I 
117TH CONGRESS 
2D SESSION 
H. R. 9163 
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. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 11, 2022 
Ms. ESCOBAR (for herself and Ms. SPEIER) introduced the following bill; 
which was referred to the Committee on Armed Services 
A BILL 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Advancing Justice for 
Servicemembers Act’’. 
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SEC. 2. TIME LIMIT FOR PROCESSING CERTAIN ADMINIS-
TRATIVE COMPLAINTS. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by inserting after section 1561b 
the following new section: 
‘‘§ 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 en-
sure 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 ac-
tion or provide a written explanation no later than 
30 days after the court enters its order, if an au-
thorized official does not— 
‘‘(A) take final action on a complaint 
under subsection (a) within 180 days; or 
‘‘(B) provide the member a written expla-
nation of the final action taken on a complaint 
under subsection (a). 
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‘‘(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 ex-
planation 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 con-
gressional 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 com-
mittees’ means the following: 
‘‘(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 Representa-
tives. 
‘‘(D) 
The 
Committee 
on 
Commerce, 
Science, and Transportation of the Senate. 
‘‘(2) The term ‘complaint’ means an allegation 
or report of harassment or prohibited discrimination. 
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‘‘(3) The term ‘designated office’ means a mili-
tary equal opportunity office or an office of the in-
spector general or staff judge advocate, and any 
other departmental office authorized by the Sec-
retary concerned to receive harassment and prohib-
ited discrimination complaints. 
‘‘(4) The term ‘harassment’ means behavior 
that is unwelcome or offensive to a reasonable per-
son, whether oral, written, or physical, that creates 
an intimidating, hostile, or offensive environment. 
‘‘(5) The term ‘prohibited discrimination’ 
means unlawful discrimination, including disparate 
treatment, of an individual or group on the basis of 
race, color, national origin, religion, sex (including 
pregnancy), gender identity, or sexual orientation. 
‘‘(6) The term ‘member of the armed forces’ 
means a member of an armed force serving on active 
duty. 
‘‘(7) The term ‘supervisor’ means a member of 
the armed forces in charge or command of other 
members of the armed forces or a civilian employee 
(as defined in section 2105 of title 5, United States 
Code) authorized to direct and control service mem-
bers.’’. 
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(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.’’. 
Æ 
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