The Safer Seas Act
Full text and pdf links of the Safer Seas Act below. For questions about the Safer Seas Act contact Ryan Melogy (ryan at maritimelegalaid dot com).
December 27, 2022
New York, NY
By: J. Ryan Melogy
The Safer Seas Act is historic maritime safety legislation first introduced in the House of Representatives as H.R. 6866 by Rep. Peter DeFazio (D-OR) on February 28, 2022. DeFazio’s bill was a direct response to the Midshipman-X scandal and the systemic maritime safety failures that she exposed through the September 28, 2021 publication of her now infamous blog post.
Provisions from the Safer Seas Act eventually became part of the “Don Young Coast Guard Authorization Act of 2022 (DYCGAA22),” and the DYCGAA22 eventually became part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (NDAA 2023).
The NDAA 2023, including the Safer Seas Act provisions, was passed by the House of Representatives on December 8, 2022. The NDAA 2023 was passed by the United States Senate on December 15, 2022 and signed by President Joe Biden on December 27, 2023 as part of the National Defense Authorization Act of 2023.
For a pdf version of the final Safer Seas Act provisions, click here.
The Safer Seas Act of 2022
TITLE CXVI—SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
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’’.
SEC. 11602. 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:
‘‘§ 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—
‘‘(1) chapter 109A of title 18, except for subsection (b) of section 2244 of title 18; or
‘‘(2) a substantially similar offense under State, local, or Tribal law.
‘‘(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 offense under State, local, or Tribal law.’’
(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. 11603. 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 77045 the following:
‘‘§ 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) 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 analysis for 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. 11604. 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 telephone number, website address, and email address for reporting allegations of sexual assault and sexual harassment to the Coast Guard;
‘‘(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. 11605. PROTECTION AGAINST DISCRIMINATION
Section 2114(a) of title 46, United States Code, is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively; and
(B) 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;’’; and
(2) in paragraphs (2) and (3) by striking ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph (1)(C)’’.
SEC. 11606. ALCOHOL AT SEA.
(a) IN GENERAL .—The Commandant shall seek to enter into an agreement with the National Academy of Sciences not later than 1 year after the date of enactment of this Act under which the National Academy of Sciences shall prepare an assessment to determine safe levels of alcohol consumption and possession by crew members aboard vessels of the United States engaged in commercial service, except when such possession is associated with the commercial sale to individuals aboard the vessel who are not crew members.
(b) ASSESSMENT .—The assessment prepared pursuant to subsection (a) shall—
(1) take into account the safety and security of every individual on the vessel;
(2) take into account reported incidences of sexual harassment or sexual assault, as defined in section 2101 of title 46, United States Code; and
(3) provide any appropriate recommendations for any changes to laws, regulations, or employer policies.
(c) SUBMISSION .—Upon completion of the assessment under this section, the National Academy of Sciences shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Commandant, and the Secretary the assessment prepared pursuant to subsection (a).
(d) REGULATIONS .—The Commandant—
(1) shall, not later than 180 days after receiving the submission of the assessment under subsection (c), review the changes to regulations recommended in such assessment; and
(2) taking into account the safety and security of every individual on vessels of the United States engaged in commercial service, may issue regulations relating to alcohol consumption on such vessels.
(e) SAVINGS CLAUSE .—To the extent the Commandant issues regulations establishing safe levels of alcohol consumption in accordance with subsection (d), the Commandant may not issue regulations which prohibit—
(1) the owner or operator of a vessel from imposing additional restrictions on the consumption of alcohol, including the prohibition of the consumption of alcohol on such vessels; and
(2) possession of alcohol associated with the commercial sale to individuals aboard the vessel who are not crew members.
(f) REPORT REQUIRED .—If, by the date that is 2 years after the receipt of the assessment under subsection (c), the Commandant does not issue regulations under subsection (d), the Commandant shall provide a report by such date to the committees described in subsection (c)—
(1) containing the rationale for not issuing such regulations; and
(2) providing other recommendations as necessary to ensure safety at sea.
SEC. 11607. SURVEILLANCE REQUIREMENTS.
(a) IN GENERAL .—Part B of subtitle II of title 46,6 United States Code, is amended by adding at the end the following:
‘‘CHAPTER 49—OCEANGOING NON-PASSENGER COMMERCIAL VESSELS
‘‘§ 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 individuals on board that are—
‘‘(A) on a voyage of at least 600 miles and crosses seaward of the Boundary Line; or
‘‘(B) 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 individuals on board that are operating for no less than 72 hours on waters superjacent to the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (4310 U.S.C. 1331(a)).
‘‘(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 Don Young Coast Guard Authorization Act of 2022, 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 .—The owner of a vessel to which this section applies shall ensure that access to records of video and audio surveillance is not used as part of a labor action against a crew member 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 1 year 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 5 years from the date of the alleged incident.
