I 

116TH CONGRESS 

1ST SESSION H. R. 3148 

To improve protections for victims of sexual assault in the Armed Forces, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2019 

Mr. TURNER (for himself and Mrs. DAVIS of California) introduced the 

following bill; which was referred to the Committee on Armed Services 

A BILL 

To improve protections for victims of sexual assault in the 

Armed Forces, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sexual Trauma Ongo5 ing Protections Act of 2019’’ or the ‘‘STOP Act of 2019’’. 

6 SEC. 2. COMMAND INFLUENCE UNDER THE UNIFORM CODE 

7 OF MILITARY JUSTICE. 

8 (a) ARTICLE 37.—Section 837 of title 10, United 

9 States Code (article 37 of the Uniform Code of Military 

10 Justice), is amended— 


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1 (1) in the heading, by striking ‘‘Unlawfully 

2 influencing action of court’’ and inserting 

3 ‘‘Command influence’’; 

4 (2) in subsection (a)— 

5 (A) by striking ‘‘(a) No authority con6 vening a general, special, or summary court7 martial’’ and inserting ‘‘(a)(1) No court-martial 

8 convening authority’’; 

9 (B) in paragraph (1) (as designated by 

10 subparagraph (A) of this paragraph), by strik11 ing ‘‘proceeding. No person’’ and inserting the 

12 following: ‘‘proceeding. 

13 ‘‘(3) No person’’; 

14 (C) by inserting before paragraph (3) (as 

15 designated by subparagraph (B) of this para16 graph) the following new paragraph: 

17 ‘‘(2) No court-martial convening authority, nor 

18 any other commanding officer, may deter or attempt 

19 to deter a potential witness from participating in the 

20 investigatory process or testifying at a court-martial. 

21 The denial of a request to travel at Government ex22 pense or refusal to make a witness available shall 

23 not by itself constitute unlawful command influ24 ence.’’; 

25 (D) in paragraph (3) (as so designated)— 


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1 (i) by inserting ‘‘attempt to’’ before 

2 ‘‘influence’’; 

3 (ii) by striking ‘‘with respect to his ju4 dicial acts’’ and inserting ‘‘or preliminary 

5 hearing officer with respect to such acts 

6 taken pursuant to this chapter as pre7 scribed by the President’’; and 

8 (iii) by striking the second sentence; 

9 and 

10 (E) by adding at the end the following new 

11 paragraphs: 

12 ‘‘(4) Paragraphs (1) through (3) shall not apply 

13 with respect to— 

14 ‘‘(A) general instructional or informational 

15 courses in military justice if such courses are 

16 designed solely for the purpose of instructing 

17 members of a command in the substantive and 

18 procedural aspects of courts-martial; 

19 ‘‘(B) statements regarding criminal activ20 ity or a particular criminal offense that do not 

21 advocate a particular disposition, or a par22 ticular court-martial finding, or sentence; or 

23 ‘‘(C) statements and instructions given in 

24 open court by the military judge or counsel. 


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1 ‘‘(5)(A) Notwithstanding paragraphs (1) 

2 through (3), but subject to subparagraph (B)— 

3 ‘‘(i) a superior convening authority or offi4 cer may generally discuss matters to consider 

5 regarding the disposition of alleged violations of 

6 this chapter with a subordinate convening au7 thority or officer; and 

8 ‘‘(ii) a subordinate convening authority or 

9 officer may seek advice from a superior con10 vening authority or officer regarding the dis11 position of an alleged offense under this chap12 ter. 

13 ‘‘(B) No superior convening authority or officer 

14 may direct a subordinate convening authority or offi15 cer to make a particular disposition in a specific 

16 case or otherwise substitute the discretion of such 

17 authority or such officer for that of the subordinate 

18 convening authority or officer.’’; 

19 (3) in subsection (b)— 

20 (A) by striking ‘‘to be advanced, in grade’’ 

21 and inserting ‘‘to be advanced in grade’’; and 

22 (B) by striking ‘‘accused before a court23 martial’’ and inserting ‘‘person in a court-mar24 tial proceeding’’; and 


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1 (4) by adding at the end the following new sub2 sections: 

3 ‘‘(c) No finding or sentence of a court-martial may 

4 be held incorrect on the ground of a violation of this sec5 tion, or the doctrine of apparent unlawful command influ6 ence, unless the violation materially prejudices the sub7 stantial rights of the accused. 

8 ‘‘(d)(1) A superior convening authority or com9 manding officer may withhold the authority of a subordi10 nate convening authority or officer to dispose of offenses 

11 in individual cases, types of cases, or generally. 

12 ‘‘(2) Except as otherwise authorized by this chapter, 

13 a superior convening authority or commanding officer may 

14 not limit the discretion of a subordinate convening author15 ity or officer to act with respect to a case for which the 

16 subordinate convening authority or officer has authority 

17 to dispose of the offenses.’’. 

18 (b) ARTICLE 53a.—Section 853a(b)(5) of title 10, 

19 United States Code (article 53a of the Uniform Code of 

20 Military Justice), is amended by striking ‘‘the President’’ 

21 and inserting ‘‘the President, the Secretary of Defense, 

22 or the Secretary concerned.’’. 

23 (c) TABLE OF SECTIONS AMENDMENT.—The table of 

24 sections at the beginning of subchapter VII of chapter 47 

25 of title 10, United States Code, is amended by striking 


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1 the item relating to section 837 (article 37 of the Uniform 

2 Code of Military Justice) and inserting the following new 

3 item: 

‘‘837. Art. 37. Command influence.’’. 

4 SEC. 3. ANNUAL REPORT ON MILITARY PROTECTIVE OR5 DERS. 

6 (a) REPORT REQUIRED.—Chapter 80 of title 10, 

7 United States Code, is amended by adding at the end the 

8 following new section: 

9 ‘‘§ 1567b. Annual report on military protective orders 

10 ‘‘Not later than March 1, 2020, and each year there11 after through 2024, the Secretary of Defense shall submit 

12 to the congressional defense committees a report that 

13 identifies— 

14 ‘‘(1) the number of military protective orders 

15 issued in the calendar year preceding the year in 

16 which the report is submitted; and 

17 ‘‘(2) the number of such orders that were re18 ported to appropriate civilian authorities in accord19 ance with section 1567a(a).’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of such chapter is amended by adding 

22 after the item relating to section 1567a the following new 

23 item: 

‘‘1567b. Annual report on military protective orders.’’. 


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1 SEC. 4. CONSIDERATION OF APPLICATION FOR TRANSFER 

2 FOR A STUDENT OF A MILITARY SERVICE 

3 ACADEMY WHO IS THE VICTIM OF A SEXUAL 

4 ASSAULT OR RELATED OFFENSE. 

5 (a) MILITARY ACADEMY.—Section 7461 of title 10, 

6 United States Code, is amended by adding at the end the 

7 following new subsection (e): 

8 ‘‘(e) CONSIDERATION OF APPLICATION FOR TRANS9 FER FOR A CADET WHO IS THE VICTIM OF A SEXUAL

10 ASSAULT OR RELATED OFFENSE.—(1) The Secretary of 

11 the Army shall provide for timely determination and action 

12 on an application for consideration of a transfer to an13 other military service academy submitted by a cadet who 

14 was a victim of a sexual assault or other offense covered 

15 by section 920, 920a, or 920c of this title (article 120, 

16 120a, or 120c of the Uniform Code of Military Justice) 

17 so as to reduce the possibility of retaliation against the 

18 cadet for reporting the sexual assault or other offense. 

