Sec. 5. Investigation and criminal referral requirements
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Sections 3548 and 3549 (33 U.S.C. 894e and 894f) are redesignated as sections 3551 and 3552, respectively. Section 3547 ( 33 U.S.C. 894d–2 ) is amended— by striking pursuant to and inserting at the onset or during the course of ; and by inserting and, with respect to a licensed mariner, the Commandant of the Coast Guard after United States Attorney . 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:
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: To Administration staff or law enforcement personnel, if authorized by the victim in writing. 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.
To a victim advocate or healthcare provider, if required for the provision of victim services. To a State or Federal court, if pursuant to a court order or if disclosure is required by Federal or State statute. If information described in subsection
(a)is disclosed under that subsection, the Secretary shall— make reasonable attempts to provide notice to the individual the information of whom is so disclosed; and take such action as is necessary to protect the privacy and safety of the individual. 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— 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 without automatically triggering an investigative process. 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— an employee or contractor of the Administration who is required to hold a valid merchant mariner credential as a condition of employment; or a crewmember of a vessel that, at the time of such incident, was operating under a contract with the Administration. 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. 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. 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. Each report made under this section shall include, to the best of the knowledge of the responsible entity of a vessel— 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; the name and official number of the vessel; the time and date of the incident of sexual harassment or sexual assault; the geographic position or location of the vessel when the incident of sexual harassment or sexual assault occurred; and a brief description of the incident of alleged sexual harassment or sexual assault being reported. 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. 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— 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 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. .
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- 33 USC 894d–2
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