[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3224 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3224
To amend title 10, United States Code, to improve the responses of the
Department of Defense to sex-related offenses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2021
Ms. Speier (for herself, Mr. Mullin, Ms. Garcia of Texas, Mr.
Balderson, Ms. Escobar, Mr. Crow, Mr. Auchincloss, Mrs. Axne, Ms.
Barragan, Mrs. Beatty, Mr. Beyer, Mr. Bilirakis, Mr. Blumenauer, Ms.
Bonamici, Mr. Brown, Ms. Brownley, Mrs. Bustos, Mr. Carbajal, Mr.
Cardenas, Mr. Carson, Mr. Cartwright, Mr. Castro of Texas, Ms. Chu, Ms.
Clark of Massachusetts, Mr. Cleaver, Mr. Cohen, Mr. Cole, Mr. Connolly,
Mr. Cooper, Mr. Costa, Mr. Courtney, Mr. Cuellar, Ms. Davids of Kansas,
Mr. Danny K. Davis of Illinois, Mr. DeFazio, Ms. DelBene, Mrs. Demings,
Mr. DeSaulnier, Mrs. Dingell, Ms. Eshoo, Ms. Leger Fernandez, Mr.
Fitzpatrick, Mr. Foster, Ms. Lois Frankel of Florida, Mr. Gallego, Mr.
Garamendi, Mr. Garcia of California, Mr. Garcia of Illinois, Mr. Gomez,
Mr. Tony Gonzales of Texas, Mr. Vicente Gonzalez of Texas, Miss
Gonzalez-Colon, Mr. Gottheimer, Mr. Graves of Louisiana, Mr. Green of
Texas, Mr. Grijalva, Mr. Harder of California, Mrs. Hayes, Mr. Hern,
Mr. Horsford, Ms. Houlahan, Ms. Johnson of Texas, Mr. Jones, Mr.
Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kim of New Jersey, Mr. Kind, Mrs.
Kirkpatrick, Ms. Kuster, Mrs. Lawrence, Ms. Lee of California, Mr.
Levin of California, Mr. Lowenthal, Mr. Lynch, Mrs. Carolyn B. Maloney
of New York, Ms. Matsui, Mrs. McBath, Mr. McCaul, Ms. McCollum, Mr.
McGovern, Mr. Meeks, Ms. Meng, Mr. Mfume, Mr. Moolenaar, Ms. Moore of
Wisconsin, Mr. Morelle, Mr. Moulton, Mr. Mrvan, Mrs. Napolitano, Mr.
Neguse, Ms. Newman, Ms. Norton, Ms. Ocasio-Cortez, Mr. O'Halleran, Ms.
Omar, Mr. Pallone, Mr. Panetta, Mr. Pappas, Mr. Sean Patrick Maloney of
New York, Mr. Perlmutter, Mr. Phillips, Ms. Pingree, Mr. Pocan, Ms.
Pressley, Mr. Quigley, Mrs. Radewagen, Mr. Raskin, Ms. Ross, Ms.
Roybal-Allard, Mr. Ruppersberger, Mr. Rush, Mr. Ryan, Ms. Sanchez, Mr.
Sarbanes, Ms. Scanlon, Ms. Schakowsky, Mr. Schiff, Mr. Sherman, Ms.
Sherrill, Ms. Slotkin, Mr. Soto, Ms. Spanberger, Ms. Strickland, Mr.
Suozzi, Mr. Takano, Mr. Thompson of California, Ms. Titus, Ms. Tlaib,
Mrs. Torres of California, Mrs. Trahan, Mr. Trone, Mr. Vargas, Mr.
Veasey, Mr. Vela, Ms. Velazquez, Ms. Wasserman Schultz, Mr. Welch, Ms.
Wild, Ms. Wilson of Florida, Mr. Yarmuth, Mr. Young, Ms. Bass, Mr.
Bera, Ms. Blunt Rochester, Mr. Cicilline, Mr. Correa, Ms. Craig, Mr.
Crist, Ms. DeLauro, Mrs. Fletcher, Mr. Huffman, Ms. Jackson Lee, Ms.
Jayapal, Mr. Jeffries, Mr. Johnson of Georgia, Ms. Kaptur, Mr. Keating,
Mr. Krishnamoorthi, Mr. Langevin, Mrs. Lee of Nevada, Mr. Levin of
Michigan, Ms. Manning, Mr. Nadler, Mr. Norcross, Mr. David Scott of
Georgia, Ms. Stevens, Mr. Swalwell, Mr. Thompson of Mississippi, Ms.
Castor of Florida, Ms. DeGette, Ms. Schrier, and Ms. Jacobs of
California) introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to improve the responses of the
Department of Defense to sex-related offenses, 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 ``I am Vanessa Guillen Act of 2021''.
SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED TO TRIAL BY
COURT-MARTIAL ON CHARGES INVOLVING SEX-RELATED OFFENSES.
(a) Role of Office of the Chief Prosecutor in Determination To
Proceed to Trial on Charge Involving Sex-Related Offense.--
(1) Review and determinations by office of the chief
prosecutor.--Section 834 of title 10, United States Code
(article 34 of the Uniform Code of Military Justice) is
amended--
(A) in subsection (a)(1), by striking ``Before
referral'' and inserting ``Except as provided in
subsection (c), before referral'';
(B) in subsection (b), by striking ``Before
referral'' and inserting ``Except as provided in
subsection (c), before referral'';
(C) by redesignating subsections (c) and (d) as
subsections (d) and (e) respectively; and
(D) by inserting after the subsection (b) the
following new subsection (c):
``(c) Referral and Determinations by Office of the Chief
Prosecutor.--
``(1) In the case of a charge relating to a sex-related
offense, instead of submitting the charge, and any accompanying
charges and specifications, to the staff judge advocate under
subsection (a), the convening authority shall submit, as soon
as reasonably practicable, the charge and accompanying charges
and specifications to the Office of the Chief Prosecutor of the
armed force of which the accused is a member to make the
determination required by subsection (a). The advice and
recommendations of the Office of the Chief Prosecutor regarding
disposition of charges by court-martial shall be free of
unlawful or unauthorized influence or coercion.
``(2) For purposes of this subsection, the term `sex-
related offense' means any of the following:
``(A) An offense covered by section 920, 920a,
920b, 920c, or 920d of this title (article 120, 120a,
120b, 120c, or 120d).
``(B) A conspiracy to commit an offense specified
in subparagraph (A) as punishable under section 881 of
this title (article 81).
``(C) A solicitation to commit an offense specified
in subparagraph (A) as punishable under section 882 of
this title (article 82).
``(D) An attempt to commit an offense specified in
subparagraphs (A) through (C) as punishable under
section 880 of this title (article 80).
``(3) If the Office of the Chief Prosecutor determines any
specification under a charge should be disposed of at court-
martial, the Office of the Chief Prosecutor also shall
determine whether to try the charge by a general court-martial
convened under section 822 of this title (article 22) or a
special court-martial convened under section 823 of this title
(article 23).
``(4) A determination under paragraph (3) to try a charge
relating to a sex-related offense by court-martial shall
include a determination to try all known offenses, including
lesser included offenses.
``(5) The Office of the Chief Prosecutor's determination to
dispose of any reviewed charge by court-martial under paragraph
(3), and by type of court-martial, shall be transmitted to the
convening authority established in section 822(a)(8) of this
title, and shall be binding on any applicable convening
authority. The Office of the Chief Prosecutor will notify the
original convening authority of the determination.
``(6) A determination under paragraph (3) not to proceed to
trial on a charge by general or special court-martial shall not
operate to terminate or otherwise alter the authority of
commanding officers to refer such charge for trial by summary
court-martial convened under section 824 of this title (article
24), to impose non-judicial punishment in connection with the
conduct covered by the charge as authorized by section 815 of
this title (article 15), or to take other administrative
action.
``(7) This subsection does not apply to the Coast Guard
when it is not operating as a service in the Department of the
Navy.''.
(2) Appointment of chief prosecutor.--For any Armed Force
(other than the Coast Guard) for which the position of Chief
Prosecutor does not exist as of the date of the enactment of
this Act, the Judge Advocate General of that Armed Force shall
establish the position of Chief Prosecutor and appoint as the
Chief Prosecutor a judge advocate in the grade of O-6 or above
who meets the requirements set forth in paragraphs (1) and (2)
of section 827(b) of title 10, United States Code (article
27(b) of the Uniform Code of Military Justice), and who has
significant experience prosecuting sexual assault trials by
court-martial.
(b) Chief Prosecutor Authority To Convene Article 32 Preliminary
Hearings.--Section 832(a) of title 10, United States Code (article
32(a) of the Uniform Code of Military Justice), is amended by adding at
the end the following new paragraph:
``(3) The Office of the Chief Prosecutor of an armed force may
order a preliminary hearing under this section in the event of an
allegation of a sex-related offense (as defined in section 834(c)(2) of
this title (article 34(c)(2))) involving a member of that armed force.
This paragraph does not apply to the Coast Guard when it is not
operating as a service in the Department of the Navy.''.
(c) Modification of Officers Authorized To Convene General and
Special Courts-Martial.--
(1) In general.--Section 822(a) of title 10, United States
Code (article 22(a) of the Uniform Code of Military Justice) is
amended--
(A) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively; and
(B) by inserting after paragraph (7) the following
new paragraph (8):
``(8) an officer in the grade of O-6 or higher who is
assigned such responsibility by the Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of the Air
Force, the Commandant of the Marine Corps, or the Chief of
Space Operations, except that an officer designated as a
convening authority under this paragraph--
``(A) may convene a court-martial only with respect
to a sex-related offense (as defined in section
834(c)(2) of this title (article 34(c)(2))) and any
accompanying charges and specifications; and
``(B) may not convene a court-martial if such
officer is in the chain of command of the accused or
the victim;''.
(2) Offices of chiefs of staff on courts-martial.--
(A) Offices required.--The Chief of Staff of the
Army, the Chief of Naval Operations, the Chief of Staff
of the Air Force, the Commandant of the Marine Corps,
and the Chief of Space Operations shall each establish
or designate an office to do the following:
(i) To convene general and special courts-
martial under sections 822 and 823 of title 10,
United States Code (articles 22 and 23 of the
Uniform Code of Military Justice), pursuant to
paragraph (8) of section 822(a) of title 10,
United States Code (article 22(a) of the
Uniform Code of Military Justice), as amended
by paragraph (1), with respect to a sex-related
offense (as defined in section 834(c)(2) of
title 10, United States Code (article 34(c)(2)
of the Uniform Code of Military Justice)) and
any accompanying charges and specifications.
(ii) To detail under section 825 of title
10, United States Code (article 25 of the
Uniform Code of Military Justice), members of
courts-martial convened as described in clause
(i).
(B) Personnel.--The personnel of each office
established under subparagraph (A) shall consist of
such members of the Armed Forces and civilian personnel
of the Department of Defense as may be detailed or
assigned to the office by the service chief concerned.
The members and personnel so detailed or assigned, as
the case may be, shall be detailed or assigned from
personnel billets in existence on the date of the
enactment of this Act.
(d) Implementation and Effective Date.--
(1) Funding source.--The Secretaries of the military
departments shall carry out subsections (a), (b), and (c) (and
the amendments made by such subsections) using funds
appropriated after the date of enactment of this Act and
otherwise available to the Secretary of the military department
concerned.
(2) Policies and procedures.--
(A) In general.--The Secretaries of the military
departments shall revise policies and procedures as
necessary to comply with this section.
(B) Uniformity.--The General Counsel of the
Department of Defense shall review the policies and
procedures revised under this paragraph in order to
ensure that any lack of uniformity in policies and
procedures, as so revised, among the military
departments does not render unconstitutional any policy
or procedure, as so revised.
(3) Manual for courts-martial.--The Secretary of Defense
shall recommend such changes to the Manual for Courts-Martial
as are necessary to ensure compliance with this section.
(4) Effective date and applicability.--The amendments made
by this section shall take effect on the first day of the first
month beginning after the 2-year period following the date of
the enactment of this Act, and shall apply with respect to
charges preferred under section 830 of title 10, United States
Code (article 30 of the Uniform Code of Military Justice), on
or after such effective date.
SEC. 3. PUNITIVE ARTICLE ON SEXUAL HARASSMENT AND RELATED INVESTIGATION
MATTERS.
(a) Punitive Article on Sexual Harassment.--
(1) In general.--Subchapter X of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 920c (article 120c) the
following new section (article):
``Sec. 920d. Art. 120d. Sexual harassment
``(a) In General.--Any person subject to this chapter who commits
sexual harassment against another person shall be punished as a court-
martial may direct.
``(b) Sexual Harassment Defined.--
``(1) In this section, the term `sexual harassment' means
conduct that takes place in a circumstance described in
paragraph (2) that takes the form of--
``(A) a sexual advance;
``(B) a request for sexual favors; or
``(C) any other conduct of a sexual nature.
``(2) A circumstance described in this paragraph is a
situation in which--
``(A) submission to the conduct involved is made
either explicitly or implicitly a term or condition of
employment;
``(B) submission to or rejection of such conduct is
used as the basis for an employment decision affecting
an individual's employment; or
``(C) such conduct unreasonably alters an
individual's terms, conditions, or privileges of
employment, including by creating an intimidating
hostile, or offensive work environment, as determined
in accordance with paragraph (3).
``(3) In determining, for purposes of paragraph (2)(C),
whether conduct constitutes sexual harassment because the
conduct unreasonably alters an individual's terms, conditions,
or privileges of employment, including by creating an
intimidating, hostile, or offensive work environment, the
following rules shall apply:
``(A) The determination shall be made on the basis
of the record as a whole, according to the totality of
the circumstances. A single incident may constitute
sexual harassment.
``(B) Incidents that may be sexual harassment shall
be considered in the aggregate, with--
``(i) conduct of varying types (such as
expressions of sex-based hostility, requests
for sexual favors, and denial of employment
opportunities due to sexual orientation) viewed
in totality, rather than in isolation; and
``(ii) conduct based on multiple protected
characteristics (such as sex and race) viewed
in totality, rather than in isolation.
``(C) The factors specified in this subparagraph
are among the factors to be considered in determining
whether conduct constitutes sexual harassment and are
not meant to be exhaustive. No one of those factors
shall be considered to be determinative in establishing
whether conduct constitutes sexual harassment. Such
factors are each of the following:
``(i) The frequency of the conduct.
``(ii) The duration of the conduct.
``(iii) The location where the conduct
occurred.
``(iv) The number of individuals engaged in
the conduct.
``(v) The nature of the conduct, which may
include physical, verbal, pictorial, or visual
conduct, and conduct that occurs in person or
is transmitted, such as electronically.
``(vi) Whether the conduct is threatening.
``(vii) Any power differential between the
alleged harasser and the person allegedly
harassed.
``(viii) Any use of epithets, slurs, or
other conduct that is humiliating or degrading.
``(ix) Whether the conduct reflects
stereotypes about individuals in the protected
class involved.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 920c (article 120c) the following new
item:
``920d. 120d. Sexual harassment.''.
(b) Investigations of Sexual Harassment.--
(1) In general.--Section 1561 of title 10, United States
Code, is amended to read as follows:
``Sec. 1561. Complaints of sexual harassment: independent investigation
``(a) Action on Complaints Alleging Sexual Harassment.--A
commanding officer or officer in charge of a unit, vessel, facility, or
area of an armed force under the jurisdiction of the Secretary of a
military department, who receives, from a member of the command or a
member under the supervision of the officer, a formal complaint
alleging sexual harassment by a member of the armed forces shall, as
soon as practicable after such receipt, forward the complaint to an
independent investigator.
``(b) Commencement of Investigation.--To the extent practicable, an
independent investigator shall commence an investigation of a formal
complaint of sexual harassment not later than 72 hours after--
``(1) receiving a formal complaint of sexual harassment
forwarded by a commanding officer or officer in charge under
subsection (a); or
``(2) receiving a formal complaint of sexual harassment
directly from a member of the armed forces; and
``(c) Duration of Investigation.--To the extent practicable, an
investigation under subsection (b) shall be completed not later than 14
days after the date on which the investigation commences.
``(d) Report on Command Investigation.--To the extent practicable,
an independent investigator who commences an investigation under
subsection (b) shall--
``(1) submit a final report on the results of the
investigation, including any action taken as a result of the
investigation, to the officer described in subsection (a) not
later than 20 days after the date on which the investigation
commenced; or
``(2) submit a report on the progress made in completing
the investigation to the officer described in subsection (a)
not later than 20 days after the date on which the
investigation commenced and every 14 days thereafter until the
investigation is completed and, upon completion of the
investigation, then submit a final report on the results of the
investigation, including any action taken as a result of the
investigation, to that officer.
``(e) Definitions.--In this section:
``(1) The term `formal complaint' means a complaint that an
individual files in writing and attests to the accuracy of the
information contained in the complaint.
``(2) The term `independent investigator' means a member of
the armed forces or employee of the Department of Defense--
``(A) who is outside the chain of command of the
complainant; and
``(B) whom the Secretary concerned determines is
trained in the investigation of sexual harassment.
``(3) The term `sexual harassment' has the meaning given
that term in section 920d(b) of this title (article 120d of the
Uniform Code of Military Justice).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of title 10, United States Code, is
amended by striking the item relating to section 1561 and
inserting the following new item:
``1561. Complaints of sexual harassment: independent investigation.''.
(3) Effective date.--The amendment to section 1561 of such
title made by this subsection shall--
(A) take effect on the day that is two years after
the date of the enactment of this Act; and
(B) apply to any investigation of a formal
complaint of sexual harassment (as those terms are
defined in such section, as amended) made on or after
that date.
(4) Report on implementation.--Not later than nine months
after the date of the enactment of this Act, each Secretary of
a military department shall submit to Congress a report on
preparation of that Secretary to implement the amendment to
section 1561 of such title made by this subsection.
SEC. 4. AUTHORIZATION OF CLAIMS BY MEMBERS OF THE ARMED FORCES AGAINST
THE UNITED STATES THAT ARISE FROM SEX-RELATED OFFENSES.
(a) Establishment.--
(1) In general.--Chapter 163 of title 10, United States
Code, is amended by inserting after section 2733a the following
new section:
``Sec. 2733b. Claims arising from sex-related offenses
``(a) In General.--Consistent with this section and under such
regulations as the Secretary of Defense shall prescribe under
subsection (d), the Secretary may allow, settle, and pay a claim
against the United States for personal injury or death of a claimant
arising from--
``(1) a sex-related offense committed by a covered
individual; and
``(2)(A) the negligent failure to prevent such sex-related
offense; or
``(B) the negligent failure to investigate such sex-related
offense.
``(b) Requirement for Claims.--A claim may be allowed, settled, and
paid under subsection (a) only if--
``(1) the claim is filed by the claimant who is the victim
of the sex-related offense, or by an authorized representative
on behalf of such claimant who is deceased or otherwise unable
to file the claim due to incapacitation;
``(2) the claimant was a member of an armed force under the
jurisdiction of the Secretary of a military department at the
time of the sex-related offense;
``(3) the claim is presented to the Department in writing
within two years after the claim accrues;
``(4) the claim is not allowed to be settled and paid under
any other provision of law; and
``(5) the claim is substantiated as prescribed in
regulations prescribed by the Secretary of Defense under
subsection (d).
``(c) Payment of Claims.--(1) If the Secretary of Defense
determines, pursuant to regulations prescribed by the Secretary under
subsection (d), that a claim under this section in excess of $100,000
is meritorious, and the claim is otherwise payable under this section,
the Secretary may pay the claimant $100,000 and report any meritorious
amount in excess of $100,000 to the Secretary of the Treasury for
payment under section 1304 of title 31.
``(2) Except as provided in paragraph (1), no claim may be paid
under this section unless the amount tendered is accepted by the
claimant in full satisfaction.
``(d) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to implement this section.
``(2) Regulations prescribed by the Secretary under paragraph (1)
shall include the following:
``(A) Policies and procedures to ensure the timely,
efficient, and effective processing and administration of
claims under this section, including--
``(i) the filing, receipt, investigation, and
evaluation of a claim;
``(ii) the negotiation, settlement, and payment of
a claim; and
``(iii) such other matters relating to the
processing and administration of a claim, including an
administrative appeals process, as the Secretary
considers appropriate.
``(B) Uniform standards consistent with generally accepted
standards used in a majority of States in adjudicating claims
under chapter 171 of title 28 (commonly known as the `Federal
Tort Claims Act') to be applied to the evaluation, settlement,
and payment of claims under this section without regard to the
place of occurrence of the sex-related offense giving rise to
the claim or the military department of the covered individual,
and without regard to foreign law in the case of claims arising
in foreign countries, including uniform standards to be applied
to determinations with respect to--
``(i) whether an act or omission by a covered
individual was negligent or wrongful, considering the
specific facts and circumstances;
``(ii) whether the personal injury or death of the
claimant was caused by a negligent or wrongful act or
omission of a covered individual;
``(iii) requirements relating to proof of duty,
breach of duty, and causation resulting in compensable
injury or loss, subject to such exclusions as may be
established by the Secretary of Defense; and
``(iv) calculation of damages.
``(C) Such other matters as the Secretary considers
appropriate.
``(3) In order to implement expeditiously the provisions of this
section, the Secretary may prescribe the regulations under this
subsection--
``(A) by prescribing an interim final rule; and
``(B) not later than one year after prescribing such
interim final rule and considering public comments with respect
to such interim final rule, by prescribing a final rule.
``(e) Limitations on Attorney Fees.--(1) No attorney shall charge,
demand, receive, or collect for services rendered, fees in excess of 20
percent of any claim paid pursuant to this section.
``(2) Any attorney who charges, demands, receives, or collects for
services rendered in connection with a claim under this section any
amount in excess of the amount allowed under paragraph (1), if recovery
be had, shall be fined not more than $2,000, imprisoned not more than
one year, or both.
``(3) The United States shall not be liable for any attorney fees
of a claimant under this section.
``(f) Annual Report.--Not less frequently than annually until 2026,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report--
``(1) indicating the number of claims processed under this
section;
``(2) indicating the resolution of each such claim; and
``(3) describing any other information that may enhance the
effectiveness of the claims process under this section.
``(g) Definitions.--In this section:
``(1) The term `covered individual' means a member of the
armed forces or an employee of the Department of Defense.
``(2) The term `sex-related offense' has the meaning given
that term in section 834 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 163 of such title is amended by inserting
after the item relating to section 2733a the following new
item:
``2733b. Claims arising from sex-related offenses.''.
(b) Interim Briefing on Development of Regulations.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Defense shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the development of
regulations under section 2733b(d) of title 10, United States Code, as
added by subsection (a)(1).
(c) Conforming Amendments.--
(1) Section 2735 of such title is amended by inserting
``2733b,'' after ``2733a,''.
(2) Section 1304(a)(3)(D) of title 31, United States Code,
is amended by inserting ``2733b,'' after ``2733a,''.
(d) Effective Date and Transition Provision.--
(1) Effective date.--The amendments made by this section
shall apply to any claim filed under section 2733b of such
title, as added by subsection (a)(1), on or after January 1,
2022.
(2) Transition.--Any claim filed in calendar year 2021
shall be deemed to be filed within the time period specified in
section 2733b(b)(2) of such title, as so added, if it is filed
within three years after it accrues.
SEC. 5. REPORTS ON SEXUAL HARASSMENT/ASSAULT RESPONSE PROGRAMS OF THE
ARMED FORCES.
(a) Secretary of Defense Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the Sexual Harassment/Assault
Response Programs of each military department.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description and assessment of the Sexual
Harassment/Assault Response Program of each military
department including the funding for such program, the
manner in which such funding is allocated, and the
elements of such program that receive funding.
(B) A comparative assessment of the feasibility and
advisability of carrying out the Sexual Harassment/
Assault Response Programs through each structure as
follows:
(i) The current structure.
(ii) A structure involving discharge
through civilian personnel.
(iii) A structure involving discharge
though substantial numbers of contractors.
(iv) A structure involving the
establishment of a military occupational
specialty to permit members of the Armed Forces
to extend their time in a Sexual Harassment/
Assault Response Program and professionalize
their services (including proper education and
training as well as continuing education).
(v) Any other structure the Secretary
considers appropriate.
(b) Comptroller General of the United States Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the Sexual
Harassment/Assault Response Programs of the military
departments.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment by the Comptroller General of the
efficacy and impacts of the Sexual Harassment/Assault
Response Programs of the military departments.
(B) Such recommendations as the Comptroller General
considers appropriate for improvements to the Sexual
Harassment/Assault Response Programs.
SEC. 6. IMPROVEMENT OF THE SEXUAL HARASSMENT/ASSAULT RESPONSE PROGRAM
OF THE ARMY.
(a) Improvements and Modifications.--
(1) In general.--The Secretary of the Army shall take such
actions as are necessary to enhance the independence and
professionalization of the Sexual Harassment/Assault Response
Program of the Army (referred to in this section as the
``Program'').
(2) Regulations and guidance.--In carrying out paragraph
(1), the Secretary of the Army shall modify the regulations,
policies, and guidance relating to the Program, to meet the
following criteria:
(A) Personnel of the Program shall be selected by
the Department of the Army through a centralized
process that does not rely upon internal unit
appointments.
(B) Personnel of the Program shall not be
supervised by unit commanders.
(C) The Program shall be structured to support the
command while remaining independent from local
commands, including through the establishment of an
independent reporting chain and a central supervisory
office.
(D) Except as provided subparagraph (E), the
Program shall consist entirely of full-time personnel,
including Victim Advocates and Sexual Assault Response
Coordinators.
(E) Part-time personnel may be assigned to the
Program only if the responsibilities of such
personnel--
(i) are limited to activities relating to
prevention; and
(ii) do not involve reporting or providing
assistance directly to victims.
(F) Each manager of the Program shall be a civilian
employee of the Department of Defense who is--
(i) a senior executive (as defined in
section 3132 of title 5, United States Code);
(ii) otherwise classified above GS-15 (as
provided in section 5108 of title 5, United
States Code) and rated by the Senior Pentagon-
level Commander of the Program; or
(iii) in the case of a manager supporting
an O-7 level command, an employee classified at
GS-15.
(G) The responsibilities of the Sexual Assault
Review Board as set forth in regulation shall be
revised to incorporate a requirement for periodic trend
analysis of problems related to providing for the needs
of victims.
(b) Review and Report.--
(1) In general.--The Secretary of the Army shall--
(A) evaluate whether to create a separate career
track for personnel of the Program, which may include a
separate occupational specialty or strengthened
qualification identifier, with consideration of
strategies for ensuring that positions in the Program
are competitive for promotion with positions in other
areas; and
(B) conduct a comprehensive review of the
certification courses and professional standards under
the Program.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Army shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the evaluation
and review conducted under paragraph (1).
(c) Deadline for Implementation.--The Secretary of the Army shall
implement the improvements and modifications required under subsections
(a) and (b) not later than two years after the date of the enactment of
this Act.
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