Title 33Navigation and Navigable WatersRelease 119-73

§894a Actions to address sexual assault at National Oceanic and Atmospheric Administration

Title 33 › Chapter CHAPTER 17— - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION › Subchapter SUBCHAPTER VI— - SEXUAL HARASSMENT AND ASSAULT PREVENTION › § 894a

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Commerce must, through the Under Secretary for Oceans and Atmosphere, create a full policy on preventing and responding to sexual assaults that involve NOAA employees, members of the NOAA commissioned officer corps, or people who work with or for NOAA. The policy had to be finished not later than 1 year after December 23, 2016. It must cover prevention, training, a list of support resources (including after‑hours contacts and ways to get help or report incidents when working at sea, in remote camps, or in the field), how to make that information easy to find, confidential question-and-answer options, ways to report incidents either privately or openly, investigation steps for command and law enforcement, protections and penalties against retaliation, oversight of discipline by the Under Secretary, victim advocacy, and links to other federal, state, local, and national resources. The Secretary must set up victim advocates who are current NOAA employees, trained on the policy, and who serve voluntarily in addition to their regular jobs. Their main jobs are to support victims, explain rights and resources, accompany victims through investigations and medical or mental health care, and help with safety planning. There must be at least 1 victim advocate in each NOAA region and in each marine and aviation center. NOAA must provide a phone number to reach an advocate that is monitored at all times, use existing hotlines when possible, and may partner with other groups to add more advocates. The policy must be made available to all NOAA employees (including field staff) and to the public, and the Secretary may consult outside experts and organizations when making it.

Full Legal Text

Title 33, §894a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Not later than 1 year after December 23, 2016, the Secretary of Commerce shall, acting through the Under Secretary for Oceans and Atmosphere, develop a comprehensive policy on the prevention of and response to sexual assaults involving 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.
(b)The comprehensive policy developed under subsection (a) shall, at minimum, address the following matters:
(1)Prevention measures.
(2)Education and training on prevention and response.
(3)A list of support resources an individual may use in the occurrence of sexual assault, including—
(A)options and contact information for after-hours contact; and
(B)a procedure for obtaining assistance and reporting sexual assault while working in a remote scientific field camp, at sea, or in another field status.
(4)Easy and ready availability of information described in paragraph (3).
(5)Establishing a mechanism by which—
(A)questions regarding sexual assault can be confidentially asked and confidentially answered; and
(B)incidents of sexual assault can be reported on a restricted or unrestricted basis.
(6)Protocols for the investigation of complaints by command and law enforcement personnel.
(7)Prohibiting retaliation and consequences for retaliatory actions against someone who reports a sexual assault.
(8)Oversight by the Under Secretary of administrative and disciplinary actions in response to substantiated incidents of sexual assault.
(9)Victim advocacy, including establishment of and the responsibilities and training requirements for victim advocates as described in subsection (c).
(10)Availability of resources for victims of sexual assault within other Federal agencies and State, local, and national organizations.
(c)(1)The Secretary, acting through the Under Secretary, shall establish victim advocates to advocate for victims of sexual assaults involving employees of the Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.
(2)For purposes of this subsection, a victim advocate is an existing permanent employee of the Administration who—
(A)is trained in matters relating to sexual assault and the comprehensive policy developed under subsection (a); and
(B)serves as a victim advocate voluntarily and in addition to the employee’s other duties as an employee of the Administration.
(3)The primary duties of a victim advocate established under paragraph (1) shall include the following:
(A)Supporting victims of sexual assault and informing them of their rights and the resources available to them as victims.
(B)Acting as a companion in navigating investigative, medical, mental and emotional health, and recovery processes relating to sexual assault.
(C)Helping to identify resources to ensure the safety of victims of sexual assault.
(4)The Secretary shall ensure that at least 1 victim advocate established under paragraph (1) is stationed—
(A)in each region in which the Administration conducts operations; and
(B)in each marine and aviation center of the Administration.
(5)(A)In carrying out this subsection, the Secretary shall provide a telephone number at which a victim of a sexual assault can contact a victim advocate.
(B)The Secretary shall ensure that the telephone number established under subparagraph (A) is monitored at all times.
(C)The Secretary shall, where possible, use established hotlines for purposes of this paragraph.
(6)The Secretary may enter into formal relationships with other entities to make available additional victim advocates.
(d)The Secretary shall ensure that the policy developed under subsection (a) is available to—
(1)all employees of the Administration and members of the commissioned officer corps of the Administration, including those employees and members who conduct field work for the Administration; and
(2)the public.
(e)In developing the policy required by subsection (a), the Secretary may consult or receive assistance from such State, local, and national organizations and subject matter experts as the Secretary considers appropriate.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Subsec. (b)(5)(B). Pub. L. 116–259 substituted “can be reported on a restricted or unrestricted basis” for “can be confidentially reported”.

Reference

Citations & Metadata

Citation

33 U.S.C. § 894a

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73