Seagoing Anti-Discriminatory Treatment Act - Amends Federal law to prohibit a member of the Coast Guard from engaging in hazing. Provides for enforcement.
Amends the Merchant Marine Act, 1936 to prohibit an individual involved in maritime education or training from engaging in hazing. Defines "individual involved in maritime education and training" to mean individuals associated with the U.S. Merchant Marine Academy or with a State or regional maritime academy or training institution receiving Federal cooperation or assistance under provisions of such Act relating to maritime education and training. Provides for enforcement, including requiring the Secretary of the department in which the Coast Guard is operating, if the Secretary finds that a violation has occurred, to withdraw all assistance and cooperation under such provisions unless the individuals engaged in hazing are permanently separated from the institution.
Amends Federal law to remove references to the merchant marine from a list of exemptions to provisions prohibiting discrimination on the basis of sex under any education program or activity receiving Federal financial assistance.
Amends provisions of Federal law relating to protection and relief of merchant seamen to require an individual in charge of a U.S. vessel engaged in commerce to report to the Secretary of the department in which the Coast Guard is operating a complaint of a sexual offense prohibited under provisions of Federal criminal law relating to sexual abuse.
Amends Federal law relating to vessels and seamen to prohibit a seaman from engaging in hazing onboard a U.S. vessel.
Amends the Magnuson Fishery Conservation and Management Act to make it unlawful to assault or interfere with an observer on a vessel under the Act. Adds such actions to provisions listing criminal offenses and their punishments.
HR 2446 IH 101st CONGRESS 1st Session H. R. 2446 To prohibit hazing or sexual harassment in the Coast Guard, the merchant marine, or otherwise at sea, and for other purposes. IN THE HOUSE OF REPRESENTATIVES May 23, 1989 Mr. DAVIS introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries A BILL To prohibit hazing or sexual harassment in the Coast Guard, the merchant marine, or otherwise at sea, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act shall be cited as the `Seagoing Anti-Discriminatory Treatment Act'. SEC. 2. HAZING PROHIBITED IN THE COAST GUARD. Chapter 13 of title 14, United States Code, is amended as follows: (1) Add a new section 513 at the end as follows: `Sec. 513. Hazing prohibited `(a) In this section `hazing' means any act by a member of the Coast Guard causing or permitting another individual to suffer or be exposed to any cruelty, indignity, humiliation, hardship, or oppression, or the deprivation or abridgement of any right. `(b) A member of the Coast Guard may not engage in hazing. `(c) Hazing is an offense that may be dealt with as an offense against good order and discipline or as a violation of the regulations of the Coast Guard. However, members may be dismissed for a single act of hazing only when sentenced by a court-martial. `(d) The finding and sentence of a court-martial of a member for hazing shall be reviewed in the manner prescribed for general court-martial cases. `(e) A member who is sentenced to imprisonment for hazing may not be confined with other members who have been convicted of crimes or misdemeanors. `(f) A member who is separated from the Coast Guard for hazing may not be reappointed or reenlisted in the armed services. `(g) The Secretary shall prescribe regulations to carry out this section.', and (2) Add a new item 513 at the end of the chapter analysis as follows: `513. Hazing prohibited.'. SEC. 3. MARITIME EDUCATION PROHIBITIONS. (a) HAZING PROHIBITED AT MARITIME ACADEMIES- Title XIII of the Merchant Marine Act, 1936 (46 App. U.S.C. 1301 et seq.) is amended by adding a new section 1309 at the end as follows: `SEC. 1309. (a) In this section-- `(1) `hazing' means any act by an individual involved in maritime education and training causing or permitting another individual to suffer or be exposed to any cruelty, indignity, humilitation, hardship, or oppression, or the deprivation or abridgement of any right. `(2) `individual involved in maritime education and training' means-- `(A) in the case of the United States Merchant Marine Academy, a cadet, employee, or other individual detailed to the Academy; or `(B) in the case of a State or regional maritime academy or training institution receiving Federal cooperation or assistance under this title, a student, employee, or other individual detailed to the martime academy or institution. `(b) An individual involved in martime education or training may not engage in hazing. `(c) If the Secretary finds that a violation of subsection (b) of this section has occurred, the Secretary shall withdraw all assistance and cooperation under this title unless the individuals engaged in hazing are premanently separated from the Academy, an academy, or an institution. `(d) An individual who is separated from the Academy, an academy, or an institution for hazing may not serve in the armed services of the United States or be issued a license, certificate of registry, or document under part E of subtitle II of title 46, United States Code. `(e) The Secretary shall prescribe regulations to carry out this section.'. (b) SEX DISCRIMINATION PROHIBITED- Section 901(a)(A) of Public Law 92-318 (20 U.S.C. 1681(a)(4)) is amended by striking `United States, or the merchant marine;' and substituting `United States;'. SEC. 4. REQUIREMENT TO REPORT SEXUAL OFFENSES. Section 10103 of title 46, United States Code, is amended by adding at the end the following new subsection: `(c) A master or other individual in charge of a United States vessel engaged in commerce shall report to the Secretary a complaint of a sexual offense prohibited under chapter 109A of title 18, United States Code.'. SEC. 5. SEAGOING OFFENSES PROHIBITED. Chapter 115 of title 46, United States Code, is amended as follows: (1) Add a new section 11508 at the end as follows: `Sec. 11508. Hazing prohibited `(a) In this section `hazing' means any act by a seaman causing or permitting another individual to suffer or be exposed to any cruelty, indignity, humiliation, hardship, or oppression, or the deprivation or abridgement of any right. `(b) A seaman may not engage in hazing onboard a United States vessel.'. (2) Add a new item 11508 at the end of the chapter analysis as follows: `11508. Hazing prohibited.'. SEC. 6. CRIMINAL PENALTY FOR ASSAULTING OR INTERFERING WITH OBSERVERS AND SUPPLEMENTARY OBSERVERS. (a) ESTABLISHMENT OF OFFENSE- Section 307(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857(1)) is amended-- (1) in subparagraph (H) by striking `; or' and inserting a semicolon; (2) in subparagraph (I) by striking the period at the end and inserting `; or'; and (3) by adding at the end the following new subparagraph: `(J) to forcibly assault, resist, oppose, impede, intimidate, or interfere with an observer or a supplementary observer on a vessel under this Act.'. (b) PENALTY- Section 309(a)(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1859(a)(1)) is amended to read as follows: `(1) section 307(1) (D), (E), (F), (H), (I), or (J); or'.
Introduced in House
Introduced in House
Referred to the House Committee on Merchant Marine and Fisheries.
Executive Comment Requested from Commerce and DOT.
Referred to the Subcommittee On Merchant Marine.
Referred to the Subcommittee on Fisheries and Wildlife Conservation and the Environment.
Referred to the Subcommittee on Coast Guard and Navigation.
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