Sec. 11601. DEFINITIONS

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## SEC. 11601 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 offense under State, local, or Tribal law. > > > #### “(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 first-hand 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 intentional or repeated unwelcome verbal comment or gesture of a sexual nature towards or about an individual by the individual’s supervisor, a supervisor in another area, a coworker, or another credentialed mariner.” > . ###

(b)Report The Commandant 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). ###

(c)Conforming Amendments ####

(1)Authority to exempt certain vessels Section 2113(3) of title 46, United States Code, is amended by striking “**section 2101(51)(A)**” and inserting “**section 2101(53)(A)**”. ####

(2)Uninspected passenger vessels Section 4105 of title 46, United States Code, is amended— #####

(A)in subsections (b)(1) and

(c)by striking “**section 2101(51)**” each place it appears and inserting “**section 2101**”; and #####

(B)in subsection

(d)by striking “**section 2101(51)(A)**” and inserting “**section 2101(53)(A)**”. ####

(3)General authority Section 1131(a)(1)(E) of title 49, United States Code, is amended by striking “**section 2101(46)**” and inserting “**section 116**”.