PROTECT Act

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. Short title This Act may be cited as the Prevent Retaliation and Open up Transparency to Expand Care for Troops Act of 2016 PROTECT Act 2. Retaliation (a) Establishment of Offense Subchapter X of chapter 47 section 907 907a. Art. 107a. Retaliation Any person subject to this chapter who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or with the intent to discourage any person from reporting a criminal offense— (1) wrongfully takes or threatens to take an adverse personnel action against any person; or (2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person; shall be punished as a court-martial may direct. . (b) Clerical amendment The table of sections at the beginning of subchapter X of chapter 47 section 907 907a. 107a. Retaliation. . 3. Military justice case management; data collection and accessibility (a) In general Subchapter XI of chapter 47 940a. Art. 140a. Case management; data collection and accessibility The Secretary of Defense shall prescribe uniform standards and criteria for conduct of each of the following functions at all stages of the military justice system, including pretrial, trial, post-trial, and appellate processes, using, insofar as practicable, the best practices of Federal and State courts: (1) Collection and analysis of data concerning substantive offenses and procedural matters in a manner that facilitates case management and decisionmaking within the military justice system, and that enhances the quality of periodic reviews under section 946 of this title (article 146). (2) Case processing and management. (3) Timely, efficient, and accurate production and distribution of records of trial within the military justice system. (4) Facilitation of access to docket information, filings, and records, taking into consideration restrictions appropriate to judicial proceedings and military records. . (b) Clerical amendment The table of sections at the beginning of subchapter XI of chapter 47 940a. 140a. Case management; data collection and accessibility. . (c) Effective dates (1) Implementation Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall carry out section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a). (2) Deadline for standards and criteria Not later than four years after the date of the enactment of this Act, the standards and criteria under section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a), shall take effect. 4. Improved investigation of allegations of professional retaliation Section 1034(c)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (F) The Secretary concerned shall ensure that any individual investigating an allegation as described in paragraph (1) must have training in the definition and characteristics of retaliation. In addition, if the investigation involves alleged retaliation in response to a communication regarding a violation of a law or regulation prohibiting rape, sexual assault, or other sexual misconduct in violation of sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), the training shall include specific instruction regarding such violations. . 5. Annual report on information received by Department of Defense family advocacy programs regarding unwanted sexual contact by members of the Armed Forces Not later than January 31, 2017, and each January 31 thereafter through January 31, 2021, the Secretary of each military department shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing information regarding each report of unwanted sexual contact committed by a member of the Armed Forces against a domestic partner or child of the member that was received by a family advocacy program of the Department of Defense during the preceding year covered by the report. 6. Sense of Congress regarding plight of male victims of military sexual trauma (a) Finding Congress finds that the plight of male victims of military sexual trauma remains in the shadows due a lack of social awareness on the issue of male victimization. (b) Sense of congress It is the sense of Congress that the Secretary of Defense should— (1) enhance victims’ access to intensive medical and mental health treatment for military sexual trauma treatment; (2) look for opportunities to utilize male survivors of sexual assault as presenters during annual Sexual Assault Preventions and Response training; and (3) ensure Department of Defense medical and mental health providers are adequately trained to meet the needs of male survivors of military sexual trauma.

Summary: Prevent Retaliation and Open up Transparency to Expand Care for Troops Act of 2016 or the PROTECT Act This bill amends the Uniform Code of Military Justice to establish the offense of retaliation. Retaliation provisions require that any person subject to the code who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or with the intent to discourage any person from reporting a criminal offense, wrongfully takes or threatens to take an adverse personnel action against any person, or wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person, shall be punished as a court-martial may direct. The Department of Defense (DOD) shall prescribe uniform standards for conduct of each of the following functions at all stages of the military justice system, including pretrial, trial, post-trial, and appellate processes: collection and analysis of data concerning substantive offenses and procedural matters in a manner that facilitates case management and decision making and enhances the quality of periodic reviews; case processing and management; timely and accurate production and distribution of trial records; and facilitation of access to docket information, filings, and records. Each military department shall ensure that any individual investigating an allegation of retaliation against a person who has made a protected communication must have training in the definition and characteristics of retaliation. If the investigation involves alleged retaliation in response to a communication regarding rape, sexual assault, or other sexual misconduct, the training shall include specific instruction regarding such violations. It is the sense of Congress that DOD should ensure that its medical and mental health providers are adequately trained to meet the needs of male survivors of military sexual trauma.