50 U.S.C. § 3533: Special Victim Investigator

Summary

The Director must create a Special Victim Investigator position inside the Office of Security. The person must be a credentialed federal law enforcement officer and can be detailed from another federal law agency. They cannot be a current Central Intelligence Agency employee at the time of appointment. The Investigator can, if the victim wants, run separate internal inquiries into sexual harassment and must investigate sexual assault allegations. They may testify in criminal cases and act as the lead case agent when appropriate. They must work with other law enforcement (for example, the FBI or Diplomatic Security), make rules to protect sensitive information, and share needed materials with the Sexual Harassment/Assault Response and Prevention Office with redactions as necessary. For cases involving Office of Security employees, the Investigator must coordinate with the Inspector General or outside criminal investigators to avoid conflicts. Investigations from unrestricted reports must be finished within 60 days of referral. If more time is needed, the Investigator must ask the Director for an extension within 60 days, give a progress summary, explain why more time is needed, show a plan to finish, and tell both the reporter and the accused about the extension.

Title 50, §3533

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(a)Establishment

The Director shall establish in the Office of Security a Special Victim Investigator, who shall be authorized to investigate or facilitate the investigation of unrestricted reports containing allegations of sexual assault and sexual harassment. The person appointed as the Special Victim Investigator shall be an appropriately credentialed Federal law enforcement officer and may be detailed or assigned from a Federal law enforcement entity. No individual appointed as the Special Victim Investigator may, at the time of such appointment, be a current employee of the Central Intelligence Agency.

(b)Responsibilities

The Investigator shall—

(1)at the election of a victim (as defined in section 3532(k) of this title), be authorized to conduct internal Agency inquiries, investigations, and other fact-finding activities related to allegations of sexual harassment, which may be separate and in addition to any inquiry or investigation conducted by the Office of Equal Employment Opportunity;

(2)conduct and manage internal Agency inquiries, investigations, and other fact-finding activities related to specific allegations of sexual assault;

(3)testify in a criminal prosecution in any venue, where appropriate;

(4)serve as the case agent for a criminal investigation in any venue, where appropriate;

(5)facilitate engagement with other law enforcement relating to such allegations, where appropriate, including coordinating on the matter and any related matters with other Federal, State, local, and Tribal law enforcement agencies, as necessary and appropriate, pursuant to regulations, requirements, and procedures developed in consultation with the Federal Bureau of Investigation, the Department of State’s Diplomatic Security Service, or other Federal, State, local, or Tribal law enforcement authorities, for any such inquiries, investigations, or other fact-finding activities;

(6)develop and implement policies and procedures necessary for the Special Victim Investigator or any law enforcement partner to conduct effective investigations and also protect sensitive information;

(7)serve as the primary internal investigative body in the Agency for allegations of sexual assault, except that, in the case of an allegation of a sexual assault involving an employee of the Office of Security, the Special Victim Investigator shall coordinate with the Inspector General or appropriate criminal investigators employed by a Federal, State, local, or Tribal law enforcement entity, as necessary, to maintain the integrity of the investigation and mitigate potential conflicts of interest;

(8)establish and coordinate clear policies regarding which agency should take the lead on conducting, or be the lead in coordinating with local law enforcement when applicable, investigations of sexual assault and sexual harassment overseas; and

(9)sharing information with the Sexual Harassment/Assault Response and Prevention Office, including providing a copy of materials related to investigations with such redactions as deemed necessary, to facilitate the support and advocacy of such Office for victims of alleged sexual assault or sexual harassment.

(c)Timeframe for investigations

The Special Victim Investigator shall—

(1)ensure that any Special Victim Investigator investigation into an allegation of a sexual assault or sexual harassment contained in an unrestricted report submitted under section 3532 of this title is completed by not later than 60 days after the date on which the report is referred to the Special Victim Investigator; and

(2)if the Special Victim Investigator determines that the completion of an investigation will take longer than 60 days—

(A)not later than 60 days after the date on which the report is referred to the Special Victim Investigator, submit to the Director a request for an extension that contains a summary of the progress of the investigation, the reasons why the completion of the investigation requires additional time, and a plan for the completion of the investigation; and

(B)provide to the person who made the report and the person against whom the allegation in the report was made notice of the extension of the investigation.

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–159 inserted at end “No individual appointed as the Special Victim Investigator may, at the time of such appointment, be a current employee of the Central Intelligence Agency.”

§3533 Special Victim Investigator

Summary

Title 50, §3533

Notes & Related Subsidiaries

Editorial Notes

Amendments

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