[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>