CHAPTER 513—UNITED STATES MERCHANT MARINE ACADEMY

        

Editorial Notes

Amendments

2022—Pub. L. 117–263, div. C, title XXXV, §3531(c), Dec. 23, 2022, 136 Stat. 3087, added items 51325 to 51328.

2021—Pub. L. 117–81, div. C, title XXXV, §3501(c)(2), Dec. 27, 2021, 135 Stat. 2238, added items 51323 and 51324.

2017—Pub. L. 115–91, div. C. title XXXV, §§3510(b), 3512(b), 3514(d)(2), 3516(b), Dec. 12, 2017, 131 Stat. 1918, 1919, 1923, 1928, added items 51318 and 51320 to 51322 and struck out former item 51318 "Policy on sexual harassment and sexual assault".

2016—Pub. L. 114–328, div. C, title XXXV, §§3510(b), 3511(b), Dec. 23, 2016, 130 Stat. 2785, 2786, added items 51318 and 51319.

2011—Pub. L. 111–383, div. A, title X, §1075(d)(25), Jan. 7, 2011, 124 Stat. 4374, amended Pub. L. 111–84, §3503(b)(1). See 2009 Amendment note below.

2009—Pub. L. 111–84, div. C, title XXXV, §3503(b)(1), Oct. 28, 2009, 123 Stat. 2719, as amended by Pub. L. 111–383, div. A, title X, §1075(d)(25), Jan. 7, 2011, 124 Stat. 4374, added item 51317.

2008—Pub. L. 110–417, div. C, title XXXV, §3506(g)(2), (h)(2), Oct. 14, 2008, 122 Stat. 4765, added items 51315 and 51316.

Pub. L. 110–181, div. C, title XXXV, §3523(a)(1), Jan. 28, 2008, 122 Stat. 598, substituted "Navy Reserve" for "Naval Reserve" in item 51311.

§51301. Maintenance of the Academy

(a) In General.—The Secretary of Transportation shall maintain the United States Merchant Marine Academy as an institution of higher education to provide instruction to individuals to prepare them for service in the merchant marine of the United States, to conduct research with respect to maritime-related matters, and to provide such other appropriate academic support, assistance, training, and activities in accordance with the provisions of this chapter as the Secretary may authorize.

(b) Recruitment.—The Secretary of Transportation may, subject to the availability of appropriations, expend funds available for United States Merchant Marine Academy operating expenses for recruiting activities, including advertising, in order to obtain recruits for the Academy and cadet applicants.

(c) Superintendent.—

(1) In general.—The immediate command of the United States Merchant Marine Academy shall be in the Superintendent of the Academy, subject to the direction of the Maritime Administrator under the general supervision of the Secretary of Transportation.

(2) Appointment.—The Secretary of Transportation shall appoint as the Superintendent—

(A) an individual who has—

(i) attained the rank of Captain, Chief Mate, or Chief Engineer in the merchant marine of the United States, or a general or flag officer rank in the Navy, Army, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration; and

(ii) served at sea in any rank;

(B) an individual who has—

(i)(I) served at sea in the merchant marine, Navy, Army, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration; or

(II) held a valid Coast Guard merchant mariner credential; and

(ii) demonstrated exemplary leadership in the education of individuals in the Armed Forces or United States merchant marine; or

(C) if a qualified individual described in subparagraph (A) or (B) does not apply for the position, an individual who has—

(i) attained the grade of captain or above in the merchant marine, Navy, Coast Guard, or National Oceanic and Atmospheric Administration or colonel or above in the Army, Air Force, or Marine Corps; and

(ii) served at sea in any grade.

(3) Rule of construction.—Notwithstanding paragraph (2), the Secretary of Transportation may appoint an individual who is the best qualified candidate, even if such individual does not fully meet the criteria described in paragraph (2).

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1570; Pub. L. 111–383, div. C, title XXXV, §3504, Jan. 7, 2011, 124 Stat. 4518; Pub. L. 112–81, div. C, title XXXV, §3503, Dec. 31, 2011, 125 Stat. 1716; Pub. L. 112–239, div. A, title X, §1076(i), Jan. 2, 2013, 126 Stat. 1955; Pub. L. 114–328, div. C, title XXXV, §3506(a), Dec. 23, 2016, 130 Stat. 2777; Pub. L. 116–283, div. C, title XXXV, §3503(b), Jan. 1, 2021, 134 Stat. 4399.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51301	46 App.:1295b(a).	June 29, 1936, ch. 858, title XIII, §1303(a), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1998.

Editorial Notes

Amendments

2021—Subsec. (c)(2)(A)(i). Pub. L. 116–283, §3503(b)(1), inserted "the rank of Captain, Chief Mate, or Chief Engineer in the merchant marine of the United States, or" after "attained".

Subsec. (c)(2)(B)(i)(I), (C)(i). Pub. L. 116–283, §3503(b)(2), inserted "merchant marine," before "Navy".

2016—Subsec. (c). Pub. L. 114–328 added subsec. (c).

2013—Subsec. (a). Pub. L. 112–239 substituted "In General" for "IN General" in heading.

2011—Pub. L. 112–81 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Pub. L. 111–383 inserted "as an institution of higher education" after "Academy" and substituted "States, to conduct research with respect to maritime-related matters, and to provide such other appropriate academic support, assistance, training, and activities in accordance with the provisions of this chapter as the Secretary may authorize." for "States."

Statutory Notes and Related Subsidiaries

Savings Clause

Pub. L. 114–328, div. C, title XXXV, §3506(b), Dec. 23, 2016, 130 Stat. 2777, provided that: "Nothing in this section [amending this section] may be construed to require any change to the current leadership of the United States Merchant Marine Academy."

United States Merchant Marine Academy and Coast Guard Academy Matters; Maritime Administration Requirements

Pub. L. 118–31, div. C, title XXXV, §3533(a), Dec. 22, 2023, 137 Stat. 828, provided that:

"(a) Training Course on Workings of Congress.—

"(1) In general.—Not later than 180 days after the date of the enactment of this section [Dec. 22, 2023], the Secretary of Transportation, in consultation with the Maritime Administrator, the Superintendent of the United States Merchant Marine Academy, and such other individuals and organizations as the Secretary of Transportation considers appropriate, shall develop a training course on the workings of Congress and offer that training course at least once each year. This course shall be similar in design to the training course required under section 315 of title 14, United States Code, as practicable.

"(2) Course subject matter.—The training course required by paragraph (1) shall provide an overview and introduction to Congress and the Federal legislative process, including—

"(A) the history and structure of Congress and the committee systems of the Senate and the House of Representatives, including the functions and responsibilities of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives;

"(B) the documents produced by Congress, including bills, resolutions, committee reports, and conference reports, and the purposes and functions of those documents;

"(C) the legislative processes and rules of the Senate and the House of Representatives, including similarities and differences between the processes and rules of each chamber, including—

"(i) the congressional budget process;

"(ii) the congressional authorization and appropriations processes;

"(iii) the Senate advice and consent process for Presidential nominees; and

"(iv) the Senate advice and consent process for treaty ratification;

"(D) the roles of Members of Congress and congressional staff in the legislative process; and

"(E) the concept and underlying purposes of congressional oversight within the governance framework of separation of powers of the United States.

"(3) Lecturers and panelists.—

"(A) Outside experts.—The Secretary of Transportation shall ensure that not less than 60 percent of the lecturers, panelists, and other individuals providing education and instruction as part of the training course required by this subsection are bipartisan subject matter experts on Congress and the Federal legislative process who are not employed by the executive branch of the Federal Government.

"(B) Authority to accept pro bono services.—In satisfying the requirement under subparagraph (A), the Secretary of Transportation shall seek, and may accept, educational and instructional services of lecturers, panelists, and other individuals and organizations provided to the Department of Transportation on a pro bono basis.

"(4) Completion of required training.—

"(A) In general.—Not later than 60 days after the date on which the Secretary of Transportation completes the development of the training course described in this section, and annually thereafter while serving in applicable positions, the covered individuals described in subparagraph (B) shall complete the training course described in this subsection.

"(B) Covered individuals.—The covered individuals in this subsection are the following:

"(i) The Administrator of the Maritime Administration and the Deputy Administrator of the Maritime Administration.

"(ii) Any official of the Maritime Administration whose appointment is subject to the advice and consent of the Senate and Maritime Administration employees that are serving in a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code).

"(iii) Any Maritime Administration employees whose duties consist of engagement with congressional, governmental, or public affairs, who are appointed or assigned to a billet in the National Capital Region on the date on which the Secretary of Transportation completes the development of the training course described in this section.

"(iv) The Superintendent, Deputy Superintendent, Provost, Commandant of Midshipmen, Counsel, and Director of Public Affairs of the United States Merchant Marine Academy.

"(C) New officials and employees.—Any Maritime Administration official or employee or United States Merchant Marine Academy official or employee who is a covered individual described in subparagraph (B) who is newly appointed, newly employed in the National Capital Region, or newly employed by the United States Merchant Marine Academy after the date on which the Secretary of Transportation completes the development of the training course described in this subsection, shall complete a training course that meets the requirements of this subsection not later than 60 days after reporting for duty, and annually thereafter, while serving in applicable positions.

"(b) Government Accountability Office Report on Maritime Administration Staffing Requirements.—

"(1) In general.—Not later than six months after the date of the enactment of this Act [Dec. 22, 2023], the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report that includes an analysis of the staffing requirements for effectively executing the mission of the Maritime Administration and an identification of any existing gaps that could impede its operations.

"(2) Contents.—The report under paragraph (1) shall include—

"(A) an evaluation of the personnel requirements for the successful execution of the mission of the Maritime Administration, including such requirements for—

"(i) those offices that deal with infrastructure, shipbuilding, or student safety;

"(ii) those offices that have significant delays in meeting constituent needs, including offices involved in the processing of permits and grants, or which preform a communication or outreach function to the public, constituents, or Congress (including the Office of Public Affairs of the Maritime Administration);

"(iii) the United States Merchant Marine Academy; and

"(iv) other activities carried out by the Maritime Administration;

"(B) a thorough analysis of any deficiencies or inadequacies in staffing levels, at the time the report is submitted, that could hinder the efficient functioning of the Maritime Administration; and

"(C) recommendations for integrating the findings of the report into the policies and planning processes of the Maritime Administration, with the aim of addressing the identified gaps and enhancing the overall effectiveness of the Maritime Administration.

"(c) Coast Guard Academy Improvement Briefing.—Not later than 30 days after the date of the enactment of this Act [Dec. 22, 2023], the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on—

"(1) a plan, which shall include timelines and cost estimates, to—

"(A) remediate asbestos, lead, and mold from the Chase Hall of the Coast Guard Academy;

"(B) house not more than two students to a room in Chase Hall; and

"(C) upgrade electric outlet availability and storage space in student rooms at Chase Hall; and

"(2) the increased student housing capacity necessary to allow the Coast Guard to put through sufficient officers to eliminate the current portion of the officer shortfall due to space constraints at the Coast Guard Academy, including the Officer Candidate School and direct Commission Officer Program housed at the Academy."

Reports on Matters Relating to the United States Merchant Marine Academy

Pub. L. 117–263, div. C, title XXXV, §3515, Dec. 23, 2022, 136 Stat. 3069, provided that:

"(a) Report on Implementation of NAPA Recommendations.—

"(1) In general.—In accordance with paragraph (3), the Secretary of Transportation shall submit to the appropriate congressional committees reports on the status of the implementation of the recommendations specified in paragraph (4).

"(2) Elements.—Each report under paragraph (1) shall include the following:

"(A) A description of the status of the implementation of each recommendation specified in paragraph (4), including whether the Secretary—

"(i) concurs with the recommendation;

"(ii) partially concurs with the recommendation;

"(iii) does not concur with the recommendation; or

"(iv) determines the recommendation is not applicable to the Department of Transportation.

"(B) An explanation of—

"(i) with respect to a recommendation with which the Secretary concurs, the actions the Secretary intends to take to implement such recommendation, including—

     "(I) any rules, regulations, policies, or other guidance that have been issued, revised, changed, or cancelled as a result of the implementation of the recommendation; and

     "(II) any impediments to the implementation of the recommendation;

"(ii) with respect to a recommendation with which the Secretary partially concurs, the actions the Secretary intends to take to implement the portion of such recommendation with which the Secretary concurs, including—

     "(I) intermediate actions, milestone dates, and the expected completion date for the implementation of the portion of the recommendation; and

     "(II) any rules, regulations, policies, or other guidance that are expected to be issued, revised, changed, or cancelled as a result of the implementation of the portion of the recommendation;

"(iii) with respect to a recommendation with which the Secretary does not concur, an explanation of why the Secretary does not concur with such recommendation;

"(iv) with respect to a recommendation that the Secretary determines is not applicable to the Department of Transportation, an explanation of the reasons for the determination; and

"(v) any statutory changes that may be necessary—

     "(I) to fully implement the recommendations specified in paragraph (4) with which the Secretary concurs; or

     "(II) to partially implement the recommendations specified in such paragraph with which the Secretary partially concurs.

"(C) A visual depiction of the status of the completion of the recommendations specified in paragraph (4).

"(3) Timing of reports.—The Secretary of Transportation shall submit an initial report under paragraph (1) not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022]. Following the submittal of the initial report, the Secretary shall submit updated versions of the report not less frequently than once every 180 days until the date on which the Secretary submits to the appropriate congressional committees a certification that each recommendation specified in paragraph (4)—

"(A) with which the Secretary concurs—

"(i) has been fully implemented; or

"(ii) cannot be fully implemented, including an explanation of why; and

"(B) with which the Secretary partially concurs—

"(i) has been partially implemented; or

"(ii) cannot be partially implemented, including an explanation of why.

"(4) Recommendations specified.—The recommendations specified in this paragraph are the recommendations set forth in the report prepared by a panel of the National Academy of Public Administration pursuant to section 3513 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1979) titled 'Organizational Assessment of the U.S. Merchant Marine Academy: A Path Forward', dated November 2021.

"(b) Report on Implementation of Policy Relating to Sexual Harassment and Other Matters.—Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall submit to the appropriate congressional committees a report on the status of the implementation of the policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking at the United States Merchant Marine Academy, as required under section 51318 of title 46, United States Code.

"(c) Inspector General Audit.—

"(1) In general.—Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Transportation shall initiate an audit of the actions taken by the Maritime Administration to address only the following recommendations identified by a National Academy of Public Administration panel in the November 2021 report titled 'Organizational Assessment of the United States Merchant Marine Academy: A Path Forward':

"(A) Recommendations 4.1 through 4.3.

"(B) Recommendations 4.7 through 4.11.

"(C) Recommendations 5.1 through 5.4.

"(D) Recommendations 5.6, 5.7, 5.11, 5.14, 5.15, 5.16, 6.6, and 6.7.

"(E) Recommendations 6.1 through 6.4.

"(2) Report.—After the completion of the audit required under paragraph (1), the Inspector General shall submit to the appropriate congressional committees, and make publicly available, a report containing the results of the audit.

"(d) Implementation of Recommendations From the National Academy of Public Administration.—

"(1) Agreement for study by national academy of public administration.—

"(A) In general.—Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation shall seek to enter into an agreement with the National Academy of Public Administration (referred to in this section as the 'Academy') under which the Academy shall provide support for—

"(i) prioritizing and addressing the recommendations referred to subsection (c)(1) and establishing a process for prioritizing other recommendations in the future;

"(ii) the development of—

     "(I) long-term processes and a timeframe for long-term process improvements; and

     "(II) corrective actions and best practice criteria that can be implemented in the medium- and near-term;

"(iii) the establishment of a clear assignment of responsibility for the implementation of each recommendation referred to in subsection (c)(1), and a strategy for assigning other recommendations in the future; and

"(iv) a performance measurement system, including data collection and tracking and evaluating progress toward goals of the Merchant Marine Academy.

"(B) Report of progress.—Not later than one year after the date of an agreement entered into pursuant to subparagraph (A), the Secretary of Transportation, in consultation with the Administrator of the Merchant Marine Academy, shall submit to the Maritime Administrator and the appropriate congressional committees a report on the progress made in implementing the recommendations referred to in subsection (c)(1).

"(2) Prioritization and implementation plan.—

"(A) In general.—Not later than one year after the date of enactment of this Act, the Maritime Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives a prioritization and implementation plan to assess, prioritize, and address the recommendations identified by the National Academy of Public Administration panel in the November 2021 report titled 'Organizational Assessment of the United States Merchant Marine Academy: A Path Forward' that Superintendent of the Merchant Marine Academy determines are relevant to the Maritime Administration, including the recommendations referred to in subsection (c)(1). The prioritization and implementation plan shall—

"(i) be developed using the strategies, processes, and systems developed pursuant to an agreement entered into under paragraph (1);

"(ii) include estimated timelines and cost estimates for the implementation of priority goals;

"(iii) include summaries of stakeholder and interagency engagement used to assess goals and timelines;

"(iv) with respect to any recommendation the Superintendent determines is not relevant to the Maritime Administration, include an explanation for the determination; and

"(v) submitted to the Inspector General of the Department of Transportation and the appropriate congressional committees and made publicly available.

"(B) Audit and report.—The Inspector General of the Department of Transportation shall—

"(i) not later than 180 days after the date on which the prioritization and implementation plan described in subparagraph (A) is made publicly available, initiate an audit of the actions taken by the Maritime Administration to address such plan;

"(ii) monitor the actions taken by the Maritime Administration to implement recommendations contained in the audit required under clause (i) and in prior audits of the Maritime Administration's implementation of National Academy of Public Administration recommendations and periodically initiate subsequent audits of the continued actions taken by the Maritime Administration to address the prioritization and implementation plan, as the Inspector General determines necessary; and

"(iii) after the completion of the audit required under clause (i), submit to the Administrator of the Maritime Administration and the appropriate congressional committees, and make publicly available, a report containing the results of the audit.

"(C) Report of progress.—Not later than 180 days after the date on which the report required under clause (ii) is made publicly available, and annually thereafter, the Administrator of the Maritime Administration shall submit to the Inspector General of the Department of Transportation and the appropriate congressional committees a report that includes a description of—

"(i) the actions planned to be taken by the Maritime Administration, and estimated timeframes, to implement any open or unresolved recommendation—

     "(I) included in the report of the Inspector General required under subsection (B)(iii); or

     "(II) referred to in subsection (c)(1); and

"(ii) an identification of any recommendation referred to in clause (i) for which the Maritime Administration failed to meet a target action date, or for which the Maritime Administration requested an extension of time, and the reasons why such an extension was necessary.

"(3) Agreement for plan on capital improvements.—Not later than 90 days after the date of the enactment of this Act, the Maritime Administrator shall seek to enter into an agreement with a Federal construction agent for the development of a plan to execute capital improvements at the United States Merchant Marine Academy.

"(e) Appropriate Congressional Committees.—In this section, the term 'appropriate congressional committees' means—

"(1) the Committee on Commerce, Science, and Transportation of the Senate;

"(2) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate;

"(3) the Committee on Transportation and Infrastructure of the House of Representatives;

"(4) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives; and

"(5) the Committee on Armed Services of the House of Representatives."

Concurrent Jurisdiction

Pub. L. 115–232, div. C, title XXXV, §3506, Aug. 13, 2018, 132 Stat. 2309, provided that: "Notwithstanding any other law, the Secretary of Transportation may relinquish, at the Secretary's discretion, to the State of New York, such measure of legislative jurisdiction over the lands constituting the United States Merchant Marine Academy in King's Point, New York, as is necessary to establish concurrent jurisdiction between the Federal Government and the State of New York. Such partial relinquishment of legislative jurisdiction shall be accomplished—

"(1) by filing with the Governor of New York a notice of relinquishment to take effect upon acceptance thereof; or

"(2) as the laws of that State may provide."

Class Profiles

Pub. L. 114–328, div. C, title XXXV, §3516(b), Dec. 23, 2016, 130 Stat. 2789, provided that:

"(1) In general.—Not later than August 31 of each year, the Superintendent of the United States Merchant Marine Academy shall post on the Academy's public website a profile of each class at the Academy.

"(2) Contents.—Each profile posted under paragraph (1) shall include, for the incoming class of the Academy and for the 4 classes that preceded that class at the Academy, the number and percentage of students by—

"(A) State;

"(B) country;

"(C) gender;

"(D) race and ethnicity; and

"(E) prior military service."

§51302. Nomination and competitive appointment of cadets

(a) Requirements.—An individual may be nominated for a competitive appointment as a cadet at the United States Merchant Marine Academy only if the individual—

(1) is a citizen or national of the United States; and

(2) meets the minimum requirements that the Secretary of Transportation shall establish.

(b) Nominators.—Nominations for competitive appointments for the positions allocated under subsection (c) may be made as follows:

(1) A Senator may nominate residents of the State represented by that Senator.

(2) A Member of the House of Representatives may nominate residents of the State in which the congressional district represented by that Member is located.

(3) A Delegate to the House of Representatives from the District of Columbia, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa may nominate residents of the jurisdiction represented by that Delegate.

(4) The Resident Commissioner to the United States from Puerto Rico may nominate residents of Puerto Rico.

(5) The Panama Canal Commission may nominate—

(A) residents, or sons or daughters of residents, of an area or installation in Panama and made available to the United States under the Panama Canal Treaty of 1977, the agreements relating to and implementing that Treaty, signed September 7, 1977, and the Agreement Between the United States of America and the Republic of Panama Concerning Air Traffic Control and Related Services, concluded January 8, 1979; and

(B) sons or daughters of personnel of the United States Government and the Panama Canal Commission residing in Panama.

(c) Allocation of Positions.—Positions for competitive appointments shall be allocated each year as follows:

(1) Positions shall be allocated for residents of each State nominated by the Members of Congress from that State in proportion to the representation in Congress from that State.

(2) Four positions shall be allocated for residents of the District of Columbia nominated by the Delegate to the House of Representatives from the District of Columbia.

(3) One position each shall be allocated for residents of the Virgin Islands, Guam, and American Samoa nominated by the Delegates to the House of Representatives from the Virgin Islands, Guam, and American Samoa, respectively.

(4) One position shall be allocated for a resident of Puerto Rico nominated by the Resident Commissioner to the United States from Puerto Rico.

(5) One position shall be allocated for a resident of the Northern Mariana Islands nominated by the Governor of the Northern Mariana Islands.

(6) Two positions shall be allocated for individuals nominated by the Panama Canal Commission.

(d) Competitive System for Appointment.—

(1) Establishment of system.—The Secretary shall establish a competitive system for selecting individuals nominated under subsection (b) to fill the positions allocated under subsection (c). The system must determine the relative merit of each individual based on competitive examinations, an assessment of the individual's academic background, and other effective indicators of motivation and probability of successful completion of training at the Academy.

(2) Appointments by jurisdiction.—The Secretary shall appoint individuals to fill the positions allocated under subsection (c) for each jurisdiction in the order of merit of the individuals nominated from that jurisdiction.

(3) Remaining unfilled positions.—If positions remain unfilled after the appointments are made under paragraph (2), the Secretary shall appoint individuals to fill the positions in the order of merit of the remaining individuals nominated from all jurisdictions.

(e) Congressional Notification in Advance of Appointments.—When a nominee of a Senator, Representative, or Delegate is selected for appointment as a cadet, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1570; Pub. L. 111–383, div. C, title XXXV, §3503, Jan. 7, 2011, 124 Stat. 4518; Pub. L. 114–328, div. A, title V, §566(d), Dec. 23, 2016, 130 Stat. 2139.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51302(a)	46 App.:1295b(b) (1)(A).	June 29, 1936, ch. 858, title XIII, §1303(b)(1)–(3)(A), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1998; Pub. L. 101–595, title VII, §708(1), (2), Nov. 16, 1990, 104 Stat. 2995.
	46 App.:1295b(b)(2) (A) (related to nominations).
51302(b)	46 App.:1295b(b)(1) (less cl. (A)).
	46 App.:1295b(b)(3) (A)(ii) (related to who may be nominated).
51302(c)	46 App.:1295b(b)(3) (A) (less (ii) (related to who may be nominated)).
51302(d)	46 App.:1295b(b)(2) (A) (related to selection), (B), (3)(B), (C).

In subsection (b)(6)(A), the words "residents, or sons or daughters of residents, of an area or installation" are substituted for "a resident of the area or installation" in 46 App. U.S.C. 1295b(b)(1)(B) and "sons or daughters of residents of any area or installation" in 46 App. U.S.C. 1295b(b)(3)(A)(ii) to resolve an inconsistency in the source law and to conform to the probable intent of Congress. Although 46 App. U.S.C. 1295b(b)(1)(B) provides that a nominee must be a resident, 46 App. U.S.C. 1295b(b)(3)(A)(ii) allocates positions only for sons or daughters of residents.

Editorial Notes

Amendments

2016—Subsec. (e). Pub. L. 114–328 added subsec. (e).

2011—Subsec. (b)(3). Pub. L. 111–383, §3503(1), inserted "the Northern Mariana Islands," after "Guam,".

Subsec. (b)(5), (6). Pub. L. 111–383, §3503(2), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: "The Governor of the Northern Mariana Islands may nominate residents of the Northern Mariana Islands."

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 applicable with respect to the appointment of cadets and midshipmen to the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Merchant Marine Academy for classes entering these service academies after Jan. 1, 2018, see section 566(e) of Pub. L. 114–328, set out as a note under section 7442 of Title 10, Armed Forces.

§51303. Non-competitive appointments

(a) In General.—The Secretary of Transportation may appoint each year without competition as cadets at the United States Merchant Marine Academy not more than 50 qualified individuals with qualities the Secretary considers to be of special value to the Academy. In making these appointments, the Secretary shall try to achieve a national demographic balance at the Academy.

(b) Appointment of Candidates Selected for Preparatory School Sponsorship.—The Secretary of Transportation may appoint each year as cadets at the United States Merchant Marine Academy not more than 40 qualified individuals sponsored by the Academy to attend preparatory school during the academic year prior to entrance in the Academy, and who have successfully met the terms and conditions of sponsorship set by the Academy.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1572; Pub. L. 114–328, div. C, title XXXV, §3516(a), Dec. 23, 2016, 130 Stat. 2789; Pub. L. 116–92, div. C, title XXXV, §3504, Dec. 20, 2019, 133 Stat. 1970.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51303	46 App.:1295b(b) (3)(D).	June 29, 1936, ch. 858, title XIII, §1303(b)(3)(D), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1999.

Editorial Notes

Amendments

2019—Pub. L. 116–92 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

2016—Pub. L. 114–328 substituted "50" for "40".

§51304. Additional appointments from particular areas

(a) Other Countries in Western Hemisphere.—The President may appoint individuals from countries in the Western Hemisphere other than the United States to receive instruction at the United States Merchant Marine Academy. Not more than 12 individuals may receive instruction under this subsection at the same time, and not more than 2 individuals from the same country may receive instruction under this subsection at the same time.

(b) Other Countries Generally.—

(1) Appointment.—The Secretary of Transportation, with the approval of the Secretary of State, may appoint individuals from countries other than the United States to receive instruction at the Academy. Not more than 30 individuals may receive instruction under this subsection at the same time.

(2) Reimbursement.—The Secretary of Transportation shall ensure that the country from which an individual comes under this subsection will reimburse the Secretary for the cost (as determined by the Secretary) of the instruction and allowances received by the individual.

(c) Panama.—

(1) Appointment.—The Secretary of Transportation, with the approval of the Secretary of State, may appoint individuals from Panama to receive instruction at the Academy. Individuals appointed under this subsection are in addition to those appointed under any other provision of this chapter.

(2) Reimbursement.—The Secretary of Transportation shall be reimbursed for the cost (as determined by the Secretary) of the instruction and allowances received by an individual appointed under this subsection.

(d) Allowances and Regulations.—Individuals receiving instruction under this section are entitled to the same allowances and are subject to the same regulations on admission, attendance, discipline, resignation, discharge, dismissal, and graduation, as cadets at the Academy appointed from the United States.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1572.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51304(a)	46 App.:1295b(b) (5)(A), (B).	June 29, 1936, ch. 858, title XIII, §1303(b)(5)–(7), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1999; Pub. L. 99–368, §5, Aug. 1, 1986, 100 Stat. 776; Pub. L. 101–595, title VII, §708(3), Nov. 16, 1990, 104 Stat. 2995.
51304(b)	46 App.:1295b(b) (6)(A)–(C).
51304(c)	46 App.:1295b(b) (7)(A), (B).
51304(d)	46 App.:1295b(b) (5)(C), (6)(D), (7)(C).

The word "appoint" is substituted for "designate" and "permit" for consistency in the chapter.

§51305. Prohibited basis for appointment

Preference may not be given to an individual for appointment as a cadet at the United States Merchant Marine Academy because one or more members of the individual's immediate family are alumni of the Academy.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1572.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51305	46 App.:1295b(b) (3)(E).	June 29, 1936, ch. 858, title XIII, §1303(b)(3)(E), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1999.

§51306. Cadet commitment agreements

(a) Agreement Requirements.—A citizen of the United States appointed as a cadet at the United States Merchant Marine Academy shall sign, as a condition of the appointment, an agreement to—

(1) complete the course of instruction at the Academy;

(2) obtain a merchant mariner license, unlimited as to horsepower or tonnage, issued by the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation, before graduation from the Academy;

(3) for at least 6 years after graduation from the Academy, maintain—

(A) a valid merchant mariner license, unlimited as to horsepower or tonnage, issued by the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation;

(B) a valid transportation worker identification credential; and

(C) a Coast Guard medical certificate;

(4) apply for, and accept if tendered, an appointment as a commissioned officer in the Navy Reserve (including the Strategic Sealift Officer Program, Navy Reserve), the Coast Guard Reserve, or any other reserve component of an armed force of the United States, and, if tendered the appointment, to serve, meet the participation requirements, and maintain active status in good standing, as determined by the program manager of the appropriate military service, for at least 8 years after the date of commissioning;

(5) serve the foreign and domestic commerce and the national defense of the United States for at least 5 years after graduation from the Academy—

(A) as a merchant marine officer on a documented vessel or a vessel owned and operated by the United States Government or by a State;

(B) as an employee in a United States maritime-related industry, profession, or marine science (as determined by the Secretary of Transportation), if the Secretary determines that service under subparagraph (A) is not available to the individual;

(C) as a commissioned officer on active duty in an armed force of the United States, as a commissioned officer in the National Oceanic and Atmospheric Administration, or in other maritime-related Federal employment which serves the national security interests of the United States, as determined by the Secretary; or

(D) by a combination of the service alternatives referred to in subparagraphs (A)–(C); and

(6) report to the Secretary on compliance with this subsection.

(b) Failure To Complete Course of Instruction.—

(1) Active duty.—If the Secretary of Transportation determines that an individual who has attended the Academy for at least 2 years has failed to fulfill the part of the agreement described in subsection (a)(1), the individual may be ordered by the Secretary of Defense to serve on active duty in one of the armed forces of the United States for a period of not more than 2 years. In cases of hardship as determined by the Secretary of Transportation, the Secretary of Transportation may waive this paragraph in whole or in part.

(2) Recovery of cost.—If the Secretary of Defense is unable or unwilling to order an individual to serve on active duty under paragraph (1), or if the Secretary of Transportation determines that reimbursement of the cost of education provided would better serve the interests of the United States, the Secretary of Transportation may recover from the individual the cost of education provided by the Government.

(c) Failure To Carry Out Other Requirements.—

(1) Active duty.—If the Secretary of Transportation determines that an individual has failed to fulfill any part of the agreement described in subsection (a)(2)–(6), the individual may be ordered to serve on active duty for a period of at least 3 years but not more than the unexpired period (as determined by the Secretary) of the service required by subsection (a)(5). The Secretary of Transportation, in consultation with the Secretary of Defense, shall determine in which service the individual shall serve. In cases of hardship as determined by the Secretary of Transportation, the Secretary of Transportation may waive this paragraph in whole or in part.

(2) Recovery of cost.—If the Secretary of Defense is unable or unwilling to order an individual to serve on active duty under paragraph (1), or if the Secretary of Transportation determines that reimbursement of the cost of education provided would better serve the interests of the United States, the Secretary of Transportation may recover from the individual the cost of education provided. The Secretary may reduce the amount to be recovered to reflect partial performance of service obligations and other factors the Secretary determines merit a reduction.

(d) Actions To Recover Cost.—To aid in the recovery of the cost of education provided by the Government under a commitment agreement under this section, the Secretary of Transportation may—

(1) request the Attorney General to bring a civil action against the individual; and

(2) make use of the Federal debt collection procedures in chapter 176 of title 28 or other applicable administrative remedies.

(e) Alternative Service.—

(1) Service as commissioned officer.—An individual who, for the 5-year period following graduation from the Academy, serves as a commissioned officer on active duty in an armed force of the United States or as a commissioned officer of the National Oceanic and Atmospheric Administration or the Public Health Service shall be excused from the requirements of paragraphs (3) through (5) of subsection (a).

(2) Modification or waiver.—The Secretary may modify or waive any of the terms and conditions set forth in subsection (a) through the imposition of alternative service requirements.

(f) Service Obligation Performance Reporting Requirement.—

(1) In general.—Subject to any otherwise applicable restrictions on disclosure in section 552a of title 5, the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating, the Administrator of the National Oceanic and Atmospheric Administration, and the Surgeon General of the Public Health Service—

(A) shall report the status of obligated service of an individual graduate of the Academy upon request of the Secretary; and

(B) may, in their discretion, notify the Secretary of any failure of the graduate to perform the graduate's duties, either on active duty or in the Ready Reserve component of their respective service, or as a commissioned officer of the National Oceanic and Atmospheric Administration or the Public Health Service, respectively.

(2) Information to be provided.—A report or notice under paragraph (1) shall identify any graduate determined to have failed to comply with service obligation requirements and provide all required information as to why such graduate failed to comply.

(3) Considered as in default.—Upon receipt of such a report or notice, such graduate may be considered to be in default of the graduate's service obligations by the Secretary, and subject to all remedies the Secretary may have with respect to such a default.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1572; Pub. L. 109–163, div. A, title V, §515(g)(2)(A), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 109–364, div. C, title XXXV, §§3505(a), 3506(a), Oct. 17, 2006, 120 Stat. 2516, 2517; Pub. L. 110–181, div. C, title XXXV, §§3523(a)(1), (b), 3526(b)(1), (c)(1), (g), Jan. 28, 2008, 122 Stat. 598, 600-602; Pub. L. 114–92, div. C, title XXXV, §3506, Nov. 25, 2015, 129 Stat. 1220.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51306(a)	46 App.:1295b(e)(1).	June 29, 1936, ch. 858, title XIII, §1303(e)(1)–(4), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2000; Pub. L. 97–31, §12(144)(A), Aug. 6, 1981, 95 Stat. 166; Pub. L. 101–595, title VII, §707(a), Nov. 16, 1990, 104 Stat. 2995; Pub. L. 108–136, title XXXV, §3515(b), Nov. 24, 2003, 117 Stat. 1792.
51306(b)	46 App.:1295b(e)(2).
51306(c)	46 App.:1295b(e)(3).
51306(d)	46 App.:1295b(e)(4).

In subsection (a), before paragraph (1), the words "after the date occurring 6 months after October 1, 1981" are omitted as obsolete. In paragraph (2), the words "before graduating" are substituted for "on or before the date of graduation" to eliminate unnecessary words. In paragraph (5)(A), the words "or territories" are omitted as unnecessary because of the definition of "State" in chapter 1 of the revised title.

In subsection (d), the words "bring a civil action" are substituted for "begin court proceedings" for consistency in the revised title and with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

Editorial Notes

Amendments

2015—Subsec. (a). Pub. L. 114–92, §3506(1), substituted "shall sign" for "must sign" in introductory provisions.

Subsec. (a)(2). Pub. L. 114–92, §3506(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "fulfill the requirements for a license as an officer in the merchant marine of the United States before graduation from the Academy;".

Subsec. (a)(3). Pub. L. 114–92, §3506(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "maintain a valid license as an officer in the merchant marine of the United States for at least 6 years after graduation from the Academy, accompanied by the appropriate national and international endorsements and certification required by the Coast Guard for service aboard vessels on domestic and international voyages;".

Subsec. (a)(4). Pub. L. 114–92, §3506(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "apply for, and accept if tendered, an appointment as a commissioned officer in the Navy Reserve (including the Merchant Marine Reserve, Navy Reserve), the Coast Guard Reserve, or any other reserve unit of an armed force of the United States, and, if tendered the appointment, to serve for at least 6 years after graduation from the Academy;".

2008—Pub. L. 110–181, §3526(g), repealed Pub. L. 109–364, §§3505(a) and 3506(a). See 2006 Amendment note below.

Pub. L. 110–181, §3523(b), repealed Pub. L. 109–163, §515(g)(2)(A). See 2006 Amendment note below.

Subsec. (a)(4). Pub. L. 110–181, §3523(a)(1), incorporated the substance of the amendment by Pub. L. 109–163, §515(g)(2)(A), into this section by substituting "Navy Reserve" for "Naval Reserve" in two places. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

Subsecs. (e), (f). Pub. L. 110–181, §3526(b)(1), (c)(1), incorporated the substance of the amendments by Pub. L. 109–364, §§3505(a), 3506(a), into this section by adding subsecs. (e) and (f). See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–364, §§3505(a), 3506(a), which directed the amendment of section 1295b(e) of the former Appendix to this title from which this section was derived, were repealed by Pub. L. 110–181, §3526(g). See 2008 Amendment note for subsecs. (e) and (f) and Historical and Revision notes above.

Pub. L. 109–163, §515(g)(2)(A), which directed the amendment of section 1295b of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3523(b). See 2008 Amendment note for subsec. (a)(4) and Historical and Revision notes above.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181, div. C, title XXXV, §3526(b)(2), Jan. 28, 2008, 122 Stat. 601, provided that: "Section 51306(e) of title 46, United States Code, as added by paragraph (1), applies only to an individual who enrolls as a cadet at the United States Merchant Marine Academy, and signs an agreement under section 51306(a) of title 46, after October 17, 2006."

Pub. L. 110–181, div. C, title XXXV, §3526(c)(2), Jan. 28, 2008, 122 Stat. 602, provided that: "Section 51306(f) of title 46, United States Code, as added by paragraph (1), does not apply with respect to an agreement entered into under section 51306(a) of title 46, United States Code, before October 17, 2006."

Effective Date of 2006 Amendment

Pub. L. 109–364, div. C, title XXXV, §3505(b), Oct. 17, 2006, 120 Stat. 2517, which provided that par. (6) of section 1295b(e) of the former Appendix to this title from which this section was derived, applied only to an individual who enrolled as a cadet at the United States Merchant Marine Academy and signed an agreement under par. (1) of that section after Oct. 17, 2006, was repealed by Pub. L. 110–181, div. C, title XXXV, §3526(g), Jan. 28, 2008, 122 Stat. 602.

Pub. L. 109–364, div. C, title XXXV, §3506(b), Oct. 17, 2006, 120 Stat. 2517, which provided that the enactment of par. (7) of section 1295b(e) of the former Appendix to this title from which this section was derived, did not apply with respect to an agreement entered into under section 1295b(e) before Oct. 17, 2006, was repealed by Pub. L. 110–181, div. C, title XXXV, §3526(g), Jan. 28, 2008, 122 Stat. 602.

§51307. Places of training

(a) In General.—The Secretary of Transportation may provide for the training of cadets at the United States Merchant Marine Academy—

(1) on vessels owned, subsidized by, or contracted with the United States Government;

(2) on other documented vessels, with the permission of the owner;

(3) in shipyards or plants and with industrial or educational organizations; and

(4) on any other vessel considered by the Secretary to be necessary or appropriate or in the national interest.

(b) Sea Year Cadets on Certain Vessels.—

(1) Requirements.—The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title, the Cable Security Fleet under chapter 532 of this title, or the Tanker Security Fleet under chapter 534 of this title to—

(A) carry on each Maritime Security Program vessel, Cable Security Fleet vessel, or Tanker Security Fleet vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage; and

(B) implement and adhere to policies, programs, criteria, and requirements established pursuant to section 51322 of this title.

(2) Failure to implement or adhere to requirements.—Failure to implement or adhere to the policies, programs, criteria, and requirements referred to in paragraph (1) may, as determined by the Maritime Administrator, constitute a violation of an operating agreement entered into under chapter 531, 532, or 534 of this title and the Maritime Administrator may—

(A) require the operator to take corrective actions; or

(B) withhold payment due to the operator until the violation, as determined by the Maritime Administrator, has been remedied.

(3) Withheld payments.—Any payment withheld pursuant to paragraph (2)(B) may be paid, upon a determination by the Maritime Administrator that the operator is in compliance with the policies, programs, criteria, and requirements referred to in paragraph (1).

(c) Military Sealift Command Vessels.—

(1) In general.—Except as provided in paragraph (2), the Commander of the Military Sealift Command shall require an operator of a vessel in the United States Navy's Military Sealift Command to carry on each such vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage, if the vessel—

(A) is flagged in the United States; and

(B) is rated at 10,000 gross tons or higher.

(2) Waiver.—The Commander of the Military Sealift Command may waive the requirement under paragraph (1) at any time if the Commander determines that carrying a cadet from the United States Merchant Marine Academy would place an undue burden on the vessel or the operator of the vessel.

(d) Definition of Operator.—In this section, the term "operator" includes a government operator and a non-government operator.

(e) Savings Clause.—Nothing in this section may be construed as affecting—

(1) the discretion of the Secretary to determine whether to place a United States Merchant Marine Academy cadet on a vessel;

(2) the authority of the Coast Guard regarding a vessel security plan approved under section 70103; or

(3) the discretion of the master of the vessel to ensure the safety of all crew members.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1574; Pub. L. 109–241, title III, §307, July 11, 2006, 120 Stat. 528; Pub. L. 110–181, div. C, title XXXV, §3525(a)(3), (b), Jan. 28, 2008, 122 Stat. 600, 601; Pub. L. 115–232, div. C, title XXXV, §3512, Aug. 13, 2018, 132 Stat. 2311; Pub. L. 116–283, div. C, title XXXV, §3506, Jan. 1, 2021, 134 Stat. 4405; Pub. L. 117–263, div. C, title XXXV, §3517(a)(1), Dec. 23, 2022, 136 Stat. 3073.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51307	46 App.:1295b(f).	June 29, 1936, ch. 858, title XIII, §1303(f), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2002.

In paragraph (2), the words "with the permission of the owner" are substituted for "if the owner . . . cooperates in such use" for clarity.

Editorial Notes

Amendments

2022—Subsec. (b). Pub. L. 117–263 amended subsec. (b) generally. Prior to amendment, text read as follows: "The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title, the Cable Security Fleet under chapter 532 of this title, or the Tanker Security Fleet under chapter 534 of this title to carry on each Maritime Security Program vessel, Cable Security Fleet vessel, or Tanker Security Fleet vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage."

2021—Subsec. (b). Pub. L. 116–283 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title to carry on each Maritime Security Program vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage."

2018—Pub. L. 115–232, §3512(1), (3), designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (e).

Subsec. (a)(1). Pub. L. 115–232, §3512(2), substituted "owned, subsidized by, or contracted with" for "owned or subsidized by".

2008—Pub. L. 110–181, §3525(b), repealed Pub. L. 109–241, §307. See 2006 Amendment note below.

Par. (4). Pub. L. 110–181, §3525(a)(3), incorporated the substance of the amendment by Pub. L. 109–241, §307, into this section by adding par. (4). See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–241, §307, which directed the amendment of section 1295b(f) of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3525(b). See 2008 Amendment note for par. (4) and Historical and Revision notes above.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. C, title XXXV, §3517(a)(2), Dec. 23, 2022, 136 Stat. 3074, provided that: "Paragraph (2) of subsection (b) of section 51307, as amended by paragraph (1), shall apply with respect to any failure to implement or adhere to the policies, programs, criteria, and requirements referred to in paragraph (1)(B) of such subsection that occurs on or after the date that is one year after the date of the enactment of this Act [Dec. 23, 2022]."

§51308. Uniforms, textbooks, and transportation allowances

The Secretary of Transportation shall provide cadets at the United States Merchant Marine Academy—

(1) all required uniforms and textbooks; and

(2) allowances for transportation (including reimbursement of traveling expenses) when traveling under orders as a cadet.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1574.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51308	46 App.:1295b(d).	June 29, 1936, ch. 858, title XIII, §1303(d), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2000.

§51309. Academic degree

(a) Bachelor's Degree.—

(1) In general.—The Superintendent of the United States Merchant Marine Academy may confer the degree of bachelor of science on an individual who—

(A) has met the conditions prescribed by the Secretary of Transportation; and

(B) if a citizen of the United States, has passed the examination for a merchant marine officer's license.

(2) Effect of physical or psychological disqualification.—An individual not able or allowed to take the examination for a merchant marine officer's license solely due to a documented medical or psychological condition shall not be denied a degree for not taking the examination.

(b) Master's Degree.—The Superintendent of the Academy may confer a master's degree on an individual who has met the conditions prescribed by the Secretary. A master's degree program may be funded through non-appropriated funds. To maintain the appropriate academic standards, the program shall be accredited by the appropriate accreditation body. Nonappropriated funds received for this purpose shall be credited to the Maritime Administration's Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purpose of such receipts. The Superintendent shall maintain a separate and detailed accounting of nonappropriated fund receipts and all associated expenses. The Secretary may prescribe regulations necessary to administer such a program.

(c) Graduation Not Entitlement To Hold License.—Graduation from the Academy does not entitle an individual to hold a license authorizing service on a merchant vessel.

(d) Definition of Documented Medical or Psychological Condition.—In this section the term "documented medical or psychological condition" means, with respect to an individual, a physical disqualification or psychological condition, including a mental health condition arising from sexual assault or sexual harassment, for which the individual has been treated or is being treated by a medical or psychological provider.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1574; Pub. L. 111–84, div. C, title XXXV, §3514, Oct. 28, 2009, 123 Stat. 2724; Pub. L. 117–263, div. C, title XXXV, §3511, Dec. 23, 2022, 136 Stat. 3065.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51309(a)	46 App.:1295b(g)(1).	June 29, 1936, ch. 858, title XIII, §1303(g), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2002; restated Pub. L. 108–136, title XXXV, §3515(c), Nov. 24, 2003, 117 Stat. 1794.
51309(b)	46 App.:1295b(g)(2).
51309(c)	46 App.:1295b(b)(8).	June 29, 1936, ch. 858, title XIII, §1303(b)(8), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1997; Pub. L. 99–368, §5, Aug. 1, 1986, 100 Stat. 776.

Editorial Notes

Amendments

2022—Subsec. (a)(2). Pub. L. 117–263, §3511(1), in heading, inserted "or psychological" after "physical", and, in text, inserted "able or" before "allowed" and substituted "solely due to a documented medical or psychological condition shall" for "only because of physical disqualification may".

Subsec. (d). Pub. L. 117–263, §3511(2), added subsec. (d).

2009—Subsec. (b). Pub. L. 111–84 inserted before last sentence "Nonappropriated funds received for this purpose shall be credited to the Maritime Administration's Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purpose of such receipts. The Superintendent shall maintain a separate and detailed accounting of nonappropriated fund receipts and all associated expenses."

§51310. Deferment of service obligation under cadet commitment agreements

The Secretary of Transportation may defer the service commitment of an individual under section 51306(a)(5) of this title (as specified in the cadet commitment agreement) for not more than 2 years if the individual is engaged in a graduate course of study approved by the Secretary. However, deferment of service as a commissioned officer under section 51306(a)(5) must be approved by the Secretary of the military department that has jurisdiction over the service or by the Secretary of Commerce for service with the National Oceanic and Atmospheric Administration.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1575.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51310	46 App.:1295b(e)(5).	June 29, 1936, ch. 858, title XIII, §1303(e)(5), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2001; Pub. L. 97–31, §12(144)(B), Aug. 6, 1981, 95 Stat. 166; Pub. L. 108–136, title XXXV, §3515(b)(6), Nov. 24, 2003, 117 Stat. 1793.

§51311. Midshipman status in the Navy Reserve

(a) Application Requirement.—Before being appointed as a cadet at the United States Merchant Marine Academy, a citizen of the United States must agree to apply for midshipman status in the Navy Reserve (including the Merchant Marine Reserve, Navy Reserve).

(b) Appointment.—

(1) In general.—A citizen of the United States appointed as a cadet at the Academy shall be appointed by the Secretary of the Navy as a midshipman in the Navy Reserve (including the Merchant Marine Reserve, Navy Reserve).

(2) Rights and privileges.—The Secretary of the Navy shall provide for cadets of the Academy who are midshipmen in the United States Navy Reserve to be—

(A) issued an identification card (referred to as a "military ID card"); and

(B) entitled to all rights and privileges in accordance with the same eligibility criteria as apply to other members of the Ready Reserve of the reserve components of the armed forces.

(3) Coordination.—The Secretary of the Navy shall carry out paragraphs (1) and (2) in coordination with the Secretary of Transportation.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1575; Pub. L. 109–163, div. A, title V, §515(g)(2), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 110–181, div. C, title XXXV, §3523(a)(1), (b), Jan. 28, 2008, 122 Stat. 598, 600.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51311(a)	46 App.:1295b(b) (3)(F).	June 29, 1936, ch. 858, title XIII, §1303(b)(3)(F), (c), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1999, 2000; Pub. L. 105–261, div. A, title V, §568, Oct. 17, 1998, 112 Stat. 2031; Pub. L. 106–65, div. A, title X, §1066(b)(5), Oct. 5, 1999, 113 Stat. 772.
51311(b)	46 App.:1295b(c).

Editorial Notes

Amendments

2008—Pub. L. 110–181, §3523(b), repealed Pub. L. 109–163, §515(g)(2). See 2006 Amendment note below.

Subsecs. (a), (b)(1), (2). Pub. L. 110–181, §3523(a)(1), incorporated the substance of the amendment by Pub. L. 109–163, §515(g)(2), into this section by substituting "Navy Reserve" for "Naval Reserve" wherever appearing in section catchline and text. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–163, §515(g)(2), which directed the amendment of section 1295b of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3523(b). See 2008 Amendment note for subsecs. (a), (b)(1), (2) and Historical and Revision notes above.

§51312. Board of Visitors

(a) In General.—There shall be a Board of Visitors to the United States Merchant Marine Academy (referred to in this section as the "Board" and the "Academy", respectively) to provide independent advice and recommendations on matters relating to the United States Merchant Marine Academy.

(b) Membership.—

(1) In general.—The Board shall be composed of—

(A) 2 Senators appointed by the Chairman of the Committee on Commerce, Science, and Transportation of the Senate in consultation with the ranking member of such Committee;

(B) 3 Members of the House of Representatives appointed by the Chairman of the Committee on Armed Services of the House of Representatives in consultation with the ranking member of such Committee;

(C) 1 Senator appointed by the Vice President, who shall be a member of the Committee on Appropriations of the Senate;

(D) 2 Members of the House of Representatives appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader, at least 1 of whom shall be a member of the Committee on Appropriations of the House of Representatives;

(E) 5 individuals appointed by the President; and

(F) as ex officio members—

(i) the Commander of the Military Sealift Command;

(ii) the Deputy Commandant for Operations of the Coast Guard;

(iii) the chairman of the Committee on Commerce, Science, and Transportation of the Senate;

(iv) the chairman of the Committee on Armed Services of the House of Representatives;

(v) the chairman of the Advisory Board to the Academy established under section 51313; and

(vi) the Member of the House of Representatives for the congressional district in which the Academy is located, as a nonvoting member, unless such Member of the House of Representatives is appointed as a voting member of the Board under subparagraph (B) or (D).

(2) Presidential appointees.—Of the individuals appointed by the President under paragraph (1)(E)—

(A) at least 2 shall be graduates of the Academy;

(B) at least 1 shall be a senior corporate officer from a United States maritime shipping company that participates in the Maritime Security Program, or in any Maritime Administration program providing incentives for companies to register their vessels in the United States, and this appointment shall rotate biennially among such companies;

(C) at least 1 shall be a representative of a maritime labor organization; and

(D) 1 or more may be a Senate-confirmed Presidential appointee, a member of the Senior Executive Service, or an officer of flag-rank from the Coast Guard, the National Oceanic and Atmospheric Administration, or any of the military services that commission graduates of the Academy, other than the individuals who are members of the Board under clauses (i) and (ii) of paragraph (1)(F).

(3) Term of service.—

(A) In general.—Except as provided in subparagraph (B), each member of the Board, other than an ex officio member under paragraph (1)(F), shall serve for a term of 2 years commencing at the beginning of each Congress.

(B) Continuation of service.—Any member described in subparagraph (A) whose term on the Board has expired, other than a member appointed under any of subparagraphs (A) through (D) of paragraph (1) who is no longer a Member of Congress, shall continue to serve until a successor is appointed.

(C) Replacement.—If a member of the Board is replaced, not later than 60 days after the date of the replacement, the Designated Federal Officer selected under subsection (g)(2) shall notify that member.

(4) Vacancies.—If a member of the Board is no longer able to serve on the Board or resigns, the Designated Federal Officer selected under subsection (g)(2) shall immediately notify the person who appointed such member. Not later than 60 days after that notification, such person shall designate a replacement to serve the remainder of such member's term.

(5) Designation and responsibility of substitute board members.—

(A) Authority to designate.—A member of the Board under clause (i) or (ii) of paragraph (1)(F) or appointed under subparagraph (B) or (C) of paragraph (2) may, if unable to attend or participate in an activity described in subsection (d), (e), or (f), designate another individual to serve as a substitute member of the Board, on a temporary basis, to attend or participate in such activity.

(B) Requirements.—A substitute member of the Board designated under subparagraph (A) shall be—

(i) an individual serving in a position for which the individual was appointed by the President and confirmed by the Senate;

(ii) a member of the Senior Executive Service; or

(iii) an officer of flag-rank who is employed by—

(I) the Coast Guard; or

(II) the Military Sealift Command.

(C) Participation.—A substitute member of the Board designated under subparagraph (A)—

(i) shall be permitted by the Board to fully participate in the proceedings and activities of the Board;

(ii) shall report to the member that designated the substitute member on the Board's activities not later than 15 days following the substitute member's participation in such activities; and

(iii) shall be permitted by the Board to participate in the preparation of reports described in paragraph ¹ (j) related to any proceedings or activities of the Board in which such substitute member participates.

(c) Chairperson.—

(1) In general.—On a biennial basis and subject to paragraph (2), the Board shall select from among its members a Member of the House of Representatives or a Senator to serve as the Chairperson.

(2) Rotation.—A Member of the House of Representatives and a Member of the Senate shall alternately be selected as the Chairperson of the Board.

(3) Term.—An individual may not serve as Chairperson for consecutive terms.

(d) Meetings.—

(1) In general.—The Board shall meet as provided for in the Charter adopted under paragraph (2)(B), including at least 1 meeting held at the Academy and 2 additional meetings, which may be held in person or virtually.

(2) Chairperson and charter.—The Designated Federal Officer selected under subsection (g)(2) shall organize a meeting of the Board for the purposes of—

(A) selecting a Chairperson under subsection (c); and

(B) adopting an official Charter for the Board, which shall establish the schedule of meetings of the Board.

(3) Scheduling; notification.—When scheduling a meeting of the Board, the Designated Federal Officer shall coordinate, to the greatest extent practicable, with the members of the Board to determine the date and time of the meeting. Members of the Board shall be notified of the date of each meeting not less than 30 days prior to the meeting date.

(e) Visiting the Academy.—

(1) Annual visit.—The Board shall visit the Academy annually on a date selected by the Board, in consultation with the Secretary of Transportation and the Superintendent of the Academy.

(2) Other visits.—In cooperation with the Superintendent, the Board or its members may make other visits to the Academy in connection with the duties of the Board.

(3) Access.—While visiting the Academy under this subsection, members of the Board shall have reasonable access to the grounds, facilities, midshipmen, faculty, staff, and other personnel of the Academy for the purpose of carrying out the duties of the Board.

(4) Staff.—One or more staff of each member of the Board may accompany them on Academy visits.

(5) Scheduling; notification.—When scheduling a visit to the Academy, the Designated Federal Officer shall coordinate, to the greatest extent practicable, with the members of the Board to determine the date and time of the visit. Members of the Board shall be notified of the date of each visit not less than 30 days prior to the visit date.

(f) Responsibility.—The Board shall inquire into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Academy, and other matters relating to the Academy that the Board decides to consider.

(g) Department of Transportation Support.—The Secretary of Transportation shall—

(1) provide support as deemed necessary by the Board for the performance of the Board's functions;

(2) select a Designated Federal Officer to support the performance of the Board's functions; and

(3) in cooperation with the Maritime Administrator and the Superintendent of the Academy, advise the Board of any institutional issues, consistent with applicable laws concerning the disclosure of information.

(h) Staff.—Each of the chairman and ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the chairman and ranking member of the Committee on Armed Services of the House of Representatives may designate staff members of such Committee to serve, without additional reimbursement (except as provided in subsection (i)), as staff for the Board. Such staff may attend meetings and may visit the Academy.

(i) Travel Expenses.—While serving away from his or her home or regular place of business, a member of the Board or a staff member designated under subsection (h) shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code.

(j) Reports.—

(1) Annual report.—Not later than 60 days after each annual visit required under subsection (e)(1), the Board shall submit to the President a written report of its actions, views, and recommendations pertaining to the Academy.

(2) Other reports.—If the members of the Board visit the Academy under subsection (e)(2), the Board may—

(A) prepare a report on such visit; and

(B) if approved by a majority of the members of the Board, submit such report to the President not later than 60 days after the date of the approval.

(3) Advisors.—The Board may call in advisers—

(A) for consultation regarding the execution of the Board's responsibility under subsection (f); or

(B) to assist in the preparation of a report described in paragraph (1) or (2).

(4) Submission.—A report submitted to the President under paragraph (1) or (2) shall be concurrently submitted to—

(A) the Secretary of Transportation;

(B) the Committee on Commerce, Science, and Transportation of the Senate; and

(C) the Committee on Armed Services of the House of Representatives.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1575; Pub. L. 113–291, div. C, title XXXV, §3504(a), Dec. 19, 2014, 128 Stat. 3905; Pub. L. 117–263, div. C, title XXXV, §3512, Dec. 23, 2022, 136 Stat. 3065.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51312	46 App.:1295b(h).	June 29, 1936, ch. 858, title XIII, §1303(h), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2002; Pub. L. 97–35, title XVI, §1607, Aug. 13, 1981, 95 Stat. 752; Pub. L. 101–595, title VII, §703, Nov. 16, 1990, 104 Stat. 2994.

The words "Committee on Armed Services" are substituted for "Committee on Merchant Marine and Fisheries" to reflect changes in committee structure made by the 104th Congress.

Editorial Notes

Amendments

2022—Subsec. (b)(2)(C). Pub. L. 117–263, §3512(1)(A)(iii), (iv), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (b)(2)(D). Pub. L. 117–263, §3512(1)(A)(i), (ii), redesignated subpar. (C) as (D) and substituted "flag-rank" for "flag-rank who".

Subsec. (b)(3)(C). Pub. L. 117–263, §3512(1)(B), added subpar. (C).

Subsec. (d)(1). Pub. L. 117–263, §3512(2)(A), inserted "and 2 additional meetings, which may be held in person or virtually" after "Academy".

Subsec. (d)(3). Pub. L. 117–263, §3512(2)(B), added par. (3).

Subsec. (e)(4), (5). Pub. L. 117–263, §3512(3), added pars. (4) and (5).

Subsec. (h). Pub. L. 117–263, §3512(4), inserted "and ranking member" after "chairman" in two places and inserted at end "Such staff may attend meetings and may visit the Academy."

2014—Pub. L. 113–291 amended section generally. Prior to amendment, section related to the Board of Visitors and consisted of subsecs. (a) to (d) relating to establishment of the Board, appointment of board members, designation of staff members to the board, and travel expenses, respectively.

Statutory Notes and Related Subsidiaries

Deadlines; Continuation of Service

Pub. L. 113–291, div. C, title XXXV, §3504(b), (c), Dec. 19, 2014, 128 Stat. 3909, provided that:

"(b) Deadlines.—

"(1) Selection of designated federal officer.—The Secretary of Transportation shall select a Designated Federal Officer under subsection (g)(2) of section 51312 of title 46, United States Code, as amended by this Act, by not later than 30 days after the date of the enactment of this Act [Dec. 19, 2014].

"(2) Appointment of members.—Appointments under subsection (b)(1) of such section shall be completed by not later than 60 days after the date of the enactment of this Act.

"(3) Organization of first meeting.—Such Designated Federal Officer shall organize a meeting of the Board under section (d)(2) of such section by not later than 60 days after the date of the enactment of this Act.

"(c) Continuation of Service of Current Members.—Each member of the Board of Visitors serving as a member of the Board on the date of the enactment of this Act shall continue to serve on the Board for the remainder of such member's term."

¹ So in original. Probably should be "subsection".

§51313. Advisory Board

(a) In General.—An Advisory Board to the United States Merchant Marine Academy shall be established to visit the Academy at least once during each academic year, for the purpose of examining the course of instruction and management of the Academy and advising the Maritime Administrator and the Superintendent of the Academy.

(b) Appointment and Terms.—The Board shall be composed of not more than 7 individuals appointed by the Secretary of Transportation. The individuals must be distinguished in education and other fields related to the Academy. Members of the Board shall be appointed for terms of not more than 3 years and may be reappointed. The Secretary shall designate one of the members as chairman.

(c) Travel Expenses.—When serving away from home or regular place of business, a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.

(d) Relationship to Other Law.—Chapter 10 of title 5 does not apply to the Board.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1576; Pub. L. 117–286, §4(a)(292), Dec. 27, 2022, 136 Stat. 4338.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51313	46 App.:1295b(i).	June 29, 1936, ch. 858, title XIII, §1303(i), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2002; Pub. L. 97–31, §12(144)(C), Aug. 6, 1981, 95 Stat. 166.

Editorial Notes

Amendments

2022—Subsec. (d). Pub. L. 117–286 substituted "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 App. U.S.C.)".

§51314. Limitation on charges and fees for attendance

(a) Prohibition.—Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at the United States Merchant Marine Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994.

(b) Exception.—The prohibition specified in subsection (a) does not apply with respect to any item or service provided to cadets for which a charge or fee is imposed as of October 5, 1994, or for calculators, computers, personal and academic supplies, midshipman services such as barber, tailor, or laundry services, and Coast Guard license fees. The Secretary of Transportation shall present at the next meeting of the Board of Visitors, and post on a publicly available website, any change made by the Academy in the amount of a charge or fee authorized under this subsection. Such fees shall be credited to the Maritime Administration's Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purposes of the fees. Fees collected in excess of actual expenses may be refunded to the Midshipmen through a mechanism approved by the Secretary. The Academy shall maintain a separate and detailed accounting of fee revenue and all associated expenses.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1576; Pub. L. 111–84, div. C, title XXXV, §3510, Oct. 28, 2009, 123 Stat. 2722; Pub. L. 111–117, div. A, title I, §176, Dec. 16, 2009, 123 Stat. 3068; Pub. L. 115–420, §2, Jan. 3, 2019, 132 Stat. 5444.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
51314	46 App.:1295b(j).	June 29, 1936, ch. 858, title XIII, §1303(j), as added Pub. L. 108–375, Oct. 28, 2004, div. A, title V, §545(e), 118 Stat. 1909.

Editorial Notes

Amendments

2019—Subsec. (b). Pub. L. 115–420 substituted "shall present at the next meeting of the Board of Visitors, and post on a publicly available website," for "shall notify Congress of".

2009—Subsec. (b). Pub. L. 111–117 inserted at end "Such fees shall be credited to the Maritime Administration's Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purposes of the fees. Fees collected in excess of actual expenses may be refunded to the Midshipmen through a mechanism approved by the Secretary. The Academy shall maintain a separate and detailed accounting of fee revenue and all associated expenses."

Pub. L. 111–84 substituted "1994, or for calculators, computers, personal and academic supplies, midshipman services such as barber, tailor, or laundry services, and Coast Guard license fees." for "1994."

