Improving Protections for Midshipmen Act

To enhance the policies, procedures, and training for midshipmen at the United States Merchant Marine Academy, and for other purposes. 1. Short title This Act may be cited as the Improving Protections for Midshipmen Act 2. Suspension or revocation of merchant mariner credentials for perpetrators of sexual harassment or sexual assault (a) In general Chapter 77 (1) in section 7701(b), by striking section 7703 section 7703, 7704, or 7704a, (2) by inserting after section 7704 the following: 7704a. Sexual harassment or sexual assault as grounds for suspension or revocation 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 proceedings, is the subject of a claim, that is— (1) a claim of— (A) sexual harassment as defined in section 1561(e)(1) of title 10; or (B) sexual assault as described by section 920 of title 10 (article 120 of the Uniform Code of Military Justice); and (2) substantiated, meaning that either— (A) the employer of the accused determines that it is more likely than not that the harassment or assault has taken place; or (B) a finding by any Federal, State, local, or Tribal administrative or legal proceeding that the harassment or assault has taken place, the license, certificate, or document shall be suspended or revoked. . (b) Clerical amendment The table of sections of chapter 77 section 7704 7704a. Sexual harassment or sexual assault as grounds for suspension or revocation. . 3. Supporting the United States Merchant Marine Academy (a) In general Chapter 513 51323. Sexual assault and sexual harassment prevention information management system (a) Information management system Not later than January 1, 2023, the Maritime Administrator shall establish an information management system— (1) to track and maintain— (A) the overall number of sexual assault or sexual harassment incidents per fiscal year at the United States Merchant Marine Academy; (B) the location of each such incident; (C) the names and ranks of the individuals involved in each such incident; (D) the general nature of each such incident; (E) the type of inquiry made into each such incident; (F) a determination as to whether each such incident is substantiated; and (G) any accountability taken for misconduct related to the incident; and (2) that is maintained in a secure fashion and ensures the protection of privacy for any individuals involved in such incidents. (b) Sea Year program The Maritime Administrator shall provide for the establishment of in-person and virtual confidential exit interviews for midshipmen from the Academy upon completion of Sea Year and following completion by the midshipmen of the survey under section 51322(d). 51324. 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 The Council shall be composed of not fewer than eight and not more than 14 individuals selected by the President who are alumni 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. At least one member shall be licensed in the field of mental health and have prior experience working as a counselor or therapist providing mental health care to survivors of sexual assault in a victim services agency or organization. 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) Functions; meetings The Council shall meet not less often than annually to review the policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking under section 51318, and such other matters related to sexual assault and sexual harassment the Council views as appropriate, to ensure that such policy and such matters conform to the extent practicable to best practices in the sexual assault field. To carry out this subsection, the Council may conduct case reviews and have access, including through interviews, to 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), to Sea Year surveys under section 51323(b), to all data collected from restricted reporting, and to any other information necessary to conduct such case reviews, except that the Council may not have access to any personally identifying information associated with such interviews, surveys, data, or 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 its findings based on the reviews conducted pursuant to subsection (c). (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. (g) Sunset This section shall cease to be effective on the date that is 10 years after the date of enactment of this section. 51325. Diversity and inclusion action plan (a) In general Not later than January 1, 2023, the Maritime Administrator shall promulgate a Diversity and Inclusion Action Plan for the United States Merchant Marine Academy (referred to in this section as the Plan (1) 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; (2) promulgate and make available a set of resources to— (A) establish responsibilities for midshipmen, faculty, and staff of the Academy with respect to diversity and inclusion; (B) 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; (C) hold leaders and other individuals at the Academy accountable for violations of such standards; (D) equip midshipmen, faculty, and staff of the Academy with the resources and materials to promote a diverse and inclusive working environment; and (E) address how concepts of diversity and inclusion can be integrated into the curriculum and training of the Academy; (3) require a biannual survey of midshipmen, faculty, and staff of the Academy assessing— (A) the inclusiveness of the environment of the Academy; and (B) the effectiveness of the Plan; and (4) require an annual survey of faculty and staff of the Academy assessing the inclusiveness of the environment of 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 report on the resources necessary to properly implement this section. . (b) Conforming amendments The chapter analysis for chapter 513 51323. Sexual assault and sexual harassment prevention information management system 51324. Sexual assault advisory council 51325. Diversity and inclusion action plan . (c) United States Merchant Marine Academy student support plan (1) Student support plan Not later than January 1, 2023, the Maritime Administrator shall promulgate a Student Support Plan for the United States Merchant Marine Academy. 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; (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 Act, the Maritime Administrator shall provide Congress with a report on the resources necessary to properly implement this subsection. 4. Special victims counsel 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 counsel The Secretary shall designate legal counsel (to be known as Special Victims’ Counsel ; and (3) by adding at the end the following: (e) Unfilled vacancies In the event of an unfilled vacancy for any position under this section, the Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 . 5. Catch a Serial Offender assessment Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard, in consultation with the Maritime Administrator, shall conduct an assessment of the feasibility and process necessary to implement a program for the United States Merchant Marine Academy and United States Merchant Marine modeled off of 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. 6. 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 provided to all midshipmen of the Academy, 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 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. . 7. United States maritime transportation system workforce diversity and inclusion task force Section 55501 of title 46, United States Code, is amended by adding at the end the following: (g) Maritime transportation system diversity and inclusion task force (1) In general Not later than 120 days after the date of enactment of this subsection, the Secretary of Transportation shall establish within the Committee a task force to provide an interagency forum for the identification, discussion, and sharing of tools and practices that promote diversity and inclusiveness within the maritime transportation system workforce. (2) Responsibilities The task force established under this subsection shall share best practices with the Committee toward enhancing representation in the maritime transportation system workforce. (3) Diversity and inclusion action plan Not later than January 1, 2023, the Secretary of Transportation shall promulgate a Diversity and Inclusion Action Plan for the maritime transportation system workforce. Such plan shall establish measurable parameters to assess recruiting, retention, training, and support for women and historically underrepresented racial and ethnic minorities within the United States maritime community. . 1. Short title This Act may be cited as the Improving Protections for Midshipmen Act 2. Suspension or revocation of merchant mariner credentials for perpetrators of sexual harassment or sexual assault (a) In general Chapter 77 section 7704 7704a. Sexual harassment or sexual assault as grounds for suspension or revocation (a) Sexual harassment Subject to subsection (c)(3), 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 Subject to subsection (c)(3), 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 (A) a legal proceeding, or a final agency action in any administrative proceeding, that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation and for which all appeals have been exhausted; 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 (d), if the determination affords appropriate due process rights to the subject of the investigation. (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 of the individual as to whether the individual committed sexual harassment or sexual assault. (B) Upon request from the Coast Guard, any investigative materials, documents, records, or files in the possession of an employer or former employer of the individual that are related to the claim of sexual harassment or sexual assault by the individual. (3) Additional review A license, certificate of registry, or merchant mariner’s document shall not be suspended or revoked under subsection (a) or (b) unless the substantiated claim is reviewed and affirmed, in accordance with the applicable definition in subsection (d), by an administrative law judge at the same suspension or revocation hearing under this chapter described in subsection (a) or (b), as applicable. (d) Definitions (1) Sexual harassment The term sexual harassment (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 chapter 109A (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 harassment and sexual assault addressed in titles 10 and 18, to implement this section. . (b) Clerical amendment The chapter analysis of chapter 77 section 7704 7704a. Sexual harassment or sexual assault as grounds for suspension or revocation. . 3. Supporting the United States Merchant Marine Academy (a) In general Chapter 513 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. (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). 51324. 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 midshipman 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 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 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. 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 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; 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. (f) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. 51326. Student support The Maritime Administrator shall— (1) require a biannual survey of midshipmen, faculty, and staff of the Academy assessing the inclusiveness of the environment of the Academy; and (2) require an annual survey of faculty and staff of the Academy assessing the inclusiveness of the environment of 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 51326 of title 46, United States Code, as added by this section. (c) Conforming amendments The chapter analysis for chapter 513 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. 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; (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 (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 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 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. . December 7, 2022 Reported with an amendment

Summary: Improving Protections for Midshipmen Act This bill addresses sexual harassment, sexual assault, and other policies, procedures, and training for midshipmen at the U.S. Merchant Marine Academy. For example, the Department of Transportation (DOT) shall establish a Sexual Assault Advisory Council to review the academy's policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking and other relevant matters related to sexual assault and sexual harassment. The DOT's Maritime Administration shall (1) establish an information management system to track and maintain information regarding claims and incidents of sexual harassment, dating violence, domestic violence, sexual assault, and stalking involving cadets at the academy; (2) implement comprehensive in-person sexual assault risk-reduction and response training for all midshipmen at the academy; and (3) require a biannual survey of midshipmen, faculty, and staff of the academy assessing the inclusiveness of the environment at the academy and an annual survey assessing the inclusiveness of the environment of the Sea Year program. Additionally, the bill designates a Special Victims' Advisor to provide legal assistance to any cadet of the academy who is the victim of a sex-related offense. Further, the Coast Guard shall assess the feasibility of implementing a program modeled on the Catch a Serial Offender program of the Department of Defense. The bill also expands the authority of the Coast Guard to suspend or revoke a mariner's license on grounds related to sexual harassment or assault.