‘‘(g) PERSONNEL TRAINING .—A vessel owner or employer of a seafarer shall provide training for all individuals employed by the owner or employer for the purpose of responding to incidents of sexual assault or sexual harassment, including—
‘‘(1) such training to ensure the individuals—
‘‘(A) retain audio and visual records and other evidence objectively; and
‘‘(B) act impartially without influence from the company or others; and
‘‘(2) training on applicable Federal, State, Tribal, and local laws and regulations regarding sexual assault and sexual harassment investigations and reporting requirements.
‘‘(g) DEFINITION OF OWNER .—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. 11608. MASTER KEY CONTROL.
(a) IN GENERAL .—Chapter 31 of title 46, United States Code, is amended by adding at the end the following:
‘‘§ 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 log book information on all access and use of the vessel’s master key, including—
‘‘(A) dates and times of access;
‘‘(B) the room or location accessed; and
‘‘(C) the name and rank of the crew member that used the master key; and
‘‘(4) make the list under paragraph (2) and the log book 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 LOG BOOK .—The log book described in subsection (a)(3) and required to be included in a safety management system under section 3203(a)(6)—
‘‘(1) may be electronic; and
‘‘(2) shall be located in a centralized location
that is readily accessible to law enforcement personnel.
‘‘(d) PENALTY .—Any crew member 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. 11609. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT.
Section 10104 of title 46, United States Code, is amended by striking subsections (a) and (b) and inserting the following:
‘‘(a) MANDATORY REPORTING BY RESPONSIBLE ENTITY OF A VESSEL .—
‘‘(1) IN GENERAL .—The responsible entity of a vessel shall report to the Commandant any complaint or incident of harassment, sexual harassment, or sexual assault in violation of employer policy or law, of which such entity is made aware.
‘‘(2) PENALTY .—A responsible entity of a vessel who knowingly fails to report in compliance with paragraph (1) is liable to the United States Government for a civil penalty of not more than $50,000.
‘‘(b) REPORTING PROCEDURES .—
‘‘(1) RESPONSIBLE ENTITY OF A VESSEL REPORTING .—A report required under subsection (a) shall be made immediately after the responsible entity of a vessel gains knowledge of a sexual assault or sexual harassment incident by the fastest telecommunication channel available to—
‘‘(A) a single entity in the Coast Guard designated by the Commandant to receive such reports; and
‘‘(B) the appropriate officer or agency of the government of the country in whose waters the incident occurs.
‘‘(2) CONTENTS .—Such shall include, to the best of the knowledge of the individual making the report—
‘‘(A) the name, official position or role in relation to the vessel, and contact information of such individual;
‘‘(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.
‘‘(3) RECEIVING REPORTS ; COLLECTION OF INFORMATION .—
‘‘(A) RECEIVING REPORTS .—With respect to reports submitted under subsection (a), the Commandant—
‘‘(i) may establish additional reporting procedures, including procedures for receiving reports through—
‘‘(I) a single telephone number that is continuously manned at all times; and
‘‘(II) a single email address that is continuously monitored; and
‘‘(ii) shall use procedures that include preserving evidence in such reports and providing emergency service referrals.
‘‘(B) COLLECTION OF INFORMATION .—
After receipt of the report made under subsection (a), the Coast Guard shall collect information related to the identity of each alleged victim, alleged perpetrator, and any witnesses identified in the report through means designed to protect, to the extent practicable, the personal identifiable information of such individuals.
‘‘(c) SUBPOENA AUTHORITY .—
‘‘(1) IN GENERAL .—The Commandant may compel the testimony of witnesses and the production of any evidence by subpoena to determine compliance with this section.
‘‘(2) JURISDICTIONAL LIMITS .—The jurisdictional limits of a subpoena issued under this section are the same as, and are enforceable in the same manner as, subpoenas issued under chapter 63 of this title.
‘‘(d) COMPANY AFTER -ACTION SUMMARY .—
‘‘(1) A responsible entity of a vessel that makes a report under subsection (a) shall—
‘‘(A) submit to the Commandant a document with detailed information to describe the actions taken by such entity after becoming aware of the sexual assault or sexual harassment incident, including the results of any investigation into the complaint or incident and any action taken against the offending individual; and
‘‘(B) make such submission not later than 10 days after such entity made the report under subsection (a).
‘‘(2) CIVIL PENALTY .—A responsible entity of a vessel that fails to comply with paragraph (1) is liable to the United States Government for a civil penalty of $25,000 and $500 shall be added for each day of noncompliance, except that the total amount of a penalty with respect to a complaint or incident shall not exceed $50,000 per violation.
‘‘(e) INVESTIGATORY AUDIT .—The Commandant shall periodically perform an audit or other systematic review of the submissions made under this section to determine if there were any failures to comply with the requirements of this section.
‘‘(f) APPLICABILITY ; REGULATIONS .—
‘‘(1) REGULATIONS .— The Secretary may issue regulations to implement the requirements of this section.
