II 117th CONGRESS 1st Session S. 3196 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. 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 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: 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. . 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: 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 ). 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. 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. . 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. .