I 
117TH CONGRESS 
1ST SESSION H. R. 5964 
To enhance the policies, procedures, and training for the United States 
Merchant Marine Academy, to authorize infrastructure replacement and 
improvement projects at the United States Merchant Marine Academy, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 12, 2021 
Mr. SUOZZI introduced the following bill; which was referred to the Committee 
on Armed Services, and in addition to the Committee on Transportation 
and Infrastructure, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To enhance the policies, procedures, and training for the 
United States Merchant Marine Academy, to authorize 
infrastructure replacement and improvement projects at 
the United States Merchant Marine Academy, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Protections 
for Midshipmen Act’’. 
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SEC. 2. SUSPENSION OR REVOCATION OF MERCHANT MAR-
INER CREDENTIALS FOR PERPETRATORS OF 
SEXUAL HARASSMENT OR SEXUAL ASSAULT. 
(a) IN GENERAL.—Chapter 77 of title 46, United 
States Code, is amended— 
(1) in section 7701(b), by striking ‘‘section 
7703’’ and inserting ‘‘section 7703, 7704, or 
7704a,’’; and 
(2) by inserting after section 7704 the fol-
lowing: 
‘‘§ 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 sub-
ject of a claim, that is— 
‘‘(1) a claim of— 
‘‘(A) sexual harassment as defined in sec-
tion 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— 
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‘‘(A) the employer of the accused deter-
mines 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 sus-
pended or revoked.’’. 
(b) 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 rev-
ocation.’’. 
SEC. 3. SUPPORTING THE UNITED STATES MERCHANT MA-
RINE ACADEMY. 
(a) IN GENERAL.—Chapter 513 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 51323. Sexual assault and sexual harassment pre-
vention 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— 
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‘‘(A) the overall number of sexual assault 
or sexual harassment incidents per fiscal year 
at the United States Merchant Marine Acad-
emy; 
‘‘(B) the location of each such incident; 
‘‘(C) the names and ranks of the individ-
uals involved in each such incident; 
‘‘(D) the general nature of each such inci-
dent; 
‘‘(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 mis-
conduct 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 Adminis-
trator 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). 
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‘‘§ 51324. Sexual assault advisory council 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation 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 8 and not more than 14 individuals se-
lected by the President who are alumni or current mid-
shipmen of the United States Merchant Marine Academy 
(including midshipmen or alumni who were victims of sex-
ual assault and midshipmen or alumni who were not vic-
tims of sexual assault) and governmental and nongovern-
mental 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 sur-
vivors of sexual assault in a victim services agency or orga-
nization. No employee of the Department of Transpor-
tation 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, sex-
ual assault, and stalking under section 51318, and such 
other matters related to sexual assault and sexual harass-
ment the Council views as appropriate, to ensure that such 
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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 inter-
viewed 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 Com-
merce, 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 
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Government for any purpose and shall not receive com-
pensation 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’). 
The Plan shall— 
‘‘(1) increase recruiting efforts in historically 
underrepresented communities, including through 
partnerships with historically black colleges and uni-
versities and maritime centers of excellence des-
ignated under section 51706; 
‘‘(2) promulgate and make available a set of re-
sources to— 
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‘‘(A) establish responsibilities for mid-
shipmen, faculty, and staff of the Academy with 
respect to diversity and inclusion; 
‘‘(B) create standards of— 
‘‘(i) 
training 
that 
require 
inter-
personal dialogue on diversity and inclu-
sion; 
‘‘(ii) setting behavioral boundaries 
with others; and 
‘‘(iii) specific processes for the report-
ing and documentation of misconduct re-
lated to hazing, bullying, hate, and harass-
ment; 
‘‘(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 mate-
rials 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— 
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‘‘(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 anal-
ysis 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 manage-
ment 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; 
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(B) establish a tracking system for suicidal 
ideations and suicide attempts; 
(C) create an option for midshipmen to ob-
tain assistance from a professional care pro-
vider virtually; and 
(D) require an annual survey of faculty 
and staff assessing the adequacy of mental 
health resources for midshipmen of the Acad-
emy, 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 im-
plement this subsection. 
SEC. 4. SPECIAL VICTIMS COUNSEL. 
Section 51319 of title 46, United States Code, is 
amended— 
(1) by redesignating subsection (c) as sub-
section (d); 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) SPECIAL VICTIMS COUNSEL.—The Secretary 
shall designate legal counsel (to be known as ‘Special Vic-
tims’ Counsel’) for the purpose of providing legal assist-
ance to any cadet of the Academy who is the victim of 
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an alleged sex-related offense, regardless of whether the 
report of that offense is restricted or unrestricted.’’; and 
(3) by adding at the end the following: 
‘‘(e) UNFILLED VACANCIES.—In the event of an un-
filled vacancy for any position under this section, the Sec-
retary may appoint, without regard to the provisions of 
subchapter I of chapter 33 of title 5, other than sections 
3303 and 3328 of that title, a qualified candidate for the 
purposes of filling such position.’’. 
SEC. 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 con-
sultation with the Maritime Administrator, shall conduct 
an assessment of the feasibility and process necessary to 
implement a program for the United States Merchant Ma-
rine Academy and United States Merchant Marine mod-
eled off of the Catch a Serial Offender program of the 
Department of Defense using the information manage-
ment system required under subsection (a) of section 
51323 of title 46, United States Code, and the exit inter-
views under subsection (b) of such section. 
SEC. 6. SHIPBOARD TRAINING. 
Section 51322(a) of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(3) TRAINING.— 
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‘‘(A) IN
GENERAL.—As part of training 
provided to all midshipmen of the Academy, the 
Maritime Administrator shall develop and im-
plement comprehensive in-person sexual assault 
risk-reduction and response training that, to 
the extent practicable, conforms to best prac-
tices in the sexual assault field and includes ap-
propriate time underway onboard a training 
vessel. 
‘‘(B) DEVELOPMENT AND CONSULTATION 
WITH EXPERTS.—In developing the sexual as-
sault risk-reduction and response training 
under subparagraph (A), the Maritime Admin-
istrator shall consult with and incorporate, as 
appropriate, the recommendations and views of 
experts in the sexual assault field.’’. 
SEC. 7. UNITED STATES MARITIME TRANSPORTATION SYS-
TEM WORKFORCE DIVERSITY AND INCLU-
SION TASK FORCE. 
Section 55501 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(g) MARITIME TRANSPORTATION SYSTEM DIVER-
SITY AND INCLUSION TASK FORCE.— 
‘‘(1) IN GENERAL.—Not later than 120 days 
after the date of enactment of this subsection, the 
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Secretary of Transportation shall establish within 
the Committee a task force to provide an inter-
agency 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 estab-
lished under this subsection shall share best prac-
tices with the Committee toward enhancing rep-
resentation in the maritime transportation system 
workforce. 
‘‘(3) 
DIVERSITY
AND
INCLUSION
ACTION 
PLAN.—Not later than January 1, 2023, the Sec-
retary of Transportation shall promulgate a Diver-
sity and Inclusion Action Plan for the maritime 
transportation system workforce. Such plan shall es-
tablish measurable parameters to assess recruiting, 
retention, training, and support for women and his-
torically underrepresented racial and ethnic minori-
ties within the United States maritime community.’’. 
Æ 
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