Amendments
2018—Subsec. (a)(2)(A). [Pub. L. 115–232, § 3507(a)(1)(A)], inserted “and prevention” after “awareness”.
Subsec. (a)(2)(B), (C). [Pub. L. 115–232, § 3507(a)(1)(B)], (C), added subpar. (B) and redesignated former subpar. (B) as (C). Former subpar. (C) redesignated (E).
Subsec. (a)(2)(D) to (H). [Pub. L. 115–232, § 3507(a)(1)(B)], (D), added subpar. (D) and redesignated former subpars. (C) to (F) as (E) to (H), respectively.
Subsec. (b)(2)(A). [Pub. L. 115–232, § 3507(a)(2)], inserted “and other Academy personnel” after “cadets at the Academy”.
Subsec. (d)(2)(A). [Pub. L. 115–232, § 3507(a)(3)(A)], inserted “, including sexual harassment,” after “sexual assaults, rapes, and other sexual offenses”.
Subsec. (d)(4)(B). [Pub. L. 115–232, § 3507(a)(3)(B)], substituted “Not later than January 15 of each year, the Secretary” for “The Secretary”.
2017—[Pub. L. 115–91, § 3514(d)(1)], substituted “Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking” for “Policy on sexual harassment and sexual assault” in section catchline.
Subsec. (a)(1). [Pub. L. 115–91, § 3514(a)(1)], substituted “harassment, dating violence, domestic violence, sexual assault, and stalking” for “harassment and sexual assault”.
Subsec. (a)(2). [Pub. L. 115–91, § 3514(a)(2)(A)], substituted “harassment, dating violence, domestic violence, sexual assault, and stalking” for “harassment and sexual assault” in introductory provisions.
Subsec. (a)(2)(A). [Pub. L. 115–91, § 3514(a)(2)(B)], inserted “domestic violence, dating violence, stalking,” after “acquaintance rape,”.
Subsec. (a)(2)(B). [Pub. L. 115–91, § 3514(a)(2)(C)(i)], substituted “harassment, dating violence, domestic violence, sexual assault, or stalking,” for “harassment or sexual assault,” in introductory provisions.
Subsec. (a)(2)(B)(i). [Pub. L. 115–91, § 3514(a)(2)(C)(ii)], substituted “harassment, dating violence, domestic violence, sexual assault, or stalking” for “harassment or sexual assault”.
Subsec. (a)(2)(B)(iii). [Pub. L. 115–91, § 3514(a)(2)(C)(iii)], substituted “a criminal sexual offense” for “criminal sexual assault”.
Subsec. (a)(2)(D). [Pub. L. 115–91, § 3514(a)(2)(D)], substituted “harassment, dating violence, domestic violence, sexual assault, or stalking” for “harassment or sexual assault”.
Subsec. (a)(2)(E)(i). [Pub. L. 115–91, § 3514(a)(2)(E)(i)], substituted “harassment, dating violence, domestic violence, sexual assault, or stalking” for “harassment or sexual assault”.
Subsec. (a)(2)(E)(ii). [Pub. L. 115–91, § 3514(a)(2)(E)(ii)], substituted “sexual harassment, dating violence, domestic violence, sexual assault, or stalking” for “sexual assault”.
Subsec. (a)(2)(E)(iii). [Pub. L. 115–91, § 3514(a)(2)(E)(iii)], substituted “harassment, dating violence, domestic violence, sexual assault, or stalking” for “harassment and sexual assault”.
Subsec. (a)(2)(F). [Pub. L. 115–91, § 3514(a)(2)(F)], substituted “harassment, dating violence, domestic violence, sexual assault, or stalking” for “harassment or sexual assault”.
Subsec. (a)(3) to (5). [Pub. L. 115–91, § 3514(a)(3)], (4), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
Subsec. (a)(6). [Pub. L. 115–91, § 3514(a)(5)], added par. (6).
Subsec. (b). [Pub. L. 115–91, § 3514(b)], amended subsec. (b) generally. Prior to amendment, subsec. (b) related to development program and minimum training requirements regarding the prevention of sexual harassment and sexual assault.
Subsecs. (e), (f). [Pub. L. 115–91, § 3514(c)], added subsecs. (e) and (f).
Sea Year Compliance
[Pub. L. 114–328, div. C, title XXXV, § 3514], Dec. 23, 2016, [130 Stat. 2788], as amended by [Pub. L. 115–91, div. C, title XXXV, § 3513], Dec. 12, 2017, [131 Stat. 1919]; [Pub. L. 115–232, div. C, title XXXV, § 3515(a)], Aug. 13, 2018, [132 Stat. 2312]; [Pub. L. 116–92, div. C, title XXXV, § 3516(b)], Dec. 20, 2019, [133 Stat. 1986], which directed the Maritime Administrator to establish criteria for participation in the Sea Year program of the United States Merchant Marine Academy that addresses sexual harassment, sexual assault, and other inappropriate conduct and a process for verifying compliance, was repealed by [Pub. L. 117–263, div. C, title XXXV, § 3513(c)(1)], Dec. 23, 2022, [136 Stat. 3068].
Actions To Address Sexual Harassment and Violence at the United States Merchant Marine Academy
[Pub. L. 110–417, div. C, title XXXV, § 3507], Oct. 14, 2008, [122 Stat. 4765], provided that:“(a)
Required Policy.—
The Secretary of Transportation shall direct the Superintendent of the United States Merchant Marine Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.
“(b)
Matters To Be Specified in Policy.—
The policy on sexual harassment and sexual violence prescribed under this section shall include—
“(1)
a program to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel;
“(2)
procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual violence, including—
“(A)
a specification of the person or persons to whom an alleged occurrence of sexual harassment or sexual violence should be reported by a cadet and the options for confidential reporting;
“(B)
a specification of any other person whom the victim should contact; and
“(C)
procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault;
“(3)
a procedure for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel;
“(4)
any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal 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 allegations of sexual harassment or sexual violence involving 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 administered by the Department, of Academy personnel—
“(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 personnel 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 harassment and sexual violence involving Academy personnel.
“(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 implemented by the Superintendent and the leadership of the Academy in response to sexual harassment 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 Academy personnel.
“(3)
Each report under paragraph (1) for an Academy 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 Academy, each report received by the Superintendent under this subsection, together with the Superintendent’s comments on the report.
“(B)
The Secretary shall transmit each such report, together with the Secretary’s comments on the report, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.”