Union Calendar No. 464
116th CONGRESS 2d Session |
[Report No. 116–566]
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.
April 28, 2020
Ms. Bonamici (for herself, Mr. Young, Mr. Huffman, Miss González-Colón of Puerto Rico, Mr. Neguse, Mr. Case, Mrs. Dingell, and Mr. Cox of California) introduced the following bill; which was referred to the Committee on Natural Resources
November 2, 2020
Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 28, 2020]
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2020”.
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—
(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
“(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:
SEC. 4. Comprehensive policy on prevention of and response to sexual assaults.
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.
“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—
“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
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.
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—
(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.”.
Section 307(1)(L) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(L)) is amended—
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—
Union Calendar No. 464 | |||||
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[Report No. 116–566] | |||||
A BILL | |||||
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. | |||||
November 2, 2020 | |||||
Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |