Sec. 3513. PROTECTION OF CADETS FROM SEXUAL ASSAULT ONBOARD VESSELS
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## SEC. 3513 PROTECTION OF CADETS FROM SEXUAL ASSAULT ONBOARD VESSELS ###
(a)In General Section 51322 of title 46, United States Code, is amended— ####
(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.” > ; ####
(2)by redesignating subsections
(b)through
(d)as subsections
(e)through (g), respectively; ####
(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.” > ; ####
(4)in subsection (f), as so redesignated, by striking “or the seafarer union” and inserting “and the seafarer union”; and ####
(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.” > . ###
(b)Regulations **[**[46 U.S.C. 51322 note](/us/usc/t46/s51322)**]** ####
(1)In general The Maritime Administrator may prescribe rules necessary to carry out the amendments made by this section. ####
(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 notice and comment requirements of section 553 of title 5, United States Code. All rules prescribed under the authority of the amendments made by this section shall remain in effect until superseded by a final rule. ###
(c)Conforming Amendments ####
(1)Sea year compliance Section 3514 of the National Defense Authorization Act for Fiscal Year 2017 (46 U.S.C. 51318 note) is repealed. ####
(2)Access of academy cadets to dod safe or equivalent helpline Section 3515 of the National Defense Authorization Act for Fiscal Year 2018 (46 U.S.C. 51518 note) is amended by striking subsection
(b)and redesignating subsection
(c)as subsection (b).
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- 46 USC 51518
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Sec. 3513
PROTECTION OF CADETS FROM SEXUAL ASSAULT ONBOARD VESSELS
Cite46 USC 51518
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