§1562a — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must pick a part of the Office of the Secretary of Defense to record and track all allegations of retaliation tied to sexual assault or sexual harassment. The Secretary must also make sure the relevant military department leaders and the DoD Inspector General give that office the information it needs. If the Coast Guard is not serving as part of the Navy, the Secretary in charge of the Coast Guard must name the Commandant to do this for Coast Guard members. The chosen office must log and follow each allegation, including who reported it and when, what the claim says and who is accused, who is investigating, the findings, any referral for action, the final result, and other details the office or Secretary wants. "Covered allegation of retaliation": a claim that someone was punished for reporting or helping with an alleged sexual assault or sexual harassment. It can be made by the victim, a helper or service provider, a witness or bystander, or anyone connected to the victim. It applies no matter who receives or investigates the claim (inspectors general, military investigators, commanders, other forces, civilian police, or other DoD entities).

Title 10, §1562a

Armed Forces — Source: USLM XML via OLRC

(a)(1)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)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)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)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