§ 1561. Complaints of sexual harassment: independent investigation

§ 1561. Complaints of sexual harassment: independent investigation

(a) Action on Complaints Alleging Sexual Harassment.— A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section.

(b) Commencement of Investigation.— To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further—

(1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and

(2) advise the complainant of the commencement of the investigation.

(c) Duration of Investigation.— To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate.

(d) Report on Investigation.— To the extent practicable, a commanding officer or officer in charge shall—

(1) submit a final report on the results of the independent investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or

(2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer.

(e) Definitions.— In this section:

(1) The term “independent investigator” means a civilian employee of the Department of Defense or a member of the Army, Navy, Marine Corps, Air Force, or Space Force who—

(A) is outside the immediate chain of command of the complainant and the subject of the investigation; and

(B) is trained in the investigation of sexual harassment, as determined by—

(i) the Secretary of Defense, in the case of a civilian employee of the Department of Defense;

(ii) the Secretary of the Army, in the case of a member of the Army;

(iii) the Secretary of the Navy, in the case of a member of the Navy or Marine Corps; or

(iv) the Secretary of the Air Force, in the case of a member of the Air Force or Space Force.

(2) The term “sexual harassment” means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).

(Added Pub. L. 105–85, div. A, title V, § 591(a)(1), Nov. 18, 1997, 111 Stat. 1760; amended Pub. L. 114–328, div. A, title V, § 548(a), Dec. 23, 2016, 130 Stat. 2129; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(Z), Jan. 1, 2021, 134 Stat. 3821; Pub. L. 117–81, div. A, title V, § 543(a), Dec. 27, 2021, 135 Stat. 1709; Pub. L. 117–263, div. A, title V, § 546(a), Dec. 23, 2022, 136 Stat. 2584.)

Editorial Notes

Prior Provisions

Prior sections 1571 to 1577, Pub. L. 89–690, § 1, Oct. 15, 1966, 80 Stat. 1016, related to creation of Exemplary Rehabilitation Certificates to be issued by the Secretary of Labor to persons discharged or dismissed from the Armed Forces under conditions other than honorable or to persons who had received a general discharge but who had established that they had rehabilitated themselves and established the administrative and other authority in connection therewith, prior to repeal by Pub. L. 90–83, § 3(2), Sept. 11, 1967, 81 Stat. 220.

Amendments

2022—Subsec. (e). Pub. L. 117–263 amended subsec. (e) generally. Prior to amendment, text read as follows: “In this section, the term ‘sexual harassment’ means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).”

2021—Pub. L. 117–81 amended section generally. Prior to amendment, section related to investigation by commanding officers of complaints of sexual harassment.

Subsec. (a). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.

2016—Subsec. (e)(1). Pub. L. 114–328, § 548(a)(1)(A), in introductory provisions, struck out “(constituting a form of sex discrimination)” after “Conduct”.

Subsec. (e)(1)(B). Pub. L. 114–328, § 548(a)(1)(B), substituted “the environment” for “the work environment”.

Subsec. (e)(3). Pub. L. 114–328, § 548(a)(2), struck out “in the workplace” after “of a sexual nature”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. A, title V, § 546(b), Dec. 23, 2022, 136 Stat. 2585, provided that: “The amendment made by subsection (a) [amending this section] shall take effect immediately after the coming into effect of the amendments made by section 543 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1709) [amending this section and the analysis for this chapter] as provided in subsection (c) of that section.”

Effective Date of 2021 Amendment

Pub. L. 117–81, div. A, title V, § 543(c), Dec. 27, 2021, 135 Stat. 1710, provided that: “The amendments made by subsections (a) and (b) [amending this section and the analysis for this chapter] shall— “(1) take effect on the date that is two years after the date of the enactment of this Act [Dec. 27, 2021]; and “(2) apply to any investigation of a formal complaint of sexual harassment (as defined in section 1561 of title 10, United States Code, as amended by subsection (a)) made on or after that date.”

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title V, § 548(b), Dec. 23, 2016, 130 Stat. 2129, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 23, 2016], and shall apply with respect to complaints described in section 1561 of title 10, United States Code, that are first received by a commanding officer or officer in charge on or after that date.”

Short Title of 2002 Amendment

Pub. L. 107–311, § 1, Dec. 2, 2002, 116 Stat. 2455, provided that: “This Act [enacting section 1561a of this title] may be cited as the ‘Armed Forces Domestic Security Act’.”

Regulations

Pub. L. 117–81, div. A, title V, § 543(d), Dec. 27, 2021, 135 Stat. 1710, provided that: “Not later than 18 months after the date of the enactment of this Act [Dec. 27, 2021] the Secretary of Defense shall prescribe regulations providing for the implementation of section 1561 of title 10, United States Code, as amended by subsection (a).”

Authority To Provide Sexual Assault Medical Forensic Examinations On a Nonreimbursable Basis to Certain Otherwise Ineligible Individuals

Pub. L. 119–60, div. A, title VII, § 702, Dec. 18, 2025, 139 Stat. 918, provided that: “(a) Authority to Provide Forensic Examinations.—The Secretary of Defense, in accordance with regulations prescribed by the Secretary, shall authorize medical personnel of the Department of Defense to provide sexual assault medical forensic examinations, in a military medical treatment facility on a nonreimbursable basis, to an individual who—“(1) is not otherwise eligible for health care from the Department; “(2) reports a sexual assault offense for which a Defense Criminal Investigative Organization may initiate an investigation; and “(3) is eligible for a forensic examination in accordance with those regulations. “(b) Additional Elements.—The regulations prescribed under subsection (a) may provide for the handling, storage, and transfer to law enforcement of a completed sexual assault medical forensic examination kit.”

Policy on Inclusion of Race and Ethnicity in Annual Reports on Sexual Assaults Involving Members of the Armed Forces

Pub. L. 117–81, div. A, title V, § 549G(b), Dec. 27, 2021, 135 Stat. 1728, provided that: “(1) Requirement.—Not later than two years after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall prescribe a policy requiring information on the race and ethnicity of accused individuals to be included to the maximum extent practicable in the annual report required under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note). “(2) Exclusion.—The policy prescribed under paragraph (1) may provide for the exclusion of such information based on privacy concerns, impacts on accountability efforts, or other matters of importance as determined and identified in such policy by the Secretary. “(3) Publicly available.—The Secretary of Defense shall make publicly available the information described in paragraph (1), subject to the exclusion of such information pursuant to paragraph (2). “(4) Sunset.—The requirements of this subsection shall terminate on May 1, 2028.”

Safe-To-Report Policy Applicable Across the Armed Forces

Pub. L. 116–283, div. A, title V, § 539A, Jan. 1, 2021, 134 Stat. 3607, provided that: “(a) In General.—The Secretary of Defense shall, in consultation with the Secretaries of the military departments, prescribe in regulations a safe-to-report policy described in subsection (b) that applies with respect to all members of the Armed Forces (including members of the reserve components of the Armed Forces) and cadets and midshipmen at the military service academies. “(b) Safe-to-report Policy.—The safe-to-report policy described in this subsection is a policy that prescribes the handling of minor collateral misconduct involving a member of the Armed Forces who is the alleged victim of sexual assault. “(c) Aggravating Circumstances.—The regulations under subsection (a) shall specify aggravating circumstances that increase the gravity of minor collateral misconduct or its impact on good order and discipline for purposes of the safe-to-report policy. “(d) Tracking of Collateral Misconduct Incidents.—In conjunction with the issuance of regulations under subsection (a), Secretary shall develop and implement a process to track incidents of minor collateral misconduct that are subject to the safe-to-report policy. “(e) Definitions.—In this section:“(1) The term ‘Armed Forces’ has the meaning given that term in section 101(a)(4) of title 10, United States Code, except such term does not include the Coast Guard. “(2) The term ‘military service academy’ means the following:“(A) The United States Military Academy. “(B) The United States Naval Academy. “(C) The United States Air Force Academy. “(3) The term ‘minor collateral misconduct’ means any minor misconduct that is potentially punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that—“(A) is committed close in time to or during the sexual assault, and directly related to the incident that formed the basis of the sexual assault allegation; “(B) is discovered as a direct result of the report of sexual assault or the ensuing investigation into the sexual assault; and “(C) does not involve aggravating circumstances (as specified in the regulations prescribed under subsection (c)) that increase the gravity of the minor misconduct or its impact on good order and discipline.”

Accountability of Leadership of the Department of Defense for Discharging the Sexual Harassment Policies and Programs of the Department

Pub. L. 116–283, div. A, title V, § 539B, Jan. 1, 2021, 134 Stat. 3608, provided that: “(a) Strategy on Holding Leadership Accountable Required.—The Secretary of Defense shall develop and implement Department of Defense-wide a strategy to hold individuals in positions of leadership in the Department (including members of the Armed Forces and civilians) accountable for the promotion, support, and enforcement of the policies and programs of the Department on sexual harassment. “(b) Oversight Framework.—“(1) In general.—The strategy required by subsection (a) shall provide for an oversight framework for the efforts of the Department of Defense to promote, support, and enforce the policies and programs of the Department on sexual harassment. “(2) Elements.—The oversight framework required by paragraph (1) shall include the following:“(A) Long-term goals, objectives, and milestones in connection with the policies and programs of the Department on sexual harassment. “(B) Strategies to achieve the goals, objectives, and milestones referred to in subparagraph (A). “(C) Criteria for assessing progress toward the achievement of the goals, objectives, and milestones referred to in subparagraph (A). “(D) Criteria for assessing the effectiveness of the policies and programs of the Department on sexual harassment. “(E) Mechanisms to ensure that adequate resources are available to the Office of the Secretary of Defense to develop and discharge the oversight framework. “(c) Report.—Not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the actions taken to carry out this section, including the strategy developed and implemented pursuant to subsection (a), and the oversight framework developed and implemented pursuant to subsection (b).”

Training for Commanders in the Armed Forces on Their Role in all Stages of Military Justice in Connection With Sexual Assault