I 

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 

GONZA ́LEZ-COLO ́N) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safer Seas Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 (a) IN GENERAL.—Section 2101 of title 46, United 

3 States Code, is amended— 

4 (1) by redesignating paragraphs (45) through 

5 (54) as paragraphs (47) through (56), respectively; 

6 and 

7 (2) by inserting after paragraph (44) the fol8 lowing: 

9 ‘‘(45) ‘sexual assault’ means any form of abuse 

10 or contact as defined in chapter 109A of title 18, or 

11 a substantially similar State, local, or Tribal offense. 

12 ‘‘(46) ‘sexual harassment’ means— 

13 ‘‘(A) conduct that— 

14 ‘‘(i) involves unwelcome sexual ad15 vances, requests for sexual favors, or delib16 erate or repeated offensive comments or 

17 gestures of a sexual nature if any— 

18 ‘‘(I) submission to such conduct 

19 is made either explicitly or implicitly a 

20 term or condition of employment, pay, 

21 career, benefits, or entitlements of the 

22 individual; 

23 ‘‘(II) submission to, or rejection, 

24 of such conduct by an individual is 

25 used as a basis for decisions affecting 


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1 that individual’s job, pay, career, ben2 efits, or entitlements; 

3 ‘‘(III) such conduct has the pur4 pose or effect of unreasonably inter5 fering with an individual’s work per6 formance or creates an intimidating, 

7 hostile, or offensive work environment; 

8 or 

9 ‘‘(IV) conduct may have been by 

10 an individual’s supervisor, a super11 visor in another area, a co-worker, or 

12 another credentialed mariner; and 

13 ‘‘(ii) is so severe or pervasive that a 

14 reasonable person would perceive, and the 

15 victim does perceive, the environment as 

16 hostile or offensive; 

17 ‘‘(B) any use or condonation associated 

18 with firsthand or personal knowledge, by any 

19 individual in a supervisory or command posi20 tion, of any form of sexual behavior to control, 

21 influence, or affect the career, pay, benefits, en22 titlements, or employment of a subordinate; and 

23 ‘‘(C) any deliberate or repeated unwelcome 

24 verbal comment or gesture of a sexual nature 

25 by any fellow employee of the complainant.’’. 


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1 (b) REPORT.—The Commandant of the Coast Guard 

2 shall submit to the Committee on Transportation and In3 frastructure of the House of Representatives and the Com4 mittee on Commerce, Science, and Transportation of the 

5 Senate a report describing any changes the Commandant 

6 may propose to the definitions added by the amendments 

7 in subsection (a). 

8 SEC. 3. CONVICTED SEX OFFENDER AS GROUNDS FOR DE9 NIAL. 

10 (a) IN GENERAL.—Chapter 75 of title 46, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 7511. Convicted sex offender as grounds for denial 

14 ‘‘(a) SEXUAL ABUSE.—A license, certificate of reg15 istry, or merchant mariner’s document authorized to be 

16 issued under this part shall be denied to an individual who 

17 has been convicted of a sexual offense prohibited under 

18 chapter 109A of title 18, except for subsection (b) of sec19 tion 2244 of title 18, or a substantially similar State, local, 

20 or Tribal offense. 

21 ‘‘(b) ABUSIVE SEXUAL CONTACT.—A license, certifi22 cate of registry, or merchant mariner’s document author23 ized to be issued under this part may be denied to an indi24 vidual who within 5 years before applying for the license, 

25 certificate, or document, has been convicted of a sexual 


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1 offense prohibited under subsection (b) of section 2244 of 

2 title 18, or a substantially similar State, local, or Tribal 

3 offense.’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for chap5 ter 75 of title 46, United States Code, is amended by add6 ing at the end the following: 

‘‘7511. Convicted sex offender as grounds for denial.’’. 

7 SEC. 4. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS 

8 GROUNDS FOR SUSPENSION OR REVOCA9 TION. 

10 (a) IN GENERAL.—Chapter 77 of title 46, United 

11 States Code, is amended by inserting after section 7704 

12 the following: 

13 ‘‘§ 7704a. Sexual harassment or sexual assault as 

14 grounds for suspension or revocation 

15 ‘‘(a) SEXUAL HARASSMENT.—If it is shown at a 

16 hearing under this chapter that a holder of a license, cer17 tificate of registry, or merchant mariner’s document 

18 issued under this part, within 5 years before the beginning 

19 of the suspension and revocation proceedings, is the sub20 ject of an official finding of sexual harassment, then the 

21 license, certificate of registry, or merchant mariner’s docu22 ment may be suspended or revoked. 

23 ‘‘(b) SEXUAL ASSAULT.—If it is shown at a hearing 

24 under this chapter that a holder of a license, certificate 

25 of registry, or merchant mariner’s document issued under 


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1 this part, within 10 years before the beginning of the sus2 pension and revocation proceedings, is the subject of an 

3 official finding of sexual assault, then the license, certifi4 cate of registry, or merchant mariner’s document shall be 

5 revoked. 

6 ‘‘(c) OFFICIAL FINDING.— 

7 ‘‘(1) IN GENERAL.—In this section, the term 

8 ‘official finding’ means— 

9 ‘‘(A) a legal proceeding or agency finding 

10 or decision that determines the individual com11 mitted sexual harassment or sexual assault in 

12 violation of any Federal, State, local, or Tribal 

13 law or regulation; or 

14 ‘‘(B) a determination after an investigation 

15 by the Coast Guard that, by a preponderance of 

16 the evidence, the individual committed sexual 

17 harassment or sexual assault if the investiga18 tion affords appropriate due process rights to 

19 the subject of the investigation. 

20 ‘‘(2) INVESTIGATION BY THE COAST GUARD.— 

21 An investigation by the Coast Guard under para22 graph (1)(B) shall include, at a minimum, evalua23 tion of the following materials that, upon request, 

24 shall be provided to the Coast Guard: 


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1 ‘‘(A) Any inquiry or determination made 

2 by the employer or former employer of the indi3 vidual as to whether the individual committed 

4 sexual harassment or sexual assault. 

5 ‘‘(B) Any investigative materials, docu6 ments, records, or files in the possession of an 

7 employer or former employer of the individual 

8 that are related to the claim of sexual harass9 ment or sexual assault by the individual. 

10 ‘‘(3) ADMINISTRATIVE LAW JUDGE REVIEW.— 

11 ‘‘(A) COAST GUARD INVESTIGATION.—A 

12 determination under paragraph (1)(B) shall be 

13 reviewed and affirmed by an administrative law 

14 judge within the same proceeding as any sus15 pension or revocation of a license, certificate of 

16 registry, or merchant mariner’s document under 

17 subsection (a) or (b). 

18 ‘‘(B) LEGAL PROCEEDING.—A determina19 tion under paragraph (1)(A) that an individual 

20 committed sexual harassment or sexual assault 

21 is conclusive in suspension and revocation pro22 ceedings.’’. 

23 (b) CLERICAL AMENDMENT.—The chapter analysis 

24 of chapter 77 of title 46, United States Code, is amended 


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1 by inserting after the item relating to section 7704 the 

2 following: 

‘‘7704a. Sexual harassment or sexual assault as grounds for suspension or revocation.’’. 

3 SEC. 5. ACCOMMODATION; NOTICES. 

4 Section 11101 of title 46, United States Code, is 

5 amended— 

6 (1) in subsection (a)(3), by striking ‘‘and’’ at 

7 the end; 

8 (2) in subsection (a)(4), by striking the period 

9 at the end and inserting ‘‘; and’’; 

10 (3) in subsection (a), by adding at the end the 

11 following: 

12 ‘‘(5) each crew berthing area shall be equipped 

13 with information regarding— 

14 ‘‘(A) vessel owner or company policies pro15 hibiting sexual assault and sexual harassment, 

16 retaliation, and drug and alcohol usage; and 

17 ‘‘(B) procedures and resources to report 

18 crimes, including sexual assault and sexual har19 assment, including information— 

20 ‘‘(i) on the contact information, 

21 website address, and mobile application to 

22 the Coast Guard Investigative Services for 

23 reporting of crimes and the Coast Guard 

24 National Command Center; 


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1 ‘‘(ii) on vessel owner or company pro2 cedures to report violations of company 

3 policy and access resources; 

4 ‘‘(iii) on resources provided by outside 

5 organizations such as sexual assault hot6 lines and counseling; 

7 ‘‘(iv) on the retention period for sur8 veillance video recording after an incident 

9 of sexual harassment or sexual assault is 

10 reported; and 

11 ‘‘(v) additional items specified in reg12 ulations issued by, and at the discretion of, 

13 the Secretary of the department in which 

14 the Coast Guard is operating.’’; and 

15 (4) in subsection (d), by adding at the end the 

16 following: ‘‘In each washing space in a visible loca17 tion there shall be information regarding procedures 

18 and resources to report crimes upon the vessel, in19 cluding sexual assault and sexual harassment, and 

20 vessel owner or company policies prohibiting sexual 

21 assault and sexual harassment, retaliation, and drug 

22 and alcohol usage.’’. 

23 SEC. 6. PROTECTION AGAINST DISCRIMINATION. 

24 Section 2114(a)(1) of title 46, United States Code, 

25 is amended— 


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1 (1) by redesignating subparagraphs (B) 

2 through (G) as subsections (C) through (H), respec3 tively; and 

4 (2) by inserting after subparagraph (A) the fol5 lowing: 

6 ‘‘(B) the seaman in good faith has reported or 

7 is about to report to the vessel owner, Coast Guard 

8 or other appropriate Federal agency or department 

9 sexual harassment or sexual assault against the sea10 man or knowledge of sexual harassment or sexual 

11 assault against another seaman;’’. 

12 SEC. 7. ALCOHOL PROHIBITION. 

13 (a) REGULATIONS.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this Act, the Secretary of 

16 the department in which the Coast Guard is oper17 ating shall, taking into account the safety and secu18 rity of every individual on documented vessels, issue 

19 such regulations as are necessary relating to alcohol 

20 consumption on documented vessels, according to 

21 the following requirements: 

22 (A) The Secretary shall determine safe lev23 els of alcohol consumption by crewmembers 

24 aboard documented vessels engaged in commer25 cial service. 


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1 (B) If the Secretary determines there is no 

2 alcohol policy that can be implemented to en3 sure a safe environment for crew and pas4 sengers, the Secretary shall implement a prohi5 bition on possession and consumption of alcohol 

6 by crewmembers while aboard a vessel, except 

7 when possession is associated with the commer8 cial sale or gift to non-crewmembers aboard the 

9 vessel. 

10 (2) IMMUNITY FROM CIVIL LIABILITY.—Any 

11 crewmember who reports an incident of sexual as12 sault or sexual harassment that is directly related to 

13 a violation of the regulations issued under paragraph 

14 (1) is immune from civil liability for any related vio15 lation of such regulations. 

16 SEC. 8. SURVEILLANCE REQUIREMENTS. 

17 (a) IN GENERAL.—Part B of subtitle II of title 46, 

18 United States Code, is amended by adding at the end the 

19 following: 

20 ‘‘CHAPTER 49—OCEANGOING NON21 PASSENGER COMMERCIAL VESSELS 

‘‘Sec. 

‘‘4901. Surveillance requirements. 


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1 ‘‘§ 4901. Surveillance requirements 

2 ‘‘(a) IN GENERAL.—A vessel engaged in commercial 

3 service that does not carry passengers, shall maintain a 

4 video surveillance system. 

5 ‘‘(b) APPLICABILITY.—The requirements in this sec6 tion shall apply to— 

7 ‘‘(1) documented vessels with overnight accom8 modations for at least 10 persons on board— 

9 ‘‘(A) is on a voyage of at least 600 miles 

10 and crosses seaward of the Boundary Line; or 

11 ‘‘(B) is at least 24 meters (79 feet) in 

12 overall length and required to have a load line 

13 under chapter 51; 

14 ‘‘(2) documented vessels of at least 500 gross 

15 tons as measured under section 14502, or an alter16 nate tonnage measured under section 14302 as pre17 scribed by the Secretary under section 14104 on an 

18 international voyage; and 

19 ‘‘(3) vessels with overnight accommodations for 

20 at least 10 persons on board that are operating for 

21 no less than 72 hours on waters superjacent to the 

22 Outer Continental Shelf. 

23 ‘‘(c) PLACEMENT OF VIDEO AND AUDIO SURVEIL24 LANCE EQUIPMENT.— 

25 ‘‘(1) IN GENERAL.—The owner of a vessel to 

26 which this section applies shall install video and 


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1 audio surveillance equipment aboard the vessel not 

2 later than 2 years after enactment of the Safer Seas 

3 Act, or during the next scheduled drydock, which4 ever is later. 

5 ‘‘(2) LOCATIONS.—Video and audio surveillance 

6 equipment shall be placed in passageways on to 

7 which doors from staterooms open. Such equipment 

8 shall be placed in a manner ensuring the visibility of 

9 every door in each such passageway. 

10 ‘‘(d) NOTICE OF VIDEO AND AUDIO SURVEIL11 LANCE.—The owner of a vessel to which this section ap12 plies shall provide clear and conspicuous signs on board 

13 the vessel notifying the crew of the presence of video and 

14 audio surveillance equipment. 

15 ‘‘(e) ACCESS TO VIDEO AND AUDIO RECORDS.— 

16 ‘‘(1) IN GENERAL.—The owner of a vessel to 

17 which this section applies shall provide to any Fed18 eral, State, or other law enforcement official per19 forming official duties in the course and scope of a 

20 criminal or marine safety investigation, upon re21 quest, a copy of all records of video and audio sur22 veillance that the official believes is relevant to the 

23 investigation. 

24 ‘‘(2) CIVIL ACTIONS.—Except as proscribed by 

25 law enforcement authorities or court order, the 


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1 owner of a vessel to which this section applies shall, 

2 upon written request, provide to any individual or 

3 the individual’s legal representative a copy of all 

4 records of video and audio surveillance— 

5 ‘‘(A) in which the individual is a subject of 

6 the video and audio surveillance; 

7 ‘‘(B) the request is in conjunction with a 

8 legal proceeding or investigation; and 

9 ‘‘(C) that may provide evidence of any sex10 ual harassment or sexual assault incident in a 

11 civil action. 

12 ‘‘(3) LIMITED ACCESS.—The owner of a vessel 

13 to which this section applies shall ensure that access 

14 to records of video and audio surveillance is limited 

15 to the purposes described in this paragraph and not 

16 used as part of a labor action against a crewmember 

17 or employment dispute unless used in a criminal or 

18 civil action. 

19 ‘‘(f) RETENTION REQUIREMENTS.—The owner of a 

20 vessel to which this section applies shall retain all records 

21 of audio and video surveillance for not less than 150 days 

22 after the footage is obtained. Any video and audio surveil23 lance found to be associated with an alleged incident 

24 should be preserved for not less than 4 years from the 

25 date of the alleged incident. The Federal Bureau of InvesVerDate Sep 11 2014 22:53 Mar 04, 2022 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H6866.IH H6866

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1 tigation and the Coast Guard are authorized access to all 

2 records of video and audio surveillance relevant to an in3 vestigation into criminal conduct. 

4 ‘‘(g) DEFINITION.—In this section, the term ‘owner’ 

5 means the owner, charterer, managing operator, master, 

6 or other individual in charge of a vessel. 

7 ‘‘(h) EXEMPTION.—Fishing vessels, fish processing 

8 vessels, and fish tender vessels are exempt from this sec9 tion.’’. 

10 (b) CLERICAL AMENDMENT.—The table of chapters 

11 for subtitle II of title 46, United States Code, is amended 

12 by adding after the item related to chapter 47 the fol13 lowing: 

‘‘49. Oceangoing non-passenger commercial vessels .......... 4901’’. 

14 SEC. 9. MASTER KEY CONTROL. 

15 (a) IN GENERAL.—Chapter 31 of title 46, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 3106. Master key control system 

19 ‘‘(a) IN GENERAL.—The owner of a vessel subject to 

20 inspection under section 3301 shall— 

21 ‘‘(1) ensure that such vessel is equipped with a 

22 vessel master key control system, manual or elec23 tronic, which provides controlled access to all copies 

24 of the vessel’s master key of which access shall only 


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1 be available to the individuals described in para2 graph (2); 

3 ‘‘(2) establish a list of all crew, identified by po4 sition, allowed to access and use the master key and 

5 maintain such list upon the vessel, within owner 

6 records and included in the vessel safety manage7 ment system. 

8 ‘‘(3) record in a logbook, located in a central9 ized location that is readily accessible to law enforce10 ment personnel, information on all access and use of 

11 the vessel’s master key; and 

12 ‘‘(4) make the list under paragraph (2) and the 

13 logbook under paragraph (3) available upon request 

14 to any agent of the Federal Bureau of Investigation, 

15 any member of the Coast Guard, and any law en16 forcement officer performing official duties in the 

17 course and scope of an investigation. 

18 ‘‘(b) PROHIBITED USE.—Crew not included on the 

19 list described in subsection (a)(2) shall not have access 

20 to or use the master key unless in an emergency and shall 

21 immediately notify the master and owner of the vessel fol22 lowing use of such key. 

23 ‘‘(c) REQUIREMENTS FOR LOGBOOK.—The logbook 

24 described in subsection (a)(3)— 

25 ‘‘(1) may be— 


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1 ‘‘(A) electronic; 

2 ‘‘(B) included in the vessel safety manage3 ment system; and 

4 ‘‘(2) shall include— 

5 ‘‘(A) dates and times of access; 

6 ‘‘(B) the room or location accessed; and 

7 ‘‘(C) the name and rank of the crew8 member who used the master key. 

9 ‘‘(d) PENALTY.—Any crewmember who uses the mas10 ter key without having been granted access pursuant to 

11 subsection (a)(2) shall be liable to the United States Gov12 ernment for a civil penalty of not more than $1,000 and 

13 may be subject to suspension or revocation under section 

14 7703. 

15 ‘‘(e) EXEMPTION.—This section shall not apply to 

16 vessels subject to section 3507(f).’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chap18 ter 31 of title 46, United States Code, is amended by add19 ing at the end the following: 

‘‘3106. Master key control system.’’. 

20 SEC. 10. SAFETY MANAGEMENT SYSTEMS. 

21 Section 3203 of title 46, United States Code, is 

22 amended— 

23 (1) in subsection (a)— 

24 (A) by redesignating paragraphs (5) and 

25 (6) as paragraphs (7) and (8); and 


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1 (B) by inserting after paragraph (4) the 

2 following: 

3 ‘‘(5) with respect to sexual harassment and sex4 ual assault, procedures for, and annual training re5 quirements for all shipboard personnel on— 

6 ‘‘(A) prevention; 

7 ‘‘(B) bystander intervention; 

8 ‘‘(C) reporting; 

9 ‘‘(D) response; and 

10 ‘‘(E) investigation; 

11 ‘‘(6) the logbook required under section 3106;’’; 

12 (2) by redesignating subsections (b) and (c) as 

13 subsections (c) and (d), respectively; and 

14 (3) by inserting after subsection (a) the fol15 lowing: 

16 ‘‘(b) PROCEDURES AND TRAINING REQUIRE17 MENTS.—In prescribing regulations for the procedures 

18 and training requirements described in subsection (a)(5), 

19 such procedures and requirements shall be consistent with 

20 the requirements to report sexual harassment or sexual 

21 assault under section 10104.’’. 


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1 SEC. 11. REQUIREMENT TO REPORT SEXUAL ASSAULT AND 

2 HARASSMENT. 

3 Section 10104 of title 46, United States Code is 

4 amended by striking paragraphs (a) and (b) and inserting 

5 the following: 

6 ‘‘(a) MANDATORY REPORTING BY CREWMEMBER.— 

7 ‘‘(1) IN GENERAL.—A crewmember of a docu8 mented vessel shall report to the Secretary any com9 plaint or incident of sexual harassment or sexual as10 sault of which the crewmember has firsthand or per11 sonal knowledge. 

12 ‘‘(2) PENALTY.—A crewmember with firsthand 

13 or personal knowledge of a sexual assault or sexual 

14 harassment incident on a documented vessel who 

15 knowingly fails to report in compliance with para16 graph (a)(1) is liable to the United States Govern17 ment for a civil penalty of not more than $5,000. 

18 ‘‘(3) AMNESTY.—A crewmember who fails to 

19 make the required reporting in paragraph (a)(1) 

20 shall not be subject to the penalty described in para21 graph (a)(2) if the complaint is shared in confidence 

22 with the crewmember directly from the assaulted in23 dividual or the crewmember is a victim advocate as 

24 defined in section 12291 of title 34, United States 

25 Code. 

26 ‘‘(b) MANDATORY REPORTING BY VESSEL OWNER.— 


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1 ‘‘(1) IN GENERAL.—A vessel owner or man2 aging operator of a documented vessel or the em3 ployer of a seafarer on that vessel shall report to the 

4 Secretary any complaint or incident of harassment, 

5 sexual harassment, or sexual assault in violation of 

6 employer policy or law, of which such vessel owner 

7 or managing operator of a vessel engaged in com8 mercial service, or the employer of the seafarer is 

9 made aware. Such reporting shall include results of 

10 any investigation into the incident, if applicable, and 

11 any action taken against the offending crewmember. 

12 ‘‘(2) PENALTY.—A vessel owner or managing 

13 operator of a vessel engaged in commercial service, 

14 or the employer of a seafarer on that vessel who 

15 knowingly fails to report in compliance with para16 graph (b)(1) is liable to the United States Govern17 ment for a civil penalty of not more than $25,000. 

18 ‘‘(c) REPORTING PROCEDURES.— 

19 ‘‘(1) A report required by subsection (a) shall 

20 be made as soon as practicable, but no later than 10 

21 days after the individual develops firsthand or per22 sonal knowledge of the sexual assault or sexual har23 assment incident to the Coast Guard National Com24 mand Center by the fastest telecommunication chan25 nel available. 


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1 ‘‘(2) A report required under subsection (b) 

2 shall be made immediately after the vessel owner, 

3 managing operator, or employer of the seafarer 

4 gains knowledge of a sexual assault or sexual har5 assment incident by the fastest telecommunication 

6 channel available, and such report shall be made to 

7 the Coast Guard National Command Center— 

8 ‘‘(A) the nearest Coast Guard Captain of 

9 the Port; or 

10 ‘‘(B) the appropriate officer or agency of 

11 the government of the country in whose waters 

12 the incident occurs. 

13 ‘‘(3) A report in subsections (a) and (b) shall 

14 include, to the best of the reporter’s knowledge— 

15 ‘‘(A) the name, official position or role in 

16 relation to the vessel, and contact information 

17 of the individual making the report; 

18 ‘‘(B) the name and official number of the 

19 documented vessel; 

20 ‘‘(C) the time and date of the incident; 

21 ‘‘(D) the geographic position or location of 

22 the vessel when the incident occurred; and 

23 ‘‘(E) a brief description of the alleged sex24 ual harassment or sexual assault being re25 ported. 


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1 ‘‘(4) After receipt of the report made under this 

2 subsection, the Coast Guard will collect information 

3 related to the identity of each alleged victim, alleged 

4 perpetrator, and witness through means designed to 

5 protect, to the extent practicable, the personal iden6 tifiable information of such individuals. 

7 ‘‘(d) REGULATIONS.—The requirements of this sec8 tion are effective as of the date of enactment of Safer Seas 

9 Act. The Secretary may issue additional regulations to im10 plement the requirements of this section.’’. 

11 SEC. 12. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH 

12 OF SEAMEN. 

13 (a) PERSONAL INJURY TO OR DEATH OF SEAMEN.— 

14 Section 30104 of title 46, United States Code, is amended 

15 by inserting ‘‘, including an injury resulting from sexual 

16 assault or sexual harassment,’’ after ‘‘in the course of em17 ployment’’. 

18 (b) TIME LIMIT ON BRINGING MARITIME ACTION.— 

19 Section 30106 of title 46, United States Code, is amend20 ed— 

21 (1) in the section heading by striking ‘‘for 

22 personal injury or death’’; 

23 (2) by striking ‘‘Except as otherwise’’ and in24 serting the following: 

25 ‘‘(a) IN GENERAL.—Except as otherwise’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(b) EXTENSION FOR SEXUAL OFFENSE.—A civil ac3 tion under subsection (a) arising out of a maritime tort 

4 for a claim of sexual harassment or sexual assault shall 

5 be brought not less than 5 years after the cause of action 

6 for a claim of sexual harassment or sexual assault arose.’’. 

7 (c) CLERICAL AMENDMENT.—The analysis for chap8 ter 301 of title 46, United States Code, is amended by 

9 striking the item related to section 30106 and inserting 

10 the following: 

‘‘30106. Time limit on bringing maritime action.’’. 

11 SEC. 13. EXEMPTION FROM REQUIREMENT TO OBTAIN 

12 MARINER LICENSE. 

13 Section 51309 of title 46, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(d) EXEMPTION FROM REQUIREMENT TO OBTAIN

16 LICENSE.—The Secretary may modify or waive the re17 quirements of section 51306(a)(2) for students who pro18 vide reasonable concerns with obtaining a merchant mar19 iner license, including fear for safety while at sea after 

20 instances of trauma, medical condition, or inability to ob21 tain required sea time or endorsement so long as such in22 ability is not due to a lack of proficiency or violation of 

23 Academy policy. The issuance of a modification or waiver 

24 under this subsection shall not delay or impede graduation 

25 from the Academy.’’. 


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1 SEC. 14. PROTECTION OF CADETS FROM SEXUAL ASSAULT 

2 ONBOARD VESSELS. 

3 (a) IN GENERAL.—Section 51322 of title 46, United 

4 States Code, is amended— 

5 (1) by striking subsection (a) and inserting the 

6 following: 

7 ‘‘(a) SAFETY CRITERIA.—The Maritime Adminis8 trator, after consulting with the United States Coast 

9 Guard, shall establish— 

10 ‘‘(1) criteria, to which an owner or operator of 

11 a vessel engaged in commercial service shall adhere 

12 prior to carrying a cadet performing their Sea Year 

13 service from the United States Merchant Marine 

14 Academy that addresses prevention of, and response 

15 to, sexual harassment, dating violence, domestic vio16 lence, sexual assault, and stalking; and 

17 ‘‘(2) a process for collecting pertinent informa18 tion from such owners or operators and verifying 

19 their compliance with the criteria. 

20 ‘‘(b) MINIMUM STANDARDS.—At a minimum, the cri21 teria established under subsection (a) shall require the 

22 vessel owners or operators to have policies that address— 

23 ‘‘(1) communication between a cadet and an in24 dividual ashore who is trained in responding to inci25 dents of sexual harassment, dating violence, domes26 tic violence, sexual assault, and stalking; 


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1 ‘‘(2) the safety and security of cadet staterooms 

2 while a cadet is onboard the vessel, including the in3 stallation of functional door locks and policies pro4 hibiting shipboard personnel from entering cadet 

5 staterooms; 

6 ‘‘(3) requirements for crew to report complaints 

7 or incidents of sexual assault, sexual harassment, 

8 dating violence, domestic violence, and stalking con9 sistent with the requirements in section 10104; 

10 ‘‘(4) the maintenance of records of reports of 

11 sexual harassment, dating violence, domestic vio12 lence, sexual assault, and stalking onboard a vessel 

13 carrying a cadet; 

14 ‘‘(5) the maintenance of records of sexual har15 assment, dating violence, domestic violence, sexual 

16 assault, and stalking training as required under sub17 section (f); 

18 ‘‘(6) a requirement for the owner or operator 

19 provide each cadet a copy of the policies and proce20 dures related to sexual harassment, dating violence, 

21 domestic violence, sexual assault, and stalking poli22 cies that pertain to the vessel on which they will be 

23 employed; and 


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1 ‘‘(7) any other issues the Maritime Adminis2 trator determines necessary to ensure the safety of 

3 cadets during Sea Year training. 

4 ‘‘(c) SELF-CERTIFICATION BY OWNERS OR OPERA5 TORS.—The Maritime Administrator shall require the 

6 owner or operator of any commercial vessel that is car7 rying a cadet from the United States Merchant Marine 

8 Academy to annually certify that— 

9 ‘‘(1) the vessel owner or operator is in compli10 ance with the criteria established under subsection 

11 (a); and 

12 ‘‘(2) the vessel is in compliance with the Inter13 national Convention of Safety of Life at Sea, 1974 

14 (32 UST 47) and sections 8106 and 70103(c). 

15 ‘‘(d) INFORMATION, TRAINING, AND RESOURCES.— 

16 The Maritime Administrator shall ensure that a cadet par17 ticipating in Sea Year— 

18 ‘‘(1) receives training specific to vessel safety, 

19 including sexual harassment, dating violence, domes20 tic violence, sexual assault, and stalking prevention 

21 and response training, prior to the cadet boarding a 

22 vessel for Sea Year training; 

23 ‘‘(2) is equipped with a satellite communication 

24 device and has been trained on its use; 


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1 ‘‘(3) has access to a helpline to report incidents 

2 of sexual harassment, dating violence, domestic vio3 lence, sexual assault, or stalking that is monitored 

4 by trained personnel; and 

5 ‘‘(4) is informed of the legal requirements for 

6 vessel owners and operators to provide for the secu7 rity of individuals onboard, including requirements 

8 under section 70103(c) and chapter 81.’’; 

9 (2) by redesignating subsections (b) through (d) 

10 as subsections (e) through (g), respectively; 

11 (3) in subsection (e), by striking paragraph (2) 

12 and inserting the following: 

13 ‘‘(2) ACCESS TO INFORMATION.—The vessel op14 erator shall make available to staff conducting a ves15 sel check such information as the Maritime Adminis16 trator determines is necessary to determine whether 

17 the vessel is being operated in compliance with safe18 ty criteria developed pursuant to subsection (a). 

19 ‘‘(3) REMOVAL OF STUDENTS.—If staff of the 

20 Academy or staff of the Maritime Administration de21 termine that a commercial vessel is not in compli22 ance with the criteria established under subsection 

23 (a), the staff— 

24 ‘‘(A) may remove a cadet of the Academy 

25 from the vessel; and 


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1 ‘‘(B) shall report such determination of 

2 non-compliance to the owner or operator of the 

3 vessel.’’; 

4 (4) in subsection (f), as so redesignated, by 

5 striking ‘‘or the seafarer union’’ and inserting ‘‘and 

6 the seafarer union’’; and 

7 (5) by adding at the end the following: 

8 ‘‘(h) NONCOMMERCIAL VESSELS.— 

9 ‘‘(1) IN GENERAL.—A public vessel (as defined 

10 in section 2101) shall not be subject to the require11 ments of this section. 

12 ‘‘(2) REQUIREMENTS FOR PARTICIPATION.— 

13 The Maritime Administrator may establish criteria 

14 and requirements that the operators of public vessels 

15 shall meet to participate in the Sea Year program of 

16 the United States Merchant Marine Academy that 

17 addresses prevention of, and response to, sexual har18 assment, dating violence, domestic violence, sexual 

19 assault, and stalking.’’. 

20 (b) REGULATIONS.— 

21 (1) IN GENERAL.—The Maritime Administrator 

22 may prescribe rules as necessary to carry out the 

23 amendments made by this section. 

24 (2) INTERIM RULES.—The Maritime Adminis25 trator may prescribe interim rules necessary to carry 


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1 out the amendments made by this section. For this 

2 purpose, the Maritime Administrator in prescribing 

3 rules under paragraph (1) is excepted from compli4 ance with the notice and comment requirements of 

5 section 553 of title 5, United States Code. All rules 

6 prescribed under the authority of the amendments 

7 made by this section shall remain in effect until su8 perseded by a final rule. 

9 (c) CONFORMING AMENDMENTS.— 

10 (1) SEA YEAR COMPLIANCE.—Section 3514 of 

11 the National Defense Authorization Act for Fiscal 

12 Year 2017 (46 U.S.C. 51318 note) is repealed. 

13 (2) ACCESS OF ACADEMY CADETS TO DOD SAFE

14 OR EQUIVALENT HELPLINE.—Section 3515 of the 

15 National Defense Authorization Act for Fiscal Year 

16 2018 (46 U.S.C. 51518 note) is amended by striking 

17 subsection (b) and redesignating subsection (c) as 

18 subsection (b). 

Æ 


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