I 

114TH CONGRESS 

2D SESSION H. R. 4991 

To amend the Uniform Code of Military Justice to establish the offense 

of retaliation, to improve military justice case management, data collection, and the accessibility of such data, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2016 

Mr. TURNER (for himself and Ms. TSONGAS) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend the Uniform Code of Military Justice to establish 

the offense of retaliation, to improve military justice 

case management, data collection, and the accessibility 

of such data, 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 ‘‘Prevent Retaliation 

5 and Open up Transparency to Expand Care for Troops 

6 Act of 2016’’ or the ‘‘PROTECT Act’’. 


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1 SEC. 2. RETALIATION. 

2 (a) ESTABLISHMENT OF OFFENSE.—Subchapter X 

3 of chapter 47 of title 10, United States Code, is amended 

4 by inserting after section 907 (article 107 of the Uniform 

5 Code of Military Justice) the following new section (arti6 cle): 

7 ‘‘§ 907a. Art. 107a. Retaliation 

8 ‘‘Any person subject to this chapter who, with the in9 tent to retaliate against any person for reporting or plan10 ning to report a criminal offense, or with the intent to 

11 discourage any person from reporting a criminal offense— 

12 ‘‘(1) wrongfully takes or threatens to take an 

13 adverse personnel action against any person; or 

14 ‘‘(2) wrongfully withholds or threatens to with15 hold a favorable personnel action with respect to any 

16 person; 

17 shall be punished as a court-martial may direct.’’. 

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

19 at the beginning of subchapter X of chapter 47 of title 

20 10, United States Code, is amended by inserting after the 

21 item relating to section 907 (article 107 of the Uniform 

22 Code of Military Justice) the following new item: 

‘‘907a. 107a. Retaliation.’’. 


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1 SEC. 3. MILITARY JUSTICE CASE MANAGEMENT; DATA COL2 LECTION AND ACCESSIBILITY. 

3 (a) IN GENERAL.—Subchapter XI of chapter 47 of 

4 title 10, United States Code (the Uniform Code of Military 

5 Justice), is amended by adding at the end the following 

6 new section (article): 

7 ‘‘§ 940a. Art. 140a. Case management; data collection 

8 and accessibility 

9 ‘‘The Secretary of Defense shall prescribe uniform 

10 standards and criteria for conduct of each of the following 

11 functions at all stages of the military justice system, in12 cluding pretrial, trial, post-trial, and appellate processes, 

13 using, insofar as practicable, the best practices of Federal 

14 and State courts: 

15 ‘‘(1) Collection and analysis of data concerning 

16 substantive offenses and procedural matters in a 

17 manner that facilitates case management and deci18 sionmaking within the military justice system, and 

19 that enhances the quality of periodic reviews under 

20 section 946 of this title (article 146). 

21 ‘‘(2) Case processing and management. 

22 ‘‘(3) Timely, efficient, and accurate production 

23 and distribution of records of trial within the mili24 tary justice system. 

25 ‘‘(4) Facilitation of access to docket informa26 tion, filings, and records, taking into consideration 


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1 restrictions appropriate to judicial proceedings and 

2 military records.’’. 

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

4 at the beginning of subchapter XI of chapter 47 of title 

5 10, United States Code, is amended by adding at the end 

6 the following item: 

‘‘940a. 140a. Case management; data collection and accessibility.’’. 

7 (c) EFFECTIVE DATES.— 

8 (1) IMPLEMENTATION.—Not later than two 

9 years after the date of the enactment of this Act, the 

10 Secretary of Defense shall carry out section 940a of 

11 title 10, United States Code (article 140a of the 

12 Uniform Code of Military Justice), as added by sub13 section (a). 

14 (2) DEADLINE FOR STANDARDS AND CRI15 TERIA.—Not later than four years after the date of 

16 the enactment of this Act, the standards and criteria 

17 under section 940a of title 10, United States Code 

18 (article 140a of the Uniform Code of Military Jus19 tice), as added by subsection (a), shall take effect. 

20 SEC. 4. IMPROVED INVESTIGATION OF ALLEGATIONS OF 

21 PROFESSIONAL RETALIATION. 

22 Section 1034(c)(4) of title 10, United States Code, 

23 is amended by adding at the end the following new sub24 paragraph: 


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1 ‘‘(F) The Secretary concerned shall ensure that any 

2 individual investigating an allegation as described in para3 graph (1) must have training in the definition and charac4 teristics of retaliation. In addition, if the investigation in5 volves alleged retaliation in response to a communication 

6 regarding a violation of a law or regulation prohibiting 

7 rape, sexual assault, or other sexual misconduct in viola8 tion of sections 920 through 920c of this title (articles 

9 120 through 120c of the Uniform Code of Military Jus10 tice), the training shall include specific instruction regard11 ing such violations.’’. 

12 SEC. 5. ANNUAL REPORT ON INFORMATION RECEIVED BY 

13 DEPARTMENT OF DEFENSE FAMILY ADVO14 CACY PROGRAMS REGARDING UNWANTED 

15 SEXUAL CONTACT BY MEMBERS OF THE 

16 ARMED FORCES. 

17 Not later than January 31, 2017, and each January 

18 31 thereafter through January 31, 2021, the Secretary 

19 of each military department shall submit to the Commit20 tees on Armed Services of the House of Representatives 

21 and the Senate a report containing information regarding 

22 each report of unwanted sexual contact committed by a 

23 member of the Armed Forces against a domestic partner 

24 or child of the member that was received by a family advoVerDate Sep 11 2014 03:13 Apr 23, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4991.IH H4991

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1 cacy program of the Department of Defense during the 

2 preceding year covered by the report. 

3 SEC. 6. SENSE OF CONGRESS REGARDING PLIGHT OF MALE 

4 VICTIMS OF MILITARY SEXUAL TRAUMA. 

5 (a) FINDING.—Congress finds that the plight of male 

6 victims of military sexual trauma remains in the shadows 

7 due a lack of social awareness on the issue of male victim8 ization. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that the Secretary of Defense should— 

11 (1) enhance victims’ access to intensive medical 

12 and mental health treatment for military sexual 

13 trauma treatment; 

14 (2) look for opportunities to utilize male sur15 vivors of sexual assault as presenters during annual 

16 Sexual Assault Preventions and Response training; 

17 and 

18 (3) ensure Department of Defense medical and 

19 mental health providers are adequately trained to 

20 meet the needs of male survivors of military sexual 

21 trauma. 

Æ 


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