Division C — Department of Energy National Security Authorizations and Other Authorizations

117th Congress · Approved Dec 23, 2022 · 136 Stat. 2395

DIVISION C Department of Energy National Security Authorizations and Other Authorizations

TITLE XXXI Department of Energy National Security Programs

Subtitle A National Security Programs and Authorizations

SEC. 3101. National Nuclear Security Administration.

(a)

Authorization of Appropriations.— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2023 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.

(b)

Authorization of New Plant Projects.— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 23–D–516, Energetic Materials Characterization Facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $19,000,000. Project 23–D–517, Electrical Power Capacity Upgrade, Los Alamos National Laboratory, Los Alamos, New Mexico, $24,000,000. Project 23–D–518, Plutonium Modernization Operations & Waste Management Office Building, Los Alamos National Laboratory, Los Alamos, New Mexico, $48,500,000. Project 23–D–519, Special Materials Facility, Y–12 National Security Complex, Oak Ridge, Tennessee, $49,500,000. Project 23–D–533, Component Test Complex Project, Bettis Atomic Power Laboratory, West Mifflin, Pennsylvania, $57,420,000.

SEC. 3102. Defense Environmental Cleanup.

(a)

Authorization of Appropriations.— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2023 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.

(b)

Authorization of New Plant Projects.— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 23–D–402, Calcine Construction, Idaho National Laboratory, Idaho Falls, Idaho, $10,000,000. Project 23–D–403, Hanford 200 West Area Tank Farms Risk Management Project, Office of River Protection, Richland, Washington, $4,408,000. Project 23–D–404, 181D Export Water System Reconfiguration and Upgrade, Hanford Site, Richland, Washington, $6,770,000. Project 23–D–405, 181B Export Water System Reconfiguration and Upgrade, Hanford Site, Richland, Washington, $480,000.

SEC. 3103. Other Defense Activities.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2023 for other defense activities in carrying out programs as specified in the funding table in section 4701.

SEC. 3104. Nuclear Energy.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2023 for nuclear energy as specified in the funding table in section 4701.

Subtitle B Program Authorizations, Restrictions, and Limitations

SEC. 3111. Requirements for Specific Request for New or Modified Nuclear Weapons.

Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by inserting “ beyond phase 1 or phase 6.1 (as the case may be) of the nuclear weapon acquisition process” after “ modified nuclear weapon”; and

(B)

in paragraph (2), by striking “ research and development which could lead to the production” both places it appears and inserting “ research and development for the production”;

(2)

by striking subsection (b) and inserting the following new subsection:

“(b) Budget Request Format.—In a request for funds under subsection (a), the Secretary shall include a dedicated line item for each activity described in subsection (a)(2) for a new nuclear weapon or modified nuclear weapon that is in phase 2 or higher or phase 6.2 or higher (as the case may be) of the nuclear weapon acquisition process.”

; and

(3)

by striking subsection (c) and inserting the following new subsection:

“(c) Notification and Briefing of Noncovered Activities.—In any fiscal year after fiscal year 2022, the Secretary of Energy, acting through the Administrator, in conjunction with the annual submission of the budget of the President to Congress pursuant to section 1105 of title 31, United States Code, shall notify the congressional defense committees of—

“(1) any activities described in subsection (a)(2) relating to the development of a new nuclear weapon or modified nuclear weapon that, during the calendar year prior to the budget submission, were carried out prior to phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process; and

“(2) any plans to carry out, prior to phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process, activities described in subsection (a)(2) relating to the development of a new nuclear weapon or modified nuclear weapon during the fiscal year covered by that budget.”

SEC. 3112. Modifications to Long-Term Plan for Meeting National Security Requirements for Unencumbered Uranium.

(a)

Timing.— Subsection (a) of section 4221 of the Atomic Energy Defense Act (50 U.S.C. 2538c) is amended—

(1)

by striking “ each even-numbered year through 2026” and inserting “ each odd-numbered year through 2031”; and

(2)

by striking “ 2065” and inserting “ 2070”.

(b)

Plan Requirements.— Subsection (b) of such section is amended—

(1)

in paragraph (3), by inserting “ through 2070” after “ unencumbered uranium”;

(2)

by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively;

(3)

by inserting after paragraph (3) the following new paragraph (4):

“(4) An assessment of current and projected unencumbered uranium production by private industry in the United States that could support future defense requirements.”

; and

(4)

by striking paragraphs (8) and (9), as so redesignated, and inserting the following new paragraphs:

“(8) An assessment of—

“(A) when additional enrichment of uranium will be required to meet national security requirements; and

“(B) the options the Secretary is considering to meet such requirements, including an estimated cost and timeline for each option and a description of any changes to policy or law that the Secretary determines would be required for each option.

“(9) An assessment of how options to provide additional enriched uranium to meet national security requirements could, as an additional benefit, contribute to the establishment of a sustained domestic enrichment capacity and allow the commercial sector of the United States to reduce reliance on importing uranium from adversary countries.”

(c)

Comptroller General Review.— Such section is further amended—

(1)

by redesignating subsection (d) as subsection (e); and

(2)

by inserting after subsection (c) the following new subsection:

“(d) Comptroller General Briefing.—Not later than 180 days after the date on which the congressional defense committees receive each plan under subsection (a), the Comptroller General of the United States shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that includes an assessment of the plan.”

SEC. 3113. Modification of Minor Construction Threshold for Plant Projects.

(a)

Threshold.— Paragraph (2) of section 4701 of the Atomic Energy Defense Act (50 U.S.C. 2741(2)) is amended to read as follows:

“(2)

(A) Except as provided by subparagraphs (B) and (C), the term ‘minor construction threshold’ means $30,000,000.

“(B) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023 and ending on November 30, 2025, the Administrator may calculate the amount specified in subparagraph (A) based on fiscal year 2022 constant dollars if the Administrator—

“(i) submits to the congressional defense committees a report on the method used by the Administrator to calculate the adjustment;

“(ii) a period of 30 days elapses following the date of such submission; and

“(iii) publishes the adjusted amount in the Federal Register.

“(C) Beginning on December 1, 2025, the term ‘minor construction threshold’ means—

“(i) $30,000,000; or

“(ii) if the Administrator calculated a different amount pursuant to subparagraph (B), the last such calculated amount as published in the Federal Register under clause (iii) of such subparagraph.”

(b)

Reports.— Section 4703(b) of such Act (50 U.S.C. 2743) is amended by adding at the end the following: “ The report shall include with respect to each project the following:”

“(1) The estimated original total project cost and the estimated original date of completion.

“(2) The percentage of the project that is complete.

“(3) The current estimated total project cost and estimated date of completion.”

SEC. 3114. Update to Plan for Deactivation and Decommissioning of Nonoperational Defense Nuclear Facilities.

Section 4423 of the Atomic Energy Defense Act (50 U.S.C. 2603) is amended—

(1)

in subsection (a), by striking “ during each even-numbered year beginning in 2016”; and inserting “ every four years beginning in 2025”;

(2)

in subsection (c)—

(A)

by striking “ 2016” and inserting “ 2025”;

(B)

by striking “ 2019” and inserting “ 2029”; and

(C)

by striking “ determines—” and all that follows and inserting “ determines are nonoperational as of September 30, 2024.”;

(3)

in subsection (d)—

(A)

by striking “ Not later than March 31 of each even-numbered year beginning in 2016” and inserting “ Not later than March 31, 2025, and every four years thereafter,”;

(B)

by striking “ submitting during 2016” and inserting “ submitted during 2025”; and

(C)

by striking paragraph (4) and inserting the following new paragraph:

“(4) a description of the deactivation and decommissioning actions taken at each nonoperational defense nuclear facility during the period following the date on which the previous report required by this section was submitted.”

; and

(4)

in subsection (e), by striking “ 2026” and inserting “ 2033”.

SEC. 3115. Use of Alternative Technologies to Eliminate Proliferation Threats at Vulnerable Sites.

Section 4306B of the Atomic Energy Defense Act (50 U.S.C. 2569) is amended—

(1)

in subsection (c)(1)(M)(ii), by inserting “ (including through the use of alternative technologies)” after “ convert”; and

(2)

in subsection (g), by adding at the end the following new paragraph:

“(7) The term ‘alternative technologies’ means technologies, such as accelerator-based equipment, that do not use radiological materials.”

SEC. 3116. Unavailability for Overhead Costs of Amounts Specified for Laboratory-Directed Research and Development.

(a)

In General.— Section 4812 of the Atomic Energy Defense Act (50 U.S.C. 2792) is amended by adding at the end the following new subsection:

“(c) Limitation on Use of Funds for Overhead.—A national security laboratory may not use funds made available under section 4811(c) to cover the costs of general and administrative overhead for the laboratory.”

(b)

Repeal of Pilot Program.— Section 3119 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 2791 note) is repealed.

SEC. 3117. Workforce Enhancement for National Nuclear Security Administration.

(a)

Elimination of Cap on Full-time Equivalent Employees of the National Nuclear Security Administration.— Section 3241A of the National Nuclear Security Administration Act (50 U.S.C. 2441a) is amended—

(1)

by striking subsections (a) and (c);

(2)

by redesignating subsections (d), (e), and (f) as subsections (a), (b), and (c), respectively; and

(3)

by redesignating the first subsection (b) as subsection (d) and moving the subsection so as to appear after subsection (c), as redesignated by paragraph (2).

(b)

Annual Briefing.— Subsection (c) of such section, as so redesignated, is amended to read as follows:

“(c) Annual Briefing.—In conjunction with the submission of the budget of the President to Congress pursuant to section 1105 of title 31, United States Code, the Administrator shall provide to the congressional defense committees a briefing containing the following information:

“(1) A projection of the expected number of employees of the Office of the Administrator, as counted under subsection (d), for the fiscal year covered by the budget and the four subsequent fiscal years, broken down by the office in which the employees are projected to be assigned.

“(2) With respect to the most recent fiscal year for which data is available—

“(A) the number of service support contracts of the Administration and whether such contracts are funded using program or program direction funds;

“(B) the number of full-time equivalent contractor employees working under each contract identified under subparagraph (A);

“(C) the number of full-time equivalent contractor employees described in subparagraph (B) that have been employed under such a contract for a period greater than two years;

“(D) with respect to each contract identified under subparagraph (A)—

“(i) identification of each appropriations account that supports the contract; and

“(ii) the amount obligated under the contract during the fiscal year, listed by each such account; and

“(E) with respect to each appropriations account identified under subparagraph (D)(i), the total amount obligated for contracts identified under subparagraph (A).”

(c)

Conforming Amendment.— Subsection (d) of such section, as redesignated by subsection (a), is amended by striking “ under subsection (a)” each place it appears and inserting “ under subsection (c)”.

SEC. 3118. Modification of Cost Baselines for Certain Projects.

Section 4713(a) of the Atomic Energy Defense Act (50 U.S.C. 2753(a)) is amended—

(1)

in paragraph (2)(D), by striking “ $750,000,000” and inserting “ $800,000,000”;

(2)

in paragraph (3)(A)(i), by striking “ $50,000,000” and inserting “ $65,000,000”; and

(3)

in paragraph (4)(A)(i), by striking “ $50,000,000” and inserting “ $65,000,000”.

SEC. 3119. Purchase of Real Property Options.

Subtitle E of the National Nuclear Security Administration Act (50 U.S.C. 2461 et seq.) is amended by adding at the end the following new section (and conforming the table of contents at the beginning of such Act accordingly):

“SEC. 3265. USE OF FUNDS FOR THE PURCHASE OF OPTIONS TO PURCHASE REAL PROPERTY.

“(a) Authority.—Subject to the limitation in subsection (b), funds authorized to be appropriated for the Administration for the purchase of real property may be expended to purchase options for the purchase of real property.

“(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 Administrator shall submit to the congressional defense committees—

“(1) a notification of such purchase; and

“(2) a summary of the rationale for such purchase.”

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 obligated or expended to reconvert or retire a W76–2 warhead.

(b)

Waiver.— The Administrator for Nuclear Security may waive the prohibition in subsection (a) if the Administrator, in consultation with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, certifies in writing to the congressional defense committees—

(1)

that Russia and China do not possess naval capabilities similar to the W76–2 warhead in the active 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 Manufacturing Processes.

(a)

Acceleration of Manufacturing.— The Administrator for Nuclear Security shall require the nuclear security enterprise to accelerate the modernization of manufacturing processes for depleted uranium by 2030 so that the nuclear security enterprise—

(1)

demonstrates bulk cold hearth melting of depleted uranium alloys to augment existing capabilities on an operational basis for war reserve components;

(2)

manufactures, on a repeatable and ongoing basis, war reserve depleted uranium alloy components using net shape casting;

(3)

demonstrates, if possible, a production facility to conduct routine operations for manufacturing depleted uranium alloy components outside of the current 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 Administrator 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 Energy Defense Act (50 U.S.C. 2501).

SEC. 3122. Assistance by the National Nuclear Security 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 Nuclear Security shall enter into an agreement with the Secretary of the Air Force under which the Administrator shall support the Air Force by reviewing and validating the development and sustainment of a fuse for the Mark 21A reentry vehicle to support the W87–1 warhead over the projected 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 National Nuclear Security Administration in fuse and warhead design and manufacturing is available to support successful development and sustainment of the fuse over its lifetime.

(b)

Budget Request.— The Administrator shall include, in the budget justification materials submitted to Congress in support of the budget of the Department of Energy 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 agreement 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 National Nuclear Security Administration and ensure that assistance 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 congressional defense committees the agreement under subsection (a) and any comments that the Council considers appropriate.

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 Energy shall, in consultation with the Administrator for Nuclear Security and the Director of the Office of Science, determine 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 congressional defense committees a report describing the standardized 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 Defined.— In this section, the term “standardized indirect cost elements” means the categories of indirect costs incurred by management and operating contractors that receive funds to perform work for the National Nuclear Security Administration.

SEC. 3124. Certification of Completion of Milestones 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 National Nuclear Security Administration in September 2021.

(b)

Assessments.— The Administrator shall—

(1)

acting through the Defense Programs Advisory Committee, conduct biennial reviews during the period beginning not later than one year after the date of the enactment of this Act and ending December 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 plutonium 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—

(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 Milestones.— Not later than October 1, 2031, the Administrator shall—

(1)

certify to the congressional defense committees whether the milestones described in subsection (a) have been achieved; and

(2)

if the milestones have not been achieved, submit to such committees a report—

(A)

describing the reasons such milestones have not been achieved;

(B)

including, if the Administrator determines 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.

SEC. 3125. National Nuclear Security Administration Facility Advanced Manufacturing Development.

