[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3148 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3148
To improve protections for victims of sexual assault in the Armed
Forces, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2019
Mr. Turner (for himself and Mrs. Davis of California) introduced the
following bill; which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To improve protections for victims of sexual assault in the Armed
Forces, 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 ``Sexual Trauma Ongoing Protections
Act of 2019'' or the ``STOP Act of 2019''.
SEC. 2. COMMAND INFLUENCE UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Article 37.--Section 837 of title 10, United States Code
(article 37 of the Uniform Code of Military Justice), is amended--
(1) in the heading, by striking ``Unlawfully influencing
action of court'' and inserting ``Command influence'';
(2) in subsection (a)--
(A) by striking ``(a) No authority convening a
general, special, or summary court-martial'' and
inserting ``(a)(1) No court-martial convening
authority'';
(B) in paragraph (1) (as designated by subparagraph
(A) of this paragraph), by striking ``proceeding. No
person'' and inserting the following: ``proceeding.
``(3) No person'';
(C) by inserting before paragraph (3) (as
designated by subparagraph (B) of this paragraph) the
following new paragraph:
``(2) No court-martial convening authority, nor any other
commanding officer, may deter or attempt to deter a potential
witness from participating in the investigatory process or
testifying at a court-martial. The denial of a request to
travel at Government expense or refusal to make a witness
available shall not by itself constitute unlawful command
influence.'';
(D) in paragraph (3) (as so designated)--
(i) by inserting ``attempt to'' before
``influence'';
(ii) by striking ``with respect to his
judicial acts'' and inserting ``or preliminary
hearing officer with respect to such acts taken
pursuant to this chapter as prescribed by the
President''; and
(iii) by striking the second sentence; and
(E) by adding at the end the following new
paragraphs:
``(4) Paragraphs (1) through (3) shall not apply with
respect to--
``(A) general instructional or informational
courses in military justice if such courses are
designed solely for the purpose of instructing members
of a command in the substantive and procedural aspects
of courts-martial;
``(B) statements regarding criminal activity or a
particular criminal offense that do not advocate a
particular disposition, or a particular court-martial
finding, or sentence; or
``(C) statements and instructions given in open
court by the military judge or counsel.
``(5)(A) Notwithstanding paragraphs (1) through (3), but
subject to subparagraph (B)--
``(i) a superior convening authority or officer may
generally discuss matters to consider regarding the
disposition of alleged violations of this chapter with
a subordinate convening authority or officer; and
``(ii) a subordinate convening authority or officer
may seek advice from a superior convening authority or
officer regarding the disposition of an alleged offense
under this chapter.
``(B) No superior convening authority or officer may direct
a subordinate convening authority or officer to make a
particular disposition in a specific case or otherwise
substitute the discretion of such authority or such officer for
that of the subordinate convening authority or officer.'';
(3) in subsection (b)--
(A) by striking ``to be advanced, in grade'' and
inserting ``to be advanced in grade''; and
(B) by striking ``accused before a court-martial''
and inserting ``person in a court-martial proceeding'';
and
(4) by adding at the end the following new subsections:
``(c) No finding or sentence of a court-martial may be held
incorrect on the ground of a violation of this section, or the doctrine
of apparent unlawful command influence, unless the violation materially
prejudices the substantial rights of the accused.
``(d)(1) A superior convening authority or commanding officer may
withhold the authority of a subordinate convening authority or officer
to dispose of offenses in individual cases, types of cases, or
generally.
``(2) Except as otherwise authorized by this chapter, a superior
convening authority or commanding officer may not limit the discretion
of a subordinate convening authority or officer to act with respect to
a case for which the subordinate convening authority or officer has
authority to dispose of the offenses.''.
(b) Article 53a.--Section 853a(b)(5) of title 10, United States
Code (article 53a of the Uniform Code of Military Justice), is amended
by striking ``the President'' and inserting ``the President, the
Secretary of Defense, or the Secretary concerned.''.
(c) Table of Sections Amendment.--The table of sections at the
beginning of subchapter VII of chapter 47 of title 10, United States
Code, is amended by striking the item relating to section 837 (article
37 of the Uniform Code of Military Justice) and inserting the following
new item:
``837. Art. 37. Command influence.''.
SEC. 3. 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 identifies--
``(1) the number of military protective orders issued in
the calendar year preceding the year in which the report is
submitted; and
``(2) the number of such orders that were reported to
appropriate civilian authorities in accordance with section
1567a(a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
1567a the following new item:
``1567b. Annual report on military protective orders.''.
SEC. 4. CONSIDERATION OF APPLICATION FOR TRANSFER FOR A STUDENT OF A
MILITARY SERVICE ACADEMY WHO IS THE VICTIM OF A SEXUAL
ASSAULT OR RELATED OFFENSE.
(a) Military Academy.--Section 7461 of title 10, United States
Code, is amended by adding at the end the following new subsection (e):
``(e) Consideration of Application for Transfer for a Cadet Who Is
the Victim of a Sexual Assault or Related Offense.--(1) The Secretary
of the Army shall provide for timely determination and action on an
application for consideration of a transfer to another military service
academy submitted by a cadet who was a victim of a sexual assault or
other offense covered by section 920, 920a, or 920c of this title
(article 120, 120a, or 120c of the Uniform Code of Military Justice) so
as to reduce the possibility of retaliation against the cadet for
reporting the sexual assault or other offense.
``(2) The Secretary of the Army shall prescribe regulations to
carry out this subsection, within guidelines provided by the Secretary
of Defense that direct the Superintendent of the Military Academy, in
coordination with the Superintendent of the military service academy to
which the cadet wishes to transfer, to approve or deny an application
under this subsection not later than 72 hours after the submission of
the application. If the Superintendent denies such an application, the
cadet may request review of the denial by the Secretary of the Army,
who shall grant or deny review not later than 72 hours after submission
of the request for review. The Secretary of the Army shall ensure that
all records of any request, determination, or action under this
subsection remain confidential.''.
(b) Naval Academy.--Section 8480 of title 10, United States Code,
is amended by adding at the end the following new subsection (e):
``(e) Consideration of Application for Transfer for a Midshipman
Who Is the Victim of a Sexual Assault or Related Offense.--(1) The
Secretary of the Navy shall provide for timely determination and action
on an application for consideration of a transfer to another military
service academy submitted by a midshipman who was a victim of a sexual
assault or other offense covered by section 920, 920a, or 920c of this
title (article 120, 120a, or 120c of the Uniform Code of Military
Justice) so as to reduce the possibility of retaliation against the
midshipman for reporting the sexual assault or other offense.
``(2) The Secretary of the Navy shall prescribe regulations to
carry out this subsection, within guidelines provided by the Secretary
of Defense that direct the Superintendent of the Naval Academy, in
coordination with the Superintendent of the military service academy to
which the midshipman wishes to transfer, to approve or deny an
application under this subsection not later than 72 hours after the
submission of the application. If the Superintendent denies such an
application, the midshipman may request review of the denial by the
Secretary of the Navy, who shall grant or deny review not later than 72
hours after submission of the request for review. The Secretary of the
Navy shall ensure that all records of any request, determination, or
action under this subsection remain confidential.''.
(c) Air Force Academy.--Section 9461 of title 10, United States
Code, is amended by adding at the end the following new subsection (e):
``(e) Consideration of Application for Transfer for a Cadet Who Is
the Victim of a Sexual Assault or Related Offense.--(1) The Secretary
of the Air Force shall provide for timely determination and action on
an application for consideration of a transfer to another military
service academy submitted by a cadet who was a victim of a sexual
assault or other offense covered by section 920, 920a, or 920c of this
title (article 120, 120a, or 120c of the Uniform Code of Military
Justice) so as to reduce the possibility of retaliation against the
cadet for reporting the sexual assault or other offense.
``(2) The Secretary of the Air Force shall prescribe regulations to
carry out this subsection, within guidelines provided by the Secretary
of Defense that direct the Superintendent of the Air Force Academy, in
coordination with the Superintendent of the military service academy to
which the cadet wishes to transfer, to approve or deny an application
under this subsection not later than 72 hours after the submission of
the application. If the Superintendent denies such an application, the
cadet may request review of the denial by the Secretary of the Air
Force, who shall grant or deny review not later than 72 hours after
submission of the request for review. The Secretary of the Air Force
shall ensure that all records of any request, determination, or action
under this subsection remain confidential.''.
SEC. 5. TIMELY DISPOSITION OF NONPROSECUTABLE SEX-RELATED OFFENSES.
(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop and
implement a policy to ensure the timely disposition of nonprosecutable
sex-related offenses in accordance with subsection (b).
(b) Elements.--The policy developed under subsection (a) shall
require the following:
(1) Not later than seven days after the date on which a
court-martial convening authority declines to refer a
nonprosecutable sex-related offense for trial by general or
special court-martial under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), the
convening authority will forward the investigation to the
commander of the accused.
(2) Not later than 90 days after the date on which the
commander of the accused receives the investigation under
paragraph (1)--
(A) the commander will determine whether or not to
take other judicial, nonjudicial, or administrative
action in connection with the conduct covered by the
investigation, including any lesser included offenses,
as authorized under section 815 of title 10, United
States Code (article 15 of the Uniform Code of Military
Justice); and
(B) in a case in which the commander of the accused
decides to take additional action under subparagraph
(A), the commander take such actions as appropriate.
(c) Nonprosecutable Sex-Related Offense Defined.--In this section,
the term ``nonprosecutable sex-related offense'' means an alleged sex-
related offense (as that term is defined in section 1044e(g) of title
10, United States Code) that a court-martial convening authority has
declined to refer for trial by a general or special court-martial under
chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice) due to a determination that there is insufficient
evidence to support prosecution of the sex-related offense.
SEC. 6. VICTIM PREFERENCE IN RESTRICTED REPORTING OF SEXUAL ASSAULT.
(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop and
implement a policy to ensure that a member of the Armed Forces, or an
adult dependent of a member, who is the victim of a sexual assault may
elect to file a restricted report of the assault, without regard to
whether the allegation was disclosed, directly or indirectly, to a
third party.
(b) Sexual Assault Defined.--In this section, the term ``sexual
assault'' includes the offenses of rape, sexual assault, forcible
sodomy, aggravated sexual contact, abusive sexual contact, and attempts
to commit such offenses, as punishable under applicable Federal or
State law.
SEC. 7. EXTENSION OF DEFENSE ADVISORY COMMITTEE ON INVESTIGATION,
PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT IN THE ARMED
FORCES.
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--
(1) by redesignating the second subsection (f) as
subsection (g); and
(2) in subsection (f)(1), by striking ``five years'' and
inserting ``10 years''.
SEC. 8. REPORT ON GUARDIAN AD LITEM FOR CHILD VICTIMS OF SEXUAL
ASSAULT.
Not later than 180 days after the date of the enactment of this
Act, the Defense Advisory Committee on Investigation, Prosecution, and
Defense of Sexual Assault in the Armed Forces shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report that evaluates the need for, and the
feasability of, establishing a process under which a guardian ad litem
may be appointed to represent the interests of a victim of an alleged
sex-related offense (as that term is defined in section 1044e(g) of
title 10, United States Code) who has not attained the age of 18 years.
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