S.Amdt. 410

SA 410. Mr. BOOKER (for himself, Mrs. Fischer, and Mrs. Gillibrand)
submitted an amendment intended to be proposed by him to the bill H.R.
2810, to authorize appropriations for fiscal year 2018 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy,

[[Page S4445]]

to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

Strike title XXXV and insert the following:
TITLE XXXV--MARITIME ADMINISTRATION

SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

(a) In General.--There are authorized to be appropriated to
the Department of Transportation for fiscal year 2018, to be
available without fiscal year limitation if so provided in
appropriations Acts, for programs associated with maintaining
the United States merchant marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $100,802,000, of which--
(A) $75,751,000 shall be for Academy operations,
including--
(i) the implementation of section 3514(b) of the National
Defense Authorization Act for Fiscal Year 2017, as added by
section 3508; and
(ii) staffing, training, and other actions necessary to
prevent and respond to sexual harassment and sexual assault;
and
(B) $25,051,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $29,550,000, of which--
(A) $2,400,000 shall remain available until September 30,
2018, for the Student Incentive Program;
(B) $3,000,000 shall remain available until expended for
direct payments to such academies;
(C) $22,000,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels;
(D) $1,800,000 shall remain available until expended for
training ship fuel assistance; and
(E) $350,000 shall remain available until expended for
expenses to improve the monitoring of the service obligations
of graduates.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $36,000,000, which shall remain
available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $58,694,000.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $20,000,000, which shall
remain available until expended.
(6) 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 used 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.
(b) Assistance for Small Shipyards and Maritime
Communities.--Section 54101(i) of title 46, United States
Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``2015 through 2017'' and inserting ``2018 through 2020'';
(2) in paragraph (1), by striking ``$5,000,000'' and
inserting ``$7,500,000''; and
(3) in paragraph (2), by striking ``$25,000,000'' and
inserting ``$27,500,000''.

SEC. 3502. REMOVAL ADJUNCT PROFESSOR LIMIT AT UNITED STATES
MERCHANT MARINE ACADEMY.

Section 51317 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and'' at the end; and
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(2) by striking subsections (c) and (d).

SEC. 3503. ACCEPTANCE OF GUARANTEES IN CONJUNCTION WITH
PARTIAL DONATIONS FOR MAJOR PROJECTS OF THE
UNITED STATES MERCHANT MARINE ACADEMY.

(a) Guarantees.--Chapter 513 of title 46, United States
Code, is amended by adding at the end the following:

``Sec. 51320. Acceptance of guarantees with gifts for major
projects

``(a) Definitions.--In this section:
``(1) Major project.--The term `major project' means a
project estimated to cost at least $1,000,000 for--
``(A) the purchase or other procurement of real or personal
property; or
``(B) the construction, renovation, or repair of real or
personal property.
``(2) Major united states commercial bank.--The term `major
United States commercial bank' means a commercial bank that--
``(A) is an insured bank (as defined in section 3(h) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(h)));
``(B) is headquartered in the United States; and
``(C) has total net assets of an amount considered by the
Maritime Administrator to qualify the bank as a major bank.
``(3) Major united states investment management firm.--The
term `major United States investment management firm' means--
``(A) any broker or dealer (as such terms are defined in
section 3 of the Securities Exchange Act of 1934 (15 U.S.C.
78c));
``(B) any investment adviser or provider of investment
supervisory services (as such terms are defined in section
202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
2)); or
``(C) a major United States commercial bank that--
``(i) is headquartered in the United States; and
``(ii) holds for the account of others investment assets in
a total amount considered by the Maritime Administrator to
qualify the bank as a major investment management firm.
``(4) Qualified guarantee.--The term `qualified guarantee',
with respect to a major project, means a guarantee that--
``(A) is made by 1 or more persons in connection with a
donation for the project of a total amount in cash or
securities that the Maritime Administrator determines is
sufficient to defray a substantial portion of the total cost
of the project;
``(B) is made to facilitate or expedite the completion of
the project in reasonable anticipation that other donors will
contribute sufficient funds or other resources in amounts
sufficient to pay for completion of the project;
``(C) is set forth as a written agreement providing that
the donor will furnish in cash or securities, in addition to
the donor's other gift or gifts for the project, any
additional amount that may become necessary for paying the
cost of completing the project by reason of a failure to
obtain from other donors or sources funds or other resources
in amounts sufficient to pay the cost of completing the
project; and
``(D) is accompanied by--
``(i) an irrevocable and unconditional standby letter of
credit for the benefit of the United States Merchant Marine
Academy that is in the amount of the guarantee and is issued
by a major United States commercial bank; or
``(ii) a qualified account control agreement.
``(5) Qualified account control agreement.--The term
`qualified account control agreement', with respect to a
guarantee of a donor, means an agreement among the donor, the
Maritime Administrator, and a major United States investment
management firm that--
``(A) ensures the availability of sufficient funds or other
financial resources to pay the amount guaranteed during the
period of the guarantee;
``(B) provides for the perfection of a security interest in
the assets of the account for the United States for the
benefit of the United States Merchant Marine Academy with the
highest priority available for liens and security interests
under applicable law;
``(C) requires the donor to maintain in an account with the
investment management firm assets having a total value that
is not less than 130 percent of the amount guaranteed; and
``(D) requires the investment management firm, whenever the
value of the account is less than the value required to be
maintained under subparagraph (C), to liquidate any noncash
assets in the account and reinvest the proceeds in Treasury
bills issued under section 3104 of title 31.
``(b) Acceptance Authority.--Subject to subsection (d), the
Maritime Administrator may accept a qualified guarantee from
a donor or donors for the completion of a major project for
the benefit of the United States Merchant Marine Academy.
``(c) Obligation Authority.--The amount of a qualified
guarantee accepted under this section shall be considered as
contract authority to provide obligation authority for
purposes of Federal fiscal and contractual requirements.
Funds available for a project for which such a guarantee has
been accepted may be obligated and expended for the project
without regard to whether the total amount of funds and other
resources available for the project (not taking into account
the amount of the guarantee) is sufficient to pay for
completion of the project.
``(d) Notice.--The Maritime Administrator may not accept a
qualified guarantee under this section for the completion of
a major project until 30 days after the date on which a
report of the facts concerning the proposed guarantee is
submitted to Congress.
``(e) Prohibition on Commingling Funds.--The Maritime
Administrator may not enter into any contract or other
transaction involving the use of a qualified guarantee and
appropriated funds in the same contract or transaction.''.
(b) Clerical Amendment.--The table of sections for chapter
513 of title 46, United States Code, is amended by adding at
the end the following:

``51320. Acceptance of guarantees with gifts for major projects.''.

SEC. 3504. AUTHORITY TO PAY CONVEYANCE OR TRANSFER EXPENSES
IN CONNECTION WITH ACCEPTANCE OF A GIFT TO THE
UNITED STATES MERCHANT MARINE ACADEMY.

Section 51315 of title 46, United States Code, is amended
by inserting at the end the following:
``(f) Payment of Expenses.--The Maritime Administrator may
pay all necessary expenses in connection with the conveyance
or transfer of a gift, devise, or bequest accepted under this
section.''.

[[Page S4446]]

SEC. 3505. AUTHORITY TO PARTICIPATE IN FEDERAL, STATE OR
OTHER RESEARCH GRANTS.

(a) Research Grants.--Chapter 513 of title 46, United
States Code, as amended by sections 3503 through 3505, is
further amended by adding at the end the following:

``Sec. 51321. Grants for scientific and educational research

``(a) Defined Term.--In this section, the term `qualifying
research grant' is a grant that--
``(1) is awarded on a competitive basis by the Federal
Government (except for the Department of Transportation), a
State, a corporation, a fund, a foundation, an educational
institution, or a similar entity that is organized and
operated primarily for scientific or educational purposes;
and
``(2) is to be used to carry out a research project with a
scientific or educational purpose.
``(b) Acceptance of Qualifying Research Grants.--
Notwithstanding any other provision of law, the United States
Merchant Marine Academy may compete for and accept qualifying
research grants if the work under the grant is to be carried
out by a professor or instructor of the United States
Merchant Marine Academy.
``(c) Administration of Grant Funds.--
``(1) Establishment of account.--The Maritime Administrator
shall establish a separate account for administering funds
received from research grants under this section.
``(2) Use of grant funds.--The Superintendent shall use
grant funds deposited into the account established pursuant
to paragraph (1) in accordance with applicable regulations
and the terms and conditions of the respective grants.
``(d) Related Expenses.--Subject to such limitations as may
be provided in appropriations Acts, appropriations available
for the United States Merchant Marine Academy may be used to
pay expenses incurred by the Academy in applying for, and
otherwise pursuing, a qualifying research grant.''.
(b) Clerical Amendment.--The table of sections for chapter
513 of title 46, United States Code, as amended by section
3504(b), is further amended by adding at the end the
following:

``51321. Grants for scientific and educational research.''.

SEC. 3506. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME
COMMUNITIES.

Section 54101 of title 46, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Awards.--
``(1) In general.--In providing assistance under the
program, the Administrator shall take into account--
``(A) the economic circumstances and conditions of maritime
communities;
``(B) projects that would be effective in fostering
efficiency, competitive operations, and quality ship
construction, repair, and reconfiguration; and
``(C) projects that would be effective in fostering
employee skills and enhancing productivity.
``(2) Timing of award.--
``(A) In general.--Except as provided in subparagraph (B),
the Administrator shall award grants under this section not
later than 120 days after the date of the enactment of the
appropriations Act for the fiscal year concerned.
``(B) Reallocation of unused funds.--If a grant is awarded
under this section and, for any reason, the grant funds, or
any portion thereof, are not used by the grantee--
``(i) such funds shall remain available until expended; and
``(ii) the Administrator may use such unused funds to
award, in any fiscal year, another grant under this section
to an applicant who submitted an application under the
initial or any subsequent notice of availability of funds.'';
and
(2) in subsection (c), by adding at the end the following:
``(3) Buy america.--
``(A) In general.--Notwithstanding any other provision of
law, the Secretary of Transportation shall not obligate any
funds authorized to be appropriated to carry out this chapter
unless the steel, iron, and manufactured products used in
such project are produced in the United States.
``(B) Exceptions.--The provisions of subparagraph (A) shall
not apply if the Secretary finds that--
``(i) their application would be inconsistent with the
public interest;
``(ii) such materials and products are not produced in the
United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
``(iii) inclusion of domestic material will increase the
cost of the overall project by more than 25 percent.''.

SEC. 3507. DOMESTIC MARITIME CENTERS OF EXCELLENCE.

(a) Designation Authority.--The Secretary of Transportation
is authorized to designate community and technical colleges
with a maritime training program and maritime training
centers operated by or under the supervision of a State, if
located in the United States along the Gulf of Mexico,
Atlantic Ocean, Pacific Ocean, Arctic Ocean, Bering Sea, Gulf
of Alaska, or Great Lakes, as centers of excellence for
domestic maritime workforce training and education.
(b) Assistance.--
(1) Types.--The Secretary may provide to an entity
designated as a center of excellence under subsection (a)--
(A) technical assistance; and
(B) surplus Federal equipment and assets.
(2) Technical assistance.--The Secretary may provide
technical assistance under paragraph (1) to assist an entity
designated as a center of excellence under subsection (a) to
expand the capacity of the entity to train the domestic
maritime workforce of the United States, including by--
(A) admitting additional students;
(B) recruiting and training faculty;
(C) expanding facilities;
(D) creating new maritime career pathways; and
(E) awarding students credit for prior experience,
including military service.

SEC. 3508. ACCESS TO SATELLITE COMMUNICATION DEVICES DURING
SEA YEAR PROGRAM.

