Sec. 552. REQUIREMENT FOR MEMORANDA OF UNDERSTANDING ADDRESSING CERTAIN MATTERS PERTAINING TO UNITS OF THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS
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## SEC. 552 REQUIREMENT FOR MEMORANDA OF UNDERSTANDING ADDRESSING CERTAIN MATTERS PERTAINING TO UNITS OF THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS Section 2031(b) of title 10, United States Code, is amended— ####
(1)by redesignating paragraphs
(1)through
(5)as subparagraphs
(A)through (E); ####
(2)by inserting “(1)” after “(b)”; ####
(3)in subparagraph (A), as redesignated by paragraph (1)— #####
(A)by striking “(A)” and inserting “(i)”; and #####
(B)by striking “(B)” and inserting “(ii)”; ####
(4)in subparagraph (E), as so redesignated, by striking “as may be established by the Secretary of the military department concerned” and inserting “as the Secretary of the military department concerned prescribes in the memorandum of understanding required under paragraph (2).”; and ####
(5)by adding at the end the following new paragraph: > > #### “(2) > > The Secretary of Defense shall prescribe in regulations a 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 be standardized to the extent practicable and include the following elements: > > > ##### “(A) > > A requirement that an institution notify the Secretary of the military department concerned of allegations of misconduct (including sexual misconduct and harassment) against an instructor who is receiving retired or other pay, not later than 48 hours after such institution learns of such allegations. > > > ##### “(B) > > A process by which the Secretary of the military department concerned certifies an instructor, including the conduct of appropriate background checks by such Secretary and the institution concerned. > > > ##### “(C) > > A process by which the Secretary of the military department concerned shall conduct oversight of instructors certified by such Secretary, including a requirement that such certification shall expire after not more than five years. > > > ##### “(D) > > 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. > > > ##### “(E) > > A requirement that each institution certifies it— > > > ###### “(i) > > 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 public or private institution; > > > ###### “(ii) > > 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; > > > ###### “(iii) > > has implemented annual training to inform students of methods to prevent, respond to, and report sexual assault and harassment; > > > ###### “(iv) > > agrees to report all allegations of violations described in this subparagraph to the military department concerned and, if subject to the jurisdiction of the Department of Education, the Office of Civil Rights of the Department of Education not less often than annually; > > > ###### “(v) > > has developed processes to ensure that each student enrolled in a unit under this section has done so voluntarily; and > > > ###### “(vi) > > agrees to provide the data necessary to compile the report required under subsection (i).” > .
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Sec. 552
REQUIREMENT FOR MEMORANDA OF UNDERSTANDING ADDRESSING CERTAIN MATTERS PERTAINING TO UNITS OF THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS
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