II 

116TH CONGRESS 

1ST SESSION S. 1495 

To amend title 10, United States Code, to enhance the prevention of sexual 

assault and related offenses in the Armed Forces, to enhance protections 

of victims of such offenses, to improve the investigation and prosecution 

of such offenses, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2019 

Ms. MCSALLY (for herself, Mr. TILLIS, Mr. BLUNT, Ms. ERNST, Mr. SCOTT

of Florida, and Mr. ROUNDS) 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 enhance the 

prevention of sexual assault and related offenses in the 

Armed Forces, to enhance protections of victims of such 

offenses, to improve the investigation and prosecution 

of such offenses, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Combating Military Sexual Assault Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—PREVENTION AND TRAINING ON SEXUAL ASSAULT IN 

THE ARMED FORCES 

Sec. 101. Training for commanders in the Armed Forces on their role in all 

stages of military justice in connection with sexual assault. 

Sec. 102. Training for Sexual Assault Initial Disposition Authorities on exercise 

of disposition authority for sexual assault and collateral offenses. 

Sec. 103. Three-year extension of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed 

Forces. 

Sec. 104. Military department grants on research on sexual assault prevention 

and reduction efforts at institutions of higher education. 

Sec. 105. Report on expansion of the Close Airman Support team approach of 

the Air Force to the other Armed Forces. 

TITLE II—SUPPORT OF VICTIMS OF SEXUAL ASSAULT IN THE 

ARMED FORCES 

Sec. 201. Expansion of responsibilities of commanders for victims of sexual assault committed by another member of the Armed Forces. 

Sec. 202. Availability of Special Victims’ Counsel and Special Victim Prosecutors at military installations. 

Sec. 203. Preservation of recourse to Restricted Report on sexual assault for 

victims of sexual assault being investigated following certain 

victim or third-party communications. 

Sec. 204. Treatment of information in Catch a Serial Offender Program for 

certain purposes. 

Sec. 205. Report on expansion of Air Force safe to report policy across the 

Armed Forces. 

TITLE III—INVESTIGATION OF SEXUAL ASSAULT IN THE ARMED 

FORCES AND RELATED MATTERS 

Sec. 301. Expansion of pre-referral matters reviewable by military judges and 

military magistrates in the interest of efficiency in military justice. 

Sec. 302. Increase in number of digital forensic examiners for the military 

criminal investigation organizations. 

Sec. 303. Pilot programs on defense investigators in the military justice system. 

Sec. 304. Report on mechanisms to enhance the integration and synchronization of activities of Special Victim Investigation and Prosecution personnel with activities of military criminal investigation 

organizations. 

TITLE IV—PROSECUTION MATTERS 

Sec. 401. Punitive article in the Uniform Code of Military Justice on sexual 

harassment affecting the duties, work, or career of a member 

of the Armed Forces. 

Sec. 402. Non-binding guidelines on sentences of confinement for convictions of 

offenses under the Uniform Code of Military Justice. 

TITLE V—OTHER MATTERS 


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Sec. 501. Survey of members of the Armed Forces on their experiences with 

military investigations and military justice. 

Sec. 502. Annual report on military protective orders. 

Sec. 503. Privacy Act exclusion for courts-martial to allow for public access to 

dockets, filings, and court records. 

Sec. 504. Report on standardization among the military departments in collection and presentation of information on matters within the 

military justice system. 

1 TITLE I—PREVENTION AND 

2 TRAINING ON SEXUAL AS3 SAULT IN THE ARMED 

4 FORCES 

5 SEC. 101. TRAINING FOR COMMANDERS IN THE ARMED 

6 FORCES ON THEIR ROLE IN ALL STAGES OF 

7 MILITARY JUSTICE IN CONNECTION WITH 

8 SEXUAL ASSAULT. 

9 (a) IN GENERAL.—The training provided com10 manders in the Armed Forces shall include comprehensive 

11 training on the role of commanders in all stages of mili12 tary justice in connection with sexual assaults by members 

13 of the Armed Forces against other members of the Armed 

14 Forces. 

15 (b) ELEMENTS TO BE COVERED.—The training pro16 vided pursuant to subsection (a) shall include training on 

17 the following: 

18 (1) The role of commanders in each stage of 

19 the military justice process in connection with sexual 

20 assault committed by a member of the Armed 


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1 Forces against another member, including investiga2 tion and prosecution. 

3 (2) The role of commanders in assuring that 

4 victims in sexual assault described in paragraph (1) 

5 are informed of, and have the opportunity to obtain, 

6 assistance available for victims of sexual assault by 

7 law. 

8 (3) The role of commanders in assuring that 

9 victims in sexual assault described in paragraph (1) 

10 are afforded the due process rights and protections 

11 available to victims by law. 

12 (4) The role of commanders in preventing retal13 iation against victims, their family members, wit14 nesses, first responders, and bystanders for their 

15 complaints, statements, testimony, and status in 

16 connection with sexual assault described in para17 graph (1), including the role of commanders in en18 suring that subordinates in the command are aware 

19 of their responsibilities in preventing such retalia20 tion. 

21 (5) The role of commanders in establishing and 

22 maintaining a healthy command climate in connec23 tion with reporting on sexual assault described in 

24 paragraph (1) and in the response of the com25 mander, subordinates in the command, and other 


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1 personnel in the command to such sexual assault, 

2 such reporting, and the military justice process in 

3 connection with such sexual assault. 

4 (6) Any other matters on the role of com5 manders in connection with sexual assault described 

6 in paragraph (1) that the Secretary of Defense con7 siders appropriate for purposes of this section. 

8 (c) INCORPORATION OF BEST PRACTICES.— 

9 (1) IN GENERAL.—The training provided pur10 suant to subsection (a) shall incorporate best prac11 tices on all matters covered by the training. 

12 (2) IDENTIFICATION OF BEST PRACTICES.—The 

13 Secretaries of the military departments shall, acting 

14 through the training and doctrine commands of the 

15 Armed Forces, undertake from time to time surveys 

16 and other reviews of the matters covered by the 

17 training provided pursuant to subsection (a) in order 

18 to identify and incorporate into such training the 

19 most current practicable best practices on such mat20 ters. 

21 (d) UNIFORMITY.—The Secretary of Defense shall 

22 ensure that the training provided pursuant to subsection 

23 (a) is, to the extent practicable, uniform across the Armed 

24 Forces. 


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1 SEC. 102. TRAINING FOR SEXUAL ASSAULT INITIAL DIS2 POSITION AUTHORITIES ON EXERCISE OF 

3 DISPOSITION AUTHORITY FOR SEXUAL AS4 SAULT AND COLLATERAL OFFENSES. 

5 (a) IN GENERAL.—The training for Sexual Assault 

6 Initial Disposition Authorities (SAIDAs) on the exercise 

7 of disposition authority under chapter 47, United States 

8 Code (the Uniform Code of Military Justice), with respect 

9 to cases for which disposition authority is withheld to such 

10 Authorities by the April 20, 2012, memorandum of the 

11 Secretary of Defense, or any successor memorandum, shall 

12 include comprehensive training on the exercise by such 

13 Authorities of such authority with respect to such cases 

14 in order to enhance the capabilities of such Authorities 

15 in the exercise of such authority and thereby promote con16 fidence and trust in the military justice process with re17 spect to such cases. 

18 (b) MEMORANDUM OF SECRETARY OF DEFENSE.— 

19 The April 20, 2012, memorandum of the Secretary of De20 fense referred to in subsection (a) is the memorandum of 

21 the Secretary of Defense entitled ‘‘Withholding Initial Dis22 position Authority Under the Uniform Code of Military 

23 Justice in Certain Sexual Assault Cases’’ and dated April 

24 20, 2012. 


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1 SEC. 103. THREE-YEAR EXTENSION OF DEFENSE ADVISORY 

2 COMMITTEE ON INVESTIGATION, PROSECU3 TION, AND DEFENSE OF SEXUAL ASSAULT IN 

4 THE ARMED FORCES. 

5 (a) EXTENSION.—Subsection (f)(1) of section 546 of 

6 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

7 Defense Authorization Act for Fiscal Year 2015 (Public 

8 Law 113–291; 10 U.S.C. 1561 note) is amended by strik9 ing ‘‘5 years’’ and inserting ‘‘8 years’’. 

10 (b) ANNUAL REPORT.— 

11 (1) IN GENERAL.—Subsection (e) of such sec12 tion is amended by inserting ‘‘until the Advisory 

13 Committee terminates under subsection (f)’’ after 

14 ‘‘March 30 each year’’. 

15 (2) STATUTORY CONSTRUCTION.—The annual 

16 report described in section 546(e) of such Act, as 

17 amended by paragraph (1), shall be required to be 

18 submitted during the period specified in such sec19 tion, as so amended, notwithstanding section 

20 1061(d)(1) of the National Defense Authorization 

21 Act for Fiscal Year 2017 (Public Law 114–328; 10 

22 U.S.C. 111 note) or any other provision of law. 


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1 SEC. 104. MILITARY DEPARTMENT GRANTS ON RESEARCH 

2 ON SEXUAL ASSAULT PREVENTION AND RE3 DUCTION EFFORTS AT INSTITUTIONS OF 

4 HIGHER EDUCATION. 

5 (a) IN GENERAL.—Each Secretary of a military de6 partment shall, using amounts described in subsection (f), 

7 make one or more grants to appropriate non-Federal pub8 lic or private entities for research on sexual assault pre9 vention and reduction efforts at institutions of higher edu10 cation for purposes of identifying best practices among 

11 such efforts for dissemination to, and use at, the military 

12 service academies and other institutions of higher edu13 cation in order to enhance prevention or reduction of inci14 dents of sexual assault among students of such institu15 tions. 

16 (b) REQUIREMENTS AND LIMITATIONS.— 

17 (1) COMPETITIVE AWARD.—Any grant awarded 

18 pursuant to subsection (a) shall be awarded on a 

19 competitive basis. 

20 (2) AMOUNT OF GRANTS.—The aggregate 

21 amounts of grants awarded by a Secretary pursuant 

22 to subsection (a) in any fiscal year may not exceed 

23 $llllllll. 

24 (c) USE OF GRANT AMOUNTS.—An entity awarded 

25 a grant pursuant to subsection (a) shall use the grant 


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1 amount for research for purposes specified in that sub2 section. 

3 (d) REPORT.—Each grant awarded pursuant to sub4 section (a) shall require the recipient to submit to the Sec5 retary of the military department concerned a report on 

6 the results of the research undertaken by the recipient 

7 using such grant. 

8 (e) USE OF RESULTS.— 

9 (1) SHARING OF RESULTS.—Each Secretary of 

10 a military department shall share the results of re11 search undertaken through grants awarded by such 

12 Secretary pursuant to subsection (a) with the other 

13 Secretaries of the military departments. The purpose 

14 of such sharing shall be for the Secretaries of the 

15 military department to jointly determine best prac16 tices among sexual assault prevention and reduction 

17 efforts at institutions of higher education. 

18 (2) USE AT MILITARY SERVICE ACADEMIES.— 

19 Each Secretary of a military department shall use 

20 best practices identified pursuant to paragraph (1) 

21 at the military service academy under the jurisdic22 tion of such Secretary, modified as such Secretary 

23 considers appropriate for the unique circumstances 

24 of such military service academy. 


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1 (3) FURTHER DISSEMINATION.—The Secre2 taries of the military department shall jointly dis3 seminate to institutions of higher education the fol4 lowing: 

5 (A) The best practices identified pursuant 

6 to paragraph (1). 

7 (B) Such other information on sexual as8 sault prevention and reduction efforts at insti9 tutions of higher education as the Secretaries 

10 jointly consider appropriate in light of the re11 search undertaken through grants awarded pur12 suant to subsection (a). 

13 (f) FUNDING.—Amounts for grants under this sec14 tion in a fiscal year shall be derived from amounts author15 ized to be appropriated for that fiscal year for military 

16 personnel. 

17 SEC. 105. REPORT ON EXPANSION OF THE CLOSE AIRMAN 

18 SUPPORT TEAM APPROACH OF THE AIR 

19 FORCE TO THE OTHER ARMED FORCES. 

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

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

22 of the military departments shall jointly submit to the 

23 Committees on Armed Services of the Senate and the 

24 House of Representatives a report setting forth an assess25 ment of the Secretaries of the feasibility and advisability 


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1 of expanding the Close Airman Support (CAS) team ap2 proach of the Air Force to the other Armed Forces under 

3 the jurisdiction of such Secretaries. 

4 (b) CLOSE AIRMAN SUPPORT TEAM APPROACH.— 

5 The Close Airman Support team approach of the Air 

6 Force referred to in subsection (a) is an approach by 

7 which personnel associated with an Air Force squadron, 

8 and led by a senior enlisted member of the squadron, take 

9 actions to improve relationships and communication 

10 among members of the squadron in order to promote posi11 tive social behaviors among such members as a squadron, 

12 including an embrace of proactive pursuit of needed assist13 ance. 

14 (c) SCOPE OF REPORT.—If the Secretaries determine 

15 that expansion of the Close Airman Support team ap16 proach to the other Armed Forces is feasible and advis17 able, the report under subsection (a) shall include a de18 scription of the manner in which the approach will be car19 ried out in the other Armed Forces, including the manner, 

20 if any, in which the approach will be modified in the other 

21 Armed Forces to take into account the unique cir22 cumstances of such Armed Forces. 


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1 TITLE II—SUPPORT OF VICTIMS 

2 OF SEXUAL ASSAULT IN THE 

3 ARMED FORCES 

4 SEC. 201. EXPANSION OF RESPONSIBILITIES OF COM5 MANDERS FOR VICTIMS OF SEXUAL ASSAULT 

6 COMMITTED BY ANOTHER MEMBER OF THE 

7 ARMED FORCES. 

8 (a) NOTIFICATION OF VICTIMS OF EVENTS IN MILI9 TARY JUSTICE PROCESS.— 

10 (1) NOTIFICATION REQUIRED.—The com11 mander of a member of the Armed Forces who is 

12 the alleged victim of sexual assault committed by an13 other member of the Armed Forces shall provide no14 tification to such alleged victim of every key or other 

15 significant event in the military justice process in 

16 connection with the investigation, prosecution, and 

17 confinement of such other member for sexual as18 sault. 

19 (2) DOCUMENTATION.—Each commander de20 scribed in paragraph (1) shall create and maintain 

21 appropriate documentation on any notification pro22 vided as described in that paragraph. 

23 (b) DOCUMENTATION OF VICTIM’S PREFERENCE ON

24 JURISDICTION IN PROSECUTION.—In the case of a mem25 ber of the Armed Forces who is the alleged victim of sexVerDate Sep 11 2014 18:58 May 31, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495

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1 ual assault committed by another member of the Armed 

2 Forces who is subject to prosecution for such offense both 

3 by court-martial under chapter 47 of title 10, United 

4 States Code (the Uniform Code of Military Justice), and 

5 by a civilian court under State law, the commander of such 

6 alleged victim shall create and maintain appropriate docu7 mentation of the expressed preference, if any, of such al8 leged victim for prosecution of such offense by court-mar9 tial or by a civilian court as provided for by Rule 306(e) 

10 of the Rules for Court-Martial. 

11 (c) REGULATIONS.—The Secretary of Defense shall 

12 prescribe in regulations the requirements applicable to 

13 each of the following: 

14 (1) Notifications under subsection (a)(1). 

15 (2) Documentation under subsection (a)(2). 

16 (3) Documentation under subsection (b). 

17 SEC. 202. AVAILABILITY OF SPECIAL VICTIMS’ COUNSEL 

18 AND SPECIAL VICTIM PROSECUTORS AT MILI19 TARY INSTALLATIONS. 

20 (a) DEADLINE FOR AVAILABILITY.— 

21 (1) IN GENERAL.—If an individual specified in 

22 paragraph (2) is not available at a military installa23 tion for access by a member of the Armed Forces 

24 who requests access to such an individual, such an 

25 individual shall be made available at such installaVerDate Sep 11 2014 18:58 May 31, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495

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1 tion for access by such member by not later than 48 

2 hours after such request. 

3 (2) INDIVIDUALS.—The individuals specified in 

4 this paragraph are the following: 

5 (A) Special Victims’ Counsel (SVC). 

6 (B) Special Victim Prosecutor (SVP). 

7 (b) REPORT ON CIVILIAN SUPPORT OF SVCS.—Not 

8 later than 180 days after the date of the enactment of 

9 this Act, each Secretary of a military department shall 

10 submit to the Committees on Armed Services of the Sen11 ate and the House of Representatives a report setting 

12 forth the assessment of such Secretary of the feasibility 

13 and advisability of establishing and maintaining at each 

14 installation under the jurisdiction of such Secretary with 

15 a Special Victims’ Counsel one or more civilian positions 

16 for the purpose of— 

17 (1) providing support to such Special Victims’ 

18 Counsel; and 

19 (2) ensuring continuity and the preservation of 

20 institutional knowledge in transitions between the 

21 service of individuals as Special Victims’ Counsel at 

22 such installation. 


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1 SEC. 203. PRESERVATION OF RECOURSE TO RESTRICTED 

2 REPORT ON SEXUAL ASSAULT FOR VICTIMS 

3 OF SEXUAL ASSAULT BEING INVESTIGATED 

4 FOLLOWING CERTAIN VICTIM OR THIRD5 PARTY COMMUNICATIONS. 

6 (a) IN GENERAL.—A member of the Armed Forces 

7 who is the victim of a sexual assault that is or may be 

8 investigated as a result of a communication described in 

9 subsection (b) may elect to have the member’s reporting 

10 on such sexual assault be treated as a Restricted Report 

11 without regard to the party initiating or receiving such 

12 communication. 

13 (b) COMMUNICATION.—A communication described 

14 in this subsection is a communication on a sexual assault 

15 as follows: 

16 (1) By the member concerned to a member of 

17 the Armed Forces in the chain of command of such 

18 member, whether a commissioned officer or a non19 commissioned officer. 

20 (2) By the member concerned to military law 

21 enforcement personnel or personnel of a military 

22 criminal investigation organization (MCIO). 

23 (3) By any individual other than the member 

24 concerned. 


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1 SEC. 204. TREATMENT OF INFORMATION IN CATCH A SE2 RIAL OFFENDER PROGRAM FOR CERTAIN 

3 PURPOSES. 

4 (a) EXCLUSION FROM FOIA.—Section 552 of title 

5 5, United States Code (commonly referred to as the 

6 ‘‘Freedom of Information Act’’), shall not apply to any 

7 report for purposes of the Catch a Serial Offender 

8 (CATCH) Program. 

9 (b) PRESERVATION OF RESTRICTED REPORT.—The 

10 transmittal or receipt in connection with the Catch a Se11 rial Offender Program of a report on a sexual assault that 

12 is treated as a Restricted Report shall not operate to ter13 minate its treatment or status as a Restricted Report. 

14 SEC. 205. REPORT ON EXPANSION OF AIR FORCE SAFE TO 

15 REPORT POLICY ACROSS THE ARMED 

16 FORCES. 

17 (a) REPORT.—Not later than 180 days after the date 

18 of the enactment of this Act, the Secretary of Defense 

19 shall, in consultation with the Secretaries of the military 

20 departments and the Secretary of Homeland Security, 

21 submit to the Committees on Armed Services of the Sen22 ate and the House of Representatives a report setting 

23 forth an assessment of the feasibility and advisability of 

24 expanding the applicability of the safe to report policy de25 scribed in subsection (b) so that the policy applies across 

26 the Armed Forces. 


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1 (b) SAFE TO REPORT POLICY.—The safe to report 

2 policy described in this subsection is the policy, currently 

3 applicable in the Air Force alone, under which a member 

4 of the Armed Forces who is the alleged victim of sexual 

5 assault committed by another member of the Armed 

6 Forces, but who may have committed minor collateral mis7 conduct at or about the time of such sexual assault, or 

8 whose minor collateral misconduct at or about such time 

9 is discovered only as a result of the investigation into such 

10 sexual assault, may report such sexual assault to proper 

11 authorities without fear or receipt of discipline in connec12 tion with such minor collateral misconduct. 

13 TITLE III—INVESTIGATION OF 

14 SEXUAL ASSAULT IN THE 

15 ARMED FORCES AND RE16 LATED MATTERS 

17 SEC. 301. EXPANSION OF PRE-REFERRAL MATTERS RE18 VIEWABLE BY MILITARY JUDGES AND MILI19 TARY MAGISTRATES IN THE INTEREST OF EF20 FICIENCY IN MILITARY JUSTICE. 

21 (a) IN GENERAL.—Subsection (a) of section 830a of 

22 title 10, United States Code (article 30a of the Uniform 

23 Code of Military Justice), is amended by striking para24 graphs (1) and (2) and inserting the following new para25 graphs: 


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1 ‘‘(1) The President shall prescribe regulations for 

2 matters relating to proceedings conducted before referral 

3 of charges and specifications to court-martial for trial, in4 cluding the following: 

5 ‘‘(A) Pre-referral investigative subpoenas. 

6 ‘‘(B) Pre-referral warrants or orders for elec7 tronic communications. 

8 ‘‘(C) Pre-referral matters referred by an appel9 late court. 

10 ‘‘(D) Pre-referral matters under subsection (c) 

11 or (e) of section 806b of this title (article 6b). 

12 ‘‘(E) Pre-referral matters relating to the fol13 lowing: 

14 ‘‘(i) Pre-trial confinement of an accused. 

15 ‘‘(ii) The mental capacity or responsibility 

16 of an accused. 

17 ‘‘(iii) A request for an individual military 

18 counsel. 

19 ‘‘(2) In addition to the matters specified in paragraph 

20 (1), the regulations prescribed under that paragraph 

21 shall— 

22 ‘‘(A) set forth the matters that a military judge 

23 may rule upon in such proceedings; 

24 ‘‘(B) include procedures for the review of such 

25 rulings; 


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1 ‘‘(C) include appropriate limitations to ensure 

2 that proceedings under this section extend only to 

3 matters that would be subject to consideration by a 

4 military judge in a general or special court-martial; 

5 ‘‘(D) provide such limitations on the relief that 

6 may be ordered under this section as the President 

7 considers appropriate; and 

8 ‘‘(E) provide for treatment of such other pre-re9 ferral matters as the President may prescribe.’’. 

10 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

11 (1) HEADING AMENDMENT.—The heading of 

12 such section is amended to read as follows: 

13 ‘‘§ 830a. Art. 30a. Proceedings conducted before refer14 ral’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of subchapter VI of chapter 

17 47 of title 10, United States Code (the Uniform 

18 Code of Military Justice), is amended by striking the 

19 item relating to section 830a (article 30a) and in20 serting the following new item: 

‘‘830a. 30a. Proceedings conducted before referral.’’. 

21 SEC. 302. INCREASE IN NUMBER OF DIGITAL FORENSIC EX22 AMINERS FOR THE MILITARY CRIMINAL IN23 VESTIGATION ORGANIZATIONS. 

24 (a) IN GENERAL.—Each Secretary of a military de25 partment shall take appropriate actions to increase the 


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1 number of digital forensic examiners in each military 

2 criminal investigation organization (MCIO) under the ju3 risdiction of such Secretary by not fewer than 10 from 

4 the authorized number of such examiners for such organi5 zation as of September 30, 2019. 

6 (b) MILITARY CRIMINAL INVESTIGATION ORGANIZA7 TIONS.—For purposes of this section, the military criminal 

8 investigation organizations are the following: 

9 (1) The Army Criminal Investigation Com10 mand. 

11 (2) The Naval Criminal Investigative Service. 

12 (3) The Air Force Office of Special Investiga13 tions. 

14 (4) The Marine Corps Criminal Investigation 

15 Division. 

16 (c) FUNDING.—Funds for additional digital forensic 

17 examiners as required by subsection (a) for fiscal year 

18 2020, including for compensation, initial training, and 

19 equipment, shall be derived from amounts authorized to 

20 be appropriated for that fiscal year for the Armed Force 

21 concerned for operation and maintenance. 

22 SEC. 303. PILOT PROGRAMS ON DEFENSE INVESTIGATORS 

23 IN THE MILITARY JUSTICE SYSTEM. 

24 (a) IN GENERAL.—Each Secretary of a military de25 partment shall carry out a pilot program on defense invesVerDate Sep 11 2014 18:58 May 31, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495

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1 tigators within the military justice system under the juris2 diction of such Secretary in order to do the following: 

3 (1) Determine whether the presence of defense 

4 investigators within such military justice system 

5 will— 

6 (A) make such military justice system 

7 more effective in determining the truth; and 

8 (B) make such military justice system 

9 more fair and efficient. 

10 (2) Otherwise assess the feasibility and advis11 ability of defense investigators as an element of such 

12 military justice system. 

13 (b) ELEMENTS.— 

14 (1) MODEL OF SIMILAR CIVILIAN CRIMINAL

15 JUSTICE SYSTEMS.—Defense investigators under 

16 each pilot program under subsection (a) shall consist 

17 of personnel, and participate in the military justice 

18 system concerned, in a manner similar to that of de19 fense investigators in civilian criminal justice sys20 tems that are similar to the military justice systems 

21 of the military departments. 