(a)

In General.— Of the funds authorized to be appropriated by this Act for fiscal year 2023 for the National Nuclear Security Administration for nuclear weapons production 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 activities in order to maintain and enhance the engineering and manufacturing capabilities at such facility.

(b)

Nuclear Weapons Production Facility Defined.— In this section, the term “nuclear weapons production 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 Administration.

(a)

Authority.— The Administrator for Nuclear Security may authorize management and operating contractors at covered facilities to develop and implement workforce development and training partnership programs to further the education and training of employees or prospective employees of such management and operating contractors to 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 management 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 curriculum development, hiring of teachers, procurement of equipment and machinery, use of facilities or other properties, 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 production at a covered facility.

Subtitle C Reports and Other Matters

SEC. 3131. Modification to Certain Reporting Requirements.

(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 committees 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 Authorization 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 subsections (a), (d), and (e) as a single annual report, including 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 Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(i)))” and inserting “ section 3136 of the National Defense Authorization 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—

(i)

in subtitle A, by striking section 4215; and

(ii)

in subtitle B, by striking section 4235; and

(B)

in title XLIV—

(i)

in subtitle A, by striking section 4403;

(ii)

in subtitle C, by striking sections 4444, 4445, and 4446; and

(iii)

in subtitle D, by striking section 4454.

(2)

Clerical amendment.— The table of contents for the Atomic Energy Defense Act is amended by striking the items relating to sections 4215, 4235, 4403, 4444, 4445, 4446, and 4454.

(b)

Repeal of Other Provisions.—

(1)

Authority to use international nuclear materials protection and cooperation program funds outside the former soviet union.— Section 3124 of the National Defense Authorization Act for Fiscal Year 2004 (50 U.S.C. 2568) is repealed.

(2)

Silk road initiative; nuclear nonproliferation fellowships.— Sections 3133 and 3134 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2570, 2571) are repealed.

(3)

Requirement for research and development plan and report with respect to nuclear forensics capabilities.— Section 3114 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (50 U.S.C. 2574) is repealed.

TITLE XXXII Defense Nuclear Facilities Safety Board

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 Energy Act of 1954 (42 U.S.C. 2286 et seq.).

SEC. 3202. Continuation of Functions and Powers 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 paragraphs:

“(2) In accordance with paragraph (4), during a covered period, the Chairperson, in consultation with an eligible 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 begins, 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 defense nuclear facilities under section 312 pursuant to paragraph (2) only if—

“(A) a period of 30 days elapses following the date on which the Chairperson submits the notification required under paragraph (3);

“(B) not later than 30 days after making any such recommendation or initiating any such investigation, the Chairperson notifies the congressional defense committees of such recommendation or investigation; and

“(C) any eligible member concurs with such recommendation or investigation.

“(5) In this subsection:

“(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 beginning 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 during a covered period and who is not incapacitated.”

TITLE XXXIV Naval Petroleum Reserves

SEC. 3401. Authorization of Appropriations.

(a)

Amount.— There are hereby authorized to be appropriated 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.

(b)

Period of Availability.— Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.

TITLE XXXV Maritime Administration

Subtitle A Maritime Administration

SEC. 3501. Authorization of Appropriations for the Maritime Administration.

(a)

Maritime Administration.— There are authorized to be appropriated to the Department of Transportation for fiscal year 2023, for programs associated with maintaining the United States Merchant Marine, the following amounts:

(1)

For expenses necessary to support the United States Merchant Marine Academy, $112,848,000, of which—

(A)

$87,848,000 shall be for Academy operations;

(B)

$22,000,000 shall be for facilities maintenance and repair and equipment; and

(C)

$3,000,000 shall be for training, staffing, retention, recruiting, and contract management for United States Merchant Marine Academy capital improvement projects.

(2)

For expenses necessary to support the State maritime academies, $53,780,000, of which—

(A)

$2,400,000 shall be for the Student Incentive 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 National Security Multi-Mission Vessel Program, including funds for construction and necessary expenses to construct shoreside infrastructure to support such vessels, $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 program authorized under section 50307 of title 46, United States Code;

(B)

$30,000,000 shall be for shall be for the Maritime Centers of Excellence, including to make grants authorized under Section 51706 of title 46, United States Code;

(C)

$15,000,000 shall be for the Marine Highways Program, including to make grants as authorized under section 55601 of title 46, United States Code;

(D)

$67,433,000 shall be for headquarters operations expenses;

(E)

$2,000,000 shall be for expenses necessary to provide for sealift contested environment evaluation;

(F)

$800,000 shall be for expenses necessary to provide for National Defense Reserve Fleet resiliency; and

(G)

$1,200,000 shall be for expenses necessary to provide for a comprehensive evaluation to assess the requirements for the training ship State of Michigan.

(5)

For expenses necessary for the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $6,000,000.

(6)

For expenses necessary to maintain and preserve a United States flag merchant marine to serve 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 defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the program; and

(B)

$3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program.

(8)

For expenses necessary to provide assistance to small shipyards and for maritime training programs 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, except that no such funds authorized under this title for this program may be used to provide a grant to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary 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 amended—

(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:

“(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 Maritime Administrator shall prepare and submit to the Committees 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 support 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 conversion 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 conversion requirements, and crew training requirements.

(4)

An assessment of whether the $6,000,000 per-vessel stipend meets requirements to attract and sustain the full 20-vessel requirement for the Tanker Security Program.

(5)

An assessment of the need for additional authorities 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 appropriate.

SEC. 3502. Secretary of Transportation Responsibility with Respect to Cargoes Procured, 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 implement 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 Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the administration of such programs”.

Subtitle B Merchant Marine Academy

SEC. 3511. Exemption of Certain Students from Requirement 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 condition shall”; and

(C)

in the paragraph heading, by inserting “ or psychological” after “ physical”; and

(2)

by adding at the end the following new subsection:

“(d) Definition of Documented Medical or Psychological Condition.—In this section the term ‘documented medical or psychological condition’ means, with respect to an individual, a physical disqualification or psychological condition, including a mental health condition arising from sexual assault or sexual harassment, for which the individual has been treated or is being treated by a medical 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 redesignated, 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 Federal Officer selected under subsection (g)(2) shall notify that member.”

(2)

in subsection (d)—

(A)

in paragraph (1), by inserting “ and 2 additional meetings, which may be held in person or virtually” after “ Academy”; and

(B)

by adding at the end the following:

“(3) Scheduling; notification.—When scheduling a meeting of the Board, the Designated Federal Officer shall coordinate, to the greatest extent practicable, with the members of the Board to determine the date and time of the meeting. Members of the Board shall be notified of the date of each meeting not less than 30 days prior to the meeting date.”

(3)

in subsection (e), by adding at the end the following:

“(4) Staff.—One or more staff of each member of the Board may accompany them on Academy visits.

“(5) Scheduling; notification.—When scheduling a visit to the Academy, the Designated Federal Officer shall coordinate, to the greatest extent practicable, with the members of the Board to determine the date and time of the visit. Members of the Board shall be notified of the date of each visit not less than 30 days prior to the visit date.”

; and

(4)

in subsection (h)—

(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 Assault 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 Administrator, 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 violence, sexual assault, and stalking; and

“(2) a process for collecting pertinent information from such owners or operators and verifying their compliance with the criteria.

