[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3647 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Sexual Assault Prevention 
Act of 2012''.

SEC. 2. PROHIBITION ON SERVICE IN THE ARMED FORCES BY INDIVIDUALS WHO 
              HAVE BEEN CONVICTED OF A SEXUAL OFFENSE.

    (a) Prohibition.--Chapter 37 of title 10, United States Code, is 
amended adding at the end the following new section:
``Sec. 656. Prohibition on service in the armed forces by individuals 
              convicted of a sexual offense
    ``(a) Prohibition on Commissioning or Enlistment.--(1) A person who 
has been convicted of an offense specified in paragraph (2) under 
Federal or State law may not be processed for commissioning or 
permitted to enlist in the armed forces.
    ``(2) An offense specified in this paragraph is any felony offense 
as follows:
            ``(A) Rape.
            ``(B) Sexual assault.
            ``(C) Forcible sodomy.
            ``(D) Incest.
    ``(b) Administrative Separation for Certain Offenses Not Resulting 
in Punitive Discharge.--(1) Any member of the armed forces on active 
duty, and any member of a reserve component of the armed forces not on 
active duty but in active status, who is convicted of an offense 
specified in paragraph (2) and not punitively discharged from the armed 
forces in connection with such conviction shall be separated 
administratively from the armed forces for such offense.
    ``(2) An offense specified in this paragraph is any offense as 
follows:
            ``(A) Rape or sexual assault under subsection (a) or (b) of 
        section 920 of this title (article 120 of the Uniform Code of 
        Military Justice).
            ``(B) Forcible sodomy under section 925 of this title 
        (article 125 of the Uniform Code of Military Justice).
            ``(C) An attempt to commit an offense specified in 
        subparagraph (A) or (B), as punishable under section 880 of 
        this title (article 80 of the Uniform Code of Military 
        Justice).
    ``(3) Under regulations prescribed by the Secretary of Defense, the 
Secretary of the military department concerned may waive the 
requirement in paragraph (1) with respect to a member if the waiver is 
determined appropriate in the interests of the national security of the 
United States. Waivers under this paragraph shall be made on a case-by-
case basis.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 37 of such title is amended by adding at the end the following 
new item:

``656. Prohibition on service in the armed forces by individuals 
                            convicted of a sexual offense.''.

SEC. 3. PERSONS WHO MAY EXERCISE DISPOSITION AUTHORITY REGARDING 
              CHARGES INVOLVING CERTAIN SEXUAL MISCONDUCT OFFENSES 
              UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

    (a) Persons Who May Exercise Disposition Authority.--
            (1) Disposition authority.--With respect to any charge 
        under chapter 47 of title 10, United States Code (the Uniform 
        Code of Military Justice), that alleges an offense specified in 
        paragraph (2), the Secretary of Defense shall require the 
        Secretaries of the military departments to restrict disposition 
        authority under section 830 of such chapter (article 30 of the 
        Uniform Code of Military Justice) to officers of the Armed 
        Forces who have the authority to convene special courts-martial 
        under section 823 of such chapter (article 23 of the Uniform 
        Code of Military Justice), but not lower than the following:
                    (A) In the case of a training command, the first 
                brigadier general, or, in the case of the Navy, the 
                first rear admiral (lower half), with a legal advisor 
                (or access to a legal advisor) in the chain of command 
                of the person accused of committing the offense.
                    (B) In the case of any other command, the first 
                colonel, or in the case of the Navy, the first captain, 
                with a legal advisor (or access to a legal advisor) in 
                the chain of command of the person accused of 
                committing the offense.
            (2) Covered offenses.--Paragraph (1) applies with respect 
        to a charge that alleges any of the following offenses under 
        chapter 47 of title 10, United States Code (the Uniform Code of 
        Military Justice):
                    (A) Rape or sexual assault under subsection (a) or 
                (b) of section 920 of such chapter (article 120 of the 
                Uniform Code of Military Justice).
                    (B) Forcible sodomy under section 925 of such 
                chapter (article 125 of the Uniform Code of Military 
                Justice).
                    (C) An attempt to commit an offense specified in 
                subparagraph (A) or (B), as punishable under section 
                880 of such chapter (article 80 of the Uniform Code of 
                Military Justice).
    (b) Implementation.--
            (1) Secretaries of military departments.--The Secretaries 
        of the military departments shall revise policies and 
        procedures as necessary to comply with subsection (a).
            (2) Secretary of defense.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary of Defense 
        shall recommend such changes to the Manual for Courts-Martial 
        as are necessary to ensure compliance with subsection (a).

