Advancing Justice for Servicemembers Act

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9163 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9163

 To amend title 10, United States Code, to establish a time limit for 
 the processing of harassment complaints made by members of the Armed 
    Forces and to clarify the procedure for judicial review of such 
                  complaints, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2022

Ms. Escobar (for herself and Ms. Speier) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to establish a time limit for 
 the processing of harassment complaints made by members of the Armed 
    Forces and to clarify the procedure for judicial review of such 
                  complaints, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advancing Justice for Servicemembers 
Act''.

SEC. 2. TIME LIMIT FOR PROCESSING CERTAIN ADMINISTRATIVE COMPLAINTS.

    (a) In General.--Chapter 80 of title 10, United States Code, is 
amended by inserting after section 1561b the following new section:
``Sec. 1561c. Processing a harassment or military equal opportunity 
              complaint
    ``(a) Time Limit.--An official authorized to take final action on a 
complaint from a member of the armed forces of harassment or prohibited 
discrimination shall ensure the procedures and requirements for the 
complaint are completed within 180 days after the date on which any 
supervisor or designated office received the complaint.
    ``(b) Judicial Review.--
            ``(1) Pursuant to section 706(1) of title 5, United States 
        Code, a member of the armed forces may seek an order in a court 
        of the United States directing the Secretary concerned to take 
        final action or provide a written explanation no later than 30 
        days after the court enters its order, if an authorized 
        official does not--
                    ``(A) take final action on a complaint under 
                subsection (a) within 180 days; or
                    ``(B) provide the member a written explanation of 
                the final action taken on a complaint under subsection 
                (a).
            ``(2) Pursuant to section 706(2) of title 5, United States 
        Code, and no later than 30 days after a member of the armed 
        forces receives a written explanation of the final action taken 
        on a complaint under subsection (a), the member may seek review 
        of the action in a court of the United States.
    ``(c) Report.--Not later than April 1 each year, the Secretary 
concerned shall submit to the appropriate congressional committees a 
report of the total number of court orders sought under subsection (b) 
and orders granted by such courts.
    ``(d) Definitions.--In this section:
            ``(1) The term `appropriate congressional committees' means 
        the following:
                    ``(A) The Committee on Armed Services of the House 
                of Representatives.
                    ``(B) The Committee on Armed Services of the 
                Senate.
                    ``(C) The Committee on Transportation and 
                Infrastructure of the House of Representatives.
                    ``(D) The Committee on Commerce, Science, and 
                Transportation of the Senate.
            ``(2) The term `complaint' means an allegation or report of 
        harassment or prohibited discrimination.
            ``(3) The term `designated office' means a military equal 
        opportunity office or an office of the inspector general or 
        staff judge advocate, and any other departmental office 
        authorized by the Secretary concerned to receive harassment and 
        prohibited discrimination complaints.
            ``(4) The term `harassment' means behavior that is 
        unwelcome or offensive to a reasonable person, whether oral, 
        written, or physical, that creates an intimidating, hostile, or 
        offensive environment.
            ``(5) The term `prohibited discrimination' means unlawful 
        discrimination, including disparate treatment, of an individual 
        or group on the basis of race, color, national origin, 
        religion, sex (including pregnancy), gender identity, or sexual 
        orientation.
            ``(6) The term `member of the armed forces' means a member 
        of an armed force serving on active duty.
            ``(7) The term `supervisor' means a member of the armed 
        forces in charge or command of other members of the armed 
        forces or a civilian employee (as defined in section 2105 of 
        title 5, United States Code) authorized to direct and control 
        service members.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1561b the following new item:

``1561c. Processing a harassment or military equal opportunity 
                            complaint.''.
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