“(b) Minimum Standards.—At a minimum, the criteria established under subsection (a) shall require the vessel owners or operators to have policies that address—

“(1) communication between a cadet and an individual ashore who is trained in responding to incidents 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, dating violence, domestic violence, and stalking consistent with the requirements in section 10104;

“(4) the maintenance of records of reports of sexual harassment, dating violence, domestic violence, sexual assault, and stalking onboard a vessel carrying a cadet;

“(5) the maintenance of records of sexual harassment, dating violence, domestic violence, sexual assault, and stalking training as required under subsection (f);

“(6) a requirement for the owner or operator provide each cadet a copy of the policies and procedures related to sexual harassment, dating violence, domestic violence, sexual assault, and stalking policies that pertain to the vessel on which they will be employed; and

“(7) any other issues the Maritime Administrator determines necessary to ensure the safety of cadets during Sea Year training.

“(c) Self-certification by Owners or Operators.—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 compliance with the criteria established under subsection (a); and

“(2) the vessel is in compliance with the International 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 participating in Sea Year—

“(1) receives training specific to vessel safety, including 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;

“(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 violence, 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 striking paragraph (2) and inserting the following new paragraphs:

“(2) Access to information.—The vessel operator shall make available to staff conducting a vessel check such information as the Maritime Administrator 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 determine that a commercial vessel is not in compliance 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 striking “ 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 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 prescribe rules necessary to carry out the amendments made by this section.

(2)

Interim rules.— The Maritime Administrator 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 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 equivalent 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 subsection (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;

“(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 Recommendations.—

(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 Secretary intends to take to implement the portion of such recommendation with which the Secretary concurs, including—

(I)

intermediate actions, milestone dates, and the expected completion date for the implementation 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 recommendation;

(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 applicable to the Department of Transportation, an explanation of the reasons for the determination; and

(v)

any statutory changes that may be necessary—

(I)

to fully implement the recommendations specified in paragraph (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 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 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, 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.

(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 Transportation 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 recommendations 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 recommendation 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 consultation 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 determines are relevant 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 paragraph (1);

(ii)

include estimated timelines and cost estimates for the implementation of priority goals;

(iii)

include summaries of stakeholder and interagency engagement used to assess goals and timelines;

(iv)

with respect to any recommendation the Superintendent determines is not relevant to the Maritime Administration, include an explanation for the determination; 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 Administration to address such plan;

(ii)

monitor the actions taken by the Maritime Administration to implement recommendations contained 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 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 Administrator of the Maritime Administration and the appropriate congressional 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 committees a report that includes a description of—

(i)

the actions planned to be taken by the Maritime Administration, and estimated timeframes, to implement any open or unresolved recommendation—

(I)

included in the report of the Inspector General 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 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 committees” means—

(1)

the Committee on Commerce, Science, and Transportation 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 evaluation 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 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 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 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 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.—

“(1) Requirements.—The Secretary shall require 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—

“(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 available, on each voyage; and

“(B) implement and adhere to policies, programs, 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 referred 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 Administrator 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 pursuant to paragraph (2)(B) may be paid, upon a determination by the Maritime Administrator that the operator is in compliance with the policies, programs, criteria, and requirements referred to in paragraph (1).”

(2)

Applicability.— Paragraph (2) of subsection (b) of section 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 Transportation a program, to be known as the ‘United States marine highway program’.

“(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 appropriate 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 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 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

“(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 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 transportation project;

“(II) the supporters of the marine highway transportation project, which may include business affiliations, private sector stakeholders, State departments of transportation, metropolitan planning organizations, municipalities, or other governmental 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 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 contains a brief description of the item referred to in clauses (i) through (iii) of such subparagraph.

“(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 assistance 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 applications if the feedback is requested by that applicant.

“(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 government; 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 agreements under this subsection, the Secretary shall give a preference 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 obligation 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 Secretary 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 assistance 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 subsection may not be used—

“(A) to improve port or land-based infrastructure outside the United States; or

“(B) unless the Secretary determines that such activities 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.

“(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 planning organization;

“(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 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 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 Transportation 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 transportation 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—

“(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 transportation 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 interstate 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—

(1)

by redesignating paragraphs (1) through (3) as paragraphs (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 carriage 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 component reservation, individually identified (including parenthetically) in the list published most recently, as of the date of enactment of the James M. Inhofe National Defense Authorization 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, 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 Infrastructure 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 noncontiguous 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 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 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, 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 Transportation 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 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 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 Maritime 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), a report on the assessment conducted under subsection (a). Such report shall include—

(1)

the amount, in United States dollars, of subsidies, indirect state support, and other financial infrastructure or benefits provided by a foreign state described in subsection (a) to—

(A)

the shipping industry of each country as a whole;

(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 subsidies, indirect state support, and other financial infrastructure or benefits provided by a foreign state described 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 activities of state-owned enterprises of a foreign state described in subsection (a);

(4)

a description of the type of support provided by a foreign state described in subsection (a), including tax relief, direct payment, indirect support of state-controlled financial entities, or other such support, 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 documented under the laws of the United States that are engaged in foreign commerce and the national security of the United States.

(c)

Definitions.— In this section:

(1)

The term “foreign commerce” means—

(A)

commerce or trade between the United States, its territories or possessions, or the District 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 financing of vessels engaged in foreign commerce.

SEC. 3528. Report on Alternate Marine Fuel Bunkering 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, hydrogen, ammonia, or other new marine fuels under development.

(b)

Contents.— The report required under subsection (a) shall include—

(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, hydrogen, ammonia, or other new marine fuels under development;

(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, hydrogen, ammonia, or other new marine fuels under development;

(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 relevant 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 marine fuels, as well as the Federal funding grants or formula programs that could be used for such marine fuels.

SEC. 3529. Study of Cybersecurity and National Security Threats Posed by Foreign Manufactured Cranes at United States Ports.

(a)

Study.— The Maritime Administrator, in consultation with the Secretary of Homeland Security, the Secretary of Defense, and the Director of the Cybersecurity and Infrastructure Security Agency, shall conduct a study to assess 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 Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Armed Services of the Senate, the Committee on Homeland Security and Governmental Affairs 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 unclassified form, but may include a classified annex.

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 prevention 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 maintain, in such a manner that patterns can be reasonably identified, information regarding claims and incidents involving cadets that are reportable pursuant to subsection (d) of section 51318 of this chapter.

“(2) Information maintained in the system.—Information maintained in the system established under paragraph (1) shall include the following information, to the extent that information is available:

“(A) The overall number of sexual assault or sexual harassment incidents per fiscal year.

“(B) The location of each such incident, including vessel name and the name of the company operating the vessel, if applicable.

“(C) The standardized job title or position of the individuals involved in each such incident.

“(D) The general nature of each such incident, to include copies of any associated reports completed on the incidents.

“(E) The type of inquiry made into each such incident.

“(F) A record of whether each such incident was substantiated by the relevant investigative process.

“(3) Past information included.—The information management system under this section shall include the relevant data listed in this subsection related to sexual assault and sexual harassment that the Maritime Administrator possesses, and shall not be limited to data collected after January 1, 2023.

“(4) Privacy protections.—The Maritime Administrator and the Chief Information Officer of the Department of Transportation shall coordinate to ensure that the information management system under this section shall—

“(A) be established and maintained in a secure fashion to ensure the protection of the privacy of any individuals whose information is entered in such system; and

“(B) be free of personally identifiable information 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 Department of Transportation shall commence an audit of the cybersecurity of the system and shall submit a report containing the results of that audit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

“(6) Correcting records.—In establishing the information management system, the Maritime Administrator 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.

