[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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