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46 U.S.C. § 51327 — Sexual Assault Advisory Council

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 51327 — Sexual Assault Advisory Council

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Stable record: federal_law:legal_authorities:record_usc_d82eb65410580ea6218712d1
Source file: Laws/federal/codes/united-states-code/title-46/section-51327-sexual-assault-advisory-council--2853715fd4.md
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Source location: Title 46, Chapter 513, § 51327; chapter-513-united-states-merchant-marine-academy.md

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**(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, to the maximum extent practicable, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section51318&num=0&edition=prelim); (ii) the trends and patterns of data contained in the system described under [section 51325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section51325&num=0&edition=prelim); and (iii) 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) 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 (B) review surveys under section 51322(d).11 See References in Text note below. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim). **(f) Nonapplicability of FACA.—** The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to the Council.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 51318 — Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking

**(a) Required Policy.—** (1) **In general.—** — The Secretary of Transportation shall direct the Superintendent of the United States Merchant Marine Academy to prescribe a policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking applicable to the cadets and other personnel of the Academy. (2) **Matters to be specified in policy.—** — The policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking prescribed under this subsection shall include— (A) a program to promote awareness and prevention of the incidence of rape, acquaintance rape, domestic violence, dating violence, stalking, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel; (B) procedures for documenting, tracking, and maintaining the data required to conduct the annual assessments to determine the effectiveness of the policies, procedures, and training program of the Academy with respect to sexual harassment, dating violence, domestic violence, sexual assault, and stalking involving cadets or other Academy personnel, as required by subsection (c); (C) procedures that a cadet or other Academy personnel should follow in the case of an occurrence of sexual harassment, dating violence, domestic violence, sexual assault, or stalking, including— (i) specifying the person or persons to whom an alleged occurrence of sexual harassment, dating violence, domestic violence, sexual assault, or stalking should be reported by the victim and the options for confidential reporting; (ii) specifying any other person whom the victim should contact; and (iii) procedures on the preservation of evidence potentially necessary for proof of a criminal sexual offense; (D) procedures for investig

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 101 — Executive departments

The Executive departments are:

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 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 syste

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 51325

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 51327 — Sexual Assault Advisory Council

Page 375 TITLE 46—SHIPPING § 51327 1 See References in Text note below. (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 Mer- chant Marine Academy, off campus, and while aboard ships during Sea Year or other training opportunities; (2) discuss and propose possible solutions, in- cluding improvements to culture and leader- ship development at the Merchant Marine Academy; and (3) periodically review the efficacy of the program in section 51325(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 as- sist the Advisory Board in carrying out its du- ties, including working groups composed in part of midshipmen at the Merchant Marine Acad- emy who are not current members of the Advi- sory 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. (Added Pub. L. 117–263, div. C, title XXXV, § 3531(a), Dec. 23, 2022, 136 Stat. 3085.) § 51327. Sexual Assault Advisory Council (a) ESTABLISHMENT.—The Secretary of Trans- portation shall establish a Sexual Assault Advi- sory Council (in this section referred to as the ‘‘Council’’). (b) MEMBERSHIP.— (1) IN GENERAL.—The Council shall be com- posed of not fewer than 8 and not more than 14 individuals selected by the Secretary of Trans- portation

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