Overview
Title
To amend the National Defense Authorization Act for Fiscal Year 2017 to address sexual harassment and sexual assault involving National Oceanic and Atmospheric Administration personnel, and for other purposes.
ELI5 AI
The H. R. 2406 bill is like a new rulebook to help keep people safe at work by stopping bad behavior and making sure everyone is treated nicely, especially at a place called NOAA where they study oceans and weather. It also says people who have done really bad things should not work there.
Summary AI
The H. R. 2406 bill aims to update the National Defense Authorization Act for Fiscal Year 2017 by implementing measures to prevent and respond to sexual harassment and sexual assault involving personnel of the National Oceanic and Atmospheric Administration (NOAA). It introduces requirements for reporting incidents, provides exceptions for victim anonymity, and outlines an annual report to document cases and actions taken. Additionally, the bill prohibits individuals convicted of specific sexual offenses from serving in the NOAA Commissioned Officer Corps. The bill addresses various personnel categories, including fisheries observers and mariners, and sets procedures for criminal referrals and investigations.
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AnalysisAI
Overview of the Bill
The bill, known as the “National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2025,” aims to amend existing legislation to enhance the prevention and response mechanisms regarding sexual harassment and assault within the National Oceanic and Atmospheric Administration (NOAA). It introduces new reporting requirements, updates policies for handling such cases, and enforces prohibitions on service within the Commissioned Officer Corps for individuals convicted of certain sexual offenses. Additionally, the bill seeks to provide detailed annual reports and mandates specific procedural updates for dealing with these serious issues.
Significant Issues
Despite its important objectives, the bill presents several issues. For instance, the bill lacks a clear definition of "certain sexual offenses" in its prohibition against service in the NOAA Commissioned Officer Corps, leading to possible ambiguity in enforcement. Additionally, there are concerns about the reference to external legislation such as the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002. Inaccurate cross-referencing could compromise the bill's legal standing. Moreover, changes to the Magnuson-Stevens Fishery Conservation and Management Act—by removing terms like "forcibly" and "on a vessel"—could significantly impact the scope of prohibited acts, potentially inviting both public and legal scrutiny.
The bill also fails to specify consequences for failing to report incidents, which could undermine compliance and effectiveness of the measures introduced. Furthermore, the proposed timeline extending to three years for updating restricted reporting mechanisms appears lengthy and could delay necessary reforms. The absence of allocated funding or cost assessments for implementing the measures further complicates evaluating the bill's financial feasibility.
Impact on the Public
The bill is poised to have a broad impact on public perception and operational standards within NOAA. By aiming to establish more robust guidelines, it seeks to ensure safer and more equitable working conditions. These measures are likely to reassure the public regarding federal commitment to addressing harassment and fostering a respectful workplace culture. However, the lack of clarity in certain definitions and the absence of specified consequences might dilute public confidence in the bill’s effectiveness.
Impact on Stakeholders
Specific stakeholders, especially NOAA personnel and related entities, would be directly affected. For employees, the bill promises enhanced protective mechanisms and a supportive environment for addressing grievances. Yet, the ambiguity surrounding certain legal terms could introduce uncertainty for those seeking justice or operating under this framework. Vessel operators and related personnel might face stringent reporting obligations without clear timelines or supportive resources, thereby increasing operational challenges.
From a legislative perspective, the bill requires a careful examination to ensure legal integrity while addressing the highlighted concerns for effective implementation. If successfully refined, it could serve as a strong model for handling workplace harassment and assault in other federal entities. Overall, while the bill makes important strides toward ensuring safer working environments, addressing the outlined issues would be crucial in enhancing its efficacy and impact.
Issues
The bill lacks a clear definition of 'certain sexual offenses' which could lead to ambiguity regarding which convictions bar individuals from service in the NOAA Commissioned Officer Corps. This incompleteness might raise legal and ethical concerns (Section 9).
The reference to external legislation such as the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 requires accurate and up-to-date cross-references, which if not correctly aligned, could compromise the legal integrity of the bill (Section 3).
The section outlining prohibited acts under the Magnuson-Stevens Fishery Conservation and Management Act removes the word 'forcibly' and 'on a vessel' without clear justification, potentially altering the enforcement or applicability of the law significantly, which can lead to public and legal scrutiny (Section 8).
The amendment involving removal of specific terms and phrases lacks context or justification, raising questions about transparency and intent, which could affect public and legislative trust (Section 7).
The section discussing anonymity of victims lacks specificity, particularly in defining 'reasonable attempts' to provide notice of information disclosure and 'serious or imminent threat,' which could lead to inconsistent applications and potential misuse, raising ethical and legal concerns (Section 3548).
The bill does not include any funding allocations or potential cost assessments for the implementations detailed, making it difficult to evaluate its financial sustainability (Section 4).
There is no mention of consequences for failing to report incidents, which might lead to low compliance or accountability in mariner reporting, reducing the effectiveness of the bill's protections (Section 3550).
The proposed timeline for updating restricted reporting is set to three years, which might unnecessarily delay the implementation of important policy changes, potentially impacting the effectiveness of the measures against harassment and assault (Section 3549).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this bill states that the official short title is the “National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2025.”
2. References Read Opens in new tab
Summary AI
Whenever this Act mentions changes or removals regarding a certain rule, it refers to a section of subtitle C of title XXXV of the National Defense Authorization Act for Fiscal Year 2017, which begins at 33 U.S.C. 894.
3. Policy on prevention of and response to sexual harassment involving National Oceanic and Atmospheric Administration personnel Read Opens in new tab
Summary AI
The policy regarding sexual harassment at the National Oceanic and Atmospheric Administration is being updated to include equal employment aspects. It now requires collecting data about cases, discipline actions taken, and related information in line with the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002.
4. Annual report on sexual harassment, sexual assault, and equal employment Read Opens in new tab
Summary AI
The section amends existing law to require an annual report from the National Oceanic and Atmospheric Administration focused on cases of sexual harassment and assault, as well as equal employment issues. It specifies the types of information that should be included, such as details about case outcomes and summaries of observer-related incidents, along with request statistics for location changes related to these issues.
5. Investigation and criminal referral requirements Read Opens in new tab
Summary AI
This section of the bill outlines the requirements for investigating and reporting incidents of sexual harassment and assault related to the National Oceanic and Atmospheric Administration (NOAA). It describes the authority given to disclose victim information, the process to update reporting policies, the mandatory reporting duties of vessel operators, and the communication of such reports to relevant authorities while protecting the victim's identity when necessary.
3548. Exceptions regarding anonymity of victims in certain cases Read Opens in new tab
Summary AI
In certain cases, employees or personnel of the Administration can have their personal information disclosed, but only to authorized personnel and for specific reasons, such as preventing harm, providing victim services, or when required by law. If such information is disclosed, the Administration must try to notify the person and take necessary steps to protect their privacy and safety.
3549. Restricted reporting update Read Opens in new tab
Summary AI
The bill requires the Secretary of Commerce to update policies within three years to create a system where employees or officers of the National Oceanic and Atmospheric Administration can report sexual harassment or assault confidentially. This system ensures their personal details remain private unless absolutely necessary, and that reporting does not automatically lead to an investigation.
3550. Mariner reporting Read Opens in new tab
Summary AI
The section mandates that entities responsible for a vessel must report any incidents of sexual harassment or assault involving vessel crew members or employees with merchant mariner credentials to the Coast Guard. Reporting must be done promptly and include specific details like the time, date, and location of the incident, while restricted reports exclude personally identifying information.
6. Definitions Read Opens in new tab
Summary AI
In this section, the term "Administration" refers to the National Oceanic and Atmospheric Administration. "Covered personnel" includes people working with the Administration, like observers on commercial fishing vessels and members of regional fishery councils. The "responsible entity of a vessel" is the Director of the Office of Marine and Aviation Operations for each Administration-owned vessel, and "sexual assault" follows the definition from the Violence Against Women Act of 1994.
3552. Definitions Read Opens in new tab
Summary AI
The section defines key terms related to the National Oceanic and Atmospheric Administration (NOAA). It clarifies who is considered "covered personnel," including those working with the NOAA and specific roles like observers on commercial fishing vessels. Additionally, it defines "responsible entity of a vessel" and "sexual assault" as per existing legal definitions.
7. Conforming and clerical amendments Read Opens in new tab
Summary AI
The section makes changes to a legal text by updating the terminology regarding individuals associated with the Administration, adjusts various references to the "National Oceanic and Atmospheric," and updates the table of contents to reflect new section titles about victim anonymity, reporting changes, referrals, and an annual harassment report.
8. Prohibited acts Read Opens in new tab
Summary AI
Section 8 amends the Magnuson-Stevens Fishery Conservation and Management Act by removing the words "forcibly" and "on a vessel" from a specific part of the law, which expands the scope of prohibited actions under this act.
9. Prohibition on service in Commissioned Officer Corps of National Oceanic and Atmospheric Administration by individuals convicted of certain sexual offenses Read Opens in new tab
Summary AI
The section amends the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act to prohibit individuals who have been convicted of certain sexual offenses from serving in the NOAA Commissioned Officer Corps. It specifically adds a reference to Section 657, which outlines this prohibition.