[House Report 119-761]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-761
=======================================================================
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SEXUAL HARASSMENT AND
ASSAULT PREVENTION IMPROVEMENTS ACT OF 2025
----------------
August 20, 2026.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
----------------
Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2406]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2406) to amend the National Defense
Authorization Act for Fiscal Year 2017 to address sexual
harassment and sexual assault involving National Oceanic and
Atmospheric Administration personnel, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Legislation
The purpose of H.R. 2406 is to amend the National Defense
Authorization Act for Fiscal Year 2017 to address sexual
harassment and sexual assault involving National Oceanic and
Atmospheric Administration personnel, and for other purposes.
Background and Need for Legislation
Sexual harassment and sexual assault present an ongoing,
pervasive challenge within the National Oceanic and Atmospheric
Administration (NOAA). In February 2018, NOAA issued its Sexual
Assault and Sexual Harassment Prevention and Response
Policy.\1\ In 2021, however, the U.S. Government Accountability
Office found that while NOAA had made substantial progress
preventing and responding to cases of sexual harassment and
assault, the agency had still fallen short in key aspects of
tackling this important subject.\2\
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\1\``Workplace Violence Prevention and Response Program,'' National
Oceanic and Atmospheric Administration, 2025, https://www.noaa.gov/
workplace-violence-prevention-response-program.
\2\Sexual Assault and Harassment: NOAA Has Made Substantial
Progress in Prevention and Response but Could Further Improve Its
Processes. U.S. Government Accountability Office, 2021, https://
www.gao.gov/products/gao-21-560.
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H.R. 2406 responds to these shortcomings by expanding the
coverage of NOAA's sexual harassment prevention and response
policy to include observers and voting members and staff of
regional fishery management councils. The legislation also
expands existing reporting requirements and directs NOAA's
Civil Rights Office to report, in its quarterly briefings to
the NOAA Administrator, a synopsis of each case of sexual
harassment and the disciplinary action taken in response. The
legislation creates similar reporting requirements for the
annual report that the Secretary of Commerce is directed to
submit to the House Committee on Natural Resources and the
Senate Committee on Commerce, Science, and Transportation.
Committee Action
H.R. 2406 was introduced on March 27, 2025, by
Representative Suzanne Bonamici (D-OR). The bill was referred
to the Committee on Natural Resources, and within the Committee
to the Subcommittee on Water, Wildlife and Fisheries. On June
3, 2026, the Subcommittee on Water, Wildlife and Fisheries held
a hearing on the bill. On July 15, 2026, the Committee on
Natural Resources met to consider the bill. The Subcommittee on
Water, Wildlife and Fisheries was discharged from further
consideration of H.R. 2406 by unanimous consent. The bill was
ordered favorably reported to the House of Representatives by
unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Wildlife and Fisheries
held on June 3, 2026.
Section-by-Section Analysis
Section 1. Short title
This Act may be cited as the ``National Oceanic and
Atmospheric Administration Sexual Harassment and Assault
Prevention Improvements Act of 2025''.
Section 2. References
Section 2 explains that references in the bill are to a
provision of subtitle C of title XXXV of the National Defense
Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 et seq.).
Section 3. Policy on prevention of and response to sexual harassment
involving National Oceanic and Atmospheric Administration
personnel
Section 3 directs NOAA's Civil Rights Office to report, in
its quarterly briefings to the NOAA Administrator, a synopsis
of each case of sexual harassment and the disciplinary action
taken in response.
Section 4. Annual report on sexual harassment, sexual assault, and
equal employment
Section 4 expands reporting requirements on sexual
harassment, sexual assault, and equal employment.
Section 5. Investigation and criminal referral requirements
Section 5 directs NOAA to update its policies to develop a
restricted reporting system that allows employees and other
personnel to confidentially report sexual harassment or assault
and receive services without triggering an investigation. The
section also requires NOAA's Office of Marine and Aviation
Operations to establish a policy for reporting to the Coast
Guard the names of NOAA personnel involved in a sexual
harassment or sexual assault claim. Specifically, such reports
must identify employees or contractors who are the subject of
such claim, the time and date of the incident, and the location
of the vessel when the incident occurred.
Section 6. Definitions
Section 6 specifies that NOAA's sexual harassment
prevention and response policy applies to personnel such as
observers, at-sea monitors, and voting members and staff of
regional fishery management councils.
Section 7. Conforming and clerical amendments
Section 7 makes a series of conforming and clerical
amendments to title XXXV of the FY 2017 NDAA.
Section 8. Prohibited acts
Section 8 removes the requirement that certain acts, such
as assault, intimidation, and sexual harassment of an observer
or a data collector, be forcible in nature to be unlawful.
Section 9. Prohibition on service in Commissioned Officer Corps of
National Oceanic and Atmospheric Administration by individuals
convicted of certain sexual offenses
Section 9 prohibits a person convicted of certain sexual
offenses from enlisting with, or being commissioned by, NOAA.
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.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the National Defense
Authorization Act for Fiscal Year 2017 to address sexual
harassment and sexual assault involving National Oceanic and
Atmospheric Administration personnel, and for other purposes.
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
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
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
* * * * * * *
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.
* * * * * * *
TITLE XXXV--MARITIME MATTERS
* * * * * * *
Subtitle C--Sexual Harassment and Assault Prevention at the National
Oceanic and Atmospheric Administration
* * * * * * *
[Sec. 3548. Annual report on sexual assaults in the National Oceanic and
Atmospheric Administration.
[Sec. 3549. Sexual assault defined.]
Sec. 3548. Exceptions regarding anonymity of victims in certain cases.
Sec. 3549. Restricted reporting update.
Sec. 3550. Mariner referral.
Sec. 3551. Annual report on sexual harassment, sexual assault, and equal
employment in the National Oceanic and Atmospheric
Administration.
* * * * * * *
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.
(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]
covered personnel.
(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
reported on a restricted or unrestricted basis;
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) Relevant data, including--
(i) a synopsis of each case and the
disciplinary action taken, if any, with
respect to each such case; and
(ii) data collected pursuant to the
Notification and Federal Employee
Antidiscrimination and Retaliation Act
of 2002 (5 U.S.C. 2301 note).
[(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 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]
covered personnel.
(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
reported on a restricted or unrestricted basis.
(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 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 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] covered personnel.
(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.
(3) Primary duties.--The primary duties of a victim
advocate established under paragraph (1) shall include
the following:
(A) Supporting victims of sexual assault and
informing them of their rights and the
resources available to them as victims.
(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 of sexual assault.
(4) Location.--The Secretary shall ensure that at
least 1 victim advocate established under paragraph (1)
is stationed--
(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 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. 3544. CHANGE OF STATION.
(a) Change of Station, Unit Transfer, or Change of Work
Location of Victims.--
(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
a victim 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 for consideration of a
change of station or unit transfer of the
victim; and
(B) in the case of an employee of the
Administration who was a victim 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.
(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 of a
sexual assault for a change of station, unit
transfer, or change of work location of the
victim is denied--
(i) the victim 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 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.
(B) Due process for the victim 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. 3545. APPLICABILITY OF POLICIES TO CREWS OF VESSELS SECURED BY
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
UNDER CONTRACT.
The Under Secretary for Oceans and Atmosphere shall ensure
that each contract into which the Under Secretary enters for
the use of a vessel by the [National Oceanic and Atmospheric]
Administration that covers the crew of the vessel, if any,
shall include as a condition of the contract a provision that
subjects such crew to the policy developed under section
3541(a) and the comprehensive policy developed under section
3542(a).
* * * * * * *
SEC. 3547. CRIMINAL REFERRAL.
If the Secretary of Commerce finds, [pursuant to] at the
onset or during the course of 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 and, with respect to a licensed mariner, the
Commandant of the Coast Guard.
SEC. 3548. EXCEPTIONS REGARDING ANONYMITY OF VICTIMS IN CERTAIN CASES.
(a) In General.--In any case in which an employee of the
Administration, member of the commissioned officer corps of the
Administration, or covered personnel elects restricted or
unrestricted reporting under section 3541(b)(3)(B) or
3542(b)(5)(B), disclosure to the following persons or
organizations of the personally identifying information of such
individual is authorized for the following reasons:
(1) To Administration staff or law enforcement
personnel, if authorized by the victim in writing.
(2) To Administration staff or law enforcement
personnel to prevent or lessen a serious or imminent
threat to the health or safety of the victim or another
person.
(3) To a victim advocate or healthcare provider, if
required for the provision of victim services.
(4) To a State or Federal court, if pursuant to a
court order or if disclosure is required by Federal or
State statute.
(b) Notice of Disclosure; Privacy Protection.--If information
described in subsection (a) is disclosed under that subsection,
the Secretary shall--
(1) make reasonable attempts to provide notice to the
individual the information of whom is so disclosed; and
(2) take such action as is necessary to protect the
privacy and safety of the individual.
SEC. 3549. RESTRICTED REPORTING UPDATE.
Not later than 3 years after the date of the enactment of the
National Oceanic and Atmospheric Administration Sexual
Harassment and Assault Prevention Improvements Act of 2025, the
Secretary of Commerce, acting through the Under Secretary for
Oceans and Atmosphere, shall update the policies developed
under sections 3541 and 3542 with respect to the mechanism
established under subsections (b)(3)(B) and (b)(5)(B) of those
sections, respectively, such that each such mechanism provides
for a restricted reporting system that allows an employee of
the Administration, member of the commissioned officer corps of
the Administration, or covered personnel who alleges to have
been sexually harassed or sexually assaulted to confidentially
disclose the details of such sexual harassment or sexual
assault to specified individuals and receive the services
outlined in this subtitle--
(1) without the dissemination of the personally
identifying information of such individual, except as
necessary for the provision of such services and as
provided by section 3548(a); and
(2) without automatically triggering an investigative
process.
SEC. 3550. MARINER REPORTING.
(a) Mandatory Reporting by Responsible Entity of a Vessel.--
(1) Unrestricted reports.--The responsible entity of
a vessel shall report to the Commandant of the Coast
Guard any incident of sexual harassment or sexual
assault in violation of employer policy or law, of
which the responsible entity of a vessel is made aware,
involving--
(A) an employee or contractor of the
Administration who is required to hold a valid
merchant mariner credential as a condition of
employment; or
(B) a crewmember of a vessel that, at the
time of such incident, was operating under a
contract with the Administration.
(2) Restricted reports.--Paragraph (1) does not apply
with respect to an incident of sexual harassment or
sexual assault reported on a restricted basis pursuant
to the mechanisms established for such reporting under
sections 3541(b)(3)(B) and 3542(b)(5)(B), respectively.
(b) Reporting Procedures.--
(1) In general.--
(A) Timing of reporting.--The responsible
entity of a vessel shall make a report required
under subsection (a)(1) as soon as the
responsible entity of a vessel is made aware of
the incident of sexual harassment or sexual
assault that is the subject of the report.
(B) Mode of reporting.--The responsible
entity of a vessel shall make a report required
under subsection (a)(1) to a single entity in
the Coast Guard designated by the Commandant of
the Coast Guard to receive such reports by the
fastest telecommunication channel available to
the responsible entity of a vessel.
(2) Contents of report.--Each report made under this
section shall include, to the best of the knowledge of
the responsible entity of a vessel--
(A) the name, Coast Guard merchant mariner
credential reference number, if applicable,
official position or role in relation to the
vessel, and contact information of each
individual involved in the incident of sexual
harassment or sexual assault that is the
subject of the report;
(B) the name and official number of the
vessel;
(C) the time and date of the incident of
sexual harassment or sexual assault;
(D) the geographic position or location of
the vessel when the incident of sexual
harassment or sexual assault occurred; and
(E) a brief description of the incident of
alleged sexual harassment or sexual assault
being reported.
(c) Notification by Secretary.--
(1) In general.--The Secretary of Commerce, acting
through the Under Secretary for Oceans and Atmosphere,
shall notify the Director of the Office of Marine and
Aviation Operations of each report of an incident of
sexual harassment or sexual assault received by the
Secretary.
(2) Notification contents.--Each notification under
paragraph (1) shall include, to the best of the
knowledge of the Secretary of Commerce, acting through
the Under Secretary for Oceans and Atmosphere--
(A) with respect to an unrestricted report
submitted pursuant to section 3541(b)(3)(B) or
3542(b)(5)(B), the information required under
subsection (b)(2) of this section; and
(B) with respect to a restricted report
submitted pursuant to section 3541(b)(3)(B) or
3542(b)(5)(B), the information required under
subsection (b)(2) of this section that does not
include the personally identifying information
of the individual that submitted the restricted
report.
[SEC. 3548. ANNUAL REPORT ON SEXUAL ASSAULTS IN THE NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION.]
SEC. 3551. ANNUAL REPORT ON SEXUAL HARASSMENT, SEXUAL ASSAULT, AND
EQUAL EMPLOYMENT IN 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 involving] sexual harassment
and sexual assault cases involving, and the equal employment
of, 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] covered personnel.
(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]
harassment and sexual assault cases 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 sexual harassment
and equal employment case and the disciplinary action
taken, if any, with respect to each such case.
(5) A summary of the number of change of station,
unit transfer, and change of work location requests
submitted to the Secretary of Commerce, acting through
the Under Secretary for Oceans and Atmosphere, under
subsection (a) of section 3544, including the number of
such requests the Secretary denied under that
subsection.
(6) A summary of the number of cases reported to the
Commandant of the Coast Guard under section 3550.
(7) The number of alleged sexual harassment and
sexual assault cases involving fisheries observers,
protected species observers, and endangered species
observers, including--
(A) a synopsis of each case and the status of
each such case;
(B) the disposition of any investigation; and
(C) a description of the fishery management
region and fishery or the geographic region and
type of permitted operation in which the
incident of sexual harassment or sexual assault
is alleged to have occurred, as appropriate.
(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] harassment
or sexual assault case can be identified by the contents of the
report.
[SEC. 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)).]
SEC. 3552. DEFINITIONS.
In this subtitle:
(1) Administration.--The term ``Administration''
means the National Oceanic and Atmospheric
Administration.
(2) Covered personnel.--
(A) In general.--The term ``covered
personnel'' means an individual who works with
or conducts business on behalf of the
Administration.
(B) Inclusion.--The term ``covered
personnel'' includes--
(i) observers, at-sea monitors, and
catch monitors required by the National
Marine Fisheries Service to operate on
or in commercial fishing vessels, other
privately owned vessels, barges, or
platforms, and shoreside processing
facilities for--
(I) commercial fisheries
observation required by the
Magnuson-Stevens Fishery
Conservation and Management Act
(13 U.S.C. 1801 et seq.);
(II) protected species or
endangered species observation
required by the Marine Mammal
Protection Act of 1972 (16
U.S.C. 1361 et seq.) or the
Endangered Species Act of 1973
(16 U.S.C. 1351 et seq.); or
(III) platform removal
observation; and
(ii) voting members and executive and
administrative staff of each Regional
Fishery Management Council established
by section 302 of the Magnuson-Stevens
Fishery Conservation and Management Act
(16 U.S.C. 1852).
(3) Responsible entity of a vessel.--The term
``responsible entity of a vessel'' means the Director
of the Office of Marine and Aviation Operations, with
respect to each vessel owned or operated by the
Administration.
(4) Sexual assault.--The term ``sexual assault'' has
the meaning given the term in section 40002(a) of the
Violence Against Women Act of 1994 (42 U.S.C. 13925
(a)).
* * * * * * *
----------
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, unless such large-scale driftnet
fishing--
(i) deploys, within the exclusive
economic zone, a net with a total
length of less than two and one-half
kilometers and a mesh size of 14 inches
or greater; and
(ii) is conducted within 5 years of
the date of enactment of the Driftnet
Modernization and Bycatch Reduction
Act;
(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.
* * * * * * *
----------
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
COMMISSIONED OFFICER CORPS ACT OF 2002
* * * * * * *
TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION COMMISSIONED OFFICER CORPS
* * * * * * *
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 771, relating to unauthorized wearing of
uniforms.
(5) Section 774, relating to wearing religious
apparel while in uniform.
(6) Section 982, relating to service on State and
local juries.
(7) Section 1031, relating to administration of
oaths.
(8) Section 1034, relating to protected
communications and prohibition of retaliatory personnel
actions.
(9) Section 1035, relating to deposits of savings.
(10) Section 1036, relating to transportation and
travel allowances for escorts for dependents of
members.
(11) Section 1052, relating to reimbursement for
adoption expenses.
(12) Section 1074n, relating to annual mental health
assessments.
(13) Section 1090a, relating to referrals for mental
health evaluations.
(14) Chapter 58, relating to the Benefits and
Services for members being separated or recently
separated.
(15) 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).
(16) Chapter 61, relating to retirement or separation
for physical disability.
(17) Section 1251(e), relating to retirement or
separation based on years of creditable service.
(18) Chapter 69, relating to retired grade, except
sections 1370, 1375, and 1376.
(19) Chapter 71, relating to computation of retired
pay.
(20) Chapter 73, relating to annuities based on
retired or retainer pay.
(21) Subchapter II of chapter 75, relating to death
benefits.
(22) Subchapter I of chapter 88, relating to Military
Family Programs, applicable on an as-available and
fully reimbursable basis.
(23) Section 2005, relating to advanced education
assistance, active duty agreements, and reimbursement
requirements.
(24) Section 2634, relating to transportation of
motor vehicles for members on permanent change of
station.
(25) Sections 2731 and 2735, relating to property
loss incident to service.
(26) Section 657, relating to prohibition on service
by individuals convicted of certain sexual offenses.
[(26)] (27) Section 2771, relating to final
settlement of accounts of deceased members.
(27) 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. For purposes of paragraph (8) of
subsection (a), the term ``Inspector General'' in section 1034
of such title 10 shall mean the Inspector General of the
Department of Commerce.
(c) Regulations Regarding Protected Communications and
Prohibition of Retaliatory Personnel Actions.--The Secretary
may prescribe regulations to carry out the application of
section 1034 of title 10, United States Code, to the
commissioned officer corps of the Administration, including by
prescribing such administrative procedures for investigation
and appeal within the commissioned officer corps as the
Secretary considers appropriate.
* * * * * * *
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