[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6866 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 6866

     To amend title 46, United States Code, to provide for certain 
protections against sexual harassment and sexual assault, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2022

   Mr. DeFazio (for himself, Mr. Carbajal, Ms. Norton, Mr. Larsen of 
  Washington, Mr. Carson, Ms. Titus, Mr. Sean Patrick Maloney of New 
 York, Ms. Brownley, Ms. Wilson of Florida, Mr. Payne, Mr. Lowenthal, 
 Mr. Lynch, Mr. Brown of Maryland, and Miss Gonzalez-Colon) introduced 
      the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
   Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To amend title 46, United States Code, to provide for certain 
protections against sexual harassment and sexual assault, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safer Seas Act''.

SEC. 2. DEFINITIONS.

    (a) In General.--Section 2101 of title 46, United States Code, is 
amended--
            (1) by redesignating paragraphs (45) through (54) as 
        paragraphs (47) through (56), respectively; and
            (2) by inserting after paragraph (44) the following:
            ``(45) `sexual assault' means any form of abuse or contact 
        as defined in chapter 109A of title 18, or a substantially 
        similar State, local, or Tribal offense.
            ``(46) `sexual harassment' means--
                    ``(A) conduct that--
                            ``(i) involves unwelcome sexual advances, 
                        requests for sexual favors, or deliberate or 
                        repeated offensive comments or gestures of a 
                        sexual nature if any--
                                    ``(I) submission to such conduct is 
                                made either explicitly or implicitly a 
                                term or condition of employment, pay, 
                                career, benefits, or entitlements of 
                                the individual;
                                    ``(II) submission to, or rejection, 
                                of such conduct by an individual is 
                                used as a basis for decisions affecting 
                                that individual's job, pay, career, 
                                benefits, or entitlements;
                                    ``(III) such conduct has the 
                                purpose or effect of unreasonably 
                                interfering with an individual's work 
                                performance or creates an intimidating, 
                                hostile, or offensive work environment; 
                                or
                                    ``(IV) conduct may have been by an 
                                individual's supervisor, a supervisor 
                                in another area, a co-worker, or 
                                another credentialed mariner; and
                            ``(ii) is so severe or pervasive that a 
                        reasonable person would perceive, and the 
                        victim does perceive, the environment as 
                        hostile or offensive;
                    ``(B) any use or condonation associated with 
                firsthand or personal knowledge, by any individual in a 
                supervisory or command position, of any form of sexual 
                behavior to control, influence, or affect the career, 
                pay, benefits, entitlements, or employment of a 
                subordinate; and
                    ``(C) any deliberate or repeated unwelcome verbal 
                comment or gesture of a sexual nature by any fellow 
                employee of the complainant.''.
    (b) Report.--The Commandant of the Coast Guard shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report describing any changes the 
Commandant may propose to the definitions added by the amendments in 
subsection (a).

SEC. 3. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.

    (a) In General.--Chapter 75 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 7511. Convicted sex offender as grounds for denial
    ``(a) Sexual Abuse.--A license, certificate of registry, or 
merchant mariner's document authorized to be issued under this part 
shall be denied to an individual who has been convicted of a sexual 
offense prohibited under chapter 109A of title 18, except for 
subsection (b) of section 2244 of title 18, or a substantially similar 
State, local, or Tribal offense.
    ``(b) Abusive Sexual Contact.--A license, certificate of registry, 
or merchant mariner's document authorized to be issued under this part 
may be denied to an individual who within 5 years before applying for 
the license, certificate, or document, has been convicted of a sexual 
offense prohibited under subsection (b) of section 2244 of title 18, or 
a substantially similar State, local, or Tribal offense.''.
    (b) Clerical Amendment.--The analysis for chapter 75 of title 46, 
United States Code, is amended by adding at the end the following:

``7511. Convicted sex offender as grounds for denial.''.

SEC. 4. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR SUSPENSION 
              OR REVOCATION.

    (a) In General.--Chapter 77 of title 46, United States Code, is 
amended by inserting after section 7704 the following:
``Sec. 7704a. Sexual harassment or sexual assault as grounds for 
              suspension or revocation
    ``(a) Sexual Harassment.--If it is shown at a hearing under this 
chapter that a holder of a license, certificate of registry, or 
merchant mariner's document issued under this part, within 5 years 
before the beginning of the suspension and revocation proceedings, is 
the subject of an official finding of sexual harassment, then the 
license, certificate of registry, or merchant mariner's document may be 
suspended or revoked.
    ``(b) Sexual Assault.--If it is shown at a hearing under this 
chapter that a holder of a license, certificate of registry, or 
merchant mariner's document issued under this part, within 10 years 
before the beginning of the suspension and revocation proceedings, is 
the subject of an official finding of sexual assault, then the license, 
certificate of registry, or merchant mariner's document shall be 
revoked.
    ``(c) Official Finding.--
            ``(1) In general.--In this section, the term `official 
        finding' means--
                    ``(A) a legal proceeding or agency finding or 
                decision that determines the individual committed 
                sexual harassment or sexual assault in violation of any 
                Federal, State, local, or Tribal law or regulation; or
                    ``(B) a determination after an investigation by the 
                Coast Guard that, by a preponderance of the evidence, 
                the individual committed sexual harassment or sexual 
                assault if the investigation affords appropriate due 
                process rights to the subject of the investigation.
            ``(2) Investigation by the coast guard.--An investigation 
        by the Coast Guard under paragraph (1)(B) shall include, at a 
        minimum, evaluation of the following materials that, upon 
        request, shall be provided to the Coast Guard:
                    ``(A) Any inquiry or determination made by the 
                employer or former employer of the individual as to 
                whether the individual committed sexual harassment or 
                sexual assault.
                    ``(B) Any investigative materials, documents, 
                records, or files in the possession of an employer or 
                former employer of the individual that are related to 
                the claim of sexual harassment or sexual assault by the 
                individual.
            ``(3) Administrative law judge review.--
                    ``(A) Coast guard investigation.--A determination 
                under paragraph (1)(B) shall be reviewed and affirmed 
                by an administrative law judge within the same 
                proceeding as any suspension or revocation of a 
                license, certificate of registry, or merchant mariner's 
                document under subsection (a) or (b).
                    ``(B) Legal proceeding.--A determination under 
                paragraph (1)(A) that an individual committed sexual 
                harassment or sexual assault is conclusive in 
                suspension and revocation proceedings.''.
    (b) Clerical Amendment.--The chapter analysis of chapter 77 of 
title 46, United States Code, is amended by inserting after the item 
relating to section 7704 the following:

``7704a. Sexual harassment or sexual assault as grounds for suspension 
                            or revocation.''.

SEC. 5. ACCOMMODATION; NOTICES.

    Section 11101 of title 46, United States Code, is amended--
            (1) in subsection (a)(3), by striking ``and'' at the end;
            (2) in subsection (a)(4), by striking the period at the end 
        and inserting ``; and'';
            (3) in subsection (a), by adding at the end the following:
            ``(5) each crew berthing area shall be equipped with 
        information regarding--
                    ``(A) vessel owner or company policies prohibiting 
                sexual assault and sexual harassment, retaliation, and 
                drug and alcohol usage; and
                    ``(B) procedures and resources to report crimes, 
                including sexual assault and sexual harassment, 
                including information--
                            ``(i) on the contact information, website 
                        address, and mobile application to the Coast 
                        Guard Investigative Services for reporting of 
                        crimes and the Coast Guard National Command 
                        Center;
                            ``(ii) on vessel owner or company 
                        procedures to report violations of company 
                        policy and access resources;
                            ``(iii) on resources provided by outside 
                        organizations such as sexual assault hotlines 
                        and counseling;
                            ``(iv) on the retention period for 
                        surveillance video recording after an incident 
                        of sexual harassment or sexual assault is 
                        reported; and
                            ``(v) additional items specified in 
                        regulations issued by, and at the discretion 
                        of, the Secretary of the department in which 
                        the Coast Guard is operating.''; and
            (4) in subsection (d), by adding at the end the following: 
        ``In each washing space in a visible location there shall be 
        information regarding procedures and resources to report crimes 
        upon the vessel, including sexual assault and sexual 
        harassment, and vessel owner or company policies prohibiting 
        sexual assault and sexual harassment, retaliation, and drug and 
        alcohol usage.''.

SEC. 6. PROTECTION AGAINST DISCRIMINATION.

    Section 2114(a)(1) of title 46, United States Code, is amended--
            (1) by redesignating subparagraphs (B) through (G) as 
        subsections (C) through (H), respectively; and
            (2) by inserting after subparagraph (A) the following:
            ``(B) the seaman in good faith has reported or is about to 
        report to the vessel owner, Coast Guard or other appropriate 
        Federal agency or department sexual harassment or sexual 
        assault against the seaman or knowledge of sexual harassment or 
        sexual assault against another seaman;''.

SEC. 7. ALCOHOL PROHIBITION.

    (a) Regulations.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the department in which 
        the Coast Guard is operating shall, taking into account the 
        safety and security of every individual on documented vessels, 
        issue such regulations as are necessary relating to alcohol 
        consumption on documented vessels, according to the following 
        requirements:
                    (A) The Secretary shall determine safe levels of 
                alcohol consumption by crewmembers aboard documented 
                vessels engaged in commercial service.
                    (B) If the Secretary determines there is no alcohol 
                policy that can be implemented to ensure a safe 
                environment for crew and passengers, the Secretary 
                shall implement a prohibition on possession and 
                consumption of alcohol by crewmembers while aboard a 
                vessel, except when possession is associated with the 
                commercial sale or gift to non-crewmembers aboard the 
                vessel.
            (2) Immunity from civil liability.--Any crewmember who 
        reports an incident of sexual assault or sexual harassment that 
        is directly related to a violation of the regulations issued 
        under paragraph (1) is immune from civil liability for any 
        related violation of such regulations.

SEC. 8. SURVEILLANCE REQUIREMENTS.

    (a) In General.--Part B of subtitle II of title 46, United States 
Code, is amended by adding at the end the following:

       ``CHAPTER 49--OCEANGOING NON-PASSENGER COMMERCIAL VESSELS

``Sec.
``4901. Surveillance requirements.
``Sec. 4901. Surveillance requirements
    ``(a) In General.--A vessel engaged in commercial service that does 
not carry passengers, shall maintain a video surveillance system.
    ``(b) Applicability.--The requirements in this section shall apply 
to--
            ``(1) documented vessels with overnight accommodations for 
        at least 10 persons on board--
                    ``(A) is on a voyage of at least 600 miles and 
                crosses seaward of the Boundary Line; or
                    ``(B) is at least 24 meters (79 feet) in overall 
                length and required to have a load line under chapter 
                51;
            ``(2) documented vessels of at least 500 gross tons as 
        measured under section 14502, or an alternate tonnage measured 
        under section 14302 as prescribed by the Secretary under 
        section 14104 on an international voyage; and
            ``(3) vessels with overnight accommodations for at least 10 
        persons on board that are operating for no less than 72 hours 
        on waters superjacent to the Outer Continental Shelf.
    ``(c) Placement of Video and Audio Surveillance Equipment.--
            ``(1) In general.--The owner of a vessel to which this 
        section applies shall install video and audio surveillance 
        equipment aboard the vessel not later than 2 years after 
        enactment of the Safer Seas Act, or during the next scheduled 
        drydock, whichever is later.
            ``(2) Locations.--Video and audio surveillance equipment 
        shall be placed in passageways on to which doors from 
        staterooms open. Such equipment shall be placed in a manner 
        ensuring the visibility of every door in each such passageway.
    ``(d) Notice of Video and Audio Surveillance.--The owner of a 
vessel to which this section applies shall provide clear and 
conspicuous signs on board the vessel notifying the crew of the 
presence of video and audio surveillance equipment.
    ``(e) Access to Video and Audio Records.--
            ``(1) In general.--The owner of a vessel to which this 
        section applies shall provide to any Federal, State, or other 
        law enforcement official performing official duties in the 
        course and scope of a criminal or marine safety investigation, 
        upon request, a copy of all records of video and audio 
        surveillance that the official believes is relevant to the 
        investigation.
            ``(2) Civil actions.--Except as proscribed by law 
        enforcement authorities or court order, the owner of a vessel 
        to which this section applies shall, upon written request, 
        provide to any individual or the individual's legal 
        representative a copy of all records of video and audio 
        surveillance--
                    ``(A) in which the individual is a subject of the 
                video and audio surveillance;
                    ``(B) the request is in conjunction with a legal 
                proceeding or investigation; and
                    ``(C) that may provide evidence of any sexual 
                harassment or sexual assault incident in a civil 
                action.
            ``(3) Limited access.--The owner of a vessel to which this 
        section applies shall ensure that access to records of video 
        and audio surveillance is limited to the purposes described in 
        this paragraph and not used as part of a labor action against a 
        crewmember or employment dispute unless used in a criminal or 
        civil action.
    ``(f) Retention Requirements.--The owner of a vessel to which this 
section applies shall retain all records of audio and video 
surveillance for not less than 150 days after the footage is obtained. 
Any video and audio surveillance found to be associated with an alleged 
incident should be preserved for not less than 4 years from the date of 
the alleged incident. The Federal Bureau of Investigation and the Coast 
Guard are authorized access to all records of video and audio 
surveillance relevant to an investigation into criminal conduct.
    ``(g) Definition.--In this section, the term `owner' means the 
owner, charterer, managing operator, master, or other individual in 
charge of a vessel.
    ``(h) Exemption.--Fishing vessels, fish processing vessels, and 
fish tender vessels are exempt from this section.''.
    (b) Clerical Amendment.--The table of chapters for subtitle II of 
title 46, United States Code, is amended by adding after the item 
related to chapter 47 the following:

``49. Oceangoing non-passenger commercial vessels...........    4901''.

SEC. 9. MASTER KEY CONTROL.

    (a) In General.--Chapter 31 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 3106. Master key control system
    ``(a) In General.--The owner of a vessel subject to inspection 
under section 3301 shall--
            ``(1) ensure that such vessel is equipped with a vessel 
        master key control system, manual or electronic, which provides 
        controlled access to all copies of the vessel's master key of 
        which access shall only be available to the individuals 
        described in paragraph (2);
            ``(2) establish a list of all crew, identified by position, 
        allowed to access and use the master key and maintain such list 
        upon the vessel, within owner records and included in the 
        vessel safety management system.
            ``(3) record in a logbook, located in a centralized 
        location that is readily accessible to law enforcement 
        personnel, information on all access and use of the vessel's 
        master key; and
            ``(4) make the list under paragraph (2) and the logbook 
        under paragraph (3) available upon request to any agent of the 
        Federal Bureau of Investigation, any member of the Coast Guard, 
        and any law enforcement officer performing official duties in 
        the course and scope of an investigation.
    ``(b) Prohibited Use.--Crew not included on the list described in 
subsection (a)(2) shall not have access to or use the master key unless 
in an emergency and shall immediately notify the master and owner of 
the vessel following use of such key.
    ``(c) Requirements for Logbook.--The logbook described in 
subsection (a)(3)--
            ``(1) may be--
                    ``(A) electronic;
                    ``(B) included in the vessel safety management 
                system; and
            ``(2) shall include--
                    ``(A) dates and times of access;
                    ``(B) the room or location accessed; and
                    ``(C) the name and rank of the crewmember who used 
                the master key.
    ``(d) Penalty.--Any crewmember who uses the master key without 
having been granted access pursuant to subsection (a)(2) shall be 
liable to the United States Government for a civil penalty of not more 
than $1,000 and may be subject to suspension or revocation under 
section 7703.
    ``(e) Exemption.--This section shall not apply to vessels subject 
to section 3507(f).''.
    (b) Clerical Amendment.--The analysis for chapter 31 of title 46, 
United States Code, is amended by adding at the end the following:

``3106. Master key control system.''.

SEC. 10. SAFETY MANAGEMENT SYSTEMS.

    Section 3203 of title 46, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (5) and (6) as 
                paragraphs (7) and (8); and
                    (B) by inserting after paragraph (4) the following:
            ``(5) with respect to sexual harassment and sexual assault, 
        procedures for, and annual training requirements for all 
        shipboard personnel on--
                    ``(A) prevention;
                    ``(B) bystander intervention;
                    ``(C) reporting;
                    ``(D) response; and
                    ``(E) investigation;
            ``(6) the logbook required under section 3106;'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b) Procedures and Training Requirements.--In prescribing 
regulations for the procedures and training requirements described in 
subsection (a)(5), such procedures and requirements shall be consistent 
with the requirements to report sexual harassment or sexual assault 
under section 10104.''.

SEC. 11. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT.

    Section 10104 of title 46, United States Code is amended by 
striking paragraphs (a) and (b) and inserting the following:
    ``(a) Mandatory Reporting by Crewmember.--
            ``(1) In general.--A crewmember of a documented vessel 
        shall report to the Secretary any complaint or incident of 
        sexual harassment or sexual assault of which the crewmember has 
        firsthand or personal knowledge.
            ``(2) Penalty.--A crewmember with firsthand or personal 
        knowledge of a sexual assault or sexual harassment incident on 
        a documented vessel who knowingly fails to report in compliance 
        with paragraph (a)(1) is liable to the United States Government 
        for a civil penalty of not more than $5,000.
            ``(3) Amnesty.--A crewmember who fails to make the required 
        reporting in paragraph (a)(1) shall not be subject to the 
        penalty described in paragraph (a)(2) if the complaint is 
        shared in confidence with the crewmember directly from the 
        assaulted individual or the crewmember is a victim advocate as 
        defined in section 12291 of title 34, United States Code.
    ``(b) Mandatory Reporting by Vessel Owner.--
            ``(1) In general.--A vessel owner or managing operator of a 
        documented vessel or the employer of a seafarer on that vessel 
        shall report to the Secretary any complaint or incident of 
        harassment, sexual harassment, or sexual assault in violation 
        of employer policy or law, of which such vessel owner or 
        managing operator of a vessel engaged in commercial service, or 
        the employer of the seafarer is made aware. Such reporting 
        shall include results of any investigation into the incident, 
        if applicable, and any action taken against the offending 
        crewmember.
            ``(2) Penalty.--A vessel owner or managing operator of a 
        vessel engaged in commercial service, or the employer of a 
        seafarer on that vessel who knowingly fails to report in 
        compliance with paragraph (b)(1) is liable to the United States 
        Government for a civil penalty of not more than $25,000.
    ``(c) Reporting Procedures.--
            ``(1) A report required by subsection (a) shall be made as 
        soon as practicable, but no later than 10 days after the 
        individual develops firsthand or personal knowledge of the 
        sexual assault or sexual harassment incident to the Coast Guard 
        National Command Center by the fastest telecommunication 
        channel available.
            ``(2) A report required under subsection (b) shall be made 
        immediately after the vessel owner, managing operator, or 
        employer of the seafarer gains knowledge of a sexual assault or 
        sexual harassment incident by the fastest telecommunication 
        channel available, and such report shall be made to the Coast 
        Guard National Command Center--
                    ``(A) the nearest Coast Guard Captain of the Port; 
                or
                    ``(B) the appropriate officer or agency of the 
                government of the country in whose waters the incident 
                occurs.
            ``(3) A report in subsections (a) and (b) shall include, to 
        the best of the reporter's knowledge--
                    ``(A) the name, official position or role in 
                relation to the vessel, and contact information of the 
                individual making the report;
                    ``(B) the name and official number of the 
                documented vessel;
                    ``(C) the time and date of the incident;
                    ``(D) the geographic position or location of the 
                vessel when the incident occurred; and
                    ``(E) a brief description of the alleged sexual 
                harassment or sexual assault being reported.
            ``(4) After receipt of the report made under this 
        subsection, the Coast Guard will collect information related to 
        the identity of each alleged victim, alleged perpetrator, and 
        witness through means designed to protect, to the extent 
        practicable, the personal identifiable information of such 
        individuals.
    ``(d) Regulations.--The requirements of this section are effective 
as of the date of enactment of Safer Seas Act. The Secretary may issue 
additional regulations to implement the requirements of this 
section.''.

SEC. 12. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH OF SEAMEN.

    (a) Personal Injury to or Death of Seamen.--Section 30104 of title 
46, United States Code, is amended by inserting ``, including an injury 
resulting from sexual assault or sexual harassment,'' after ``in the 
course of employment''.
    (b) Time Limit on Bringing Maritime Action.--Section 30106 of title 
46, United States Code, is amended--
            (1) in the section heading by striking ``for personal 
        injury or death'';
            (2) by striking ``Except as otherwise'' and inserting the 
        following:
    ``(a) In General.--Except as otherwise''; and
            (3) by adding at the end the following:
    ``(b) Extension for Sexual Offense.--A civil action under 
subsection (a) arising out of a maritime tort for a claim of sexual 
harassment or sexual assault shall be brought not less than 5 years 
after the cause of action for a claim of sexual harassment or sexual 
assault arose.''.
    (c) Clerical Amendment.--The analysis for chapter 301 of title 46, 
United States Code, is amended by striking the item related to section 
30106 and inserting the following:

``30106. Time limit on bringing maritime action.''.

SEC. 13. EXEMPTION FROM REQUIREMENT TO OBTAIN MARINER LICENSE.

    Section 51309 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(d) Exemption From Requirement To Obtain License.--The Secretary 
may modify or waive the requirements of section 51306(a)(2) for 
students who provide reasonable concerns with obtaining a merchant 
mariner license, including fear for safety while at sea after instances 
of trauma, medical condition, or inability to obtain required sea time 
or endorsement so long as such inability is not due to a lack of 
proficiency or violation of Academy policy. The issuance of a 
modification or waiver under this subsection shall not delay or impede 
graduation from the Academy.''.

SEC. 14. PROTECTION OF CADETS FROM SEXUAL ASSAULT ONBOARD VESSELS.

    (a) In General.--Section 51322 of title 46, United States Code, is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Safety Criteria.--The Maritime Administrator, after 
consulting with the United States 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.
    ``(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, including the installation of 
        functional door locks and policies prohibiting shipboard 
        personnel from entering cadet staterooms;
            ``(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 a satellite communication device 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.'';
            (2) by redesignating subsections (b) through (d) as 
        subsections (e) through (g), respectively;
            (3) in subsection (e), by striking paragraph (2) and 
        inserting the following:
            ``(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 safety criteria developed pursuant to 
        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.'';
            (4) in subsection (f), as so redesignated, by striking ``or 
        the seafarer union'' and inserting ``and the seafarer union''; 
        and
            (5) by adding at the end the following:
    ``(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.''.
    (b) Regulations.--
            (1) In general.--The Maritime Administrator may prescribe 
        rules as necessary to carry out the amendments made by this 
        section.
            (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.
    (c) Conforming Amendments.--
            (1) Sea year compliance.--Section 3514 of the National 
        Defense Authorization Act for Fiscal Year 2017 (46 U.S.C. 51318 
        note) is repealed.
            (2) Access of academy cadets to dod safe or equivalent 
        helpline.--Section 3515 of the National Defense Authorization 
        Act for Fiscal Year 2018 (46 U.S.C. 51518 note) is amended by 
        striking subsection (b) and redesignating subsection (c) as 
        subsection (b).
                                 <all>