II 

112TH CONGRESS 

2D SESSION S. 3647 

To amend title 10, United States Code, to improve and enhance the capabilities of the Armed Forces to prevent and respond to sexual assault 

and sexual harassment in the Armed Forces, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 29, 2012 

Ms. KLOBUCHAR (for herself and Ms. SNOWE) introduced the following bill; 

which was read twice and referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to improve and 

enhance the capabilities of the Armed Forces to prevent 

and respond to sexual assault and sexual harassment 

in the Armed Forces, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Military Sexual Assault 

5 Prevention Act of 2012’’. 


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1 SEC. 2. PROHIBITION ON SERVICE IN THE ARMED FORCES 

2 BY INDIVIDUALS WHO HAVE BEEN CON3 VICTED OF A SEXUAL OFFENSE. 

4 (a) PROHIBITION.—Chapter 37 of title 10, United 

5 States Code, is amended adding at the end the following 

6 new section: 

7 ‘‘§ 656. Prohibition on service in the armed forces by 

8 individuals convicted of a sexual offense 

9 ‘‘(a) PROHIBITION ON COMMISSIONING OR ENLIST10 MENT.—(1) A person who has been convicted of an offense 

11 specified in paragraph (2) under Federal or State law may 

12 not be processed for commissioning or permitted to enlist 

13 in the armed forces. 

14 ‘‘(2) An offense specified in this paragraph is any fel15 ony offense as follows: 

16 ‘‘(A) Rape. 

17 ‘‘(B) Sexual assault. 

18 ‘‘(C) Forcible sodomy. 

19 ‘‘(D) Incest. 

20 ‘‘(b) ADMINISTRATIVE SEPARATION FOR CERTAIN

21 OFFENSES NOT RESULTING IN PUNITIVE DISCHARGE.— 

22 (1) Any member of the armed forces on active duty, and 

23 any member of a reserve component of the armed forces 

24 not on active duty but in active status, who is convicted 

25 of an offense specified in paragraph (2) and not punitively 

26 discharged from the armed forces in connection with such 


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1 conviction shall be separated administratively from the 

2 armed forces for such offense. 

3 ‘‘(2) An offense specified in this paragraph is any of4 fense as follows: 

5 ‘‘(A) Rape or sexual assault under subsection 

6 (a) or (b) of section 920 of this title (article 120 of 

7 the Uniform Code of Military Justice). 

8 ‘‘(B) Forcible sodomy under section 925 of this 

9 title (article 125 of the Uniform Code of Military 

10 Justice). 

11 ‘‘(C) An attempt to commit an offense specified 

12 in subparagraph (A) or (B), as punishable under 

13 section 880 of this title (article 80 of the Uniform 

14 Code of Military Justice). 

15 ‘‘(3) Under regulations prescribed by the Secretary 

16 of Defense, the Secretary of the military department con17 cerned may waive the requirement in paragraph (1) with 

18 respect to a member if the waiver is determined appro19 priate in the interests of the national security of the 

20 United States. Waivers under this paragraph shall be 

21 made on a case-by-case basis.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 37 of such title is amended 

24 by adding at the end the following new item: 

‘‘656. Prohibition on service in the armed forces by individuals convicted of a 

sexual offense.’’. 


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1 SEC. 3. PERSONS WHO MAY EXERCISE DISPOSITION AU2 THORITY REGARDING CHARGES INVOLVING 

3 CERTAIN SEXUAL MISCONDUCT OFFENSES 

4 UNDER THE UNIFORM CODE OF MILITARY 

5 JUSTICE. 

6 (a) PERSONS WHO MAY EXERCISE DISPOSITION AU7 THORITY.— 

8 (1) DISPOSITION AUTHORITY.—With respect to 

9 any charge under chapter 47 of title 10, United 

10 States Code (the Uniform Code of Military Justice), 

11 that alleges an offense specified in paragraph (2), 

12 the Secretary of Defense shall require the Secre13 taries of the military departments to restrict disposi14 tion authority under section 830 of such chapter (ar15 ticle 30 of the Uniform Code of Military Justice) to 

16 officers of the Armed Forces who have the authority 

17 to convene special courts-martial under section 823 

18 of such chapter (article 23 of the Uniform Code of 

19 Military Justice), but not lower than the following: 

20 (A) In the case of a training command, the 

21 first brigadier general, or, in the case of the 

22 Navy, the first rear admiral (lower half), with 

23 a legal advisor (or access to a legal advisor) in 

24 the chain of command of the person accused of 

25 committing the offense. 


