II 

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. 

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 ‘‘Military Special Vic5 tims Protection Act of 2019’’. 


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1 SEC. 2. ENACTMENT AND EXPANSION OF POLICY ON WITH2 HOLDING OF INITIAL DISPOSITION AUTHOR3 ITY FOR CERTAIN OFFENSES UNDER THE 

4 UNIFORM CODE OF MILITARY JUSTICE. 

5 (a) INITIAL DISPOSITION AUTHORITY.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the proper authority for a determination 

8 of disposition of reported offenses with respect to 

9 any offense specified in subsection (b) shall be an of10 ficer in a grade not below the grade of O–6 in the 

11 chain of command of the subject who is authorized 

12 by chapter 47 of such title (the Uniform Code of 

13 Military Justice) to convene special courts-martial. 

14 (2) AUTHORITY WHEN SUBJECT AND VICTIM

15 ARE IN DIFFERENT CHAINS OF COMMAND.—If the 

16 victim of an offense specified in subsection (b) is in 

17 a different chain of command than the subject, the 

18 proper authority under paragraph (1) shall be an of19 ficer described in that paragraph in the chain of 

20 command of the victim. 

21 (3) CONSTRUCTION.—Nothing in this sub22 section shall be construed— 

23 (A) to prohibit the preferral of charges by 

24 an authorized person under section 830(a)(1) of 

25 title 10, United States Code (article 30(a)(1) of 

26 the Uniform code of Military Justice), with reVerDate Sep 11 2014 17:08 May 25, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1500.IS S1500

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1 spect to the offenses specified in subsection (b), 

2 and the forwarding of such charges as so pre3 ferred to the proper authority under paragraph 

4 (1) with a recommendation as disposition; or 

5 (B) to prohibit an officer in a grade below 

6 the grade of O–6 from advising an officer de7 scribed in paragraph (1) who is making a deter8 mination described in that paragraph with re9 spect to the disposition of the offenses involved. 

10 (b) COVERED OFFENSES.—An offense specified in 

11 this subsection is any offense as follows: 

12 (1) An offense under section 893 of title 10, 

13 United States Code (article 93 of the Uniform Code 

14 of Military Justice), relating to cruelty and maltreat15 ment, if the offense constitutes sexual harassment. 

16 (2) An offense under section 893a of title 10, 

17 United States Code (article 93a of the Uniform 

18 Code of Military Justice), relating to prohibited ac19 tivity with a military recruit or trainee by a person 

20 in a position of special trust. 

21 (3) An offense under section 918 of title 10, 

22 United States Code (article 118 of the Uniform 

23 Code of Military Justice), relating to murder, if the 

24 offense is committed in connection with family abuse 

25 or other domestic violence. 


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1 (4) An offense under section 919 of title 10, 

2 United States Code (article 119 of the Uniform 

3 Code of Military Justice), relating to manslaughter, 

4 if the offense is committed in connection with family 

5 abuse or other domestic violence. 

6 (5) An offense under section 919a of title 10, 

7 United States Code (article 119a of the Uniform 

8 Code of Military Justice), relating to death or injury 

9 of an unborn child, if the offense is committed in 

10 connection with family abuse or other domestic vio11 lence. 

12 (6) An offense under section 919b of title 10, 

13 United States Code (article 119b of the Uniform 

14 Code of Military Justice), relating to child 

15 endangerment, if the offense is committed in connec16 tion with family abuse or other domestic violence. 

17 (7) An offense under section 920 of title 10, 

18 United States Code (article 120 of the Uniform 

19 Code of Military Justice), relating to rape and sex20 ual assault generally. 

21 (8) An offense under section 920b of title 10, 

22 United States Code (article 120b of the Uniform 

23 Code of Military Justice), relating to rape and sex24 ual assault of a child. 


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1 (9) An offense under section 920c of title 10, 

2 United States Code (article 120c of the Uniform 

3 Code of Military Justice), relating to other sexual 

4 misconduct. 

5 (10) An offense under section 925 of title 10, 

6 United States Code (article 125 of the Uniform 

7 Code of Military Justice), relating to kidnapping, if 

8 the offense is committed in connection with family 

9 abuse or other domestic violence. 

10 (11) An offense under section 928 of title 10, 

11 United States Code (article 128 of the Uniform 

12 Code of Military Justice), relating to aggravated as13 sault, if the offense is committed in connection with 

14 family abuse or other domestic violence. 

15 (12) An offense under section 928a of title 10, 

16 United States Code (article 128a of the Uniform 

17 Code of Military Justice), relating to maiming, if the 

18 offense is committed in connection with family abuse 

19 or other domestic violence. 

20 (13) An offense under section 928b of title 10, 

21 United States Code (article 128b of the Uniform 

22 Code of Military Justice), relating to domestic vio23 lence. 

24 (14) An offense under section 930 of title 10, 

25 United States Code (article 130 of the Uniform 


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1 Code of Military Justice), relating to stalking, if the 

2 offense is committed in connection with family abuse 

3 or other domestic violence. 

4 (15) An offense under section 932 of title 10, 

5 United States Code (article 132 of the Uniform 

6 Code of Military Justice), relating to retaliation. 

7 (16) An offense under section 934 of title 10, 

8 United States Code (article 134 of the Uniform 

9 Code of Military Justice), if the offense relates to 

10 child pornography. 

11 (17) An offense under section 934 of title 10, 

12 United States Code (article 134 of the Uniform 

13 Code of Military Justice), if the offense— 

14 (A) relates to animal abuse; and 

15 (B) is committed in connection with family 

16 abuse or other domestic violence. 

17 (18) An offense under section 934 of title 10, 

18 United States Code (article 134 of the Uniform 

19 Code of Military Justice), if the offense— 

20 (A) relates to negligent homicide; and 

21 (B) is committed in connection with family 

22 abuse or other domestic violence. 

23 (19) An attempt to commit an offense specified 

24 in a paragraph (1) through (18) as punishable under 


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1 section 880 of title 10, United States Code (article 

2 80 of the Uniform Code of Military Justice). 

3 (c) SCOPE OF DISPOSITION AUTHORITY WITH RE4 SPECT TO PARTICULAR OFFENSES.—The authority in 

5 subsection (a) of an officer to make a disposition deter6 mination described in that subsection with respect to any 

7 offense specified in subsection (b) extends to a determina8 tion of disposition with respect to any of the following: 

9 (1) Any other offenses against the subject aris10 ing out of the incident in which the offense is alleged 

11 to have occurred. 

12 (2) Any reported offenses in connection with 

13 misconduct of the victim, arising out of such inci14 dent. 

15 (d) SCOPE OF DISPOSITION DETERMINATIONS.—Ex16 cept for an offense specified in section 818(c) of title 10, 

17 United States Code (article 18(c) of the Uniform Code of 

18 Military Justice), of which only general courts-martial 

19 have jurisdiction, the disposition determinations permis20 sible in the exercise of the authority under this section 

21 with respect to charges and specifications are as follows: 

22 (1) No action. 

23 (2) Administrative action. 

24 (3) Imposition of non-judicial punishment. 

25 (4) Preferral of charges. 


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1 (5) If such charges and specifications were pre2 ferred from a subordinate, referral to court-martial 

3 for trial. 

4 (6) Forwarding to a superior or subordinate au5 thority for further disposition. 

6 (e) REVIEW OF CERTAIN DISPOSITION DETERMINA7 TIONS.— 

8 (1) INITIAL REVIEW AND RECOMMENDATION.— 

9 If a disposition determination under this section 

10 with respect to an offense is for a disposition speci11 fied in paragraph (1), (2), or (3) of subsection (d) 

12 and the legal advisor to the officer making the dis13 position determination has recommended a disposi14 tion specified in paragraph (4), (5), or (6) of that 

15 subsection, a Special Victim Prosecutor (SVP), Sen16 ior Trial Counsel (STC), or Regional Trial Counsel 

17 (RTC) not in the chain of command of the officer 

18 making the disposition determination shall— 

19 (A) review the disposition determination; 

20 and 

21 (B) recommend to the staff judge advocate 

22 in the chain of command whether to endorse or 

23 supersede the disposition determination. 

24 (2) SJA REVIEW AND ADVICE.—Upon comple25 tion of a review of a recommendation under paraVerDate Sep 11 2014 17:08 May 25, 2019 Jkt 034408 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1500.IS S1500

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1 graph (1)(B), the staff judge advocate concerned 

2 shall advise the next superior commander in the 

3 chain of command of the officer making the original 

4 disposition determination whether such disposition 

5 determination should be endorsed or superseded. 

6 (3) FINAL DISPOSITION DETERMINATION.— 

7 After considering advice under paragraph (2) with 

8 respect to an original disposition determination, the 

9 superior commander concerned shall— 

10 (A) make a new disposition determination 

11 with respect to the offenses concerned; or 

12 (B) endorse the original disposition deter13 mination for appropriate further action. 

14 (f) TRAINING.— 

15 (1) IN GENERAL.—The training provided to 

16 commissioned officers of the Armed Forces in grades 

17 O–6 and above on the exercise of authority pursuant 

18 to this section for determinations of the disposition 

19 of an offense specified in subsection (b) shall include 

20 specific training on such matters in connection with 

21 sexual harassment, sexual assault, and family abuse 

22 and domestic violence as the Secretary of Defense 

23 considers appropriate to make informed disposition 

24 determinations under such authority. 


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1 (2) CONSTRUCTION.—Nothing in this sub2 section shall be construed to deprive a court-martial 

3 of jurisdiction based on the level or amount of train4 ing received by the disposition authority pursuant to 

5 this section. 

6 (g) MANUAL FOR COURTS-MARTIAL.—The President 

7 shall implement the requirement of this section into the 

8 Manual for Courts-Martial in accordance with section 836 

9 of title 10, United States Code (article 36 of the Uniform 

10 Code of Military Justice). 

11 SEC. 3. SPECIAL VICTIMS’ COUNSEL MATTERS. 

12 (a) EXPANSION OF COVERED OFFENSES TO IN13 CLUDE ALLEGED DOMESTIC VIOLENCE OFFENSES.— 

14 (1) IN GENERAL.—Section 1044e of title 10, 

15 United States Code, is amended— 

16 (A) by striking ‘‘alleged sex-related of17 fense’’ each place it appears and inserting ‘‘al18 leged covered offense’’; and 

19 (B) by striking subsection (g) and insert20 ing the following new subsection (g): 

21 ‘‘(g) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘alleged covered offense’ means 

23 any of the following: 

24 ‘‘(A) An alleged sex-related offense. 

25 ‘‘(B) An alleged domestic violence offense. 


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1 ‘‘(2) The term ‘alleged sex-related offense’ 

2 means any allegation of— 

3 ‘‘(A) a violation of section 920, 920b, 

4 920c, or 930 of this title (article 120, 120b, 

5 120c, or 130 of the Uniform Code of Military 

6 Justice); or 

7 ‘‘(B) an attempt to commit an offense 

8 specified in a subparagraph (A) as punishable 

9 under section 880 of this title (article 80 of the 

10 Uniform Code of Military Justice). 

11 ‘‘(3) The term ‘alleged domestic violence of12 fense’ means any allegation of— 

13 ‘‘(A) a violation of section 928(b), 928b(1), 

14 928b(5), or 930 of this title (article 128(b), 

15 128b(1), 128b(5), or 130 of the Uniform Code 

16 of Military Justice), when committed against a 

17 spouse, intimate partner, or immediate family 

18 member; 

19 ‘‘(B) a violation of any other provision of 

20 subchapter X of chapter 47 of this title (the 

21 Uniform Code of Military Justice), when com22 mitted against a spouse, intimate partner, or 

23 immediate family member, as specified by the 

24 Secretary concerned for purposes of eligibility 

25 for legal consultation and assistance by Special 


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1 Victims’ Counsel under the jurisdiction of such 

2 Secretary under this section; or 

3 ‘‘(C) an attempt to commit an offense 

4 specified in a subparagraph (A) or (B) as pun5 ishable under section 880 of this title (article 

6 80 of the Uniform Code of Military Justice).’’. 

7 (2) CONFORMING AND CLERICAL AMEND8 MENTS.— 

9 (A) HEADING AMENDMENT.—The heading 

10 of such section is amended to read as follows: 

11 ‘‘§ 1044e. Special Victims’ Counsel: victims of sex-re12 lated offenses; victims of domestic vio13 lence offenses’’. 

14 (B) TABLE OF SECTIONS.—the table of 

15 sections at the beginning of chapter 53 of such 

16 title is amended by striking the item relating to 

17 section 1044e and inserting the following new 

18 item: 

‘‘1044e. Special Victims’ Counsel: victims of sex-related offenses; victims of domestic violence offenses.’’. 

19 (b) EXPANSION OF ELIGIBILITY TO ALL CIVILIAN

20 VICTIMS OF ALLEGED COVERED OFFENSES.—Subsection 

21 (a)(2) of section 1044e of such title, as amended by sub22 section (a)(1) of this section, is further amended by strik23 ing subparagraph (C) and inserting the following new sub24 paragraph (C): 


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1 ‘‘(C) Any civilian individual not covered by sub2 paragraph (A) or (B) who is the victim of an alleged 

3 covered offense if the Secretary of Defense or the 

4 Secretary of the military department concerned 

5 waives any condition in such section for the purposes 

6 of offering Special Victims’ Counsel services to such 

7 individual.’’. 

8 (c) ENHANCEMENT OF LEGAL CONSULTATION AND

9 ASSISTANCE IN CONNECTION WITH POTENTIAL VICTIM

10 BENEFITS.—Paragraph (8)(D) of subsection (b) of such 

11 section is amended by striking ‘‘and other’’ and inserting 

12 ‘‘, section 1408(h) of this title, and other’’. 

13 (d) EXPANSION OF LEGAL ASSISTANCE AUTHORIZED

14 TO INCLUDE CONSULTATION AND ASSISTANCE FOR RE15 TALIATION.—Subsection (b) of such section is amended 

16 further— 

17 (1) by redesignating paragraph (10) as para18 graph (11); and 

19 (2) by inserting after paragraph (9) the fol20 lowing new paragraph (10): 

21 ‘‘(10) Legal consultation and assistance in con22 nection with an incident of retaliation, whether such 

23 incident occurs before, during, or after the conclu24 sion of any criminal proceedings, including— 


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1 ‘‘(A) in understanding the rights and pro2 tections afforded to victims of retaliation; 

3 ‘‘(B) in the filing of complaints; and 

4 ‘‘(C) in any resulting military justice pro5 ceedings.’’. 

6 (e) CODIFICATION OF DUTY TO DETERMINE VIC7 TIM’S PREFERENCE FOR PROSECUTION OF ALLEGED OF8 FENSE BY COURT-MARTIAL OR CIVILIAN COURT.— 

9 (1) IN GENERAL.—Such section is further 

10 amended— 

11 (A) by redesignating subsections (d) 

12 through (h) as subsections (e) through (i), re13 spectively; and 

14 (B) by inserting after subsection (c) the 

15 following new subsection (d): 

16 ‘‘(d) DUTY TO DETERMINE VICTIM’S PREFERENCE

17 FOR PROSECUTION OF AN ALLEGED COVERED OFFENSE

18 BY COURT-MARTIAL OR CIVILIAN COURT.—(1) In pro19 viding legal consultation and representation to a victim 

20 under this section in connection with an alleged covered 

21 offense that occurs in the United States, a Special Vic22 tims’ Counsel shall have the duty— 

23 ‘‘(A) to solicit the victim’s preference regarding 

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1 martial or in a civilian court with jurisdiction over 

2 the offense; and 

3 ‘‘(B) to make the victim’s preference, if offered, 

4 known to appropriate military prosecutors. 

5 ‘‘(2) Any consultation by a Special Victims’ Counsel 

6 pursuant to paragraph (1) shall occur in accordance with 

7 the process for such consultation established pursuant to 

8 section 534(b) of the Carl Levin and Howard P. ‘Buck’ 

9 McKeon National Defense Authorization Act for Fiscal 

10 Year 2015 (10 U.S.C. 1044e note) or such other process 

11 as the Secretary of Defense shall establish for that pur12 pose.’’. 

13 (2) CONFORMING AMENDMENT.—Paragraph 

14 (11) of subsection (b) of such section, as redesig15 nated by subsection (d)(1) of this section, is amend16 ed by striking ‘‘subsection (h)’’ and inserting ‘‘sub17 section (i)’’. 

18 (f) PERSONNEL AND TRAINING.— 

19 (1) PERSONNEL.—Commencing October 1, 

20 2019, each Secretary concerned shall establish and 

21 maintain such additional military and civilian billets 

22 for legal counsel and paralegals as such Secretary 

23 considers appropriate in order to ensure that each 

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1 sel and assistance required under section 1044e of 

2 title 10, United States Code, by reason of the 

3 amendments made by this section by not later than 

4 September 30, 2025. 

5 (2) TRAINING.—Each Secretary concerned shall 

6 provide military and civilian legal personnel under 

7 the jurisdiction of such Secretary such training as 

8 the Secretary considers appropriate for the provision 

9 of legal counsel and assistance required under sec10 tion 1044e of title 10, United States Code, by rea11 son of the amendments made by this section. To the 

12 extent practicable, the training provided pursuant to 

13 this paragraph shall be uniform across the Armed 

14 Forces. 

15 (3) CONSULTATION.—Each Secretary concerned 

16 shall consult with the Judge Advocate General con17 cerned regarding the additional number of billets re18 quired pursuant to paragraph (1) and the training 

19 to be provided pursuant to paragraph (2). 

20 (4) REPORTS.—Not later than 180 days after 

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

22 concerned shall submit to the congressional defense 

23 committees a report setting forth the plan of such 

24 Secretary to modify the Special Victims’ Counsel 

25 program under the jurisdiction of such Secretary in 


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1 order to meet the requirement in paragraph (1) by 

2 the deadline specified in that paragraph. Each re3 port shall set forth, for the Special Victims’ Counsel 

4 program concerned, the number of additional mili5 tary billets and additional civilian billets the Sec6 retary concerned requires to establish and maintain 

7 under paragraph (1) in order to meet the require8 ment in that paragraph by the deadline specified in 

9 that paragraph. 

10 (5) DEFINITIONS.—In this subsection: 

11 (A) The term ‘‘Secretary concerned’’ has 

12 the meaning given that term in section 

13 101(a)(9) of title 10, United States Code. 

14 (B) The term ‘‘Judge Advocate General’’ 

15 has the meaning given that term in section 

16 801(1) of title 10, United States Code (article 

17 1(1) of the Uniform Code of Military Justice). 

18 SEC. 4. CORRECTION OF MILITARY RECORDS AND DIS19 CHARGE REVIEW FOR CERTAIN FORMER 

20 MEMBERS WHOSE NARRATIVE REASON FOR 

21 DISCHARGE WAS WRONGFULLY DESCRIBED 

22 AS PERSONALITY DISORDER. 

23 (a) CORRECTION OF MILITARY RECORDS.—Section 

24 1552 of title 10, United States Code, is amended— 


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1 (1) by redesignating subsections (i) and (j) as 

2 subsections (j) and (k), respectively; and 

3 (2) by inserting after subsection (h) the fol4 lowing new subsection (i): 

5 ‘‘(i)(1) This subsection applies to a former member 

6 of the Armed Forces who is a military sexual trauma sur7 vivor and suffers from post-traumatic stress disorder or 

8 traumatic brain injury and whose claim under this section 

9 is for review of the narrative reason for discharge of the 

10 former member as personality disorder, borderline per11 sonal disorder, or a related non-disability mental condition 

12 (NDMC). 

13 ‘‘(2) A claimant under this subsection shall support 

14 the claim with documentation or other evidence from a 

15 psychiatrist, psychologist, or other competent health care 

16 professional that the claimant does not have the disorder 

17 providing the narrative reason for the claimant’s dis18 charge. 

