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1 1 (October 28, 2021)

handle is hein.crs/goveesk0001 and id is 1 raw text is: SCongressional Research Service S October 28, 2021 Sexual Misconduct on Merchant Ships of the United States Background In 1988, the Government Accountability Office studied sexual assaults of female seafarers and recommended a requirement for the Coast Guard to be notified of these incidents (see 46 U.S.C. §10104). Starting in 2009, Congress has addressed sexual assault during seafarer training with specific legislation (see P.L. 110-417, §3507). Since 2014, the Department of Transportation Inspector General has issued three reports regarding sexual assault at the United States Merchant Marine Academy (USMMA). Merchant Marine A country's merchant marine typically is composed of its registered (flagged) ships used for trade and all seafarers who work on these ships-merchant mariners. Laws of the United States related to vessels and seafarers are enacted as Title 46, U.S. Code, Shipping. It is the policy of the United States to have a merchant marine that meets national defense objectives and develops domestic and foreign commerce. It also is the policy of the United States that the Navy and merchant marine work together to promote integration of sea power forces. The Coast Guard has superintendence over the merchant marine and its merchant mariners. The Maritime Administration (MARAD) fosters, promotes, and develops the merchant maritime industry of the United States. Merchant Mariners The Secretary of Transportation may provide education and training for the operation of the merchant marine. The Secretary of the Navy must ensure merchant marine officer education and training includes naval science and officer commissioning programs for the operation of merchant vessels as a naval and military auxiliary. Licensure and Documentation Mariners who are officers must maintain a license to work in the merchant marine. In addition to training, education, and sea service, officers must successfully complete a series of licensing examinations administered by the Coast Guard. Mariners who are ratings must maintain a document to work in the merchant marine. This document serves as a certificate of service and identification, specifying each rating in which the holder is qualified. Merchant Mariner Credential A merchant mariner credential (MMC) combines a license or document, and other maritime endorsements, into a credential resembling a United States passport with a red cover. The Coast Guard issues the MMC and is responsible for determining the suitability, security risk, competence, and qualifications of MMC applicants. Obtaining a Transportation Worker Identification Credential (TWIC) from the Department of Homeland Security is a security prerequisite for receiving an MMC. Officers and Crews Licensed officers and documented ratings in the merchant marine are comparable to commissioned officers and enlisted personnel in the armed services, respectively. A ship's master captains a merchant ship and its crew, which primarily consists of deck and engine personnel. The deck department is responsible for the ship's cargo, control, command, and navigation. The engine department is responsible for the ship's propulsion, mechanical, electrical, and refrigeration systems. Criminal Law Enforcement The Coast Guard is the lead maritime law enforcement agency of the United States. In this role, the Coast Guard's mission is to enforce federal and international law on the high seas and waters subject to U.S. jurisdiction. Merchant Marine Offenses Specific provisions in Title 46, U.S. Code, authorize prosecuting a merchant mariner for the following offenses: * desertion, * smuggling, * assaulting an officer, * absent without leave, * quitting without leave, * willful disobedience while at sea, and * willful damage of a vessel or its stores. Maritime jurisdiction Crimes A merchant mariner may be prosecuted for crimes in Title 18, U.S. Code, under the special maritime and territorial jurisdiction of the United States (18 U.S.C. §7). Administrative Law Enforcement The Coast Guard may revoke or suspend a merchant mariner's license, document, or credential. An investigating officer conducts administrative investigations of persons applying for or holding an MMC. A Coast Guard administrative law judge (AU) conducts suspension and revocation fact-finding hearings for * conviction of a disqualifying crime, * posing a security risk to a port or vessel, * violation of a maritime law or regulation, or * negligence, misconduct, or incompetence as a seafarer. Sexual Misconduct Federal shipping regulations define seafarer misconduct as human behavior which violates some formal, duly established rule. Such rules are found in, among other places, statutes, regulations, the common law, the general https://crsreports.congress.gov

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