---
kind: "section"
citation: "46 U.S.C. § 51322"
title: "46"
title_heading: "Shipping"
number: "51322"
heading: "Protection of cadets from sexual assault onboard vessels"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/51322"
units:
  - "Subtitle V — Merchant Marine"
  - "Part B — Merchant Marine Service"
  - "Chapter 513 — United States Merchant Marine Academy"
---

# §51322. Protection of cadets from sexual assault onboard vessels

- (a) **Safety Criteria.—** The Maritime [Administrator](/usc/46/53701.md?p=2), after consulting with the [Commandant](/usc/46/2101.md?p=3) of the [Coast Guard](/usc/46/2101.md?p=2), shall establish—
  - (1) criteria, to which an owner or operator of a [vessel](/usc/46/53501.md?p=9) engaged in [commercial service](/usc/46/2101.md?p=4) shall adhere prior to carrying a cadet performing their Sea Year service from the [United States](/usc/46/53101.md?p=10) Merchant Marine [Academy](/usc/46/51102.md?p=1), that addresses prevention of, and response to, [sexual harassment](/usc/46/2101.md?p=48), dating violence, domestic violence, [sexual assault](/usc/46/2101.md?p=47), 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](/usc/46/51102.md?p=1), pursuant to [section 51318](/usc/46/51318.md), the Maritime [Administrator](/usc/46/53701.md?p=2) shall develop and implement comprehensive in-[person](/usc/46/53101.md?p=6) [sexual assault](/usc/46/2101.md?p=47) risk-reduction and response training that, to the extent practicable, conforms to best practices in the [sexual assault](/usc/46/2101.md?p=47) prevention and response field and includes appropriate scenario-based training.
    - (B) **Development and consultation with experts.—** In developing the [sexual assault](/usc/46/2101.md?p=47) risk-reduction and response training under [subparagraph (A)](#a-3-A), the Maritime [Administrator](/usc/46/53701.md?p=2) shall consult with and incorporate, as appropriate, the recommendations and views of experts in the [sexual assault](/usc/46/2101.md?p=47) field.
- (b) **Minimum Standards.—** At a minimum, the criteria established under [subsection (a)](#a) shall require the [vessel](/usc/46/53501.md?p=9) 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](/usc/46/2101.md?p=48), dating violence, domestic violence, [sexual assault](/usc/46/2101.md?p=47), and stalking;
  - (2) the safety and security of cadet staterooms while a cadet is onboard the [vessel](/usc/46/53501.md?p=9);
  - (3) requirements for crew to report complaints or incidents of [sexual assault](/usc/46/2101.md?p=47), [sexual harassment](/usc/46/2101.md?p=48), dating violence, domestic violence, and stalking consistent with the requirements in [section 10104](/usc/46/10104.md);
  - (4) the maintenance of records of reports of [sexual harassment](/usc/46/2101.md?p=48), dating violence, domestic violence, [sexual assault](/usc/46/2101.md?p=47), and stalking onboard a [vessel](/usc/46/53501.md?p=9) carrying a cadet;
  - (5) the maintenance of records of [sexual harassment](/usc/46/2101.md?p=48), dating violence, domestic violence, [sexual assault](/usc/46/2101.md?p=47), and stalking training as required under [subsection (f)](#f);
  - (6) a requirement for the owner or operator provide each cadet a copy of the policies and procedures related to [sexual harassment](/usc/46/2101.md?p=48), dating violence, domestic violence, [sexual assault](/usc/46/2101.md?p=47), and stalking policies that pertain to the [vessel](/usc/46/53501.md?p=9) on which they will be employed; and
  - (7) any other issues the Maritime [Administrator](/usc/46/53701.md?p=2) determines necessary to ensure the safety of cadets during Sea Year training.
- (c) **Self-certification by Owners or Operators.—** The Maritime [Administrator](/usc/46/53701.md?p=2) shall require the owner or operator of any commercial [vessel](/usc/46/53501.md?p=9) that is carrying a cadet from the [United States](/usc/46/53101.md?p=10) Merchant Marine [Academy](/usc/46/51102.md?p=1) to annually certify that—
  - (1) the [vessel](/usc/46/53501.md?p=9) owner or operator is in compliance with the criteria established under [subsection (a)](#a); and
  - (2) the [vessel](/usc/46/53501.md?p=9) is in compliance with the International Convention of Safety of Life at Sea, 1974 (32 UST 47) and sections [8106](/usc/46/8106.md) and [70103(c)](/usc/46/70103.md?p=c).
- (d) **Information, Training, and Resources.—** The Maritime [Administrator](/usc/46/53701.md?p=2) shall ensure that a cadet participating in Sea Year—
  - (1) receives training specific to [vessel](/usc/46/53501.md?p=9) safety, including [sexual harassment](/usc/46/2101.md?p=48), dating violence, domestic violence, [sexual assault](/usc/46/2101.md?p=47), and stalking prevention and response training, prior to the cadet boarding a [vessel](/usc/46/53501.md?p=9) 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](/usc/46/2101.md?p=48), dating violence, domestic violence, [sexual assault](/usc/46/2101.md?p=47), or stalking that is monitored by trained personnel; and
  - (4) is informed of the legal requirements for [vessel](/usc/46/53501.md?p=9) owners and operators to provide for the security of individuals onboard, including requirements under [section 70103(c)](/usc/46/70103.md?p=c) and chapter 81.
- (e) **Checks of Commercial Vessels.—**
  - (1) **Requirement.—** Not less frequently than biennially, staff of the [Academy](/usc/46/51102.md?p=1) or staff of the Maritime Administration shall conduct both random and targeted unannounced checks of not less than 10 percent of the commercial [vessels](/usc/46/53501.md?p=9) that host a cadet from the [Academy](/usc/46/51102.md?p=1).
  - (2) **Access to information.—** The [vessel](/usc/46/53501.md?p=9) operator shall make available to staff conducting a [vessel](/usc/46/53501.md?p=9) check such information as the Maritime [Administrator](/usc/46/53701.md?p=2) determines is necessary to determine whether the [vessel](/usc/46/53501.md?p=9) is being operated in compliance with the criteria established under [subsection (a)](#a).
  - (3) **Removal of students.—** If staff of the [Academy](/usc/46/51102.md?p=1) or staff of the Maritime Administration determine that a commercial [vessel](/usc/46/53501.md?p=9) is not in compliance with the criteria established under [subsection (a)](#a), the staff—
    - (A) may remove a cadet of the [Academy](/usc/46/51102.md?p=1) from the [vessel](/usc/46/53501.md?p=9); and
    - (B) shall report such determination of non-compliance to the owner or operator of the [vessel](/usc/46/53501.md?p=9).
- (f) **Maintenance of Sexual Assault Training Records.—** The Maritime [Administrator](/usc/46/53701.md?p=2) shall require the owner or operator of a commercial [vessel](/usc/46/53501.md?p=9), and the seafarer union for a commercial [vessel](/usc/46/53501.md?p=9), to maintain records of [sexual assault](/usc/46/2101.md?p=47) training for any [person](/usc/46/53101.md?p=6) required to have such training.
- (g) **Sea Year Survey.—**
  - (1) **Requirement.—** The Maritime [Administrator](/usc/46/53701.md?p=2) shall require each cadet from the [Academy](/usc/46/51102.md?p=1), upon completion of the cadet’s Sea Year, to complete a survey regarding the environment and conditions during the Sea Year of the [vessel](/usc/46/53501.md?p=9) to which the cadet was assigned.
  - (2) **Availability.—** The Maritime [Administrator](/usc/46/53701.md?p=2) shall make available to the public for each year—
    - (A) the questions used in the survey required by [paragraph (1)](#g-1); and
    - (B) the aggregated data received from such surveys.
- (h) **Noncommercial Vessels.—**
  - (1) **In general.—** A [public vessel](/usc/46/2101.md?p=35) (as defined in [section 2101](/usc/46/2101.md)) shall not be subject to the requirements of this section.
  - (2) **Requirements for participation.—** The Maritime [Administrator](/usc/46/53701.md?p=2) may establish criteria and requirements that the operators of [public vessels](/usc/46/2101.md?p=35) shall meet to participate in the Sea Year program of the [United States](/usc/46/53101.md?p=10) Merchant Marine [Academy](/usc/46/51102.md?p=1) that addresses prevention of, and response to, [sexual harassment](/usc/46/2101.md?p=48), dating violence, domestic violence, [sexual assault](/usc/46/2101.md?p=47), and stalking.
- (i) **Sharing of Best Practices.—** The Maritime [Administrator](/usc/46/53701.md?p=2) shall share with [State maritime academies](/usc/46/51102.md?p=4) best practices for, and lessons learned with respect to, the prevention of, and response to, [sexual harassment](/usc/46/2101.md?p=48), dating violence, domestic violence, [sexual assault](/usc/46/2101.md?p=47), and stalking.

## Source credit

(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.)

## Notes

### 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: 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]. 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.”