IB 
Union Calendar No. 464 
116TH CONGRESS 
2D SESSION 
H. R. 6636 
[Report No. 116–566] 
To amend the National Defense Authorization Act for Fiscal Year 2017 
to address sexual harassment involving National Oceanic and Atmos-
pheric Administration personnel, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2020 
Ms. BONAMICI (for herself, Mr. YOUNG, Mr. HUFFMAN, Miss GONZA´LEZ- 
COLO´N 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] 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
A BILL 
To amend the National Defense Authorization Act for Fiscal 
Year 2017 to address sexual harassment involving Na-
tional Oceanic and Atmospheric Administration per-
sonnel, and for other purposes. 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives 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 As-
sault Prevention Improvements Act of 2020’’. 
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 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 ADMINISTRA-
TION PERSONNEL. 
(a) COVERED PERSONNEL.—Section 3541(a) (130 
Stat. 2800) is amended— 
(1) by striking ‘‘Not later’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Not later’’; and 
(2) by adding at the end the following: 
‘‘(2) INCLUDED
PERSONNEL.—The individuals 
who work with or conduct business on behalf of the 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
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 pri-
vately 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 
‘‘(iii) platform removal observation. 
‘‘(B) Voting members and executive and ad-
ministrative staff of regional fishery manage-
ment 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 INCI-
DENTS.—Section 3541(b)(3)(B) (130 Stat. 2800) is amend-
ed to read as follows: 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(B) incidents of sexual harassment can be 
anonymously reported to the Office of Inclusion 
and Civil Rights of the National Oceanic and 
Atmospheric Administration or to the program 
established under section 3541(b)(1); and’’. 
(c) INCLUSION OF EQUAL EMPLOYMENT IN QUAR-
TERLY REPORTS.—Section 3541(f) (130 Stat. 2801) is 
amended— 
(1) by inserting ‘‘and equal employment’’ after 
‘‘sexual harassment’’ each place it appears; and 
(2) in paragraph (2)— 
(A) by redesignating subparagraphs (C) 
and (D) as subparagraphs (D) and (E), respec-
tively; and 
(B) by inserting after subparagraph (B) the 
following: 
‘‘(C) A synopsis of each case and the dis-
ciplinary action taken (if any) in each case.’’. 
SEC. 4. COMPREHENSIVE POLICY ON PREVENTION OF AND 
RESPONSE TO SEXUAL ASSAULTS. 
(a) COVERED PERSONNEL.—Section 3542(a) (130 
Stat. 2801) is amended— 
(1) by striking ‘‘Not later’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Not later’’; and 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
(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 individuals described in section 3541(a)(2).’’. 
(b) MECHANISM FOR ANONYMOUS REPORTING OF INCI-
DENTS.—Section 3542(b)(5)(B) (130 Stat. 2801) is amend-
ed to read as follows: 
‘‘(B) incidents of sexual assault can be 
anonymously reported to the program established 
under section 3541(b)(1).’’. 
(c) VICTIM ADVOCATES.— 
(1) IN GENERAL.—Section 3542(c)(2) (130 Stat. 
2802) is amended to read as follows: 
‘‘(2) VICTIM ADVOCATES.—For purposes of this 
subsection, a victim advocate is a full-time permanent 
employee of the Administration trained in and re-
sponsible solely for matters relating to sexual assault 
and the comprehensive policy developed under sub-
section (a).’’. 
(2) LOCATION.—Section 3542(c)(4) (130 Stat. 
2802) is amended by inserting ‘‘full time’’ after ‘‘sta-
tioned’’. 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 5. INVESTIGATION AND CRIMINAL REFERRAL RE-
QUIREMENTS. 
(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 sex-
ual 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 sex-
ual harassment or sexual assault under section 3541 or 
3542, respectively, and commencement of an investigation 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
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 SUR-
VIVORS 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 in-
formation is authorized to the following persons or organi-
zations when disclosure would be for the following reasons: 
‘‘(1) To National Oceanic and Atmospheric Ad-
ministration staff or law enforcement personnel, when 
authorized by the survivor in writing. 
‘‘(2) To National Oceanic and Atmospheric Ad-
ministration staff or law enforcement personnel to 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
prevent or lessen a serious or imminent threat to the 
health or safety of the survivor or another person. 
‘‘(3) To a victim advocate or healthcare provider, 
when required for the provision of victim services. 
‘‘(4) To a State or Federal court, when ordered 
by such court or if disclosure is required by Federal 
or State statute. 
