II 

117TH CONGRESS 

1ST SESSION S. 3196 

To enhance the policies, procedures, and training for midshipmen at the 

United States Merchant Marine Academy, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 4, 2021 

Mr. WICKER (for himself, Mrs. GILLIBRAND, and Ms. COLLINS) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

A BILL 

To enhance the policies, procedures, and training for midshipmen at the United States Merchant Marine Academy, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Protections 

5 for Midshipmen Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 3196 IS

1 SEC. 2. SUSPENSION OR REVOCATION OF MERCHANT MAR2 INER CREDENTIALS FOR PERPETRATORS OF 

3 SEXUAL HARASSMENT OR SEXUAL ASSAULT. 

4 (a) IN GENERAL.—Chapter 77 of title 46, United 

5 States Code, is amended— 

6 (1) in section 7701(b), by striking ‘‘section 

7 7703’’ and inserting ‘‘section 7703, 7704, or 

8 7704a,’’; and 

9 (2) by inserting after section 7704 the fol10 lowing: 

11 ‘‘§ 7704a. Sexual harassment or sexual assault as 

12 grounds for suspension or revocation 

13 ‘‘If it is shown at a hearing under this chapter that 

14 a holder of a license, certificate of registry, or merchant 

15 mariner’s document issued under this part, within 10 

16 years before the beginning of the proceedings, is the sub17 ject of a claim, that is— 

18 ‘‘(1) a claim of— 

19 ‘‘(A) sexual harassment as defined in sec20 tion 1561(e)(1) of title 10; or 

21 ‘‘(B) sexual assault as described by section 

22 920 of title 10 (article 120 of the Uniform Code 

23 of Military Justice); and 

24 ‘‘(2) substantiated, meaning that either— 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 3196 IS

1 ‘‘(A) the employer of the accused deter2 mines that it is more likely than not that the 

3 harassment or assault has taken place; or 

4 ‘‘(B) a finding by any Federal, State, local, 

5 or Tribal administrative or legal proceeding 

6 that the harassment or assault has taken place, 

7 the license, certificate, or document shall be sus8 pended or revoked.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 of chapter 77 of title 46, United States Code, is amended 

11 by inserting after the item relating to section 7704 the 

12 following: 

‘‘7704a. Sexual harassment or sexual assault as grounds for suspension or revocation.’’. 

13 SEC. 3. SUPPORTING THE UNITED STATES MERCHANT MA14 RINE ACADEMY. 

15 (a) IN GENERAL.—Chapter 513 of title 46, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 51323. Sexual assault and sexual harassment pre19 vention information management system 

20 ‘‘(a) INFORMATION MANAGEMENT SYSTEM.—Not 

21 later than January 1, 2023, the Maritime Administrator 

22 shall establish an information management system— 

23 ‘‘(1) to track and maintain— 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 3196 IS

1 ‘‘(A) the overall number of sexual assault 

2 or sexual harassment incidents per fiscal year 

3 at the United States Merchant Marine Acad4 emy; 

5 ‘‘(B) the location of each such incident; 

6 ‘‘(C) the names and ranks of the individ7 uals involved in each such incident; 

8 ‘‘(D) the general nature of each such inci9 dent; 

10 ‘‘(E) the type of inquiry made into each 

11 such incident; 

12 ‘‘(F) a determination as to whether each 

13 such incident is substantiated; and 

14 ‘‘(G) any accountability taken for mis15 conduct related to the incident; and 

16 ‘‘(2) that is maintained in a secure fashion and 

17 ensures the protection of privacy for any individuals 

18 involved in such incidents. 

19 ‘‘(b) SEA YEAR PROGRAM.—The Maritime Adminis20 trator shall provide for the establishment of in-person and 

21 virtual confidential exit interviews for midshipmen from 

22 the Academy upon completion of Sea Year and following 

23 completion by the midshipmen of the survey under section 

24 51322(d). 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 3196 IS

1 ‘‘§ 51324. Sexual assault advisory council 

2 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor3 tation shall establish a Sexual Assault Advisory Council 

4 (in this section referred to as the ‘Council’). 

5 ‘‘(b) MEMBERSHIP.—The Council shall be composed 

6 of not fewer than eight and not more than 14 individuals 

7 selected by the President who are alumni or current mid8 shipmen of the United States Merchant Marine Academy 

9 (including midshipmen or alumni who were victims of sex10 ual assault and midshipmen or alumni who were not vic11 tims of sexual assault) and governmental and nongovern12 mental experts and professionals in the sexual assault 

13 field. At least one member shall be licensed in the field 

14 of mental health and have prior experience working as a 

15 counselor or therapist providing mental health care to sur16 vivors of sexual assault in a victim services agency or orga17 nization. No employee of the Department of Transpor18 tation shall be a member of the Council. The number of 

19 governmental experts appointed to the Council shall not 

20 exceed the number of nongovernmental experts. 

