H.R. 2406 — National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2025

This section specifies that, except as otherwise provided, all amendments or repeals in this Act refer to provisions of subtitle C of title XXXV of the National Defense Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 et seq.).

This section revises quarterly congressional reports under the National Oceanic and Atmospheric Administration (NOAA) sexual harassment prevention and response policy by (1) expanding their scope to include equal employment matters wherever "sexual harassment" is referenced and (2) requiring the reports to include, as a new item, relevant data consisting of a synopsis of each case with any disciplinary action taken and data collected pursuant to the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act). (Thus, existing report elements previously designated as subparagraphs (C) and (D) are redesignated as (D) and (E).)

This section revises the annual reporting requirement on sexual assaults involving National Oceanic and Atmospheric Administration (NOAA) employees, commissioned officers, and contractors (33 U.S.C. 894e) to cover sexual harassment, sexual assault cases, and equal employment. Specifically, it (1) expands subsection (b)(1) to report the number of alleged sexual harassment and sexual assault cases; (2) requires subsection (b)(4) to include synopses of sexual harassment and equal employment cases received under section 894(f) and related disciplinary actions; (3) adds to subsection (b) summaries of (a) change-of-station, unit transfer, and work location requests under section 3544(a), including denials, (b) cases reported to the Coast Guard Commandant under section 3550, and (c) alleged sexual harassment and sexual assault cases involving fisheries, protected species, and endangered species observers—including synopses, investigation status and dispositions, and incident locations; and (4) updates subsection (c) privacy protections to cover sexual harassment and sexual assault cases.

This section redesignates sections 3548 and 3549 as sections 3551 and 3552, respectively; revises criminal referral requirements in section 3547 to occur at the onset or during the course of an investigation (from pursuant to such investigation) and to include referral to the Commandant of the Coast Guard for licensed mariners; and inserts new sections after section 3547 as follows: (1) section 3548 authorizes limited disclosures of victims' personally identifying information (e.g., to prevent imminent threats or pursuant to court order) with notice and privacy protections; (2) section 3549 directs the Under Secretary for Oceans and Atmosphere to update restricted reporting mechanisms under sections 3541 and 3542 within three years of enactment of the National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2025 to ensure confidentiality without automatic investigations; and (3) section 3550 requires the responsible entity of a vessel to report unrestricted incidents of sexual harassment or assault involving credentialed NOAA personnel or contracted vessel crewmembers to the Coast Guard Commandant as soon as aware, with specified contents and procedures, and requires the Under Secretary to notify NOAA's Director of Marine and Aviation Operations of such reports. (Thus, these changes enhance coordination between NOAA and the Coast Guard for vessel-related incidents under NOAA's sexual assault and harassment prevention policies, which apply to employees, commissioned officers, and covered vessel personnel.)

This section revises the definitions section of the subtitle to specify the following terms: (1) Administration, meaning the National Oceanic and Atmospheric Administration (NOAA); (2) covered personnel, meaning individuals who work with or conduct business on behalf of NOAA, including observers, at-sea monitors, and catch monitors required by the National Marine Fisheries Service for commercial fisheries observation (under the Magnuson-Stevens Fishery Conservation and Management Act), protected or endangered species observation (under the Marine Mammal Protection Act or Endangered Species Act), or platform removal observation, as well as voting members and executive and administrative staff of each of the eight Regional Fishery Management Councils; (3) responsible entity of a vessel, meaning the Director of the Office of Marine and Aviation Operations with respect to each vessel owned or operated by NOAA; and (4) sexual assault, having the meaning given in the Violence Against Women Act of 1994.

This section makes conforming amendments to Subtitle C of title XXXV by (1) replacing references to “individuals who work with or conduct business on behalf of the Administration” with “covered personnel”; and (2) striking “National Oceanic and Atmospheric” except as it appears in the full title of the National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2025, the section heading of section 3551, and section 3552(1). The section also updates tables of contents in section 2(b) and title XXXV to reflect revised items for sections 3548 (Exceptions regarding anonymity of victims in certain cases), 3549 (Restricted reporting update), 3550 (Mariner referral), 3551 (Annual report on sexual harassment, sexual assault, and equal employment in the National Oceanic and Atmospheric Administration), and 3552 (Definitions).

This section applies to the commissioned officer corps of the National Oceanic and Atmospheric Administration (NOAA Corps) the Armed Forces prohibition on service by individuals convicted of certain sexual offenses (i.e., 10 U.S.C. § 657). (Thus, the Secretary of Commerce may not appoint, enlist, or retain on active duty any such individual in the NOAA Corps.)