§ 894a. Actions to address sexual assault at National Oceanic and Atmospheric Administration

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. C title XXXV § 3542 · 130 Stat. 2000

   Enacted · 33 U.S.C. § 894a

   Pub. L. 114–328, div. C, title XXXV, § 3542, Dec. 23, 2016, 130 Stat. 2801

   Source evidence

   Code source credit
   Pub. L. 114–328, div. C, title XXXV, § 3542, Dec. 23, 2016, 130 Stat. 2801

   Enacted provision · exact public law section
   SEC. 3542. ACTIONS TO ADDRESS SEXUAL ASSAULT AT NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (a) Comprehensive Policy on Prevention of and Response to Sexual Assaults.— Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall, acting through the Under Secretary for Oceans and Atmosphere, develop a comprehensive policy on the prevention of and response to sexual assaults 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) Elements of Comprehensive Policy.— The comprehensive policy developed under subsection (a) shall, at minimum, address the following matters: (1) Prevention measures. (2) Education and training on prevention and response. (3) A list of support resources an individual may use in the occurrence of sexual assault, including— (A) options and contact information for after-hours contact; and (B) a procedure for obtaining assistance and reporting sexual assault while working in a remote scientific field camp, at sea, or in another field status. (4) Easy and ready availability of information described in paragraph (3). (5) Establishing a mechanism by which— (A) questions regarding sexual assault can be confidentially asked and confidentially answered; and (B) incidents of sexual assault can be confidentially reported. (6) Protocols for the investigation of complaints by command and law enforcement personnel. (7) Prohibiting retaliation and consequences for retaliatory actions against someone who reports a sexual assault. (8) Oversight by the Under Secretary of administrative and disciplinary actions in response to substantiated incidents of sexual assault. (9) Victim advocacy, including establishment of and the responsibilities and training requirements for victim advocates as described in subsection (c). (10) Availability of resources for victims of sexual assault within other Federal agencies and State, local, and national organizations. (c) Victim Advocacy.— (1) In general.— The Secretary, acting through the Under Secretary, shall establish victim advocates to advocate for victims of sexual assaults involving employees of the Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration. (2) Victim advocates.— For purposes of this subsection, a victim advocate is an existing permanent employee of the Administration who— (A) is trained in matters relating to sexual assault and the comprehensive policy developed under subsection (a); and (B) serves as a victim advocate voluntarily and in addition to the employee’s other duties as an employee of the Administration. (3) Primary duties.— The primary duties of a victim advocate established under paragraph (1) shall include the following: (A) Supporting victims of sexual assault and informing them of their rights and the resources available to them as victims. (B) Acting as a companion in navigating investigative, medical, mental and emotional health, and recovery processes relating to sexual assault. (C) Helping to identify resources to ensure the safety of victims of sexual assault. (4) Location.— The Secretary shall ensure that at least 1 victim advocate established under paragraph (1) is stationed— (A) in each region in which the Administration conducts operations; and (B) in each marine and aviation center of the Administration. (5) Hotline.— (A) In general.— In carrying out this subsection, the Secretary shall provide a telephone number at which a victim of a sexual assault can contact a victim advocate. (B) 24-hour access.— The Secretary shall ensure that the telephone number established under subparagraph (A) is monitored at all times. (C) Partnership.— The Secretary shall, where possible, use established hotlines for purposes of this paragraph. (6) Formal relationships with other entities.— The Secretary may enter into formal relationships with other entities to make available additional victim advocates. (d) Availability of Policy.— The Secretary shall ensure that the policy developed under subsection (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) Consultation and Assistance.— In developing the policy required by subsection (a), the Secretary may consult or receive assistance from such State, local, and national organizations and subject matter experts as the Secretary considers appropriate.

2. 2020

   National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020

   Pub. L. 116–259 title V § 504(a)(2) · 134 Stat. 1153

   Substituted · 33 U.S.C. § 894a(b)(5)(B)

   Pub. L. 116–259 substituted “can be reported on a restricted or unrestricted basis” for “can be confidentially reported”

   Source evidence

   Code amendment note
   Subsec. (b)(5)(B). Pub. L. 116–259 substituted “can be reported on a restricted or unrestricted basis” for “can be confidentially reported”.

   Enacted provision · exact public law section
   (2) in section 3542(b)(5)(B) (33 U.S.C. 894a(b)(5)(B)), by striking “can be confidentially reported” and inserting “can be reported on a restricted or unrestricted basis”.

2 of 2 references resolved to an enrolled provision