
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1602(a)(2)]
[CITE: 10USC1561]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
  CHAPTER 80--MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
 
Sec. 1561. Complaints of sexual harassment: investigation by 
        commanding officers
        
    (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, or Marine Corps who receives from a member of the 
command or a civilian employee under the supervision of the officer a 
complaint alleging sexual harassment by a member of the armed forces or 
a civilian employee of the Department of Defense shall carry out an 
investigation of the matter in accordance with this section.
    (b) Commencement of Investigation.--To the extent practicable, a 
commanding officer or officer in charge receiving such a complaint 
shall, within 72 hours after receipt of the complaint--
        (1) forward the 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;
        (2) commence, or cause the commencement of, an investigation of 
    the complaint; and
        (3) advise the complainant of the commencement of the 
    investigation.

    (c) Duration of Investigation.--To the extent practicable, a 
commanding officer or officer in charge receiving such a complaint shall 
ensure that the investigation of the complaint is completed not later 
than 14 days after the date on which the investigation is commenced.
    (d) Report on Investigation.--To the extent practicable, a 
commanding officer or officer in charge receiving such a complaint 
shall--
        (1) submit a final report on the results of the 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) Sexual Harassment Defined.--In this section, the term ``sexual 
harassment'' means any of the following:
        (1) Conduct (constituting a form of sex discrimination) that--
            (A) involves unwelcome sexual advances, requests for sexual 
        favors, and deliberate or repeated offensive comments or 
        gestures of a sexual nature when--
                (i) submission to such conduct is made either explicitly 
            or implicitly a term or condition of a person's job, pay, or 
            career;
                (ii) submission to or rejection of such conduct by a 
            person is used as a basis for career or employment decisions 
            affecting that person; or
                (iii) such conduct has the purpose or effect of 
            unreasonably interfering with an individual's work 
            performance or creates an intimidating, hostile, or 
            offensive working environment; and

            (B) is so severe or pervasive that a reasonable person would 
        perceive, and the victim does perceive, the work environment as 
        hostile or offensive.

        (2) Any use or condonation, by any person in a supervisory or 
    command position, of any form of sexual behavior to control, 
    influence, or affect the career, pay, or job of a member of the 
    armed forces or a civilian employee of the Department of Defense.
        (3) Any deliberate or repeated unwelcome verbal comment or 
    gesture of a sexual nature in the workplace by any member of the 
    armed forces or civilian employee of the Department of Defense.

(Added Pub. L. 105-85, div. A, title V, Sec. 591(a)(1), Nov. 18, 1997, 
111 Stat. 1760.)


                            Prior Provisions

    Prior sections 1571 to 1577, Pub. L. 89-690, Sec. 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, Sec. 3(2), Sept. 11, 1967, 
81 Stat. 220.


                                 Reports

    Section 591(b) of Pub. L. 105-85 provided that:
    ``(1) Not later than January 1 of each of 1998 and 1999, each 
officer receiving a complaint forwarded in accordance with section 
1561(b) of title 10, United States Code, as added by subsection (a), 
during the preceding year shall submit to the Secretary of the military 
department concerned a report on all such complaints and the 
investigations of such complaints (including the results of the 
investigations, in cases of investigations completed during such 
preceding year).
    ``(2)(A) Not later than March 1 of each of 1998 and 1999, each 
Secretary receiving a report under paragraph (1) for a year shall submit 
to the Secretary of Defense a report on all such reports so received.
    ``(B) Not later than April 1 following receipt of a report for a 
year under subparagraph (A), the Secretary of Defense shall transmit to 
Congress all such reports received for the year under subparagraph (A) 
together with the Secretary's assessment of each such report.''