Section 3514 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(a) Vessel Operator Requirements.--Not later than''; and
(2) by adding at the end the following:
``(b) Satellite Phone Access.--The Maritime Administrator
shall ensure that each student participating in the Sea Year
program is provided or has access to a functional satellite
communication device. A student may not be denied from using
such device whenever the student determines that such use is
necessary to prevent or report sexual harassment or
assault.''.

SEC. 3509. ACTIONS TO ADDRESS SEXUAL HARASSMENT, DATING
VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT,
AND STALKING AT THE UNITED STATES MERCHANT
MARINE ACADEMY.

(a) Required Policy.--Subsection (a) of section 51318 of
title 46, United States Code, as added by section 3510 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2782), is amended--
(1) in paragraph (1), by striking ``harassment and sexual
assault'' and inserting ``harassment, dating violence,
domestic violence, sexual assault, and stalking'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``harassment and sexual assault'' and inserting ``harassment,
dating violence, domestic violence, sexual assault, and
stalking'';
(B) in subparagraph (A), by inserting ``domestic violence,
dating violence, stalking,'' after ``acquaintance rape,'';
(C) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking
``harassment or sexual assault,'' and inserting ``harassment,
dating violence, domestic violence, sexual assault, or
stalking,'';
(ii) in clause (i), by striking ``harassment or sexual
assault'' and inserting ``harassment, dating violence,
domestic violence, sexual assault, or stalking''; and
(iii) in clause (iii), by striking ``criminal sexual
assault'' and inserting ``a criminal sexual offense'';
(D) in subparagraph (D), by striking ``harassment or sexual
assault'' and inserting ``harassment, dating violence,
domestic violence, sexual assault, or stalking'';
(E) in subparagraph (E)--
(i) in clause (i), by striking ``harassment or sexual
assault'' and inserting ``harassment, dating violence,
domestic violence, sexual assault, or stalking'';
(ii) in clause (ii), by striking ``sexual assault'' and
inserting ``sexual harassment, dating violence, domestic
violence, sexual assault, or stalking''; and
(iii) in clause (iii), by striking ``harassment and sexual
assault'' and inserting ``harassment, dating violence,
domestic violence, sexual assault, or stalking''; and
(F) in subparagraph (F), by striking ``harassment or sexual
assault'' and inserting ``harassment, dating violence,
domestic violence, sexual assault, or stalking'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
``(3) Minimum training requirements for certain individuals
regarding sexual harassment, dating violence, domestic
violence, sexual assault, and stalking.--
``(A) Requirement.--The Maritime Administrator shall direct
the Superintendent of the United States Merchant Marine
Academy to develop a mandatory training program at the United
States Merchant Marine Academy for each individual who is
involved in implementing the Academy's student disciplinary
grievance procedures, including each individual who is
responsible for--
``(i) resolving complaints of reported sexual harassment,
dating violence, domestic violence, sexual assault, and
stalking;
``(ii) resolving complaints of reported violations of the
sexual misconduct policy of the Academy; or
``(iii) conducting an interview with a victim of sexual
harassment, dating violence, domestic violence, sexual
assault, or stalking.
``(B) Consultation.--The Superintendent shall develop the
training program described in subparagraph (A) in
consultation with national, State, or local sexual assault,
dating violence, domestic violence, or stalking victim
advocacy, victim services, or prevention organizations.
``(C) Elements.--The training required by subparagraph (A)
shall include the following:

[[Page S4447]]

``(i) Information on working with and interviewing persons
subjected to sexual harassment, dating violence, domestic
violence, sexual assault, or stalking.
``(ii) Information on particular types of conduct that
would constitute sexual harassment, dating violence, domestic
violence, sexual assault, or stalking, regardless of gender,
including same-sex sexual harassment, dating violence,
domestic violence, sexual assault, or stalking.
``(iii) Information on consent and the effect that drugs or
alcohol may have on an individual's ability to consent.
``(iv) Information on the effects of trauma, including the
neurobiology of trauma.
``(v) Training regarding the use of trauma-informed
interview techniques, which means asking questions of an
individual who has been a victim of sexual harassment, dating
violence, domestic violence, sexual assault, or stalking in a
manner that is focused on the experience of the victim, does
not judge or blame the victim, and is informed by evidence-
based research on the neurobiology of trauma.
``(vi) Training on cultural awareness regarding how dating
violence, domestic violence, sexual assault, or stalking may
impact midshipmen differently depending on their cultural
background.
``(vii) Information on sexual assault dynamics, sexual
assault perpetrator behavior, and barriers to reporting.
``(D) Implementation.--
``(i) Development and approval schedule.--The training
program required by subparagraph (A) shall be developed not
later than 90 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2018.
``(ii) Completion of training.--Each individual who is
required to complete the training described in subparagraph
(A) shall complete such training not later than--

``(I) 270 days after enactment of the National Defense
Authorization Act for Fiscal Year 2018; or
``(II) 180 days after starting a position with
responsibilities that include the activities described clause
(i), (ii), or (iii) of subparagraph (A).''; and

(5) by inserting after paragraph (5), as so redesignated,
the following:
``(6) Consistency with the higher education act of 1965.--
The Secretary shall ensure that the policy developed under
this subsection meets the requirements set out in paragraph
(8) of section 485(f) of the Higher Education Act of 1965 (20
U.S.C. 1092(f)(8)).''.
(b) Minimum Procedures for Handling Reports of Sexual
Harassment, Dating Violence, Domestic Violence, Sexual
Assault, or Stalking.--Subsection (b) of section 51318 of
title 46, United States Code, as added by section 3510 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2782), is amended to read as
follows:
``(b) Development Program.--
``(1) In general.--The Maritime Administrator shall ensure
that the development program of the Academy includes a
section that--
``(A) describes the relationship between honor, respect,
and character development and the prevention of sexual
harassment, dating violence, domestic violence, sexual
assault, and stalking at the Academy;
``(B) includes a brief history of the problem of sexual
harassment, dating violence, domestic violence, sexual
assault, and stalking in the merchant marine, in the Armed
Forces, and at the Academy; and
``(C) includes information relating to reporting sexual
harassment, dating violence, domestic violence, sexual
assault, and stalking, victims' rights, and dismissal for
offenders.
``(2) Minimum requirements to combat retaliation.--
``(A) Requirement for plan.--Not later than 90 days after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2018, the Maritime
Administrator shall direct the Superintendent of the United
States Merchant Marine Academy to implement and maintain a
plan to combat retaliation against midshipmen at the United
States Merchant Marine Academy who report sexual harassment,
dating violence, domestic violence, sexual assault, or
stalking.
``(B) Violation of code of conduct.--The Superintendent
shall consider an act of retaliation against a midshipman at
the Academy who reports sexual harassment, dating violence,
domestic violence, sexual assault, or stalking as a Class I
violation of the Academy's Midshipman Regulations or
equivalent code of conduct.
``(C) Retaliation definition.--The Superintendent shall
work with the sexual assault prevention and response staff of
the Academy to define `retaliation' for purposes of this
subsection.
``(3) Minimum resource requirements.--
``(A) In general.--The Maritime Administrator shall ensure
the staff at the United States Merchant Marine Academy are
provided adequate and appropriate sexual harassment, dating
violence, domestic violence, sexual assault, and stalking
prevention and response training materials and resources.
Such resources shall include staff as follows:
``(i) Sexual assault response coordinator.
``(ii) Prevention educator.
``(iii) Civil rights officer.
``(iv) Staff member to oversee Sea Year.
``(B) Communication.--The Director of the Office of Civil
Rights of the Maritime Administration shall create and
maintain a direct line of communication to the sexual assault
response staff of the Academy that is outside of the chain of
command of the Academy.
``(4) Minimum training requirements.--The Superintendent
shall ensure that all cadets receive training on the sexual
harassment, dating violence, domestic violence, sexual
assault, and stalking prevention and response sections of the
development program of the Academy, as described in paragraph
(1), as follows:
``(A) An initial training session, which shall occur not
later than 7 days after a cadet's initial arrival at the
Academy.
``(B) Additional training sessions, which shall occur
biannually following the cadet's initial training session
until the cadet graduates or leaves the Academy.''.
(c) Aggregate Reporting.--Section 51318 of title 46, United
States Code, as added by section 3510 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2782), is amended by adding at the end the
following:
``(e) Data for Aggregate Reporting.--
``(1) In general.--No requirement related to
confidentiality in this section or section 51319 may be
construed to prevent a sexual assault response coordinator
from providing information for any report required by law
regarding sexual harassment, dating violence, domestic
violence, sexual assault, or stalking.
``(2) Identity protection.--Any information provided for a
report referred to in paragraph (1) shall be provided in a
manner that protects the identity of the victim or
witness.''.
(d) Definitions.--Section 51318 of title 46, United States
Code, as added by section 3510 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2782), as amended by subsection (c), is further
amended by adding at the end the following:
``(f) Definitions.--In this section and section 51319:
``(1) Dating violence; domestic violence; stalking.--The
terms `dating violence', `domestic violence', and `stalking'
have the meanings given those terms is section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).
``(2) Sexual assault.--The term `sexual assault' means an
offense classified as a forcible or nonforcible sex offense
under the uniform crime reporting system of the Federal
Bureau of Investigation.''.
(e) Conforming Amendments.--
(1) Heading.--Section 51318 of title 46, United States
Code, as added by section 3510 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2782), is amended by striking the section heading
and inserting the following:

