§ 1599j. Restricted reports of incidents of adult sexual assault

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(a)Restricted Reports.— The Secretary of Defense may provide a civilian employee of the Department of Defense an opportunity to submit to an individual described in subsection

(d)a restricted report of an alleged incident of adult sexual assault for the purpose of assisting the employee in obtaining information and access to authorized victim support services provided by the Department.

(b)Restrictions on Disclosures and Initiating Investigations.— Unless the Secretary determines that a disclosure is necessary to prevent or mitigate a serious and imminent safety threat to the employee submitting the report or to another person, a restricted report submitted pursuant to subsection

(a)shall not—

(1)be disclosed to the supervisor of the employee or any other management official; or

(2)cause the initiation of a Federal civil or criminal investigation.

(c)Duties Under Other Laws.— The receipt of a restricted report submitted under subsection

(a)shall not be construed as imputing actual or constructive knowledge of an alleged incident of sexual assault to the Department of Defense for any purpose.

(d)Individuals Authorized to Receive Restricted Reports.— An individual described in this subsection is an individual who performs victim advocate duties under a program for one or more of the following purposes (or any other program designated by the Secretary):

(1)Sexual assault prevention and response.

(2)Victim advocacy.

(3)Equal employment opportunity.

(4)Workplace violence prevention and response.

(5)Employee assistance.

(6)Family advocacy.

(e)Definitions.— In this section:

(1)Civilian employee.— The term “civilian employee” has the meaning given the term “employee” in section 2105 of title 5.

(2)Sexual assault.— The term “sexual assault” has the meaning given that term in section 920 of this title (article 120 of the Uniform Code of Military Justice), and includes penetrative offenses and sexual contact offenses.

(Added Pub. L. 117–263, div. A, title XI, § 1101(a), Dec. 23, 2022, 136 Stat. 2815.)

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