10 U.S.C. § 1599j — Restricted reports of incidents of adult

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 with private sector entities that are working on the moderniza- tion priorities of the Department of Defense; and ‘‘(2) carry out exchanges in— ‘‘(A) the office of the Under Secretary of Defense for Research and Engineering; ‘‘(B) the office of the Chief Information Officer of the Department of Defense; ‘‘(C) each Armed Force under the jurisdiction of the Secretary of a military department; and ‘‘(D) any other organizations or elements of the Department of Defense the Secretary determines appropriate. ‘‘(c) CONFLICTS OF INTEREST.—The Secretary shall im- plement a system to identify, mitigate, and manage any conflicts of interests that may arise as a result of an individual’s participation in a public-private talent exchange under section 1599g of title 10, United States Code. ‘‘(d) TREATMENT OF PROGRAM PARTICIPANTS.—The Secretary of Defense, in consultation with each Sec- retary of a military department, shall develop prac- tices to ensure that participation by a member of an Armed Force under the jurisdiction of the Secretary of a military department in an public-private talent ex- change under section 1599g of title 10, United States Code, is taken into consideration in subsequent assign- ments.’’ [§ 1599h. Renumbered § 4092] § 1599i. Recruitment incentives for placement at remote locations (a) RECRUITMENT INCENTIVE.— (1) IN GENERAL.—An individual appointed to a position in the Department of Defense at a covered location may be paid a recruitment incentive in connection with such appoint- ment. (2) AMOUNT.—The amount of a recruitment incentive payable to an individual under this subsection may not exceed the amount equal to— (A) 25 percent of the annual rate of basic pay of the employee for the position con- cerned as of the date on which the service period in such position agreed to by the indi- vidual under paragraph (3) commences; mul- tiplied by (B) the number of years (including frac- tions of a year) of such service period (not to exceed four years). (3) SERVICE AGREEMENT.—To receive a re- cruitment incentive under this subsection, an individual appointed to a position under para- graph (1) shall enter into an agreement with the Secretary of Defense to complete a period of service at the covered location. The period of obligated service of the individual at such location under the agreement may not exceed four years. The agreement shall include such repayment or alternative employment obliga- tions as the Secretary considers appropriate for failure of the individual to complete the period of obligated service specified in the agreement. (4) COVERED LOCATIONS DEFINED.—In this sec- tion, a covered location is a location for which the Secretary of Defense has determined that critical hiring needs are not being met due to the geographic remoteness or isolation or ex- treme climate conditions of the location. (b) SUNSET.—Effective on September 30, 2022, the authority provided under subsection (a) shall expire. (Added Pub. L. 116–283, div. A, title XI, § 1120(a), Jan. 1, 2021, 134 Stat. 3898.) Statutory Notes and Related Subsidiaries OUTCOME MEASUREMENTS Pub. L. 116–283, div. A, title XI, § 1120(b), Jan. 1, 2021, 134 Stat. 3899, provided that: ‘‘The Secretary of Defense shall develop outcome measurements to evaluate the effect of the authority provided under subsection (a) of section 1599i of title 10, United States Code, as added by subsection (a), and any relocation incentives provided under subsection (b) of such section.’’ § 1599j. Restricted reports of incidents of adult sexual assault (a) RESTRICTED REPORTS.—The Secretary of Defense may provide a civilian employee of the Department of Defense an opportunity to sub- mit 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 ac- cess to authorized victim support services pro- vided by the Department. (b) RESTRICTIONS ON DISCLOSURES AND INITI- ATING INVESTIGATIONS.—Unless the Secretary de- termines that a disclosure is necessary to pre- vent 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 em- ployee or any other management official; or Page 1535 TITLE 10—ARMED FORCES § 1601 (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 RE- STRICTED 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 re- sponse. (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. (2) SEXUAL ASSAULT.