[House Report 116-566]
[From the U.S. Government Publishing Office]


116th Congress    }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {       116-566

======================================================================



 
 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SEXUAL HARASSMENT AND 
              ASSAULT PREVENTION IMPROVEMENTS ACT OF 2020

                                _______
                                

November 2, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 6636]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 6636) 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, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Oceanic and Atmospheric 
Administration Sexual Harassment and Assault Prevention Improvements 
Act of 2020''.

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 (130 Stat. 
2800 et seq.; 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.

  (a) Covered Personnel.--Section 3541(a) (130 Stat. 2800) is amended--
          (1) by striking ``Not later'' and inserting the following:
          ``(1) In general.--Not later''; and
          (2) by adding at the end the following:
          ``(2) Included personnel.--The individuals who work with or 
        conduct business on behalf of the Administration referred to in 
        paragraph (1) include the following:
                  ``(A) Observers and at-sea monitors required by the 
                National Marine Fisheries Service to be aboard 
                commercial fishing vessels and other privately owned 
                vessels, barges, or platforms 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. 1531 et seq.); or
                          ``(iii) platform removal observation.
                  ``(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).''.
  (b) Mechanism for Anonymous Reporting of Incidents.--Section 
3541(b)(3)(B) (130 Stat. 2800) is amended to read as follows:
                  ``(B) incidents of sexual harassment can be 
                anonymously reported to the Office of Inclusion and 
                Civil Rights of the National Oceanic and Atmospheric 
                Administration or to the program established under 
                section 3541(b)(1); and''.
  (c) Inclusion of Equal Employment in Quarterly Reports.--Section 
3541(f) (130 Stat. 2801) 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. COMPREHENSIVE POLICY ON PREVENTION OF AND RESPONSE TO SEXUAL 
                    ASSAULTS.

  (a) Covered Personnel.--Section 3542(a) (130 Stat. 2801) is amended--
          (1) by striking ``Not later'' and inserting the following:
          ``(1) In general.--Not later''; and
          (2) by adding at the end the following:
          ``(2) Included personnel.--The individuals who work with or 
        conduct business on behalf of the Administration referred to in 
        paragraph (1) include the individuals described in section 
        3541(a)(2).''.
  (b) Mechanism for Anonymous Reporting of Incidents.--Section 
3542(b)(5)(B) (130 Stat. 2801) is amended to read as follows:
                  ``(B) incidents of sexual assault can be anonymously 
                reported to the program established under section 
                3541(b)(1).''.
  (c) Victim Advocates.--
          (1) In general.--Section 3542(c)(2) (130 Stat. 2802) is 
        amended to read as follows:
          ``(2) Victim advocates.--For purposes of this subsection, a 
        victim advocate is a full-time permanent employee of the 
        Administration trained in and responsible solely for matters 
        relating to sexual assault and the comprehensive policy 
        developed under subsection (a).''.
          (2) Location.--Section 3542(c)(4) (130 Stat. 2802) is amended 
        by inserting ``full time'' after ``stationed''.

SEC. 5. INVESTIGATION AND CRIMINAL REFERRAL REQUIREMENTS.

  (a) Redesignation.--Sections 3546 and 3547 (130 Stat. 2804, 2805) are 
redesignated as sections 3551 and 3552, respectively.
  (b) In General.--Inserting the following after section 3545:

``SEC. 3546. INVESTIGATION REQUIREMENT.

  ``(a) Requirement To Investigate.--
          ``(1) In general.--The Secretary of Commerce, acting through 
        the Under Secretary for Oceans and Atmosphere, shall ensure 
        that each allegation of sexual harassment reported under 
        section 3541 and each allegation of sexual assault reported 
        under section 3542 is investigated thoroughly and promptly.
          ``(2) Sense of congress on commencement of investigation.--It 
        is the sense of Congress that the Secretary should ensure that 
        an investigation of an alleged incident of sexual harassment 
        reported under section 3541 or sexual assault reported under 
        section 3542 commences not later than 48 hours after the time 
        at which the allegation was reported.
  ``(b) Notification of Delay.--In any case in which the time between 
the reporting of an alleged incident of sexual harassment or sexual 
assault under section 3541 or 3542, respectively, and commencement of 
an investigation of the allegation under this section exceeds 48 hours, 
the Secretary shall notify the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Natural Resources of 
the House of Representatives of the delay.

``SEC. 3547. CRIMINAL REFERRAL.

  ``If the Secretary of Commerce finds, pursuant to an investigation 
under section 3546, evidence that a crime may have been committed, the 
Secretary shall refer the matter to the appropriate law enforcement 
authorities, including the appropriate United States Attorney.

``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, or individual conducting business on behalf 
of the administration elects anonymous reporting under section 
3541(b)(3)(B) or 3542(b)(5)(B), disclosure of their personally 
identifying information is authorized to the following persons or 
organizations when disclosure would be for the following reasons:
          ``(1) To National Oceanic and Atmospheric Administration 
        staff or law enforcement personnel, when authorized by the 
        survivor in writing.
          ``(2) To National Oceanic and Atmospheric 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 victim advocate or healthcare provider, when 
        required for the provision of victim services.
          ``(4) To a State or Federal court, when ordered by such court 
        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 
        employee, member, or individual whose personally identifying 
        information is disclosed; and
          ``(2) take such action as is necessary to protect the privacy 
        and safety of the employee, member, or individual.

``SEC. 3549. RESTRICTED REPORTING.

  ``(a) In General.--Not later than 3 years after the date of enactment 
of the National Oceanic and Atmospheric Administration Sexual 
Harassment and Assault Prevention Improvements Act of 2020, 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 National Oceanic and Atmospheric Administration, 
members of the Commissioned Officer Corps of the Administration, and 
individuals who work with or conduct business on behalf of the 
Administration who are sexually assaulted to confidentially disclose 
the details of their assault to specified individuals and receive the 
services outlined in this subtitle title--
          ``(1) without the dissemination of their personally 
        identifying information except as necessary for the provision 
        of such services; 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, 
within 180 days after the date of the enactment of the National Oceanic 
and Atmospheric Administration Sexual Harassment and Assault Prevention 
Improvements Act of 2020, develop and implement a policy to report to 
the Coast Guard Suspension and Revocation National Center of Expertise, 
the names of personnel of the National Oceanic and Atmospheric 
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 of the 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 offence, was operating under a contract with the 
                Administration.''.

SEC. 6. ANNUAL REPORT ON SEXUAL ASSAULTS, SEXUAL HARASSMENT, AND EQUAL 
                    EMPLOYMENT.

