I Am Vanessa Guillen Act of 2020
This bill addresses the response of the Department of Defense to sex-related offenses committed against members of the Armed Forces, including allowing a member to confidentially allege a complaint of sexual harassment to an individual outside the immediate chain of command of that member.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8270 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8270
To amend title 10, United States Code, to improve the responses of the
Department of Defense to sex-related offenses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2020
Ms. Speier (for herself, Mr. Mullin, Ms. Garcia of Texas, Mr. Carter of
Texas, Ms. Escobar, Mr. Olson, Mr. Cisneros, Mr. Balderson, Mr. Crow,
Mr. Hurd of Texas, Mr. Kim, Mr. Castro of Texas, Ms. Pressley, Mr.
Doggett, Mr. Hastings, Mr. Malinowski, Mr. Vela, Ms. Norton, Mr. Beyer,
Mr. Cuellar, Mr. Garamendi, Mrs. Hayes, Ms. Gabbard, Ms. Ocasio-Cortez,
Ms. Haaland, Mrs. Carolyn B. Maloney of New York, Mr. Thompson of
California, Ms. Sherrill, Mr. Raskin, Mr. Brown of Maryland, Mr.
Gonzalez of Texas, Mr. McGovern, Ms. Roybal-Allard, Mr. Panetta, Ms.
Scanlon, Ms. Eshoo, Mrs. Trahan, Mr. Grijalva, Ms. Velazquez, Mr.
Sires, Mrs. Watson Coleman, Ms. Kuster of New Hampshire, Mr. Gallego,
Mr. Rose of New York, Mr. Veasey, Ms. Kendra S. Horn of Oklahoma, Ms.
Castor of Florida, Mr. Carson of Indiana, Ms. Pingree, Mr. Cardenas,
Ms. Lee of California, Mr. Welch, Mrs. Torres of California, Mr.
Khanna, Mr. Correa, Mrs. Dingell, Mr. O'Halleran, Ms. Spanberger, Mr.
Lynch, Mr. Larson of Connecticut, Mrs. Lesko, Ms. Jackson Lee, Mr.
Blumenauer, Mr. Garcia of Illinois, Mr. Courtney, Mrs. Lawrence, Ms.
Brownley of California, Ms. Frankel, Ms. Bonamici, Mr. Cooper, Mr.
Danny K. Davis of Illinois, Mr. Connolly, Ms. Moore, Ms. Wilson of
Florida, Ms. Clark of Massachusetts, Mr. Heck, Ms. Meng, Ms. Kaptur,
Mr. Lowenthal, Ms. Wild, Mr. Ruppersberger, Ms. McCollum, Mr. Takano,
Ms. Tlaib, Mr. Brendan F. Boyle of Pennsylvania, Mr. Evans, Ms.
Jayapal, Mr. Trone, Ms. DeLauro, Mr. Espaillat, Mr. Cox of California,
Ms. Wasserman Schultz, Mrs. Bustos, Ms. Adams, Mr. Higgins of New York,
Mr. Crist, Ms. Lofgren, Mr. Kildee, Mr. Ted Lieu of California, and Mr.
Brindisi) introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to improve the responses of the
Department of Defense to sex-related offenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``I am Vanessa Guillen Act of 2020''.
SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED TO TRIAL BY
COURT-MARTIAL ON CHARGES INVOLVING SEX-RELATED OFFENSES.
(a) Role of Office of the Chief Prosecutor in Determination To
Proceed to Trial on Charge Involving Sex-Related Offense.--
(1) Referral and determinations by office of the chief
prosecutor.--Section 834 of title 10, United States Code
(article 34 of the Uniform Code of Military Justice) is
amended--
(A) by redesignating subsection (d) as subsection
(e); and
(B) by inserting after the subsection (c) the
following new subsection (d):
``(d) Referral to Office of the Chief Prosecutor.--(1) In the case
of a charge relating to a sex-related offense, in addition to referring
the charge to the staff judge advocate under subsection (a), the
convening authority shall refer, as soon as reasonably practicable, the
charge to the Office of the Chief Prosecutor of the armed force of
which the accused is a member to make the determination required by
paragraph (3). The actions of the Office of the Chief Prosecutor under
this subsection whether or not to try charges by court-martial shall be
free of unlawful or unauthorized influence or coercion.
``(2) For purposes of this subsection, the term `sex-related
offense' means any of the following:
``(A) An offense covered by section 920, 920a, 920b, 920c,
or 920d of this title (article 120, 120a, 120b, 120c, or 120d).
``(B) A conspiracy to commit an offense specified in
subparagraph (A) as punishable under section 881 of this title
(article 81).
``(C) A solicitation to commit an offense specified in
subparagraph (A) as punishable under section 882 of this title
(article 82).
``(D) An attempt to commit an offense specified in
subparagraphs (A) through (C) as punishable under section 880
of this title (article 80).
``(3) The Office of the Chief Prosecutor shall make a determination
regarding whether a charge relating to a sex-related offense should be
referred to trial. If the Office of the Chief Prosecutor makes a
determination to try the charge by court-martial, the Office of the
Chief Prosecutor also shall determine whether to try the charge by a
general court-martial convened under section 822 of this title (article
22) or a special court-martial convened under section 823 of this title
(article 23).
``(4) A determination under paragraph (3) to try a charge relating
to a sex-related offense by court-martial shall include a determination
to try all known offenses, including lesser included offenses.
``(5) The determination to try a charge relating to a sex-related
offense by court-martial under paragraph (3), and by type of court-
martial, shall be binding on any applicable convening authority for a
trial by court-martial on the charge.
``(6) A determination under paragraph (3) not to proceed to trial
on a charge relating to a sex-related offense by general or special
court-martial shall not operate to terminate or otherwise alter the
authority of commanding officers to refer such charge for trial by
summary court-martial convened under section 824 of this title (article
24), or to impose non-judicial punishment in connection with the
conduct covered by the charge as authorized by section 815 of this
title (article 15).
``(7) Nothing in this subsection shall be construed to alter or
affect the disposition of charges under this chapter (the Uniform Code
of Military Justice) that allege an offense triable by court-martial
under this chapter for which the maximum punishment authorized under
this chapter includes confinement for one year or less.
``(8) This subsection does not apply to the Coast Guard when it is
not operating as a service in the Department of the Navy.''.
(2) Appointment of chief prosecutor.--For any Armed Force
(other than the Coast Guard) for which the position of Chief
Prosecutor does not exist as of the date of the enactment of
this Act, the Judge Advocate General of that Armed Force shall
establish the position of Chief Prosecutor and appoint as the
Chief Prosecutor a commissioned officer in the grade of O-6 or
above who has significant experience prosecuting sexual assault
trials by court-martial.
(b) Chief Prosecutor Authority To Convene Article 32 Preliminary
Hearings.--Section 832(a) of title 10, United States Code (article
32(a) of the Uniform Code of Military Justice), is amended by adding at
the end the following new paragraph:
``(3) The Office of the Chief Prosecutor of an armed force may
order a preliminary hearing under this section in the event of an
allegation of a sex-related offense (as defined in section 834(d)(2) of
this title (article 34(d)(2))) involving a member of that armed force.
This paragraph does not apply to the Coast Guard when it is not
operating as a service in the Department of the Navy.''.
(c) Modification of Officers Authorized To Convene General and
Special Courts-Martial.--
(1) In general.--Section 822(a) of title 10, United States
Code (article 22(a) of the Uniform Code of Military Justice) is
amended--
(A) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively; and
(B) by inserting after paragraph (7) the following
new paragraph (8):
``(8) the officers in the offices established pursuant to
section 546(c)(3) of the National Defense Authorization Act for
Fiscal Year 2016 or officers in the grade of O-6 or higher who
are assigned such responsibility by the Chief of Staff of the
Army, the Chief of Naval Operations, the Chief of Staff of the
Air Force, or the Commandant of the Marine Corps, but only with
respect to a sex-related offense (as defined in section
834(d)(2) of this title (article 34(d)(2)));''.
(2) No exercise by officers in chain of command of accused
or victim.--Section 822 of title 10, United States Code
(article 22 of the Uniform Code of Military Justice) is amended
by adding at the end the following new subsection:
``(c) An officer specified in subsection (a)(8) may not convene a
court-martial under this section if the officer is in the chain of
command of the accused or the victim.''.
(3) Offices of chiefs of staff on courts-martial.--
(A) Offices required.--The Chief of Staff of the
Army, the Chief of Naval Operations, the Chief of Staff
of the Air Force, or the Commandant of the Marine Corps
shall establish an office to do the following:
(i) To convene general and special courts-
martial under sections 822 and 823 of title 10,
United States Code (articles 22 and 23 of the
Uniform Code of Military Justice), pursuant to
paragraph (8) of section 822(a) of title 10,
United States Code (article 22(a) of the
Uniform Code of Military Justice), as amended
by paragraph (1), with respect to a sex-related
offense (as defined in section 834(d)(2) of
title 10, United States Code (article 34(d)(2)
of the Uniform Code of Military Justice)).
(ii) To detail under section 825 of title
10, United States Code (article 25 of the
Uniform Code of Military Justice), members of
courts-martial convened as described in clause
(i).
(B) Personnel.--The personnel of each office
established under subparagraph (A) shall consist of
such members of the Armed Forces and civilian personnel
of the Department of Defense as may be detailed or
assigned to the office by the Chief of Staff or
Commandant concerned. The members and personnel so
detailed or assigned, as the case may be, shall be
detailed or assigned from personnel billets in
existence on the date of the enactment of this Act.
(d) Implementation and Effective Date.--
(1) Funding source.--The Secretaries of the military
departments shall carry out subsections (a), (b), and (c) (and
the amendments made by such subsections) using funds
appropriated after the date of enactment of this Act and
otherwise available to the Secretary of the military department
concerned.
(2) Policies and procedures.--
(A) In general.--The Secretaries of the military
departments shall revise policies and procedures as
necessary to comply with this section.
(B) Uniformity.--The General Counsel of the
Department of Defense shall review the policies and
procedures revised under this paragraph in order to
ensure that any lack of uniformity in policies and
procedures, as so revised, among the military
departments does not render unconstitutional any policy
or procedure, as so revised.
(3) Manual for courts-martial.--The Secretary of Defense
shall recommend such changes to the Manual for Courts-Martial
as are necessary to ensure compliance with this section.
(4) Effective date and applicability.--The amendments made
by this section shall take effect on the first day of the first
month beginning after the 2-year period following the date of
the enactment of this Act, and shall apply with respect to
charges preferred under section 830 of title 10, United States
Code (article 30 of the Uniform Code of Military Justice), on
or after such effective date.
SEC. 3. PUNITIVE ARTICLE ON SEXUAL HARASSMENT AND RELATED INVESTIGATION
MATTERS.
(a) Punitive Article on Sexual Harassment.--
(1) In general.--Subchapter X of chapter 47, United States
Code (the Uniform Code of Military Justice), is amended by
inserting after section 920c (article 120c) the following new
section (article):
``Sec. 920d. Art. 120d. Sexual harassment
``(a) In General.--Any person subject to this chapter who commits
sexual harassment against another person shall be punished as a court-
martial may direct.
``(b) Sexual Harassment Defined.--
``(1) In this section term `sexual harassment' means
conduct that takes place in a circumstance described in
paragraph (2) that takes the form of--
``(A) a sexual advance;
``(B) a request for sexual favors; or
``(C) any other conduct of a sexual nature.
``(2) A circumstance described in this paragraph is a
situation in which--
``(A) submission to the conduct involved is made
either explicitly or implicitly a term or condition of
employment;
``(B) submission to or rejection of such conduct is
used as the basis for an employment decision affecting
an individual's employment; or
``(C) such conduct unreasonably alters an
individual's terms, conditions, or privileges of
employment, including by creating an intimidating
hostile, or offensive work environment, as determined
in accordance with paragraph (3).
``(3) In determining, for purposes of paragraph (2)(C),
whether conduct constitutes sexual harassment because the
conduct unreasonably alters an individual's terms, conditions,
or privileges of employment, including by creating an
intimidating, hostile, or offensive work environment, the
following rules shall apply:
``(A) The determination shall be made on the basis
of the record as a whole, according to the totality of
the circumstances. A single incident may constitute
sexual harassment.
``(B) Incidents that may be sexual harassment shall
be considered in the aggregate, with--
``(i) conduct of varying types (such as
expressions of sex-based hostility, requests
for sexual favors, and denial of employment
opportunities due to sexual orientation) viewed
in totality, rather than in isolation; and
``(ii) conduct based on multiple protected
characteristics (such as sex and race) viewed
in totality, rather than in isolation.
``(C) The factors specified in this subparagraph
are among the factors to be considered in determining
whether conduct constitutes sexual harassment and are
not meant to be exhaustive. No one of those factors
shall be considered to be determinative in establishing
whether conduct constitutes sexual harassment. Such
factors are each of the following:
``(i) The frequency of the conduct.
``(ii) The duration of the conduct.
``(iii) The location where the conduct
occurred.
``(iv) The number of individuals engaged in
the conduct.
``(v) The nature of the conduct, which may
include physical, verbal, pictorial, or visual
conduct, and conduct that occurs in person or
is transmitted, such as electronically.
``(vi) Whether the conduct is threatening.
``(vii) Any power differential between the
alleged harasser and the person allegedly
harassed.
``(viii) Any use of epithets, slurs, or
other conduct that is humiliating or degrading.
``(ix) Whether the conduct reflects
stereotypes about individuals in the protected
class involved.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 920c (article 120c) the following new
item:
``920d. 120d. Sexual harassment.''.
(b) Investigations of Sexual Harassment.--
(1) In general.--Section 1561 of title 10, United States
Code, is amended to read as follows:
``Sec. 1561. Complaints of sexual harassment: independent investigation
``(a) Action on Complaints Alleging Sexual Harassment.--A
commanding officer or officer in charge of a unit, vessel, facility, or
area of an armed force under the jurisdiction of the Secretary of a
military department, who receives, from a member of the command or a
member under the supervision of the officer, a formal complaint
alleging sexual harassment by a member of the armed forces shall, as
soon as practicable after such receipt, forward the complaint to an
independent investigator.
``(b) Commencement of Investigation.--To the extent practicable, an
independent investigator shall commence an investigation of a formal
complaint of sexual harassment not later than 72 hours after--
``(1) receiving a formal complaint of sexual harassment
forwarded by a commanding officer or officer in charge under
subsection (a); or
``(2) receiving a formal complaint of sexual harassment
directly from a member of the armed forces.
``(c) Duration of Investigation.--To the extent practicable, an
investigation under subsection (b) shall be completed not later than 14
days after the date on which the investigation commences.
``(d) Report on Command Investigation.--To the extent practicable,
an independent investigator who commences an investigation under
subsection (b) shall--
``(1) submit a final report on the results of the
investigation, including any action taken as a result of the
investigation, to the officer described in subsection (a) not
later than 20 days after the date on which the investigation
commenced; or
``(2) submit a report on the progress made in completing
the investigation to the officer described in subsection (a)
not later than 20 days after the date on which the
investigation commenced and every 14 days thereafter until the
investigation is completed and, upon completion of the
investigation, then submit a final report on the results of the
investigation, including any action taken as a result of the
investigation, to that officer.
``(e) Definitions.--In this section:
``(1) The term `formal complaint' means a complaint that an
individual files in writing and attests to the accuracy of the
information contained in the complaint.
``(2) The term `independent investigator' means a member of
the armed forces or employee of the Department of Defense--
``(A) who is outside the chain of command of the
complainant; and
``(B) whom the Secretary concerned determines is
trained in the investigation of sexual harassment.
``(3) The term `sexual harassment' has the meaning given
that term in section 920d(b) of this title (article 120d of the
Uniform Code of Military Justice).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of title 10, United States Code, is
amended by striking the item relating to section 1561 and
inserting the following new item:
``1561. Complaints of sexual harassment: independent investigation.''.
(3) Effective date.--The amendment to section 1561 of such
title made by this subsection shall--
(A) take effect on the day that is two years after
the date of the enactment of this Act; and
(B) apply to any investigation of a formal
complaint of sexual harassment (as those terms are
defined in such section, as amended) made on or after
that date.
(4) Report on implementation.--Not later than nine months
after the date of the enactment of this Act, each Secretary of
a military department shall submit to Congress a report on
preparation of that Secretary to implement the amendment to
section 1561 of such title made by this subsection.
SEC. 4. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT.
(a) Establishment.--Chapter 80 of title 10, United States Code, is
amended by inserting after section 1561a the following new section:
``Sec. 1561b. Confidential reporting of sexual harassment
``(a) Establishment.--Notwithstanding section 1561 of this title,
the Secretary of Defense shall prescribe regulations establishing a
process by which a member of an armed force under the jurisdiction of
the Secretary of a military department may confidentially allege a
complaint of sexual harassment to an individual outside the immediate
chain of command of that member.
``(b) Receipt of Complaint.--An individual designated to receive
complaints under subsection (a)--
``(1) shall maintain the confidentiality of the member
alleging the complaint;
``(2) shall provide to the member alleging the complaint
the option--
``(A) to file a formal or informal report of sexual
harassment; and
``(B) to include reports related to such complaint
in the Catch a Serial Offender Program; and
``(3) shall provide to the commander of the complainant a
report--
``(A) regarding the complaint; and
``(B) that does not contain any personally
identifiable information regarding the complainant.
``(c) Education; Tracking.--The Secretary of Defense shall educate
members under the jurisdiction of the Secretary of a military
department regarding the process established under this section and
track complaints alleged pursuant to such process.
``(d) Reporting.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
an annual report containing data (that does not contain any personally
identifiable information) relating to complaints alleged pursuant to
the process established under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1561b the following new item:
``1561b. Confidential reporting of sexual harassment.''.
(c) Implementation.--The Secretary shall carry out section 1561b of
title 10, United States Code, as added by subsection (a), not later
than one year after the date of the enactment of this Act.
SEC. 5. AUTHORIZATION OF CLAIMS BY MEMBERS OF THE ARMED FORCES AGAINST
THE UNITED STATES THAT ARISE FROM SEX-RELATED OFFENSES.
(a) Establishment.--
(1) In general.--Chapter 163 of title 10, United States
Code, is amended by inserting after section 2733a the following
new section:
``Sec. 2733b. Claims arising from sex-related offenses
``(a) In General.--Consistent with this section and under such
regulations as the Secretary of Defense shall prescribe under
subsection (d), the Secretary may allow, settle, and pay a claim
against the United States for personal injury or death of a claimant
arising from--
``(1) a sex-related offense committed by a covered
individual;
``(2) the negligent failure to prevent a sex-related
offense committed by a covered individual; or
``(3) the negligent failure to investigate a sex-related
offense committed by a covered individual.
``(b) Requirement for Claims.--A claim may be allowed, settled, and
paid under subsection (a) only if--
``(1) the claim is filed by the claimant who is the victim
of the sex-related offense, or by an authorized representative
on behalf of such claimant who is deceased or otherwise unable
to file the claim due to incapacitation;
``(2) the claimant was a member of an armed force under the
jurisdiction of the Secretary of a military department at the
time of the sex-related offense;
``(3) the claim is presented to the Department in writing
within two years after the claim accrues;
``(4) the claim is not allowed to be settled and paid under
any other provision of law; and
``(5) the claim is substantiated as prescribed in
regulations prescribed by the Secretary of Defense under
subsection (d).
``(c) Payment of Claims.--(1) If the Secretary of Defense
determines, pursuant to regulations prescribed by the Secretary under
subsection (d), that a claim under this section in excess of $100,000
is meritorious, and the claim is otherwise payable under this section,
the Secretary may pay the claimant $100,000 and report any meritorious
amount in excess of $100,000 to the Secretary of the Treasury for
payment under section 1304 of title 31.
``(2) Except as provided in paragraph (1), no claim may be paid
under this section unless the amount tendered is accepted by the
claimant in full satisfaction.
``(d) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to implement this section.
``(2) Regulations prescribed by the Secretary under paragraph (1)
shall include the following:
``(A) Policies and procedures to ensure the timely,
efficient, and effective processing and administration of
claims under this section, including--
``(i) the filing, receipt, investigation, and
evaluation of a claim;
``(ii) the negotiation, settlement, and payment of
a claim; and
``(iii) such other matters relating to the
processing and administration of a claim, including an
administrative appeals process, as the Secretary
considers appropriate.
``(B) Uniform standards consistent with generally accepted
standards used in a majority of States in adjudicating claims
under chapter 171 of title 28 (commonly known as the `Federal
Tort Claims Act') to be applied to the evaluation, settlement,
and payment of claims under this section without regard to the
place of occurrence of the sex-related offense giving rise to
the claim or the military department of the covered individual,
and without regard to foreign law in the case of claims arising
in foreign countries, including uniform standards to be applied
to determinations with respect to--
``(i) whether an act or omission by a covered
individual was negligent or wrongful, considering the
specific facts and circumstances;
``(ii) whether the personal injury or death of the
claimant was caused by a negligent or wrongful act or
omission of a covered individual;
``(iii) requirements relating to proof of duty,
breach of duty, and causation resulting in compensable
injury or loss, subject to such exclusions as may be
established by the Secretary of Defense; and
``(iv) calculation of damages.
``(C) Such other matters as the Secretary considers
appropriate.
``(3) In order to implement expeditiously the provisions of this
section, the Secretary may prescribe the regulations under this
subsection--
``(A) by prescribing an interim final rule; and
``(B) not later than one year after prescribing such
interim final rule and considering public comments with respect
to such interim final rule, by prescribing a final rule.
``(e) Limitations on Attorney Fees.--(1) No attorney shall charge,
demand, receive, or collect for services rendered, fees in excess of 20
percent of any claim paid pursuant to this section.
``(2) Any attorney who charges, demands, receives, or collects for
services rendered in connection with a claim under this section any
amount in excess of the amount allowed under paragraph (1), if recovery
be had, shall be fined not more than $2,000, imprisoned not more than
one year, or both.
``(3) The United States shall not be liable for any attorney fees
of a claimant under this section.
``(f) Annual Report.--Not less frequently than annually until 2026,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report--
``(1) indicating the number of claims processed under this
section;
``(2) indicating the resolution of each such claim; and
``(3) describing any other information that may enhance the
effectiveness of the claims process under this section.
``(g) Definitions.--In this section:
``(1) The term `covered individual' means a member of the
armed forces or an employee of the Department of Defense.
``(2) The term `sex-related offense' has the meaning given
that term in section 834 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 163 of such title is amended by inserting
after the item relating to section 2733 the following new item:
``2733b. Claims arising from sex-related offenses.''.
(b) Interim Briefing on Development of Regulations.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Defense shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the development of
regulations under section 2733b(d) of title 10, United States Code, as
added by subsection (a)(1).
(c) Conforming Amendments.--
(1) Section 2735 of such title is amended by inserting
``2733b,'' after ``2733a,''.
(2) Section 1304(a)(3)(D) of title 31, United States Code,
is amended by inserting ``2733b,'' after ``2733a,''.
(d) Effective Date and Transition Provision.--
(1) Effective date.--The amendments made by this section
shall apply to any claim filed under section 2733b of such
title, as added by subsection (a)(1), on or after January 1,
2021.
(2) Transition.--Any claim filed in calendar year 2020
shall be deemed to be filed within the time period specified in
section 2733b(b)(2) of such title, as so added, if it is filed
within three years after it accrues.
SEC. 6. REPORTS ON SEXUAL HARASSMENT/ASSAULT RESPONSE PROGRAMS OF THE
ARMED FORCES.
(a) Secretary of Defense Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the Sexual Harassment/Assault
Response Programs of each military department.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description and assessment of the Sexual
Harassment/Assault Response Program of each military
department including the funding for such program, the
manner in which such funding is allocated, and the
elements of such program that receive funding.
(B) A comparative assessment of the feasibility and
advisability of carrying out the Sexual Harassment/
Assault Response Programs through each structure as
follows:
(i) The current structure.
(ii) A structure involving discharge
through civilian personnel.
(iii) A structure involving discharge
though substantial numbers of contractors.
(iv) A structure involving the
establishment of a military occupational
specialty to permit members of the Armed Forces
to extend their time in a Sexual Harassment/
Assault Response Program and professionalize
their services (including proper education and
training as well as continuing education).
(v) Any other structure the Secretary
considers appropriate.
(b) Comptroller General of the United States Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the Sexual
Harassment/Assault Response Programs of the military
departments.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment by the Comptroller General of the
efficacy and impacts of the Sexual Harassment/Assault
Response Programs of the military departments.
(B) Such recommendations as the Comptroller General
considers appropriate for improvements to the Sexual
Harassment/Assault Response Programs.
SEC. 7. GAO STUDY OF MEMBERS ABSENT WITHOUT LEAVE OR ON UNAUTHORIZED
ABSENCE.
(a) Study; Report.--Not later than September 30, 2021, the
Comptroller General of the United States shall submit to the Committees
on Armed Services of the Senate and House of Representatives a report
containing the results of a study regarding how the Secretaries of the
military departments handle cases of members of the Armed Forces under
their respective jurisdictions who are absent without leave or on
unauthorized absence.
(b) Elements.--The study under this section shall include the
following:
(1) The procedures and guidelines established by each
military department for the investigation of such a case.
(2) The guidelines for distinguishing between--
(A) common cases;
(B) cases that may involve foul play or accident;
and
(C) cases wherein the member may be in danger.
(3) The current guidelines for cooperation and coordination
between military investigative agencies and--
(A) local law enforcement agencies;
(B) Tribal law enforcement agencies; and
(C) Federal law enforcement agencies.
(4) The current guidelines for use of traditional and
social media in conjunction with such cases.
(5) Military resources available for such cases and any
apparent shortfalls in such resources.
(6) How the procedures for such cases vary between military
departments.
(7) How the procedures described in paragraph (6) vary from
procedures used by local and Federal law enforcement.
(8) Best practices for responding to and investigating such
cases.
(9) Any other matter the Comptroller General determines
appropriate.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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