Sec. 572. ADDITIONAL ELEMENTS IN COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON SEXUAL ASSAULT PREVENTION AND RESPONSE
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## SEC. 572 ADDITIONAL ELEMENTS IN COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON SEXUAL ASSAULT PREVENTION AND RESPONSE ###
(a)Policy Modifications Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall modify the revised comprehensive policy for the Department of Defense sexual assault prevention and response program required by section 1602 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4430; 10 U.S.C. 1561 note) to include in the policy the following new requirements: ####
(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)Additional Requirements Regarding Disposition Records of Sexual Assault Reports ####
(1)Elements The record of the disposition of an Unrestricted Report of sexual assault established under subsection (a)(1) shall include information regarding the following, as appropriate: #####
(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)Retention of records The Secretary of Defense shall require that— #####
(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)Covered Offense Defined For purposes of subsection (a)(2), the term “covered offense” means the following: ####
(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)Tracking of Organizational Climate Assessment Compliance The Secretary of Defense shall direct the Secretaries of the military departments to verify and track the compliance of commanding officers in conducting organizational climate assessments, as required by subsection (a)(3).
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- Pub. L. 111-383
- 124 Stat. 4430
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Sec. 572
ADDITIONAL ELEMENTS IN COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON SEXUAL ASSAULT PREVENTION AND RESPONSE
Pub. L.Pub. L. 111-383
Stat.124 Stat. 4430
Cites 3Cited by 0 across 0 sources