[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2990 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2990
To amend the National Defense Authorization Act for Fiscal Year 2017 to
address sexual harassment involving National Oceanic and Atmospheric
Administration personnel, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Ms. Bonamici (for herself, Mrs. Gonzalez-Colon, Mr. Huffman, and Ms.
Salazar) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the National Defense Authorization Act for Fiscal Year 2017 to
address sexual harassment involving National Oceanic and Atmospheric
Administration personnel, 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 may be cited as the ``National Oceanic and Atmospheric
Administration Sexual Harassment and Assault Prevention Improvements
Act of 2023''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a provision, the reference shall be considered to be made to a
provision of subtitle C of title XXXV of Public Law 114-328 (33 U.S.C.
894 et seq.).
SEC. 3. POLICY ON THE PREVENTION OF AND RESPONSE TO SEXUAL HARASSMENT
INVOLVING NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
PERSONNEL.
Section 3541(f) (33 U.S.C. 894(f)) is amended--
(1) by inserting ``and equal employment'' after ``sexual
harassment'' each place it appears; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the
following:
``(C) A synopsis of each case and the disciplinary
action taken, if any, in each case.''.
SEC. 4. ANNUAL REPORT ON SEXUAL ASSAULTS, SEXUAL HARASSMENT, AND EQUAL
EMPLOYMENT.
Section 3548 (33 U.S.C. 894e) is amended--
(1) by striking the section heading and inserting the
following: ``annual report on sexual assaults, sexual
harassment, and equal employment in the national oceanic and
atmospheric administration.'';
(2) in subsection (a), by striking ``the sexual assaults
involving'' and inserting ``sexual assault and sexual
harassment involving and the equal employment of''; and
(3) in subsection (b)--
(A) in paragraph (4), by inserting ``, including a
synopsis of each case and the disciplinary action
taken, if any, in each case'' before the period at the
end; and
(B) by adding at the end the following:
``(5) A summary of the number of change of station, unit
transfer, and change of work location requests submitted to the
Under Secretary under section 3544(a), including the number of
such requests that were denied.
``(6) A summary of the number of cases referred to the
Coast Guard under this section.
``(7) The number of alleged sexual assaults and sexual
harassment cases involving fisheries observers, protected
species observers, and endangered species observers,
including--
``(A) a synopsis of each case and the status of
such case;
``(B) the disposition of any investigation; and
``(C) a description of the fishery management
region and fishery or the geographic region and type of
permitted operation in which the sexual assault or
sexual harassment is alleged to have occurred, as
appropriate.''.
SEC. 5. INVESTIGATION AND CRIMINAL REFERRAL REQUIREMENTS.
(a) Technical Amendment.--Sections 3548 and 3549 (33 U.S.C. 894e
and 894f) are redesignated as sections 3551 and 3552, respectively.
(b) In General.--Subtitle C of title XXXV (33 U.S.C. 894 et seq.)
is amended by inserting after section 3547 (33 U.S.C. 894d-2) the
following:
``SEC. 3548. EXCEPTIONS REGARDING ANONYMITY OF SURVIVORS IN CERTAIN
CASES.
``(a) In General.--In any case in which an employee, member of the
commissioned officer corps of the Administration, or covered personnel
elects restricted or unrestricted reporting under section 3541(b)(3)(B)
or 3542(b)(5)(B), disclosure of the personally identifying information
of such individual is authorized to the following persons or
organizations when disclosure would be for the following reasons:
``(1) To Administration staff or law enforcement personnel,
if authorized by the survivor in writing.
``(2) To Administration staff or law enforcement personnel
to prevent or lessen a serious or imminent threat to the health
or safety of the survivor or another person.
``(3) To a survivor advocate or healthcare provider, if
required for the provision of survivor services.
``(4) To a State or Federal court, if pursuant to a court
order or if disclosure is required by Federal or State statute.
``(b) Notice of Disclosure and Privacy Protection.--In any case in
which information is disclosed under subsection (a), the Secretary
shall--
``(1) make reasonable attempts to provide notice to the
individual whose personally identifying information is
disclosed; and
``(2) take such action as is necessary to protect the
privacy and safety of the individual.
``SEC. 3549. RESTRICTED REPORTING.
``(a) In General.--Not later than 3 years after the date of the
enactment of the National Oceanic and Atmospheric Administration Sexual
Harassment and Assault Prevention Improvements Act of 2023, the
Secretary of Commerce, acting through the Under Secretary for Oceans
and Atmosphere, shall develop a mechanism to provide a system of
restricted reporting.
``(b) Restricted Reporting Defined.--In this section the term
`restricted reporting' means a system of reporting that allows
employees of the Administration, members of the commissioned officer
corps of the Administration, and covered personnel who allege that they
have been sexually harassed or sexually assaulted to confidentially
disclose the details of such sexual harassment or sexual assault to
specified individuals and receive the services outlined in this
subtitle--
``(1) without the dissemination of the personally
identifying information of such individual except as necessary
for the provision of such services and as provided by section
3548(a); and
``(2) without automatically triggering an investigative
process.
``SEC. 3550. MARINER REFERRAL.
``The Under Secretary of Commerce for Oceans and Atmosphere, acting
through the Director of the Office of Marine and Aviation Operations
and in consultation with the Commandant of the Coast Guard, shall, not
later than 180 days after the date of the enactment of the National
Oceanic and Atmospheric Administration Sexual Harassment and Assault
Prevention Improvements Act of 2023, develop and implement a policy to
report to the Commandant of the Coast Guard, in accordance with section
10104 of title 46, United States Code, the names of personnel of the
Administration who--
``(1) are the subject of a claim of an act or offense
detrimental to good discipline and safety at sea, such as
sexual harassment or sexual assault that is substantiated by an
investigation under section 3546, or any other substantiated
claim of an act or offense for which suspension or revocation
of a credential is either mandatory or sought pursuant to part
5 of title 46, Code of Federal Regulations; and
``(2) are--
``(A) employees or contractors of the
Administration required to hold a valid merchant
mariner credential as a condition of employment; or
``(B) crew of a vessel that, at the time of such
act or offense, was operating under a contract with the
Administration.''.
SEC. 6. DEFINITIONS.
Section 3552 is amended to read as follows:
``SEC. 3552. DEFINITIONS.
``In this subtitle:
``(1) Administration.--The term `Administration' means the
National Oceanic and Atmospheric Administration.
``(2) Covered personnel.--The term `covered personnel'
means an individual who works with or conducts business on
behalf of the Administration and includes--
``(A) observers, at-sea monitors, and catch
monitors required by the National Marine Fisheries
Service to operate on or in commercial fishing vessels,
other privately owned vessels, barges, or platforms,
and shoreside processing facilities for--
``(i) commercial fisheries observation
required by the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801
et seq.);
``(ii) protected species or endangered
species observation required by the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.) or the Endangered Species Act of 1973
(16 U.S.C. 1351 et seq.); or
``(iii) platform removal observation; and
``(B) voting members and executive and
administrative staff of regional fishery management
councils established by section 302 of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1852).
``(3) Sexual assault.--The term `sexual assault' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).''.
SEC. 7. CONFORMING AND CLERICAL AMENDMENTS.
(a) Conforming Amendments.--Subtitle C of title XXXV (33 U.S.C. 894
et seq.) is amended--
(1) by striking ``individuals who work with or conduct
business on behalf of the Administration'' each place it
appears and inserting ``covered personnel'';
(2) by striking ``National Oceanic and Atmospheric'' each
place it appears, except--
(A) when it appears as ``National Oceanic and
Atmospheric Administration Sexual Harassment and
Assault Prevention Improvements Act of 2023'';
(B) in section 3551, in the section heading; and
(C) in section 3552(1);
(3) by striking the term ``victims'' each place it appears
and inserting ``survivors'';
(4) in section 3541(b)(2)(B), by striking ``victim'' and
inserting ``target of sexual harassment'';
(5) in section 3542--
(A) in subsection (b)(9)--
(i) by striking ``Victim'' and inserting
``Survivor''; and
(ii) by striking ``victim'' and inserting
``survivor''; and
(B) in subsection (c)--
(i) in the heading, by striking ``Victim''
and inserting ``Survivor'';
(ii) in paragraph (2), in the heading, by
striking ``Victim'' and inserting ``Survivor'';
and
(iii) by striking the term ``victim'' each
place it appears and inserting ``survivor'';
(6) in section 3543--
(A) in the heading, by striking ``victim'' and
inserting ``survivor''; and
(B) by striking ``victim'' and inserting
``survivor''; and
(7) in section 3544--
(A) in subsection (a)--
(i) by striking ``Victims'' and inserting
``Survivors''; and
(ii) in paragraph (1), by striking ``was''
each place it appears and inserting ``is''; and
(B) by striking ``victim'' each place it appears
and inserting ``survivor''.
(b) Clerical Amendment.--Each of the tables of contents in section
2(b) and at the beginning of title XXXV of Public Law 114-328 are
amended--
(1) by striking the item relating to section 3543 and
inserting the following:
``Sec. 3543. Rights of the survivor of a sexual assault.''; and
(2) by striking the items relating to sections 3548 and
3549 and inserting the following:
``Sec. 3548. Exceptions regarding anonymity of survivors in certain
cases.
``Sec. 3549. Restricted reporting.
``Sec. 3550. Mariner referral.
``Sec. 3551. Annual report on sexual assaults, sexual harassment, and
equal employment in the National Oceanic
and Atmospheric Administration.
``Sec. 3552. Definitions.''.
SEC. 8. PROHIBITED ACTS.
Section 307(1)(L) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857(1)(L)) is amended--
(1) by striking ``forcibly''; and
(2) by striking ``on a vessel''.
SEC. 9. PROHIBITION ON SERVICE IN THE COMMISSIONED OFFICER CORPS OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION BY
INDIVIDUALS CONVICTED OF CERTAIN SEXUAL OFFENSES.
Section 261(a) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3071(a)) is amended--
(1) by redesignating paragraph (26) as paragraph (27); and
(2) by inserting after paragraph (25) the following:
``(26) Section 657, relating to prohibition on service by
individuals convicted of certain sexual offenses.''.
SEC. 10. DEFINITION OF RESPONSIBLE ENTITY OF A VESSEL.
Section 10104(g) of title 46, United States Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) the Director of the Office of Marine and Aviation
Operations, with respect to each vessel owned or operated by
the National Oceanic and Atmospheric Administration.''.
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