—The term ‘‘sexual as- sault’’ has the meaning given that term in sec- tion 920 of this title (article 120 of the Uniform Code of Military Justice), and includes pene- trative offenses and sexual contact offenses. (Added Pub. L. 117–263, div. A, title XI, § 1101(a), Dec. 23, 2022, 136 Stat. 2815.) CHAPTER 83—CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES Subchapter Sec. I. Defense-Wide Intelligence Personnel Policy ................................................. 1601 II. Defense Intelligence Agency Personnel 1621 Editorial Notes PRIOR PROVISIONS A prior chapter 85 of this title was repealed by Pub. L. 102–190, div. A, title X, § 1061(a)(26)(C)(i), Dec. 5, 1991, 105 Stat. 1474, effective Oct. 1, 1993. Previously, the in- dividual sections of that chapter, sections 1621 to 1624, were repealed by Pub. L. 101–510, div. A, title XII, § 1207(c)(1), (3), (4), Nov. 5, 1990, 104 Stat. 1665. AMENDMENTS 1996—Pub. L. 104–201, div. A, title XVI, § 1632(a)(3), Sept. 23, 1996, 110 Stat. 2745, substituted ‘‘CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES’’ for ‘‘DE- FENSE INTELLIGENCE AGENCY AND CENTRAL IM- AGERY OFFICE CIVILIAN PERSONNEL’’ as chapter heading and added subchapter analysis. SUBCHAPTER I—DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY Sec. 1601. Civilian intelligence personnel: general au- thority to establish excepted positions, ap- point personnel, and fix rates of pay. 1602. Basic pay. 1603. Additional compensation, incentives, and al- lowances. [1604. Repealed.] 1605. Benefits for certain employees assigned out- side the United States. 1606. Defense Intelligence Senior Executive Serv- ice. Sec. 1607. Intelligence Senior Level positions. 1608. Time-limited appointments. 1609. Termination of defense intelligence employ- ees. 1610. Reductions and other adjustments in force. 1611. Postemployment assistance: certain termi- nated intelligence employees. 1612. Merit system principles and civil service pro- tections: applicability. 1613. Miscellaneous provisions. 1614. Definitions. Editorial Notes AMENDMENTS 1996—Pub. L. 104–201, div. A, title XVI, § 1632(a)(3), Sept. 23, 1996, 110 Stat. 2745, added table of sections for subchapter and struck out former table of sections con- sisting of items 1601 ‘‘Defense Intelligence Senior Exec- utive Service’’, 1602 ‘‘Defense Intelligence Agency merit pay system’’, 1603 ‘‘Limit on pay’’, 1604 ‘‘Civilian personnel management’’, 1605 ‘‘Benefits for certain em- ployees of the Defense Intelligence Agency’’, 1606 ‘‘Uni- form allowance: civilian employees’’, and 1608 ‘‘Finan- cial assistance to certain employees in acquisition of critical skills’’. 1994—Pub. L. 103–359, title V, § 501(b)(1)(A), Oct. 14, 1994, 108 Stat. 3428, amended chapter heading generally, inserting ‘‘AND CENTRAL IMAGERY OFFICE’’. 1989—Pub. L. 101–193, title V, § 507(a)(2), Nov. 30, 1989, 103 Stat. 1710, added item 1608. 1987—Pub. L. 100–178, title VI, § 601(b), Dec. 2, 1987, 101 Stat. 1015, added item 1606. 1985—Pub. L. 99–145, title XIII, § 1302(a)(2), Nov. 8, 1985, 99 Stat. 737, redesignated item 192 of chapter 8 of this title as item 1605 and transferred it to this chapter. 1984—Pub. L. 98–618, title V, § 501(b), Nov. 8, 1984, 98 Stat. 3302, added item 1604. § 1601. Civilian intelligence personnel: general authority to establish excepted positions, ap- point personnel, and fix rates of pay (a) GENERAL AUTHORITY.—The Secretary of De- fense may— (1) establish, as positions in the excepted service, such defense intelligence positions in the Department of Defense as the Secretary determines necessary to carry out the intel- ligence functions of the Department, includ- ing— (A) Intelligence Senior Level positions des- ignated under section 1607 of this title; and (B) positions in the Defense Intelligence Senior Executive Service; (2) appoint individuals to those positions (after taking into consideration the avail- ability of preference eligibles for appointment to those positions); and (3) fix the compensation of such individuals for service in those positions. (b) CONSTRUCTION WITH OTHER LAWS.—The au- thority of the Secretary of Defense under sub- section (a) applies without regard to the provi- sions of any other law relating to the appoint- ment, number, classification, or compensation of employees. (Added Pub. L. 104–201, div. A, title XVI, § 1632(a)(3), Sept. 23, 1996, 110 Stat. 2746; amended Pub. L. 106–398, § 1 [[div. A], title XI, § 1141(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–318.)