‘‘(b) NOTICE OF DISCLOSURE AND PRIVACY PROTEC-
TION.—In any case in which information is disclosed under 
subsection (a), the Secretary shall— 
‘‘(1) make reasonable attempts to provide notice 
to the employee, member, or individual whose person-
ally identifying information is disclosed; and 
‘‘(2) take such action as is necessary to protect 
the privacy and safety of the employee, member, or 
individual. 
‘‘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, act-
ing through the Under Secretary for Oceans and Atmos-
phere, shall develop a mechanism to provide a system of 
restricted reporting. 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(b) RESTRICTED REPORTING DEFINED.—In this sec-
tion the term ‘restricted reporting’ means a system of re-
porting 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 Administra-
tion who are sexually assaulted to confidentially disclose 
the details of their assault to specified individuals and re-
ceive the services outlined in this subtitle title— 
‘‘(1) without the dissemination of their person-
ally identifying information except as necessary for 
the provision of such services; and 
‘‘(2) without automatically triggering an inves-
tigative process. 
‘‘SEC. 3550. MARINER REFERRAL. 
‘‘The Under Secretary of Commerce for Oceans and At-
mosphere, acting through the Director of the Office of Ma-
rine 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 As-
sault Prevention Improvements Act of 2020, develop and 
implement a policy to report to the Coast Guard Suspen-
sion and Revocation National Center of Expertise, the 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
names of personnel of the National Oceanic and Atmos-
pheric Administration who— 
‘‘(1) are the subject of a claim of an act or of-
fense 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 
‘‘(2) are— 
‘‘(A) employees or contractors of the Admin-
istration required to hold a valid merchant mar-
iner credential as a condition of employment; or 
‘‘(B) crew of a vessel that, at the time of 
such act or offence, was operating under a con-
tract with the Administration.’’. 
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 AS-
SAULTS, SEXUAL
HARASSMENT, AND
EQUAL 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
EMPLOYMENT IN THE NATIONAL OCEANIC AND 
ATMOSPHERIC ADMINISTRATION.’’; 
(2) in subsection (a), by inserting ‘‘, sexual har-
assment, and equal employment’’ after ‘‘sexual as-
saults’’; and 
(3) in subsection (b)— 
(A) in paragraph (4), by inserting ‘‘, in-
cluding a synopsis of each case and the discipli-
nary 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 sta-
tion, unit transfer, and change of work location re-
quests 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 Oce-
anic and Atmospheric Administration Sexual Har-
assment and Assault Prevention Improvements Act of 
2020. 
‘‘(7) The number of alleged sexual assaults and 
sexual harassment cases involving fisheries, protected 
species, and endangered species observers, including— 
‘‘(A) a synopsis of each case and the status; 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
(i) by striking ‘‘VICTIMS’’ and insert-
ing ‘‘SURVIVORS’’; and 
(ii) in paragraph (1), by striking 
‘‘was’’ each place such term appears and in-
serting ‘‘is’’; and 
(B) by striking ‘‘victim’’ each place such 
term appears and inserting ‘‘survivor’’. 
(b) CLERICAL AMENDMENT.—Each of the tables of con-
tents in section 2(b) and at the beginning of title XXXV 
of Public Law 114–328 (130 Stat. 2000, 2773) is amend-
ed— 
(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 em-
ployment in the National Oceanic and Atmospheric Administra-
tion. 
‘‘Sec. 3552. Sexual assault defined.’’. 
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 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
(2) by striking ‘‘on a vessel’’. 
SEC. 9. PROHIBITION ON SERVICE IN THE NOAA COMMIS-
SIONED OFFICER CORPS BY INDIVIDUALS 
CONVICTED OF CERTAIN SEXUAL OFFENSES. 
Section 261(a) of the National Oceanic and Atmos-
pheric Administration Commissioned Officer Corps Act of 
2002 (33 U.S.C. 3071(a)) is amended— 
(1) by redesignating paragraphs (4) through (16) 
as paragraphs (5) through (17), respectively; and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) Section 657, relating to prohibition on serv-
ice by individuals convicted of certain sexual of-
fenses.’’. 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 464 
116TH CONGRESS 
2D SESSION 
H. R. 6636 
[Report No. 116–566] 
A BILL 
To amend the National Defense Authorization Act 
for Fiscal Year 2017 to address sexual harass-
ment involving National Oceanic and Atmos-
pheric Administration personnel, and for other 
purposes. 
NOVEMBER 2, 2020 
Reported with an amendment; committed to the Com-
mittee of the Whole House on the State of the Union 
and ordered to be printed 
VerDate Sep 11 2014 
20:48 Nov 02, 2020
Jkt 019200
PO 00000
Frm 00016
Fmt 6651
Sfmt 6651
E:\BILLS\H6636.RH
H6636
pamtmann on DSKBC07HB2PROD with BILLS