Sec. 515. Inspections of National Guard
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/bill/117/hr/7900/pcs/section-515·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 1 of title 32, United States Code, is amended by inserting, after section 105, the following new section: The Secretary of the Army and the Secretary of the Air Force shall each prescribe regulations pursuant to which the National Guard of each State shall be inspected not less frequently than once every five years. An inspection of the National Guard of a State under subsection
(a)shall be conducted by— in the case of the Air National Guard, by a qualified member of the regular component of the Air Force or by the inspector general of the Department of the Air Force; or in the case of the Army National Guard, by a qualified member of the regular component of the Army or by the inspector general of the Department of the Army. Each inspection under subsection
(a)shall include— a review and assessment of— the command climate of the National Guard of the State; the extent to which members of such National Guard are treated with dignity and respect; and the compliance of such National Guard with statutory, regulatory, and other applicable requirements relating to— reporting and addressing sex-related offenses and sexual harassment; training in sexual assault prevention and response; and training in suicide prevention; and the inspector’s recommendation as to whether the Secretary of the military department concerned should designate the performance of such National Guard as unsatisfactory, satisfactory, or excellent. Following the conclusion of an inspection of a National Guard of a State under subsection (a), the Secretary of the military department concerned shall— based on the results of the inspection, designate the performance of such National Guard as unsatisfactory, satisfactory, or excellent; and post such designation on a publicly accessible website of the Department of Defense. A National Guard of a State that receives a designation of unsatisfactory under subsection
(d)shall be reinspected in accordance with this section not later one year after the conclusion of the inspection that resulted in such designation. Not later than 90 days, after the conclusion of each inspection under this section, the Secretary of the military department concerned shall submit a report on the results of such inspection— to the Secretary of Defense; and to the Committees on Armed Services of the Senate and the House of Representatives. Each report under paragraph
(1)shall— summarize the results of the inspection with respect to each element specified in subsection (c); indicate the designation issued for the National Guard of the State under subsection (d); and in the case of a National Guard of a State that received a designation of unsatisfactory under subsection
(d)after a reinspection under subsection (e), include the Secretary’s recommendation as to whether— Federal funds should be withheld from such National Guard; or such National Guard unit should be transferred to another State. In this section: The term sex-related offense means an alleged sex-related offense (as defined in section 1044e(h) of this title). The term sexual harassment means the offense of sexual harassment as punishable under section 934 of this title (article 134 of the Uniform Code of Military Justice) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article). The term State has the meaning given such term in section 901 of this title. . The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 105 the following new item: 105A. Additional inspections. .