[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4112 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives 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 HARASSMENT OR
UNLAWFUL DISCRIMINATION.
(a) In General.--(1) Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 983. Retaliatory personnel actions prohibited against members
alleging sexual harassment 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 preparing 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
administrative procedures for such communications. Any action
prohibited 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 preparing) the
communication alleges that the member has been the subject of sexual
harassment or unlawful discrimination.
``(b) Inspector General Investigation of Allegations 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 procedures in which the member of the armed
forces makes a complaint or discloses information that the member
reasonably 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 Allegations of Sexual
Harassment or Unlawful Discrimination.--If the Inspector General has
not already done so, the Inspector General shall commence a separate
investigation of the information that the member submitting the
allegation under subsection (b) believes constitutes evidence of sexual
harassment or unlawful discrimination.
``(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 Defense (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 allegation 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 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 to the
member making the allegation a notice--
``(A) of that determination (including the reasons why the
report may not be submitted within that time); and
``(B) of the time when the report will be submitted.
``(3) The report on the results of the investigation shall contain
a thorough review of the facts and circumstances 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 recommendation 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 assigned or
detailed under regulations of the Secretary concerned
to serve as an Inspector General 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 prescribe the regulations required by
subsection (e) of section 983 of title 10, United States Code, as added
by subsection (a), not later than 120 days after the date of the
enactment of this Act.
(c) Effective Date.--Section 983 of title 10, United 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.
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