[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).
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