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1 (B) In the case of any other command, the 

2 first colonel, or in the case of the Navy, the 

3 first captain, with a legal advisor (or access to 

4 a legal advisor) in the chain of command of the 

5 person accused of committing the offense. 

6 (2) COVERED OFFENSES.—Paragraph (1) ap7 plies with respect to a charge that alleges any of the 

8 following offenses under chapter 47 of title 10, 

9 United States Code (the Uniform Code of Military 

10 Justice): 

11 (A) Rape or sexual assault under sub12 section (a) or (b) of section 920 of such chapter 

13 (article 120 of the Uniform Code of Military 

14 Justice). 

15 (B) Forcible sodomy under section 925 of 

16 such chapter (article 125 of the Uniform Code 

17 of Military Justice). 

18 (C) An attempt to commit an offense spec19 ified in subparagraph (A) or (B), as punishable 

20 under section 880 of such chapter (article 80 of 

21 the Uniform Code of Military Justice). 

22 (b) IMPLEMENTATION.— 

23 (1) SECRETARIES OF MILITARY DEPART24 MENTS.—The Secretaries of the military departVerDate Mar 15 2010 02:37 Dec 01, 2012 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3647.IS S3647

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1 ments shall revise policies and procedures as nec2 essary to comply with subsection (a). 

3 (2) SECRETARY OF DEFENSE.—Not later than 

4 180 days after the date of the enactment of this Act, 

5 the Secretary of Defense shall recommend such 

6 changes to the Manual for Courts-Martial as are 

7 necessary to ensure compliance with subsection (a). 

8 SEC. 4. POLICY OF THE UNITED STATES ON DISPOSITION 

9 OF CHARGES INVOLVING CERTAIN SEXUAL 

10 MISCONDUCT OFFENSES UNDER THE UNI11 FORM CODE OF MILITARY JUSTICE THROUGH 

12 COURTS-MARTIAL. 

13 (a) STATEMENT OF POLICY.—It shall be the policy 

14 of the United States that any charge regarding an offense 

15 specified in subsection (b) should be disposed of by court16 martial, rather than by non-judicial punishment or admin17 istrative action. 

18 (b) COVERED OFFENSES.—An offense specified in 

19 this subsection is any of the following offenses under chap20 ter 47 of title 10, United States Code (the Uniform Code 

21 of Military Justice): 

22 (1) Rape or sexual assault under subsection (a) 

23 or (b) of section 920 of such chapter (article 120 of 

24 the Uniform Code of Military Justice). 


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1 (2) Forcible sodomy under section 925 of such 

2 chapter (article 125 of the Uniform Code of Military 

3 Justice). 

4 (3) An attempt to commit an offense specified 

5 in paragraph (1) or (2), as punishable under section 

6 880 of such chapter (article 80 of the Uniform Code 

7 of Military Justice). 

8 (c) JUSTIFICATION FOR DISPOSITION OTHER THAN

9 BY COURT-MARTIAL.—In the case of any charge regard10 ing an offense specified in subsection (b) that is disposed 

11 of by non-judicial punishment or administrative action, 

12 rather than by court-martial, the disposition authority 

13 provided for in section 3 shall include in the case file a 

14 justification for the disposition of the charge by non-judi15 cial punishment or administrative action, rather than by 

16 court-martial. 

17 SEC. 5. INCLUSION AND COMMAND REVIEW OF INFORMA18 TION ON SEXUAL-RELATED OFFENSES IN 

19 PERSONNEL SERVICE RECORDS OF MEM20 BERS OF THE ARMED FORCES. 

21 (a) INFORMATION ON SUBSTANTIATED REPORTS ON

22 SEXUAL-RELATED OFFENSES.— 

23 (1) IN GENERAL.—If a complaint of a sexual24 related offense is made against a member of the 

25 Armed Forces and the complaint is substantiated, a 


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1 notation to that effect shall be placed in the per2 sonnel service record of the member, regardless of 

3 the member’s grade. 

4 (2) PURPOSE.—The purpose of the inclusion of 

5 information in personnel service records under para6 graph (1) is to alert commanders to the members of 

7 their command who have received courts-martial 

8 conviction, non-judicial punishment, or administra9 tive action for sexual-related offenses in order to re10 duce the likelihood that repeat offenses will escape 

11 the notice of commanders. 

12 (b) LIMITATION ON PLACEMENT.—A notation under 

13 subsection (a) may not be placed in the restricted section 

14 of the personnel service record of a member. 

15 (c) CONSTRUCTION.—Nothing in subsection (a) or 

16 (b) may be construed to prohibit or limit the capacity of 

17 a member of the Armed Forces to challenge or appeal the 

18 placement of a notation, or location of placement of a no19 tation, in the member’s personnel service record in accord20 ance with procedures otherwise applicable to such chal21 lenges or appeals. 

22 (d) SUBSTANTIATED COMPLAINTS.—For purposes of 

23 implementing this section, the Secretary of Defense shall 

24 use the definition of substantiated developed for purposes 

25 of the annual report on sexual assaults involving members 


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1 of the Armed Forces prepared under section 1631 of the 

2 Ike Skelton National Defense Authorization Act for Fiscal 

3 Year 2011 (10 U.S.C. 1561 note). 

4 (e) COMMAND REVIEW OF HISTORY OF SEXUAL-RE5 LATED OFFENSES OF MEMBERS UPON ASSIGNMENT OR

6 TRANSFER TO NEW UNIT.— 

7 (1) REVIEW REQUIRED.—Under uniform regu8 lations prescribed by the Secretary of Defense, the 

9 commanding officer of a facility, installation, or unit 

10 to which a member of the Armed Forces described 

11 in paragraph (2) is permanently assigned or trans12 ferred shall review the history of substantiated sex13 ual offenses of the member in order to familiarize 

14 such officer with such history of the member. 

15 (2) COVERED MEMBERS.—A member of the 

16 Armed Forces described in this paragraph is a mem17 ber of the Armed Forces who, at the time of assign18 ment or transfer as described in paragraph (1), has 

19 a history of one or more substantiated sexual of20 fenses as documented in the personnel service record 

21 of such member or such other records or files as the 

22 Secretary shall specify in the regulations prescribed 

23 under paragraph (1). 


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1 SEC. 6. COLLECTION AND RETENTION OF RECORDS ON DIS2 POSITION OF REPORTS OF SEXUAL ASSAULT. 

3 (a) COLLECTION.—The Secretary of Defense shall re4 quire that the Secretary of each military department es5 tablish a record on the disposition of any report of sexual 

6 assault, whether such disposition is court-martial, non-ju7 dicial punishment, or other administrative action. The 

8 record of any such disposition shall include the following, 

9 as appropriate: 

10 (1) Documentary information collected about 

11 the incident reported. 

12 (2) Punishment imposed, including the sen13 tencing by judicial or non-judicial means including 

14 incarceration, fines, restriction, and extra duty as a 

15 result of military court-martial, Federal and local 

16 court and other sentencing, or any other punishment 

17 imposed. 

18 (3) Reasons for the selection of the disposition 

19 and punishments selected. 

20 (4) Administrative actions taken, if any. 

21 (5) Any pertinent referrals offered as a result 

22 of the incident (such as drug and alcohol counseling 

23 and other types of counseling or intervention). 

24 (b) RETENTION.—The Secretary of Defense shall re25 quire that— 


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1 (1) the records established pursuant to sub2 section (a) be retained by the Department of De3 fense for a period of not less than 50 years; and 

4 (2) a copy of such records be maintained at a 

5 centralized location for the same period as applies to 

6 retention of the records under paragraph (1). 

7 SEC. 7. RETENTION OF CERTAIN FORMS IN CONNECTION 

8 WITH RESTRICTED REPORTS ON SEXUAL AS9 SAULT INVOLVING MEMBERS OF THE ARMED 

10 FORCES. 

11 (a) PERIOD OF RETENTION.—The Secretary of De12 fense shall ensure that all copies of Department of De13 fense Form 2910 and Department of Defense Form 2911 

14 filed in connection with a Restricted Report on an incident 

15 of sexual assault involving a member of the Armed Forces 

16 shall be retained for the longer of— 

17 (1) 50 years commencing on the date of signa18 ture of the member on Department of Defense Form 

19 2910; or 

20 (2) the time provided for the retention of such 

21 forms in connection with Unrestricted Reports on in22 cidents of sexual assault involving members of the 

23 Armed Forces under Department of Defense Direc24 tive-Type Memorandum (DTM) 11–062, entitled 

25 ‘‘Document Retention in Cases of Restricted and 


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1 Unrestricted Reports of Sexual Assault’’, or any suc2 cessor directive or policy. 

3 (b) PROTECTION OF CONFIDENTIALITY.—Any De4 partment of Defense form retained under subsection (a) 

5 shall be retained in a manner that protects the confiden6 tiality of the member of the Armed Forces concerned in 

7 accordance with procedures for the protection of confiden8 tiality of information in Restricted Reports under Depart9 ment of Defense memorandum JTF–SAPR–009, relating 

10 to the Department of Defense policy on confidentiality for 

11 victims of sexual assault, or any successor policy or direc12 tive. 

13 SEC. 8. ENHANCEMENT OF ANNUAL REPORTS REGARDING 

14 SEXUAL ASSAULTS INVOLVING MEMBERS OF 

15 THE ARMED FORCES. 

16 (a) IN GENERAL.—Section 1631(b) of the Ike Skel17 ton National Defense Authorization Act for Fiscal Year 

18 2011 (10 U.S.C. 1561 note) is amended— 

19 (1) by striking paragraph (3) and inserting the 

20 following new paragraph (3): 

21 ‘‘(3) A synopsis of each such substantiated 

22 case, organized by offense, and, for each such case, 

23 the action taken in such case, including the following 

24 information: 


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1 ‘‘(A) The type of disciplinary or adminis2 trative sanction imposed, if any, including 

3 courts-martial sentences, non-judicial punish4 ments administered by commanding officers 

5 pursuant to section 815 of title 10, United 

6 States Code (article 15 of the Uniform Code of 

7 Military Justice), and administrative separa8 tions. 

9 ‘‘(B) A description of and rationale for the 

10 final disposition and punishment, regardless of 

11 type of disciplinary or administrative sanction 

12 imposed, including, in a case in which an Arti13 cle 32 investigating officer recommended dis14 missal of the charges, an explicit statement of 

15 the reasons for such recommendation. 

16 ‘‘(C) The unit and location of service at 

17 which the incident occurred. 

18 ‘‘(D) Whether the accused was previously 

19 accused of a substantiated sexual assault or 

20 sexual harassment. 

21 ‘‘(E) Whether the accused was admitted to 

22 the Armed Forces under a moral waiver grant23 ed with respect to prior sexual misconduct. 

24 ‘‘(F) Whether alcohol was involved in the 

25 incident. 


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1 ‘‘(G) If the member was administratively 

2 separated or, in the case of an officer, allowed 

3 to resign in lieu of facing a court-martial, the 

4 characterization given the service of the mem5 ber upon separation.’’; and 

6 (2) by adding at the end the following new 

7 paragraphs 

8 ‘‘(7) The number of applications submitted 

9 under section 673 of title 10, United States Code, 

10 during the year covered by the report for a perma11 nent change of station or unit transfer for members 

12 of the Armed Forces on active duty who are the vic13 tim of a sexual assault or related offense, the num14 ber of applications denied, and, for each application 

15 denied, a description of the reasons why such appli16 cation was denied. 

17 ‘‘(8) An analysis and assessment of trends in 

18 the incidence, disposition, and prosecution of sexual 

19 assaults by commands and installations during the 

20 year covered by the report, including trends relating 

21 to prevalence of incidents, prosecution of incidents, 

22 and avoidance of incidents. 

23 ‘‘(9) An assessment of the adequacy of sexual 

24 assault prevention and response activities carried out 


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1 by training commands during the year covered by 

2 the report. 

3 ‘‘(10) An analysis of the specific factors that 

4 may have contributed to sexual assault during the 

5 year covered by the report, including sexual harass6 ment and substance abuse, an assessment of the role 

7 of such factors in contributing to sexual assaults 

8 during that year, and recommendations for mecha9 nisms to eliminate or reduce the incidence of such 

10 factors or their contributions to sexual assaults.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on the date of the enactment 

13 of this Act, and shall apply beginning with the report re14 quired to be submitted by March 1, 2014, under section 

15 1631 of the Ike Skelton National Defense Authorization 

16 Act for Fiscal Year 2011 (as amended by subsection (a)). 

17 SEC. 9. INDEPENDENT REVIEW AND ASSESSMENT OF UNI18 FORM CODE OF MILITARY JUSTICE AND JU19 DICIAL PROCEEDINGS OF SEXUAL ASSAULT 

20 CASES. 

21 (a) INDEPENDENT REVIEW AND ASSESSMENT.— 

22 There is hereby established an independent panel to con23 duct an independent review and assessment of judicial 

24 proceedings under chapter 47 of title 10, United States 

25 Code (the Uniform Code of Military Justice), involving 


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1 sexual assault and related offenses for the purpose of de2 veloping potential improvements to such proceedings. 

3 (b) INDEPENDENT PANEL FOR REVIEW.— 

4 (1) COMPOSITION.—The panel required by sub5 section (a) shall be composed of seven members, ap6 pointed as provided in paragraph (2) from among 

7 private United States citizens who have expertise in 

8 military law, civilian law, prosecution of sexual as9 saults in Federal criminal court, military justice 

10 policies, the missions of the Armed Forces, or of11 fenses relating to rape, sexual assault, and other 

12 sexual misconduct under the Uniform Code of Mili13 tary Justice. 

14 (2) APPOINTMENTS.—Of the members of the 

15 panel— 

16 (A) three shall be appointed by the Sec17 retary of Defense; 

18 (B) one shall be appointed by the Speaker 

19 of the House of Representatives; 

20 (C) one shall be appointed by the minority 

21 leader of the House of Representatives; 

22 (D) one shall be appointed by the majority 

23 leader of Senate; and 

24 (E) one shall be appointed by the minority 

25 leader of the Senate. 


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1 (3) CHAIR.—The chair of the panel shall be ap2 pointed by the Secretary from among the members 

3 of the panel appointed under paragraph (1). 

4 (4) PERIOD OF APPOINTMENT; VACANCIES.— 

5 Members shall be appointed for the life of the panel. 

6 Any vacancy in the panel shall be filled in the same 

7 manner as the original appointment. 

8 (5) DEADLINE FOR APPOINTMENTS.—All origi9 nal appointments to the panel shall be made not 

10 later than 120 days after the date of the enactment 

11 of this Act. 

12 (6) MEETINGS.—The panel shall meet at the 

13 call of the chair. 

14 (7) FIRST MEETING.—The chair shall call the 

15 first meeting of the panel not later than 60 days 

16 after the date of the appointment of all the members 

17 of the panel. 

18 (8) DURATION.—The panel shall expire on Sep19 tember 30, 2017. 

20 (c) DUTIES.— 

21 (1) ANNUAL REVIEW REPORT ON UCMJ AND

22 RECENT REFORMS.—The panel required by sub23 section (a) shall— 

24 (A) review and assess on an annual basis 

25 judicial proceedings under chapter 47 of title 


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1 10, United States Code (the Uniform Code of 

2 Military Justice), involving sexual assault and 

3 related offenses; and 

4 (B) prepare on an annual basis a report 

5 summarizing the results of the review and as6 sessment under subparagraph (A). 

7 (2) CONSIDERATIONS.—In conducting reviews 

8 and assessments and preparing annual reports under 

9 paragraph (1), the panel shall review, evaluate, and 

10 assess the following: 

11 (A) The advisory sentencing guidelines 

12 given by judges in Federal courts and how 

13 those guidelines compare to advisory sentencing 

14 guidance provided to panels rendering punish15 ments in court-martial proceedings, including 

16 whether it would be more beneficial for advisory 

17 sentencing guidelines to be provided to panels 

18 or for discretion to be given to judges regarding 

19 whether to issue advisory sentencing guidelines. 

20 (B) The punishments or administrative ac21 tions taken in response to sexual assault court22 martial proceedings, including the number of 

23 punishments or administrative actions taken as 

24 rendered by a panel and the number of punish25 ments or administrative actions rendered by a 


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1 judge and the consistency and proportionality of 

2 the decisions, punishments, and administrative 

3 actions to the facts of each case compared with 

4 Federal and State criminal courts. 

5 (C) The court-martial convictions of sexual 

6 assaults in the year covered by the report and 

7 the number and description of instances when 

8 punishments were reduced upon appeal and the 

9 instances in which the defendant appealed fol10 lowing a plea agreement, if such information is 

11 available. 

12 (D) The training level of defense and pros13 ecution trial counsel, including an inventory of 

14 the experience of judge advocate general lead 

15 trial counsel in each instance and any existing 

16 standards or requirements for lead counsel, in17 cluding their experience in defending or pros18 ecuting sexual assault and related offenses. 

19 (E) The extent and nature, if any, of illicit 

20 pressure on prosecutors either to bring cases to 

21 trial or not bring cases to trial, and any influ22 ence of commanders on and over judicial pro23 ceedings. 


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1 (F) The training provided criminal inves2 tigators, and the procedures followed to inves3 tigate cases before trial. 

4 (G) The implementation of recent reforms 

5 to offenses relating to sexual assault and re6 lated offenses, including the reforms enacted by 

7 section 544 of the National Defense Authoriza8 tion Act for Fiscal Year 2012 (Public Law 

9 112–81; 125 Stat. 1404) and any other recent 

10 reforms. 

11 (H) Such other matters and materials as 

12 the panel considers appropriate for purposes of 

13 the reports. 

14 (3) USE OF OTHER STUDIES.—In preparing the 

15 reports, the panel may review, and incorporate as 

16 appropriate, the findings of applicable ongoing and 

17 completed studies. 

18 (4) FIRST REPORT.—Not later than 180 days 

19 after its first meeting, the panel shall submit to the 

20 Secretary of Defense and the Committees on Armed 

21 Services of the Senate and the House of Representa22 tives its first report under this subsection. The panel 

23 shall include in the report such proposals for legisla24 tive or administrative action as the panel considers 

25 appropriate in light of its review. 


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1 (d) POWERS OF PANEL.— 

2 (1) HEARING.—The panel may hold such hear3 ings, sit and act at such times and places, take such 

4 testimony, and receive such evidence as the panel 

5 considers appropriate to carry out its duties under 

6 this section. 

7 (2) INFORMATION FROM FEDERAL AGENCIES.— 

8 Upon request by the chair of the panel, any depart9 ment or agency of the Federal Government may pro10 vide information that the panel considers necessary 

11 to carry out its duties under this section. 

12 (e) PERSONNEL MATTERS.— 

13 (1) PAY OF MEMBERS.—Members of the panel 

14 shall serve without pay by reason of their work on 

15 the panel. 

16 (2) TRAVEL EXPENSES.—The members of the 

17 panel shall be allowed travel expenses, including per 

18 diem in lieu of subsistence, at rates authorized for 

19 employees of agencies under subchapter I of chapter 

20 57 of title 5, United States Code, while away from 

21 their homes or regular places of business in the per22 formance or services for the panel. 

23 SEC. 10. PREVENTION AND RESPONSE TO SEXUAL HARASS24 MENT IN THE ARMED FORCES. 

25 (a) COMPREHENSIVE POLICY REQUIRED.— 


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1 (1) IN GENERAL.—The Secretary of Defense 

2 shall, in consultation with the Secretaries of the 

3 military departments and the Equal Opportunity Of4 fice of the Department of Defense, develop a com5 prehensive policy to prevent and respond to sexual 

6 harassment in the Armed Forces. The policy shall 

7 provide for the following: 

8 (A) Training for members of the Armed 

9 Forces on the prevention of sexual harassment. 

10 (B) Mechanisms for reporting incidents of 

11 sexual harassment in the Armed Forces, includ12 ing procedures for reporting anonymously. 

13 (C) Mechanisms for responding to and re14 solving incidents of alleged sexual harassment 

15 incidences involving members of the Armed 

16 Forces, including through the prosecution of of17 fenders. 

18 (2) REPORT.—Not later than one year after the 

19 date of the enactment of this Act, the Secretary of 

20 Defense shall submit to the Committees on Armed 

21 Services of the Senate and the House of Representa22 tives a report setting forth the policy required by 

23 paragraph (1). 

24 (b) COLLECTION AND RETENTION OF RECORDS ON

25 DISPOSITION OF REPORTS OF SEXUAL HARASSMENT.— 


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1 (1) COLLECTION.—The Secretary of Defense 

2 shall require that the Secretary of each military de3 partment establish a record on the disposition of any 

4 report of sexual harassment, whether such disposi5 tion is court-martial, non-judicial punishment, or 

6 other administrative action. The record of any such 

7 disposition shall include the following, as appro8 priate: 

9 (A) Documentary information collected 

10 about the incident reported. 

11 (B) Punishment imposed, including the 

12 sentencing by judicial or non-judicial means in13 cluding incarceration, fines, restriction, and 

14 extra duty as a result of military court-martial, 

15 Federal and local court and other sentencing, 

16 or any other punishment imposed. 

17 (C) Reasons for the selection of the dis18 position and punishments selected. 

19 (D) Administrative actions taken, if any. 

20 (E) Any pertinent referrals offered as a re21 sult of the incident (such as drug and alcohol 

22 counseling and other types of counseling or 

23 intervention). 

24 (2) RETENTION.—The Secretary of Defense 

25 shall require that— 


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1 (A) the records established pursuant to 

2 paragraph (1) be retained by the Department of 

3 Defense for a period of not less than 50 years; 

4 and 

5 (B) a copy of such records be maintained 

6 at a centralized location for the same period as 

7 applies to retention of the records under sub8 paragraph (A). 

9 (c) ANNUAL REPORT ON SEXUAL HARASSMENT IN10 VOLVING MEMBERS OF THE ARMED FORCES.— 

11 (1) ANNUAL REPORT ON SEXUAL HARASS12 MENT.—Not later than March 1, 2015, and each 

13 March 1 thereafter through March 1, 2018, the Sec14 retary of each military department shall submit to 

15 the Secretary of Defense a report on the sexual har16 assments involving members of the Armed Forces 

17 under the jurisdiction of such Secretary during the 

18 preceding year. Each Secretary of a military depart19 ment shall submit the report on a year under this 

20 section at the same time as the submittal of the an21 nual report on sexual assaults during that year 

22 under section 1631 of the Ike Skelton National De23 fense Authorization Act for Fiscal Year 2011 (10 

24 U.S.C. 1561 note). In the case of the Secretary of 


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1 the Navy, separate reports shall be prepared under 

2 this section for the Navy and the Marine Corps. 

3 (2) CONTENTS.—The report of a Secretary of a 

4 military department for an Armed Force under 

5 paragraph (1) shall contain the following: 

6 (A) The number of sexual harassments 

7 committed against members of the Armed 

8 Force that were reported to military officials 

9 during the year covered by the report, and the 

10 number of the cases so reported that were sub11 stantiated. 

12 (B) The number of sexual harassments 

13 committed by members of the Armed Force 

14 that were reported to military officials during 

15 the year covered by the report, and the number 

16 of the cases so reported that were substan17 tiated. The information required by this sub18 paragraph may not be combined with the infor19 mation required by subparagraph (A). 

20 (C) A synopsis of each such substantiated 

21 case and, for each such case, the action taken 

22 in such case, including the type of disciplinary 

23 or administrative sanction imposed, section 815 

24 of title 10, United States Code (article 15 of 

25 the Uniform Code of Military Justice). 


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26 

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1 (D) The policies, procedures, and processes 

2 implemented by the Secretary during the year 

3 covered by the report in response to incidents of 

4 sexual harassment involving members of that 

5 Armed Force. 

6 (E) Any other matters relating to sexual 

7 harassment involving members of the Armed 

8 Forces that the Secretary considers appro9 priate. 

Æ 


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