§51315. Gifts to the Merchant Marine Academy

(a) In General.—The Maritime Administrator may accept and use conditional or unconditional gifts of money or property for the benefit of the United States Merchant Marine Academy, including acceptance and use for non-appropriated fund instrumentalities of the Merchant Marine Academy. The Maritime Administrator may accept a gift of services in carrying out the Administrator's duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, in accordance with the terms of the gift.

(b) Establishment of Academy Gift Fund.—There is established in the Treasury a fund, to be known as the "Academy Gift Fund". Disbursements from the Fund shall be made on order of the Maritime Administrator. Unless otherwise specified by the terms of the gift, the Maritime Administrator may use monies in the Fund for appropriated or non-appropriated purposes at the Academy. The Fund consists of—

(1) gifts of money;

(2) income from donated property accepted under this section;

(3) proceeds from the sale of donated property; and

(4) income from securities under subsection (c) of this section.

(c) Investment of Fund Balances.—On request of the Maritime Administrator, the Secretary of the Treasury may invest and reinvest amounts in the Fund in securities of, or in securities the principal and interest of which is guaranteed by, the United States Government.

(d) Disbursement Authority.—There are hereby authorized to be disbursed from the Fund such sums as may be on deposit, to remain available until expended.

(e) Deductibility of Gifts.—Gifts accepted under this section are a gift to or for the use of the Government under the Internal Revenue Code of 1986.

(f) Payment of Expenses.—The Maritime Administrator may pay all necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest accepted under this section.

(Added Pub. L. 110–417, div. C, title XXXV, §3506(g)(1), Oct. 14, 2008, 122 Stat. 4764; amended Pub. L. 115–91, div. C, title XXXV, §3511, Dec. 12, 2017, 131 Stat. 1918.)

Editorial Notes

References in Text

The Internal Revenue Code of 1986, referred to in subsec. (e), is classified generally to Title 26, Internal Revenue Code.

Amendments

2017—Subsec. (f). Pub. L. 115–91 added subsec. (f).

§51316. Temporary appointments to the Academy

Notwithstanding any other provision of law, the Maritime Administrator may appoint any present employee of the United States Merchant Marine Academy non-appropriated fund instrumentality to a position on the General Schedule of comparable pay. Eligible personnel shall be engaged in work permissibly funded by annual appropriations, and such appointments to the Civil Service shall be without regard to competition, for a term not to exceed 2 years.

(Added Pub. L. 110–417, div. C, title XXXV, §3506(h)(1), Oct. 14, 2008, 122 Stat. 4765.)

Editorial Notes

References in Text

The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees.

§51317. Adjunct professors

(a) In General.—The Maritime Administrator may establish a program for the purpose of contracting with individuals as personal services contractors to provide services as adjunct professors at the Academy, if the Maritime Administrator determines that there is a need for adjunct professors and the need is not of permanent duration.

(b) Contract Requirements.—Each contract under the program—

(1) must be approved by the Maritime Administrator;

(2) shall be for a duration, including options, of not to exceed one year unless the Maritime Administrator finds that exceptional circumstances justify an extension of up to one additional year; and

(3) shall be subject to the availability of appropriations.

(Added Pub. L. 111–84, div. C, title XXXV, §3503(a), Oct. 28, 2009, 123 Stat. 2719; amended Pub. L. 115–91, div. C, title XXXV, §3509, Dec. 12, 2017, 131 Stat. 1916.)

Editorial Notes

Amendments

2017—Subsec. (b)(1). Pub. L. 115–91, §3509(1)(A), struck out "and" at end.

Subsec. (b)(2). Pub. L. 115–91, §3509(1)(B), substituted "; and" for period at end.

Subsecs. (c), (d). Pub. L. 115–91, §3509(2), struck out subsecs. (c) and (d) which related to limitation on number of contractors and reporting requirements, respectively.

§51318. Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking

(a) Required Policy.—

(1) In general.—The Secretary of Transportation shall direct the Superintendent of the United States Merchant Marine Academy to prescribe a policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking applicable to the cadets and other personnel of the Academy.

(2) Matters to be specified in policy.—The policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking prescribed under this subsection shall include—

(A) a program to promote awareness and prevention of the incidence of rape, acquaintance rape, domestic violence, dating violence, stalking, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel;

(B) procedures for documenting, tracking, and maintaining the data required to conduct the annual assessments to determine the effectiveness of the policies, procedures, and training program of the Academy with respect to sexual harassment, dating violence, domestic violence, sexual assault, and stalking involving cadets or other Academy personnel, as required by subsection (c);

(C) procedures that a cadet or other Academy personnel should follow in the case of an occurrence of sexual harassment, dating violence, domestic violence, sexual assault, or stalking, including—

(i) specifying the person or persons to whom an alleged occurrence of sexual harassment, dating violence, domestic violence, sexual assault, or stalking should be reported by the victim and the options for confidential reporting;

(ii) specifying any other person whom the victim should contact; and

(iii) procedures on the preservation of evidence potentially necessary for proof of a criminal sexual offense;

(D) procedures for investigating sexual harassment, dating violence, domestic violence, sexual assault, or stalking involving a cadet or other Academy personnel to determine whether disciplinary action is necessary;

(E) a procedure for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel;

(F) any other sanction authorized to be imposed in a substantiated case of sexual harassment, dating violence, domestic violence, sexual assault, or stalking involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible;

(G) procedures through which—

(i) questions regarding sexual harassment, dating violence, domestic violence, sexual assault, or stalking can be confidentially asked and confidentially answered;

(ii) victims can report incidents of sexual harassment, dating violence, domestic violence, sexual assault, or stalking confidentially; and

(iii) the privacy of victims of sexual harassment, dating violence, domestic violence, sexual assault, or stalking will be protected; and

(H) 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, dating violence, domestic violence, sexual assault, or stalking involving Academy personnel.

(3) Minimum training requirements for certain individuals regarding sexual harassment, dating violence, domestic violence, sexual assault, and stalking.—

(A) Requirement.—The Maritime Administrator shall direct the Superintendent of the United States Merchant Marine Academy to develop a mandatory training program at the Academy for each individual who is involved in implementing the Academy's student disciplinary grievance procedures, including each individual who is responsible for—

(i) resolving complaints of reported sexual harassment, dating violence, domestic violence, sexual assault, and stalking;

(ii) resolving complaints of reported violations of the sexual misconduct policy of the Academy; or

(iii) conducting an interview with a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(B) Consultation.—The Superintendent shall develop the training program described in subparagraph (A) in consultation with national, State, or local sexual assault, dating violence, domestic violence, or stalking victim advocacy, victim services, or prevention organizations.

(C) Elements.—The training required by subparagraph (A) shall include the following:

(i) Information on working with and interviewing persons subjected to sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(ii) Information on particular types of conduct that would constitute sexual harassment, dating violence, domestic violence, sexual assault, or stalking, regardless of gender, including same-sex sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(iii) Information on consent and the effect that drugs or alcohol may have on an individual's ability to consent.

(iv) Information on the effects of trauma, including the neurobiology of trauma.

(v) Training regarding the use of trauma-informed interview techniques, which means asking questions of an individual who has been a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking in a manner that is focused on the experience of the victim, does not judge or blame the victim, and is informed by evidence-based research on the neurobiology of trauma.

(vi) Training on cultural awareness regarding how dating violence, domestic violence, sexual assault, or stalking may impact midshipmen differently depending on their cultural background.

(vii) Information on sexual assault dynamics, sexual assault perpetrator behavior, and barriers to reporting.

(D) Implementation.—

(i) Development and approval schedule.—The training program required by subparagraph (A) shall be developed not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018.

(ii) Completion of training.—Each individual who is required to complete the training described in subparagraph (A) shall complete such training not later than—

(I) 270 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018; or

(II) 180 days after starting a position with responsibilities that include the activities described in clause (i), (ii), or (iii) of subparagraph (A).

(4) Availability of policy.—The Secretary shall ensure that the policy developed under this subsection is available to—

(A) all cadets and employees of the Academy; and

(B) the public.

(5) Consultation and assistance.—In developing the policy under this subsection, the Secretary may consult with or receive assistance from such Federal, State, local, and national organizations and subject matter experts as the Secretary considers appropriate.

(6) Consistency with the higher education act of 1965.—The Secretary shall ensure that the policy developed under this subsection meets the requirements set out in section 485(f)(8) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(8)).

(b) Development Program.—

(1) In general.—The Maritime Administrator shall ensure that the development program of the Academy includes a section that—

(A) describes the relationship between honor, respect, and character development and the prevention of sexual harassment, dating violence, domestic violence, sexual assault, and stalking at the Academy;

(B) includes a brief history of the problem of sexual harassment, dating violence, domestic violence, sexual assault, and stalking in the merchant marine, in the Armed Forces, and at the Academy; and

(C) includes information relating to reporting sexual harassment, dating violence, domestic violence, sexual assault, and stalking, victims' rights, and dismissal for offenders.

(2) Minimum requirements to combat retaliation.—

(A) Requirement for plan.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the Maritime Administrator shall direct the Superintendent of the United States Merchant Marine Academy to implement and maintain a plan to combat retaliation against cadets at the Academy and other Academy personnel who report sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(B) Violation of code of conduct.—The Superintendent shall consider an act of retaliation against a cadet at the Academy who reports sexual harassment, dating violence, domestic violence, sexual assault, or stalking as a Class I violation of the Midshipman Regulations of the Academy or equivalent code of conduct.

(C) Retaliation definition.—The Superintendent shall work with the sexual assault prevention and response staff of the Academy to define "retaliation" for purposes of this subsection.

(3) Minimum resource requirements.—

(A) In general.—The Maritime Administrator shall ensure the staff at the Academy are provided adequate and appropriate sexual harassment, dating violence, domestic violence, sexual assault, and stalking prevention and response training materials and resources. Such resources shall include staff as follows:

(i) Sexual assault response coordinator.

(ii) Prevention educator.

(iii) Civil rights officer.

(iv) Staff member to oversee Sea Year.

(B) Communication.—The Director of the Office of Civil Rights of the Maritime Administration shall create and maintain a direct line of communication to the sexual assault response staff of the Academy that is outside of the chain of command of the Academy.

(4) Minimum training requirements.—The Superintendent shall ensure that all cadets receive training on the sexual harassment, dating violence, domestic violence, sexual assault, and stalking prevention and response sections of the development program of the Academy, as described in paragraph (1), as follows:

(A) An initial training session, which shall occur not later than 7 days after a cadet's initial arrival at the Academy.

(B) Additional training sessions, which shall occur biannually following the cadet's initial training session until the cadet graduates or leaves the Academy.

(c) Annual Assessment.—

(1) In general.—The Secretary, in cooperation with the Superintendent, shall conduct an assessment at the Academy, during each Academy program year, to determine the effectiveness of the policies, procedures, and training program of the Academy with respect to sexual harassment and sexual assault involving cadets or other Academy personnel.

(2) Biennial survey.—For each assessment of the Academy under paragraph (1) during an Academy program year that begins in an odd-numbered calendar year, the Secretary shall conduct a survey of cadets and other Academy personnel—

(A) to measure—

(i) the incidence, during that program year, of sexual harassment and sexual assault events involving cadets or other Academy personnel, on or off the Academy campus, that have been reported to officials of the Academy; and

(ii) the incidence, during that program year, of sexual harassment and sexual assault events involving cadets or other Academy personnel, on or off the Academy campus, that have not been reported to officials of the Academy; and

(B) to assess the perceptions of cadets and other Academy personnel on—

(i) the policies, procedures, and training programs of the Academy on sexual harassment and sexual assault involving cadets or other Academy personnel;

(ii) the enforcement of the policies described in clause (i);

(iii) the incidence of sexual harassment and sexual assault involving cadets or other Academy personnel; and

(iv) any other issues relating to sexual harassment and sexual assault involving cadets or other Academy personnel.

(3) Focus groups for years when survey not required.—In any year in which the Secretary is not required to conduct the survey described in paragraph (2), the Secretary shall conduct focus groups at the Academy for the purposes of ascertaining information relating to sexual assault and sexual harassment issues at the Academy.

(d) Annual Report.—

(1) In general.—For each Academy program year, the Superintendent shall submit to the Secretary a report that provides information about sexual harassment and sexual assault involving cadets or other Academy personnel.

(2) Contents.—Each report submitted under paragraph (1) shall include, for the Academy program year covered by the report—

(A) the number of sexual assaults, rapes, and other sexual offenses, including sexual harassment, involving cadets or other Academy personnel that have been reported to Academy officials;

(B) the number of the reported cases described in subparagraph (A) that have been substantiated;

(C) the policies, procedures, and training implemented by the Superintendent and the leadership of the Academy in response to incidents of sexual harassment and sexual assault involving cadets and other Academy personnel; and

(D) a plan for the actions that will be taken in the following Academy program year regarding prevention of, and response to, incidents of sexual harassment and sexual assault involving cadets and other Academy personnel.

(3) Survey and focus group results.—

(A) Survey results.—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).

(B) Focus group results.—Each report under paragraph (1) for an Academy program year in which the Secretary is not required to conduct the survey described in subsection (c)(2) shall include the results of the focus group conducted in that program year under subsection (c)(3).

(4) Reporting requirement.—

(A) By the superintendent.—For each incident of sexual harassment or sexual assault reported to the Superintendent, the Superintendent shall provide to the Secretary and the Board of Visitors of the Academy a report that includes—

(i) the facts surrounding the incident, except for any details that would reveal the identities of the people involved; and

(ii) the Academy's response to the incident.

(B) By the secretary.—Not later than January 15 of each year, the Secretary shall submit a copy of each report received under subparagraph (A) and the Secretary's comments on the report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(e) Data for Aggregate Reporting.—

(1) In general.—No requirement related to confidentiality in this section or section 51319 of this title may be construed to prevent a sexual assault response coordinator from providing information for any report required by law regarding sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(2) Identity protection.—Any information provided for a report referred to in paragraph (1) shall be provided in a manner that protects the identity of the victim or witness.

(f) Definitions.—In this section and section 51319 of this title:

(1) Dating violence; domestic violence; stalking.—The terms "dating violence", "domestic violence", and "stalking" have the meanings given those terms is ¹ section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).²

(2) Sexual assault.—The term "sexual assault" means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

(Added Pub. L. 114–328, div. C, title XXXV, §3510(a), Dec. 23, 2016, 130 Stat. 2782; amended Pub. L. 115–91, div. C, title XXXV, §3514(a)–(d)(1), Dec. 12, 2017, 131 Stat. 1920–1923; Pub. L. 115–232, div. C, title XXXV, §3507(a), Aug. 13, 2018, 132 Stat. 2309.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsecs. (a)(3)(D)(i), (ii)(I) and (b)(2)(A), is the date of enactment of Pub. L. 115–91, which was approved Dec. 12, 2017.

Section 40002 of the Violence Against Women Act of 1994, referred to in subsec. (f)(1), is section 40002 of title IV of Pub. L. 103–322, which was classified as section 13925 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as section 12291 of Title 34, Crime Control and Law Enforcement.

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).

Statutory Notes and Related Subsidiaries

United States Merchant Marine Academy Sexual Assault Prevention and Response Program

Pub. L. 116–92, div. C, title XXXV, §3517, Dec. 20, 2019, 133 Stat. 1986, provided that:

"(a) Implementation of Recommendations.—The Secretary of Transportation shall ensure that, not later than 180 days after the date of the enactment of this title [Dec. 20, 2019], the recommendations in report of the Inspector General of the Department of Transportation on the effectiveness sexual assault prevention and response program of the United States Merchant Marine Academy (mandated under section 3512 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2786)), are fully implemented.

"(b) Report.—Not later than 180 days after the date of the enactment of this title, the Secretary of Transportation shall submit to Congress a report that includes—

"(1) confirmation that the recommendations described in subsection (a) have been fully implemented, and explaining how those recommendations have been implemented; or

"(2) if such recommendations have not been fully implemented as of the date of the report, an explanation of why such recommendations have not been fully implemented and a description of the resources that are needed to fully implement such recommendations."

Implementation

Pub. L. 115–232, div. C, title XXXV, §3507(b), Aug. 13, 2018, 132 Stat. 2310, provided that: "The Superintendent of the United States Merchant Marine Academy may implement the amendment to subsection (b)(2)(A) of section 51318 of title 46, United States Code, made by subsection (a)(2), by updating an existing plan issued pursuant to the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91)."

Access of Academy Cadets to DOD SAFE or Equivalent Helpline

Pub. L. 115–91, div. C, title XXXV, §3515(b), Dec. 12, 2017, 131 Stat. 1926, which directed the Secretary of Transportation to provide cadets at the United States Merchant Marine Academy access to the Department of Defense SAFE Helpline or an equivalent helpline to report incidents of sexual harassment, dating violence, domestic violence, sexual assault, or stalking, was repealed by Pub. L. 117–263, div. C, title XXXV, §3513(c), Dec. 23, 2022, 136 Stat. 3068, which also redesignated section 3515(c) of Pub. L. 115–91 (amending section 51319 of this title) as section 3515(b) of Pub. L. 115–91.

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."

¹ So in original. Probably should be "in".

² See References in Text note below.

§51319. Sexual assault response coordinators and sexual assault victim advocates

(a) Sexual Assault Response Coordinators.—

(1) Requirement for coordinators.—The United States Merchant Marine Academy shall employ or contract with at least 1 full-time sexual assault response coordinator who shall reside at or near the Academy. The Secretary of Transportation may assign additional full-time or part-time sexual assault response coordinators at the Academy as necessary.

(2) Selection criteria.—Each sexual assault response coordinator shall be selected based on—

(A) experience and a demonstrated ability to effectively provide victim services related to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and

(B) protection of the individual under applicable law to provide privileged communication.

(3) Confidentiality.—A sexual assault response coordinator shall, to the extent authorized under applicable law, provide confidential services to a cadet at the Academy who reports being a victim of, or witness to, sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(4) Training.—

(A) Verification.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the Maritime Administrator, in consultation with the Director of the Maritime Administration Office of Civil Rights, shall develop a process to verify that each sexual assault response coordinator has completed proper training.

(B) Training requirements.—The training referred to in subparagraph (A) shall include training in—

(i) working with victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking;

(ii) the policies, procedures, and resources of the Academy related to responding to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and

(iii) national, State, and local victim services and resources available to victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking.

(C) Completion of training.—A sexual assault response coordinator shall complete the training referred to in subparagraphs (A) and (B) not later than—

(i) 270 days after enactment of the National Defense Authorization Act for Fiscal Year 2018; or

(ii) 180 days after starting in the role of sexual assault response coordinator.

(5) Duties.—A sexual assault response coordinator shall—

(A) confidentially receive a report from a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking;

(B) inform the victim of—

(i) the victim's rights under applicable law;

(ii) options for reporting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy and law enforcement;

(iii) how to access available services, including emergency medical care, medical forensic or evidentiary examinations, legal services, services provided by rape crisis centers and other victim service providers, services provided by the volunteer sexual assault victim advocates at the Academy, and crisis intervention counseling and ongoing counseling;

(iv) such coordinator's ability to assist in arranging access to such services, with the consent of the victim;

(v) available accommodations, such as allowing the victim to change living arrangements and obtain accessibility services;

(vi) such coordinator's ability to assist in arranging such accommodations, with the consent of the victim;

(vii) the victim's rights and the Academy's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by the Academy or a criminal, civil, or tribal court; and

(viii) privacy limitations under applicable law;

(C) represent the interests of any cadet at the Academy who reports being a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking, even if such interests are in conflict with the interests of the Academy;

(D) advise the victim of, and provide written materials regarding, the information described in subparagraph (B);

(E) liaise with appropriate staff at the Academy, with the victim's consent, to arrange reasonable accommodations through the Academy to allow the victim to change living arrangements, obtain accessibility services, or access other accommodations;

(F) maintain the privacy and confidentiality of the victim, and shall not notify the Academy or any other authority of the identity of the victim or the alleged circumstances surrounding the reported incident unless—

(i) otherwise required by applicable law;

(ii) requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if the information is shared; or

(iii) notwithstanding clause (i) or clause (ii), there is risk of imminent harm to other individuals;

(G) assist the victim in contacting and reporting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy or law enforcement, if requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if information is shared; and

(H) submit to the Director of the Maritime Administration Office of Civil Rights an annual report summarizing how the resources supplied to the coordinator were used during the prior year, including the number of victims assisted by the coordinator.

(b) Oversight.—

(1) In general.—

(A) Reporting.—Each sexual assault response coordinator shall—

(i) report directly to the Superintendent; and

(ii) have concurrent reporting responsibility to the Executive Director of the Maritime Administration on matters related to the Maritime Administration and the Department of Transportation and upon belief that the Academy leadership is acting inappropriately regarding sexual assault prevention and response matters.

(B) Support.—The Maritime Administration Office of Civil Rights shall provide support to the sexual assault response coordinator at the Academy on all sexual harassment, dating violence, domestic violence, sexual assault, or stalking prevention matters.

(2) Prohibition on investigation by the academy.—Any request by a victim for an accommodation, as described in subsection (a)(5)(E), made by a sexual assault response coordinator shall not trigger an investigation by the Academy, even if such coordinator deals only with matters relating to sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(3) Prohibition on retaliation.—A sexual assault response coordinator, victim advocate, or companion may not be disciplined, penalized, or otherwise retaliated against by the Academy for representing the interests of the victim, even if such interests are in conflict with the interests of the Academy.

(c) Special Victims Advisor.—

(1) In general.—The Secretary shall designate an attorney (to be known as the "Special Victims Advisor") for the purpose of providing legal assistance to any cadet of the Academy who is the victim of an alleged sex-related offense regarding administrative and criminal proceedings related to such offense, regardless of whether the report of that offense is restricted or unrestricted.

(2) Special victims advisory.—The Secretary shall ensure that the attorney designated as the Special Victims Advisor has knowledge of the Uniform Code of Military Justice, as well as criminal and civil law.

(3) Privileged communications.—Any communications between a victim of an alleged sex-related offense and the Special Victim Advisor, when acting in their capacity as such, shall have the same protection that applicable law provides for confidential attorney-client communications.

(d) Volunteer Sexual Assault Victim Advocates.—

(1) In general.—The Secretary, acting through the Superintendent of the Academy, shall designate from among volunteers 1 or more permanent employees of the Academy to serve as advocates for victims of sexual assaults involving cadets of the Academy or other Academy personnel.

(2) Training; other duties.—Each victim advocate designated under this subsection shall—

(A) have or receive training in matters relating to sexual assault and the comprehensive policy developed under section 51318; and

(B) serve as a victim advocate voluntarily, in addition to the individual's other duties as an employee of the Academy.

(3) Primary duties.—While performing the duties of a victim advocate under this subsection, a designated employee shall—

(A) support victims of sexual assault by informing them of the rights and resources available to them as victims;

(B) identify additional resources to ensure the safety of victims of sexual assault; and

(C) connect victims of sexual assault to companions, as described in paragraph (4).

(4) Companions.—

(A) In general.—At least 1 victim advocate designated under this subsection, or a sexual assault response coordinator designated under subsection (a), while performing the duties of a victim advocate, shall act as a companion to a victim described in paragraph (1) in navigating investigative, medical, mental, and emotional health, and recovery processes relating to sexual assault.

(B) Alternate victim advocates.—If requested by the victim, an alternate victim advocate shall be designated under this subsection to act as a companion to the victim, as described in subparagraph (A).

(5) Formal relationships with other entities.—The Secretary may enter into formal relationships with other entities to make available additional victim advocates or to implement paragraphs (3) and (4).

(e) Unfilled Vacancies.—The Administrator of the Maritime Administration may appoint qualified candidates to positions under subsections (a) and (d) of this section without regard to sections 3309 through 3319 of title 5.

(Added Pub. L. 114–328, div. C, title XXXV, §3511(a), Dec. 23, 2016, 130 Stat. 2785; amended Pub. L. 115–91, div. C, title XXXV, §3515(a), (b) (formerly §3515(c)), Dec. 12, 2017, 131 Stat. 1924, 1927, §3515(b) renumbered §3515(c), Pub. L. 117–263, div. C, title XXXV, §3513(c)(2), Dec. 22, 2022, 136 Stat. 3068; Pub. L. 117–263, div. C, title XXXV, §3531(e), Dec. 23, 2022, 136 Stat. 3088.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2018 and enactment of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (a)(4)(A), (C)(i), are the date of enactment of Pub. L. 115–91, which was approved Dec. 12, 2017.

Amendments

2022—Subsecs. (c), (d). Pub. L. 117–263, §3531(e)(1), (2), added subsec. (c) and redesignated former subsec. (c) as (d).

Subsec. (e). Pub. L. 117–263, §3531(e)(3), added subsec. (e).

2017—Subsecs. (a) to (c). Pub. L. 115–91, §3515(a), added subsecs. (a) and (b), redesignated former subsec. (b) as (c), and struck out former subsec. (a) which read as follows: "Sexual Assault Response Coordinators.—The United States Merchant Marine Academy shall employ or contract with at least 1 full-time sexual assault response coordinator who shall reside at or near the Academy. The Secretary of Transportation may assign additional full-time or part-time sexual assault response coordinators at the Academy as necessary."

Subsec. (c)(5), (6). Pub. L. 115–91, §3515(b), formerly §3515(c), as renumbered by Pub. L. 117–263, §3513(c)(2), redesignated par. (6) as (5), substituted "paragraphs (3) and (4)" for "paragraphs (3), (4), and (5)", and struck out former par. (5) which read as follows: "Hotline.—The Secretary shall establish a 24-hour hotline through which the victim of a sexual assault described in paragraph (1) can receive victim support services."

§51320. Acceptance of guarantees with gifts for major projects

(a) Definitions.—In this section:

(1) Major project.—The term "major project" means a project estimated to cost at least $1,000,000 for—

(A) the purchase or other procurement of real or personal property; or

(B) the construction, renovation, or repair of real or personal property.

