46 U.S.C. § 51322 — Protection of cadets from sexual assault

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 Page 372 TITLE 46—SHIPPING § 51322 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 harass- ment, dating violence, domestic violence, sex- ual assault, and stalking; and (2) a process for collecting pertinent infor- mation 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 prac- ticable, 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 Adminis- trator 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 vio- lence, domestic violence, sexual assault, and stalking; (2) the safety and security of cadet state- rooms while a cadet is onboard the vessel; (3) requirements for crew to report com- plaints or incidents of sexual assault, sexual harassment, dating violence, domestic vio- lence, and stalking consistent with the re- quirements 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 har- assment, dating violence, domestic violence, sexual assault, and stalking training as re- quired 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, dat- ing violence, domestic violence, sexual as- sault, and stalking policies that pertain to the vessel on which they will be employed; and (7) any other issues the Maritime Adminis- trator determines necessary to ensure the safety of cadets during Sea Year training. (c) SELF-CERTIFICATION BY OWNERS OR OPERA- TORS.—The Maritime Administrator shall re- quire 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 compli- ance with the criteria established under sub- section (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 stalk- ing prevention and response training, prior to the cadet boarding a vessel for Sea Year train- ing; (2) is equipped with an appropriate means of communication and has been trained on its use; (3) has access to a helpline to report inci- dents 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 re- quirements 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 ves- sels that host a cadet from the Academy. (2) ACCESS TO INFORMATION.—The vessel oper- ator shall make available to staff conducting a vessel check such information as the Mari- time 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 Administra- tion 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 non- compliance 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 Adminis- trator shall require each cadet from the Acad- emy, upon completion of the cadet’s Sea Year, to complete a survey regarding the environ- ment and conditions during the Sea Year of the vessel to which the cadet was assigned. (2) AVAILABILITY.—The Maritime Adminis- trator shall make available to the public for each year— (A) the questions used in the survey re- quired by paragraph (1); and (B) the aggregated data received from such surveys. Page 373 TITLE 46—SHIPPING § 51325 (h) NONCOMMERCIAL VESSELS.— (1) IN GENERAL.—A public vessel (as defined in section 2101) shall not be subject to the re- quirements of this section. (2) REQUIREMENTS FOR PARTICIPATION.—The Maritime Administrator may establish cri- teria and requirements that the operators of public vessels shall meet to participate in the Sea Year program of the United States Mer- chant Marine Academy that addresses preven- tion of, and response to, sexual harassment, dating violence, domestic violence, sexual as- sault, and stalking. (i) SHARING OF BEST PRACTICES.—The Mari- time Administrator shall share with State mari- time 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 re- lated 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) redesig- nated (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), redesig- nated subsec. (c) as (f) and substituted ‘‘and the sea- farer union’’ for ‘‘or the seafarer union’’. 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 sec- tion 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 no- tice and comment requirements of section 553 of title 5, United States Code. All rules prescribed under the au- thority 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 Trans- portation shall establish an advisory council, to be known as the ‘‘United States Merchant Ma- rine 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 individ- uals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appro- priate 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 pur- pose 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 pro- vide 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 States Merchant Marine Academy, the Sec- retary of Transportation may appoint, without regard to the provisions of subchapter I of chap- ter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the pur- poses of filling up to 20 of such positions. (b) CRITICAL POSITION DEFINED.—In this sec- tion, the term ‘‘critical position’’ means a posi- tion that contributes to the improvement of— (1) the culture or infrastructure of the Acad- emy; (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 estab- lish within the United States Merchant Ma- rine Academy Sexual Assault prevention and Response Program, an information manage-