‘‘(2) INTERIM REPORTS .—Any report required to be made to the Commandant under this section shall be made to the Coast Guard National Command Center, until regulations implementing the procedures required by this section are issued.
‘‘(g) DEFINITION OF RESPONSIBLE ENTITY OF A VESSEL .—In this section, the term ‘responsible entity of a vessel’ means—
‘‘(1) the owner, master, or managing operator of a documented vessel engaged in commercial service; or
‘‘(2) the employer of a seafarer on such a vessel.’’
SEC. 11610. SAFETY MANAGEMENT SYSTEM.
(a) SAFETY MANAGEMENT SYSTEM .—Section 320322 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 responsible persons and vessels to which this chapter applies on—
‘‘(A) prevention;
‘‘(B) bystander intervention;
‘‘(C) reporting;
‘‘(D) response; and
‘‘(E) investigation;
‘‘(6) the list required under section 3106(a)(2)
and the log book required under section
3106(a)(3);’’;
(2) by redesignating subsections (b) and (c) as
subsections (d) and (e), 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.
‘‘(c) AUDITS .—
‘‘(1) CERTIFICATES .—
‘‘(A) SUSPENSION .—During an audit of a safety management system of a vessel required under section 10104(e), the Secretary may suspend the Safety Management Certificate issued for the vessel under section 3205 and issue a separate Safety Management Certificate for the vessel to be in effect for a 3-month period beginning on the date of the issuance of such separate certificate.
‘‘(B) REVOCATION .—At the conclusion of an audit of a safety management system required under section 10104(e), the Secretary shall revoke the Safety Management Certificate issued for the vessel under section 3205 if the Secretary determines—
‘‘(i) that the holder of the Safety Management Certificate knowingly, or repeatedly, failed to comply with section 10104; or
‘‘(ii) other failure of the safety management system resulted in the failure to comply with such section.
‘‘(2) DOCUMENTS OF COMPLIANCE .—
‘‘(A) IN GENERAL .—Following an audit of the safety management system of a vessel required under section 10104(e), the Secretary may audit the safety management system of the responsible person for the vessel.
‘‘(B) SUSPENSION .—During an audit under subparagraph (A), the Secretary may suspend the Document of Compliance issued to the responsible person under section 3205 and issue a separate Document of Compliance to such person to be in effect for a 3-month period beginning on the date of the issuance of such separate document.
‘‘(C) REVOCATION .—At the conclusion of an assessment or an audit of a safety management system under subparagraph (A), the Secretary shall revoke the Document of Compliance issued to the responsible person if the Secretary determines—
‘‘(i) that the holder of the Document of Compliance knowingly, or repeatedly, failed to comply with section 10104; or
‘‘(ii) that other failure of the safety management system resulted in the failure to comply with such section.’’
(b) VERIFICATION OF COMPLIANCE .—Section 3205(c)(1) of title 46, United States Code, is amended by inserting ‘‘, or upon discovery from other sources of information acquired by the Coast Guard, including a discovery made during an audit or systematic review conducted under section 10104(e) of a failure of a responsible person or vessel to comply with a requirement of a safety management system for which a Safety Management Certificate and a Document of compliance has been issued under this section, including a failure to comply with regulations prescribed under section 3203(a)(7) and (8),’’ after ‘‘periodically’’.
SEC. 11611. REPORTS TO CONGRESS.
(a) IN GENERAL .—Chapter 101 of title 46, United States Code, is amended by adding at the end the following:
‘‘§ 10105. Reports to Congress
‘‘(a) IN GENERAL .—Not later than 1 year after the date of enactment of the Don Young Coast Guard Authorization Act of 2022, and on an annual basis thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
‘‘(1) the number of reports received under section 10104;
‘‘(2) the number of penalties issued under such section;
‘‘(3) the number of open investigations under such section, completed investigations under such section, and the outcomes of such open or completed investigations;
‘‘(4) the number of assessments or audits conducted under section 3203 and the outcome of those assessments or audits;
‘‘(5) a statistical analysis of compliance with the safety management system criteria under section 3203;
‘‘(6) the number of credentials denied or revoked due to sexual harassment, sexual assault, or related offenses; and
‘‘(7) recommendations to support efforts of the Coast Guard to improve investigations and oversight of sexual harassment and sexual assault in the maritime sector, including funding requirements and legislative change proposals necessary to ensure compliance with title CXVI of the Don Young Coast Guard Authorization Act of 2022 and the amendments made by such title.
‘‘(b) PRIVACY .—In collecting the information required under subsection (a), the Commandant shall collect such information in a manner that protects the privacy rights of individuals who are subjects of such information.’’.
(b) CLERICAL AMENDMENT .—The analysis for chapter 101 of title 46, United States Code, is amended by adding at the end the following:
‘‘10105. Reports to Congress.’’.