119-hr2406

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2406 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2406

To amend the National Defense Authorization Act for Fiscal Year 2017 to 
address sexual harassment and sexual assault involving National Oceanic 
 and Atmospheric Administration personnel, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 27, 2025

Ms. Bonamici (for herself, Ms. Salazar, and Mr. Huffman) introduced the 
 following bill; which was referred to the Committee on Natural 
 Resources

_______________________________________________________________________

 A BILL

To amend the National Defense Authorization Act for Fiscal Year 2017 to 
address sexual harassment and sexual assault involving National Oceanic 
 and Atmospheric Administration personnel, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``National Oceanic and Atmospheric 
Administration Sexual Harassment and Assault Prevention Improvements 
Act of 2025''.

SEC. 2. REFERENCES.

 Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a provision, the reference shall be considered to be made to a 
provision of subtitle C of title XXXV of the National Defense 
Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 et seq.).

SEC. 3. POLICY ON PREVENTION OF AND RESPONSE TO SEXUAL HARASSMENT 
 INVOLVING NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
 PERSONNEL.

 

Section 3541

    (f) (33 U.S.C. 894

    (f) ) is amended--

    (1) by inserting ``and equal employment'' after ``sexual 
 harassment'' in each place it appears; and

    (2) in paragraph

    (2) --
        (A) by redesignating subparagraphs
            (C) and
            (D) as 
 subparagraphs
            (D) and
        (E) , respectively; and
        (B) by inserting after subparagraph
        (B) the 
 following:
 ``
            (C) Relevant data, including--
 ``
            (i) a synopsis of each case and the 
 disciplinary action taken, if any, with respect 
 to each such case; and
 ``
            (ii) data collected pursuant to the 
 Notification and Federal Employee 
 Antidiscrimination and Retaliation Act of 2002 
 (5 U.S.C. 2301 note).''.

SEC. 4. ANNUAL REPORT ON SEXUAL HARASSMENT, SEXUAL ASSAULT, AND EQUAL 
 EMPLOYMENT.

 

Section 3548 (33 U.S.C. 894e) is amended--

    (1) by striking the section heading and inserting the 
 ``annual report on sexual harassment, sexual assault, and equal 
 employment in national oceanic and atmospheric 
 administration''.

    (2) in subsection

    (a) , by striking ``the sexual assaults 
 involving'' and inserting ``sexual harassment and sexual 
 assault cases involving, and the equal employment of,'';

    (3) in subsection

    (b) --
        (A) in paragraph

    (1) , by striking ``assaults'' and 
 inserting ``harassment and sexual assault cases'';
        (B) in paragraph

    (4) , by inserting ``, including a 
 synopsis of each sexual harassment and equal employment 
 case and the disciplinary action taken, if any, with 
 respect to each such case'' before the period at the 
 end; and
            (C) by adding at the end the following:
 ``

    (5) A summary of the number of change of station, unit 
 transfer, and change of work location requests submitted to the 
 Secretary of Commerce, acting through the Under Secretary for 
 Oceans and Atmosphere, under subsection

    (a) of 

section 3544, 
 including the number of such requests the Secretary denied 
 under that subsection.
 ``

    (6) A summary of the number of cases reported to the 
 Commandant of the Coast Guard under 

section 3550.
 ``

    (7) The number of alleged sexual harassment and sexual 
 assault cases involving fisheries observers, protected species 
 observers, and endangered species observers, including--
 ``
        (A) a synopsis of each case and the status of 
 each such case;
 ``
        (B) the disposition of any investigation; and
 ``
            (C) a description of the fishery management 
 region and fishery or the geographic region and type of 
 permitted operation in which the incident of sexual 
 harassment or sexual assault is alleged to have 
 occurred, as appropriate.''; and

    (4) in subsection
            (c) , by striking ``assault'' and 
 inserting ``harassment or sexual assault case''.

SEC. 5. INVESTIGATION AND CRIMINAL REFERRAL REQUIREMENTS.

    (a) Technical Amendment.--Sections 3548 and 3549 (33 U.S.C. 894e 
and 894f) are redesignated as sections 3551 and 3552, respectively.

    (b) Criminal Referral.--

Section 3547 (33 U.S.C. 894d-2) is 
amended--

    (1) by striking ``pursuant to'' and inserting ``at the 
 onset or during the course of''; and

    (2) by inserting ``and, with respect to a licensed mariner, 
 the Commandant of the Coast Guard'' after ``United States 
 Attorney''.
            (c) In General.--Subtitle C of title XXXV (33 U.S.C. 894 et seq.) 
is amended by inserting after 

section 3547 (33 U.S.C. 894d-2) the 
following:

``

SEC. 3548. EXCEPTIONS REGARDING ANONYMITY OF VICTIMS IN CERTAIN 
 CASES.

 ``

    (a) In General.--In any case in which an employee of the 
Administration, member of the commissioned officer corps of the 
Administration, or covered personnel elects restricted or unrestricted 
reporting under 

section 3541

    (b)

    (3)
        (B) or 3542

    (b)

    (5)
        (B) , disclosure to 
the following persons or organizations of the personally identifying 
information of such individual is authorized for the following reasons:
 ``

    (1) To Administration staff or law enforcement personnel, 
 if authorized by the victim in writing.
 ``

    (2) To Administration staff or law enforcement personnel 
 to prevent or lessen a serious or imminent threat to the health 
 or safety of the victim or another person.
 ``

    (3) To a victim advocate or healthcare provider, if 
 required for the provision of victim services.
 ``

    (4) To a State or Federal court, if pursuant to a court 
 order or if disclosure is required by Federal or State statute.
 ``

    (b) Notice of Disclosure; Privacy Protection.--If information 
described in subsection

    (a) is disclosed under that subsection, the 
Secretary shall--
 ``

    (1) make reasonable attempts to provide notice to the 
 individual the information of whom is so disclosed; and
 ``

    (2) take such action as is necessary to protect the 
 privacy and safety of the individual.

``

SEC. 3549. RESTRICTED REPORTING UPDATE.

 ``Not later than 3 years after the date of the enactment of the 
National Oceanic and Atmospheric Administration Sexual Harassment and 
Assault Prevention Improvements Act of 2025, the Secretary of Commerce, 
acting through the Under Secretary for Oceans and Atmosphere, shall 
update the policies developed under sections 3541 and 3542 with respect 
to the mechanism established under subsections

    (b)

    (3)
        (B) and

    (b)

    (5)
        (B) of those sections, respectively, such that each such mechanism provides 
for a restricted reporting system that allows an employee of the 
Administration, member of the commissioned officer corps of the 
Administration, or covered personnel who alleges to have been sexually 
harassed or sexually assaulted to confidentially disclose the details 
of such sexual harassment or sexual assault to specified individuals 
and receive the services outlined in this subtitle--
 ``

    (1) without the dissemination of the personally 
 identifying information of such individual, except as necessary 
 for the provision of such services and as provided by 

section 3548

    (a) ; and
 ``

    (2) without automatically triggering an investigative 
 process.

``

SEC. 3550. MARINER REPORTING.

 ``

    (a) Mandatory Reporting by Responsible Entity of a Vessel.--
 ``

    (1) Unrestricted reports.--The responsible entity of a 
 vessel shall report to the Commandant of the Coast Guard any 
 incident of sexual harassment or sexual assault in violation of 
 employer policy or law, of which the responsible entity of a 
 vessel is made aware, involving--
 ``
        (A) an employee or contractor of the 
 Administration who is required to hold a valid merchant 
 mariner credential as a condition of employment; or
 ``
        (B) a crewmember of a vessel that, at the time of 
 such incident, was operating under a contract with the 
 Administration.
 ``

    (2) Restricted reports.--Paragraph

    (1) does not apply 
 with respect to an incident of sexual harassment or sexual 
 assault reported on a restricted basis pursuant to the 
 mechanisms established for such reporting under sections 
 3541

    (b)

    (3)
        (B) and 3542

    (b)

    (5)
        (B) , respectively.
 ``

    (b) Reporting Procedures.--
 ``

    (1) In general.--
 ``
        (A) Timing of reporting.--The responsible entity 
 of a vessel shall make a report required under 
 subsection

    (a)

    (1) as soon as the responsible entity of 
 a vessel is made aware of the incident of sexual 
 harassment or sexual assault that is the subject of the 
 report.
 ``
        (B) Mode of reporting.--The responsible entity of 
 a vessel shall make a report required under subsection

    (a)

    (1) to a single entity in the Coast Guard designated 
 by the Commandant of the Coast Guard to receive such 
 reports by the fastest telecommunication channel 
 available to the responsible entity of a vessel.
 ``

    (2) Contents of report.--Each report made under this 
 section shall include, to the best of the knowledge of the 
 responsible entity of a vessel--
 ``
        (A) the name, Coast Guard merchant mariner 
 credential reference number, if applicable, official 
 position or role in relation to the vessel, and contact 
 information of each individual involved in the incident 
 of sexual harassment or sexual assault that is the 
 subject of the report;
 ``
        (B) the name and official number of the vessel;
 ``
            (C) the time and date of the incident of sexual 
 harassment or sexual assault;
 ``
            (D) the geographic position or location of the 
 vessel when the incident of sexual harassment or sexual 
 assault occurred; and
 ``
        (E) a brief description of the incident of 
 alleged sexual harassment or sexual assault being 
 reported.
 ``
            (c) Notification by Secretary.--
 ``

    (1) In general.--The Secretary of Commerce, acting 
 through the Under Secretary for Oceans and Atmosphere, shall 
 notify the Director of the Office of Marine and Aviation 
 Operations of each report of an incident of sexual harassment 
 or sexual assault received by the Secretary.
 ``

    (2) Notification contents.--Each notification under 
 paragraph

    (1) shall include, to the best of the knowledge of 
 the Secretary of Commerce, acting through the Under Secretary 
 for Oceans and Atmosphere--
 ``
        (A) with respect to an unrestricted report 
 submitted pursuant to 

section 3541

    (b)

    (3)
        (B) or 
 3542

    (b)

    (5)
        (B) , the information required under 
 subsection

    (b)

    (2) of this section; and
 ``
        (B) with respect to a restricted report submitted 
 pursuant to 

section 3541

    (b)

    (3)
        (B) or 3542

    (b)

    (5)
        (B) , the 
 information required under subsection

    (b)

    (2) of this 
 section that does not include the personally 
 identifying information of the individual that 
 submitted the restricted report.''.

SEC. 6. DEFINITIONS.

 

Section 3552, as redesignated by 

section 5

    (a) of this Act, is 
amended to read as follows:

``

SEC. 3552. DEFINITIONS.

 ``In this subtitle:
 ``

    (1) Administration.--The term `Administration' means the 
 National Oceanic and Atmospheric Administration.
 ``

    (2) Covered personnel.--
 ``
        (A) In general.--The term `covered personnel' 
 means an individual who works with or conducts business 
 on behalf of the Administration.
 ``
        (B) Inclusion.--The term `covered personnel' 
 includes--
 ``
            (i) observers, at-sea monitors, and catch 
 monitors required by the National Marine 
 Fisheries Service to operate on or in 
 commercial fishing vessels, other privately 
 owned vessels, barges, or platforms, and 
 shoreside processing facilities for--
 ``
            (I) commercial fisheries 
 observation required by the Magnuson-
 Stevens Fishery Conservation and 
 Management Act (13 U.S.C. 1801 et 
 seq.);
 ``
            (II) protected species or 
 endangered species observation required 
 by the Marine Mammal Protection Act of 
 1972 (16 U.S.C. 1361 et seq.) or the 
 Endangered Species Act of 1973 (16 
 U.S.C. 1351 et seq.); or
 ``
            (III) platform removal 
 observation; and
 ``
            (ii) voting members and executive and 
 administrative staff of each Regional Fishery 
 Management Council established by 

section 302 
 of the Magnuson-Stevens Fishery Conservation 
 and Management Act (16 U.S.C. 1852).
 ``

    (3) Responsible entity of a vessel.--The term 
 `responsible entity of a vessel' means the Director of the 
 Office of Marine and Aviation Operations, with respect to each 
 vessel owned or operated by the Administration.
 ``

    (4) Sexual assault.--The term `sexual assault' has the 
 meaning given the term in 

section 40002

    (a) of the Violence 
 Against Women Act of 1994 (42 U.S.C. 13925

    (a) ).''.

SEC. 7. CONFORMING AND CLERICAL AMENDMENTS.

    (a) Conforming Amendments.--Subtitle C of title XXXV (33 U.S.C. 894 
et seq.) is amended--

    (1) by striking ``individuals who work with or conduct 
 business on behalf of the Administration'' each place it 
 appears and inserting ``covered personnel''; and

    (2) by striking ``National Oceanic and Atmospheric'' each 
 place it appears, except--
        (A) when it appears as ``National Oceanic and 
 Atmospheric Administration Sexual Harassment and 
 Assault Prevention Improvements Act of 2025'';
        (B) in 

section 3551, in the section heading; and
            (C) in 

section 3552

    (1) .

    (b) Clerical Amendment.--Each of the tables of contents in 

section 2

    (b) and at the beginning of title XXXV are amended by striking the 
items relating to sections 3548 and 3549 and inserting the following:

``

Sec. 3548. Exceptions regarding anonymity of victims in certain 
 cases.
``

Sec. 3549. Restricted reporting update.
``

Sec. 3550. Mariner referral.
``

Sec. 3551. Annual report on sexual harassment, sexual assault, and 
 equal employment in the National Oceanic 
 and Atmospheric Administration.
``

Sec. 3552. Definitions.''.

SEC. 8. PROHIBITED ACTS.

 

Section 307

    (1)
            (L) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857

    (1)
            (L) ) is amended--

    (1) by striking ``forcibly''; and

    (2) by striking ``on a vessel''.

SEC. 9. PROHIBITION ON SERVICE IN COMMISSIONED OFFICER CORPS OF 
 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION BY 
 INDIVIDUALS CONVICTED OF CERTAIN SEXUAL OFFENSES.

 

Section 261

    (a) of the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 
3071

    (a) ) is amended--

    (1) by redesignating paragraph

    (26) as paragraph

    (27) ; and

    (2) by inserting after paragraph

    (25) the following:
 ``

    (26) Section 657, relating to prohibition on service by 
 individuals convicted of certain sexual offenses.''.
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