,,ib ,union ,calendar ,no4 #ffb #aaith ,,congress #b;d ,session ,h4 ,r4 #bdjf ,report ,no4 #aai-gfa ,,in ,,the ,,house ,,of ,,representatives ,march #bg1 #bjbe,ms4 ,bonamici 7for herself1 ,ms4 ,salazar1 and ,mr4 ,huffman7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,august #bj1 #bjbf;,additional sponsor3 ,mr4 ,fitzpatrick ,august #bj1 #bjbf;,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to amend the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag to address sexual harassment and sexual assault 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 #bjbe4 #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 the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#cc ,u4,s4,c4 #hid et seq474 #c4 ,policy on prevention of and response to sexual harassment involving ,national ,oceanic and ,atmospheric ,administration personnel ,section #ceda7;f7 7#cc ,u4,s4,c4 #hid7;f77 is amended-- 7#a7 by inserting and equal employment after sexual harassment in 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 ,relevant data1 including-- 7i7 a synopsis of each case and the disciplinary action taken1 if any1 with respect to each such case2 and 7ii7 data collected pursuant to the ,notification and ,federal ,employee ,antidiscrimination and ,retaliation ,act of #bjjb 7#e ,u4,s4,c4 #bcja note74 4 #d4 ,annual report on sexual harassment1 sexual assault1 and equal employment ,section #cedh 7#cc ,u4,s4,c4 #hid;e7 is amended-- 7#a7 by striking the section heading and inserting the ,annual report on sexual harassment1 sexual assault1 and equal employment in ,national ,oceanic and ,atmospheric ,administration4 7#b7 in subsection 7a71 by striking the sexual assaults involving and inserting sexual harassment and sexual assault cases involving1 and the equal employment of12 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking assaults and inserting harassment and sexual assault cases2 7,b7 in paragraph 7#d71 by inserting 1 including a synopsis of each sexual harassment and equal employment case and the disciplinary action taken1 if any1 with respect to each such case before the period at the end2 and 7,c7 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 ,secretary of ,commerce1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 under subsection 7a7 of section #cedd1 including the number of such requests the ,secretary denied under that subsection4 7#f7 ,a summary of the number of cases reported to the ,commandant of the ,coast ,guard under section #ceej4 7#g7 ,the number of alleged sexual harassment and sexual assault cases involving fisheries observers1 protected species observers1 and endangered species observers1 including-- 7,a7 a synopsis of each case and the status of each such case2 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 incident of sexual harassment or sexual assault is alleged to have occurred1 as appropriate4 2 and 7#d7 in subsection 7c71 by striking assault and inserting harassment or sexual assault case4 #e4 ,investigation and criminal referral requirements 7a7 ,technical amendment ,sections #cedh and #cedi 7#cc ,u4,s4,c4 #hid;e and #hid;f7 are redesignated as sections #ceea and #ceeb1 respectively4 7b7 ,criminal referral ,section #cedg 7#cc ,u4,s4,c4 #hid;d-#b7 is amended-- 7#a7 by striking pursuant to and inserting at the onset or during the course of2 and 7#b7 by inserting and1 with respect to a licensed mariner1 the ,commandant of the ,coast ,guard after ,united ,states ,attorney4 7c7 ,in general ,subtitle ,c of title ,,xxxv 7#cc ,u4,s4,c4 #hid et seq47 is amended by inserting after section #cedg 7#cc ,u4,s4,c4 #hid;d-#b7 the following3 #cedh4 ,exceptions regarding anonymity of victims in certain cases 7a7 ,in general ,in any case in which an employee of the ,administration1 member of the commissioned officer corps of the ,administration1 or covered personnel elects restricted or unrestricted reporting under section #ceda7;b77#c77;,b7 or #cedb7;b77#e77;,b71 disclosure to the following persons or organizations of the personally identifying information of such individual is authorized for the following reasons3 7#a7 ,to ,administration staff or law enforcement personnel1 if authorized by the victim in writing4 7#b7 ,to ,administration staff or law enforcement personnel to prevent or lessen a serious or imminent threat to the health or safety of the victim or another person4 7#c7 ,to a victim advocate or healthcare provider1 if required for the provision of victim services4 7#d7 ,to a ,state or ,federal court1 if pursuant to a court order or if disclosure is required by ,federal or ,state statute4 7b7 ,notice of disclosure2 privacy protection ,if information described in subsection 7a7 is disclosed under that subsection1 the ,secretary shall-- 7#a7 make reasonable attempts to provide notice to the individual the information of whom is so disclosed2 and 7#b7 take such action as is necessary to protect the privacy and safety of the individual4 #cedi4 ,restricted reporting update ,not later than #c years after the date of the enactment of the ,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,improvements ,act of #bjbe1 the ,secretary of ,commerce1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 shall update the policies developed under sections #ceda and #cedb with respect to the mechanism established under subsections 7b77#c77;,b7 and 7b77#e77;,b7 of those sections1 respectively1 such that each such mechanism provides for a restricted reporting system that allows an employee of the ,administration1 member of the commissioned officer corps of the ,administration1 or covered personnel who alleges to 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-- 7#a7 without the dissemination of the personally identifying information of such individual1 except as necessary for the provision of such services and as provided by section #cedh7;a72 and 7#b7 without automatically triggering an investigative process4 #ceej4 ,mariner reporting 7a7 ,mandatory reporting by responsible entity of a vessel 7#a7 ,unrestricted reports ,the responsible entity of a vessel shall report to the ,commandant of the ,coast ,guard any incident of sexual harassment or sexual assault in violation of employer policy or law1 of which the responsible entity of a vessel is made aware1 involving-- 7,a7 an employee or contractor of the ,administration who is required to hold a valid merchant mariner credential as a condition of employment2 or 7,b7 a crewmember of a vessel that1 at the time of such incident1 was operating under a contract with the ,administration4 7#b7 ,restricted reports ,paragraph 7#a7 does not apply with respect to an incident of sexual harassment or sexual assault reported on a restricted basis pursuant to the mechanisms established for such reporting under sections #ceda7;b77#c77;,b7 and #cedb7;b77#e77;,b71 respectively4 7b7 ,reporting procedures 7#a7 ,in general 7,a7 ,timing of reporting ,the responsible entity of a vessel shall make a report required under subsection 7a77#a7 as soon as the responsible entity of a vessel is made aware of the incident of sexual harassment or sexual assault that is the subject of the report4 7,b7 ,mode of reporting ,the responsible entity of a vessel shall make a report required under subsection 7a77#a7 to a single entity in the ,coast ,guard designated by the ,commandant of the ,coast ,guard to receive such reports by the fastest telecommunication channel available to the responsible entity of a vessel4 7#b7 ,contents of report ,each report made under this section shall include1 to the best of the knowledge of the responsible entity of a vessel-- 7,a7 the name1 ,coast ,guard merchant mariner credential reference number1 if applicable1 official position or role in relation to the vessel1 and contact information of each individual involved in the incident of sexual harassment or sexual assault that is the subject of the report2 7,b7 the name and official number of the vessel2 7,c7 the time and date of the incident of sexual harassment or sexual assault2 7,d7 the geographic position or location of the vessel when the incident of sexual harassment or sexual assault occurred2 and 7,e7 a brief description of the incident of alleged sexual harassment or sexual assault being reported4 7c7 ,notification by ,secretary 7#a7 ,in general ,the ,secretary of ,commerce1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 shall notify the ,director of the ,office of ,marine and ,aviation ,operations of each report of an incident of sexual harassment or sexual assault received by the ,secretary4 7#b7 ,notification contents ,each notification under paragraph 7#a7 shall include1 to the best of the knowledge of the ,secretary of ,commerce1 acting through the ,under ,secretary for ,oceans and ,atmosphere-- 7,a7 with respect to an unrestricted report submitted pursuant to section #ceda7;b77#c77;,b7 or #cedb7;b77#e77;,b71 the information required under subsection 7b77#b7 of this section2 and 7,b7 with respect to a restricted report submitted pursuant to section #ceda7;b77#c77;,b7 or #cedb7;b77#e77;,b71 the information required under subsection 7b77#b7 of this section that does not include the personally identifying information of the individual that submitted the restricted report4 4 #f4 ,definitions ,section #ceeb1 as redesignated by section #e7;a7 of this ,act1 is amended to read as follows3 #ceeb4 ,definitions ,in this subtitle3 7#a7 ,administration ,the term ,administration means the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,covered personnel 7,a7 ,in general ,the term covered personnel means an individual who works with or conducts business on behalf of the ,administration4 7,b7 ,inclusion ,the term covered personnel includes-- 7i7 observers1 at-sea monitors1 and catch monitors required by the ,national ,marine ,fisheries ,service to operate on or in commercial fishing vessels1 other privately owned vessels1 barges1 or platforms1 and shoreside processing facilities for-- 7,i7 commercial fisheries observation required by the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#ac ,u4,s4,c4 #ahja et seq472 7,,ii7 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 #acea et seq472 or 7,,iii7 platform removal observation2 and 7ii7 voting members and executive and administrative staff of each ,regional ,fishery ,management ,council established by section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb74 7#c7 ,responsible entity of a vessel ,the term responsible entity of a vessel means the ,director of the ,office of ,marine and ,aviation ,operations1 with respect to each vessel owned or operated by the ,administration4 7#d7 ,sexual assault ,the term sexual assault has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe 7a774 4 #g4 ,conforming and clerical amendments 7a7 ,conforming amendments ,subtitle ,c of title ,,xxxv 7#cc ,u4,s4,c4 #hid et seq47 is amended-- 7#a7 by striking individuals who work with or conduct business on behalf of the ,administration each place it appears and inserting covered personnel2 and 7#b7 by striking ,national ,oceanic and ,atmospheric each place it appears1 except-- 7,a7 when it appears as ,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,improvements ,act of #bjbe2 7,b7 in section #ceea1 in the section heading2 and 7,c7 in section #ceeb7a74 7b7 ,clerical amendment ,each of the tables of contents in section #b7;b7 and at the beginning of title ,,xxxv are amended by striking the items relating to sections #cedh and #cedi and inserting the following3 ,sec4 #cedh4 ,exceptions regarding anonymity of victims in certain cases4,sec4 #cedi4 ,restricted reporting update4,sec4 #ceej4 ,mariner referral4,sec4 #ceea4 ,annual report on sexual harassment1 sexual assault1 and equal employment in the ,national ,oceanic and ,atmospheric ,administration4,sec4 #ceeb4 ,definitions4 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 ,commissioned ,officer ,corps of ,national ,oceanic and ,atmospheric ,administration 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 paragraph 7#bf7 as paragraph 7#bg72 and 7#b7 by inserting after paragraph 7#be7 the following3 7#bf7 ,section #feg1 relating to prohibition on service by individuals convicted of certain sexual offenses4 4 ,august #bj1 #bjbf;,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed