---
kind: "section"
citation: "33 U.S.C. § 894"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "894"
heading: "Actions to address sexual harassment at National Oceanic and Atmospheric Administration"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/894"
units:
  - "Chapter 17 — National Oceanic and Atmospheric Administration"
  - "Subchapter VI — Sexual Harassment and Assault Prevention"
---

# §894. Actions to address sexual harassment at National Oceanic and Atmospheric Administration

- (a) **Required policy—** Not later than 1 year after December 23, 2016, the [Secretary](/usc/33/426h–1.md?p=2) of Commerce shall, acting through the Under [Secretary](/usc/33/426h–1.md?p=2) for Oceans and Atmosphere, develop a policy on the prevention of and response to sexual harassment 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) **Matters to be specified in policy—** The policy developed under [subsection (a)](#a) shall include—
  - (1) establishment of a program to promote awareness of the incidence of sexual harassment;
  - (2) clear procedures an individual should follow in the case of an occurrence of sexual harassment, including—
    - (A) a specification of the person or persons to whom an alleged occurrence of sexual harassment should be reported by an individual and options for confidential reporting, including—
      - (i) options and contact information for after-hours contact; and
      - (ii) a procedure for obtaining assistance and reporting sexual harassment while working in a remote scientific field camp, at sea, or in another field status; and
    - (B) a specification of any other person whom the victim should contact;
  - (3) establishment of a mechanism by which—
    - (A) questions regarding sexual harassment can be confidentially asked and confidentially answered; and
    - (B) incidents of sexual harassment can be reported on a restricted or unrestricted basis; and
  - (4) a prohibition on retaliation and consequences for retaliatory actions.
- (c) **Consultation and assistance—** In developing the policy required by [subsection (a)](#a), the [Secretary](/usc/33/426h–1.md?p=2) may consult or receive assistance from such State, local, and national organizations and subject matter experts as the [Secretary](/usc/33/426h–1.md?p=2) considers appropriate.
- (d) **Availability of policy—** The [Secretary](/usc/33/426h–1.md?p=2) shall ensure that the policy developed under [subsection (a)](#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) **Geographic distribution of equal employment opportunity personnel—** The [Secretary](/usc/33/426h–1.md?p=2) shall designate out of existing staff at least 1 employee of the Administration who is tasked with handling matters relating to equal employment opportunity or sexual harassment at each marine and aviation center of the Administration.
- (f) **Quarterly reports—**
  - (1) **In general—** Not less frequently than 4 times each year, the Director of the Civil Rights Office of the Administration shall submit to the Under [Secretary](/usc/33/426h–1.md?p=2) a report on sexual harassment in the Administration.
  - (2) **Contents—** Each report submitted under [paragraph (1)](#f-1) shall include the following:
    - (A) The number of sexual harassment cases, both actionable and non-actionable, involving individuals covered by the policy developed under [subsection (a)](#a).
    - (B) The number of open actionable sexual harassment cases and how long the cases have been open.
    - (C) Such trends or region-specific issues as the Director may have discovered with respect to sexual harassment in the Administration.
    - (D) Such recommendations as the Director may have with respect to sexual harassment in the Administration.

## Source credit

(Pub. L. 114–328, div. C, title XXXV, § 3541, Dec. 23, 2016, 130 Stat. 2800; Pub. L. 116–259, title V, § 504(a)(1), Dec. 23, 2020, 134 Stat. 1180.)

## Notes

### Editorial Notes

### Amendments

2020—Subsec. (b)(3)(B). Pub. L. 116–259 substituted “can be reported on a restricted or unrestricted basis” for “can be confidentially reported”.