10 U.S.C. § 1561 — Complaints of sexual harassment: inde-

Page 1454 TITLE 10—ARMED FORCES § 1561 to identify, investigate, and prosecute individuals en- gaged in online child sexual exploitation. ‘‘(3) MANDATORY TRAINING.—The Secretary shall es- tablish mandatory training for criminal investigative organizations of the Department of Defense and other appropriate personnel at military installations to en- sure that the capability and capacity to investigate child sexual exploitation is continuously maintained regardless of staff turnover and relocations.’’ MULTIDISCIPLINARY TEAMS FOR MILITARY INSTALLA- TIONS ON CHILD ABUSE AND OTHER DOMESTIC VIO- LENCE Pub. L. 115–232, div. A, title V, § 577, Aug. 13, 2018, 132 Stat. 1781, provided that: ‘‘(a) MULTIDISCIPLINARY TEAMS REQUIRED.— ‘‘(1) IN GENERAL.—Under regulations prescribed by each Secretary concerned, there shall be established and maintained for each military installation, except as provided in paragraph (2), one or more multidisci- plinary teams on child abuse and other domestic vio- lence for the purposes specified in subsection (b). ‘‘(2) SINGLE TEAM FOR PROXIMATE INSTALLATIONS.—A single multidisciplinary team described in paragraph (1) may be established and maintained under this sub- section for two or more military installations in proximity with one another if the Secretary con- cerned determines, in consultation with the Sec- retary of Defense, that a single team for such instal- lations suffices to carry out the purposes of such teams under subsection (b) for such installations. ‘‘(b) PURPOSES.—The purposes of each multidisci- plinary team maintained pursuant to subsection (a) shall be as follows: ‘‘(1) To provide for the sharing of information among such team and other appropriate personnel on the installation or installations concerned regarding the progress of investigations into and resolutions of incidents of child abuse and other domestic violence involving members of the Armed Forces stationed at or otherwise assigned to the installation or installa- tions. ‘‘(2) To provide for and enhance collaborative ef- forts among such team and other appropriate per- sonnel of the installation or installations regarding investigations into and resolutions of such incidents. ‘‘(3) To enhance the social services available to military families at the installation or installations in connection with such incidents, including through the enhancement of cooperation among specialists and other personnel providing such services to such military families in connection with such incidents. ‘‘(4) To carry out such other duties regarding the response to child abuse and other domestic violence at the installation or installations as the Secretary concerned considers appropriate for such purposes. ‘‘(c) PERSONNEL.— ‘‘(1) IN GENERAL.—Each multidisciplinary team maintained pursuant to subsection (a) shall be com- posed of the following: ‘‘(A) One or more judge advocates. ‘‘(B) Appropriate personnel of one or more mili- tary criminal investigation services. ‘‘(C) Appropriate mental health professionals. ‘‘(D) Appropriate medical personnel. ‘‘(E) Family advocacy case workers. ‘‘(F) Such other personnel as the Secretary or Secretaries concerned consider appropriate. ‘‘(2) EXPERTISE AND TRAINING.—Any individual as- signed to a multidisciplinary team shall possess such expertise, and shall undertake such training as is re- quired to maintain such expertise, as the Secretary concerned shall specify for purposes of this section in order to ensure that members of the team remain ap- propriately qualified to carry out the purposes of the team under this section. The training and expertise so specified shall include training and expertise on special victims’ crimes, including child abuse and other domestic violence. ‘‘(d) COORDINATION AND COLLABORATION WITH NON- MILITARY RESOURCES.— ‘‘(1) USE OF COMMUNITY RESOURCES SERVING INSTAL- LATIONS.—In providing under this section for a multi- disciplinary team for a military installation or in- stallations that benefit from services or resources on child abuse or other domestic violence that are pro- vided by civilian entities in the vicinity of the instal- lation or installations, the Secretary concerned may take the availability of such services or resources to the installation or installations into account in pro- viding for the composition and duties of the team. ‘‘(2) BEST PRACTICES.—The Secretaries concerned shall take appropriate actions to ensure that multi- disciplinary teams maintained pursuant to sub- section (a) remain fully and currently apprised of best practices in the civilian sector on investigations into and resolutions of incidents of child abuse and other domestic violence and on the social services provided in connection with such incidents. ‘‘(3) COLLABORATION.—In providing for the enhance- ment of social services available to military families in accordance with subsection (b)(3), the Secretaries concerned shall permit, facilitate, and encourage multidisciplinary teams to collaborate with appro- priate civilian agencies in the vicinity of the military installations concerned with regard to availability, provision, and use of such services to and by such families. ‘‘(e) ANNUAL REPORTS.—Not later than March 1 of each year from 2020 through 2022, each Secretary con- cerned shall submit to the Committees on Armed Serv- ices of the Senate and the House of Representatives a report on the activities of multidisciplinary teams maintained pursuant to subsection (a) under the juris- diction of such Secretary during the preceding year. Each report shall set forth, for the period covered by such report, the following: ‘‘(1) A summary description of the activities of the multidisciplinary teams concerned, including the number and composition of such teams, the recurring activities of such teams, and any notable achieve- ments of such teams. ‘‘(2) A description of any impediments to the effec- tiveness of such teams. ‘‘(3) Such recommendations for legislative or ad- ministrative action as such Secretary considers ap- propriate in order to improve the effectiveness of such teams. ‘‘(4) Such other matters with respect to such teams as such Secretary considers appropriate. ‘‘(f) SECRETARY CONCERNED.— ‘‘(1) DEFINITION.—In this section, the term ‘Sec- retary concerned’ has the meaning given that term in section 101(a)(9) of title 10, United States Code. ‘‘(2) USAGE WITH RESPECT TO MULTIPLE INSTALLA- TIONS.—For purposes of this section, any reference to ‘Secretary concerned’ with respect to a single multi- disciplinary team established and maintained pursu- ant to subsection (a) for two or more military instal- lations that are under the jurisdiction of different Secretaries concerned, shall be deemed to refer to each Secretary concerned who has jurisdiction of such an installation, acting jointly.’’ § 1561. Complaints of sexual harassment: inde- pendent investigation (a) ACTION ON COMPLAINTS ALLEGING SEXUAL HARASSMENT.—A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the su- pervision of the officer a formal complaint alleg- ing a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent prac- ticable, direct that an independent investigation of the matter be carried out in accordance with this section. Page 1455 TITLE 10—ARMED FORCES § 1561 (b) COMMENCEMENT OF INVESTIGATION.—To the extent practicable, a commanding officer or offi- cer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further— (1) forward the formal complaint or a de- tailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-mar- tial; and (2) advise the complainant of the commence- ment of the investigation. (c) DURATION OF INVESTIGATION.—To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investi- gator receiving a formal complaint of sexual harassment under this section completes the in- vestigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the inves- tigation are forwarded to the commanding offi- cer or officer in charge specified in subsection (a) for action as appropriate. (d) REPORT ON INVESTIGATION.—To the extent practicable, a commanding officer or officer in charge shall— (1) submit a final report on the results of the independent investigation, including any ac- tion taken as a result of the investigation, to the next superior officer referred to in sub- section (b)(1) within 20 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next supe- rior officer referred to in subsection (b)(1) within 20 days after the date on which the in- vestigation is 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 next supe- rior officer. (e) DEFINITIONS.—In this section: (1) The term ‘‘independent investigator’’ means a civilian employee of the Department of Defense or a member of the Army, Navy, Marine Corps, Air Force, or Space Force who— (A) is outside the immediate chain of com- mand of the complainant and the subject of the investigation; and (B) is trained in the investigation of sexual harassment, as determined by— (i) the Secretary of Defense, in the case of a civilian employee of the Department of Defense; (ii) the Secretary of the Army, in the case of a member of the Army; (iii) the Secretary of the Navy, in the case of a member of the Navy or Marine Corps; or (iv) the Secretary of the Air Force, in the case of a member of the Air Force or Space Force. (2) The term ‘‘sexual harassment’’ means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regula- tions prescribed by the Secretary of Defense for purposes of such section (article). (Added Pub. L. 105–85, div. A, title V, § 591(a)(1), Nov. 18, 1997, 111 Stat. 1760; amended Pub. L. 114–328, div. A, title V, § 548(a), Dec. 23, 2016, 130 Stat. 2129; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(Z), Jan. 1, 2021, 134 Stat. 3821; Pub. L. 117–81, div. A, title V, § 543(a), Dec. 27, 2021, 135 Stat. 1709; Pub. L. 117–263, div. A, title V, § 546(a), Dec. 23, 2022, 136 Stat. 2584.) Editorial Notes PRIOR PROVISIONS Prior sections 1571 to 1577, Pub. L. 89–690, § 1, Oct. 15, 1966, 80 Stat. 1016, related to creation of Exemplary Re- habilitation Certificates to be issued by the Secretary of Labor to persons discharged or dismissed from the Armed Forces under conditions other than honorable or to persons who had received a general discharge but who had established that they had rehabilitated them- selves and established the administrative and other au- thority in connection therewith, prior to repeal by Pub. L. 90–83, § 3(2), Sept. 11, 1967, 81 Stat. 220. AMENDMENTS 2022—Subsec. (e). Pub. L. 117–263 amended subsec. (e) generally. Prior to amendment, text read as follows: ‘‘In this section, the term ‘sexual harassment’ means conduct that constitutes the offense of sexual harass- ment as punishable under section 934 of this title (arti- cle 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (arti- cle).’’ 2021—Pub. L. 117–81 amended section generally. Prior to amendment, section related to investigation by com- manding officers of complaints of sexual harassment. Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 2016—Subsec. (e)(1). Pub. L. 114–328, § 548(a)(1)(A), in introductory provisions, struck out ‘‘(constituting a form of sex discrimination)’’ after ‘‘Conduct’’. Subsec. (e)(1)(B). Pub. L. 114–328, § 548(a)(1)(B), sub- stituted ‘‘the environment’’ for ‘‘the work environ- ment’’. Subsec. (e)(3). Pub. L. 114–328, § 548(a)(2), struck out ‘‘in the workplace’’ after ‘‘of a sexual nature’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. A, title V, § 546(b), Dec. 23, 2022, 136 Stat. 2585, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect immediately after the coming into effect of the amend- ments made by section 543 of the National Defense Au- thorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1709) [amending this section and the analysis for this chapter] as provided in subsection (c) of that section.’’ EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117–81, div. A, title V, § 543(c), Dec. 27, 2021, 135 Stat. 1710, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and the analysis for this chapter] shall— ‘‘(1) take effect on the date that is two years after the date of the enactment of this Act [Dec. 27, 2021]; and ‘‘(2) apply to any investigation of a formal com- plaint of sexual harassment (as defined in section 1561 of title 10, United States Code, as amended by sub- section (a)) made on or after that date.’’ EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–328, div. A, title V, § 548(b), Dec. 23, 2016, 130 Stat. 2129, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect on the date of the enactment of this Act [Dec. 23, Page 1456 TITLE 10—ARMED FORCES § 1561 2016], and shall apply with respect to complaints de- scribed in section 1561 of title 10, United States Code, that are first received by a commanding officer or offi- cer in charge on or after that date.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–311, § 1, Dec. 2, 2002, 116 Stat. 2455, provided that: ‘‘This Act [enacting section 1561a of this title] may be cited as the ‘Armed Forces Domestic Security Act’.’’ REGULATIONS Pub. L. 117–81, div. A, title V, § 543(d), Dec. 27, 2021, 135 Stat. 1710, provided that: ‘‘Not later than 18 months after the date of the enactment of this Act [Dec. 27, 2021] the Secretary of Defense shall prescribe regula- tions providing for the implementation of section 1561 of title 10, United States Code, as amended by sub- section (a).’’ POLICY ON INCLUSION OF RACE AND ETHNICITY IN AN- NUAL REPORTS ON SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES Pub. L. 117–81, div. A, title V, § 549G(b), Dec. 27, 2021, 135 Stat. 1728, provided that: ‘‘(1) REQUIREMENT.—Not later than two years after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall prescribe a policy requiring information on the race and ethnicity of accused indi- viduals to be included to the maximum extent prac- ticable in the annual report required under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note). ‘‘(2) EXCLUSION.—The policy prescribed under para- graph (1) may provide for the exclusion of such infor- mation based on privacy concerns, impacts on account- ability efforts, or other matters of importance as deter- mined and identified in such policy by the Secretary. ‘‘(3) PUBLICLY AVAILABLE.—The Secretary of Defense shall make publicly available the information de- scribed in paragraph (1), subject to the exclusion of such information pursuant to paragraph (2). ‘‘(4) SUNSET.—The requirements of this subsection shall terminate on May 1, 2028.’’ SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES Pub. L. 116–283, div. A, title V, § 539A, Jan. 1, 2021, 134 Stat. 3607, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall, in consultation with the Secretaries of the military de- partments, prescribe in regulations a safe-to-report policy described in subsection (b) that applies with re- spect to all members of the Armed Forces (including members of the reserve components of the Armed Forces) and cadets and midshipmen at the military service academies. ‘‘(b) SAFE-TO-REPORT POLICY.—The safe-to-report pol- icy described in this subsection is a policy that pre- scribes the handling of minor collateral misconduct in- volving a member of the Armed Forces who is the al- leged victim of sexual assault. ‘‘(c) AGGRAVATING CIRCUMSTANCES.—The regulations under subsection (a) shall specify aggravating cir- cumstances that increase the gravity of minor collat- eral misconduct or its impact on good order and dis- cipline for purposes of the safe-to-report policy. ‘‘(d) TRACKING OF COLLATERAL MISCONDUCT INCI- DENTS.—In conjunction with the issuance of regulations under subsection (a), Secretary shall develop and im- plement a process to track incidents of minor collat- eral misconduct that are subject to the safe-to-report policy. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘Armed Forces’ has the meaning given that term in section 101(a)(4) of title 10, United States Code, except such term does not include the Coast Guard. ‘‘(2) The term ‘military service academy’ means the following: ‘‘(A) The United States Military Academy. ‘‘(B) The United States Naval Academy. ‘‘(C) The United States Air Force Academy. ‘‘(3) The term ‘minor collateral misconduct’ means any minor misconduct that is potentially punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that— ‘‘(A) is committed close in time to or during the sexual assault, and directly related to the incident that formed the basis of the sexual assault allega- tion; ‘‘(B) is discovered as a direct result of the report of sexual assault or the ensuing investigation into the sexual assault; and ‘‘(C) does not involve aggravating circumstances (as specified in the regulations prescribed under subsection (c)) that increase the gravity of the minor misconduct or its impact on good order and discipline.’’ ACCOUNTABILITY OF LEADERSHIP OF THE DEPARTMENT OF DEFENSE FOR DISCHARGING THE SEXUAL HARASS- MENT POLICIES AND PROGRAMS OF THE DEPARTMENT Pub. L. 116–283, div. A, title V, § 539B, Jan. 1, 2021, 134 Stat. 3608, provided that: ‘‘(a) STRATEGY ON HOLDING LEADERSHIP ACCOUNTABLE REQUIRED.—The Secretary of Defense shall develop and implement Department of Defense-wide a strategy to hold individuals in positions of leadership in the De- partment (including members of the Armed Forces and civilians) accountable for the promotion, support, and enforcement of the policies and programs of the De- partment on sexual harassment. ‘‘(b) OVERSIGHT FRAMEWORK.— ‘‘(1) IN GENERAL.—The strategy required by sub- section (a) shall provide for an oversight framework for the efforts of the Department of Defense to pro- mote, support, and enforce the policies and programs of the Department on sexual harassment. ‘‘(2) ELEMENTS.—The oversight framework required by paragraph (1) shall include the following: ‘‘(A) Long-term goals, objectives, and milestones in connection with the policies and programs of the Department on sexual harassment. ‘‘(B) Strategies to achieve the goals, objectives, and milestones referred to in subparagraph (A). ‘‘(C) Criteria for assessing progress toward the achievement of the goals, objectives, and mile- stones referred to in subparagraph (A). ‘‘(D) Criteria for assessing the effectiveness of the policies and programs of the Department on sexual harassment. ‘‘(E) Mechanisms to ensure that adequate re- sources are available to the Office of the Secretary of Defense to develop and discharge the oversight framework. ‘‘(c) REPORT.—Not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Sec- retary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Rep- resentatives a report on the actions taken to carry out this section, including the strategy developed and im- plemented pursuant to subsection (a), and the oversight framework developed and implemented pursuant to subsection (b).’’ TRAINING FOR COMMANDERS IN THE ARMED FORCES ON THEIR ROLE IN ALL STAGES OF MILITARY JUSTICE IN CONNECTION WITH SEXUAL ASSAULT Pub. L. 116–92, div. A, title V, § 540B, Dec. 20, 2019, 133 Stat. 1365, as amended by Pub. L. 116–283, div. A, title X, § 1081(c)(2), Jan. 1, 2021, 134 Stat. 3873, provided that: ‘‘(a) IN GENERAL.—The training provided commanders in the Armed Forces shall include comprehensive train- ing on the role of commanders in all stages of military justice in connection with sexual assaults by members of the Armed Forces. Page 1457 TITLE 10—ARMED FORCES § 1561 ‘‘(b) ELEMENTS TO BE COVERED.—The training pro- vided pursuant to subsection (a) shall include training on the following: ‘‘(1) The role of commanders in each stage of the military justice process in connection with sexual as- sault committed by a member of the Armed Forces, including investigation and prosecution. ‘‘(2) The role of commanders in assuring that vic- tims of sexual assault described in paragraph (1) are informed of, and have the opportunity to obtain, as- sistance available for victims of sexual assault by law. ‘‘(3) The role of commanders in assuring that vic- tims of sexual assault described in paragraph (1) are afforded the rights and protections available to vic- tims by law. ‘‘(4) The role of commanders in preventing retalia- tion against victims, their family members, wit- nesses, first responders, and bystanders for their com- plaints, statements, testimony, and status in connec- tion with sexual assault described in paragraph (1), including the role of commanders in ensuring that subordinates in the command are aware of their re- sponsibilities in preventing such retaliation. ‘‘(5) The role of commanders in establishing and maintaining a healthy command climate in connec- tion with reporting on sexual assault described in paragraph (1), and in the response of the commander, subordinates in the command, and other personnel in the command to such sexual assault, such reporting, and the military justice process in connection with such sexual assault. ‘‘(6) Any other matters on the role of commanders in connection with sexual assault described in para- graph (1) that the Secretary of Defense considers ap- propriate for purposes of this section. ‘‘(c) INCORPORATION OF BEST PRACTICES.— ‘‘(1) IN GENERAL.—The training provided pursuant to subsection (a) shall incorporate best practices on all matters covered by the training. ‘‘(2) IDENTIFICATION OF BEST PRACTICES.—The Secre- taries of the military departments shall, acting through the training and doctrine commands of the Armed Forces, undertake from time to time surveys and other reviews of the matters covered by the training provided pursuant to subsection (a) in order to identify and incorporate into such training the most current practicable best practices on such mat- ters. ‘‘(d) UNIFORMITY.—The Secretary of Defense shall en- sure that the training provided pursuant to subsection (a) is, to the extent practicable, uniform across the Armed Forces.’’ [Pub. L. 116–283, div. A, title X, § 1081(c), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(c)(2) of Pub. L. 116–283 to section 540B of Pub. L. 116–92, set out above, is effective as of Dec. 20, 2020 (probably should be Dec. 20, 2019) and as if included in Pub. L. 116–92.] DEPARTMENT OF DEFENSE-WIDE POLICY AND MILITARY DEPARTMENT-SPECIFIC PROGRAMS ON REINVIGORATION OF THE PREVENTION OF SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES Pub. L. 116–92, div. A, title V, § 540D, Dec. 20, 2019, 133 Stat. 1366, provided that: ‘‘(a) POLICY REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall develop and issue a com- prehensive policy for the Department of Defense to re- invigorate the prevention of sexual assault involving members of the Armed Forces. ‘‘(b) POLICY ELEMENTS.— ‘‘(1) IN GENERAL.—The policy required by subsection (a) shall include the following: ‘‘(A) Education and training for members of the Armed Forces on the prevention of sexual assault. ‘‘(B) Elements for programs designed to encour- age and promote healthy relationships among members of the Armed Forces. ‘‘(C) Elements for programs designed to empower and enhance the role of non-commissioned officers in the prevention of sexual assault. ‘‘(D) Elements for programs to foster social cour- age among members of the Armed Forces to encour- age and promote intervention in situations in order to prevent sexual assault. ‘‘(E) Processes and mechanisms designed to ad- dress behaviors among members of the Armed Forces that are included in the continuum of harm that frequently results in sexual assault. ‘‘(F) Elements for programs designed to address alcohol abuse, including binge drinking, among members of the Armed Forces. ‘‘(G) Such other elements, processes, mechanisms, and other matters as the Secretary of Defense con- siders appropriate. ‘‘(2) CONTINUUM OF HARM RESULTING IN SEXUAL AS- SAULT.—For purposes of paragraph (1)(E), the con- tinuum of harm that frequently results in sexual as- sault includes hazing, sexual harassment, and related behaviors (including language choices, off-hand state- ments, jokes, and unconscious attitudes or biases) that create a permissive climate for sexual assault. ‘‘(c) PROGRAMS REQUIRED.—Not later than 180 days after the issuance of the policy required by subsection (a), each Secretary of a military department shall de- velop and implement for each Armed Force under the jurisdiction of such Secretary a program to reinvigo- rate the prevention of sexual assaults involving mem- bers of the Armed Forces. Each program shall include the elements, processes, mechanisms, and other mat- ters developed by the Secretary of Defense pursuant to subsection (a) tailored to the requirements and cir- cumstances of the Armed Force or Armed Forces con- cerned.’’ DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL MISCONDUCT Pub. L. 116–92, div. A, title V, § 550B, Dec. 20, 2019, 133 Stat. 1380, as amended by Pub. L. 116–283, div. A, title V, § 533–535, Jan. 1, 2021, 134 Stat. 3603, 3604, provided that: ‘‘(a) ESTABLISHMENT REQUIRED.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall es- tablish and maintain within the Department of De- fense an advisory committee to be known as the ‘De- fense Advisory Committee for the Prevention of Sex- ual Misconduct’ (in this section referred to as the ‘Advisory Committee’). ‘‘(2) DEADLINE FOR ESTABLISHMENT.—The Secretary shall establish the Advisory Committee not later than one year after the date of the enactment of this Act [Dec. 20, 2019]. ‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Advisory Committee shall consist of not more than 20 members, appointed by the Secretary from among individuals who have an expertise appropriate for the work of the Advisory Committee, including at least one individual with each expertise as follows: ‘‘(A) Expertise in the prevention of sexual assault and behaviors on the sexual assault continuum of harm. ‘‘(B) Expertise in adverse behaviors, including the prevention of suicide and the prevention of sub- stance abuse. ‘‘(C) Expertise in the change of culture of large organizations. ‘‘(D) Expertise in implementation science. ‘‘(2) BACKGROUND OF INDIVIDUALS.—Individuals ap- pointed to the Advisory Committee may include indi- viduals with expertise in sexual assault prevention efforts of institutions of higher education, public health officials, and such other individuals as the Secretary considers appropriate. ‘‘(3) PROHIBITION ON MEMBERSHIP OF MEMBERS OF ARMED FORCES ON ACTIVE DUTY.—A member of the Armed Forces serving on active duty may not serve as a member of the Advisory Committee. Page 1458 TITLE 10—ARMED FORCES § 1561 ‘‘(c) DUTIES.— ‘‘(1) IN GENERAL.—The Advisory Committee shall advise the Secretary on the following: ‘‘(A) The prevention of sexual assault (including rape, forcible sodomy, other sexual assault, and other sexual misconduct (including behaviors on the sexual assault continuum of harm)) involving members of the Armed Forces. ‘‘(B) The policies, programs, and practices of each military department, each Armed Force, and each military service academy, including the United States Coast Guard Academy, for the prevention of sexual assault as described in subparagraph (A). ‘‘(2) BASIS FOR PROVISION OF ADVICE.—For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall review, on an ongoing basis, the following: ‘‘(A) Closed cases involving allegations of sexual assault described in paragraph (1). ‘‘(B) Efforts of institutions of higher education to prevent sexual assault among students. ‘‘(C) Efforts among private employers to prevent sexual assault and sexual harassment among their employees. ‘‘(D) Evidence-based studies on the prevention of sexual assault and sexual harassment in the Armed Forces, institutions of higher education, and the private sector. ‘‘(E) Any other information or matters that the Advisory Committee or the Secretary considers ap- propriate. ‘‘(3) COORDINATION OF EFFORTS.—In addition to the reviews required by paragraph (2), for purposes of pro- viding advice to the Secretary the Advisory Com- mittee shall also consult and coordinate with the De- fense Advisory Committee on Investigation, Prosecu- tion, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD) on matters of joint interest to the two Advisory Committees. ‘‘(d) ADVISORY DUTIES ON COAST GUARD ACADEMY.—In providing advice under subsection (c)(1)(B), the Advi- sory Committee shall also advise the Secretary of the Department in which the Coast Guard is operating in accordance with this section on policies, programs, and practices of the United States Coast Guard Academy. ‘‘(e) ANNUAL REPORT.—Not later than March 30 each year, the Advisory Committee shall submit to the Sec- retary and the Committees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services and Transpor- tation and Infrastructure of the House of Representa- tives a report on the activities of the Advisory Com- mittee pursuant to this section during the preceding year. The report in 2021 shall also include the following: ‘‘(1) A description and assessment of the extent and effectiveness of the inclusion by the Armed Forces of sexual assault prevention and response training in leader professional military education (PME), espe- cially in such education for personnel in junior non- commissioned officer grades. ‘‘(2) An assessment of the feasibility of— ‘‘(A) the screening before entry into military service of recruits who may have been the subject or perpetrator of prior incidents of sexual assault and harassment, including through background checks; and ‘‘(B) the administration of screening tests to re- cruits to assess recruit views and beliefs on equal opportunity, and whether such views and beliefs are compatible with military service. ‘‘(3) An assessment of the feasibility of conducting exit interviews of members of the Armed Forces upon their discharge release from the Armed Forces in order to determine whether they experienced or wit- nessed sexual assault or harassment during military service and did not report it, and an assessment of the feasibility of combining such exit interviews with the Catch a Serial Offender (CATCH) Program of the Department of Defense. ‘‘(4) An assessment whether the sexual assault re- porting databases of the Department are sufficiently anonymized to ensure privacy while still providing military leaders with the information as follows: ‘‘(A) The approximate length of time the victim and the assailant had been at the duty station at which the sexual assault occurred. ‘‘(B) The percentage of sexual assaults occurring while the victim or assailant were on temporary duty, leave, or otherwise away from their perma- nent duty station. ‘‘(C) The number of sexual assaults that involve an abuse of power by a commander or supervisor. ‘‘(f) SEXUAL ASSAULT CONTINUUM OF HARM.—In this section, the term ‘sexual assault continuum of harm’ includes— ‘‘(1) inappropriate actions (such as sexist jokes), sexual harassment, gender discrimination, hazing, cyber bullying, or other behavior that contributes to a culture that is tolerant of, or increases risk for, sexual assault; and ‘‘(2) maltreatment or ostracism of a victim for a re- port of sexual misconduct. ‘‘(g) TERMINATION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Advisory Committee shall terminate on the date that is five years after the date of the establish- ment of the Advisory Committee pursuant to sub- section (a). ‘‘(2) CONTINUATION.—The Secretary of Defense may continue the Advisory Committee after the termi- nation date applicable under paragraph (1) if the Sec- retary determines that continuation of the Advisory Committee after that date is advisable and appro- priate. If the Secretary determines to continue the Advisory Committee after that date, the Secretary shall notify the Committees on Armed Services and Commerce, Science, and Transportation of the Sen- ate and the Committees on Armed Services and Transportation and Infrastructure of the House of Representatives.’’ [Pub. L. 116–283, div. A, title V, § 535(4), Jan. 1, 2021, 134 Stat. 3604, which directed amendment of section 550B(g)(2) of Pub. L. 116–92, set out above, by sub- stituting ‘‘the Committees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services and Transpor- tation and Infrastructure of the House of Representa- tives’’ for ‘‘the Committees on Armed Services of the Senate and the House of Representatives’’, was exe- cuted by making the substitution for ‘‘the Committees on the Armed Services of the Senate and House of Rep- resentatives’’ to reflect the probable intent of Con- gress.] UNIFORM COMMAND ACTION FORM ON DISPOSITION OF UNRESTRICTED SEXUAL ASSAULT CASES INVOLVING MEMBERS OF THE ARMED FORCES Pub. L. 115–232, div. A, title V, § 535, Aug. 13, 2018, 132 Stat. 1761, provided that: ‘‘The Secretary of Defense shall establish a uniform command action form, appli- cable across the Armed Forces, for reporting the final disposition of cases of sexual assault in which— ‘‘(1) the alleged offender is a member of the Armed Forces; and ‘‘(2) the victim files an unrestricted report on the alleged assault.’’ REPORT ON VICTIMS OF SEXUAL ASSAULT IN REPORTS OF MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS Pub. L. 115–232, div. A, title V, § 547, Aug. 13, 2018, 132 Stat. 1765, as amended by Pub. L. 116–283, div. A, title V, § 536, Jan. 1, 2021, 134 Stat. 3604, which required the Secretary of Defense, in accordance with guidance to ensure the uniformity of data, to submit to Congress biennial reports on investigations of covered individ- uals suspected of sexual offenses and adverse actions taken against such individuals, was repealed by Pub. L. Page 1459 TITLE 10—ARMED FORCES § 1561 118–159, div. A, title V, § 566(b)(2), Dec. 23, 2024, 138 Stat. 1905. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING FOR ALL INDIVIDUALS ENLISTED IN THE ARMED FORCES UNDER A DELAYED ENTRY PROGRAM Pub. L. 115–91, div. A, title V, § 535, Dec. 12, 2017, 131 Stat. 1391, provided that: ‘‘(a) TRAINING REQUIRED.—Commencing not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], each Secretary concerned shall, insofar as practicable, provide training on sexual assault pre- vention and response to each individual under the juris- diction of such Secretary who is enlisted in the Armed Forces under a delayed entry program such that each such individual completes such training before the date of commencement of basic training or initial active duty for training in the Armed Forces. ‘‘(b) TRAINING ELEMENTS.—The training provided pur- suant to subsection (a)— ‘‘(1) shall, to the extent practicable, be uniform across the Armed Forces; ‘‘(2) should be provided through in-person instruc- tion, whenever possible; ‘‘(3) should include instruction on the proper use of social media; and ‘‘(4) shall meet such other requirements as the Sec- retary of Defense may establish. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘delayed entry program’ means the following: ‘‘(A) The Future Soldiers Program of the Army. ‘‘(B) The Delayed Entry Program of the Navy and the Marine Corps. ‘‘(C) The program of the Air Force for the delayed entry of enlistees into the Air Force. ‘‘(D) The program of the Coast Guard for the de- layed entry of enlistees into the Coast Guard. ‘‘(E) Any successor program to a program referred to in subparagraphs (A) through (D). ‘‘(2) The term ‘Secretary concerned’ has the mean- ing given that term in section 101(a)(9) of title 10, United States Code.’’ METRICS FOR EVALUATING THE EFFORTS OF THE ARMED FORCES TO PREVENT AND RESPOND TO RETALIATION IN CONNECTION WITH REPORTS OF SEXUAL ASSAULT IN THE ARMED FORCES Pub. L. 114–328, div. A, title V, § 545, Dec. 23, 2016, 130 Stat. 2128, provided that: ‘‘(a) METRICS REQUIRED.—The Sexual Assault Preven- tion and Response Office of the Department of Defense shall establish and issue to the military departments metrics to be used to evaluate the efforts of the Armed Forces to prevent and respond to retaliation in connec- tion with reports of sexual assault in the Armed Forces. ‘‘(b) BEST PRACTICES.—For purposes of enhancing and achieving uniformity in the efforts of the Armed Forces to prevent and respond to retaliation in connection with reports of sexual assault in the Armed Forces, the Sexual Assault Prevention and Response Office shall identify and issue to the military departments best practices to be used in the prevention of and response to retaliation in connection with such reports.’’ TRAINING FOR DEPARTMENT OF DEFENSE PERSONNEL WHO INVESTIGATE CLAIMS OF RETALIATION Pub. L. 114–328, div. A, title V, § 546, Dec. 23, 2016, 130 Stat. 2128, as amended by Pub. L. 115–91, div. A, title V, § 523(b), Dec. 12, 2017, 131 Stat. 1381, provided that: ‘‘(a) TRAINING REGARDING NATURE AND CONSEQUENCES OF RETALIATION.—The Secretary of Defense shall ensure that the personnel of the Department of Defense speci- fied in subsection (b) who investigate claims of retalia- tion receive training on the nature and consequences of retaliation, and, in cases involving reports of sexual as- sault, the nature and consequences of sexual assault trauma. The training shall include such elements as the Secretary shall specify for purposes of this section, including guidelines for the consideration of evidence substantiating such allegations in accordance with the requirements of section 1554b(b) of title 10, United States Code, as added by section 522 of the National De- fense Authorization Act for Fiscal Year 2018 [Pub. L. 115–91]. ‘‘(b) COVERED PERSONNEL.—The personnel of the De- partment of Defense covered by subsection (a) are the following: ‘‘(1) Personnel of military criminal investigation services. ‘‘(2) Personnel of Inspectors General offices. ‘‘(3) Personnel of any command of the Armed Forces who are assignable by the commander of such command to investigate claims of retaliation made by or against members of such command. ‘‘(c) RETALIATION DEFINED.—In this section, the term ‘retaliation’ has the meaning given the term by the Secretary of Defense in the strategy required by sec- tion 539 of the National Defense Authorization Act of Fiscal Year 2016 [National Defense Authorization Act for Fiscal Year 2016] (Public Law 114–92; 129 Stat. 818) or a subsequent meaning specified by the Secretary.’’ NOTIFICATION TO COMPLAINANTS OF RESOLUTION OF INVESTIGATIONS INTO RETALIATION Pub. L. 114–328, div. A, title V, § 547, Dec. 23, 2016, 130 Stat. 2128, provided that: ‘‘(a) NOTIFICATION REQUIRED.— ‘‘(1) MEMBERS OF THE ARMY, NAVY, AIR FORCE, AND MARINE CORPS.—Under regulations prescribed by the Secretary of Defense, upon the conclusion of an in- vestigation by an office, element, or personnel of the Department of Defense or of the Armed Forces of a complaint by a member of the Armed Forces of retal- iation, the member shall be informed in writing of the results of the investigation, including whether the complaint was substantiated, unsubstantiated, or dismissed. ‘‘(2) MEMBERS OF COAST GUARD.—The Secretary of Homeland Security shall provide in a similar manner for notification in writing of the results of investiga- tions by offices, elements, or personnel of the Depart- ment of Homeland Security or of the Coast Guard of complaints of retaliation made by members of the Coast Guard when it is not operating as a service in the Navy. ‘‘(b) RETALIATION DEFINED.—In this section, the term ‘retaliation’ has the meaning given the term by the Secretary of Defense in the strategy required by sec- tion 539 of the National Defense Authorization Act of Fiscal Year 2016 [National Defense Authorization Act for Fiscal Year 2016] (Public Law 114–92; 129 Stat. 818) or a subsequent meaning specified by the Secretary.’’ RETENTION OF CASE NOTES IN INVESTIGATIONS OF SEX- RELATED OFFENSES INVOLVING MEMBERS OF THE ARMY, NAVY, AIR FORCE, OR MARINE CORPS Pub. L. 114–92, div. A, title V, § 541, Nov. 25, 2015, 129 Stat. 819, as amended by Pub. L. 116–283, div. A, title X, § 1081(f)(1), Jan. 1, 2021, 134 Stat. 3874, provided that: ‘‘(a) RETENTION OF ALL INVESTIGATIVE RECORDS RE- QUIRED.—Not later than 180 days after the date of the enactment of this Act [Nov. 25, 2015], the Secretary of Defense shall update Department of Defense records re- tention policies to ensure that, for all investigations relating to an alleged sex-related offense (as defined in section 1044e(h) of title 10, United States Code) involv- ing a member of the Army, Navy, Air Force, or Marine Corps, all elements of the case file shall be retained as part of the investigative records retained in accordance with section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note). ‘‘(b) ELEMENTS.—In updating records retention poli- cies as required by subsection (a), the Secretary of De- fense shall address, at a minimum, the following mat- ters: Page 1460 TITLE 10—ARMED FORCES § 1561 ‘‘(1) The elements of the case file to be retained must include, at a minimum, the case activity record, case review record, investigative plans, and all case notes made by an investigating agent or agents. ‘‘(2) All investigative records must be retained for no less than 50 years. ‘‘(3) No element of the case file may be destroyed until the expiration of the time that investigative records must be kept. ‘‘(4) Records may be stored digitally or in hard copy, in accordance with existing law or regulations or additionally prescribed policy considered nec- essary by the Secretary of the military department concerned. ‘‘(c) CONSISTENT EDUCATION AND POLICY.—The Sec- retary of Defense shall ensure that existing policy, edu- cation, and training are updated to reflect policy changes in accordance with subsection (a). ‘‘(d) UNIFORM APPLICATION TO MILITARY DEPART- MENTS.—The Secretary of Defense shall ensure that, to the maximum extent practicable, the policy developed under subsections (a) is implemented uniformly by the military departments.’’ [Pub. L. 116–283, div. A, title X, § 1081(f), Jan. 1, 2021, 134 Stat. 3874, provided that the amendment made by section 1081(f)(1) of Pub. L. 116–283 to section 541 of Pub. L. 114–92, set out above, is effective as of Dec. 23, 2016, and as if included in Pub. L. 114–92.] REQUIRED CONSIDERATION OF CERTAIN ELEMENTS OF COMMAND CLIMATE IN PERFORMANCE APPRAISALS OF COMMANDING OFFICERS Pub. L. 113–291, div. A, title V, § 508, Dec. 19, 2014, 128 Stat. 3357, provided that: ‘‘The Secretary of a military department shall ensure that the performance ap- praisal of a commanding officer in an Armed Force under the jurisdiction of that Secretary indicates the extent to which the commanding officer has or has not established a command climate in which— ‘‘(1) allegations of sexual assault are properly man- aged and fairly evaluated; and ‘‘(2) a victim of criminal activity, including sexual assault, can report the criminal activity without fear of retaliation, including ostracism and group pressure from other members of the command.’’ REQUIREMENTS RELATING TO SEXUAL ASSAULT FORENSIC EXAMINERS FOR THE ARMED FORCES Pub. L. 113–291, div. A, title V, § 539(a), (b), Dec. 19, 2014, 128 Stat. 3370, provided that: ‘‘(a) PERSONNEL ELIGIBLE FOR ASSIGNMENT.— ‘‘(1) SPECIFIED PERSONNEL.—Except as provided in paragraph (2), an individual who may be assigned to duty as a Sexual Assault Forensic Examiner (SAFE) for the Armed Forces is limited to members of the Armed Forces and civilian employees of the Depart- ment of Defense who are also one of the following: ‘‘(A) A physician. ‘‘(B) A nurse practitioner. ‘‘(C) A nurse midwife. ‘‘(D) A physician assistant. ‘‘(E) A registered nurse. ‘‘(2) INDEPENDENT DUTY CORPSMEN.—An independent duty corpsman or equivalent may be assigned to duty as a Sexual Assault Forensic Examiner for the Armed Forces if the assignment of an individual specified in paragraph (1) is impracticable. ‘‘(b) TRAINING AND CERTIFICATION.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall es- tablish and maintain, and update when appropriate, a training and certification program for Sexual Assault Forensic Examiners. The training and certification programs shall apply uniformly to all Sexual Assault Forensic Examiners under the jurisdiction of the Sec- retaries of the military departments. ‘‘(2) ELEMENTS.—Each training and certification program under this subsection shall include training in sexual assault forensic examinations by qualified personnel who possess— ‘‘(A) a Sexual Assault Nurse Examiner—Adult/Ad- olescent (SANE–A) certification or equivalent cer- tification; or ‘‘(B) training and clinical or forensic experience in sexual assault forensic examinations similar to that required for a certification described in sub- paragraph (A). ‘‘(3) NATURE OF TRAINING.—The training provided under each training and certification program under this subsection shall incorporate and reflect current best practices and standards on sexual assault foren- sic examinations. ‘‘(4) APPLICABILITY OF TRAINING REQUIREMENTS.—Ef- fective beginning one year after the date of the enact- ment of this Act [Dec. 19, 2014], an individual may not be assigned to duty as a Sexual Assault Forensic Ex- aminer for the Armed Forces unless the individual has completed, by the date of such assignment, all training required under the training and certification program under this subsection.’’ DEFENSE ADVISORY COMMITTEE ON INVESTIGATION, PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT IN THE ARMED FORCES Pub. L. 113–291, div. A, title V, § 546(a)–(f), Dec. 19, 2014, 128 Stat. 3374, 3375, as amended by Pub. L. 114–92, div. A, title V, § 537, Nov. 25, 2015, 129 Stat. 817; Pub. L. 115–232, div. A, title V, § 533, Aug. 13, 2018, 132 Stat. 1760; Pub. L. 116–92, div. A, title V, § 535, Dec. 20, 2019, 133 Stat. 1362; Pub. L. 118–159, div. A, title V, § 569D(1), Dec. 23, 2024, 138 Stat. 1908, provided that: ‘‘(a) ESTABLISHMENT REQUIRED.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall es- tablish and maintain within the Department of De- fense an advisory committee to be known as the ‘De- fense Advisory Committee on Investigation, Prosecu- tion, and Defense of Sexual Assault in the Armed Forces’ (in this section referred to as the ‘Advisory Committee’). ‘‘(2) DEADLINE FOR ESTABLISHMENT.—The Secretary shall establish the Advisory Committee not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 [Nov. 25, 2015]. ‘‘(b) MEMBERSHIP.—The Advisory Committee shall consist of not more than 20 members, to be appointed by the Secretary of Defense, who have experience with the investigation, prosecution, and defense of allega- tions of sexual assault offenses. Members of the Advi- sory Committee may include Federal and State pros- ecutors, judges, law professors, and private attorneys. Members of the Armed Forces serving on active duty may not serve as a member of the Advisory Committee. ‘‘(c) DUTIES.— ‘‘(1) IN GENERAL.—The Advisory Committee shall advise the Secretary of Defense on the investigation, prosecution, and defense of allegations of rape, forc- ible sodomy, sexual assault, and other sexual mis- conduct involving members of the Armed Forces. ‘‘(2) BASIS FOR PROVISION OF ADVICE.—For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall review, on an ongoing basis, cases involving allegations of sex- ual misconduct described in paragraph (1). ‘‘(d) AUTHORITIES.— ‘‘(1) HEARINGS.—The Advisory Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the committee considers appropriate to carry out its duties under this section. ‘‘(2) INFORMATION FROM FEDERAL AGENCIES.—Upon request by the chair of the Advisory Committee, a de- partment or agency of the Federal Government shall provide information that the Advisory Committee considers necessary to carry out its duties under this section. In carrying out this paragraph, the depart- ment or agency shall take steps to prevent the unau- thorized disclosure of personally identifiable informa- tion. ‘‘(e) ANNUAL REPORTS.—Not later than March 30 each year, the Advisory Committee shall submit to the Sec- Page 1461 TITLE 10—ARMED FORCES § 1561 retary of Defense and the Committees on Armed Serv- ices of the Senate and the House of Representatives a report describing the results of the activities of the Ad- visory Committee pursuant to this section during the preceding year. ‘‘(f) TERMINATION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Advisory Committee shall terminate on the date that is 15 years after the date of the establish- ment of the Advisory Committee pursuant to sub- section (a). ‘‘(2) CONTINUATION.—The Secretary of Defense may continue the Advisory Committee after the termi- nation date applicable under paragraph (1) if the Sec- retary determines that continuation of the Advisory Committee after that date is advisable and appro- priate. If the Secretary determines to continue the Advisory Committee after that date, the Secretary shall submit to the President and the congressional committees specified in subsection (d) a report de- scribing the reasons for that determination and speci- fying the new termination date for the Advisory Committee.’’ [For termination, effective Dec. 31, 2021, of annual re- porting provisions in section 546(e) of Pub. L. 113–291, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.] IMPROVED CLIMATE ASSESSMENTS AND DISSEMINATION OF RESULTS Pub. L. 113–66, div. A, title V, § 587, Dec. 26, 2013, 127 Stat. 778, provided that: ‘‘(a) IMPROVED DISSEMINATION OF RESULTS IN CHAIN OF COMMAND.—The Secretary of Defense shall ensure that the results of command climate assessments are pro- vided to the relevant individual commander and to the next higher level of command. ‘‘(b) EVIDENCE OF COMPLIANCE.—The Secretary of each military department shall require in the performance evaluations and assessments used by each Armed Force under the jurisdiction of the Secretary a statement by the commander regarding whether the commander has conducted the required command climate assessments. ‘‘(c) EFFECT OF FAILURE TO CONDUCT ASSESSMENT.— The failure of a commander to conduct the required command climate assessments shall be noted in the commander’s performance evaluation.’’ AVAILABILITY OF SEXUAL ASSAULT FORENSIC EXAM- INERS AT MILITARY MEDICAL TREATMENT FACILITIES Pub. L. 113–66, div. A, title XVII, § 1725(b), Dec. 26, 2013, 127 Stat. 971, as amended by Pub. L. 113–291, div. A, title V, § 539(d)(1), Dec. 19, 2014, 128 Stat. 3371, pro- vided that: ‘‘(1) FACILITIES WITH FULL-TIME EMERGENCY DEPART- MENT.—The Secretary of a military department shall require the assignment of at least one full-time Sexual Assault Forensic Examiner to each military medical treatment facility under the jurisdiction of that Sec- retary in which an emergency department operates 24 hours per day. The Secretary may assign additional Sexual Assault Forensic Examiners based on the demo- graphics of the patients who utilize the military med- ical treatment facility. ‘‘(2) OTHER FACILITIES.—In the case of a military med- ical treatment facility not covered by paragraph (1), the Secretary of the military department concerned shall require that a Sexual Assault Forensic Examiner be made available to a patient of the facility, con- sistent with the Department of Justice National Pro- tocol for Sexual Assault Medical Forensic Examina- tions, Adult/Adolescent, when a determination is made regarding the patient’s need for the services of a Sexual Assault Forensic Examiner.’’ COMMANDING OFFICER ACTION ON REPORTS ON SEXUAL OFFENSES INVOLVING MEMBERS OF THE ARMED FORCES Pub. L. 113–66, div. A, title XVII, § 1742, Dec. 26, 2013, 127 Stat. 979, provided that: ‘‘(a) IMMEDIATE ACTION REQUIRED.—A commanding of- ficer who receives a report of a sex-related offense in- volving a member of the Armed Forces in the chain of command of such officer shall act upon the report in accordance with subsection (b) immediately after re- ceipt of the report by the commanding officer. ‘‘(b) ACTION REQUIRED.—The action required by this subsection with respect to a report described in sub- section (a) is the referral of the report to the military criminal investigation organization with responsibility for investigating that offense of the military depart- ment concerned or such other investigation service of the military department concerned as the Secretary of the military department concerned may specify for purposes of this section.’’ EIGHT-DAY INCIDENT REPORTING REQUIREMENT IN RE- SPONSE TO UNRESTRICTED REPORT OF SEXUAL AS- SAULT IN WHICH THE VICTIM IS A MEMBER OF THE ARMED FORCES Pub. L. 113–66, div. A, title XVII, § 1743, Dec. 26, 2013, 127 Stat. 979, provided that: ‘‘(a) INCIDENT REPORTING POLICY REQUIREMENT.—The Secretary of Defense and the Secretary of the Depart- ment in which the Coast Guard is operating shall estab- lish and maintain a policy to require the submission by a designated person of a written incident report not later than eight days after an unrestricted report of sexual assault has been made in which a member of the Armed Forces is the victim. At a minimum, this inci- dent report shall be provided to the following: ‘‘(1) The installation commander, if such incident occurred on or in the vicinity of a military installa- tion. ‘‘(2) The first officer in the grade of 0–6, and the first general officer or flag officer, in the chain of command of the victim. ‘‘(3) The first officer in the grade of 0–6, and the first general officer or flag officer, in the chain of command of the alleged offender if the alleged of- fender is a member of the Armed Forces. ‘‘(b) PURPOSE OF REPORT.—The purpose of the re- quired incident report under subsection (a) is to detail the actions taken or in progress to provide the nec- essary care and support to the victim of the assault, to refer the allegation of sexual assault to the appropriate investigatory agency, and to provide initial notifica- tion of the serious incident when that notification has not already taken place. ‘‘(c) ELEMENTS OF REPORT.— ‘‘(1) IN GENERAL.—The report of an incident under subsection (a) shall include, at a minimum, the fol- lowing: ‘‘(A) Time/Date/Location of the alleged incident. ‘‘(B) Type of offense alleged. ‘‘(C) Service affiliation, assigned unit, and loca- tion of the victim. ‘‘(D) Service affiliation, assigned unit, and loca- tion of the alleged offender, including information regarding whether the alleged offender has been temporarily transferred or removed from an as- signed billet or ordered to pretrial confinement or otherwise restricted, if applicable. ‘‘(E) Post-incident actions taken in connection with the incident, including the following: ‘‘(i) Referral of the victim to a Sexual Assault Response Coordinator for referral to services available to members of the Armed Forces who are victims of sexual assault, including the date of each such referral. ‘‘(ii) Notification of incident to appropriate military criminal investigative organization, in- cluding the organization notified and date of such notification. ‘‘(iii) Receipt and processing status of a request for expedited victim transfer, if applicable. ‘‘(iv) Issuance of any military protective orders in connection with the incident. ‘‘(2) MODIFICATION.— ‘‘(A) IN GENERAL.—The Secretary of Defense may modify the elements required in a report under this Page 1462 TITLE 10—ARMED FORCES § 1561 section regarding an incident involving a member of the Armed Forces (including the Coast Guard when it is operating as service in the Department of the Navy) if the Secretary determines that such modification will facilitate compliance with best practices for such reporting as identified by the Sexual Assault Prevention and Response Office of the Department of Defense. ‘‘(B) COAST GUARD.—The Secretary of the Depart- ment in which the Coast Guard is operating may modify the elements required in a report under this section regarding an incident involving a member of the Coast Guard if the Secretary determines that such modification will facilitate compliance with best practices for such reporting as identified by the Coast Guard Office of Work-Life Programs. ‘‘(d) REGULATIONS.—Not later than 180 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense and the Secretary of the Depart- ment in which the Coast Guard is operating shall pre- scribe regulations to carry out this section.’’ INCLUSION AND COMMAND REVIEW OF INFORMATION ON SEX-RELATED OFFENSES IN PERSONNEL SERVICE RECORDS OF MEMBERS OF THE ARMED FORCES Pub. L. 113–66, div. A, title XVII, § 1745, Dec. 26, 2013, 127 Stat. 982, provided that: ‘‘(a) INFORMATION ON REPORTS ON SEX-RELATED OF- FENSES.— ‘‘(1) IN GENERAL.—If a complaint of a sex-related of- fense is made against a member of the Armed Forces and the member is convicted by court-martial or re- ceives non-judicial punishment or punitive adminis- trative action for such sex-related offense, 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 in- formation in personnel service records under para- graph (1) is to alert commanders to the members of their command who have received courts-martial conviction, non-judicial punishment, or punitive ad- ministrative action for sex-related offenses in order to reduce the likelihood that repeat offenses will es- cape the notice of commanders. ‘‘(b) LIMITATION ON PLACEMENT.—A notation under subsection (a) may not be placed in the restricted sec- tion 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) COMMAND REVIEW OF HISTORY OF SEX-RELATED OFFENSES OF MEMBERS UPON ASSIGNMENT OR TRANSFER TO NEW UNIT.— ‘‘(1) REVIEW REQUIRED.—Under uniform regulations prescribed by the Secretary of Defense, the com- manding 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 sex-related offenses as documented in the personnel service record 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 sex-related 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).’’ ESTABLISHMENT OF SPECIAL VICTIM CAPABILITIES WITHIN THE MILITARY DEPARTMENTS TO RESPOND TO ALLEGATIONS OF CERTAIN SPECIAL VICTIM OFFENSES Pub. L. 112–239, div. A, title V, § 573, Jan. 2, 2013, 126 Stat. 1755, provided that: ‘‘(a) ESTABLISHMENT REQUIRED.—Under regulations prescribed by the Secretary of Defense, the Secretary of each military department shall establish special vic- tim capabilities for the purposes of— ‘‘(1) investigating and prosecuting allegations of child abuse, serious domestic violence, or sexual of- fenses; and ‘‘(2) providing support for the victims of such of- fenses. ‘‘(b) PERSONNEL.—The special victim capabilities de- veloped under subsection (a) shall include specially trained and selected— ‘‘(1) investigators from the Army Criminal Inves- tigative Command, Naval Criminal Investigative Service, or Air Force Office of Special Investigations; ‘‘(2) judge advocates; ‘‘(3) victim witness assistance personnel; and ‘‘(4) administrative paralegal support personnel. ‘‘(c) TRAINING, SELECTION, AND CERTIFICATION STAND- ARDS.—The Secretary of Defense shall prescribe stand- ards for the training, selection, and certification of per- sonnel who will provide special victim capabilities for a military department. ‘‘(d) DISCRETION REGARDING EXTENT OF CAPABILI- TIES.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Sec- retary of a military department shall determine the extent to which special victim capabilities will be es- tablished within the military department and pre- scribe regulations for the management and use of the special victim capabilities. ‘‘(2) REQUIRED ELEMENTS.—At a minimum, the spe- cial victim capabilities established within a military department must provide effective, timely, and re- sponsive world-wide support for the purposes de- scribed in subsection (a). ‘‘(e) TIME FOR ESTABLISHMENT.— ‘‘(1) IMPLEMENTATION PLAN.—Not later than 270 days after the date of the enactment of this Act [Jan. 2, 2013], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing— ‘‘(A) the plans and time lines of the Secretaries of the military departments for the establishment of the special victims capabilities; and ‘‘(B) an assessment by the Secretary of Defense of the plans and time lines. ‘‘(2) INITIAL CAPABILITIES.—Not later than one year after the date of the enactment of this Act, the Sec- retary of each military department shall have avail- able an initial special victim capability consisting of the personnel specified in subsection (b). ‘‘(f) EVALUATION OF EFFECTIVENESS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— ‘‘(1) prescribe the common criteria to be used by the Secretaries of the military departments to meas- ure the effectiveness and impact of the special victim capabilities from the investigative, prosecutorial, and victim’s perspectives; and ‘‘(2) require the Secretaries of the military depart- ments to collect and report the data used to measure such effectiveness and impact. ‘‘(g) SPECIAL VICTIM CAPABILITIES DEFINED.—In this section, the term ‘special victim capabilities’ means a distinct, recognizable group of appropriately skilled professionals who work collaboratively to achieve the purposes described in subsection (a). This section does not require that the special victim capabilities be cre- ated as separate military unit or have a separate chain of command.’’ RETENTION OF CERTAIN FORMS IN CONNECTION WITH RESTRICTED REPORTS AND UNRESTRICTED REPORTS ON SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES Pub. L. 112–239, div. A, title V, § 577, Jan. 2, 2013, 126 Stat. 1762, as amended by Pub. L. 113–66, div. A, title XVII, § 1723, Dec. 26, 2013, 127 Stat. 970, provided that: ‘‘(a) PERIOD OF RETENTION.—The Secretary of Defense shall ensure that all copies of Department of Defense Page 1463 TITLE 10—ARMED FORCES § 1561 Form 2910 and Department of Defense Form 2911 filed in connection with a Restricted Report or Unrestricted Report on an incident of sexual assault involving a member of the Armed Forces 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 in- cidents of sexual assault involving members of the Armed Forces under Department of Defense Direc- tive-Type Memorandum (DTM) 11–062, entitled ‘Docu- ment Retention in Cases of Restricted and Unre- stricted Reports of Sexual Assault’, or any successor directive or policy. ‘‘(b) PROTECTION OF CONFIDENTIALITY.—Any Depart- ment of Defense form retained under subsection (a) shall be retained in a manner that protects the con- fidentiality of the member of the Armed Forces con- cerned 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.’’ GENERAL OR FLAG OFFICER REVIEW OF AND CONCUR- RENCE IN SEPARATION OF MEMBERS OF THE ARMED FORCES MAKING AN UNRESTRICTED REPORT OF SEX- UAL ASSAULT Pub. L. 112–239, div. A, title V, § 578, Jan. 2, 2013, 126 Stat. 1763, provided that: ‘‘(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 cir- cumstances of, and grounds for, the proposed involun- tary separation of any member of the Armed Forces who— ‘‘(1) made an Unrestricted Report of a sexual as- sault; ‘‘(2) within one year after making the Unrestricted Report of a sexual assault, is recommended for invol- untary 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 sub- section (a), the concurrence of the general officer or flag officer conducting the review of the proposed in- voluntary 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 [Jan. 2, 2013], the Secretary of Defense shall submit to the Com- mittees 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 subsection (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 de- scribed in subsection (a) who are proposed to be invol- untarily separated from the Armed Forces on or after that date.’’ DEPARTMENT OF DEFENSE POLICY AND PLAN FOR PRE- VENTION AND RESPONSE TO SEXUAL HARASSMENT IN THE ARMED FORCES Pub. L. 112–239, div. A, title V, § 579, Jan. 2, 2013, 126 Stat. 1763, provided that: ‘‘(a) COMPREHENSIVE PREVENTION AND RESPONSE POL- ICY.— ‘‘(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 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 proce- dures 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 [Jan. 2, 2013], 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 re- quired by paragraph (1). ‘‘(3) CONSULTATION.—The Secretary of Defense shall prepare the policy and report required by this sub- section in consultation with the Secretaries of the military departments and the Equal Opportunity Of- fice of the Department of Defense. ‘‘(b) DATA COLLECTION AND REPORTING REGARDING SUBSTANTIATED 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 harass- ment involving members of the Armed Forces. The plan shall specifically deal with the need to identify cases in which a member is accused of multiple inci- dents 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 re- ports required to be submitted in 2014 under section 1631 of the Ike Skelton National Defense Authoriza- tion Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note), the Secretary of De- fense shall include information and data collected under the plan during the preceding year regarding substantiated incidents of sexual harassment involv- ing members of the Armed Forces.’’ SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT VICTIM ADVOCATES Pub. L. 112–81, div. A, title V, § 584, Dec. 31, 2011, 125 Stat. 1432, as amended by Pub. L. 113–66, div. A, title XVII, § 1724, Dec. 26, 2013, 127 Stat. 970; Pub. L. 117–81, div. A, title V, § 549H, Dec. 27, 2021, 135 Stat. 1728, pro- vided that: ‘‘(a) ASSIGNMENT OF COORDINATORS.— ‘‘(1) ASSIGNMENT REQUIREMENTS.—At least one full- time Sexual Assault Response Coordinator shall be assigned to each brigade or equivalent unit level of the armed forces. The Secretary of the military de- partment concerned may assign additional Sexual Assault Response Coordinators as necessary based on the demographics or needs of the unit. An additional Sexual Assault Response Coordinator may serve on a full-time or part-time basis at the discretion of the Secretary. ‘‘(2) AVAILABILITY FOR RESERVE COMPONENT MEM- BERS.—The Secretary of the military department concerned shall ensure the timely access to a Sexual Assault Response Coordinator by any member of the National Guard or Reserve who— ‘‘(A) is the victim of a sexual assault during the performance of duties as a member of the National Guard or Reserves; or ‘‘(B) is the victim of a sexual assault committed by a member of the National Guard or Reserves. ‘‘(3) ELIGIBLE PERSONS.—On and after October 1, 2013, only members of the armed forces and civilian employees of the Department of Defense may be as- signed to duty as a Sexual Assault Response Coordi- nator. ‘‘(b) ASSIGNMENT OF VICTIM ADVOCATES.— ‘‘(1) ASSIGNMENT REQUIREMENTS.—At least one full- time Sexual Assault Victim Advocate shall be as- Page 1464 TITLE 10—ARMED FORCES § 1561 signed to each brigade or equivalent unit level of the armed forces. The Secretary of the military depart- ment concerned may assign additional Victim Advo- cates as necessary based on the demographics or needs of the unit. An additional Victim Advocate may serve on a full-time or part-time basis at the dis- cretion of the Secretary. ‘‘(2) ELIGIBLE PERSONS.—On and after October 1, 2013, only members of the armed forces and civilian employees of the Department of Defense may be as- signed to duty as a Victim Advocate. ‘‘(c) TRAINING AND CERTIFICATION.— ‘‘(1) TRAINING AND CERTIFICATION PROGRAM.—As part of the sexual assault prevention and response pro- gram, the Secretary of Defense shall establish a pro- fessional and uniform training and certification pro- gram for Sexual Assault Response Coordinators as- signed under subsection (a) and Sexual Assault Vic- tim Advocates assigned under subsection (b). The pro- gram shall be structured and administered in a man- ner similar to the professional training available for Equal Opportunity Advisors through the Defense Equal Opportunity Management Institute. ‘‘(2) CONSULTATION.—In developing the curriculum and other components of the program, the Secretary of Defense shall work with experts outside of the De- partment of Defense who are experts in victim advo- cacy and sexual assault prevention and response training. ‘‘(3) EFFECTIVE DATE.—On and after October 1, 2013, before a member or civilian employee may be as- signed to duty as a Sexual Assault Response Coordi- nator under subsection (a) or Victim Advocate under subsection (b), the member or employee must have completed the training program required by para- graph (1) and obtained the certification. ‘‘(d) AUTHORIZATIONS FOR DOD SAFE HELPLINE.— ‘‘(1) PROVIDING SUPPORT AND RECEIVING OFFICIAL RE- PORTS.—DoD Safe Helpline (or any successor service to DoD Safe Helpline, if any, as identified by the Sec- retary of Defense) is authorized to provide crisis intervention and support and to perform the intake of official reports of sexual assault from eligible adult sexual assault victims who contact the DoD Safe Helpline or other reports as directed by the Sec- retary of Defense. ‘‘(2) TRAINING AND OVERSIGHT.—DoD Safe Helpline staff shall have specialized training and appropriate certification to support eligible adult sexual assault victims. ‘‘(3) ELIGIBILITY AND PROCEDURES.—The Secretary of Defense shall prescribe regulations regarding eligi- bility for DoD Safe Helpline services, procedures for providing crisis intervention and support, and accept- ing reports. ‘‘(4) ELECTRONIC RECEIPT OF OFFICIAL REPORTS OF ADULT SEXUAL ASSAULTS.—DoD Safe Helpline shall provide the ability to receive reports of adult sexual assaults through the DoD Safe Helpline website and mobile phone applications, in a secure manner con- sistent with appropriate protection of victim privacy, and may offer other methods of receiving electronic submission of adult sexual assault reports, as appro- priate, in a manner that appropriately protects vic- tim privacy. ‘‘(5) TYPES OF REPORTS.—Reports of sexual assault from eligible adult sexual assault victims received by DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall include unrestricted and restricted reports, or other reports as directed by the Secretary of Defense. ‘‘(6) OPTION FOR ENTRY INTO THE CATCH A SERIAL OF- FENDER SYSTEM.—An individual making a restricted report (or a relevant successor type of report or other type of appropriate report, as determined by the Sec- retary of Defense) to the DoD Safe Helpline (or a suc- cessor as determined by the Secretary of Defense) shall have the option to submit information related to their report to the Catch a Serial Offender system (or its successor or similar system as determined by the Secretary of Defense). ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘armed forces’ means the Army, Navy, Air Force, and Marine Corps. ‘‘(2) The term ‘sexual assault prevention and re- sponse program’ has the meaning given such term in section 1601(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note).’’ TRAINING AND EDUCATION PROGRAMS FOR SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM Pub. L. 113–66, div. A, title XVII, § 1713(c), Dec. 26, 2013, 127 Stat. 964, provided that: ‘‘The Secretary of De- fense shall provide for the inclusion of information and discussion regarding the availability and use of the au- thority described by section 674 of title 10, United States Code, as added by subsection (a), as part of the training for new and prospective commanders at all levels of command required by section 585(b) of the Na- tional Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note).’’ Pub. L. 112–81, div. A, title V, § 585, Dec. 31, 2011, 125 Stat. 1434, as amended by Pub. L. 112–239, div. A, title V, § 574, Jan. 2, 2013, 126 Stat. 1756; Pub. L. 113–66, div. A, title X, § 1091(c)(2), Dec. 26, 2013, 127 Stat. 876, pro- vided that: ‘‘(a) SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING AND EDUCATION.— ‘‘(1) DEVELOPMENT OF CURRICULUM.—Not later than one year after the date of the enactment of this Act [Dec. 31, 2011], the Secretary of each military depart- ment shall develop a curriculum to provide sexual as- sault prevention and response training and education for members of the Armed Forces under the jurisdic- tion of the Secretary and civilian employees of the military department to strengthen individual knowl- edge, skills, and capacity to prevent and respond to sexual assault. In developing the curriculum, the Sec- retary shall work with experts outside of the Depart- ment of Defense who are experts in sexual assault prevention and response training. ‘‘(2) SCOPE OF TRAINING AND EDUCATION.—The sexual assault prevention and response training and edu- cation shall encompass initial entry and accession programs, annual refresher training, professional military education, peer education, and specialized leadership training. Training shall be tailored for specific leadership levels and local area requirements. ‘‘(3) CONSISTENT TRAINING.—The Secretary of De- fense shall ensure that the sexual assault prevention and response training provided to members of the Armed Forces and Department of Defense civilian employees is consistent throughout the military de- partments. ‘‘(b) INCLUSION IN PROFESSIONAL MILITARY EDU- CATION.—The Secretary of Defense shall provide for the inclusion of a sexual assault prevention and response training module at each level of professional military education. The training shall be tailored to the new re- sponsibilities and leadership requirements of members of the Armed Forces as they are promoted. ‘‘(c) INCLUSION IN FIRST RESPONDER TRAINING.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall di- rect that managers of specialty skills associated with first responders described in paragraph (2) integrate sexual assault response training in initial and recur- ring training courses. ‘‘(2) COVERED FIRST RESPONDERS.—First responders referred to in paragraph (1) include firefighters, emer- gency medical technicians, law enforcement officers, military criminal investigators, healthcare per- sonnel, judge advocates, and chaplains. ‘‘(d) COMMANDERS’ TRAINING.—The Secretary of De- fense shall provide for the inclusion of a sexual assault prevention and response training module in the train- ing for new or prospective commanders at all levels of command. The training shall be tailored to the respon- sibilities and leadership requirements of members of the Armed Forces as they are assigned to command po- sitions. Such training shall include the following: Page 1465 TITLE 10—ARMED FORCES § 1561 ‘‘(1) Fostering a command climate that does not tolerate sexual assault. ‘‘(2) Fostering a command climate in which persons assigned to the command are encouraged to intervene to prevent potential incidents of sexual assault. ‘‘(3) Fostering a command climate that encourages victims of sexual assault to report any incident of sexual assault. ‘‘(4) Understanding the needs of, and the resources available to, the victim after an incident of sexual as- sault. ‘‘(5) Use of military criminal investigative organi- zations for the investigation of alleged incidents of sexual assault. ‘‘(6) Available disciplinary options, including court- martial, non-judicial punishment, administrative ac- tion, and deferral of discipline for collateral mis- conduct, as appropriate. ‘‘(e) EXPLANATION TO BE INCLUDED IN INITIAL ENTRY AND ACCESSION TRAINING.— ‘‘(1) REQUIREMENT.—The Secretary of Defense shall require that the matters specified in paragraph (2) be carefully explained to each member of the Army, Navy, Air Force, and Marine Corps at the time of (or within fourteen duty days after)— ‘‘(A) the member’s initial entrance on active duty; or ‘‘(B) the member’s initial entrance into a duty status with a reserve component. ‘‘(2) MATTERS TO BE EXPLAINED.—This subsection applies with respect to the following: ‘‘(A) Department of Defense policy with respect to sexual assault. ‘‘(B) The resources available with respect to sex- ual assault reporting and prevention and the proce- dures to be followed by a member seeking to access those resources.’’ [Pub. L. 113–66, div. A, title X, § 1091(c), Dec. 26, 2013, 127 Stat. 876, provided in part that the amendment made by section 1091(c)(2) to section 585 of Pub. L. 112–81, set out above, is effective as of Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.] DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON RETENTION AND ACCESS TO EVIDENCE AND RECORDS RELATING TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES Pub. L. 112–81, div. A, title V, § 586, Dec. 31, 2011, 125 Stat. 1434, as amended by Pub. L. 113–291, div. A, title V, § 538, Dec. 19, 2014, 128 Stat. 3369; Pub. L. 116–92, div. A, title V, § 536, Dec. 20, 2019, 133 Stat. 1362, provided that: ‘‘(a) COMPREHENSIVE POLICY ON RETENTION AND AC- CESS TO RECORDS.—Not later than October 1, 2012, the Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, develop a comprehensive policy for the Department of Defense on the retention of and access to evidence and records relating to sexual assaults involving members of the Armed Forces. ‘‘(b) OBJECTIVES.—The comprehensive policy required by subsection (a) shall include policies and procedures (including systems of records) necessary to ensure pres- ervation of records and evidence for periods of time that ensure that members of the Armed Forces and vet- erans of military service who were the victims of sex- ual assault during military service are able to substan- tiate claims for veterans benefits, to support criminal or civil prosecutions by military or civil authorities, and for such purposes relating to the documentation of the incidence of sexual assault in the Armed Forces as the Secretary of Defense considers appropriate. ‘‘(c) ELEMENTS.—In developing the comprehensive policy required by subsection (a), the Secretary of De- fense shall consider, at a minimum, the following mat- ters: ‘‘(1) Identification of records, including non-Depart- ment of Defense records, relating to an incident of sexual assault, that must be retained. ‘‘(2) Criteria for collection and retention of records. ‘‘(3) Identification of physical evidence and non- documentary forms of evidence relating to sexual as- saults that must be retained. ‘‘(4) Length of time records, including Department of Defense Forms 2910 and 2911, and evidence must be retained, except that— ‘‘(A) the length of time physical evidence and fo- rensic evidence must be retained shall be not less than five years; and ‘‘(B) the length of time documentary evidence re- lating to sexual assaults must be retained shall be not less than the length of time investigative records relating to reports of sexual assaults of that type (restricted or unrestricted reports) must be retained. ‘‘(5) Locations where records must be stored. ‘‘(6) Media which may be used to preserve records and assure access, including an electronic systems [sic] of records. ‘‘(7) Protection of privacy of individuals named in records and status of records under section 552 of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’), section 552a of title 5, United States Code (commonly referred to as the ‘Privacy Act’), restricted reporting cases, and laws related to privilege. ‘‘(8) Access to records by victims of sexual assault, the Department of Veterans Affairs, and others, in- cluding alleged assailants and law enforcement au- thorities. ‘‘(9) Responsibilities for record retention by the military departments. ‘‘(10) Education and training on record retention re- quirements. ‘‘(11) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault. ‘‘(d) UNIFORM APPLICATION TO MILITARY DEPART- MENTS.—The Secretary of Defense shall ensure that, to the maximum extent practicable, the policy developed under subsection (a) is implemented uniformly by the military departments. ‘‘(e) COPY OF RECORDS OF COURT-MARTIAL TO VICTIMS OF SEXUAL ASSAULT.—[Amended section 854 of this title.] ‘‘(e) RETURN OF PERSONAL PROPERTY UPON COMPLE- TION OF RELATED PROCEEDINGS IN UNRESTRICTED RE- PORTING CASES.—Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the Armed Forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident. ‘‘(f) RETURN OF PERSONAL PROPERTY IN RESTRICTED REPORTING CASES.—(1) The Secretary of Defense shall prescribe procedures under which a victim who files a restricted report on an incident of sexual assault may request, at any time, the return of any personal prop- erty of the victim obtained as part of the sexual assault forensic examination. ‘‘(2) The procedures shall ensure that— ‘‘(A) a request of a victim under paragraph (1) may be made on a confidential basis and without affecting the restricted nature of the restricted report; and ‘‘(B) at the time of the filing of the restricted re- port, a Sexual Assault Response Coordinator or Sex- ual Assault Prevention and Response Victim Advo- cate— ‘‘(i) informs the victim that the victim may re- quest the return of personal property as described in paragraph (1); and ‘‘(ii) advises the victim that such a request for the return of personal property may negatively im- pact a subsequent case adjudication, if the victim later decides to convert the restricted report to an unrestricted report. ‘‘(3) Except with respect to personal property re- turned to a victim under this subsection, nothing in this subsection shall affect the requirement to retain a sexual assault forensic examination (SAFE) kit for the period specified in subsection (c)(4)(A).’’ [Pub. L. 116–92, § 536(1), amended section 586 of Pub. L. 112–81, set out above, by redesignating subsec. (f) as (e), resulting in two subsecs. designated (e).] Page 1466 TITLE 10—ARMED FORCES § 1561 IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED FORCES Pub. L. 115–91, div. A, title V, § 538, Dec. 12, 2017, 131 Stat. 1393, provided that: ‘‘Beginning with the reports required to be submitted by March 1, 2019, under sec- tion 1631 of the Ike Skelton National Defense Author- ization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note), information regarding a sexual as- sault committed by a member of the Armed Forces against the spouse or intimate partner of the member or another dependent of the member shall be included in such reports in addition to the annual Family Advo- cacy Program report. The information may be included as an annex to such reports.’’ Pub. L. 112–239, div. A, title V, § 572, Jan. 2, 2013, 126 Stat. 1753, as amended by Pub. L. 113–66, div. A, title XVII, § 1721, Dec. 26, 2013, 127 Stat. 970, provided that: ‘‘(a) POLICY MODIFICATIONS.—Not later than 180 days after the date of the enactment of this Act [Jan. 2, 2013], the Secretary of Defense shall modify the revised comprehensive policy for the Department of Defense sexual assault prevention and response program re- quired by section 1602 of the Ike Skelton National De- fense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4430; 10 U.S.C. 1561 note) to in- clude in the policy the following new requirements: ‘‘(1) Subject to subsection (b), a requirement that the Secretary of each military department establish a record on the disposition of any Unrestricted Re- port of sexual assault involving a member of the Armed Forces, whether such disposition is court mar- tial, nonjudicial punishment, or other administrative action. ‘‘(2) A requirement that the Secretary of each mili- tary department establish policies to require the processing for administrative separation of any mem- ber of the Armed Forces under the jurisdiction of such Secretary whose conviction for a covered offense is final and who is not punitively discharged from the Armed Forces in connection with such conviction. Such requirement— ‘‘(A) shall ensure that any separation decision is based on the full facts of the case and that due process procedures are provided under regulations prescribed by the Secretary of Defense; and ‘‘(B) shall not be interpreted to limit or alter the authority of the Secretary of the military depart- ment concerned to process members of the Armed Forces for administrative separation for other of- fenses or under other provisions of law. ‘‘(3) A requirement that the commander of each military command and other units specified by the Secretary of Defense for purposes of the policy shall conduct, within 120 days after the commander as- sumes command and at least annually thereafter while retaining command, a climate assessment of the command or unit for purposes of preventing and responding to sexual assaults. The climate assess- ment shall include an opportunity for members of the Armed Forces to express their opinions regarding the manner and extent to which their leaders, including commanders, respond to allegations of sexual assault and complaints of sexual harassment and the effec- tiveness of such response. ‘‘(4) A requirement to post and widely disseminate information about resources available to report and respond to sexual assaults, including the establish- ment of hotline phone numbers and Internet websites available to all members of the Armed Forces. ‘‘(5) A requirement for a general education cam- paign to notify members of the Armed Forces regard- ing the authorities available under chapter 79 of title 10, United States Code, for the correction of military records when a member experiences any retaliatory personnel action for making a report of sexual as- sault or sexual harassment. ‘‘(b) ADDITIONAL REQUIREMENTS REGARDING DISPOSI- TION RECORDS OF SEXUAL ASSAULT REPORTS.— ‘‘(1) ELEMENTS.—The record of the disposition of an Unrestricted Report of sexual assault established under subsection (a)(1) shall include information re- garding the following, as appropriate: ‘‘(A) Documentary information collected about the incident, other than investigator case notes. ‘‘(B) Punishment imposed, including the sen- tencing by judicial or non-judicial means, including incarceration, fines, restriction, and extra duty as a result of military court-martial, Federal or local court and other sentencing, or any other punish- ment imposed. ‘‘(C) Adverse administrative actions taken against the subject of the investigation, if any. ‘‘(D) Any pertinent referrals made for the subject of the investigation, offered as a result of the inci- dent, such as drug and alcohol counseling and other types of counseling or intervention. ‘‘(2) RETENTION OF RECORDS.—The Secretary of De- fense shall require that— ‘‘(A) the disposition records established pursuant to subsection (a)(1) be retained for a period of not less than 20 years; and ‘‘(B) information from the records that satisfies the reporting requirements established in section 1631 of the Ike Skelton National Defense Authoriza- tion Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) be incorporated into the Defense Sexual Assault Incident Database and maintained for the same period as applies to retention of the records under subparagraph (A). ‘‘(c) COVERED OFFENSE DEFINED.—For purposes of sub- section (a)(2), the term ‘covered offense’ means the fol- lowing: ‘‘(1) Rape or sexual assault under subsection (a) or (b) of section 920 of title 10, United States Code (arti- cle 120 of the Uniform Code of Military Justice). ‘‘(2) Forcible sodomy under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice). ‘‘(3) An attempt to commit an offense specified in paragraph (1) or (2) under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). ‘‘(d) TRACKING OF ORGANIZATIONAL CLIMATE ASSESS- MENT COMPLIANCE.—The Secretary of Defense shall di- rect the Secretaries of the military departments to verify and track the compliance of commanding offi- cers in conducting organizational climate assessments, as required by subsection (a)(3).’’ Pub. L. 111–383, div. A, title XVI, Jan. 7, 2011, 124 Stat. 4429, as amended by Pub. L. 112–81, div. A, title V, § 583, Dec. 31, 2011, 125 Stat. 1432; Pub. L. 112–239, div. A, title V, § 575(a), (b), Jan. 2, 2013, 126 Stat. 1757, 1758; Pub. L. 113–66, div. A, title XVII, §§ 1725(a), 1726, Dec. 26, 2013, 127 Stat. 971, 972; Pub. L. 113–291, div. A, title V, § 542(a), (b), title X, § 1071(i), Dec. 19, 2014, 128 Stat. 3372, 3373, 3512; Pub. L. 114–328, div. A, title V, §§ 543, 544, Dec. 23, 2016, 130 Stat. 2127; Pub. L. 115–91, div. A, title V, § 537(a), Dec. 12, 2017, 131 Stat. 1392; Pub. L. 116–283, div. A, title V, § 537(a), Jan. 1, 2021, 134 Stat. 3605; Pub. L. 117–81, div. A, title V, § 549I, Dec. 27, 2021, 135 Stat. 1729, provided that: ‘‘SEC. 1601. DEFINITION OF DEPARTMENT OF DE- FENSE SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM AND OTHER DEFINI- TIONS. ‘‘(a) SEXUAL ASSAULT PREVENTION AND RESPONSE PRO- GRAM DEFINED.—In this title, the term ‘sexual assault prevention and response program’ refers to Department of Defense policies and programs, including policies and programs of a specific military department or Armed Force, that, as modified as required by this title— ‘‘(1) are intended to reduce the number of sexual as- saults involving members of the Armed Forces, whether members are the victim, alleged assailant, or both; and ‘‘(2) improve the response of the Department of De- fense, the military departments, and the Armed Forces to reports of sexual assaults involving mem- bers of the Armed Forces, whether members are the Page 1467 TITLE 10—ARMED FORCES § 1561 victim, alleged assailant, or both, and to reports of sexual assaults when a covered beneficiary under chapter 55 of title 10, United States Code, is the vic- tim. ‘‘(b) OTHER DEFINITIONS.—In this title: ‘‘(1) The term ‘Armed Forces’ means the Army, Navy, Air Force, and Marine Corps. ‘‘(2) The terms ‘covered beneficiary’ and ‘dependent’ have the meanings given those terms in section 1072 of title 10, United States Code. ‘‘(3) The term ‘department’ has the meaning given that term in section 101(a)(6) of title 10, United States Code. ‘‘(4) The term ‘military installation’ has the mean- ing given that term by the Secretary concerned. ‘‘(5) The term ‘Secretary concerned’ means— ‘‘(A) the Secretary of the Army, with respect to matters concerning the Army; ‘‘(B) the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and ‘‘(C) the Secretary of the Air Force, with respect to matters concerning the Air Force. ‘‘(6) The term ‘sexual assault’ has the definition de- veloped for that term by the Secretary of Defense pursuant to subsection (a)(3) of section 577 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 113 note) [now set out below], subject to such modi- fications as the Secretary considers appropriate. ‘‘SEC. 1602. COMPREHENSIVE DEPARTMENT OF DE- FENSE POLICY ON SEXUAL ASSAULT PREVEN- TION AND RESPONSE PROGRAM. ‘‘(a) COMPREHENSIVE POLICY REQUIRED.—Not later than March 30, 2012, the Secretary of Defense shall sub- mit to the congressional defense committees [Commit- tees on Armed Services and Appropriations of the Sen- ate and the House of Representatives] a revised com- prehensive policy for the Department of Defense sexual assault prevention and response program that— ‘‘(1) builds upon the comprehensive sexual assault prevention and response policy developed under sub- sections (a) and (b) of section 577 of the Ronald W. Reagan National Defense Authorization Act for Fis- cal Year 2005 (Public Law 108–375; 10 U.S.C. 113 note) [now set out below]; ‘‘(2) incorporates into the sexual assault prevention and response program the new requirements identi- fied by this title; and ‘‘(3) ensures that the policies and procedures of the military departments regarding sexual assault pre- vention and response are consistent with the revised comprehensive policy. ‘‘(b) CONSIDERATION OF TASK FORCE FINDINGS, REC- OMMENDATIONS, AND PRACTICES.—In developing the comprehensive policy required by subsection (a), the Secretary of Defense shall take into account the find- ings and recommendations found in the report of the Defense Task Force on Sexual Assault in the Military Services issued in December 2009. ‘‘(c) SEXUAL ASSAULT PREVENTION AND RESPONSE EVALUATION PLAN.— ‘‘(1) PLAN REQUIRED.—The Secretary of Defense shall develop and implement an evaluation plan for assessing the effectiveness of the comprehensive pol- icy prepared under subsection (a) in achieving its in- tended outcomes at the department and individual Armed Force levels. ‘‘(2) ROLE OF SERVICE SECRETARIES.—As a compo- nent of the evaluation plan, the Secretary of each military department shall assess the adequacy of measures undertaken at military installations and by units of the Armed Forces under the jurisdiction of the Secretary to ensure the safest and most secure living and working environments with regard to pre- venting sexual assault. ‘‘(d) PROGRESS REPORT.—Not later than October 1, 2011, the Secretary of Defense shall submit to the con- gressional defense committees a report— ‘‘(1) describing the process by which the comprehen- sive policy required by subsection (a) is being revised; ‘‘(2) describing the extent to which revisions of the comprehensive policy and the evaluation plan re- quired by subsection (c) have already been imple- mented; and ‘‘(3) containing a determination by the Secretary regarding whether the Secretary will be able to com- ply with the revision deadline specified in subsection (a). ‘‘(e) CONSISTENCY OF TERMINOLOGY, POSITION DESCRIP- TIONS, PROGRAM STANDARDS, AND ORGANIZATIONAL STRUCTURES.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall re- quire the use of consistent terminology, position de- scriptions, minimum program standards, and organi- zational structures throughout the Armed Forces in implementing the sexual assault prevention and re- sponse program. ‘‘(2) MINIMUM STANDARDS.—The Secretary of De- fense shall establish minimum standards for— ‘‘(A) the qualifications necessary for a member of the Armed Forces or a civilian employee of the De- partment of Defense to be selected for assignment to duty as a Sexual Assault Response and Preven- tion Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim Advocate, whether assigned to such duty on a full-time or part-time basis; ‘‘(B) consistent with section 584(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note; 125 Stat. 1433), the training, certification, and status of members of the Armed Forces and civilian employ- ees of the department assigned to duty as Sexual Assault Response and Prevention Program Man- agers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for the Armed Forces; and ‘‘(C) the curricula to be used to provide sexual as- sault prevention and response training and edu- cation for members of the Armed Forces and civil- ian employees of the department to strengthen in- dividual knowledge, skills, and capacity to prevent and respond to sexual assault. ‘‘(3) RECOGNIZING OPERATIONAL DIFFERENCES.—In complying with this subsection, the Secretary of De- fense shall take into account the responsibilities of the Secretary concerned and operational needs of the Armed Force involved. ‘‘SUBTITLE A—ORGANIZATIONAL STRUCTURE AND APPLI- CATION OF SEXUAL ASSAULT PREVENTION AND RE- SPONSE PROGRAM ELEMENTS ‘‘SEC. 1611. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE. ‘‘(a) APPOINTMENT OF DIRECTOR.—There shall be a Di- rector of the Sexual Assault Prevention and Response Office, who shall be appointed from among general or flag officers of the Armed Forces or employees of the Department of Defense in a comparable Senior Execu- tive Service position. During the development and im- plementation of the comprehensive policy for the De- partment of Defense sexual assault prevention and re- sponse program, the Director shall operate under the oversight of the Advisory Working Group of the Deputy Secretary of Defense. ‘‘(b) DUTIES OF DIRECTOR.—The Director of the Sexual Assault Prevention and Response Office shall— ‘‘(1) oversee implementation of the comprehensive policy for the Department of Defense sexual assault prevention and response program; ‘‘(2) serve as the single point of authority, account- ability, and oversight for the sexual assault preven- tion and response program; ‘‘(3) provide oversight to ensure that the military departments comply with the sexual assault preven- tion and response program; ‘‘(4) collect and maintain data of the military de- partments on sexual assault in accordance with sub- section (e); Page 1468 TITLE 10—ARMED FORCES § 1561 ‘‘(5) act as liaison between the Department of De- fense and other Federal and State agencies on pro- grams and efforts relating to sexual assault preven- tion and response; and ‘‘(6) oversee development of strategic program guid- ance and joint planning objectives for resources in support of the sexual assault prevention and response program, and make recommendations on modifica- tions to policy, law, and regulations needed to ensure the continuing availability of such resources. ‘‘(c) ROLE OF INSPECTORS GENERAL.— ‘‘(1) IN GENERAL.—The Inspector General of the De- partment of Defense, the Inspector General of the Army, the Naval Inspector General, and the Inspector General of the Air Force shall treat the sexual as- sault prevention and response program as an item of special interest when conducting inspections of orga- nizations and activities with responsibilities regard- ing the prevention and response to sexual assault. ‘‘(2) COMPOSITION OF INVESTIGATION TEAMS.—The In- spector General inspection teams shall include at least one member with expertise and knowledge of sexual assault prevention and response policies re- lated to a specific Armed Force. ‘‘(d) STAFF.— ‘‘(1) ASSIGNMENT.—Not later than 18 months after the date of the enactment of this Act [Jan. 7, 2011], an officer from each of the Armed Forces in the grade of O–4 or above shall be assigned to the Sexual Assault Prevention and Response Office for a minimum tour length of at least 18 months. ‘‘(2) HIGHER GRADE.—Notwithstanding paragraph (1), of the four officers assigned to the Sexual Assault Prevention and Response Office under this subsection at any time, one officer shall be in the grade of O–6 or above. ‘‘(e) DATA COLLECTION AND MAINTENANCE METRICS.— In carrying out the requirements of subsection (b)(4), the Director of the Sexual Assault Prevention and Re- sponse Office shall develop metrics to measure the ef- fectiveness of, and compliance with, training and awareness objectives of the military departments on sexual assault prevention and response. ‘‘SEC. 1612. OVERSIGHT AND EVALUATION STAND- ARDS. ‘‘(a) ISSUANCE OF STANDARDS.—The Secretary of De- fense shall issue standards to assess and evaluate the effectiveness of the sexual assault prevention and re- sponse program of each Armed Force in reducing the number of sexual assaults involving members of the Armed Forces and in improving the response of the de- partment to reports of sexual assaults involving mem- bers of the Armed Forces, whether members of the Armed Forces are the victim, alleged assailant, or both. ‘‘(b) SEXUAL ASSAULT PREVENTION EVALUATION PLAN.—The Secretary of Defense shall use the sexual assault prevention and response evaluation plan devel- oped under section 1602(c) to ensure that the Armed Forces implement and comply with assessment and evaluation standards issued under subsection (a). ‘‘SEC. 1613. REPORT AND PLAN FOR COMPLETION OF ACQUISITION OF CENTRALIZED DEPART- MENT OF DEFENSE SEXUAL ASSAULT DATA- BASE. ‘‘(a) REPORT AND PLAN REQUIRED.—Not later than April 1, 2011, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report— ‘‘(1) describing the status of development and im- plementation of the centralized Department of De- fense sexual assault database required by section 563 of the Duncan Hunter National Defense Authoriza- tion Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4470; 10 U.S.C. 113 note) [now set out below]; ‘‘(2) containing a revised implementation plan under subsection (c) of such section for completing implementation of the database; and ‘‘(3) indicating the date by which the database will be operational. ‘‘(b) CONTENT OF IMPLEMENTATION PLAN.—The plan re- ferred to in subsection (a)(2) shall address acquisition best practices associated with successfully acquiring and deploying information technology systems related to the centralized sexual assault database, such as eco- nomically justifying the proposed system solution and effectively developing and managing requirements. ‘‘SEC. 1614. RESTRICTED REPORTING OF SEXUAL ASSAULTS. ‘‘The Secretary of Defense shall clarify the limita- tions on the ability of a member of the Armed Forces to make a restricted report regarding the occurrence of a sexual assault and the circumstances under which in- formation contained in a restricted report may no longer be confidential. ‘‘SUBTITLE B—IMPROVED AND EXPANDED AVAILABILITY OF SERVICES ‘‘SEC. 1621. IMPROVED PROTOCOLS FOR PROVIDING MEDICAL CARE FOR VICTIMS OF SEXUAL AS- SAULT. ‘‘The Secretary of Defense shall establish comprehen- sive and consistent protocols for providing and docu- menting medical care to a member of the Armed Forces or covered beneficiary who is a victim of a sexual as- sault, including protocols with respect to the appro- priate screening, prevention, and mitigation of dis- eases. In establishing the protocols, the Secretary shall take into consideration the gender of the victim. ‘‘SEC. 1622. SEXUAL ASSAULT VICTIMS ACCESS TO VICTIM ADVOCATE SERVICES. ‘‘(a) AVAILABILITY OF VICTIM ADVOCATE SERVICES.— ‘‘(1) AVAILABILITY.—A member of the Armed Forces or a dependent, as described in paragraph (2), who is the victim of a sexual assault is entitled to assistance provided by a qualified Sexual Assault Victim Advo- cate. ‘‘(2) COVERED DEPENDENTS.—The assistance de- scribed in paragraph (1) is available to a dependent of a member of the Armed Forces who is the victim of a sexual assault and who resides on or in the vicinity of a military installation. The Secretary concerned shall define the term ‘‘vicinity’’ for purposes of this paragraph. ‘‘(b) NOTICE OF AVAILABILITY OF ASSISTANCE; OPT OUT.—The member or dependent shall be informed of the availability of assistance under subsection (a) as soon as the member or dependent seeks assistance from a Sexual Assault Response Coordinator. The victim shall also be informed that the services of a Sexual As- sault Response Coordinator and Sexual Assault Victim Advocate are optional and that these services may be declined, in whole or in part, at any time. ‘‘(c) NATURE OF REPORTING IMMATERIAL.—In the case of a member of the Armed Forces, Victim Advocate services are available regardless of whether the mem- ber elects unrestricted or restricted (confidential) re- porting of the sexual assault. ‘‘SUBTITLE C—REPORTING REQUIREMENTS ‘‘SEC. 1631. ANNUAL REPORT REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES AND IMPROVEMENT TO SEX- UAL ASSAULT PREVENTION AND RESPONSE PROGRAM. ‘‘(a) ANNUAL REPORTS ON SEXUAL ASSAULTS.—Not later than March 1, 2012, and each March 1 thereafter through March 1, 2026, the Secretary of each military department shall submit to the Secretary of Defense a report on the sexual assaults involving members of the Armed Forces under the jurisdiction of that Secretary during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. ‘‘(b) CONTENTS.—The report of a Secretary of a mili- tary department for an Armed Force under subsection (a) shall contain the following: ‘‘(1) The number of sexual assaults committed against members of the Armed Force that were re- Page 1469 TITLE 10—ARMED FORCES § 1561 ported to military officials during the year covered by the report, and the number of the cases so re- ported that were substantiated. ‘‘(2) The number of sexual assaults committed by members of the Armed Force that were reported to military officials during the year covered by the re- port, and the number of the cases so reported that were substantiated. The information required by this paragraph may not be combined with the information required by paragraph (1). ‘‘(3) A synopsis of each such substantiated case, or- ganized by offense, and, for each such case, the action taken in the case, including 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 admin- istrative separations. ‘‘(4) The policies, procedures, and processes imple- mented by the Secretary concerned during the year covered by the report in response to incidents of sex- ual assault involving members of the Armed Force concerned. ‘‘(5) The number of substantiated sexual assault cases in which the victim is a deployed member of the Armed Forces and the assailant is a foreign na- tional, and the policies, procedures, and processes im- plemented by the Secretary concerned to monitor the investigative processes and disposition of such cases and any actions taken to eliminate any gaps in inves- tigating and adjudicating such cases. ‘‘(6) A description of the implementation of the ac- cessibility plan implemented pursuant to section 596(b) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 1561 note), including a description of the steps taken dur- ing that year to ensure that trained personnel, appro- priate supplies, and transportation resources are ac- cessible to deployed units in order to provide an ap- propriate and timely response in any case of reported sexual assault in a deployed unit, location, or envi- ronment. ‘‘(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 the application was denied. ‘‘(8) An analysis and assessment of trends in the in- cidence, disposition, and prosecution of sexual as- saults by units, commands, and installations during the year covered by the report, including trends re- lating to prevalence of incidents, prosecution of inci- dents, and avoidance of incidents. ‘‘(9) An assessment of the adequacy of sexual as- sault 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, 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. ‘‘(11) An analysis of the disposition of the most seri- ous offenses occurring during sexual assaults com- mitted by members of the Armed Force during the year covered by the report, as identified in unre- stricted reports of sexual assault by any members of the Armed Forces, including the numbers of reports identifying offenses that were disposed of by each of the following: ‘‘(A) Conviction by court-martial, including a sep- arate statement of the most serious charge pre- ferred and the most serious charge for which con- victed. ‘‘(B) Acquittal of all charges at court-martial. ‘‘(C) Non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uni- form Code of Military Justice). ‘‘(D) Administrative action, including by each type of administrative action imposed. ‘‘(E) Dismissal of all charges, including by reason for dismissal and by stage of proceedings in which dismissal occurred. ‘‘(12) Information on each claim of retaliation in connection with a report of sexual assault in the Armed Force made by or against a member of such Armed Force as follows: ‘‘(A) A narrative description of each complaint. ‘‘(B) The nature of such complaint, including whether the complainant claims professional or so- cial retaliation. ‘‘(C) The gender of the complainant. ‘‘(D) The gender of the individual claimed to have committed the retaliation. ‘‘(E) The nature of the relationship between the complainant and the individual claimed to have committed the retaliation. ‘‘(F) The nature of the relationship, if any, be- tween the individual alleged to have committed the sexual assault concerned and the individual claimed to have committed the retaliation. ‘‘(G) The official or office that received the com- plaint. ‘‘(H) The organization that investigated or is in- vestigating the complaint. ‘‘(I) The current status of the investigation. ‘‘(J) If the investigation is complete, a descrip- tion of the results of the investigation, including whether the results of the investigation were pro- vided to the complainant. ‘‘(K) If the investigation determined that retalia- tion occurred, whether the retaliation was an of- fense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). ‘‘(13) Information and data collected through for- mal and informal reports of sexual harassment in- volving members of the Armed Forces during the year covered by the report, as follows: ‘‘(A) The number of substantiated and unsubstan- tiated reports. ‘‘(B) A synopsis of each substantiated report. ‘‘(C) The action taken in the case of each substan- tiated report, including the type of disciplinary or administrative sanction imposed, if any, such as— ‘‘(i) conviction and sentence by court-martial; ‘‘(ii) imposition of non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Jus- tice); or ‘‘(iii) administrative separation or other type of administrative action imposed. ‘‘(14) Information and data collected during the year covered by the report on each reported incident involving the nonconsensual distribution by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), of a private sexual image of another person, including the fol- lowing: ‘‘(A) The number of substantiated and unsubstan- tiated reports. ‘‘(B) A synopsis of each substantiated report. ‘‘(C) The action taken in the case of each substan- tiated report, including the type of disciplinary or administrative sanction imposed, if any, such as— ‘‘(i) conviction and sentence by court-martial; ‘‘(ii) imposition of non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Jus- tice); or ‘‘(iii) administrative separation or other type of administrative action imposed. ‘‘(c) CONSISTENT DEFINITION OF SUBSTANTIATED.—Not later than December 31, 2011, the Secretary of Defense shall establish a consistent definition of ‘substantiated’ Page 1470 TITLE 10—ARMED FORCES § 1561 for purposes of paragraphs (1), (2), (3), and (5) of sub- section (b) and provide synopses for those cases for the preparation of reports under this section. ‘‘(d) SUBMISSION TO CONGRESS.—Not later than April 30 of each year in which the Secretary of Defense re- ceives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and House of Representa- tives and the Committees on Veterans’ Affairs of the Senate and the House of Representatives, together with— ‘‘(1) the results of assessments conducted under the evaluation plan required by section 1602(c); ‘‘(2) an assessment of the information submitted to the Secretary pursuant to subsection (b)(11); and ‘‘(3) such other assessments on the reports as the Secretary of Defense considers appropriate. ‘‘(e) REPEAL OF SUPERSEDED REPORTING REQUIRE- MENT.— ‘‘(1) [Amended section 577 of Pub. L. 108–375, set out below.] ‘‘(2) SUBMISSION OF 2010 REPORT.—The reports re- quired by subsection (f) of section 577 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 113 note) [now set out below] covering calendar year 2010 are still required to be submitted to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives pursuant to the terms of such subsection, as in effect before the date of the enactment of this Act [Jan. 7, 2011]. ‘‘(f) ADDITIONAL DETAILS FOR CASE SYNOPSES PORTION OF REPORT.—The Secretary of each military depart- ment shall include in the case synopses portion of each report described in subsection (b)(3) the following addi- tional information: ‘‘(1) If charges are dismissed following an investiga- tion conducted under section 832 of title 10, United States Code (article 32 of the Uniform Code of Mili- tary Justice), the case synopsis shall include the rea- son for the dismissal of the charges. ‘‘(2) If the case synopsis states that a member of the Armed Forces accused of committing a sexual as- sault was administratively separated or, in the case of an officer, allowed to resign in lieu of facing a court-martial, the case synopsis shall include the characterization (honorable, general, or other than honorable) given the service of the member upon sep- aration. ‘‘(3) The case synopsis shall indicate whether a member of the Armed Forces accused of committing a sexual assault was ever previously accused of a sub- stantiated sexual assault or was admitted to the Armed Forces under a moral waiver granted with re- spect to prior sexual misconduct. ‘‘(4) The case synopsis shall indicate the branch of the Armed Forces of each member accused of com- mitting a sexual assault and the branch of the Armed Forces of each member who is a victim of a sexual as- sault. ‘‘(5) If the case disposition includes non-judicial punishment, the case synopsis shall explicitly state the nature of the punishment. ‘‘(6) The case synopsis shall indicate whether alco- hol was involved in any way in a substantiated sexual assault incident. ‘‘(g) COORDINATION OF RELEASE DATE BETWEEN AN- NUAL REPORTS REGARDING SEXUAL ASSAULTS AND FAM- ILY ADVOCACY REPORT.—The Secretary of Defense shall ensure that the reports required under subsection (a) for a given year are delivered to the Committees on Armed Services of the Senate and House of Representa- tives simultaneously with the Family Advocacy Pro- gram report for that year regarding child abuse and do- mestic violence, as required by section 574 of the Na- tional Defense Authorization Act for Fiscal Year 2017 [Pub. L. 114–328, 130 Stat. 2141]. ‘‘SEC. 1632. ADDITIONAL REPORTS. ‘‘(a) EXTENSION OF SEXUAL ASSAULT PREVENTION AND RESPONSE SERVICES TO ADDITIONAL PERSONS.—The Sec- retary of Defense shall evaluate the feasibility of ex- tending department sexual assault prevention and re- sponse services to Department of Defense civilian em- ployees and employees of defense contractors who— ‘‘(1) are victims of a sexual assault; and ‘‘(2) work on or in the vicinity of a military instal- lation or with members of the Armed Forces. ‘‘(b) EXTENSION OF SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM TO RESERVE COMPONENTS.—The Secretary of Defense shall evaluate the application of the sexual assault prevention and response program to members of the reserve components, including, at a minimum, the following: ‘‘(1) The ability of members of the reserve compo- nents to access the services available under the sex- ual assault prevention and response program, includ- ing policies and programs of a specific military de- partment or Armed Force. ‘‘(2) The quality of training provided to Sexual As- sault Response Coordinators and Sexual Assault Vic- tim Advocates in the reserve components. ‘‘(3) The degree to which the services available for regular and reserve members under the sexual assault prevention and response program are integrated. ‘‘(4) Such recommendations as the Secretary of De- fense considers appropriate on how to improve the services available for reserve members under the sex- ual assault prevention and response program and their access to the services. ‘‘(c) COPY OF RECORD OF COURT-MARTIAL TO VICTIM OF SEXUAL ASSAULT.—The Secretary of Defense shall evaluate the feasibility of requiring that a copy of the prepared record of the proceedings of a general or spe- cial court-martial involving a sexual assault be given to the victim in cases in which the victim testified dur- ing the proceedings. ‘‘(d) ACCESS TO LEGAL ASSISTANCE.—The Secretary of Defense shall evaluate the feasibility of authorizing members of the Armed Forces who are victims of a sex- ual assault and dependents of members who are victims of a sexual assault to receive legal assistance provided by a military legal assistance counsel certified as com- petent to provide legal assistance related to responding to sexual assault. ‘‘(e) USE OF FORENSIC MEDICAL EXAMINERS.—The Sec- retary of Defense shall evaluate the feasibility of uti- lizing, when sexual assaults involving members of the Armed Forces occur in a military environment where civilian resources are limited or unavailable, forensic medical examiners who are specially trained regarding the collection and preservation of evidence in cases in- volving sexual assault. ‘‘(f) SUBMISSION OF RESULTS.—The Secretary of De- fense shall submit the results of the evaluations re- quired by this section to the Committees on Armed Services of the Senate and House of Representatives.’’ [Pub. L. 116–283, div. A, title V, § 537(b), Jan. 1, 2021, 134 Stat. 3605, provided that: ‘‘The amendment made by subsection (a) [amending section 1631 of Pub. L. 111–383, set out above] shall take effect on the date of the en- actment of this Act [Jan. 1, 2021] and shall apply to re- ports required to be submitted under such section on or after such date.’’] [Pub. L. 115–91, div. A, title V, § 537(b), Dec. 12, 2017, 131 Stat. 1393, provided that: ‘‘The amendment made by this section [amending section 1631 of Pub. L. 111–383, set out above] shall take effect on the date of the en- actment of this Act [Dec. 12, 2017] and apply beginning with the reports required to be submitted by March 1, 2020, under section 1631 of the Ike Skelton National De- fense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note).’’] [Pub. L. 113–291, div. A, title V, § 542(c), Dec. 19, 2014, 128 Stat. 3373, provided that: ‘‘The amendments made by this section [amending section 1631 of Pub. L. 111–383, set out above] shall take effect on the date of the enactment of this Act [Dec. 19, 2014] and apply be- ginning with the report regarding sexual assaults in- volving members of the Armed Forces required to be submitted by March 1, 2015, under section 1631 of the Page 1471 TITLE 10—ARMED FORCES § 1561 Ike Skelton National Defense Authorization Act for Fiscal Year 2011 [Pub. L. 111–383].’’] [Pub. L. 112–239, div. A, title V, § 575(c), Jan. 2, 2013, 126 Stat. 1758. provided that: ‘‘The amendments made by this section [amending section 1631 of Pub. L. 111–383, set out above] shall apply beginning with the report regarding sexual assaults involving members of the Armed Forces required to be submitted by March 1, 2014, under section 1631 of the Ike Skelton National De- fense Authorization Act for Fiscal Year 2011 [Pub. L. 111–383].’’] [For termination, effective Dec. 31, 2021, of annual re- porting provisions in section 1631(d) of Pub. L. 111–383, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.] DEFENSE INCIDENT-BASED REPORTING SYSTEM AND DEFENSE SEXUAL ASSAULT INCIDENT DATABASE Pub. L. 111–84, div. A, title V, § 598, Oct. 28, 2009, 123 Stat. 2345, provided that: ‘‘Not later than 120 days after the date of the enactment of this Act [Oct. 28, 2009], and every six months thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing the progress of the Secretary with respect to the completion of the following: ‘‘(1) The Defense Incident-Based Reporting System. ‘‘(2) The Defense Sexual Assault Incident Data- base.’’ Pub. L. 110–417, [div. A], title V, § 563(a)–(d), Oct. 14, 2008, 122 Stat. 4470, 4471, as amended by Pub. L. 115–232, div. A, title VIII, § 809(b)(3), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–283, div. A, title X, § 1081(d)(3), Jan. 1, 2021, 134 Stat. 3874, provided that: ‘‘(a) DATABASE REQUIRED.—The Secretary of Defense shall implement a centralized, case-level database for the collection, in a manner consistent with Department of Defense regulations for restricted reporting, and maintenance of information regarding sexual assaults involving a member of the Armed Forces, including in- formation, if available, about the nature of the assault, the victim, the offender, and the outcome of any legal proceedings in connection with the assault. ‘‘(b) AVAILABILITY OF DATABASE.—The database re- quired by subsection (a) shall be available to personnel of the Sexual Assault Prevention and Response Office of the Department of Defense. ‘‘(c) IMPLEMENTATION.— ‘‘(1) PLAN FOR IMPLEMENTATION.—Not later than 90 days after the date of the enactment of this Act [Oct. 14, 2008], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan to provide for the implementation of the database required by sub- section (a). ‘‘(2) RELATION TO DEFENSE INCIDENT-BASED REPORT- ING SYSTEM.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report con- taining— ‘‘(A) a description of the current status of the De- fense Incident-Based Reporting System; and ‘‘(B) an explanation of how the Defense Incident- Based Reporting System will relate to the database required by subsection (a). ‘‘(3) COMPLETION.—Not later than 15 months after the date of enactment of this Act, the Secretary shall complete implementation of the database required by subsection (a). ‘‘(d) REPORTS.—The database required by subsection (a) shall be used to develop and implement congres- sional reports, as required by— ‘‘(1) section 577(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Pub- lic Law 108–375) [set out below]; ‘‘(2) section 596(c) of the National Defense Author- ization Act for Fiscal Year 2006 (Public Law 109–163) [amending Pub. L. 108–375, § 577, set out below]; ‘‘(3) section 532 of the John Warner National De- fense Authorization Act for Fiscal Year 2007 (Public Law 109–364) [enacting sections 4361, 6980, and 9361 of this title and provisions set out as a note under sec- tion 4361 of this title and repealing provisions set out as a note under section 4331 of this title]; and ‘‘(4) sections 7461, 8480, and 9461 of title 10, United States Code.’’ IMPROVEMENT TO DEPARTMENT OF DEFENSE CAPACITY TO RESPOND TO SEXUAL ASSAULT AFFECTING MEM- BERS OF THE ARMED FORCES Pub. L. 109–163, div. A, title V, § 596(a), (b), Jan. 6, 2006, 119 Stat. 3282, provided that: ‘‘(a) PLAN FOR SYSTEM TO TRACK CASES IN WHICH CARE OR PROSECUTION HINDERED BY LACK OF AVAILABILITY.— ‘‘(1) PLAN REQUIRED.—The Secretary of Defense shall develop and implement a system to track cases under the jurisdiction of the Department of Defense in which care to a victim of rape or sexual assault, or the investigation or prosecution of an alleged perpe- trator of rape or sexual assault, is hindered by the lack of availability of a rape kit or other needed sup- plies or by the lack of timely access to appropriate laboratory testing resources. ‘‘(2) SUBMITTAL TO CONGRESSIONAL COMMITTEES.— The Secretary shall submit the plan developed under paragraph (1) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 120 days after the date of the enactment of this Act [Jan. 6, 2006]. ‘‘(b) ACCESSIBILITY PLAN FOR DEPLOYED UNITS.— ‘‘(1) PLAN REQUIRED.—The Secretary of Defense shall develop and implement a plan for ensuring ac- cessibility and availability of supplies, trained per- sonnel, and transportation resources for responding to sexual assaults occurring in deployed units. The plan shall include the following: ‘‘(A) A plan for the training of personnel who are considered to be ‘first responders’ to sexual assaults (including criminal investigators, medical per- sonnel responsible for rape kit evidence collection, and victims advocates), such training to include current techniques on the processing of evidence, including rape kits, and on conducting investiga- tions. ‘‘(B) A plan for ensuring the availability at mili- tary hospitals of supplies needed for the treatment of victims of sexual assault who present at a mili- tary hospital, including rape kits, equipment for processing rape kits, and supplies for testing and treatment for sexually transmitted infections and diseases, including HIV, and for testing for preg- nancy. ‘‘(2) SUBMITTAL TO CONGRESSIONAL COMMITTEES.— The Secretary shall submit the plan developed under paragraph (1) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 120 days after the date of the enactment of this Act [Jan. 6, 2006].’’ DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON PREVENTION AND RESPONSE TO SEXUAL ASSAULTS IN- VOLVING MEMBERS OF THE ARMED FORCES Pub. L. 111–84, div. A, title V, § 567(c), Oct. 28, 2009, 123 Stat. 2314, provided that: ‘‘(1) REQUIREMENT FOR DATA COLLECTION.— ‘‘(A) IN GENERAL.—Pursuant to regulations pre- scribed by the Secretary of Defense, information shall be collected on— ‘‘(i) whether a military protective order was issued that involved either the victim or alleged perpetrator of a sexual assault; and ‘‘(ii) whether military protective orders involving members of the Armed Forces were violated in the course of substantiated incidents of sexual assaults against members of the Armed Forces. Page 1472 TITLE 10—ARMED FORCES § 1561 ‘‘(B) SUBMISSION OF DATA.—The data required to be collected under this subsection shall be included in the annual report submitted to Congress on sexual assaults involving members of the Armed Forces. ‘‘(2) INFORMATION TO MEMBERS.—Not later than 180 days after the date of the enactment of this Act [Oct. 28, 2009], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report explaining the meas- ures being taken to ensure that, when a military pro- tective order has been issued, the member of the Armed Forces who is protected by the order is informed, in a timely manner, of the member’s option to request transfer from the command to which the member is as- signed.’’ Pub. L. 108–375, div. A, title V, § 577, Oct. 28, 2004, 118 Stat. 1926, as amended by Pub. L. 109–163, div. A, title V, § 596(c), Jan. 6, 2006, 119 Stat. 3283; Pub. L. 109–364, div. A, title V, § 583, Oct. 17, 2006, 120 Stat. 2230; Pub. L. 110–417, [div. A], title V, § 563(e), Oct. 14, 2008, 122 Stat. 4471; Pub. L. 111–383, div. A, title X, § 1075(i)(1), title XVI, § 1631(e)(1), Jan. 7, 2011, 124 Stat. 4377, 4435, pro- vided that: ‘‘(a) COMPREHENSIVE POLICY ON PREVENTION AND RE- SPONSE TO SEXUAL ASSAULTS.—(1) Not later than Janu- ary 1, 2005, the Secretary of Defense shall develop a comprehensive policy for the Department of Defense on the prevention of and response to sexual assaults in- volving members of the Armed Forces. ‘‘(2) The policy shall be based on the recommenda- tions of the Department of Defense Task Force on Care for Victims of Sexual Assaults and on such other mat- ters as the Secretary considers appropriate. ‘‘(3) Before developing the comprehensive policy re- quired by paragraph (1), the Secretary of Defense shall develop a definition of sexual assault. The definition so developed shall be used in the comprehensive policy under paragraph (1) and otherwise within the Depart- ment of Defense and Coast Guard in matters involving members of the Armed Forces. The definition shall be uniform for all the Armed Forces and shall be devel- oped in consultation with the Secretaries of the mili- tary departments and the Secretary of Homeland Secu- rity with respect to the Coast Guard. ‘‘(b) ELEMENTS OF COMPREHENSIVE POLICY.—The com- prehensive policy developed under subsection (a) shall, at a minimum, address the following matters: ‘‘(1) Prevention measures. ‘‘(2) Education and training on prevention and re- sponse. ‘‘(3) Investigation of complaints by command and law enforcement personnel. ‘‘(4) Medical treatment of victims. ‘‘(5) Confidential reporting of incidents. ‘‘(6) Victim advocacy and intervention. ‘‘(7) Oversight by commanders of administrative and disciplinary actions in response to substantiated incidents of sexual assault. ‘‘(8) Disposition of victims of sexual assault, includ- ing review by appropriate authority of administrative separation actions involving victims of sexual as- sault. ‘‘(9) Disposition of members of the Armed Forces accused of sexual assault. ‘‘(10) Liaison and collaboration with civilian agen- cies on the provision of services to victims of sexual assault. ‘‘(11) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault. ‘‘(12) Implementation of clear, consistent, and streamlined sexual assault terminology for use throughout the Department of Defense. ‘‘(c) REPORT ON IMPROVEMENT OF CAPABILITY TO RE- SPOND TO SEXUAL ASSAULTS.—Not later than March 1, 2005, the Secretary of Defense shall submit to Congress a proposal for such legislation as the Secretary con- siders necessary to enhance the capability of the De- partment of Defense to address matters relating to sex- ual assaults involving members of the Armed Forces. ‘‘(d) APPLICATION OF COMPREHENSIVE POLICY TO MILI- TARY DEPARTMENTS.—The Secretary of Defense shall ensure that, to the maximum extent practicable, the policy developed under subsection (a) is implemented uniformly by the military departments. ‘‘(e) POLICIES AND PROCEDURES OF MILITARY DEPART- MENTS.—(1) Not later than March 1, 2005, the Secre- taries of the military departments shall prescribe regu- lations, or modify current regulations, on the policies and procedures of the military departments on the pre- vention of and response to sexual assaults involving members of the Armed Forces in order— ‘‘(A) to conform such policies and procedures to the policy developed under subsection (a); and ‘‘(B) to ensure that such policies and procedures in- clude the elements specified in paragraph (2). ‘‘(2) The elements specified in this paragraph are as follows: ‘‘(A) A program to promote awareness of the inci- dence of sexual assaults involving members of the Armed Forces. ‘‘(B) A program to provide victim advocacy and intervention for members of the Armed Force con- cerned who are victims of sexual assault, which pro- gram shall make available, at home stations and in deployed locations, trained advocates who are readily available to intervene on behalf of such victims. ‘‘(C) Procedures for members of the Armed Force concerned to follow in the case of an incident of sex- ual assault involving a member of such Armed Force, including— ‘‘(i) specification of the person or persons to whom the alleged offense should be reported; ‘‘(ii) specification of any other person whom the victim should contact; ‘‘(iii) procedures for the preservation of evidence; and ‘‘(iv) procedures for confidential reporting and for contacting victim advocates. ‘‘(D) Procedures for disciplinary action in cases of sexual assault by members of the Armed Force con- cerned. ‘‘(E) Other sanctions authorized to be imposed in substantiated cases of sexual assault, whether forc- ible or nonforcible, by members of the Armed Force concerned. ‘‘(F) Training on the policies and procedures for all members of the Armed Force concerned, including specific training for members of the Armed Force concerned who process allegations of sexual assault against members of such Armed Force. ‘‘(G) Any other matters that the Secretary of De- fense considers appropriate.’’ REPORTS Pub. L. 105–85, div. A, title V, § 591(b), Nov. 18, 1997, 111 Stat. 1762, required each officer receiving a complaint forwarded in accordance with subsec. (b) of this section during 1997 and 1998 to submit to the Secretary of the military department concerned a report on all such complaints and the investigations of such complaints not later than Jan. 1 of each of 1998 and 1999, required each Secretary receiving a report for a year to submit to the Secretary of Defense a report on all reports re- ceived not later than Mar. 1 of each of 1998 and 1999, and required the Secretary of Defense to transmit to Con- gress all reports received for the year together with the Secretary’s assessment of each report not later than Apr. 1 following receipt of a report for a year. DEPARTMENT OF DEFENSE POLICIES AND PROCEDURES ON DISCRIMINATION AND SEXUAL HARASSMENT Pub. L. 103–337, div. A, title V, § 532, Oct. 5, 1994, 108 Stat. 2759, provided that: ‘‘(a) REPORT OF TASK FORCE.—(1) The Department of Defense Task Force on Discrimination and Sexual Har- assment, constituted by the Secretary of Defense on March 15, 1994, shall transmit a report of its findings and recommendations to the Secretary of Defense not later than October 1, 1994. Page 1473 TITLE 10—ARMED FORCES § 1561a ‘‘(2) The Secretary shall transmit to Congress the re- port of the task force not later than October 10, 1994. ‘‘(b) SECRETARIAL REVIEW.—Not later than 45 days after receiving the report under subsection (a), the Sec- retary shall— ‘‘(1) review the recommendations for action con- tained in the report; ‘‘(2) determine which recommendations the Sec- retary approves for implementation and which rec- ommendations the Secretary disapproves; and ‘‘(3) submit to Congress a report that— ‘‘(A) identifies the approved recommendations and the disapproved recommendations; and ‘‘(B) explains the reasons for each such approval and disapproval. ‘‘(c) COMPREHENSIVE DOD POLICY.—(1) Based on the approved recommendations of the task force and such other factors as the Secretary considers appropriate, the Secretary shall develop a comprehensive Depart- ment of Defense policy for processing complaints of sexual harassment and discrimination involving mem- bers of the Armed Forces under the jurisdiction of the Secretary. ‘‘(2) The Secretary shall issue policy guidance for the implementation of the comprehensive policy and shall require the Secretaries of the military departments to prescribe regulations to implement that policy not later than March 1, 1995. ‘‘(3) The Secretary shall ensure that the policy is im- plemented uniformly by the military departments inso- far as practicable. ‘‘(4) Not later than March 31, 1995, the Secretary of Defense shall submit to Congress a proposal for any legislation necessary to enhance the capability of the Department of Defense to address the issues of unlaw- ful discrimination and sexual harassment. ‘‘(d) MILITARY DEPARTMENT POLICIES.—(1) The Sec- retary of the Navy and the Secretary of the Air Force shall review and revise the regulations of the Depart- ment of the Navy and the Department of the Air Force, respectively, relating to equal opportunity policy and procedures in that Department for the making of, and responding to, complaints of unlawful discrimination and sexual harassment in order to ensure that those regulations are substantially equivalent to the regula- tions of the Department of the Army on such matters. ‘‘(2) In revising regulations pursuant to paragraph (1), the Secretary of the Navy and the Secretary of the Air Force may make such additions and modifications as the Secretary of Defense determines appropriate to strengthen those regulations beyond the substantial equivalent of the Army regulations in accordance with— ‘‘(A) the approved recommendations of the Depart- ment of Defense Task Force on Discrimination and Sexual Harassment; and ‘‘(B) the experience of the Army, Navy, Air Force, and Marine Corps regarding equal opportunity cases. ‘‘(3) The Secretary of the Army shall review the regu- lations of the Department of the Army relating to equal opportunity policy and complaint procedures and revise the regulations as the Secretary of Defense con- siders appropriate to strengthen the regulations in ac- cordance with the recommendations and experience de- scribed in subparagraphs (A) and (B) of paragraph (2). ‘‘(e) REPORT OF ADVISORY BOARD.—(1) The Secretary of Defense shall direct the Advisory Board on the Inves- tigative Capability of the Department of Defense, es- tablished by the Secretary of Defense in November 1993, to include in its report to the Secretary (scheduled to be transmitted to the Secretary during December 1994)— ‘‘(A) the recommendations of the Advisory Board as to whether the current Department of Defense orga- nizational structure is adequate to oversee all inves- tigative matters related to unlawful discrimination, sexual harassment, and other misconduct related to the gender of the victim; and ‘‘(B) recommendations as to whether additional data collection and reporting procedures are needed to enhance the ability of the Department of Defense to respond to unlawful discrimination, sexual harass- ment, and other misconduct related to the gender of the victim. ‘‘(2) The Secretary shall transmit to Congress the re- port of the Advisory Board not later than 15 days after receiving the report. ‘‘(f) PERFORMANCE EVALUATION STANDARDS FOR MEM- BERS OF THE ARMED FORCES.—The Secretary of Defense shall ensure that Department of Defense regulations governing consideration of equal opportunity matters in evaluations of the performance of members of the Armed Forces include provisions requiring as a factor in such evaluations consideration of a member’s com- mitment to elimination of unlawful discrimination or of sexual harassment in the Armed Forces.’’ § 1561a. Civilian orders of protection: force and effect on military installations (a) FORCE AND EFFECT.—A civilian order of protection shall have the same force and effect on a military installation as such order has within the jurisdiction of the court that issued such order. (b) CIVILIAN ORDER OF PROTECTION DEFINED.— In this section, the term ‘‘civilian order of pro- tection’’ has the meaning given the term ‘‘pro- tection order’’ in section 2266(5) of title 18. (c) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. The regulations shall be designed to fur- ther good order and discipline by members of the armed forces and civilians present on mili- tary installations. (Added Pub. L. 107–311, § 2(a), Dec. 2, 2002, 116 Stat. 2455.) Statutory Notes and Related Subsidiaries POLICIES AND PROCEDURES ON REGISTRATION AT MILI- TARY INSTALLATIONS OF CIVILIAN PROTECTIVE OR- DERS APPLICABLE TO MEMBERS OF THE ARMED FORCES ASSIGNED TO SUCH INSTALLATIONS AND CER- TAIN OTHER INDIVIDUALS Pub. L. 116–92, div. A, title V, § 550A, Dec. 20, 2019, 133 Stat. 1380, provided that: ‘‘(a) POLICIES AND PROCEDURES REQUIRED.—Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall, in consultation with the Secretaries of the military de- partments, establish policies and procedures for the registration at military installations of any civilian protective orders described in subsection (b), including the duties and responsibilities of commanders of instal- lations in the registration process. ‘‘(b) CIVILIAN PROTECTIVE ORDERS.—A civilian protec- tive order described in this subsection is any civilian protective order as follows: ‘‘(1) A civilian protective order against a member of the Armed Forces assigned to the installation con- cerned. ‘‘(2) A civilian protective order against a civilian employee employed at the installation concerned. ‘‘(3) A civilian protective order against the civilian spouse or intimate partner of a member of the Armed Forces on active duty and assigned to the installa- tion concerned, or of a civilian employee described in paragraph (2), which order provides for the protection of such member or employee. ‘‘(c) PARTICULAR ELEMENTS.—The policies and proce- dures required by subsection (a) shall include the fol- lowing: ‘‘(1) A requirement for notice between and among the commander, military law enforcement elements, and military criminal investigative elements of an installation when a member of the Armed Forces as-