50 USC 3532 - Reporting and investigation of allegations of sexual assault and sexual harassment

View all text of Chapter 46 [§ 3501 - § 3533]

§ 3532. Reporting and investigation of allegations of sexual assault and sexual harassment

(a) Policies relating to restricted and unrestricted reporting of sexual assault and sexual harassment

(1) In general

(2) Workforce education

(3) Relationship to the Sexual Harassment/Assault Response and Prevention OfficeTo the extent consistent with preserving a victim’s complete autonomy, the policies, regulations, training, and messaging described in this subsection shall—

(A) encourage Agency employees to make restricted or unrestricted reports of sexual assault and sexual harassment to the Sexual Harassment/Assault Response and Prevention Office;

(B) encourage Agency employees to use the Sexual Harassment/Assault Response and Prevention Office as the primary point of contact and entry point for Agency employees to make restricted or unrestricted reports of sexual assault and sexual harassment;

(C) encourage Agency employees to seek the victim advocacy services of the Sexual Harassment/Assault Response and Prevention Office after reporting an allegation of sexual assault or sexual harassment, to the extent consistent with the victim’s election; and

(D) encourage Agency employees and individuals who receive disclosures of sexual assault and sexual harassment to provide the report to, and receive guidance from, the Sexual Harassment/Assault Response and Prevention Office.

(b) Election

(1) Assistance

(2) Action requiredA person electing to make an unrestricted report containing an allegation of sexual assault or sexual harassment shall submit the report to the Sexual Harassment/Assault Response and Prevention Office. To the extent consistent with the person’s election after consultation with the Sexual Harassment/Assault Response and Prevention Office, the Sexual Harassment/Assault Response and Prevention Office may facilitate the person’s contact with any other appropriate Agency official or office, and make available to Agency employees the following:

(A) A list of physicians and mental health care providers (including from the private sector, as applicable) who have experience with the physical and mental health care needs of the Agency workforce.

(B) A list of chaplains and religious counselors who have experience with the needs of the Agency workforce, including information regarding access to the Chaplain Corps established under section 3527 of this title.

(C) Information regarding how to select and retain private attorneys who have experience with the legal needs of the Agency workforce, including detailed information on the process for the appropriate sharing of information with retained private attorneys.

(3) Rule of construction

(d) Restricted reports

(1) Process for making reports

(2) Action requiredA restricted report containing an allegation of sexual assault or sexual harassment—

(A) shall be treated by the person who receives the report in the same manner as a communication covered by the privilege set forth in this section;

(B) shall not result in a referral to law enforcement or commencement of a formal administrative investigation, unless the victim elects to change the report from a restricted report to an unrestricted report;

(C) in a case requiring an employee reassignment, relocation, or other mitigation or protective measures, shall result only in actions that are managed in a manner to limit, to the extent possible, the disclosure of any information contained in the report;

(D) shall be exempt from any Federal or, to the maximum extent permitted by the Constitution, State reporting requirements, including the requirements under section 535(b) of title 28, section 3517(b)(5) of this title, relevant provisions of Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities), or successor order, Executive Order 13462 (50 U.S.C. 3001 note; relating to President’s intelligence advisory board and intelligence oversight board), or successor order, title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), and sections 791 and 794a of title 29, except when reporting is necessary to prevent or mitigate an imminent threat of serious bodily harm.

(3) Rule of construction

(e) Privileged communications with Agency employees

(1) In general

(2) When a communication is confidential

(3) Maintenance of privilege

(4) ExceptionsThe privilege shall not apply to prevent limited disclosures necessary under the following circumstances:

(A) When the victim is deceased.

(B) When the Sexual Harassment/Assault Response and Prevention Office employee who received the communication has a reasonable belief that a victim’s mental or emotional condition makes the victim a danger to any person, including the victim.

(C) When the otherwise privileged communication clearly contemplates the future commission of a crime or breach of national security, or aiding any individual to commit or plan to commit what the victim knew or reasonable should have known to be a crime or breach of national security.

(D) When disclosure of a communication is constitutionally required.

(5) Handling of exceptions

(f) Incident reports when victim or alleged perpetrator is an Agency employee

(1) Incident reporting policyThe Director shall establish and maintain a policy under which—

(A) the head of the Sexual Harassment/Assault Response and Prevention Office is required to submit a written incident report not later than 8 days after receiving an unrestricted report containing an allegation of sexual assault or sexual harassment; and

(B) each such incident report required under subparagraph (A) shall be provided to—

(i) the Director of the Agency;

(ii) the Chief Operating Officer of the Agency;

(iii) the Special Victim Investigator; and

(iv) such other individuals as the Director determines appropriate.

(2) PurposeThe purpose of an incident report required under paragraph (1) is—

(A) to record the details about actions taken or in progress to provide the necessary care and support to the victim of the alleged incident;

(B) to document the referral of the allegations to the appropriate investigatory or law enforcement agency; and

(3) ElementsEach incident report required under paragraph (1) shall include each of the following:

(A) The time, date, and location of the alleged sexual assault or sexual harassment.

(B) An identification of the type of offense or harassment alleged.

(D) An identification of the assigned office and location of the alleged perpetrator, including information regarding whether the alleged perpetrator has been temporarily transferred or removed from an assignment or otherwise restricted, if applicable.

(E) A description of any post-incident actions taken in connection with the incident, including—

(i) referral to any services available to victims, including the date of each referral;

(ii) notification of the incident to appropriate investigatory organizations, including the organizations notified and dates of notifications; and

(iii) issuance of any personal protection orders or steps taken to separate the victim and the alleged perpetrator within their place of employment.

(F) Such other elements as the Director determines appropriate.

(g) Common perpetrator notice requirement

(1) Unrestricted reportsUpon receipt of an incident report under subsection (f)(1) containing an allegation of sexual assault or sexual harassment against an individual known to be the subject of at least one allegation of sexual assault or sexual harassment by another reporter, the Special Victim Investigator shall notify each of the following of all existing allegations against the individual:

(A) The Director of the Agency.

(B) The Chief Operating Officer of the Agency.

(D) If the individual is an Agency employee, the head of the directorate employing the individual and the first-level supervisor of the individual.

(E) If the individual is an Agency contractor, the Acquisition Group Chief and the contracting officer for the relevant contract. For industrial contractor personnel, the contracting officer shall notify the contractually identified representative for the prime contractor.

(F) The Inspector General of the Agency.

(G) Such other individuals as the Director determines appropriate.

(2) Restricted reports

(h) ApplicabilityThe policies developed pursuant to this section shall apply to each of the following:

(1) Any employee of the Agency.

(2) Any person other than an Agency employee who alleges they were sexually assaulted or harassed at a facility associated with the Agency or during the performance of a function associated with the Agency.

(i) Records

(1) In general

(2) Relation to privilege

(3) Applicability to FOIA

(j) Relationship to the Office of Equal Employment Opportunity

(k) DefinitionsIn this section:

(1) ReportThe term “report” means a communication—

(A) by a victim;

(B) that describes information relating to an allegation of sexual assault or sexual harassment;

(D) that the victim intends to result in formal documentation of an unrestricted or restricted report.

(2) Victim

(June 20, 1949, ch. 227, § 31, as added Pub. L. 118–31, div. G, title III, § 7339(c), Dec. 22, 2023, 137 Stat. 1054.)