  Section 3551, as redesignated by section 5 of this Act (130 Stat. 
2804), 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 inserting ``, sexual harassment, 
        and equal employment'' after ``sexual assaults''; 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 section 5 of National Oceanic and Atmospheric 
        Administration Sexual Harassment and Assault Prevention 
        Improvements Act of 2020.
          ``(7) The number of alleged sexual assaults and sexual 
        harassment cases involving fisheries, protected species, and 
        endangered species observers, including--
                  ``(A) a synopsis of each case and the status;
                  ``(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 assault or harassment 
                is alleged to have occurred, as appropriate.''.

SEC. 7. CONFORMING AND CLERICAL AMENDMENTS.

  (a) Conforming Amendments.--Subtitle C of title XXXV of Public Law 
114-328 (130 Stat. 2800 et seq.; 33 U.S.C. 894 et seq.) is amended--
          (1) by striking the term ``victims'' each place it appears 
        and inserting ``survivors'';
          (2) in section 3541(b)(2)(B), by striking ``victim'' and 
        inserting ``target of sexual harassment'';
          (3) in section 3542(c)(5)(A), by striking ``victim of'' and 
        inserting ``survivor of'';
          (4) in section 3543--
                  (A) in the heading, by striking ``victim'' and 
                inserting ``survivor''; and
                  (B) by striking ``victim'' and inserting 
                ``survivor'';
          (5) in section 3544--
                  (A) in subsection (a)--
                          (i) by striking ``Victims'' and inserting 
                        ``Survivors''; and
                          (ii) in paragraph (1), by striking ``was'' 
                        each place such term appears and inserting 
                        ``is''; and
                  (B) by striking ``victim'' each place such term 
                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 (130 
Stat. 2000, 2773) is 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 3546 and 3547 
        and inserting the following:

``Sec. 3546. Investigation requirement.
``Sec. 3547. Criminal referral.
``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. Sexual assault defined.''.

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 NOAA COMMISSIONED OFFICER CORPS 
                    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 paragraphs (4) through (16) as 
        paragraphs (5) through (17), respectively; and
          (2) by inserting after paragraph (3) the following:
          ``(4) Section 657, relating to prohibition on service by 
        individuals convicted of certain sexual offenses.''.

                          Purpose of the Bill

    The purpose of H.R. 6636 is 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.

                  Background and Need for Legislation

    The National Oceanic and Atmospheric Administration (NOAA) 
employs about 12,000 people globally, including federal 
civilian workers, 321 officers of the NOAA Commissioned Officer 
Corps, and contractors and affiliates. Many employees and 
affiliates work in remote locations and aboard research and 
survey vessels to collect environmental data as part of NOAA's 
missions. The National Defense Authorization Act for Fiscal 
Year 2017\1\ (NDAA FY17) contained provisions to address sexual 
harassment and assault prevention at NOAA, including direction 
for NOAA to develop a comprehensive policy on harassment and 
assault prevention and response and to provide annual reports 
to Congress.\2\ NOAA developed this policy in 2018 and hired a 
full-time workplace violence prevention and response program 
manager to oversee its implementation and to develop an agency-
wide program. Based on information provided in the required 
annual reports, it is clear that NOAA requires additional 
authorities to fully stand up its prevention and response 
program; coordinate harassment, equal employment, and assault 
complaint reporting; and protect certain kinds of non-federal 
personnel who conduct business on behalf of or required by the 
agency, especially fisheries observers and fishery management 
council members and staff.
---------------------------------------------------------------------------
    \1\Pub. L. No. 114-328, 130 Stat. 2000 (2016), https://
uscode.house.gov/statviewer.htm?volume=130&page=2000 (codified as 
amended at various, see https://uscode.house.gov/table3/114_328.htm) 
(statutory compilation as amended through P.L. 116-132 at https://
www.govinfo.gov/content/pkg/COMPS-13740/pdf/COMPS-13740.pdf).
    \2\Id. at div. C, tit. XXXV, subtitle C, 130 Stat. at 2800-05, 
https://uscode.house.gov/statviewer.htm?volume=130&page=2800 (codified 
at 33 U.S.C. Sec. Sec. 894-94f).
---------------------------------------------------------------------------
    Fisheries observers and at-sea monitors collect data from 
commercial fishing vessels and shore-side processing facilities 
that are used to monitor fisheries, assess fish populations, 
set fishing quotas, inform management, and support compliance 
with fishing and safety regulations. Approximately 850 
fisheries observers are in the field at any given time, with 
about 400 of those working in Alaska. Individual observers are 
usually employed by observer service providers, who are 
contracted by Regional Observer Programs to conduct observation 
work required by regulations, which vary by fishery. Most 
observers are relatively young (with 40 percent between 20-29 
years old and 32 percent between 30-39) and work in the field 
typically between three and six years.\3\ Regional Observer 
Programs are coordinated by the National Observer Program 
within the National Marine Fisheries Service's Office of 
Science and Technology. Similarly, protected species observers 
may be placed on commercial fishing vessels, geophysical survey 
vessels, and government owned and operated dredges to collect 
data and report take of protected species such as marine 
mammals and sea turtles as a condition of a permit or 
authorization under the authority of the Marine Mammal 
Protection Act (MMPA) and Endangered Species Act (ESA).
---------------------------------------------------------------------------
    \3\Yuntao Wang & Jane DiCosimo, NOAA, NOAA Technical Memorandum 
NMFS-F/SPO-186, National Observer Program 2016 Fishery Observer 
Attitudes and Experiences Survey 7, 9, 12 (2019), https://
spo.nmfs.noaa.gov/sites/default/files/TMSPO186.pdf.
---------------------------------------------------------------------------
    NOAA's Office of Law Enforcement (OLE) is responsible for 
enforcing the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA) and has included observer sexual assault 
and harassment on its list of highest priority violations. Per 
the MSA, it is illegal to ``forcibly assault, resist, oppose, 
impede, intimidate, sexually harass, bribe, or interfere with 
any observer'' while aboard a vessel,\4\ and additional 
prohibitions against harassment and assault are included in 
fishery management plan regulations. The modifier ``forcibly,'' 
however, may preclude prohibition of adverse actions that are 
not physical or forcible in nature. This language also does not 
prohibit harassment or intimidation of observers ashore, which 
can still occur especially in small fishing communities. 
Furthermore, there is no such specific prohibition against 
harassment or assault of protected species observers.
---------------------------------------------------------------------------
    \4\16 U.S.C. Sec. 1857(1)(L).
---------------------------------------------------------------------------
    According to NOAA's latest report to Congress, OLE received 
twelve reports of assaults involving fisheries observers in 
2018. Of these, ten were alleged to have been perpetrated by 
male commercial fishing vessel crew members upon observers, one 
was alleged to have been perpetrated by a male observer upon a 
female observer, and one was alleged to have been perpetrated 
by a local individual upon an observer while ashore. Ten of the 
twelve reports occurred in Alaska. In pursuing punitive action 
against commercial fishing vessel owners or operators who 
harass or assault observers, however, NOAA distinguishes 
between interference with observer duties in order to catch 
more fish or skirt compliance with other laws or regulations--
for which the vessel owner is liable and which could lead to 
revocation of a fishing permit--and behaviors that are sexual 
in nature, for which only an individual assailant is liable and 
which may lead to a fine. This Committee believes that due to 
the inherent close quarters living and working conditions on 
fishing vessels and in fishing communities, any form of 
harassment, assault, or intimidation of observers, whether 
sexual in nature or otherwise, absolutely interferes with 
observer duties. Accordingly, the Committee expects NOAA's OLE 
to pursue appropriate civil and criminal action against both 
the individual assailant and vessel owner as appropriate.
    NOAA maintains a fleet of fifteen research and survey ships 
operated by the Office of Marine and Aviation Operations 
(OMAO), and a fleet of more than 400 small boats that are 
operated by individual programs within NOAA, with some 
administrative oversight from OMAO's Small Boat Program. Some 
of these smaller boats are operated by contract crews with NOAA 
staff and affiliates conducting the scientific operations. 
Individual NOAA line offices and programs also rely on 
chartering privately owned vessels to meet approximately half 
of the agency's total days at sea per year. Professional 
mariners are licensed and credentialed by the U.S. Coast 
Guard's National Maritime Center, and merchant mariner 
credentials (MMCs) may be revoked or suspended following an 
administrative hearing by the U.S. Coast Guard's Suspension and 
Revocation National Center of Expertise. An MMC may be 
suspended or revoked in order to promote safety at sea; for a 
number of acts or offenses, including illegal drug use, 
incompetence, mutiny, murder, rape or sexual molestation, and 
``perversion''; or for any other act or offense detrimental to 
good discipline.\5\ The U.S. Coast Guard does not define 
``perversion'' in its regulations. Unless a mariner has an 
active application for an MMC renewal and the National Maritime 
Center is specifically notified of offenses, no consideration 
of revocation or suspension of the mariner's MMC will take 
place. Any employer may at any time notify the U.S. Coast Guard 
for this purpose.
---------------------------------------------------------------------------
    \5\46 C.F.R. Sec. 5.61 (2012), https://www.govinfo.gov/content/pkg/
CFR-2012-title46-vol1/pdf/CFR- 2012-title46-vol1-part5.pdf; see also 46 
U.S.C. ch. 77.
---------------------------------------------------------------------------
    The Committee believes that sexual harassment and sexual 
assault are ``perverse'' actions within the meaning of the 
regulations such that they are threats to safety at sea and 
detrimental to good discipline. As a responsible employer of 
licensed and credentialed mariners, NOAA must notify the U.S. 
Coast Guard when it knows that its employees or contractors 
have committed such acts.
    H.R. 6636, the National Oceanic and Atmospheric 
Administration Sexual Harassment and Assault Prevention 
Improvements Act of 2020, builds on the NDAA FY17 approach for 
preventing and responding to sexual assault and sexual 
harassment.