(2) Major united states commercial bank.—The term "major United States commercial bank" means a commercial bank that—

(A) is an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h)));

(B) is headquartered in the United States; and

(C) has total net assets of an amount considered by the Maritime Administrator to qualify the bank as a major bank.

(3) Major united states investment management firm.—The term "major United States investment management firm" means—

(A) any broker or dealer (as such terms are defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c));

(B) any investment adviser or provider of investment supervisory services (as such terms are defined in section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2)); or

(C) a major United States commercial bank that—

(i) is headquartered in the United States; and

(ii) holds for the account of others investment assets in a total amount considered by the Maritime Administrator to qualify the bank as a major investment management firm.

(4) Qualified guarantee.—The term "qualified guarantee", with respect to a major project, means a guarantee that—

(A) is made by 1 or more persons in connection with a donation for the project of a total amount in cash or securities that the Maritime Administrator determines is sufficient 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 anticipation 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 providing 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 paying the cost of completing the project by reason of a failure to obtain from other donors or sources funds or other resources in amounts sufficient to pay the cost of completing 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 Academy that is in the amount of the guarantee and is issued by a major United States commercial bank; or

(ii) a qualified account control agreement.

(5) Qualified account control agreement.—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 security 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 guaranteed; and

(D) requires the investment management firm, whenever the value of the account is less than the value required to be maintained under subparagraph (C), to liquidate any noncash assets in the account and reinvest the proceeds in Treasury bills issued under section 3104 of title 31.

(b) Acceptance Authority.—Subject to subsection (d), the Maritime Administrator may accept a qualified guarantee from a donor or donors for the completion of a major project for the benefit of the United States Merchant Marine Academy.

(c) Obligation Authority.—The amount of a qualified guarantee accepted under this section shall be considered as contract authority to provide obligation authority for purposes of Federal fiscal and contractual requirements. Funds available for a project for which such a guarantee has been accepted may be obligated and expended for the project without regard to whether the total amount of funds and other resources 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 section 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 submitted 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 research

(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 Department of Transportation), a State, a corporation, a fund, a foundation, an educational institution, or a similar entity that is organized and operated primarily for scientific or educational purposes; and

(2) is to be used to carry out a research project with a scientific or educational purpose.

(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 Maritime Administrator shall establish a separate account for administering funds received from research grants under this section.

(2) Use of grant funds.—The Superintendent 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 limitations 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 applying 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 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.

(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.

(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.

(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 vessels that host a cadet from the Academy.

(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.

(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 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.

(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.

(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 related 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) redesignated (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), redesignated subsec. (c) as (f) and substituted "and the seafarer 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 section 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 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."

§51323. United States Merchant Marine Academy Advisory Council

(a) Establishment.—The Secretary of Transportation shall establish an advisory council, to be known as the "United States Merchant Marine 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 individuals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appropriate 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 purpose 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 provide 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 Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions.

(b) Critical Position Defined.—In this section, the term "critical position" means a position that contributes to the improvement of—

(1) the culture or infrastructure of the Academy;

(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 establish within the United States Merchant Marine Academy Sexual Assault prevention and Response Program, an information management system to track and maintain, in such a manner that patterns can be reasonably identified, information regarding claims and incidents involving cadets that are reportable pursuant to subsection (d) of section 51318 of this chapter.

(2) Information maintained in the system.—Information maintained in the system established under paragraph (1) shall include the following information, to the extent that information is available:

(A) The overall number of sexual assault or sexual harassment incidents per fiscal year.

(B) The location of each such incident, including vessel name and the name of the company operating the vessel, if applicable.

(C) The standardized job title or position of the individuals involved in each such incident.

(D) The general nature of each such incident, to include copies of any associated reports completed on the incidents.

(E) The type of inquiry made into each such incident.

(F) A record of whether each such incident was substantiated by the relevant investigative process.

(3) Past information included.—The information management system under this section shall include the relevant data listed in this subsection related to sexual assault and sexual harassment that the Maritime Administrator possesses, and shall not be limited to data collected after January 1, 2023.

(4) Privacy protections.—The Maritime Administrator and the Chief Information Officer of the Department of Transportation shall coordinate to ensure that the information management system under this section shall—

(A) be established and maintained in a secure fashion to ensure the protection of the privacy of any individuals whose information is entered in such system; and

(B) be free of personally identifiable information and maintain only the data required to satisfy the statistical purpose of such system.

(5) Cybersecurity audit.—Ninety days after the implementation of the information management system, the Office of Inspector General of the Department of Transportation shall commence an audit of the cybersecurity of the system and shall submit a report containing the results of that audit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(6) Correcting records.—In establishing the information management system, the Maritime Administrator shall create a process to ensure that if any incident report results in a final agency action or final judgement that acquits an individual of wrongdoing, all personally identifiable information about the acquitted individual is removed from that incident report in the system.

(b) Sea Year Program.—The Maritime Administrator shall provide for the establishment of in-person and virtual confidential exit interviews, to be conducted by personnel who are not involved in the assignment of the midshipmen to a Sea Year vessel, for midshipmen from the Academy upon completion of Sea Year and following completion by the midshipmen of the survey under section 51322(d).¹

(c) Data-informed Decisionmaking.—The data maintained in the data management system under subsection (a) and through the exit interviews under subsection (b) shall be affirmatively referenced and used to inform the creation of new policy or regulation, or changes to any existing policy or regulation, in the areas of sexual harassment, dating violence, domestic violence, sexual assault, and stalking.

(Added Pub. L. 117–263, div. C, title XXXV, §3531(a), Dec. 23, 2022, 136 Stat. 3083.)

Editorial Notes

References in Text

Section 51322(d), referred to in subsec. (b), probably should be a reference to section 51322(g) of this title. Subsec. (d) of section 51322, which relates to the completion of a survey by a cadet upon the completion of the cadet's Sea Year, was redesignated as subsec. (g) of section 51322 by Pub. L. 117–263, §3513(a)(2). Subsec. (d) of section 51322, as added by Pub. L. 117–263, §3513(a)(1), provides that the Maritime Administrator is to ensure that a cadet participating in Sea Year has certain information, training, and resources.

¹ See References in Text note below.

§51326. Student advisory board at the United States Merchant Marine Academy

(a) In General.—The Maritime Administrator shall establish at the United States Merchant Marine Academy an advisory board to be known as the Advisory Board to the Secretary of Transportation (referred to in this section as the "Advisory Board").

(b) Membership.—The Advisory Board shall be composed of not fewer than 12 midshipmen of the Merchant Marine Academy who are enrolled at the Merchant Marine Academy at the time of the appointment, including not fewer than 3 cadets from each class.

(c) Appointment; Term.—Midshipmen shall serve on the Advisory Board pursuant to appointment by the Maritime Administrator. Appointments shall be made not later than 60 days after the date of the swearing in of a new class of midshipmen at the Academy. The term of membership of a midshipmen on the Advisory Board shall be 1 academic year.

(d) Reappointment.—The Maritime Administrator may reappoint not more than 6 cadets from the previous term to serve on the Advisory Board for an additional academic year if the Maritime Administrator determines such reappointment to be in the best interests of the Merchant Marine Academy.

(e) Meetings.—The Advisory Board shall meet with the Secretary of Transportation not less than once each academic year to discuss the activities of the Advisory Board. The Advisory Board shall meet in person with the Maritime Administrator not less than 2 times each academic year to discuss the activities of the Advisory Board.

(f) Duties.—The Advisory Board shall—

(1) identify health and wellbeing, diversity, and sexual assault and harassment challenges and other topics considered important by the Advisory Board facing midshipmen at the Merchant Marine Academy, off campus, and while aboard ships during Sea Year or other training opportunities;

(2) discuss and propose possible solutions, including improvements to culture and leadership development at the Merchant Marine Academy; and

(3) periodically review the efficacy of the program in section 51325(b), as appropriate, and provide recommendations to the Maritime Administrator for improvement.

(g) Working Groups.—The Advisory Board may establish one or more working groups to assist the Advisory Board in carrying out its duties, including working groups composed in part of midshipmen at the Merchant Marine Academy who are not current members of the Advisory Board.

(h) Reports and Briefings.—The Advisory Board shall regularly provide the Secretary of Transportation and the Maritime Administrator reports and briefings on the results of its duties, including recommendations for actions to be taken in light of such results. Such reports and briefings may be provided in writing, in person, or both.

(Added Pub. L. 117–263, div. C, title XXXV, §3531(a), Dec. 23, 2022, 136 Stat. 3085.)

§51327. Sexual Assault Advisory Council

(a) Establishment.—The Secretary of Transportation shall establish a Sexual Assault Advisory Council (in this section referred to as the "Council").

(b) Membership.—

(1) In general.—The Council shall be composed of not fewer than 8 and not more than 14 individuals selected by the Secretary of Transportation who are alumni that have graduated within the last 4 years or current midshipmen of the United States Merchant Marine Academy (including midshipmen or alumni who were victims of sexual assault, to the maximum extent practicable, and midshipmen or alumni who were not victims of sexual assault) and governmental and nongovernmental experts and professionals in the sexual assault field.

(2) Experts included.—The Council shall include—

(A) not less than 1 member who is licensed in the field of mental health and has prior experience working as a counselor or therapist providing mental health care to survivors of sexual assault in a victim services agency or organization; and

(B) not less than 1 member who has prior experience developing or implementing sexual assault or sexual harassment prevention and response policies in an academic setting.

(3) Rules regarding membership.—No employee of the Department of Transportation shall be a member of the Council. The number of governmental experts appointed to the Council shall not exceed the number of nongovernmental experts.

(c) Duties; Authorized Activities.—

(1) In general.—The Council shall meet not less often than semiannually to—

(A) review—

(i) the policies on sexual harassment, dating violence, domestic violence, sexual assault, and stalking under section 51318 of this title;

(ii) the trends and patterns of data contained in the system described under section 51325 of this title; and

(iii) related matters the Council views as appropriate; and

(B) develop recommendations designed to ensure that such policies and such matters conform, to the extent practicable, to best practices in the field of sexual assault and sexual harassment response and prevention.

(2) Authorized activities.—To carry out this subsection, the Council may—

(A) interview current and former midshipmen of the United States Merchant Marine Academy (to the extent that such midshipmen provide the Department of Transportation express consent to be interviewed by the Council); and

(B) review surveys under section 51322(d).¹

(3) Personally identifiable information.—In carrying out this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information.

(d) Reports.—On an annual basis for each of the 5 years after the date of enactment of this section, and at the discretion of the Council thereafter, the Council shall submit, to the President and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, a report on the Council's findings based on the reviews conducted pursuant to subsection (c) and related recommendations.

(e) Employee Status.—Members of the Council shall not be considered employees of the United States Government for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5.

(f) Nonapplicability of FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) ¹ shall not apply to the Council.

(Added Pub. L. 117–263, div. C, title XXXV, §3531(a), Dec. 23, 2022, 136 Stat. 3086.)

Editorial Notes

References in Text

Section 51322(d), referred to in subsec. (c)(2)(B), probably should be a reference to section 51322(g) of this title. Subsec. (d) of section 51322, which relates to the completion of a survey by a cadet upon the completion of the cadet's Sea Year, was redesignated as subsec. (g) of section 51322 by Pub. L. 117–263, §3513(a)(2). Subsec. (d) of section 51322, as added by Pub. L. 117–263, §3513(a)(1), provides that the Maritime Administrator is to ensure that a cadet participating in Sea Year has certain information, training, and resources.

The date of enactment of this section, referred to in subsec. (d), is the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022.

The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§1001 et seq.) of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

¹ See References in Text note below.

§51328. Student support

The Maritime Administrator shall—

(1) require a biannual survey of midshipmen, faculty, and staff of the Academy assessing the environment of the Academy; and

(2) require an annual survey of faculty and staff of the Academy assessing the Sea Year program.

(Added Pub. L. 117–263, div. C, title XXXV, §3531(a), Dec. 23, 2022, 136 Stat. 3087.)

Statutory Notes and Related Subsidiaries

United States Merchant Marine Academy Student Support Plan

Pub. L. 117–263, div. C, title XXXV, §3531(d), Dec. 23, 2022, 136 Stat. 3087, provided that:

"(1) Student support plan.—Not later than January 1, 2023, the Maritime Administrator shall issue a Student Support Plan for the United States Merchant Marine Academy, in consultation with relevant mental health professionals in the Federal Government or experienced with the maritime industry or related industries. Such plan shall—

"(A) address the mental health resources available to midshipmen, both on-campus and during Sea Year;

"(B) establish a tracking system for suicidal ideations and suicide attempts of midshipmen, which excludes personally identifiable information;

"(C) create an option for midshipmen to obtain assistance from a professional care provider virtually; and

"(D) require an annual survey of faculty and staff assessing the adequacy of mental health resources for midshipmen of the Academy, both on campus and during Sea Year.

"(2) Report to congress.—Not later than 30 days after the date of enactment of this section [Dec. 23, 2022], the Maritime Administrator shall provide Congress with a report on the resources necessary to properly implement this subsection."