[Congressional Record Volume 172, Number 144 (Monday, September 14, 2026)]
[House]
[Pages H5571-H5574]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SEXUAL HARASSMENT AND
ASSAULT PREVENTION IMPROVEMENTS ACT OF 2025
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2406
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,'';
[[Page H5572]]
(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
[[Page H5573]]
(2) by striking ``National Oceanic and Atmospheric'' each
place it appears.
(b) Clerical Amendments.--
(1) Global table of contents.--The table of contents in
section 2(b) is 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 National Oceanic and Atmospheric
Administration.
``Sec. 3552. Definitions.''.
(2) Title xxxv table of contents.--The table of contents at
the beginning of title XXXV is amended by striking the items
relating to sections 3546 and 3547 and inserting the
following:
``Sec. 3546. Investigation requirement.
``Sec. 3547. Criminal referral.
``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 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Maryland (Ms.
Elfreth) each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 2406, the bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 2406, the National Oceanic and Atmospheric
Administration Sexual Harassment and Assault Prevention Improvements
Act of 2025.
The Fiscal Year 2017 National Defense Authorization Act required NOAA
to develop a policy to prevent sexual assault and sexual harassment
within its workforce. In 2021, the Government Accountability Office
found that while NOAA has made progress, more work remains.
H.R. 2406 expands coverage of NOAA's sexual harassment prevention and
response policy to include observers and the voting members and staff
of the regional fishery management councils. It also expands existing
reporting requirements and requires additional transparency in cases of
sexual assault and sexual harassment.
This legislation will advance the protection of NOAA's workforce. I
appreciate the minority working with us on this, and I reserve the
balance of my time.
Ms. ELFRETH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 2406, the National
Oceanic and Atmospheric Administration's Sexual Harassment and Assault
Prevention Improvements Act of 2025.
This bill would strengthen NOAA's efforts to prevent and respond to
sexual harassment and sexual assault by expanding protections,
improving reporting systems, and increasing critical accountability.
This legislation would help create a safer and more productive
workforce for the dedicated public servants who serve the American
people through their work at NOAA.
Building upon existing efforts to combat sexual harassment by
expanding and strengthening key safeguards, this bill would extend
policy protections to personnel who work for NOAA but are not directly
employed by the agency--critically, these are contractors and fishery
observers--ensuring that all members of the NOAA workforce are covered
by this policy.
The legislation would also improve reporting options for victims and
broaden NOAA's enforcement authority, ensuring the agency has
comprehensive jurisdiction to investigate and address sexual harassment
and assault.
Mr. Speaker, I have the privilege of representing over 45,000 Federal
employees, many of whom work for NOAA. I commend the sponsor of this
bill for her leadership in helping to close loopholes and tackling this
issue to protect Federal employees and Federal contractors, who often
serve in some of the Nation's most remote environments, including on
fishing vessels and scientific research cruises.
Enacting H.R. 2406 would help foster a safer, more equitable
workplace that promotes accountability and ensures every individual has
the opportunity to thrive. In doing so, we would strengthen NOAA and
reinforce our commitment to the Federal workforce that upholds the
highest standards of professionalism and excellence while serving the
American people.
I thank the gentlewoman from Oregon (Ms. Bonamici) for her leadership
on this critical issue. I urge my colleagues to support H.R. 2406, and
I reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I have no further requests for time. I am
prepared to close, and I reserve the balance of my time.
Ms. ELFRETH. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Oregon (Ms. Bonamici), the sponsor of the bill.
Ms. BONAMICI. Mr. Speaker, I thank Representative Elfreth for
yielding. I rise today in strong support of my bipartisan bill, H.R.
2406, the NOAA Sexual Harassment and Assault Prevention Improvements
Act.
No matter the job or the position, everyone deserves to work in a
safe and welcoming workplace. Many employees at NOAA, the National
Oceanic and Atmospheric Administration, work in remote locations,
aboard research and survey vessels, to conduct cutting-edge scientific
research and to support U.S. fisheries.
This bill has some history. Several years ago, a fisheries biologist
came to me with a serious issue. She had experienced sexual harassment
while conducting research on a ship owned by NOAA, and she wasn't the
only one. After reporting the harassment, she was effectively grounded,
and so were the others who spoke up. Her research was derailed, and she
was advised against going to sea for her own safety.
Her colleagues and harasser knew she had reported her experience, and
there seemed to be little investigation into her case and the others.
After hearing her story, I started to work with NOAA to find a
resolution.
After several months, I met and worked directly with then-NOAA
Administrator Dr. Kathryn Sullivan, who truly took this issue
seriously. With Dr. Sullivan's leadership, NOAA implemented new
training requirements, made it easier to report sexual harassment, and
changed NOAA's investigation protocol. NOAA then completed its
investigations into the cases that were brought to my attention, and
the employees were able to return to sea and resume their important
research.
I will note that every acting or confirmed NOAA Administrator since
then, including Dr. Neil Jacobs when he was Acting Administrator and
now again in his position as Administrator, have all expressed a
commitment to the policies that keep their employees safe and free from
abuse and harassment.
Although NOAA has taken steps to update their policies, threats to
researchers are still alarmingly persistent. Last year, a multiyear
study of harassment in the North Pacific Groundfish and Halibut
Observer Program, the largest fisheries monitoring program in the U.S.,
found that nearly one-third of the 400 North Pacific observers
experienced harassment or assault annually. Of these, only 45 percent
of the observers who experienced
[[Page H5574]]
that harm disclosed it. Female observers were at least twice as likely
to become targets as men.
As a member of both the Science Committee and the Education
Committee, for years I have heard consistent support for getting more
women into scientific careers. That is important, but it is also
important to keep them safe while they are at work.
We must do more to prevent harassment and assault, help survivors
seek justice, and hold harassers accountable for their actions. This
bipartisan bill builds on NOAA's progress by expanding the agency's
sexual harassment prevention and response policy to include employees
of contractors, who were originally not covered.
My bill also directs NOAA to provide a clear, secure structure to
anonymously report sexual harassment or assault. This would allow
survivors to more easily identify safe reporting services without
triggering an investigative process, if that is what the survivor
prefers.
This bill would also add provisions so new covered employees and
change of station or work location requests are included in the report
to Congress. Importantly, this bill empowers NOAA's Office of Law
Enforcement to enforce prohibitions on assault, intimidation, and
interference with fisheries observers by removing restrictive
stipulations that the acts be forcible in nature and occur on a vessel
for NOAA to investigate.
NOAA has taken meaningful steps to protect its researchers,
contractors, and ocean-dependent communities. That work should be
recognized. This bill, as the chairman recognized, will strengthen
those efforts and make needed improvements to prevent harassment,
modernize reporting, and hold harassers accountable to bring justice to
survivors.
We must do everything we can to create a work environment where
scientists can achieve the next breakthrough discoveries, and everyone
can feel safe at sea without fear of harassment, assault, or
retaliation.
I am very grateful to Representatives Salazar and Fitzpatrick for
cosponsoring this important legislation. I thank Chair Westerman and
Ranking Member Huffman for advancing it through the Natural Resources
Committee to the floor.
I urge all of my colleagues to support the NOAA Sexual Harassment and
Assault Prevention Improvements Act.
{time} 1650
Ms. ELFRETH. Mr. Speaker, I urge my colleagues to support this
critical legislation, and I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I support H.R. 2406, and I yield back the
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 2406, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________