21 ‘‘(c) FUNCTIONS; MEETINGS.—The Council shall 

22 meet not less often than annually to review the policy on 

23 sexual harassment, dating violence, domestic violence, sex24 ual assault, and stalking under section 51318, and such 

25 other matters related to sexual assault and sexual harass26 ment the Council views as appropriate, to ensure that such 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 3196 IS

1 policy and such matters conform to the extent practicable 

2 to best practices in the sexual assault field. To carry out 

3 this subsection, the Council may conduct case reviews and 

4 have access, including through interviews, to current and 

5 former midshipmen of the United States Merchant Marine 

6 Academy (to the extent that such midshipmen provide the 

7 Department of Transportation express consent to be inter8 viewed by the Council), to Sea Year surveys under section 

9 51323(b), to all data collected from restricted reporting, 

10 and to any other information necessary to conduct such 

11 case reviews, except that the Council may not have access 

12 to any personally identifying information associated with 

13 such interviews, surveys, data, or information. 

14 ‘‘(d) REPORTS.—On an annual basis for each of the 

15 5 years after the date of enactment of this section, and 

16 at the discretion of the Council thereafter, the Council 

17 shall submit, to the President and the Committee on Com18 merce, Science, and Transportation and the Committee on 

19 Appropriations of the Senate and the Committee on 

20 Transportation and Infrastructure and the Committee on 

21 Appropriations of the House of Representatives, a report 

22 on its findings based on the reviews conducted pursuant 

23 to subsection (c). 

24 ‘‘(e) EMPLOYEE STATUS.—Members of the Council 

25 shall not be considered employees of the United States 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 3196 IS

1 Government for any purpose and shall not receive com2 pensation other than reimbursement of travel expenses 

3 and per diem allowance in accordance with section 5703 

4 of title 5. 

5 ‘‘(f) NONAPPLICABILITY OF FACA.—The Federal 

6 Advisory Committee Act (5 U.S.C. App.) shall not apply 

7 to the Council. 

8 ‘‘(g) SUNSET.—This section shall cease to be effective 

9 on the date that is 10 years after the date of enactment 

10 of this section. 

11 ‘‘§ 51325. Diversity and inclusion action plan 

12 ‘‘(a) IN GENERAL.—Not later than January 1, 2023, 

13 the Maritime Administrator shall promulgate a Diversity 

14 and Inclusion Action Plan for the United States Merchant 

15 Marine Academy (referred to in this section as the ‘Plan’). 

16 The Plan shall— 

17 ‘‘(1) increase recruiting efforts in historically 

18 underrepresented communities, including through 

19 partnerships with historically black colleges and uni20 versities and maritime centers of excellence des21 ignated under section 51706; 

22 ‘‘(2) promulgate and make available a set of re23 sources to— 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 3196 IS

1 ‘‘(A) establish responsibilities for mid2 shipmen, faculty, and staff of the Academy with 

3 respect to diversity and inclusion; 

4 ‘‘(B) create standards of— 

5 ‘‘(i) training that require inter6 personal dialogue on diversity and inclu7 sion; 

8 ‘‘(ii) setting behavioral boundaries 

9 with others; and 

10 ‘‘(iii) specific processes for the report11 ing and documentation of misconduct re12 lated to hazing, bullying, hate, and harass13 ment; 

14 ‘‘(C) hold leaders and other individuals at 

15 the Academy accountable for violations of such 

16 standards; 

17 ‘‘(D) equip midshipmen, faculty, and staff 

18 of the Academy with the resources and mate19 rials to promote a diverse and inclusive working 

20 environment; and 

21 ‘‘(E) address how concepts of diversity and 

22 inclusion can be integrated into the curriculum 

23 and training of the Academy; 

24 ‘‘(3) require a biannual survey of midshipmen, 

25 faculty, and staff of the Academy assessing— 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 3196 IS

1 ‘‘(A) the inclusiveness of the environment 

2 of the Academy; and 

3 ‘‘(B) the effectiveness of the Plan; and 

4 ‘‘(4) require an annual survey of faculty and 

5 staff of the Academy assessing the inclusiveness of 

6 the environment of the Sea Year program. 

7 ‘‘(b) REPORT TO CONGRESS.—Not later than 30 days 

8 after the date of enactment of this section, the Maritime 

9 Administrator shall provide Congress with a report on the 

10 resources necessary to properly implement this section.’’. 

11 (b) CONFORMING AMENDMENTS.—The chapter anal12 ysis for chapter 513 of title 46, United States Code, is 

13 amended by adding at the end the following: 

‘‘51323. Sexual assault and sexual harassment prevention information management system 

‘‘51324. Sexual assault advisory council 

‘‘51325. Diversity and inclusion action plan’’. 

