10 U.S.C. § 1561b: Confidential reporting of…

Summary

Requires the Secretary of Defense and the head of the department that runs the Coast Guard to create rules so a service member can privately report sexual harassment to someone outside their immediate chain of command. A trained person who gets these reports must keep the report confidential, tell the member the different options for fixing the problem and how each option affects whether and how it will be investigated, explain how to file a report, say that confidentiality stops if someone's health or safety is clearly at risk, describe options if the incident also involves sexual assault (including filing a confidential report with a Sexual Assault Response Coordinator or a Sexual Assault Prevention and Response Victim Advocate, Restricted or Unrestricted Reports, and the Catch a Serial Offender Program), and tell the member about help and services available. The Secretaries must teach service members about the process and keep track of complaints. By April 30, 2023 and every two years on April 30 after that, the Secretary of Defense must send a report with data on these complaints to the Senate and House Committees on Armed Services. By April 30, 2026 and every two years on April 30 after that, the department head for the Coast Guard must send similar data to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure. None of the report data may include personally identifiable information.

Title 10, §1561b

Armed Forces, Source: USLM XML via OLRC

(a)Reporting Process.—

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)Receipt of Complaints.—

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)Education and Tracking.—

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)Reports.—

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)Reports for the Coast Guard.—

(1)In general.—

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)Personally identifiable information.—

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