S.Amdt. 3234Senate112th Congress (2011-2013)

To enhance the annual reports regarding sexual assaults involving members of the Armed Forces.

What it does: Adds SEC. 544. ENHANCEMENT OF ANNUAL REPORTS REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES at the end of subtitle E of title V
Submitted November 29, 2012

What it changes

1 change to S. 3254 · shown in the bill's text

Adds a section
  1. Adds SEC. 544. ENHANCEMENT OF ANNUAL REPORTS REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES at the end of subtitle E of title V

    Adds a section

    In 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. ENHANCEMENT OF ANNUAL REPORTS REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.

    Inserted: (a) In General.--Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended--

    Inserted: (1) by striking paragraph (3) and inserting the following new paragraph (3):

    Inserted: "(3) A synopsis of each such substantiated case, organized by offense, and, for each such case, the action taken in such case, including the following information:

    Inserted: "(A) 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 administrative separations.

    Inserted: "(B) A description of and rationale for the final disposition and punishment, regardless of type of disciplinary or administrative sanction imposed.

    Inserted: "(C) The unit and location of service at which the incident occurred.

    Inserted: "(D) Whether the accused was previously accused of a substantiated sexual assault or sexual harassment.

    Inserted: "(E) Whether the accused was admitted to the Armed Forces under a moral waiver granted with respect to prior sexual misconduct.

    Inserted: "(F) Whether alcohol was involved in the incident.

    Inserted: "(G) If the member was administratively separated or, in the case of an officer, allowed to resign in lieu of facing a court-martial, the characterization given the service of the member upon separation."; and

    Inserted: (2) by adding at the end the following new paragraphs

    Show 5 more inserted paragraphs

    Inserted: "(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 such application was denied.

    Inserted: "(8) An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by commands and installations during the year covered by the report, including trends relating to prevalence of incidents, prosecution of incidents, and avoidance of incidents.

    Inserted: "(9) An assessment of the adequacy of sexual assault prevention and response activities carried out by training commands during the year covered by the report.

    Inserted: "(10) An analysis of the specific factors that may have contributed to sexual assault during the year covered by the report, including sexual harassment and substance abuse, 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.".

    Inserted: (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply beginning with the report required to be submitted by March 1, 2014, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (as amended by subsection (a)).

    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

At the end of subtitle E of title V, add the following:

SEC. 544. ENHANCEMENT OF ANNUAL REPORTS REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.

(a) In General.--Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended--

(1) by striking paragraph (3) and inserting the following new paragraph (3):

“(3) A synopsis of each such substantiated case, organized by offense, and, for each such case, the action taken in such case, including the following information:

“(A) 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 administrative separations.

“(B) A description of and rationale for the final disposition and punishment, regardless of type of disciplinary or administrative sanction imposed.

“(C) The unit and location of service at which the incident occurred.

“(D) Whether the accused was previously accused of a substantiated sexual assault or sexual harassment.

“(E) Whether the accused was admitted to the Armed Forces under a moral waiver granted with respect to prior sexual misconduct.

“(F) Whether alcohol was involved in the incident.

“(G) If the member was administratively separated or, in the case of an officer, allowed to resign in lieu of facing a court-martial, the characterization given the service of the member upon separation.”; and

(2) by adding at the end the following new paragraphs

“(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 such application was denied.

“(8) An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by commands and installations during the year covered by the report, including trends relating to prevalence of incidents, prosecution of incidents, and avoidance of incidents.

“(9) An assessment of the adequacy of sexual assault 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, including sexual harassment and substance abuse, 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.”.

(b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply beginning with the report required to be submitted by March 1, 2014, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (as amended by subsection (a)).

Legislative Activity

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Senate amendment proposed (on the floor): Amendment SA 3234 proposed by Senator Levin for Senator Klobuchar.

November 30, 2012

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Senate amendment proposed (on the floor): Amendment SA 3234 proposed by Senator Levin for Senator Klobuchar.

November 30, 2012

Floor

Senate amendment agreed to: Amendment SA 3234 agreed to in Senate by Unanimous Consent.

November 30, 2012

Floor

Amendment SA 3234 proposed by Senator Levin for Senator Klobuchar. (consideration: CR S7294-7298; text: CR S7296) To enhance the annual reports regarding sexual assaults involving members of the Armed Forces.

November 30, 2012

Floor

Amendment SA 3234 agreed to in Senate by Unanimous Consent.

November 30, 2012

Floor

Senate amendment submitted

November 29, 2012