10 U.S.C. § 1631

ANNUAL REPORT REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES AND IMPROVEMENT TO SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.

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“(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 military 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 reported to military officials during the year covered by the report, and the number of the cases so reported 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 report, 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, organized 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 administrative separations.“(4) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by the report in response to incidents of sexual 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 national, and the policies, procedures, and processes implemented by the Secretary concerned to monitor the investigative processes and disposition of such cases and any actions taken to eliminate any gaps in investigating and adjudicating such cases.“(6) A description of the implementation of the accessibility 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 during that year to ensure that trained personnel, appropriate supplies, and transportation resources are accessible to deployed units in order to provide an appropriate and timely response in any case of reported sexual assault in a deployed unit, location, or environment.“(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 incidence, disposition, and prosecution of sexual assaults by units, 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, 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 serious offenses occurring during sexual assaults committed by members of the Armed Force during the year covered by the report, as identified in unrestricted 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 separate statement of the most serious charge preferred and the most serious charge for which convicted.“(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 Uniform 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 social 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, between 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 complaint.“(H) The organization that investigated or is investigating the complaint.“(I) The current status of the investigation.“(J) If the investigation is complete, a description of the results of the investigation, including whether the results of the investigation were provided to the complainant.“(K) If the investigation determined that retaliation occurred, whether the retaliation was an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).“(13) Information and data collected through formal and informal reports of sexual harassment involving members of the Armed Forces during the year covered by the report, as follows:“(A) The number of substantiated and unsubstantiated reports.“(B) A synopsis of each substantiated report.“(C) The action taken in the case of each substantiated 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 Justice); 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 following:“(A) The number of substantiated and unsubstantiated reports.“(B) A synopsis of each substantiated report.“(C) The action taken in the case of each substantiated 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 Justice); 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’ for purposes of paragraphs (1), (2), (3), and (5) of subsection (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 receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and House of Representatives 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 Requirement.—“(1) [Amended section 577 of Pub. L. 108–375, set out below.]“(2)Submission of 2010 report.—The reports required 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 department shall include in the case synopses portion of each report described in subsection (b)(3) the following additional information:“(1) If charges are dismissed following an investigation conducted under section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), the case synopsis shall include the reason for the dismissal of the charges.“(2) If the case synopsis states that a member of the Armed Forces accused of committing a sexual assault 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 separation.“(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 substantiated sexual assault or was admitted to the Armed Forces under a moral waiver granted with respect to prior sexual misconduct.“(4) The case synopsis shall indicate the branch of the Armed Forces of each member accused of committing a sexual assault and the branch of the Armed Forces of each member who is a victim of a sexual assault.“(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 alcohol was involved in any way in a substantiated sexual assault incident.“(g)Coordination of Release Date Between Annual Reports Regarding Sexual Assaults and Family 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 Representatives simultaneously with the Family Advocacy Program report for that year regarding child abuse and domestic violence, as required by section 574 of the National Defense Authorization Act for Fiscal Year 2017 [Pub. L. 114–328, 130 Stat. 2141].

Notes of Decisions

Cited in 1 case, 1992–1992 · leading case: Rogers v. United States, 26 Cl. Ct. 1023 (Ct. Cl. 1992).

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Rogers v. United States, 26 Cl. Ct. 1023 (Ct. Cl. 1992). “RUSCC 6(b) provides in pertinent part: When by these rules .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.