§1561b — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense and the Secretary responsible for the Coast Guard must make rules so service members can confidentially report sexual harassment to a trained person who is not in their immediate chain of command. The person who gets the report must keep it private, tell the member about the different ways to seek help and what each choice means for investigations, explain how to file the complaint, warn that confidentiality cannot be kept if there is a clear and present risk to health or safety, explain how to make a confidential sexual assault report to a Sexual Assault Response Coordinator or a Sexual Assault Prevention and Response Victim Advocate and the options of Restricted or Unrestricted reporting and the Catch a Serial Offender Program, and tell the member about available services and help. The Secretaries must teach service members about this process and keep records of complaints. The Secretary of Defense must send a report with non‑identifying data to the Senate and House Armed Services Committees by April 30, 2023 and every two years after that covering the prior two years. The Secretary responsible for the Coast Guard must send a similar non‑identifying report to the Senate Commerce, Science, and Transportation Committee and the House Transportation and Infrastructure Committee by April 30, 2026 and every two years after that.

Title 10, §1561b

Armed Forces — Source: USLM XML via OLRC

(a)Notwithstanding section 1561 of this title, the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy shall prescribe in regulations a process by which a member of an armed force under the jurisdiction of the Secretary of a military department or the Commandant may confidentially allege a complaint of sexual harassment to an individual outside the immediate chain of command of the member.

(b)An individual designated and trained to receive complaints under the process under subsection (a) shall—

(1)maintain the confidentiality of the member alleging the complaint;

(2)explain to the member alleging the complaint the different avenues of redress available to resolve the complaint and the different consequences of each avenue on the manner in which the complaint will be investigated (if at all), including an explanation of the following:

(A)The manner in which to file a complaint concerning alleged sexual harassment with the official or office designated for receipt of such complaint through such avenue of redress.

(B)That confidentiality in connection with the complaint cannot be maintained when there is a clear and present risk to health or safety.

(C)If the alleged sexual harassment also involves an allegation of sexual assault, including sexual contact—

(i)the manner in which to file a confidential report with a Sexual Assault Response Coordinator or a Sexual Assault Prevention and Response Victim Advocate; and

(ii)options available pursuant to such reporting, including a Restricted Report or Unrestricted Report, and participation in the Catch a Serial Offender Program.

(D)The services and assistance available to the member in connection with the complaint and the alleged sexual harassment.

(c)The Secretary of Defense or the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy shall—

(1)educate members under the jurisdiction of the Secretaries of the military departments or the Commandant departments regarding the process established under this section; and

(2)track complaints alleged pursuant to the process.

(d)Not later than April 30, 2023, and April 30 every two years thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing data on the complaints of sexual harassment alleged pursuant to the process under subsection (a) during the previous two calendar years. Any data on such complaints shall not contain any personally identifiable information.

(e)(1)Not later than April 30, 2026, and April 30 every 2 years thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing data on the complaints of sexual harassment alleged pursuant to the process under subsection (a) during the previous 2 calendar years.

(2)Any data on complaints described in paragraph (1) shall not contain any personally identifiable information.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60, § 7525(1), inserted “and the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy” after “Secretary of Defense” and “or the Commandant” after “Secretary of a military department”. Subsec. (c). Pub. L. 119–60, § 7525(2)(A), inserted “or the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy” after “Secretary of Defense” in introductory provisions. Subsec. (c)(1). Pub. L. 119–60, § 7525(2)(B), inserted “departments or the Commandant” after “Secretaries of the military”. Subsec. (e). Pub. L. 119–60, § 7525(3), added subsec. (e).

§1561b Confidential reporting of sexual harassment

Summary

Title 10, §1561b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata