Title 33 — Navigation and Navigable WatersRelease 119-73not60

§894c Change of Station

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

Last updated Apr 5, 2026|Official source

Summary

The Secretary of Commerce, through the Under Secretary for Oceans and Atmosphere, must quickly handle requests from NOAA officers or employees who were sexual assault victims to move away from the alleged attacker. Victims who are commissioned officers must get a prompt decision and action on moving to a different station or switching units. Employees should, when possible, be allowed to change their work location to lower the risk of retaliation. The agency must approve or deny these requests within 72 hours. If a request is denied, the victim can ask for a review and the Secretary must decide within 72 hours of that request. The Secretary must also make a policy that can move the person accused instead of the victim when the accused is a NOAA officer or employee. That policy must include a way to keep the accused away from the victim and fair treatment and a chance to respond for both people. The Secretary must write rules to carry out these steps and, when possible, 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 5, 2026

Release point: 119-73not60