victim’s report at the time of the victim’s initial report or any time thereafter upon receipt of any subsequent unrestricted report under subsection (c) or a common perpetrator notice under paragraph (1) of this subsection. (h) Applicability The policies developed pursuant to this section shall apply to each of the following: (1) Any employee of the Agency. (2) Any person other than an Agency employee who alleges they were sexually assaulted or harassed at a facility associated with the Agency or during the performance of a function associated with the Agency. (i) Records (1) In general The Director shall establish a system for the tracking and, in accordance with chapter 31 of title 44, United States Code (commonly known as the Federal Records Act of 1950 ), long-term temporary retention of all Agency records related to any investigation into an allegation of sexual assault or sexual harassment made in an unrestricted report, including any related medical documentation. (2) Relation to privilege Any Agency records created under the authority of this section are subject to the privileges described in this section. Routine records management activities conducted by authorized Agency personnel with respect to such records, including maintaining, searching, or dispositioning of records, shall not result in a waiver of those privileges. (3) Applicability to FOIA This section shall constitute a withholding statute pursuant to section 552(b)(3) of title 5, United States Code, with respect to any information that may reveal the identity of a victim of sexual assault or sexual harassment, or any information subject to the privileges described in this section. (j) Relationship to the Office of Equal Employment Opportunity In the case of a restricted report of sexual harassment, such report shall not result in a referral to the Office of Equal Employment Opportunity, unless the victim elects to change the report from a restricted report to an unrestricted report. In the case of an unrestricted report, the Special Victim