[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2870 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2870

 To amend title 10, United States Code, to prevent retaliation in the 
                   military, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2016

 Mrs. McCaskill (for herself and Mrs. Ernst) 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 prevent retaliation in the 
                   military, 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.

    This Act may be cited as the ``Military Retaliation Prevention 
Act''.

SEC. 2. PUNITIVE ARTICLE ON RETALIATION UNDER THE UNIFORM CODE OF 
              MILITARY JUSTICE.

    (a) Punitive Article.--Subchapter X of chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice), is amended 
by inserting after section 133 (article 133) the following new section 
(article):
``Sec. 933a. Art. 133a. Retaliation
    ``(a) In General.--Any person subject to this chapter who, with the 
intent to retaliate against any person for reporting or planning to 
report a criminal offense, or making or planning to make a protected 
communication, or with the intent to discourage any person from 
reporting a criminal offense or making a protected communication--
            ``(1) wrongfully takes or threatens to take an adverse 
        personnel action against any person; or
            ``(2) wrongfully withholds or threatens to withhold a 
        favorable personnel action with respect to any person;
shall be punished as a court-martial may direct.
    ``(b) Definitions.--In this section:
            ``(1) The term `protected communication' means the 
        following:
                    ``(A) A lawful communication to a Member of 
                Congress or an Inspector General.
                    ``(B) A communication to a covered individual or 
                organization in which a member of the armed forces 
                complains of, or discloses information that the member 
                reasonably believes constitutes evidence of, any of the 
                following:
                            ``(i) A violation of law or regulation, 
                        including a law or regulation prohibiting 
                        sexual harassment or unlawful discrimination.
                            ``(ii) Gross mismanagement, a gross waste 
                        of funds, an abuse of authority, or a 
                        substantial and specific danger to public 
                        health or safety.
            ``(2) The term `Inspector General' has the meaning given 
        that term in section 1034(h) of this title.
            ``(3) The term `covered individual or organization' means 
        any recipient of a communication specified in clauses (i) 
        through (v) of section 1034(b)(1)(B) of this title.
            ``(4) The term `unlawful discrimination' means 
        discrimination on the basis of race, color, religion, sex, or 
        national origin.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter X of chapter 47 of such title is amended by inserting after 
the item relating to section 933 (article 133) the following new item:

``933a. Art. 133a. Retaliation.''.

SEC. 3. REPORT TO COMPLAINANTS OF RESOLUTION OF INVESTIGATIONS INTO 
              RETALIATION.

    (a) Report Required.--
            (1) In general.--Under regulations prescribed by the 
        Secretary of Defense, the results of an investigation by an 
        office, element, or personnel of the Department of Defense or 
        the Armed Forces of a complaint by a member of the Armed Forces 
        of retaliation shall be reported to the member, including 
        whether the complaint was substantiated, unsubstantiated, or 
        dismissed.
            (2) Members of coast guard.--The Secretary of Homeland 
        Security shall provide in a similar manner for reports on the 
        results of investigations by offices, elements, or personnel of 
        the Department of Homeland Security or the Coast Guard of such 
        complaints made by members of the Coast Guard when it is not 
        operating as a service in the Navy.
    (b) Retaliation Defined.--In this section, the term ``retaliation'' 
has the meaning given the term by the Secretary of Defense in the 
strategy required by section 539 of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 818) or a 
subsequent meaning specified by the Secretary.

SEC. 4. TRAINING FOR DEPARTMENT OF DEFENSE PERSONNEL ON SEXUAL ASSAULT 
              TRAUMA IN INDIVIDUALS CLAIMING RETALIATION IN CONNECTION 
              WITH REPORTS OF SEXUAL ASSAULT IN THE ARMED FORCES.

    (a) In General.--The Secretary of Defense shall ensure that the 
personnel of the Department of Defense specified in subsection (b) who 
investigate claims of retaliation in connection with reports of sexual 
assault in the Armed Forces receive training on the nature and 
consequences of sexual assault trauma. The training shall include such 
elements as the Secretary shall specify for purposes of this section.
    (b) Personnel.--The personnel of the Department of Defense 
specified in this subsection are the following:
            (1) Personnel of military criminal investigation services.
            (2) Personnel of Inspectors General offices.
            (3) Personnel of any command of the Armed Forces who are 
        assignable by the commander of such command to investigate 
        claims of retaliation made by or against members of such 
        command.
    (c) Retaliation Defined.--In this section, the term ``retaliation'' 
has the meaning given the term by the Secretary of Defense in the 
strategy required by section 539 of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 818) or a 
subsequent meaning specified by the Secretary.

SEC. 5. INCLUSION IN ANNUAL REPORTS ON SEXUAL ASSAULT PREVENTION AND 
              RESPONSE EFFORTS OF THE ARMED FORCE OF INFORMATION ON 
              COMPLAINTS OF RETALIATION IN CONNECTION WITH REPORTS OF 
              SEXUAL ASSAULT IN THE ARMED FORCES.

    Section 1631(b) of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended by adding at 
the end the following new paragraph:
            ``(12) Information on each claim of retaliation in 
        connection with a report of sexual assault in the Armed Forces 
        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).''.

SEC. 6. METRICS FOR EVALUATING THE EFFORTS OF THE ARMED FORCES TO 
              PREVENT AND RESPOND TO RETALIATION IN CONNECTION WITH 
              REPORTS OF SEXUAL ASSAULT IN THE ARMED FORCES.

    (a) Metrics Required.--The Sexual Assault Prevention and Response 
Office of the Department of Defense shall establish and issue to the 
military departments metrics to be used to evaluate the efforts of the 
Armed Forces to prevent and respond to retaliation in connection with 
reports of sexual assault in the Armed Forces.
    (b) Best Practices.--For purposes of enhancing and achieving 
uniformity in the efforts of the Armed Forces to prevent and respond to 
retaliation in connection with reports of sexual assault in the Armed 
Forces, the Sexual Assault Prevention and Response Office shall 
identify and issue to the military departments best practices to be 
used in the prevention of and response to retaliation in connection 
with such reports.
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