,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dfjj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #af1
 #bjbj,ms4 ,hirono 7for herself and ,mr4
 ,booker7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,armed ,services  ,a  
,,bill  ,to amend title #aj1 ,united    
,states ,code1 to improve the responses 
of the ,department of ,defense to       
sex-related offenses1 and for other     
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,i ,am ,vanessa     
,guilln ,act4  #b4 ,modification of     
authority to determine to proceed to    
trial by court-martial on charges       
involving sex-related offenses  7a7     
,role of ,office of the ,chief          
,prosecutor in determination ,to proceed
 to trial on charge involving           
sex-,related offense  7#a7 ,referral and
 determinations by ,office of the ,chief
 ,prosecutor ,section #hcd of title #aj1
 ,united ,states ,code 7article #cd of  
the ,uniform ,code of ,military         

,justice71 is amended-- 7,a7 by         
redesignating subsection 7d7 as         
subsection 7e72 and  7,b7 by inserting  
after the subsection 7c7 the following  
new subsection 7d73  7d7 ,referral to   
,office of the ,chief ,prosecutor  7#a7 
,in the case of a charge relating to a  
sex-related offense1 in addition to     
referring the charge to the staff judge 
advocate under subsection 7a71 the      
convening authority shall refer1 as soon
 as reasonably practicable1 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 7#c74 ,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 coercion4  
7#b7 ,for purposes of this subsection1  
the term sex-related offense means any  
of the following3 7,a7 ,an offense      
covered by section #ibj1 #ibj;a1 #ibj;b1

 #ibj;c1 or #ibj;d of this title        
7article #abj1 #abj;a1 #abj;b1 #abj;c1  
or #abj;d74  7,b7 ,a conspiracy to      
commit an offense specified in          
subparagraph 7,a7 as punishable under   
section #hha of this title 7article     
#ha74  7,c7 ,a solicitation to commit an
 offense specified in subparagraph 7,a7 
as punishable under section #hhb of this
 title 7article #hb74  7,d7 ,an attempt 
to commit an offense specified in       
subparagraphs 7,a7 through 7,c7 as      
punishable under section #hhj of this   
title 7article #hj74  7#c7 ,the ,office 
of the ,chief ,prosecutor shall make a  
determination regarding whether a charge
 relating to a sex-related offense      
should be referred to trial4 ,if the    
,office of the ,chief ,prosecutor makes 
a determination to try the charge by    
court-martial1 the ,office of the ,chief
 ,prosecutor also shall determine       
whether to try the charge by a general  
court-martial convened under section    
#hbb of this title 7article #bb7 or a   

special court-martial convened under    
section #hbc of this title 7article     
#bc74  7#d7 ,a determination under      
paragraph 7#c7 to try a charge relating 
to a sex-related offense by             
court-martial shall include a           
determination to try all known offenses1
 including lesser included offenses4    
7#e7 ,the determination to try a charge 
relating to a sex-related offense by    
court-martial under paragraph 7#c71 and 
by type of court-martial1 shall be      
binding on any applicable convening     
authority for a trial by court-martial  
on the charge4  7#f7 ,a determination   
under paragraph 7#c7 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    
#hbd of this title 7article #bd71 or to 
impose non-judicial punishment in       

connection with the conduct covered by  
the charge as authorized by section #hae
 of this title 7article #ae74  7#g7     
,nothing in this subsection shall be    
construed to alter or affect the        
disposition of charges under this       
chapter 7the ,uniform ,code of ,military
 ,justice7 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 less4  7#h7 
,this subsection does not apply to the  
,coast ,guard when it is not operating  
as a service in the ,department of the  
,navy4  4  7#b7 ,appointment of chief   
prosecutor ,for any ,armed ,force 7other
 than the ,coast ,guard7 for which the  
position of ,chief ,prosecutor does not 
exist as of the date of the enactment of
 this ,act1 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-#f or above who has     
significant experience prosecuting      
sexual assault trials by court-martial4 
7b7 ,chief ,prosecutor authority ,to    
convene ,article #cb preliminary        
hearings ,section #hcb7;a7 of title #aj1
 ,united ,states ,code 7article #cb7;a7 
of the ,uniform ,code of ,military      
,justice71 is amended by adding at the  
end the following new paragraph3  7#c7  
,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 7as defined in      
section #hcd7;d77#b7 of this title      
7article #cd7;d77#b777 involving a      
member of that armed force4 ,this       
paragraph does not apply to the ,coast  
,guard when it is not operating as a    
service in the ,department of the ,navy4
  4  7c7 ,modification of officers      
authorized ,to convene general and      
special courts-,martial  7#a7 ,in       
general ,section #hbb7;a7 of title #aj1 

,united ,states ,code 7article #bb7;a7  
of the ,uniform ,code of ,military      
,justice71 is amended-- 7,a7 by         
redesignating paragraphs 7#h7 and 7#i7  
as paragraphs 7#i7 and 7#aj71           
respectively2 and  7,b7 by inserting    
after paragraph 7#g7 the following new  
paragraph 7#h73  7#h7 the officers in   
the offices established pursuant to     
section #b7;c77#c7 of the ,justice for  
,,spc ,vanessa ,guilln ,act1 or officers
 in the grade of ,o-#f or higher who are
 assigned such responsibility by the    
,chief of ,staff of the ,army1 the      
,chief of ,naval ,operations1 the ,chief
 of ,staff of the ,air ,force1 or the   
,commandant of the ,marine ,corps1 but  
only with respect to a sex-related      
offense 7as defined in section          
#hcd7;d77#b7 of this title 7article     
#cd7;d77#b7772  4  7#b7 ,no exercise by 
officers in chain of command of accused 
or victim ,section #hbb of title #aj1   
,united ,states ,code 7article #bb of   
the ,uniform ,code of ,military         

,justice71 is amended by adding at the  
end the following new subsection3  7c7  
,an officer specified in subsection     
7a77#h7 may not convene a court-martial 
under this section if the officer is in 
the chain of command of the accused or  
the victim4  4  7#c7 ,offices of ,chiefs
 of ,staff on courts-,martial  7,a7     
,offices required ,the ,chief of ,staff 
of the ,army1 the ,chief of ,naval      
,operations1 the ,chief of ,staff of the
 ,air ,force1 or the ,commandant of the 
,marine ,corps shall establish an office
 to do the following3 7i7 ,to convene   
general and special courts-martial under
 sections #hbb and #hbc of title #aj1   
,united ,states ,code 7articles #bb and 
#bc of the ,uniform ,code of ,military  
,justice71 pursuant to paragraph 7#h7 of
 section #hbb7;a7 of title #aj1 ,united 
,states ,code 7article #bb7;a7 of the   
,uniform ,code of ,military ,justice71  
as amended by paragraph 7#a71 with      
respect to a sex-related offense 7as    
defined in section #hcd7;d77#b7 of title

 #aj1 ,united ,states ,code 7article    
#cd7;d77#b7 of the ,uniform ,code of    
,military ,justice774  7ii7 ,to detail  
under section #hbe of title #aj1 ,united
 ,states ,code 7article #be of the      
,uniform ,code of ,military ,justice71  
members of courts-martial convened as   
described in clause 7i74  7,b7          
,personnel ,the personnel of each office
 established under subparagraph 7,a7    
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     
concerned4 ,the members and personnel so
 detailed or assigned1 as the case may  
be1 shall be detailed or assigned from  
personnel billets in existence on the   
date of the enactment of this ,act4  7d7
 ,implementation and effective date     
7#a7 ,funding source ,the ,secretaries  
of the military departments shall carry 
out subsections 7a71 7b71 and 7c7 7and  
the amendments made by such subsections7

 using funds appropriated after the date
 of enactment of this ,act and otherwise
 available to the ,secretary of the     
military department concerned4  7#b7    
,policies and procedures  7,a7 ,in      
general ,the ,secretaries of the        
military departments shall revise       
policies and procedures as necessary to 
comply with this section4  7,b7         
,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 procedures1 as so revised1 among the
 military departments does not render   
unconstitutional any policy or          
procedure1 as so revised4  7#c7 ,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 section4  7#d7 ,effective date and 
applicability ,this section and the     
amendments made by this section shall   

take effect on the date designated by   
the ,president1 which shall not be later
 than the first day of the first        
calendar month that begins two years    
after the date of the enactment of this 
,act4  #c4 ,punitive article on sexual  
harassment and related investigation    
matters  7a7 ,punitive article on sexual
 harassment  7#a7 ,in general           
,subchapter ,x of chapter #dg1 ,united  
,states ,code 7the ,uniform ,code of    
,military ,justice71 is amended by      
inserting after section #ibj;c 7article 
#abj;c7 the following new section       
7article73  #ibj;d4 ,art4 #abj;d4       
,sexual harassment  7a7 ,in general ,any
 person subject to this chapter who     
commits sexual harassment against       
another person shall be punished as a   
court-martial may direct4  7b7 ,sexual  
harassment defined  7#a7 ,in this       
section term sexual harassment means    
conduct that takes place in a           
circumstance described in paragraph 7#b7
 that takes the form of-- 7,a7 a sexual 

advance2  7,b7 a request for sexual     
favors2 or  7,c7 any other conduct of a 
sexual nature4  7#b7 ,a circumstance    
described in this paragraph is a        
situation in which-- 7,a7 submission to 
the conduct involved is made either     
explicitly or implicitly a term or      
condition of employment2  7,b7          
submission to or rejection of such      
conduct is used as the basis for an     
employment decision affecting an        
individual's employment2 or  7,c7 such  
conduct unreasonably alters an          
individual's terms1 conditions1 or      
privileges of employment1 including by  
creating an intimidating hostile1 or    
offensive work environment1 as          
determined in accordance with paragraph 
7#c74  7#c7 ,in determining1 for        
purposes of paragraph 7#b77;,c71 whether
 conduct constitutes sexual harassment  
because the conduct unreasonably alters 
an individual's terms1 conditions1 or   
privileges of employment1 including by  
creating an intimidating1 hostile1 or   

offensive work environment1 the         
following rules shall apply3 7,a7 ,the  
determination shall be made on the basis
 of the record as a whole1 according to 
the totality of the circumstances4 ,a   
single incident may constitute sexual   
harassment4  7,b7 ,incidents that may be
 sexual harassment shall be considered  
in the aggregate1 with-- 7i7 conduct of 
varying types 7such as expressions of   
sex-based hostility1 requests for sexual
 favors1 and denial of employment       
opportunities due to sexual orientation7
 viewed in totality1 rather than in     
isolation2 and  7ii7 conduct based on   
multiple protected characteristics 7such
 as sex and race7 viewed in totality1   
rather than in isolation4  7,c7 ,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 exhaustive4 ,not one of 
those factors shall be considered to be 
determinative in establishing whether   

conduct constitutes sexual harassment4  
,such factors are each of the following3
 7i7 ,the frequency of the conduct4     
7ii7 ,the duration of the conduct4      
7iii7 ,the location where the conduct   
occurred4  7iv7 ,the number of          
individuals engaged in the conduct4  7v7
 ,the nature of the conduct1 which may  
include physical1 verbal1 pictorial1 or 
visual conduct1 and conduct that occurs 
in person or is transmitted1 such as    
electronically4  7vi7 ,whether the      
conduct is threatening4  7vii7 ,any     
power differential between the alleged  
harasser and the person allegedly       
harassed4  7viii7 ,any use of epithets1 
slurs1 or other conduct that is         
humiliating or degrading4  7ix7 ,whether
 the conduct reflects stereotypes about 
individuals in the protected class      
involved4  4  7#b7 ,clerical amendment  
,the table of sections at the beginning 
of such subchapter is amended by        
inserting after the item relating to    
section #ibj;c 7article #abj;c7 the     

following new item3  #ibj;d4 #abj;d4    
,sexual harassment4  4  7b7             
,investigations of sexual harassment    
7#a7 ,in general ,section #aefa of title
 #aj1 ,united ,states ,code1 is amended 
to read as follows3  #aefa4 ,complaints 
of sexual harassment3 independent       
investigation  7a7 ,action on complaints
 alleging sexual harassment ,a          
commanding officer or officer in charge 
of a unit1 vessel1 facility1 or area of 
an armed force under the jurisdiction of
 the ,secretary of a military           
department1 who receives1 from a member 
of the command or a member under the    
supervision of the officer1 a formal    
complaint alleging sexual harassment by 
a member of the armed forces shall1 as  
soon as practicable after such receipt1 
forward the complaint to an independent 
investigator4  7b7 ,commencement of     
investigation ,to the extent            
practicable1 an independent investigator
 shall commence an investigation of a   
formal complaint of sexual harassment   

not later than #gb hours after-- 7#a7   
receiving a formal complaint of sexual  
harassment forwarded by a commanding    
officer or officer in charge under      
subsection 7a72 or  7#b7 receiving a    
formal complaint of sexual harassment   
directly from a member of the armed     
forces4  7c7 ,duration of investigation 
,to the extent practicable1 an          
investigation under subsection 7b7 shall
 be completed not later than #ad days   
after the date on which the             
investigation commences4  7d7 ,report on
 command investigation ,to the extent   
practicable1 an independent investigator
 who commences an investigation under   
subsection 7b7 shall-- 7#a7 submit a    
final report on the results of the      
investigation1 including any action     
taken as a result of the investigation1 
to the officer described in subsection  
7a7 not later than #bj days after the   
date on which the investigation         
commenced2 or  7#b7 submit a report on  
the progress made in completing the     

investigation to the officer described  
in subsection 7a7 not later than #bj    
days after the date on which the        
investigation commenced and every #ad   
days thereafter until the investigation 
is completed and1 upon completion of the
 investigation1 then submit a final     
report on the results of the            
investigation1 including any action     
taken as a result of the investigation1 
to that officer4  7e7 ,definitions ,in  
this section3 7#a7 ,the term formal     
complaint means a complaint that an     
individual files in writing and attests 
to the accuracy of the information      
contained in the complaint4  7#b7 ,the  
term independent investigator means a   
member of the armed forces or employee  
of the ,department of ,defense-- 7,a7   
who is outside the chain of command of  
the complainant2 and  7,b7 whom the     
,secretary concerned determines is      
trained in the investigation of sexual  
harassment4  7#c7 ,the term sexual      
harassment has the meaning given that   

term in section #ibj;d7b7 of this title 
7article #abj;d of the ,uniform ,code of
 ,military ,justice74  4  7#b7 ,clerical
 amendment ,the table of sections at the
 beginning of chapter #hj of such title 
is amended by striking the item relating
 to section #aefa and inserting the     
following new item3  #aefa4 ,complaints 
of sexual harassment3 independent       
investigation4  4  7#c7 ,effective date 
,the amendment to section #aefa of such 
title made by this subsection shall--   
7,a7 take effect on the day that is two 
years after the date of the enactment of
 this ,act2 and  7,b7 apply to any      
investigation of a formal complaint of  
sexual harassment 7as those terms are   
defined in such section1 as amended7    
made on or after that date4  7#d7       
,report on implementation ,not later    
than nine months after the date of the  
enactment of this ,act1 each ,secretary 
of a military department shall submit to
 ,congress a report on preparation of   
that ,secretary to implement the        

amendment to section #aefa of such title
 made by this subsection4  #d4          
,confidential reporting of sexual       
harassment  7a7 ,establishment ,chapter 
#hj of title #aj1 ,united ,states ,code1
 is amended by inserting after section  
#aefa;a the following new section3      
#aefa;b4 ,confidential reporting of     
sexual harassment  7a7 ,establishment   
,notwithstanding section #aefa of this  
title1 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 member4  7b7 ,receipt of        
complaint ,an individual designated to  
receive complaints under subsection     
7a7-- 7#a7 shall maintain the           
confidentiality of the member alleging  
the complaint2  7#b7 shall provide to   
the member alleging the complaint the   

option-- 7,a7 to file a formal or       
informal report of sexual harassment2   
and  7,b7 to include reports related to 
such complaint in the ,catch a ,serial  
,offender ,program2 and  7#c7 shall     
provide to the commander of the         
complainant a report-- 7,a7 regarding   
the complaint2 and  7,b7 that does not  
contain any personally identifiable     
information regarding the complainant4  
7c7 ,education and tracking ,the        
,secretary of ,defense shall-- 7#a7     
educate members under the jurisdiction  
of the ,secretary of a military         
department regarding the process        
established under this section2 and     
7#b7 track complaints alleged pursuant  
to the process4  7d7 ,annual reports    
,the ,secretary of ,defense shall submit
 to the ,committees on ,armed ,services 
of the ,senate and the ,house of        
,representatives on an annual basis a   
report containing data 7that does not   
contain any personally identifiable     
information7 relating to complaints     

alleged pursuant to the process         
established under this section during   
the preceding year4  4  7b7 ,clerical   
amendment ,the table of sections at the 
beginning of chapter of #hj such title  
is amended by inserting after the item  
relating to section #aefa;a the         
following new item3  #aefa;b4           
,confidential reporting of sexual       
harassment4  4  7c7 ,implementation ,the
 ,secretary shall carry out section     
#aefa;b of title #aj1 ,united ,states   
,code1 as added by subsection 7a71 not  
later than one year after the date of   
the enactment of this ,act4  #e4        
,authorization of claims by members of  
the ,armed ,forces and employees of the 
,department of ,defense against the     
,united ,states that arise from sexual  
misconduct  7a7 ,claims arising from    
sexual harassment  7#a7 ,in general     
,chapter #afc of title #aj1 ,united     
,states ,code1 is amended by inserting  
after section #bgcc;a the following new 
section3  #bgcc;b4 ,claims arising from 

sex-related offenses  7a7 ,in general   
,consistent with this section and under 
such regulations as the ,secretary of   
,defense shall prescribe under          
subsection 7d71 the ,secretary may      
allow1 settle1 and pay a claim against  
the ,united ,states for personal injury 
or death of a claimant arising from--   
7#a7 a sex-related offense2  7#b7 the   
negligent failure to prevent a          
sex-related offense2 or  7#c7 the       
negligent failure to investigate a      
sex-related offense4  7b7 ,requirement  
for claims ,a claim may be allowed1     
settled1 and paid under subsection 7a7  
only if-- 7#a7 the claim is filed by the
 claimant who is the victim of the      
sex-related offense1 or by an authorized
 representative on behalf of such       
claimant who is deceased or otherwise   
unable to file the claim due to         
incapacitation2  7#b7 the claim is      
presented to the ,department in writing 
within two years after the claim        
accrues2  7#c7 the claim is not allowed 

to be settled and paid under any other  
provision of law2 and  7#d7 the claim is
 substantiated as prescribed in         
regulations prescribed by the ,secretary
 of ,defense under subsection 7d74  7c7 
,payment of claims  7#a7 ,if the        
,secretary of ,defense determines1      
pursuant to regulations prescribed by   
the ,secretary under subsection 7d71    
that a claim under this section in      
excess of #ajj1jjj is meritorious1 and  
the claim is otherwise payable under    
this section1 the ,secretary may pay the
 claimant #ajj1jjj and report any       
meritorious amount in excess of #ajj1jjj
 to the ,secretary of the ,treasury for 
payment under section #acjd of title    
#ca4  7#b7 ,except as provided in       
paragraph 7#a71 no claim may be paid    
under this section unless the amount    
tendered is accepted by the claimant in 
full satisfaction4  7d7 ,regulations    
7#a7 ,the ,secretary of ,defense shall  
prescribe regulations to implement this 
section4  7#b7 ,regulations prescribed  

by the ,secretary under paragraph 7#a7  
shall include the following3 7,a7       
,policies and procedures to ensure the  
timely1 efficient1 and effective        
processing and administration of claims 
under this section1 including-- 7i7 the 
filing1 receipt1 investigation1 and     
evaluation of a claim2  7ii7 the        
negotiation1 settlement1 and payment of 
a claim2 and  7iii7 such other matters  
relating to the processing and          
administration of a claim1 including an 
administrative appeals process1 as the  
,secretary considers appropriate4  7,b7 
,uniform standards consistent with      
generally accepted standards used in a  
majority of ,states in adjudicating     
claims under chapter #aga of title #bh  
7commonly known as the ,federal ,tort   
,claims ,act7 to be applied to the      
evaluation1 settlement1 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 individual1 and without regard  
to foreign law in the case of claims    
arising in foreign countries1 including 
uniform standards to be applied to      
determinations with respect to-- 7i7    
whether an act or omission by a covered 
individual was negligent or wrongful1   
considering the specific facts and      
circumstances2  7ii7 whether the        
personal injury or death of the claimant
 was caused by a negligent or wrongful  
act or omission of a covered individual2
  7iii7 requirements relating to proof  
of duty1 breach of duty1 and causation  
resulting in compensable injury or loss1
 subject to such exclusions as may be   
established by the ,secretary2 and  7iv7
 calculation of damages4  7,c7 ,such    
other matters as the ,secretary         
considers appropriate4  7#c7 ,in order  
to implement expeditiously the          
provisions of this section1 the         
,secretary may prescribe the regulations
 under this subsection-- 7,a7 by        
prescribing an interim final rule2 and  

7,b7 not later than one year after      
prescribing such interim final rule and 
considering public comments with respect
 to such interim final rule1 by         
prescribing a final rule4  7e7          
,limitation on attorney fees  7#a7 ,no  
attorney shall charge1 demand1 receive1 
or collect for services rendered1 fees  
in excess of #bj percent of any claim   
paid pursuant to this section4  7#b7    
,any attorney who charges1 demands1     
receives1 or collects for services      
rendered in connection with a claim     
under this section any amount in excess 
of the amount allowed under paragraph   
7#a71 if recovery be had1 shall be fined
 not more than #b1jjj1 imprisoned not   
more than one year1 or both4  7f7       
,annual report ,not less frequently than
 annually until #bjbf1 the ,secretary of
 ,defense shall submit to the           
,committees on ,armed ,services of the  
,senate and the ,house of               
,representatives a report-- 7#a7        
indicating the number of claims         

processed under this section2  7#b7     
indicating the resolution of each such  
claim2 and  7#c7 describing any other   
information that may enhance the        
effectiveness of the claims process     
under this section4  7g7 ,definitions   
,in this section3 7#a7 ,the term covered
 individual means a member of the armed 
forces or an employee of the ,department
 of ,defense4  7#b7 ,the term           
sex-related offense has the meaning     
given that term in section #hcd7;d77#b7 
of this title 7article #cd7;d77#b7 of   
the ,uniform ,code of ,military         
,justice74  4  7#b7 ,clerical amendment 
,the table of sections at the beginning 
of chapter #afc of such title is amended
 by inserting after the item relating to
 section #bgcc;a the following new item3
  #bgcc;b4 ,claims arising from         
sex-related offenses4  4  7b7 ,interim  
briefing on development of regulations  
,not later than #ahj days after the date
 of the enactment of this ,act1 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
 #bgcc;b7d7 of title #aj1 ,united       
,states ,code1 as added by subsection   
7a77#a74  7c7 ,conforming amendments    
7#a7 ,section #bgce of such title is    
amended by inserting #bgcc;b1 after     
#bgcc;a14  7#b7 ,section                
#acjd7;a77#c77;,d7 of title #ca1 ,united
 ,states ,code1 is amended by inserting 
#bgcc;b1 after #bgcc;a14  7d7 ,effective
 date and transition provision  7#a7    
,effective date ,the amendments made by 
this section shall apply to any claim   
filed under section #bgcc;b of such     
title1 as added by subsection 7a77#a71  
on or after ,january #a1 #bjba4  7#b7   
,transition ,any claim filed in calendar
 year #bjbj shall be deemed to be filed 
within the time period specified in     
section #bgcc;b7b77#b7 of such title1 as
 so added1 if it is filed within three  
years after it accrues4  #f4 ,reports on

 ,sexual ,harassment_/,assault ,response
 ,programs of the military departments  
7a7 ,secretary of ,defense report  7#a7 
,in general ,not later than #ahj days   
after the date of the enactment of this 
,act1 the ,secretary of ,defense shall  
submit to ,congress a report on the     
,sexual ,harassment_/,assault ,response 
,programs 7,,sharp7 of the military     
departments4  7#b7 ,elements ,the report
 required by paragraph 7#a7 shall       
include the following3 7,a7 ,a          
description and assessment of the       
,sexual ,harassment_/,assault ,response 
,program of each military department1   
including the funding for such program1 
the manner in which such funding is     
allocated1 and the elements of such     
program that receive funding4  7,b7 ,a  
comparative assessment of the           
feasibility and advisability of carrying
 out the ,sexual ,harassment_/,assault  
,response ,programs through each        
structure as follows3 7i7 ,the current  
structure4  7ii7 ,a structure involving 

discharge through civilian personnel4   
7iii7 ,a structure involving discharge  
though substantial numbers of           
contractors4  7iv7 ,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     
7including proper education and training
 as well as continuing education74  7v7 
,any other structure the ,secretary     
considers appropriate4  7b7 ,comptroller
 ,general of the ,united ,states report 
7#a7 ,in general ,not later than one    
year after the date of the enactment of 
this ,act1 the ,comptroller ,general of 
the ,united ,states shall submit to     
,congress a report on the ,sexual       
,harassment_/,assault ,response         
,programs of the military departments4  
7#b7 ,elements ,the report required by  
paragraph 7#a7 shall include the        
following3 7,a7 ,an assessment by the   

,comptroller ,general of the efficacy   
and impacts of the ,sexual              
,harassment_/,assault ,response         
,programs of the ,armed ,forces4  7,b7  
,such recommendations as the            
,comptroller ,general considers         
appropriate for improvements to the     
,sexual ,harassment_/,assault ,response 
,programs4  #g4 ,,gao study of members  
absent without leave or on unauthorized 
absence  7a7 ,study2 report ,not later  
than ,september #cj1 #bjba1 the         
,comptroller ,general of the ,united    
,states shall submit to the ,committees 
on ,armed ,services of the ,senate and  
the ,house of ,representatives a report 
containing the results of a study       
regarding how the ,armed ,forces handle 
cases of members of the ,armed ,forces  
absent without leave or on unauthorized 
absence4  7b7 ,elements ,the study under
 this section shall include the         
following3 7#a7 ,the procedures and     
guidelines established by each ,armed   
,force for the investigation of such a  

case4  7#b7 ,the guidelines for         
distinguishing between-- 7,a7 common    
cases2  7,b7 cases that may involve foul
 play or accident2 and  7,c7 cases      
wherein the member may be in danger4    
7#c7 ,the current guidelines for        
cooperation and coordination between    
military investigative organizations    
and-- 7,a7 local law enforcement        
agencies2 and  7,b7 ,federal law        
enforcement agencies4  7#d7 ,the current
 guidelines for use of traditional and  
social media in conjunction with such   
cases4  7#e7 ,military resources        
available for such cases and any        
apparent shortfalls in such resources4  
7#f7 ,how the procedures for such cases 
vary between ,armed ,forces4  7#g7 ,how 
the procedures described in paragraph   
7#f7 vary from procedures used by local 
and ,federal law enforcement4  7#h7     
,best practices for responding to and   
investigating such cases4  7#i7 ,any    
other matter the ,comptroller ,general  
determines appropriate4