22 December 2022 (Lloyd's List) - LEGISLATION protecting seafarers and US Merchant Marine Academy cadets has been cleared by Congress under the annual National Defence Authorisation Act. The new measures include a requirement to place surveillance cameras near staterooms on non-passenger commercial vessels, an expansion and clarification of shipping companies’ reporting requirements for incidents of sexual violence, and require the coastguard to produce an annual report for Congress detailing incidents of sexual violence on ships. Notably, it also grants the US Coast Guard authority to suspend and revoke vessels’ safety certifications and documents of compliance if its operators knowingly fail to comply with the amended reporting requirements. Christine Dunn, partner and co-chair of the criminal/sexual violence practice group at Sanford Heisler Sharp, told Lloyd’s List the legislation is a good first step to ensure crew members’ safety, but cautioned that the law is only as good as it is enforced, and regulations have gone ignored in the past. “I think some of these things are really important to ensure the safety of crew members,” Ms Dunn said. “Things like surveillance requirements outside of state rooms, I think [are] really important for helping to prevent sexual assaults. If potential abusers know that they’re going to be recorded, and it’s going to be retained, hopefully they’ll think twice about assaulting a crew member.” “You can have all the laws in the world but if the people on the ground aren't following the rules and aren't enforcing these rules, then then they’re a bit meaningless,” she added. “But hopefully things like greater surveillance and reporting requirements will have some teeth and it will make a difference on ships.” The legislation draws on provisions from the Safer Seas Act, a bill drafted by Representative Peter DeFazio, who chairs the House of Representatives’ Transportation and Infrastructure Committee. Mr DeFazio introduced the bill in March, several months after an explosive blog post by then-MMA cadet Hope Hicks — written under the moniker Midshipman-X — sent shockwaves across the industry. In her post, Ms Hicks provided an account of the toxic environment on board a Maersk Line ship she was working on during her Sea Year programme, where she was raped by a senior crew member. Ms Dunn, who represented Midshipman-X and another cadet, Midshipman-Y in a lawsuit filed against Maersk, which was recently concluded upon settlement, said that the legislation is the result of Midshipman-X and other women coming forward and shedding light on the issue. “The more this stuff is brought into light, the more protections are going to be demanded and put in place.” While the legislation enacts important new guardrails for seafarers, certain provisions from the Safer Seas Act did not make it to the NDAA. One key provision omitted would have levied a hefty fine on companies for each day they knowingly failed to report an incident of sexual violence to the US Coast Guard. The final version of the bill contains a measly fine of $250 per day and caps it at $50,000. “I think the monetary penalty for noncompliance is a joke,” said J. Ryan Melogy, who was also part of Midshipman-X legal team and is the founder of the non-profit Maritime Legal Aid & Advocacy. “The bill the Senate passed included a $50,000 per day penalty for non-compliance, which was a serious penalty. The industry clearly fought hard against that and won. Not reporting an oil spill into the marine environment is a criminal offense, and I think rape should be treated as seriously as spilling oil.” However, he added that giving the coastguard authority to revoke a vessel’s safety management system certificate if it fails to comply with reporting requirements is a “strong penalty”. Another provision from the original bill that was omitted would have extended the statute of limitations for injuries resulting from sexual violence from three years to five. The passed bill also includes requirements to post accommodation notices to include procedures on how to report crimes directly to the coast guard. According to Mr Melogy, ships typically only post the contact number of the Designated Person Ashore, which is usually a company representative. “The most important provisions are the reporting provisions that amend [the reporting requirements under] Section 10104 of Title 46,” said Mr Melogy. “Nothing can change until vessel operators are required to report all allegations of shipboard sexual harassment and assault to the US Coast Guard. Until now, companies have handled these complaints internally — even allegations of federal sex crimes. Going forward, the coastguard will receive the reports, and companies that fail to report will face serious consequences.” Mr Melogy added that he believes these reports will paint an extremely disturbing picture of the scale of sexual misconduct in the industry, which will ultimately lead to more congressional action in the future. “I believe these reports will disturb Congress and lead to even greater changes in future legislative cycles. That’s certainly what we will be fighting to achieve.”