46 U.S.C. § 51320 — Acceptance of guarantees with gifts for

Page 370 TITLE 46—SHIPPING § 51320 law provides for confidential attorney-client communications. (d) VOLUNTEER SEXUAL ASSAULT VICTIM ADVO- CATES.— (1) IN GENERAL.—The Secretary, acting through the Superintendent of the Academy, shall designate from among volunteers 1 or more permanent employees of the Academy to serve as advocates for victims of sexual as- saults involving cadets of the Academy or other Academy personnel. (2) TRAINING; OTHER DUTIES.—Each victim advocate designated under this subsection shall— (A) have or receive training in matters re- lating to sexual assault and the comprehen- sive policy developed under section 51318; and (B) serve as a victim advocate voluntarily, in addition to the individual’s other duties as an employee of the Academy. (3) PRIMARY DUTIES.—While performing the duties of a victim advocate under this sub- section, a designated employee shall— (A) support victims of sexual assault by in- forming them of the rights and resources available to them as victims; (B) identify additional resources to ensure the safety of victims of sexual assault; and (C) connect victims of sexual assault to companions, as described in paragraph (4). (4) COMPANIONS.— (A) IN GENERAL.—At least 1 victim advo- cate designated under this subsection, or a sexual assault response coordinator des- ignated under subsection (a), while per- forming the duties of a victim advocate, shall act as a companion to a victim de- scribed in paragraph (1) in navigating inves- tigative, medical, mental, and emotional health, and recovery processes relating to sexual assault. (B) ALTERNATE VICTIM ADVOCATES.—If re- quested by the victim, an alternate victim advocate shall be designated under this sub- section to act as a companion to the victim, as described in subparagraph (A). (5) FORMAL RELATIONSHIPS WITH OTHER ENTI- TIES.—The Secretary may enter into formal relationships with other entities to make available additional victim advocates or to implement paragraphs (3) and (4). (e) UNFILLED VACANCIES.—The Administrator of the Maritime Administration may appoint qualified candidates to positions under sub- sections (a) and (d) of this section without re- gard to sections 3309 through 3319 of title 5. (Added Pub. L. 114–328, div. C, title XXXV, § 3511(a), Dec. 23, 2016, 130 Stat. 2785; amended Pub. L. 115–91, div. C, title XXXV, § 3515(a), (b) (formerly § 3515(c)), Dec. 12, 2017, 131 Stat. 1924, 1927, § 3515(b) renumbered § 3515(c), Pub. L. 117–263, div. C, title XXXV, § 3513(c)(2), Dec. 22, 2022, 136 Stat. 3068; Pub. L. 117–263, div. C, title XXXV, § 3531(e), Dec. 23, 2022, 136 Stat. 3088.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Defense Authorization Act for Fiscal Year 2018 and enactment of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (a)(4)(A), (C)(i), are the date of enactment of Pub. L. 115–91, which was approved Dec. 12, 2017. AMENDMENTS 2022—Subsecs. (c), (d). Pub. L. 117–263, § 3531(e)(1), (2), added subsec. (c) and redesignated former subsec. (c) as (d). Subsec. (e). Pub. L. 117–263, § 3531(e)(3), added subsec. (e). 2017—Subsecs. (a) to (c). Pub. L. 115–91, § 3515(a), added subsecs. (a) and (b), redesignated former subsec. (b) as (c), and struck out former subsec. (a) which read as fol- lows: ‘‘SEXUAL ASSAULT RESPONSE COORDINATORS.—The United States Merchant Marine Academy shall employ or contract with at least 1 full-time sexual assault re- sponse coordinator who shall reside at or near the Academy. The Secretary of Transportation may assign additional full-time or part-time sexual assault re- sponse coordinators at the Academy as necessary.’’ Subsec. (c)(5), (6). Pub. L. 115–91, § 3515(b), formerly § 3515(c), as renumbered by Pub. L. 117–263, § 3513(c)(2), redesignated par. (6) as (5), substituted ‘‘paragraphs (3) and (4)’’ for ‘‘paragraphs (3), (4), and (5)’’, and struck out former par. (5) which read as follows: ‘‘HOTLINE.— The Secretary shall establish a 24-hour hotline through which the victim of a sexual assault described in para- graph (1) can receive victim support services.’’ § 51320. Acceptance of guarantees with gifts for major projects (a) DEFINITIONS.—In this section: (1) MAJOR PROJECT.—The term ‘‘major project’’ means a project estimated to cost at least $1,000,000 for— (A) the purchase or other procurement of real or personal property; or (B) the construction, renovation, or repair of real or personal property. (2) MAJOR UNITED STATES COMMERCIAL BANK.—The term ‘‘major United States com- mercial bank’’ means a commercial bank that— (A) is an insured bank (as defined in sec- tion 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h))); (B) is headquartered in the United States; and (C) has total net assets of an amount con- sidered by the Maritime Administrator to qualify the bank as a major bank. (3) MAJOR UNITED STATES INVESTMENT MAN- AGEMENT FIRM.