``Sec. 51318. Policy on sexual harassment, dating violence,
domestic violence, sexual assault, and stalking''.

(2) Table of sections amendment.--The table of sections for
chapter 513 of title 46, United States Code, as amended by
subtitle A of title XXXV of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2774), is amended by striking the item relating to
section 51318 and inserting the following:

``51318. Policy on sexual harassment, dating violence, domestic
violence, sexual assault, and stalking.''.

SEC. 3510. SEXUAL ASSAULT PREVENTION AND RESPONSE STAFF.

(a) In General.--Section 51319 of title 46, United States
Code, as added by section 3511 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2785), is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking subsection (a) and inserting the following:
``(a) Sexual Assault Response Coordinators.--
``(1) Requirement for coordinators.--The United States
Merchant Marine Academy shall employ or contract with at
least 1 full-time sexual assault response coordinator who
shall reside at or near the Academy. The Secretary of
Transportation may assign additional full-time or part-time
sexual assault response coordinators at the Academy as
necessary.
``(2) Selection criteria.--Each sexual assault response
coordinator shall be selected based on--
``(A) experience and a demonstrated ability to effectively
provide victim services related to sexual harassment, dating
violence, domestic violence, sexual assault, and stalking;
and
``(B) protection of the individual under applicable law to
provide privileged communication.
``(3) Confidentiality.--A sexual assault response
coordinator shall, to the extent authorized under applicable
law, provide confidential services to a midshipman who
reports being a victim of, or witness to, sexual harassment,
dating violence, domestic violence, sexual assault, or
stalking.
``(4) Training.--
``(A) Verification.--Not later than 90 days after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2018, the Maritime Administrator, in
consultation with the Director of the Maritime Administration
Office of Civil Rights, shall develop a process to verify
that each sexual assault response coordinator has completed
proper training.

[[Page S4448]]

