Advancing Justice for Servicemembers Act

To amend title 10, United States Code, to establish a time limit for the processing of harassment complaints made by members of the Armed Forces and to clarify the procedure for judicial review of such complaints, and for other purposes. 1. Short title This Act may be cited as the Advancing Justice for Servicemembers Act 2. Time limit for processing certain administrative complaints (a) In general Chapter 80 section 1561b 1561c. Processing a harassment or military equal opportunity complaint (a) Time limit An official authorized to take final action on a complaint from a member of the armed forces of harassment or prohibited discrimination shall ensure the procedures and requirements for the complaint are completed within 180 days after the date on which any supervisor or designated office received the complaint. (b) Judicial review (1) Pursuant to section 706(1) of title 5, United States Code, a member of the armed forces may seek an order in a court of the United States directing the Secretary concerned to take final action or provide a written explanation no later than 30 days after the court enters its order, if an authorized official does not— (A) take final action on a complaint under subsection (a) within 180 days; or (B) provide the member a written explanation of the final action taken on a complaint under subsection (a). (2) Pursuant to section 706(2) of title 5, United States Code, and no later than 30 days after a member of the armed forces receives a written explanation of the final action taken on a complaint under subsection (a), the member may seek review of the action in a court of the United States. (c) Report Not later than April 1 each year, the Secretary concerned shall submit to the appropriate congressional committees a report of the total number of court orders sought under subsection (b) and orders granted by such courts. (d) Definitions In this section: (1) The term appropriate congressional committees (A) The Committee on Armed Services of the House of Representatives. (B) The Committee on Armed Services of the Senate. (C) The Committee on Transportation and Infrastructure of the House of Representatives. (D) The Committee on Commerce, Science, and Transportation of the Senate. (2) The term complaint (3) The term designated office (4) The term harassment (5) The term prohibited discrimination (6) The term member of the armed forces (7) The term supervisor . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1561b the following new item: 1561c. Processing a harassment or military equal opportunity complaint. .

Summary: Advancing Justice for Servicemembers Act This bill requires authorized officials to ensure procedures and requirements for a complaint are completed within 180 days after the complaint is received for complaints from members of the Armed Forces related to harassment or prohibited discrimination. If an authorized official does not take final action on a harassment or prohibited discrimination complaint within 180 days or provide the member a written explanation of the final action in relation to the complaint, a member of the Armed Forces may seek a court order directing the military department concerned to take final action or provide a written explanation.