H. R. 7776—674 
‘‘(1) IN GENERAL.—A public vessel (as defined in section 
2101) shall not be subject to the requirements 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 addresses prevention of, and response to, sexual 
harassment, dating violence, domestic violence, sexual assault, 
and stalking. 
‘‘(i) SHARING OF BEST PRACTICES.—The Maritime Administrator 
shall share with State maritime academies 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 pre-
scribe rules necessary to carry out the amendments made by 
this section. 
(2) INTERIM RULES.—The Maritime Administrator may pre-
scribe interim rules necessary to carry out the amendments 
made by this section. For this purpose, the Maritime Adminis-
trator in prescribing rules under paragraph (1) is excepted 
from compliance 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shall remain in effect until superseded by a final rule.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51318 note) is repealed.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 EQUIVA-
LENT
HELPLINE.—Section 3515 of the National Defense 
Authorization Act for Fiscal Year 2018 (46 U.S.C. 51518 note) 
is amended by striking subsection (b) and redesignating sub-
section (c) as subsection (b). 
SEC. 3514. SERVICE ACADEMY FACULTY PARITY OF USE OF UNITED 
STATES GOVERNMENT WORKS. 
Section 105 of title 17, United States Code, is amended— 
(1) in the heading of subsection (b), by striking ‘‘CERTAIN 
OF WORKS ’’ and inserting ‘‘CERTAIN WORKS’’; 
(2) in the first subsection (c) (relating to ‘‘Use by Federal 
Government’’) by striking ‘‘The Secretary of Defense’’ and 
inserting ‘‘A covered Secretary’’; 
(3) by redesignating the second subsection (c) (relating 
to ‘‘Definitions’’) as subsection (d); and 
(4) in subsection (d), as redesignated by paragraph (3), 
(A) in paragraph (2), by adding at the end the following: 
‘‘(M) United States Merchant Marine Academy.’’; 
(B) by redesignating paragraph (3) as paragraph (4); 
and 
(C) by inserting after paragraph (2) the following new 
paragraph: 
‘‘(3) The term ‘covered Secretary’ means— 
‘‘(A) the Secretary of Transportation, with respect to 
the United States Merchant Marine Academy;
H. R. 7776—675 
‘‘(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 ACADEMY. 
(a) REPORT
ON
IMPLEMENTATION
OF
NAPA RECOMMENDA-
TIONS.— 
(1) IN GENERAL.—In accordance with paragraph (3), the 
Secretary of Transportation shall submit to the appropriate 
congressional committees reports on the status of the 
implementation of the recommendations specified in paragraph 
(4). 
(2) ELEMENTS.—Each report under paragraph (1) shall 
include the following: 
(A) A description of the status of the implementation 
of each recommendation specified in paragraph (4), 
including whether the Secretary— 
(i) concurs with the recommendation; 
(ii) partially concurs with the recommendation; 
(iii) does not concur with the recommendation; or 
(iv) 
determines 
the 
recommendation 
is 
not 
applicable to the Department of Transportation. 
(B) An explanation of— 
(i) with respect to a recommendation with which 
the Secretary concurs, the actions the Secretary 
intends to take to implement 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 implementation 
of the recommendation; 
(ii) with respect to a recommendation with which 
the Secretary partially concurs, the actions the Sec-
retary intends to take to implement the portion of 
such recommendation with which the Secretary con-
curs, including— 
(I) intermediate actions, milestone dates, and 
the expected completion date for the implementa-
tion of the portion of the recommendation; and 
(II) any rules, regulations, policies, or other 
guidance that are expected to be issued, revised, 
changed, 
or 
cancelled 
as 
a 
result 
of 
the 
implementation of the portion of the recommenda-
tion; 
(iii) with respect to a recommendation with which 
the Secretary does not concur, an explanation of why 
the Secretary does not concur with such recommenda-
tion; 
(iv) with respect to a recommendation that the 
Secretary determines is not applicable to the Depart-
ment of Transportation, an explanation of the reasons 
for the determination; and 
(v) any statutory changes that may be necessary—
H. R. 7776—676 
(I) to fully implement the recommendations 
specified in paragraph (4) with which the Secretary 
concurs; or 
(II) to partially implement the recommenda-
tions 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 updated versions of the report not less frequently 
than once every 180 days until the date on which the Secretary 
submits to the appropriate congressional committees a certifi-
cation that each recommendation specified in paragraph (4)— 
(A) with which the Secretary concurs— 
(i) has been fully implemented; or 
(ii) cannot be fully implemented, including an 
explanation of why; and 
(B) with which the Secretary partially concurs— 
(i) has been partially implemented; or 
(ii) cannot be partially implemented, including an 
explanation of why. 
(4) RECOMMENDATIONS SPECIFIED.—The recommendations 
specified in this paragraph are the recommendations set forth 
in the report prepared by a panel of the National Academy 
of Public Administration pursuant to section 3513 of the 
National Defense Authorization Act for Fiscal Year 2020 (Public 
Law 116–92; 133 Stat. 1979) titled ‘‘Organizational Assessment 
of the U.S. Merchant Marine Academy: A Path Forward’’, dated 
November 2021. 
(b) REPORT
ON IMPLEMENTATION
OF POLICY RELATING
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 appropriate congressional 
committees a report on the status of the implementation of the 
policy on sexual harassment, dating violence, domestic violence, 
sexual assault, and stalking at the United States Merchant Marine 
Academy, as required 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 initiate an audit of the 
actions taken by the Maritime Administration to address only 
the following recommendations 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.
H. R. 7776—677 
(2) REPORT.—After the completion of the audit required 
under paragraph (1), the Inspector General shall submit to 
the appropriate congressional committees, 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
ACADEMY
OF 
PUBLIC ADMINISTRATION.— 
(A) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall seek to enter into 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 recommenda-
tions 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 improvements; and 
(II) corrective actions and best practice criteria 
that can be implemented in the medium- and near- 
term; 
(iii) the establishment of a clear assignment of 
responsibility for the implementation of each rec-
ommendation referred to in subsection (c)(1), and a 
strategy for assigning other recommendations in the 
future; and 
(iv) a performance measurement system, including 
data collection and tracking and evaluating progress 
toward goals of the Merchant Marine Academy. 
(B) REPORT OF PROGRESS.—Not later than one year 
after the date of an agreement entered into pursuant to 
subparagraph (A), the Secretary of Transportation, in con-
sultation with the Administrator of the Merchant Marine 
Academy, 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 Maritime Administrator 
shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Armed 
Services of the House of Representatives a prioritization 
and implementation plan to assess, prioritize, and address 
the recommendations identified by the National Academy 
of Public Administration panel in the November 2021 
report titled ‘‘Organizational Assessment of the United 
States Merchant Marine Academy: A Path Forward’’ that 
Superintendent of the Merchant Marine Academy deter-
mines are relevant to the Maritime Administration, 
including the recommendations referred to in subsection 
(c)(1). The prioritization and implementation plan shall—
H. R. 7776—678 
(i) be developed using the strategies, processes, 
and systems developed pursuant to an agreement 
entered into under paragraph (1); 
(ii) include estimated timelines and cost estimates 
for the implementation of priority goals; 
(iii) include summaries of stakeholder and inter-
agency engagement used to assess goals and timelines; 
(iv) with respect to any recommendation the Super-
intendent determines is not relevant to the Maritime 
Administration, include an explanation for the deter-
mination; and 
(v) submitted to the Inspector General of the 
Department of Transportation and the appropriate 
congressional committees and made publicly available. 
(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 implementation plan described 
in subparagraph (A) is made publicly available, initiate 
an audit of the actions taken by the Maritime Adminis-
tration to address such plan; 
(ii) monitor the actions taken by the Maritime 
Administration to implement recommendations con-
tained in the audit required under clause (i) and in 
prior 
audits 
of 
the 
Maritime 
Administration’s 
implementation 
of 
National 
Academy 
of 
Public 
Administration recommendations and periodically ini-
tiate 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 Administrator of the 
Maritime Administration and the appropriate congres-
sional committees, 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 required under clause 
(ii) is made publicly available, and annually thereafter, 
the Administrator of the Maritime Administration shall 
submit to the Inspector General of the Department of 
Transportation and the appropriate congressional commit-
tees a report that includes a description of— 
(i) the actions planned to be taken by the Maritime 
Administration, and estimated timeframes, to imple-
ment any open or unresolved recommendation— 
(I) included in the report of the Inspector Gen-
eral required under subsection (B)(iii); or 
(II) referred to in subsection (c)(1); and 
(ii) an identification of any recommendation 
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 extension of time, and the reasons why such an 
extension was necessary. 
(3) AGREEMENT FOR PLAN ON CAPITAL IMPROVEMENTS.— 
Not later than 90 days after the date of the enactment of
H. R. 7776—679 
this Act, the Maritime Administrator shall seek to enter into 
an agreement with a Federal construction agent for the develop-
ment 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 committees’’ means— 
(1) the Committee on Commerce, Science, and Transpor-
tation of the Senate; 
(2) the Subcommittee on Transportation, Housing and 
Urban Development, and Related Agencies of the Committee 
on Appropriations of the Senate; 
(3) the Committee on Transportation and Infrastructure 
of the House of Representatives; 
(4) the Subcommittee on Transportation, Housing 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. 
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 evalua-
tion of— 
(1) the actions the United States Merchant Marine 
Academy has taken to bring the buildings, infrastructure, and 
other facilities on campus into compliance with applicable 
building codes and the further actions required for full compli-
ance; 
(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 practices; 
(4) whether the United States Merchant Marine Academy 
has adequate staff who are trained to identify needed capital 
projects, estimate the cost of those projects, perform building 
maintenance, and manage capital improvement projects; and 
(5) how the United States Merchant Marine Academy 
identifies and prioritizes capital construction needs, and how 
the prioritization of such needs relates to the safety, education, 
and wellbeing of midshipmen. 
(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 Transportation and Infrastructure 
and the Committee on Armed Services of the House of Representa-
tives 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 CADETS 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.—
H. R. 7776—680 
‘‘(1) REQUIREMENTS.—The Secretary shall require an oper-
ator 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— 
‘‘(A) carry on each Maritime Security Program vessel, 
Cable Security Fleet vessel, or Tanker Security Fleet vessel 
2 United States Merchant Marine Academy cadets, if avail-
able, on each voyage; and 
‘‘(B) implement and adhere to policies, programs, cri-
teria, and requirements established pursuant to section 
51322 of this title. 
‘‘(2) FAILURE
TO
IMPLEMENT
OR
ADHERE
TO
REQUIRE-
MENTS.—Failure to implement or adhere to the policies, pro-
grams, criteria, and requirements referred to in paragraph 
(1) may, as determined by the Maritime Administrator, con-
stitute 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 Maritime Administrator, 
has been remedied. 
‘‘(3) WITHHELD PAYMENTS.—Any payment withheld pursu-
ant to paragraph (2)(B) may be paid, upon a determination 
by the Maritime Administrator that the operator is in compli-
ance with the policies, programs, criteria, and requirements 
referred to in paragraph (1).’’. 
(2) APPLICABILITY.—Paragraph (2) of subsection (b) of sec-
tion 51307, as amended by paragraph (1), shall apply with 
respect to any failure to implement or adhere to the policies, 
programs, criteria, 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 section 51307(b)’’ 
after ‘‘this section’’; 
(2) in section 53206(a)(2), by inserting ‘‘or section 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: 
‘‘§ 55601. United States marine highway program 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is in the Department of Transpor-
tation a program, to be known as the ‘United States marine 
highway program’.
H. R. 7776—681 
‘‘(2) ADDITIONAL PROGRAM ACTIVITIES.—In carrying out the 
program established under this subsection, the Secretary of 
Transportation may— 
‘‘(A) coordinate with ports, State departments of 
transportation, localities, other public agencies, and appro-
priate private sector entities on the development of landside 
facilities and infrastructure to support marine highway 
transportation; and 
‘‘(B) develop performance measures for the program. 
‘‘(b) MARINE HIGHWAY TRANSPORTATION ROUTES.— 
‘‘(1) DESIGNATION.—The Secretary may designate a route 
as a marine highway transportation route, or modify such a 
designation, if— 
‘‘(A) such route— 
‘‘(i) provides a coordinated and capable alternative 
to landside transportation; 
‘‘(ii) mitigates or relieves landside congestion; 
‘‘(iii) promotes marine highway transportation; or 
‘‘(iv) uses vessels documented under chapter 121; 
and 
‘‘(B) such designation or modification is requested by— 
‘‘(i) the government of a State or territory; 
‘‘(ii) a metropolitan planning organization; 
‘‘(iii) a port authority; 
‘‘(iv) a non-Federal navigation district; or 
‘‘(v) a Tribal government. 
‘‘(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 modification. 
‘‘(3) NOTIFICATION.—Not later than 14 days after the date 
on which the Maritime Administrator makes a determination 
under paragraph (2), the 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 location of marine high-
way 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 Administrator 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 agreements 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 subsection 
(b)(1)(A); and 
‘‘(B) develops, expands, or promotes— 
‘‘(i) marine highway transportation; or
H. R. 7776—682 
‘‘(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 entity shall submit to the Sec-
retary an application in such form and manner, and at 
such time, as the Secretary may require. Such an applica-
tion shall include the following: 
‘‘(i) A comprehensive description of— 
‘‘(I) the marine highway route to be served 
by the marine highway transportation project; 
‘‘(II) the supporters of the marine highway 
transportation project, which may include business 
affiliations, private sector stakeholders, State 
departments of transportation, metropolitan plan-
ning organizations, municipalities, or other govern-
mental entities (including Tribal governments), as 
applicable; 
‘‘(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, reduced vehicle 
miles traveled, or reduced maintenance and repair 
costs. 
‘‘(ii) A demonstration, to the satisfaction of the 
Secretary, that— 
‘‘(I) the marine highway transportation project 
is financially viable; and 
‘‘(II) the funds or other assistance provided 
under this subsection will be spent or used effi-
ciently and effectively. 
‘‘(iii) Such other information as the Secretary may 
require. 
‘‘(B) PRE-PROPOSAL.— 
‘‘(i) IN GENERAL.—Prior to accepting a full applica-
tion under subparagraph (A), the Secretary may 
require that an eligible entity first submit a pre-pro-
posal that contains a brief description of the item 
referred to in clauses (i) through (iii) of such subpara-
graph. 
‘‘(ii) FEEDBACK.—Not later than 30 days after 
receiving a pre-proposal under clause (i) from an 
eligible entity, the Secretary shall provide to the 
eligible entity feedback to encourage or discourage the 
eligible entity from submitting a full application. An 
eligible entity may still submit a full application even 
if that eligible entity is not encouraged to do so after 
submitting a pre-proposal. 
‘‘(C) PROHIBITION.—The Secretary may not require 
separate applications for project designation and for assist-
ance under this section. 
‘‘(D) GRANT
APPLICATION
FEEDBACK.—Following the 
award of assistance under this subsection for a particular 
fiscal year, the Secretary may provide feedback to an 
applicant to help such applicant improve future applica-
tions if the feedback is requested by that applicant.
H. R. 7776—683 
‘‘(3) TIMING.— 
‘‘(A) NOTICE OF FUNDING OPPORTUNITY.—The Secretary 
shall post a notice of funding opportunity regarding grants, 
contracts, or cooperative agreements under this subsection 
not more than 60 days after the date of the enactment 
of the appropriations Act for the fiscal year concerned. 
‘‘(B) AWARDING OF ASSISTANCE.— The Secretary shall 
award grants, contracts, or cooperative agreements under 
this subsection not later than 270 days after the date 
of the enactment of the appropriations Act for the fiscal 
year concerned. 
‘‘(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 assistance under this subsection— 
‘‘(i) to an eligible entity that is a Tribal govern-
ment; or 
‘‘(ii) for a project located in a rural area. 
‘‘(5) PREFERENCE FOR FINANCIALLY VIABLE PROJECTS.— In 
awarding grants or entering into contracts or cooperative agree-
ments under this subsection, the Secretary shall give a pref-
erence to a project or component of a project that presents 
the most financially viable transportation service and require 
the lowest percentage of Federal share of the funding. 
‘‘(6) TREATMENT OF UNEXPENDED FUNDS.—Notwithstanding 
paragraph (3)(B), amounts awarded under this subsection that 
are not expended by the recipient within five years after obliga-
tion of funds or that are returned shall remain available to 
the Secretary to make grants and enter into contracts and 
cooperative agreements under this subsection. 
‘‘(7) CONDITIONS ON PROVISION OF ASSISTANCE.—The Sec-
retary may not provide assistance to an eligible entity under 
this subsection unless the Secretary determines that— 
‘‘(A) sufficient funding is available to meet the non- 
Federal share requirement under paragraph (4); 
‘‘(B) the marine highway project for which such assist-
ance is provided will be completed without unreasonable 
delay; and 
‘‘(C) the eligible entity has the authority to implement 
the proposed marine highway project. 
‘‘(8) PROHIBITED USES.—Assistance provided under this sub-
section may not be used— 
‘‘(A) to improve port or land-based infrastructure out-
side the United States; or 
‘‘(B) unless the Secretary determines that such activi-
ties are necessary to carry out the marine highway project 
for which such assistance is provided, to raise sunken 
vessels, construct buildings or other physical facilities, or 
acquire land.
H. R. 7776—684 
‘‘(9) GEOGRAPHIC DISTRIBUTION.—In making grants, con-
tracts, and cooperative agreements under this section the Sec-
retary 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 planning organiza-
tion; 
‘‘(C) a United States port authority; 
‘‘(D) a Tribal government; or 
‘‘(E) a United States private sector operator of marine 
highway projects or private sector owners of facilities, 
including an Alaska Native Corporation, with an endorse-
ment 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 amended by striking the 
item relating to section 55601 and inserting the following: 
‘‘55601. United States marine highway program.’’. 
(b) MULTISTATE, STATE, TRIBAL, AND REGIONAL TRANSPOR-
TATION PLANNING.— 
(1) IN GENERAL.—Chapter 556 of title 46, United States 
Code, is amended by inserting after section 55602 the following: 
‘‘§ 55603. Multistate, State, Tribal, and regional transpor-
tation 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 encour-
age 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— 
‘‘(1) assess the extent to which States, local governments, 
and Tribal governments include marine highway transportation 
and other marine transportation solutions in transportation 
planning; 
‘‘(2) encourage State and Tribal departments of transpor-
tation to develop strategies, where appropriate, to incorporate 
marine highway transportation, ferries, and other marine 
transportation solutions for regional and interstate transport 
of freight and passengers in transportation planning; and 
‘‘(3) encourage groups of States, Tribal governments, and 
multistate transportation entities to determine how marine 
highways can address congestion, bottlenecks, and other inter-
state transportation challenges.’’. 
(2) CLERICAL AMENDMENT.—The analysis for chapter 556 
of title 46, United States Code, is amended 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 TRANSPORTATION.—Section 
55604 of title 46, United States Code, is amended—
H. R. 7776—685 
(1) by redesignating paragraphs (1) through (3) as para-
graphs (3) through (5), respectively; and 
(2) by inserting before paragraph (3), as redesignated by 
paragraph (1), the following new paragraphs: 
‘‘(1) the economic effects of marine highway transportation 
on the United States economy; 
‘‘(2) the effects of marine highway transportation, including 
with respect to the provision of additional 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 car-
riage of cargo and passengers), if such cargo— 
‘‘(A) is— 
‘‘(i) contained in intermodal cargo containers and 
loaded by crane on the vessel; 
‘‘(ii) loaded on the vessel by means of wheeled 
technology, including roll-on roll-off cargo; 
‘‘(iii) shipped in discrete units or packages that 
are handled individually, palletized, or unitized for 
purposes of transportation; 
‘‘(iv) bulk, liquid, or loose cargo loaded in tanks, 
holds, hoppers, or on deck; or 
‘‘(v) freight vehicles carried aboard commuter ferry 
boats; and 
‘‘(B) is— 
‘‘(i) loaded at a port in the United States and 
unloaded either at another port in the United States 
or at a port in Canada or Mexico; or 
‘‘(ii) loaded at a port in Canada or Mexico and 
unloaded at a port in the United States. 
