Relating to the prevention and response to sexual harassment in the Armed Forces.
What it does: Adds SEC. 544. PREVENTION AND RESPONSE TO SEXUAL HARASSMENT IN THE ARMED FORCES at the end of subtitle E of title VWhat it changes
1 change to S. 3254 · shown in the bill's text
Adds SEC. 544. PREVENTION AND RESPONSE TO SEXUAL HARASSMENT IN THE ARMED FORCES at the end of subtitle E of title V
Adds a sectionIn S. 3254 · Placed on Calendar Senate
(4) A description of the additional actions, if any, the Secretary submitting such report and the Chief of Staff of the Armed Force propose to take to further address the incidence of hazing in the Armed Force.
Inserted: SEC. 544. PREVENTION AND RESPONSE TO SEXUAL HARASSMENT IN THE ARMED FORCES.
Inserted: (a) Comprehensive Policy Required.--
Inserted: (1) In general.--The Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Equal Opportunity Office of the Department of Defense, develop a comprehensive policy to prevent and respond to sexual harassment in the Armed Forces. The policy shall provide for the following:
Inserted: (A) Training for members of the Armed Forces on the prevention of sexual harassment.
Inserted: (B) Mechanisms for reporting incidents of sexual harassment in the Armed Forces, including procedures for reporting anonymously.
Inserted: (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.
Inserted: (2) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the policy required by paragraph (1).
Inserted: (b) Collection and Retention of Records on Disposition of Reports of Sexual Harassment.--
Inserted: (1) Collection.--The Secretary of Defense shall require that the Secretary of each military department establish a record on the disposition of any report of sexual harassment, whether such disposition is court martial, non-judicial punishment, or other administrative action. The record of any such disposition shall include the following, as appropriate:
Inserted: (A) Documentary information collected about the incident reported.
Inserted: (B) Punishment imposed, including the sentencing by judicial or non-judicial means including incarceration, fines, restriction, and extra duty as a result of military court-martial, Federal and local court and other sentencing, or any other punishment imposed.
Inserted: (C) Reasons for the selection of the disposition and punishments selected.
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Inserted: (D) Administrative actions taken, if any.
Inserted: (E) Any pertinent referrals offered as a result of the incident (such as drug and alcohol counseling and other types of counseling or intervention).
Inserted: (2) Retention.--The Secretary of Defense shall require that--
Inserted: (A) the records established pursuant to paragraph (1) be retained by the Department of Defense for a period of not less than 50 years; and
Inserted: (B) a copy of such records be maintained at a centralized location for the same period as applies to retention of the records under subparagraph (A).
Inserted: (c) Annual Report on Sexual Harassment Involving Members of the Armed Forces.--
Inserted: (1) Annual report on sexual harassment.--Not later than March 1, 2015, and each March 1 thereafter through March 1, 2018, the Secretary of each military department shall submit to the Secretary of Defense a report on the sexual harassments involving members of the Armed Forces under the jurisdiction of such Secretary during the preceding year. Each Secretary of a military department shall submit the report on a year under this section at the same time as the submittal of the annual report on sexual assaults during that year under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note). In the case of the Secretary of the Navy, separate reports shall be prepared under this section for the Navy and the Marine Corps.
Inserted: (2) Contents.--The report of a Secretary of a military department for an Armed Force under paragraph (1) shall contain the following:
Inserted: (A) The number of sexual harassments committed against members of the Armed Force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated.
Inserted: (B) The number of sexual harassments committed by members of the Armed Force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated. The information required by this subparagraph may not be combined with the information required by subparagraph (A).
Inserted: (C) A synopsis of each such substantiated case and, for each such case, the action taken in such case, including the type of disciplinary or administrative sanction imposed, section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice).
Inserted: (D) The policies, procedures, and processes implemented by the Secretary during the year covered by the report in response to incidents of sexual harassment involving members of that Armed Force.
Inserted: (E) Any other matters relating to sexual harassment involving members of the Armed Forces that the Secretary considers appropriate.
Original wording
At the end of subtitle E of title V, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3105. Ms. KLOBUCHAR (for herself and Ms. Snowe) submitted an amendment intended to be proposed by her to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 544. PREVENTION AND RESPONSE TO SEXUAL HARASSMENT IN THE ARMED FORCES.
(a) Comprehensive Policy Required.--
(1) In general.--The Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Equal Opportunity Office of the Department of Defense, develop a comprehensive policy to prevent and respond to sexual harassment in the Armed Forces. The policy shall provide for the following:
(A) Training for members of the Armed Forces on the prevention of sexual harassment.
(B) Mechanisms for reporting incidents of sexual harassment in the Armed Forces, including procedures for reporting anonymously.
(C) Mechanisms for responding to and resolving incidents of alleged sexual harassment incidences involving members of the Armed Forces, including through the prosecution of offenders.
(2) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the policy required by paragraph (1).
(b) Collection and Retention of Records on Disposition of Reports of Sexual Harassment.--
(1) Collection.--The Secretary of Defense shall require that the Secretary of each military department establish a record on the disposition of any report of sexual harassment, whether such disposition is court martial, non-judicial punishment, or other administrative action. The record of any such disposition shall include the following, as appropriate:
(A) Documentary information collected about the incident reported.
(B) Punishment imposed, including the sentencing by judicial or non-judicial means including incarceration, fines, restriction, and extra duty as a result of military court-martial, Federal and local court and other sentencing, or any other punishment imposed.
(C) Reasons for the selection of the disposition and punishments selected.
(D) Administrative actions taken, if any.
(E) Any pertinent referrals offered as a result of the incident (such as drug and alcohol counseling and other types of counseling or intervention).
(2) Retention.--The Secretary of Defense shall require that--
(A) the records established pursuant to paragraph (1) be retained by the Department of Defense for a period of not less than 50 years; and
(B) a copy of such records be maintained at a centralized location for the same period as applies to retention of the records under subparagraph (A).
(c) Annual Report on Sexual Harassment Involving Members of the Armed Forces.--
(1) Annual report on sexual harassment.--Not later than March 1, 2015, and each March 1 thereafter through March 1, 2018, the Secretary of each military department shall submit to the Secretary of Defense a report on the sexual harassments involving members of the Armed Forces under the jurisdiction of such Secretary during the preceding year. Each Secretary of a military department shall submit the report on a year under this section at the same time as the submittal of the annual report on sexual assaults during that year under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note). In the case of the Secretary of the Navy, separate reports shall be prepared under this section for the Navy and the Marine Corps.
(2) Contents.--The report of a Secretary of a military department for an Armed Force under paragraph (1) shall contain the following:
(A) The number of sexual harassments committed against members of the Armed Force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated.
(B) The number of sexual harassments committed by members of the Armed Force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated. The information required by this subparagraph may not be combined with the information required by subparagraph (A).
(C) A synopsis of each such substantiated case and, for each such case, the action taken in such case, including the type of disciplinary or administrative sanction imposed, section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice).
(D) The policies, procedures, and processes implemented by the Secretary during the year covered by the report in response to incidents of sexual harassment involving members of that Armed Force.
(E) Any other matters relating to sexual harassment involving members of the Armed Forces that the Secretary considers appropriate.
Legislative Activity
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Senate amendment agreed to: Amendment SA 3105 agreed to in Senate by Unanimous Consent.
November 30, 2012
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Senate amendment agreed to: Amendment SA 3105 agreed to in Senate by Unanimous Consent.
November 30, 2012
Senate amendment proposed (on the floor): Amendment SA 3105 proposed by Senator Levin for Senator Klobuchar.
November 30, 2012
Amendment SA 3105 proposed by Senator Levin for Senator Klobuchar. (consideration: CR S7294-7298; text: CR S7295) Relating to the prevention and response to sexual harassment in the Armed Forces.
November 30, 2012
Amendment SA 3105 agreed to in Senate by Unanimous Consent.
November 30, 2012
Senate amendment submitted
November 28, 2012