,,ii ,calendar ,no4 #eig #aagth ,,congress #b;d ,session ,s4 #caif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #d1 #bjba,mr4 ,wicker 7for himself1 ,mrs4 ,gillibrand1 ,ms4 ,collins1 ,mr4 ,moran1 ,mr4 ,peters1 and ,mr4 ,cardin7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,december #g1 #bjbb,reported by ,ms4 ,cantwell1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,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 #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 by inserting after section #ggjd the following3 #ggjd;a4 ,sexual harassment or sexual assault as grounds for suspension or revocation 7a7 ,sexual harassment ,subject to subsection 7c77#c71 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 suspension and revocation proceedings1 is the subject of a substantiated claim of sexual harassment1 then the license1 certificate of registry1 or merchant mariner's document shall be suspended or revoked4 7b7 ,sexual assault ,subject to subsection 7c77#c71 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 #bj years before the beginning of the suspension and revocation proceedings1 is the subject of a substantiated claim of sexual assault1 then the license1 certificate of registry1 or merchant mariner's document shall be revoked4 7c7 ,substantiated claim 7#a7 ,in general ,the term substantiated claim means-- 7,a7 a legal proceeding1 or a final agency action in any administrative proceeding1 that determines the individual committed sexual harassment or sexual assault in violation of any ,federal1 ,state1 local1 or ,tribal law or regulation and for which all appeals have been exhausted2 or 7,b7 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 7d71 if the determination affords appropriate due process rights to the subject of the investigation4 7#b7 ,investigation by the ,coast ,guard ,an investigation by the ,coast ,guard under paragraph 7#a77;,b7 shall include evaluation of the following materials that shall be provided to the ,coast ,guard3 7,a7 ,any inquiry or determination made by the employer of the individual as to whether the individual committed sexual harassment or sexual assault4 7,b7 ,upon request from the ,coast ,guard1 any investigative materials1 documents1 records1 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 individual4 7#c7 ,additional review ,a license1 certificate of registry1 or merchant mariner's document shall not be suspended or revoked under subsection 7a7 or 7b7 unless the substantiated claim is reviewed and affirmed1 in accordance with the applicable definition in subsection 7d71 by an administrative law judge at the same suspension or revocation hearing under this chapter described in subsection 7a7 or 7b71 as applicable4 7d7 ,definitions 7#a7 ,sexual harassment ,the term sexual harassment means any of the following3 7,a7 ,conduct that-- 7i7 involves unwelcome sexual advances1 requests for sexual favors1 or deliberate or repeated offensive comments or gestures of a sexual nature1 when-- 7,i7 submission to such conduct is made either explicitly or implicitly a term or condition of a person's job1 pay1 or career2 7,,ii7 submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person2 7,,iii7 such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating1 hostile1 or offensive working environment2 or 7,,iv7 conduct may have been by a person's supervisor1 a supervisor in another area1 a co-worker1 or another credentialed mariner2 and 7ii7 is so severe or pervasive that a reasonable person would perceive1 and the victim does perceive1 the environment as hostile or offensive4 7,b7 ,any use or condonation1 by any person in a supervisory or command position1 of any form of sexual behavior to control1 influence1 or affect the career1 pay1 or job of a subordinate4 7,c7 ,any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any fellow employee of the complainant4 7#b7 ,sexual assault ,the term sexual assault means any form of abuse or contact as defined in chapter #aji;,a of title #ah4 7e7 ,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 section1 consistent with descriptions of sexual harassment and sexual assault addressed in titles #aj and #ah1 to implement this section4 4 7b7 ,clerical amendment ,the chapter analysis 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 7#a7 ,in general ,not later than ,january #a1 #bjbc1 the ,maritime ,administrator shall establish an information management system to track and maintain1 in such a manner that patterns can be reasonably identified1 information regarding claims and incidents involving cadets that are reportable pursuant to subsection 7d7 of section #eacah of this chapter4 7#b7 ,information maintained in the system ,information maintained in the system shall include the following information1 to the extent that information is available3 7,a7 ,the overall number of sexual assault or sexual harassment incidents per fiscal year4 7,b7 ,the location of each such incident1 including vessel name and the name of the company operating the vessel1 if applicable4 7,c7 ,the names and ranks of the individuals involved in each such incident4 7,d7 ,the general nature of each such incident1 to include copies of any associated reports completed on the incidents4 7,e7 ,the type of inquiry made into each such incident4 7,f7 ,a determination as to whether each such incident is substantiated4 7,g7 ,any informal and formal accountability measures taken for misconduct related to the incident1 including decisions on whether to prosecute the case4 7#c7 ,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 possesses1 and shall not be limited to data collected after ,january #a1 #bjbc4 7#d7 ,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 system4 7#e7 ,cybersecurity audit ,ninety days after the implementation of the information management system1 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 ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#f7 ,correcting records ,in establishing the information management system1 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 wrongdoing1 all personally identifiable information about the acquitted individual is removed from that incident report in the system4 7b7 ,sea year program ,the ,maritime ,administrator shall provide for the establishment of in-person and virtual confidential exit interviews1 to be conducted by personnel who are not involved in the assignment of the midshipmen to a ,sea ,year vessel1 for midshipmen from the ,academy upon completion of ,sea ,year and following completion by the midshipmen of the survey under section #eacbb7;d74 #eacbd4 ,student advisory board at the ,united ,states ,merchant ,marine ,academy 7a7 ,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 7referred to in this section as the ,advisory ,board74 7b7 ,membership ,the ,advisory ,board shall be composed of not fewer than #ab midshipmen of the ,merchant ,marine ,academy who are enrolled at the ,merchant ,marine ,academy at the time of the appointment1 including not fewer than #c cadets from each class4 7c7 ,appointment2 term ,midshipmen shall serve on the ,advisory ,board pursuant to appointment by the ,maritime ,administrator4 ,appointments shall be made not later than #fj days after the date of the swearing in of a new class of midshipmen at the ,academy4 ,the term of membership of a midshipman on the ,advisory ,board shall be #a academic year4 7d7 ,reappointment ,the ,maritime ,administrator may reappoint not more than #f 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 ,academy4 7e7 ,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 ,board4 ,the ,advisory ,board shall meet in person with the ,maritime ,administrator not less than #b times each academic year to discuss the activities of the ,advisory ,board4 7f7 ,duties ,the ,advisory ,board shall-- 7#a7 identify health and wellbeing1 diversity1 and sexual assault and harassment challenges and other topics considered important by the ,advisory ,board facing midshipmen at the ,merchant ,marine ,academy1 off campus1 and while aboard ships during ,sea ,year or other training opportunities2 7#b7 discuss and propose possible solutions1 including improvements to culture and leadership development at the ,merchant ,marine ,academy2 and 7#c7 periodically review the efficacy of the program in section #eacbc7;b71 as appropriate1 and provide recommendations to the ,maritime ,administrator for improvement4 7g7 ,working groups ,the ,advisory ,board may establish one or more working groups to assist the ,advisory ,board in carrying out its duties1 including working groups composed in part of midshipmen at the ,merchant ,marine ,academy who are not current members of the ,advisory ,board4 7h7 ,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 duties1 including recommendations for actions to be taken in light of such results4 ,such reports and briefings may be provided in writing1 in person1 or both4 #eacbe4 ,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 7#a7 ,in general ,the ,council shall be composed of not fewer than #h and not more than #ad individuals selected by the ,secretary of ,transportation who are alumni that have graduated within the last #d years 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 7#b7 ,experts included ,the ,council shall include-- 7,a7 not less than #a 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 organization2 and 7,b7 not less than #a member who has prior experience developing or implementing sexual assault or sexual harassment prevention and response policies in an academic setting4 7#c7 ,rules regarding membership ,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 ,duties2 authorized activities 7#a7 ,in general ,the ,council shall meet not less often than semiannually to-- 7,a7 review-- 7i7 the policies on sexual harassment1 dating violence1 domestic violence1 sexual assault1 and stalking under section #eacah of this title2 and 7ii7 related matters the ,council views as appropriate2 and 7,b7 develop recommendations designed to ensure that such policies and such matters conform1 to the extent practicable1 to best practices in the field of sexual assault and sexual harassment response and prevention4 7#b7 ,authorized activities ,to carry out this subsection1 the ,council may-- 7,a7 conduct case reviews1 as appropriate and only with the consent of the victim of sexual assault or harassment2 7,b7 interview 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 ,council72 and 7,c7 review-- 7i7 exit interviews under section #eacbc7;b7 and surveys under section #eacbb7;d72 7ii7 data collected from restricted reporting2 and 7iii7 any other information necessary to conduct such case reviews4 7#c7 ,personally identifiable information ,in carrying out this subsection1 the ,council shall comply with the obligations of the ,department of ,transportation to protect personally identifiable 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 the ,council's findings based on the reviews conducted pursuant to subsection 7c7 and related recommendations4 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 #eacbf4 ,student support ,the ,maritime ,administrator shall-- 7#a7 require a biannual survey of midshipmen1 faculty1 and staff of the ,academy assessing the inclusiveness of the environment of the ,academy2 and 7#b7 require an annual survey of faculty and staff of the ,academy assessing the inclusiveness of the environment of the ,sea ,year program4 4 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 briefing on the resources necessary to properly implement section #eacbf of title #df1 ,united ,states ,code1 as added by this section4 7c7 ,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 system4 #eacbd4 ,student advisory board at the ,united ,states ,merchant ,marine ,academy4 #eacbe4 ,sexual ,assault ,advisory ,council4 #eacbf4 ,student ,support4 4 7d7 ,united ,states ,merchant ,marine ,academy ,student ,support ,plan 7#a7 ,student support plan ,not later than ,january #a1 #bjbc1 the ,maritime ,administrator shall issue a ,student ,support ,plan for the ,united ,states ,merchant ,marine ,academy1 in consultation with relevant mental health professionals in the ,federal ,government or experienced with the maritime industry or related industries4 ,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 attempts of midshipmen2 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 section1 the ,maritime ,administrator shall provide ,congress with a report on the resources necessary to properly implement this subsection4 7e7 ,special victims advisor ,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 ,advisor 7#a7 ,in general ,the ,secretary shall designate an attorney 7to be known as the ,special ,victims ,advisor7 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 offense1 regardless of whether the report of that offense is restricted or unrestricted4 7#b7 ,special victims advisory ,the ,secretary shall ensure that the attorney designated as the ,special ,victims ,advisor has knowledge of the ,uniform ,code of ,military ,justice1 as well as criminal and civil law4 7#c7 ,privileged communications ,any communications between a victim of an alleged sex-related offense and the ,special ,victim ,advisor1 when acting in their capacity as such1 shall have the same protection that applicable law provides for confidential attorney-client communications4 2 and 7#c7 by adding at the end the following3 7e7 ,unfilled vacancies ,the ,administrator of the ,maritime ,administration may appoint qualified candidates to positions under subsections 7a7 and 7d7 of this section without regard to sections #ccji through #ccai of title #e4 4 7f7 ,catch a serial offender assessment 7#a7 ,assessment ,not later than one year after the date of enactment of this section1 the ,commandant of the ,coast ,guard1 in coordination with the ,maritime ,administrator1 shall conduct an assessment of the feasibility and process necessary1 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 7a7 of section #eacbc of title #df1 ,united ,states ,code1 and the exit interviews under subsection 7b7 of such section4 7#b7 ,legislative change proposals ,if1 as a result of the assessment required by paragraph 7#a71 the ,commandant or the ,administrator determines that additional authority is necessary to implement the program described in paragraph 7#a71 the ,commandant or the ,administrator1 as applicable1 shall provide appropriate legislative change proposals to ,congress4 7g7 ,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 that shall be provided not less than semiannually to all midshipmen of the ,academy1 pursuant to section #eacah1 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 prevention and response 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 ,december #g1 #bjbb,reported with an amendment