H. R. 4310—130 
(H) An assessment of the adequacy of the systems 
and procedures to support and protect victims in all phases 
of the investigation, prosecution, and adjudication of adult 
sexual assault crimes, including whether victims are pro-
vided the rights afforded by section 3771 of title 18, United 
States Code, Department of Defense Directive 1030.1, and 
Department of Defense Instruction 1030.2. 
(I) Such other matters and materials the panel con-
siders appropriate. 
(2) JUDICIAL PROCEEDINGS PANEL.—The panel required by 
subsection (a)(2) shall perform the following duties: 
(A) Assess and make recommendations for improve-
ments in the implementation of the reforms to the offenses 
relating to rape, sexual assault, and other sexual mis-
conduct under the Uniform Code of Military Justice that 
were enacted by section 541 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1404). 
(B) Review and evaluate current trends in response 
to sexual assault crimes whether by courts-martial pro-
ceedings, non-judicial punishment and administrative 
actions, including the number of punishments by type, 
and the consistency and appropriateness of the decisions, 
punishments, and administrative actions based on the facts 
of individual cases. 
(C) Identify any trends in punishments rendered by 
military courts, including general, special, and summary 
courts-martial, in response to sexual assault, including the 
number of punishments by type, and the consistency of 
the punishments, based on the facts of each case compared 
with the punishments rendered by Federal and State 
criminal courts. 
(D) Review and evaluate court-martial convictions for 
sexual assault in the year covered by the most-recent report 
required by subsection (c)(2) and the number and descrip-
tion of instances when punishments were reduced or set 
aside upon appeal and the instances in which the defendant 
appealed following a plea agreement, if such information 
is available. 
(E) Review and assess those instances in which prior 
sexual conduct of the alleged victim was considered in 
a proceeding under section 832 of title 10, United States 
Code (article 32 of the Uniform Code of Military Justice), 
and any instances in which prior sexual conduct was deter-
mined to be inadmissible. 
(F) Review and assess those instances in which evi-
dence of prior sexual conduct of the alleged victim was 
introduced by the defense in a court-martial and what 
impact that evidence had on the case. 
(G) Building on the data compiled as a result of para-
graph (1)(D), assess the trends in the training and experi-
ence levels of military defense and trial counsel in adult 
sexual assault cases and the impact of those trends in 
the prosecution and adjudication of such cases. 
(H) Monitor trends in the development, utilization and 
effectiveness of the special victims capabilities required 
by section 573 of this Act.
H. R. 4310—131 
(I) Monitor the implementation of the April 20, 2012, 
Secretary of Defense policy memorandum regarding with-
holding initial disposition authority under the Uniform 
Code of Military Justice in certain sexual assault cases. 
(J) Consider such other matters and materials as the 
panel considers appropriate for purposes of the reports. 
(3) UTILIZATION OF OTHER STUDIES.—In conducting reviews 
and assessments and preparing reports, a panel may review, 
and incorporate as appropriate, the data and findings of 
applicable ongoing and completed studies. 
(e) AUTHORITY OF PANELS.— 
(1) HEARINGS.—A panel may hold such hearings, sit and 
act at such times and places, take such testimony, and receive 
such evidence as the panel considers appropriate to carry out 
its duties under this section. 
(2) INFORMATION FROM FEDERAL AGENCIES.—Upon request 
by the chair of a panel, a department or agency of the Federal 
Government shall provide information that the panel considers 
necessary to carry out its duties under this section. 
(f) PERSONNEL MATTERS.— 
(1) PAY
OF
MEMBERS.—Members of a panel shall serve 
without pay by reason of their work on the panel. 
(2) TRAVEL EXPENSES.—The members of a panel shall be 
allowed travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business in the 
performance or services for the panel. 
(3) STAFFING AND RESOURCES.—The Secretary of Defense 
shall provide staffing and resources to support the panels, 
except that the Secretary may not assign primary responsibility 
for such staffing and resources to the Sexual Assault Prevention 
and Response Office. 
SEC. 577. RETENTION OF CERTAIN FORMS IN CONNECTION WITH 
RESTRICTED REPORTS ON SEXUAL ASSAULT AT REQUEST 
OF THE MEMBER OF THE ARMED FORCES MAKING THE 
REPORT. 
(a) PERIOD OF RETENTION.—At the request of a member of 
the Armed Forces who files a Restricted Report on an incident 
of sexual assault involving the member, the Secretary of Defense 
shall ensure that all copies of Department of Defense Form 2910 
and Department of Defense Form 2911 filed in connection with 
the Restricted Report be retained for the longer of— 
(1) 50 years commencing on the date of signature of the 
member on Department of Defense Form 2910; or 
(2) the time provided for the retention of such forms in 
connection with Unrestricted Reports on incidents of sexual 
assault involving members of the Armed Forces under Depart-
ment of Defense Directive-Type Memorandum (DTM) 11–062, 
entitled ‘‘Document Retention in Cases of Restricted and Unre-
stricted Reports of Sexual Assault’’, or any successor directive 
or policy. 
(b) PROTECTION
OF
CONFIDENTIALITY.—Any Department of 
Defense form retained under subsection (a) shall be retained in 
a manner that protects the confidentiality of the member of the 
Armed Forces concerned in accordance with procedures for the
H. R. 4310—132 
protection of confidentiality of information in Restricted Reports 
under Department of Defense memorandum JTF–SAPR–009, 
relating to the Department of Defense policy on confidentiality 
for victims of sexual assault, or any successor policy or directive. 
SEC. 578. GENERAL OR FLAG OFFICER REVIEW OF AND CONCURRENCE 
IN SEPARATION OF MEMBERS OF THE ARMED FORCES 
MAKING AN UNRESTRICTED REPORT OF SEXUAL ASSAULT. 
(a) REVIEW REQUIRED.—The Secretary of Defense shall develop 
a policy to require a general officer or flag officer of the Armed 
Forces to review the circumstances of, and grounds for, the proposed 
involuntary separation of any member of the Armed Forces who— 
(1) made an Unrestricted Report of a sexual assault; 
(2) within one year after making the Unrestricted Report 
of a sexual assault, is recommended for involuntary separation 
from the Armed Forces; and 
(3) requests the review on the grounds that the member 
believes the recommendation for involuntary separation from 
the Armed Forces was initiated in retaliation for making the 
report. 
(b) CONCURRENCE REQUIRED.—If a review is requested by a 
member of the Armed Forces as authorized by subsection (a), the 
concurrence of the general officer or flag officer conducting the 
review of the proposed involuntary separation of the member is 
required in order to separate the member. 
(c) SUBMISSION OF POLICY.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report containing the policy devel-
oped under subsection (a). 
(d) APPLICATION OF POLICY.—The policy developed under sub-
section (a) shall take effect on the date of the submission of the 
policy to Congress under subsection (c) and apply to members 
of the Armed Forces described in subsection (a) who are proposed 
to be involuntarily separated from the Armed Forces on or after 
that date. 
SEC. 579. DEPARTMENT OF DEFENSE POLICY AND PLAN FOR PREVEN-
TION AND RESPONSE TO SEXUAL HARASSMENT IN THE 
ARMED FORCES. 
(a) COMPREHENSIVE PREVENTION AND RESPONSE POLICY.— 
(1) POLICY
REQUIRED.—The Secretary of Defense shall 
develop a comprehensive policy to prevent and respond to 
sexual harassment in the Armed Forces. The policy shall pro-
vide for the following: 
(A) Training for members of the Armed Forces on 
the prevention of sexual harassment. 
(B) Mechanisms for reporting incidents of sexual 
harassment in the Armed Forces, including procedures for 
reporting anonymously. 
(C) Mechanisms for responding to and resolving 
incidents of alleged sexual harassment incidences involving 
members of the Armed Forces, including through the 
prosecution of offenders. 
(2) REPORT.—Not later than one year after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the
H. R. 4310—133 
House of Representatives a report setting forth the policy 
required by paragraph (1). 
(3) CONSULTATION.—The Secretary of Defense shall prepare 
the policy and report required by this subsection in consultation 
with the Secretaries of the military departments and the Equal 
Opportunity Office of the Department of Defense. 
(b) DATA COLLECTION AND REPORTING REGARDING SUBSTAN-
TIATED INCIDENTS OF SEXUAL HARASSMENT.— 
(1) PLAN
REQUIRED.—The Secretary of Defense shall 
develop a plan to collect information and data regarding 
substantiated incidents of sexual harassment involving mem-
bers of the Armed Forces. The plan shall specifically deal 
with the need to identify cases in which a member is accused 
of multiple incidents of sexual harassment. 
(2) SUBMISSION OF PLAN.—Not later than June 1, 2013, 
the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives 
the plan developed under paragraph (1). 
(3) REPORTING
REQUIREMENT.—As part of the reports 
required to be submitted in 2014 under section 1631 of the 
Ike Skelton National Defense Authorization Act for Fiscal Year 
2011 (Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 
note), the Secretary of Defense shall include information and 
data collected under the plan during the preceding year 
regarding 
substantiated 
incidents 
of 
sexual 
harassment 
involving members of the Armed Forces. 
Subtitle I—Suicide Prevention and 
Resilience 
SEC. 580. ENHANCEMENT OF OVERSIGHT AND MANAGEMENT OF 
DEPARTMENT OF DEFENSE SUICIDE PREVENTION AND 
RESILIENCE PROGRAMS. 
(a) IN
GENERAL.—The Secretary of Defense shall, acting 
through the Under Secretary of Defense for Personnel and Readi-
ness, establish within the Office of the Secretary of Defense a 
position with responsibility for oversight of all suicide prevention 
and resilience programs of the Department of Defense (including 
those of the military departments and the Armed Forces). 
(b) SCOPE OF RESPONSIBILITIES.—The individual serving in the 
position established under subsection (a) shall have the responsibil-
ities as follows: 
(1) To establish a uniform definition of resiliency for use 
in the suicide prevention and resilience programs and preventa-
tive behavioral health programs of the Department of Defense 
(including those of the military departments and the Armed 
Forces). 
(2) To oversee the implementation of the comprehensive 
policy on the prevention of suicide among members of the 
Armed Forces required by section 582. 
SEC. 581. RESERVE COMPONENT SUICIDE PREVENTION AND RESIL-
IENCE PROGRAM. 
(a) CODIFICATION, TRANSFER OF RESPONSIBILITY, AND EXTEN-
SION.—