19 ‘‘(3) In the case of a claimant described in paragraph 

20 (1), a board established under subsection (a) shall— 

21 ‘‘(A) review and give liberal consideration to the 

22 documentation or evidence of the claimant under 

23 paragraph (2); and 

24 ‘‘(B) if the board determines that the claimant 

25 does not have the disorder, correct the military 


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1 records of the claimant to provide a narrative reason 

2 for the claimant’s discharge as Secretarial Authority 

3 (or similar authority available at the time of the 

4 claimant’s discharge if before the recognition of Sec5 retarial Authority) or such other narrative reason 

6 (other than the disorder) as the board considers ap7 propriate.’’. 

8 (b) DISCHARGE REVIEW.—Section 1553 of such title 

9 is amended— 

10 (1) by redesignating subsection (f) as sub11 section (g); and 

12 (2) by inserting after subsection (e) the fol13 lowing new subsection (f): 

14 ‘‘(f) In the case of a former member of the Armed 

15 Forces who is a military sexual trauma survivor and suf16 fers from post-traumatic stress disorder or traumatic 

17 brain injury and whose narrative reason for discharge or 

18 dismissal was personality disorder, borderline personality 

19 disorder, or a related non-disability mental condition 

20 (NDMC) and who submits to a board established under 

21 this section documentation or other evidence from a psy22 chiatrist, psychologist, or other competent health care pro23 fessional that the former member does not have the dis24 order providing the narrative reason for the former mem25 ber’s discharge or dismissal, the board shall— 


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1 ‘‘(1) review and give liberal consideration to the 

2 documentation or evidence submitted by the former 

3 member; and 

4 ‘‘(2) if the board determines that the former 

5 member does not have the disorder, change the nar6 rative reason for the former member’s discharge or 

7 dismissal to Secretarial Authority or such other nar8 rative reason (other than the disorder) as the board 

9 considers appropriate.’’. 

10 (c) REPORTS.— 

11 (1) IN GENERAL.—Not later than 270 days 

12 after the date of the enactment of this Act, and an13 nually thereafter for the next four years, each Sec14 retary concerned shall submit to Congress a report 

15 on the activities of boards for the correction of mili16 tary records under subsection (i) of section 1552 of 

17 title 10, United States Code (as amended by sub18 section (a) of this section), and of discharge review 

19 boards under subsection (f) of section 1553 of title 

20 10, United States Code (as amended by subsection 

21 (b) of this section), under the jurisdiction of such 

22 Secretary during the one-year period ending on the 

23 date of such report. Each report shall include the 

24 following: 

25 (A) For the period covered by such report: 


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1 (i) The number of claims submitted 

2 under such subsection (i) to boards for the 

3 correction of military records under the ju4 risdiction of such Secretary, and the num5 ber of claims for which relief was granted. 

6 (ii) The number of claims submitted 

7 under such subsection (f) to discharge re8 view boards under the jurisdiction of such 

9 Secretary, and the number of claims for 

10 which relief was granted. 

11 (B) Such recommendations for administra12 tive action or legislative action in connection 

13 with the activities of such boards under such 

14 subsections (i) and (f) as such Secretary con15 siders appropriate. 

16 (2) SECRETARY CONCERNED DEFINED.—In this 

17 subsection, the term ‘‘Secretary concerned’’ has the 

18 meaning given that term in section 101(a)(9) of title 

19 10, United States Code. 

20 SEC. 5. INCLUSION OF INTIMATE PARTNER VIOLENCE 

21 AMONG SUPPORTING RATIONALES FOR CER22 TAIN CLAIMS FOR CORRECTIONS OF MILI23 TARY RECORDS AND DISCHARGE REVIEW. 

24 (a) CORRECTION OF MILITARY RECORDS.—Section 

25 1552(h)(1) of title 10, United States Code, is amended 


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1 by striking ‘‘or military sexual trauma’’ and inserting ‘‘, 

2 military sexual trauma, or intimate partner violence’’. 

3 (b) DISCHARGE REVIEW.—Section 1553(d)(3)(B) of 

4 such title is amended by striking ‘‘or military sexual trau5 ma’’ and inserting ‘‘, military sexual trauma, or intimate 

6 partner violence’’. 

7 SEC. 6. TRAINING OF MEMBERS OF BOARDS FOR CORREC8 TION OF MILITARY RECORDS AND DIS9 CHARGE REVIEW BOARDS ON MILITARY SEX10 UAL TRAUMA, INTIMATE PARTNER VIO11 LENCE, AND RELATED MATTERS. 

12 (a) BOARDS FOR CORRECTION OF MILITARY

13 RECORDS.—The curriculum of training for members of 

14 boards for the correction of military records under section 

15 534(c) of the National Defense Authorization Act for Fis16 cal Year 2017 (10 U.S.C. 1552 note) shall include train17 ing on each of the following: 

18 (1) Military sexual trauma. 

19 (2) Intimate partner violence. 

20 (3) The various responses of individuals to 

21 trauma. 

22 (b) DISCHARGE REVIEW BOARDS.— 

23 (1) IN GENERAL.—Each Secretary concerned 

24 shall develop and provide training for members of 

25 discharge review boards under section 1553 of title 


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1 10, United States Code, that are under the jurisdic2 tion of such Secretary on each of the following: 

3 (A) Military sexual trauma. 

4 (B) Intimate partner violence. 

5 (C) The various responses of individuals to 

6 trauma. 

7 (2) UNIFORMITY OF TRAINING.—The Secretary 

8 of Defense and the Secretary of Homeland Security 

9 shall jointly ensure that the training developed and 

10 provided pursuant to this subsection is, to the extent 

11 practicable, uniform. 

12 (3) SECRETARY CONCERNED DEFINED.—In this 

13 subsection, the term ‘‘Secretary concerned’’ has the 

14 meaning given that term in section 101(a)(9) of title 

15 10, United States Code. 

16 SEC. 7. REPORT ON ESTABLISHMENT OF GUARDIAN AD 

17 LITEM PROGRAM FOR CERTAIN MILITARY 

18 DEPENDENTS WHO ARE VICTIM OR WITNESS 

19 OF OFFENSES UNDER THE UNIFORM CODE 

20 OF MILITARY JUSTICE INVOLVING ABUSE OR 

21 EXPLOITATION. 

22 (a) REPORT REQUIRED.— 

23 (1) IN GENERAL.—Not later than one year 

24 after the date of the enactment of this Act, the Sec25 retary of Defense shall submit to the Committees on 


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1 Armed Services of the Senate and the House of Rep2 resentatives a report setting forth an assessment of 

3 the feasibility and advisability of establishing a 

4 guardian ad litem program for military dependents 

5 described in paragraph (2) who are a victim or wit6 ness of an offense under chapter 47 of title 10, 

7 United States Code (the Uniform Code of Military 

8 Justice), that involves an element of abuse or exploi9 tation in order to protect the best interests of such 

10 dependents in a court-martial of such offense. 

11 (2) COVERED DEPENDENTS.—The military de12 pendents described in this paragraph are as follows: 

13 (A) Military dependents under 12 years of 

14 age. 

15 (B) Military dependents who lack mental 

16 or other capacity. 

17 (b) ELEMENTS.—The report required by subsection 

18 (a) shall include the following: 

19 (1) An assessment of the feasibility and advis20 ability of establishing a guardian ad litem program 

21 as described in subsection (a). 

22 (2) If establishment of the guardian ad litem 

23 program is considered feasible and advisable, the fol24 lowing: 


pbinns on DSK79D2C42PROD with BILLS
25 

•S 1500 IS

1 (A) A description of administrative re2 quirements in connection with the program, in3 cluding the following: 

4 (i) Any memoranda of understanding 

5 between the Department of Defense and 

6 State and local authorities required for 

7 purposes of the program. 

8 (ii) The personnel, funding, and other 

9 resources required for purposes of the pro10 gram. 

11 (B) Best practices for the program (as de12 termined in consultation with appropriate civil13 ian experts on child advocacy). 

14 (C) Such recommendations for legislative 

15 and administration action to implement the pro16 gram as the Secretary considers appropriate. 

Æ 


pbinns on DSK79D2C42PROD with BILLS