,,ii #aaeth ,,congress #ast ,session ,s4 #aejf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bi1 #bjag ,mrs4 ,gillibrand introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to improve the handling of instances of sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking at the ,united ,states ,merchant ,marine ,academy1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,merchant ,marine ,academy ,improvement ,act of #bjag4 #b4 ,application of title ,,ix of the ,education ,amendments of #aigb to the ,united ,states ,merchant ,marine ,academy ,section #ija7;a77#d7 of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha7;a77#d77 is amended by striking ,states1 or the merchant marine2 and inserting ,states24 #c4 ,actions to address sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking at the ,united ,states ,merchant ,marine ,academy 7a7 ,required policy ,subsection 7a7 of section #eacah of title #df1 ,united ,states ,code1 as added by section #ceaj of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #acj ,stat4 #bghb71 is amended-- 7#a7 in paragraph 7#a71 by striking harassment and sexual assault and inserting harassment1 dating violence1 domestic violence1 sexual assault1 and stalking2 7#b7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking harassment and sexual assault and inserting harassment1 dating violence1 domestic violence1 sexual assault1 and stalking2 7,b7 in subparagraph 7,a71 by inserting domestic violence1 dating violence1 stalking1 after acquaintance rape12 7,c7 in subparagraph 7,b7-- 7i7 in the matter preceding clause 7i71 by striking harassment or sexual assault1 and inserting harassment1 dating violence1 domestic violence1 sexual assault1 or stalking12 7ii7 in clause 7i71 by striking harassment or sexual assault and inserting harassment1 dating violence1 domestic violence1 sexual assault1 or stalking2 and 7iii7 in clause 7iii71 by striking criminal sexual assault and inserting a criminal sexual offense2 7,d7 in subparagraph 7,d71 by striking harassment or sexual assault and inserting harassment1 dating violence1 domestic violence1 sexual assault1 or stalking2 7,e7 in subparagraph 7,e7-- 7i7 in clause 7i71 by striking harassment or sexual assault and inserting harassment1 dating violence1 domestic violence1 sexual assault1 or stalking2 7ii7 in clause 7ii71 by striking sexual assault and inserting sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking2 and 7iii7 in clause 7iii71 by striking harassment and sexual assault and inserting harassment1 dating violence1 domestic violence1 sexual assault1 or stalking2 and 7,f7 in subparagraph 7,f71 by striking harassment or sexual assault and inserting harassment1 dating violence1 domestic violence1 sexual assault1 or stalking2 7#c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 7#d7 by inserting after paragraph 7#b7 the following3 7#c7 ,minimum training requirements for certain individuals regarding sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking 7,a7 ,requirement ,the ,maritime ,administrator shall develop a mandatory training program at the ,united ,states ,merchant ,marine ,academy for each individual who is involved in implementing the ,academy's student grievance procedures1 including each individual who is responsible for-- 7i7 resolving complaints of reported sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking2 7ii7 resolving complaints of reported violations of the sexual misconduct policy of the ,academy2 or 7iii7 conducting an interview with a victim of sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking4 7,b7 ,consultation ,the ,maritime ,administrator shall develop the training program described in subparagraph 7,a7 in consultation with national1 ,state1 or local sexual assault1 dating violence1 domestic violence1 or stalking victim advocacy1 victim services1 or prevention organizations4 7,c7 ,elements ,the training required by subparagraph 7,a7 shall include the following3 7i7 ,information on working with and interviewing persons subjected to sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking4 7ii7 ,information on particular types of conduct that would constitute sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking1 regardless of gender1 including same-sex sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking4 7iii7 ,information on consent and the effect that drugs or alcohol may have on an individual's ability to consent4 7iv7 ,information on the effects of trauma1 including the neurobiology of trauma4 7v7 ,training regarding the use of trauma-informed interview techniques1 which means asking questions of an individual who has been a victim of sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking in a manner that is focused on the experience of the victim1 does not judge or blame the victim1 and is informed by evidence-based research on the neurobiology of trauma4 7vi7 ,training on cultural awareness regarding how dating violence1 domestic violence1 sexual assault1 or stalking may impact midshipmen differently depending on their cultural background4 7vii7 ,information on sexual assault dynamics1 sexual assault perpetrator behavior1 and barriers to reporting4 7,d7 ,approval ,the training program described in subparagraph 7,a7 shall be approved by the ,director of the ,departmental ,office of ,civil ,rights of the ,department of ,transportation4 7,e7 ,implementation 7i7 ,development and approval schedule ,the training program required by subparagraph 7,a7 shall be developed and approved as required by subparagraph 7,d7 not later than #ij days after the date of the enactment of the ,merchant ,marine ,academy ,improvement ,act of #bjag4 7ii7 ,completion of training ,each individual who is required to complete the training described in subparagraph 7,a7 shall complete such training not later than-- 7,i7 #bgj days after enactment of the ,merchant ,marine ,academy ,improvement ,act of #bjag2 or 7,,ii7 #ahj days after starting a position with responsibilities that include the activities described clause 7i71 7ii71 or 7iii7 of subparagraph 7,a74 2 and 7#e7 by inserting after paragraph 7#e71 as so redesignated1 the following3 7#f7 ,consistency with the ,higher ,education ,act of #aife ,the ,secretary shall ensure that the policy developed under this subsection meets the requirements set out in paragraph 7#h7 of section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77#h774 4 7b7 ,minimum procedures for handling reports of sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking ,subsection 7b7 of section #eacah of title #df1 ,united ,states ,code1 as added by section #ceaj of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #acj ,stat4 #bghb71 is amended to read as follows3 7b7 ,development program 7#a7 ,in general ,the ,secretary shall ensure that the development program of the ,academy includes a section that-- 7,a7 describes the relationship between honor1 respect1 and character development and the prevention of sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking at the ,academy2 7,b7 includes a brief history of the problem of sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking in the merchant marine1 in the ,armed ,forces1 and at the ,academy2 and 7,c7 includes information relating to reporting sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking1 victims' rights1 and dismissal for offenders4 7#b7 ,minimum requirements to combat retaliation 7,a7 ,requirement for plan ,not later than #ij days after the date of the enactment of the ,merchant ,marine ,academy ,improvement ,act of #bjag1 the ,maritime ,administrator shall create and implement a plan to combat retaliation against midshipmen at the ,united ,states ,merchant ,marine ,academy who report sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking4 7,b7 ,violation of code of conduct ,the ,maritime ,administrator shall consider an act of retaliation against a midshipman at the ,academy who reports sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking as a ,class ,i violation of the ,academy's ,midshipman ,regulations and ,sea ,year ,regulations and ,instructions or equivalent code of conduct4 7,c7 ,retaliation definition ,the ,maritime ,administrator shall work with the sexual assault prevention and response staff of the ,academy to define retaliation for purposes of this subsection4 7#c7 ,minimum resource requirements 7,a7 ,in general ,the ,secretary of ,transportation shall provide the staff at the ,united ,states ,merchant ,marine ,academy with adequate and appropriate sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking prevention and response training materials and resources4 ,such resources shall include staff as follows3 7i7 ,sexual assault response coordinator4 7ii7 ,prevention educator4 7iii7 ,administrative staff member4 7iv7 ,strategic ,sealift ,officer4 7,b7 ,communication ,the ,director of the ,office of ,civil ,rights of the ,department of ,transportation shall create and maintain a direct line of communication to the sexual assault response staff of the ,academy that is outside of the chain of command of the ,academy4 7#d7 ,minimum training requirements ,the ,superintendent shall ensure that all cadets receive training on the sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking prevention and response sections of the development program of the ,academy1 as described in paragraph 7#a71 as follows3 7,a7 ,an initial training session1 which shall occur not later than #g days after a cadet's initial arrival at the ,academy4 7,b7 ,additional training sessions1 which shall occur biannually following the cadet's initial training