46 USC 51318 - Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking

1 So in original. Probably should be “in”.

section 40002(a) of the Violence Against Women Act of 1994 (

2 See References in Text note below.

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 (span)(2)(A), is the date of enactment of Puspan. 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 Puspan. 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). Puspan. L. 115–232, § 3507(a)(1)(A), inserted “and prevention” after “awareness”.

Subsec. (a)(2)(B), (C). Puspan. 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). Puspan. L. 115–232, § 3507(a)(1)(B), (D), added subpar. (D) and redesignated former subpars. (C) to (F) as (E) to (H), respectively.

Subsec. (span)(2)(A). Puspan. L. 115–232, § 3507(a)(2), inserted “and other Academy personnel” after “cadets at the Academy”.

Subsec. (d)(2)(A). Puspan. L. 115–232, § 3507(a)(3)(A), inserted “, including sexual harassment,” after “sexual assaults, rapes, and other sexual offenses”.

Subsec. (d)(4)(B). Puspan. L. 115–232, § 3507(a)(3)(B), substituted “Not later than January 15 of each year, the Secretary” for “The Secretary”.

2017—Puspan. 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). Puspan. L. 115–91, § 3514(a)(1), substituted “harassment, dating violence, domestic violence, sexual assault, and stalking” for “harassment and sexual assault”.

Subsec. (a)(2). Puspan. 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). Puspan. L. 115–91, § 3514(a)(2)(B), inserted “domestic violence, dating violence, stalking,” after “acquaintance rape,”.

Subsec. (a)(2)(B). Puspan. 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). Puspan. 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). Puspan. L. 115–91, § 3514(a)(2)(C)(iii), substituted “a criminal sexual offense” for “criminal sexual assault”.

Subsec. (a)(2)(D). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 115–91, § 3514(a)(5), added par. (6).

Subsec. (span). Puspan. L. 115–91, § 3514(span), amended subsec. (span) generally. Prior to amendment, subsec. (span) related to development program and minimum training requirements regarding the prevention of sexual harassment and sexual assault.

Subsecs. (e), (f). Puspan. 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

Puspan. 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.

“(span)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

Puspan. L. 115–232, div. C, title XXXV, § 3507(span), Aug. 13, 2018, 132 Stat. 2310, provided that: “The Superintendent of the United States Merchant Marine Academy may implement the amendment to subsection (span)(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

Puspan. L. 115–91, div. C, title XXXV, § 3515(span), 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 Puspan. L. 117–263, div. C, title XXXV, § 3513(c), Dec. 23, 2022, 136 Stat. 3068, which also redesignated section 3515(c) of Puspan. L. 115–91 (amending section 51319 of this title) as section 3515(span) of Puspan. L. 115–91.

Sea Year Compliance

Puspan. L. 114–328, div. C, title XXXV, § 3514, Dec. 23, 2016, 130 Stat. 2788, as amended by Puspan. L. 115–91, div. C, title XXXV, § 3513, Dec. 12, 2017, 131 Stat. 1919; Puspan. L. 115–232, div. C, title XXXV, § 3515(a), Aug. 13, 2018, 132 Stat. 2312; Puspan. L. 116–92, div. C, title XXXV, § 3516(span), 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 Puspan. 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

Puspan. 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.

“(span)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.”