“(b) Sea Year Program.—The Maritime Administrator shall provide for the establishment of in-person and virtual confidential exit interviews, to be conducted by personnel who are not involved in the assignment of the midshipmen to a Sea Year vessel, for midshipmen from the Academy upon completion of Sea Year and following completion by the midshipmen of the survey under section 51322(d).

“(c) Data-informed Decisionmaking.—The data maintained in the data management system under subsection (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 existing policy or regulation, in the areas of sexual harassment, 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 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 membership 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 academic 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 academic 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 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, including improvements to culture and leadership development at the Merchant Marine Academy; and

“(3) periodically review the efficacy of the program in section 51325(b), as appropriate, and provide recommendations to the Maritime Administrator for improvement.

“(g) Working Groups.—The Advisory Board may establish one or more working groups to assist the Advisory Board in carrying out its duties, including working groups composed in part of midshipmen at the Merchant Marine Academy who are not current members of the Advisory Board.

“(h) Reports and Briefings.—The Advisory Board shall regularly provide the Secretary of Transportation and the 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 briefings may be provided in writing, in person, or both.

“§ 51327. Sexual Assault Advisory Council

“(a) Establishment.—The Secretary of Transportation shall establish a Sexual Assault Advisory Council (in this section referred to as the ‘Council’).

“(b) Membership.—

“(1) In general.—The Council shall be composed of not fewer than 8 and not more than 14 individuals selected by the Secretary of Transportation who are alumni that have graduated within the last 4 years or current midshipmen of the United States Merchant Marine Academy (including midshipmen or alumni who were victims of sexual assault, to the maximum extent practicable, and midshipmen or alumni who were not victims of sexual assault) and governmental and nongovernmental experts and professionals in the sexual assault field.

“(2) Experts included.—The Council shall include—

“(A) not less than 1 member who is licensed in the field of mental health and has prior experience working as a counselor or therapist providing mental health care to survivors of sexual assault in a victim services agency or organization; and

“(B) not less than 1 member who has prior experience developing or implementing sexual assault or sexual harassment prevention and response policies in an academic setting.

“(3) Rules regarding membership.—No employee of the Department of Transportation shall be a member of the Council. The number of governmental experts appointed to the Council shall not exceed the number of nongovernmental experts.

“(c) Duties; Authorized Activities.—

“(1) In general.—The Council shall meet not less often than 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 section 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 conform, to the extent practicable, to best practices in the field of sexual assault and sexual harassment response and prevention.

“(2) Authorized activities.—To carry out this subsection, the Council may—

“(A) interview current and former midshipmen of the United States Merchant Marine Academy (to the extent that such midshipmen provide the Department of Transportation express consent to be interviewed by the Council); and

“(B) review surveys under section 51322(d).

“(3) Personally identifiable information.—In carrying out this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information.

“(d) Reports.—On an annual basis for each of the 5 years after the date of enactment of this section, and at the discretion of the Council thereafter, the Council shall submit, to the President and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, a report on the Council’s findings based on the reviews conducted pursuant to subsection (c) and related recommendations.

“(e) Employee Status.—Members of the Council shall not be considered employees of the United States Government for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5.

“(f) Nonapplicability of FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.

“§ 51328. Student support

“The Maritime Administrator shall—

“(1) require a biannual survey of midshipmen, faculty, and staff of the Academy assessing the environment of the Academy; and

“(2) require an annual survey of faculty and staff of the Academy assessing the Sea Year program.”

(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 analysis 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 management system.

“51326. Student advisory board at the United States Merchant Marine Academy.

“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 relevant mental health professionals in the Federal Government 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 information;

(C)

create an option for midshipmen to obtain 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.

(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 implement 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 following:

“(c) Special Victims Advisor.—

“(1) In general.—The Secretary shall designate an attorney (to be known as the ‘Special Victims Advisor’) for the purpose of providing legal assistance to any cadet of the Academy who is the victim of an alleged sex-related offense regarding administrative and criminal proceedings related to such offense, regardless of whether the report of that offense is restricted or unrestricted.

“(2) Special victims advisory.—The Secretary shall ensure that the attorney designated as the Special Victims Advisor has knowledge of the Uniform Code of Military Justice, as well as criminal and civil law.

“(3) Privileged communications.—Any communications between a victim of an alleged sex-related offense and the Special Victim Advisor, when acting in their capacity as such, shall have the same protection that applicable law provides for confidential attorney-client communications.”

; and

(3)

by adding at the end the following:

“(e) Unfilled Vacancies.—The Administrator of the Maritime Administration may appoint qualified candidates to positions under 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 Commandant of the Coast Guard, in coordination with the Maritime Administrator, shall conduct an assessment of the feasibility and process necessary, and appropriate responsible entities to establish a program for the United States Merchant Marine Academy and United States Merchant Marine modeled on the Catch a Serial Offender program of the Department of Defense using the information management system required under subsection (a) of section 51325 of title 46, United States Code, and the exit interviews under subsection (b) of such section.

(2)

Legislative change proposals.— If, as a result of the assessment required by paragraph (1), the Commandant or the Administrator determines that additional authority is necessary to implement the program described in paragraph (1), the Commandant 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 training that, to the extent practicable, conforms to best practices in the sexual assault prevention and response field and includes appropriate scenario-based training.

“(B) Development and consultation with experts.—In developing the sexual assault risk-reduction and response training under subparagraph (A), the Maritime Administrator shall consult with and incorporate, as appropriate, the recommendations and views of experts in the sexual assault field.”

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 maritime 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 excellence designated under subsection (a) for the purpose of developing, offering, or improving career and technical education or training programs related to the 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 maritime industry career and technical education or training programs;

“(D) how the project proposed to be funded by the grant would address shortcomings in existing educational or career training opportunities available to United States maritime industry workers; and

“(E) the extent to which employers, including small and medium-sized firms, have demonstrated a commitment to employing United States maritime industry workers who would benefit from the project for which the grant proposal is submitted.

“(3) Criteria for award of grants.—Subject to the appropriation of funds to carry out this section, the Secretary shall award grants under this subsection 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 maritime industry workers who complete a maritime career and technical education or training program that a center proposes to develop, offer, or improve; and

“(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 demand 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 Secretary shall post a Notice of Funding Opportunity regarding grants awarded under this subsection 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 enactment 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 subsection 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 excellence designated under subsection (a) that has received funds awarded under section 54101(a)(2) for training purposes for a fiscal year shall not be eligible for grants under this subsection during 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

“(vi) Mississippi River System;

“(B) is—

“(i) a postsecondary educational institution (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 institution (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 entity 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 apprenticeship program registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a State apprenticeship agency recognized by the Office of Apprenticeship pursuant to the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); or

“(v) a maritime training center designated prior to the date of enactment of the National Defense Authorization Act for Fiscal Year 2023; and

“(C) has a demonstrated record of success in maritime workforce training and education.”

; and

(B)

by adding at the end the following:

“(3) Career and technical education.—The term ‘career and technical education’ has the meaning given such term in section 3(5) of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2302).

“(4) Secretary.—The term ‘Secretary’ means the Secretary of Transportation.

“(5) Training program.—The term ‘training program’ means a program that provides training services, as described in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act (Public Law 113–128; 29 U.S.C. 3174).

“(6) United states maritime industry.—The term ‘United States maritime industry’ means the design, construction, repair, operation, manning, and supply of vessels in all segments of the maritime transportation system of the United States, including—

“(A) the domestic and foreign trade;

“(B) the coastal, offshore, and inland trade;

“(C) non-commercial maritime activities, including—

“(i) recreational boating; and

“(ii) oceanographic and limnological research as described in section 2101(24).”

