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S 3647 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 3647CommentsClose CommentsPermalink

To amend title 10, United States Code, to improve and enhance the capabilities of the Armed Forces to prevent and respond to sexual assault and sexual harassment in the Armed Forces, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

November 29, 2012CommentsClose CommentsPermalink

Ms. KLOBUCHAR (for herself and Ms. SNOWE) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend title 10, United States Code, to improve and enhance the capabilities of the Armed Forces to prevent and respond to sexual assault and sexual harassment in the Armed Forces, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Military Sexual Assault Prevention Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. PROHIBITION ON SERVICE IN THE ARMED FORCES BY INDIVIDUALS WHO HAVE BEEN CONVICTED OF A SEXUAL OFFENSE.

(a) Prohibition- Chapter 37 of title 10, United States Code, is amended adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 656. Prohibition on service in the armed forces by individuals convicted of a sexual offense

‘(a) Prohibition on Commissioning or Enlistment- (1) A person who has been convicted of an offense specified in paragraph (2) under Federal or State law may not be processed for commissioning or permitted to enlist in the armed forces.CommentsClose CommentsPermalink





‘(2) An offense specified in this paragraph is any felony offense as follows:CommentsClose CommentsPermalink





‘(A) Rape.CommentsClose CommentsPermalink





‘(B) Sexual assault.CommentsClose CommentsPermalink





‘(C) Forcible sodomy.CommentsClose CommentsPermalink





‘(D) Incest.CommentsClose CommentsPermalink





‘(b) Administrative Separation for Certain Offenses Not Resulting in Punitive Discharge- (1) Any member of the armed forces on active duty, and any member of a reserve component of the armed forces not on active duty but in active status, who is convicted of an offense specified in paragraph (2) and not punitively discharged from the armed forces in connection with such conviction shall be separated administratively from the armed forces for such offense.CommentsClose CommentsPermalink





‘(2) An offense specified in this paragraph is any offense as follows:CommentsClose CommentsPermalink





‘(A) Rape or sexual assault under subsection (a) or (b) of section 920 of this title (article 120 of the Uniform Code of Military Justice).CommentsClose CommentsPermalink





‘(B) Forcible sodomy under section 925 of this title (article 125 of the Uniform Code of Military Justice).CommentsClose CommentsPermalink





‘(C) An attempt to commit an offense specified in subparagraph (A) or (B), as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).CommentsClose CommentsPermalink





‘(3) Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned may waive the requirement in paragraph (1) with respect to a member if the waiver is determined appropriate in the interests of the national security of the United States. Waivers under this paragraph shall be made on a case-by-case basis.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 37 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘656. Prohibition on service in the armed forces by individuals convicted of a sexual offense.’.CommentsClose CommentsPermalink

SEC. 3. PERSONS WHO MAY EXERCISE DISPOSITION AUTHORITY REGARDING CHARGES INVOLVING CERTAIN SEXUAL MISCONDUCT OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

(a) Persons Who May Exercise Disposition Authority-CommentsClose CommentsPermalink





(1) DISPOSITION AUTHORITY- With respect to any charge under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that alleges an offense specified in paragraph (2), the Secretary of Defense shall require the Secretaries of the military departments to restrict disposition authority under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) to officers of the Armed Forces who have the authority to convene special courts-martial under section 823 of such chapter (article 23 of the Uniform Code of Military Justice), but not lower than the following:CommentsClose CommentsPermalink





(A) In the case of a training command, the first brigadier general, or, in the case of the Navy, the first rear admiral (lower half), with a legal advisor (or access to a legal advisor) in the chain of command of the person accused of committing the offense.CommentsClose CommentsPermalink





(B) In the case of any other command, the first colonel, or in the case of the Navy, the first captain, with a legal advisor (or access to a legal advisor) in the chain of command of the person accused of committing the offense.CommentsClose CommentsPermalink





(2) COVERED OFFENSES- Paragraph (1) applies with respect to a charge that alleges any of the following offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice):CommentsClose CommentsPermalink





(A) Rape or sexual assault under subsection (a) or (b) of section 920 of such chapter (article 120 of the Uniform Code of Military Justice).CommentsClose CommentsPermalink





(B) Forcible sodomy under section 925 of such chapter (article 125 of the Uniform Code of Military Justice).CommentsClose CommentsPermalink





(C) An attempt to commit an offense specified in subparagraph (A) or (B), as punishable under section 880 of such chapter (article 80 of the Uniform Code of Military Justice).CommentsClose CommentsPermalink





(b) Implementation-CommentsClose CommentsPermalink





(1) SECRETARIES OF MILITARY DEPARTMENTS- The Secretaries of the military departments shall revise policies and procedures as necessary to comply with subsection (a).CommentsClose CommentsPermalink





(2) SECRETARY OF DEFENSE- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with subsection (a).CommentsClose CommentsPermalink

SEC. 4. POLICY OF THE UNITED STATES ON DISPOSITION OF CHARGES INVOLVING CERTAIN SEXUAL MISCONDUCT OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE THROUGH COURTS-MARTIAL.

(a) Statement of Policy- It shall be the policy of the United States that any charge regarding an offense specified in subsection (b) should be disposed of by court-martial, rather than by non-judicial punishment or administrative action.CommentsClose CommentsPermalink





(b) Covered Offenses- An offense specified in this subsection is any of the following offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice):CommentsClose CommentsPermalink





(1) Rape or sexual assault under subsection (a) or (b) of section 920 of such chapter (article 120 of the Uniform Code of Military Justice).CommentsClose CommentsPermalink





(2) Forcible sodomy under section 925 of such chapter (article 125 of the Uniform Code of Military Justice).CommentsClose CommentsPermalink





(3) An attempt to commit an offense specified in paragraph (1) or (2), as punishable under section 880 of such chapter (article 80 of the Uniform Code of Military Justice).CommentsClose CommentsPermalink





(c) Justification for Disposition Other Than by Court-Martial- In the case of any charge regarding an offense specified in subsection (b) that is disposed of by non-judicial punishment or administrative action, rather than by court-martial, the disposition authority provided for in section 3 shall include in the case file a justification for the disposition of the charge by non-judicial punishment or administrative action, rather than by court-martial.CommentsClose CommentsPermalink

SEC. 5. INCLUSION AND COMMAND REVIEW OF INFORMATION ON SEXUAL-RELATED OFFENSES IN PERSONNEL SERVICE RECORDS OF MEMBERS OF THE ARMED FORCES.

(a) Information on Substantiated Reports on Sexual-Related Offenses-CommentsClose CommentsPermalink





(1) IN GENERAL- If a complaint of a sexual-related offense is made against a member of the Armed Forces and the complaint is substantiated, a notation to that effect shall be placed in the personnel service record of the member, regardless of the member’s grade.CommentsClose CommentsPermalink





(2) PURPOSE- The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert commanders to the members of their command who have received courts-martial conviction, non-judicial punishment, or administrative action for sexual-related offenses in order to reduce the likelihood that repeat offenses will escape the notice of commanders.CommentsClose CommentsPermalink





(b) Limitation on Placement- A notation under subsection (a) may not be placed in the restricted section of the personnel service record of a member.CommentsClose CommentsPermalink





(c) Construction- Nothing in subsection (a) or (b) may be construed to prohibit or limit the capacity of a member of the Armed Forces to challenge or appeal the placement of a notation, or location of placement of a notation, in the member’s personnel service record in accordance with procedures otherwise applicable to such challenges or appeals.CommentsClose CommentsPermalink





(d) Substantiated Complaints- For purposes of implementing this section, the Secretary of Defense shall use the definition of substantiated developed for purposes of the annual report on sexual assaults involving members of the Armed Forces prepared under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note).CommentsClose CommentsPermalink





(e) Command Review of History of Sexual-Related Offenses of Members Upon Assignment or Transfer to New Unit-CommentsClose CommentsPermalink