                            Committee Action

    H.R. 6636 was introduced on April 28, 2020, by 
Representative Suzanne Bonamici (D-OR). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Water, Oceans, and Wildlife. 
On July 29, 2020, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Chair Raul M. Grijalva (D-AZ) offered an amendment 
designated Grijalva #1. The amendment was agreed to by 
unanimous consent. The bill, as amended, was adopted and 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 6636: hearing by the Subcommittee on Oversight 
and Investigations held on February 27, 2020.

                      Section-by-Section Analysis


Section 1. Short title

Section 2. References

Section 3. Policy on the prevention of and response to sexual 
        harassment involving National Oceanic and Atmospheric 
        Administration personnel.

    This section expands coverage of NOAA's sexual harassment 
prevention and response policy to include additional classes of 
personnel who were not otherwise covered, including commercial 
fisheries observers, protected species observers, and platform 
removal observers--who are neither employees nor contractors, 
but are instead employees of contractors. This expansion also 
covers voting members and executive and administrative staff of 
regional fishery management councils. This section also directs 
NOAA to provide a mechanism for anonymous reports of sexual 
harassment to either NOAA's Workplace Violence Prevention and 
Response Program Manager or the NOAA Office of Inclusion and 
Civil Rights. Currently, reports can go through different 
routes and may bypass the Workplace Violence Prevention and 
Response Program and Office of Inclusion and Civil Rights 
altogether, in turnhindering their ability to provide services 
to targets of harassment and to accurately capture and track data. This 
section also directs NOAA's Director of Civil Rights to include data on 
equal employment cases in their quarterly sexual harassment reports to 
the NOAA Administrator.

Section 4. Comprehensive policy on prevention of and response to sexual 
        assaults

    This section expands coverage of NOAA's sexual assault 
prevention and response policy to include the same classes of 
personnel included in section 3 of this bill and directs NOAA 
to provide a mechanism for anonymous reports of sexual assault 
to NOAA's Workplace Violence Prevention and Response Program 
Manager. As with harassment reports, NOAA's Workplace Violence 
Prevention and Response Program should not be bypassed in the 
sexual assault reporting chain. This section also requires that 
NOAA's victim advocates be full-time employees whose sole jobs 
are victim advocacy rather than administering such work as a 
volunteer collateral duty of existing employees.

Section 5. Investigation and criminal referral requirements

    This section requires that all allegations of sexual 
assault and sexual harassment be investigated thoroughly and 
directs the Secretary of Commerce to refer investigations to 
law enforcement if there is evidence that a crime may have been 
committed. This section provides NOAA some specific exceptions 
to allow disclosure of a survivor's personally identifying 
information in cases where it is needed to prevent ongoing 
imminent harm to the survivor or another person, when 
authorized by the survivor in writing, to healthcare providers 
when required for the provision of victim services, or when 
under a court order to do so.
    This section also directs NOAA to develop a mechanism to 
provide restricted reporting that would allow survivors of 
sexual assault to receive services provided by NOAA without 
automatically triggering an investigative process, if requested 
by the survivor. Current Department of Commerce policy requires 
an investigation of any report, which may discourage some 
survivors from seeking services.
    This section also directs NOAA to develop a policy to refer 
the names of its employees (or contractors who are required to 
hold a valid merchant mariner credential as a condition of 
employment, or crew of a vessel operating under NOAA contract) 
to the U.S. Coast Guard if they are the subject of 
substantiated claims of sexual assault, sexual harassment, or 
other offenses for further consideration of suspension or 
revocation of their mariner credentials.

Section 6. Annual report on sexual assaults, sexual harassment, and 
        equal employment

    This section adds additional requirements to NOAA's annual 
report to Congress on sexual assault to also include a synopsis 
of NOAA's cases of sexual harassment and equal employment, a 
summary of the number of change of station or work location 
requests initiated to reduce the possibility of retaliation or 
further sexual assault of employees, and a summary of the 
number of cases referred to the U.S. Coast Guard for further 
review of their credentials.

Section 7. Conforming and clerical amendments

    This section updates terminology referring to victims of 
sexual assault and victims of sexual harassment to refer to 
``survivors'' and ``targets'' respectively.

Section 8. Prohibited acts

    This section improves the NOAA Office of Law Enforcement's 
ability to investigate harassment of fisheries observers by 
removing limitations in the MSA that instances of harassment be 
``forcible'' and occur on a vessel.

Section 9. Prohibition on service in the NOAA Commissioned Officer 
        Corps by individuals convicted of certain sexual offenses

    This section applies a provision of Title 10 of the U.S. 
Code to the NOAA Corps to prohibit service by individuals 
convicted of felony offenses or attempts of rape or sexual 
assault, forcible sodomy, or incest.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, October 30, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 6636, the National 
Oceanic and Atmospheric Administration Sexual Harassment and 
Assault Prevention Improvements Act of 2020.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 6636 would require the National Oceanic and 
Atmospheric Administration (NOAA) to allow anonymous reporting 
of incidents of sexual harassment and sexual assault involving 
NOAA employees. The bill also would require that an 
investigation into any such reports begin within 48 hours of 
the incident being reported and that any evidence of a crime be 
referred to law enforcement officials.
    Additionally, the bill would require NOAA to develop, 
within three years of enactment, a system that allows for 
confidential reporting of a sexual assault without 
dissemination of the person's personally identifiable 
information, except as necessary for receiving services, and 
without automatically triggering an investigation.
    Using information about NOAA's current sexual assault and 
sexual harassment policy, CBO estimates that implementing H.R. 
6636 would cost less than $500,000 over the 2020-2025 period. 
Any spending would be subject to the availability of 
appropriated funds.
    On December 20, 2019, CBO transmitted a cost estimate for 
S. 2782, a bill to improve provisions of law relating to sexual 
harassment and assault prevention at the National Oceanic and 
Atmospheric Administration, and for other purposes, as ordered 
reported by the Senate Committee on Commerce, Science, and 
Transportation on November 13, 2019. The two pieces of 
legislation are similar, and CBO's estimates of their costs are 
the same.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to amend the National Defense 
Authorization Act for Fiscal Year 2017 to address sexual 
harassment involving National Oceanic and Atmospheric 
Administration personnel.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    This bill contains no unfunded mandates.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
access to public services or accommodations within the meaning 
of section 102(b)(3) of the Congressional Accountability Act. 
The Committee finds that the legislation's provisions relating 
to the terms and conditions of employment do not relate to 
legislative branch and instead relate to the U.S. Department of 
Commerce and its employees, contractors, and employees of 
contractors.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017


                          (Public Law 114-328)

 AN ACT To authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
   military personnel strengths for such fiscal year, and for other 
                               purposes.



           *       *       *       *       *       *       *
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

  (a) Divisions.--This Act is organized into five divisions as 
follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
          (4) Division D--Funding Tables.
          (5) Division E--Uniform Code of Military Justice 
        Reform.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title.
     * * * * * * *

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

     * * * * * * *

                      TITLE XXXV--MARITIME MATTERS

     * * * * * * *

  Subtitle C--Sexual Harassment and Assault Prevention at the National 
                 Oceanic and Atmospheric Administration

Sec. 3541. Actions to address sexual harassment at National Oceanic and 
          Atmospheric Administration.
Sec. 3542. Actions to address sexual assault at National Oceanic and 
          Atmospheric Administration.
[Sec. 3543. Rights of the victim of a sexual assault.]
Sec. 3543. Rights of the survivor of a sexual assault.
     * * * * * * *
[Sec. 3546. Annual report on sexual assaults in the National Oceanic and 
          Atmospheric Administration.
[Sec. 3547. Sexual assault defined.]
Sec. 3546. Investigation requirement.
Sec. 3547. Criminal referral.
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. Sexual assault defined.

           *       *       *       *       *       *       *


 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
OTHER AUTHORIZATIONS

           *       *       *       *       *       *       *


                      TITLE XXXV--MARITIME MATTERS

 Subtitle A--Maritime Administration, Coast Guard, and Shipping Matters

Sec. 3501. Authorization of the Maritime Administration.
     * * * * * * *

  Subtitle C--Sexual Harassment and Assault Prevention at the National 
                 Oceanic and Atmospheric Administration

Sec. 3541. Actions to address sexual harassment at National Oceanic and 
          Atmospheric Administration.
Sec. 3542. Actions to address sexual assault at National Oceanic and 
          Atmospheric Administration.
[Sec. 3543. Rights of the victim of a sexual assault.]
Sec. 3543. Rights of the survivor of a sexual assault.
     * * * * * * *
[Sec. 3546. Annual report on sexual assaults in the National Oceanic and 
          Atmospheric Administration.
[Sec. 3547. Sexual assault defined.]
Sec. 3546. Investigation requirement.
Sec. 3547. Criminal referral.
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. Sexual assault defined.

           *       *       *       *       *       *       *


 Subtitle C--Sexual Harassment and Assault Prevention at the National 
                 Oceanic and Atmospheric Administration

SEC. 3541. ACTIONS TO ADDRESS SEXUAL HARASSMENT AT NATIONAL OCEANIC AND 
                    ATMOSPHERIC ADMINISTRATION.

  (a) Required Policy.--[Not later]
          (1) In general._Not later  than 1 year after the date 
        of the enactment of this Act, the Secretary of Commerce 
        shall, acting through the Under Secretary for Oceans 
        and Atmosphere, develop a policy on the prevention of 
        and response to sexual harassment involving employees 
        of the National Oceanic and Atmospheric Administration, 
        members of the commissioned officer corps of the 
        Administration, and individuals who work with or 
        conduct business on behalf of the Administration.
          (2) Included personnel.--The individuals who work 
        with or conduct business on behalf of the 
        Administration referred to in paragraph (1) include the 
        following:
                  (A) Observers and at-sea monitors required by 
                the National Marine Fisheries Service to be 
                aboard commercial fishing vessels and other 
                privately owned vessels, barges, or platforms 
                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. 1531 et seq.); or
                          (iii) platform removal observation.
                  (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).
  (b) Matters to Be Specified in Policy.--The policy developed 
under subsection (a) shall include--
          (1) establishment of a program to promote awareness 
        of the incidence of sexual harassment;
          (2) clear procedures an individual should follow in 
        the case of an occurrence of sexual harassment, 
        including--
                  (A) a specification of the person or persons 
                to whom an alleged occurrence of sexual 
                harassment should be reported by an individual 
                and options for confidential reporting, 
                including--
                          (i) options and contact information 
                        for after-hours contact; and
                          (ii) a procedure for obtaining 
                        assistance and reporting sexual 
                        harassment while working in a remote 
                        scientific field camp, at sea, or in 
                        another field status; and
                  (B) a specification of any other person whom 
                the [victim] target of sexual harassment should 
                contact;
          (3) establishment of a mechanism by which--
                  (A) questions regarding sexual harassment can 
                be confidentially asked and confidentially 
                answered; and
                  [(B) incidents of sexual harassment can be 
                confidentially reported; and]
                  (B) incidents of sexual harassment can be 
                anonymously reported to the Office of Inclusion 
                and Civil Rights of the National Oceanic and 
                Atmospheric Administration or to the program 
                established under section 3541(b)(1); and
          (4) a prohibition on retaliation and consequences for 
        retaliatory actions.
  (c) Consultation and Assistance.--In developing the policy 
required by subsection (a), the Secretary may consult or 
receive assistance from such State, local, and national 
organizations and subject matter experts as the Secretary 
considers appropriate.
  (d) Availability of Policy.--The Secretary shall ensure that 
the policy developed under subsection (a) is available to--
          (1) all employees of the Administration and members 
        of the commissioned officer corps of the 
        Administration, including those employees and members 
        who conduct field work for the Administration; and
          (2) the public.
  (e) Geographic Distribution of Equal Employment Opportunity 
Personnel.--The Secretary shall designate out of existing staff 
at least 1 employee of the Administration who is tasked with 
handling matters relating to equal employment opportunity or 
sexual harassment at each marine and aviation center of the 
Administration.
  (f) Quarterly Reports.--
          (1) In general.--Not less frequently than 4 times 
        each year, the Director of the Civil Rights Office of 
        the Administration shall submit to the Under Secretary 
        a report on sexual harassment and equal employment in 
        the Administration.
          (2) Contents.--Each report submitted under paragraph 
        (1) shall include the following:
                  (A) The number of sexual harassment and equal 
                employment cases, both actionable and non-
                actionable, involving individuals covered by 
                the policy developed under subsection (a).
                  (B) The number of open actionable sexual 
                harassment and equal employment cases and how 
                long the cases have been open.
                  (C) A synopsis of each case and the 
                disciplinary action taken (if any) in each 
                case.
                  [(C)] (D) Such trends or region-specific 
                issues as the Director may have discovered with 
                respect to sexual harassment and equal 
                employment in the Administration.
                  [(D)] (E) Such recommendations as the 
                Director may have with respect to sexual 
                harassment and equal employment in the 
                Administration.

SEC. 3542. ACTIONS TO ADDRESS SEXUAL ASSAULT AT NATIONAL OCEANIC AND 
                    ATMOSPHERIC ADMINISTRATION.

  (a) Comprehensive Policy on Prevention of and Response to 
Sexual Assaults.--[Not later]
          (1) In general._Not later  than 1 year after the date 
        of the enactment of this Act, the Secretary of Commerce 
        shall, acting through the Under Secretary for Oceans 
        and Atmosphere, develop a comprehensive policy on the 
        prevention of and response to sexual assaults involving 
        employees of the National Oceanic and Atmospheric 
        Administration, members of the commissioned officer 
        corps of the Administration, and individuals who work 
        with or conduct business on behalf of the 
        Administration.
          (2) Included personnel.--The individuals who work 
        with or conduct business on behalf of the 
        Administration referred to in paragraph (1) include the 
        individuals described in section 3541(a)(2).
  (b) Elements of Comprehensive Policy.--The comprehensive 
policy developed under subsection (a) shall, at minimum, 
address the following matters:
          (1) Prevention measures.
          (2) Education and training on prevention and 
        response.
          (3) A list of support resources an individual may use 
        in the occurrence of sexual assault, including--
                  (A) options and contact information for 
                after-hours contact; and
                  (B) a procedure for obtaining assistance and 
                reporting sexual assault while working in a 
                remote scientific field camp, at sea, or in 
                another field status.
          (4) Easy and ready availability of information 
        described in paragraph (3).
          (5) Establishing a mechanism by which--
                  (A) questions regarding sexual assault can be 
                confidentially asked and confidentially 
                answered; and
                  [(B) incidents of sexual assault can be 
                confidentially reported.]
                  (B) incidents of sexual assault can be 
                anonymously reported to the program established 
                under section 3541(b)(1).
          (6) Protocols for the investigation of complaints by 
        command and law enforcement personnel.
          (7) Prohibiting retaliation and consequences for 
        retaliatory actions against someone who reports a 
        sexual assault.
          (8) Oversight by the Under Secretary of 
        administrative and disciplinary actions in response to 
        substantiated incidents of sexual assault.
          (9) Victim advocacy, including establishment of and 
        the responsibilities and training requirements for 
        victim advocates as described in subsection (c).
          (10) Availability of resources for [victims] 
        survivors of sexual assault within other Federal 
        agencies and State, local, and national organizations.
  (c) Victim Advocacy.--
          (1) In general.--The Secretary, acting through the 
        Under Secretary, shall establish victim advocates to 
        advocate for [victims] survivors of sexual assaults 
        involving employees of the Administration, members of 
        the commissioned officer corps of the Administration, 
        and individuals who work with or conduct business on 
        behalf of the Administration.
          [(2) Victim advocates.--For purposes of this 
        subsection, a victim advocate is an existing permanent 
        employee of the Administration who--
                  [(A) is trained in matters relating to sexual 
                assault and the comprehensive policy developed 
                under subsection (a); and
                  [(B) serves as a victim advocate voluntarily 
                and in addition to the employee's other duties 
                as an employee of the Administration.]
          (2) Victim advocates.--For purposes of this 
        subsection, a victim advocate is a full-time permanent 
        employee of the Administration trained in and 
        responsible solely for matters relating to sexual 
        assault and the comprehensive policy developed under 
        subsection (a).
          (3) Primary duties.--The primary duties of a victim 
        advocate established under paragraph (1) shall include 
        the following:
                  (A) Supporting [victims] survivors of sexual 
                assault and informing them of their rights and 
                the resources available to them as [victims] 
                survivors.
                  (B) Acting as a companion in navigating 
                investigative, medical, mental and emotional 
                health, and recovery processes relating to 
                sexual assault.
                  (C) Helping to identify resources to ensure 
                the safety of [victims] survivors of sexual 
                assault.
          (4) Location.--The Secretary shall ensure that at 
        least 1 victim advocate established under paragraph (1) 
        is stationed full time--
                  (A) in each region in which the 
                Administration conducts operations; and
                  (B) in each marine and aviation center of the 
                Administration.
          (5) Hotline.--
                  (A) In general.--In carrying out this 
                subsection, the Secretary shall provide a 
                telephone number at which a [victim of] 
                survivor of a sexual assault can contact a 
                victim advocate.
                  (B) 24-Hour Access.--The Secretary shall 
                ensure that the telephone number established 
                under subparagraph (A) is monitored at all 
                times.
                  (C) Partnership.--The Secretary shall, where 
                possible, use established hotlines for purposes 
                of this paragraph.
          (6) Formal relationships with other entities.--The 
        Secretary may enter into formal relationships with 
        other entities to make available additional victim 
        advocates.
  (d) Availability of Policy.--The Secretary shall ensure that 
the policy developed under subsection (a) is available to--
          (1) all employees of the Administration and members 
        of the commissioned officer corps of the 
        Administration, including those employees and members 
        who conduct field work for the Administration; and
          (2) the public.
  (e) Consultation and Assistance.--In developing the policy 
required by subsection (a), the Secretary may consult or 
receive assistance from such State, local, and national 
organizations and subject matter experts as the Secretary 
considers appropriate.

SEC. 3543. RIGHTS OF THE [VICTIM]  SURVIVOR OF A SEXUAL ASSAULT.

  A [victim] survivor of a sexual assault covered by the 
comprehensive policy developed under section 3542(a) has the 
right to be reasonably protected from the accused.

SEC. 3544. CHANGE OF STATION.

  (a) Change of Station, Unit Transfer, or Change of Work 
Location of [Victims] Survivors.--
          (1) Timely consideration and action upon request.--
        The Secretary of Commerce, acting through the Under 
        Secretary for Oceans and Atmosphere, shall--
                  (A) in the case of a member of the 
                commissioned officer corps of the National 
                Oceanic and Atmospheric Administration who 
                [was] is a [victim] survivor of a sexual 
                assault, in order to reduce the possibility of 
                retaliation or further sexual assault, provide 
                for timely determination and action on an 
                application submitted by the [victim] survivor 
                for consideration of a change of station or 
                unit transfer of the [victim] survivor; and
                  (B) in the case of an employee of the 
                Administration who [was] is a [victim] survivor 
                of a sexual assault, to the degree practicable 
                and in order to reduce the possibility of 
                retaliation against the employee for reporting 
                the sexual assault, accommodate a request for a 
                change of work location of the [victim] 
                survivor.
          (2) Procedures.--
                  (A) Period for approval and disapproval.--The 
                Secretary, acting through the Under Secretary, 
                shall ensure that an application or request 
                submitted under paragraph (1) for a change of 
                station, unit transfer, or change of work 
                location is approved or denied within 72 hours 
                of the submission of the application or 
                request.
                  (B) Review.--If an application or request 
                submitted under paragraph (1) by a [victim] 
                survivor of a sexual assault for a change of 
                station, unit transfer, or change of work 
                location of the [victim] survivor is denied--
                          (i) the [victim] survivor may request 
                        the Secretary to review the denial; and
                          (ii) the Secretary, acting through 
                        the Under Secretary, shall, not later 
                        than 72 hours after receiving such 
                        request, affirm or overturn the denial.
  (b) Change of Station, Unit Transfer, and Change of Work 
Location of Alleged Perpetrators.--
          (1) In general.--The Secretary, acting through the 
        Under Secretary, shall develop a policy for the 
        protection of [victims] survivors of sexual assault 
        described in subsection (a)(1) by providing the alleged 
        perpetrator of the sexual assault with a change of 
        station, unit transfer, or change of work location, as 
        the case may be, if the alleged perpetrator is a member 
        of the commissioned officer corps of the Administration 
        or an employee of the Administration.
          (2) Policy requirements.--The policy required by 
        paragraph (1) shall include the following:
                  (A) A means to control access to the [victim] 
                survivor.
                  (B) Due process for the [victim] survivor and 
                the alleged perpetrator.
  (c) Regulations.--
          (1) In general.--The Secretary shall promulgate 
        regulations to carry out this section.
          (2) Consistency.--When practicable, the Secretary 
        shall make regulations promulgated under this section 
        consistent with similar regulations promulgated by the 
        Secretary of Defense.

           *       *       *       *       *       *       *


SEC. 3546. INVESTIGATION REQUIREMENT.

  (a) Requirement To Investigate.--
          (1) In general.--The Secretary of Commerce, acting 
        through the Under Secretary for Oceans and Atmosphere, 
        shall ensure that each allegation of sexual harassment 
        reported under section 3541 and each allegation of 
        sexual assault reported under section 3542 is 
        investigated thoroughly and promptly.
          (2) Sense of congress on commencement of 
        investigation.--It is the sense of Congress that the 
        Secretary should ensure that an investigation of an 
        alleged incident of sexual harassment reported under 
        section 3541 or sexual assault reported under section 
        3542 commences not later than 48 hours after the time 
        at which the allegation was reported.
  (b) Notification of Delay.--In any case in which the time 
between the reporting of an alleged incident of sexual 
harassment or sexual assault under section 3541 or 3542, 
respectively, and commencement of an investigation of the 
allegation under this section exceeds 48 hours, the Secretary 
shall notify the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Natural 
Resources of the House of Representatives of the delay.

SEC. 3547. CRIMINAL REFERRAL.

  If the Secretary of Commerce finds, pursuant to an 
investigation under section 3546, evidence that a crime may 
have been committed, the Secretary shall refer the matter to 
the appropriate law enforcement authorities, including the 
appropriate United States Attorney.

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, or individual conducting 
business on behalf of the administration elects anonymous 
reporting under section 3541(b)(3)(B) or 3542(b)(5)(B), 
disclosure of their personally identifying information is 
authorized to the following persons or organizations when 
disclosure would be for the following reasons:
          (1) To National Oceanic and Atmospheric 
        Administration staff or law enforcement personnel, when 
        authorized by the survivor in writing.
          (2) To National Oceanic and Atmospheric 
        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 victim advocate or healthcare provider, when 
        required for the provision of victim services.
          (4) To a State or Federal court, when ordered by such 
        court 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 
        employee, member, or individual whose personally 
        identifying information is disclosed; and
          (2) take such action as is necessary to protect the 
        privacy and safety of the employee, member, or 
        individual.

SEC. 3549. RESTRICTED REPORTING.

  (a) In General.--Not later than 3 years after the date of 
enactment of the National Oceanic and Atmospheric 
Administration Sexual Harassment and Assault Prevention 
Improvements Act of 2020, 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 National Oceanic and Atmospheric 
Administration, members of the Commissioned Officer Corps of 
the Administration, and individuals who work with or conduct 
business on behalf of the Administration who are sexually 
assaulted to confidentially disclose the details of their 
assault to specified individuals and receive the services 
outlined in this subtitle title--
          (1) without the dissemination of their personally 
        identifying information except as necessary for the 
        provision of such services; 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, within 180 days after the date of the 
enactment of the National Oceanic and Atmospheric 
Administration Sexual Harassment and Assault Prevention 
Improvements Act of 2020, develop and implement a policy to 
report to the Coast Guard Suspension and Revocation National 
Center of Expertise, the names of personnel of the National 
Oceanic and Atmospheric 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 of the 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 offence, was operating under a 
                contract with the Administration.

[SEC. 3546. ANNUAL REPORT ON SEXUAL ASSAULTS IN THE NATIONAL OCEANIC 
                    AND ATMOSPHERIC ADMINISTRATION.]

SEC. 3551. ANNUAL REPORT ON SEXUAL ASSAULTS, SEXUAL HARASSMENT, AND 
                    EQUAL EMPLOYMENT IN THE NATIONAL OCEANIC AND 
                    ATMOSPHERIC ADMINISTRATION.

  (a) In General.--Not later than January 15 of each year, the 
Secretary of Commerce shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Natural Resources of the House of Representatives 
a report on the sexual assaults, sexual harassment, and equal 
employment involving employees of the National Oceanic and 
Atmospheric Administration, members of the commissioned officer 
corps of the Administration, and individuals who work with or 
conduct business on behalf of the Administration.
  (b) Contents.--Each report submitted under subsection (a) 
shall include, with respect to the previous calendar year, the 
following:
          (1) The number of alleged sexual assaults involving 
        employees, members, and individuals described in 
        subsection (a).
          (2) A synopsis of each case and the disciplinary 
        action taken, if any, in each case.
          (3) The policies, procedures, and processes 
        implemented by the Secretary, and any updates or 
        revisions to such policies, procedures, and processes.
          (4) A summary of the reports received by the Under 
        Secretary for Oceans and Atmosphere under section 
        3541(f), including a synopsis of each case and the 
        disciplinary action taken, if any, in each case.
          (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 section 5 of National Oceanic and 
        Atmospheric Administration Sexual Harassment and 
        Assault Prevention Improvements Act of 2020.
          (7) The number of alleged sexual assaults and sexual 
        harassment cases involving fisheries, protected 
        species, and endangered species observers, including--
                  (A) a synopsis of each case and the status;
                  (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 
                assault or harassment is alleged to have 
                occurred, as appropriate.
  (c) Privacy Protection.--In preparing and submitting a report 
under subsection (a), the Secretary shall ensure that no 
individual involved in an alleged sexual assault can be 
identified by the contents of the report.

SEC. [3547.]  3552. SEXUAL ASSAULT DEFINED.

  In this subtitle, the term ``sexual assault'' shall have the 
meaning given such term in section 40002(a) of the Violence 
Against Women Act of 1994 (42 U.S.C. 13925(a)).

           *       *       *       *       *       *       *

                              ----------                              


        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT



           *       *       *       *       *       *       *
TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

           *       *       *       *       *       *       *


SEC. 307. PROHIBITED ACTS.