‘‘(2) The term ‘‘Tribal government’’ means the recognized 
governing body of any Indian or Alaska Native Tribe, band, 
nation, pueblo, village, community, component band, or compo-
nent reservation, individually identified (including parentheti-
cally) in the list published most recently, as of the date of 
enactment of the James M. Inhofe National Defense Authoriza-
tion Act for Fiscal Year 2023, pursuant to section 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 Settlement Act (43 U.S.C. 1602).’’. 
(2) CLERICAL AMENDMENT.—The analysis for chapter 556 
of title 46, United States Code, is amended by striking the 
item relating to section 55605 and inserting the following: 
‘‘55605. Definitions.’’. 
(e) REPORT ON MARITIME HIGHWAY TRANSPORTATION 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 Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce,
H. R. 7776—686 
Science and Transportation of the Senate a report on opportunities 
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 available the map 
of marine highway program routes required 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 development 
grants under section 54301 of title 46, United States Code, for 
fiscal year 2023, the Secretary of Transportation 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 INFRASTRUC-
TURE DEVELOPMENT PROGRAM. 
In making port infrastructure development grants under section 
54301 of title 46, United States Code, for fiscal year 2023, in 
considering the criteria under subparagraphs (A)(ii) and (B)(ii) of 
paragraph (6) of subsection (a) with respect to a project described 
in paragraph (3) of such subsection that is located in a noncontig-
uous State or territory, the Secretary may take into account— 
(1) the geographic isolation of the State or territory; and 
(2) the economic dependence of the State or territory 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 fiscal year 2023, the 
Secretary may consider infrastructure improvements identified in 
the report on strategic seaports required by section 3515 of the 
National Defense Authorization Act for Fiscal Year 2020 (Public 
Law 116–92; 133 Stat. 1985) that would improve the commercial 
operations of those seaports. 
SEC. 3525. GAO REVIEW OF GOVERNMENT EFFORTS TO PROMOTE 
GROWTH AND MODERNIZATION OF UNITED STATES MER-
CHANT FLEET. 
(a) REVIEW.—The Comptroller General of the United States 
shall conduct a review of the efforts of the United States Govern-
ment to promote the growth and modernization of the United States 
maritime industry and the vessels of the United States, as defined 
in section 116 of title 46, United States Code, including the overall 
efficacy of United States Government financial support and policies,
H. R. 7776—687 
including 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 Transpor-
tation of the Senate and the Committee 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 connectors to weather-related disas-
ters. 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 information during a disaster when 
communications systems 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 working in line with recent 
recommendations from key resiliency reports, including the 
National Academies of Science study on strengthening supply 
chain resilience, to establish a framework for ports to follow 
to increase resiliency to major weather-related disruptions 
before such disruptions happen. 
(3) The extent to which the Department of Transportation 
or other Federal agencies have provided funds to ports for 
resiliency-related projects. 
(4) The extent to which Federal agencies have a coordinated 
approach to helping ports and the multiple State, local, Tribal, 
and private stakeholders involved, to improve resiliency prior 
to weather-related disasters. 
(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 Transportation of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives a report containing the results 
of the review required under subsection (a). 
SEC. 3527. STUDY ON FOREIGN INVESTMENT IN SHIPPING. 
(a) ASSESSMENT.—Subject to the availability of appropriations, 
the Under Secretary of Commerce for International Trade (referred 
to in this section as the ‘‘Under Secretary’’), in coordination with 
the Maritime Administrator, the Commissioner of the Federal Mari-
time Commission, 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 merchant fleet 
to entities or individuals building, owning, chartering, operating, 
or financing vessels not documented under the laws of the United 
States that are engaged in foreign commerce. 
(b) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Under Secretary shall submit to the 
appropriate committees of Congress, as defined in section 3515(e),