(b)

Publicly Available Report.— Not later than December 15 in each of calendar years 2022 through 2024, the Secretary of Transportation shall make publicly available on an appropriate website a report, and provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing, on the implementation of the amendments under this section. Such report and briefing shall include—

(1)

a description of each grant awarded under subsection (b) of section 51706 of title 46, United States Code, as amended by subsection (a), during the fiscal year preceding the fiscal year during which the report is submitted; and

(2)

an assessment of the effects of each such grant under this subsection on workers who received training provided pursuant to the grant during the fiscal year preceding the fiscal year during which the report was submitted.

(c)

Guidelines.— Not later than one year after the date of enactment of this Act, the Secretary of Transportation shall—

(1)

prescribe guidelines for the submission of grant proposals under section 51706(b) of title 46, United States Code, as amended by subsection (a); and

(2)

publish and maintain such guidelines on the website of the Department of Transportation.

(d)

Assistance for Small Shipyards.— Section 54101(e) of title 46, United States Code, is amended by striking paragraph (2) and inserting the following:

“(2) Allocation of funds.—

“(A) In general.—The Administrator may not award more than 25 percent of the funds made available to carry out this section for any fiscal year to any small shipyard in one geographic location that has more than 600 employees.

“(B) Ineligibility.—A maritime training center that has received funds awarded under section 51706 of title 46, United States Code, shall not be eligible for grants under this subsection for training purposes in the same fiscal year.”

SEC. 3533. Ensuring Diverse Mariner Recruitment.

Not later than six months after the date of the enactment of this Act, the Secretary of Transportation shall develop and deliver to Congress a strategy to assist State maritime academies and the United States Merchant Marine Academy in improving the representation in the next generation of the mariner workforce of women and underrepresented communities, including each of the following:

(1)

Black and African American.

(2)

Hispanic and Latino.

(3)

Asian.

(4)

American Indian, Alaska Native, and Native Hawaiian.

(5)

Pacific Islander.

SEC. 3534. Low Emissions Vessels Training.

(a)

Development of Strategy.— The Secretary of Transportation, in consultation with the United States Merchant Marine Academy, State maritime academies, civilian nautical schools, and the Secretary of the department in which Coast Guard is operating, shall develop a strategy to ensure there is an adequate supply of trained United States citizen mariners sufficient to meet the operational requirements of low and zero emission vessels. Implementation of the strategy shall aim to increase the supply of trained United States citizen mariners sufficient to meet the needs of the maritime industry and ensure continued investment in training for mariners serving on conventional fuel vessels.

(b)

Report.— Not later than six months after the date the Secretary of Transportation determines that there is commercially viable technology for low and zero emission vessels, the Secretary of Transportation shall—

(1)

submit 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 on the strategy developed under subsection (a) and plans for its implementation; and

(2)

make such report publicly available.

Subtitle E Other Matters

SEC. 3541. Waiver of Navigation and Vessel Inspection Laws.

Section 501 of title 46, United States Code, is amended—

(1)

in subsection (b)—

(A)

by striking paragraph (1) and inserting the following:

“(1) In general.—Upon a determination by the President that a waiver of the navigation or vessel-inspection laws is necessary in the interest of national defense, the head of an agency responsible for the administration of such laws, may waive compliance with such laws—

“(A) following a determination in accordance with the requirements of paragraph (3) by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity to meet national defense requirements;

“(B) not earlier than 48 hours after a waiver request is published under paragraph (6)(A); and

“(C) on a vessel specific basis to the extent, in the manner, and on the terms the head of such agency, in consultation with the Administrator, acting in such capacity, prescribes.”

(B)

in paragraph (2)(B) by striking “ determinations referred to in paragraph (1)” and inserting “ determination referred to in paragraph (1)(A)”;

(C)

in paragraph (3) by striking subparagraph (A) and inserting the following:

“(A) for each determination referred to in paragraph (1)(A)—

“(i) identify any actions that could be taken to enable qualified United States flag capacity to meet national defense requirements prior to the issuance of a waiver; and

“(ii) not assess the non-availability of qualified United States flag capacity to meet national defense requirements retrospectively after the date on which a waiver is requested;”

; and

(D)

by adding at the end the following:

“(5) Prospective application.—No waiver shall be issued for a vessel if, at the time of the waiver request under this section, such vessel is laden with merchandise that, pursuant to the requested waiver, could be unladen at points or places to which the coastwise laws apply.

“(6) Publication requirements.—

“(A) Publication of waiver requests.—Upon receiving a request for a waiver under this subsection, the head of an agency referred to in paragraph (1) shall publish such request on the website of such agency.

“(B) Publication of waiver denial.—Not later than 48 hours after denying a waiver requested under this subsection, the head of an agency referred to in paragraph (1) shall publish on the website of such agency an explanation for denying such waiver, including applicable findings to support the denial.”

; and

(2)

in subsection (c)(1)—

(A)

in the matter preceding subparagraph (A) by inserting “ and the individual requesting such waiver (if not the owner or operator of the vessel)” before “ shall submit”;

(B)

in subparagraph (C) by striking “ and” at the end;

(C)

by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (G), respectively;

(D)

by inserting after subparagraph (A) the following:

“(B) the name of the owner and operator of the vessel;”

; and

(E)

by inserting after subparagraph (D), as so redesignated, the following:

“(E) a description of the cargo carried;

“(F) an explanation as to why the waiver was in the interest of national defense; and”

SEC. 3542. National Maritime Strategy.

(a)

Study to Inform a National Maritime Strategy.—

(1)

In general.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation and the Secretary of the department in which the Coast Guard is operating shall seek to enter into an agreement with a studies and analysis federally funded research and development center under which such center shall conduct a study to identify the key elements needed for a national maritime strategy that is designed to—

(A)

achieve the objectives described in section 50101 of title 46, United States Code; and

(B)

ensure—

(i)

a capable, commercially viable, militarily useful fleet of a sufficient number of merchant vessels documented under chapter 121 of title 46, United States Code;

(ii)

a robust United States mariner workforce, as described in section 50101 of title 46, United States Code;

(iii)

strong United States domestic shipbuilding infrastructure, and related shipbuilding trades amongst skilled workers in the United States; and

(iv)

that the Navy Fleet Auxiliary Force, the National Defense Reserve Fleet, the Military Sealift Command, the Maritime Security Program under chapter 531 of title 46, United States Code, the Cable Security Program under chapter 532 of title 46, United States Code, and the Tanker Security Program under chapter 534 of title 46, United States Code currently meet the economic and national security needs of the United States and would reliably continue to meet those needs under future economic or national security emergencies.

(2)

Deadline for completion.— An agreement entered into pursuant to paragraph (1) shall specify that the federally funded research and development center shall complete the study by not later than one year after the date of the enactment of this Act.

(3)

Input.— An agreement entered into pursuant to paragraph (1) shall specify that, in carrying out the study, the federally funded research and development center shall solicit input from—

(A)

relevant Federal departments and agencies;

(B)

nongovernmental organizations;

(C)

United States companies;

(D)

maritime labor organizations;

(E)

commercial industries that depend on United States mariners;

(F)

domestic shipyards regarding shipbuilding and repair capacity, and the associated skilled workforce, such as the workforce required for transportation, offshore wind, fishing, and aquaculture;

(G)

providers of maritime workforce training; and

(H)

any other relevant organizations.

