National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2021
Bill: H.R.2865 | Sponsor: Rep. Bonamici, Suzanne (D-OR)
Policy area: Public Lands and Natural Resources

Summary:
National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2021
This bill addresses sexual harassment and sexual assault involving personnel of the National Oceanic and Atmospheric Administration (NOAA).
The bill specifies that NOAA's sexual harassment prevention and response policy applies to personnel such as observers, at-sea monitors, and voting members and staff of regional fishery management councils.
It also requires victim advocates at NOAA to be full-time employees whose sole job is advocacy for survivors rather than a volunteer collateral duty of an existing employee.
Additionally, the bill expands reporting requirements on sexual harassment, sexual assault, and equal opportunity employment.
The bill also provides for a restricted reporting structure that allows survivors of sexual assault to receive services without triggering an investigative process.
The Office of Marine and Aviation Operations within NOAA must develop and implement a policy to report to the Coast Guard Suspension and Revocation National Center of Expertise the names of NOAA personnel who are under investigation for an offense detrimental to good discipline and safety at sea, such as sexual harassment or sexual assault or any other offense for which suspension or revocation of a merchant mariner credential is either mandatory or sought.
Further, the bill removes the requirements that acts of assault, resistance, opposition, intimidation, sexual harassment, bribery, or interference with a fishery observer be forcible in nature and occur on a vessel to be unlawful.

To amend the National Defense Authorization Act for Fiscal Year 2017 to 
 address sexual harassment involving National Oceanic and Atmospheric 
           Administration personnel, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 Assault Prevention Improvements 
Act of 2021''.

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 (33 U.S.C. 
894 et seq.).

SEC. 3. POLICY ON THE PREVENTION OF AND RESPONSE TO SEXUAL HARASSMENT 
              INVOLVING NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
              PERSONNEL.

    (a) Covered Personnel.--Section 3541(a) (33 U.S.C. 894(a)) 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 required by the 
                National Marine Fisheries Service to be aboard 
                commercial fishing vessels and other privately owned 
                vessels, barges, or platforms for--
                            ``(i) commercial fisheries observation 
                        required by the Magnuson-Stevens Fishery 
                        Conservation and Management Act;
                            ``(ii) protected species or endangered 
                        species observation required by the Marine 
                        Mammal Protection Act of 1972 or the Endangered 
                        Species Act of 1973; or
                            ``(iii) platform removal observation.
                    ``(B) Voting members and executive and 
                administrative staff of regional fishery management 
                councils established by section 302 of the Magnuson-
                Stevens Fishery Conservation and Management Act.''.
    (b) Inclusion of Equal Employment in Quarterly Reports.--Section 
3541(f) (33 U.S.C. 894(f)) 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), respectively; and
                    (B) by inserting after subparagraph (B) the 
                following:
                    ``(C) A synopsis of each case and the disciplinary 
                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) (33 U.S.C. 894a(a)) 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).''.
    (b) Victim Advocates.--
            (1) In general.--Section 3542(c)(2) (33 U.S.C. 894a(c)(2)) 
        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 responsible solely for matters 
        relating to sexual assault and the comprehensive policy 
        developed under subsection (a).''.
            (2) Location.--Section 3542(c)(4) (33 U.S.C. 894a(c)(4)) is 
        amended by inserting ``full time'' after ``stationed''.

SEC. 5. ANNUAL REPORT ON SEXUAL ASSAULTS, SEXUAL HARASSMENT, AND EQUAL 
              EMPLOYMENT.

    Section 3548 (33 U.S.C. 894e) is amended--
            (1) 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.'';
            (2) in subsection (a), by inserting ``, sexual harassment, 
        and equal employment'' after ``sexual assaults''; and
            (3) in subsection (b)--
                    (A) 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
                    (B) by adding at the end the following:
            ``(5) 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.
            ``(6) A summary of the number of cases referred to the 
        Coast Guard under section 5 of National Oceanic and Atmospheric 
        Administration Sexual Harassment and Assault Prevention 
        Improvements Act of 2021.
            ``(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;
                    ``(B) the disposition of any investigation; and
                    ``(C) a description of the fishery management 
                region and fishery or the geographic region and type of 
                permitted operation in which the assault or harassment 
                is alleged to have occurred, as appropriate.''.

SEC. 6. INVESTIGATION AND CRIMINAL REFERRAL REQUIREMENTS.

    (a) Technical Amendment.--Sections 3548 (as amended by section 5) 
and 3549 (33 U.S.C. 894e and 894f) are redesignated as sections 3551 
and 3552, respectively.
    (b) In General.--Subtitle C of title XXXV of Public Law 114-328 (33 
U.S.C. 894 et seq.) is amended by inserting after section 3547 the 
following:

``SEC. 3548. EXCEPTIONS REGARDING ANONYMITY OF SURVIVORS 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 such person's personally 
identifying information is authorized to the following persons or 
organizations when disclosure would be for the following reasons:
            ``(1) To National Oceanic and Atmospheric Administration 
        staff or law enforcement personnel, when authorized by the 
        survivor in writing.
            ``(2) 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.
            ``(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 Protection.--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 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 Atmospheric Administration Sexual 
Harassment and Assault Prevention Improvements Act of 2021, 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 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 such person's assault to specified individuals and 
receive the services outlined in this subtitle title--
            ``(1) without the dissemination of such persons's 
        personally identifying information except as necessary for the 
        provision of such services; and
            ``(2) without automatically triggering an investigative 
        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, 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 2021, 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--
            ``(1) 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
            ``(2) are--
                    ``(A) employees or contractors of the 
                Administration required to hold a valid merchant 
                mariner 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 contract with the 
                Administration.''.

SEC. 7. CONFORMING AND CLERICAL AMENDMENTS.

    (a) Conforming Amendments.--Subtitle C of title XXXV of Public Law 
114-328 (33 U.S.C. 894 et seq.) is amended--
            (1) by striking the term ``victims'' each place it appears 
        and inserting ``survivors'';
            (2) in section 3541(b)(2)(B), by striking ``victim'' and 
        inserting ``target of sexual harassment'';
            (3) in section 3542(c)(5)(A), by striking ``victim of'' and 
        inserting ``survivor of'';
            (4) in section 3543--
                    (A) in the heading, by striking ``victim'' and 
                inserting ``survivor''; and
                    (B) by striking ``victim'' and inserting 
                ``survivor'';
            (5) in section 3544--
                    (A) in subsection (a)--
                            (i) by striking ``Victims'' and inserting 
                        ``Survivors''; and
                            (ii) in paragraph (1), by striking ``was'' 
                        each place such term appears and inserting 
                        ``is''; and
                    (B) by striking ``victim'' each place such term 
                appears and inserting ``survivor''.
    (b) Clerical Amendment.--Each of the tables of contents in section 
2(b) and at the beginning of title XXXV of Public Law 114-328 is 
amended--
            (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 3548 and 
        3549 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. 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
            (2) by striking ``on a vessel''.

SEC. 9. PROHIBITION ON SERVICE IN THE NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION COMMISSIONED OFFICER CORPS BY INDIVIDUALS 
              CONVICTED OF CERTAIN SEXUAL OFFENSES.

    Section 261(a) of the National Oceanic and Atmospheric 
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 following:
            ``(4) Section 657, relating to prohibition on service by 
        individuals convicted of certain sexual offenses.''.
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