10 U.S.C. § 1562a: Complaints of retaliation…

Summary

The Secretary of Defense must pick an office inside the Office of the Secretary of Defense to record and track every reported claim of retaliation linked to sexual assault or sexual harassment. The Secretary must also make sure the military service secretaries and the Department of Defense Inspector General give that office the information it needs. If the Coast Guard is not part of the Navy, the leader of the department where the Coast Guard is placed must name the Commandant to do this for Coast Guard members. The chosen office must keep a record for each claim showing who reported it, the date, what happened and who is accused, which group is investigating it, the investigation findings, any referral to a decisionmaker, the final outcome, and other details the Secretary or the office thinks are needed. A “covered” claim means any allegation of retaliation made by a victim, someone helping the victim, a witness or bystander, or anyone connected to the victim, and it must be tracked no matter whether it is reported to an inspector general, military or civilian law enforcement, a commander, or any other DoD or Coast Guard office.

Title 10, §1562a

Armed Forces, Source: USLM XML via OLRC

(a)Designation of Responsible Component.—

(1)In general.—

The Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b).

(2)Coast guard.—

The Secretary of the department in which the Coast Guard is operating shall designate the Commandant of the Coast Guard to be responsible for carrying out the requirements of this section with respect to members of the Coast Guard when the Coast Guard is not operating as a service in the Navy.

(b)Tracking of Allegations.—

The head of the component designated by the Secretary and the Commandant of the Coast Guard under subsection (a) shall document and track each covered allegation of retaliation, including—

(1)that such an allegation has been reported and by whom;

(2)the date of the report;

(3)the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation;

(4)the component or other entity responsible for the investigation of or inquiry into the allegation;

(5)the entry of findings;

(6)referral of such findings to a decisionmaker for review and action, as appropriate;

(7)the outcome of final action; and

(8)any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary or with respect to the Coast Guard, the component designated by the Commandant of the Coast Guard.

(c)Covered Allegation of Retaliation Defined.—

In this section, the term “covered allegation of retaliation” means an allegation of retaliation—

(1)made by—

(A)an alleged victim of sexual assault or sexual harassment;

(B)an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment;

(C)a witness or bystander to an alleged sexual assault or sexual harassment; or

(D)any other person associated with an alleged victim of a sexual assault or sexual harassment; and

(2)without regard to whether the allegation is reported to or investigated or inquired into by—

(A)the Department of Defense Inspector General, the Inspector General of the Department of Homeland Security, or any other inspector general;

(B)a military criminal investigative organization;

(C)a commander or other person at the direction of the commander;

(D)another armed force or civilian law enforcement organization; or

(E)any other organization, officer, or employee of the Department of Defense or department in which the Coast Guard is operating when not operating as a service in the Navy for members of the Coast Guard.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60, § 7521(1), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (b). Pub. L. 119–60, § 7521(2)(A), inserted “and the Commandant of the Coast Guard” after “Secretary” in introductory provisions. Subsec. (b)(4). Pub. L. 119–60, § 7521(2)(C), struck out “Department of Defense” before “component”. Subsec. (b)(8). Pub. L. 119–60, § 7521(2)(B), inserted “or with respect to the Coast Guard, the component designated by the Commandant of the Coast Guard” before period at end. Subsec. (c)(2)(A). Pub. L. 119–60, § 7521(3)(A), inserted “, the Inspector General of the Department of Homeland Security,” before “or any other inspector general”. Subsec. (c)(2)(D). Pub. L. 119–60, § 7521(3)(B), substituted “armed force” for “military”. Subsec. (c)(2)(E). Pub. L. 119–60, § 7521(3)(C), inserted “or department in which the Coast Guard is operating when not operating as a service in the Navy for members of the Coast Guard” after “Department of Defense”.

§1562a Complaints of Retaliation by Victims of Sexual Assault or Sexual Harassment and Related Persons: Tracking by Department of Defense

Summary

Title 10, §1562a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata