---
kind: "section"
citation: "38 U.S.C. § 533"
title: "38"
title_heading: "Veterans’ Benefits"
number: "533"
heading: "Anti-harassment and anti-sexual assault policy"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/533"
units:
  - "Part I — General Provisions"
  - "Chapter 5 — Authority and Duties of the Secretary"
  - "Subchapter II — Specified Functions"
---

# §533. Anti-harassment and anti-sexual assault policy

- (a) **Establishment.—**
  - (1) The [Secretary](/usc/38/101.md?p=1), acting through the Office of Assault and Prevention of the [Veterans](/usc/38/101.md?p=2) Health Administration, shall establish a comprehensive policy to end harassment and sexual assault, including sexual harassment and gender-based harassment, throughout the [Department](/usc/38/101.md?p=1).
  - (2) The policy required by [paragraph (1)](#a-1) shall include the following:
    - (A) A process for employees and contractors of the [Department](/usc/38/101.md?p=1) to respond to reported incidents of harassment and sexual assault committed by any non-[Department](/usc/38/101.md?p=1) individual within a facility of the [Department](/usc/38/101.md?p=1), including with respect to accountability or disciplinary measures.
    - (B) A process for employees and contractors of the [Department](/usc/38/101.md?p=1) to respond to reported incidents of harassment and sexual assault of any non-[Department](/usc/38/101.md?p=1) individual within a facility of the [Department](/usc/38/101.md?p=1).
    - (C) A process for any non-[Department](/usc/38/101.md?p=1) individual to report harassment and sexual assault described in [subparagraph (A)](#a-2-A), including an option for confidential reporting, and for the [Secretary](/usc/38/101.md?p=1) to respond to and address such reports.
    - (D) Clear mechanisms for non-[Department](/usc/38/101.md?p=1) individuals to readily identify to whom and how to report incidents of harassment and sexual assault committed by another non-[Department](/usc/38/101.md?p=1) individual.
    - (E) Clear mechanisms for employees and contractors of the [Department](/usc/38/101.md?p=1) to readily identify to whom and how to report incidents of harassment and sexual assault and how to refer non-[Department](/usc/38/101.md?p=1) individuals with respect to reporting an incident of harassment or sexual assault.
    - (F) A process for, and mandatory reporting requirement applicable to, any employee or contractor of the [Department](/usc/38/101.md?p=1) who witnesses harassment or sexual assault described in subparagraph [(A)](#a-2-A) or [(B)](#a-2-B) within a facility of the [Department](/usc/38/101.md?p=1), regardless of whether the individual affected by such harassment or sexual assault wants to report such harassment or sexual assault.
    - (G) The actions possible, including disciplinary actions, for employees or contractors of the [Department](/usc/38/101.md?p=1) who fail to report incidents of harassment and sexual assault described in subparagraph [(A)](#a-2-A) or [(B)](#a-2-B) that the employees or contractors witness.
    - (H) On an annual or more frequent basis, mandatory training for employees and contractors of the [Department](/usc/38/101.md?p=1) regarding how to report and address harassment and sexual assault described in subparagraphs [(A)](#a-2-A) and [(B)](#a-2-B), including bystander intervention training.
    - (I) On an annual or more frequent basis, the distribution of the policy under this subsection and anti-harassment and anti-sexual assault educational materials by mail or email to each individual receiving a benefit under a law administered by the [Secretary](/usc/38/101.md?p=1).
    - (J) The prominent display of anti-harassment and anti-sexual assault messages in each facility of the [Department](/usc/38/101.md?p=1), including how non-[Department](/usc/38/101.md?p=1) individuals may report harassment and sexual assault described in subparagraphs [(A)](#a-2-A) and [(B)](#a-2-B) at such facility and the points of contact under [subsection (b)](#b).
    - (K) The posting on internet websites of the [Department](/usc/38/101.md?p=1), including the main internet website regarding benefits of the [Department](/usc/38/101.md?p=1) and the main internet website regarding health care of the [Department](/usc/38/101.md?p=1), of anti-harassment and anti-sexual assault banners specifically addressing harassment and sexual assault described in subparagraphs [(A)](#a-2-A) and [(B)](#a-2-B).
- (b) **Points of Contact.—** The [Secretary](/usc/38/101.md?p=1) shall designate, as a point of contact to receive reports of harassment and sexual assault described in subparagraphs [(A)](#a-2-A) and [(B)](#a-2-B) of subsection (a)(2)—
  - (1) at least one individual, in addition to law enforcement, at each facility of the [Department](/usc/38/101.md?p=1) (including Vet Centers under [section 1712A of this title](/usc/38/1712A.md)), with regard to that facility;
  - (2) at least one individual employed in each [Veterans](/usc/38/101.md?p=2) Integrated Service Network, with regard to facilities in that [Veterans](/usc/38/101.md?p=2) Integrated Service Network;
  - (3) at least one individual employed in each regional benefits office;
  - (4) at least one individual employed at each location of the National Cemetery Administration; and
  - (5) at least one individual employed at the Central Office of the [Department](/usc/38/101.md?p=1) to track reports of such harassment and sexual assault across the [Department](/usc/38/101.md?p=1), disaggregated by facility.
- (c) **Accountability.—**
  - (1) The [Secretary](/usc/38/101.md?p=1) shall establish a policy to ensure that each facility of the [Department](/usc/38/101.md?p=1) and each director of a [Veterans](/usc/38/101.md?p=2) Integrated Service Network is responsible for addressing harassment and sexual assault at the facility and the Network.
  - (2) The policy required by [paragraph (1)](#c-1) shall include—
    - (A) a remediation plan for facilities that experience five or more incidents of sexual harassment, sexual assault, or combination thereof, during any single fiscal year; and
    - (B) taking appropriate actions under [chapter 7](/usc/38/chptI/ch7.md) or subchapter V of [chapter 74](/usc/38/chptV/ch74.md) of this title.
- (d) **Data.—** The [Secretary](/usc/38/101.md?p=1) shall ensure that the in-take process for [veterans](/usc/38/101.md?p=2) at medical facilities of the [Department](/usc/38/101.md?p=1) includes a survey to collect the following information:
  - (1) Whether the [veteran](/usc/38/101.md?p=2) feels safe at the facility and whether any events occurred at the facility that affect such feeling.
  - (2) Whether the [veteran](/usc/38/101.md?p=2) wants to be contacted later by the [Department](/usc/38/101.md?p=1) with respect to such safety issues.
- (e) **Working Group.—**
  - (1) The [Secretary](/usc/38/101.md?p=1) shall establish a working group to assist the [Secretary](/usc/38/101.md?p=1) in implementing policies to carry out this section.
  - (2) The working group established under [paragraph (1)](#e-1) shall consist of representatives from—
    - (A) [veterans](/usc/38/101.md?p=2) service organizations;
    - (B) [State](/usc/38/101.md?p=20), local, and Tribal [veterans](/usc/38/101.md?p=2) agencies; and
    - (C) other persons the [Secretary](/usc/38/101.md?p=1) determines appropriate.
  - (3) The working group established under [paragraph (1)](#e-1) shall develop, and the [Secretary](/usc/38/101.md?p=1) shall carry out—
    - (A) an action plan for addressing changes at the local level to reduce instances of harassment and sexual assault;
    - (B) standardized media for [veterans](/usc/38/101.md?p=2) service organizations and other persons to use in print and on the internet with respect to reducing harassment and sexual assault; and
    - (C) bystander intervention training for [veterans](/usc/38/101.md?p=2).
  - (4) The working group established under [paragraph (1)](#e-1) shall not be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).[^1]
- (f) **Annual Reports.—**
  - (1) The [Secretary](/usc/38/101.md?p=1) shall submit to the Committee on [Veterans](/usc/38/101.md?p=2)’ Affairs of the Senate and the Committee on [Veterans](/usc/38/101.md?p=2)’ Affairs of the House of Representatives an annual report on harassment and sexual assault described in subparagraphs [(A)](#a-2-A) and [(B)](#a-2-B) of subsection (a)(2) in facilities of the [Department](/usc/38/101.md?p=1).
  - (2) Each report submitted under [paragraph (1)](#f-1) shall include the following:
    - (A) Results of harassment and sexual assault programming, including the End Harassment program.
    - (B) Results of studies from the Women’s Health Practice-Based Research Network of the [Department](/usc/38/101.md?p=1) relating to harassment and sexual assault.
    - (C) Data collected on incidents of sexual harassment and sexual assault.
    - (D) A description of any actions taken by the [Secretary](/usc/38/101.md?p=1) during the year preceding the date of the report to stop harassment and sexual assault at facilities of the [Department](/usc/38/101.md?p=1).
    - (E) An assessment of the implementation of the training required in [subsection (a)(2)(H)](#a-2-H).
    - (F) A list of resources the [Secretary](/usc/38/101.md?p=1) determines necessary to prevent harassment and sexual assault at facilities of the [Department](/usc/38/101.md?p=1).
- (g) **Definitions.—** In this section:
  - (1) The term “non-[Department](/usc/38/101.md?p=1) individual” means any individual present at a facility of the [Department](/usc/38/101.md?p=1) who is not an employee or contractor of the [Department](/usc/38/101.md?p=1).
  - (2) The term “sexual harassment” means unsolicited verbal or physical contact of a sexual nature which is threatening in character.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 116–315, title V, § 5303(a), Jan. 5, 2021, 134 Stat. 5038.)

## Notes

### Editorial Notes

### References in Text

The Federal Advisory Committee Act, referred to in subsec. (e)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

### Statutory Notes and Related Subsidiaries

### Deadline

Pub. L. 116–315, title V, § 5303(d), Jan. 5, 2021, 134 Stat. 5041, provided that: “The Secretary shall commence carrying out section 533 of such title [title 38], as added by subsection (a), not later than 180 days after the date of enactment of this Act [Jan. 5, 2021].”