[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