I 
116TH CONGRESS 
2D SESSION 
H. R. 6636 
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 
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. 
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’’. 
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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 ref-
erence 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 NA-
TIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION PERSONNEL. 
(a) COVERED PERSONNEL.—Section 3541(a) (130 
Stat. 2800) is amended— 
(1) by striking ‘‘Not later’’ and inserting the 
following: 
‘‘(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 
Administration referred to in paragraph (1) include 
the following: 
‘‘(A) Observers and at-sea monitors re-
quired by the National Marine Fisheries Service 
to be aboard commercial fishing vessels and 
other privately owned vessels, barges, or plat-
forms for— 
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‘‘(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 
administrative 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 
INCIDENTS.—Section 3541(b)(3)(B) (130 Stat. 2800) is 
amended to read as follows: 
‘‘(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’’. 
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(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 
following: 
‘‘(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 
Administration referred to in paragraph (1) include 
the individuals described in section 3541(a)(2).’’. 
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(b) MECHANISM FOR ANONYMOUS REPORTING OF 
INCIDENTS.—Section 3542(b)(5)(B) (130 Stat. 2801) is 
amended to read as follows: 
‘‘(B) incidents of sexual assault can be 
anonymously reported to the program estab-
lished 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 perma-
nent employee of the Administration trained in and 
responsible solely for matters relating to sexual as-
sault and the comprehensive policy developed under 
subsection (a).’’. 
(2) LOCATION.—Section 3542(c)(4) (130 Stat. 
2802) is amended by inserting ‘‘full-time’’ after 
‘‘stationed’’. 
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 sec-
tion 3545: 
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‘‘SEC. 3546. INVESTIGATION REQUIREMENT. 
‘‘(a) REQUIREMENT TO INVESTIGATE.— 
‘‘(1) IN
GENERAL.—The Secretary of Com-
merce, acting through the Under Secretary for 
Oceans and Atmosphere, shall ensure that each alle-
gation 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 investiga-
tion of an alleged incident of sexual harassment re-
ported under section 3541 or sexual assault reported 
under section 3542 commences not later than 48 
hours after the time at which the allegation was re-
ported. 
‘‘(b) NOTIFICATION
OF DELAY.—In any case in 
which the time between the reporting of an alleged inci-
dent of sexual harassment or sexual assault under section 
3541 or 3542, respectively, and commencement of an in-
vestigation of the allegation under this section exceeds 48 
hours, the Secretary shall notify the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Natural Resources of the House of Rep-
resentatives of the delay. 
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‘‘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, in-
cluding 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 em-
ployee, member of the commissioned officer corps, or indi-
vidual 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 orga-
nizations when disclosure would be for the following rea-
sons: 
‘‘(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 
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 pro-
vider, when required for the provision of victim serv-
ices. 
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‘‘(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 no-
tice to the employee, member, or individual whose 
personally 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 Atmos-
pheric 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 Com-
missioned Officer Corps of the Administration, and indi-
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viduals who work with or conduct business on behalf of 
the Administration who are sexually assaulted to confiden-
tially disclose the details of their assault to specified indi-
viduals and receive 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 
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 Oce-
anic and Atmospheric Administration Sexual Harassment 
and Assault Prevention Improvements Act of 2020, de-
velop 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 At-
mospheric 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 
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that is substantiated by an investigation under sec-
tion 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 Regula-
tions; and 
‘‘(2) are— 
‘‘(A) employees or contractors of the Ad-
ministration required to hold a valid merchant 
mariner credential as a condition of employ-
ment; 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 insert-
ing the following: ‘‘ANNUAL REPORT ON SEXUAL 
ASSAULTS, SEXUAL HARASSMENT, AND EQUAL 
EMPLOYMENT IN THE NATIONAL OCEANIC AND 
ATMOSPHERIC ADMINISTRATION.’’; 
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