(a) Policy required
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe a policy applicable to covered administrative investigations. Such policy shall include—
standard timelines for initiation, investigation, legal review, command action, and final disposition of covered administrative investigations;
a requirement that an extension of a standard timeline described in paragraph (1) be approved by an appropriate official in writing that includes an explanation of the reasons for the extension, an identification of the investigative steps remaining, and an expected date of completion of those steps;
a requirement that any covered administrative investigation of a member of the Armed Forces that includes the suspension of a favorable personnel action for such member during the period of investigation—
that is open for 90 days or more may only continue if the investigation is approved by the first general officer, flag officer, or member of the Senior Executive Service in the chain of command of the member of the Armed Forces that is the subject of such investigation; and
is reviewed not less than once every 30 days during the period of investigation to determine whether such suspension is necessary and narrowly tailored to address the particular concern being investigated;
a requirement that prior to initiation of a covered administrative investigation, or continuation of a closed covered administrative investigation, based substantially on allegations occurring outside of an applicable reporting period, the investigating authority make a determination in writing as to—
the reason for the delay in reporting such allegations;
the availability and reliability of witnesses;
the availability of documentary or electronic evidence;
whether a complete and fair inquiry can be conducted; and
whether an alternative to an investigation is more appropriate;
a requirement that a member who is the subject of a covered administrative investigation be given reasonable opportunity to provide evidence and identify witnesses;
a requirement that a member who is the subject of a covered administrative investigation be given written notice of proposed actions, findings, recommendations, and supporting evidence prior to a final adverse administrative action;
a requirement that investigators assigned to a covered administrative investigation be screened for potential conflicts of interest prior to being so assigned;
a requirement that a member who is the subject a covered administrative investigation be given an opportunity to request relief from a suspension of a favorable personnel action for purposes of a permanent change of station, reassignment, military schooling, retirement, or other personnel action when no derogatory finding has been made within the standard timelines required by paragraph (1); and
a requirement that the Secretaries of the military departments regularly review policy and practices with respect to covered administrative investigations to ensure such investigations comply with the requirements of this section and other applicable laws and policies.
(b) Report
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of the policy required by subsection (a), including—
the number of covered administrative investigations initiated during the preceding fiscal year;
the number of such investigations exceeding 30, 60, 90, and 180 days in length;
the number of such investigations that included a suspension of favorable personnel action during the period of the investigation;
the number of such investigations that resulted in a delay of a permanent change of station, reassignment, military schooling, retirement, or other personnel action;
the number of such investigations resulting in substantiated, partially substantiated, unsubstantiated, or dismissed findings;
the average and median duration of covered administrative investigations by military department;
the number of such investigations based substantially on allegations reported outside an applicable regulatory reporting period;
the number of covered administrative investigations reviewed for consistency with this section and other applicable laws and policies; and
recommendations for legislative or administrative action.
(c) Covered administrative investigation defined
In this section, the term covered administrative investigation means any non-criminal inquiry or investigation that results in or is reasonably like to result in—
suspension of a favorable personnel action during the period of investigation or as a result of the investigation;
delay or denial of permanent change of station, reassignment, military schooling, retirement, or other personnel action;
adverse administrative action;
filing of adverse information in the personnel file of the member; or
other material career impact, as determined by the Secretary concerned.