46 U.S.C. § 10104 Requirement to Report Sexual Offenses

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 46 U.S.C. § 10104

(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.