment 

15 zones and enterprise communities; 

16 ‘‘(xiii) implement partnerships with 

17 national and regional organizations with 

18 special expertise in developing, organizing, 

19 and administering maritime workforce re20 cruitment and training services; 

21 ‘‘(xiv) carry out customized training 

22 in conjunction with an existing registered 

23 apprenticeship program or pre-apprentice24 ship program, paid internship, or joint 

25 labor-management partnership; 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•S 3270 IS

1 ‘‘(xv) carry out customized training in 

2 conjunction with an existing registered ap3 prenticeship program or pre-apprenticeship 

4 program, paid internship, or joint labor5 management partnership; 

6 ‘‘(xvi) design, develop, and test an 

7 array of approaches to providing recruit8 ment, training, or retention services, to en9 hance diversity, equity and inclusion in the 

10 United States maritime industry work11 force; 

12 ‘‘(xvii) in conjunction with employers, 

13 organized labor, other groups (such as 

14 community coalitions), and Federal, State, 

15 or local agencies, design, develop, and test 

16 various training approaches in order to de17 termine effective practices; or 

18 ‘‘(xviii) assist in the development and 

19 replication of effective service delivery 

20 strategies for the United States maritime 

21 industry as a whole. 

22 ‘‘(8) PUBLIC REPORT.—Not later than Decem23 ber 15 in each of the calendar years 2023 through 

24 2025, the Administrator shall make available on a 

25 publicly available website a report and provide a 


pbinns on DSKJLVW7X2PROD with BILLS
27 

•S 3270 IS

1 briefing to the Committee on Commerce, Science, 

2 and Transportation of the Senate and the Com3 mittee on Transportation and Infrastructure of the 

4 House of Representatives— 

5 ‘‘(A) describing each grant awarded under 

6 this subsection during the preceding fiscal year; 

7 ‘‘(B) assessing the impact of each award of 

8 a grant under this subsection in a fiscal year 

9 preceding the fiscal year referred to in subpara10 graph (A) on workers receiving training; and 

11 ‘‘(C) describing the performance of the 

12 grant awarded with respect to the indicators of 

13 performance under section 116(b)(2)(A)(i) of 

14 the Workforce Innovation and Opportunity Act 

15 (29 U.S.C. 3141(b)(2)(A)(i)). 

16 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 

17 There is authorized to be appropriated to carry out 

18 this subsection $60,000,000 for each of the fiscal 

19 years 2022 through 2026.’’. 

20 SEC. 9. PREPARING THE MARITIME WORKFORCE FOR LOW 

21 AND ZERO EMISSION VESSELS. 

22 (a) DEVELOPMENT OF STRATEGY.—The Secretary of 

23 Transportation, in consultation with the United States 

24 Merchant Marine Academy, State maritime academies, 

25 and civilian nautical schools and the Secretary of the deVerDate Sep 11 2014 01:14 Dec 07, 2021 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.IS S3270

pbinns on DSKJLVW7X2PROD with BILLS
28 

•S 3270 IS

1 partment in which the Coast Guard is operating, shall de2 velop a strategy to ensure there is an adequate supply of 

3 trained United States citizen mariners sufficient to meet 

4 the operational requirements of low and zero emission ves5 sels. 

6 (b) REPORT.—Not later than 6 months after the date 

7 the Secretary of Transportation determines that there is 

8 commercially viable technology for low and zero emission 

9 vessels, the Secretary of Transportation shall— 

10 (1) submit a report on the strategy developed 

11 under subsection (a) and plans for its implementa12 tion to the Committee on Commerce, Science, and 

13 Transportation of the Senate and the Committee on 

14 Transportation and Infrastructure of the House of 

15 Representatives; and 

16 (2) make such report publicly available. 

17 SEC. 10. NAVAL TECHNOLOGY TRANSFER FOR QUIETING 

18 FEDERAL NON-COMBATANT VESSELS. 

19 (a) IN GENERAL.—The Secretary of Defense, in con20 sultation with the Administrator of the National Oceanic 

21 and Atmospheric Administration, the Administrator of the 

22 Maritime Administration, and the Secretary of the depart23 ment in which the Coast Guard is operating, shall, not 

24 later than 18 months after the date of enactment of this 


pbinns on DSKJLVW7X2PROD with BILLS
29 

•S 3270 IS

1 Act, submit a report to the committees identified under 

2 subsection (b) and publish an unclassified report— 

3 (1) identifying existing, at the time of submis4 sion, non-classified naval technologies that reduce 

5 underwater noise; and 

6 (2) evaluating the effectiveness and feasibility 

7 of incorporating such technologies in the design, pro8 curement, and construction of non-combatant vessels 

9 of the United States. 

10 (b) COMMITTEES.—The report under subsection (a) 

11 shall be submitted the Committee on Commerce, Science, 

12 and Transportation of the Senate and the Committee on 

13 Transportation and Infrastructure of the House of Rep14 resentatives. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary of Defense 

17 for carrying out this section, $100,000 for fiscal year 

18 2022, to remain available until expended. 

19 SEC. 11. STUDY EXAMINING THE IMPACT OF STORMWATER 

20 RUNOFF AND TIRES NEAR PORTS. 

21 (a) IN GENERAL.—Not later than 90 days after the 

22 date of enactment of this Act, the Administrator of the 

23 National Oceanic and Atmospheric Administration, in con24 cert with the Secretary of Transportation and the AdminVerDate Sep 11 2014 01:14 Dec 07, 2021 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.IS S3270

pbinns on DSKJLVW7X2PROD with BILLS
30 

•S 3270 IS

1 istrator of the Environmental Protection Agency, shall 

2 commence a study that— 

3 (1) examines the existing science on tire-related 

4 chemicals in stormwater runoff at ports and associ5 ated transportation infrastructure and the impacts 

6 of such chemicals on Pacific salmon and steelhead; 

7 (2) examines the challenges of studying tire-re8 lated chemicals in stormwater runoff at ports and 

9 associated transportation infrastructure and the im10 pacts of such chemicals on Pacific salmon and 

11 steelhead; 

12 (3) provides recommendations for improving 

13 monitoring of stormwater and research related to 

14 run-off for tire-related chemicals and the impacts of 

15 such chemicals on Pacific salmon and steelhead at 

16 ports and associated transportation infrastructure 

17 near ports; and 

18 (4) provides recommendations based on the best 

19 available science on relevant management ap20 proaches at ports and associated transportation in21 frastructure under their respective jurisdictions. 

22 (b) SUBMISSION OF STUDY.—Not later than 18 

23 months after commencing the study under subsection (a), 

24 the Administrator of the National Oceanic and Atmos25 pheric Administration, in concert with the Secretary of 


pbinns on DSKJLVW7X2PROD with BILLS
31 

•S 3270 IS

1 Transportation and the Administrator of the Environ2 mental Protection Agency, shall— 

3 (1) submit the study to the Committee on Com4 merce, Science, and Transportation of the Senate 

5 and the Committee on Transportation and Infra6 structure of the House of Representatives, including 

7 detailing any findings from the study; and 

8 (2) make such study publicly available. 

9 SEC. 12. STRATEGIC SEAPORTS. 

10 Section 50302(c)(6) of title 46, United States Code, 

11 is amended by adding at the end the following: 

12 ‘‘(C) INFRASTRUCTURE IMPROVEMENTS

13 IDENTIFIED IN THE REPORT ON STRATEGIC

14 SEAPORTS.—In selecting projects described in 

15 paragraph (3) for funding under this sub16 section, the secretary shall consider infrastruc17 ture improvements identified in the report on 

18 strategic seaports required by section 3515 of 

19 the National Defense Authorization Act for Fis20 cal Year 2020 (Public Law 116–92; 133 Stat. 

21 1985) that would improve the commercial oper22 ations of those seaports.’’. 

23 SEC. 13. IMPROVING PROTECTIONS FOR MIDSHIPMEN ACT. 

24 (a) SHORT TITLE.—This section may be cited as the 

25 ‘‘Improving Protections for Midshipmen Act’’. 


pbinns on DSKJLVW7X2PROD with BILLS
32 

•S 3270 IS

1 (b) SUSPENSION OR REVOCATION OF MERCHANT

2 MARINER CREDENTIALS FOR PERPETRATORS OF SEXUAL

3 HARASSMENT OR SEXUAL ASSAULT.— 

4 (1) IN GENERAL.—Chapter 77 of title 46, 

5 United States Code, is amended by inserting after 

6 section 7704 the following: 

7 ‘‘SEC. 7704a. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS 

8 GROUNDS FOR SUSPENSION OR REVOCA9 TION. 

10 ‘‘(a) SEXUAL HARASSMENT.—If it is shown at a 

11 hearing under this chapter that a holder of a license, cer12 tificate of registry, or merchant mariner’s document 

13 issued under this part within 10 years before the begin14 ning of the suspension and revocation proceedings, is the 

15 subject of a substantiated claim of sexual harassment, 

16 then the license, certificate of registry, or merchant mari17 ner’s document shall be suspended or revoked. 

18 ‘‘(b) SEXUAL ASSAULT.—If it is shown at a hearing 

19 under this chapter that a holder of a license, certificate 

20 of registry, or merchant mariner’s document issued under 

21 this part within 20 years before the beginning of the sus22 pension and revocation proceedings, is the subject of a 

23 substantiated claim of sexual assault, then the license, cer24 tificate of registry, or merchant mariner’s document shall 

25 be revoked. 


pbinns on DSKJLVW7X2PROD with BILLS
33 

•S 3270 IS

1 ‘‘(c) SUBSTANTIATED CLAIM.— 

2 ‘‘(1) IN GENERAL.—The term ‘substantiated 

3 claim’ means— 

4 ‘‘(A) a finding by any administrative or 

5 legal proceeding that the individual committed 

6 sexual harassment or sexual assault in violation 

7 of any Federal, State, local or Tribal law or 

8 regulation; or 

9 ‘‘(B) a determination after an investigation 

10 by the Coast Guard that it is more likely than 

11 not the individual committed sexual harassment 

12 or sexual assault as defined in subsection (c). 

13 ‘‘(2) INVESTIGATION BY THE COAST GUARD.— 

14 An investigation by the Coast Guard under para15 graph (1)(B) shall include evaluation of the fol16 lowing materials that shall be provided to the Coast 

17 Guard: 

18 ‘‘(A) Any inquiry or determination made 

19 by the employer as to whether the individual 

20 committed sexual harassment or sexual assault. 

21 ‘‘(B) Upon request, from an employer or 

22 former employer of the individual, any inves23 tigative materials, documents, records, or files 

24 in its possession that are related to the claim 


pbinns on DSKJLVW7X2PROD with BILLS
34 

•S 3270 IS

1 of sexual harassment or sexual assault by the 

2 individual. 

3 ‘‘(d) DEFINITIONS.— 

4 ‘‘(1) SEXUAL HARASSMENT.—The term ‘sexual 

5 harassment’ means any of the following: 

6 ‘‘(A) Conduct that— 

7 ‘‘(i) involves unwelcome sexual ad8 vances, requests for sexual favors, or delib9 erate or repeated offensive comments or 

10 gestures of a sexual nature when— 

11 ‘‘(I) submission to such conduct 

12 is made either explicitly or implicitly a 

13 term or condition of a person’s job, 

14 pay, or career; 

15 ‘‘(II) submission to or rejection 

16 of such conduct by a person is used as 

17 a basis for career or employment deci18 sions affecting that person; 

19 ‘‘(III) such conduct has the pur20 pose or effect of unreasonably inter21 fering with an individual’s work per22 formance or creates an intimidating, 

23 hostile, or offensive working environ24 ment; or 


pbinns on DSKJLVW7X2PROD with BILLS
35 

•S 3270 IS

1 ‘‘(IV) conduct may have been by 

2 a person’s supervisor, a supervisor in 

3 another area, a co-worker, or another 

4 credentialed mariner; and 

5 ‘‘(ii) is so severe or pervasive that a 

6 reasonable person would perceive, and the 

7 victim does perceive, the environment as 

8 hostile or offensive. 

9 ‘‘(B) Any use or condonation, by any per10 son in a supervisory or command position, of 

11 any form of sexual behavior to control, influ12 ence, or affect the career, pay, or job of a sub13 ordinate. 

14 ‘‘(C) Any deliberate or repeated unwelcome 

15 verbal comment or gesture of a sexual nature 

16 by any fellow employee of the complainant. 