19 ‘‘(2) The Secretary of the Army shall prescribe regu20 lations to carry out this subsection, within guidelines pro21 vided by the Secretary of Defense that direct the Super22 intendent of the Military Academy, in coordination with 

23 the Superintendent of the military service academy to 

24 which the cadet wishes to transfer, to approve or deny an 

25 application under this subsection not later than 72 hours 

26 after the submission of the application. If the SuperVerDate Sep 11 2014 19:16 Jun 15, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3148.IH H3148

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1 intendent denies such an application, the cadet may re2 quest review of the denial by the Secretary of the Army, 

3 who shall grant or deny review not later than 72 hours 

4 after submission of the request for review. The Secretary 

5 of the Army shall ensure that all records of any request, 

6 determination, or action under this subsection remain con7 fidential.’’. 

8 (b) NAVAL ACADEMY.—Section 8480 of title 10, 

9 United States Code, is amended by adding at the end the 

10 following new subsection (e): 

11 ‘‘(e) CONSIDERATION OF APPLICATION FOR TRANS12 FER FOR A MIDSHIPMAN WHO IS THE VICTIM OF A SEX13 UAL ASSAULT OR RELATED OFFENSE.—(1) The Sec14 retary of the Navy shall provide for timely determination 

15 and action on an application for consideration of a trans16 fer to another military service academy submitted by a 

17 midshipman who was a victim of a sexual assault or other 

18 offense covered by section 920, 920a, or 920c of this title 

19 (article 120, 120a, or 120c of the Uniform Code of Mili20 tary Justice) so as to reduce the possibility of retaliation 

21 against the midshipman for reporting the sexual assault 

22 or other offense. 

23 ‘‘(2) The Secretary of the Navy shall prescribe regu24 lations to carry out this subsection, within guidelines pro25 vided by the Secretary of Defense that direct the SuperVerDate Sep 11 2014 19:16 Jun 15, 2019 Jkt 034408 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3148.IH H3148

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1 intendent of the Naval Academy, in coordination with the 

2 Superintendent of the military service academy to which 

3 the midshipman wishes to transfer, to approve or deny an 

4 application under this subsection not later than 72 hours 

5 after the submission of the application. If the Super6 intendent denies such an application, the midshipman may 

7 request review of the denial by the Secretary of the Navy, 

8 who shall grant or deny review not later than 72 hours 

9 after submission of the request for review. The Secretary 

10 of the Navy shall ensure that all records of any request, 

11 determination, or action under this subsection remain con12 fidential.’’. 

13 (c) AIR FORCE ACADEMY.—Section 9461 of title 10, 

14 United States Code, is amended by adding at the end the 

15 following new subsection (e): 

16 ‘‘(e) CONSIDERATION OF APPLICATION FOR TRANS17 FER FOR A CADET WHO IS THE VICTIM OF A SEXUAL

18 ASSAULT OR RELATED OFFENSE.—(1) The Secretary of 

19 the Air Force shall provide for timely determination and 

20 action on an application for consideration of a transfer 

21 to another military service academy submitted by a cadet 

22 who was a victim of a sexual assault or other offense cov23 ered by section 920, 920a, or 920c of this title (article 

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1 tice) so as to reduce the possibility of retaliation against 

2 the cadet for reporting the sexual assault or other offense. 

3 ‘‘(2) The Secretary of the Air Force shall prescribe 

4 regulations to carry out this subsection, within guidelines 

5 provided by the Secretary of Defense that direct the Su6 perintendent of the Air Force Academy, in coordination 

7 with the Superintendent of the military service academy 

8 to which the cadet wishes to transfer, to approve or deny 

9 an application under this subsection not later than 72 

10 hours after the submission of the application. If the Su11 perintendent denies such an application, the cadet may re12 quest review of the denial by the Secretary of the Air 

13 Force, who shall grant or deny review not later than 72 

14 hours after submission of the request for review. The Sec15 retary of the Air Force shall ensure that all records of 

16 any request, determination, or action under this sub17 section remain confidential.’’. 

18 SEC. 5. TIMELY DISPOSITION OF NONPROSECUTABLE SEX19 RELATED OFFENSES. 

20 (a) POLICY REQUIRED.—Not later than 180 days 

21 after the date of the enactment of this Act, the Secretary 

22 of Defense shall develop and implement a policy to ensure 

23 the timely disposition of nonprosecutable sex-related of24 fenses in accordance with subsection (b). 


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1 (b) ELEMENTS.—The policy developed under sub2 section (a) shall require the following: 

3 (1) Not later than seven days after the date on 

4 which a court-martial convening authority declines 

5 to refer a nonprosecutable sex-related offense for 

6 trial by general or special court-martial under chap7 ter 47 of title 10, United States Code (the Uniform 

8 Code of Military Justice), the convening authority 

9 will forward the investigation to the commander of 

10 the accused. 

11 (2) Not later than 90 days after the date on 

12 which the commander of the accused receives the in13 vestigation under paragraph (1)— 

14 (A) the commander will determine whether 

15 or not to take other judicial, nonjudicial, or ad16 ministrative action in connection with the con17 duct covered by the investigation, including any 

18 lesser included offenses, as authorized under 

19 section 815 of title 10, United States Code (ar20 ticle 15 of the Uniform Code of Military Jus21 tice); and 

22 (B) in a case in which the commander of 

23 the accused decides to take additional action 

24 under subparagraph (A), the commander take 

25 such actions as appropriate. 


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1 (c) NONPROSECUTABLE SEX-RELATED OFFENSE

2 DEFINED.—In this section, the term ‘‘nonprosecutable 

3 sex-related offense’’ means an alleged sex-related offense 

4 (as that term is defined in section 1044e(g) of title 10, 

5 United States Code) that a court-martial convening au6 thority has declined to refer for trial by a general or spe7 cial court-martial under chapter 47 of title 10, United 

8 States Code (the Uniform Code of Military Justice) due 

9 to a determination that there is insufficient evidence to 

10 support prosecution of the sex-related offense. 

11 SEC. 6. VICTIM PREFERENCE IN RESTRICTED REPORTING 

12 OF SEXUAL ASSAULT. 

13 (a) POLICY REQUIRED.—Not later than 180 days 

14 after the date of the enactment of this Act, the Secretary 

15 of Defense shall develop and implement a policy to ensure 

16 that a member of the Armed Forces, or an adult depend17 ent of a member, who is the victim of a sexual assault 

18 may elect to file a restricted report of the assault, without 

19 regard to whether the allegation was disclosed, directly or 

20 indirectly, to a third party. 

21 (b) SEXUAL ASSAULT DEFINED.—In this section, the 

22 term ‘‘sexual assault’’ includes the offenses of rape, sexual 

23 assault, forcible sodomy, aggravated sexual contact, abu24 sive sexual contact, and attempts to commit such offenses, 

25 as punishable under applicable Federal or State law. 


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1 SEC. 7. EXTENSION OF DEFENSE ADVISORY COMMITTEE ON 

2 INVESTIGATION, PROSECUTION, AND DE3 FENSE OF SEXUAL ASSAULT IN THE ARMED 

4 FORCES. 

5 Section 546 of the Carl Levin and Howard P. 

6 ‘‘Buck’’ McKeon National Defense Authorization Act for 

7 Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1561 

8 note) is amended— 

9 (1) by redesignating the second subsection (f) 

10 as subsection (g); and 

11 (2) in subsection (f)(1), by striking ‘‘five years’’ 

12 and inserting ‘‘10 years’’. 

13 SEC. 8. REPORT ON GUARDIAN AD LITEM FOR CHILD VIC14 TIMS OF SEXUAL ASSAULT. 

15 Not later than 180 days after the date of the enact16 ment of this Act, the Defense Advisory Committee on In17 vestigation, Prosecution, and Defense of Sexual Assault 

18 in the Armed Forces shall submit to the Committees on 

19 Armed Services of the Senate and the House of Represent20 atives a report that evaluates the need for, and the 

21 feasability of, establishing a process under which a guard22 ian ad litem may be appointed to represent the interests 

23 of a victim of an alleged sex-related offense (as that term 

24 is defined in section 1044e(g) of title 10, United States 

25 Code) who has not attained the age of 18 years. 

Æ 


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