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Code · STATUTE-COMPILATIONS · William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 · Sec. 532

Sec. 532. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT

780 words·~4 min read·/statute-compilations/comps-16736/sec-532

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## SEC. 532 CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT ###
(a)Confidential Reporting ####
(1)In general Chapter 80 of title 10, United States Code, is amended by inserting after section 1561a the following new section: > > ## “SEC. 1561b Confidential reporting of sexual harassment > > **[**[10 U.S.C. 1561b](/us/usc/t10/s1561b)**]** > > > ### “(a) Reporting Process > > Notwithstanding section 1561 of this title, the Secretary of Defense shall prescribe in regulations a process by which a member of an armed force under the jurisdiction of the Secretary of a military department 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 shall— > > > #### “(1) > > educate members under the jurisdiction of the Secretaries of the military 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.” > . ####
(2)Clerical amendment **[**[10 U.S.C. 1561](/us/usc/t10/s1561)**]** The table of sections at the beginning of chapter 80 of such title is amended by inserting after the item relating to section 1561b the following new item:" “1561b. Confidential reporting of sexual harassment.” ". ###
(b)Plan for Implementation The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a plan for the implementation of the process for confidential reporting of sexual harassment required by section 1561b of title 10, United States Code (as added by subsection (a)). The plan shall include the date on which the process is anticipated to be fully implemented. ###
(c)Plan for Access to Confidential Reports To Identify Serial Harassers Not later than one year after the implementation of the process for confidential reporting of sexual harassment required by section 1561b of title 10, United States Code (as so added), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a plan to allow an individual who files a confidential report of sexual harassment pursuant to the process to elect to permit a military criminal investigative organization to access certain information in the confidential report, including identifying information of the alleged perpetrator (if available), for the purpose of identifying individuals who are suspected of multiple incidents of sexual harassments, without such access affecting the confidential nature of the confidential report. The report shall specify the information to be accessible by criminal investigative organizations pursuant to the plan.
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Sec. 532
CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT
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