1626 
‘‘SEC. 3265. USE OF FUNDS FOR THE PURCHASE OF OP-
TIONS TO PURCHASE REAL PROPERTY. 
‘‘(a) AUTHORITY.—Subject to the limitation in sub-
section (b), funds authorized to be appropriated for the Ad-
ministration for the purchase of real property may be ex-
pended to purchase options for the purchase of real prop-
erty. 
‘‘(b) LIMITATION ON PRICE OF OPTIONS.—The price 
of any option purchased pursuant to subsection (a) may 
not exceed the minor construction threshold (as defined in 
section 4701 of the Atomic Energy Defense Act (50 U.S.C. 
2741)). 
‘‘(c) NOTICE.—Not later than 14 days after the date 
an option is purchased pursuant to subsection (a), the Ad-
ministrator shall submit to the congressional defense com-
mittees— 
‘‘(1) a notification of such purchase; and 
‘‘(2) a summary of the rationale for such pur-
chase.’’. 
SEC. 3120. PROHIBITION ON AVAILABILITY OF FUNDS TO 
RECONVERT OR RETIRE W76–2 WARHEADS. 
(a) PROHIBITION.—Except as provided in subsection 
(b), none of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2023 for the 
National Nuclear Security Administration may be obli-
gated or expended to reconvert or retire a W76–2 warhead. 
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(b) WAIVER.—The Administrator for Nuclear Security 
may waive the prohibition in subsection (a) if the Adminis-
trator, in consultation with the Secretary of Defense and 
the Chairman of the Joint Chiefs of Staff, certifies in writ-
ing to the congressional defense committees— 
(1) that Russia and China do not possess naval 
capabilities similar to the W76–2 warhead in the ac-
tive stockpiles of the respective country; and 
(2) that the Department of Defense does not have 
a valid military requirement for the W76–2 warhead. 
SEC. 3121. ACCELERATION OF DEPLETED URANIUM MANU-
FACTURING PROCESSES. 
(a) ACCELERATION
OF MANUFACTURING.—The Ad-
ministrator for Nuclear Security shall require the nuclear 
security enterprise to accelerate the modernization of manu-
facturing processes for depleted uranium by 2030 so that 
the nuclear security enterprise— 
(1) demonstrates bulk cold hearth melting of de-
pleted uranium alloys to augment existing capabili-
ties on an operational basis for war reserve compo-
nents; 
(2) manufactures, on a repeatable and ongoing 
basis, war reserve depleted uranium alloy components 
using net shape casting; 
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(3) demonstrates, if possible, a production facil-
ity to conduct routine operations for manufacturing 
depleted uranium alloy components outside of the cur-
rent perimeter security fencing of the Y–12 National 
Security Complex, Oak Ridge, Tennessee; and 
(4) has available high purity depleted uranium 
for the production of war reserve components. 
(b) ANNUAL BRIEFING.—Not later than March 31, 
2023, and annually thereafter through 2030, the Adminis-
trator shall provide to the congressional defense committees 
a briefing on— 
(1) progress made in carrying out subsection (a); 
(2) the cost of activities conducted under such 
subsection during the preceding fiscal year; and 
(3) the ability of the nuclear security enterprise 
to convert depleted uranium fluoride hexafluoride to 
depleted uranium tetrafluoride. 
(c) NUCLEAR SECURITY ENTERPRISE DEFINED.—In 
this section, the term ‘‘nuclear security enterprise’’ has the 
meaning given that term in section 4002 of the Atomic En-
ergy Defense Act (50 U.S.C. 2501). 
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SEC. 3122. ASSISTANCE BY THE NATIONAL NUCLEAR SECU-
RITY ADMINISTRATION TO THE AIR FORCE 
FOR THE DEVELOPMENT OF THE MARK 21A 
FUSE. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Administrator for Nu-
clear Security shall enter into an agreement with the Sec-
retary of the Air Force under which the Administrator shall 
support the Air Force by reviewing and validating the de-
velopment and sustainment of a fuse for the Mark 21A re-
entry vehicle to support the W87–1 warhead over the pro-
jected lifetime of the warhead, including by— 
(1) acting as an external reviewer of the Mark 
21A fuse, including by reviewing— 
(A) the design of the fuse; 
(B) the quality of manufacturing and parts; 
and 
(C) the life availability of components; 
(2) advising and supporting the Air Force on 
strategies to mitigate technical and schedule fuse 
risks; and 
(3) otherwise ensuring the expertise of the Na-
tional Nuclear Security Administration in fuse and 
warhead design and manufacturing is available to 
support successful development and sustainment of the 
fuse over its lifetime. 
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(b) BUDGET REQUEST.—The Administrator shall in-
clude, in the budget justification materials submitted to 
Congress in support of the budget of the Department of En-
ergy for fiscal year 2024 (as submitted with the budget of 
the President under section 1105(a) of title 31, United 
States Code), a request for amounts sufficient to ensure that 
the assistance provided to the Air Force under the agree-
ment under subsection (a) does not negatively affect ongoing 
nuclear modernization programs of the Administration. 
(c) NUCLEAR WEAPONS COUNCIL REVIEW.—During 
the life of the agreement under subsection (a), the Nuclear 
Weapons Council established under section 179 of title 10, 
United States Code, shall review the agreement as part of 
the annual review by the Council of the budget of the Na-
tional Nuclear Security Administration and ensure that as-
sistance provided under such agreement aligns with ongoing 
programs of record between the Department of Defense and 
the National Nuclear Security Administration. 
(d) TRANSMITTAL OF AGREEMENT.—Not later than 
120 days after the date of the enactment of this Act, the 
Nuclear Weapons Council shall transmit to the congres-
sional defense committees the agreement under subsection 
(a) and any comments that the Council considers appro-
priate. 
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SEC. 3123. DETERMINATION OF STANDARDIZED INDIRECT 
COST ELEMENTS. 
(a) IN GENERAL.—Not later than March 31, 2025, the 
Deputy Chief Financial Officer of the Department of En-
ergy shall, in consultation with the Administrator for Nu-
clear Security and the Director of the Office of Science, de-
termine standardized indirect cost elements to be reported 
by contractors to the Administrator. 
(b) REPORT.—Not later than 90 days after the date 
that the determination required by subsection (a) is made, 
the Deputy Chief Financial Officer shall, in coordination 
with the Administrator and the Director, submit to the con-
gressional defense committees a report describing the stand-
ardized indirect cost elements determined under subsection 
(a) and a plan to require contractors to report, beginning 
in fiscal year 2026, such standardized indirect cost elements 
to the Administrator. 
(c) STANDARDIZED INDIRECT COST ELEMENTS DE-
FINED.—In this section, the term ‘‘standardized indirect 
cost elements’’ means the categories of indirect costs in-
curred by management and operating contractors that re-
ceive funds to perform work for the National Nuclear Secu-
rity Administration. 
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SEC. 3124. CERTIFICATION OF COMPLETION OF MILE-
STONES WITH RESPECT TO PLUTONIUM PIT 
AGING. 
(a) REQUIREMENT.—The Administrator for Nuclear 
Security shall complete the milestones on plutonium pit 
aging identified in the report entitled ‘‘Research Program 
Plan for Plutonium and Pit Aging’’, published by the Na-
tional Nuclear Security Administration in September 2021. 
(b) ASSESSMENTS.—The Administrator shall— 
(1) acting through the Defense Programs Advi-
sory Committee, conduct biennial reviews during the 
period beginning not later than one year after the 
date of the enactment of this Act and ending Decem-
ber 31, 2030, regarding the progress achieved toward 
completing the milestones described in subsection (a); 
and 
(2) seek to enter into an arrangement with the 
private scientific advisory group known as JASON to 
conduct, not later than 2030, an assessment of pluto-
nium pit aging. 
(c) BRIEFINGS.—During the period beginning not 
later than one year after the date of the enactment of this 
Act and ending December 31, 2030, the Administrator shall 
provide to the congressional defense committees biennial 
briefings on— 
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(1) the progress achieved toward completing the 
milestones described in subsection (a); and 
(2) the results of the assessments described in 
subsection (b). 
(d) CERTIFICATION
OF
COMPLETION
OF
MILE-
STONES.—Not later than October 1, 2031, the Adminis-
trator shall— 
(1) certify to the congressional defense commit-
tees whether the milestones described in subsection (a) 
have been achieved; and 
(2) if the milestones have not been achieved, sub-
mit to such committees a report— 
(A) describing the reasons such milestones 
have not been achieved; 
(B) including, if the Administrator deter-
mines the Administration will not be able to 
meet one of such milestones, an explanation for 
that determination; and 
(C) specifying new dates for the completion 
of the milestones the Administrator anticipates 
the Administration will meet. 
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SEC. 3125. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION FACILITY ADVANCED MANUFACTURING 
DEVELOPMENT. 
(a) IN GENERAL.—Of the funds authorized to be ap-
propriated by this Act for fiscal year 2023 for the National 
Nuclear Security Administration for nuclear weapons pro-
duction facilities, the Administrator for Nuclear Security 
may authorize an amount, not to exceed 5 percent of such 
funds, to be used by the director of each such facility to 
engage in research, development, and demonstration activi-
ties in order to maintain and enhance the engineering and 
manufacturing capabilities at such facility. 
(b) NUCLEAR WEAPONS PRODUCTION FACILITY DE-
FINED.—In this section, the term ‘‘nuclear weapons produc-
tion facility’’ has the meaning given that term in section 
4002 of the Atomic Energy Defense Act (50 U.S.C. 2501). 
SEC. 3126. AUTHORIZATION OF WORKFORCE DEVELOPMENT 
AND 
TRAINING 
PARTNERSHIP 
PROGRAMS 
WITHIN NATIONAL NUCLEAR SECURITY AD-
MINISTRATION. 
(a) AUTHORITY.—The Administrator for Nuclear Se-
curity may authorize management and operating contrac-
tors at covered facilities to develop and implement workforce 
development and training partnership programs to further 
the education and training of employees or prospective em-
ployees of such management and operating contractors to 
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meet the requirements of section 4219 of the Atomic Energy 
Defense Act (50 U.S.C. 2538a). 
(b) CAPACITY.—To carry out subsection (a), a man-
agement and operating contractor at a covered facility may 
provide funding through grants or other means to cover the 
costs of the development and implementation of a workforce 
development and training partnership program authorized 
under such subsection, including costs relating to cur-
riculum development, hiring of teachers, procurement of 
equipment and machinery, use of facilities or other prop-
erties, and provision of scholarships and fellowships. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered facility’’ means— 
(A) Los Alamos National Laboratory, Los 
Alamos, New Mexico; or 
(B) the Savannah River Site, Aiken, South 
Carolina. 
(2) The term ‘‘prospective employee’’ means an 
individual who has applied (or who, based on their 
field of study and experience, is likely to apply) for 
a position of employment with a management and 
operating contractor to support plutonium pit pro-
duction at a covered facility. 
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Subtitle C—Reports and Other 
Matters 
SEC. 3131. MODIFICATION TO CERTAIN REPORTING RE-
QUIREMENTS. 
(a) REPORTS ON NUCLEAR WARHEAD ACQUISITION 
PROCESS.—Section 4223 of the Atomic Energy Defense Act 
(50 U.S.C. 2538e) is amended— 
(1) in subsection (a)(2)(A), by striking ‘‘submit 
to the congressional defense committees a plan’’ and 
inserting ‘‘provide to the congressional defense com-
mittees a briefing on a plan’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘certify 
to the congressional defense committees that’’ and 
inserting ‘‘provide to the congressional defense 
committees a briefing that includes certifications 
that—’’; and 
(B) in paragraph (2)— 
(i) by inserting ‘‘, or provide to such 
committees a briefing on,’’ after ‘‘a report 
containing’’; and 
(ii) by inserting ‘‘or briefing, as the 
case may be’’ after ‘‘date of the report’’. 
