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. LAN-
CASTER, 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. MCCLOS-
KEY, 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 harass-
ment or unlawful discrimination.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROHIBITION OF RETALIATORY ACTIONS
AGAINST MEMBERS OF THE ARMED FORCES
MAKING ALLEGATIONS OF SEXUAL HARASS-
MENT OR UNLAWFUL DISCRIMINATION.
(a) IN GENERAL.—(1) Chapter 49 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 983. 
Retaliatory 
personnel 
actions 
prohibited
against members alleging sexual harass-
ment or unlawful discrimination
‘‘(a) PROHIBITION
OF RETALIATORY PERSONNEL
ACTIONS.—(1) No person may take (or threaten to take)
an unfavorable personnel action, or withhold (or threaten
to withhold) a favorable personnel action, as a reprisal
against a member of the armed forces for making or pre-
paring a communication described in paragraph (2) to a
Member of Congress or an Inspector General (as defined
in subsection (f)) or to any other person or organization
pursuant to regulations or other established administra-
tive procedures for such communications. Any action pro-
hibited by the preceding sentence (including the threat to
take any action and the withholding or threat to withhold
any favorable action) shall be considered for the purposes
of this section to be a personnel action prohibited by this
subsection.
‘‘(2) A communication described in this paragraph is
a communication in which the member making (or prepar-
ing) the communication alleges that the member has been
the subject of sexual harassment or unlawful discrimina-
tion.
‘‘(b) INSPECTOR GENERAL INVESTIGATION OF ALLE-
GATIONS OF PROHIBITED PERSONNEL ACTIONS.—(1) If
a member of the armed forces submits to an Inspector
General an allegation that a personnel action prohibited
by subsection (a) has been taken (or threatened) against
the member with respect to a communication described in
paragraph (2), the Inspector General of the Department
of Defense (or the Inspector General of the Department
of Transportation, in the case of a member of the Coast
Guard when the Coast Guard is not operating as a service
in the Navy) shall expeditiously investigate the allegation.
The Inspector General of the Department of Defense may
not delegate or assign such investigation to any office or
organization within a military department.
‘‘(2) A communication described in this paragraph is
a communication to a Member of Congress or an Inspector
General or to any other person or organization pursuant
to regulations or other established administrative proce-
dures in which the member of the armed forces makes a
complaint or discloses information that the member rea-
sonably believes constitutes evidence of sexual harassment
or unlawful discrimination.
‘‘(3) The Inspector General is not required to make
an investigation under paragraph (1) in the case of an
allegation made more than 90 days after the date on which
the member becomes aware of the personnel action that
is subject of the allegation.
‘‘(c) INSPECTOR GENERAL INVESTIGATION OF ALLE-
GATIONS OF SEXUAL HARASSMENT OR UNLAWFUL DIS-
CRIMINATION.—If the Inspector General has not already
done so, the Inspector General shall commence a separate
investigation of the information that the member submit-
ting the allegation under subsection (b) believes con-
stitutes evidence of sexual harassment or unlawful dis-
crimination.
‘‘(d) REPORTS ON INVESTIGATIONS.—(1) Not later
than 30 days after completion of an investigation under
this section, the Inspector General shall submit a report
on the results of the investigation to the Secretary of De-
fense (or to the Secretary of Transportation in the case
of a member of the Coast Guard when the Coast Guard
is not operating as a service in the Navy) and the member
of the armed forces who made the allegation.
‘‘(2) If, in the course of an investigation of an allega-
tion under this section, the Inspector General determines
that it is not possible to submit the report required by
paragraph (1) within 90 days after the date of receipt of
the allegation being investigated, the Inspector General
shall provide to the Secretary of Defense (or to the Sec-
retary of Transportation in the case of a member of the
Coast Guard when the Coast Guard is not operating as
a service in the Navy) and to the member making the alle-
gation a notice—
‘‘(A) of that determination (including the rea-
sons why the report may not be submitted within
that time); and
‘‘(B) of the time when the report will be sub-
mitted.
‘‘(3) The report on the results of the investigation
shall contain a thorough review of the facts and cir-
cumstances relevant to the allegation and the complaint
or disclosure and shall include documents acquired during
the course of the investigation, including summaries of
interviews conducted. The report may include a rec-
ommendation as to the disposition of the complaint.
‘‘(e) REGULATIONS.—The Secretary of Defense, and
the Secretary of Transportation with respect to the Coast
Guard when it is not operating as a service in the Navy,
shall prescribe regulations to carry out this section.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘unlawful discrimination’ means
discrimination on the basis of race, color, religion,
sex, or national origin.
‘‘(2) The term ‘Member of Congress’ includes
any Delegate or Resident Commissioner to Congress.
‘‘(3) The term ‘Inspector General’ means—
‘‘(A) an Inspector General appointed under
the Inspector General Act of 1978; and
‘‘(B) an officer of the armed forces as-
signed or detailed under regulations of the Sec-
retary concerned to serve as an Inspector Gen-
eral at any command level in one of the armed
forces.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘983. Retaliatory personnel actions prohibited against members alleging sexual
harassment or unlawful discrimination.’’.
(b) DEADLINE FOR REGULATIONS.—The Secretary
of Defense and the Secretary of Transportation shall pre-
scribe the regulations required by subsection (e) of section
983 of title 10, United States Code, as added by sub-
section (a), not later than 120 days after the date of the
enactment of this Act.
(c) EFFECTIVE DATE.—Section 983 of title 10, Unit-
ed States Code, as added by subsection (a), shall apply
with respect to any personnel action taken (or threatened
to be taken) on or after the date of the enactment of this
Act as a reprisal prohibited by subsection (a) of that
section.
Æ