Sec. 5. Investigation and criminal referral requirements

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

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. 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.

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: To National Oceanic and Atmospheric Administration staff or law enforcement personnel, when authorized by the survivor in writing.

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. To a victim advocate or healthcare provider, when required for the provision of victim services. To a State or Federal court, when ordered by such court or if disclosure is required by Federal or State statute. In any case in which information is disclosed under subsection (a), the Secretary shall— make reasonable attempts to provide notice to the employee, member, or individual whose personally identifying information is disclosed; and take such action as is necessary to protect the privacy and safety of the employee, member, or individual.

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. 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— without the dissemination of their personally identifying information except as necessary for the provision of such services; and without automatically triggering an investigative process.

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— 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 are— employees or contractors of the Administration required to hold a valid merchant mariner credential as a condition of employment; or crew of a vessel that, at the time of such act or offence, was operating under a contract with the Administration. .

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130 Stat. 2804

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Sec. 5

Investigation and criminal referral requirements

Stat.130 Stat. 2804

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