22 (2) INTERVIEW OF VICTIM.—A defense investi23 gator may question a victim under a pilot program 

24 only upon a request made through the Special VicVerDate Sep 11 2014 18:58 May 31, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495

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1 tims’ Counsel or other counsel of the victim, or trial 

2 counsel if the victim does not have such counsel. 

3 (3) UNIFORMITY ACROSS MILITARY JUSTICE

4 SYSTEMS.—The Secretary of Defense shall ensure 

5 that the personnel and activities of defense inves6 tigators under the pilot programs are, to the extent 

7 practicable, uniform across the military justice sys8 tems of the military departments. 

9 (c) REPORT.— 

10 (1) IN GENERAL.—Not later than three years 

11 after the date of the enactment of this Act, the Sec12 retary of Defense shall, in consultation with the Sec13 retaries of the military departments, submit to the 

14 Committees on Armed Services of the Senate and 

15 the House of Representatives a report on the pilot 

16 programs under subsection (a). 

17 (2) ELEMENTS.—The report required by para18 graph (1) shall include the following: 

19 (A) A description of each pilot program, 

20 including the personnel and activities of defense 

21 investigators under such pilot program. 

22 (B) An assessment of the feasibility and 

23 advisability of establishing and maintaining de24 fense investigators as an element of the military 

25 justice systems of the military departments. 


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1 (C) If the assessment under subparagraph 

2 (B) is that the establishment and maintenance 

3 of defense investigators as an element of the 

4 military justice systems of the military depart5 ments is feasible and advisable, such rec6 ommendations for legislative and administrative 

7 action as the Secretary of Defense considers ap8 propriate to establish and maintain defense in9 vestigators as an element of the military justice 

10 systems. 

11 (D) Any other matters the Secretary of 

12 Defense considers appropriate. 

13 SEC. 304. REPORT ON MECHANISMS TO ENHANCE THE IN14 TEGRATION AND SYNCHRONIZATION OF AC15 TIVITIES OF SPECIAL VICTIM INVESTIGATION 

16 AND PROSECUTION PERSONNEL WITH AC17 TIVITIES OF MILITARY CRIMINAL INVESTIGA18 TION ORGANIZATIONS. 

19 Not later than one year after the date of the enact20 ment of this Act, the Secretary of Defense shall, in con21 sultation with the Secretaries of the military departments, 

22 submit to the Committees on Armed Services of the Sen23 ate and the House of Representatives a report setting 

24 forth proposals for various mechanisms to enhance the in25 tegration and synchronization of activities of Special VicVerDate Sep 11 2014 18:58 May 31, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495

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1 tim Investigation and Prosecution (SVIP) personnel with 

2 activities of military criminal investigation organizations 

3 (MCIOs) in investigations in which both such personnel 

4 are or may be involved. If the proposed mechanisms re5 quire legislative or administration action for implementa6 tion, the report shall set forth such recommendations for 

7 such action as the Secretary of Defense considers appro8 priate. 

9 TITLE IV—PROSECUTION 

10 MATTERS 

11 SEC. 401. PUNITIVE ARTICLE IN THE UNIFORM CODE OF 

12 MILITARY JUSTICE ON SEXUAL HARASSMENT 

13 AFFECTING THE DUTIES, WORK, OR CAREER 

14 OF A MEMBER OF THE ARMED FORCES. 

15 (a) IN GENERAL.—Subchapter X of chapter 47 of 

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

17 Justice), is amended by inserting after section 920c (arti18 cle 120c) the following new section (article): 

19 ‘‘§ 920d. Art. 120d. Sexual harassment affecting the 

20 duties, work, or career of a member of 

21 the armed forces 

22 ‘‘(a) IN GENERAL.—Any person subject to this chap23 ter who, under any condition specified in subsection (b), 

24 commits sexual harassment of a member of an armed 

25 force shall be punished as a court-martial may direct. 


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1 ‘‘(b) CONDITIONS SPECIFIED.—The conditions re2 ferred to in subsection (a) are any of the following: 

3 ‘‘(1) The accused, implicitly or explicitly, com4 municates to the member that submission by the 

5 member to the harassment is necessary— 

6 ‘‘(A) to prevent adverse effects on the as7 signment, advancement, duties, or working con8 ditions of the member; or 

9 ‘‘(B) to assure positive effects on the as10 signment, advancement, duties, or working con11 ditions of the member. 

12 ‘‘(2) The accused, because of any response (by 

13 submission, rejection, or otherwise) of the member 

14 to the harassment, takes any action to affect, posi15 tively or negatively, the assignment, advancement, 

16 duties, or working conditions of the member. 

17 ‘‘(3) The purpose of the harassment is to create 

18 an intimidating, hostile, or offensive work environ19 ment for the member or the harassment is carried 

20 out in a manner that would cause a reasonable per21 son to perceive that the work environment is intimi22 dating, hostile, or offensive. 

23 ‘‘(4) The purpose of the harassment is to inter24 fere with the duties or work performance of the 

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1 ner that would interfere with the duties or work per2 formance of a reasonable person. 

3 ‘‘(c) CONDONATION BY SUPERIOR.—Any person sub4 ject to this chapter who— 

5 ‘‘(1) has a command or supervisory responsi6 bility for a member of an armed force; and 

7 ‘‘(2) condones or permits to occur any violation 

8 of subsection (a) with respect to the member, 

9 shall be punished as a court-martial may direct. 

10 ‘‘(d) MILITARY CONNECTION.—Sexual harassment 

11 under subsection (a) and condonation under subsection (c) 

12 are offenses— 

13 ‘‘(1) if committed in any circumstance with a 

14 connection to the military status of the member in15 volved; and 

16 ‘‘(2) whether or not the conduct takes place 

17 during official duty hours or at an official duty sta18 tion or place of work. 

19 ‘‘(e) SEXUAL HARASSMENT DEFINED.—In this sec20 tion (article), the term ‘sexual harassment’ means, with 

21 respect to a member of an armed force, any unwelcome— 

22 ‘‘(1) sexual advance; 

23 ‘‘(2) request for sexual favors; 

24 ‘‘(3) comment of a sexual nature; or 

25 ‘‘(4) gesture of a sexual nature.’’. 


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

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

3 10, United States Code (the Uniform Code of Military 

4 Justice), is amended by inserting after the item relating 

5 to section 920c (article 120c) the following new item: 

‘‘920d. 120d. Sexual harassment affecting the duties, work, or career of a member of the armed forces.’’. 

6 SEC. 402. NON-BINDING GUIDELINES ON SENTENCES OF 

7 CONFINEMENT FOR CONVICTIONS OF OF8 FENSES UNDER THE UNIFORM CODE OF MILI9 TARY JUSTICE. 

10 (a) IN GENERAL.—The Military Justice Review 

11 Panel shall establish and from time to time revise guide12 lines on the following: 

13 (1) The range of sentences of confinement ap14 propriate for imposition upon conviction for each of15 fense specified in subchapter X of chapter 47 of title 

16 10, United States Code (the Uniform Code of Mili17 tary Justice), for which confinement is an authorized 

18 sentence. 

19 (2) The parameters and criteria to be taken 

20 into account in imposing a sentence of confinement 

21 upon conviction for each such offense. 

22 (b) CONSIDERATIONS.—In establishing and revising 

23 guidelines pursuant to this section, the Military Justice 

24 Review Panel shall take into consideration data on the adVerDate Sep 11 2014 18:58 May 31, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495

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1 ministration of justice under the military justice system, 

2 including sentencing data collected as described in section 

3 946(f)(2) of title 10, United States Code (article 146(f)(2) 

4 of the Uniform Code of Military Justice), as amended by 

5 subsection (d). 

6 (c) NON-BINDING NATURE OF GUIDELINES.—The 

7 guidelines established pursuant to this section shall not 

8 be binding. 

9 (d) CONFORMING AMENDMENT.—Section 946(f)(2) 

10 of title 10, United States Code (article 146(f)(2) of the 

11 Uniform Code of Military Justice), is amended by insert12 ing ‘‘and periodically thereafter,’’ after ‘‘During fiscal year 

13 2020,’’. 

14 (e) MILITARY JUSTICE REVIEW PANEL DEFINED.— 

15 In this section, the term ‘‘Military Justice Review Panel’’ 

16 means the panel established pursuant to section 946 of 

17 title 10, United States Code (article 146 of the Uniform 

18 Code of Military Justice). 

19 TITLE V—OTHER MATTERS 

20 SEC. 501. SURVEY OF MEMBERS OF THE ARMED FORCES ON 

21 THEIR EXPERIENCES WITH MILITARY INVES22 TIGATIONS AND MILITARY JUSTICE. 

23 (a) IN GENERAL.—Chapter 23 of title 10, United 

24 States Code, is amended by inserting after section 481a 

25 the following new section: 


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1 ‘‘§ 481b. Military investigation and justice experi2 ences: survey of members of the armed 

3 forces 

4 ‘‘(a) SURVEYS REQUIRED.—(1) The Secretary of De5 fense shall conduct from time to time a survey on the ex6 periences of members of the armed forces with military 

7 investigations and military justice in accordance with this 

8 section and guidance issued by the Secretary for purposes 

9 of this section. 

10 ‘‘(2) The survey under this section shall be known 

11 as the ‘Military Investigation and Justice Experience Sur12 vey’. 

13 ‘‘(b) MATTERS COVERED BY SURVEY.—The guidance 

14 issued by the Secretary under this section on the survey 

15 shall include specification of the following: 

16 ‘‘(1) The individuals to be surveyed, including 

17 any member of the armed forces serving on active 

18 duty who is a victim of an alleged sex-related offense 

19 and who made an unrestricted report of that offense. 

20 ‘‘(2) The matters to be covered in the survey, 

21 including— 

22 ‘‘(A) the experience of the individuals sur23 veyed with the military criminal investigative 

24 organization that investigated the alleged of25 fense, and with the Special Victims’ Counsel in 


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1 the case of a member who was the victim of an 

2 alleged sex-related offense; and 

3 ‘‘(B) if the individual’s report resulted in a 

4 charge or charges that were referred to a court5 martial, the experience of the individual with 

6 the prosecutor and the court-martial in general. 

7 ‘‘(3) The timing of the administration of the 

8 survey, including when the investigation or case is 

9 closed or otherwise complete. 

10 ‘‘(c) FREQUENCY OF SURVEY.—The survey required 

11 by this section shall be conducted at least once every four 

12 years, but not more frequently than once every two years. 

13 ‘‘(d) DEFINITIONS.—In this section: 

14 ‘‘(1) ALLEGED SEX-RELATED OFFENSE.—The 

15 term ‘alleged sex-related offense’ has the meaning 

16 provided in section 1044e(g) of this title. 

17 ‘‘(2) UNRESTRICTED REPORT.—The term ‘un18 restricted report’ means a report that is not a re19 stricted report. 

20 ‘‘(3) RESTRICTED REPORT.—The term ‘re21 stricted report’ means a report concerning a sexual 

22 assault that is treated as a restricted report under 

23 section 1565b(b) of this title.’’. 

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

25 at the beginning of chapter 23 of such title is amended 


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1 by inserting after the item relating to section 481a the 

2 following new item: 

‘‘481b. Military investigation and justice experiences: survey of members of the 

armed forces.’’. 

3 SEC. 502. ANNUAL REPORT ON MILITARY PROTECTIVE OR4 DERS. 

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

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

7 following new section: 

8 ‘‘§ 1567b. Annual report on military protective orders 

9 ‘‘Not later than March 1, 2020, and each year there10 after through 2024, the Secretary of Defense shall submit 

11 to the congressional defense committees a report that 

12 specifies each of the following: 

13 ‘‘(1) The number of military protective orders 

14 issued in the calendar year preceding the year in 

15 which the report is submitted. 

16 ‘‘(2) The number of such orders that were re17 ported to appropriate civilian authorities in accord18 ance with section 1567a(a) of this title in such 

19 year.’’. 

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

21 at the beginning of chapter 80 of such title is amended 

22 by adding after the item relating to section 1567a the fol23 lowing new item: 

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


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1 SEC. 503. PRIVACY ACT EXCLUSION FOR COURTS-MARTIAL 

2 TO ALLOW FOR PUBLIC ACCESS TO DOCKETS, 

3 FILINGS, AND COURT RECORDS. 

4 (a) IN GENERAL.—Section 940a of title 10, United 

5 States Code (article 140a of the Uniform Code of Military 

6 Justice), is amended— 

7 (1) by striking ‘‘The Secretary of Defense’’ and 

8 inserting ‘‘(a) IN GENERAL.—The Secretary of De9 fense, in consultation with the Secretary of Home10 land Security’’; 

11 (2) in subsection (a), as designated by para12 graph (1)— 

13 (A) in the matter preceding paragraph (1), 

14 by inserting ‘‘(including with respect to the 

15 Coast Guard)’’ after ‘‘military justice system’’; 

16 and 

17 (B) in paragraph (4), by inserting ‘‘public’’ 

18 before ‘‘access to docket information’’; and 

19 (3) by adding at the end the following new sub20 sections: 

21 ‘‘(b) INAPPLICABILITY OF PRIVACY ACT.—Section 

22 552a of title 5 shall not apply to records of trial produced 

23 or distributed within the military justice system or docket 

24 information, filings, and records made publicly accessible 

25 in accordance with the uniform standards and criteria for 

26 conduct established by the Secretary under subsection (a). 


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1 ‘‘(c) INAPPLICABILITY TO CERTAIN DOCKETS AND

2 RECORDS.—Nothing in this section shall be construed to 

3 provide public access to docket information, filings, or 

4 records that are classified, subject to a judicial protective 

5 order, or ordered sealed.’’. 

6 (b) EXISTING STANDARDS AND CRITERIA.—The Sec7 retary of Homeland Security shall apply to the Coast 

8 Guard the standards and criteria for conduct established 

9 by the Secretary of Defense under section 940a of title 

10 10, United States Code (article 140a of the Uniform Code 

11 of Military Justice), as in effect on the day before the date 

12 of the enactment of this Act until such time as the Sec13 retary of Defense, in consultation with the Secretary of 

14 Homeland Security, prescribes revised standards and cri15 teria for conduct under such section that implement the 

16 amendments made by subsection (a) of this section. 

17 SEC. 504. REPORT ON STANDARDIZATION AMONG THE MILI18 TARY DEPARTMENTS IN COLLECTION AND 

19 PRESENTATION OF INFORMATION ON MAT20 TERS WITHIN THE MILITARY JUSTICE SYS21 TEM. 

22 Not later than 180 days after the date of the enact23 ment of this Act, the Secretary of Defense shall, in con24 sultation with the Secretaries of the military departments, 

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1 ate and the House of Representatives a report setting 

2 forth the following: 

3 (1) A plan for actions to provide for standard4 ization, to the extent practicable, among the military 

5 departments in the collection and presentation of in6 formation on matters within their military justice 

7 systems, including information collected and main8 tained for purposes of section 940a of title 10, 

9 United States Code (article 140a of the Uniform 

10 Code of Military Justice), and such other informa11 tion as the Secretary considers appropriate. 

12 (2) An assessment of the feasibility and advis13 ability of establishing and maintaining a single, De14 partment of Defense-wide data management system 

15 for the standardized collection and presentation of 

16 information described in paragraph (1). 

Æ 


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