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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3148 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 3148

   To improve protections for victims of sexual assault in the Armed 
                    Forces, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2019

 Mr. Turner (for himself and Mrs. Davis of California) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
   To improve protections for victims of sexual assault in the Armed 
                    Forces, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sexual Trauma Ongoing Protections 
Act of 2019'' or the ``STOP Act of 2019''.

SEC. 2. COMMAND INFLUENCE UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

    (a) Article 37.--Section 837 of title 10, United States Code 
(article 37 of the Uniform Code of Military Justice), is amended--
            (1) in the heading, by striking ``Unlawfully influencing 
        action of court'' and inserting ``Command influence'';
            (2) in subsection (a)--
                    (A) by striking ``(a) No authority convening a 
                general, special, or summary court-martial'' and 
                inserting ``(a)(1) No court-martial convening 
                authority'';
                    (B) in paragraph (1) (as designated by subparagraph 
                (A) of this paragraph), by striking ``proceeding. No 
                person'' and inserting the following: ``proceeding.
            ``(3) No person'';
                    (C) by inserting before paragraph (3) (as 
                designated by subparagraph (B) of this paragraph) the 
                following new paragraph:
            ``(2) No court-martial convening authority, nor any other 
        commanding officer, may deter or attempt to deter a potential 
        witness from participating in the investigatory process or 
        testifying at a court-martial. The denial of a request to 
        travel at Government expense or refusal to make a witness 
        available shall not by itself constitute unlawful command 
        influence.'';
                    (D) in paragraph (3) (as so designated)--
                            (i) by inserting ``attempt to'' before 
                        ``influence'';
                            (ii) by striking ``with respect to his 
                        judicial acts'' and inserting ``or preliminary 
                        hearing officer with respect to such acts taken 
                        pursuant to this chapter as prescribed by the 
                        President''; and
                            (iii) by striking the second sentence; and
                    (E) by adding at the end the following new 
                paragraphs:
            ``(4) Paragraphs (1) through (3) shall not apply with 
        respect to--
                    ``(A) general instructional or informational 
                courses in military justice if such courses are 
                designed solely for the purpose of instructing members 
                of a command in the substantive and procedural aspects 
                of courts-martial;
                    ``(B) statements regarding criminal activity or a 
                particular criminal offense that do not advocate a 
                particular disposition, or a particular court-martial 
                finding, or sentence; or
                    ``(C) statements and instructions given in open 
                court by the military judge or counsel.
            ``(5)(A) Notwithstanding paragraphs (1) through (3), but 
        subject to subparagraph (B)--
                    ``(i) a superior convening authority or officer may 
                generally discuss matters to consider regarding the 
                disposition of alleged violations of this chapter with 
                a subordinate convening authority or officer; and
                    ``(ii) a subordinate convening authority or officer 
                may seek advice from a superior convening authority or 
                officer regarding the disposition of an alleged offense 
                under this chapter.
            ``(B) No superior convening authority or officer may direct 
        a subordinate convening authority or officer to make a 
        particular disposition in a specific case or otherwise 
        substitute the discretion of such authority or such officer for 
        that of the subordinate convening authority or officer.'';
            (3) in subsection (b)--
                    (A) by striking ``to be advanced, in grade'' and 
                inserting ``to be advanced in grade''; and
                    (B) by striking ``accused before a court-martial'' 
                and inserting ``person in a court-martial proceeding''; 
                and
            (4) by adding at the end the following new subsections:
    ``(c) No finding or sentence of a court-martial may be held 
incorrect on the ground of a violation of this section, or the doctrine 
of apparent unlawful command influence, unless the violation materially 
prejudices the substantial rights of the accused.
    ``(d)(1) A superior convening authority or commanding officer may 
withhold the authority of a subordinate convening authority or officer 
to dispose of offenses in individual cases, types of cases, or 
generally.
    ``(2) Except as otherwise authorized by this chapter, a superior 
convening authority or commanding officer may not limit the discretion 
of a subordinate convening authority or officer to act with respect to 
a case for which the subordinate convening authority or officer has 
authority to dispose of the offenses.''.
    (b) Article 53a.--Section 853a(b)(5) of title 10, United States 
Code (article 53a of the Uniform Code of Military Justice), is amended 
by striking ``the President'' and inserting ``the President, the 
Secretary of Defense, or the Secretary concerned.''.
    (c) Table of Sections Amendment.--The table of sections at the 
beginning of subchapter VII of chapter 47 of title 10, United States 
Code, is amended by striking the item relating to section 837 (article 
37 of the Uniform Code of Military Justice) and inserting the following 
new item:

``837. Art. 37. Command influence.''.

SEC. 3. ANNUAL REPORT ON MILITARY PROTECTIVE ORDERS.

    (a) Report Required.--Chapter 80 of title 10, United States Code, 
is amended by adding at the end the following new section:
``Sec. 1567b. Annual report on military protective orders
    ``Not later than March 1, 2020, and each year thereafter through 
2024, the Secretary of Defense shall submit to the congressional 
defense committees a report that identifies--
            ``(1) the number of military protective orders issued in 
        the calendar year preceding the year in which the report is 
        submitted; and
            ``(2) the number of such orders that were reported to 
        appropriate civilian authorities in accordance with section 
        1567a(a).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding after the item relating to section 
1567a the following new item:

``1567b. Annual report on military protective orders.''.

SEC. 4. CONSIDERATION OF APPLICATION FOR TRANSFER FOR A STUDENT OF A 
              MILITARY SERVICE ACADEMY WHO IS THE VICTIM OF A SEXUAL 
              ASSAULT OR RELATED OFFENSE.

    (a) Military Academy.--Section 7461 of title 10, United States 
Code, is amended by adding at the end the following new subsection (e):
    ``(e) Consideration of Application for Transfer for a Cadet Who Is 
the Victim of a Sexual Assault or Related Offense.--(1) The Secretary 
of the Army shall provide for timely determination and action on an 
application for consideration of a transfer to another military service 
academy submitted by a cadet who was a victim of a sexual assault or 
other offense covered by section 920, 920a, or 920c of this title 
(article 120, 120a, or 120c of the Uniform Code of Military Justice) so 
as to reduce the possibility of retaliation against the cadet for 
reporting the sexual assault or other offense.
    ``(2) The Secretary of the Army shall prescribe regulations to 
carry out this subsection, within guidelines provided by the Secretary 
of Defense that direct the Superintendent of the Military Academy, in 
coordination with the Superintendent of the military service academy to 
which the cadet wishes to transfer, to approve or deny an application 
under this subsection not later than 72 hours after the submission of 
the application. If the Superintendent denies such an application, the 
cadet may request review of the denial by the Secretary of the Army, 
who shall grant or deny review not later than 72 hours after submission 
of the request for review. The Secretary of the Army shall ensure that 
all records of any request, determination, or action under this 
subsection remain confidential.''.
    (b) Naval Academy.--Section 8480 of title 10, United States Code, 
is amended by adding at the end the following new subsection (e):
    ``(e) Consideration of Application for Transfer for a Midshipman 
Who Is the Victim of a Sexual Assault or Related Offense.--(1) The 
Secretary of the Navy shall provide for timely determination and action 
on an application for consideration of a transfer to another military 
service academy submitted by a midshipman who was a victim of a sexual 
assault or other offense covered by section 920, 920a, or 920c of this 
title (article 120, 120a, or 120c of the Uniform Code of Military 
Justice) so as to reduce the possibility of retaliation against the 
midshipman for reporting the sexual assault or other offense.
    ``(2) The Secretary of the Navy shall prescribe regulations to 
carry out this subsection, within guidelines provided by the Secretary 
of Defense that direct the Superintendent of the Naval Academy, in 
coordination with the Superintendent of the military service academy to 
which the midshipman wishes to transfer, to approve or deny an 
application under this subsection not later than 72 hours after the 
submission of the application. If the Superintendent denies such an 
application, the midshipman may request review of the denial by the 
Secretary of the Navy, who shall grant or deny review not later than 72 
hours after submission of the request for review. The Secretary of the 
Navy shall ensure that all records of any request, determination, or 
action under this subsection remain confidential.''.
    (c) Air Force Academy.--Section 9461 of title 10, United States 
Code, is amended by adding at the end the following new subsection (e):
    ``(e) Consideration of Application for Transfer for a Cadet Who Is 
the Victim of a Sexual Assault or Related Offense.--(1) The Secretary 
of the Air Force shall provide for timely determination and action on 
an application for consideration of a transfer to another military 
service academy submitted by a cadet who was a victim of a sexual 
assault or other offense covered by section 920, 920a, or 920c of this 
title (article 120, 120a, or 120c of the Uniform Code of Military 
Justice) so as to reduce the possibility of retaliation against the 
cadet for reporting the sexual assault or other offense.
    ``(2) The Secretary of the Air Force shall prescribe regulations to 
carry out this subsection, within guidelines provided by the Secretary 
of Defense that direct the Superintendent of the Air Force Academy, in 
coordination with the Superintendent of the military service academy to 
which the cadet wishes to transfer, to approve or deny an application 
under this subsection not later than 72 hours after the submission of 
the application. If the Superintendent denies such an application, the 
cadet may request review of the denial by the Secretary of the Air 
Force, who shall grant or deny review not later than 72 hours after 
submission of the request for review. The Secretary of the Air Force 
shall ensure that all records of any request, determination, or action 
under this subsection remain confidential.''.

SEC. 5. TIMELY DISPOSITION OF NONPROSECUTABLE SEX-RELATED OFFENSES.

    (a) Policy Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall develop and 
implement a policy to ensure the timely disposition of nonprosecutable 
sex-related offenses in accordance with subsection (b).
    (b) Elements.--The policy developed under subsection (a) shall 
require the following:
            (1) Not later than seven days after the date on which a 
        court-martial convening authority declines to refer a 
        nonprosecutable sex-related offense for trial by general or 
        special court-martial under chapter 47 of title 10, United 
        States Code (the Uniform Code of Military Justice), the 
        convening authority will forward the investigation to the 
        commander of the accused.
            (2) Not later than 90 days after the date on which the 
        commander of the accused receives the investigation under 
        paragraph (1)--
                    (A) the commander will determine whether or not to 
                take other judicial, nonjudicial, or administrative 
                action in connection with the conduct covered by the 
                investigation, including any lesser included offenses, 
                as authorized under section 815 of title 10, United 
                States Code (article 15 of the Uniform Code of Military 
                Justice); and
                    (B) in a case in which the commander of the accused 
                decides to take additional action under subparagraph 
                (A), the commander take such actions as appropriate.
    (c) Nonprosecutable Sex-Related Offense Defined.--In this section, 
the term ``nonprosecutable sex-related offense'' means an alleged sex-
related offense (as that term is defined in section 1044e(g) of title 
10, United States Code) that a court-martial convening authority has 
declined to refer for trial by a general or special court-martial under 
chapter 47 of title 10, United States Code (the Uniform Code of 
Military Justice) due to a determination that there is insufficient 
evidence to support prosecution of the sex-related offense.

SEC. 6. VICTIM PREFERENCE IN RESTRICTED REPORTING OF SEXUAL ASSAULT.

    (a) Policy Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall develop and 
implement a policy to ensure that a member of the Armed Forces, or an 
adult dependent of a member, who is the victim of a sexual assault may 
elect to file a restricted report of the assault, without regard to 
whether the allegation was disclosed, directly or indirectly, to a 
third party.
    (b) Sexual Assault Defined.--In this section, the term ``sexual 
assault'' includes the offenses of rape, sexual assault, forcible 
sodomy, aggravated sexual contact, abusive sexual contact, and attempts 
to commit such offenses, as punishable under applicable Federal or 
State law.

SEC. 7. EXTENSION OF DEFENSE ADVISORY COMMITTEE ON INVESTIGATION, 
              PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT IN THE ARMED 
              FORCES.

    Section 546 of the Carl Levin and Howard P. ``Buck'' McKeon 
National Defense Authorization Act for Fiscal Year 2015 (Public Law 
113-291; 10 U.S.C. 1561 note) is amended--
            (1) by redesignating the second subsection (f) as 
        subsection (g); and
            (2) in subsection (f)(1), by striking ``five years'' and 
        inserting ``10 years''.

SEC. 8. REPORT ON GUARDIAN AD LITEM FOR CHILD VICTIMS OF SEXUAL 
              ASSAULT.

    Not later than 180 days after the date of the enactment of this 
Act, the Defense Advisory Committee on Investigation, Prosecution, and 
Defense of Sexual Assault in the Armed Forces shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report that evaluates the need for, and the 
feasability of, establishing a process under which a guardian ad litem 
may be appointed to represent the interests of a victim of an alleged 
sex-related offense (as that term is defined in section 1044e(g) of 
title 10, United States Code) who has not attained the age of 18 years.
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