—The term ‘‘major United States investment management firm’’ means— (A) any broker or dealer (as such terms are defined in section 3 of the Securities Ex- change Act of 1934 (15 U.S.C. 78c)); (B) any investment adviser or provider of investment supervisory services (as such terms are defined in section 202 of the In- vestment Advisers Act of 1940 (15 U.S.C. 80b–2)); or (C) a major United States commercial bank that— (i) is headquartered in the United States; and (ii) holds for the account of others in- vestment assets in a total amount consid- ered by the Maritime Administrator to qualify the bank as a major investment management firm. (4) QUALIFIED GUARANTEE.—The term ‘‘quali- fied guarantee’’, with respect to a major project, means a guarantee that— Page 371 TITLE 46—SHIPPING § 51322 (A) is made by 1 or more persons in con- nection with a donation for the project of a total amount in cash or securities that the Maritime Administrator determines is suffi- cient to defray a substantial portion of the total cost of the project; (B) is made to facilitate or expedite the completion of the project in reasonable an- ticipation that other donors will contribute sufficient funds or other resources in amounts sufficient to pay for completion of the project; (C) is set forth as a written agreement pro- viding that the donor will furnish in cash or securities, in addition to the donor’s other gift or gifts for the project, any additional amount that may become necessary for pay- ing the cost of completing the project by reason of a failure to obtain from other do- nors or sources funds or other resources in amounts sufficient to pay the cost of com- pleting the project; and (D) is accompanied by— (i) an irrevocable and unconditional standby letter of credit for the benefit of the United States Merchant Marine Acad- emy that is in the amount of the guar- antee and is issued by a major United States commercial bank; or (ii) a qualified account control agree- ment. (5) QUALIFIED ACCOUNT CONTROL AGREE- MENT.—The term ‘‘qualified account control agreement’’, with respect to a guarantee of a donor, means an agreement among the donor, the Maritime Administrator, and a major United States investment management firm that— (A) ensures the availability of sufficient funds or other financial resources to pay the amount guaranteed during the period of the guarantee; (B) provides for the perfection of a secu- rity interest in the assets of the account for 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 guaran- teed; and (D) requires the investment management firm, whenever the value of the account is less than the value required to be main- tained under subparagraph (C), to liquidate any noncash assets in the account and rein- vest the proceeds in Treasury bills issued under section 3104 of title 31. (b) ACCEPTANCE AUTHORITY.—Subject to sub- section (d), the Maritime Administrator may ac- cept a qualified guarantee from a donor or do- nors for the completion of a major project for the benefit of the United States Merchant Ma- rine Academy. (c) OBLIGATION AUTHORITY.—The amount of a qualified guarantee accepted under this section shall be considered as contract authority to pro- vide obligation authority for purposes of Federal fiscal and contractual requirements. Funds available for a project for which such a guar- antee has been accepted may be obligated and expended for the project without regard to whether the total amount of funds and other re- sources 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 sec- tion 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 sub- mitted 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 re- search (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 Depart- ment of Transportation), a State, a corpora- tion, a fund, a foundation, an educational in- stitution, or a similar entity that is organized and operated primarily for scientific or edu- cational purposes; and (2) is to be used to carry out a research project with a scientific or educational pur- pose. (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.— (1) ESTABLISHMENT OF ACCOUNT.—The Mari- time Administrator shall establish a separate account for administering funds received from research grants under this section. (2) USE OF GRANT FUNDS.—The Super- intendent 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 limi- tations 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 ap- plying 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 Adminis- trator, 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