DEPARTMENT OF DEFENSE POLICIES AND PROCEDURES ON DISCRIMINATION AND SEXUAL HARASSMENT.

SEC. 532. DEPARTMENT OF DEFENSE POLICIES AND PROCEDURES ON DISCRIMINATION AND SEXUAL HARASSMENT. (a) Report of Task Force.— (1) The Department of Defense Task Force on Discrimination and Sexual Harassment, constituted by the Secretary of Defense on March 15, 1994, shall transmit a report of its findings and recommendations to the Secretary of Defense not later than October 1, 1994. (2) The Secretary shall transmit to Congress the report of the task force not later than October 10, 1994. (b) Secretarial Review.— Not later than 45 days after receiving the report under subsection (a), the Secretary shall— (1) review the recommendations for action contained in the report; (2) determine which recommendations the Secretary approves for implementation and which recommendations the Secretary disapproves; and (3) submit to Congress a report that— (A) identifies the approved recommendations and the disapproved recommendations; and (B) explains the reasons for each such approval and disapproval. (c) Comprehensive DOD Policy.— (1) Based on the approved recommendations of the task force and such other factors as the Secretary considers appropriate, the Secretary shall develop a comprehensive Department of Defense policy for processing complaints of sexual harassment and discrimination involving members of the Armed Forces under the jurisdiction of the Secretary. (2) The Secretary shall issue policy guidance for the implementation of the comprehensive policy and shall require the Secretaries of the military departments to prescribe regulations to implement that policy not later than March 1, 1995. (3) The Secretary shall ensure that the policy is implemented uniformly by the military departments insofar as practicable. (4) Not later than March 31, 1995, the Secretary of Defense shall submit to Congress a proposal for any legislation necessary to enhance the capability of the Department of Defense to address the issues of unlawful discrimination and sexual harassment. (d) Military Department Policies.— (1) The Secretary of the Navy and the Secretary of the Air Force shall review and revise the regulations of the Department of the Navy and the Department of the Air Force, respectively, relating to equal opportunity policy and procedures in that Department for the making of, and responding to, complaints of unlawful discrimination and sexual harassment in order to ensure that those regulations are substantially equivalent to the regulations of the Department of the Army on such matters. (2) In revising regulations pursuant to paragraph (1), the Secretary of the Navy and the Secretary of the Air Force may make such additions and modifications as the Secretary of Defense determines appropriate to strengthen those regulations beyond the substantial equivalent of the Army regulations in accordance with— (A) the approved recommendations of the Department of Defense Task Force on Discrimination and Sexual Harassment; and 108 STAT. 2760 (B) the experience of the Army, Navy, Air Force, and Marine Corps regarding equal opportunity cases. (3) The Secretary of the Army shall review the regulations of the Department of the Army relating to equal opportunity policy and complaint procedures and revise the regulations as the Secretary of Defense considers appropriate to strengthen the regulations in accordance with the recommendations and experience described in subparagraphs (A) and (B) of paragraph (2). (e) Report of Advisory Board.— (1) The Secretary of Defense shall direct the Advisory Board on the Investigative Capability of the Department of Defense, established by the Secretary of Defense in November 1993, to include in its report to the Secretary (scheduled to be transmitted to the Secretary during December 1994)— (A) the recommendations of the Advisory Board as to whether the current Department of Defense organizational structure is adequate to oversee all investigative matters related to unlawful discrimination, sexual harassment, and other misconduct related to the gender of the victim; and (B) recommendations as to whether additional data collection and reporting procedures are needed to enhance the ability of the Department of Defense to respond to unlawful discrimination, sexual harassment, and other misconduct related to the gender of the victim. (2) The Secretary shall transmit to Congress the report of the Advisory Board not later than 15 days after receiving the report. (f) Performance Evaluation Standards for Members of the Armed Forces.— The Secretary of Defense shall ensure that Department of Defense regulations governing consideration of equal opportunity matters in evaluations of the performance of members of the Armed Forces include provisions requiring as a factor in such evaluations consideration of a member’s commitment to elimination of unlawful discrimination or of sexual harassment in the Armed Forces.