[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1500 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1500

     To amend title 10, United States Code, to improve and enhance 
 protections for members of the Armed Forces who are victims of a sex-
     related or domestic violence offense, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2019

 Ms. Ernst (for herself and Ms. Sinema) 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 improve and enhance 
 protections for members of the Armed Forces who are victims of a sex-
     related or domestic violence offense, 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 Special Victims Protection 
Act of 2019''.

SEC. 2. ENACTMENT AND EXPANSION OF POLICY ON WITHHOLDING OF INITIAL 
              DISPOSITION AUTHORITY FOR CERTAIN OFFENSES UNDER THE 
              UNIFORM CODE OF MILITARY JUSTICE.

    (a) Initial Disposition Authority.--
            (1) In general.--Except as provided in paragraph (2), the 
        proper authority for a determination of disposition of reported 
        offenses with respect to any offense specified in subsection 
        (b) shall be an officer in a grade not below the grade of O-6 
        in the chain of command of the subject who is authorized by 
        chapter 47 of such title (the Uniform Code of Military Justice) 
        to convene special courts-martial.
            (2) Authority when subject and victim are in different 
        chains of command.--If the victim of an offense specified in 
        subsection (b) is in a different chain of command than the 
        subject, the proper authority under paragraph (1) shall be an 
        officer described in that paragraph in the chain of command of 
        the victim.
            (3) Construction.--Nothing in this subsection shall be 
        construed--
                    (A) to prohibit the preferral of charges by an 
                authorized person under section 830(a)(1) of title 10, 
                United States Code (article 30(a)(1) of the Uniform 
                code of Military Justice), with respect to the offenses 
                specified in subsection (b), and the forwarding of such 
                charges as so preferred to the proper authority under 
                paragraph (1) with a recommendation as disposition; or
                    (B) to prohibit an officer in a grade below the 
                grade of O-6 from advising an officer described in 
                paragraph (1) who is making a determination described 
                in that paragraph with respect to the disposition of 
                the offenses involved.
    (b) Covered Offenses.--An offense specified in this subsection is 
any offense as follows:
            (1) An offense under section 893 of title 10, United States 
        Code (article 93 of the Uniform Code of Military Justice), 
        relating to cruelty and maltreatment, if the offense 
        constitutes sexual harassment.
            (2) An offense under section 893a of title 10, United 
        States Code (article 93a of the Uniform Code of Military 
        Justice), relating to prohibited activity with a military 
        recruit or trainee by a person in a position of special trust.
            (3) An offense under section 918 of title 10, United States 
        Code (article 118 of the Uniform Code of Military Justice), 
        relating to murder, if the offense is committed in connection 
        with family abuse or other domestic violence.
            (4) An offense under section 919 of title 10, United States 
        Code (article 119 of the Uniform Code of Military Justice), 
        relating to manslaughter, if the offense is committed in 
        connection with family abuse or other domestic violence.
            (5) An offense under section 919a of title 10, United 
        States Code (article 119a of the Uniform Code of Military 
        Justice), relating to death or injury of an unborn child, if 
        the offense is committed in connection with family abuse or 
        other domestic violence.
            (6) An offense under section 919b of title 10, United 
        States Code (article 119b of the Uniform Code of Military 
        Justice), relating to child endangerment, if the offense is 
        committed in connection with family abuse or other domestic 
        violence.
            (7) An offense under section 920 of title 10, United States 
        Code (article 120 of the Uniform Code of Military Justice), 
        relating to rape and sexual assault generally.
            (8) An offense under section 920b of title 10, United 
        States Code (article 120b of the Uniform Code of Military 
        Justice), relating to rape and sexual assault of a child.
            (9) An offense under section 920c of title 10, United 
        States Code (article 120c of the Uniform Code of Military 
        Justice), relating to other sexual misconduct.
            (10) An offense under section 925 of title 10, United 
        States Code (article 125 of the Uniform Code of Military 
        Justice), relating to kidnapping, if the offense is committed 
        in connection with family abuse or other domestic violence.
            (11) An offense under section 928 of title 10, United 
        States Code (article 128 of the Uniform Code of Military 
        Justice), relating to aggravated assault, if the offense is 
        committed in connection with family abuse or other domestic 
        violence.
            (12) An offense under section 928a of title 10, United 
        States Code (article 128a of the Uniform Code of Military 
        Justice), relating to maiming, if the offense is committed in 
        connection with family abuse or other domestic violence.
            (13) An offense under section 928b of title 10, United 
        States Code (article 128b of the Uniform Code of Military 
        Justice), relating to domestic violence.
            (14) An offense under section 930 of title 10, United 
        States Code (article 130 of the Uniform Code of Military 
        Justice), relating to stalking, if the offense is committed in 
        connection with family abuse or other domestic violence.
            (15) An offense under section 932 of title 10, United 
        States Code (article 132 of the Uniform Code of Military 
        Justice), relating to retaliation.
            (16) An offense under section 934 of title 10, United 
        States Code (article 134 of the Uniform Code of Military 
        Justice), if the offense relates to child pornography.
            (17) An offense under section 934 of title 10, United 
        States Code (article 134 of the Uniform Code of Military 
        Justice), if the offense--
                    (A) relates to animal abuse; and
                    (B) is committed in connection with family abuse or 
                other domestic violence.
            (18) An offense under section 934 of title 10, United 
        States Code (article 134 of the Uniform Code of Military 
        Justice), if the offense--
                    (A) relates to negligent homicide; and
                    (B) is committed in connection with family abuse or 
                other domestic violence.
            (19) An attempt to commit an offense specified in a 
        paragraph (1) through (18) as punishable under section 880 of 
        title 10, United States Code (article 80 of the Uniform Code of 
        Military Justice).
    (c) Scope of Disposition Authority With Respect to Particular 
Offenses.--The authority in subsection (a) of an officer to make a 
disposition determination described in that subsection with respect to 
any offense specified in subsection (b) extends to a determination of 
disposition with respect to any of the following:
            (1) Any other offenses against the subject arising out of 
        the incident in which the offense is alleged to have occurred.
            (2) Any reported offenses in connection with misconduct of 
        the victim, arising out of such incident.
    (d) Scope of Disposition Determinations.--Except for an offense 
specified in section 818(c) of title 10, United States Code (article 
18(c) of the Uniform Code of Military Justice), of which only general 
courts-martial have jurisdiction, the disposition determinations 
permissible in the exercise of the authority under this section with 
respect to charges and specifications are as follows:
            (1) No action.
            (2) Administrative action.
            (3) Imposition of non-judicial punishment.
            (4) Preferral of charges.
            (5) If such charges and specifications were preferred from 
        a subordinate, referral to court-martial for trial.
            (6) Forwarding to a superior or subordinate authority for 
        further disposition.
    (e) Review of Certain Disposition Determinations.--
            (1) Initial review and recommendation.--If a disposition 
        determination under this section with respect to an offense is 
        for a disposition specified in paragraph (1), (2), or (3) of 
        subsection (d) and the legal advisor to the officer making the 
        disposition determination has recommended a disposition 
        specified in paragraph (4), (5), or (6) of that subsection, a 
        Special Victim Prosecutor (SVP), Senior Trial Counsel (STC), or 
        Regional Trial Counsel (RTC) not in the chain of command of the 
        officer making the disposition determination shall--
                    (A) review the disposition determination; and
                    (B) recommend to the staff judge advocate in the 
                chain of command whether to endorse or supersede the 
                disposition determination.
            (2) SJA review and advice.--Upon completion of a review of 
        a recommendation under paragraph (1)(B), the staff judge 
        advocate concerned shall advise the next superior commander in 
        the chain of command of the officer making the original 
        disposition determination whether such disposition 
        determination should be endorsed or superseded.
            (3) Final disposition determination.--After considering 
        advice under paragraph (2) with respect to an original 
        disposition determination, the superior commander concerned 
        shall--
                    (A) make a new disposition determination with 
                respect to the offenses concerned; or
                    (B) endorse the original disposition determination 
                for appropriate further action.
    (f) Training.--
            (1) In general.--The training provided to commissioned 
        officers of the Armed Forces in grades O-6 and above on the 
        exercise of authority pursuant to this section for 
        determinations of the disposition of an offense specified in 
        subsection (b) shall include specific training on such matters 
        in connection with sexual harassment, sexual assault, and 
        family abuse and domestic violence as the Secretary of Defense 
        considers appropriate to make informed disposition 
        determinations under such authority.
            (2) Construction.--Nothing in this subsection shall be 
        construed to deprive a court-martial of jurisdiction based on 
        the level or amount of training received by the disposition 
        authority pursuant to this section.
    (g) Manual for Courts-Martial.--The President shall implement the 
requirement of this section into the Manual for Courts-Martial in 
accordance with section 836 of title 10, United States Code (article 36 
of the Uniform Code of Military Justice).

SEC. 3. SPECIAL VICTIMS' COUNSEL MATTERS.

    (a) Expansion of Covered Offenses To Include Alleged Domestic 
Violence Offenses.--
            (1) In general.--Section 1044e of title 10, United States 
        Code, is amended--
                    (A) by striking ``alleged sex-related offense'' 
                each place it appears and inserting ``alleged covered 
                offense''; and
                    (B) by striking subsection (g) and inserting the 
                following new subsection (g):
    ``(g) Definitions.--In this section:
            ``(1) The term `alleged covered offense' means any of the 
        following:
                    ``(A) An alleged sex-related offense.
                    ``(B) An alleged domestic violence offense.
            ``(2) The term `alleged sex-related offense' means any 
        allegation of--
                    ``(A) a violation of section 920, 920b, 920c, or 
                930 of this title (article 120, 120b, 120c, or 130 of 
                the Uniform Code of Military Justice); or
                    ``(B) an attempt to commit an offense specified in 
                a subparagraph (A) as punishable under section 880 of 
                this title (article 80 of the Uniform Code of Military 
                Justice).
            ``(3) The term `alleged domestic violence offense' means 
        any allegation of--
                    ``(A) a violation of section 928(b), 928b(1), 
                928b(5), or 930 of this title (article 128(b), 128b(1), 
                128b(5), or 130 of the Uniform Code of Military 
                Justice), when committed against a spouse, intimate 
                partner, or immediate family member;
                    ``(B) a violation of any other provision of 
                subchapter X of chapter 47 of this title (the Uniform 
                Code of Military Justice), when committed against a 
                spouse, intimate partner, or immediate family member, 
                as specified by the Secretary concerned for purposes of 
                eligibility for legal consultation and assistance by 
                Special Victims' Counsel under the jurisdiction of such 
                Secretary under this section; or
                    ``(C) an attempt to commit an offense specified in 
                a subparagraph (A) or (B) as punishable under section 
                880 of this title (article 80 of the Uniform Code of 
                Military Justice).''.
            (2) Conforming and clerical amendments.--
                    (A) Heading amendment.--The heading of such section 
                is amended to read as follows:
``Sec. 1044e. Special Victims' Counsel: victims of sex-related 
              offenses; victims of domestic violence offenses''.
                    (B) Table of sections.--the table of sections at 
                the beginning of chapter 53 of such title is amended by 
                striking the item relating to section 1044e and 
                inserting the following new item:

``1044e. Special Victims' Counsel: victims of sex-related offenses; 
                            victims of domestic violence offenses.''.
    (b) Expansion of Eligibility to All Civilian Victims of Alleged 
Covered Offenses.--Subsection (a)(2) of section 1044e of such title, as 
amended by subsection (a)(1) of this section, is further amended by 
striking subparagraph (C) and inserting the following new subparagraph 
(C):
            ``(C) Any civilian individual not covered by subparagraph 
        (A) or (B) who is the victim of an alleged covered offense if 
        the Secretary of Defense or the Secretary of the military 
        department concerned waives any condition in such section for 
        the purposes of offering Special Victims' Counsel services to 
        such individual.''.
    (c) Enhancement of Legal Consultation and Assistance in Connection 
With Potential Victim Benefits.--Paragraph (8)(D) of subsection (b) of 
such section is amended by striking ``and other'' and inserting ``, 
section 1408(h) of this title, and other''.
    (d) Expansion of Legal Assistance Authorized To Include 
Consultation and Assistance for Retaliation.--Subsection (b) of such 
section is amended further--
            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following new 
        paragraph (10):
            ``(10) Legal consultation and assistance in connection with 
        an incident of retaliation, whether such incident occurs 
        before, during, or after the conclusion of any criminal 
        proceedings, including--
                    ``(A) in understanding the rights and protections 
                afforded to victims of retaliation;
                    ``(B) in the filing of complaints; and
                    ``(C) in any resulting military justice 
                proceedings.''.
    (e) Codification of Duty To Determine Victim's Preference for 
Prosecution of Alleged Offense by Court-Martial or Civilian Court.--
            (1) In general.--Such section is further amended--
                    (A) by redesignating subsections (d) through (h) as 
                subsections (e) through (i), respectively; and
                    (B) by inserting after subsection (c) the following 
                new subsection (d):
    ``(d) Duty To Determine Victim's Preference for Prosecution of an 
Alleged Covered Offense by Court-Martial or Civilian Court.--(1) In 
providing legal consultation and representation to a victim under this 
section in connection with an alleged covered offense that occurs in 
the United States, a Special Victims' Counsel shall have the duty--
            ``(A) to solicit the victim's preference regarding whether 
        the offense should be prosecuted by court-martial or in a 
        civilian court with jurisdiction over the offense; and
            ``(B) to make the victim's preference, if offered, known to 
        appropriate military prosecutors.
    ``(2) Any consultation by a Special Victims' Counsel pursuant to 
paragraph (1) shall occur in accordance with the process for such 
consultation established pursuant to section 534(b) of the Carl Levin 
and Howard P. `Buck' McKeon National Defense Authorization Act for 
Fiscal Year 2015 (10 U.S.C. 1044e note) or such other process as the 
Secretary of Defense shall establish for that purpose.''.
            (2) Conforming amendment.--Paragraph (11) of subsection (b) 
        of such section, as redesignated by subsection (d)(1) of this 
        section, is amended by striking ``subsection (h)'' and 
        inserting ``subsection (i)''.
    (f) Personnel and Training.--
            (1) Personnel.--Commencing October 1, 2019, each Secretary 
        concerned shall establish and maintain such additional military 
        and civilian billets for legal counsel and paralegals as such 
        Secretary considers appropriate in order to ensure that each 
        Armed Force under the jurisdiction of such Secretary is 
        appropriately staffed to provide legal counsel and assistance 
        required under section 1044e of title 10, United States Code, 
        by reason of the amendments made by this section by not later 
        than September 30, 2025.
            (2) Training.--Each Secretary concerned shall provide 
        military and civilian legal personnel under the jurisdiction of 
        such Secretary such training as the Secretary considers 
        appropriate for the provision of legal counsel and assistance 
        required under section 1044e of title 10, United States Code, 
        by reason of the amendments made by this section. To the extent 
        practicable, the training provided pursuant to this paragraph 
        shall be uniform across the Armed Forces.
            (3) Consultation.--Each Secretary concerned shall consult 
        with the Judge Advocate General concerned regarding the 
        additional number of billets required pursuant to paragraph (1) 
        and the training to be provided pursuant to paragraph (2).
            (4) Reports.--Not later than 180 days after the date of the 
        enactment of this Act, each Secretary concerned shall submit to 
        the congressional defense committees a report setting forth the 
        plan of such Secretary to modify the Special Victims' Counsel 
        program under the jurisdiction of such Secretary in order to 
        meet the requirement in paragraph (1) by the deadline specified 
        in that paragraph. Each report shall set forth, for the Special 
        Victims' Counsel program concerned, the number of additional 
        military billets and additional civilian billets the Secretary 
        concerned requires to establish and maintain under paragraph 
        (1) in order to meet the requirement in that paragraph by the 
        deadline specified in that paragraph.
            (5) Definitions.--In this subsection:
                    (A) The term ``Secretary concerned'' has the 
                meaning given that term in section 101(a)(9) of title 
                10, United States Code.
                    (B) The term ``Judge Advocate General'' has the 
                meaning given that term in section 801(1) of title 10, 
                United States Code (article 1(1) of the Uniform Code of 
                Military Justice).

SEC. 4. CORRECTION OF MILITARY RECORDS AND DISCHARGE REVIEW FOR CERTAIN 
              FORMER MEMBERS WHOSE NARRATIVE REASON FOR DISCHARGE WAS 
              WRONGFULLY DESCRIBED AS PERSONALITY DISORDER.

    (a) Correction of Military Records.--Section 1552 of title 10, 
United States Code, is amended--
            (1) by redesignating subsections (i) and (j) as subsections 
        (j) and (k), respectively; and
            (2) by inserting after subsection (h) the following new 
        subsection (i):
    ``(i)(1) This subsection applies to a former member of the Armed 
Forces who is a military sexual trauma survivor and suffers from post-
traumatic stress disorder or traumatic brain injury and whose claim 
under this section is for review of the narrative reason for discharge 
of the former member as personality disorder, borderline personal 
disorder, or a related non-disability mental condition (NDMC).
    ``(2) A claimant under this subsection shall support the claim with 
documentation or other evidence from a psychiatrist, psychologist, or 
other competent health care professional that the claimant does not 
have the disorder providing the narrative reason for the claimant's 
discharge.
    ``(3) In the case of a claimant described in paragraph (1), a board 
established under subsection (a) shall--
            ``(A) review and give liberal consideration to the 
        documentation or evidence of the claimant under paragraph (2); 
        and
            ``(B) if the board determines that the claimant does not 
        have the disorder, correct the military records of the claimant 
        to provide a narrative reason for the claimant's discharge as 
        Secretarial Authority (or similar authority available at the 
        time of the claimant's discharge if before the recognition of 
        Secretarial Authority) or such other narrative reason (other 
        than the disorder) as the board considers appropriate.''.
    (b) Discharge Review.--Section 1553 of such title is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f) In the case of a former member of the Armed Forces who is a 
military sexual trauma survivor and suffers from post-traumatic stress 
disorder or traumatic brain injury and whose narrative reason for 
discharge or dismissal was personality disorder, borderline personality 
disorder, or a related non-disability mental condition (NDMC) and who 
submits to a board established under this section documentation or 
other evidence from a psychiatrist, psychologist, or other competent 
health care professional that the former member does not have the 
disorder providing the narrative reason for the former member's 
discharge or dismissal, the board shall--
            ``(1) review and give liberal consideration to the 
        documentation or evidence submitted by the former member; and
            ``(2) if the board determines that the former member does 
        not have the disorder, change the narrative reason for the 
        former member's discharge or dismissal to Secretarial Authority 
        or such other narrative reason (other than the disorder) as the 
        board considers appropriate.''.
    (c) Reports.--
            (1) In general.--Not later than 270 days after the date of 
        the enactment of this Act, and annually thereafter for the next 
        four years, each Secretary concerned shall submit to Congress a 
        report on the activities of boards for the correction of 
        military records under subsection (i) of section 1552 of title 
        10, United States Code (as amended by subsection (a) of this 
        section), and of discharge review boards under subsection (f) 
        of section 1553 of title 10, United States Code (as amended by 
        subsection (b) of this section), under the jurisdiction of such 
        Secretary during the one-year period ending on the date of such 
        report. Each report shall include the following:
                    (A) For the period covered by such report:
                            (i) The number of claims submitted under 
                        such subsection (i) to boards for the 
                        correction of military records under the 
                        jurisdiction of such Secretary, and the number 
                        of claims for which relief was granted.
                            (ii) The number of claims submitted under 
                        such subsection (f) to discharge review boards 
                        under the jurisdiction of such Secretary, and 
                        the number of claims for which relief was 
                        granted.
                    (B) Such recommendations for administrative action 
                or legislative action in connection with the activities 
                of such boards under such subsections (i) and (f) as 
                such Secretary considers appropriate.
            (2) Secretary concerned defined.--In this subsection, the 
        term ``Secretary concerned'' has the meaning given that term in 
        section 101(a)(9) of title 10, United States Code.

SEC. 5. INCLUSION OF INTIMATE PARTNER VIOLENCE AMONG SUPPORTING 
              RATIONALES FOR CERTAIN CLAIMS FOR CORRECTIONS OF MILITARY 
              RECORDS AND DISCHARGE REVIEW.

    (a) Correction of Military Records.--Section 1552(h)(1) of title 
10, United States Code, is amended by striking ``or military sexual 
trauma'' and inserting ``, military sexual trauma, or intimate partner 
violence''.
    (b) Discharge Review.--Section 1553(d)(3)(B) of such title is 
amended by striking ``or military sexual trauma'' and inserting ``, 
military sexual trauma, or intimate partner violence''.

SEC. 6. TRAINING OF MEMBERS OF BOARDS FOR CORRECTION OF MILITARY 
              RECORDS AND DISCHARGE REVIEW BOARDS ON MILITARY SEXUAL 
              TRAUMA, INTIMATE PARTNER VIOLENCE, AND RELATED MATTERS.

    (a) Boards for Correction of Military Records.--The curriculum of 
training for members of boards for the correction of military records 
under section 534(c) of the National Defense Authorization Act for 
Fiscal Year 2017 (10 U.S.C. 1552 note) shall include training on each 
of the following:
            (1) Military sexual trauma.
            (2) Intimate partner violence.
            (3) The various responses of individuals to trauma.
    (b) Discharge Review Boards.--
            (1) In general.--Each Secretary concerned shall develop and 
        provide training for members of discharge review boards under 
        section 1553 of title 10, United States Code, that are under 
        the jurisdiction of such Secretary on each of the following:
                    (A) Military sexual trauma.
                    (B) Intimate partner violence.
                    (C) The various responses of individuals to trauma.
            (2) Uniformity of training.--The Secretary of Defense and 
        the Secretary of Homeland Security shall jointly ensure that 
        the training developed and provided pursuant to this subsection 
        is, to the extent practicable, uniform.
            (3) Secretary concerned defined.--In this subsection, the 
        term ``Secretary concerned'' has the meaning given that term in 
        section 101(a)(9) of title 10, United States Code.

SEC. 7. REPORT ON ESTABLISHMENT OF GUARDIAN AD LITEM PROGRAM FOR 
              CERTAIN MILITARY DEPENDENTS WHO ARE VICTIM OR WITNESS OF 
              OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE 
              INVOLVING ABUSE OR EXPLOITATION.

    (a) Report Required.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        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 establishing 
        a guardian ad litem program for military dependents described 
        in paragraph (2) who are a victim or witness of an offense 
        under chapter 47 of title 10, United States Code (the Uniform 
        Code of Military Justice), that involves an element of abuse or 
        exploitation in order to protect the best interests of such 
        dependents in a court-martial of such offense.
            (2) Covered dependents.--The military dependents described 
        in this paragraph are as follows:
                    (A) Military dependents under 12 years of age.
                    (B) Military dependents who lack mental or other 
                capacity.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An assessment of the feasibility and advisability of 
        establishing a guardian ad litem program as described in 
        subsection (a).
            (2) If establishment of the guardian ad litem program is 
        considered feasible and advisable, the following:
                    (A) A description of administrative requirements in 
                connection with the program, including the following:
                            (i) Any memoranda of understanding between 
                        the Department of Defense and State and local 
                        authorities required for purposes of the 
                        program.
                            (ii) The personnel, funding, and other 
                        resources required for purposes of the program.
                    (B) Best practices for the program (as determined 
                in consultation with appropriate civilian experts on 
                child advocacy).
                    (C) Such recommendations for legislative and 
                administration action to implement the program as the 
                Secretary considers appropriate.
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