(1) REVIEW REQUIRED- Under uniform regulations prescribed by the Secretary of Defense, the commanding officer of a facility, installation, or unit to which a member of the Armed Forces described in paragraph (2) is permanently assigned or transferred shall review the history of substantiated sexual offenses of the member in order to familiarize such officer with such history of the member.CommentsClose CommentsPermalink





(2) COVERED MEMBERS- A member of the Armed Forces described in this paragraph is a member of the Armed Forces who, at the time of assignment or transfer as described in paragraph (1), has a history of one or more substantiated sexual offenses as documented in the personnel service record of such member or such other records or files as the Secretary shall specify in the regulations prescribed under paragraph (1).CommentsClose CommentsPermalink

SEC. 6. COLLECTION AND RETENTION OF RECORDS ON DISPOSITION OF REPORTS OF SEXUAL ASSAULT.

(a) Collection- The Secretary of Defense shall require that the Secretary of each military department establish a record on the disposition of any report of sexual assault, whether such disposition is court-martial, non-judicial punishment, or other administrative action. The record of any such disposition shall include the following, as appropriate:CommentsClose CommentsPermalink





(1) Documentary information collected about the incident reported.CommentsClose CommentsPermalink





(2) Punishment imposed, including the sentencing by judicial or non-judicial means including incarceration, fines, restriction, and extra duty as a result of military court-martial, Federal and local court and other sentencing, or any other punishment imposed.CommentsClose CommentsPermalink





(3) Reasons for the selection of the disposition and punishments selected.CommentsClose CommentsPermalink





(4) Administrative actions taken, if any.CommentsClose CommentsPermalink





(5) Any pertinent referrals offered as a result of the incident (such as drug and alcohol counseling and other types of counseling or intervention).CommentsClose CommentsPermalink





(b) Retention- The Secretary of Defense shall require that--CommentsClose CommentsPermalink





(1) the records established pursuant to subsection (a) be retained by the Department of Defense for a period of not less than 50 years; andCommentsClose CommentsPermalink





(2) a copy of such records be maintained at a centralized location for the same period as applies to retention of the records under paragraph (1).CommentsClose CommentsPermalink

SEC. 7. RETENTION OF CERTAIN FORMS IN CONNECTION WITH RESTRICTED REPORTS ON SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES.

(a) Period of Retention- The Secretary of Defense shall ensure that all copies of Department of Defense Form 2910 and Department of Defense Form 2911 filed in connection with a Restricted Report on an incident of sexual assault involving a member of the Armed Forces shall be retained for the longer of--CommentsClose CommentsPermalink





(1) 50 years commencing on the date of signature of the member on Department of Defense Form 2910; orCommentsClose CommentsPermalink





(2) the time provided for the retention of such forms in connection with Unrestricted Reports on incidents of sexual assault involving members of the Armed Forces under Department of Defense Directive-Type Memorandum (DTM) 11-062, entitled ‘Document Retention in Cases of Restricted and Unrestricted Reports of Sexual Assault’, or any successor directive or policy.CommentsClose CommentsPermalink





(b) Protection of Confidentiality- Any Department of Defense form retained under subsection (a) shall be retained in a manner that protects the confidentiality of the member of the Armed Forces concerned in accordance with procedures for the protection of confidentiality of information in Restricted Reports under Department of Defense memorandum JTF-SAPR-009, relating to the Department of Defense policy on confidentiality for victims of sexual assault, or any successor policy or directive.CommentsClose CommentsPermalink

SEC. 8. ENHANCEMENT OF ANNUAL REPORTS REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.

(a) In General- Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (3) and inserting the following new paragraph (3):CommentsClose CommentsPermalink





‘(3) A synopsis of each such substantiated case, organized by offense, and, for each such case, the action taken in such case, including the following information:CommentsClose CommentsPermalink





‘(A) The type of disciplinary or administrative sanction imposed, if any, including courts-martial sentences, non-judicial punishments administered by commanding officers pursuant to section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), and administrative separations.CommentsClose CommentsPermalink





‘(B) A description of and rationale for the final disposition and punishment, regardless of type of disciplinary or administrative sanction imposed, including, in a case in which an Article 32 investigating officer recommended dismissal of the charges, an explicit statement of the reasons for such recommendation.CommentsClose CommentsPermalink





‘(C) The unit and location of service at which the incident occurred.CommentsClose CommentsPermalink





‘(D) Whether the accused was previously accused of a substantiated sexual assault or sexual harassment.CommentsClose CommentsPermalink





‘(E) Whether the accused was admitted to the Armed Forces under a moral waiver granted with respect to prior sexual misconduct.CommentsClose CommentsPermalink





‘(F) Whether alcohol was involved in the incident.CommentsClose CommentsPermalink





‘(G) If the member was administratively separated or, in the case of an officer, allowed to resign in lieu of facing a court-martial, the characterization given the service of the member upon separation.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraphsCommentsClose CommentsPermalink





‘(7) The number of applications submitted under section 673 of title 10, United States Code, during the year covered by the report for a permanent change of station or unit transfer for members of the Armed Forces on active duty who are the victim of a sexual assault or related offense, the number of applications denied, and, for each application denied, a description of the reasons why such application was denied.CommentsClose CommentsPermalink





‘(8) An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by commands and installations during the year covered by the report, including trends relating to prevalence of incidents, prosecution of incidents, and avoidance of incidents.CommentsClose CommentsPermalink





‘(9) An assessment of the adequacy of sexual assault prevention and response activities carried out by training commands during the year covered by the report.CommentsClose CommentsPermalink





‘(10) An analysis of the specific factors that may have contributed to sexual assault during the year covered by the report, including sexual harassment and substance abuse, an assessment of the role of such factors in contributing to sexual assaults during that year, and recommendations for mechanisms to eliminate or reduce the incidence of such factors or their contributions to sexual assaults.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply beginning with the report required to be submitted by March 1, 2014, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (as amended by subsection (a)).CommentsClose CommentsPermalink

SEC. 9. INDEPENDENT REVIEW AND ASSESSMENT OF UNIFORM CODE OF MILITARY JUSTICE AND JUDICIAL PROCEEDINGS OF SEXUAL ASSAULT CASES.

(a) Independent Review and Assessment- There is hereby established an independent panel to conduct an independent review and assessment of judicial proceedings under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), involving sexual assault and related offenses for the purpose of developing potential improvements to such proceedings.CommentsClose CommentsPermalink





(b) Independent Panel for Review-CommentsClose CommentsPermalink





(1) COMPOSITION- The panel required by subsection (a) shall be composed of seven members, appointed as provided in paragraph (2) from among private United States citizens who have expertise in military law, civilian law, prosecution of sexual assaults in Federal criminal court, military justice policies, the missions of the Armed Forces, or offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice.CommentsClose CommentsPermalink





(2) APPOINTMENTS- Of the members of the panel--CommentsClose CommentsPermalink





(A) three shall be appointed by the Secretary of Defense;CommentsClose CommentsPermalink





(B) one shall be appointed by the Speaker of the House of Representatives;CommentsClose CommentsPermalink





(C) one shall be appointed by the minority leader of the House of Representatives;CommentsClose CommentsPermalink





(D) one shall be appointed by the majority leader of Senate; andCommentsClose CommentsPermalink





(E) one shall be appointed by the minority leader of the Senate.CommentsClose CommentsPermalink





(3) CHAIR- The chair of the panel shall be appointed by the Secretary from among the members of the panel appointed under paragraph (1).CommentsClose CommentsPermalink





(4) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the life of the panel. Any vacancy in the panel shall be filled in the same manner as the original appointment.CommentsClose CommentsPermalink





(5) DEADLINE FOR APPOINTMENTS- All original appointments to the panel shall be made not later than 120 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(6) MEETINGS- The panel shall meet at the call of the chair.CommentsClose CommentsPermalink





(7) FIRST MEETING- The chair shall call the first meeting of the panel not later than 60 days after the date of the appointment of all the members of the panel.CommentsClose CommentsPermalink





(8) DURATION- The panel shall expire on September 30, 2017.CommentsClose CommentsPermalink





(c) Duties-CommentsClose CommentsPermalink





(1) ANNUAL REVIEW REPORT ON UCMJ AND RECENT REFORMS- The panel required by subsection (a) shall--CommentsClose CommentsPermalink





(A) review and assess on an annual basis judicial proceedings under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), involving sexual assault and related offenses; andCommentsClose CommentsPermalink





(B) prepare on an annual basis a report summarizing the results of the review and assessment under subparagraph (A).CommentsClose CommentsPermalink





(2) CONSIDERATIONS- In conducting reviews and assessments and preparing annual reports under paragraph (1), the panel shall review, evaluate, and assess the following:CommentsClose CommentsPermalink





(A) The advisory sentencing guidelines given by judges in Federal courts and how those guidelines compare to advisory sentencing guidance provided to panels rendering punishments in court-martial proceedings, including whether it would be more beneficial for advisory sentencing guidelines to be provided to panels or for discretion to be given to judges regarding whether to issue advisory sentencing guidelines.CommentsClose CommentsPermalink





(B) The punishments or administrative actions taken in response to sexual assault court-martial proceedings, including the number of punishments or administrative actions taken as rendered by a panel and the number of punishments or administrative actions rendered by a judge and the consistency and proportionality of the decisions, punishments, and administrative actions to the facts of each case compared with Federal and State criminal courts.CommentsClose CommentsPermalink





(C) The court-martial convictions of sexual assaults in the year covered by the report and the number and description of instances when punishments were reduced upon appeal and the instances in which the defendant appealed following a plea agreement, if such information is available.CommentsClose CommentsPermalink





(D) The training level of defense and prosecution trial counsel, including an inventory of the experience of judge advocate general lead trial counsel in each instance and any existing standards or requirements for lead counsel, including their experience in defending or prosecuting sexual assault and related offenses.CommentsClose CommentsPermalink





(E) The extent and nature, if any, of illicit pressure on prosecutors either to bring cases to trial or not bring cases to trial, and any influence of commanders on and over judicial proceedings.CommentsClose CommentsPermalink





(F) The training provided criminal investigators, and the procedures followed to investigate cases before trial.CommentsClose CommentsPermalink





(G) The implementation of recent reforms to offenses relating to sexual assault and related offenses, including the reforms enacted by section 544 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1404) and any other recent reforms.CommentsClose CommentsPermalink





(H) Such other matters and materials as the panel considers appropriate for purposes of the reports.CommentsClose CommentsPermalink





(3) USE OF OTHER STUDIES- In preparing the reports, the panel may review, and incorporate as appropriate, the findings of applicable ongoing and completed studies.CommentsClose CommentsPermalink





(4) FIRST REPORT- Not later than 180 days after its first meeting, the panel shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives its first report under this subsection. The panel shall include in the report such proposals for legislative or administrative action as the panel considers appropriate in light of its review.CommentsClose CommentsPermalink





(d) Powers of Panel-CommentsClose CommentsPermalink





(1) HEARING- The panel may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the panel considers appropriate to carry out its duties under this section.CommentsClose CommentsPermalink





(2) INFORMATION FROM FEDERAL AGENCIES- Upon request by the chair of the panel, any department or agency of the Federal Government may provide information that the panel considers necessary to carry out its duties under this section.CommentsClose CommentsPermalink





(e) Personnel Matters-CommentsClose CommentsPermalink





(1) PAY OF MEMBERS- Members of the panel shall serve without pay by reason of their work on the panel.CommentsClose CommentsPermalink





(2) TRAVEL EXPENSES- The members of the panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance or services for the panel.CommentsClose CommentsPermalink

SEC. 10. PREVENTION AND RESPONSE TO SEXUAL HARASSMENT IN THE ARMED FORCES.

(a) Comprehensive Policy Required-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Equal Opportunity Office of the Department of Defense, develop a comprehensive policy to prevent and respond to sexual harassment in the Armed Forces. The policy shall provide for the following:CommentsClose CommentsPermalink





(A) Training for members of the Armed Forces on the prevention of sexual harassment.CommentsClose CommentsPermalink





(B) Mechanisms for reporting incidents of sexual harassment in the Armed Forces, including procedures for reporting anonymously.CommentsClose CommentsPermalink





(C) Mechanisms for responding to and resolving incidents of alleged sexual harassment incidences involving members of the Armed Forces, including through the prosecution of offenders.CommentsClose CommentsPermalink





(2) REPORT- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the policy required by paragraph (1).CommentsClose CommentsPermalink





(b) Collection and Retention of Records on Disposition of Reports of Sexual Harassment-CommentsClose CommentsPermalink





(1) COLLECTION- The Secretary of Defense shall require that the Secretary of each military department establish a record on the disposition of any report of sexual harassment, whether such disposition is court-martial, non-judicial punishment, or other administrative action. The record of any such disposition shall include the following, as appropriate:CommentsClose CommentsPermalink





(A) Documentary information collected about the incident reported.CommentsClose CommentsPermalink





(B) Punishment imposed, including the sentencing by judicial or non-judicial means including incarceration, fines, restriction, and extra duty as a result of military court-martial, Federal and local court and other sentencing, or any other punishment imposed.CommentsClose CommentsPermalink





(C) Reasons for the selection of the disposition and punishments selected.CommentsClose CommentsPermalink





(D) Administrative actions taken, if any.CommentsClose CommentsPermalink





(E) Any pertinent referrals offered as a result of the incident (such as drug and alcohol counseling and other types of counseling or intervention).CommentsClose CommentsPermalink





(2) RETENTION- The Secretary of Defense shall require that--CommentsClose CommentsPermalink





(A) the records established pursuant to paragraph (1) be retained by the Department of Defense for a period of not less than 50 years; andCommentsClose CommentsPermalink





(B) a copy of such records be maintained at a centralized location for the same period as applies to retention of the records under subparagraph (A).CommentsClose CommentsPermalink





(c) Annual Report on Sexual Harassment Involving Members of the Armed Forces-CommentsClose CommentsPermalink





(1) ANNUAL REPORT ON SEXUAL HARASSMENT- Not later than March 1, 2015, and each March 1 thereafter through March 1, 2018, the Secretary of each military department shall submit to the Secretary of Defense a report on the sexual harassments involving members of the Armed Forces under the jurisdiction of such Secretary during the preceding year. Each Secretary of a military department shall submit the report on a year under this section at the same time as the submittal of the annual report on sexual assaults during that year under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note). In the case of the Secretary of the Navy, separate reports shall be prepared under this section for the Navy and the Marine Corps.CommentsClose CommentsPermalink





(2) CONTENTS- The report of a Secretary of a military department for an Armed Force under paragraph (1) shall contain the following:CommentsClose CommentsPermalink





(A) The number of sexual harassments committed against members of the Armed Force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated.CommentsClose CommentsPermalink





(B) The number of sexual harassments committed by members of the Armed Force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated. The information required by this subparagraph may not be combined with the information required by subparagraph (A).CommentsClose CommentsPermalink





(C) A synopsis of each such substantiated case and, for each such case, the action taken in such case, including the type of disciplinary or administrative sanction imposed, section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice).CommentsClose CommentsPermalink





(D) The policies, procedures, and processes implemented by the Secretary during the year covered by the report in response to incidents of sexual harassment involving members of that Armed Force.CommentsClose CommentsPermalink





(E) Any other matters relating to sexual harassment involving members of the Armed Forces that the Secretary considers appropriate.CommentsClose CommentsPermalink