Title 33 — Navigation and Navigable WatersRelease 119-73

§894c Change of station

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

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Commerce, through the Under Secretary for Oceans and Atmosphere, must let NOAA commissioned officers who are sexual assault victims ask for a change of station or unit transfer, and must try to accommodate NOAA employees who ask to change work location to reduce retaliation or further assault. Any such request must be approved or denied within 72 hours. If a request is denied, the victim can ask the Secretary to review that denial, and the Secretary must decide within 72 hours of the review request. The Secretary must also create a policy that can move the alleged perpetrator if the perpetrator is a NOAA officer or employee. That policy must include a way to limit the perpetrator’s access to the victim and must give fair process to both the victim and the alleged perpetrator. The Secretary must write rules to put these steps into practice and, when practical, make them match similar Defense Department rules.

Full Legal Text

Title 33, §894c

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall—

(A)in the case of a member of the commissioned officer corps of the National Oceanic and Atmospheric Administration who was a victim of a sexual assault, in order to reduce the possibility of retaliation or further sexual assault, provide for timely determination and action on an application submitted by the victim for consideration of a change of station or unit transfer of the victim; and

(B)in the case of an employee of the Administration who was a victim of a sexual assault, to the degree practicable and in order to reduce the possibility of retaliation against the employee for reporting the sexual assault, accommodate a request for a change of work location of the victim.

(2)(A)The Secretary, acting through the Under Secretary, shall ensure that an application or request submitted under paragraph (1) for a change of station, unit transfer, or change of work location is approved or denied within 72 hours of the submission of the application or request.

(B)If an application or request submitted under paragraph (1) by a victim of a sexual assault for a change of station, unit transfer, or change of work location of the victim is denied—

(i)the victim may request the Secretary to review the denial; and

(ii)the Secretary, acting through the Under Secretary, shall, not later than 72 hours after receiving such request, affirm or overturn the denial.

(b)(1)The Secretary, acting through the Under Secretary, shall develop a policy for the protection of victims of sexual assault described in subsection (a)(1) by providing the alleged perpetrator of the sexual assault with a change of station, unit transfer, or change of work location, as the case may be, if the alleged perpetrator is a member of the commissioned officer corps of the Administration or an employee of the Administration.

(2)The policy required by paragraph (1) shall include the following:

(A)A means to control access to the victim.

(B)Due process for the victim and the alleged perpetrator.

(c)(1)The Secretary shall promulgate regulations to carry out this section.

(2)When practicable, the Secretary shall make regulations promulgated under this section consistent with similar regulations promulgated by the Secretary of Defense.

Reference

Citations & Metadata

Citation

33 U.S.C. § 894c

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73