33 U.S.C. § 894a (NAVIGATION AND NAVIGABLE WATERS)
§ 894a. 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 December 23, 2016, 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 reported on a restricted or unrestricted basis.
(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.
(Pub. L. 114–328, div. C, title XXXV, § 3542, Dec. 23, 2016, 130 Stat. 2801; Pub. L. 116–259, title V, § 504(a)(2), Dec. 23, 2020, 134 Stat. 1180.)
heading: Editorial Notes
heading: Amendments
text: 2020—Subsec. (b)(5)(B). Pub. L. 116–259 substituted “can be reported on a restricted or unrestricted basis” for “can be confidentially reported”.