``(B) Training requirements.--The training referred to in
subparagraph (A) shall include training in--
``(i) working with victims of sexual harassment, dating
violence, domestic violence, sexual assault, and stalking;
``(ii) the policies, procedures, and resources of the
Academy related to responding to sexual harassment, dating
violence, domestic violence, sexual assault, and stalking;
and
``(iii) national, State, and local victim services and
resources available to victims of sexual harassment, dating
violence, domestic violence, sexual assault, and stalking.
``(C) Completion of training.--A sexual assault response
coordinator shall complete the training referred to in
subparagraphs (A) and (B) not later than--
``(i) 270 days after enactment of the National Defense
Authorization Act for Fiscal Year 2018; or
``(ii) 180 days after starting in the role of sexual
assault response coordinator.
``(5) Duties.--A sexual assault response coordinator
shall--
``(A) confidentially receive a report from a victim of
sexual harassment, dating violence, domestic violence, sexual
assault, or stalking;
``(B) inform the victim of--
``(i) the victim's rights under applicable law;
``(ii) options for reporting an incident of sexual
harassment, dating violence, domestic violence, sexual
assault, or stalking to the Academy and law enforcement;
``(iii) how to access available services, including
emergency medical care, medical forensic or evidentiary
examinations, legal services, services provided by rape
crisis centers and other victim service providers, services
provided by the volunteer sexual assault victim advocates at
the Academy, and crisis intervention counseling and ongoing
counseling;
``(iv) such coordinator's ability to assist in arranging
access to such services, with the consent of the victim;
``(v) available accommodations, such as allowing the victim
to change living arrangements and obtain accessibility
services;
``(vi) such coordinator's ability to assist in arranging
such accommodations, with the consent of the victim;
``(vii) the victim's rights and the Academy's
responsibilities regarding orders of protection, no contact
orders, restraining orders, or similar lawful orders issued
by the Academy or a criminal, civil, or tribal court; and
``(viii) privacy limitations under applicable law;
``(C) represent the interests of any midshipmen who reports
being a victim of sexual harassment, dating violence,
domestic violence, sexual assault, or stalking, even if such
interests are in conflict with the interests of the Academy;
``(D) advise the victim of, and provide written materials
regarding, the information described in subparagraph (B);
``(E) liaise with appropriate staff at the Academy, with
the victim's consent, to arrange reasonable accommodations
through the Academy to allow the victim to change living
arrangements, obtain accessibility services, or access other
accommodations;
``(F) maintain the privacy and confidentiality of the
victim, and shall not notify the Academy or any other
authority of the identity of the victim or the alleged
circumstances surrounding the reported incident unless--
``(i) otherwise required by applicable law;
``(ii) requested to do so by the victim who has been fully
and accurately informed about what procedures shall occur if
the information is shared; or
``(iii) notwithstanding clause (i) or clause (ii), there is
risk of imminent harm to other individuals;
``(G) assist the victim in contacting and reporting an
incident of sexual harassment, dating violence, domestic
violence, sexual assault, or stalking to the Academy or law
enforcement, if requested to do so by the victim who has been
fully and accurately informed about what procedures shall
occur if information is shared; and
``(H) submit to the Director of the Maritime Administration
Office of Civil Rights an annual report summarizing how the
resources supplied to the coordinator were used during the
prior year, including the number of victims assisted by the
coordinator.
``(b) Oversight.--
``(1) In general.--
``(A) Reporting.--Each sexual assault response coordinator
shall--
``(i) report directly to the Superintendent; and
``(ii) have concurrent reporting responsibility to the
Executive Director of the Maritime Administration on matters
related to the Maritime Administration and the Department of
Transportation and upon belief that the Academy leadership is
acting inappropriately regarding sexual assault prevention
and response matters.
``(B) Support.--The Maritime Administration Office of Civil
Rights shall provide support to the sexual assault response
coordinator at the Academy on all sexual harassment, dating
violence, domestic violence, sexual assault, or stalking
prevention matters.
``(2) Prohibition on investigation by the academy.--Any
request by a victim for an accommodation, as described in
subsection (a)(5)(F), made by a sexual assault response
coordinator shall not trigger an investigation by the
Academy, even if such coordinator deals only with matters
relating to sexual harassment, dating violence, domestic
violence, sexual assault, or stalking.
``(3) Prohibition on retaliation.--A sexual assault
response coordinator, victim advocate, or companion may not
be disciplined, penalized, or otherwise retaliated against by
the Academy for representing the interests of the victim,
even if such interests are in conflict with the interests of
the Academy.''.
(b) Access of Academy Midshipmen to Department of Defense
SAFE Helpline.--
(1) In general.--The Secretary of Transportation, acting
through the Superintendent of the United States Merchant
Marine Academy, and the Secretary of Defense shall jointly
provide for the access to and use of the Department of
Defense SAFE Helpline by midshipmen at the Merchant Marine
Academy.
(2) Training.--The training provided to personnel of the
Department of Defense SAFE Helpline shall include training on
the resources available to midshipmen at the Merchant Marine
Academy in connection with sexual assault, sexual harassment,
domestic violence, dating violence, and stalking.
(c) Repeal of Duplicate Requirement.--Subsection (c) of
section 51319 of title 46, United States Code, as
redesignated by subsection (a)(1)--
(1) by striking paragraph (5);
(2) redesignating paragraph (6) as paragraph (5); and
(3) in paragraph (5), as so redesignated, by striking
``(3), (4), and (5)'' and inserting ``(3) and (4)''.

SEC. 3511. PROTECTION OF STUDENTS FROM SEXUAL ASSAULT ONBOARD
VESSELS .

(a) In General.--Chapter 513 of title 46, United States
Code, as amended by subtitle A of title XXXV of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328), is amended by adding at the end the following new
section:

``Sec. 51320. Protection of students from sexual assault
onboard vessels

``(a) Provision of Individual Satellite Communication
Devices During Sea Year.--
``(1) In general.--The Maritime Administrator shall ensure
that each midshipman at the United States Merchant Marine
Academy is provided a functional satellite communication
device during the midshipman's Sea Year.
``(2) Check-in.--Not less often than once each week, each
such midshipman shall check-in with designated personnel at
the Academy via the midshipman's personal satellite
communication device. A text message sent via the
midshipman's personal satellite device shall meet the
requirement for a weekly check-in for purposes of this
paragraph.
``(b) Riding Gangs.--The Maritime Administrator shall--
``(1) require the owner or operator of any commercial
vessel carrying a midshipman of the Academy to certify their
compliance with the International Convention for Safety of
Life at Sea, 1974, with annex, done at London November 1,
1974 (32 UST 47) and section 8106; and
``(2) ensure the Academy informs midshipmen preparing for
Sea Year of the obligations that vessel owners and operators
have to provide for the security of individuals aboard a
vessel under United States law, including chapter 81 and
section 70103(c).
``(c) Checks of Commercial Vessels.--
``(1) Requirement.--Not less frequently than biennially,
the staff of the United States Merchant Marine Academy or the
Maritime Administration shall conduct both random and
targeted unannounced checks of not less than 10 percent of
the commercial vessels that host a midshipman from the
Academy.
``(2) Removal of students.--If such staff determine that
such a commercial vessel is in violation of the sexual
assault policy developed by the Academy through such a check,
such staff are authorized to remove any midshipman of the
Academy from the vessel and report any such violation to the
company that owns the vessel.
``(d) Maintenance of Sexual Assault Training Records.--The
Maritime Administrator shall require each company or seafarer
union for a commercial vessel to maintain records of sexual
assault training for the crew and passengers of any vessel
hosting a midshipman from the Academy.
``(e) Sea Year Survey.--
``(1) Requirement.--The Maritime Administrator shall
require each midshipman from the Academy upon completion of
the midshipman's Sea Year to complete a survey regarding the
environment and conditions during the Sea Year.
``(2) Availability.--The Maritime Administrator shall make
available to the public for each year--
``(A) the questions used in the survey required by
paragraph (1); and
``(B) the aggregated data received from such surveys.''.
(b) Table of Sections Amendment.--The table of sections for
chapter 513 of title 46, United States Code, as amended by
subtitle A of title XXXV of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328),
is amended by adding at the end the following:

``51320. Protection of students from sexual assault onboard vessels.''.

SEC. 3512. TRAINING REQUIREMENT FOR SEXUAL ASSAULT
INVESTIGATORS.

Each employee of the Office of Inspector General of the
Department of Transportation

[[Page S4449]]

who conducts investigations and who is assigned to the
Regional Investigations Office in New York, New York--
(1) to participate in specialized training in conducting
sexual assault investigations; and
(2) to attend at least 1 Federal Law Enforcement Training
Center (FLETC) sexual assault investigation course, or
equivalent sexual assault investigation training course, as
determined by the Inspector General, each year.
______