[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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