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10 U.S.C. § 1599j — Restricted reports of incidents of adult sexual assault
Federal law — U.S. Code and appendices · legal_authorities
**(a) Restricted Reports.—** The Secretary of Defense may provide a civilian employee of the Department of Defense an opportunity to submit to an individual described in subsection (d) a restricted report of an alleged incident of adult sexual assault for the purpose of assisting the employee in obtaining information and access to authorized victim support services provided by the Department.
**(b) Restrictions on Disclosures and Initiating Investigations.—** Unless the Secretary determines that a disclosure is necessary to prevent or mitigate a serious and imminent safety threat to the employee submitting the report or to another person, a restricted report submitted pursuant to subsection (a) shall not—
(1) be disclosed to the supervisor of the employee or any other management official; or
(2) cause the initiation of a Federal civil or criminal investigation.
**(c) Duties Under Other Laws.—** The receipt of a restricted report submitted under subsection (a) shall not be construed as imputing actual or constructive knowledge of an alleged incident of sexual assault to the Department of Defense for any purpose.
**(d) Individuals Authorized to Receive Restricted Reports.—** An individual described in this subsection is an individual who performs victim advocate duties under a program for one or more of the following purposes (or any other program designated by the Secretary):
(1) Sexual assault prevention and response.
(2) Victim advocacy.
(3) Equal employment opportunity.
(4) Workplace violence prevention and response.
(5) Employee assistance.
(6) Family advocacy.
**(e) Definitions.—** In this section:
(1) **Civilian employee.—** — The term “civilian employee” has the meaning given the term “employee” in [section 2105 of title 5](https://uscode.house.gov/vi
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Source file: Laws/federal/codes/united-states-code/title-10/section-1599j-restricted-reports-of-incidents-of-adult-sexual-assault--611ed49977.md
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Source location: Title 10, Chapter 81, § 1599j; chapter-081-civilian-employees.md
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**(a) Restricted Reports.—** The Secretary of Defense may provide a civilian employee of the Department of Defense an opportunity to submit to an individual described in subsection (d) a restricted report of an alleged incident of adult sexual assault for the purpose of assisting the employee in obtaining information and access to authorized victim support services provided by the Department.
**(b) Restrictions on Disclosures and Initiating Investigations.—** Unless the Secretary determines that a disclosure is necessary to prevent or mitigate a serious and imminent safety threat to the employee submitting the report or to another person, a restricted report submitted pursuant to subsection (a) shall not—
(1) be disclosed to the supervisor of the employee or any other management official; or
(2) cause the initiation of a Federal civil or criminal investigation.
**(c) Duties Under Other Laws.—** The receipt of a restricted report submitted under subsection (a) shall not be construed as imputing actual or constructive knowledge of an alleged incident of sexual assault to the Department of Defense for any purpose.
**(d) Individuals Authorized to Receive Restricted Reports.—** An individual described in this subsection is an individual who performs victim advocate duties under a program for one or more of the following purposes (or any other program designated by the Secretary):
(1) Sexual assault prevention and response.
(2) Victim advocacy.
(3) Equal employment opportunity.
(4) Workplace violence prevention and response.
(5) Employee assistance.
(6) Family advocacy.
**(e) Definitions.—** In this section:
(1) **Civilian employee.—** — The term “civilian employee” has the meaning given the term “employee” in [section 2105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim).
(2) **Sexual assault.—** — The term “sexual assault” has the meaning given that term in [section 920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920&num=0&edition=prelim) (article 120 of the Uniform Code of Military Justice), and includes penetrative offenses and sexual contact offenses.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—
(1) appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a Member or Members of Congress, or the Congress;
(C) a member of a uniformed service;
(D) an individual who is an employee under this section;
(E) the head of a Government controlled corporation; or
(F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim);
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
**(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee.
**(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rape.—** Any person subject to this chapter who commits a sexual act upon another person by—
(1) using unlawful force against that other person;
(2) using force causing or likely to cause death or grievous bodily harm to any person;
(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;
(4) first rendering that other person unconscious; or
(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;
is guilty of rape and shall be punished as a court-martial may direct.
**(b) Sexual Assault.—** Any person subject to this chapter who—
(1) commits a sexual act upon another person by—
(A) threatening or placing that other person in fear;
(B) making a fraudulent representation that the sexual act serves a professional purpose; or
(C) inducing a belief by any artifice, pretense, or concealment that the person is another person;
(2) commits a sexual act upon another person—
(A) without the consent of the other person; or
(B) when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or
(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to—
(A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or
(B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;
i
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Federal law — U.S. Code and appendices · legal_authorities
Page 1534
TITLE 10—ARMED FORCES
[§ 1599h
Statutory Notes and Related Subsidiaries
APPLICATION
OF
PUBLIC-PRIVATE
TALENT
EXCHANGE
PROGRAMS
IN
THE
DEPARTMENT
OF
DEFENSE
TO
QUANTUM
INFORMATION
SCIENCES
AND
TECHNOLOGY
RESEARCH
Pub. L. 118–31, div. A, title II, § 220, Dec. 22, 2023, 137
Stat. 188, provided that:
‘‘(a) IN
GENERAL.—Using the authority provided
under section 1599g of title 10, United States Code, the
Secretary of Defense shall seek to establish public-pri-
vate talent exchange programs with private-sector en-
tities working on quantum information sciences and
technology research applications.
‘‘(b) MAXIMUM NUMBER OF PARTICIPANTS.—Each pub-
lic-private talent exchange program established under
subsection (a) may include not more than 10 program
participants.
‘‘(c) PROGRAM PARTICIPANT DEFINED.—For purposes of
subsection (b), the term ‘program participant’ in-
cludes—
‘‘(1) an employee of the Department of Defense who
is assigned to a private-sector organization pursuant
to subsection (a); and
‘‘(2) an employee of a private-sector organization
who is assigned to a Department of Defense organiza-
tion pursuant to such subsection.’’
ENHANCEMENT OF PUBLIC-PRIVATE TALENT EXCHANGE
PROGRAMS IN THE DEPARTMENT OF DEFENSE
Pub. L. 116–283, div. A, title XI, § 1102(b)–(d), Jan. 1,
2021, 134 Stat. 3885, 3886, provided that:
‘‘(b) APPLICATION OF EXCHANGE AUTHORITY TO MOD-
ERNIZATION PRIORITIES.—Not later than 90 days after
the date of the enactment of this Act [Jan. 1, 2021], the
Secretary of Defense shall take steps to ensure that the
authority of the Secretary to carry out a public-private
talent exchange program under section 1599g of title 10,
United States Code (as amended by subsection (a)), is
used to—
‘‘(1) carry out exchanges of personnel
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1599j
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