[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3196 Reported in Senate (RS)]
<DOC>
Calendar No. 597
117th CONGRESS
2d 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, Ms. Collins, Mr. Moran, Mr.
Peters, and Mr. Cardin) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
December 7, 2022
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Improving Protections for
Midshipmen Act''.</DELETED>
<DELETED>SEC. 2. SUSPENSION OR REVOCATION OF MERCHANT MARINER
CREDENTIALS FOR PERPETRATORS OF SEXUAL HARASSMENT OR
SEXUAL ASSAULT.</DELETED>
<DELETED> (a) In General.--Chapter 77 of title 46, United States
Code, is amended--</DELETED>
<DELETED> (1) in section 7701(b), by striking ``section
7703'' and inserting ``section 7703, 7704, or 7704a,'';
and</DELETED>
<DELETED> (2) by inserting after section 7704 the
following:</DELETED>
<DELETED>``Sec. 7704a. Sexual harassment or sexual assault as grounds
for suspension or revocation</DELETED>
<DELETED> ``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--</DELETED>
<DELETED> ``(1) a claim of--</DELETED>
<DELETED> ``(A) sexual harassment as defined in
section 1561(e)(1) of title 10; or</DELETED>
<DELETED> ``(B) sexual assault as described by
section 920 of title 10 (article 120 of the Uniform
Code of Military Justice); and</DELETED>
<DELETED> ``(2) substantiated, meaning that either--
</DELETED>
<DELETED> ``(A) the employer of the accused
determines that it is more likely than not that the
harassment or assault has taken place; or</DELETED>
<DELETED> ``(B) a finding by any Federal, State,
local, or Tribal administrative or legal proceeding
that the harassment or assault has taken
place,</DELETED>
<DELETED>the license, certificate, or document shall be
suspended or revoked.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``7704a. Sexual harassment or sexual assault as grounds for
suspension or revocation.''.
<DELETED>SEC. 3. SUPPORTING THE UNITED STATES MERCHANT MARINE
ACADEMY.</DELETED>
<DELETED> (a) In General.--Chapter 513 of title 46, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 51323. Sexual assault and sexual harassment prevention
information management system</DELETED>
<DELETED> ``(a) Information Management System.--Not later than
January 1, 2023, the Maritime Administrator shall establish an
information management system--</DELETED>
<DELETED> ``(1) to track and maintain--</DELETED>
<DELETED> ``(A) the overall number of sexual assault
or sexual harassment incidents per fiscal year at the
United States Merchant Marine Academy;</DELETED>
<DELETED> ``(B) the location of each such
incident;</DELETED>
<DELETED> ``(C) the names and ranks of the
individuals involved in each such incident;</DELETED>
<DELETED> ``(D) the general nature of each such
incident;</DELETED>
<DELETED> ``(E) the type of inquiry made into each
such incident;</DELETED>
<DELETED> ``(F) a determination as to whether each
such incident is substantiated; and</DELETED>
<DELETED> ``(G) any accountability taken for
misconduct related to the incident; and</DELETED>
<DELETED> ``(2) that is maintained in a secure fashion and
ensures the protection of privacy for any individuals involved
in such incidents.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED>``Sec. 51324. Sexual assault advisory council</DELETED>
<DELETED> ``(a) Establishment.--The Secretary of Transportation
shall establish a Sexual Assault Advisory Council (in this section
referred to as the `Council').</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Council.</DELETED>
<DELETED> ``(g) Sunset.--This section shall cease to be effective on
the date that is 10 years after the date of enactment of this
section.</DELETED>
<DELETED>``Sec. 51325. Diversity and inclusion action plan</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) promulgate and make available a set of
resources to--</DELETED>
<DELETED> ``(A) establish responsibilities for
midshipmen, faculty, and staff of the Academy with
respect to diversity and inclusion;</DELETED>
<DELETED> ``(B) create standards of--</DELETED>
<DELETED> ``(i) training that require
interpersonal dialogue on diversity and
inclusion;</DELETED>
<DELETED> ``(ii) setting behavioral
boundaries with others; and</DELETED>
<DELETED> ``(iii) specific processes for the
reporting and documentation of misconduct
related to hazing, bullying, hate, and
harassment;</DELETED>
<DELETED> ``(C) hold leaders and other individuals
at the Academy accountable for violations of such
standards;</DELETED>
<DELETED> ``(D) equip midshipmen, faculty, and staff
of the Academy with the resources and materials to
promote a diverse and inclusive working environment;
and</DELETED>
<DELETED> ``(E) address how concepts of diversity
and inclusion can be integrated into the curriculum and
training of the Academy;</DELETED>
<DELETED> ``(3) require a biannual survey of midshipmen,
faculty, and staff of the Academy assessing--</DELETED>
<DELETED> ``(A) the inclusiveness of the environment
of the Academy; and</DELETED>
<DELETED> ``(B) the effectiveness of the Plan;
and</DELETED>
<DELETED> ``(4) require an annual survey of faculty and
staff of the Academy assessing the inclusiveness of the
environment of the Sea Year program.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Conforming Amendments.--The chapter analysis for
chapter 513 of title 46, United States Code, is amended by adding at
the end the following:</DELETED>
<DELETED>``51323. Sexual assault and sexual harassment prevention
information management system
<DELETED>``51324. Sexual assault advisory council
<DELETED>``51325. Diversity and inclusion action plan''.
<DELETED> (c) United States Merchant Marine Academy Student Support
Plan.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) address the mental health resources
available to midshipmen, both on-campus and during Sea
Year;</DELETED>
<DELETED> (B) establish a tracking system for
suicidal ideations and suicide attempts;</DELETED>
<DELETED> (C) create an option for midshipmen to
obtain assistance from a professional care provider
virtually; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. SPECIAL VICTIMS COUNSEL.</DELETED>
<DELETED> Section 51319 of title 46, United States Code, is
amended--</DELETED>
<DELETED> (1) by redesignating subsection (c) as subsection
(d);</DELETED>
<DELETED> (2) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 5. CATCH A SERIAL OFFENDER ASSESSMENT.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 6. SHIPBOARD TRAINING.</DELETED>
<DELETED> Section 51322(a) of title 46, United States Code, is
amended by adding at the end the following:</DELETED>
<DELETED> ``(3) Training.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 7. UNITED STATES MARITIME TRANSPORTATION SYSTEM WORKFORCE
DIVERSITY AND INCLUSION TASK FORCE.</DELETED>
<DELETED> Section 55501 of title 46, United States Code, is amended
by adding at the end the following:</DELETED>
<DELETED> ``(g) Maritime Transportation System Diversity and
Inclusion Task Force.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
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 by inserting after section 7704 the following:
``Sec. 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' means--
``(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'
means any of the following:
``(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' means any
form of abuse or contact as defined in chapter 109A of title
18.
``(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 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.--
``(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).
``Sec. 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.
``Sec. 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.
``Sec. 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 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. 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') for the
purpose of providing legal assistance to any cadet of the
Academy who is the victim of an alleged sex-related offense
regarding administrative and criminal proceedings related to
such offense, regardless of whether the report of that offense
is restricted or unrestricted.
``(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.''.
Calendar No. 597
117th CONGRESS
2d Session
S. 3196
_______________________________________________________________________
A BILL
To enhance the policies, procedures, and training for midshipmen at the
United States Merchant Marine Academy, and for other purposes.
_______________________________________________________________________
December 7, 2022
Reported with an amendment