§ 51322. Protection of cadets from sexual assault onboard vessels

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. C title XXXV § 3516(a) · 131 Stat. 1283

   Enacted · 46 U.S.C. § 51322

   Added Pub. L. 115–91, div. C, title XXXV, § 3516(a), Dec. 12, 2017, 131 Stat. 1927

   Source evidence

   Code source credit
   Added Pub. L. 115–91, div. C, title XXXV, § 3516(a), Dec. 12, 2017, 131 Stat. 1927

   Enacted provision · exact public law section
   (a) In General.— Chapter 513 of title 46, United States Code, as amended by section 3512 of this title, is further amended by adding at the end the following new section: “§ 51322. Protection of cadets from sexual assault onboard vessels “(a) Riding Gangs.— “(1) Certification of compliance.— 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 certify compliance of the vessel with the International Convention for Safety of Life at Sea, 1974 (32 UST 47) and section 8106 of this title. “(2) Information for cadets.— The Maritime Administrator shall ensure that the Academy informs cadets preparing for Sea Year of the obligations that vessel owners and operators have to provide for the security of individuals aboard a vessel under United States law, including chapter 81 and section 70103(c) of this title. “(b) 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) Removal of students.— If staff of the Academy or staff of the Maritime Administration determine that a commercial vessel is in violation of the sexual assault policy developed by the Academy through a check conducted under paragraph (1), the staff may— “(A) remove any cadet of the Academy from the vessel; and “(B) report the violation to the owner or operator of the vessel. “(c) Maintenance of Sexual Assault Training Records.— 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. “(d) 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.” .

2. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. C title XXXV § 3515(b) · 132 Stat. 1636

   Amended · 46 U.S.C. § 51322(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (b) Passenger Records.— Section 51322(c) of title 46, United States Code, is amended to read as follows: “(c) Maintenance of Sexual Assault Training Records.— 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 any person required to have such training.” .

3. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 § 3513(a)(1) · 136 Stat. 2395

   1. Added · 46 U.S.C. § 51322(a)

      Pub. L. 117–263, § 3513(a)(1), added subsec. (a)

   2. Struck · 46 U.S.C. § 51322(a)

      Pub. L. 117–263, § 3513(a)(1), struck out former subsec. (a) which related to riding gangs

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 117–263, § 3513(a)(1), added subsec. (a) and struck out former subsec. (a) which related to riding gangs.

   Enacted provision · exact public law section
   (1) by striking subsection (a) and inserting the following: “(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. “(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 violence, 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.” ;

4. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 § 3531(g) · 136 Stat. 2395

   Added · 46 U.S.C. § 51322(a)(3)

   Pub. L. 117–263, § 3531(g), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 117–263, § 3531(g), added par. (3).

   Enacted provision · exact public law section
   (g) Shipboard Training.— Section 51322(a) of title 46, United States Code, is amended by adding at the end the following: “(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.” .

5. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 § 3513(a)(1) · 136 Stat. 2395

   Redesignated · 46 U.S.C. § 51322(b)(d)

   Pub. L. 117–263, § 3513(a)(1), added subsecs. (b) to (d). Former subsecs. (b) to (d) redesignated (e) to (g), respectively

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) by striking subsection (a) and inserting the following: “(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. “(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 violence, 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.” ;

6. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 § 3513(a)(2) · 136 Stat. 2395

   Redesignated · 46 U.S.C. § 51322(e)

   Pub. L. 117–263, § 3513(a)(2), redesignated subsec. (b) as (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 117–263, § 3513(a)(2), redesignated subsec. (b) as (e).

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) through (d) as subsections (e) through (g), respectively;

7. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 § 3513(a)(3) · 136 Stat. 2395

   1. Added · 46 U.S.C. § 51322(e)(2); 46 U.S.C. § 51322(e)(3)

      Pub. L. 117–263, § 3513(a)(3), added pars. (2) and (3)

   2. Struck · 46 U.S.C. § 51322(e)(2); 46 U.S.C. § 51322(e)(3)

      Pub. L. 117–263, § 3513(a)(3), struck out former par. (2), which related to removal of students

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (3) in subsection (e), as so redesignated, by striking paragraph (2) and inserting the following new paragraphs: “(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 non-compliance to the owner or operator of the vessel.” ;

8. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 § 3513(a)(2) · 136 Stat. 2395

   1. Redesignated · 46 U.S.C. § 51322(f)

      Pub. L. 117–263, § 3513(a)(2), (4), redesignated subsec. (c) as (f)

   2. Substituted · 46 U.S.C. § 51322(f)

      Pub. L. 117–263, § 3513(a)(2), (4), substituted “and the seafarer union” for “or the seafarer union”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) through (d) as subsections (e) through (g), respectively;

9. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 § 3513(a)(2) · 136 Stat. 2395

   Redesignated · 46 U.S.C. § 51322(g)

   Pub. L. 117–263, § 3513(a)(2), redesignated subsec. (d) as (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 117–263, § 3513(a)(2), redesignated subsec. (d) as (g).

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) through (d) as subsections (e) through (g), respectively;

10. 2022

    James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 3513(a)(5) · 136 Stat. 2395

    Added · 46 U.S.C. § 51322(h); 46 U.S.C. § 51322(i)

    Pub. L. 117–263, § 3513(a)(5), added subsecs. (h) and (i)

    Source evidence

    Code amendment note
    Subsecs. (h), (i). Pub. L. 117–263, § 3513(a)(5), added subsecs. (h) and (i).

    Enacted provision · exact public law section
    (5) by adding at the end the following: “(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.” .

13 of 13 references resolved to an enrolled provision