[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5964 Introduced in House (IH)]
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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 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
8 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 time underway onboard a training vessel.
``(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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