S.Amdt. 4864

SA 4864. Ms. CANTWELL (for herself and Mr. Wicker) submitted an
amendment intended to be proposed to amendment SA 3867 proposed by Mr.
Reed to the bill H.R. 4350, to authorize appropriations for fiscal year
2022 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
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 MATTERS

Subtitle A--Maritime Administration

SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

There are authorized to be appropriated to the Department
of Transportation for fiscal year 2022, 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, $90,532,000, of which--
(A) $85,032,000, to remain available until September 30,
2023, shall be for Academy operations; and
(B) $5,500,000, to remain available until expended, shall
be for facilities maintenance and repair and equipment.
(2) For expenses necessary for operations, support, and
training activities for the State maritime academies,
$50,780,000, of which--
(A) $2,400,000, to remain available until September 30,
2026, shall be for the Student Incentive Program;
(B) $6,000,000, to remain available until September 30,
2023, shall be for direct payments for State maritime
academies;
(C) $3,800,000, to remain available until expended, shall
be for training ship fuel assistance;
(D) $8,080,000, to remain available until expended, shall
be for offsetting the costs of training ship sharing; and
(E) $30,500,000, to remain available until expended, 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, $315,600,000, which shall
remain available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $81,853,000, of
which--
(A) $10,000,000, to remain available until expended, shall
be for the Maritime Environmental and Technical Assistance
program authorized under section 50307 of title 46, United
States Code;
(B) $11,000,000, to remain available until expended, shall
be for the Marine Highways Program, including to make grants
as authorized under section 55601 of title 46, United States
Code; and
(C) $60,853,000, to remain available until September 30,
2022, shall be for headquarters operations expenses.
(5) For expenses necessary for the disposal of vessels in
the National Defense Reserve Fleet of the Maritime
Administration, $10,000,000, which shall remain available
until expended.
(6) For expenses necessary to maintain and preserve a
United States-flag merchant fleet to serve the national
security needs of the United States, as authorized under
chapter 531 of title 46, United States Code, $318,000,000,
which shall remain available until expended.
(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, to remain available until expended, shall
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, to remain available until expended, may be
used for administrative expenses relating to loan guarantee
commitments under the program.
(8) For expenses necessary to provide for the Tanker
Security Fleet, as authorized under chapter 534 of title 46,
United States Code, $60,000,000, which shall remain available
until expended.
(9) For expenses necessary to provide assistance to small
shipyards and for maritime training programs authorized under
section 54101 of title 46, United States Code, $40,000,000,
which shall remain available until expended.
(10) For expenses necessary to implement the Port and
Intermodal Improvement Program, $750,000,000, to remain
available until expended, except that no such funds 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 determines such equipment would
result in a net loss of jobs within a port of port terminal.

Subtitle B--Other Matters

SEC. 3511. EXPANDING THE MARITIME ENVIRONMENTAL AND TECHNICAL
ASSISTANCE PROGRAM.

(a) Maritime Environmental and Technical Assistance
Program.--From the amount appropriated under section
3501(1)(A), not more than 60 percent shall be reserved for
activities related to technologies that support port and
vessel air emissions reductions and to support zero emissions
technologies, including identification of new fuel or other
power sources.
(b) Uses.--Section 50307 of title 46, United States Code,
is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Uses.--The results of activities conducted under
subsection (b)(1) shall be used to inform the policy
decisions of the United States related to domestic
regulations and to the United States position on matters
before the International Maritime Organization.''.

SEC. 3512. SUSTAINABLE PORT INFRASTRUCTURE.

(a) Short Title.--This section may be cited as the
``Sustainable Port Infrastructure Act''.
(b) Port Development.--Section 50302(c) of title 46, United
States Code, is amended--
(1) in paragraph (3)(A)(ii)--
(A) in subclause (II), by striking ``or'' after the
semicolon; and
(B) by adding at the end the following:

``(IV) projects that improve the resiliency of ports to
address sea-level rise, flooding, extreme weather events,
including earthquakes, hurricanes and tsunami inundation,
including projects for--

[[Page S8869]]

``(aa) port electrification or electrification master
planning;
``(bb) harbor craft or equipment replacements/retrofits;
``(cc) development of port or terminal micro-grids;
``(dd) providing idling reduction infrastructure;
``(ee) purchase of cargo handling equipment and related
infrastructure;
``(ff) worker training to support electrification
technology;
``(gg) installation of port bunkering facilities from
ocean-going vessels for fuels;
``(hh) electric vehicle charge or hydrogen refueling
infrastructure for drayage, and medium or heavy duty trucks
and locomotives that service the port and related grid
upgrades; or
``(ii) other related to port activities including charging
infrastructure, electric rubber-tired gantry cranes, and
anti-idling technologies; or'';
(2) in paragraph (7)(B), by striking ``18 percent'' and
inserting ``25 percent''; and
(3) in paragraph (10)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) Efficient use of non-federal funds.--
``(i) In general.--Notwithstanding any other provision of
law and subject to approval by the Secretary, in the case of
any grant for a project under this section, during the period
beginning on the date on which the grant recipient is
selected and ending on the date on which the grant agreement
is signed--

``(I) the grant recipient may obligate and expend non-
Federal funds with respect to the project for which the grant
is provided; and
``(II) any non-Federal funds obligated or expended in
accordance with subclause (I) shall be credited toward the
non-Federal cost share for the project for which the grant is
provided.

``(ii) Requirements.--

``(I) Application.--In order to obligate and expend non-
Federal funds under clause (i), the grant recipient shall
submit to the Secretary a request to obligate and expend non-
Federal funds under that clause, including--

``(aa) a description of the activities the grant recipient
intends to fund;
``(bb) a justification for advancing the activities
described in item (aa), including an assessment of the
effects to the project scope, schedule, and budget if the
request is not approved; and
``(cc) the level of risk of the activities described in
item (aa).

``(II) Approval.--The Secretary shall approve or disapprove
each request submitted under subclause (I).
``(III) Compliance with applicable requirements.--Any non-
Federal funds obligated or expended under clause (i) shall
comply with all applicable requirements, including any
requirements included in the grant agreement.

``(iii) Effect.--The obligation or expenditure of any non-
Federal funds in accordance with this subparagraph shall
not--

``(I) affect the signing of a grant agreement or other
applicable grant procedures with respect to the applicable
grant;
``(II) create an obligation on the part of the Federal
Government to repay any non-Federal funds if the grant
agreement is not signed; or
``(III) affect the ability of the recipient of the grant to
obligate or expend non-Federal funds to meet the non-Federal
cost share for the project for which the grant is provided
after the period described in clause (i).''.

SEC. 3513. SENSE OF CONGRESS ON THE UNITED STATES MERCHANT
MARINE.

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

SEC. 3514. ENSURING DIVERSE MARINER RECRUITMENT.

Not later than 6 months after the date of 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 to
improve the representation of women and underrepresented
communities in the next generation of the mariner workforce,
including--
(1) Black or African American;
(2) Hispanic or Latino;
(3) Asian;
(4) American Indians, Alaska Native, or Native Hawaiians;
or
(5) Pacific Islander.

SEC. 3516. PREPARING THE MARITIME WORKFORCE FOR LOW AND ZERO
EMISSION VESSELS.

(a) Development of Strategy.--The Secretary of
Transportation, in consultation with the United States
Merchant Marine Academy, State maritime academies, and
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.
(b) Report.--Not later than 6 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 a report on the strategy developed under
subsection (a) and plans for its implementation to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives; and
(2) make such report publicly available.

SEC. 3519. STRATEGIC SEAPORTS.

Section 50302(c)(6) of title 46, United States Code, is
amended by adding at the end the following:
``(C) Infrastructure improvements identified in the report
on strategic seaports.--In selecting projects described in
paragraph (3) for funding under this subsection, the
secretary shall 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. 3520. IMPROVING PROTECTIONS FOR MIDSHIPMEN ACT.

(a) Short Title.--This section may be cited as the
``Improving Protections for Midshipmen Act''.
(b) Suspension or Revocation of Merchant Mariner
Credentials for Perpetrators of Sexual Harassment or Sexual
Assault.--
(1) In general.--Chapter 77 of title 46, United States
Code, is amended by inserting after section 7704 the
following:

``SEC. 7704A. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS
FOR SUSPENSION OR REVOCATION.

``(a) Sexual Harassment.--If it is shown at a hearing under
this chapter that a holder of a license, certificate of
registry, or merchant mariner's document issued under this
part within 10 years before the beginning of the suspension
and revocation proceedings, is the subject of a substantiated
claim of sexual harassment, then the license, certificate of
registry, or merchant mariner's document shall be suspended
or revoked.
``(b) Sexual Assault.--If it is shown at a hearing under
this chapter that a holder of a license, certificate of
registry, or merchant mariner's document issued under this
part within 20 years before the beginning of the suspension
and revocation proceedings, is the subject of a substantiated
claim of sexual assault, then the license, certificate of
registry, or merchant mariner's document shall be revoked.
``(c) Substantiated Claim.--
``(1) In general.--The term `substantiated claim' means--
``(A) a finding by any administrative or legal proceeding
that the individual committed sexual harassment or sexual
assault in violation of any Federal, State, local or Tribal
law or regulation; or
``(B) a determination after an investigation by the Coast
Guard that it is more likely than not the individual
committed sexual harassment or sexual assault as defined in
subsection (c).
``(2) Investigation by the coast guard.--An investigation
by the Coast Guard under paragraph (1)(B) shall include
evaluation of the following materials that shall be provided
to the Coast Guard:
``(A) Any inquiry or determination made by the employer as
to whether the individual committed sexual harassment or
sexual assault.
``(B) Upon request, from an employer or former employer of
the individual, any investigative materials, documents,
records, or files in its possession that are related to the
claim of sexual harassment or sexual assault by the
individual.
``(d) Definitions.--
``(1) Sexual harassment.--The term `sexual harassment'
means any of the following:
``(A) Conduct that--
``(i) involves unwelcome sexual advances, requests for
sexual favors, or deliberate or repeated offensive comments
or gestures of a sexual nature when--

``(I) submission to such conduct is made either explicitly
or implicitly a term or condition of a person's job, pay, or
career;
``(II) submission to or rejection of such conduct by a
person is used as a basis for career or employment decisions
affecting that person;
``(III) such conduct has the purpose or effect of
unreasonably interfering with an individual's work
performance or creates an intimidating, hostile, or offensive
working environment; or
``(IV) conduct may have been by a person's supervisor, a
supervisor in another area, a co-worker, or another
credentialed mariner; and

``(ii) is so severe or pervasive that a reasonable person
would perceive, and the victim does perceive, the environment
as hostile or offensive.
``(B) Any use or condonation, by any person in a
supervisory or command position, of any form of sexual
behavior to control, influence, or affect the career, pay, or
job of a subordinate.
``(C) Any deliberate or repeated unwelcome verbal comment
or gesture of a sexual nature by any fellow employee of the
complainant.
``(2) Sexual assault.--The term `sexual assault' means any
form of abuse or contact as defined in chapter 109A of title
18, United States Code.
``(e) Regulations.--The Secretary of the department in
which the Coast Guard is operating may issue further
regulations as necessary to update the definitions in this
section, consistent with descriptions of sexual

[[Page S8870]]

harassment and sexual assault addressed in title 10 and title
18, United States Code, and any other relevant Federal laws,
to implement subsection (a) of this section.''.
(2) Clerical amendment.--The table of sections of chapter
77 of title 46, United States Code, is amended by inserting
after the item relating to section 7704 the following:

``7704a. Sexual harassment or sexual assault as grounds for suspension
or revocation.''.
(c) Supporting the United States Merchant Marine Academy.--
(1) In general.--Chapter 513 of title 46, United States
Code, is amended by adding at the end the following:

``SEC. 51323. 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 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 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 names and ranks 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 determination as to whether each such incident is
substantiated.
``(G) Any informal and formal accountability measures taken
for misconduct related to the incident, including decisions
on whether to prosecute the case.
``(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 Department of Transportation Chief Information Officer
shall coordinate to ensure that the information management
system under this section shall 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.
``(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.
``(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).

``SEC. 51324. STUDENT ADVISORY BOARD AT THE UNITED STATES
MERCHANT MARINE ACADEMY.

``(a) In General.--The Administrator of the Maritime
Administration 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 Administrator
of the Maritime Administration. 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 Administrator of the Maritime
Administration may reappoint not more than 6 cadets from the
previous term to serve on the Advisory Board for an
additional academic year if the 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 at least once each academic year
to discuss the activities of the Advisory Board. The Advisory
Board shall meet in person with the Administrator of the
Maritime Administration 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 both 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 51323(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
Administrator of the Maritime Administration 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.

``SEC. 51325. 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 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 assault
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 semi-annually to--
``(A) review--
``(i) the policies on sexual harassment, dating violence,
domestic violence, sexual assault, and stalking under section
51318 of this title; and
``(ii) 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) conduct case reviews, as appropriate and only with
the consent of the victim of sexual assault or harassment;
``(B) 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
``(C) review--
``(i) exit interviews under section 51323(b) and surveys
under section 51322(d);
``(ii) data collected from restricted reporting; and
``(iii) any other information necessary to conduct such
case reviews.
``(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.

[[Page S8871]]

``SEC. 51326. DIVERSITY AND INCLUSION ACTION PLAN.

``(a) In General.--Not later than January 1, 2023, the
Maritime Administrator shall issue a Diversity and Inclusion
Action Plan for the United States Merchant Marine Academy
(referred to in this section as the `Plan') and make the Plan
publicly available.
``(b) Contents of Diversity and Inclusion Action Plan;
Surveys.--
``(1) In general.--The Plan shall--
``(A) contain a description of how the United States
Merchant Marine Academy will increase recruiting efforts in
historically underrepresented communities, including through
partnerships with historically Black colleges and
universities and maritime centers of excellence designated
under section 51706;
``(B) develop and make available resources to--
``(i) establish responsibilities for midshipmen, faculty,
and staff of the Academy with respect to diversity and
inclusion;
``(ii) create standards of--

``(I) training that require interpersonal dialogue on
diversity and inclusion;
``(II) setting behavioral boundaries with others; and
``(III) specific processes for the reporting and
documentation of misconduct related to hazing, bullying,
hate, and harassment;

``(iii) hold leaders and other individuals at the Academy
accountable for violations of such standards;
``(iv) equip midshipmen, faculty, and staff of the Academy
with the resources and materials to promote a diverse and
inclusive working environment; and
``(v) address how concepts of diversity and inclusion can
be integrated into the curriculum and training of the
Academy.
``(2) Surveys.--The Maritime Administrator shall--
``(A) require a biannual survey of midshipmen, faculty, and
staff of the Academy assessing--
``(i) the inclusiveness of the environment of the Academy;
and
``(ii) the effectiveness of the Plan; and
``(B) require an annual survey of faculty and staff of the
Academy assessing the inclusiveness of the environment of the
Sea Year program.''.
(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 briefing on the resources
necessary to properly implement this section.
(3) Conforming amendments.--The chapter analysis for
chapter 513 of title 46, United States Code, is amended by
adding at the end the following:

``51323. Sexual assault and sexual harassment prevention information
management system.
``51324. Student advisory board at the United States Merchant Marine
Academy.
``51325. Sexual assault advisory council.
``51326. Diversity and inclusion action plan.''.
(4) United states merchant marine academy student support
plan.--
(A) 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--
(i) address the mental health resources available to
midshipmen, both on-campus and during Sea Year;
(ii) establish a tracking system for suicidal ideations and
suicide attempts of midshipmen;
(iii) create an option for midshipmen to obtain assistance
from a professional care provider virtually; and
(iv) 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.
(B) Report to congress.--Not later than 30 days after the
date of enactment of this Act, the Maritime Administrator
shall provide Congress with a report on the resources
necessary to properly implement this paragraph.
(d) Special Victims Advisor.--Section 51319 of title 46,
United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(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 Uniform Code of Military Justice procedures,
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 subsection (a) and (c) of this section
without regard to sections 3309 through 3319 of title 5,
United States Code.''.
(e) Catch a Serial Offender Assessment.--
(1) Assessment.--Not later than one year after the date of
enactment of this Act, 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
51323 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 they need additional authority to
implement the program described in paragraph (1), the
Commandant or the Administrator, as applicable, shall provide
appropriate legislative change proposals to Congress.
(f) 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 semi-annually 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.''.
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