I 

113TH CONGRESS 

1ST SESSION H. R. 2230 

To address the prevalence of sexual harassment and sexual assault in the 

Armed Forces. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2013 

Ms. LORETTA SANCHEZ of California introduced the following bill; which was 

referred to the Committee on Armed Services 

A BILL 

To address the prevalence of sexual harassment and sexual 

assault in the Armed Forces. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Track It to Prevent It Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Improved climate assessments and dissemination and tracking of results. 

Sec. 5. Inclusion of letter of reprimands, nonpunitive letter of reprimands and 

counseling statements. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 2230 IH

Sec. 6. Service-wide 360 assessments. 

Sec. 7. Health welfare inspections. 

Sec. 8. Review of security of military installations, including barracks and 

multi-family residences. 

Sec. 9. Review of the Office of Diversity Management and Equal Opportunity 

role in sexual harassment cases. 

Sec. 10. Authorization of appropriations. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) According to the Department of Defense, 

4 3,374 sexual assault cases involving a member of the 

5 Armed Forces were reported in fiscal year 2012, a 

6 6 percent increase in the number of reported cases 

7 in fiscal year 2011. 

8 (2) However, approximately 26,000 members of 

9 the Armed Forces made an anonymous report of a 

10 sexual assault in fiscal year 2012, a substantial in11 crease from fiscal year 2011. 

12 (3) According to the Department of Defense, of 

13 the 6.1 percent of female members of the Armed 

14 Forces who experienced ‘‘unwanted sexual contact’’ 

15 in fiscal year 2012, 77 percent also experienced sex16 ual harassment and, of the 1.2 percent of male 

17 members of the Armed Forces who experienced ‘‘un18 wanted sexual contact’’ in fiscal year 2012, 52 per19 cent also experienced sexual harassment. 

20 (4) Sixty-two percent of those members who ex21 perienced unwanted sexual contact also perceived 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 2230 IH

1 some form of social, administrative, or professional 

2 retaliation. 

3 (5) Climate assessments are required by law 

4 and commanders at all levels must comply as it is 

5 their core responsibility to create a safe and healthy 

6 environment for the unit. 

7 (6) Trends in bad behavior and reoccurring ac8 tions that harm the members of the unit, such as 

9 sexual harassment and sexual assault, must be iden10 tified earlier through improved performance assess11 ments and better reporting by commanders at all 

12 levels. 

13 (7) According to a recent Government Account14 ability Office report, two of the primary reasons why 

15 members decide not to report sexual harassment and 

16 sexual assault incidents are because they do not 

17 think anything will be done about the incident if 

18 they report it and they think that reporting the inci19 dent will adversely impact their military career. 

20 (8) As long as commanders at any level con21 tinue to condone or ignore certain types of sexual 

22 misconduct, this behavior will continue to be preva23 lent in the military obstructing the change in cul24 ture. 


tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 2230 IH

1 SEC. 3. DEFINITIONS. 

2 In this Act 

3 (1) The term ‘‘sexual harassment’’ has the 

4 meaning given such term in Department of Defense 

5 Directive 1350.2, Department of Defense Military 

6 Equal Opportunity Program. 

7 (2) The term ‘‘sexual assault’’ means any of the 

8 offenses described in section 920 of title 10, United 

9 States Code (article 120 of the Uniform Code of 

10 Military Justice). 

11 SEC. 4. IMPROVED CLIMATE ASSESSMENTS AND DISSEMI12 NATION AND TRACKING OF RESULTS. 

13 (a) IMPROVED DISSEMINATION OF RESULTS IN

14 CHAIN OF COMMAND.—The Secretary of Defense shall en15 sure that the results of command climate assessments are 

16 provided to the relevant individual commander and to the 

17 next higher level of command. 

18 (b) PERFORMANCE TRACKING.— 

19 (1) EVIDENCE OF COMPLIANCE.—The Sec20 retary of each military department shall include in 

21 the performance evaluations and assessments used 

22 by each Armed Force under the jurisdiction of the 

23 Secretary a designated form where senior com24 manders can indicate whether the commander has 

25 conducted the required climate assessments. 


tjames on DSK6SPTVN1PROD with BILLS
5 

•HR 2230 IH

1 (2) EFFECT OF FAILURE TO CONDUCT ASSESS2 MENT.—If a commander is found to not have con3 ducted the required climate assessments, the failure 

4 shall be noted in the commander’s performance eval5 uation and be considered a serious factor during 

6 consideration for any subsequent promotion. 

7 (c) TRACKING SYSTEM.—The Inspector General of 

8 the Department of Defense shall develop a system to track 

9 whether commanders are conducting command climate as10 sessments. 

11 (d) UNIT COMPLIANCE REPORTS.—Working with the 

12 Inspector General of the Department of Defense, unit 

13 commanders shall gather all the climate assessments from 

14 the unit and develop a compliance report that, at a min15 imum, shall include the following: 

16 (1) A comprehensive overview of the concerns 

17 members of the unit expressed in the climate assess18 ments. 

19 (2) Data showing how leadership is perceived in 

20 the unit. 

21 (3) A detailed strategic plan on how leadership 

22 plans to address the expressed concerns. 


tjames on DSK6SPTVN1PROD with BILLS
6 

•HR 2230 IH

1 SEC. 5. INCLUSION OF LETTER OF REPRIMANDS, NONPUNI2 TIVE LETTER OF REPRIMANDS AND COUN3 SELING STATEMENTS. 

4 The Secretary of Defense shall require commanders 

5 to include letter of reprimands, nonpunitive letter of ac6 tions and counseling statements involving substantiated 

7 cases of sexual harassment or sexual assault in the per8 formance evaluation report of a member of the Armed 

9 Forces for the purpose of— 

10 (1) providing commanders increased visibility of 

11 the background information of members of the unit; 

12 (2) identifying and preventing trends of bad be13 havior early and effectively disciplining repeated ac14 tions which hinder units from fostering a healthy cli15 mate; and 

16 (3) preventing the transfer of sexual offenders. 

17 SEC. 6. SERVICE-WIDE 360 ASSESSMENTS. 

18 (a) ADOPTION OF 360-DEGREE APPROACH.—The 

19 Secretary of each military department shall develop an as20 sessment program modeled after the current Department 

21 of the Army Multi-Source Assessment and Feedback 

22 (MSAF) Program, known in this section as the ‘‘360-de23 gree approach’’. 

24 (b) REPORT ON INCLUSION IN PERFORMANCE EVAL25 UATION REPORTS.—Not later than 90 days after the date 

26 of the enactment of this Act, the Secretary of Defense 


tjames on DSK6SPTVN1PROD with BILLS
7 

•HR 2230 IH

1 shall submit to Congress a report containing the results 

2 of an assessment of the feasibility of including the 360- 

3 degree approach as part of the performance evaluation re4 ports. 

5 (c) INDIVIDUAL COUNSELING.—The Secretary of 

6 each military department shall include individual coun7 seling as part of the performance evaluation process. 

8 SEC. 7. HEALTH WELFARE INSPECTIONS. 

9 The Secretary of each military department shall con10 duct health welfare inspections on a monthly basis in order 

11 to ensure and maintain security, military readiness, good 

12 order, and discipline of all units of the Armed Forces 

13 under the jurisdiction of the Secretary. Results of the 

14 Health Welfare Inspections shall be provided to both the 

15 commander and senior commander. 

16 SEC. 8. REVIEW OF SECURITY OF MILITARY INSTALLA17 TIONS, INCLUDING BARRACKS AND MULTI18 FAMILY RESIDENCES. 

19 (a) REVIEW OF SECURITY MEASURES.—The Sec20 retary of Defense shall conduct a review of security meas21 ures on United States military installations, specifically 

22 with regard to barracks and multi-family residences on 

23 military installations, for the purpose of ensuring the safe24 ty of members of the Armed Forces and their dependents 

25 who reside on military installations. 


tjames on DSK6SPTVN1PROD with BILLS
8 

•HR 2230 IH

1 (b) ELEMENTS OF STUDY.—In conducting the review 

2 under subsection (a), the Secretary of Defense shall— 

3 (1) identify security gaps on military installa4 tions; and 

5 (2) evaluate the feasibility and effectiveness of 

6 using 24-hour electronic monitoring or placing secu7 rity personnel at all points of entry into barracks 

8 and multi-family residences on military installation. 

9 (c) SUBMISSION OF RESULTS.—Not later than 90 

10 days after the date of the enactment of this Act, the Sec11 retary of Defense shall submit to Congress a report con12 taining the results of the study conducted under sub13 section (a), including an estimate of the costs— 

14 (1) to eliminate all security gaps identified 

15 under subsection (b)(1); and 

16 (2) to provide 24-hour security monitoring as 

17 evaluated under subsection (b)(2). 

18 SEC. 9. REVIEW OF THE OFFICE OF DIVERSITY MANAGE19 MENT AND EQUAL OPPORTUNITY ROLE IN 

20 SEXUAL HARASSMENT CASES. 

21 (a) REVIEW REQUIRED.—The Secretary of Defense 

22 shall conduct a review of the Office of Diversity Manage23 ment and Equal Opportunity for the purposes specified 

24 in subsection (b). 


tjames on DSK6SPTVN1PROD with BILLS
9 

•HR 2230 IH

1 (b) ELEMENTS OF STUDY.—In conducting the review 

2 under subsection (a), the Secretary of Defense shall— 

3 (1) identify and evaluate the resource and per4 sonnel gaps in the Office; 

5 (2) identify and evaluate the role of the Office 

6 in sexual harassment cases; and 

7 (3) evaluate how the Office works with the Sex8 ual Assault Prevention and Response Office to ad9 dress sexual harassment in the Armed Forces. 

10 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated to the Sec12 retary of Defense such sums as may be necessary to carry 

13 out this Act for fiscal year 2014. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS