Sec. 573. Memorandum of understanding required
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/bill/118/s/2226/es/section-573A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2031(b) of title 10, United States Code, is amended— by redesignating paragraphs
(1)through
(5)as subparagraphs
(A)through (E); by inserting
(1)after
(b); in subparagraph (A), as redesignated by paragraph (1)— by striking
(A)and inserting
(i); and by striking
(B)and inserting
(ii); by amending subparagraph (E), as so redesignated, to read as follows: the unit meets such other requirements as the Secretary of the military department concerned proscribes in the memorandum of understanding required under this subsection. ; and by adding at the end the following new paragraph: The Secretary of Defense shall issue regulations establishing a standardized memorandum of understanding to be signed by the Secretary of the military department concerned and each institution operating a unit under this section. The memorandum shall address the following matters: A requirement for institutions to notify the appropriate armed force of allegations of misconduct against an instructor receiving retired or other pay from such armed force, including procedures that would require such institutions to report allegations of sexual misconduct, including harassment, against an instructor, within 48 hours of learning of such allegations; Processes by which the military departments certify instructors, including the conduct of appropriate background checks by the military service and the institution concerned. Processes by which the military service will conduct oversight of their certified instructors, including the requirement to recertify instructors not less often than once every five years. Processes by which such institution’s program will be inspected by the military department concerned prior to establishment of a new unit, or not less often than once every four years in the case of units existing as of January 1, 2024, staggered as the Secretary determines appropriate. A requirement that each institution certifies it— has created a process for students to report violations of their rights under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), as applicable, and title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), including the rights of students to not be subject to discrimination or subject to retaliation for reporting a violation of those laws, if such laws apply to the institution; has implemented policies ensuring students and instructors are notified of those rights, as well as the process for reporting violations of those rights, including information on available mandatory reporters, if such laws apply to the institution; has implemented annual training to inform students of methods to prevent, respond to, and report sexual assault and harassment; agrees to report all allegations of violations described under this subparagraph to the military department concerned and, if subject to the jurisdiction of the Department of Education, the Department of Education’s Office of Civil Rights not less often than annually; has developed processes to ensure that each student enrolled in a unit under this section has done so voluntarily; and agrees to provide the data necessary to compile the report required under subsection (j). .
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