[Senate Report 116-259]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 520
116th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      116-259
_______________________________________________________________________

                                     


 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

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2782









[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]










                August 13, 2020.--Ordered to be printed                     
                
                            ________
                            
                 U.S. GOVERNMENT PUBLISHING OFFICE 
                 
99-010                   WASHINGTON : 2020
                          
                
                
                
                
                
                





                
                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             second session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director



























                                                      Calendar No. 520
116th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      116-259

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



 
 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

                                _______
                                

                August 13, 2020.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2782]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2782) to improve provisions of 
law relating to sexual harassment and assault prevention at the 
National Oceanic and Atmospheric Administration, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 2782, as reported, is to improve 
provisions of law relating to sexual harassment and assault 
prevention at the National Oceanic and Atmospheric 
Administration (NOAA).

                          Background and Needs

    Following allegations from several whistleblowers to the 
Committee, on December 23, 2016, the National Defense 
Authorization Act for Fiscal Year 2017\1\ was enacted, 
requiring that NOAA develop a policy to prevent and respond to 
sexual assault and sexual harassment in the workplace. The 
legislation also required that the Secretary of Commerce report 
annually on incidences of sexual assault and sexual harassment 
to the Committees with oversight jurisdiction in the House and 
the Senate.
---------------------------------------------------------------------------
    \1\Public Law 114-328.
---------------------------------------------------------------------------
    NOAA launched a sexual assault and sexual harassment 
helpline, operated by the Rape, Abuse, and Incest National 
Network (RAINN), the Nation's largest anti-sexual violence 
organization. In February 2018, NOAA published the Sexual 
Assault and Sexual Harassment Prevention and Response Policy 
(NOAA SASH Policy)\2\ as directed by Congress. NOAA was 
directed to develop a comprehensive policy on the prevention of 
and response to sexual assault and sexual harassment involving 
employees of NOAA, members of the NOAA Corps, and individuals 
who work with or conduct business on behalf of NOAA. In August 
2018, NOAA hired a workplace violence prevention and response 
manager.
---------------------------------------------------------------------------
    \2\Enshrined in NOAA Administrative Order 202-1106: NOAA Sexual 
Assault and Sexual Harassment Prevention and Response Policy, issued 
Feb. 26, 2018 (https://www.corporateservices.noaa.gov/ames/
administrative_orders/chapter_202/202-1106.html) (accessed Apr. 15, 
2020).
---------------------------------------------------------------------------
    In June 2019, NOAA issued its first mandatory annual report 
on incidences of sexual assault and sexual harassment.\3\ From 
the report, ``In 2018, the SASH Helpline received 3,377 
contacts, including website views, 114 phone calls, 62 text 
conversations, 54 application downloads, and 40 online 
chats.''\4\ NOAA also was made aware of 22 sexual assault 
allegations and 52 allegations of sexual harassment involving 
employees, members of the NOAA Corps, or individuals who worked 
for or conducted business on behalf of NOAA.\5\ The report 
concludes by focusing on the need for additional funding and 
more time to combat sexual assault and harassment at NOAA.\6\ 
The next annual report was due to the Committee no later than 
January 15, 2020. The Committee commends NOAA on its commitment 
to implementing the National Defense Authorization Act for 
Fiscal Year 2017, and S. 2782 aims to support continued 
progress in combating sexual assault and sexual harassment at 
NOAA.
---------------------------------------------------------------------------
    \3\National Oceanic and Atmospheric Administration, Report to 
Congress, National Oceanic and Atmospheric Administration Annual Sexual 
Assault Report, Jun. 12, 2019 (https://www.cantwell.senate.gov/imo/
media/doc/NOAA%20SASH%20Report%202019.pdf) (accessed Apr. 15, 2020).
    \4\Id.
    \5\Id.
    \6\Id.
---------------------------------------------------------------------------
    When the legislative framework for the NOAA SASH Policy was 
established,\7\ it allowed victims to confidentially report 
assaults. This has led to unintended consequences. For example, 
confidential complaints cannot be included in NOAA reports on 
sexual assault and harassment. This bill would change the word 
``confidentially'' to ``anonymously'' and improve the 
investigation of and reporting on sexual assault and harassment 
at NOAA. Notably, this change would not grant any new authority 
to take personnel action against an individual based solely on 
an anonymous report, but would instead allow the agency to more 
fully investigate allegations while still protecting 
complainants.
---------------------------------------------------------------------------
    \7\Public Law 114-328.
---------------------------------------------------------------------------
    The bill would also require that NOAA investigate every 
allegation, and to begin investigation promptly. These 
provisions support both an individual accused of assault or 
harassment by initiating an investigation promptly in case 
there is exculpatory evidence, and they also support survivors 
of assault or harassment by ensuring their allegations are 
taken seriously.
    Finally, the bill would require that if there is evidence 
that a crime has occurred, the Secretary of Commerce must refer 
that evidence to law enforcement. NOAA's mission is one that 
demands expertise in oceanic and atmospheric science, policy, 
and management. Law enforcement is best-equipped to investigate 
instances of assault, and NOAA should refer crimes as 
appropriate.

                         Summary of Provisions

    S. 2782, a bill to improve provisions of law relating to 
sexual harassment and assault prevention at NOAA, and for other 
purposes, would replace the word ``confidentially'' with 
``anonymously'' with regard to sexual assault and harassment 
reports, fixing a provision that restricted NOAA's ability to 
accurately compile reports of sexual assault and harassment. It 
would also require reporting and investigation of sexual 
harassment in a reasonable timeline, and if an investigation 
has not commenced within 48 hours of a report, would require 
congressional notification. The bill would also require that if 
there is evidence of a crime, the Secretary of Commerce would 
be required to refer it to law enforcement.

                          Legislative History

    S. 2782 was introduced on November 5, 2019, by Senator 
Cantwell and was referred to the Committee on Commerce, 
Science, and Transportation of the Senate. On November 13, 
2019, the Committee met in open Executive Session and, by voice 
vote, ordered S. 2782 reported favorably without amendment. 
NOAA's framework for Sexual Assault and Sexual Harassment 
Prevention and Response Policy was codified in the National 
Defense Authorization Act for Fiscal Year 2017.\8\
---------------------------------------------------------------------------
    \8\Id.
---------------------------------------------------------------------------

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 2782 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.
    Using information about NOAA's current sexual assault and 
sexual harassment policy, CBO estimates that implementing S. 
2782 would cost less than $500,000 over the 2020-2024 period. 
Any spending would be subject to the availability of 
appropriated funds.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 2782, as reported, would not create any new programs or 
impose any new regulatory requirements, and therefore would not 
subject any individuals or businesses to new regulations.

                            economic impact

    S. 2782 is not expected to have a negative impact on the 
Nation's economy.

                                privacy

    S. 2782, as reported, would increase the personal privacy 
of individuals by allowing victims of sexual harassment and 
assault to report these actions anonymously.

                               paperwork

    S. 2782 would not increase paperwork requirements for 
private individuals and businesses. The bill would require the 
Secretary of Commerce to initiate an investigation of sexual 
assault or harassment of NOAA personnel within 48 hours of 
receipt of a report. The bill would also require the Secretary 
of Commerce to refer cases where there is evidence of a crime 
to appropriate law enforcement entities.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Improvements relating to sexual harassment and assault 
        prevention at the National Oceanic and Atmospheric 
        Administration.

    This section would replace the word ``confidentially'' with 
``anonymously'' in title XXXV of the National Defense 
Authorization Act for Fiscal Year 2017. This section would also 
require the Secretary of Commerce to investigate any allegation 
of sexual harassment or sexual assault reported in NOAA. If an 
investigation has not commenced within 48 hours, the section 
would require Congress to be notified. This section would also 
require the Secretary of Commerce to refer the crime to the 
appropriate law enforcement authority in the event that there 
is evidence the crime has been committed.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017

           *       *       *       *       *       *       *


                [Pub. L. 114-328; 33 U.S.C. 894 et seq.]

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

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
     * * * * * * *

                      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. 3544.  Change of station.
Sec. 3545.  Applicability of policies to crews of vessels secured by 
          National Oceanic and Atmospheric Administration under 
          contract.
[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.  Annual report on sexual assaults in the National Oceanic and 
          Atmospheric Administration.
Sec. 3549.  Sexual assault defined.

           *       *       *       *       *       *       *


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.

  (a) Required Policy.--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.
  (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 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] anonymously reported; and
          (4) a prohibition on retaliation and consequences for 
        retaliatory actions.
  (c) * * *

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 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.
  (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] anonymously reported.
          (6) * * *

SEC. 3543. * * *

SEC. 3544. * * *

SEC. 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 assault 
        reported under section 3541 and each allegation of 
        sexual harassment 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 sexual assault reported under section 3541 or 
        sexual harassment 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 sexual assault or sexual 
harassment under section 3541 or 3542, respectively, and 
commencement of an investigation of the allegation 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. [3546.] 3548. ANNUAL REPORT ON SEXUAL ASSAULTS IN THE NATIONAL 
                    OCEANIC AND ATMOSPHERIC ADMINISTRATION.

  (a) * * *

SEC. [3547.] 3549. 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)).

           *       *       *       *       *       *       *


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