Sec. 324. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure
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The term workplace sexual misconduct — means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when— submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment; and includes sexual harassment and sexual assault.
Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall— establish a standard workplace sexual misconduct complaint investigation procedure; implement the standard workplace sexual misconduct complaint investigation procedure through clear workforce communication and education on the procedure; and submit the standard workplace sexual misconduct complaint investigation procedure to the congressional intelligence committees.
The procedure established pursuant to subsection (b)(1) shall, at a minimum— identify the individuals and offices of the Central Intelligence Agency to which an employee of the Agency may bring a complaint of workplace sexual misconduct; detail the steps each individual or office identified pursuant to paragraph
(1)shall take upon receipt of a complaint of workplace sexual misconduct and the timeframes within which those steps shall be taken, including— documentation of the complaint; referral or notification to another individual or office; measures to document or preserve witness statements or other evidence; and preliminary investigation of the complaint; set forth standard criteria for determining whether a complaint of workplace sexual misconduct will be referred to law enforcement and the timeframe within which such a referral shall occur; and for any complaint not referred to law enforcement, set forth standard criteria for determining— whether a complaint has been substantiated; and for any substantiated complaint, the appropriate disciplinary action. On or before April 30 of each year, the Director shall submit to the congressional intelligence committees an annual report that includes, for the preceding calendar year, the following: The number of workplace sexual misconduct complaints brought to each individual or office of the Central Intelligence Agency identified pursuant to subsection (c)(1), disaggregated by— complaints referred to law enforcement; and complaints substantiated. For each complaint described in paragraph
(1)that is substantiated, a description of the disciplinary action taken by the Director.