17 ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as18 sault’ means any form of abuse or contact as defined 

19 in chapter 109A of title 18, United States Code. 

20 ‘‘(e) REGULATIONS.—The Secretary of the depart21 ment in which the Coast Guard is operating may issue 

22 further regulations as necessary to update the definitions 

23 in this section, consistent with descriptions of sexual har24 assment and sexual assault addressed in title 10 and title 


pbinns on DSKJLVW7X2PROD with BILLS
36 

•S 3270 IS

1 18, United States Code, and any other relevant Federal 

2 laws, to implement subsection (a) of this section.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions of chapter 77 of title 46, United States Code, 

5 is amended by inserting after the item relating to 

6 section 7704 the following: 

‘‘7704a. Sexual harassment or sexual assault as grounds for suspension or revocation.’’. 

7 (c) SUPPORTING THE UNITED STATES MERCHANT

8 MARINE ACADEMY.— 

9 (1) IN GENERAL.—Chapter 513 of title 46, 

10 United States Code, is amended by adding at the 

11 end the following: 

12 ‘‘SEC. 51323. SEXUAL ASSAULT AND SEXUAL HARASSMENT 

13 PREVENTION INFORMATION MANAGEMENT 

14 SYSTEM. 

15 ‘‘(a) INFORMATION MANAGEMENT SYSTEM.— 

16 ‘‘(1) IN GENERAL.—Not later than January 1, 

17 2023, the Maritime Administrator shall establish an 

18 information management system to track and main19 tain, in such a manner that patterns can be reason20 ably identified, information regarding claims and in21 cidents involving cadets that are reportable pursuant 

22 to subsection (d) of section 51318 of this chapter. 

23 ‘‘(2) INFORMATION MAINTAINED IN THE SYS24 TEM.—Information maintained in the system shall 


pbinns on DSKJLVW7X2PROD with BILLS
37 

•S 3270 IS

1 include the following information, to the extent that 

2 information is available: 

3 ‘‘(A) The overall number of sexual assault 

4 or sexual harassment incidents per fiscal year. 

5 ‘‘(B) The location of each such incident, 

6 including vessel name and the name of the com7 pany operating the vessel, if applicable. 

8 ‘‘(C) The names and ranks of the individ9 uals involved in each such incident. 

10 ‘‘(D) The general nature of each such inci11 dent, to include copies of any associated reports 

12 completed on the incidents. 

13 ‘‘(E) The type of inquiry made into each 

14 such incident. 

15 ‘‘(F) A determination as to whether each 

16 such incident is substantiated. 

17 ‘‘(G) Any informal and formal account18 ability measures taken for misconduct related to 

19 the incident, including decisions on whether to 

20 prosecute the case. 

21 ‘‘(3) PAST INFORMATION INCLUDED.—The in22 formation management system under this section 

23 shall include the relevant data listed in this sub24 section related to sexual assault and sexual harass25 ment that the Maritime Administrator possesses, 


pbinns on DSKJLVW7X2PROD with BILLS
38 

•S 3270 IS

1 and shall not be limited to data collected after Janu2 ary 1, 2023. 

3 ‘‘(4) PRIVACY PROTECTIONS.—The Maritime 

4 Administrator and the Department of Transpor5 tation Chief Information Officer shall coordinate to 

6 ensure that the information management system 

7 under this section shall be established and main8 tained in a secure fashion to ensure the protection 

9 of the privacy of any individuals whose information 

10 is entered in such system. 

11 ‘‘(5) CYBERSECURITY AUDIT.—Ninety days 

12 after the implementation of the information manage13 ment system, the Office of Inspector General of the 

14 Department of Transportation shall commence an 

15 audit of the cybersecurity of the system and shall 

16 submit a report containing the results of that audit 

17 to the Committee on Commerce, Science, and Trans18 portation of the Senate and the Committee on 

19 Transportation and Infrastructure of the House of 

20 Representatives. 

21 ‘‘(b) SEA YEAR PROGRAM.—The Maritime Adminis22 trator shall provide for the establishment of in-person and 

23 virtual confidential exit interviews, to be conducted by per24 sonnel who are not involved in the assignment of the mid25 shipmen to a Sea Year vessel, for midshipmen from the 


pbinns on DSKJLVW7X2PROD with BILLS
39 

•S 3270 IS

1 Academy upon completion of Sea Year and following com2 pletion by the midshipmen of the survey under section 

3 51322(d). 

4 ‘‘SEC. 51324. STUDENT ADVISORY BOARD AT THE UNITED 

5 STATES MERCHANT MARINE ACADEMY. 

6 ‘‘(a) IN GENERAL.—The Administrator of the Mari7 time Administration shall establish at the United States 

8 Merchant Marine Academy an advisory board to be known 

9 as the Advisory Board to the Secretary of Transportation 

10 (referred to in this section as the ‘Advisory Board’). 

11 ‘‘(b) MEMBERSHIP.—The Advisory Board shall be 

12 composed of not fewer than 12 midshipmen of the Mer13 chant Marine Academy who are enrolled at the Merchant 

14 Marine Academy at the time of the appointment, including 

15 not fewer than 3 cadets from each class. 

16 ‘‘(c) APPOINTMENT; TERM.—Midshipmen shall serve 

17 on the Advisory Board pursuant to appointment by the 

18 Administrator of the Maritime Administration. Appoint19 ments shall be made not later than 60 days after the date 

20 of the swearing in of a new class of midshipmen at the 

21 Academy. The term of membership of a midshipmen on 

22 the Advisory Board shall be 1 academic year. 

23 ‘‘(d) REAPPOINTMENT.—The Administrator of the 

24 Maritime Administration may reappoint not more than 6 

25 cadets from the previous term to serve on the Advisory 


pbinns on DSKJLVW7X2PROD with BILLS
40 

•S 3270 IS

1 Board for an additional academic year if the Adminis2 trator determines such reappointment to be in the best 

3 interests of the Merchant Marine Academy. 

4 ‘‘(e) MEETINGS.—The Advisory Board shall meet 

5 with the Secretary of Transportation at least once each 

6 academic year to discuss the activities of the Advisory 

7 Board. The Advisory Board shall meet in person with the 

8 Administrator of the Maritime Administration not less 

9 than 2 times each academic year to discuss the activities 

10 of the Advisory Board. 

11 ‘‘(f) DUTIES.—The Advisory Board shall— 

12 ‘‘(1) identify health and well-being, diversity, 

13 and sexual assault and harassment challenges and 

14 other topics considered important by the Advisory 

15 Board facing midshipmen both at the Merchant Ma16 rine Academy, off campus, and while aboard ships 

17 during Sea Year or other training opportunities; 

18 ‘‘(2) discuss and propose possible solutions, in19 cluding improvements to culture and leadership de20 velopment at the Merchant Marine Academy; and 

21 ‘‘(3) periodically, review the efficacy of the pro22 gram in section 51323(b), as appropriate, and pro23 vide recommendations to the Maritime Adminis24 trator for improvement. 


pbinns on DSKJLVW7X2PROD with BILLS
41 

•S 3270 IS

1 ‘‘(g) WORKING GROUPS.—The Advisory Board may 

2 establish one or more working groups to assist the Advi3 sory Board in carrying out its duties, including working 

4 groups composed in part of midshipmen at the Merchant 

5 Marine Academy who are not current members of the Ad6 visory Board. 

7 ‘‘(h) REPORTS AND BRIEFINGS.—The Advisory 

8 Board shall regularly provide the Secretary of Transpor9 tation and the Administrator of the Maritime Administra10 tion reports and briefings on the results of its duties, in11 cluding recommendations for actions to be taken in light 

12 of such results. Such reports and briefings may be pro13 vided in writing, in person, or both. 

14 ‘‘SEC. 51325. SEXUAL ASSAULT ADVISORY COUNCIL. 

15 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor16 tation shall establish a Sexual Assault Advisory Council 

17 (in this section referred to as the ‘Council’). 

18 ‘‘(b) MEMBERSHIP.— 

19 ‘‘(1) IN GENERAL.—The Council shall be com20 posed of not fewer than 8 and not more than 14 in21 dividuals selected by the Secretary of Transportation 

22 who are alumni that have graduated within the last 

23 4 years or current midshipmen of the United States 

24 Merchant Marine Academy (including midshipmen 

25 or alumni who were victims of sexual assault and 


pbinns on DSKJLVW7X2PROD with BILLS
42 

•S 3270 IS

1 midshipmen or alumni who were not victims of sex2 ual assault) and governmental and nongovernmental 

3 experts and professionals in the sexual assault field. 

4 ‘‘(2) EXPERTS INCLUDED.—The Council shall 

5 include— 

6 ‘‘(A) not less than 1 member who is li7 censed in the field of mental health and has 

8 prior experience working as a counselor or ther9 apist providing mental health care to survivors 

10 of sexual assault in a victim services agency or 

11 organization; and 

12 ‘‘(B) not less than 1 member who has 

13 prior experience developing or implementing 

14 sexual assault or sexual assault prevention and 

15 response policies in an academic setting. 

16 ‘‘(3) RULES REGARDING MEMBERSHIP.—No 

17 employee of the Department of Transportation shall 

18 be a member of the Council. The number of govern19 mental experts appointed to the Council shall not ex20 ceed the number of nongovernmental experts. 

21 ‘‘(c) DUTIES; AUTHORIZED ACTIVITIES.— 

22 ‘‘(1) IN GENERAL.—The Council shall meet not 

23 less often than semi-annually to— 

24 ‘‘(A) review— 


pbinns on DSKJLVW7X2PROD with BILLS
43 

•S 3270 IS

1 ‘‘(i) the policies on sexual harassment, 

2 dating violence, domestic violence, sexual 

3 assault, and stalking under section 51318 

4 of this title; and 

5 ‘‘(ii) related matters the Council views 

6 as appropriate; and 

7 ‘‘(B) develop recommendations designed to 

8 ensure that such policies and such matters con9 form, to the extent practicable, to best practices 

10 in the field of sexual assault and sexual harass11 ment response and prevention. 

12 ‘‘(2) AUTHORIZED ACTIVITIES.—To carry out 

13 this subsection, the Council may— 

14 ‘‘(A) conduct case reviews, as appropriate 

15 and only with the consent of the victim of sex16 ual assault or harassment; 

17 ‘‘(B) interview current and former mid18 shipmen of the United States Merchant Marine 

19 Academy (to the extent that such midshipmen 

20 provide the Department of Transportation ex21 press consent to be interviewed by the Council); 

22 and 

23 ‘‘(C) review— 


pbinns on DSKJLVW7X2PROD with BILLS
44 

•S 3270 IS

1 ‘‘(i) exit interviews under section 

2 51323(b) and surveys under section 

3 51322(d); 

4 ‘‘(ii) data collected from restricted re5 porting; and 

6 ‘‘(iii) any other information necessary 

7 to conduct such case reviews. 

8 ‘‘(3) PERSONALLY IDENTIFIABLE INFORMA9 TION.—In carrying out this subsection, the Council 

10 shall comply with the obligations of the Department 

11 of Transportation to protect personally identifiable 

12 information. 

13 ‘‘(d) REPORTS.—On an annual basis for each of the 

14 5 years after the date of enactment of this section, and 

15 at the discretion of the Council thereafter, the Council 

16 shall submit, to the President and the Committee on Com17 merce, Science, and Transportation and the Committee on 

18 Appropriations of the Senate and the Committee on 

19 Transportation and Infrastructure and the Committee on 

20 Appropriations of the House of Representatives, a report 

21 on the Council’s findings based on the reviews conducted 

22 pursuant to subsection (c) and related recommendations. 

23 ‘‘(e) EMPLOYEE STATUS.—Members of the Council 

24 shall not be considered employees of the United States 

25 Government for any purpose and shall not receive comVerDate Sep 11 2014 01:14 Dec 07, 2021 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.IS S3270

pbinns on DSKJLVW7X2PROD with BILLS
45 

•S 3270 IS

1 pensation other than reimbursement of travel expenses 

2 and per diem allowance in accordance with section 5703 

3 of title 5. 

4 ‘‘(f) NONAPPLICABILITY OF FACA.—The Federal 

5 Advisory Committee Act (5 U.S.C. App.) shall not apply 

6 to the Council. 

7 ‘‘SEC. 51326. DIVERSITY AND INCLUSION ACTION PLAN. 

8 ‘‘(a) IN GENERAL.—Not later than January 1, 2023, 

9 the Maritime Administrator shall issue a Diversity and In10 clusion Action Plan for the United States Merchant Ma11 rine Academy (referred to in this section as the ‘Plan’) 

12 and make the Plan publicly available. 

13 ‘‘(b) CONTENTS OF DIVERSITY AND INCLUSION AC14 TION PLAN; SURVEYS.— 

15 ‘‘(1) IN GENERAL.—The Plan shall— 

16 ‘‘(A) contain a description of how the 

17 United States Merchant Marine Academy will 

18 increase recruiting efforts in historically under19 represented communities, including through 

20 partnerships with historically Black colleges and 

21 universities and maritime centers of excellence 

22 designated under section 51706; 

23 ‘‘(B) develop and make available resources 

24 to— 


pbinns on DSKJLVW7X2PROD with BILLS
46 

•S 3270 IS

1 ‘‘(i) establish responsibilities for mid2 shipmen, faculty, and staff of the Academy 

3 with respect to diversity and inclusion; 

4 ‘‘(ii) create standards of— 

5 ‘‘(I) training that require inter6 personal dialogue on diversity and in7 clusion; 

8 ‘‘(II) setting behavioral bound9 aries with others; and 

10 ‘‘(III) specific processes for the 

11 reporting and documentation of mis12 conduct related to hazing, bullying, 

13 hate, and harassment; 

14 ‘‘(iii) hold leaders and other individ15 uals at the Academy accountable for viola16 tions of such standards; 

17 ‘‘(iv) equip midshipmen, faculty, and 

18 staff of the Academy with the resources 

19 and materials to promote a diverse and in20 clusive working environment; and 

21 ‘‘(v) address how concepts of diversity 

22 and inclusion can be integrated into the 

23 curriculum and training of the Academy. 

24 ‘‘(2) SURVEYS.—The Maritime Administrator 

25 shall— 


pbinns on DSKJLVW7X2PROD with BILLS
47 

•S 3270 IS

1 ‘‘(A) require a biannual survey of mid2 shipmen, faculty, and staff of the Academy as3 sessing— 

4 ‘‘(i) the inclusiveness of the environ5 ment of the Academy; and 

6 ‘‘(ii) the effectiveness of the Plan; and 

7 ‘‘(B) require an annual survey of faculty 

8 and staff of the Academy assessing the inclu9 siveness of the environment of the Sea Year 

10 program.’’. 

11 (2) REPORT TO CONGRESS.—Not later than 30 

12 days after the date of enactment of this section, the 

13 Maritime Administrator shall provide Congress with 

14 a briefing on the resources necessary to properly im15 plement this section. 

16 (3) CONFORMING AMENDMENTS.—The chapter 

17 analysis for chapter 513 of title 46, United States 

18 Code, is amended by adding at the end the fol19 lowing: 

‘‘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.’’. 

20 (4) UNITED STATES MERCHANT MARINE ACAD21 EMY STUDENT SUPPORT PLAN.— 


pbinns on DSKJLVW7X2PROD with BILLS
48 

•S 3270 IS

1 (A) STUDENT SUPPORT PLAN.—Not later 

2 than January 1, 2023, the Maritime Adminis3 trator shall issue a Student Support Plan for 

4 the United States Merchant Marine Academy, 

5 in consultation with relevant mental health pro6 fessionals in the Federal Government or experi7 enced with the maritime industry or related in8 dustries. Such plan shall— 

9 (i) address the mental health re10 sources available to midshipmen, both on11 campus and during Sea Year; 

12 (ii) establish a tracking system for su13 icidal ideations and suicide attempts of 

14 midshipmen; 

15 (iii) create an option for midshipmen 

16 to obtain assistance from a professional 

17 care provider virtually; and 

18 (iv) require an annual survey of fac19 ulty and staff assessing the adequacy of 

20 mental health resources for midshipmen of 

21 the Academy, both on campus and during 

22 Sea Year. 

23 (B) REPORT TO CONGRESS.—Not later 

24 than 30 days after the date of enactment of 

25 this Act, the Maritime Administrator shall proVerDate Sep 11 2014 01:14 Dec 07, 2021 Jkt 029200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.IS S3270

pbinns on DSKJLVW7X2PROD with BILLS
49 

•S 3270 IS

1 vide Congress with a report on the resources 

2 necessary to properly implement this para3 graph. 

4 (d) SPECIAL VICTIMS ADVISOR.—Section 51319 of 

5 title 46, United States Code, is amended— 

6 (1) by redesignating subsection (c) as sub7 section (d); and 

8 (2) by inserting after subsection (b) the fol9 lowing: 

10 ‘‘(c) SPECIAL VICTIMS ADVISOR.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall des12 ignate an attorney (to be known as the ‘Special Vic13 tims Advisor’) for the purpose of providing legal as14 sistance to any cadet of the Academy who is the vic15 tim of an alleged sex-related offense regarding ad16 ministrative and criminal proceedings related to such 

17 offense, regardless of whether the report of that of18 fense is restricted or unrestricted. 

19 ‘‘(2) SPECIAL VICTIMS ADVISORY.—The Sec20 retary shall ensure that the attorney designated as 

21 the Special Victims Advisor has knowledge of Uni22 form Code of Military Justice procedures, as well as 

23 criminal and civil law. 

24 ‘‘(3) PRIVILEGED COMMUNICATIONS.—Any 

25 communications between a victim of an alleged sexVerDate Sep 11 2014 01:14 Dec 07, 2021 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.IS S3270

pbinns on DSKJLVW7X2PROD with BILLS
50 

•S 3270 IS

1 related offense and the Special Victim Advisor, when 

2 acting in their capacity as such, shall have the same 

3 protection that applicable law provides for confiden4 tial attorney-client communications.’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(e) UNFILLED VACANCIES.—The Administrator of 

7 the Maritime Administration may appoint qualified can8 didates to positions under subsection (a) and (c) of this 

9 section without regard to sections 3309 through 3319 of 

10 title 5, United States Code.’’. 

11 (e) CATCH A SERIAL OFFENDER ASSESSMENT.— 

12 (1) ASSESSMENT.—Not later than one year 

13 after the date of enactment of this Act, the Com14 mandant of the Coast Guard, in coordination with 

15 the Maritime Administrator, shall conduct an assess16 ment of the feasibility and process necessary, and 

17 appropriate responsible entities to establish a pro18 gram for the United States Merchant Marine Acad19 emy and United States Merchant Marine modeled on 

20 the Catch a Serial Offender program of the Depart21 ment of Defense using the information management 

22 system required under subsection (a) of section 

23 51323 of title 46, United States Code, and the exit 

24 interviews under subsection (b) of such section. 


pbinns on DSKJLVW7X2PROD with BILLS
51 

•S 3270 IS

1 (2) LEGISLATIVE CHANGE PROPOSALS.—If, as 

2 a result of the assessment required by paragraph 

3 (1), the Commandant or the Administrator deter4 mines they need additional authority to implement 

5 the program described in paragraph (1), the Com6 mandant or the Administrator, as applicable, shall 

7 provide appropriate legislative change proposals to 

8 Congress. 

9 (f) SHIPBOARD TRAINING.—Section 51322(a) of title 

10 46, United States Code, is amended by adding at the end 

11 the following: 

12 ‘‘(3) TRAINING.— 

13 ‘‘(A) IN GENERAL.—As part of training 

14 that shall be provided not less than semi-annu15 ally to all midshipmen of the Academy, pursu16 ant to section 51318, the Maritime Adminis17 trator shall develop and implement comprehen18 sive in-person sexual assault risk-reduction and 

19 response training that, to the extent prac20 ticable, conforms to best practices in the sexual 

21 assault prevention and response field and in22 cludes appropriate scenario-based training. 

23 ‘‘(B) DEVELOPMENT AND CONSULTATION

24 WITH EXPERTS.—In developing the sexual as25 sault risk-reduction and response training 


pbinns on DSKJLVW7X2PROD with BILLS
52 

•S 3270 IS

1 under subparagraph (A), the Maritime Admin2 istrator shall consult with and incorporate, as 

3 appropriate, the recommendations and views of 

4 experts in the sexual assault field.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS