[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Page S2394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 215. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 584. REPORTS ON CERTAIN OUT-OF-CYCLE AND PREMATURE
PERSONNEL TRANSFERS.
(a) In General.--Not later than December 1, 2025, and each
December 1 thereafter, the Secretary of Defense shall submit
to the congressional defense committees, and any other
committee of Congress the Secretary considers appropriate, a
report detailing the number and nature of out-of-cycle or
premature personnel transfers carried out during the
preceding fiscal year for individuals described in subsection
(b) as a result of such individuals, or the dependents of
such individuals, being affected by--
(1) sexual assault;
(2) sexual harassment;
(3) humanitarian or compassionate requests;
(4) discrimination, harassment, bullying, reprisals, or
threats based on the race, color, national origin, religion,
sex (including gender identity), or sexual orientation of
such individuals or dependents;
(5) medical issues, including lack of access to care for
such individuals or dependents at their current duty
location; or
(6) child custody arrangements.
(b) Individual Described.--An individual described in this
subsection is an individual who is--
(1) a member of the armed forces on active duty;
(2) a member of the armed forces in a reserve component;
(3) a member of the National Guard; or
(4) a civilian employee of the Department of Defense.
(c) Elements.--Each report required by subsection (a) shall
include the following for the preceding fiscal year:
(1) The total number of personnel transfers for each reason
described in paragraphs (1) through (6) of subsection (a).
(2) Demographic information of each individual involved in
such a transfer, including the age, gender, and military rank
or civilian pay grade of the individual.
(3) An analysis of the geographic distribution of such
transfers.
(4) For each such transfer, the branch or component of the
Department of Defense to which the individual concerned was
transferred.
(5) A description of any trend or pattern identified in the
data, including recurring issues or areas of concern.
(6) An estimate of the total cost of such transfers.
(d) Form.--Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex, as necessary to protect sensitive information.
(e) Privacy.--To ensure the privacy of military personnel,
personally identifiable information shall not be included in
any report under this section.
(f) Public Availability.--The Secretary shall make each
report required by subsection (a) available to the public on
the internet website of the Department of Defense.
(g) Definitions.--In this section:
(1) Out-of-cycle or premature.--With respect to a personnel
transfer, the term ``out-of-cycle or premature'' means an
assignment action taken in advance of the originally
scheduled or anticipated rotation date of the personnel
concerned.
(2) Personnel transfer.--The term ``personnel transfer''
includes a permanent change of duty station, temporary duty
assignment, reassignment, permanent change of assignment, and
any other movement of military personnel within the
Department of Defense.
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