[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1495 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1495
To amend title 10, United States Code, to enhance the prevention of
sexual assault and related offenses in the Armed Forces, to enhance
protections of victims of such offenses, to improve the investigation
and prosecution of such offenses, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2019
Ms. McSally (for herself, Mr. Tillis, Mr. Blunt, Ms. Ernst, Mr. Scott
of Florida, and Mr. Rounds) introduced the following bill; which was
read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to enhance the prevention of
sexual assault and related offenses in the Armed Forces, to enhance
protections of victims of such offenses, to improve the investigation
and prosecution of such offenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Combating Military
Sexual Assault Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PREVENTION AND TRAINING ON SEXUAL ASSAULT IN THE ARMED FORCES
Sec. 101. Training for commanders in the Armed Forces on their role in
all stages of military justice in
connection with sexual assault.
Sec. 102. Training for Sexual Assault Initial Disposition Authorities
on exercise of disposition authority for
sexual assault and collateral offenses.
Sec. 103. Three-year extension of Defense Advisory Committee on
Investigation, Prosecution, and Defense of
Sexual Assault in the Armed Forces.
Sec. 104. Military department grants on research on sexual assault
prevention and reduction efforts at
institutions of higher education.
Sec. 105. Report on expansion of the Close Airman Support team approach
of the Air Force to the other Armed Forces.
TITLE II--SUPPORT OF VICTIMS OF SEXUAL ASSAULT IN THE ARMED FORCES
Sec. 201. Expansion of responsibilities of commanders for victims of
sexual assault committed by another member
of the Armed Forces.
Sec. 202. Availability of Special Victims' Counsel and Special Victim
Prosecutors at military installations.
Sec. 203. Preservation of recourse to Restricted Report on sexual
assault for victims of sexual assault being
investigated following certain victim or
third-party communications.
Sec. 204. Treatment of information in Catch a Serial Offender Program
for certain purposes.
Sec. 205. Report on expansion of Air Force safe to report policy across
the Armed Forces.
TITLE III--INVESTIGATION OF SEXUAL ASSAULT IN THE ARMED FORCES AND
RELATED MATTERS
Sec. 301. Expansion of pre-referral matters reviewable by military
judges and military magistrates in the
interest of efficiency in military justice.
Sec. 302. Increase in number of digital forensic examiners for the
military criminal investigation
organizations.
Sec. 303. Pilot programs on defense investigators in the military
justice system.
Sec. 304. Report on mechanisms to enhance the integration and
synchronization of activities of Special
Victim Investigation and Prosecution
personnel with activities of military
criminal investigation organizations.
TITLE IV--PROSECUTION MATTERS
Sec. 401. Punitive article in the Uniform Code of Military Justice on
sexual harassment affecting the duties,
work, or career of a member of the Armed
Forces.
Sec. 402. Non-binding guidelines on sentences of confinement for
convictions of offenses under the Uniform
Code of Military Justice.
TITLE V--OTHER MATTERS
Sec. 501. Survey of members of the Armed Forces on their experiences
with military investigations and military
justice.
Sec. 502. Annual report on military protective orders.
Sec. 503. Privacy Act exclusion for courts-martial to allow for public
access to dockets, filings, and court
records.
Sec. 504. Report on standardization among the military departments in
collection and presentation of information
on matters within the military justice
system.
TITLE I--PREVENTION AND TRAINING ON SEXUAL ASSAULT IN THE ARMED FORCES
SEC. 101. TRAINING FOR COMMANDERS IN THE ARMED FORCES ON THEIR ROLE IN
ALL STAGES OF MILITARY JUSTICE IN CONNECTION WITH SEXUAL
ASSAULT.
(a) In General.--The training provided commanders in the Armed
Forces shall include comprehensive training on the role of commanders
in all stages of military justice in connection with sexual assaults by
members of the Armed Forces against other members of the Armed Forces.
(b) Elements To Be Covered.--The training provided pursuant to
subsection (a) shall include training on the following:
(1) The role of commanders in each stage of the military
justice process in connection with sexual assault committed by
a member of the Armed Forces against another member, including
investigation and prosecution.
(2) The role of commanders in assuring that victims in
sexual assault described in paragraph (1) are informed of, and
have the opportunity to obtain, assistance available for
victims of sexual assault by law.
(3) The role of commanders in assuring that victims in
sexual assault described in paragraph (1) are afforded the due
process rights and protections available to victims by law.
(4) The role of commanders in preventing retaliation
against victims, their family members, witnesses, first
responders, and bystanders for their complaints, statements,
testimony, and status in connection with sexual assault
described in paragraph (1), including the role of commanders in
ensuring that subordinates in the command are aware of their
responsibilities in preventing such retaliation.
(5) The role of commanders in establishing and maintaining
a healthy command climate in connection with reporting on
sexual assault described in paragraph (1) and in the response
of the commander, subordinates in the command, and other
personnel in the command to such sexual assault, such
reporting, and the military justice process in connection with
such sexual assault.
(6) Any other matters on the role of commanders in
connection with sexual assault described in paragraph (1) that
the Secretary of Defense considers appropriate for purposes of
this section.
(c) Incorporation of Best Practices.--
(1) In general.--The training provided pursuant to
subsection (a) shall incorporate best practices on all matters
covered by the training.
(2) Identification of best practices.--The Secretaries of
the military departments shall, acting through the training and
doctrine commands of the Armed Forces, undertake from time to
time surveys and other reviews of the matters covered by the
training provided pursuant to subsection (a) in order to
identify and incorporate into such training the most current
practicable best practices on such matters.
(d) Uniformity.--The Secretary of Defense shall ensure that the
training provided pursuant to subsection (a) is, to the extent
practicable, uniform across the Armed Forces.
SEC. 102. TRAINING FOR SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITIES
ON EXERCISE OF DISPOSITION AUTHORITY FOR SEXUAL ASSAULT
AND COLLATERAL OFFENSES.
(a) In General.--The training for Sexual Assault Initial
Disposition Authorities (SAIDAs) on the exercise of disposition
authority under chapter 47, United States Code (the Uniform Code of
Military Justice), with respect to cases for which disposition
authority is withheld to such Authorities by the April 20, 2012,
memorandum of the Secretary of Defense, or any successor memorandum,
shall include comprehensive training on the exercise by such
Authorities of such authority with respect to such cases in order to
enhance the capabilities of such Authorities in the exercise of such
authority and thereby promote confidence and trust in the military
justice process with respect to such cases.
(b) Memorandum of Secretary of Defense.--The April 20, 2012,
memorandum of the Secretary of Defense referred to in subsection (a) is
the memorandum of the Secretary of Defense entitled ``Withholding
Initial Disposition Authority Under the Uniform Code of Military
Justice in Certain Sexual Assault Cases'' and dated April 20, 2012.
SEC. 103. THREE-YEAR EXTENSION OF DEFENSE ADVISORY COMMITTEE ON
INVESTIGATION, PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT
IN THE ARMED FORCES.
(a) Extension.--Subsection (f)(1) of section 546 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 1561 note) is amended
by striking ``5 years'' and inserting ``8 years''.
(b) Annual Report.--
(1) In general.--Subsection (e) of such section is amended
by inserting ``until the Advisory Committee terminates under
subsection (f)'' after ``March 30 each year''.
(2) Statutory construction.--The annual report described in
section 546(e) of such Act, as amended by paragraph (1), shall
be required to be submitted during the period specified in such
section, as so amended, notwithstanding section 1061(d)(1) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 111 note) or any other provision
of law.
SEC. 104. MILITARY DEPARTMENT GRANTS ON RESEARCH ON SEXUAL ASSAULT
PREVENTION AND REDUCTION EFFORTS AT INSTITUTIONS OF
HIGHER EDUCATION.
(a) In General.--Each Secretary of a military department shall,
using amounts described in subsection (f), make one or more grants to
appropriate non-Federal public or private entities for research on
sexual assault prevention and reduction efforts at institutions of
higher education for purposes of identifying best practices among such
efforts for dissemination to, and use at, the military service
academies and other institutions of higher education in order to
enhance prevention or reduction of incidents of sexual assault among
students of such institutions.
(b) Requirements and Limitations.--
(1) Competitive award.--Any grant awarded pursuant to
subsection (a) shall be awarded on a competitive basis.
(2) Amount of grants.--The aggregate amounts of grants
awarded by a Secretary pursuant to subsection (a) in any fiscal
year may not exceed $________.
(c) Use of Grant Amounts.--An entity awarded a grant pursuant to
subsection (a) shall use the grant amount for research for purposes
specified in that subsection.
(d) Report.--Each grant awarded pursuant to subsection (a) shall
require the recipient to submit to the Secretary of the military
department concerned a report on the results of the research undertaken
by the recipient using such grant.
(e) Use of Results.--
(1) Sharing of results.--Each Secretary of a military
department shall share the results of research undertaken
through grants awarded by such Secretary pursuant to subsection
(a) with the other Secretaries of the military departments. The
purpose of such sharing shall be for the Secretaries of the
military department to jointly determine best practices among
sexual assault prevention and reduction efforts at institutions
of higher education.
(2) Use at military service academies.--Each Secretary of a
military department shall use best practices identified
pursuant to paragraph (1) at the military service academy under
the jurisdiction of such Secretary, modified as such Secretary
considers appropriate for the unique circumstances of such
military service academy.
(3) Further dissemination.--The Secretaries of the military
department shall jointly disseminate to institutions of higher
education the following:
(A) The best practices identified pursuant to
paragraph (1).
(B) Such other information on sexual assault
prevention and reduction efforts at institutions of
higher education as the Secretaries jointly consider
appropriate in light of the research undertaken through
grants awarded pursuant to subsection (a).
(f) Funding.--Amounts for grants under this section in a fiscal
year shall be derived from amounts authorized to be appropriated for
that fiscal year for military personnel.
SEC. 105. REPORT ON EXPANSION OF THE CLOSE AIRMAN SUPPORT TEAM APPROACH
OF THE AIR FORCE TO THE OTHER ARMED FORCES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretaries of the military departments
shall jointly submit to the Committees on Armed Services of the Senate
and the House of Representatives a report setting forth an assessment
of the Secretaries of the feasibility and advisability of expanding the
Close Airman Support (CAS) team approach of the Air Force to the other
Armed Forces under the jurisdiction of such Secretaries.
(b) Close Airman Support Team Approach.--The Close Airman Support
team approach of the Air Force referred to in subsection (a) is an
approach by which personnel associated with an Air Force squadron, and
led by a senior enlisted member of the squadron, take actions to
improve relationships and communication among members of the squadron
in order to promote positive social behaviors among such members as a
squadron, including an embrace of proactive pursuit of needed
assistance.
(c) Scope of Report.--If the Secretaries determine that expansion
of the Close Airman Support team approach to the other Armed Forces is
feasible and advisable, the report under subsection (a) shall include a
description of the manner in which the approach will be carried out in
the other Armed Forces, including the manner, if any, in which the
approach will be modified in the other Armed Forces to take into
account the unique circumstances of such Armed Forces.
TITLE II--SUPPORT OF VICTIMS OF SEXUAL ASSAULT IN THE ARMED FORCES
SEC. 201. EXPANSION OF RESPONSIBILITIES OF COMMANDERS FOR VICTIMS OF
SEXUAL ASSAULT COMMITTED BY ANOTHER MEMBER OF THE ARMED
FORCES.
(a) Notification of Victims of Events in Military Justice
Process.--
(1) Notification required.--The commander of a member of
the Armed Forces who is the alleged victim of sexual assault
committed by another member of the Armed Forces shall provide
notification to such alleged victim of every key or other
significant event in the military justice process in connection
with the investigation, prosecution, and confinement of such
other member for sexual assault.
(2) Documentation.--Each commander described in paragraph
(1) shall create and maintain appropriate documentation on any
notification provided as described in that paragraph.
(b) Documentation of Victim's Preference on Jurisdiction in
Prosecution.--In the case of a member of the Armed Forces who is the
alleged victim of sexual assault committed by another member of the
Armed Forces who is subject to prosecution for such offense both by
court-martial under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), and by a civilian court under State
law, the commander of such alleged victim shall create and maintain
appropriate documentation of the expressed preference, if any, of such
alleged victim for prosecution of such offense by court-martial or by a
civilian court as provided for by Rule 306(e) of the Rules for Court-
Martial.
(c) Regulations.--The Secretary of Defense shall prescribe in
regulations the requirements applicable to each of the following:
(1) Notifications under subsection (a)(1).
(2) Documentation under subsection (a)(2).
(3) Documentation under subsection (b).
SEC. 202. AVAILABILITY OF SPECIAL VICTIMS' COUNSEL AND SPECIAL VICTIM
PROSECUTORS AT MILITARY INSTALLATIONS.
(a) Deadline for Availability.--
(1) In general.--If an individual specified in paragraph
(2) is not available at a military installation for access by a
member of the Armed Forces who requests access to such an
individual, such an individual shall be made available at such
installation for access by such member by not later than 48
hours after such request.
(2) Individuals.--The individuals specified in this
paragraph are the following:
(A) Special Victims' Counsel (SVC).
(B) Special Victim Prosecutor (SVP).
(b) Report on Civilian Support of SVCs.--Not later than 180 days
after the date of the enactment of this Act, each Secretary of a
military department shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report setting forth the
assessment of such Secretary of the feasibility and advisability of
establishing and maintaining at each installation under the
jurisdiction of such Secretary with a Special Victims' Counsel one or
more civilian positions for the purpose of--
(1) providing support to such Special Victims' Counsel; and
(2) ensuring continuity and the preservation of
institutional knowledge in transitions between the service of
individuals as Special Victims' Counsel at such installation.
SEC. 203. PRESERVATION OF RECOURSE TO RESTRICTED REPORT ON SEXUAL
ASSAULT FOR VICTIMS OF SEXUAL ASSAULT BEING INVESTIGATED
FOLLOWING CERTAIN VICTIM OR THIRD-PARTY COMMUNICATIONS.
(a) In General.--A member of the Armed Forces who is the victim of
a sexual assault that is or may be investigated as a result of a
communication described in subsection (b) may elect to have the
member's reporting on such sexual assault be treated as a Restricted
Report without regard to the party initiating or receiving such
communication.
(b) Communication.--A communication described in this subsection is
a communication on a sexual assault as follows:
(1) By the member concerned to a member of the Armed Forces
in the chain of command of such member, whether a commissioned
officer or a noncommissioned officer.
(2) By the member concerned to military law enforcement
personnel or personnel of a military criminal investigation
organization (MCIO).
(3) By any individual other than the member concerned.
SEC. 204. TREATMENT OF INFORMATION IN CATCH A SERIAL OFFENDER PROGRAM
FOR CERTAIN PURPOSES.
(a) Exclusion From FOIA.--Section 552 of title 5, United States
Code (commonly referred to as the ``Freedom of Information Act''),
shall not apply to any report for purposes of the Catch a Serial
Offender (CATCH) Program.
(b) Preservation of Restricted Report.--The transmittal or receipt
in connection with the Catch a Serial Offender Program of a report on a
sexual assault that is treated as a Restricted Report shall not operate
to terminate its treatment or status as a Restricted Report.
SEC. 205. REPORT ON EXPANSION OF AIR FORCE SAFE TO REPORT POLICY ACROSS
THE ARMED FORCES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretaries of the military departments and the Secretary of
Homeland Security, submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting forth an
assessment of the feasibility and advisability of expanding the
applicability of the safe to report policy described in subsection (b)
so that the policy applies across the Armed Forces.
(b) Safe To Report Policy.--The safe to report policy described in
this subsection is the policy, currently applicable in the Air Force
alone, under which a member of the Armed Forces who is the alleged
victim of sexual assault committed by another member of the Armed
Forces, but who may have committed minor collateral misconduct at or
about the time of such sexual assault, or whose minor collateral
misconduct at or about such time is discovered only as a result of the
investigation into such sexual assault, may report such sexual assault
to proper authorities without fear or receipt of discipline in
connection with such minor collateral misconduct.