session until the cadet graduates or leaves the ,academy4 4 7c7 ,aggregate reporting ,section #eacah of title #df1 ,united ,states ,code1 as added by section #ceaj of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #acj ,stat4 #bghb71 is amended by adding at the end the following3 7e7 ,data for aggregate reporting 7#a7 ,in general ,no requirement related to confidentiality in this section or section #eacai may be construed to prevent a sexual assault response coordinator from providing information for any report required by law regrading sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking4 7#b7 ,identity protection ,any information provided for a report referred to in paragraph 7#a7 shall be provided in a manner that protects the identity of the victim or witness4 4 7d7 ,definitions ,section #eacah of title #df1 ,united ,states ,code1 as added by section #ceaj of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #acj ,stat4 #bghb71 as amended by subsection 7c71 is further amended by adding at the end the following3 7f7 ,definitions ,in this section and section #eacai3 7#a7 ,dating violence2 domestic violence2 stalking ,the terms dating violence1 domestic violence1 and stalking have the meanings given those terms is section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a774 7#b7 ,sexual assault ,the term sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the ,federal ,bureau of ,investigation4 4 7e7 ,conforming amendments 7#a7 ,heading ,section #eacah of title #df1 ,united ,states ,code1 as added by section #ceaj of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #acj ,stat4 #bghb71 is amended by striking the section heading and inserting the following3 #eacah4 ,policy on sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking 4 7#b7 ,table of sections amendment ,the table of sections for chapter #eac of title #df1 ,united ,states ,code1 as amended by subtitle ,a of title ,,xxxv of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #acj ,stat4 #bggd71 is amended by striking the item relating to section #eacah and inserting the following3 ,sec4 #eacah4 ,policy on sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking4 4 #d4 ,sexual assault response coordinators and sexual assault victim advocate 7a7 ,in general ,section #eacai of title #df1 ,united ,states ,code1 as added by section #ceaa of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #acj ,stat4 #bghe71 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7g72 and 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,sexual assault response coordinators 7#a7 ,requirement for coordinators ,the ,united ,states ,merchant ,marine ,academy shall employ or contract with at least #a full-time sexual assault response coordinator who shall reside at or near the ,academy4 ,the ,secretary of ,transportation may assign additional full-time or part-time sexual assault response coordinators at the ,academy as necessary4 7#b7 ,selection criteria ,each sexual assault response coordinator shall be selected based on-- 7,a7 experience and a demonstrated ability to effectively provide victim services related to sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking2 and 7,b7 protection of the individual under ,state law to provide privileged communication4 7#c7 ,confidentiality ,a sexual assault response coordinator shall1 to the extent authorized under ,state law1 provide confidential services to a midshipman who reports being a victim of1 or witness to1 sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking4 7#d7 ,training 7,a7 ,requirement ,not later than #ij days after the date of the enactment of the ,merchant ,marine ,academy ,improvement ,act of #bjag1 the ,maritime ,administrator shall develop a specialized training program for each sexual assault response coordinator and receive approval for such program from the ,director of the ,departmental ,office of ,civil ,rights of the ,department of ,transportation within #ij days of enactment of this ,act4 7,b7 ,training program requirements ,the specialized training program required by subparagraph 7,a7 shall include training in-- 7i7 working with victims of sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking2 7ii7 the policies1 procedures1 and resources of the ,academy related to responding to sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking2 and 7iii7 national1 ,state1 and local victim services and resources available to victims of sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking4 7,c7 ,approval ,the specialized training program developed under subparagraph 7,a7 shall be approved by the ,director of the ,departmental ,office of ,civil ,rights of the ,department of ,transportation4 7,d7 ,implementation 7i7 ,development and approval schedule ,the specialized training program required by subparagraph 7,a7 shall be developed and approved as required by subparagraph 7,c7 not later than #ij days after the date of the enactment of the ,merchant ,marine ,academy ,improvement ,act of #bjag4 7ii7 ,completion of training ,a sexual assault response coordinator shall complete the specialized training program required by subparagraph 7,a7 not later than-- 7,i7 #bgj days after enactment of the ,merchant ,marine ,academy ,improvement ,act of #bjag2 or 7,,ii7 #ahj days after starting in the role of sexual assault response coordinator4 7#e7 ,duties ,a sexual assault response coordinator shall-- 7,a7 confidentially receive reports from victims of sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking2 7,b7 inform such victims of-- 7i7 their rights under ,federal and ,state law2 7ii7 options for reporting an incident of sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking to the ,academy and law enforcement2 7iii7 how to access available services1 including emergency medical care1 medical forensic or evidentiary examinations1 legal services1 services provided by rape crisis centers and other victim service providers1 services provided by the volunteer sexual assault victim advocates at the ,academy1 and crisis intervention counseling and ongoing counseling2 7iv7 such coordinator's ability to assist in arranging access to such services1 with the consent of the victim2 7v7 available accommodations1 such as allowing a victim to change living arrangements and obtain accessibility services2 7vi7 such coordinator's ability to assist in arranging such accommodations1 with the consent of the victim2 7vii7 the victim's rights and the ,academy's responsibilities regarding orders of protection1 no contact orders1 restraining orders1 or similar lawful orders issued by the ,academy or a criminal1 civil1 or tribal court2 and 7viii7 privacy limitations based on ,federal and ,state law2 7,c7 represent the interests of any midshipmen who reports being a victim of sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking1 even if such interests are in conflict with the interests of the ,academy2 7,d7 advise such victims of1 and provide written materials regarding1 the information described in subparagraph 7,b72 7,e7 liaise with appropriate staff at the ,academy1 with the victim's consent1 to arrange reasonable accommodations through the ,academy to allow a victim to change living arrangements1 obtain accessibility services1 or access other accommodations2 7,f7 maintain the privacy and confidentiality of the victim1 and shall not notify the ,academy or any other authority of the identity of the victim or the alleged circumstances surrounding the reported incident unless-- 7i7 otherwise required by the applicable ,state law2 or 7ii7 requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if the information is shared2 7,g7 assist the victim in contacting and reporting an incident of sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking to the ,academy or law enforcement1 if requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if information is shared2 and 7,h7 submit to the ,director of the ,office of ,civil ,rights of the ,department of ,transportation an annual report summarizing how the resources supplied to the coordinator were used during the prior year1 including the number of victims assisted by the coordinator4 7b7 ,oversight 7#a7 ,in general 7,a7 ,reporting ,each sexual assault response coordinator shall-- 7i7 report directly to the ,superintendent2 and 7ii7 have concurrent reporting responsibility to the ,executive ,director of the ,maritime ,administration on matters related to the ,maritime ,administration and the ,department of ,transportation and upon belief that the ,academy leadership is acting inappropriately regarding sexual assault prevention and response matters4 7,b7 ,support ,the ,maritime ,administration ,office of ,civil ,rights shall provide support to the sexual assault response staff at the ,academy on all sexual assault and sexual harassment prevention matters4 7#b7 ,prohibition on investigation by the ,academy ,any request by a victim for an accommodation1 as described in subsection 7a77#e77;,f71 made by a sexual assault response coordinator shall not trigger an investigation by the ,academy1 even if such coordinator deals only with matters relating to sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking4 7#c7 ,prohibition on retaliation ,a sexual assault response coordinator1 victim advocate1 or companion may not be disciplined1 penalized1 or otherwise retaliated against by the ,academy for representing the interests of the victim1 even if such interests are in conflict with the interests of the ,academy4 7c7 ,support for reporting ,the ,maritime ,administrator shall contract with a third party to make support services available #bd hours a day to midshipmen at the ,united ,states ,merchant ,marine ,academy who are victims of sexual harassment1 dating violence1 domestic violence1 sexual assault1 or stalking4 ,such support shall-- 7#a7 be greater than or equal to the support services offered by the ,department of ,defense ,,safe ,helpline2 and 7#b7 be provided by individuals who are trained regarding the resources that are available to midshipmen that might not be available to the general public4 4 7b7 ,repeal of duplicate requirement ,subsection 7g7 of section #eacai of title #df1 ,united ,states ,code1 as redesignated by subsection 7a77#a71 is amended-- 7#a7 by striking paragraph 7#e72 7#b7 by redesignating paragraph 7#f7 as paragraph 7#e72 and 7#c7 in paragraph 7#e71 as so redesignated1 by striking 7#c71 7#d71 and 7#e7 and inserting 7#c7 and 7#d74 #e4 ,protection of students from sexual assault onboard vessels 7a7 ,in general ,chapter #eac of title #df1 ,united ,states ,code1 as amended by subtitle ,a of title ,,xxxv of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh71 is amended by adding at the end the following new section3 #eacbj4 ,protection of students from sexual assault onboard vessels 7a7 ,provision of individual satellite communication devices during sea year 7#a7 ,in general ,the ,maritime ,administrator shall ensure that each midshipman at the ,united ,states ,merchant ,marine ,academy is provided a functional satellite communication device during the midshipman's ,sea ,year4 7#b7 ,check-in ,not less often than once each week1 each such midshipman shall check-in with designated personnel at the ,academy via the midshipman's personal satellite communication device4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,maritime ,administrator such funds as may be necessary to carry out paragraph 7#a74 7b7 ,riding gangs ,the ,maritime ,administrator shall-- 7#a7 require the owner or operator of any commercial vessel carrying a midshipman of the ,academy to certify their compliance with the ,international ,convention for ,safety of ,life at ,sea1 #aigd1 with annex1 done at ,london ,november #a1 #aigd 7#cb ,,ust #dg71 and section #hajf2 and 7#b7 ensure the ,academy informs midshipmen preparing for ,sea ,year of the obligations that vessel owners and operators have to provide for the security of individuals aboard a vessel under ,united ,states law1 including chapter #ha and section #gjajc7;c74 7c7 ,checks of commercial vessels 7#a7 ,requirement ,not less frequently than once every two years1 the sexual assault prevention and response staff of the ,united ,states ,merchant ,marine ,academy or the ,maritime ,administration shall conduct both random and targeted unannounced checks of not less than #aj percent of the commercial vessels that host a midshipman from the ,academy4 7#b7 ,removal of students ,if such staff determine that such a commercial vessel is in violation of the sexual assault policy developed by the ,academy through such a check1 such staff are authorized to remove any midshipman of the ,academy from the vessel and report any such violation to the company that owns the vessel4 7d7 ,maintenance of sexual assault training records ,the ,maritime ,administrator shall require each company or seafarer union for a commercial vessel to maintain records of sexual assault training for the crew and passengers of any vessel hosting a midshipman from the ,academy4 7e7 ,sea ,year survey 7#a7 ,requirement ,the ,maritime ,administrator shall require each midshipman from the ,academy upon completion of the midshipman's ,sea ,year to complete a survey regarding the environment and conditions on each commercial vessel that hosted the midshipman during the ,sea ,year4 7#b7 ,availability ,the ,maritime ,administrator shall make available to the public for each year-- 7,a7 the questions used in the survey required by paragraph 7#a72 and 7,b7 the aggregated data received from such surveys4 4 7b7 ,table of sections amendment ,the table of sections for chapter #eac of title #df1 ,united ,states ,code1 as amended by subtitle ,a of title ,,xxxv of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh71 is amended by adding at the end the following3 ,sec4 #eacbj4 ,protection of students from sexual assault onboard vessels4 4 #f4 ,training requirement for sexual assault investigators ,the ,secretary of ,transportation shall require each employee of the ,office of ,inspector ,general of the ,department of ,transportation who conducts investigations and who is assigned to the ,regional ,investigations ,office in ,new ,york1 ,new ,york-- 7#a7 to participate in specialized training in conducting sexual assault investigations2 and 7#b7 to attend at least one ,federal ,law ,enforcement ,training ,center 7,,fletc7 sexual assault investigation course each year4