(b) REPORTS
ON TRANSFERS
OF CIVIL NUCLEAR 
TECHNOLOGY.—Section 3136 of the National Defense Au-
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thorization Act for Fiscal Year 2016 (42 U.S.C. 2077a) is 
amended— 
(1) by redesignating subsection (i) as subsection 
(j); and 
(2) by inserting after subsection (h) the following 
new subsection: 
‘‘(i) COMBINATION OF REPORTS.—The Secretary of 
Energy may submit the annual reports required by sub-
sections (a), (d), and (e) as a single annual report, includ-
ing by providing portions of the information so required 
as an annex to the single annual report.’’. 
(c) CONFORMING AMENDMENT.—Section 161 n. of the 
Atomic Energy Act of 1954 (50 U.S.C. 2201(n)) is amended 
by striking ‘‘section 3136(i) of the National Defense Author-
ization Act for Fiscal Year 2016 (42 U.S.C. 2077a(i)))’’ and 
inserting ‘‘section 3136 of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (42 U.S.C. 2077a))’’. 
SEC. 3132. REPEAL OF OBSOLETE PROVISIONS OF THE 
ATOMIC ENERGY DEFENSE ACT AND OTHER 
PROVISIONS. 
(a) REPEAL OF PROVISIONS OF THE ATOMIC ENERGY 
DEFENSE ACT.— 
(1) IN GENERAL.—The Atomic Energy Defense 
Act (50 U.S.C. 2501 et seq.) is amended— 
(A) in title XLII— 
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thorization Act for Fiscal Year 2005 (50 U.S.C. 2570, 
2571) are repealed. 
(3) REQUIREMENT FOR RESEARCH AND DEVEL-
OPMENT PLAN AND REPORT WITH RESPECT TO NU-
CLEAR
FORENSICS
CAPABILITIES.—Section 3114 of 
the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (50 U.S.C. 2574) is re-
pealed. 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
Sec. 3201. Authorization. 
Sec. 3202. Continuation of functions and powers during loss of quorum. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 
2023, $41,401,400 for the operation of the Defense Nuclear 
Facilities Safety Board under chapter 21 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2286 et seq.). 
SECTION 3202. CONTINUATION OF FUNCTIONS AND POW-
ERS DURING LOSS OF QUORUM. 
Section 311(e) of the Atomic Energy Act of 1954 (42 
U.S.C. 2286(e)) is amended— 
(1) by striking ‘‘Three members’’ and inserting 
‘‘(1) Three members’’; and 
(2) by adding at the end the following new para-
graphs: 
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‘‘(2) In accordance with paragraph (4), during a cov-
ered period, the Chairperson, in consultation with an eligi-
ble member, may carry out the functions and powers of the 
Board under sections 312 through 316, notwithstanding 
that a quorum does not exist. 
‘‘(3) Not later than 30 days after a covered period be-
gins, the Chairperson shall notify the congressional defense 
committees that a quorum does not exist. 
‘‘(4) The Chairperson may make recommendations to 
the Secretary of Energy and initiate investigations into de-
fense nuclear facilities under section 312 pursuant to para-
graph (2) only if— 
‘‘(A) a period of 30 days elapses following the 
date on which the Chairperson submits the notifica-
tion required under paragraph (3); 
‘‘(B) not later than 30 days after making any 
such recommendation or initiating any such inves-
tigation, the Chairperson notifies the congressional 
defense committees of such recommendation or inves-
tigation; and 
‘‘(C) any eligible member concurs with such rec-
ommendation or investigation. 
‘‘(5) In this subsection: 
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‘‘(A) The term ‘congressional defense committees’ 
has the meaning given such term in section 101(a) of 
title 10, United States Code. 
‘‘(B) The term ‘covered period’ means a period 
beginning on the date on which a quorum specified in 
paragraph (1) does not exist by reason of either or 
both a vacancy in the membership of the Board or the 
incapacity of a member of the Board and ending on 
the earlier of— 
‘‘(i) the date that is one year after such be-
ginning date; or 
‘‘(ii) the date on which a quorum exists. 
‘‘(C) The term ‘eligible member’ means a member 
of the Board, other than the Chairperson, serving dur-
ing a covered period and who is not incapacitated.’’. 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $13,004,000 for fiscal 
year 2023 for the purpose of carrying out activities under 
chapter 869 of title 10, United States Code, relating to the 
naval petroleum reserves. 
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(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
Subtitle A—Maritime Administration 
Sec. 3501. Authorization of appropriations for the Maritime Administration. 
Sec. 3502. Secretary of Transportation responsibility with respect to cargoes pro-
cured, furnished, or financed by other Federal departments and 
agencies. 
Subtitle B—Merchant Marine Academy 
Sec. 3511. Exemption of certain students from requirement to obtain merchant 
mariner license. 
Sec. 3512. Board of Visitors. 
Sec. 3513. Protection of cadets from sexual assault onboard vessels. 
Sec. 3514. Service academy faculty parity of use of United States Government 
works. 
Sec. 3515. Reports on matters relating to the United States Merchant Marine 
Academy. 
Sec. 3516. Study on Capital Improvement Program at the USMMA. 
Sec. 3517. Requirements relating to training of Merchant Marine Academy cadets 
on certain vessels. 
Subtitle C—Maritime Infrastructure 
Sec. 3521. United States marine highway program. 
Sec. 3522. Port infrastructure development grants. 
Sec. 3523. Project selection criteria for port infrastructure development program. 
Sec. 3524. Infrastructure improvements identified in the report on strategic sea-
ports. 
Sec. 3525. GAO review of Government efforts to promote growth and moderniza-
tion of United States Merchant Fleet. 
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure resiliency 
and disaster preparedness. 
Sec. 3527. Study on foreign investment in shipping. 
Sec. 3528. Report on alternate marine fuel bunkering facilities at ports. 
Sec. 3529. Study of cybersecurity and national security threats posed by foreign 
manufactured cranes at United States ports. 
Subtitle D—Maritime Workforce 
Sec. 3531. Improving Protections for Midshipmen. 
Sec. 3532. Maritime Technical Advancement Act. 
Sec. 3533. Ensuring diverse mariner recruitment. 
Sec. 3534. Low emissions vessels training. 
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Subtitle E—Other Matters 
Sec. 3541. Waiver of navigation and vessel inspection laws. 
Sec. 3542. National maritime strategy. 
Sec. 3543. Maritime Environmental and Technical Assistance Program. 
Sec. 3544. Definition of qualified vessel. 
Sec. 3545. Establishing a capital construction fund. 
Sec. 3546. Recapitalization of National Defense Reserve Fleet. 
Sec. 3547. Sense of Congress on Merchant Marine. 
Sec. 3548. Analysis of effects of chemicals in stormwater runoff on Pacific salmon 
and steelhead. 
Sec. 3549. Report on effective vessel quieting measures. 
Subtitle A—Maritime 
Administration 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR THE 
MARITIME ADMINISTRATION. 
(a) MARITIME ADMINISTRATION.—There are author-
ized to be appropriated to the Department of Transpor-
tation for fiscal year 2023, for programs associated with 
maintaining the United States Merchant Marine, the fol-
lowing amounts: 
(1) For expenses necessary to support the United 
States Merchant Marine Academy, $112,848,000, of 
which— 
(A) $87,848,000 shall be for Academy oper-
ations; 
(B) $22,000,000 shall be for facilities main-
tenance and repair and equipment; and 
(C) $3,000,000 shall be for training, staff-
ing, retention, recruiting, and contract manage-
ment for United States Merchant Marine Acad-
emy capital improvement projects. 
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(2) For expenses necessary to support the State 
maritime academies, $53,780,000, of which— 
(A) $2,400,000 shall be for the Student In-
centive Program; 
(B) $6,000,000 shall be for direct payments 
for State maritime academies; 
(C) $6,800,000 shall be for training ship 
fuel assistance; 
(D) $8,080,000 shall be for offsetting the 
costs of training ship sharing; and 
(E) $30,500,000 shall be for maintenance 
and repair of State maritime academy training 
vessels. 
(3) For expenses necessary to support the Na-
tional Security Multi-Mission Vessel Program, includ-
ing funds for construction and necessary expenses to 
construct shoreside infrastructure to support such ves-
sels, $75,000,000. 
(4) For expenses necessary to support Maritime 
Administration 
operations 
and 
programs, 
$131,433,000, of which— 
(A) $15,000,000 shall be for the Maritime 
Environmental and Technical Assistance pro-
gram authorized under section 50307 of title 46, 
United States Code; 
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the national security needs of the United States under 
chapter 531 of title 46, United States Code, 
$318,000,000. 
(7) For expenses necessary for the loan guarantee 
program authorized under chapter 537 of title 46, 
United States Code, $33,000,000, of which— 
(A) $30,000,000 may be for the cost (as de-
fined in section 502(5) of the Federal Credit Re-
form Act of 1990 (2 U.S.C. 661a(5))) of loan 
guarantees under the program; and 
(B) $3,000,000 may be used for administra-
tive expenses relating to loan guarantee commit-
ments under the program. 
(8) For expenses necessary to provide assistance 
to small shipyards and for maritime training pro-
grams authorized under section 54101 of title 46, 
United States Code, $30,000,000. 
(9) For expenses necessary to implement the Port 
Infrastructure Development Program, as authorized 
under section 54301 of title 46, United States Code, 
$750,000,000, to remain available until expended, ex-
cept that no such funds authorized under this title for 
this program may be used to provide a grant to pur-
chase fully automated cargo handling equipment that 
is remotely operated or remotely monitored with or 
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without the exercise of human intervention or control, 
if the Secretary of Transportation determines such 
equipment would result in a net loss of jobs within 
a port or port terminal. If such a determination is 
made, the data and analysis for such determination 
shall be reported to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives not later than 3 days 
after the date of the determination. 
(b) TANKER SECURITY PROGRAM.— 
(1) FUNDING.—Section 53411 of title 46, United 
States Code, is amended by striking ‘‘through 2035’’ 
and inserting ‘‘and 2023, and $120,000,000 for fiscal 
years 2024 through 2035’’. 
(2) INCREASE IN NUMBER OF VESSELS.—Section 
53403(c) of title 46, United States Code, is amend-
ed— 
(A) by striking ‘‘For any fiscal year, the 
Secretary’’ and inserting ‘‘The Secretary’’; 
(B) by striking ‘‘more than 10 vessels’’ and 
inserting ‘‘more than—’’; and 
(C) by adding at the end the following new 
paragraphs: 
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‘‘(1) for each of fiscal years 2022 and 2023, 10 
vessels; and 
‘‘(2) for any subsequent fiscal year, 20 vessels.’’. 
(c) REPORT.—Not later than June 30, 2023, the Mari-
time Administrator shall prepare and submit to the Com-
mittees on Armed Services of the House of Representatives 
and of the Senate, to the Committee on Transportation and 
Infrastructure of the House of Representatives, and to the 
Committee on Commerce, Science, and Transformation of 
the Senate a report that includes the following: 
(1) An assessment of industry capacity to sup-
port an expansion of the Tanker Security Program 
pursuant to section 53411 of title 46, United States 
Code, as amended by subsection (b)(1), and section 
53403(c) of title 46, United States Code, as amended 
by subsection (b)(2). 
(2) An implementation timeline for entering 10- 
vessels into the Tanker Security Program not later 
than September 30, 2023, including all vessel conver-
sion requirements, and crew training requirements. 
(3) An implementation timeline for entering 20- 
vessels into the Tanker Security Program not later 
than September 30, 2024, including all vessel conver-
sion requirements, and crew training requirements. 
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(4) An assessment of whether the $6,000,000 per- 
vessel stipend meets requirements to attract and sus-
tain the full 20-vessel requirement for the Tanker Se-
curity Program. 
(5) An assessment of the need for additional au-
thorities to offset the costs associated with converting 
vessels into CONSOL-capable vessels, and to offset the 
costs associated with training the crews to operate 
such vessels. 
(6) Other matters the Administrator deems ap-
propriate. 
SEC. 3502. SECRETARY OF TRANSPORTATION RESPONSI-
BILITY WITH RESPECT TO CARGOES PRO-
CURED, FURNISHED, OR FINANCED BY OTHER 
FEDERAL DEPARTMENTS AND AGENCIES. 
(a) IN GENERAL.—Not later than 270 days after the 
date of the enactment of this Act, the Administrator of the 
Maritime Administration shall issue a final rule to imple-
ment and enforce section 55305(d) of title 46, United States 
Code. 
(b) 
PROGRAMS
OF
OTHER
AGENCIES.—Section 
55305(d)(2)(A) of title 46, United States Code, is amended 
by inserting after ‘‘section’’ the following: ‘‘and annually 
submit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
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Commerce, Science, and Transportation of the Senate a re-
port on the administration of such programs’’. 
Subtitle B—Merchant Marine 
Academy 
SEC. 3511. EXEMPTION OF CERTAIN STUDENTS FROM RE-
QUIREMENT TO OBTAIN MERCHANT MARINER 
LICENSE. 
Section 51309 of title 46, United States Code, is 
amended— 
(1) in subsection (a)(2)— 
(A) by inserting ‘‘able or’’ before ‘‘allowed’’; 
(B) by striking ‘‘only because of physical 
disqualification may’’ and inserting ‘‘solely due 
to a documented medical or psychological condi-
tion shall’’; and 
(C) in the paragraph heading, by inserting 
‘‘OR PSYCHOLOGICAL’’ after ‘‘PHYSICAL’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(d) DEFINITION OF DOCUMENTED MEDICAL OR PSY-
CHOLOGICAL CONDITION.—In this section the term ‘docu-
mented medical or psychological condition’ means, with re-
spect to an individual, a physical disqualification or psy-
chological condition, including a mental health condition 
arising from sexual assault or sexual harassment, for which 
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the individual has been treated or is being treated by a med-
ical or psychological provider.’’. 
SEC. 3512. BOARD OF VISITORS. 
Section 51312 of title 46, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (2)— 
(i) by redesignating subparagraph (C) 
as subparagraph (D); 
(ii) in subparagraph (D), as so redes-
ignated, by striking ‘‘flag-rank who’’ and 
inserting ‘‘flag-rank’’; 
(iii) in subparagraph (B), by striking 
‘‘and’’ after the semicolon; and 
(iv) by inserting after subparagraph 
(B) the following: 
‘‘(C) at least 1 shall be a representative of 
a maritime labor organization; and’’; and 
(B) in paragraph (3), by adding at the end 
the following: 
‘‘(C) REPLACEMENT.—If a member of the 
Board is replaced, not later than 60 days after 
the date of the replacement, the Designated Fed-
eral Officer selected under subsection (g)(2) shall 
notify that member.’’; 
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(A) by inserting ‘‘and ranking member’’ 
after ‘‘chairman’’ each place the term appears; 
and 
(B) by adding at the end the following: 
‘‘Such staff may attend meetings and may visit 
the Academy.’’. 
SEC. 3513. PROTECTION OF CADETS FROM SEXUAL AS-
SAULT ONBOARD VESSELS. 
(a) IN GENERAL.—Section 51322 of title 46, United 
States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) SAFETY CRITERIA.—The Maritime Adminis-
trator, after consulting with the Commandant of the Coast 
Guard, shall establish— 
‘‘(1) criteria, to which an owner or operator of 
a vessel engaged in commercial service shall adhere 
prior to carrying a cadet performing their Sea Year 
service from the United States Merchant Marine 
Academy, that addresses prevention of, and response 
to, sexual harassment, dating violence, domestic vio-
lence, sexual assault, and stalking; and 
‘‘(2) a process for collecting pertinent informa-
tion from such owners or operators and verifying 
their compliance with the criteria. 
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‘‘(b) MINIMUM STANDARDS.—At a minimum, the cri-
teria established under subsection (a) shall require the vessel 
owners or operators to have policies that address— 
‘‘(1) communication between a cadet and an in-
dividual ashore who is trained in responding to inci-
dents of sexual harassment, dating violence, domestic 
violence, sexual assault, and stalking; 
‘‘(2) the safety and security of cadet staterooms 
while a cadet is onboard the vessel; 
‘‘(3) requirements for crew to report complaints 
or incidents of sexual assault, sexual harassment, dat-
ing violence, domestic violence, and stalking con-
sistent with the requirements in section 10104; 
‘‘(4) the maintenance of records of reports of sex-
ual harassment, dating violence, domestic violence, 
sexual assault, and stalking onboard a vessel carrying 
a cadet; 
‘‘(5) the maintenance of records of sexual harass-
ment, dating violence, domestic violence, sexual as-
sault, and stalking training as required under sub-
section (f); 
‘‘(6) a requirement for the owner or operator 
provide each cadet a copy of the policies and proce-
dures related to sexual harassment, dating violence, 
domestic violence, sexual assault, and stalking policies 
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that pertain to the vessel on which they will be em-
ployed; and 
‘‘(7) any other issues the Maritime Adminis-
trator determines necessary to ensure the safety of ca-
dets during Sea Year training. 
‘‘(c) SELF-CERTIFICATION
BY OWNERS
OR OPERA-
TORS.—The Maritime Administrator shall require the 
owner or operator of any commercial vessel that is carrying 
a cadet from the United States Merchant Marine Academy 
to annually certify that— 
‘‘(1) the vessel owner or operator is in compli-
ance with the criteria established under subsection 
(a); and 
‘‘(2) the vessel is in compliance with the Inter-
national Convention of Safety of Life at Sea, 1974 
(32 UST 47) and sections 8106 and 70103(c). 
‘‘(d) INFORMATION, TRAINING, AND RESOURCES.—The 
Maritime Administrator shall ensure that a cadet partici-
pating in Sea Year— 
‘‘(1) receives training specific to vessel safety, in-
cluding sexual harassment, dating violence, domestic 
violence, sexual assault, and stalking prevention and 
response training, prior to the cadet boarding a vessel 
for Sea Year training; 
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‘‘(2) is equipped with an appropriate means of 
communication and has been trained on its use; 
‘‘(3) has access to a helpline to report incidents 
of sexual harassment, dating violence, domestic vio-
lence, sexual assault, or stalking that is monitored by 
trained personnel; and 
‘‘(4) is informed of the legal requirements for 
vessel owners and operators to provide for the security 
of individuals onboard, including requirements under 
section 70103(c) and chapter 81.’’; 
(2) by redesignating subsections (b) through (d) 
as subsections (e) through (g), respectively; 
(3) in subsection (e), as so redesignated, by strik-
ing paragraph (2) and inserting the following new 
paragraphs: 
‘‘(2) ACCESS TO INFORMATION.—The vessel oper-
ator shall make available to staff conducting a vessel 
check such information as the Maritime Adminis-
trator determines is necessary to determine whether 
the vessel is being operated in compliance with the 
criteria established under subsection (a). 
‘‘(3) REMOVAL
OF
STUDENTS.—If staff of the 
Academy or staff of the Maritime Administration de-
termine that a commercial vessel is not in compliance 
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with the criteria established under subsection (a), the 
staff— 
‘‘(A) may remove a cadet of the Academy 
from the vessel; and 
‘‘(B) shall report such determination of 
non-compliance to the owner or operator of the 
vessel.’’; 
(4) in subsection (f), as so redesignated, by strik-
ing ‘‘or the seafarer union’’ and inserting ‘‘and the 
seafarer union’’; and 
(5) by adding at the end the following: 
‘‘(h) NONCOMMERCIAL VESSELS.— 
‘‘(1) IN GENERAL.—A public vessel (as defined 
in section 2101) shall not be subject to the require-
ments of this section. 
‘‘(2) REQUIREMENTS FOR PARTICIPATION.—The 
Maritime Administrator may establish criteria and 
requirements that the operators of public vessels shall 
meet to participate in the Sea Year program of the 
United States Merchant Marine Academy that ad-
dresses prevention of, and response to, sexual harass-
ment, dating violence, domestic violence, sexual as-
sault, and stalking. 
‘‘(i) SHARING OF BEST PRACTICES.—The Maritime 
Administrator shall share with State maritime academies 
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best practices for, and lessons learned with respect to, the 
prevention of, and response to, sexual harassment, dating 
violence, domestic violence, sexual assault, and stalking.’’. 
(b) REGULATIONS.— 
(1) IN GENERAL.—The Maritime Administrator 
may prescribe rules necessary to carry out the amend-
ments made by this section. 
(2) INTERIM RULES.—The Maritime Adminis-
trator may prescribe interim rules necessary to carry 
out the amendments made by this section. For this 
purpose, the Maritime Administrator in prescribing 
rules under paragraph (1) is excepted from compli-
ance with the notice and comment requirements of 
section 553 of title 5, United States Code. All rules 
prescribed under the authority of the amendments 
made by this section shall remain in effect until su-
perseded by a final rule. 
(c) CONFORMING AMENDMENTS.— 
(1) SEA YEAR COMPLIANCE.—Section 3514 of the 
National Defense Authorization Act for Fiscal Year 
2017 (46 U.S.C. 51318 note) is repealed. 
(2) ACCESS OF ACADEMY CADETS TO DOD SAFE 
OR EQUIVALENT HELPLINE.—Section 3515 of the Na-
tional Defense Authorization Act for Fiscal Year 2018 
(46 U.S.C. 51518 note) is amended by striking sub-
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‘‘(A) the Secretary of Transportation, with 
respect to the United States Merchant Marine 
Academy; 
‘‘(B) the Secretary of Homeland Security, 
with respect to the United States Coast Guard 
Academy; or 
‘‘(C) the Secretary of Defense, with respect 
to any other covered institution under paragraph 
(2).’’. 
SEC. 3515. REPORTS ON MATTERS RELATING TO THE 
UNITED STATES MERCHANT MARINE ACAD-
EMY. 
(a) REPORT ON IMPLEMENTATION OF NAPA REC-
OMMENDATIONS.— 
(1) IN
GENERAL.—In accordance with para-
graph (3), the Secretary of Transportation shall sub-
mit to the appropriate congressional committees re-
ports on the status of the implementation of the rec-
ommendations specified in paragraph (4). 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include the following: 
(A) A description of the status of the imple-
mentation of each recommendation specified in 
paragraph (4), including whether the Sec-
retary— 
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(i) concurs with the recommendation; 
(ii) partially concurs with the rec-
ommendation; 
(iii) does not concur with the rec-
ommendation; or 
(iv) determines the recommendation is 
not applicable to the Department of Trans-
portation. 
(B) An explanation of— 
(i) with respect to a recommendation 
with which the Secretary concurs, the ac-
tions the Secretary intends to take to imple-
ment such recommendation, including— 
(I) any rules, regulations, policies, 
or other guidance that have been 
issued, revised, changed, or cancelled as 
a result of the implementation of the 
recommendation; and 
(II) any impediments to the im-
plementation of the recommendation; 
(ii) with respect to a recommendation 
with which the Secretary partially concurs, 
the actions the Secretary intends to take to 
implement the portion of such recommenda-
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tion with which the Secretary concurs, in-
cluding— 
(I) intermediate actions, milestone 
dates, and the expected completion date 
for the implementation of the portion 
of the recommendation; and 
(II) any rules, regulations, poli-
cies, or other guidance that are ex-
pected to be issued, revised, changed, or 
cancelled as a result of the implemen-
tation of the portion of the rec-
ommendation; 
(iii) with respect to a recommendation 
with which the Secretary does not concur, 
an explanation of why the Secretary does 
not concur with such recommendation; 
(iv) with respect to a recommendation 
that the Secretary determines is not appli-
cable to the Department of Transportation, 
an explanation of the reasons for the deter-
mination; and 
(v) any statutory changes that may be 
necessary— 
(I) to fully implement the rec-
ommendations specified in paragraph 
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(4) with which the Secretary concurs; 
or 
(II) to partially implement the 
recommendations specified in such 
paragraph with which the Secretary 
partially concurs. 
(C) A visual depiction of the status of the 
completion of the recommendations specified in 
paragraph (4). 
(3) TIMING
OF
REPORTS.—The Secretary of 
Transportation shall submit an initial report under 
paragraph (1) not later than 180 days after the date 
of the enactment of this Act. Following the submittal 
of the initial report, the Secretary shall submit up-
dated versions of the report not less frequently than 
once every 180 days until the date on which the Sec-
retary submits to the appropriate congressional com-
mittees a certification that each recommendation 
specified in paragraph (4)— 
(A) with which the Secretary concurs— 
(i) has been fully implemented; or 
(ii) cannot be fully implemented, in-
cluding an explanation of why; and 
(B) with which the Secretary partially con-
curs— 
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(i) has been partially implemented; or 
(ii) cannot be partially implemented, 
including an explanation of why. 
(4) RECOMMENDATIONS
SPECIFIED.—The rec-
ommendations specified in this paragraph are the rec-
ommendations set forth in the report prepared by a 
panel of the National Academy of Public Administra-
tion pursuant to section 3513 of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 
116–92; 133 Stat. 1979) titled ‘‘Organizational As-
sessment of the U.S. Merchant Marine Academy: A 
Path Forward’’, dated November 2021. 
(b) REPORT ON IMPLEMENTATION OF POLICY RELAT-
ING TO SEXUAL HARASSMENT AND OTHER MATTERS.—Not 
later than one year after the date of the enactment of this 
Act, the Secretary of Transportation shall submit to the ap-
propriate congressional committees a report on the status 
of the implementation of the policy on sexual harassment, 
dating violence, domestic violence, sexual assault, and stalk-
ing at the United States Merchant Marine Academy, as re-
quired under section 51318 of title 46, United States Code. 
(c) INSPECTOR GENERAL AUDIT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Inspector 
General of the Department of Transportation shall 
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initiate an audit of the actions taken by the Maritime 
Administration to address only the following rec-
ommendations identified by a National Academy of 
Public Administration panel in the November 2021 
report titled ‘‘Organizational Assessment of the 
United States Merchant Marine Academy: A Path 
Forward’’: 
(A) Recommendations 4.1 through 4.3. 
(B) Recommendations 4.7 through 4.11. 
(C) Recommendations 5.1 through 5.4. 
(D) Recommendations 5.6, 5.7, 5.11, 5.14, 
5.15, 5.16, 6.6, and 6.7. 
(E) Recommendations 6.1 through 6.4. 
(2) REPORT.—After the completion of the audit 
required under paragraph (1), the Inspector General 
shall submit to the appropriate congressional commit-
tees, and make publicly available, a report containing 
the results of the audit. 
(d) IMPLEMENTATION OF RECOMMENDATIONS FROM 
THE NATIONAL ACADEMY OF PUBLIC ADMINISTRATION.— 
(1) AGREEMENT FOR STUDY BY NATIONAL ACAD-
EMY OF PUBLIC ADMINISTRATION.— 
(A) IN GENERAL.—Not later than 30 days 
after the date of enactment of this Act, the Sec-
retary of Transportation shall seek to enter into 
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an agreement with the National Academy of 
Public Administration (referred to in this section 
as the ‘‘Academy’’) under which the Academy 
shall provide support for— 
(i) prioritizing and addressing the rec-
ommendations referred to subsection (c)(1) 
and establishing a process for prioritizing 
other recommendations in the future; 
(ii) the development of— 
(I) long-term processes and a 
timeframe for long-term process im-
provements; and 
(II) corrective actions and best 
practice criteria that can be imple-
mented in the medium- and near-term; 
(iii) the establishment of a clear as-
signment of responsibility for the implemen-
tation of each recommendation referred to 
in subsection (c)(1), and a strategy for as-
signing other recommendations in the fu-
ture; and 
(iv) a performance measurement sys-
tem, including data collection and tracking 
and evaluating progress toward goals of the 
Merchant Marine Academy. 
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(B) REPORT OF PROGRESS.—Not later than 
one year after the date of an agreement entered 
into pursuant to subparagraph (A), the Sec-
retary of Transportation, in consultation with 
the Administrator of the Merchant Marine Acad-
emy, shall submit to the Maritime Administrator 
and the appropriate congressional committees a 
report on the progress made in implementing the 
recommendations referred to in subsection (c)(1). 
(2) 
PRIORITIZATION
AND
IMPLEMENTATION 
PLAN.— 
(A) IN GENERAL.—Not later than one year 
after the date of enactment of this Act, the Mari-
time Administrator shall submit to the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on 
Armed Services of the House of Representatives 
a prioritization and implementation plan to as-
sess, prioritize, and address the recommendations 
identified by the National Academy of Public 
Administration panel in the November 2021 re-
port titled ‘‘Organizational Assessment of the 
United States Merchant Marine Academy: A 
Path Forward’’ that Superintendent of the Mer-
chant Marine Academy determines are relevant 
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to the Maritime Administration, including the 
recommendations referred to in subsection (c)(1). 
The prioritization and implementation plan 
shall— 
(i) be developed using the strategies, 
processes, and systems developed pursuant 
to an agreement entered into under para-
graph (1); 
(ii) include estimated timelines and 
cost estimates for the implementation of pri-
ority goals; 
(iii) include summaries of stakeholder 
and interagency engagement used to assess 
goals and timelines; 
(iv) with respect to any recommenda-
tion the Superintendent determines is not 
relevant to the Maritime Administration, 
include an explanation for the determina-
tion; and 
(v) submitted to the Inspector General 
of the Department of Transportation and 
the appropriate congressional committees 
and made publicly available. 
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(B) AUDIT
AND
REPORT.—The Inspector 
General of the Department of Transportation 
shall— 
(i) not later than 180 days after the 
date on which the prioritization and imple-
mentation plan described in subparagraph 
(A) is made publicly available, initiate an 
audit of the actions taken by the Maritime 
Administration to address such plan; 
(ii) monitor the actions taken by the 
Maritime Administration to implement rec-
ommendations contained in the audit re-
quired under clause (i) and in prior audits 
of the Maritime Administration’s imple-
mentation of National Academy of Public 
Administration recommendations and peri-
odically initiate subsequent audits of the 
continued actions taken by the Maritime 
Administration to address the prioritization 
and implementation plan, as the Inspector 
General determines necessary; and 
(iii) after the completion of the audit 
required under clause (i), submit to the Ad-
ministrator of the Maritime Administration 
and the appropriate congressional commit-
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tees, and make publicly available, a report 
containing the results of the audit. 
(C) REPORT OF PROGRESS.—Not later than 
180 days after the date on which the report re-
quired under clause (ii) is made publicly avail-
able, and annually thereafter, the Administrator 
of the Maritime Administration shall submit to 
the Inspector General of the Department of 
Transportation and the appropriate congres-
sional committees a report that includes a de-
scription of— 
(i) the actions planned to be taken by 
the Maritime Administration, and esti-
mated timeframes, to implement any open 
or unresolved recommendation— 
(I) included in the report of the 
Inspector General required under sub-
section (B)(iii); or 
(II) referred to in subsection 
(c)(1); and 
(ii) an identification of any rec-
ommendation referred to in clause (i) for 
which the Maritime Administration failed 
to meet a target action date, or for which 
the Maritime Administration requested an 
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extension of time, and the reasons why such 
an extension was necessary. 
(3) AGREEMENT FOR PLAN ON CAPITAL IMPROVE-
MENTS.—Not later than 90 days after the date of the 
enactment of this Act, the Maritime Administrator 
shall seek to enter into an agreement with a Federal 
construction agent for the development of a plan to 
execute capital improvements at the United States 
Merchant Marine Academy. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section, the term ‘‘appropriate congressional commit-
tees’’ means— 
(1) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(2) the Subcommittee on Transportation, Hous-
ing and Urban Development, and Related Agencies of 
the Committee on Appropriations of the Senate; 
(3) the Committee on Transportation and Infra-
structure of the House of Representatives; 
(4) the Subcommittee on Transportation, Hous-
ing and Urban Development, and Related Agencies of 
the Committee on Appropriations of the House of 
Representatives; and 
(5) the Committee on Armed Services of the 
House of Representatives. 
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SEC. 3516. STUDY ON CAPITAL IMPROVEMENT PROGRAM AT 
THE USMMA. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study of the United States Merchant 
Marine Academy Capital Improvement Program. The study 
shall include an evaluation of— 
(1) the actions the United States Merchant Ma-
rine Academy has taken to bring the buildings, infra-
structure, and other facilities on campus into compli-
ance with applicable building codes and the further 
actions required for full compliance; 
(2) how the approach that the United States 
Merchant Marine Academy uses to manage its capital 
assets compares with national leading practices; 
(3) how cost estimates prepared for capital asset 
projects compares with cost estimating leading prac-
tices; 
(4) whether the United States Merchant Marine 
Academy has adequate staff who are trained to iden-
tify needed capital projects, estimate the cost of those 
projects, perform building maintenance, and manage 
capital improvement projects; and 
(5) how the United States Merchant Marine 
Academy identifies and prioritizes capital construc-
tion needs, and how the prioritization of such needs 
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relates to the safety, education, and wellbeing of mid-
shipmen. 
(b) REPORT.—Not later than 18 months after the date 
of the enactment of this section, the Comptroller General 
shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Trans-
portation and Infrastructure and the Committee on Armed 
Services of the House of Representatives a report containing 
the findings of the study conducted under subsection (a). 
SEC. 3517. REQUIREMENTS RELATING TO TRAINING OF 
MERCHANT MARINE ACADEMY CADETS ON 
CERTAIN VESSELS. 
(a) REQUIREMENTS RELATING TO PROTECTION OF CA-
DETS FROM SEXUAL ASSAULT ONBOARD VESSELS.— 
(1) IN
GENERAL.—Subsection (b) of section 
51307 of title 46, United States Code, is amended to 
read as follows: 
‘‘(b) SEA YEAR CADETS ON CERTAIN VESSELS.— 
‘‘(1) REQUIREMENTS.—The Secretary shall re-
quire an operator of a vessel participating in the 
Maritime Security Program under chapter 531 of this 
title, the Cable Security Fleet under chapter 532 of 
this title, or the Tanker Security Fleet under chapter 
534 of this title to— 
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‘‘(A) carry on each Maritime Security Pro-
gram vessel, Cable Security Fleet vessel, or Tank-
er Security Fleet vessel 2 United States Mer-
chant Marine Academy cadets, if available, on 
each voyage; and 
‘‘(B) implement and adhere to policies, pro-
grams, criteria, and requirements established 
pursuant to section 51322 of this title. 
‘‘(2) FAILURE TO IMPLEMENT OR ADHERE TO 
REQUIREMENTS.—Failure to implement or adhere to 
the policies, programs, criteria, and requirements re-
ferred to in paragraph (1) may, as determined by the 
Maritime Administrator, constitute a violation of an 
operating agreement entered into under chapter 531, 
532, or 534 of this title and the Maritime Adminis-
trator may— 
‘‘(A) require the operator to take corrective 
actions; or 
‘‘(B) withhold payment due to the operator 
until the violation, as determined by the Mari-
time Administrator, has been remedied. 
‘‘(3) 
WITHHELD
PAYMENTS.—Any 
payment 
withheld pursuant to paragraph (2)(B) may be paid, 
upon a determination by the Maritime Administrator 
that the operator is in compliance with the policies, 
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programs, criteria, and requirements referred to in 
paragraph (1).’’. 
(2) APPLICABILITY.—Paragraph (2) of sub-
section (b) of section 51307, as amended by para-
graph (1), shall apply with respect to any failure to 
implement or adhere to the policies, programs, cri-
teria, and requirements referred to in paragraph 
(1)(B) of such subsection that occurs on or after the 
date that is one year after the date of the enactment 
of this Act. 
(b) CONFORMING AMENDMENTS.—Title 46, United 
States Code, is further amended— 
(1) in section 53106(a)(2), by inserting ‘‘or sec-
tion 51307(b)’’ after ‘‘this section’’; 
(2) in section 53206(a)(2), by inserting ‘‘or sec-
tion 51307(b)’’ after ‘‘this section’’; and 
(3) in section 53406(a), by inserting ‘‘or section 
51307(b)’’ after ‘‘this section’’. 
Subtitle C—Maritime 
Infrastructure 
SEC. 3521. UNITED STATES MARINE HIGHWAY PROGRAM. 
(a) UNITED STATES MARINE HIGHWAY PROGRAM.— 
(1) IN
GENERAL.—Section 55601 of title 46, 
United States Code, is amended to read as follows: 
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‘‘§ 55601. United States marine highway program 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is in the Department 
of Transportation a program, to be known as the 
‘United States marine highway program’. 
‘‘(2) ADDITIONAL PROGRAM ACTIVITIES.—In car-
rying out the program established under this sub-
section, the Secretary of Transportation may— 
‘‘(A) coordinate with ports, State depart-
ments of transportation, localities, other public 
agencies, and appropriate private sector entities 
on the development of landside facilities and in-
frastructure to support marine highway trans-
portation; and 
‘‘(B) develop performance measures for the 
program. 
‘‘(b) MARINE HIGHWAY TRANSPORTATION ROUTES.— 
‘‘(1) DESIGNATION.—The Secretary may des-
ignate a route as a marine highway transportation 
route, or modify such a designation, if— 
‘‘(A) such route— 
‘‘(i) provides a coordinated and capa-
ble alternative to landside transportation; 
‘‘(ii) mitigates or relieves landside con-
gestion; 
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‘‘(iii) promotes marine highway trans-
portation; or 
‘‘(iv) uses vessels documented under 
chapter 121; and 
‘‘(B) such designation or modification is re-
quested by— 
‘‘(i) the government of a State or terri-
tory; 
‘‘(ii) a metropolitan planning organi-
zation; 
‘‘(iii) a port authority; 
‘‘(iv) a non-Federal navigation dis-
trict; or 
‘‘(v) a Tribal government. 
‘‘(2) DETERMINATION.—Not later than 180 days 
after the date on which the Maritime Administrator 
receives a request for the designation or modification 
of a marine highway route under paragraph (1), the 
Maritime Administrator shall make a determination 
of whether to make the requested designation or modi-
fication. 
‘‘(3) NOTIFICATION.—Not later than 14 days 
after the date on which the Maritime Administrator 
makes a determination under paragraph (2), the 
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Maritime Administrator shall notify the requester of 
the determination. 
‘‘(c) MAP OF MARINE HIGHWAY PROGRAM ROUTES.— 
‘‘(1) IN GENERAL.—The Maritime Administrator 
shall make publicly available a map showing the loca-
tion of marine highway routes, including such routes 
along the coasts, in the inland waterways, and at sea 
and update that map when a marine highway route 
is designated or modified pursuant to subsection (b). 
‘‘(2) COORDINATION.—The Maritime Adminis-
trator shall coordinate with the Administrator of the 
National Oceanic and Atmospheric Administration to 
incorporate the map referred to in paragraph (1) into 
the Marine Cadastre. 
‘‘(d) ASSISTANCE.— 
‘‘(1) IN
GENERAL.—The Secretary may make 
grants to, or enter into contracts or cooperative agree-
ments with, eligible entities to implement a marine 
highway transportation project or a component of 
such a project if the Secretary determines that the 
project or component— 
‘‘(A) meets the criteria referred to in sub-
section (b)(1)(A); and 
‘‘(B) develops, expands, or promotes— 
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‘‘(i) marine highway transportation; 
or 
‘‘(ii) shipper use of marine highway 
transportation. 
‘‘(2) APPLICATION.— 
‘‘(A) IN GENERAL.—To be eligible to receive 
a grant or to enter into a contract or cooperative 
agreement under this subsection, an eligible enti-
ty shall submit to the Secretary an application 
in such form and manner, and at such time, as 
the Secretary may require. Such an application 
shall include the following: 
‘‘(i) A comprehensive description of— 
‘‘(I) the marine highway route to 
be served by the marine highway trans-
portation project; 
‘‘(II) the supporters of the marine 
highway transportation project, which 
may include business affiliations, pri-
vate sector stakeholders, State depart-
ments of transportation, metropolitan 
planning organizations, municipali-
ties, or other governmental entities (in-
cluding Tribal governments), as appli-
cable; 
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‘‘(III) the need for such project; 
and 
‘‘(IV) the performance measure for 
the marine highway transportation 
project, such as volumes of cargo or 
passengers moved, or contribution to 
environmental mitigation, safety, re-
duced vehicle miles traveled, or reduced 
maintenance and repair costs. 
‘‘(ii) A demonstration, to the satisfac-
tion of the Secretary, that— 
‘‘(I) the marine highway trans-
portation project is financially viable; 
and 
‘‘(II) the funds or other assistance 
provided under this subsection will be 
spent or used efficiently and effectively. 
‘‘(iii) Such other information as the 
Secretary may require. 
‘‘(B) PRE-PROPOSAL.— 
‘‘(i) IN GENERAL.—Prior to accepting 
a full application under subparagraph (A), 
the Secretary may require that an eligible 
entity first submit a pre-proposal that con-
tains a brief description of the item referred 
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to in clauses (i) through (iii) of such sub-
paragraph. 
‘‘(ii) FEEDBACK.—Not later than 30 
days after receiving a pre-proposal under 
clause (i) from an eligible entity, the Sec-
retary shall provide to the eligible entity 
feedback to encourage or discourage the eli-
gible entity from submitting a full applica-
tion. An eligible entity may still submit a 
full application even if that eligible entity 
is not encouraged to do so after submitting 
a pre-proposal. 
‘‘(C) PROHIBITION.—The Secretary may 
not require separate applications for project des-
ignation and for assistance under this section. 
‘‘(D) GRANT APPLICATION FEEDBACK.—Fol-
lowing the award of assistance under this sub-
section for a particular fiscal year, the Secretary 
may provide feedback to an applicant to help 
such applicant improve future applications if the 
feedback is requested by that applicant. 
‘‘(3) TIMING.— 
‘‘(A) NOTICE OF FUNDING OPPORTUNITY.— 
The Secretary shall post a notice of funding op-
portunity regarding grants, contracts, or cooper-
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ative agreements under this subsection not more 
than 60 days after the date of the enactment of 
the appropriations Act for the fiscal year con-
cerned. 
‘‘(B) AWARDING OF ASSISTANCE.— The Sec-
retary shall award grants, contracts, or coopera-
tive agreements under this subsection not later 
than 270 days after the date of the enactment of 
the appropriations Act for the fiscal year con-
cerned. 
‘‘(4) NON-FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), not more than 80 percent of 
the funding for any project for which funding is 
provided under this subsection may come from 
Federal sources. 
‘‘(B) TRIBAL
GOVERNMENTS
AND
RURAL 
AREAS.—The Secretary may increase the Federal 
share of funding for the project to an amount 
above 80 percent in the case of an award of as-
sistance under this subsection— 
‘‘(i) to an eligible entity that is a Trib-
al government; or 
‘‘(ii) for a project located in a rural 
area. 
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‘‘(5) PREFERENCE
FOR
FINANCIALLY
VIABLE 
PROJECTS.— In awarding grants or entering into 
contracts or cooperative agreements under this sub-
section, the Secretary shall give a preference to a 
project or component of a project that presents the 
most financially viable transportation service and re-
quire the lowest percentage of Federal share of the 
funding. 
‘‘(6) TREATMENT OF UNEXPENDED FUNDS.—Not-
withstanding paragraph (3)(B), amounts awarded 
under this subsection that are not expended by the re-
cipient within five years after obligation of funds or 
that are returned shall remain available to the Sec-
retary to make grants and enter into contracts and 
cooperative agreements under this subsection. 
‘‘(7) CONDITIONS
ON
PROVISION
OF
ASSIST-
ANCE.—The Secretary may not provide assistance to 
an eligible entity under this subsection unless the Sec-
retary determines that— 
‘‘(A) sufficient funding is available to meet 
the non-Federal share requirement under para-
graph (4); 
‘‘(B) the marine highway project for which 
such assistance is provided will be completed 
without unreasonable delay; and 
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‘‘(C) the eligible entity has the authority to 
implement the proposed marine highway project. 
‘‘(8) PROHIBITED
USES.—Assistance provided 
under this subsection may not be used— 
‘‘(A) to improve port or land-based infra-
structure outside the United States; or 
‘‘(B) unless the Secretary determines that 
such activities are necessary to carry out the ma-
rine highway project for which such assistance is 
provided, to raise sunken vessels, construct build-
ings or other physical facilities, or acquire land. 
‘‘(9) GEOGRAPHIC
DISTRIBUTION.—In making 
grants, contracts, and cooperative agreements under 
this section the Secretary shall take such measures so 
as to ensure an equitable geographic distribution of 
funds. 
‘‘(10) ELIGIBLE ENTITY.—In this subsection, the 
term ‘eligible entity’ means— 
‘‘(A) a State, a political subdivision of a 
State, or a local government; 
‘‘(B) a United States metropolitan plan-
ning organization; 
‘‘(C) a United States port authority; 
‘‘(D) a Tribal government; or 
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‘‘(E) a United States private sector operator 
of marine highway projects or private sector 
owners of facilities, including an Alaska Native 
Corporation, with an endorsement letter from the 
requester of a marine highway route designation 
or 
modification 
referred 
to 
in 
subsection 
(b)(1)(B).’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
chapter 556 of title 46, United States Code, is amend-
ed by striking the item relating to section 55601 and 
inserting the following: 
‘‘55601. United States marine highway program.’’. 
(b) MULTISTATE, STATE, TRIBAL, AND REGIONAL 
TRANSPORTATION PLANNING.— 
(1) IN
GENERAL.—Chapter 556 of title 46, 
United States Code, is amended by inserting after sec-
tion 55602 the following: 
‘‘§ 55603. Multistate, State, Tribal, and regional trans-
portation planning 
‘‘(a) IN GENERAL.—The Secretary, in consultation 
with Federal entities, State and local governments, Tribal 
governments, and appropriate private sector entities, may 
develop strategies to encourage the use of marine highway 
transportation for transportation of passengers and cargo. 
‘‘(b) STRATEGIES.—If the Secretary develops strategies 
under subsection (a), the Secretary may— 
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‘‘(1) assess the extent to which States, local gov-
ernments, and Tribal governments include marine 
highway transportation and other marine transpor-
tation solutions in transportation planning; 
‘‘(2) encourage State and Tribal departments of 
transportation to develop strategies, where appro-
priate, to incorporate marine highway transpor-
tation, ferries, and other marine transportation solu-
tions for regional and interstate transport of freight 
and passengers in transportation planning; and 
‘‘(3) encourage groups of States, Tribal govern-
ments, and multistate transportation entities to deter-
mine how marine highways can address congestion, 
bottlenecks, and other interstate transportation chal-
lenges.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
chapter 556 of title 46, United States Code, is amend-
ed by striking the item relating to section 55603 and 
inserting the following: 
‘‘55603. Multistate, State, Tribal, and regional transportation planning.’’. 
(c) RESEARCH
ON MARINE HIGHWAY TRANSPOR-
TATION.—Section 55604 of title 46, United States Code, is 
amended— 
(1) by redesignating paragraphs (1) through (3) 
as paragraphs (3) through (5), respectively; and 
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(2) by inserting before paragraph (3), as redesig-
nated by paragraph (1), the following new para-
graphs: 
‘‘(1) the economic effects of marine highway 
transportation on the United States economy; 
‘‘(2) the effects of marine highway transpor-
tation, including with respect to the provision of ad-
ditional transportation options, on rural areas;’’. 
(d) DEFINITIONS.— 
(1) IN
GENERAL.—Section 55605 of title 46, 
United States Code, is amended to read as follows: ‘‘ 
‘‘§ 55605. Definitions 
‘‘In this chapter: 
‘‘(1) The term ‘marine highway transportation’ 
means the carriage by a documented vessel of cargo 
(including such carriage of cargo and passengers), if 
such cargo— 
‘‘(A) is— 
‘‘(i) contained in intermodal cargo 
containers and loaded by crane on the ves-
sel; 
‘‘(ii) loaded on the vessel by means of 
wheeled technology, including roll-on roll-off 
cargo; 
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‘‘(iii) shipped in discrete units or 
packages that are handled individually, 
palletized, or unitized for purposes of trans-
portation; 
‘‘(iv) bulk, liquid, or loose cargo loaded 
in tanks, holds, hoppers, or on deck; or 
‘‘(v) freight vehicles carried aboard 
commuter ferry boats; and 
‘‘(B) is— 
‘‘(i) loaded at a port in the United 
States and unloaded either at another port 
in the United States or at a port in Canada 
or Mexico; or 
‘‘(ii) loaded at a port in Canada or 
Mexico and unloaded at a port in the 
United States. 
‘‘(2) The term ‘‘Tribal government’’ means the 
recognized governing body of any Indian or Alaska 
Native Tribe, band, nation, pueblo, village, commu-
nity, component band, or component reservation, in-
dividually identified (including parenthetically) in 
the list published most recently, as of the date of en-
actment of the James M. Inhofe National Defense Au-
thorization Act for Fiscal Year 2023, pursuant to sec-
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tion 104 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 5131). 
‘‘(3) The term ‘Alaska Native Corporation’ has 
the meaning given the term ‘Native Corporation’ 
under section 3 of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1602).’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
chapter 556 of title 46, United States Code, is amend-
ed by striking the item relating to section 55605 and 
inserting the following: 
‘‘55605. Definitions.’’. 
(e) REPORT
ON MARITIME HIGHWAY TRANSPOR-
TATION IN GULF OF MEXICO AND PUGET SOUND.—Not 
later than one year after the date of the enactment of this 
Act, the Maritime Administrator shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science and Transportation of the Senate a report on op-
portunities for maritime highway transportation, as that 
term is defined section 55605(1) of title 46, United States 
Code, as amended by this section, in the Gulf of Mexico, 
Puget Sound, and Salish Sea System by vessels documented 
under chapter 121 of title 46, united States Code. 
(f) DEADLINE FOR PUBLIC AVAILABILITY OF MAP.— 
Not later than 120 days after the date of the enactment of 
this Act, the Maritime Administration shall make publicly 
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available the map of marine highway program routes re-
quired to be made publicly available under subsection (c) 
of section 55601 of title 46, United States Code, as amended 
by this section. 
SEC. 
3522. 
PORT 
INFRASTRUCTURE 
DEVELOPMENT 
GRANTS. 
(a) IN GENERAL.—In making port infrastructure de-
velopment grants under section 54301 of title 46, United 
States Code, for fiscal year 2023, the Secretary of Transpor-
tation shall treat a project described in subsection (b) as 
an eligible project under section 54301(a)(3) of such title 
for purposes of making grants under section 54301(a) of 
such title. 
(b) PROJECT DESCRIBED.—A project described in this 
subsection is a project to provide shore power at a port that 
services— 
(1) passenger vessels described in section 3507(k) 
of title 46, United States Code; and 
(2) vessels that move goods or freight. 
SEC. 3523. PROJECT SELECTION CRITERIA FOR PORT IN-
FRASTRUCTURE DEVELOPMENT PROGRAM. 
In making port infrastructure development grants 
under section 54301 of title 46, United States Code, for fis-
cal year 2023, in considering the criteria under subpara-
graphs (A)(ii) and (B)(ii) of paragraph (6) of subsection 
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(a) with respect to a project described in paragraph (3) of 
such subsection that is located in a noncontiguous State or 
territory, the Secretary may take into account— 
(1) the geographic isolation of the State or terri-
tory; and 
(2) the economic dependence of the State or terri-
tory on the proposed project. 
SEC. 3524. INFRASTRUCTURE IMPROVEMENTS IDENTIFIED 
IN THE REPORT ON STRATEGIC SEAPORTS. 
In making port infrastructure development grants 
under section 54301 of title 46, United States Code, for fis-
cal year 2023, the Secretary may consider infrastructure 
improvements identified in the report on strategic seaports 
required by section 3515 of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92; 133 
Stat. 1985) that would improve the commercial operations 
of those seaports. 
SEC. 3525. GAO REVIEW OF GOVERNMENT EFFORTS TO PRO-
MOTE GROWTH AND MODERNIZATION OF 
UNITED STATES MERCHANT FLEET. 
(a) REVIEW.—The Comptroller General of the United 
States shall conduct a review of the efforts of the United 
States Government to promote the growth and moderniza-
tion of the United States maritime industry and the vessels 
of the United States, as defined in section 116 of title 46, 
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United States Code, including the overall efficacy of United 
States Government financial support and policies, includ-
ing the Capital Construction Fund, Construction Reserve 
Fund, and other relevant loan, grant, or other programs. 
(b) REPORT.—Not later than 18 months after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives a report that includes the results of a 
review required under subsection (a). 
SEC. 3526. GAO REVIEW OF FEDERAL EFFORTS TO ENHANCE 
PORT INFRASTRUCTURE RESILIENCY AND 
DISASTER PREPAREDNESS. 
(a) REVIEW.—The Comptroller General of the United 
States shall conduct a review of Federal efforts to assist 
ports in enhancing the resiliency of key intermodal connec-
tors to weather-related disasters. The review shall include 
an analysis of the following: 
(1) Actions being undertaken at various ports to 
better identify critical land-side connectors that may 
be vulnerable to disruption in the event of a natural 
disaster, including how to communicate such infor-
mation during a disaster when communications sys-
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tems may be compromised, and the level of Federal 
involvement in such actions. 
(2) The extent to which the Department of 
Transportation and other Federal agencies are work-
ing in line with recent recommendations from key re-
siliency reports, including the National Academies of 
Science study on strengthening supply chain resil-
ience, to establish a framework for ports to follow to 
increase resiliency to major weather-related disrup-
tions before such disruptions happen. 
(3) The extent to which the Department of 
Transportation or other Federal agencies have pro-
vided funds to ports for resiliency-related projects. 
(4) The extent to which Federal agencies have a 
coordinated approach to helping ports and the mul-
tiple State, local, Tribal, and private stakeholders in-
volved, to improve resiliency prior to weather-related 
disasters. 
(b) REPORT.—Not later than 18 months after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
a report containing the results of the review required under 
subsection (a). 
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SEC. 3527. STUDY ON FOREIGN INVESTMENT IN SHIPPING. 
(a) ASSESSMENT.—Subject to the availability of ap-
propriations, the Under Secretary of Commerce for Inter-
national Trade (referred to in this section as the ‘‘Under 
Secretary’’), in coordination with the Maritime Adminis-
trator, the Commissioner of the Federal Maritime Commis-
sion, and the heads of other relevant agencies, shall conduct 
an assessment of subsidies, indirect state support, and other 
financial infrastructure or benefits provided by foreign 
states that control more than one percent of the world mer-
chant fleet to entities or individuals building, owning, char-
tering, operating, or financing vessels not documented 
under the laws of the United States that are engaged in 
foreign commerce. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Under Secretary shall sub-
mit to the appropriate committees of Congress, as defined 
in section 3515(e), a report on the assessment conducted 
under subsection (a). Such report shall include— 
(1) the amount, in United States dollars, of sub-
sidies, indirect state support, and other financial in-
frastructure or benefits provided by a foreign state de-
scribed in subsection (a) to— 
(A) the shipping industry of each country 
as a whole; 
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(B) the shipping industry as a percent of 
gross domestic product of each country; and 
(C) each ship on average, by ship type for 
cargo, tanker, and bulk; 
(2) the amount, in United States dollars, of sub-
sidies, indirect state support, and other financial in-
frastructure or benefits provided by a foreign state de-
scribed in subsection (a) to the shipping industry of 
another foreign state, including favorable financial 
arrangements for ship construction; 
(3) a description of the shipping industry activi-
ties of state-owned enterprises of a foreign state de-
scribed in subsection (a); 
(4) a description of the type of support provided 
by a foreign state described in subsection (a), includ-
ing tax relief, direct payment, indirect support of 
state-controlled financial entities, or other such sup-
port, as determined by the Under Secretary; and 
(5) a description of how the subsidies provided 
by a foreign state described in subsection (a) may be 
disadvantaging the competitiveness of vessels docu-
mented under the laws of the United States that are 
engaged in foreign commerce and the national secu-
rity of the United States. 
(c) DEFINITIONS.—In this section: 
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(1) The term ‘‘foreign commerce’’ means— 
(A) commerce or trade between the United 
States, its territories or possessions, or the Dis-
trict of Columbia, and a foreign country; 
(B) commerce or trade between foreign 
countries; or 
(C) commerce or trade within a foreign 
country. 
(2) The term ‘‘foreign state’’ has the meaning 
given the term in section 1603(a) of title 28, United 
States Code. 
(3) The term ‘‘shipping industry’’ means the 
construction, ownership, chartering, operation, or fi-
nancing of vessels engaged in foreign commerce. 
SEC. 3528. REPORT ON ALTERNATE MARINE FUEL BUN-
KERING FACILITIES AT PORTS. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Maritime Administrator 
shall make publicly available on an appropriate website a 
report on the necessary port-related infrastructure needed 
to support bunkering facilities for liquefied natural gas, hy-
drogen, ammonia, or other new marine fuels under develop-
ment. 
(b) CONTENTS.—The report required under subsection 
(a) shall include— 
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(1) information about the existing United States 
infrastructure, in particular the storage facilities, 
bunkering vessels, and transfer systems to support 
bunkering facilities for liquefied natural gas, hydro-
gen, ammonia, or other new marine fuels under devel-
opment; 
(2) a review of the needed upgrades to United 
States infrastructure, including storage facilities, 
bunkering vessels, and transfer systems, to support 
bunkering facilities for liquefied natural gas, hydro-
gen, ammonia, or other new marine fuels under devel-
opment; 
(3) an assessment of the estimated Government 
investment in this infrastructure and the duration of 
that investment; and 
(4) in consultation with the heads of other rel-
evant Federal agencies, information on the relevant 
Federal agencies that would oversee the permitting 
and construction of bunkering facilities for liquefied 
natural gas, hydrogen, ammonia, or other new ma-
rine fuels, as well as the Federal funding grants or 
formula programs that could be used for such marine 
fuels. 
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SEC. 3529. STUDY OF CYBERSECURITY AND NATIONAL SE-
CURITY THREATS POSED BY FOREIGN MANU-
FACTURED 
CRANES 
AT 
UNITED 
STATES 
PORTS. 
(a) STUDY.—The Maritime Administrator, in con-
sultation with the Secretary of Homeland Security, the Sec-
retary of Defense, and the Director of the Cybersecurity and 
Infrastructure Security Agency, shall conduct a study to as-
sess whether there are cybersecurity or national security 
threats posed by foreign manufactured cranes at United 
States ports. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than one year after 
the date of enactment of this Act, the Maritime Ad-
ministrator shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate, the 
Committee on Armed Services of the Senate, the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate, the Committee on Transportation 
and Infrastructure of the House of Representatives, 
and the Committee on Armed Services of the House 
of Representatives a report containing the results of 
the study required under subsection (a). 
(2) FORM
OF
REPORT.—The report required 
under paragraph (1) shall be submitted in unclassi-
fied form, but may include a classified annex. 
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Subtitle D—Maritime Workforce 
SEC. 3531. IMPROVING PROTECTIONS FOR MIDSHIPMEN. 
(a) SUPPORTING
THE UNITED STATES MERCHANT 
MARINE ACADEMY.—Chapter 513 of title 46, United States 
Code, is amended by adding at the end the following: 
‘‘§ 51325. Sexual assault and sexual harassment pre-
vention information management system 
‘‘(a) INFORMATION MANAGEMENT SYSTEM.— 
‘‘(1) IN GENERAL.—Not later than January 1, 
2023, the Maritime Administrator shall establish 
within the United States Merchant Marine Academy 
Sexual Assault prevention and Response Program, an 
information management system to track and main-
tain, in such a manner that patterns can be reason-
ably identified, information regarding claims and in-
cidents involving cadets that are reportable pursuant 
to subsection (d) of section 51318 of this chapter. 
‘‘(2) INFORMATION
MAINTAINED
IN
THE
SYS-
TEM.—Information maintained in the system estab-
lished under paragraph (1) shall include the following 
information, to the extent that information is avail-
able: 
‘‘(A) The overall number of sexual assault 
or sexual harassment incidents per fiscal year. 
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‘‘(B) The location of each such incident, in-
cluding vessel name and the name of the com-
pany operating the vessel, if applicable. 
‘‘(C) The standardized job title or position 
of the individuals involved in each such incident. 
‘‘(D) The general nature of each such inci-
dent, to include copies of any associated reports 
completed on the incidents. 
‘‘(E) The type of inquiry made into each 
such incident. 
‘‘(F) A record of whether each such incident 
was substantiated by the relevant investigative 
process. 
‘‘(3) PAST INFORMATION INCLUDED.—The infor-
mation management system under this section shall 
include the relevant data listed in this subsection re-
lated to sexual assault and sexual harassment that the 
Maritime Administrator possesses, and shall not be 
limited to data collected after January 1, 2023. 
‘‘(4) PRIVACY PROTECTIONS.—The Maritime Ad-
ministrator and the Chief Information Officer of the 
Department of Transportation shall coordinate to en-
sure that the information management system under 
this section shall— 
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‘‘(A) be established and maintained in a se-
cure fashion to ensure the protection of the pri-
vacy of any individuals whose information is en-
tered in such system; and 
‘‘(B) be free of personally identifiable infor-
mation and maintain only the data required to 
satisfy the statistical purpose of such system. 
‘‘(5) CYBERSECURITY AUDIT.—Ninety days after 
the implementation of the information management 
system, the Office of Inspector General of the Depart-
ment of Transportation shall commence an audit of 
the cybersecurity of the system and shall submit a re-
port containing the results of that audit to the Com-
mittee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives. 
‘‘(6) CORRECTING RECORDS.—In establishing the 
information management system, the Maritime Ad-
ministrator shall create a process to ensure that if 
any incident report results in a final agency action 
or final judgement that acquits an individual of 
wrongdoing, all personally identifiable information 
about the acquitted individual is removed from that 
incident report in the system. 
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‘‘(b) SEA YEAR PROGRAM.—The Maritime Adminis-
trator shall provide for the establishment of in-person and 
virtual confidential exit interviews, to be conducted by per-
sonnel who are not involved in the assignment of the mid-
shipmen to a Sea Year vessel, for midshipmen from the 
Academy upon completion of Sea Year and following com-
pletion by the midshipmen of the survey under section 
51322(d). 
‘‘(c) DATA-INFORMED DECISIONMAKING.—The data 
maintained in the data management system under sub-
section (a) and through the exit interviews under subsection 
(b) shall be affirmatively referenced and used to inform the 
creation of new policy or regulation, or changes to any ex-
isting policy or regulation, in the areas of sexual harass-
ment, dating violence, domestic violence, sexual assault, and 
stalking. 
‘‘§ 51326. Student advisory board at the United States 
Merchant Marine Academy 
‘‘(a) IN GENERAL.—The Maritime Administrator shall 
establish at the United States Merchant Marine Academy 
an advisory board to be known as the Advisory Board to 
the Secretary of Transportation (referred to in this section 
as the ‘Advisory Board’). 
‘‘(b) MEMBERSHIP.—The Advisory Board shall be 
composed of not fewer than 12 midshipmen of the Merchant 
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Marine Academy who are enrolled at the Merchant Marine 
Academy at the time of the appointment, including not 
fewer than 3 cadets from each class. 
‘‘(c) APPOINTMENT; TERM.—Midshipmen shall serve 
on the Advisory Board pursuant to appointment by the 
Maritime Administrator. Appointments shall be made not 
later than 60 days after the date of the swearing in of a 
new class of midshipmen at the Academy. The term of mem-
bership of a midshipmen on the Advisory Board shall be 
1 academic year. 
‘‘(d) REAPPOINTMENT.—The Maritime Administrator 
may reappoint not more than 6 cadets from the previous 
term to serve on the Advisory Board for an additional aca-
demic year if the Maritime Administrator determines such 
reappointment to be in the best interests of the Merchant 
Marine Academy. 
‘‘(e) MEETINGS.—The Advisory Board shall meet with 
the Secretary of Transportation not less than once each aca-
demic year to discuss the activities of the Advisory Board. 
The Advisory Board shall meet in person with the Maritime 
Administrator not less than 2 times each academic year to 
discuss the activities of the Advisory Board. 
‘‘(f) DUTIES.—The Advisory Board shall— 
‘‘(1) identify health and wellbeing, diversity, and 
sexual assault and harassment challenges and other 
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topics considered important by the Advisory Board 
facing midshipmen at the Merchant Marine Academy, 
off campus, and while aboard ships during Sea Year 
or other training opportunities; 
‘‘(2) discuss and propose possible solutions, in-
cluding improvements to culture and leadership devel-
opment at the Merchant Marine Academy; and 
‘‘(3) periodically review the efficacy of the pro-
gram in section 51325(b), as appropriate, and pro-
vide recommendations to the Maritime Administrator 
for improvement. 
‘‘(g) WORKING GROUPS.—The Advisory Board may es-
tablish one or more working groups to assist the Advisory 
Board in carrying out its duties, including working groups 
composed in part of midshipmen at the Merchant Marine 
Academy who are not current members of the Advisory 
Board. 
‘‘(h) REPORTS AND BRIEFINGS.—The Advisory Board 
shall regularly provide the Secretary of Transportation and 
the Maritime Administrator reports and briefings on the 
results of its duties, including recommendations for actions 
to be taken in light of such results. Such reports and brief-
ings may be provided in writing, in person, or both. 
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‘‘§ 51327. Sexual Assault Advisory Council 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a Sexual Assault Advisory Council (in 
this section referred to as the ‘Council’). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Council shall be com-
posed of not fewer than 8 and not more than 14 indi-
viduals selected by the Secretary of Transportation 
who are alumni that have graduated within the last 
4 years or current midshipmen of the United States 
Merchant Marine Academy (including midshipmen or 
alumni who were victims of sexual assault, to the 
maximum extent practicable, and midshipmen or 
alumni who were not victims of sexual assault) and 
governmental and nongovernmental experts and pro-
fessionals in the sexual assault field. 
‘‘(2) EXPERTS INCLUDED.—The Council shall in-
clude— 
‘‘(A) not less than 1 member who is licensed 
in the field of mental health and has prior expe-
rience working as a counselor or therapist pro-
viding mental health care to survivors of sexual 
assault in a victim services agency or organiza-
tion; and 
‘‘(B) not less than 1 member who has prior 
experience developing or implementing sexual as-
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sault or sexual harassment prevention and re-
sponse policies in an academic setting. 
‘‘(3) RULES REGARDING MEMBERSHIP.—No em-
ployee of the Department of Transportation shall be 
a member of the Council. The number of governmental 
experts appointed to the Council shall not exceed the 
number of nongovernmental experts. 
‘‘(c) DUTIES; AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.—The Council shall meet not 
less often than semiannually to— 
‘‘(A) review— 
‘‘(i) the policies on sexual harassment, 
dating violence, domestic violence, sexual 
assault, and stalking under section 51318 of 
this title; 
‘‘(ii) the trends and patterns of data 
contained in the system described under sec-
tion 51325 of this title; and 
‘‘(iii) related matters the Council views 
as appropriate; and 
‘‘(B) develop recommendations designed to 
ensure that such policies and such matters con-
form, to the extent practicable, to best practices 
in the field of sexual assault and sexual harass-
ment response and prevention. 
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‘‘(2) AUTHORIZED
ACTIVITIES.—To carry out 
this subsection, the Council may— 
‘‘(A) interview current and former mid-
shipmen of the United States Merchant Marine 
Academy (to the extent that such midshipmen 
provide the Department of Transportation ex-
press consent to be interviewed by the Council); 
and 
‘‘(B) review surveys under section 51322(d). 
‘‘(3) 
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—In carrying out this subsection, the Council 
shall comply with the obligations of the Department 
of Transportation to protect personally identifiable 
information. 
‘‘(d) REPORTS.—On an annual basis for each of the 
5 years after the date of enactment of this section, and at 
the discretion of the Council thereafter, the Council shall 
submit, to the President and the Committee on Commerce, 
Science, and Transportation and the Committee on Appro-
priations of the Senate and the Committee on Transpor-
tation and Infrastructure and the Committee on Appro-
priations of the House of Representatives, a report on the 
Council’s findings based on the reviews conducted pursuant 
to subsection (c) and related recommendations. 
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‘‘(e) EMPLOYEE STATUS.—Members of the Council 
shall not be considered employees of the United States Gov-
ernment for any purpose and shall not receive compensa-
tion other than reimbursement of travel expenses and per 
diem allowance in accordance with section 5703 of title 5. 
‘‘(f) NONAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to the 
Council. 
‘‘§ 51328. Student support 
‘‘The Maritime Administrator shall— 
‘‘(1) require a biannual survey of midshipmen, 
faculty, and staff of the Academy assessing the envi-
ronment of the Academy; and 
‘‘(2) require an annual survey of faculty and 
staff of the Academy assessing the Sea Year pro-
gram.’’. 
(b) REPORT TO CONGRESS.—Not later than 30 days 
after the date of enactment of this section, the Maritime 
Administrator shall provide Congress with a briefing on the 
resources necessary to properly implement section 51328 of 
title 46, United States Code, as added by this section. 
(c) CONFORMING AMENDMENTS.—The chapter anal-
ysis for chapter 513 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘51325. Sexual assault and sexual harassment prevention information manage-
ment system. 
‘‘51326. Student advisory board at the United States Merchant Marine Academy. 
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‘‘51327. Sexual Assault Advisory Council. 
‘‘51328. Student support.’’. 
(d) UNITED STATES MERCHANT MARINE ACADEMY 
STUDENT SUPPORT PLAN.— 
(1) STUDENT SUPPORT PLAN.—Not later than 
January 1, 2023, the Maritime Administrator shall 
issue a Student Support Plan for the United States 
Merchant Marine Academy, in consultation with rel-
evant mental health professionals in the Federal Gov-
ernment or experienced with the maritime industry or 
related industries. Such plan shall— 
(A) address the mental health resources 
available to midshipmen, both on-campus and 
during Sea Year; 
(B) establish a tracking system for suicidal 
ideations and suicide attempts of midshipmen, 
which excludes personally identifiable informa-
tion; 
(C) create an option for midshipmen to ob-
tain assistance from a professional care provider 
virtually; and 
(D) require an annual survey of faculty 
and staff assessing the adequacy of mental health 
resources for midshipmen of the Academy, both 
on campus and during Sea Year. 
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(2) REPORT TO CONGRESS.—Not later than 30 
days after the date of enactment of this section, the 
Maritime Administrator shall provide Congress with 
a report on the resources necessary to properly imple-
ment this subsection. 
(e) SPECIAL VICTIMS ADVISOR.—Section 51319 of title 
46, United States Code, is amended— 
(1) by redesignating subsection (c) as subsection 
(d); 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) SPECIAL VICTIMS ADVISOR.— 
‘‘(1) IN
GENERAL.—The Secretary shall des-
ignate an attorney (to be known as the ‘Special Vic-
tims Advisor’) for the purpose of providing legal as-
sistance to any cadet of the Academy who is the vic-
tim of an alleged sex-related offense regarding admin-
istrative and criminal proceedings related to such of-
fense, regardless of whether the report of that offense 
is restricted or unrestricted. 
‘‘(2) SPECIAL VICTIMS ADVISORY.—The Secretary 
shall ensure that the attorney designated as the Spe-
cial Victims Advisor has knowledge of the Uniform 
Code of Military Justice, as well as criminal and 
civil law. 
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‘‘(3) PRIVILEGED COMMUNICATIONS.—Any com-
munications between a victim of an alleged sex-re-
lated offense and the Special Victim Advisor, when 
acting in their capacity as such, shall have the same 
protection that applicable law provides for confiden-
tial attorney-client communications.’’; and 
(3) by adding at the end the following: 
‘‘(e) UNFILLED VACANCIES.—The Administrator of the 
Maritime Administration may appoint qualified can-
didates to positions under subsections (a) and (d) of this 
section without regard to sections 3309 through 3319 of title 
5.’’. 
(f) CATCH A SERIAL OFFENDER ASSESSMENT.— 
(1) ASSESSMENT.—Not later than one year after 
the date of enactment of this section, the Com-
mandant of the Coast Guard, in coordination with 
the Maritime Administrator, shall conduct an assess-
ment of the feasibility and process necessary, and ap-
propriate 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 De-
fense using the information management system re-
quired under subsection (a) of section 51325 of title 
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46, United States Code, and the exit interviews under 
subsection (b) of such section. 
(2) LEGISLATIVE CHANGE PROPOSALS.—If, as a 
result of the assessment required by paragraph (1), 
the Commandant or the Administrator determines 
that additional authority is necessary to implement 
the program described in paragraph (1), the Com-
mandant or the Administrator, as applicable, shall 
provide appropriate legislative change proposals to 
Congress. 
(g) SHIPBOARD TRAINING.—Section 51322(a) of title 
46, United States Code, is amended by adding at the end 
the following: 
‘‘(3) TRAINING.— 
‘‘(A) IN
GENERAL.—As part of training 
that shall be provided not less than semiannually 
to all midshipmen of the Academy, pursuant to 
section 51318, the Maritime Administrator shall 
develop and implement comprehensive in-person 
sexual assault risk-reduction and response train-
ing that, to the extent practicable, conforms to 
best practices in the sexual assault prevention 
and response field and includes appropriate sce-
nario-based training. 
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‘‘(B) DEVELOPMENT
AND
CONSULTATION 
WITH EXPERTS.—In developing the sexual as-
sault risk-reduction and response training under 
subparagraph (A), the Maritime Administrator 
shall consult with and incorporate, as appro-
priate, the recommendations and views of experts 
in the sexual assault field.’’. 
SEC. 3532. MARITIME TECHNICAL ADVANCEMENT ACT. 
(a) IN GENERAL.—Section 51706 of title 46, United 
States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) DESIGNATION.—The Secretary of Transportation 
may designate as a center of excellence for domestic mari-
time workforce training and education an entity which is 
a covered training entity.’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) GRANT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary may award a 
maritime career training grant to a center of excel-
lence designated under subsection (a) for the purpose 
of developing, offering, or improving career and tech-
nical education or training programs related to the 
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United States maritime industry for United States 
workers. 
‘‘(2) GRANT PROPOSAL.—To be eligible to receive 
a grant under this subsection, a center of excellence 
designated under subsection (a) shall submit to the 
Secretary a grant proposal that includes a detailed 
description of— 
‘‘(A) the specific project proposed to be 
funded by the grant, including a description of 
the manner in which the grant will be used to 
develop, offer, or improve a career and technical 
education or training program that is suited to 
United States maritime industry workers; 
‘‘(B) the extent to which the project for 
which the grant proposal is submitted will meet 
the educational or career training needs of 
United States maritime industry workers; 
‘‘(C) any previous experience of the center 
of excellence in providing United States mari-
time industry career and technical education or 
training programs; 
‘‘(D) how the project proposed to be funded 
by the grant would address shortcomings in ex-
isting educational or career training opportuni-
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ties available to United States maritime indus-
try workers; and 
‘‘(E) the extent to which employers, includ-
ing small and medium-sized firms, have dem-
onstrated a commitment to employing United 
States maritime industry workers who would 
benefit from the project for which the grant pro-
posal is submitted. 
‘‘(3) CRITERIA FOR AWARD OF GRANTS.—Subject 
to the appropriation of funds to carry out this sec-
tion, the Secretary shall award grants under this sub-
section to centers of excellence based on— 
‘‘(A) an determination of the merits of a 
grant proposal submitted under paragraph (2) to 
develop, offer, or improve career and technical 
education or training programs to be made 
available to United States maritime industry 
workers; 
‘‘(B) an evaluation of the likely employment 
opportunities available to United States mari-
time industry workers who complete a maritime 
career and technical education or training pro-
gram that a center proposes to develop, offer, or 
improve; and 
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‘‘(C) an evaluation of prior demand for 
training programs by workers served by centers 
of excellence designated under subsection (a), as 
well as the availability and capacity of existing 
maritime training programs to meet future de-
mand for training programs. 
‘‘(4) COMPETITIVE AWARDS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
award grants under this subsection to centers of 
excellence designated under subsection (a) on a 
competitive basis. 
‘‘(B) TIMING OF GRANT NOTICE.—The Sec-
retary shall post a Notice of Funding Oppor-
tunity regarding grants awarded under this sub-
section not more than 90 days after the date of 
the enactment of the appropriations Act for the 
fiscal year concerned. 
‘‘(C) TIMING
OF
GRANTS.—The Secretary 
shall award grants under this subsection not 
later than 270 days after the date of the enact-
ment of the appropriations Act for the fiscal 
year concerned. 
‘‘(D) 
REUSE
OF
UNEXPENDED
GRANT 
FUNDS.—Notwithstanding 
subparagraph 
(C), 
amounts awarded as a grant under this sub-
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section that are not expended by the grantee 
shall remain available to the Secretary for use 
for grants under this subsection. 
‘‘(E) ADMINISTRATIVE
COSTS.—Not more 
than 3 percent of amounts made available to 
carry out this subsection may be used for the 
necessary costs of grant administration. 
‘‘(F) PROHIBITED USE.—A center of excel-
lence designated under subsection (a) that has re-
ceived funds awarded under section 54101(a)(2) 
for training purposes for a fiscal year shall not 
be eligible for grants under this subsection dur-
ing the same fiscal year.’’; and 
(3) in subsection (c)— 
(A) by striking paragraph (1) and inserting 
the following: 
‘‘(1) COVERED
TRAINING
ENTITY.—The term 
‘covered training entity’ means an entity that— 
‘‘(A) is located in a State that borders on 
the— 
‘‘(i) Gulf of Mexico; 
‘‘(ii) Atlantic Ocean; 
‘‘(iii) Long Island Sound; 
‘‘(iv) Pacific Ocean; 
‘‘(v) Great Lakes; or 
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1718 
‘‘(vi) Mississippi River System; 
‘‘(B) is— 
‘‘(i) a postsecondary educational insti-
tution (as such term is defined in section 
3(39) of the Carl D. Perkins Career and 
Technical Education Act of 2006 (20 U.S.C. 
2302)); 
‘‘(ii) a postsecondary vocational insti-
tution (as such term is defined in section 
102(c) of the Higher Education Act of 1965 
(20 U.S.C. 1002(c)); 
‘‘(iii) a public or private nonprofit en-
tity that offers one or more other structured 
experiential learning training programs for 
United States workers in the United States 
maritime industry, including a program 
that is offered by a labor organization or 
conducted in partnership with a nonprofit 
organization or one or more employers in 
the United States maritime industry; 
‘‘(iv) an entity sponsoring an appren-
ticeship program registered with the Office 
of Apprenticeship of the Employment and 
Training Administration of the Department 
of Labor or a State apprenticeship agency 
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1972 
tween settings of daily living (for example, be-
tween home and work); 
‘‘(C) increase the capacity of public agen-
cies and private entities to provide and pay for 
assistive technology devices and assistive tech-
nology services on a statewide basis for individ-
uals with disabilities; 
‘‘(D) increase the involvement of individ-
uals with disabilities and, if appropriate, their 
family members, guardians, advocates, and au-
thorized representatives, in decisions related to 
the provision of assistive technology devices and 
assistive technology services; 
‘‘(E) increase and promote coordination 
among and between State and local agencies and 
private entities (such as managed care pro-
viders), that are involved in carrying out activi-
ties under this Act; 
‘‘(F) increase the awareness and facilitate 
the change of laws, regulations, policies, prac-
tices, procedures, and organizational structures 
that facilitate the availability or provision of as-
sistive technology devices and assistive technology 
services; and 
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1979 
‘‘(v) support for individual and sys-
tems advocacy and community involvement; 
and 
‘‘(B) with respect to an entity, program, or 
activity, means that the entity, program, or ac-
tivity— 
‘‘(i) is easily accessible to, and usable 
by, individuals with disabilities and, when 
appropriate, their family members, guard-
ians, advocates, or authorized representa-
tives; 
‘‘(ii) responds to the needs of individ-
uals with disabilities in a timely and ap-
propriate manner; and 
‘‘(iii) facilitates the full and meaning-
ful participation of individuals with dis-
abilities and their family members, guard-
ians, advocates, and authorized representa-
tives, in— 
‘‘(I) decisions relating to the pro-
vision of assistive technology devices 
and assistive technology services to 
such individuals; and 
‘‘(II) decisions related to the 
maintenance, improvement, and eval-
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