Sec. 535. Independent reviews and assessments on race and ethnicity in the investigation, prosecution, and defense of sexual assault in the Armed Forces
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The independent committee established by the Secretary of Defense under section 546 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3374), commonly known as the DAC-IPAD , shall conduct each of the following: A review and assessment, by fiscal year, of the race and ethnicity of members of the Armed Forces accused of a penetrative sexual assault offense or contact sexual assault offense in an unrestricted report made pursuant to Department of Defense Instruction 6495.02, including an unrestricted report involving a spouse or intimate partner, in all cases completed in each fiscal year assessed.
A review and assessment, by fiscal year, of the race and ethnicity of members of the Armed Forces against whom charges were preferred pursuant to Rule for Courts-Martial 307 for a penetrative sexual assault offense or contact sexual assault offense in all cases completed in each fiscal year assessed. A review and assessment, by fiscal year, of the race and ethnicity of members of the Armed Forces who were convicted of a penetrative sexual assault offense or contact sexual assault offense in all cases completed in each fiscal year assessed.
Upon request by the chair of the committee, a department or agency of the Federal Government shall provide information that the committees considers necessary to conduct reviews and assessments required by subsection (a), including military criminal investigation files, charge sheets, records of trial, and personnel records. The committee shall handle and store all records received and reviewed under this section in accordance with applicable privacy laws and Department of Defense policy, and shall return all records so received in a timely manner.
Not later than one year after the date of the enactment of this Act, the committee shall submit to the Secretary of Defense, and to the Committees on Armed Services of the Senate and the House of Representatives, a report setting forth the results of the reviews and assessments required by subsection (a). The report shall include such recommendations for legislative or administrative action as the committee considers appropriate in light of such results. In this section: The term case means an unrestricted report of any penetrative sexual assault offense or contact sexual assault offense made against a member of the Armed Forces pursuant to Department of Defense Instruction 6495.02, including any unrestricted report involving a spouses or intimate partner for which an investigation has been opened by a criminal investigative organization.
The term completed , with respect to a case, means that the case was tried to verdict, dismissed without further action, or dismissed and then resolved by non-judicial or administrative proceedings. The term contact sexual assault offense means aggravated sexual contact, abusive sexual contact, wrongful sexual contact, and attempts to commit such offenses under the Uniform Code of Military Justice. The term penetrative sexual assault offense means rape, aggravated sexual assault, sexual assault, forcible sodomy, and attempts to commit such offenses under the Uniform Code of Military Justice.
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- 128 Stat. 3374
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Sec. 535
Independent reviews and assessments on race and ethnicity in the investigation, prosecution, and defense of sexual assault in the Armed Forces
Stat.128 Stat. 3374
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