I

103D CONGRESS

2D SESSION H. R. 4112

To amend title 10, United States Code, to provide certain procedural and

administrative safeguards for members of the Armed Forces making

allegations of sexual harassment or unlawful discrimination.

IN THE HOUSE OF REPRESENTATIVES

MARCH 23, 1994

Mr. DELLUMS (for himself, Mr. SPENCE, Mr. SKELTON, Mr. UNDERWOOD,

Mr. KYL, Mr. BILBRAY, Mr. MONTGOMERY, Mrs. SCHROEDER, Mr. LANCASTER, Mr. HOCHBRUECKNER, Mrs. LLOYD, Ms. FURSE, Mr. MCHALE,

Ms. HARMAN, Mr. MEEHAN, Mr. PETE GEREN of Texas, Mr. ANDREWS

of Maine, Mr. ABERCROMBIE, Mr. DORNAN, Mr. SISISKY, Mr. MCCLOSKEY, Mr. TEJEDA, Mr. HANSEN, Mr. PICKETT, Mr. MCCURDY, and Mr.

TORKILDSEN) introduced the following bill; which was referred to the

Committee on Armed Services

A BILL

To amend title 10, United States Code, to provide certain

procedural and administrative safeguards for members

of the Armed Forces making allegations of sexual harassment or unlawful discrimination.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. PROHIBITION OF RETALIATORY ACTIONS

2 AGAINST MEMBERS OF THE ARMED FORCES

3 MAKING ALLEGATIONS OF SEXUAL HARASS4 MENT OR UNLAWFUL DISCRIMINATION.

5 (a) IN GENERAL.—(1) Chapter 49 of title 10, United

6 States Code, is amended by adding at the end the follow7 ing new section:

8 ‘‘§ 983. Retaliatory personnel actions prohibited

9 against members alleging sexual harass10 ment or unlawful discrimination

11 ‘‘(a) PROHIBITION OF RETALIATORY PERSONNEL

12 ACTIONS.—(1) No person may take (or threaten to take)

13 an unfavorable personnel action, or withhold (or threaten

14 to withhold) a favorable personnel action, as a reprisal

15 against a member of the armed forces for making or pre16 paring a communication described in paragraph (2) to a

17 Member of Congress or an Inspector General (as defined

18 in subsection (f)) or to any other person or organization

19 pursuant to regulations or other established administra20 tive procedures for such communications. Any action pro21 hibited by the preceding sentence (including the threat to

22 take any action and the withholding or threat to withhold

23 any favorable action) shall be considered for the purposes

24 of this section to be a personnel action prohibited by this

25 subsection.
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1 ‘‘(2) A communication described in this paragraph is

2 a communication in which the member making (or prepar3 ing) the communication alleges that the member has been

4 the subject of sexual harassment or unlawful discrimina5 tion.

6 ‘‘(b) INSPECTOR GENERAL INVESTIGATION OF ALLE7 GATIONS OF PROHIBITED PERSONNEL ACTIONS.—(1) If

8 a member of the armed forces submits to an Inspector

9 General an allegation that a personnel action prohibited

10 by subsection (a) has been taken (or threatened) against

11 the member with respect to a communication described in

12 paragraph (2), the Inspector General of the Department

13 of Defense (or the Inspector General of the Department

14 of Transportation, in the case of a member of the Coast

15 Guard when the Coast Guard is not operating as a service

16 in the Navy) shall expeditiously investigate the allegation.

17 The Inspector General of the Department of Defense may

18 not delegate or assign such investigation to any office or

19 organization within a military department.

20 ‘‘(2) A communication described in this paragraph is

21 a communication to a Member of Congress or an Inspector

22 General or to any other person or organization pursuant

23 to regulations or other established administrative proce24 dures in which the member of the armed forces makes a

25 complaint or discloses information that the member rea-
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1 sonably believes constitutes evidence of sexual harassment

2 or unlawful discrimination.

3 ‘‘(3) The Inspector General is not required to make

4 an investigation under paragraph (1) in the case of an

5 allegation made more than 90 days after the date on which

6 the member becomes aware of the personnel action that

7 is subject of the allegation.

8 ‘‘(c) INSPECTOR GENERAL INVESTIGATION OF ALLE9 GATIONS OF SEXUAL HARASSMENT OR UNLAWFUL DIS10 CRIMINATION.—If the Inspector General has not already

11 done so, the Inspector General shall commence a separate

12 investigation of the information that the member submit13 ting the allegation under subsection (b) believes con14 stitutes evidence of sexual harassment or unlawful dis15 crimination.

16 ‘‘(d) REPORTS ON INVESTIGATIONS.—(1) Not later

17 than 30 days after completion of an investigation under

18 this section, the Inspector General shall submit a report

19 on the results of the investigation to the Secretary of De20 fense (or to the Secretary of Transportation in the case

21 of a member of the Coast Guard when the Coast Guard

22 is not operating as a service in the Navy) and the member

23 of the armed forces who made the allegation.

24 ‘‘(2) If, in the course of an investigation of an allega25 tion under this section, the Inspector General determines
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1 that it is not possible to submit the report required by

2 paragraph (1) within 90 days after the date of receipt of

3 the allegation being investigated, the Inspector General

4 shall provide to the Secretary of Defense (or to the Sec5 retary of Transportation in the case of a member of the

6 Coast Guard when the Coast Guard is not operating as

7 a service in the Navy) and to the member making the alle8 gation a notice—

9 ‘‘(A) of that determination (including the rea10 sons why the report may not be submitted within

11 that time); and

12 ‘‘(B) of the time when the report will be sub13 mitted.

14 ‘‘(3) The report on the results of the investigation

15 shall contain a thorough review of the facts and cir16 cumstances relevant to the allegation and the complaint

17 or disclosure and shall include documents acquired during

18 the course of the investigation, including summaries of

19 interviews conducted. The report may include a rec20 ommendation as to the disposition of the complaint.

21 ‘‘(e) REGULATIONS.—The Secretary of Defense, and

22 the Secretary of Transportation with respect to the Coast

23 Guard when it is not operating as a service in the Navy,

24 shall prescribe regulations to carry out this section.

25 ‘‘(f) DEFINITIONS.—In this section:
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1 ‘‘(1) The term ‘unlawful discrimination’ means

2 discrimination on the basis of race, color, religion,

3 sex, or national origin.

4 ‘‘(2) The term ‘Member of Congress’ includes

5 any Delegate or Resident Commissioner to Congress.

6 ‘‘(3) The term ‘Inspector General’ means—

7 ‘‘(A) an Inspector General appointed under

8 the Inspector General Act of 1978; and

9 ‘‘(B) an officer of the armed forces as10 signed or detailed under regulations of the Sec11 retary concerned to serve as an Inspector Gen12 eral at any command level in one of the armed

13 forces.’’.

14 (2) The table of sections at the beginning of such

15 chapter is amended by adding at the end the following

16 new item:

‘‘983. Retaliatory personnel actions prohibited against members alleging sexual

harassment or unlawful discrimination.’’.

17 (b) DEADLINE FOR REGULATIONS.—The Secretary

18 of Defense and the Secretary of Transportation shall pre19 scribe the regulations required by subsection (e) of section

20 983 of title 10, United States Code, as added by sub21 section (a), not later than 120 days after the date of the

22 enactment of this Act.

23 (c) EFFECTIVE DATE.—Section 983 of title 10, Unit24 ed States Code, as added by subsection (a), shall apply
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1 with respect to any personnel action taken (or threatened

2 to be taken) on or after the date of the enactment of this

3 Act as a reprisal prohibited by subsection (a) of that

4 section.

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