46 U.S.C. § 51319 — Sexual assault response coordinators

Page 368 TITLE 46—SHIPPING § 51319 violence involving a cadet or other Academy per- sonnel in rape, acquaintance rape, or any other crimi- nal sexual offense, whether forcible or nonforcible; and ‘‘(5) required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allega- tions of sexual harassment or sexual violence involv- ing Academy personnel. ‘‘(c) ANNUAL ASSESSMENT.— ‘‘(1) The Secretary shall direct the Superintendent to conduct an assessment at the Academy during each Academy program year, to be administered by the Department of Transportation, to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual violence involving Academy personnel. ‘‘(2) For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey, to be ad- ministered by the Department, of Academy per- sonnel— ‘‘(A) to measure— ‘‘(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and ‘‘(ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and ‘‘(B) to assess the perceptions of Academy per- sonnel of— ‘‘(i) the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel; ‘‘(ii) the enforcement of such policies; ‘‘(iii) the incidence of sexual harassment and sexual violence involving Academy personnel; and ‘‘(iv) any other issues relating to sexual harass- ment and sexual violence involving Academy per- sonnel. ‘‘(d) ANNUAL REPORT.— ‘‘(1) The Secretary shall direct the Superintendent of the Academy to submit to the Secretary a report on sexual harassment and sexual violence involving cadets or other personnel at the Academy for each Academy program year. ‘‘(2) Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following: ‘‘(A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during the program year and, of those reported cases, the number that have been substantiated. ‘‘(B) The policies, procedures, and processes im- plemented by the Superintendent and the leader- ship of the Academy in response to sexual harass- ment and sexual violence involving cadets or other Academy personnel during the program year. ‘‘(C) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving cadets or other Acad- emy personnel. ‘‘(3) Each report under paragraph (1) for an Acad- emy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year under subsection (c)(2). ‘‘(4)(A) The Superintendent shall transmit to the Secretary, and to the Board of Visitors of the Acad- emy, each report received by the Superintendent under this subsection, together with the Superintend- ent’s comments on the report. ‘‘(B) The Secretary shall transmit each such report, together with the Secretary’s comments on the re- port, to the Senate Committee on Commerce, Science, and Transportation and the House of Rep- resentatives Committee on Transportation and Infra- structure.’’ § 51319. Sexual assault response coordinators and sexual assault victim advocates (a) SEXUAL ASSAULT RESPONSE COORDINA- TORS.— (1) REQUIREMENT FOR COORDINATORS.—The United States Merchant Marine Academy shall employ or contract with at least 1 full- time sexual assault response coordinator who shall reside at or near the Academy. The Sec- retary of Transportation may assign addi- tional full-time or part-time sexual assault re- sponse coordinators at the Academy as nec- essary. (2) SELECTION CRITERIA.—Each sexual assault response coordinator shall be selected based on— (A) experience and a demonstrated ability to effectively provide victim services related to sexual harassment, dating violence, do- mestic violence, sexual assault, and stalk- ing; and (B) protection of the individual under ap- plicable law to provide privileged commu- nication. (3) CONFIDENTIALITY.—A sexual assault re- sponse coordinator shall, to the extent author- ized under applicable law, provide confidential services to a cadet at the Academy who re- ports being a victim of, or witness to, sexual harassment, dating violence, domestic vio- lence, sexual assault, or stalking. (4) TRAINING.— (A) VERIFICATION.—Not later than 90 days after the date of the enactment of the Na- tional Defense Authorization Act for Fiscal Year 2018, the Maritime Administrator, in consultation with the Director of the Mari- time Administration Office of Civil Rights, shall develop a process to verify that each sexual assault response coordinator has completed proper training. (B) TRAINING REQUIREMENTS.—The training referred to in subparagraph (A) shall include training in— (i) working with victims of sexual har- assment, dating violence, domestic vio- lence, sexual assault, and stalking; (ii) the policies, procedures, and re- sources of the Academy related to respond- ing to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and (iii) national, State, and local victim services and resources available to victims of sexual harassment, dating violence, do- mestic violence, sexual assault, and stalk- ing. (C) COMPLETION OF TRAINING.—A sexual as- sault response coordinator shall complete the training referred to in subparagraphs (A) and (B) not later than— (i) 270 days after enactment of the Na- tional Defense Authorization Act for Fis- cal Year 2018; or (ii) 180 days after starting in the role of sexual assault response coordinator. Page 369 TITLE 46—SHIPPING § 51319 (5) DUTIES.—A sexual assault response coor- dinator shall— (A) confidentially receive a report from a victim of sexual harassment, dating vio- lence, domestic violence, sexual assault, or stalking; (B) inform the victim of— (i) the victim’s rights under applicable law; (ii) options for reporting an incident of sexual harassment, dating violence, do- mestic violence, sexual assault, or stalk- ing to the Academy and law enforcement; (iii) how to access available services, in- cluding emergency medical care, medical forensic or evidentiary examinations, legal services, services provided by rape crisis centers and other victim service providers, services provided by the volunteer sexual assault victim advocates at the Academy, and crisis intervention counseling and on- going counseling; (iv) such coordinator’s ability to assist in arranging access to such services, with the consent of the victim; (v) available accommodations, such as allowing the victim to change living ar- rangements and obtain accessibility serv- ices; (vi) such coordinator’s ability to assist in arranging such accommodations, with the consent of the victim; (vii) the victim’s rights and the Acad- emy’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by the Academy or a criminal, civil, or tribal court; and (viii) privacy limitations under applica- ble law; (C) represent the interests of any cadet at the Academy who reports being a victim of sexual harassment, dating violence, domes- tic violence, sexual assault, or stalking, even if such interests are in conflict with the interests of the Academy; (D) advise the victim of, and provide writ- ten materials regarding, the information de- scribed in subparagraph (B); (E) liaise with appropriate staff at the Academy, with the victim’s consent, to ar- range reasonable accommodations through the Academy to allow the victim to change living arrangements, obtain accessibility services, or access other accommodations; (F) maintain the privacy and confiden- tiality of the victim, and shall not notify the Academy or any other authority of the identity of the victim or the alleged cir- cumstances surrounding the reported inci- dent unless— (i) otherwise required by applicable law; (ii) requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if the information is shared; or (iii) notwithstanding clause (i) or clause (ii), there is risk of imminent harm to other individuals; (G) assist the victim in contacting and re- porting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy or law enforcement, if requested to do so by the victim who has been fully and accurately in- formed about what procedures shall occur if information is shared; and (H) submit to the Director of the Maritime Administration Office of Civil Rights an an- nual report summarizing how the resources supplied to the coordinator were used during the prior year, including the number of vic- tims assisted by the coordinator. (b) OVERSIGHT.— (1) IN GENERAL.— (A) REPORTING.—Each sexual assault re- sponse coordinator shall— (i) report directly to the Superintendent; and (ii) have concurrent reporting responsi- bility to the Executive Director of the Maritime Administration on matters re- lated to the Maritime Administration and the Department of Transportation and upon belief that the Academy leadership is acting inappropriately regarding sexual assault prevention and response matters. (B) SUPPORT.—The Maritime Administra- tion Office of Civil Rights shall provide sup- port to the sexual assault response coordi- nator at the Academy on all sexual harass- ment, dating violence, domestic violence, sexual assault, or stalking prevention mat- ters. (2) PROHIBITION ON INVESTIGATION BY THE ACADEMY.—Any request by a victim for an ac- commodation, as described in subsection (a)(5)(E), made by a sexual assault response co- ordinator shall not trigger an investigation by the Academy, even if such coordinator deals only with matters relating to sexual harass- ment, dating violence, domestic violence, sex- ual assault, or stalking. (3) PROHIBITION ON RETALIATION.—A sexual assault response coordinator, victim advocate, or companion may not be disciplined, penal- ized, or otherwise retaliated against by the Academy for representing the interests of the victim, even if such interests are in conflict with the interests of the Academy. (c) SPECIAL VICTIMS ADVISOR.— (1) IN GENERAL.—The Secretary shall des- ignate an attorney (to be known as the ‘‘Spe- cial Victims Advisor’’) for the purpose of pro- viding 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 offense, regardless of whether the report of that of- fense is restricted or unrestricted. (2) SPECIAL VICTIMS ADVISORY.—The Sec- retary shall ensure that the attorney des- ignated as the Special Victims Advisor has knowledge of the Uniform Code of Military Justice, as well as criminal and civil law. (3) PRIVILEGED COMMUNICATIONS.—Any com- munications between a victim of an alleged sex-related offense and the Special Victim Ad- visor, when acting in their capacity as such, shall have the same protection that applicable 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—