,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ffcf ,,in ,,the ,,house ,,of ,,representatives ,april #bh1 #bjbj,ms4 ,bonamici 7for herself1 ,mr4 ,young1 ,mr4 ,huffman1 ,miss ,gonzlez-,coln of ,puerto ,rico1 ,mr4 ,neguse1 ,mr4 ,case1 ,mrs4 ,dingell1 and ,mr4 ,cox of ,california7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag to address sexual harassment involving ,national ,oceanic and ,atmospheric ,administration personnel1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,improvements ,act of #bjbj4 #b4 ,references ,except as otherwise specifically provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a provision1 the reference shall be considered to be made to a provision of subtitle ,c of title ,,xxxv of ,public ,law #aad-cbh 7#acj ,stat4 #bhjj et seq42 #cc ,u4,s4,c4 #hid et seq474 #c4 ,policy on the prevention of and response to sexual harassment involving ,national ,oceanic and ,atmospheric ,administration personnel 7a7 ,covered personnel ,section #ceda7;a7 7#acj ,stat4 #bhjj7 is amended-- 7#a7 by striking ,not later and inserting the following3 7#a7 ,in general ,not later 2 and 7#b7 by adding at the end the following3 7#b7 ,included personnel ,the individuals who work with or conduct business on behalf of the ,administration referred to in paragraph 7#a7 include the following3 7,a7 ,observers and at-sea monitors required by the ,national ,marine ,fisheries ,service to be aboard commercial fishing vessels and other privately owned vessels1 barges1 or platforms for-- 7i7 commercial fisheries observation required by the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq472 7ii7 protected species or endangered species observation required by the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq47 or the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7iii7 platform removal observation4 7,b7 ,voting members and executive and administrative staff of regional fishery management councils established by section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb74 4 7b7 ,mechanism for anonymous reporting of incidents ,section #ceda7;b77#c77;,b7 7#acj ,stat4 #bhjj7 is amended to read as follows3 7,b7 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 #ceda7;b77#a72 and 4 7c7 ,inclusion of equal employment in quarterly reports ,section #ceda7;f7 7#acj ,stat4 #bhja7 is amended-- 7#a7 by inserting and equal employment after sexual harassment each place it appears2 and 7#b7 in paragraph 7#b7-- 7,a7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 and 7,b7 by inserting after subparagraph 7,b7 the following3 7,c7 ,a synopsis of each case and the disciplinary action taken 7if any7 in each case4 4 #d4 ,comprehensive policy on prevention of and response to sexual assaults 7a7 ,covered personnel ,section #cedb7;a7 7#acj ,stat4 #bhja7 is amended-- 7#a7 by striking ,not later and inserting the following3 7#a7 ,in general ,not ,later 2 and 7#b7 by adding at the end the following3 7#b7 ,included personnel ,the individuals who work with or conduct business on behalf of the ,administration referred to in paragraph 7#a7 include the individuals described in section #ceda7;a77#b74 4 7b7 ,mechanism for anonymous reporting of incidents ,section #cedb7;b77#e77;,b7 7#acj ,stat4 #bhja7 is amended to read as follows3 7,b7 incidents of sexual assault can be anonymously reported to the program established under section #ceda7;b77#a74 4 7c7 ,victim advocates 7#a7 ,in general ,section #cedb7;c77#b7 7#acj ,stat4 #bhjb7 is amended to read as follows3 7#b7 ,victim advocates ,for purposes of this subsection1 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 7a74 4 7#b7 ,location ,section #cedb7;c77#d7 7#acj ,stat4 #bhjb7 is amended by inserting full-time after stationed4 #e4 ,investigation and criminal referral requirements 7a7 ,redesignation ,sections #cedf and #cedg 7#acj ,stat4 #bhjd1 #bhje7 are redesignated as sections #ceea and #ceeb1 respectively4 7b7 ,in general ,inserting the following after section #cede3 #cedf4 ,investigation requirement 7a7 ,requirement ,to investigate 7#a7 ,in general ,the ,secretary of ,commerce1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 shall ensure that each allegation of sexual harassment reported under section #ceda and each allegation of sexual assault reported under section #cedb is investigated thoroughly and promptly4 7#b7 ,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 #ceda or sexual assault reported under section #cedb commences not later than #dh hours after the time at which the allegation was reported4 7b7 ,notification of delay ,in any case in which the time between the reporting of an alleged incident of sexual harassment or sexual assault under section #ceda or #cedb1 respectively1 and commencement of an investigation of the allegation under this section exceeds #dh hours1 the ,secretary shall notify the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives of the delay4 #cedg4 ,criminal referral ,if the ,secretary of ,commerce finds1 pursuant to an investigation under section #cedf1 evidence that a crime may have been committed1 the ,secretary shall refer the matter to the appropriate law enforcement authorities1 including the appropriate ,united ,states ,attorney4 #cedh4 ,exceptions regarding anonymity of survivors in certain cases 7a7 ,in general ,in any case in which an employee1 member of the commissioned officer corps1 or individual conducting business on behalf of the administration elects anonymous reporting under section #ceda7;b77#c77;,b7 or #cedb7;b77#e77;,b71 disclosure of their personally identifying information is authorized to the following persons or organizations when disclosure would be for the following reasons3 7#a7 ,to ,national ,oceanic and ,atmospheric ,administration staff or law enforcement personnel1 when authorized by the survivor in writing4 7#b7 ,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 person4 7#c7 ,to a victim advocate or healthcare provider1 when required for the provision of victim services4 7#d7 ,to a ,state or ,federal court1 when ordered by such court or if disclosure is required by ,federal or ,state statute4 7b7 ,notice of disclosure and privacy