(4)

Requirements of agreement.— An agreement entered into pursuant to paragraph (1) shall specify that, in carrying out the study, the federally funded research and development center shall consult with the Secretary of Transportation, the Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating, the Adminstrator of the National Oceanic and Atmospheric Administration, and the heads of other relevant Federal agencies, in the identification and evaluation of—

(A)

incentives, including regulatory changes, needed to continue to meet the shipbuilding and ship maintenance needs of the United States for commercial and national security purposes, including through a review of—

(i)

the loans and guarantees program carried out under chapter 537 of title 46, United States Code, and how the development of new offshore commercial industries, such as wind energy, could be supported through modification of such program or other Federal programs, and thus also support the United States sealift in the future;

(ii)

the barriers to participation in the loans and guarantees program carried out under chapter 537 of title 46, United States Code, and how the program may be improved to facilitate additional shipbuilding activities in the United States;

(iii)

the needed resources, human and financial, for such incentives; and

(iv)

the current and anticipated number of shipbuilding and ship maintenance contracts at United States shipyards through 2032, to the extent practicable;

(B)

incentives, including regulatory changes, needed to maintain a commercially viable United States-documented fleet, including—

(i)

an examination of how the preferences under section 2631 of title 10, United States Code, and chapters 531, 532, 534, and 553 of title 46, United States Code, should be used to further maintain and grow a United States-documented fleet;

(ii)

an identification of other incentives that could be used that may not be authorized at the time of the study;

(iii)

an estimate of the number and type of commercial ships needed over the next 30 years; and

(iv)

estimates of the needed human and financial resources for such incentives;

(C)

the availability of United States mariners, and future needs, including—

(i)

the number of mariners needed for the United States commercial and national security needs over the next 30 years;

(ii)

the policies and programs (at the time of the study) to recruit, train, and retain United States mariners to support the United States maritime workforce needs during peace time and at war;

(iii)

how those programs could be improved to grow the number of maritime workers trained each year, including how potential collaboration between the uniformed services, the United States Merchant Marine Academy, State maritime academies, maritime labor training centers, and the Centers of Excellence for Domestic Maritime Workforce Training under section 51706 of title 46, United States Code, could be used most effectively; and

(iv)

estimates of the necessary resources, human and financial, to implement such programs in each relevant Federal agency over the next 30 years; and

(D)

the interaction among the elements described under subparagraphs (A) through (C).

(5)

Public availability.— The Secretary of Transportation shall make publicly available on a website of the Department of Transportation a study completed pursuant to paragraph (1).

(b)

National Maritime Strategy.—

(1)

In general.— Chapter 501 of title 46, United States Code, is amended by inserting after section 50113 the following new section:

“§ 50114. National maritime strategy

“(a) In General.—The Secretary of Transportation, in consultation with the Secretary of the department in which the Coast Guard is operating and the Commander of United States Transportation Command, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—

“(1) a national maritime strategy; and

“(2) not less often than once every five years after the submission of such strategy, an update to the strategy.

“(b) Contents.—The strategy required under subsection (a) shall include each of the following:

“(1) An identification of—

“(A) international policies and Federal regulations and policies that reduce the competitiveness of United States-documented vessels with foreign vessels in domestic and international transportation markets; and

“(B) the impact of reduced cargo flow due to reductions in the number of members of the United States Armed Forces stationed or deployed outside of the United States.

“(2) Recommendations to—

“(A) make United States-documented vessels more competitive in shipping routes between United States and foreign ports;

“(B) increase the use of United States-documented vessels to carry cargo imported to and exported from the United States;

“(C) ensure compliance by Federal agencies with chapter 553;

“(D) increase the use of short sea transportation routes, including routes designated under section 55601(b), to enhance intermodal freight movements;

“(E) enhance United States shipbuilding capability;

“(F) invest in, and identify gaps in, infrastructure needed to facilitate the movement of goods at ports and throughout the transportation system, including innovative physical and information technologies;

“(G) enhance workforce training and recruitment for the maritime workforce, including training on innovative physical and information technologies;

“(H) increase the resilience of ports and the marine transportation system;

“(I) increase the carriage of government-impelled cargo on United States-documented vessels pursuant to chapter 553 of title 46, section 2631 of title 10, or otherwise; and

“(J) maximize the cost effectiveness of Federal funding for carriage of non-defense government impelled cargo for the purposes of maintaining a United States flag fleet for national and economic security.

“(c) Update.—Upon the release of a strategy or update under subsection (a), the Secretary of Transportation shall make such strategy or update publicly available on the website of the Department of Transportation.

“(d) Implementation Plan.—Not later than six months after the submission of a strategy or update under subsection (a), the Secretary of Transportation, in consultation with the Secretary of the department in which the Coast Guard is operating and the Secretary of Defense, shall make publicly available on an appropriate website an implementation plan for such strategy or update.”

(2)

Conforming repeals; deadline.—

(A)

Rescission of superceded strategy.— Effective on the date on which the Secretary of Transportation submits the national maritime strategy under section 50114(a)(1) of title 46, United States Code, as added by paragraph (1)—

(i)

the national maritime strategy prepared pursuant to section 603 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281) is rescinded; and

(ii)

section 603 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281) is repealed.

(B)

Deadline for submission of strategy.— The Secretary shall submit the national maritime strategy required under section 50114(a)(1) of title 46, United States Code, as added by paragraph (1), not later than six months after the date on which the Secretary receives the study under subsection (a).

(3)

Clerical amendment.— The analysis for chapter 501 of title 46, United States Code, is amended by inserting after the item relating to section 50113 the following new item:

“50114. National maritime strategy.”.

SEC. 3543. Maritime Environmental and Technical Assistance Program.

(a)

In General.— Section 50307 of title 46, United States Code, is amended—

(1)

by striking the subsection (a) enumerator and all that follows through “ Transportation” and inserting the following:

“(a) Emerging Marine Technologies and Practices.—

“(1) In general.—The Secretary of Transportation”

(2)

in subsection (b)—

(A)

in paragraph (1)—

(i)

by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively and adjusting the margins accordingly; and

(ii)

in clause (iv), as redesignated by clause (i), by striking “ propeller cavitation” and inserting “ incidental vessel-generated underwater noise, such as noise from propeller cavitation or hydrodynamic flow”;

(B)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and adjusting the margins accordingly;

(3)

in subsection (c), by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and adjusting the margins accordingly;

(4)

by redesignating subsections (b) through (d) as paragraphs (2) through (4), respectively and adjusting the margins accordingly;

(5)

by redesignating subsection (e) as subsection (b);

(6)

by striking subsection (f);

(7)

in subsection (a)—

(A)

in paragraph (1), as designated under paragraph (1) of this section—

(i)

by inserting “ or support” after “ engage in”;

(ii)

by striking “ the use of public” and all that follows through the end of the sentence and inserting “ eligible entities.”;

(B)

in paragraph (2), as redesignated under paragraph (4) of this section—

(i)

by striking “ this section” and inserting “ this subsection”;

(ii)

by striking “ or improve” and inserting “ improve, or support efforts related to,”;

(C)

in paragraph (3), as redesignated by paragraph (4) of this section, by striking “ under subsection (b)(2) may include” and inserting “ with other Federal agencies or with State, local, or Tribal governments, as appropriate, under paragraph (2)(B) may include”;

(D)

in paragraph (4), as redesignated by paragraph (4) of this section—

(i)

by striking “ academic, public, private, and nongovernmental entities and facilities” and inserting “ eligible entities”; and

(ii)

by striking “ subsection (a)” and inserting “ this subsection”; and

(E)

by adding at the end the following:

“(5) Grants.—Subject to the availability of appropriations, the Maritime Administrator, may establish and carry out a competitive grant program to award grants to eligible entities for projects in the United States consistent with the goals of this subsection to study, evaluate, test, demonstrate, or apply technologies and practices to improve environmental performance.”

(8)

in subsection (b), as redesignated by paragraph (5) of this section, by striking “ subsection (b)(1)” and inserting “ this section”; and

(9)

by adding at the end the following:

“(c) Vessels.—Activities carried out under a grant or cooperative agreement made under this section may be conducted on public vessels under the control of the Maritime Administration, upon approval of the Maritime Administrator.

“(d) Eligible Entity Defined.—In this section, the term ‘eligible entity’ means—

“(1) a private entity, including a nonprofit organization;

“(2) a State, regional, or local government or entity, including special districts;

“(3) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) or a consortium of Indian Tribes;

“(4) an institution of higher education as defined under section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); or

“(5) a partnership or collaboration of entities described in paragraphs (1) through (4).

“(e) Center for Maritime Innovation.—

“(1) In general.—The Secretary of Transportation shall, through a cooperative agreement, establish a United States Center for Maritime Innovation (referred to in this subsection as the ‘Center’) to support the study, research, development, assessment, and deployment of emerging marine technologies and practices related to the maritime transportation system.

“(2) Selection.—The Center shall be—

“(A) selected through a competitive process of eligible entities, and if a private entity, a domestic entity;

“(B) based in the United States with technical expertise in emerging marine technologies and practices related to the maritime transportation system; and

“(C) located in close proximity to eligible entities with expertise in United States emerging marine technologies and practices, including the use of alternative fuels and the development of both vessel and shoreside infrastructure.

“(3) Coordination.—The Secretary of Transportation shall coordinate with other agencies critical for science, research, and regulation of emerging marine technologies for the maritime sector, including the Department of Energy, the Environmental Protection Agency, the National Science Foundation, and the Coast Guard, when establishing the Center.

“(4) Functions.—The Center shall—

“(A) support eligible entities regarding the development and use of clean energy and necessary infrastructure to support the deployment of clean energy on vessels of the United States;

“(B) monitor and assess, on an ongoing basis, the current state of knowledge regarding emerging marine technologies in the United States;

“(C) identify any significant gaps in emerging marine technologies research specific to the United States maritime industry, and seek to fill those gaps;

“(D) conduct research, development, testing, and evaluation for equipment, technologies, and techniques to address the components under subsection (a)(2);

“(E) provide—

“(i) guidance on best available technologies;

“(ii) technical analysis;

“(iii) assistance with understanding complex regulatory requirements; and

“(iv) documentation of best practices in the maritime industry, including training and informational webinars on solutions for the maritime industry; and

“(F) work with academic and private sector response training centers and Domestic Maritime Workforce Training and Education Centers of Excellence to develop maritime strategies applicable to various segments of the United States maritime industry, including the inland, deep water, and coastal fleets.”

(b)

Deadline for Implementation.— The Secretary of Transportation shall establish the United States Center for Maritime Innovation under subsection (e) of section 50307 of title 46, United States Code, as added by subsection (a), by not later than one year after the date of the enactment of this Act.

SEC. 3544. Definition of Qualified Vessel.

Section 53501(5)(A)(iii) of title 46, United States Code, is amended by striking “ United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade” and inserting “ foreign or domestic trade of the United States”.

SEC. 3545. Establishing a Capital Construction Fund.

Section 53503(b) of title 46, United States Code, is amended by striking “ United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade” and inserting “ foreign or domestic trade of the United States”.

SEC. 3546. Recapitalization of National Defense Reserve Fleet.

(a)

In General.— Subject to the availability of appropriations, the Secretary of Transportation, in consultation with the Chief of Naval Operations and the Commandant of the Coast Guard, shall—

(1)

complete the design of a roll-on, roll-off cargo vessel for the National Defense Reserve Fleet to allow for the construction of such vessel to begin in fiscal year 2024; and

(2)

seek to enter into an agreement with an appropriate vessel construction manager under which the vessel construction manager shall enter into a contract for the construction of not more than ten such vessels in accordance with this section.

(b)

Construction and Documentation Requirements.— A vessel constructed pursuant to this section shall meet the requirements for, and be issued a certificate of, documentation and a coastwise endorsement under chapter 121 of title 46, United States Code.

(c)

Design Standards and Construction Practices.— Subject to subsection (b), a vessel constructed pursuant to this section shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.

(d)

Consultation With Other Federal Entities.— The Secretary of Transportation shall consult and coordinate with the Secretary of the Navy and may consult with the heads of other appropriate Federal agencies regarding the vessel described in subsection (a) and activities associated with such vessel.

(e)

Limitation on Use of Funds for Used Vessels.— None of the funds authorized to be appropriated by this Act or otherwise made available to carry out this section may be used for the procurement of any used vessel.

SEC. 3547. Sense of Congress on Merchant Marine.

It is the sense of Congress that the United States Merchant Marine is a critical part of the national infrastructure of the United States, and the men and women of the United States Merchant Marine are essential workers.

SEC. 3548. Analysis of Effects of Chemicals in Stormwater Runoff on Pacific Salmon and Steelhead.

(a)

In General.— Not later than 90 days after the date of enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere, in coordination with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, and in consultation with the Director of the United States Fish and Wildlife Service, shall commence an analysis of—

(1)

the science relating to tire-related chemicals in stormwater runoff at ports and the effects of such chemicals on Pacific salmon and steelhead; and

(2)

the challenges of studying tire-related chemicals in stormwater runoff at ports and the effects of such chemicals on Pacific salmon and steelhead.

(b)

Report.— Not later than 18 months after commencing the analysis required under subsection (a), the Under Secretary of Commerce for Oceans and Atmosphere, in coordination with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall submit to the appropriate congressional committees, and make publicly available, a report that includes—

(1)

the findings of the analysis; and

(2)

recommendations—

(A)

to improve the monitoring of stormwater and research related to run-off for tire-related chemicals and the effects of such chemicals on Pacific salmon and steelhead at ports; and

(B)

based on the best available science on relevant management approaches at ports under their respective jurisdictions.

(c)

Appropriate Congressional Committees.— In this section, the term “appropriate congressional committees” means—

(1)

the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate; and

(2)

the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives.

SEC. 3549. Report on Effective Vessel Quieting Measures.

(a)

In General.— Not later than one year after the date of the enactment of this Act, the Administrator of the Maritime Administration, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere and the Secretary of the Department in which the Coast Guard is operating, shall submit to the appropriate congressional committees, and make publicly available on an appropriate website of the Department of Transportation, a report that includes each of the following:

(1)

An identification of technology-based controls and best management practices for reducing vessel-generated underwater noise.

(2)

For each technology-based control or best management practice identified under paragraph (1), an evaluation of—

(A)

the applicability of each control and practice to various vessel types;

(B)

the technical feasibility and economic achievability of each control or practice; and

(C)

the co-benefits and trade-offs of each control or practice.

(3)

Such other matters as the Administrator determines appropriate.

(b)

Committees.— In this section, the term “appropriate congressional committees” means—

(1)

the Committee on Commerce, Science, and Transportation of the Senate; and

(2)

the Committee on Natural Resources and the Committee on Transportation and Infrastructure of the House of Representatives.