2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES (§§ 1561 - 1567a)
Section 1561 - Complaints of sexual harassment: investigation by commanding officers
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES Sec. 1561 - Complaints of sexual harassment: investigation by commanding officers |
Contains | section 1561 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Short Titles | 'Armed Forces Domestic Security Act'."</p> |
Source Credit | Added Pub. L. 105-85, div. A, title V, §591(a)(1), Nov. 18, 1997, 111 Stat. 1760. |
Statutes at Large References | 80 Stat. 1016 81 Stat. 220 108 Stat. 2759 111 Stat. 1760, 1762 116 Stat. 2455 118 Stat. 1926 119 Stat. 3282, 3283 120 Stat. 2230 122 Stat. 4470, 4471 123 Stat. 2314, 2345 124 Stat. 4377, 4429, 4430, 4433 125 Stat. 1432, 1433, 1434 126 Stat. 1753, 1755, 1756, 1757, 1758, 1762, 1763 127 Stat. 778, 876, 964, 970, 971, 979, 982 |
Public Law References | Public Law 89-690, Public Law 90-83, Public Law 103-337, Public Law 105-85, Public Law 107-311, Public Law 108-375, Public Law 109-163, Public Law 109-364, Public Law 110-417, Public Law 111-84, Public Law 111-383, Public Law 112-81, Public Law 112-239, Public Law 113-66 |
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(a)
(b)
(1) forward the complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial;
(2) commence, or cause the commencement of, an investigation of the complaint; and
(3) advise the complainant of the commencement of the investigation.
(c)
(d)
(1) submit a final report on the results of the investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or
(2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer.
(e)
(1) Conduct (constituting a form of sex discrimination) that—
(A) involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when—
(i) submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career;
(ii) submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or
(iii) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment; and
(B) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the work environment as hostile or offensive.
(2) Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a member of the armed forces or a civilian employee of the Department of Defense.
(3) Any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature in the workplace by any member of the armed forces or civilian employee of the Department of Defense.
(Added Pub. L. 105–85, div. A, title V, §591(a)(1), Nov. 18, 1997, 111 Stat. 1760.)
PRIOR PROVISIONSPrior sections 1571 to 1577, Pub. L. 89–690, §1, Oct. 15, 1966, 80 Stat. 1016, related to creation of Exemplary Rehabilitation Certificates to be issued by the Secretary of Labor to persons discharged or dismissed from the Armed Forces under conditions other than honorable or to persons who had received a general discharge but who had established that they had rehabilitated themselves and established the administrative and other authority in connection therewith, prior to repeal by Pub. L. 90–83, §3(2), Sept. 11, 1967, 81 Stat. 220.
SHORT TITLE OF 2002 AMENDMENTPub. L. 107–311, §1, Dec. 2, 2002, 116 Stat. 2455, provided that: "This Act [enacting section 1561a of this title] may be cited as the 'Armed Forces Domestic Security Act'."
IMPROVED CLIMATE ASSESSMENTS AND DISSEMINATION OF RESULTSPub. L. 113–66, div. A, title V, §587, Dec. 26, 2013, 127 Stat. 778, provided that:
"(a)
"(b)
"(c)
Pub. L. 113–66, div. A, title XVII, §1725(b), Dec. 26, 2013, 127 Stat. 971, provided that:
"(1)
"(2)
"(3)
Pub. L. 113–66, div. A, title XVII, §1742, Dec. 26, 2013, 127 Stat. 979, provided that:
"(a)
"(b)
Pub. L. 113–66, div. A, title XVII, §1743, Dec. 26, 2013, 127 Stat. 979, provided that:
"(a)
"(1) The installation commander, if such incident occurred on or in the vicinity of a military installation.
"(2) The first officer in the grade of 0–6, and the first general officer or flag officer, in the chain of command of the victim.
"(3) The first officer in the grade of 0–6, and the first general officer or flag officer, in the chain of command of the alleged offender if the alleged offender is a member of the Armed Forces.
"(b)
"(c)
"(1)
"(A) Time/Date/Location of the alleged incident.
"(B) Type of offense alleged.
"(C) Service affiliation, assigned unit, and location of the victim.
"(D) Service affiliation, assigned unit, and location of the alleged offender, including information regarding whether the alleged offender has been temporarily transferred or removed from an assigned billet or ordered to pretrial confinement or otherwise restricted, if applicable.
"(E) Post-incident actions taken in connection with the incident, including the following:
"(i) Referral of the victim to a Sexual Assault Response Coordinator for referral to services available to members of the Armed Forces who are victims of sexual assault, including the date of each such referral.
"(ii) Notification of incident to appropriate military criminal investigative organization, including the organization notified and date of such notification.
"(iii) Receipt and processing status of a request for expedited victim transfer, if applicable.
"(iv) Issuance of any military protective orders in connection with the incident.
"(2)
"(A)
"(B)
"(d)
Pub. L. 113–66, div. A, title XVII, §1745, Dec. 26, 2013, 127 Stat. 982, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"(1)
"(2)
Pub. L. 112–239, div. A, title V, §573, Jan. 2, 2013, 126 Stat. 1755, provided that:
"(a)
"(1) investigating and prosecuting allegations of child abuse, serious domestic violence, or sexual offenses; and
"(2) providing support for the victims of such offenses.
"(b)
"(1) investigators from the Army Criminal Investigative Command, Naval Criminal Investigative Service, or Air Force Office of Special Investigations;
"(2) judge advocates;
"(3) victim witness assistance personnel; and
"(4) administrative paralegal support personnel.
"(c)
"(d)
"(1)
"(2)
"(e)
"(1)
"(A) the plans and time lines of the Secretaries of the military departments for the establishment of the special victims capabilities; and
"(B) an assessment by the Secretary of Defense of the plans and time lines.
"(2)
"(f)
"(1) prescribe the common criteria to be used by the Secretaries of the military departments to measure the effectiveness and impact of the special victim capabilities from the investigative, prosecutorial, and victim's perspectives; and
"(2) require the Secretaries of the military departments to collect and report the data used to measure such effectiveness and impact.
"(g)
Pub. L. 112–239, div. A, title V, §577, Jan. 2, 2013, 126 Stat. 1762, as amended by Pub. L. 113–66, div. A, title XVII, §1723, Dec. 26, 2013, 127 Stat. 970, provided that:
"(a)
"(1) 50 years commencing on the date of signature of the member on Department of Defense Form 2910; or
"(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.
"(b)
Pub. L. 112–239, div. A, title V, §578, Jan. 2, 2013, 126 Stat. 1763, provided that:
"(a)
"(1) made an Unrestricted Report of a sexual assault;
"(2) within one year after making the Unrestricted Report of a sexual assault, is recommended for involuntary separation from the Armed Forces; and
"(3) requests the review on the grounds that the member believes the recommendation for involuntary separation from the Armed Forces was initiated in retaliation for making the report.
"(b)
"(c)
"(d)
Pub. L. 112–239, div. A, title V, §579, Jan. 2, 2013, 126 Stat. 1763, provided that:
"(a)
"(1)
"(A) Training for members of the Armed Forces on the prevention of sexual harassment.
"(B) Mechanisms for reporting incidents of sexual harassment in the Armed Forces, including procedures for reporting anonymously.
"(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.
"(2)
"(3)
"(b)
"(1)
"(2)
"(3)
Pub. L. 112–81, div. A, title V, §584, Dec. 31, 2011, 125 Stat. 1432, as amended by Pub. L. 113–66, div. A, title XVII, §1724, Dec. 26, 2013, 127 Stat. 970, provided that:
"(a)
"(1)
"(2)
"(A) is the victim of a sexual assault during the performance of duties as a member of the National Guard or Reserves; or
"(B) is the victim of a sexual assault committed by a member of the National Guard or Reserves.
"(3)
"(b)
"(1)
"(2)
"(c)
"(1)
"(2)
"(3)
"(d)
"(1) The term 'armed forces' means the Army, Navy, Air Force, and Marine Corps.
"(2) The term 'sexual assault prevention and response program' has the meaning given such term in section 1601(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note)."
TRAINING AND EDUCATION PROGRAMS FOR SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAMPub. L. 113–66, div. A, title XVII, §1713(c), Dec. 26, 2013, 127 Stat. 964, provided that: "The Secretary of Defense shall provide for the inclusion of information and discussion regarding the availability and use of the authority described by section 674 of title 10, United States Code, as added by subsection (a), as part of the training for new and prospective commanders at all levels of command required by section 585(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note)."
Pub. L. 112–81, div. A, title V, §585, Dec. 31, 2011, 125 Stat. 1434, as amended by Pub. L. 112–239, div. A, title V, §574, Jan. 2, 2013, 126 Stat. 1756; Pub. L. 113–66, div. A, title X, §1091(c)(2), Dec. 26, 2013, 127 Stat. 876, provided that:
"(a)
"(1)
"(2)
"(3)
"(b)
"(c)
"(1)
"(2)
"(d)
"(1) Fostering a command climate that does not tolerate sexual assault.
"(2) Fostering a command climate in which persons assigned to the command are encouraged to intervene to prevent potential incidents of sexual assault.
"(3) Fostering a command climate that encourages victims of sexual assault to report any incident of sexual assault.
"(4) Understanding the needs of, and the resources available to, the victim after an incident of sexual assault.
"(5) Use of military criminal investigative organizations for the investigation of alleged incidents of sexual assault.
"(6) Available disciplinary options, including court-martial, non-judicial punishment, administrative action, and deferral of discipline for collateral misconduct, as appropriate.
"(e)
"(1)
"(A) the member's initial entrance on active duty; or
"(B) the member's initial entrance into a duty status with a reserve component.
"(2)
"(A) Department of Defense policy with respect to sexual assault.
"(B) The resources available with respect to sexual assault reporting and prevention and the procedures to be followed by a member seeking to access those resources."
[Pub. L. 113–66, div. A, title X, §1091(c), Dec. 26, 2013, 127 Stat. 876, provided in part that the amendment made by section 1091(c)(2) to section 585 of Pub. L. 112–81, set out above, is effective as of Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.]
DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON RETENTION AND ACCESS TO EVIDENCE AND RECORDS RELATING TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCESPub. L. 112–81, div. A, title V, §586(a)–(d), Dec. 31, 2011, 125 Stat. 1434, 1435, provided that:
"(a)
"(b)
"(c)
"(1) Identification of records, including non-Department of Defense records, relating to an incident of sexual assault, that must be retained.
"(2) Criteria for collection and retention of records.
"(3) Identification of physical evidence and non-documentary forms of evidence relating to sexual assaults that must be retained.
"(4) Length of time records, including Department of Defense Forms 2910 and 2911, and evidence must be retained, except that—
"(A) the length of time physical evidence and forensic evidence must be retained shall be not less than five years; and
"(B) the length of time documentary evidence relating to sexual assaults must be retained shall be not less than the length of time investigative records relating to reports of sexual assaults of that type (restricted or unrestricted reports) must be retained.
"(5) Locations where records must be stored.
"(6) Media which may be used to preserve records and assure access, including an electronic systems [sic] of records.
"(7) Protection of privacy of individuals named in records and status of records under section 552 of title 5, United States Code (commonly referred to as the 'Freedom of Information Act'), section 552a of title 5, United States Code (commonly referred to as the 'Privacy Act'), restricted reporting cases, and laws related to privilege.
"(8) Access to records by victims of sexual assault, the Department of Veterans Affairs, and others, including alleged assailants and law enforcement authorities.
"(9) Responsibilities for record retention by the military departments.
"(10) Education and training on record retention requirements.
"(11) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault.
"(d)
Pub. L. 112–239, div. A, title V, §572, Jan. 2, 2013, 126 Stat. 1753, as amended by Pub. L. 113–66, div. A, title XVII, §1721, Dec. 26, 2013, 127 Stat. 970, provided that:
"(a)
"(1) Subject to subsection (b), a requirement that the Secretary of each military department establish a record on the disposition of any Unrestricted Report of sexual assault involving a member of the Armed Forces, whether such disposition is court martial, nonjudicial punishment, or other administrative action.
"(2) A requirement that the Secretary of each military department establish policies to require the processing for administrative separation of any member of the Armed Forces under the jurisdiction of such Secretary whose conviction for a covered offense is final and who is not punitively discharged from the Armed Forces in connection with such conviction. Such requirement—
"(A) shall ensure that any separation decision is based on the full facts of the case and that due process procedures are provided under regulations prescribed by the Secretary of Defense; and
"(B) shall not be interpreted to limit or alter the authority of the Secretary of the military department concerned to process members of the Armed Forces for administrative separation for other offenses or under other provisions of law.
"(3) A requirement that the commander of each military command and other units specified by the Secretary of Defense for purposes of the policy shall conduct, within 120 days after the commander assumes command and at least annually thereafter while retaining command, a climate assessment of the command or unit for purposes of preventing and responding to sexual assaults. The climate assessment shall include an opportunity for members of the Armed Forces to express their opinions regarding the manner and extent to which their leaders, including commanders, respond to allegations of sexual assault and complaints of sexual harassment and the effectiveness of such response.
"(4) A requirement to post and widely disseminate information about resources available to report and respond to sexual assaults, including the establishment of hotline phone numbers and Internet websites available to all members of the Armed Forces.
"(5) A requirement for a general education campaign to notify members of the Armed Forces regarding the authorities available under chapter 79 of title 10, United States Code, for the correction of military records when a member experiences any retaliatory personnel action for making a report of sexual assault or sexual harassment.
"(b)
"(1)
"(A) Documentary information collected about the incident, other than investigator case notes.
"(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 or local court and other sentencing, or any other punishment imposed.
"(C) Adverse administrative actions taken against the subject of the investigation, if any.
"(D) Any pertinent referrals made for the subject of the investigation, offered as a result of the incident, such as drug and alcohol counseling and other types of counseling or intervention.
"(2)
"(A) the disposition records established pursuant to subsection (a)(1) be retained for a period of not less than 20 years; and
"(B) information from the records that satisfies the reporting requirements established in section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) be incorporated into the Defense Sexual Assault Incident Database and maintained for the same period as applies to retention of the records under subparagraph (A).
"(c)
"(1) Rape or sexual assault under subsection (a) or (b) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice).
"(2) Forcible sodomy under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice).
"(3) An attempt to commit an offense specified in paragraph (1) or (2) under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice).
"(d)
Pub. L. 111–383, div. A, title XVI, Jan. 7, 2011, 124 Stat. 4429, as amended by Pub. L. 112–81, div. A, title V, §583, Dec. 31, 2011, 125 Stat. 1432; Pub. L. 112–239, div. A, title V, §575(a), (b), Jan. 2, 2013, 126 Stat. 1757, 1758; Pub. L. 113–66, div. A, title XVII, §§1725(a), 1726, Dec. 26, 2013, 127 Stat. 971, 972, provided that:
"SEC. 1601. DEFINITION OF DEPARTMENT OF DEFENSE SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM AND OTHER DEFINITIONS."(a)
"(1) are intended to reduce the number of sexual assaults involving members of the Armed Forces, whether members are the victim, alleged assailant, or both; and
"(2) improve the response of the Department of Defense, the military departments, and the Armed Forces to reports of sexual assaults involving members of the Armed Forces, whether members are the victim, alleged assailant, or both, and to reports of sexual assaults when a covered beneficiary under chapter 55 of title 10, United States Code, is the victim.
"(b)
"(1) The term 'Armed Forces' means the Army, Navy, Air Force, and Marine Corps.
"(2) The terms 'covered beneficiary' and 'dependent' have the meanings given those terms in section 1072 of title 10, United States Code.
"(3) The term 'department' has the meaning given that term in section 101(a)(6) of title 10, United States Code.
"(4) The term 'military installation' has the meaning given that term by the Secretary concerned.
"(5) The term 'Secretary concerned' means—
"(A) the Secretary of the Army, with respect to matters concerning the Army;
"(B) the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and
"(C) the Secretary of the Air Force, with respect to matters concerning the Air Force.
"(6) The term 'sexual assault' has the definition developed for that term by the Secretary of Defense pursuant to subsection (a)(3) of section 577 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 113 note) [now set out below], subject to such modifications as the Secretary considers appropriate.
"SEC. 1602. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM."(a)
"(1) builds upon the comprehensive sexual assault prevention and response policy developed under subsections (a) and (b) of section 577 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 113 note) [now set out below];
"(2) incorporates into the sexual assault prevention and response program the new requirements identified by this title; and
"(3) ensures that the policies and procedures of the military departments regarding sexual assault prevention and response are consistent with the revised comprehensive policy.
"(b)
"(c)
"(1)
"(2)
"(d)
"(1) describing the process by which the comprehensive policy required by subsection (a) is being revised;
"(2) describing the extent to which revisions of the comprehensive policy and the evaluation plan required by subsection (c) have already been implemented; and
"(3) containing a determination by the Secretary regarding whether the Secretary will be able to comply with the revision deadline specified in subsection (a).
"(e)
"(1)
"(2)
"(A) the qualifications necessary for a member of the Armed Forces or a civilian employee of the Department of Defense to be selected for assignment to duty as a Sexual Assault Response and Prevention Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim Advocate, whether assigned to such duty on a full-time or part-time basis;
"(B) consistent with section 584(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note; 125 Stat. 1433), the training, certification, and status of members of the Armed Forces and civilian employees of the department assigned to duty as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for the Armed Forces; and
"(C) the curricula to be used to provide sexual assault prevention and response training and education for members of the Armed Forces and civilian employees of the department to strengthen individual knowledge, skills, and capacity to prevent and respond to sexual assault.
"(3)
"(a)
"(b)
"(1) oversee implementation of the comprehensive policy for the Department of Defense sexual assault prevention and response program;
"(2) serve as the single point of authority, accountability, and oversight for the sexual assault prevention and response program;
"(3) provide oversight to ensure that the military departments comply with the sexual assault prevention and response program;
"(4) collect and maintain data of the military departments on sexual assault in accordance with subsection (e);
"(5) act as liaison between the Department of Defense and other Federal and State agencies on programs and efforts relating to sexual assault prevention and response; and
"(6) oversee development of strategic program guidance and joint planning objectives for resources in support of the sexual assault prevention and response program, and make recommendations on modifications to policy, law, and regulations needed to ensure the continuing availability of such resources.
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(e)
"(a)
"(b)
"(a)
"(1) describing the status of development and implementation of the centralized Department of Defense sexual assault database required by section 563 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4470; 10 U.S.C. 113 note) [now set out below];
"(2) containing a revised implementation plan under subsection (c) of such section for completing implementation of the database; and
"(3) indicating the date by which the database will be operational.
"(b)
"The Secretary of Defense shall clarify the limitations on the ability of a member of the Armed Forces to make a restricted report regarding the occurrence of a sexual assault and the circumstances under which information contained in a restricted report may no longer be confidential.
"SUBTITLE B—IMPROVED AND EXPANDED AVAILABILITY OF SERVICES "SEC. 1621. IMPROVED PROTOCOLS FOR PROVIDING MEDICAL CARE FOR VICTIMS OF SEXUAL ASSAULT."The Secretary of Defense shall establish comprehensive and consistent protocols for providing and documenting medical care to a member of the Armed Forces or covered beneficiary who is a victim of a sexual assault, including protocols with respect to the appropriate screening, prevention, and mitigation of diseases. In establishing the protocols, the Secretary shall take into consideration the gender of the victim.
"SEC. 1622. SEXUAL ASSAULT VICTIMS ACCESS TO VICTIM ADVOCATE SERVICES."(a)
"(1)
"(2)
"(b)
"(c)
"(a)
"(b)
"(1) The number of sexual assaults 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.
"(2) The number of sexual assaults 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 paragraph may not be combined with the information required by paragraph (1).
"(3) A synopsis of each such substantiated case, organized by offense, and, for each such case, the action taken in the case, including 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.
"(4) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by the report in response to incidents of sexual assault involving members of the Armed Force concerned.
"(5) The number of substantiated sexual assault cases in which the victim is a deployed member of the Armed Forces and the assailant is a foreign national, and the policies, procedures, and processes implemented by the Secretary concerned to monitor the investigative processes and disposition of such cases and any actions taken to eliminate any gaps in investigating and adjudicating such cases.
"(6) A description of the implementation of the accessibility plan implemented pursuant to section 596(b) of such Act [probably means section 596(b) of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. 109–163, set out below], including a description of the steps taken during that year to ensure that trained personnel, appropriate supplies, and transportation resources are accessible to deployed units in order to provide an appropriate and timely response in any case of reported sexual assault in a deployed unit, location, or environment.
"(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 the application was denied.
"(8) An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by units, commands, and installations during the year covered by the report, including trends relating to prevalence of incidents, prosecution of incidents, and avoidance of incidents.
"(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.
"(10) An analysis of the specific factors that may have contributed to sexual assault during the year covered by the report, 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.
"(c)
"(d)
"(1) the results of assessments conducted under the evaluation plan required by section 1602(c); and
"(2) such assessments on the reports as the Secretary of Defense considers appropriate.
"(e)
"(1) [Amended section 577 of Pub. L. 108–375, set out below.]
"(2)
"(f)
"(1) If charges are dismissed following an investigation conducted under section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), the case synopsis shall include the reason for the dismissal of the charges.
"(2) If the case synopsis states that a member of the Armed Forces accused of committing a sexual assault was administratively separated or, in the case of an officer, allowed to resign in lieu of facing a court-martial, the case synopsis shall include the characterization (honorable, general, or other than honorable) given the service of the member upon separation.
"(3) The case synopsis shall indicate whether a member of the Armed Forces accused of committing a sexual assault was ever previously accused of a substantiated sexual assault or was admitted to the Armed Forces under a moral waiver granted with respect to prior sexual misconduct.
"(4) The case synopsis shall indicate the branch of the Armed Forces of each member accused of committing a sexual assault and the branch of the Armed Forces of each member who is a victim of a sexual assault.
"(5) If the case disposition includes non-judicial punishment, the case synopsis shall explicitly state the nature of the punishment.
"(6) The case synopsis shall indicate whether alcohol was involved in any way in a substantiated sexual assault incident.
"SEC. 1632. ADDITIONAL REPORTS."(a)
"(1) are victims of a sexual assault; and
"(2) work on or in the vicinity of a military installation or with members of the Armed Forces.
"(b)
"(1) The ability of members of the reserve components to access the services available under the sexual assault prevention and response program, including policies and programs of a specific military department or Armed Force.
"(2) The quality of training provided to Sexual Assault Response Coordinators and Sexual Assault Victim Advocates in the reserve components.
"(3) The degree to which the services available for regular and reserve members under the sexual assault prevention and response program are integrated.
"(4) Such recommendations as the Secretary of Defense considers appropriate on how to improve the services available for reserve members under the sexual assault prevention and response program and their access to the services.
"(c)
"(d)
"(e)
"(f)
[Pub. L. 112–239, div. A, title V, §575(c), Jan. 2, 2013, 126 Stat. 1758. provided that: "The amendments made by this section [amending section 1631 of Pub. L. 111–383, set out above] shall apply beginning with the report regarding sexual assaults involving members of the Armed Forces required to be submitted by March 1, 2014, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 [Pub. L. 111–383]."]
DEFENSE INCIDENT-BASED REPORTING SYSTEM AND DEFENSE SEXUAL ASSAULT INCIDENT DATABASEPub. L. 111–84, div. A, title V, §598, Oct. 28, 2009, 123 Stat. 2345, provided that: "Not later than 120 days after the date of the enactment of this Act [Oct. 28, 2009], and every six months thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing the progress of the Secretary with respect to the completion of the following:
"(1) The Defense Incident-Based Reporting System.
"(2) The Defense Sexual Assault Incident Database."
Pub. L. 110–417, [div. A], title V, §563(a)–(d), Oct. 14, 2008, 122 Stat. 4470, 4471, provided that:
"(a)
"(b)
"(c)
"(1)
"(2)
"(A) a description of the current status of the Defense Incident-Based Reporting System; and
"(B) an explanation of how the Defense Incident-Based Reporting System will relate to the database required by subsection (a).
"(3)
"(d)
"(1) section 577(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375) [set out below];
"(2) section 596(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) [amending Pub. L. 108–375, §577, set out below];
"(3) section 532 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) [enacting sections 4361, 6980, and 9361 of this title and provisions set out as a note under section 4361 of this title and repealing provisions set out as a note under section 4331 of this title]; and
"(4) sections 4361, 6980, and 9361 of title 10, United States Code."
IMPROVEMENT TO DEPARTMENT OF DEFENSE CAPACITY TO RESPOND TO SEXUAL ASSAULT AFFECTING MEMBERS OF THE ARMED FORCESPub. L. 109–163, div. A, title V, §596(a), (b), Jan. 6, 2006, 119 Stat. 3282, provided that:
"(a)
"(1)
"(2)
"(b)
"(1)
"(A) A plan for the training of personnel who are considered to be 'first responders' to sexual assaults (including criminal investigators, medical personnel responsible for rape kit evidence collection, and victims advocates), such training to include current techniques on the processing of evidence, including rape kits, and on conducting investigations.
"(B) A plan for ensuring the availability at military hospitals of supplies needed for the treatment of victims of sexual assault who present at a military hospital, including rape kits, equipment for processing rape kits, and supplies for testing and treatment for sexually transmitted infections and diseases, including HIV, and for testing for pregnancy.
"(2)
Pub. L. 111–84, div. A, title V, §567(c), Oct. 28, 2009, 123 Stat. 2314, provided that:
"(1)
"(A)
"(i) whether a military protective order was issued that involved either the victim or alleged perpetrator of a sexual assault; and
"(ii) whether military protective orders involving members of the Armed Forces were violated in the course of substantiated incidents of sexual assaults against members of the Armed Forces.
"(B)
"(2)
Pub. L. 108–375, div. A, title V, §577, Oct. 28, 2004, 118 Stat. 1926, as amended by Pub. L. 109–163, div. A, title V, §596(c), Jan. 6, 2006, 119 Stat. 3283; Pub. L. 109–364, div. A, title V, §583, Oct. 17, 2006, 120 Stat. 2230; Pub. L. 110–417, [div. A], title V, §563(e), Oct. 14, 2008, 122 Stat. 4471; Pub. L. 111–383, div. A, title X, §1075(i)(1), title XVI, §1631(e)(1), Jan. 7, 2011, 124 Stat. 4377, 4435, provided that:
"(a)
"(2) The policy shall be based on the recommendations of the Department of Defense Task Force on Care for Victims of Sexual Assaults and on such other matters as the Secretary considers appropriate.
"(3) Before developing the comprehensive policy required by paragraph (1), the Secretary of Defense shall develop a definition of sexual assault. The definition so developed shall be used in the comprehensive policy under paragraph (1) and otherwise within the Department of Defense and Coast Guard in matters involving members of the Armed Forces. The definition shall be uniform for all the Armed Forces and shall be developed in consultation with the Secretaries of the military departments and the Secretary of Homeland Security with respect to the Coast Guard.
"(b)
"(1) Prevention measures.
"(2) Education and training on prevention and response.
"(3) Investigation of complaints by command and law enforcement personnel.
"(4) Medical treatment of victims.
"(5) Confidential reporting of incidents.
"(6) Victim advocacy and intervention.
"(7) Oversight by commanders of administrative and disciplinary actions in response to substantiated incidents of sexual assault.
"(8) Disposition of victims of sexual assault, including review by appropriate authority of administrative separation actions involving victims of sexual assault.
"(9) Disposition of members of the Armed Forces accused of sexual assault.
"(10) Liaison and collaboration with civilian agencies on the provision of services to victims of sexual assault.
"(11) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault.
"(12) Implementation of clear, consistent, and streamlined sexual assault terminology for use throughout the Department of Defense.
"(c)
"(d)
"(e)
"(A) to conform such policies and procedures to the policy developed under subsection (a); and
"(B) to ensure that such policies and procedures include the elements specified in paragraph (2).
"(2) The elements specified in this paragraph are as follows:
"(A) A program to promote awareness of the incidence of sexual assaults involving members of the Armed Forces.
"(B) A program to provide victim advocacy and intervention for members of the Armed Force concerned who are victims of sexual assault, which program shall make available, at home stations and in deployed locations, trained advocates who are readily available to intervene on behalf of such victims.
"(C) Procedures for members of the Armed Force concerned to follow in the case of an incident of sexual assault involving a member of such Armed Force, including—
"(i) specification of the person or persons to whom the alleged offense should be reported;
"(ii) specification of any other person whom the victim should contact;
"(iii) procedures for the preservation of evidence; and
"(iv) procedures for confidential reporting and for contacting victim advocates.
"(D) Procedures for disciplinary action in cases of sexual assault by members of the Armed Force concerned.
"(E) Other sanctions authorized to be imposed in substantiated cases of sexual assault, whether forcible or nonforcible, by members of the Armed Force concerned.
"(F) Training on the policies and procedures for all members of the Armed Force concerned, including specific training for members of the Armed Force concerned who process allegations of sexual assault against members of such Armed Force.
"(G) Any other matters that the Secretary of Defense considers appropriate."
REPORTSPub. L. 105–85, div. A, title V, §591(b), Nov. 18, 1997, 111 Stat. 1762, required each officer receiving a complaint forwarded in accordance with subsec. (b) of this section during 1997 and 1998 to submit to the Secretary of the military department concerned a report on all such complaints and the investigations of such complaints not later than Jan. 1 of each of 1998 and 1999, required each Secretary receiving a report for a year to submit to the Secretary of Defense a report on all reports received not later than Mar. 1 of each of 1998 and 1999, and required the Secretary of Defense to transmit to Congress all reports received for the year together with the Secretary's assessment of each report not later than Apr. 1 following receipt of a report for a year.
DEPARTMENT OF DEFENSE POLICIES AND PROCEDURES ON DISCRIMINATION AND SEXUAL HARASSMENTPub. L. 103–337, div. A, title V, §532, Oct. 5, 1994, 108 Stat. 2759, provided that:
"(a)
"(2) The Secretary shall transmit to Congress the report of the task force not later than October 10, 1994.
"(b)
"(1) review the recommendations for action contained in the report;
"(2) determine which recommendations the Secretary approves for implementation and which recommendations the Secretary disapproves; and
"(3) submit to Congress a report that—
"(A) identifies the approved recommendations and the disapproved recommendations; and
"(B) explains the reasons for each such approval and disapproval.
"(c)
"(2) The Secretary shall issue policy guidance for the implementation of the comprehensive policy and shall require the Secretaries of the military departments to prescribe regulations to implement that policy not later than March 1, 1995.
"(3) The Secretary shall ensure that the policy is implemented uniformly by the military departments insofar as practicable.
"(4) Not later than March 31, 1995, the Secretary of Defense shall submit to Congress a proposal for any legislation necessary to enhance the capability of the Department of Defense to address the issues of unlawful discrimination and sexual harassment.
"(d)
"(2) In revising regulations pursuant to paragraph (1), the Secretary of the Navy and the Secretary of the Air Force may make such additions and modifications as the Secretary of Defense determines appropriate to strengthen those regulations beyond the substantial equivalent of the Army regulations in accordance with—
"(A) the approved recommendations of the Department of Defense Task Force on Discrimination and Sexual Harassment; and
"(B) the experience of the Army, Navy, Air Force, and Marine Corps regarding equal opportunity cases.
"(3) The Secretary of the Army shall review the regulations of the Department of the Army relating to equal opportunity policy and complaint procedures and revise the regulations as the Secretary of Defense considers appropriate to strengthen the regulations in accordance with the recommendations and experience described in subparagraphs (A) and (B) of paragraph (2).
"(e)
"(A) the recommendations of the Advisory Board as to whether the current Department of Defense organizational structure is adequate to oversee all investigative matters related to unlawful discrimination, sexual harassment, and other misconduct related to the gender of the victim; and
"(B) recommendations as to whether additional data collection and reporting procedures are needed to enhance the ability of the Department of Defense to respond to unlawful discrimination, sexual harassment, and other misconduct related to the gender of the victim.
"(2) The Secretary shall transmit to Congress the report of the Advisory Board not later than 15 days after receiving the report.
"(f)
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