protection ,in any case in which information is disclosed under subsection 7a71 the ,secretary shall-- 7#a7 make reasonable attempts to provide notice to the employee1 member1 or individual whose personally identifying information is disclosed2 and 7#b7 take such action as is necessary to protect the privacy and safety of the employee1 member1 or individual4 #cedi4 ,restricted reporting 7a7 ,in general ,not later than #c years after the date of enactment of the ,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,improvements ,act of #bjbj1 the ,secretary of ,commerce1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 shall develop a mechanism to provide a system of restricted reporting4 7b7 ,restricted reporting defined ,in this section the term restricted reporting means a system of reporting that allows employees of the ,national ,oceanic and ,atmospheric ,administration1 members of the ,commissioned ,officer ,corps of the ,administration1 and individuals who work with or conduct business on behalf of the ,administration who are sexually assaulted to confidentially disclose the details of their assault to specified individuals and receive the services outlined in this subtitle title-- 7#a7 without the dissemination of their personally identifying information except as necessary for the provision of such services2 and 7#b7 without automatically triggering an investigative process4 #ceej4 ,mariner referral ,the ,under ,secretary of ,commerce for ,oceans and ,atmosphere1 acting through the ,director of the ,office of ,marine and ,aviation ,operations and in consultation with the ,commandant of the ,coast ,guard1 shall1 within #ahj days after the date of the enactment of the ,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,improvements ,act of #bjbj1 develop and implement a policy to report to the ,coast ,guard ,suspension and ,revocation ,national ,center of ,expertise1 the names of personnel of the ,national ,oceanic and ,atmospheric ,administration who-- 7#a7 are the subject of a claim of an act or offense detrimental to good discipline and safety at sea1 such as sexual harassment or sexual assault that is substantiated by an investigation under section #cedf1 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 #e of title #df of the ,code of ,federal ,regulations2 and 7#b7 are-- 7,a7 employees or contractors of the ,administration required to hold a valid merchant mariner credential as a condition of employment2 or 7,b7 crew of a vessel that1 at the time of such act or offence1 was operating under a contract with the ,administration4 4 #f4 ,annual report on sexual assaults1 sexual harassment1 and equal employment ,section #ceea1 as redesignated by section #e of this ,act 7#acj ,stat4 #bhjd71 is amended-- 7#a7 by striking the section heading and inserting the following3 ,annual report on sexual assaults1 sexual harassment1 and equal employment in the ,national ,oceanic and ,atmospheric ,administration42 7#b7 in subsection 7a71 by inserting 1 sexual harassment1 and equal employment after sexual assaults2 and 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#d71 by inserting 1 including a synopsis of each case and the disciplinary action taken1 if any1 in each case before the period at the end2 and 7,b7 by adding at the end the following3 7#e7 ,a summary of the number of change of station1 unit transfer1 and change of work location requests submitted to the ,under ,secretary under section #cedd7;a71 including the number of such requests that were denied4 7#f7 ,a summary of the number of cases referred to the ,coast ,guard under section #e of ,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,improvements ,act of #bjbj4 7#g7 ,the number of alleged sexual assaults and sexual harassment cases involving fisheries1 protected species1 and endangered species observers1 including-- 7,a7 a synopsis of each case and the status2 7,b7 the disposition of any investigation2 and 7,c7 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 occurred1 as appropriate4 4 #g4 ,conforming and clerical amendments 7a7 ,conforming amendments ,subtitle ,c of title ,,xxxv of ,public ,law #aad-cbh 7#acj ,stat4 #bhjj et seq42 #cc ,u4,s4,c4 #hid et seq47 is amended-- 7#a7 by striking the term victims each place it appears and inserting survivors2 7#b7 in section #ceda7;b77#b77;,b71 by striking victim and inserting target of sexual harassment2 7#c7 in section #cedb7;c77#e77;,a71 by striking victim of and inserting survivor of2 7#d7 in section #cedc-- 7,a7 in the heading1 by striking victim and inserting survivor2 and 7,b7 by striking victim and inserting survivor2 7#e7 in section #cedd-- 7,a7 in subsection 7a7-- 7i7 by striking victims and inserting survivors2 and 7ii7 in paragraph 7#a71 by striking was each place such term appears and inserting is2 and 7,b7 by striking victim each place such term appears and inserting survivor4 7b7 ,clerical amendment ,each of the tables of contents in section #a7;b7 and at the beginning of title ,,xxxv of ,public ,law #aad-cbh 7#acj ,stat4 #bjjj1 #bggc7 is amended by striking the items relating to sections #cedf and #cedg and inserting the following3 #cedf4 ,investigation requirement4 #cedg4 ,criminal referral4 #cedh4 ,exceptions regarding anonymity of survivors in certain cases4 #cedi4 ,restricted reporting4 #ceej4 ,mariner ,referral4 #ceea4 ,annual report on sexual assaults1 sexual harassment1 and equal employment in the ,national ,oceanic and ,atmospheric ,administration4 #ceeb4 ,sexual assault defined4 4 #h4 ,prohibited acts ,section #cjg7a77,l7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheg7a77,l77 is amended-- 7#a7 by striking forcibly2 and 7#b7 by striking on a vessel4 #i4 ,prohibition on service in the ,,noaa ,commissioned ,officer ,corps by individuals convicted of certain sexual offenses ,section #bfa7;a7 of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7#cc ,u4,s4,c4 #cjga7;a77 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#af7 as paragraphs 7#e7 through 7#ag71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,section #feg1 relating to prohibition on service by individuals convicted of certain sexual offenses4 4