[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2406 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2406
To amend the National Defense Authorization Act for Fiscal Year 2017 to
address sexual harassment and sexual assault involving National Oceanic
and Atmospheric Administration personnel, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2025
Ms. Bonamici (for herself, Ms. Salazar, and Mr. Huffman) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To amend the National Defense Authorization Act for Fiscal Year 2017 to
address sexual harassment and sexual assault 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 2025''.
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 the National Defense
Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 et seq.).
SEC. 3. POLICY ON 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'' in 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) Relevant data, including--
``(i) a synopsis of each case and the
disciplinary action taken, if any, with respect
to each such case; and
``(ii) data collected pursuant to the
Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002
(5 U.S.C. 2301 note).''.
SEC. 4. ANNUAL REPORT ON SEXUAL HARASSMENT, SEXUAL ASSAULT, AND EQUAL
EMPLOYMENT.
Section 3548 (33 U.S.C. 894e) is amended--
(1) by striking the section heading and inserting the
``annual report on sexual harassment, sexual assault, and equal
employment in national oceanic and atmospheric
administration''.
(2) in subsection (a), by striking ``the sexual assaults
involving'' and inserting ``sexual harassment and sexual
assault cases involving, and the equal employment of,'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``assaults'' and
inserting ``harassment and sexual assault cases'';
(B) in paragraph (4), by inserting ``, including a
synopsis of each sexual harassment and equal employment
case and the disciplinary action taken, if any, with
respect to each such case'' before the period at the
end; and
(C) 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
Secretary of Commerce, acting through the Under Secretary for
Oceans and Atmosphere, under subsection (a) of section 3544,
including the number of such requests the Secretary denied
under that subsection.
``(6) A summary of the number of cases reported to the
Commandant of the Coast Guard under section 3550.
``(7) The number of alleged sexual harassment and sexual
assault cases involving fisheries observers, protected species
observers, and endangered species observers, including--
``(A) a synopsis of each case and the status of
each 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 incident of sexual
harassment or sexual assault is alleged to have
occurred, as appropriate.''; and
(4) in subsection (c), by striking ``assault'' and
inserting ``harassment or sexual assault case''.
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) Criminal Referral.--Section 3547 (33 U.S.C. 894d-2) is
amended--
(1) by striking ``pursuant to'' and inserting ``at the
onset or during the course of''; and
(2) by inserting ``and, with respect to a licensed mariner,
the Commandant of the Coast Guard'' after ``United States
Attorney''.
(c) 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 VICTIMS IN CERTAIN
CASES.
``(a) In General.--In any case in which an employee of the
Administration, 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 to
the following persons or organizations of the personally identifying
information of such individual is authorized for the following reasons:
``(1) To Administration staff or law enforcement personnel,
if authorized by the victim 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 victim or another person.
``(3) To a victim advocate or healthcare provider, if
required for the provision of victim 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; Privacy Protection.--If information
described in subsection (a) is disclosed under that subsection, the
Secretary shall--
``(1) make reasonable attempts to provide notice to the
individual the information of whom is so disclosed; and
``(2) take such action as is necessary to protect the
privacy and safety of the individual.
``SEC. 3549. RESTRICTED REPORTING UPDATE.
``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 2025, the Secretary of Commerce,
acting through the Under Secretary for Oceans and Atmosphere, shall
update the policies developed under sections 3541 and 3542 with respect
to the mechanism established under subsections (b)(3)(B) and (b)(5)(B)
of those sections, respectively, such that each such mechanism provides
for a restricted reporting system that allows an employee of the
Administration, member of the commissioned officer corps of the
Administration, or covered personnel who alleges to 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 REPORTING.
``(a) Mandatory Reporting by Responsible Entity of a Vessel.--
``(1) Unrestricted reports.--The responsible entity of a
vessel shall report to the Commandant of the Coast Guard any
incident of sexual harassment or sexual assault in violation of
employer policy or law, of which the responsible entity of a
vessel is made aware, involving--
``(A) an employee or contractor of the
Administration who is required to hold a valid merchant
mariner credential as a condition of employment; or
``(B) a crewmember of a vessel that, at the time of
such incident, was operating under a contract with the
Administration.
``(2) Restricted reports.--Paragraph (1) does not apply
with respect to an incident of sexual harassment or sexual
assault reported on a restricted basis pursuant to the
mechanisms established for such reporting under sections
3541(b)(3)(B) and 3542(b)(5)(B), respectively.
``(b) Reporting Procedures.--
``(1) In general.--
``(A) Timing of reporting.--The responsible entity
of a vessel shall make a report required under
subsection (a)(1) as soon as the responsible entity of
a vessel is made aware of the incident of sexual
harassment or sexual assault that is the subject of the
report.
``(B) Mode of reporting.--The responsible entity of
a vessel shall make a report required under subsection
(a)(1) to a single entity in the Coast Guard designated
by the Commandant of the Coast Guard to receive such
reports by the fastest telecommunication channel
available to the responsible entity of a vessel.
``(2) Contents of report.--Each report made under this
section shall include, to the best of the knowledge of the
responsible entity of a vessel--
``(A) the name, Coast Guard merchant mariner
credential reference number, if applicable, official
position or role in relation to the vessel, and contact
information of each individual involved in the incident
of sexual harassment or sexual assault that is the
subject of the report;
``(B) the name and official number of the vessel;
``(C) the time and date of the incident of sexual
harassment or sexual assault;
``(D) the geographic position or location of the
vessel when the incident of sexual harassment or sexual
assault occurred; and
``(E) a brief description of the incident of
alleged sexual harassment or sexual assault being
reported.
``(c) Notification by Secretary.--
``(1) In general.--The Secretary of Commerce, acting
through the Under Secretary for Oceans and Atmosphere, shall
notify the Director of the Office of Marine and Aviation
Operations of each report of an incident of sexual harassment
or sexual assault received by the Secretary.
``(2) Notification contents.--Each notification under
paragraph (1) shall include, to the best of the knowledge of
the Secretary of Commerce, acting through the Under Secretary
for Oceans and Atmosphere--
``(A) with respect to an unrestricted report
submitted pursuant to section 3541(b)(3)(B) or
3542(b)(5)(B), the information required under
subsection (b)(2) of this section; and
``(B) with respect to a restricted report submitted
pursuant to section 3541(b)(3)(B) or 3542(b)(5)(B), the
information required under subsection (b)(2) of this
section that does not include the personally
identifying information of the individual that
submitted the restricted report.''.
SEC. 6. DEFINITIONS.
Section 3552, as redesignated by section 5(a) of this Act, 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.--
``(A) In general.--The term `covered personnel'
means an individual who works with or conducts business
on behalf of the Administration.
``(B) Inclusion.--The term `covered personnel'
includes--
``(i) 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 (13 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
``(ii) voting members and executive and
administrative staff of each Regional Fishery
Management Council established by section 302
of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1852).
``(3) Responsible entity of a vessel.--The term
`responsible entity of a vessel' means the Director of the
Office of Marine and Aviation Operations, with respect to each
vessel owned or operated by the Administration.
``(4) 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''; and
(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 2025'';
(B) in section 3551, in the section heading; and
(C) in section 3552(1).
(b) Clerical Amendment.--Each of the tables of contents in section
2(b) and at the beginning of title XXXV are amended by striking the
items relating to sections 3548 and 3549 and inserting the following:
``Sec. 3548. Exceptions regarding anonymity of victims in certain
cases.
``Sec. 3549. Restricted reporting update.
``Sec. 3550. Mariner referral.
``Sec. 3551. Annual report on sexual harassment, sexual assault, 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 COMMISSIONED OFFICER CORPS OF
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.''.
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