,,ii #aagth ,,congress #ast ,session ,s4 #caif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #d1 #bjba,mr4 ,wicker 7for himself1 ,mrs4 ,gillibrand1 and ,ms4 ,collins7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to enhance the policies1 procedures1 and training for midshipmen at the ,united ,states ,merchant ,marine ,academy1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,improving ,protections for ,midshipmen ,act4 #b4 ,suspension or revocation of merchant mariner credentials for perpetrators of sexual harassment or sexual assault 7a7 ,in general ,chapter #gg of title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #ggja7;b71 by striking section #ggjc and inserting section #ggjc1 #ggjd1 or #ggjd;a12 and 7#b7 by inserting after section #ggjd the following3 #ggjd;a4 ,sexual harassment or sexual assault as grounds for suspension or revocation ,if it is shown at a hearing under this chapter that a holder of a license1 certificate of registry1 or merchant mariner's document issued under this part1 within #aj years before the beginning of the proceedings1 is the subject of a claim1 that is-- 7#a7 a claim of-- 7,a7 sexual harassment as defined in section #aefa7;e77#a7 of title #aj2 or 7,b7 sexual assault as described by section #ibj of title #aj 7article #abj of the ,uniform ,code of ,military ,justice72 and 7#b7 substantiated1 meaning that either-- 7,a7 the employer of the accused determines that it is more likely than not that the harassment or assault has taken place2 or 7,b7 a finding by any ,federal1 ,state1 local1 or ,tribal administrative or legal proceeding that the harassment or assault has taken place1 the license1 certificate1 or document shall be suspended or revoked4 4 7b7 ,clerical amendment ,the table of sections of chapter #gg of title #df1 ,united ,states ,code1 is amended by inserting after the item relating to section #ggjd the following3 #ggjd;a4 ,sexual harassment or sexual assault as grounds for suspension or revocation4 4 #c4 ,supporting the ,united ,states ,merchant ,marine ,academy 7a7 ,in general ,chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacbc4 ,sexual assault and sexual harassment prevention information management system 7a7 ,information management system ,not later than ,january #a1 #bjbc1 the ,maritime ,administrator shall establish an information management system-- 7#a7 to track and maintain-- 7,a7 the overall number of sexual assault or sexual harassment incidents per fiscal year at the ,united ,states ,merchant ,marine ,academy2 7,b7 the location of each such incident2 7,c7 the names and ranks of the individuals involved in each such incident2 7,d7 the general nature of each such incident2 7,e7 the type of inquiry made into each such incident2 7,f7 a determination as to whether each such incident is substantiated2 and 7,g7 any accountability taken for misconduct related to the incident2 and 7#b7 that is maintained in a secure fashion and ensures the protection of privacy for any individuals involved in such incidents4 7b7 ,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 #eacbb7;d74 #eacbd4 ,sexual assault advisory council 7a7 ,establishment ,the ,secretary of ,transportation shall establish a ,sexual ,assault ,advisory ,council 7in this section referred to as the ,council74 7b7 ,membership ,the ,council shall be composed of not fewer than eight and not more than #ad individuals selected by the ,president who are alumni or current midshipmen of the ,united ,states ,merchant ,marine ,academy 7including midshipmen or alumni who were victims of sexual assault and midshipmen or alumni who were not victims of sexual assault7 and governmental and nongovernmental experts and professionals in the sexual assault field4 ,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 organization4 ,no employee of the ,department of ,transportation shall be a member of the ,council4 ,the number of governmental experts appointed to the ,council shall not exceed the number of nongovernmental experts4 7c7 ,functions2 meetings ,the ,council shall meet not less often than annually to review the policy on sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking under section #eacah1 and such other matters related to sexual assault and sexual harassment the ,council views as appropriate1 to ensure that such policy and such matters conform to the extent practicable to best practices in the sexual assault field4 ,to carry out this subsection1 the ,council may conduct case reviews and have access1 including through interviews1 to current and former midshipmen of the ,united ,states ,merchant ,marine ,academy 7to the extent that such midshipmen provide the ,department of ,transportation express consent to be interviewed by the ,council71 to ,sea ,year surveys under section #eacbc7;b71 to all data collected from restricted reporting1 and to any other information necessary to conduct such case reviews1 except that the ,council may not have access to any personally identifying information associated with such interviews1 surveys1 data1 or information4 7d7 ,reports ,on an annual basis for each of the #e years after the date of enactment of this section1 and at the discretion of the ,council thereafter1 the ,council shall submit1 to the ,president and the ,committee on ,commerce1 ,science1 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 ,representatives1 a report on its findings based on the reviews conducted pursuant to subsection 7c74 7e7 ,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 #egjc of title #e4 7f7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,council4 7g7 ,sunset ,this section shall cease to be effective on the date that is #aj years after the date of enactment of this section4 #eacbe4 ,diversity and inclusion action plan 7a7 ,in general ,not later than ,january #a1 #bjbc1 the ,maritime ,administrator shall promulgate a ,diversity and ,inclusion ,action ,plan for the ,united ,states ,merchant ,marine ,academy 7referred to in this section as the ,plan74 ,the ,plan shall-- 7#a7 increase recruiting efforts in historically underrepresented communities1 including through partnerships with historically black colleges and universities and maritime centers of excellence designated under section #eagjf2 7#b7 promulgate and make available a set of resources to-- 7,a7 establish responsibilities for midshipmen1 faculty1 and staff of the ,academy with respect to diversity and inclusion2 7,b7 create standards of-- 7i7 training that require interpersonal dialogue on diversity and inclusion2 7ii7 setting behavioral boundaries with others2 and 7iii7 specific processes for the reporting and documentation of misconduct related to hazing1 bullying1 hate1 and harassment2 7,c7 hold leaders and other individuals at the ,academy accountable for violations of such standards2 7,d7 equip midshipmen1 faculty1 and staff of the ,academy with the resources and materials to promote a diverse and inclusive working environment2 and 7,e7 address how concepts of diversity and inclusion can be integrated into the curriculum and training of the ,academy2 7#c7 require a biannual survey of midshipmen1 faculty1 and staff of the ,academy assessing-- 7,a7 the inclusiveness of the environment of the ,academy2 and 7,b7 the effectiveness of the ,plan2 and 7#d7 require an annual survey of faculty and staff of the ,academy assessing the inclusiveness of the environment of the ,sea ,year program4 7b7 ,report to ,congress ,not later than #cj days after the date of enactment of this section1 the ,maritime ,administrator shall provide ,congress with a report on the resources necessary to properly implement this section4 4 7b7 ,conforming amendments ,the chapter analysis for chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacbc4 ,sexual assault and sexual harassment prevention information management system#eacbd4 ,sexual assault advisory council#eacbe4 ,diversity and inclusion action plan 4 7c7 ,united ,states ,merchant ,marine ,academy student support plan 7#a7 ,student support plan ,not later than ,january #a1 #bjbc1 the ,maritime ,administrator shall promulgate a ,student ,support ,plan for the ,united ,states ,merchant ,marine ,academy4 ,such plan shall-- 7,a7 address the mental health resources available to midshipmen1 both on-campus and during ,sea ,year2 7,b7 establish a tracking system for suicidal ideations and suicide attempts2 7,c7 create an option for midshipmen to obtain assistance from a professional care provider virtually2 and 7,d7 require an annual survey of faculty and staff assessing the adequacy of mental health resources for midshipmen of the ,academy1 both on campus and during ,sea ,year4 7#b7 ,report to ,congress ,not later than #cj days after the date of enactment of this ,act1 the ,maritime ,administrator shall provide ,congress with a report on the resources necessary to properly implement this subsection4 #d4 ,special victims counsel ,section #eacai of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 7#b7 by inserting after subsection 7b7 the following3 7c7 ,special victims counsel ,the ,secretary shall designate legal counsel 7to be known as ,special ,victims' ,counsel7 for the purpose of providing legal assistance to any cadet of the ,academy who is the victim of an alleged sex-related offense1 regardless of whether the report of that offense is restricted or unrestricted4 2 and 7#c7 by adding at the end the following3 7e7 ,unfilled vacancies ,in the event of an unfilled vacancy for any position under this section1 the ,secretary may appoint1 without regard to the provisions of subchapter ,i of chapter #cc of title #e1 other than sections #ccjc and #ccbh of that title1 a qualified candidate for the purposes of filling such position4 4 #e4 ,catch a ,serial ,offender assessment ,not later than #a year after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard1 in consultation with the ,maritime ,administrator1 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 7a7 of section #eacbc of title #df1 ,united ,states ,code1 and the exit interviews under subsection 7b7 of such section4 #f4 ,shipboard training ,section #eacbb7;a7 of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,training 7,a7 ,in general ,as part of training provided to all midshipmen of the ,academy1 the ,maritime ,administrator shall develop and implement comprehensive in-person sexual assault risk-reduction and response training that1 to the extent practicable1 conforms to best practices in the sexual assault field and includes appropriate scenario-based training4 7,b7 ,development and consultation with experts ,in developing the sexual assault risk-reduction and response training under subparagraph 7,a71 the ,maritime ,administrator shall consult with and incorporate1 as appropriate1 the recommendations and views of experts in the sexual assault field4 4 #g4 ,united ,states maritime transportation system workforce diversity and inclusion task force ,section #eeeja of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,maritime transportation system diversity and inclusion task force 7#a7 ,in general ,not later than #abj days after the date of enactment of this subsection1 the ,secretary of ,transportation shall establish within the ,committee a task force to provide an interagency forum for the identification1 discussion1 and sharing of tools and practices that promote diversity and inclusiveness within the maritime transportation system workforce4 7#b7 ,responsibilities ,the task force established under this subsection shall share best practices with the ,committee toward enhancing representation in the maritime transportation system workforce4 7#c7 ,diversity and inclusion action plan ,not later than ,january #a1 #bjbc1 the ,secretary of ,transportation shall promulgate a ,diversity and ,inclusion ,action ,plan for the maritime transportation system workforce4 ,such plan shall establish measurable parameters to assess recruiting1 retention1 training1 and support for women and historically underrepresented racial and ethnic minorities within the ,united ,states maritime community4 4