   It is unlawful--
          (1) for any person--
                  (A) to violate any provision of this Act or 
                any regulation or permit issued pursuant to 
                this Act;
                  (B) to use any fishing vessel to engage in 
                fishing after the revocation, or during the 
                period of suspension, of an applicable permit 
                issued pursuant to this Act;
                  (C) to violate any provision of, or 
                regulation under, an applicable governing 
                international fishery agreement entered into 
                pursuant to section 201(c);
                  (D) to refuse to permit any officer 
                authorized to enforce the provisions of this 
                Act (as provided for in section 311) to board a 
                fishing vessel subject to such person's control 
                for purposes of conducting any search or 
                inspection in connection with the enforcement 
                of this Act or any regulation, permit, or 
                agreement referred to in subparagraph (A) or 
                (C);
                  (E) to forcibly assault, resist, oppose, 
                impede, intimidate, or interfere with any such 
                authorized officer in the conduct of any search 
                or inspection described in subparagraph (D);
                  (F) to resist a lawful arrest for any act 
                prohibited by this section;
                  (G) to ship, transport, offer for sale, sell, 
                purchase, import, export, or have custody, 
                control, or possession of, any fish taken or 
                retained in violation of this Act or any 
                regulation, permit, or agreement referred to in 
                subparagraph (A) or (C);
                  (H) to interfere, with, delay, or prevent, by 
                any means, the apprehension or arrest of 
                another person, knowing that such other person 
                has committed any act prohibited by this 
                section;
                  (I) to knowingly and willfully submit to a 
                Council, the Secretary, or the Governor of a 
                State false information (including, but not 
                limited to, false information regarding the 
                capacity and extent to which a United States 
                fish processor, on an annual basis, will 
                process a portion of the optimum yield of a 
                fishery that will be harvested by fishing 
                vessels of the United States) regarding any 
                matter that the Council, Secretary, or Governor 
                is considering in the course of carrying out 
                this Act;
                  (J) to ship, transport, offer for sale, sell, 
                or purchase, in interstate or foreign commerce, 
                any whole live lobster of the species Homarus 
                americanus, that--
                          (i) is smaller than the minimum 
                        possession size in effect at the time 
                        under the American Lobster Fishery 
                        Management Plan, as implemented by 
                        regulations published in part 649 of 
                        title 50, Code of Federal Regulations, 
                        or any successor to that plan 
                        implemented under this title, or in the 
                        absence of any such plan, is smaller 
                        than the minimum possession size in 
                        effect at the time under a coastal 
                        fishery management plan for American 
                        lobster adopted by the Atlantic States 
                        Marine Fisheries Commission under the 
                        Atlantic Coastal Fisheries Cooperative 
                        Management Act (16 U.S.C. 5101 et 
                        seq.);
                          (ii) is bearing eggs attached to its 
                        abdominal appendages; or
                          (iii) bears evidence of the forcible 
                        removal of extruded eggs from its 
                        abdominal appendages;
                  (K) to knowingly steal, or without 
                authorization, to remove, damage, or tamper 
                with--
                          (i) fishing gear owned by another 
                        person, which is located in the 
                        exclusive economic zone, or
                          (ii) fish contained in such fishing 
                        gear;
                  (L) to [forcibly] assault, resist, oppose, 
                impede, intimidate, sexually harass, bribe, or 
                interfere with any observer [on a vessel] under 
                this Act, or any data collector employed by the 
                National Marine Fisheries Service or under 
                contract to any person to carry out 
                responsibilities under this Act;
                  (M) to engage in large-scale driftnet fishing 
                that is subject to the jurisdiction of the 
                United States, including use of a fishing 
                vessel of the United States to engage in such 
                fishing beyond the exclusive economic zone of 
                any nation;
                  (N) to strip pollock of its roe and discard 
                the flesh of the pollock;
                  (O) to knowingly and willfully fail to 
                disclose, or to falsely disclose, any financial 
                interest as required under section 302(j), or 
                to knowingly vote on a Council decision in 
                violation of section 302(j)(7)(A);
                  (P)(i) to remove any of the fins of a shark 
                (including the tail) at sea;
                  (ii) to have custody, control, or possession 
                of any such fin aboard a fishing vessel unless 
                it is naturally attached to the corresponding 
                carcass;
                  (iii) to transfer any such fin from one 
                vessel to another vessel at sea, or to receive 
                any such fin in such transfer, without the fin 
                naturally attached to the corresponding 
                carcass; or
                  (iv) to land any such fin that is not 
                naturally attached to the corresponding 
                carcass, or to land any shark carcass without 
                such fins naturally attached;
                  (Q) to import, export, transport, sell, 
                receive, acquire, or purchase in interstate or 
                foreign commerce any fish taken, possessed, 
                transported, or sold in violation of any 
                foreign law or regulation or any treaty or in 
                contravention of any binding conservation 
                measure adopted by an international agreement 
                or organization to which the United States is a 
                party; or
                  (R) to use any fishing vessel to engage in 
                fishing in Federal or State waters, or on the 
                high seas or in the waters of another country, 
                after the Secretary has made a payment to the 
                owner of that fishing vessel under section 
                312(b)(2).
        For purposes of subparagraph (P), there shall be a 
        rebuttable presumption that if any shark fin (including 
        the tail) is found aboard a vessel, other than a 
        fishing vessel, without being naturally attached to the 
        corresponding carcass, such fin was transferred in 
        violation of subparagraph (P)(iii) or that if, after 
        landing, the total weight of shark fins (including the 
        tail) landed from any vessel exceeds five percent of 
        the total weight of shark carcasses landed, such fins 
        were taken, held, or landed in violation of 
        subparagraph (P). In such subparagraph, the term 
        ``naturally attached'', with respect to a shark fin, 
        means attached to the corresponding shark carcass 
        through some portion of uncut skin.
          (2) for any vessel other than a vessel of the United 
        States, and for the owner or operator of any vessel 
        other than a vessel of the United States, to engage--
                  (A) in fishing within the boundaries of any 
                State, except--
                          (i) recreational fishing permitted 
                        under section 201(i);
                          (ii) fish processing permitted under 
                        section 306(c); or
                          (iii) transshipment at sea of fish or 
                        fish products within the boundaries of 
                        any State in accordance with a permit 
                        approved under section 204(d);
                  (B) in fishing, except recreational fishing 
                permitted under section 201(i), within the 
                exclusive economic zone, or for any anadromous 
                species or Continental Shelf fishery resources 
                beyond such zone or areas, unless such fishing 
                is authorized by, and conducted in accordance 
                with, a valid and applicable permit issued 
                pursuant to section 204(b), (c), or (d); or
                  (C) except as permitted under section 306(c), 
                in fish processing (as defined in paragraph 
                (4)(A) of such section) within the internal 
                waters of a State (as defined in paragraph 
                (4)(B) of such section);
          (3) for any vessel of the United States, and for the 
        owner or operator of any vessel of the United States, 
        to transfer at sea directly or indirectly, or attempt 
        to so transfer at sea, any United States harvested fish 
        to any foreign fishing vessel, while such foreign 
        vessel is within the exclusive economic zone or within 
        the boundaries of any State except to the extent that 
        the foreign fishing vessel has been permitted under 
        section 204(d) or section 306(c) to receive such fish;
          (4) for any fishing vessel other than a vessel of the 
        United States to operate, and for the owner or operator 
        of a fishing vessel other than a vessel of the United 
        States to operate such vessel, in the exclusive 
        economic zone or within the boundaries of any State or 
        special areas, if--
                  (A) all fishing gear on the vessel is not 
                stored below deck or in an area where it is not 
                normally used, and not readily available, for 
                fishing; or
                  (B) all fishing gear on the vessel which is 
                not so stored is not secured and covered so as 
                to render it unusable for fishing;
        unless such vessel is authorized to engage in fishing 
        in the area in which the vessel is operating; and
          (5) for any vessel of the United States, and for the 
        owner or operator of any vessel of the United States, 
        to engage in fishing in the waters of a foreign nation 
        in a manner that violates an international fishery 
        agreement between that nation and the United States 
        that has been subject to Congressional oversight in the 
        manner described in section 203, or any regulations 
        issued to implement such an agreement; except that the 
        binding provisions of such agreement and implementing 
        regulations shall have been published in the Federal 
        Register prior to such violation.

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                              ----------                              


 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER 
                           CORPS ACT OF 2002

TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED 
OFFICER CORPS

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                    Subtitle E--Rights and Benefits

SEC. 261. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED 
                    STATES CODE.

  (a) Provisions Made Applicable to the Corps.--The rules of 
law that apply to the Armed Forces under the following 
provisions of title 10, United States Code, as those provisions 
are in effect from time to time, apply also to the commissioned 
officer corps of the Administration:
          (1) Chapter 40, relating to leave.
          (2) Section 533(b), relating to constructive service.
          (3) Section 716, relating to transfers between the 
        armed forces and to and from National Oceanic and 
        Atmospheric Administration.
          (4) Section 657, relating to prohibition on service 
        by individuals convicted of certain sexual offenses.
          [(4)] (5) Section 1035, relating to deposits of 
        savings.
          [(5)] (6) Section 1036, relating to transportation 
        and travel allowances for escorts for dependents of 
        members.
          [(6)] (7) Section 1052, relating to reimbursement for 
        adoption expenses.
          [(7)] (8) Section 1174a, relating to special 
        separation benefits (except that benefits under 
        subsection (b)(2)(B) of such section are subject to the 
        availability of appropriations for such purpose and are 
        provided at the discretion of the Secretary of 
        Commerce).
          [(8)] (9) Chapter 61, relating to retirement or 
        separation for physical disability.
          [(9)] (10) Chapter 69, relating to retired grade, 
        except sections 1370, 1375, and 1376.
          [(10)] (11) Chapter 71, relating to computation of 
        retired pay.
          [(11)] (12) Chapter 73, relating to annuities based 
        on retired or retainer pay.
          [(12)] (13) Subchapter II of chapter 75, relating to 
        death benefits.
          [(13)] (14) Section 2634, relating to transportation 
        of motor vehicles for members on permanent change of 
        station.
          [(14)] (15) Sections 2731 and 2735, relating to 
        property loss incident to service.
          [(15)] (16) Section 2771, relating to final 
        settlement of accounts of deceased members.
          [(16)] (17) Such other provisions of subtitle A of 
        that title as may be adopted for applicability to the 
        commissioned officer corps of the National Oceanic and 
        Atmospheric Administration by any other provision of 
        law.
  (b) References.--The authority vested by title 10, United 
States Code, in the ``military departments'', ``the Secretary 
concerned'', or ``the Secretary of Defense'' with respect to 
the provisions of law referred to in subsection (a) shall be 
exercised, with respect to the commissioned officer corps of 
the Administration, by the Secretary of Commerce or the 
Secretary's designee.

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        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]