I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sexual Trauma Ongo-
ing 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— 
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(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 con-
vening 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 strik-
ing ‘‘proceeding. No person’’ and inserting the 
following: ‘‘proceeding. 
‘‘(3) No person’’; 
(C) by inserting before paragraph (3) (as 
designated by subparagraph (B) of this para-
graph) 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 ex-
pense or refusal to make a witness available shall 
not by itself constitute unlawful command influ-
ence.’’; 
(D) in paragraph (3) (as so designated)— 
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(i) by inserting ‘‘attempt to’’ before 
‘‘influence’’; 
(ii) by striking ‘‘with respect to his ju-
dicial acts’’ and inserting ‘‘or preliminary 
hearing officer with respect to such acts 
taken pursuant to this chapter as pre-
scribed 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 activ-
ity or a particular criminal offense that do not 
advocate a particular disposition, or a par-
ticular court-martial finding, or sentence; or 
‘‘(C) statements and instructions given in 
open court by the military judge or counsel. 
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(4) by adding at the end the following new sub-
sections: 
‘‘(c) No finding or sentence of a court-martial may 
be held incorrect on the ground of a violation of this sec-
tion, or the doctrine of apparent unlawful command influ-
ence, unless the violation materially prejudices the sub-
stantial rights of the accused. 
‘‘(d)(1) A superior convening authority or com-
manding officer may withhold the authority of a subordi-
nate 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 author-
ity 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 
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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 OR-
DERS. 
(a) REPORT REQUIRED.—Chapter 80 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 1567b. Annual report on military protective orders 
‘‘Not later than March 1, 2020, and each year there-
after 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 re-
ported to appropriate civilian authorities in accord-
ance 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.’’. 
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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 TRANS-
FER 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 an-
other 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 regu-
lations to carry out this subsection, within guidelines pro-
vided by the Secretary of Defense that direct the Super-
intendent 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 Super-
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intendent denies such an application, the cadet may re-
quest 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 con-
fidential.’’. 
(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 TRANS-
FER FOR A MIDSHIPMAN WHO IS THE VICTIM OF A SEX-
UAL ASSAULT
OR RELATED OFFENSE.—(1) The Sec-
retary of the Navy shall provide for timely determination 
and action on an application for consideration of a trans-
fer 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 Mili-
tary 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 regu-
lations to carry out this subsection, within guidelines pro-
vided by the Secretary of Defense that direct the Super-
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intendent 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 Super-
intendent 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 con-
fidential.’’. 
(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 TRANS-
FER 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 cov-
ered by section 920, 920a, or 920c of this title (article 
120, 120a, or 120c of the Uniform Code of Military Jus-
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tice) 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 Su-
perintendent 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 Su-
perintendent denies such an application, the cadet may re-
quest 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 Sec-
retary of the Air Force shall ensure that all records of 
any request, determination, or action under this sub-
section 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 of-
fenses in accordance with subsection (b). 
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(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 au-
thority has declined to refer for trial by a general or spe-
cial 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 depend-
ent 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, abu-
sive sexual contact, and attempts to commit such offenses, 
as punishable under applicable Federal or State law. 
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SEC. 7. EXTENSION OF DEFENSE ADVISORY COMMITTEE ON 
INVESTIGATION, 
PROSECUTION, 
AND 
DE-
FENSE 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 VIC-
TIMS OF SEXUAL ASSAULT. 
Not later than 180 days after the date of the enact-
ment of this Act, the Defense Advisory Committee on In-
vestigation, 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 Represent-
atives a report that evaluates the need for, and the 
feasability of, establishing a process under which a guard-
ian 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. 
Æ 
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