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Code · BILL · 119th Congress · H.R. 3718 (Introduced in House) — To reauthorize and amend the Magnuson-Stevens Fishery Conservation and Management Act, and for other purposes. · Sec. 308

Sec. 308. National Oceanic and Atmospheric Administration sexual harassment and assault prevention

1,669 words·~8 min read·/bill/119/hr/3718/ih/section-308

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Section 3541(f) of the National Defense Authorization Act for Fiscal Year 2017 ( 33 U.S.C. 894(f) ) is amended— by inserting and equal employment after sexual harassment each place it appears; and in paragraph (2)— by redesignating subparagraphs
(C)and
(D)as subparagraphs
(D)and (E), respectively; and by inserting after subparagraph
(B)the following: A synopsis of each case and the disciplinary action taken, if any, in each case. . Section 3548 of the National Defense Authorization Act for Fiscal Year 2017 ( 33 U.S.C. 894e ) is amended— 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. in subsection (a), by striking the sexual assaults involving and inserting sexual assault and sexual harassment involving and the equal employment of ; and in subsection (b)— 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 by adding at the end the following: 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. A summary of the number of cases referred to the Coast Guard under this section. The number of alleged sexual assaults and sexual harassment cases involving fisheries observers, protected species observers, and endangered species observers, including— a synopsis of each case and the status of such case; the disposition of any investigation; and a description of the fishery management region and fishery or the geographic region and type of permitted operation in which the sexual assault or sexual harassment is alleged to have occurred, as appropriate. . Sections 3548 and 3549 of the National Defense Authorization Act for Fiscal Year 2017 (33 U.S.C. 894e and 894f) are redesignated as sections 3551 and 3552, respectively. Subtitle C of title XXXV of the National Defense Authorization Act for Fiscal Year 2017 ( 33 U.S.C. 894 et seq. ) is amended by inserting after section 3547 of that Act ( 33 U.S.C. 894d–2 ) the following: In any case in which an employee, 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 of the personally identifying information of such individual is authorized to the following persons or organizations when disclosure would be for the following reasons: To Administration staff or law enforcement personnel, if authorized by the survivor 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 survivor or another person. To a survivor advocate or healthcare provider, if required for the provision of survivor services. To a State or Federal court, if pursuant to a court order 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 individual whose personally identifying information is 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 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 Administration, members of the commissioned officer corps of the Administration, and covered personnel who allege that they 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 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, not later than 180 days after the date of the enactment of the National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2025 , develop and implement a policy to report to the Commandant of the Coast Guard, in accordance with section 10104 of title 46, United States Code, the names of personnel of the 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, 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 offense, was operating under a contract with the Administration. . Section 3552 of the National Defense Authorization Act for Fiscal Year 2017, as so redesignated by subsection
(c)of this section, is amended to read as follows: In this subtitle: The term Administration means the National Oceanic and Atmospheric Administration. The term covered personnel means an individual who works with or conducts business on behalf of the Administration and includes— 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— commercial fisheries observation required by the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ); 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 platform removal observation; and voting members and executive and administrative staff of each Regional Fishery Management Council established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852 ). 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) ). . Subtitle C of title XXXV of the National Defense Authorization Act for Fiscal Year 2017 ( 33 U.S.C. 894 et seq. ) is amended— by striking individuals who work with or conduct business on behalf of the Administration each place it appears and inserting covered personnel ; by striking National Oceanic and Atmospheric each place it appears, except— when it appears as ; National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2025 in section 3551 of that Act, as so redesignated by subsection
(c)of this section, in the section heading; and in section 3552(1) of that Act, as so redesignated by subsection
(c)of this section; by striking the term victims each place it appears and inserting survivors ; in section 3541(b)(2)(B) of that Act ( 33 U.S.C. 894 ), by striking victim and inserting target of sexual harassment ; in section 3542 of that Act ( 33 U.S.C. 894a )— in subsection (b)(9)— by striking Victim and inserting Survivor ; and by striking victim and inserting survivor ; and in subsection (c)— in the heading, by striking and inserting Victim ; Survivor in paragraph (2), in the heading, by striking and inserting Victim ; and Survivor by striking the term victim each place it appears and inserting survivor ; in section 3543 of that Act ( 33 U.S.C. 894b )— in the heading, by striking and inserting victim ; and survivor by striking victim and inserting survivor ; and in section 3544 of that Act ( 33 U.S.C. 894c )— in subsection (a)— by striking and inserting victims ; and survivors in paragraph (1), by striking was each place it appears and inserting is ; and by striking victim each place it appears and inserting survivor . The table of contents in section 2(b) of the National Defense Authorization Act for Fiscal Year 2017 and the table of contents preceding subtitle A of title XXXV of the National Defense Authorization Act for Fiscal Year 2017 are both amended— by striking the item relating to section 3543 of that Act and inserting the following: Sec. 3543. Rights of the survivor of a sexual assault. ; and by striking the items relating to sections 3548 and 3549 of that Act and inserting the following: 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. Definitions. . Section 307(1)(L) ( 16 U.S.C. 1857(1)(L) ) is amended— by striking forcibly ; and by striking on a vessel . Section 261(a) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3071(a) ) is amended— by redesignating paragraph
(26)as paragraph (27); and by inserting after paragraph
(25)the following: Section 657, relating to prohibition on service by individuals convicted of certain sexual offenses. . Section 10104(g) of title 46, United States Code, is amended— in paragraph (1), by striking or at the end; in paragraph (2), by striking the period at the end and inserting ; or ; and by adding at the end the following: the Director of the Office of Marine and Aviation Operations, with respect to each vessel owned or operated by the National Oceanic and Atmospheric Administration. .
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