Title: Improving Protections for Midshipmen Act
Policy area: Transportation and Public Works

Summary:
Improving Protections for Midshipmen Act
This bill addresses sexual harassment and sexual assault at the U.S. Merchant Marine Academy and provides for greater diversity and inclusion at the academy and within the maritime transportation system workforce.
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 the number of sexual assault or sexual harassment incidents every fiscal year at the academy, and (2) implement comprehensive in-person sexual assault risk-reduction and response training for all midshipmen at the academy.
Additionally, the bill designates a Special Victims' Counsel 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.
With respect to diversity and inclusion, DOT shall establish an interagency task force to discuss and share tools and practices that promote diversity and inclusiveness within the maritime transportation system workforce. The Maritime Administration shall promulgate a Diversity and Inclusion Action Plan to increase recruiting efforts in historically underrepresented communities.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3196 Introduced in Senate (IS)]

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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.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. SUSPENSION OR REVOCATION OF MERCHANT MARINER 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 following:
``Sec. 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 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.''.

SEC. 3. SUPPORTING THE UNITED STATES MERCHANT MARINE ACADEMY.

    (a) 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.--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).
``Sec. 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.
``Sec. 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 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 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. 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.

SEC. 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') for the purpose of 
providing legal assistance to any cadet of the Academy who is the 
victim of 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 unfilled vacancy for 
any position under this section, the Secretary 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 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.

SEC. 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.''.

SEC. 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.''.
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