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

Summary

Require the Secretary of Defense and the civilian head in charge of the Coast Guard when it is not part of the Navy to create a way for service members to report sexual harassment confidentially to someone outside their chain of command. The person who gets these reports must keep the member’s identity private, tell the member the different ways to handle the complaint and what each way means for any investigation, show how to file with the right office, warn that confidentiality can be broken if there is an obvious and immediate risk to health or safety, explain how to make a confidential report to a Sexual Assault Response Coordinator (SARC) or a Sexual Assault Prevention and Response (SAPR) Victim Advocate if the issue includes sexual assault, and describe options like a Restricted Report, an Unrestricted Report, the Catch a Serial Offender Program, and other support services. They must teach members about the process and keep records of complaints. The Secretary of Defense must send a report with de-identified data to the Armed Services Committees by April 30, 2023, and April 30 every two years thereafter. The Coast Guard’s department head must send a de-identified data report to the listed congressional committees by April 30, 2026, and April 30 every 2 years thereafter.

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