46 USC 51322 – Protection of cadets from sexual assault onboard vessels
(a)
(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.
(3)
(A)
(B)
Terms Used In 46 USC 51322
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- vessel: includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See 1 USC 3
(b)
(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)
(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)
(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.
(e)
(1)
(2)
(3)
(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)
(g)
(1)
(2)
(A) the questions used in the survey required by paragraph (1); and
(B) the aggregated data received from such surveys.
(h)
(1)
(2)
(i)