SEC. 4. POLICY OF THE UNITED STATES ON DISPOSITION OF CHARGES INVOLVING 
              CERTAIN SEXUAL MISCONDUCT OFFENSES UNDER THE UNIFORM CODE 
              OF MILITARY JUSTICE THROUGH COURTS-MARTIAL.

    (a) Statement of Policy.--It shall be the policy of the United 
States that any charge regarding an offense specified in subsection (b) 
should be disposed of by court-martial, rather than by non-judicial 
punishment or administrative action.
    (b) Covered Offenses.--An offense specified in this subsection is 
any of the following offenses under chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice):
            (1) Rape or sexual assault under subsection (a) or (b) of 
        section 920 of such chapter (article 120 of the Uniform Code of 
        Military Justice).
            (2) Forcible sodomy under section 925 of such chapter 
        (article 125 of the Uniform Code of Military Justice).
            (3) An attempt to commit an offense specified in paragraph 
        (1) or (2), as punishable under section 880 of such chapter 
        (article 80 of the Uniform Code of Military Justice).
    (c) Justification for Disposition Other Than by Court-Martial.--In 
the case of any charge regarding an offense specified in subsection (b) 
that is disposed of by non-judicial punishment or administrative 
action, rather than by court-martial, the disposition authority 
provided for in section 3 shall include in the case file a 
justification for the disposition of the charge by non-judicial 
punishment or administrative action, rather than by court-martial.

SEC. 5. INCLUSION AND COMMAND REVIEW OF INFORMATION ON SEXUAL-RELATED 
              OFFENSES IN PERSONNEL SERVICE RECORDS OF MEMBERS OF THE 
              ARMED FORCES.

    (a) Information on Substantiated Reports on Sexual-Related 
Offenses.--
            (1) In general.--If a complaint of a sexual-related offense 
        is made against a member of the Armed Forces and the complaint 
        is substantiated, a notation to that effect shall be placed in 
        the personnel service record of the member, regardless of the 
        member's grade.
            (2) Purpose.--The purpose of the inclusion of information 
        in personnel service records under paragraph (1) is to alert 
        commanders to the members of their command who have received 
        courts-martial conviction, non-judicial punishment, or 
        administrative action for sexual-related offenses in order to 
        reduce the likelihood that repeat offenses will escape the 
        notice of commanders.
    (b) Limitation on Placement.--A notation under subsection (a) may 
not be placed in the restricted section of the personnel service record 
of a member.
    (c) Construction.--Nothing in subsection (a) or (b) may be 
construed to prohibit or limit the capacity of a member of the Armed 
Forces to challenge or appeal the placement of a notation, or location 
of placement of a notation, in the member's personnel service record in 
accordance with procedures otherwise applicable to such challenges or 
appeals.
    (d) Substantiated Complaints.--For purposes of implementing this 
section, the Secretary of Defense shall use the definition of 
substantiated developed for purposes of the annual report on sexual 
assaults involving members of the Armed Forces prepared under section 
1631 of the Ike Skelton National Defense Authorization Act for Fiscal 
Year 2011 (10 U.S.C. 1561 note).
    (e) Command Review of History of Sexual-Related Offenses of Members 
Upon Assignment or Transfer to New Unit.--
            (1) Review required.--Under uniform regulations prescribed 
        by the Secretary of Defense, the commanding officer of a 
        facility, installation, or unit to which a member of the Armed 
        Forces described in paragraph (2) is permanently assigned or 
        transferred shall review the history of substantiated sexual 
        offenses of the member in order to familiarize such officer 
        with such history of the member.
            (2) Covered members.--A member of the Armed Forces 
        described in this paragraph is a member of the Armed Forces 
        who, at the time of assignment or transfer as described in 
        paragraph (1), has a history of one or more substantiated 
        sexual offenses as documented in the personnel service record 
        of such member or such other records or files as the Secretary 
        shall specify in the regulations prescribed under paragraph 
        (1).

SEC. 6. COLLECTION AND RETENTION OF RECORDS ON DISPOSITION OF REPORTS 
              OF SEXUAL ASSAULT.

    (a) Collection.--The Secretary of Defense shall require that the 
Secretary of each military department establish a record on the 
disposition of any report of sexual assault, whether such disposition 
is court-martial, non-judicial punishment, or other administrative 
action. The record of any such disposition shall include the following, 
as appropriate:
            (1) Documentary information collected about the incident 
        reported.
            (2) 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 and local court and other sentencing, or any 
        other punishment imposed.
            (3) Reasons for the selection of the disposition and 
        punishments selected.
            (4) Administrative actions taken, if any.
            (5) Any pertinent referrals offered as a result of the 
        incident (such as drug and alcohol counseling and other types 
        of counseling or intervention).
    (b) Retention.--The Secretary of Defense shall require that--
            (1) the records established pursuant to subsection (a) be 
        retained by the Department of Defense for a period of not less 
        than 50 years; and
            (2) a copy of such records be maintained at a centralized 
        location for the same period as applies to retention of the 
        records under paragraph (1).

SEC. 7. RETENTION OF CERTAIN FORMS IN CONNECTION WITH RESTRICTED 
              REPORTS ON SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED 
              FORCES.

    (a) Period of Retention.--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 a Restricted Report on an 
incident of sexual assault involving a member of the Armed Forces shall 
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 Department 
        of Defense Directive-Type Memorandum (DTM) 11-062, entitled 
        ``Document Retention in Cases of Restricted and Unrestricted 
        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 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. 8. ENHANCEMENT OF ANNUAL REPORTS REGARDING SEXUAL ASSAULTS 
              INVOLVING MEMBERS OF THE ARMED FORCES.

    (a) In General.--Section 1631(b) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is 
amended--
            (1) by striking paragraph (3) and inserting the following 
        new paragraph (3):
            ``(3) A synopsis of each such substantiated case, organized 
        by offense, and, for each such case, the action taken in such 
        case, including the following information:
                    ``(A) The type of disciplinary or administrative 
                sanction imposed, if any, including courts-martial 
                sentences, non-judicial punishments administered by 
                commanding officers pursuant to section 815 of title 
                10, United States Code (article 15 of the Uniform Code 
                of Military Justice), and administrative separations.
                    ``(B) A description of and rationale for the final 
                disposition and punishment, regardless of type of 
                disciplinary or administrative sanction imposed, 
                including, in a case in which an Article 32 
                investigating officer recommended dismissal of the 
                charges, an explicit statement of the reasons for such 
                recommendation.
                    ``(C) The unit and location of service at which the 
                incident occurred.
                    ``(D) Whether the accused was previously accused of 
                a substantiated sexual assault or sexual harassment.
                    ``(E) Whether the accused was admitted to the Armed 
                Forces under a moral waiver granted with respect to 
                prior sexual misconduct.
                    ``(F) Whether alcohol was involved in the incident.
                    ``(G) If the member was administratively separated 
                or, in the case of an officer, allowed to resign in 
                lieu of facing a court-martial, the characterization 
                given the service of the member upon separation.''; and
            (2) by adding at the end the following new paragraphs
            ``(7) The number of applications submitted under section 
        673 of title 10, United States Code, during the year covered by 
        the report for a permanent change of station or unit transfer 
        for members of the Armed Forces on active duty who are the 
        victim of a sexual assault or related offense, the number of 
        applications denied, and, for each application denied, a 
        description of the reasons why such application was denied.
            ``(8) An analysis and assessment of trends in the 
        incidence, disposition, and prosecution of sexual assaults by 
        commands and installations during the year covered by the 
        report, including trends relating to prevalence of incidents, 
        prosecution of incidents, and avoidance of incidents.
            ``(9) An assessment of the adequacy of sexual assault 
        prevention and response activities carried out by training 
        commands during the year covered by the report.
            ``(10) An analysis of the specific factors that may have 
        contributed to sexual assault during the year covered by the 
        report, including sexual harassment and substance abuse, an 
        assessment of the role of such factors in contributing to 
        sexual assaults during that year, and recommendations for 
        mechanisms to eliminate or reduce the incidence of such factors 
        or their contributions to sexual assaults.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, and shall apply 
beginning with the report required to be submitted by March 1, 2014, 
under section 1631 of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (as amended by subsection (a)).

SEC. 9. INDEPENDENT REVIEW AND ASSESSMENT OF UNIFORM CODE OF MILITARY 
              JUSTICE AND JUDICIAL PROCEEDINGS OF SEXUAL ASSAULT CASES.

    (a) Independent Review and Assessment.--There is hereby established 
an independent panel to conduct an independent review and assessment of 
judicial proceedings under chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice), involving sexual assault and 
related offenses for the purpose of developing potential improvements 
to such proceedings.
    (b) Independent Panel for Review.--
            (1) Composition.--The panel required by subsection (a) 
        shall be composed of seven members, appointed as provided in 
        paragraph (2) from among private United States citizens who 
        have expertise in military law, civilian law, prosecution of 
        sexual assaults in Federal criminal court, military justice 
        policies, the missions of the Armed Forces, or offenses 
        relating to rape, sexual assault, and other sexual misconduct 
        under the Uniform Code of Military Justice.
            (2) Appointments.--Of the members of the panel--
                    (A) three shall be appointed by the Secretary of 
                Defense;
                    (B) one shall be appointed by the Speaker of the 
                House of Representatives;
                    (C) one shall be appointed by the minority leader 
                of the House of Representatives;
                    (D) one shall be appointed by the majority leader 
                of Senate; and
                    (E) one shall be appointed by the minority leader 
                of the Senate.
            (3) Chair.--The chair of the panel shall be appointed by 
        the Secretary from among the members of the panel appointed 
        under paragraph (1).
            (4) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the panel. Any vacancy in the panel 
        shall be filled in the same manner as the original appointment.
            (5) Deadline for appointments.--All original appointments 
        to the panel shall be made not later than 120 days after the 
        date of the enactment of this Act.
            (6) Meetings.--The panel shall meet at the call of the 
        chair.
            (7) First meeting.--The chair shall call the first meeting 
        of the panel not later than 60 days after the date of the 
        appointment of all the members of the panel.
            (8) Duration.--The panel shall expire on September 30, 
        2017.
    (c) Duties.--
            (1) Annual review report on ucmj and recent reforms.--The 
        panel required by subsection (a) shall--
                    (A) review and assess on an annual basis judicial 
                proceedings under chapter 47 of title 10, United States 
                Code (the Uniform Code of Military Justice), involving 
                sexual assault and related offenses; and
                    (B) prepare on an annual basis a report summarizing 
                the results of the review and assessment under 
                subparagraph (A).
            (2) Considerations.--In conducting reviews and assessments 
        and preparing annual reports under paragraph (1), the panel 
        shall review, evaluate, and assess the following:
                    (A) The advisory sentencing guidelines given by 
                judges in Federal courts and how those guidelines 
                compare to advisory sentencing guidance provided to 
                panels rendering punishments in court-martial 
                proceedings, including whether it would be more 
                beneficial for advisory sentencing guidelines to be 
                provided to panels or for discretion to be given to 
                judges regarding whether to issue advisory sentencing 
                guidelines.
                    (B) The punishments or administrative actions taken 
                in response to sexual assault court-martial 
                proceedings, including the number of punishments or 
                administrative actions taken as rendered by a panel and 
                the number of punishments or administrative actions 
                rendered by a judge and the consistency and 
                proportionality of the decisions, punishments, and 
                administrative actions to the facts of each case 
                compared with Federal and State criminal courts.
                    (C) The court-martial convictions of sexual 
                assaults in the year covered by the report and the 
                number and description of instances when punishments 
                were reduced upon appeal and the instances in which the 
                defendant appealed following a plea agreement, if such 
                information is available.
                    (D) The training level of defense and prosecution 
                trial counsel, including an inventory of the experience 
                of judge advocate general lead trial counsel in each 
                instance and any existing standards or requirements for 
                lead counsel, including their experience in defending 
                or prosecuting sexual assault and related offenses.
                    (E) The extent and nature, if any, of illicit 
                pressure on prosecutors either to bring cases to trial 
                or not bring cases to trial, and any influence of 
                commanders on and over judicial proceedings.
                    (F) The training provided criminal investigators, 
                and the procedures followed to investigate cases before 
                trial.
                    (G) The implementation of recent reforms to 
                offenses relating to sexual assault and related 
                offenses, including the reforms enacted by section 544 
                of the National Defense Authorization Act for Fiscal 
                Year 2012 (Public Law 112-81; 125 Stat. 1404) and any 
                other recent reforms.
                    (H) Such other matters and materials as the panel 
                considers appropriate for purposes of the reports.
            (3) Use of other studies.--In preparing the reports, the 
        panel may review, and incorporate as appropriate, the findings 
        of applicable ongoing and completed studies.
            (4) First report.--Not later than 180 days after its first 
        meeting, the panel shall submit to the Secretary of Defense and 
        the Committees on Armed Services of the Senate and the House of 
        Representatives its first report under this subsection. The 
        panel shall include in the report such proposals for 
        legislative or administrative action as the panel considers 
        appropriate in light of its review.
    (d) Powers of Panel.--
            (1) Hearing.--The 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 the panel, any department or agency of the Federal 
        Government may provide information that the panel considers 
        necessary to carry out its duties under this section.
    (e) Personnel Matters.--
            (1) Pay of members.--Members of the panel shall serve 
        without pay by reason of their work on the panel.
            (2) Travel expenses.--The members of the panel shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter 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.

SEC. 10. PREVENTION AND RESPONSE TO SEXUAL HARASSMENT IN THE ARMED 
              FORCES.

    (a) Comprehensive Policy Required.--
            (1) In general.--The Secretary of Defense shall, in 
        consultation with the Secretaries of the military departments 
        and the Equal Opportunity Office of the Department of Defense, 
        develop a comprehensive policy to prevent and respond to sexual 
        harassment in the Armed Forces. The policy shall provide 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 House of 
        Representatives a report setting forth the policy required by 
        paragraph (1).
    (b) Collection and Retention of Records on Disposition of Reports 
of Sexual Harassment.--
            (1) Collection.--The Secretary of Defense shall require 
        that the Secretary of each military department establish a 
        record on the disposition of any report of sexual harassment, 
        whether such disposition is court-martial, non-judicial 
        punishment, or other administrative action. The record of any 
        such disposition shall include the following, as appropriate:
                    (A) Documentary information collected about the 
                incident reported.
                    (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 and local court and 
                other sentencing, or any other punishment imposed.
                    (C) Reasons for the selection of the disposition 
                and punishments selected.
                    (D) Administrative actions taken, if any.
                    (E) Any pertinent referrals offered as a result of 
                the incident (such as drug and alcohol counseling and 
                other types of counseling or intervention).
            (2) Retention.--The Secretary of Defense shall require 
        that--
                    (A) the records established pursuant to paragraph 
                (1) be retained by the Department of Defense for a 
                period of not less than 50 years; and
                    (B) a copy of such records be maintained at a 
                centralized location for the same period as applies to 
                retention of the records under subparagraph (A).
    (c) Annual Report on Sexual Harassment Involving Members of the 
Armed Forces.--
            (1) Annual report on sexual harassment.--Not later than 
        March 1, 2015, and each March 1 thereafter through March 1, 
        2018, the Secretary of each military department shall submit to 
        the Secretary of Defense a report on the sexual harassments 
        involving members of the Armed Forces under the jurisdiction of 
        such Secretary during the preceding year. Each Secretary of a 
        military department shall submit the report on a year under 
        this section at the same time as the submittal of the annual 
        report on sexual assaults during that year under section 1631 
        of the Ike Skelton National Defense Authorization Act for 
        Fiscal Year 2011 (10 U.S.C. 1561 note). In the case of the 
        Secretary of the Navy, separate reports shall be prepared under 
        this section for the Navy and the Marine Corps.
            (2) Contents.--The report of a Secretary of a military 
        department for an Armed Force under paragraph (1) shall contain 
        the following:
                    (A) The number of sexual harassments committed 
                against members of the Armed Force that were reported 
                to military officials during the year covered by the 
                report, and the number of the cases so reported that 
                were substantiated.
                    (B) The number of sexual harassments committed by 
                members of the Armed Force that were reported to 
                military officials during the year covered by the 
                report, and the number of the cases so reported that 
                were substantiated. The information required by this 
                subparagraph may not be combined with the information 
                required by subparagraph (A).
                    (C) A synopsis of each such substantiated case and, 
                for each such case, the action taken in such case, 
                including the type of disciplinary or administrative 
                sanction imposed, section 815 of title 10, United 
                States Code (article 15 of the Uniform Code of Military 
                Justice).
                    (D) The policies, procedures, and processes 
                implemented by the Secretary during the year covered by 
                the report in response to incidents of sexual 
                harassment involving members of that Armed Force.
                    (E) Any other matters relating to sexual harassment 
                involving members of the Armed Forces that the 
                Secretary considers appropriate.
                                 <all>