Pub. L. 117-263, div. K, tit. CXVI, sec. 11601 (as amended)
DEFINITIONS.
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”.