TITLE III--INVESTIGATION OF SEXUAL ASSAULT IN THE ARMED FORCES AND
RELATED MATTERS
SEC. 301. EXPANSION OF PRE-REFERRAL MATTERS REVIEWABLE BY MILITARY
JUDGES AND MILITARY MAGISTRATES IN THE INTEREST OF
EFFICIENCY IN MILITARY JUSTICE.
(a) In General.--Subsection (a) of section 830a of title 10, United
States Code (article 30a of the Uniform Code of Military Justice), is
amended by striking paragraphs (1) and (2) and inserting the following
new paragraphs:
``(1) The President shall prescribe regulations for matters
relating to proceedings conducted before referral of charges and
specifications to court-martial for trial, including the following:
``(A) Pre-referral investigative subpoenas.
``(B) Pre-referral warrants or orders for electronic
communications.
``(C) Pre-referral matters referred by an appellate court.
``(D) Pre-referral matters under subsection (c) or (e) of
section 806b of this title (article 6b).
``(E) Pre-referral matters relating to the following:
``(i) Pre-trial confinement of an accused.
``(ii) The mental capacity or responsibility of an
accused.
``(iii) A request for an individual military
counsel.
``(2) In addition to the matters specified in paragraph (1), the
regulations prescribed under that paragraph shall--
``(A) set forth the matters that a military judge may rule
upon in such proceedings;
``(B) include procedures for the review of such rulings;
``(C) include appropriate limitations to ensure that
proceedings under this section extend only to matters that
would be subject to consideration by a military judge in a
general or special court-martial;
``(D) provide such limitations on the relief that may be
ordered under this section as the President considers
appropriate; and
``(E) provide for treatment of such other pre-referral
matters as the President may prescribe.''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 830a. Art. 30a. Proceedings conducted before referral''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter VI of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended
by striking the item relating to section 830a (article 30a) and
inserting the following new item:
``830a. 30a. Proceedings conducted before referral.''.
SEC. 302. INCREASE IN NUMBER OF DIGITAL FORENSIC EXAMINERS FOR THE
MILITARY CRIMINAL INVESTIGATION ORGANIZATIONS.
(a) In General.--Each Secretary of a military department shall take
appropriate actions to increase the number of digital forensic
examiners in each military criminal investigation organization (MCIO)
under the jurisdiction of such Secretary by not fewer than 10 from the
authorized number of such examiners for such organization as of
September 30, 2019.
(b) Military Criminal Investigation Organizations.--For purposes of
this section, the military criminal investigation organizations are the
following:
(1) The Army Criminal Investigation Command.
(2) The Naval Criminal Investigative Service.
(3) The Air Force Office of Special Investigations.
(4) The Marine Corps Criminal Investigation Division.
(c) Funding.--Funds for additional digital forensic examiners as
required by subsection (a) for fiscal year 2020, including for
compensation, initial training, and equipment, shall be derived from
amounts authorized to be appropriated for that fiscal year for the
Armed Force concerned for operation and maintenance.
SEC. 303. PILOT PROGRAMS ON DEFENSE INVESTIGATORS IN THE MILITARY
JUSTICE SYSTEM.
(a) In General.--Each Secretary of a military department shall
carry out a pilot program on defense investigators within the military
justice system under the jurisdiction of such Secretary in order to do
the following:
(1) Determine whether the presence of defense investigators
within such military justice system will--
(A) make such military justice system more
effective in determining the truth; and
(B) make such military justice system more fair and
efficient.
(2) Otherwise assess the feasibility and advisability of
defense investigators as an element of such military justice
system.
(b) Elements.--
(1) Model of similar civilian criminal justice systems.--
Defense investigators under each pilot program under subsection
(a) shall consist of personnel, and participate in the military
justice system concerned, in a manner similar to that of
defense investigators in civilian criminal justice systems that
are similar to the military justice systems of the military
departments.
(2) Interview of victim.--A defense investigator may
question a victim under a pilot program only upon a request
made through the Special Victims' Counsel or other counsel of
the victim, or trial counsel if the victim does not have such
counsel.
(3) Uniformity across military justice systems.--The
Secretary of Defense shall ensure that the personnel and
activities of defense investigators under the pilot programs
are, to the extent practicable, uniform across the military
justice systems of the military departments.
(c) Report.--
(1) In general.--Not later than three years after the date
of the enactment of this Act, the Secretary of Defense shall,
in consultation with the Secretaries of the military
departments, submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the pilot
programs under subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of each pilot program, including
the personnel and activities of defense investigators
under such pilot program.
(B) An assessment of the feasibility and
advisability of establishing and maintaining defense
investigators as an element of the military justice
systems of the military departments.
(C) If the assessment under subparagraph (B) is
that the establishment and maintenance of defense
investigators as an element of the military justice
systems of the military departments is feasible and
advisable, such recommendations for legislative and
administrative action as the Secretary of Defense
considers appropriate to establish and maintain defense
investigators as an element of the military justice
systems.
(D) Any other matters the Secretary of Defense
considers appropriate.
SEC. 304. REPORT ON MECHANISMS TO ENHANCE THE INTEGRATION AND
SYNCHRONIZATION OF ACTIVITIES OF SPECIAL VICTIM
INVESTIGATION AND PROSECUTION PERSONNEL WITH ACTIVITIES
OF MILITARY CRIMINAL INVESTIGATION ORGANIZATIONS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall, in consultation with the
Secretaries of the military departments, submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
setting forth proposals for various mechanisms to enhance the
integration and synchronization of activities of Special Victim
Investigation and Prosecution (SVIP) personnel with activities of
military criminal investigation organizations (MCIOs) in investigations
in which both such personnel are or may be involved. If the proposed
mechanisms require legislative or administration action for
implementation, the report shall set forth such recommendations for
such action as the Secretary of Defense considers appropriate.
TITLE IV--PROSECUTION MATTERS
SEC. 401. PUNITIVE ARTICLE IN THE UNIFORM CODE OF MILITARY JUSTICE ON
SEXUAL HARASSMENT AFFECTING THE DUTIES, WORK, OR CAREER
OF A MEMBER OF THE ARMED FORCES.
(a) In General.--Subchapter X of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
inserting after section 920c (article 120c) the following new section
(article):
``Sec. 920d. Art. 120d. Sexual harassment affecting the duties, work,
or career of a member of the armed forces
``(a) In General.--Any person subject to this chapter who, under
any condition specified in subsection (b), commits sexual harassment of
a member of an armed force shall be punished as a court-martial may
direct.
``(b) Conditions Specified.--The conditions referred to in
subsection (a) are any of the following:
``(1) The accused, implicitly or explicitly, communicates
to the member that submission by the member to the harassment
is necessary--
``(A) to prevent adverse effects on the assignment,
advancement, duties, or working conditions of the
member; or
``(B) to assure positive effects on the assignment,
advancement, duties, or working conditions of the
member.
``(2) The accused, because of any response (by submission,
rejection, or otherwise) of the member to the harassment, takes
any action to affect, positively or negatively, the assignment,
advancement, duties, or working conditions of the member.
``(3) The purpose of the harassment is to create an
intimidating, hostile, or offensive work environment for the
member or the harassment is carried out in a manner that would
cause a reasonable person to perceive that the work environment
is intimidating, hostile, or offensive.
``(4) The purpose of the harassment is to interfere with
the duties or work performance of the member or the harassment
is carried out in a manner that would interfere with the duties
or work performance of a reasonable person.
``(c) Condonation by Superior.--Any person subject to this chapter
who--
``(1) has a command or supervisory responsibility for a
member of an armed force; and
``(2) condones or permits to occur any violation of
subsection (a) with respect to the member,
shall be punished as a court-martial may direct.
``(d) Military Connection.--Sexual harassment under subsection (a)
and condonation under subsection (c) are offenses--
``(1) if committed in any circumstance with a connection to
the military status of the member involved; and
``(2) whether or not the conduct takes place during
official duty hours or at an official duty station or place of
work.
``(e) Sexual Harassment Defined.--In this section (article), the
term `sexual harassment' means, with respect to a member of an armed
force, any unwelcome--
``(1) sexual advance;
``(2) request for sexual favors;
``(3) comment of a sexual nature; or
``(4) gesture of a sexual nature.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter X of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), is amended by inserting after the item
relating to section 920c (article 120c) the following new item:
``920d. 120d. Sexual harassment affecting the duties, work, or career
of a member of the armed forces.''.
SEC. 402. NON-BINDING GUIDELINES ON SENTENCES OF CONFINEMENT FOR
CONVICTIONS OF OFFENSES UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) In General.--The Military Justice Review Panel shall establish
and from time to time revise guidelines on the following:
(1) The range of sentences of confinement appropriate for
imposition upon conviction for each offense specified in
subchapter X of chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), for which confinement is an
authorized sentence.
(2) The parameters and criteria to be taken into account in
imposing a sentence of confinement upon conviction for each
such offense.
(b) Considerations.--In establishing and revising guidelines
pursuant to this section, the Military Justice Review Panel shall take
into consideration data on the administration of justice under the
military justice system, including sentencing data collected as
described in section 946(f)(2) of title 10, United States Code (article
146(f)(2) of the Uniform Code of Military Justice), as amended by
subsection (d).
(c) Non-Binding Nature of Guidelines.--The guidelines established
pursuant to this section shall not be binding.
(d) Conforming Amendment.--Section 946(f)(2) of title 10, United
States Code (article 146(f)(2) of the Uniform Code of Military
Justice), is amended by inserting ``and periodically thereafter,''
after ``During fiscal year 2020,''.
(e) Military Justice Review Panel Defined.--In this section, the
term ``Military Justice Review Panel'' means the panel established
pursuant to section 946 of title 10, United States Code (article 146 of
the Uniform Code of Military Justice).
TITLE V--OTHER MATTERS
SEC. 501. SURVEY OF MEMBERS OF THE ARMED FORCES ON THEIR EXPERIENCES
WITH MILITARY INVESTIGATIONS AND MILITARY JUSTICE.
(a) In General.--Chapter 23 of title 10, United States Code, is
amended by inserting after section 481a the following new section:
``Sec. 481b. Military investigation and justice experiences: survey of
members of the armed forces
``(a) Surveys Required.--(1) The Secretary of Defense shall conduct
from time to time a survey on the experiences of members of the armed
forces with military investigations and military justice in accordance
with this section and guidance issued by the Secretary for purposes of
this section.
``(2) The survey under this section shall be known as the `Military
Investigation and Justice Experience Survey'.
``(b) Matters Covered by Survey.--The guidance issued by the
Secretary under this section on the survey shall include specification
of the following:
``(1) The individuals to be surveyed, including any member
of the armed forces serving on active duty who is a victim of
an alleged sex-related offense and who made an unrestricted
report of that offense.
``(2) The matters to be covered in the survey, including--
``(A) the experience of the individuals surveyed
with the military criminal investigative organization
that investigated the alleged offense, and with the
Special Victims' Counsel in the case of a member who
was the victim of an alleged sex-related offense; and
``(B) if the individual's report resulted in a
charge or charges that were referred to a court-
martial, the experience of the individual with the
prosecutor and the court-martial in general.
``(3) The timing of the administration of the survey,
including when the investigation or case is closed or otherwise
complete.
``(c) Frequency of Survey.--The survey required by this section
shall be conducted at least once every four years, but not more
frequently than once every two years.
``(d) Definitions.--In this section:
``(1) Alleged sex-related offense.--The term `alleged sex-
related offense' has the meaning provided in section 1044e(g)
of this title.
``(2) Unrestricted report.--The term `unrestricted report'
means a report that is not a restricted report.
``(3) Restricted report.--The term `restricted report'
means a report concerning a sexual assault that is treated as a
restricted report under section 1565b(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of such title is amended by inserting after the item
relating to section 481a the following new item:
``481b. Military investigation and justice experiences: survey of
members of the armed forces.''.
SEC. 502. ANNUAL REPORT ON MILITARY PROTECTIVE ORDERS.
(a) Report Required.--Chapter 80 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 1567b. Annual report on military protective orders
``Not later than March 1, 2020, and each year thereafter through
2024, the Secretary of Defense shall submit to the congressional
defense committees a report that specifies each of the following:
``(1) The number of military protective orders issued in
the calendar year preceding the year in which the report is
submitted.
``(2) The number of such orders that were reported to
appropriate civilian authorities in accordance with section
1567a(a) of this title in such year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 80 of such title is amended by adding after the item relating
to section 1567a the following new item:
``1567b. Annual report on military protective orders.''.
SEC. 503. PRIVACY ACT EXCLUSION FOR COURTS-MARTIAL TO ALLOW FOR PUBLIC
ACCESS TO DOCKETS, FILINGS, AND COURT RECORDS.
(a) In General.--Section 940a of title 10, United States Code
(article 140a of the Uniform Code of Military Justice), is amended--
(1) by striking ``The Secretary of Defense'' and inserting
``(a) In General.--The Secretary of Defense, in consultation
with the Secretary of Homeland Security'';
(2) in subsection (a), as designated by paragraph (1)--
(A) in the matter preceding paragraph (1), by
inserting ``(including with respect to the Coast
Guard)'' after ``military justice system''; and
(B) in paragraph (4), by inserting ``public''
before ``access to docket information''; and
(3) by adding at the end the following new subsections:
``(b) Inapplicability of Privacy Act.--Section 552a of title 5
shall not apply to records of trial produced or distributed within the
military justice system or docket information, filings, and records
made publicly accessible in accordance with the uniform standards and
criteria for conduct established by the Secretary under subsection (a).
``(c) Inapplicability to Certain Dockets and Records.--Nothing in
this section shall be construed to provide public access to docket
information, filings, or records that are classified, subject to a
judicial protective order, or ordered sealed.''.
(b) Existing Standards and Criteria.--The Secretary of Homeland
Security shall apply to the Coast Guard the standards and criteria for
conduct established by the Secretary of Defense under section 940a of
title 10, United States Code (article 140a of the Uniform Code of
Military Justice), as in effect on the day before the date of the
enactment of this Act until such time as the Secretary of Defense, in
consultation with the Secretary of Homeland Security, prescribes
revised standards and criteria for conduct under such section that
implement the amendments made by subsection (a) of this section.
SEC. 504. REPORT ON STANDARDIZATION AMONG THE MILITARY DEPARTMENTS IN
COLLECTION AND PRESENTATION OF INFORMATION ON MATTERS
WITHIN THE MILITARY JUSTICE SYSTEM.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall, in consultation with the
Secretaries of the military departments, submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
setting forth the following:
(1) A plan for actions to provide for standardization, to
the extent practicable, among the military departments in the
collection and presentation of information on matters within
their military justice systems, including information collected
and maintained for purposes of section 940a of title 10, United
States Code (article 140a of the Uniform Code of Military
Justice), and such other information as the Secretary considers
appropriate.
(2) An assessment of the feasibility and advisability of
establishing and maintaining a single, Department of Defense-
wide data management system for the standardized collection and
presentation of information described in paragraph (1).
<all>
Combating Military Sexual Assault Act
#1495 | S Congress #116
Policy Area: Armed Forces and National Security
Subjects: Administrative law and regulatory proceduresAdvisory bodiesAssault and harassment offensesCongressional oversightCrime preventionCrime victimsCrimes against womenCriminal investigation, prosecution, interrogationCriminal justice information and recordsCriminal procedure and sentencingDepartment of DefenseDomestic violence and child abuseDue process and equal protectionGovernment information and archivesGovernment studies and investigationsHigher educationJudicial procedure and administrationLawyers and legal servicesMedical tests and diagnostic methods
Last Action: Read twice and referred to the Committee on Armed Services. (5/15/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text