46 USC 51322 Protection of Cadets From Sexual Assault Onboard Vessels

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TITLE 46—SHIPPING

the United States for the benefit of the
United States Merchant Marine Academy
with the highest priority available for liens
and security interests under applicable law;
(C) requires the donor to maintain in an
account with the investment management
firm assets having a total value that is not
less than 130 percent of the amount guaranteed; and
(D) requires the investment management
firm, whenever the value of the account is
less than the value required to be maintained under subparagraph (C), to liquidate
any noncash assets in the account and reinvest the proceeds in Treasury bills issued
under section 3104 of title 31.
(b) ACCEPTANCE AUTHORITY.—Subject to subsection (d), the Maritime Administrator may accept a qualified guarantee from a donor or donors for the completion of a major project for
the benefit of the United States Merchant Marine Academy.
(c) OBLIGATION AUTHORITY.—The amount of a
qualified guarantee accepted under this section
shall be considered as contract authority to provide obligation authority for purposes of Federal
fiscal and contractual requirements. Funds
available for a project for which such a guarantee has been accepted may be obligated and
expended for the project without regard to
whether the total amount of funds and other resources available for the project (not taking
into account the amount of the guarantee) is
sufficient to pay for completion of the project.
(d) NOTICE.—The Maritime Administrator may
not accept a qualified guarantee under this section for the completion of a major project until
30 days after the date on which a report of the
facts concerning the proposed guarantee is submitted to Congress.
(e) PROHIBITION ON COMMINGLING FUNDS.—The
Maritime Administrator may not enter into any
contract or other transaction involving the use
of a qualified guarantee and appropriated funds
in the same contract or transaction.
(Added Pub. L. 115–91, div. C, title XXXV,
§ 3510(a), Dec. 12, 2017, 131 Stat. 1916.)
§ 51321. Grants for scientific and educational research
(a) DEFINED TERM.—In this section, the term
‘‘qualifying research grant’’ is a grant that—
(1) is awarded on a competitive basis by the
Federal Government (except for the Department of Transportation), a State, a corporation, a fund, a foundation, an educational institution, or a similar entity that is organized
and operated primarily for scientific or educational purposes; and
(2) is to be used to carry out a research
project with a scientific or educational purpose.
(b) ACCEPTANCE OF QUALIFYING RESEARCH
GRANTS.—The United States Merchant Marine
Academy may compete for and accept qualifying
research grants if the work under the grant is to
be carried out by a professor or instructor of the
United States Merchant Marine Academy.
(c) ADMINISTRATION OF GRANT FUNDS.—

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(1) ESTABLISHMENT OF ACCOUNT.—The Maritime Administrator shall establish a separate
account for administering funds received from
research grants under this section.
(2) USE OF GRANT FUNDS.—The Superintendent shall use grant funds deposited into
the account established pursuant to paragraph
(1) in accordance with applicable regulations
and the terms and conditions of the respective
grants.
(d) RELATED EXPENSES.—Subject to such limitations as may be provided in appropriations
Acts, appropriations available for the United
States Merchant Marine Academy may be used
to pay expenses incurred by the Academy in applying for, and otherwise pursuing, a qualifying
research grant.
(Added Pub. L. 115–91, div. C, title XXXV,
§ 3512(a), Dec. 12, 2017, 131 Stat. 1918.)
§ 51322. Protection of cadets from sexual assault
onboard vessels
(a) SAFETY CRITERIA.—The Maritime Administrator, after consulting with the Commandant
of the Coast Guard, shall establish—
(1) criteria, to which an owner or operator of
a vessel engaged in commercial service shall
adhere prior to carrying a cadet performing
their Sea Year service from the United States
Merchant Marine Academy, that addresses
prevention of, and response to, sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and
(2) a process for collecting pertinent information from such owners or operators and
verifying their compliance with the criteria.
(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.
(b) MINIMUM STANDARDS.—At a minimum, the
criteria established under subsection (a) shall
require the vessel owners or operators to have
policies that address—
(1) communication between a cadet and an
individual ashore who is trained in responding
to incidents of sexual harassment, dating violence, domestic violence, sexual assault, and
stalking;
(2) the safety and security of cadet staterooms while a cadet is onboard the vessel;
(3) requirements for crew to report complaints or incidents of sexual assault, sexual
harassment, dating violence, domestic vio-

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lence, and stalking consistent with the requirements in section 10104;
(4) the maintenance of records of reports of
sexual harassment, dating violence, domestic
violence, sexual assault, and stalking onboard
a vessel carrying a cadet;
(5) the maintenance of records of sexual harassment, dating violence, domestic violence,
sexual assault, and stalking training as required under subsection (f);
(6) a requirement for the owner or operator
provide each cadet a copy of the policies and
procedures related to sexual harassment, dating violence, domestic violence, sexual assault, and stalking policies that pertain to the
vessel on which they will be employed; and
(7) any other issues the Maritime Administrator determines necessary to ensure the
safety of cadets during Sea Year training.
(c) SELF-CERTIFICATION BY OWNERS OR OPERATORS.—The Maritime Administrator shall require the owner or operator of any commercial
vessel that is carrying a cadet from the United
States Merchant Marine Academy to annually
certify that—
(1) the vessel owner or operator is in compliance with the criteria established under subsection (a); and
(2) the vessel is in compliance with the
International Convention of Safety of Life at
Sea, 1974 (32 UST 47) and sections 8106 and
70103(c).
(d) INFORMATION, TRAINING, AND RESOURCES.—
The Maritime Administrator shall ensure that a
cadet participating in Sea Year—
(1) receives training specific to vessel safety,
including sexual harassment, dating violence,
domestic violence, sexual assault, and stalking prevention and response training, prior to
the cadet boarding a vessel for Sea Year training;
(2) is equipped with an appropriate means of
communication and has been trained on its
use;
(3) has access to a helpline to report incidents of sexual harassment, dating violence,
domestic violence, sexual assault, or stalking
that is monitored by trained personnel; and
(4) is informed of the legal requirements for
vessel owners and operators to provide for the
security of individuals onboard, including requirements under section 70103(c) and chapter
81.
(e) CHECKS OF COMMERCIAL VESSELS.—
(1) REQUIREMENT.—Not less frequently than
biennially, staff of the Academy or staff of the
Maritime Administration shall conduct both
random and targeted unannounced checks of
not less than 10 percent of the commercial vessels that host a cadet from the Academy.
(2) ACCESS TO INFORMATION.—The vessel operator shall make available to staff conducting
a vessel check such information as the Maritime Administrator determines is necessary to
determine whether the vessel is being operated
in compliance with the criteria established
under subsection (a).
(3) REMOVAL OF STUDENTS.—If staff of the
Academy or staff of the Maritime Administration determine that a commercial vessel is not

in compliance with the criteria established
under subsection (a), the staff—
(A) may remove a cadet of the Academy
from the vessel; and
(B) shall report such determination of noncompliance to the owner or operator of the
vessel.
(f) MAINTENANCE OF SEXUAL ASSAULT TRAINING
RECORDS.—The Maritime Administrator shall
require the owner or operator of a commercial
vessel, and the seafarer union for a commercial
vessel, to maintain records of sexual assault
training for any person required to have such
training.
(g) SEA YEAR SURVEY.—
(1) REQUIREMENT.—The Maritime Administrator shall require each cadet from the Academy, upon completion of the cadet’s Sea Year,
to complete a survey regarding the environment and conditions during the Sea Year of
the vessel to which the cadet was assigned.
(2) AVAILABILITY.—The Maritime Administrator shall make available to the public for
each year—
(A) the questions used in the survey required by paragraph (1); and
(B) the aggregated data received from such
surveys.
(h) NONCOMMERCIAL VESSELS.—
(1) IN GENERAL.—A public vessel (as defined
in section 2101) shall not be subject to the requirements of this section.
(2) REQUIREMENTS FOR PARTICIPATION.—The
Maritime Administrator may establish criteria and requirements that the operators of
public vessels shall meet to participate in the
Sea Year program of the United States Merchant Marine Academy that addresses prevention of, and response to, sexual harassment,
dating violence, domestic violence, sexual assault, and stalking.
(i) SHARING OF BEST PRACTICES.—The Maritime Administrator shall share with State maritime academies best practices for, and lessons
learned with respect to, the prevention of, and
response to, sexual harassment, dating violence,
domestic violence, sexual assault, and stalking.
(Added Pub. L. 115–91, div. C, title XXXV,
§ 3516(a), Dec. 12, 2017, 131 Stat. 1927; amended
Pub. L. 115–232, div. C, title XXXV, § 3515(b), Aug.
13, 2018, 132 Stat. 2312; Pub. L. 117–263, div. C,
title XXXV, §§ 3513(a), 3531(g), Dec. 23, 2022, 136
Stat. 3066, 3088.)
Editorial Notes
AMENDMENTS
2022—Subsec. (a). Pub. L. 117–263, § 3513(a)(1), added
subsec. (a) and struck out former subsec. (a) which related to riding gangs.
Subsec. (a)(3). Pub. L. 117–263, § 3531(g), added par. (3).
Subsecs. (b) to (d). Pub. L. 117–263, § 3513(a)(1), added
subsecs. (b) to (d). Former subsecs. (b) to (d) redesignated (e) to (g), respectively.
Subsec. (e). Pub. L. 117–263, § 3513(a)(2), redesignated
subsec. (b) as (e).
Subsec. (e)(2), (3). Pub. L. 117–263, § 3513(a)(3), added
pars. (2) and (3) and struck out former par. (2), which
related to removal of students.
Subsec. (f). Pub. L. 117–263, § 3513(a)(2), (4), redesignated subsec. (c) as (f) and substituted ‘‘and the seafarer union’’ for ‘‘or the seafarer union’’.

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Subsec. (g). Pub. L. 117–263, § 3513(a)(2), redesignated
subsec. (d) as (g).
Subsecs. (h), (i). Pub. L. 117–263, § 3513(a)(5), added
subsecs. (h) and (i).
2018—Subsec. (c). Pub. L. 115–232 amended subsec. (c)
generally. Prior to amendment, text read as follows:
‘‘The Maritime Administrator shall require the owner
or operator of a commercial vessel, or the seafarer
union for a commercial vessel, to maintain records of
sexual assault training for the crew and passengers of
any vessel hosting a cadet from the Academy.’’
Statutory Notes and Related Subsidiaries
REGULATIONS
Pub. L. 117–263, div. C, title XXXV, § 3513(b), Dec. 23,
2022, 136 Stat. 3068, provided that:
‘‘(1) IN GENERAL.—The Maritime Administrator may
prescribe rules necessary to carry out the amendments
made by this section [amending this section and section 51319 of this title and repealing provisions set out
as notes under section 51318 of this title].
‘‘(2) INTERIM RULES.—The Maritime Administrator
may prescribe interim rules necessary to carry out the
amendments made by this section. For this purpose,
the Maritime Administrator in prescribing rules under
paragraph (1) is excepted from compliance with the notice and comment requirements of section 553 of title 5,
United States Code. All rules prescribed under the authority of the amendments made by this section shall
remain in effect until superseded by a final rule.’’

§ 51323. United States Merchant Marine Academy
Advisory Council
(a) ESTABLISHMENT.—The Secretary of Transportation shall establish an advisory council, to
be known as the ‘‘United States Merchant Marine Academy Advisory Council’’ (in this section
referred to as the ‘‘Council’’).
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Secretary shall select
not fewer than 8 and not more than 14 individuals to serve as members of the Council. Such
individuals shall have such expertise as the
Secretary determines necessary and appropriate for providing advice and guidance on
improving the Academy.
(2) GOVERNMENTAL EXPERTS.—The number of
members of the Council who are employees of
the Federal Government may not exceed the
number of members of the Council who are not
employees of the Federal Government.
(3) EMPLOYEE STATUS.—Members of the
Council shall not be considered employees of
the United States Government by reason of
their membership on the Council 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.
(c) RESPONSIBILITIES.—The Council shall provide advice to the Secretary at the time and in
the manner requested by the Secretary.
(d) PERSONALLY IDENTIFIABLE INFORMATION.—
In carrying out its responsibilities under this
subsection, the Council shall comply with the
obligations of the Department of Transportation
to protect personally identifiable information.
(Added Pub. L. 117–81, div. C, title XXXV,
§ 3501(c)(1), Dec. 27, 2021, 135 Stat. 2238.)
§ 51324. Unfilled vacancies
(a) IN GENERAL.—In the event of an unfilled
vacancy for any critical position at the United

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States Merchant Marine Academy, the Secretary of Transportation 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 up to 20 of such positions.
(b) CRITICAL POSITION DEFINED.—In this section, the term ‘‘critical position’’ means a position that contributes to the improvement of—
(1) the culture or infrastructure of the Academy;
(2) student health and well being;
(3) Academy governance; or
(4) any other priority areas identified by the
Council.
(Added Pub. L. 117–81, div. C, title XXXV,
§ 3501(c)(1), Dec. 27, 2021, 135 Stat. 2238.)
§ 51325. 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 within the United States Merchant Marine Academy Sexual Assault prevention and
Response Program, 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
established under paragraph (1) 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 standardized job title or position
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 record of whether each such incident
was substantiated by the relevant investigative process.
(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 Chief Information Officer
of the Department of Transportation shall coordinate to ensure that the information management system under this section shall—
(A) 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; and