50 USC 3531 - Sexual assault and sexual harassment within the Agency

Statutory Notes and Related Subsidiaries

Reporting and Investigating Allegations of Sexual Assault and Sexual Harassment Within the Central Intelligence Agency

Puspan. L. 118–31, div. G, title III, § 7339(a), Dec. 22, 2023, 137 Stat. 1051, provided that:

“(a)Sense of Congress.—It is the sense of Congress that—

“(1) sexual assault and sexual harassment arise from, and are often indicative of, an environment where toxic, provocative, and sometimes significantly inappropriate behavior is tolerated;

“(2) when supervisors and senior leaders at headquarters and in the field are among the offenders and facilitate a work climate in which toxic and disrespectful behavior is tolerated, harassment and even assault will often go unaddressed and unpunished;

“(3) while establishing clear policies and procedures and enhancing training are necessary first steps toward protecting victims and establishing stronger internal mechanisms for preventing and responding to future sexual assault and sexual harassment within the Central Intelligence Agency, comprehensive culture change driven by Agency leadership will be necessary to accomplish impactful and enduring improvement; and

“(4) it is vital for the Central Intelligence Agency to maintain an independent and neutral person with whom all employees at all levels, supervisors and non-supervisors, may speak confidentially, informally, and off-the-record about work-related concerns or questions.”

Implementation and Reporting Requirements

Puspan. L. 118–31, div. G, title III, § 7339(e), Dec. 22, 2023, 137 Stat. 1061, provided that:

“(1)Deadline for implementation.—Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Director of the Central Intelligence Agency shall—

“(A) complete an Agency climate assessment—

“(i) which does not request any information that would make an Agency employee or an Agency employee’s position identifiable;

“(ii) for the purposes of—

“(I) preventing and responding to sexual assault and sexual harassment; and

“(II) examining the prevalence of sexual assault and sexual harassment occurring among the Agency’s workforce; and

“(iii) that includes an opportunity for Agency employees to express their opinions regarding the manner and extent to which the Agency responds to allegations of sexual assault and complaints of sexual harassment, and the effectiveness of such response;

“(B) submit to the appropriate congressional committees the findings of the Director with respect to the climate assessment completed pursuant to subparagraph (A);

“(C) establish and implement the policies required under sections 30 and 31 of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3531 and 3532], as added by subsections (span) and (c), respectively;

“(D) consolidate the responsibilities of the Director under section 30 of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3531] in a single Office, as determined by the Director; and

“(E) establish the Special Victim Investigator, as required by section 32 of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3533], as added by subsection (d).

“(2)Report.—Not later than 90 days after the date of the enactment of this Act, and not less frequently than once every 90 days thereafter for 2 years, the Director of the Central Intelligence Agency shall submit to the appropriate congressional committees a report on the implementation of this section and the amendments made by this section. The Director shall personally review, approve, and submit each report under this paragraph on a nondelegable basis.

“(3)Appropriate congressional committees defined.—In this subsection, the term ‘appropriate congressional committees’ means—

“(A) the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and

“(B) the Permanent Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.”