14 (c) UNITED STATES MERCHANT MARINE ACADEMY

15 STUDENT SUPPORT PLAN.— 

16 (1) STUDENT SUPPORT PLAN.—Not later than 

17 January 1, 2023, the Maritime Administrator shall 

18 promulgate a Student Support Plan for the United 

19 States Merchant Marine Academy. Such plan 

20 shall— 

21 (A) address the mental health resources 

22 available to midshipmen, both on-campus and 

23 during Sea Year; 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 3196 IS

1 (B) establish a tracking system for suicidal 

2 ideations and suicide attempts; 

3 (C) create an option for midshipmen to ob4 tain assistance from a professional care pro5 vider virtually; and 

6 (D) require an annual survey of faculty 

7 and staff assessing the adequacy of mental 

8 health resources for midshipmen of the Acad9 emy, both on campus and during Sea Year. 

10 (2) REPORT TO CONGRESS.—Not later than 30 

11 days after the date of enactment of this Act, the 

12 Maritime Administrator shall provide Congress with 

13 a report on the resources necessary to properly im14 plement this subsection. 

15 SEC. 4. SPECIAL VICTIMS COUNSEL. 

16 Section 51319 of title 46, United States Code, is 

17 amended— 

18 (1) by redesignating subsection (c) as sub19 section (d); 

20 (2) by inserting after subsection (b) the fol21 lowing: 

22 ‘‘(c) SPECIAL VICTIMS COUNSEL.—The Secretary 

23 shall designate legal counsel (to be known as ‘Special Vic24 tims’ Counsel’) for the purpose of providing legal assist25 ance to any cadet of the Academy who is the victim of 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 3196 IS

1 an alleged sex-related offense, regardless of whether the 

2 report of that offense is restricted or unrestricted.’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(e) UNFILLED VACANCIES.—In the event of an un5 filled vacancy for any position under this section, the Sec6 retary may appoint, without regard to the provisions of 

7 subchapter I of chapter 33 of title 5, other than sections 

8 3303 and 3328 of that title, a qualified candidate for the 

9 purposes of filling such position.’’. 

10 SEC. 5. CATCH A SERIAL OFFENDER ASSESSMENT. 

11 Not later than 1 year after the date of enactment 

12 of this Act, the Commandant of the Coast Guard, in con13 sultation with the Maritime Administrator, shall conduct 

14 an assessment of the feasibility and process necessary to 

15 implement a program for the United States Merchant Ma16 rine Academy and United States Merchant Marine mod17 eled off of the Catch a Serial Offender program of the 

18 Department of Defense using the information manage19 ment system required under subsection (a) of section 

20 51323 of title 46, United States Code, and the exit inter21 views under subsection (b) of such section. 

22 SEC. 6. SHIPBOARD TRAINING. 

23 Section 51322(a) of title 46, United States Code, is 

24 amended by adding at the end the following: 

25 ‘‘(3) TRAINING.— 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 3196 IS

1 ‘‘(A) IN GENERAL.—As part of training 

2 provided to all midshipmen of the Academy, the 

3 Maritime Administrator shall develop and im4 plement comprehensive in-person sexual assault 

5 risk-reduction and response training that, to 

6 the extent practicable, conforms to best prac7 tices in the sexual assault field and includes ap8 propriate scenario-based training. 

9 ‘‘(B) DEVELOPMENT AND CONSULTATION

10 WITH EXPERTS.—In developing the sexual as11 sault risk-reduction and response training 

12 under subparagraph (A), the Maritime Admin13 istrator shall consult with and incorporate, as 

14 appropriate, the recommendations and views of 

15 experts in the sexual assault field.’’. 

16 SEC. 7. UNITED STATES MARITIME TRANSPORTATION SYS17 TEM WORKFORCE DIVERSITY AND INCLU18 SION TASK FORCE. 

19 Section 55501 of title 46, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘(g) MARITIME TRANSPORTATION SYSTEM DIVER22 SITY AND INCLUSION TASK FORCE.— 

23 ‘‘(1) IN GENERAL.—Not later than 120 days 

24 after the date of enactment of this subsection, the 

25 Secretary of Transportation shall establish within 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 3196 IS

1 the Committee a task force to provide an inter2 agency forum for the identification, discussion, and 

3 sharing of tools and practices that promote diversity 

4 and inclusiveness within the maritime transportation 

5 system workforce. 

6 ‘‘(2) RESPONSIBILITIES.—The task force estab7 lished under this subsection shall share best prac8 tices with the Committee toward enhancing rep9 resentation in the maritime transportation system 

10 workforce. 

11 ‘‘(3) DIVERSITY AND INCLUSION ACTION

12 PLAN.—Not later than January 1, 2023, the Sec13 retary of Transportation shall promulgate a Diver14 sity and Inclusion Action Plan for the maritime 

15 transportation system workforce. Such plan shall es16 tablish measurable parameters to assess recruiting, 

17 retention, training, and support for women and his18 torically underrepresented racial and ethnic minori19 ties within the United States maritime community.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS