33 U.S.C. § 894c — Change of station

submitted 10 years ago by Pub. L. 114-328 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 431 words · no verdicts yet

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A covered sexual-assault victim may request a prompt station, unit, or work-location change, with a decision within 72 hours and one review of a denial. NOAA must also have a policy that can move an alleged perpetrator while protecting both sides' rights.

(a) For a commissioned NOAA officer who was a victim, the Secretary, through the Under Secretary, must promptly decide and act on a requested station change or unit transfer to reduce retaliation or another assault. For a NOAA employee who was a victim, the Secretary must, as practicable, accommodate a requested work-location change to reduce retaliation for reporting. The Secretary must approve or deny each request within 72 hours. If denied, the victim may ask for review, and the Secretary must affirm or overturn the denial within 72 hours after receiving that request. (b) The Secretary must create a policy that protects these victims by giving an alleged perpetrator who is a NOAA officer or employee a station change, unit transfer, or work-location change as appropriate. The policy must control access to the victim and provide due process for both victim and alleged perpetrator. (c) The Secretary must issue regulations. When practicable, they must be consistent with comparable Defense Secretary regulations.

the actual law source: uscode.house.gov ↗public domain

(a) Change of station, unit transfer, or change of work location of victims

(1) Timely consideration and action upon request

The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall—

(A)

in the case of a member of the commissioned officer corps of the National Oceanic and Atmospheric Administration who was a victim of a sexual assault, in order to reduce the possibility of retaliation or further sexual assault, provide for timely determination and action on an application submitted by the victim for consideration of a change of station or unit transfer of the victim; and

(B)

in the case of an employee of the Administration who was a victim of a sexual assault, to the degree practicable and in order to reduce the possibility of retaliation against the employee for reporting the sexual assault, accommodate a request for a change of work location of the victim.

(2) Procedures

(A) Period for approval and disapproval

The Secretary, acting through the Under Secretary, shall ensure that an application or request submitted under paragraph (1) for a change of station, unit transfer, or change of work location is approved or denied within 72 hours of the submission of the application or request.

(B) Review

If an application or request submitted under paragraph (1) by a victim of a sexual assault for a change of station, unit transfer, or change of work location of the victim is denied—

(i)

the victim may request the Secretary to review the denial; and

(ii)

the Secretary, acting through the Under Secretary, shall, not later than 72 hours after receiving such request, affirm or overturn the denial.

(b) Change of station, unit transfer, and change of work location of alleged perpetrators

(1) In general

The Secretary, acting through the Under Secretary, shall develop a policy for the protection of victims of sexual assault described in subsection (a)(1) by providing the alleged perpetrator of the sexual assault with a change of station, unit transfer, or change of work location, as the case may be, if the alleged perpetrator is a member of the commissioned officer corps of the Administration or an employee of the Administration.

(2) Policy requirements

The policy required by paragraph (1) shall include the following:

(A)

A means to control access to the victim.

(B)

Due process for the victim and the alleged perpetrator.

(1) In general

The Secretary shall promulgate regulations to carry out this section.

(2) Consistency

When practicable, the Secretary shall make regulations promulgated under this section consistent with similar regulations promulgated by the Secretary of Defense.

Source credit: (Pub. L. 114–328, div. C, title XXXV, § 3544, Dec. 23, 2016, 130 Stat. 2803.)

history & why it existsrecord from the source credit

2016Enacted · Pub. L. 114-328 · 130 Stat. 2803

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-328 on 2016-12-23.

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