Sec. 610. Requirement to report sexual assault and harassment
1,058 words·~5 min read·
/bill/117/s/4802/is/section-610·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 subsections
(a)and
(b)and inserting the following: A crew member of a documented vessel shall report to the Commandant in accordance with subsection
(c)any complaint or incident of sexual harassment or sexual assault of which the crew member has firsthand or personal knowledge. Except as provided in paragraph (3), a crew member 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
(1)is liable to the United States Government for a civil penalty of not more than $25,000. A crew member who knowingly fails to make the required reporting under paragraph
(1)shall not be subject to the penalty described in paragraph
(2)if the complaint is shared in confidence with the crew member directly from the individual who experienced the sexual harassment or sexual assault or the crew member is a victim advocate as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). A vessel owner, master, or managing operator of a documented vessel or the employer of a seafarer on that vessel shall report to the Commandant in accordance with subsection
(c)any complaint or incident of sexual harassment or sexual assault involving a crew member in violation of employer policy or law of which such vessel owner or managing operator is made aware. Such reporting shall include results of any investigation into the incident, if applicable, and any action taken against the offending crew member. A vessel owner, master, or managing operator of a documented vessel or the employer of a seafarer on that 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. A report required under subsection
(a)shall be made as soon as practicable, but not later than 10 days after the individual develops firsthand or personal knowledge of the sexual assault or sexual harassment incident, to the Commandant by the fastest telecommunications channel available. A report required under subsection
(b)shall be made immediately after the vessel owner, master, managing operator, or employer of the seafarer gains knowledge of a sexual assault or sexual harassment incident by the fastest telecommunications channel available. Such report shall be made to the Commandant and the appropriate officer or agency of the government of the country in whose waters the incident occurs. A report required under subsection
(a)or
(b)shall include, to the best of the knowledge of the individual making the report— 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. With respect to reports submitted under this subsection to the Coast Guard, the Commandant— may establish additional reporting procedures, including procedures for receiving reports through— a telephone number that is continuously manned at all times; and an email address that is continuously monitored; and shall use procedures that include preserving evidence in such reports and providing emergency service referrals. After receiving a report under this subsection, the Commandant shall collect information related to the identity of each alleged victim, alleged perpetrator, and witness identified in the report through a means designed to protect, to the extent practicable, the personal identifiable information of such individuals. The Commandant may compel the testimony of witnesses and the production of any evidence by subpoena to determine compliance with this section. 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. A vessel owner, master, managing operator, or employer of a seafarer that makes a report under subsection (b), or becomes aware of a report made under subsection
(a)that involves an individual employed by the owner, master, operator, or employer at the time of the sexual assault or sexual harassment incident, shall— submit to the Commandant a document with detailed information to describe the actions taken by the vessel owner, master, managing operator, or employer of a seafarer after it became aware of the sexual assault or sexual harassment incident; and make such submission not later than 10 days after the vessel owner, master, managing operator, or employer of a seafarer made the report under subsection (b), or became aware of a report made under subsection
(a)that involves an individual employed by the owner, master, operator, or employer at the time of the sexual assault or sexual harassment incident. A vessel owner, master, managing operator, or employer of a seafarer shall— submit to the Commandant copies of all records, including documents, files, recordings, statements, reports, investigatory materials, findings, and any other materials requested by the Commandant related to the claim of sexual assault or sexual harassment; and make such submission not later than 14 days after— the vessel owner, master, managing operator, or employer of a seafarer submitted a report under subsection (b); or the vessel owner, master, managing operator, or employer of a seafarer acquired knowledge of a report made under subsection
(a)that involved individuals employed by the vessel owner, master, managing operator, or employer of a seafarer. 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. A vessel owner, master, managing operator, or employer of a seafarer that fails to comply with subsection
(e)or
(f)is liable to the United States Government for a civil penalty of $50,000 for each day a failure continues. The requirements of this section take effect on the date of enactment of the Coast Guard Authorization Act of 2022 . The Commandant may issue regulations to implement the requirements of this section. Any report required to be made to the Commandant under this section shall be made to the Coast Guard National Command Center, until regulations establishing other reporting procedures are issued. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 610
Requirement to report sexual assault and harassment
Cites 1Cited by 0 across 0 sources