Sec. 11. Requirement to report sexual assault and harassment
563 words·~3 min read·
/bill/117/hr/6866/ih/section-11·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 10104 of title 46, United States Code is amended by striking paragraphs
(a)and
(b)and inserting the following: 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. 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. 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. 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. 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. 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. 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— the nearest Coast Guard Captain of the Port; or the appropriate officer or agency of the government of the country in whose waters the incident occurs. A report in subsections
(a)and
(b)shall include, to the best of the reporter’s knowledge— the name, official position or role in relation to the vessel, and contact information of the individual making the report; the name and official number of the documented vessel; the time and date of the incident; the geographic position or location of the vessel when the incident occurred; and a brief description of the alleged sexual harassment or sexual assault being reported. 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. 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. .